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US (United States) Code. Title 16. Chapter 12D: Columbia Basin Project


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16 USC CHAPTER 12D - COLUMBIA BASIN PROJECT 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 12D - COLUMBIA BASIN PROJECT

.

-HEAD-

CHAPTER 12D - COLUMBIA BASIN PROJECT

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Sec.

835. Project authorized; laws applicable.

835-1. Laws governing.

835a, 835b. Repealed.

835c. Duties of Secretary of the Interior.

(a) Administer, sell, and exchange lands, dedicate

portions for public purposes, etc.

(b) Terms of contracts; qualifications of applicants;

prohibited disposals.

835c-1. Taxation and assessments; applicability of State laws.

(a) Payments in lieu of taxes.

(b) Lands acquired by United States.

(c) Sale of project lands.

835c-2. Authorization of appropriations establishment of Columbia

Basin Land Development Account.

835c-3. Repealed.

835c-4. General powers of Secretary of the Interior; delegation to

authorized representatives.

835c-5. Repealed.

835d. Acquisition of Indian lands, Spokane and Colville

Reservations.

835e. Payment for lands acquired from Spokane and Colville

Reservations.

835f. Use of funds deposited to allottees; land and improvements.

835g. Relocation of Indian cemeteries.

835h. Acts and regulations by Secretary of the Interior.

835i. Contracts with State of Washington for maintenance and

operation of fish hatcheries.

835j. Projects marketing commercial power and energy; consolidated

financial statement to President and Congress; adjustment of

rates to assure return of reimbursable construction costs within

prescribed period.

835k. Return of construction costs from marketing revenues in event

of inability of irrigation water users to repay within repayment

period and lack of other sources of revenue.

835l. Congressional declaration of financial policy; limitations on

assistance; analyses and studies; ''net revenues'' defined.

835m. Recommendations for changes in limitations on financial

assistance; time and frequency of submission.

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16 USC Sec. 835 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 12D - COLUMBIA BASIN PROJECT

-HEAD-

Sec. 835. Project authorized; laws applicable

-STATUTE-

In addition to the primary purposes for which the Grand Coulee

Dam project (hereafter to be known as the Columbia Basin project

and herein called the ''project'') was authorized under the

provisions of the Act of August 30, 1935 (49 Stat. 1028), the

project is authorized and reauthorized as a project subject to the

Reclamation Project Act of 1939; and the provisions of each of

those two Acts together with the provisions of this Act shall

govern the repayment of expenditures and the construction,

operation, and maintenance of the works constructed as a part of

the project.

-SOURCE-

(May 27, 1937, ch. 269, Sec. 1, 50 Stat. 208; Mar. 10, 1943, ch.

14, 57 Stat. 14.)

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REFERENCES IN TEXT

Act of August 30, 1935 (49 Stat. 1028), referred to in text, is

act Aug. 30, 1935, ch. 831, 49 Stat. 1028, as amended, which act,

by section 2, authorized the construction of the Grand Coulee Dam.

The Reclamation Project Act of 1939, referred to in text, is act

Aug. 4, 1939, ch. 418, 53 Stat. 1187, as amended, which is

classified generally to sections 375a, 387 to 389, 485 to 485h, and

485i to 485k of Title 43, Public Lands. For complete classification

of this Act to the Code, see section 485k of Title 43 and Tables.

Those two Acts, referred to in text, refer to the act of Aug. 30,

1935, and to the Reclamation Project Act of 1939. See notes above.

This Act, referred to in text, is act May 27, 1937, ch. 269, as

amended generally by act Mar. 10, 1943, ch. 14, 57 Stat. 14, known

as The Columbia Basin Project Act, which enacted this section,

sections 835a to 835c-5 of this title, and provisions set out as a

note under this section. For complete classification of this Act

to the Code, see Short Title note set out under this section and

Tables.

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AMENDMENTS

1943 - Act Mar. 10, 1943, amended section generally.

SHORT TITLE

Act May 27, 1937, ch. 269, Sec. 11, as added by Mar. 10, 1943,

ch. 14, 57 Stat. 20, provided that: ''This Act (enacting this

section, sections 835a to 835c-5 of this title, and provisions set

out as a note below) may be cited as 'The Columbia Basin Project

Act'.''

SEPARABILITY

Act May 27, 1937, ch. 269, Sec. 10, as added by Mar. 10, 1943,

ch. 14, 57 Stat. 20, provided that: ''If any provision of this Act

(see Short Title note above) or the application of such provision

to any person or circumstances shall be held invalid, the remainder

of the Act and the application of such provision to persons or

circumstances other than those as to which it is held invalid shall

not be affected thereby.''

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TRANSFER OF FUNCTIONS

Power marketing functions of Bureau of Reclamation, including

construction, operation, and maintenance of transmission lines and

attendant facilities, transferred to Secretary of Energy by section

7152(a)(1)(E), (3) of Title 42, The Public Health and Welfare, and

are to be exercised by Secretary through a separate Administration

within Department of Energy.

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16 USC Sec. 835-1 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 12D - COLUMBIA BASIN PROJECT

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Sec. 835-1. Laws governing

-STATUTE-

The Columbia Basin project shall be governed by the Federal

reclamation laws, being the Act of June 17, 1902 (32 Stat. 388),

and all Acts amendatory thereof or supplementary thereto.

-SOURCE-

(Pub. L. 87-728, Sec. 3, Oct. 1, 1962, 76 Stat. 678.)

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REFERENCES IN TEXT

Act June 17, 1902 (32 Stat. 388), referred to in text, is act

June 17, 1902, ch. 1093, 32 Stat. 388, as amended, known as the

Reclamation Act, which is classified generally to chapter 12 (Sec.

371 et seq.) of Title 43, Public Lands. For complete classification

of this Act to the Code, see Short Title note set out under section

371 of Title 43 and Tables.

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CODIFICATION

Section is derived from part of section 3 of Pub. L. 87-728.

Remainder of such section amended section 835c of this title, and

repealed sections 835a, 835b, 835c-3, and 835c-5 of this title.

-TRANS-

TRANSFER OF FUNCTIONS

Power marketing functions of Bureau of Reclamation, including

construction, operation, and maintenance of transmission lines and

attendant facilities, transferred to Secretary of Energy by section

7152(a)(1)(E), (3) of Title 42, The Public Health and Welfare, and

are to be exercised by Secretary through a separate Administration

within Department of Energy.

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16 USC Sec. 835a, 835b 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 12D - COLUMBIA BASIN PROJECT

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Sec. 835a, 835b. Repealed. Pub. L. 87-728, Sec. 3, Oct. 1, 1962, 76

Stat. 678

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Section 835a, acts May 27, 1937, ch. 269, Sec. 2, 50 Stat. 210;

Mar. 10, 1943, ch. 14, 57 Stat. 14; Sept. 26, 1950, ch. 1048, Sec.

1(1), (2), 64 Stat. 1037; Sept. 2, 1957, Pub. L. 85-264, Sec.

1(a)-(c), 71 Stat. 590, related to the use of project

appropriations for irrigation features; appraisals and reappraisals

of lands; contracts with subdivisions of state; irrigation blocks;

boundaries as determining right to water; temporary delivery to

excess lands; definition of owners, community property; necessity

of execution of recordable contract; contractual requirements;

filing of instruments.

Section 835b, acts May 27, 1937, ch. 269, Sec. 3, 50 Stat. 210;

Mar. 10, 1943, ch. 14, 57 Stat. 18; Sept. 26, 1950, ch. 1048, Sec.

1(3), 64 Stat. 1037, related to consideration for conveyance of

lands.

SAVINGS PROVISION

Section 5(b) of Pub. L. 87-728 provided that: ''The rights of any

vendee or grantee as defined in section 3 of the Columbia Basin

Project Act of 1943 (section 835b of this title) are hereby

preserved as to any transactions that were consummated by contract

or deed prior to repeal of said section 3 by this Act.''

AMENDATORY REPAYMENT CONTRACT

Sections 1 and 2 of Pub. L. 87-728 provided: ''That the

amendatory repayment contract with the Quincy Columbia Basin

Irrigation District negotiated by the Secretary of the Interior,

pursuant to subsection (a) of section 7 of the Reclamation Project

Act of 1939 (53 Stat. 1192; 43 U.S.C. 485f) (section 485f(a) of

Title 43, Public Lands), which contract was approved by the

district electors on February 13, 1962, is hereby approved and the

Secretary is hereby authorized to execute it on behalf of the

United States and to negotiate and execute on behalf of the United

States amendatory repayment contracts in substantially the same

form or amendatory repayment contracts containing substantially the

same provisions with the South and East Columbia Basin Irrigation

Districts.

''Sec. 2. Upon any amendatory repayment contract with a Columbia

Basin Irrigation District approved or authorized by this Act

(enacting section 835-1 of this title, amending section 835c,

835c-1, 835c-2, 835c-4 of this title, repealing sections 835a,

835b, 835c-3, and 835c-5 of this title, and enacting provisions set

out as notes under sections 835a, 835b, and 835c of the title)

becoming effective to bind the United States, that district's share

of the operation and maintenance funds expended or obligated for

the construction of drainage works including appropriate interest

thereon during calendar years 1960, 1961, and 1962 shall be

capitalized and charged as a part of the construction cost of the

project assigned directly to irrigation and the Secretary shall

either refund to it or give it credit for (as it may elect) all

operation and maintenance payments (including interest paid by it

in connection therewith) which it has made for the construction of

drainage works during those years, such credit, if so elected by

the district, to be applied against future development period

and/or construction charges of the district as they become due.''

SALE OF PROJECT LANDS TO STATE OF WASHINGTON

Pub. L. 86-52, June 23, 1959, 73 Stat. 87, provided: ''That

notwithstanding any provisions of sections 2(b)(iii), 2(b)(iv), and

4(b) of the Columbia Basin Project Act, as amended (former section

835a(b)(iii), (iv) of this title and section 835c(b) of this title)

(16 U.S.C., ch. 12D) (this chapter), conformed farm units, or

portions of farm units, comprising not more than six hundred and

forty acres of irrigable land on the Columbia Basin project may be

sold by the Secretary of the Interior and others to the State of

Washington for use by the State College of Washington for

agricultural research purposes, and water may be delivered from,

through, or by means of the project works to or for conformed farm

units comprising no more than that acreage, as nonexcess lands,

whether so acquired or already held by the State, as long as they

are used for those purposes. Except as otherwise provided in this

Act, any lands sold to the State under this Act shall be governed

by the provisions of the Columbia Basin Project Act, as amended

(sections 835, 835a to 835c-5 of this title) and regulations of the

Secretary issued pursuant thereto.''

Pub. L. 86-52 was amended to permit delivery of water to State

owned lands, see section 7 of Pub. L. 87-728, set out as a note

below.

DELIVERY OF WATER TO STATE OWNED LAND

Section 7 of Pub. L. 87-728 provided that: ''The Act of June 23,

1959 (73 Stat. 87) (set out as a note above) is hereby amended to

permit delivery of water to not to exceed six hundred and forty

acres of irrigable lands whether or not said lands are in conformed

farm units, owned by the State of Washington for use by the

Washington State University for agricultural research purposes.''

DELIVERY OF WATER TO FARMS PLATTED PRIOR TO OCTOBER 1, 1962,

EXCEEDING 160 ACRES

Section 5(a) of Pub. L. 87-728 provided that: ''Notwithstanding

the provisions of the Federal reclamation laws, water may be

delivered to farm unit platted before the enactment of this Act

(Oct. 1, 1962) that contains a nominal quarter section of land

exceeding one hundred and sixty irrigable acres insofar as those

provisions limit the delivery of water to irrigable lands in excess

of one hundred and sixty irrigable acres.''

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16 USC Sec. 835c 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 12D - COLUMBIA BASIN PROJECT

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Sec. 835c. Duties of Secretary of the Interior

-STATUTE-

(a) Administer, sell, and exchange lands, dedicate portions for

public purposes, etc.

For the purposes of assisting in the permanent settlement of farm

families, protecting project land, and facilitating project

development, the Secretary is authorized to administer public lands

of the United States in the project area and lands acquired under

this section; to sell, exchange, or lease such lands; to dedicate

portions of such lands for public purposes in keeping with sound

project development; to acquire in the name of the United States,

at prices satisfactory to him, such lands or interests in lands,

within or adjacent to the project area, as he deems appropriate for

the protection, development, or improvement of the project; and to

accept donations of real and personal property for the purposes of

this Act. Any moneys realized on account of donations for purposes

of this Act shall be covered into the Treasury as trust funds.

(b) Terms of contracts; qualifications of applicants; prohibited

disposals

Contracts, exchanges, and leases made under this section shall be

on terms that, in the Secretary's judgment, are in keeping with

sound project development. In addition, land sale and exchange

contracts shall be on a basis that, in the Secretary's judgment,

provides for the return, in a reasonable period of years, of not

less than the appraised value of the land and improvements

thereon. Qualification of applicants for the purchase of land for

irrigation farming shall be prescribed as provided in section 433

of title 43, notwithstanding any other provisions of law. No farm

unit shall be sold to, and no contract to sell a farm unit shall be

entered into with, any person, corporation, or joint-stock

association which has theretofore purchased or entered into a

contract to purchase a farm unit from the United States on the

Columbia Basin project. The foregoing provisions of this

subsection shall apply only to the sale of farm units which are

suitable for settlement purposes. Farm units which, in the opinion

of the Secretary, are not suitable for settlement purposes may be

sold with a preference to resident project landowners as

supplemental units, subject to the applicable irrigable acreage

limitations on the delivery of water, but the purchasers thereof

shall not be entitled to benefits of the Act of August 13, 1953 (67

Stat. 566) (43 U.S.C. 451 et seq.) with respect thereto.

-SOURCE-

(May 27, 1937, ch. 269, Sec. 4, 50 Stat. 210; Mar. 10, 1943, ch.

14, 57 Stat. 18; Sept. 26, 1950, ch. 1048, Sec. 1(4), 64 Stat.

1037; Pub. L. 85-264, Sec. 1(d), Sept. 2, 1957, 71 Stat. 591; Pub.

L. 87-728, Sec. 3, Oct. 1, 1962, 76 Stat. 678.)

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REFERENCES IN TEXT

This Act, referred to in subsec. (a), is act May 27, 1937, ch.

269, as amended generally by act Mar. 10, 1943, ch. 14, 57 Stat.

14, known as The Columbia Basin Project Act, which enacted this

section, sections 835, 835a, 835b, and 835c-1 to 835c-5 of this

title, and provisions set out as a note under section 835 of this

title. For complete classification of this Act to the Code, see

Short Title note set out under section 835 of this title and

Tables.

Act of August 13, 1953, referred to in text, is act Aug. 13,

1953, ch. 428, 67 Stat. 566, as amended, which is classified

generally to subchapter VII (Sec. 451 et seq.) of chapter 12 of

Title 43, Public Lands. For complete classification of this Act to

the Code, see Tables.

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AMENDMENTS

1962 - Subsec. (a). Pub. L. 87-728 struck out provisions stating

as a purpose of this section the prevention of speculation in

project lands, and deleted from among the duties of the Secretary,

those to establish town sites on such lands, and to disseminate

information by appropriate means and methods.

Subsec. (b). Pub. L. 87-728 authorized farm units which are not

suitable for settlement purposes to be sold with a preference to

resident project landowners as supplemental units, subject to the

applicable irrigable acreage limitations on the delivery of water,

and prohibiting purchasers thereof from receiving benefits of the

Act of August 13, 1953, with respect thereto, eliminated provisions

which required land sale and exchange contracts, in the case of

lands to be included in farm units, to provide for the application

of provisions similar to those of the recordable contracts provided

under section 835a(c) of this title, and each applicant for the

purchase of land for irrigation farming to agree that he, his heirs

and assigns will not, except with the Secretary's approval, sell,

assign, lease, or otherwise dispose of his land during a period

ending five years from the date of his purchase contract, and

prohibiting applications for a farm unit from any person who, or a

member of whose family, then has outstanding another application

for a farm unit on the project or to whom a farm unit could not at

the time of application lawfully be sold under sections 835 and

835a to 835c-5 of this title, substituted provisions prohibiting

the sale of a farm unit to, and the entering into a contract to

sell a farm unit with, any person, corporation, or joint-stock

association which has theretofore purchased or entered into a

contract to purchase a farm unit from the United States on the

Columbia Basin project for provisions which prohibited the sale of

a farm unit to, and the entering into a contract to sell a farm

unit with, any person, corporation, joint-stock association, or

family which has theretofore purchased or entered into a contract

to purchase a farm unit under sections 835 and 835a to 835c-5 of

this title or which then owns a farm unit within the Columbia Basin

project, but not precluding a purchase or contract to purchase by a

person, otherwise eligible, whose farm unit has been or is acquired

by the United States for exchange purposes or, if he is 18 years of

age or older, whose family purchased or entered into a contract to

purchase a farm unit at a time when he was under 18 years of age.

1957 - Subsec. (b). Pub. L. 85-264 inserted provisions to require

applicant's agreement not to dispose of his land for 5 years from

the date of his purchase contract except with approval of

Secretary, to prohibit receiving application from a person who, or

a member of whose family, has outstanding another application, or

to whom a unit could not at the time of application be lawfully

sold, and to prohibit sale or contracts of sale with those who

theretofore purchased or contracted to purchase, a unit under

sections 835 and 835a to 835c-5 of this title, or then own a unit

within the project.

1950 - Subsec. (b). Act Sept. 26, 1950, permitted the Secretary

to make recordable contract provisions applicable to lands to be

included in farm units.

1943 - Act Mar. 10, 1943, amended section generally.

AMENDMENT OF CONTRACTS, INSTRUMENTS, RULES, REGULATIONS, FORMS, AND

PROCEDURES

Section 4 of Pub. L. 87-728 provided that: ''The Secretary is

hereby authorized and directed to amend or modify all existing

contracts, instruments, rules, regulations, forms, and procedures

entered into or issued under the Columbia Basin Project Act, as

amended (16 U.S.C., chap. 12D) (sections 835 and 835a to 835c-5 of

this title) prior to the date of enactment of this act (Oct. 1,

1962) to conform to the provisions of this Act (enacting section

835-1 of this title, amending sections 835c, 835c-1, 835-2, 835c-4

of this title, repealing sections 835a, 835b, 835c-3, and 835c-5 of

this title, and enacting provisions set out as notes under sections

835a and 835b of this title).''

AMENDMENT OF CONTRACTS, DEEDS OR DOCUMENTS BY SECRETARY

Section 2 of Pub. L. 85-264 provided that: ''The Secretary of the

Interior is authorized to amend any contract, which has been

entered into prior to the date of enactment of this Act (Sept. 2,

1957), or any existing deed or other document to conform with the

provisions of the first section of this Act (amending this section

and section 835a of this title). The consent of the United States

is hereby given to the recording, at the expense of the party

benefited thereby, of any such amendment.''

COULEE DAM COMMUNITY ACT OF 1957

Pub. L. 85-240, Aug. 30, 1957, 71 Stat. 524, provided:

''(Sec. 1. Purpose Lands Included). That it is the purpose of

this Act, in connection with the Columbia Basin project, to

authorize the disposal of certain Federal property in the

unincorporated area in the State of Washington commonly known as

the town of Coulee Dam in order that the United States may withdraw

from the ownership and operation of the town and that the people of

that area may enjoy self-government, to facilitate the

establishment by them of a municipal corporation under the laws of

the State of Washington, and to authorize the disposal of certain

Federal property in and in the immediate vicinity of the city of

Grand Coulee, Washington, in order to reduce restrictions on the

growth thereof. The area herein referred to as the town area is

situated in Douglas, Grant, and Okanogan counties and comprises the

following lands:

''Douglas County: Township 29 north, range 30 east, Willamette

meridian, section 36, lots 2, 3, 4, east half southwest quarter and

southwest quarter southwest quarter.

''Grant County: Township 28 north, range 30 east, Willamette

meridian, section 1, lots 1 and 2.

''Okanogan County: Township 28 north, range 31 east, Willamette

meridian, section 6, lot 3.

''Township 29 north, range 30 east, Willamette meridian, section

36, lots 5, 6, and 7.

''Township 29 north, range 31 east, Willamette meridian, section

30, all those portions of the south 300 feet of lot 4 included

within the area conveyed to the United States of America by

warranty deed executed by Charles E. Hopkins, and others on

September 11, 1946, and recorded in book 107 of deeds at pages 175

and 176 under Okanogan County auditor's file numbered 346972 and by

warranty deed executed by Charles E. Hopkins, and others on

November 7, 1945, recorded in book 102 of deeds at pages 441 and

442 under Okanogan County auditor's file numbered 339487.

''Section 31, west half northeast quarter, southeast quarter

northwest quarter, east half southwest quarter, northwest quarter

northwest quarter southeast quarter, and lots 1, 2, 3, and 4.

''The area herein referred to as the Grand Coulee area is

situated in Grant County and comprises the following lands:

''Township 28 north, range 30 east, Willamette meridian, section

11, south one-half north one-half north one-half southwest

one-quarter, northeast one-quarter southeast one-quarter.

''The term 'the municipality', as used in this Act, refers to any

municipal corporation organized hereafter embracing any part of the

town area described.

''Sec. 2. (Authority of Secretary to Sell Property). Except for

property, disposal of which is authorized under section 6 of this

Act, the Secretary of the Interior, hereinafter referred to as the

Secretary, is authorized to sell all lands and improvements

situated in the town and Grand Coulee areas which was acquired or

built by the United States for the construction, operation, and

maintenance of Grand Coulee Dam and its appurtenant works and which

is not needed for Federal purposes. Such disposals shall be made

in accordance with the terms and conditions set forth in section 3

of this Act, but lands to be sold in the Grand Coulee area shall be

sold at public sale to the highest responsible bidder.

''Sec. 3. (Manner of Disposal Priority of Purchasers; Terms of

Sale). (a) All land authorized to be sold under section 2 of this

Act which, when offered for sale, is occupied by improvements owned

by the United States shall be sold with the improvements in place.

''(b) Of the property authorized to be sold under section 2 of

this Act, lands in the town area occupied by dwelling units shall

be sold in accordance with the following terms and conditions:

''(1) First priority to purchase shall be given to the tenant of

the United States in the town area who occupies the land and

dwelling unit to be sold. The land and dwelling unit shall be

offered at the appraised value as established under section 5 less

any applicable discounts under this Act. This right of priority

shall expire unless a deposit of earnest money in an amount to be

fixed by the Secretary is received by him before the expiration of

sixty days after the date on which the property has been offered

for sale, and the right of priority shall be deemed abandoned

unless within an additional one hundred and eighty days the

prospective purchaser shall have signed a contract to purchase the

property.

''Any tenant having a priority under (1) who desires to continue

to rent the property occupied by him rather than to purchase it may

assign his priority to a person who has entered into a valid

contract to lease the property back to him. The Secretary may

permit such other assignments of priorities under (1) as he finds

to be fair and equitable. Assignments under this paragraph shall

be subject to such general rules and regulations as the Secretary

may prescribe, including denial, in any instance where the

Secretary in his judgment finds it proper, to the assignee

concerned, or his successors, assigns, or legal representatives, of

any discount in or rebate of the purchase price to which such

person or persons would otherwise be entitled under this Act.

''(2) Second priority to purchase shall apply to property in the

town area not purchased under (1) and shall be given to persons who

are tenants of the United States in Federal housing in the town

area or who would meet the requirements for eligibility to become

such tenants under the most recent regulations of the Bureau of

Reclamation for the assignment of persons to Federal housing in the

town area. Applicants to purchase shall be placed in order of

opportunity to choose pursuant to a public drawing, but spouses of

such applicants shall not be entitled to apply. Sales shall be at

the appraised value as established under section 5, less applicable

discounts under this Act. Selection of dwelling units by successful

applicants, to be accompanied by a deposit of earnest money fixed

as under (1), shall be concluded within limits of time established

by the Secretary, and thereafter the purchase shall be concluded in

the same manner as provided under (1). A purchase under (1) or (2)

shall render the purchaser and any spouse of such purchaser

ineligible thereafter to purchase under either (1) or (2).

''(3) Property not sold under (1) or (2) shall be opened to bids

from the general public and shall be sold to the highest

responsible bidder.

''(c)(1) Of the property authorized to be sold under section 2 of

this Act, land in the town area occupied by privately owned

improvements shall be offered for sale to the owner of such

improvements at the appraised value as established under section 5

less applicable discounts under this Act. This preference right

shall expire unless a deposit of earnest money in an amount to be

fixed by the Secretary is received by the Secretary before the

expiration of sixty days after the date on which the property has

been offered for sale, and thereafter the purchase shall be

concluded in the same manner as provided under subsection (b)(1) of

this section.

''(2) Land not purchased by the owner of the improvements (except

church or hospital improvements) thereon under (1) shall be made

available for sale for a period of thirty days to those eligible

for purchase under subsection (f) of this section, and thereafter

shall be opened to bids from the general public and sold to the

highest responsible bidder.

''(3) Land with church or hospital improvements thereon which has

not been purchased by the owners of the improvements under (1) may

be disposed of by advertising and competitive bids, or by

negotiated sale or other transfer at such prices and on such other

terms and conditions as the Secretary shall determine to be fair

and equitable.

''(d)(1) Of the property authorized to be sold under section 2 of

this Act, land in the town area occupied by improvements owned by

the United States other than dwelling units shall be offered to the

lessee of the United States in such improvements at the appraised

value as established under section 5 less applicable discounts

under this Act: Provided, That where there is more than one lessee

in a given improvement and the Secretary finds it impractical to

offer each lessee an interest in the property, the Secretary,

pursuant to such standards as he deems appropriate, shall designate

an order of priority among such lessees for acceptance of the offer

of sale of such property, which shall be sold at the appraised

value as established under section 5 less applicable discounts

under this Act and pursuant to such other terms and conditions as

the Secretary deems proper. Any preference or priority right under

this paragraph shall expire unless a deposit of earnest money in an

amount to be fixed by the Secretary is received by the Secretary

before the expiration of sixty days after the date on which the

property has been offered for sale, and thereafter the purchase

shall be concluded in the same manner as provided under subsection

(b)(1) of this section.

''(2) Property referred to in (1) which is not under lease

granted by the United States or which has not been purchased under

(1) shall be made available for sale for a period of thirty days to

those eligible for purchase under subsection (f) of this section

and thereafter may be opened to bids from the general public and

sold to the highest responsible bidder.

''(e) Of the property authorized to be sold under section 2 of

this Act, land in the town area which has not been improved or land

from which the improvements have been removed shall be sold in

accordance with the following terms and conditions.

''(1) Residential property in the town area shall be offered for

sale to persons who are tenants of the United States in Federal

housing in the town area or who would meet the requirements for

eligibility to become such tenants under the most recent

regulations of the Bureau of Reclamation for the assignment of

persons to Federal housing in the town area. Applicants to

purchase shall be placed in order of opportunity to choose pursuant

to a public drawing. No application shall be accepted from the

spouse of any applicant or from a person, or the spouse of such

person, who owns, has owned, or has contracted to buy other

residential property in the town area. Sales shall be at the

appraised value as established under section 5 less applicable

discounts under this Act, and selection and purchase under this

priority by successful applicants shall be concluded within limits

of time to be established by the Secretary. Residential property

which is not sold under the preceding provisions of this subsection

shall be open to bids from the general public and shall be sold to

the highest responsible bidder.

''(2) Property which at the time of sale is zoned for other than

residential use, except such as is disposed of under subsection (f)

of this section and land with church or hospital improvements

thereon, shall be open to bids from the general public and shall be

sold to the highest responsible bidder.

''(f) Of the property in the town area authorized to be sold

under section 2 of this Act, except that which is covered by

subsections (b), (c)(3), and (e)(1) of this section, land not

purchased by the holders of a priority or preference under this

section shall, for thirty days following the period during which

holders of a priority or preference could purchase the same, be

offered for sale at the appraised value as established under

section 5 less applicable discounts under this Act to persons

leasing property in the town area from the United States for

business or commercial uses. The Secretary may, in his discretion,

permit more than one lot to be included in a single purchase, but

only if the property to be purchased is compact and contiguous. If

two or more applicants to purchase under this subsection desire the

same property, their order of opportunity to purchase shall be

determined pursuant to a public drawing. A purchase under this

subsection shall render the purchaser and any spouse of such

purchaser ineligible either to make an additional purchase under

this subsection or to purchase the business or commercial property

he is renting from the United States.

''(g) Any improvement owned by the United States located on lands

in the town area subject to being purchased by the holder of a

priority or preference right hereunder and not purchased, after

being offered for sale, within one year following the expiration of

the period within which the priority or preference right can be

exercised, may be opened to bids from the general public and may be

sold to the highest responsible bidder.

''(h) In all public sales of property under this Act to the

highest responsible bidder, which shall include all sales of

property to be sold in the Grand Coulee area, the Secretary shall

reserve the right to reject all bids; and, in the event all bids

are less than the appraised value of the property as established

under section 5 or in the event no bids are received, the property

shall be available for sale to the first taker from the general

public at not less than aforesaid appraised value until all such

property has been sold.

''(i)(1) Whenever the Secretary, on presentation of adequate

evidence by a prospective purchaser or purchasers under subsections

(b)(1) or (b)(2) of this section, shall determine that financing of

purchases on reasonable terms cannot be arranged from other

sources, he is authorized to enter into contracts with such

purchasers under which the purchaser would not be required to make

a downpayment of more than 10 per centum of the appraised value of

the property as established under section 5 less applicable

discounts under this Act and the remainder of the repayment

obligation shall be paid on terms as to amount, repayment period,

installments, and interest rate not more favorable to the

purchasers than those which would be available were the purchases

to be financed under mortgages eligible for insurance under

subsection 223(a) of the National Housing Act, as herein amended

(section 1715n(a) of Title 12): Provided, That the Secretary may

increase the interest rate by additional components equal to the

premium being charged (and any periodic service charge being

authorized by the Federal Housing Commissioner for property of a

similar character) under subsection 223(a) of the National Housing

Act, as herein amended (section 1715n(a) of Title 12), at the

effective date of the aforesaid contracts.

''(2) Whenever the Secretary, on presentation of adequate

evidence by a prospective purchaser or purchasers under subsections

(c)(1), (d)(1), or (f) of this section, shall determine that

financing of purchases on reasonable terms cannot be arranged from

other sources, he is authorized to enter into contracts with such

purchasers under which the purchaser would not be required to make

a down payment of more than 10 per centum of the appraised value of

the property as established under section 5, less applicable

discounts under this Act. The remainder of the repayment obligation

shall be paid with such terms as to amount, repayment period,

installments, and interest rate as the Secretary shall determine to

be fair and equitable.

''(3) The Secretary may assign any installment contract under

this section at such times and on such terms and conditions as he

deems appropriate. Any such assignment made at a discount shall be

defeasible if within sixty days after receipt of notification of

such assignment the original obligor of the assigned contract, or

his successors, assigns, or legal representative, shall cause to be

received by the Secretary a tender of the amount for which such

assignment was made, in which event such tender shall be accepted

as full payment of the contract.

''(j) Except in the case of property sold to the highest

responsible bidder under this section or property sold to the first

taker from the general public under subsection (h) of this section

or by negotiated sale under subsection (c)(3) of this section,

persons purchasing property under this section or their successors,

assigns, or legal representatives, shall be entitled to a discount

in the purchase price at the time they enter into a purchase

contract equal to 5 per centum of its appraised value as

established under section 5 and, in the event of incorporation of

the municipality within four years from the date of this Act (Aug.

30, 1957), they shall be entitled to an additional discount in the

purchase price (or rebate as appropriate) equal to 10 per centum of

the aforesaid appraised value.

''(k) In establishing rules and regulations governing sales of

property in the town area under this section, and in determining

the terms and conditions of such sales other than those prescribed

in this Act, the Secretary shall consult with the representatives

of the Coulee Dam Community as determined by him.

''Sec. 4. (Section Amended Section 1715n(a)(3) of Title 12, Banks

and Banking).

''Sec. 5. (Appraisals and Reappraisals of Value). The appraised

values referred to in section 3 of this Act shall be determined

from time to time for a period of five years after the date of this

Act (Aug. 30, 1957) by the Administrator of Housing and Home

Finance Agency or his designee at the request of the Secretary.

Thereafter, the Secretary may make such reappraisals as he deems

necessary. Appraisals or reappraisals in the town area shall be

made only after representatives of the Coulee Dam community, as

determined by the Secretary, and of the Columbia River Commission,

or such corresponding organization as may succeed it, have been

granted an opportunity to offer advice. All appraisals and

reappraisals shall be made on the basis of the properties' fair

market value in the locality. In the sale of property to a tenant

under subsections 3(b)(1) and (3)(d)(1) of this Act, the value of

structural improvements made at such tenant's own expense shall, to

the extent the appraiser or appraisers hereunder determine that

such improvements actually enhance the value of the property, be

deducted from what would otherwise be the appraised value of the

property to be sold; and the difference shall be deemed the

appraised value for the purposes of this Act.

''Sec. 6. (Authority of Secretary To Transfer Property and

Facilities). The Secretary is authorized to transfer without cost

out of the properties in his custody within the town and Grand

Coulee areas ownership of -

''(a) any Federally owned municipal-type property and

facilities together with rights-of-way therefor, equipment,

materials, and supplies, in or serving said areas, including but

not limited to the sewer, water, fire-alarm, street-lighting,

electric feeder lines, and power-distribution systems, and the

highways, streets, alleys, sidewalks, parks, and parking areas to

the municipality or Grand Coulee if their respective areas are

substantially served by such properties. Any such transfer to

the municipality, however, will not be made unless the town area

or a part thereof is incorporated within four years from the date

of this Act (Aug. 30, 1957);

''(b) the school buildings and grounds, athletic fields, tennis

courts, and other properties currently used for educational

purposes to the appropriate school district; and

''(c) highway improvements in and connecting the town and Grand

Coulee areas and the bridge across the Columbia River, together

with the necessary rights-of-way therefor to the State of

Washington.

''Sec. 7. (Availability of Funds). (a) There is hereby made

available out of the proceeds of sales made pursuant to section 3

of this Act an amount not to exceed $130,000 for expenditure,

directly or through the local units of government involved, for

work in connection with the disposal of sewage in the immediate

vicinity of the town of Coulee Dam and the city of Grand Coulee,

including betterment work on the existing open drain along the

north side of the highway through the city of Grand Coulee. Of this

amount the Secretary shall pay not more than $100,000 to Grand

Coulee and not more than $30,000 to the municipality. Except to

the extent that any expenditures have been made directly as

provided in the preceding sentence, the Secretary shall, upon

application, pay to Grand Coulee the amount of $10,000 and to the

municipality the amount of $3,000 for engineering surveys and

drafting of specifications for proposed construction and/or

improvement of sewage disposal and drainage facilities. After

final drawings and specifications have been approved by the

Secretary and the construction contracts have been entered into,

the Secretary shall pay monthly to Grand Coulee and to the

municipality additional amounts equivalent to earnings under their

contracts as evidenced by construction progress reports certified

by their contractors and by Grand Coulee and the municipality, but

not to exceed a total of $90,000 for the former and $27,000 for the

latter.

''(b) Subject to the provisions of subsection 9(a) of this Act,

the following amounts shall be made available, out of the proceeds

of sales made pursuant to section 3 of this Act, to the

municipality if incorporated within four years from the date of

this Act (Aug. 30, 1957): (1) On incorporation, $44,000; (2) at the

end of one year after incorporation, $21,000; and (3) at the end of

two years after incorporation, $15,000.

''(c) The Secretary is hereby authorized to make available as

herein provided, as power and energy reserved for the operation and

maintenance of the Columbia Basin project, for users in the town

area and, to other communities within three and one-half miles of

Grand Coulee Dam which are served by municipally owned distribution

systems such amount of power and energy as, in his judgment, is

needed to meet load requirements for space-heating purposes

existing at the time of incorporation of the municipality. Such

power and energy may be made available directly to the users or

indirectly through distributing agencies, for a period of ten years

from the date of this Act (Aug. 30, 1957) and may be at such

special rates as the Secretary finds to be proper but at not less

than cost.

''Sec. 8. (Taxes on Property Sold Under Contracts Deferring

Transfer of Title). Property sold under any contract deferring

transfer of title pending payment of the purchase price upon

recordation of such contract in the county records shall be subject

to the provisions of the laws of the State of Washington relating

to the assessment and collection of property taxes, and to liens

for such taxes and to all proceedings for the enforcement thereof,

in the same manner and to the same extent as privately owned

property. The United States does not assume any obligation for the

amounts so assessed or taxed; and any proceedings to enforce them

shall be subject to any title then remaining in the United States

and to any prior lien reserved to the United States for unpaid

installments under sale contracts made hereunder.

''Sec. 9. (Proceeds From Sales). (a) All proceeds from sales of

property (including the assignment of contracts) authorized under

section 2 of this Act are hereby appropriated for expenditure by

the Secretary for (1) expenses of disposal of Federal property

under this Act, including rebates, where appropriate, to vendees of

the United States entitled to the discount provided under section 3

of this Act for attainment of early incorporation of the

municipality, and (2) for purposes authorized in subsection 7(a)

and (1) of subsection 7(b) of this Act: Provided, That amounts

referred to in (2) and (3) of subsection 7(b) of this Act shall be

expended only after specific appropriation has been made by

Congress therefor. So much of the aforesaid proceeds as is in

excess of amounts which may be necessary for expenditures referred

to in this subsection shall be covered into the reclamation fund.

''(b) Transfers under this Act of Federal property to non-Federal

ownership shall not result in any diminution of the reimbursable

costs of the Columbia Basin project except to the extent that any

net proceeds from sales of property under this Act are credited to

said project.

''Sec. 10 (Rights Under Leases). Transfers of Federal property

under this Act shall not impair rights under leases granted by the

United States.

''Sec. 11. (Powers of Secretary; Rules and Regulations;

Appropriation; Contracts). (a) The Secretary is authorized to

perform such acts, to make such rules and regulations, and to

include in any contracts and conveyances such provisions as he

deems proper for the purpose of carrying out the provisions of this

Act, including provisions for payment for furnishing of municipal

facilities and services while such facilities and services are

provided by the United States and for the establishment of liens in

connection therewith. There are hereby authorized to be

appropriated such sums, not otherwise appropriated, as may be

required to carry out the purposes of this Act. Wherever in this

Act functions, powers, and other duties are conferred upon the

Secretary, such functions, powers, and duties may be performed,

exercised, or discharged by his duly authorized representatives.

''(b) The Secretary is authorized to enter into contracts with

the municipality whereby either party might undertake to render to

the other such services in aid of the performance of activities and

functions of the municipality and of the Department of the Interior

within or near Coulee Dam as will, in the Secretary's judgment,

contribute substantially to the efficiency or economy of the

operations of the Department of the Interior.

''(c) The authority conferred by this Act is in addition to any

authority conferred by any other law and shall not be subject to

the provisions of any law inconsistent herewith.

''Sec. 12. (Short Title). This Act may be cited as the 'Coulee

Dam Community Act of 1957'.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 835c-2 of this title.

-CITE-

16 USC Sec. 835c-1 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 12D - COLUMBIA BASIN PROJECT

-HEAD-

Sec. 835c-1. Taxation and assessments; applicability of State laws

-STATUTE-

(a) Payments in lieu of taxes

The Secretary may enter into agreements to pay annual sums in

lieu of taxes to any State or political subdivision thereof with

respect to any real property situated therein after it is acquired

pursuant to the authority of this Act and before execution by the

United States of a contract of sale covering it, out of funds

derived from the leasing of such lands. The amount so paid for any

year upon any such property shall not exceed the taxes that would

be paid to the State or subdivision as the case may be upon such

property if it were not exempt from taxation thereby.

(b) Lands acquired by United States

Any public lands within the project and any lands or interests in

lands acquired by the United States under this Act, beginning at

such date or dates and subject to such provisions and limitations

as may be fixed or provided by regulations made under section 8 (16

U.S.C. 835c-4), shall be (i) subject to the provisions of the laws

of the State of Washington relating to the organization,

government, and regulation of irrigation, reclamation, and

conservancy districts, and (ii) subject to legal assessment or

taxation by any such district, and to liens for such assessments

and taxes and to all proceedings for the enforcement thereof, in

the same manner and to the same extent as privately owned lands of

like character. The United States does not assume any obligation

for amounts so assessed or taxed; and any proceedings to enforce

them shall be subject to any title then remaining in the United

States, to any prior lien reserved to the United States for unpaid

installments under land sale contracts made under this Act, and to

any lien for any other charges, accrued or unaccrued, under and by

virtue of such contracts or any contract between the United States

and the district in which the land is located.

(c) Sale of project lands

In addition to taxation or assessment under subsection (b) of

this section upon execution by the United States of a contract of

sale of any lands within the project, the lands under contract may

be taxed by the State or political subdivision thereof in the same

manner and to the same extent as privately owned lands of a like

character. All taxes legally so assessed may be enforced in the

same manner and under the same proceeding whereby said taxes are

enforced against privately owned lands, subject to the limitations

in favor of the United States that govern the enforcement of

district assessments or taxes as provided in subsection (b) of this

section. If lands under any such contract shall at any time revert

to the United States before transfer of title under the contract by

reason of default thereunder, all liens or tax titles resulting

from taxes levied pursuant to the authority of this subsection upon

such lands shall be thereupon extinguished; and the levying of any

such tax by such State or political subdivision shall be deemed to

be an agreement on its part, in the event of such reversion, to

execute and record a formal release of such line or tax title.

-SOURCE-

(May 27, 1937, ch. 269, Sec. 5, as added Mar. 10, 1943, ch. 14, 57

Stat. 19; amended Pub. L. 87-728, Sec. 6(a), Oct. 1, 1962, 76 Stat.

679.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in subsecs. (a) and (b), is act May 27,

1937, ch. 269, as amended generally by act Mar. 10, 1943, ch. 14,

57 Stat. 14, known as The Columbia Basin Project Act, which enacted

this section, sections 835, 835a to 835c, and 835c-2 to 835c-5 of

this title, and provisions set out as a note under section 835 of

this title. For complete classification of this Act to the Code,

see Short Title note set out under section 835 of this title and

Tables.

-MISC2-

AMENDMENTS

1962 - Subsec. (b). Pub. L. 87-728 struck out ''Regulations to

carry out this subsection shall be effective when filed for record

in the manner provided in section 835a(f) of this title''.

-CITE-

16 USC Sec. 835c-2 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 12D - COLUMBIA BASIN PROJECT

-HEAD-

Sec. 835c-2. Authorization of appropriations; establishment of

Columbia Basin Land Development Account

-STATUTE-

There are authorized to be appropriated, out of any money in the

Treasury not otherwise appropriated, such moneys as may be

necessary to carry out the provisions of this Act, to be

reimbursable to the extent required by this Act. All revenues

received in carrying out the provisions of section 4 hereof (16

U.S.C. 835c) shall be covered into the General Treasury as

miscellaneous receipts. Amounts equal to appropriated funds

requisitioned by the Secretary and made available for disbursement

on the books of the Treasurer of the United States shall be debited

in a special account in the Treasury, to be known as the Columbia

Basin Land Development Account. Amounts equal to revenues covered

into the General Treasury as miscellaneous receipts shall be

credited in said special account. After such credits equal the

amount of the debits with interest thereon at the rate of 3 per

centum per annum from the respective dates of the debits,

additional credits in said special account shall be made by the

Secretary, in the manner determined by him, the basis of

corresponding credits to the construction cost obligations of the

district or districts entering into contracts for the repayment

thereof.

-SOURCE-

(May 27, 1937, ch. 269, Sec. 6, as added Mar. 10, 1943, ch. 14, 57

Stat. 19; amended Pub. L. 87-728, Sec. 6(b), Oct. 1, 1962, 76 Stat.

679.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in text, is act May 27, 1937, ch. 269, as

amended generally by act Mar. 10, 1943, ch. 14, 57 Stat. 14, known

as The Columbia Basin Project Act, which enacted this section,

sections 835, 835a to 835c-1, and 835c-3 to 835c-5 of this title,

and provisions set out as a note under section 835 of this title.

For complete classification of this Act to the Code, see Short

Title note set out under section 835 of this title and Tables.

-MISC2-

AMENDMENTS

1962 - Pub. L. 87-728 substituted ''for the repayment thereof''

for ''under section 835a of this title''.

-CITE-

16 USC Sec. 835c-3 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 12D - COLUMBIA BASIN PROJECT

-HEAD-

Sec. 835c-3. Repealed. Pub. L. 87-728, Sec. 3, Oct. 1, 1962, 76

Stat. 678

-MISC1-

Section, act May 27, 1937, ch. 269, Sec. 7, as added Mar. 10,

1943, ch. 14, 57 Stat. 20; amended Sept. 27, 1950, ch. 1060, 64

Stat. 1074, related to the consent of the State of Washington to

the provisions of sections 835 and 835a to 835c-5 of this title,

and to the effect of constitutional limitations.

-CITE-

16 USC Sec. 835c-4 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 12D - COLUMBIA BASIN PROJECT

-HEAD-

Sec. 835c-4. General powers of Secretary of the Interior;

delegation to authorized representatives

-STATUTE-

The Secretary is authorized to perform such acts, to make such

rules and regulations, and to include in contracts relating to the

Columbia Basin project such provisions as he deems proper for

carrying out the provisions of this Act; and in connection with

sales or exchanges under the Act, he is authorized to effect

conveyances without regard to the law governing the patenting of

public lands. Wherever in this Act functions, powers, or duties

are conferred upon the Secretary, said functions, powers, or duties

may be performed, exercised, or discharged by his duly authorized

representatives.

-SOURCE-

(May 27, 1937, ch. 269, Sec. 8, as added Mar. 10, 1943, ch. 14, 57

Stat. 20; amended Pub. L. 87-728, Sec. 6(c), Oct. 1, 1962, 76 Stat.

679.)

-REFTEXT-

REFERENCES IN TEXT

This Act and the Act, referred to in text, are references to act

May 27, 1937, ch. 269, as amended generally by act Mar. 10, 1943,

ch. 14, 57 Stat. 14, known as The Columbia Basin Project Act, which

enacted this section, sections 835, 835a to 835c-3, and 835c-5 of

this title, and provisions set out as a note under section 835 of

this title. For complete classification of this Act to the Code,

see Short Title note set out under section 835 of this title and

Tables.

-MISC2-

AMENDMENTS

1962 - Pub. L. 87-728 substituted ''contracts relating to the

Columbia Basin project'' for ''the contracts hereinbefore provided

for''.

-TRANS-

TRANSFER OF FUNCTIONS

Power marketing functions of Bureau of Reclamation, including

construction, operation, and maintenance of transmission lines and

attendant facilities, transferred to Secretary of Energy by section

7152(a)(1)(E), (3) of Title 42, The Public Health and Welfare, and

are to be exercised by Secretary through a separate Administration

within Department of Energy.

For transfer of functions of other officers, employees, and

agencies of Department of the Interior, with certain exceptions, to

Secretary of the Interior, with power to delegate, see Reorg. Plan

No. 3 of 1950, Sec. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64

Stat. 1262, set out in the Appendix to Title 5, Government

Organization and Employees.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 835c-1 of this title.

-CITE-

16 USC Sec. 835c-5 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 12D - COLUMBIA BASIN PROJECT

-HEAD-

Sec. 835c-5. Repealed. Pub. L. 87-728, Sec. 3, Oct. 1, 1962, 76

Stat. 678

-MISC1-

Section, act May 27, 1937, ch. 269, Sec. 9, as added Mar. 10,

1943, ch. 14, 57 Stat. 20, related to the consent of the Government

to the sale of school and public lands of the State of Washington.

-CITE-

16 USC Sec. 835d 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 12D - COLUMBIA BASIN PROJECT

-HEAD-

Sec. 835d. Acquisition of Indian lands, Spokane and Colville

Reservations

-STATUTE-

In aid of the construction, operation and maintenance of the

Columbia Basin project (formerly the Grand Coulee Dam project),

authorized by the Act of August 30, 1935 (49 Stat. 1028), the Act

of August 4, 1939 (53 Stat. 1187), and the Columbia Basin Project

Act (Public, Numbered 8, Seventy-eighth Congress, first session, 57

Stat. 14), there is hereby granted to the United States, subject to

the provisions of this section and sections 835e to 835h of this

title, (a) all the right, title, and interest of the Indians in and

to the tribal and allotted lands within the Spokane and Colville

Reservations, including sites of agency and school buildings and

related structures and unsold lands in the Klaxta town site, as may

be designated therefor by the Secretary of the Interior from time

to time: Provided, That no lands shall be taken for reservoir

purposes above the elevation of one thousand three hundred and ten

feet above sea level as shown by Bureau of Land Management surveys,

except in Klaxta town site and except where in the judgment of the

Secretary of the Interior, special circumstances concerning the

reservoir or its operation and maintenance require the taking of

land above that elevation; and (b) such other interests in or to

any such lands and property within these reservations as may be

required and as may be designated by the Secretary of the Interior

from time to time for the construction of pipe lines, highways,

railroads, telegraph, telephone, and electric-transmission lines in

connection with the project, or for the relocation or

reconstruction of such facilities made necessary by the

construction of the project.

The Secretary of the Interior, in lieu of reserving rights of

hunting, fishing, and boating to the Indians in the areas granted

under this section and sections 835e to 835h of this title, shall

set aside approximately one-quarter of the entire reservoir area

for the paramount use of the Indians of the Spokane and Colville

Reservations for hunting, fishing, and boating purposes, which

rights shall be subject only to such reasonable regulations as the

Secretary may prescribe for the protection and conservation of fish

and wildlife: Provided, That the exercise of the Indians' rights

shall not interfere with project operations. The Secretary shall

also, where necessary, grant to the Indians reasonable rights of

access to such area or areas across any project lands.

-SOURCE-

(June 29, 1940, ch. 460, Sec. 1, 54 Stat. 703; Dec. 16, 1944, ch.

602, 58 Stat. 813; 1946 Reorg. Plan No. 3, Sec. 403, eff. July 16,

1946, 11 F.R. 7876, 60 Stat. 1100.)

-REFTEXT-

REFERENCES IN TEXT

Act of August 30, 1935 (49 Stat. 1028), referred to in text, is

act Aug. 30, 1935, ch. 831, 49 Stat. 1028, as amended, which act,

by section 2, authorized the construction of the Grand Coulee Dam.

Act of August 4, 1939, referred to in text, is act Aug. 4, 1939,

ch. 418, 53 Stat. 1187, as amended, popularly known as the

''Reclamation Project Act of 1939'', which is classified to

sections 375a, 387 to 389, 485 to 485h, and 485i to 485k of Title

43, Public Lands. For complete classification of this Act to the

Code, see section 485k of Title 43 and Tables.

The Columbia Basin Project Act, referred to in text, is act May

27, 1937, ch. 269, as amended generally by act Mar. 10, 1943, ch.

14, 57 Stat. 14, which enacted sections 835 and 835a to 835c-5 of

this title and provisions set out as a note under section 835 of

this title. For complete classification of this Act to the Code,

see Short Title note set out under section 835 of this title and

Tables.

-MISC2-

AMENDMENTS

1944 - Act Dec. 16, 1944, among other changes, inserted reference

to the Act of August 4, 1939, and the Columbia Basin Project Act in

first par.

-TRANS-

TRANSFER OF FUNCTIONS

Functions of General Land Office transferred to Bureau of Land

Management by Reorg. Plan No. 3 of 1946. See note set out under

section 1 of Title 43, Public Lands.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 835e, 835f, 835g, 835h of

this title.

-CITE-

16 USC Sec. 835e 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 12D - COLUMBIA BASIN PROJECT

-HEAD-

Sec. 835e. Payment for lands acquired from Spokane and Colville

Reservations

-STATUTE-

As lands or interests in lands are designated from time to time

under sections 835d to 835h of this title, the Secretary of the

Interior shall determine the amount of money to be paid to the

Indians as just and equitable compensation therefor. As to the

tribal lands, the amounts so determined shall be transferred in the

Treasury of the United States from the funds now or hereafter made

available for the construction of the Columbia Basin project to the

credit of the appropriate tribe pursuant to the provisions of

section 155 of title 25. The amounts due individual landowners or

their heirs or devisees shall be paid from funds now or hereafter

made available for the construction of said project to the

superintendent of the Colville Indian Agency or such other officer

as shall be designated by the Secretary of the Interior for credit

on the books of said agency to the accounts of the individuals

concerned.

-SOURCE-

(June 29, 1940, ch. 460, Sec. 2, 54 Stat. 703; May 27, 1937, ch.

269, Sec. 1, 50 Stat. 208; Mar. 10, 1943, ch. 14, 57 Stat. 14.)

-CHANGE-

CHANGE OF NAME

Act May 27, 1937, as amended by act Mar. 10, 1943, changed name

of project from ''Grand Coulee Dam'' to ''Columbia Basin''.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions of other officers, employees, and

agencies of Department of the Interior, with certain exceptions, to

Secretary of the Interior, with power to delegate, see Reorg. Plan

No. 3 of 1950, Sec. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64

Stat. 1262, set out in the Appendix to Title 5, Government

Organization and Employees.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 835d, 835f, 835g, 835h of

this title.

-CITE-

16 USC Sec. 835f 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 12D - COLUMBIA BASIN PROJECT

-HEAD-

Sec. 835f. Use of funds deposited to allottees; land and

improvements

-STATUTE-

Funds deposited to the credit of allottees, their heirs or

devisees may be used in the discretion of the Secretary of the

Interior, for the acquisition of other lands and improvements, or

the relocation of existing improvements or construction of new

improvements on the lands so acquired for the allottees or heirs

whose lands and improvements are acquired under the provisions of

sections 835d to 835h of this title. Lands so acquired shall be

held in the same status as those from which the funds were derived,

and shall be nontaxable until otherwise provided by Congress.

-SOURCE-

(June 29, 1940, ch. 460, Sec. 3, 54 Stat. 703.)

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions of other officers, employees, and

agencies of Department of the Interior, with certain exceptions, to

Secretary of the Interior, with power to delegate, see Reorg. Plan

No. 3 of 1950, Sec. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64

Stat. 1262, set out in the Appendix to Title 5, Government

Organization and Employees.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 835d, 835e, 835g, 835h of

this title.

-CITE-

16 USC Sec. 835g 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 12D - COLUMBIA BASIN PROJECT

-HEAD-

Sec. 835g. Relocation of Indian cemeteries

-STATUTE-

As to any Indian cemetery lands required for the project, the

Secretary of the Interior is authorized, in his discretion, in lieu

of requiring payment therefor, to establish cemeteries on other

lands that he may select and acquire for the purpose, and to remove

bodies, markers, and other appurtenances to the new sites. All

costs incurred in connection with any such relocation shall be paid

from moneys appropriated for the project. All right, title, and

interest of the Indians in the lands within any cemetery so

relocated shall terminate and the grant of title under sections

835d to 835h of this title take effect as of the date the Secretary

of the Interior authorizes the relocation. Sites of the relocated

cemeteries shall be held in trust by the United States for the

Spokane or Colville Tribe, as the case may be, and shall be

nontaxable.

-SOURCE-

(June 29, 1940, ch. 460, Sec. 4, 54 Stat. 703.)

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions of other officers, employees, and

agencies of Department of the Interior, with certain exceptions, to

Secretary of the Interior, with power to delegate, see Reorg. Plan

No. 3 of 1950, Sec. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64

Stat. 1262, set out in the Appendix to Title 5, Government

Organization and Employees.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 835d, 835e, 835f, 835h of

this title.

-CITE-

16 USC Sec. 835h 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 12D - COLUMBIA BASIN PROJECT

-HEAD-

Sec. 835h. Acts and regulations by Secretary of the Interior

-STATUTE-

The Secretary of the Interior is authorized to perform any and

all acts and to prescribe such regulations as he may deem

appropriate to carry out the provisions of sections 835d to 835g of

this title.

-SOURCE-

(June 29, 1940, ch. 460, Sec. 5, 54 Stat. 704.)

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions of other officers, employees, and

agencies of Department of the Interior, with certain exceptions, to

Secretary of the Interior, with power to delegate, see Reorg. Plan

No. 3 of 1950, Sec. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64

Stat. 1262, set out in the Appendix to Title 5, Government

Organization and Employees.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 835d, 835e, 835f, 835g of

this title.

-CITE-

16 USC Sec. 835i 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 12D - COLUMBIA BASIN PROJECT

-HEAD-

Sec. 835i. Contracts with State of Washington for maintenance and

operation of fish hatcheries

-STATUTE-

In connection with fish hatcheries built or to be built as a part

of the fish-protection program required on the Columbia Basin Dam

project, the Secretary of the Interior is authorized to contract

with the State of Washington for the maintenance and operation of

any of them at the expense of said State.

-SOURCE-

(Oct. 9, 1940, ch. 794, 54 Stat. 1085; May 27, 1937, ch. 269, Sec.

1, 50 Stat. 208; Mar. 10, 1943, ch. 14, 57 Stat. 14.)

-CHANGE-

CHANGE OF NAME

Act May 27, 1937, as amended by act Mar. 10, 1943, changed name

of project from ''Grand Coulee Dam'' to ''Columbia Basin''.

-CITE-

16 USC Sec. 835j 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 12D - COLUMBIA BASIN PROJECT

-HEAD-

Sec. 835j. Projects marketing commercial power and energy;

consolidated financial statement to President and Congress;

adjustment of rates to assure return of reimbursable

construction costs within prescribed period

-STATUTE-

The Secretary of the Interior shall prepare, maintain, and

present annually to the President and the Congress a consolidated

financial statement for all projects heretofore or hereafter

authorized, including the third powerplant at Grand Coulee Dam,

from or by means of which commercial power and energy is marketed

through the facilities of the Federal Columbia River power system

and for all other projects associated therewith to the extent that

the costs of these projects are required by law to be charged to

and returned from net revenues derived from the power and energy,

or any power and energy, so marketed, and he shall, if said

consolidated statement indicates that the reimbursable construction

costs of the projects, or any of the projects, covered thereby

which are chargeable to and returnable from the commercial power

and energy so marketed are likely not to be returned within the

period prescribed by law, take prompt action to adjust the rates

charged for such power and energy to the extent necessary to assure

such return.

-SOURCE-

(Pub. L. 89-448, Sec. 2(a), formerly Sec. 2, June 14, 1966, 80

Stat. 200, renumbered Pub. L. 89-561, Sec. 6(1), Sept. 7, 1966, 80

Stat. 714.)

-COD-

CODIFICATION

Section is comprised of first sentence of first par. of section

2(a) of Pub. L. 89-448, as so designated by Pub. L. 89-561. Second

sentence of the first par. repealed section 832h(c) of this title;

second par. of such section 2(a) is classified to section 835k of

this title; subsecs. (b) and (c) of section 2 are classified to

sections 835l and 835m of this title, respectively.

-MISC3-

TERMINATION OF REPORTING REQUIREMENTS

For termination, effective May 15, 2000, of provisions of this

section requiring annual presentation to Congress of a consolidated

financial statement, see section 3003 of Pub. L. 104-66, as

amended, set out as a note under section 1113 of Title 31, Money

and Finance, and the 11th item on page 86 of House Document No.

103-7.

-TRANS-

TRANSFER OF FUNCTIONS

Power marketing functions of Bureau of Reclamation, including

construction, operation, and maintenance of transmission lines and

attendant facilities, transferred to Secretary of Energy by section

7152(a)(1)(E), (3) of Title 42, The Public Health and Welfare, and

are to be exercised by Secretary through a separate Administration

within Department of Energy.

-EXEC-

EX. ORD. NO. 8526. COORDINATING THE ELECTRICAL FACILITIES OF GRAND

COULEE DAM PROJECT AND BONNEVILLE PROJECT

Ex. Ord. No. 8526, Aug. 26, 1940, 5 F.R. 3390, as amended by Ex.

Ord. No. 12038, Sec. 3(a), Feb. 3, 1978, 43 F.R. 4957, provided:

WHEREAS the Bureau of Reclamation is constructing the Grand

Coulee Dam Project (now Columbia Basin Project) pursuant to

authority delegated under section 2 of the act of August 30, 1935,

49 Stat. 1028, 1039, and in connection therewith will operate and

maintain facilities for the generation of electrical power and

energy; and

WHEREAS the Bonneville Power Administrator is now disposing of

power and energy generated at the Bonneville Project; and

WHEREAS integration and coordination of the electrical facilities

of the two projects will be facilitated by a mutual exchange of the

electrical power and energy generated at the Bonneville Project and

the Grand Coulee Dam Project and by marketing the power and energy

from both projects through a single agency:

NOW, THEREFORE, by virtue of the authority vested in me as

President of the United States by section 2 of the act of August

30, 1935, supra, and supplementing my letter of January 29, 1936,

to the Secretary of the Interior, it is hereby ordered as follows:

1. The Bonneville Power Administrator is hereby designated, under

the supervision and direction of the Secretary of Energy, as agent

for the sale and distribution of electrical power and energy

generated at the Grand Coulee Dam Project and not required for

operation of that Project, including its irrigation features.

2. The Administrator shall construct, operate, and maintain the

transmission lines and substations and appurtenant structures and

facilities necessary for marketing the power and energy delivered

to him from the Grand Coulee Dam Project; except that the Bureau of

Reclamation may construct, operate, or maintain such transmission

facilities as the Secretary of the Interior, in his discretion,

deems necessary or desirable. The Bureau of Reclamation and the

Administrator, with the approval of the Secretary of the Interior,

shall agree upon and schedule the installation of additional

generators at the Grand Coulee Dam Project.

3. The Bureau of Reclamation, with the approval of the Secretary

of the Interior, shall provide the Administrator with a basic

schedule of the power and energy to be available to him from the

Grand Coulee Dam Project. The Bureau, with the Secretary's

approval, may revise the schedule from time to time, except that no

revision decreasing the amount of power and energy available under

an existing schedule shall be effective unless agreed to by the

Administrator. The Bureau will make power and energy from the Grand

Coulee Dam Project available to the Administrator in accordance

with these schedules.

4. The Administrator shall market the power and energy delivered

to him from the Grand Coulee Dam Project at rates to be fixed by

the Secretary of Energy consistently with all applicable provisions

of law and allocations of cost determined as provided thereunder.

From time to time the Secretary of Energy, consistently with all

applicable provisions of law and allocations of cost made pursuant

thereto, shall determine the basis on which the Administrator and

the Bureau shall compute the returns to be made to the Bureau for

power and energy delivered to the Administrator from the Grand

Coulee Dam Project pursuant to this order. All receipts collected

by the Administrator from transmission and sale of power and energy

shall be deposited with the Treasurer of the United States for

credit to a special account, subject to allocation by the Secretary

of Energy in accordance with the computations above provided for.

Upon certification by the Secretary of Energy, the amounts of

receipts properly allocable to the Bonneville Project shall be

covered into the Treasury of the United States to the credit of

miscellaneous receipts subject to the provisions of section 2 of

the act of August 20, 1937, 50 Stat. 731, 732 (16 U.S.C. 832a). The

amounts certified by the Secretary of Energy as being allocable to

the Grand Coulee Dam Project shall be covered into the Treasury for

credit to the Reclamation Fund to the extent authorized by law.

5. In aid of this delegation of authority to the Secretary of the

Interior and the Secretary of Energy, the Commissioner of the

Bureau of Reclamation and the Bonneville Power Administrator shall,

subject to the approval of the Secretary of the Interior and the

Secretary of Energy, and the terms of this order, enter into any

and all agreements that are necessary for the interconnection of

the Bonneville Project and the Grand Coulee Dam Project and to

carry out the provisions of this order.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 835l of this title; title

43 sections 615rrr, 616nnnn, 616uuuu.

-CITE-

16 USC Sec. 835k 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 12D - COLUMBIA BASIN PROJECT

-HEAD-

Sec. 835k. Return of construction costs from marketing revenues in

event of inability of irrigation water users to repay within

repayment period and lack of other sources of revenue

-STATUTE-

Subject to the provisions of section 835l of this title, that

portion of the construction cost of any project hereafter

authorized to be constructed, operated, and maintained by the

Secretary of the Interior under the Federal reclamation laws (Act

of June 17, 1902, 32 Stat. 388, and Acts amendatory thereof or

supplementary thereto) within the Pacific Northwest which, though

allocated to irrigation, is beyond the ability of the irrigation

water users to repay within the repayment period prescribed by law

for that project and cannot be returned within the same period from

other project sources of revenue shall be charged to and returned

within that period from net revenues derived from the marketing of

commercial power and energy through the Federal Columbia River

power system, unless otherwise provided by law. As used in this

section, the term ''Pacific Northwest'' has the meaning ascribed to

it in section 837 of this title.

-SOURCE-

(Pub. L. 89-448, Sec. 2(a), formerly Sec. 2, June 14, 1966, 80

Stat. 200, renumbered and amended Pub. L. 89-561, Sec. 6(1), (2),

Sept. 7, 1966, 80 Stat. 714.)

-REFTEXT-

REFERENCES IN TEXT

The Federal reclamation laws, referred to in text, are classified

generally to chapter 12 (Sec. 371 et seq.) of Title 43, Public

Lands.

Act of June 17, 1902, referred to in text, is act June 17, 1902,

ch. 1093, 32 Stat. 388, as amended, known as the Reclamation Act,

which is classified generally to chapter 12 (Sec. 371 et seq.) of

Title 43, Public Lands. For complete classification of this Act to

the Code, see Short Title note set out under section 371 of Title

43 and Tables.

-COD-

CODIFICATION

Section is comprised of second par. of section 2(a) of Pub. L.

89-448, as so designated by Pub. L. 89-561. First sentence of first

par. of such section 2(a) is classified to section 835j of this

title; second sentence of such first par. repealed section 832h(c)

of this title; subsecs. (b) and (c) of section 2 are classified to

sections 835l and 835m of this title, respectively.

-MISC3-

AMENDMENTS

1966 - Pub. L. 89-561, Sec. 6(2), substituted ''Subject to the

provisions of section 835l of this title, that'' for ''That''.

-TRANS-

TRANSFER OF FUNCTIONS

Power marketing functions of Bureau of Reclamation, including

construction, operation, and maintenance of transmission lines and

attendant facilities, transferred to Secretary of Energy by section

7152(a)(1)(E), (3) of Title 42, The Public Health and Welfare, and

are to be exercised by Secretary through a separate Administration

within Department of Energy.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 835l of this title; title

43 sections 615rrr, 616nnnn, 616uuuu.

-CITE-

16 USC Sec. 835l 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 12D - COLUMBIA BASIN PROJECT

-HEAD-

Sec. 835l. Congressional declaration of financial policy;

limitations on assistance; analyses and studies; ''net

revenues'' defined

-STATUTE-

It is declared to be the policy of the Congress that reclamation

projects hereafter authorized in the Pacific Northwest to receive

financial assistance from the Federal Columbia River power system

shall receive such assistance only from the net revenues of that

system as provided in this section, and that their construction

shall be so scheduled that such assistance, together with similar

assistance for previously authorized reclamation projects

(including projects not now receiving such assistance for which the

Congress may hereafter authorize financial assistance) will not

cause increases in the rates and charges of the Bonneville Power

Administration. It is further declared to be the policy of the

Congress that the total assistance to all irrigation projects, both

existing and future, in the Pacific Northwest shall not average

more than $30,000,000 annually in any period of twenty consecutive

years. Any analyses and studies authorized by the Congress for

reclamation projects in the Pacific Northwest shall be prepared in

accordance with the provisions of sections 835j to 835m of this

title. As used in sections 835j to 835m of this title, the term

''net revenues'' means revenues as determined from time to time

which are not required for the repayment of (1) all costs allocated

to power at projects in the Pacific Northwest then existing or

authorized, including the cost of acquiring power by purchase or

exchange, and (2) presently authorized assistance from power to

irrigation at projects in the Pacific Northwest existing and

authorized prior to September 7, 1966.

-SOURCE-

(Pub. L. 89-448, Sec. 2(b), as added Pub. L. 89-561, Sec. 6(3),

Sept. 7, 1966, 80 Stat. 714.)

-COD-

CODIFICATION

Section is comprised of subsec. (b) of section 2 of Pub. L.

89-448, as added by Pub. L. 89-561. Subsecs. (a) and (c) of section

2 are classified to sections 835j and 835k, and 835m of this title,

respectively.

-TRANS-

TRANSFER OF FUNCTIONS

Functions of Secretary of the Interior with respect to Bonneville

Power Administration transferred to Secretary of Energy by section

7152(a)(1)(D), (2) of Title 42, The Public Health and Welfare, with

Bonneville Power Administration to be preserved as a distinct

organizational entity within Department of Energy and headed by an

Administrator.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 835k of this title; title

43 sections 615rrr, 616nnnn, 616uuuu.

-CITE-

16 USC Sec. 835m 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 12D - COLUMBIA BASIN PROJECT

-HEAD-

Sec. 835m. Recommendations for changes in limitations on financial

assistance; time and frequency of submission

-STATUTE-

On December 20, 1974, and thereafter at intervals coinciding with

anniversary dates of Federal Energy Regulatory Commission general

review of the rates and charges of the Bonneville Power

Administration, the Secretary of the Interior shall recommend to

the Congress any changes in the dollar limitations herein placed

upon financial assistance to Pacific Northwest reclamation projects

that he believes justified by changes in the cost-price levels

existing on July 1, 1966, or by other relevant changes of

circumstances.

-SOURCE-

(Pub. L. 89-448, Sec. 2(c), as added Pub. L. 89-561, Sec. 6(3),

Sept. 7, 1966, 80 Stat. 715; amended Pub. L. 95-91, title IV, Sec.

402(a)(1)(B), Aug. 4, 1977, 91 Stat. 583.)

-COD-

CODIFICATION

Section is comprised of subsec. (c) of section 2 of Pub. L.

89-448, as added by Pub. L. 89-561. Subsecs. (a) and (b) of section

2 are classified to sections 835j and 835k, and 835l of this title,

respectively.

-TRANS-

TRANSFER OF FUNCTIONS

''Federal Energy Regulatory Commission'' substituted in text for

''Federal Power Commission'' pursuant to Pub. L. 95-91, Sec.

402(a)(1)(B), which is classified to section 7172(a)(1)(B) of Title

42, The Public Health and Welfare.

Federal Power Commission terminated and its functions, personnel,

property, funds, etc., transferred to Secretary of Energy (except

for certain functions transferred to Federal Energy Regulatory

Commission) by sections 7151(b), 7171(a), 7172(a), 7291, and 7293

of Title 42.

Functions of Secretary of the Interior with respect to Bonneville

Power Administration transferred to Secretary of Energy by section

7152(a)(1)(D), (2) of Title 42, with Bonneville Power

Administration to be preserved as a distinct organizational entity

within Department of Energy and headed by an Administrator.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 835l of this title; title

43 sections 615rrr, 616nnnn, 616uuuu.

-CITE-




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