1492

BULLY CREEK EXTENSION, VALE PROJECT

An act to provide for the construction by the Secretary of the Interior of the Bully Creek Dam and other facilities, Vale Federal reclamation project, Oregon. (Act of September 9, 1959, Public Law 86-248, 73 Stat. 478)

[Sec. 1. Bully Creek Dam and related facilities authorized-Repayment period of 50 years provided.]-The Secretary of the Interior is authorized to construct, operate, and maintain the Bully Creek Dam, Reservoir, and related minor facilities as features of the Vale Federal reclamation project, Oregon. In so doing, he shall be governed by the Federal reclamation laws (Act of June 17, 1902, 32 Stat. 388, and Acts amendatory thereof or supplementary thereto). Said construction, however, shall not be commenced until the Vale Oregon Irrigation District shall have obligated itself to repay such portions of the Federal costs of constructing, operating, and maintaining the facilities herein authorized as the Secretary finds properly allocable to irrigation: Provided, That the period provided in subsection (d) of section 9 of the Reclamation Project Act of 1939, as amended, for repayment of the construction costs assigned to be repaid by the irrigators may be extended to fifty years. (73 Stat. 478)

Sec. 2. (a) [Basic recreation facilities to be constructed and operated by State or local agency or organization.]—The Secretary is authorized, in connection with the works herein authorized, to construct basic public recreation facilities and to arrange for the operation and maintenance of the same by an appropriate State or local agency or organization. He is also authorized to acquire approximately ten acres of land near Bully Creek Dam for recreation purposes.

(b) [Cost allocations-Non-reimbursable and non-returnable costs-Care, operation and maintenance to be transferred to Vale Oregon Irrigation District provided operation is such as to achieve benefits predicated on non-reimbursable allocations.]—In addition to those costs of constructing the works authorized in this Act which the Secretary finds to be properly allocable to flood control, recreation, and the preservation and propagation of fish and wildlife, those costs of operating and maintaining the works, or the reasonable capitalized value of the equivalent thereof, which are allocated by the Secretary to these purposes shall be nonreimbursable and nonreturnable under the reclamation laws. Before the works are transferred to the Vale Oregon Irrigation District for care, operation, and maintenance, the district shall have agreed to operate them in such fashion, satisfactory to the Secretary, as to achieve the benefits on which these allocations are predicated and to return the works to the United States for care, operation, and maintenance in the event of failure to comply with its requirements to achieve such benefits. (73 Stat. 478)

Sec. 3. [Appropriations authorization.]—There is hereby authorized to be appropriated for construction of the Bully Creek extension of the Vale Federal reclamation project the sum of $3,326,000 plus or minus such amounts, if any, as may be justified by reason of ordinary fluctuations in the costs of construction as indicated by engineering cost indexes applicable to the type of construction

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1493

involved herein. There are also authorized to be appropriated such sums as may be required for the operation and maintenance of said works. (73 Stat. 478)

Sec. 4. [Modification of the Gulf Intracoastal Waterway Channel to Port Mansfield, Texas, authorized.]-That the modification of the Gulf Intracoastal Waterway-Channel to Port Mansfield, Texas, is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers contained in Senate Document 11, of the Eighty-sixth Congress, at an estimated cost of $3,431,000. (73 Stat. 478)

Sec. 5. [Appropriations authorization for section 4.]-There are hereby authorized to be appropriated such sums as may be necessary to carry out the provisions of section 4 of this Act. (73 Stat. 478)

EXPLANATORY NOTES

Not Codified. This Act is not codified in the U.S. Code.

Authorization. The Vale reclamation project, Oregon, was found feasible by the Secretary of the Interior on October 20, 1926, and approved by the President on October 21, 1926, pursuant to section 4 of the Act of June 25, 1910 (36 Stat. 836) and subsection B of section 4 of the Act of December 5, 1924 (43 Stat. 702).

Legislative History. H.R. 968, Public Law 86-248 in the 86th Congress. Reported in House from Interior and Insular Affairs June 16, 1959; H.R. Rept. No. 533. Reported in Senate from Interior and Insular Affairs Aug. 4, 1959; S. Rept. No. 608. Passed Senate, amended, Aug. 21, 1959. House agrees to Senate amendments Aug. 27, 1959.

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1494

PUBLIC BUILDINGS ACT OF 1959

[Extracts from] An act to provide for the construction, alteration, and acquisition of public buildings of the Federal Government, and for other purposes. (Act of September, 9, 1959, Public Law 86-249, 73 Stat. 479)

[Sec. 1. Short title.]—This Act may be cited as the "Public Buildings Act of 1959". (73 Stat. 479)

Sec. 2. [G.S.A. to construct public buildings.]-No public building shall be constructed except by the Administrator, who shall construct such public building in accordance with this Act. (73 Stat. 479; 40 U.S.C. § 601)

Sec. 13. [Definitions-Reclamation projects not included.]—As used in this Act

(1) The term "public building" means any building, whether for single or multitenant occupancy, its grounds, approaches, and appurtenances, which is generally suitable for office or storage space or both for the use of one or more Federal agencies or mixed ownership corporations, and shall include: (i) Federal office buildings, (ii) post office, (iii) customhouses, (iv) courthouses, (v) appraisers stores, (vi) border inspection facilities, (vii) warehouses, (viii) record centers, (ix) relocation facilities, and (x) similar Federal facilities, and (xi) any other buildings or construction projects the inclusion of which the President may deem, from time to time hereafter, to be justified in the public interest; but shall not include any such buildings and construction projects: (A) on the public domain (including that reserved for national forests and other purposes), (B) on properties of the United States in foreign countries, (C) on Indian and native Eskimo properties held in trust by the United States, (D) on lands used in connection with Federal programs for agricultural, recreational, and conservation purposes, including research in connection therewith, (E) on or used in connection with river, harbor, flood control, reclamation or power projects, or for chemical manufacturing or development projects, or for nuclear production, research, or development projects, (F) on or used in connection with housing and residential projects, (G) on military installations (including any fort, camp, post, naval training station, airfield, proving ground, military supply depot, military school, or any similar facility of the Department of Defense), (H) on Veterans' Administration installations used for hospital or domiciliary purposes, and (I) the exclusion of which the President may deem, from time to time hereafter, to be justified in the public interest.

(2) The term "Administrator" means the Administrator of General Services. *** (73 Stat. 482; 40 U.S.C. § 612)

PUBLIC BUILDINGS ACT OF 1959 EXPLANATORY NOTES

1496

PUBLIC WORKS APPROPRIATION ACT, 1960

[Extracts from] An act making appropriations for civil functions administered by the Department of the Army, certain agencies of the Department of the Interior, and the Tennessee Valley Authority, for the fiscal year ending June 30, 1960, and for other purposes. (Act of September 10, 1959, Public Law 86-254, 73 Stat. 494)

[Loans beyond fiscal year contingent upon appropriations.]-For loans to irrigation districts and other public agencies for construction of distribution systems on authorized Federal reclamation projects, and for loans and grants to non-Federal agencies for construction of projects, as authorized by the Acts of July 4, 1955, as amended (43 U.S.C. 421a-421d), and August 6, 1956 (43 U.S.C. 422a-422k), as amended (71 Stat. 48), including expenses necessary for carrying out the program, $ *** to remain available until expended: Provided, That any contract under the Act of July 4, 1955 (69 Stat. 244), as amended, not yet executed by the Secretary, which calls for the making of loans beyond the fiscal year in which the contract is entered into shall be made only on the same conditions as those prescribed in section 12 of the Act of August 4, 1939 (53 Stat. 1187, 1197). (73 Stat. 495)

[Short title.]—This Act may be cited as the "Public Works Appropriation Act, 1960". (73 Stat. 499)

EXPLANATORY NOTES

Not codified. Extracts from this Act shown here are not codified in the U.S. Code.

Editor's Note, Provisions Repeated in Appropriation Acts. Provisions which are repeated in two or more appropriation acts appear herein only in the act in which first used.

Legislative History. H.R. 9105, Public

Law 86-254 in the 86th Congress. Reported in House from Appropriations Sept. 4, 1959; H.R. Rept. No. 1152. Passed House Sept. 8, 1959. Passed Senate Sept. 8, 1959. Vetoed Sept. 9, 1959. In House, passed over Presidential veto Sept. 10, 1959. In Senate, passed over Presidential veto Sept. 10, 1959.