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HISTORICAL AND ARCHEOLOGICAL DATA

times of the progress of any survey made under this Act, or of any work undertaken as a result of such survey, in order that there will be as little disruption or delay as possible in the carrying out of the functions of such agency.

(d) [Survey to be made, as far as practicable, at previously authorized dam sites also.]-A survey similar to that provided for by section (b) of this section and the work required to be performed as a result thereof shall so far as practicable also be undertaken in connection with any dam the construction of which has been heretofore authorized by any agency of the United States, or by any private person or corporation holding a license issued by any such agency.

(e) [The Secretary to consult with other agencies, organizations, etc., to determine proper disposition of relics and specimens.]—The Secretary shall consult with any interested Federal and State agencies, educational and scientific organizations, and private institutions and qualified individuals, with a view to determining the ownership of and the most appropriate repository for any relics and specimens recovered as a result of any work performed as provided for in this section. (74 Stat. 220; 16 U.S.C. § 469a)

Sec. 3. [General administrative authority.]-In the administration of this Act, the Secretary may-

(1) enter into contracts or make cooperative agreements with any Federal or State agency, any educational or scientific organization, or any institution, corporation, association, or qualified individual; and

(2) procure the temporary or intermittent services of experts or consultants or organizations thereof as provided in section 15 of the Act of August 2, 1946 (5 U.S.C. § 55a); and

(3) accept and utilize funds made available for salvage archeological purposes by any private person or corporations holding a license issued by an agency of the United States for the construction of a dam or other type of water or power control project. (74 Stat. 221; 16 U.S.C. § 469b). Sec. 4. [Appropriations authorization.]-There are hereby authorized to be appropriated such sums as may be necessary to carry out the purposes of this Act. (74 Stat. 221; 16 U.S.C. § 469c).

EXPLANATORY NOTES

Editor's Note, Annotations. Annotations of opinions are not included because none were found dealing primarily with the activities of the Bureau of Reclamation under this statute.

Reference in the Text. The Act of August 21, 1935 (16 U.S.C. §§ 461-467), referred to in section 1, authorizes the Secretary of the Interior to investigate, acquire, and manage historic and archaeologic sites, buildings, and properties.

Cross Reference, Antiquities. The Act of June 8, 1906, 34 Stat. 225, 16 U.S.C. §§ 431-33, among other things, authorizes the Secretaries of the Interior, Agriculture, and the Army to grant permits for the excavation of archaeological sites and the gathering of objects of antiquity upon lands under their respective jurisdictions, and

provides a penalty for engaging in such activities without a permit.

Cross Reference, Smithsonian Institution. The Act of August 15, 1949, 63 Stat. 606, 20 U.S.C. §§ 78-78a, authorizes the Secretary of the Smithsonian Institution to cooperate with any State, educational institution, or scientific organization for paleontological excavations in areas which will be flooded by Government dams.

Legislative History. S. 1185, Public Law 86-523 in the 86th Congress. Reported in Senate from Interior and Insular Affairs June 9, 1959; S. Rept. No. 383. Passed Senate June 12, 1959. Reported in House from Interior and Insular Affairs Mar. 15, 1960; H.R. Rept. No. 1392. Passed House, amended, Apr. 4, 1960. Senate agrees to House amendments June 9, 1960.

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NORMAN PROJECT

An act to authorize the Secretary of the Interior to construct, operate, and maintain the Norman project, Oklahoma, and for other purposes. (Act of June 27, 1960, Public Law 86-529, 74 Stat. 225)

[Sec. 1. Norman project authorized primarily for municipal, domestic, and industrial water uses and flood control-Contracts authorized with municipal and other organizations to undertake with non-Federal financing the construction of pumping plants, etc.]—The Secretary of the Interior is authorized to construct, operate, and maintain the Norman Federal reclamation project, Oklahoma, in accordance with the Federal reclamation laws (Act of June 17, 1902, and Acts amendatory thereof or supplemental thereto), except so far as those laws are inconsistent with this Act, for the principal purposes of storing, regulating, and furnishing water for municipal, domestic, and industrial use, and for controlling floods, and, as incidents to the foregoing for the additional purposes of regulating the flow of the Little River, providing for the conservation and development of fish and wildlife, and of enhancing recreational opportunities. The Norman project shall consist of the following principal work: A reservoir on Little River near Norman, Oklahoma, pumping plants, pipelines, and other conduits for furnishing water for municipal, domestic, and industrial

use.

The Secretary may enter into suitable contracts with municipal organizations, or other organizations as defined in section 2, Reclamation Project Act of 1939 (53 Stat. 1187), to undertake with non-Federal financing the construction of pumping plants, pipelines, and other conduits, or of any of such works, for furnishing water for municipal, domestic, and industrial use, and to advance to such organizations during the construction period funds to cover an appropriate share of the costs thereof attributable to furnishing water to Tinker Air Force Base. (74 Stat. 225; 43 U.S.C. § 615aa)

Sec. 2. [Cost allocations-Repayment, except for water supplied to Tinker Air Force Base-Interest rate-Permanent right to use water allocation after payment of construction cost obligation.]-In constructing, operating, and maintaining the Norman project, the Secretary shall allocate proper costs thereof in accordance with the following conditions:

(a) Allocations to flood control, recreation, and the conservation and development of fish and wildlife and water supply for Tinker Air Force Base shall be nonreturnable.

(b) Allocations to municipal water supply, including domestic, manufacturing, and industrial uses, with the exception of that for Tinker Air Force Base, shall be repayable to the United States by the water users through contracts with municipal corporations, or other organizations as defined by section 2, Reclamation Project Act of 1939 (53 Stat. 1187), under the provisions of the Federal reclamation laws, and to the extent appropriate, under the Water Supply Act of 1958. Such contracts shall be precedent to the commencement of construc

tion of any project unit affecting the individual municipalities, and shall provide for repayment of construction costs allocated to municipal water supply in not to exceed fifty years from the date water is first delivered for that purpose: Provided, That the water users' organization be responsible for the disposal and sale of all water surplus to its requirements, and that the revenues therefrom shall be used by the organization for the retirement of project debt payment, payment of interest, and payment of operation and maintenance cost. The interest rate used for purposes of computing interest during construction and interest on the unpaid balance shall be determined by the Secretary of the Treasury, as of the beginning of the fiscal year in which construction is initiated, on the basis of the computed average interest rate payable by the Treasury upon its outstanding marketable public obligations, which are neither due nor callable for redemption for fifteen years from date of issue.

(c) Upon the completion of the payment of the water users' construction cost obligation, together with the interest thereon, the water users shall have a permanent right to the use of that portion of the project allocable to municipal water supply purposes, subject, if the project is then operated by the United States, to payment of a reasonable annual charge by the Secretary of the Interior sufficient to pay all operation and maintenance charges and a fair share of the administrative costs applicable to the project. (74 Stat. 225; 43 U.S.C. § 615bb)

Sec. 3. [Excepted from requirement of irrigation use priority.]-Contracts may be entered into with the water users' organization pursuant to the provisions of this Act without regard to the last sentence of subsection (c) of section 9 of the Reclamation Project Act of 1939. (74 Stat. 226; 43 U.S.C. § 615cc) Sec. 4. [Works may be transferred for operation and maintenance to water users-Flood control and fish and wildlife cost allocations-Operating criteria with respect to flood control and fish and wildlife-Tinker Air Force Base water supply costs.]-The Secretary is authorized to transfer to the project water users the care, operation, and maintenance of the works herein authorized, and, if such transfer is made, to deduct from the obligation of the water users the reasonable capitalized equivalent of that portion of the estimated operation and maintenance cost of the undertaking which, if the United States continues to operate the project, would be allocated to flood control and fish and wildlife purposes. Prior to taking over the care, operation, and maintenance of said works, the water users' organization shall obligate itself to operate them in accordance with criteria specified by the Secretary of the Army with respect to flood control and the Secretary of the Interior with respect to fish and wildlife: Provided, That operation and maintenance and replacement cost of furnishing water supply to Tinker Air Force Base, as contemplated in the plan of development, shall be provided by an appropriate agreement between the Secretary of Defense and the water users' organization. (74 Stat. 226; 43 U.S.C. § 615dd) Sec. 5. [Construction of project may be in stages or by units-Unit repayment contracts.]-Construction of the Norman project herein authorized may be undertaken in such units or stages as in the opinion of the Secretary best

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1537

serves the project requirements and the relative needs for water of the several municipal users. Repayment contracts negotiated in connection with each unit or stage of construction shall be subject to the terms and conditions of section 2 of this Act. (74 Stat. 226; 43 U.S.C. § 615ee).

Sec. 6. [Recreational facilities authorized not inconsistent with State fish and game laws.]—The Secretary may, upon conclusion of a suitable agreement with any qualified agency of the State of Oklahoma or a political subdivision thereof for assumption of the administration, operation, and maintenance thereof at the earliest practicable date, construct or permit the construction of public park and recreational facilities on lands owned by the United States adjacent to the reservoirs of the Norman project, when such use is determined by the Secretary not to be contrary to the public interest, all under such rules and regulations as the Secretary may prescribe. No recreational use of any area to which this section applies shall be permitted which is inconsistent with the laws of the State of Oklahoma for the protection of fish and game and the protection of the public health, safety, and welfare. The Federal costs of constructing the facilities authorized by this section shall be limited to the nonreimbursable costs of the Norman project for minimum basic recreational facilities as determined by the Secretary. (74 Stat. 226; 43 U.S.C. § 615ff)

Sec. 7. [Soil survey and land classification requirements waived.]—Expenditures for the Norman Reservoir may be made without regard to the soil survey and land classification requirements of the Interior Department Appropriation Act, 1954 (43 U.S.C. 390a). (74 Stat. 226; 43 U.S.C. § 615gg)

Sec. 8. [Appropriations authorization.]-There is hereby authorized to be appropriated for construction of the works authorized by this Act not to exceed $19,042,000, plus or minus such amounts, if any, as may be justified by reason of ordinary fluctuation in construction costs as indicated by engineering cost indices applicable to the type of construction involved herein: Provided, That such basic amount shall not exceed $12,920,000 in the event the aqueduct system is not constructed by the Federal Government. There are also authorized to be appropriated such sums as may be required for the operation and maintenance of said. works. (74 Stat. 226; 43 U.S.C. § 615hh)

Sec. 9. [Interest rate provision for Colorado River Storage Project Act amended.]-Section 5(f) of the Act entitled "An Act to authorize the Secretary of the Interior to construct, operate, and maintain the Colorado River storage project and participating projects, and for other purposes", approved April 11, 1956 (70 Stat. 109), is amended effective June 1, 1960, to read as follows: "The interest rate applicable to each unit of the storage project and each participating project for purposes of computing interest during construction and interest on the unpaid balance shall be determined by the Secretary of the Treasury, as of the beginning of the fiscal year in which construction is initiated, on the basis of the computed average interest rate payable by the Treasury upon its outstanding marketable public obligations, which are neither due nor callable for redemption for fifteen years from the date of issue." (74 Stat. 227; 43 U.S.C. § 620d)

NORMAN PROJECT

EXPLANATORY NOTES