WILDLIFE MANAGEMENT, KLAMATH PROJECT

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Sec. 5. [Areas not to be reduced.]-The areas of sumps 1(a) and 1(b) in the Klamath project lying within the Executive order boundaries of the Tule Lake National Wildlife Refuge shall not be reduced by diking or by any other construction to less than the existing thirteen thousand acres. (78 Stat. 851; 16 U.S.C. § 6950)

Sec. 6. [Water levels to be maintained.]—In carrying out the obligations of the United States under any migratory bird treaty, the Migratory Bird Treaty Act (40 Stat. 755), as amended or the Migratory Bird Conservation Act (45 Stat. 1222), as amended, waters under the control of the Secretary of the Interior shall be regulated, subject to valid existing rights, to maintain sump levels in the Tule Lake National Wildlife Refuge at levels established by regulations issued by the Secretary pursuant to the contract between the United States and the Tulelake Irrigation District, dated September 10, 1956, or any amendment thereof. Such regulations shall accommodate to the maximum extent practicable waterfowl management needs. (78 Stat. 851; 16 U.S.C. § 695p)

EXPLANATORY NOTES

Reference in the Text. The Migratory Bird Treaty Act of July 3, 1918, 40 Stat. 755, as amended, which is referred to in the text, does not appear herein. The Act is codified in 16 U.S.C. § 703, et seq.

Reference in the Text. The Migratory

Bird Conservation Act of February 18, 1929, 45 Stat. 1222, as amended, which is referred to in the text, does not appear herein. The Act is codified in 16 U.S.C. § 715, et seq.

Sec. 7. [Clear Lake National Wildlife Refuge studies continued.]—The Secretary is hereby directed to complete studies that have been undertaken relating to the development of the water resources and waterfowl management potential of the Clear Lake National Wildlife Refuge. The results of such studies, when completed, and the recommendations of the Secretary shall be submitted to the Congress. (78 Stat. 851; 16 U.S.C. § 695q)

Sec. 8. [Regulations to implement Act.]-The Secretary may prescribe such regulations as may be necessary to carry out the provisions of this Act. (78 Stat. 851; 16 U.S.C. § 695r)

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.

Legislative History. S. 793, Public Law 88-567 in the 88th Congress. Reported in Senate from Interior and Insular Affairs June 28, 1963; S. Rept. No. 341. Passed Senate July 15, 1963. Reported in House

from Interior and Insular Affairs Dec. 19, 1963; H.R. Rept. No. 1072. Passed House, amended, Apr. 20, 1964. Senate asks for a conference Apr. 23, 1964. House agrees to a conference May 7, 1964. Conference report filed Aug. 17, 1964; H.R. Rept. No. 1820. House agrees to conference report Aug. 18, 1964. Senate agrees to conference report Aug. 19, 1964.

1774

SAVERY-POT HOOK, BOSTWICK PARK, AND FRUITLAND

MESA PROJECTS

An act to provide for the construction, operation, and maintenance of the Savery-Pot Hook, Bostwick Park, and Fruitland Mesa participating reclamation projects under the Colorado River Storage Project Act. (Act of September 2, 1964, Public Law 88-568, 78 Stat. 852)

[Sec. 1. Savery-Pot Hook, Bostwick Park, and Fruitland Mesa projects authorized.]—In order to provide for the construction, operation, and maintenance of the Savery-Pot Hook Federal reclamation project, Colorado-Wyoming, the Bostwick Park Federal reclamation project, Colorado, and the Fruitland Mesa Federal reclamation project, Colorado, as participating projects under the Colorado River Storage Project Act (70 Stat. 105; 43 U.S.C. 620), section 1 of said Act is amended by inserting the words "Savery-Pot Hook, Bostwick Park, Fruitland Mesa," between the words "Seedskadee" and "Silt"; section 2 of said Act is amended by deleting the words "Savery-Pot Hook,", "Bostwick Park,", and "Fruitland Mesa,". The amount which section 12 of said Act authorizes to be appropriated is hereby increased by the sum of $47,000,000 plus or minus such amounts, if any, as may be required by reason of changes in construction costs as indicated by engineering cost indexes applicable to the type of construction involved. This additional sum shall be available solely for the construction of the projects herein authorized. (78 Stat. 852; 43 U.S.C. §§ 616 mm, 620, 620a)

Sec. 2. [Construction and operation plans.]—The Savery-Pot Hook Federal reclamation project shall be constructed and operated substantially in accordance with the engineering plans set out in the report of the Secretary of the Interior transmitted to the Congress on June 25, 1962, and printed as House Document 461, Eighty-seventh Congress. The Bostwick Park Federal reclamation project shall be constructed and operated substantially in accordance with the engineering plans set out in the report of the Secretary of the Interior submitted to the Congress on July 20, 1962, and printed as House Document 487, Eighty-seventh Congress. The Fruitland Mesa Federal reclamation project shall be constructed and operated substantially in accordance with the engineering plans set out in the report of the Secretary of the Interior transmitted to Congress on April 19, 1963, and printed as House Document 107, Eighty-eighth Congress. Acreage equivalents expressed in those reports may be modified at the discretion of the Secretary of the Interior. (78 Stat. 852; 43 U.S.C. § 616ii)

Sec. 3. [Size of farm units.]—For the purpose of assisting in the permanent settlement of farm families, protecting project land, facilitating project development, and other beneficial purposes, the provisions of the Act of August 28, 1958 (72 Stat. 963), relating to the Seedskadee project in Wyoming, are hereby made equally applicable to the Savery-Pot Hook, Bostwick Park, and Fruitland Mesa projects and all references therein to "Wyoming", "the State of Wyoming", "the laws of the State of Wyoming", or "said State" shall also refer to the State of

SAVERY-POT HOOK, ETC. PROJECTS

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Colorado to the extent that lands of the said projects are situated therein, except that on the said projects the limitation on lands held in single ownership which may be eligible to receive project water from, through, or by means of project works shall be one hundred and sixty acres of class 1 land as defined for the Bostwick Park project or the equivalent thereof in other land classes as determined by the Secretary of the Interior. (78 Stat. 852; 43 U.S.C. § 616jj)

EXPLANATORY NOTE

Reference in the Text. The Act of August 28, 1958 (72 Stat. 963), referred to in the text, authorizes the acquisition and disposition of certain private lands and es

tablishes the size of farm units on the Seedskadee project, Wyoming. The Act appears herein in chronological order.

Sec. 4. [Recreation and fish and wildlife enhancement-Cost allocations.]— (a) Costs of the Bostwick Park, Fruitland Mesa, and Savery-Pot Hook projects, incurred pursuant to section 8 of the Act of April 11, 1956 (70 Stat. 105), including an appropriate share of the aggregate of joint costs allocated to recreation and fish and wildlife enhancement shall be nonreimbursable: Provided, That in the case of the Bostwick Park project joint costs allocated to recreation and fish and wildlife enhancement shall in the aggregate be nonreimbursable only to the extent they do not exceed 25 per centum of the cost of joint use land and facilities of that project (joint use land and facilities being defined as land or facilities serving two or more project purposes one of which is recreation or fish and wildlife enhancement) and: Provided further, That provision shall be made for the reimbursement, for the contribution by non-Federal interests, or for the reallocation of joint costs of said project allocated to recreation and fish and wildlife enhancement in excess of the foregoing limit under one or a combination of the following methods as may be determined appropriate by the Secretary: (1) provision by non-Federal interests of lands or interests therein, or facilities required for the project; (2) payment, or repayment, with interest at a rate determined in accordance with section 5(f) of the Act of April 11, 1956, as amended, pursuant to agreement with one or more non-Federal public bodies; (3) reallocation to other project functions in the same proportion as joint costs are allocated among such functions.

(b) In connection with the Bostwick Park and Fruitland Mesa projects the Secretary of the Interior shall transfer lands acquired for the projects within exterior national forest boundaries for administration as national forest, and jurisdiction of national forest lands within the projects shall remain with the Secretary of Agriculture for recreation and other national forest system purposes: Provided, That the lands and waters within the flow lines of any reservoir or otherwise needed or used for the operation of the projects for other purposes shall continue to be administered by the Secretary of the Interior to the extent he determines to be necessary for such operation.

(c) Costs of means and measures to prevent loss of and damage to fish and wildlife resources shall be considered as project costs and allocated as may be appropriate among other project functions. (78 Stat. 852; 43 U.S.C. § 616kk)

1776

SAVERY-POT HOOK, ETC. PROJECTS

EXPLANATORY NOTE

Reference in the Text. The Act of April 11, 1956, referred to in two instances in section 4 of the text, is the Colorado River Storage Project Act, which appears herein in chronological order. Section 8 of the Act,

referred to in the first instance, deals with recreation and fish and wildlife facilities. Section 5(f), referred to in the second instance, deals with the computation of the project interest rate.

Sec. 5. [Production of basic agricultural commodities restricted.]—For a period of ten years from the date of enactment of this Act, no water from the projects authorized by this Act shall be delivered to any water user for the production of newly irrigated lands of any basic agricultural commodity, as defined in the Agricultural Act of 1949, or any amendment thereof, if the total supply of such commodity for the marketing year in which the bulk of the crop would normally be marketed is in excess of the normal supply as defined in section 301(b)(10) of the Agricultural Adjustment Act of 1938, as amended, unless the Secretary of Agriculture calls for an increase in production of such commodity in the interest of national security. (78 Stat. 853; 43 U.S.C. § 616)

EXPLANATORY NOTES

References in the Text. The definition of "agricultural commodity" in the Agricultural Act of 1949, as amended, referred to in the text, is found at 63 Stat. 1056, 7 U.S.C. § 1428 (c). The definition of "normal supply" in section 301 (b) (10) of the Agricultural Adjustment Act of 1938, as amended, also referred to in the text, is found at 62 Stat. 1251, 7 U.S.C. § 1301(b)(10). Neither Act appears herein.

Legislative History. H.R. 3672, Public Law 88-568 in the 88th Congress. Reported in House from Interior and Insular Affairs July 23, 1964; H.R. Rept. No. 1571. Passed House Aug. 3, 1964. Reported in Senate from Interior and Insular Affairs, Aug. 19, 1964; S. Rept. No. 1479. Passed Senate, amended, Aug. 20, 1964. House agrees to Senate amendments Aug. 21, 1964.

1777

WILDERNESS ACT

An act to establish a National Wilderness Preservation System for the permanent good of the whole people, and for other purposes. (Act of September 3, 1964, Public Law 88-577, 78 Stat. 890)

SHORT TITLE

[Section 1.]-This Act may be cited as the "Wilderness Act”. (78 Stat. 890; 16 U.S.C. § 1131)

WILDERNESS SYSTEM ESTABLISHED STATEMENT OF POLICY

Sec. 2. (a) In order to assure that an increasing population, accompanied by expanding settlement and growing mechanization, does not occupy and modify all areas within the United States and its possessions, leaving no lands designated for preservation and protection in their natural condition, it is hereby declared to be the policy of the Congress to secure for the American people of present and future generations the benefits of an enduring resource of wilderness. For this purpose there is hereby established a National Wilderness Preservation System to be composed of federally owned areas designated by Congress as "wilderness areas", and these shall be administered for the use and enjoyment of the American people in such manner as will leave them unimpaired for future use and enjoyment as wilderness, and so as to provide for the protection of these areas, the preservation of their wilderness character, and for the gathering and dissemination of information regarding their use and enjoyment as wilderness; and no Federal lands shall be designated as "wilderness areas" except as provided for in this Act or by a subsequent Act.

(b) The inclusion of an area in the National Wilderness Preservation System notwithstanding, the area shall continue to be managed by the Department and agency having jurisdiction thereover immediately before its inclusion in the National Wilderness Preservation System unless otherwise provided by Act of Congress. No appropriation shall be available for the payment of expenses or salaries for the administration of the National Wilderness Preservation System as a separate unit nor shall any appropriations be available for additional personnel stated as being required solely for the purpose of managing or administering areas solely because they are included within the National Wilderness Preservation System.

DEFINITION OF WILDERNESS

(c) A wilderness, in contrast with those areas where man and his own works dominate the landscape, is hereby recognized as an area where the earth and its community of life are untrammeled by man, where man himself is a visitor who does not remain. An area of wilderness is further defined to mean in this Act an area of undeveloped Federal land retaining its primeval character and influence, without permanent improvements or human habitation, which is