or affect the regimen or flow of the boundary sections of the Rio Grande or Colorado River, as determined by the Secretary of State after consultation with the Secretary of the Interior and, in the event they shall not be in accord as to such determination, with the approval of the President.

The provisions of this subdivision of this memorandum shall not be construed to affect:

(1) the allocation of works as to jurisdiction or function, or both, made elsewhere in this memorandum,

(2) the regulatory jurisdiction of the Commission or the United States Section arising under prior existing treaties and Acts of Congress.

(c) Nothing in this memorandum shall be construed as affecting, limiting, or modifying the functions and activities of the United States Geological Survey, or of the United States Section, respectively, with respect to stream gaging and other water resources investigations.

2. The United States Section shall consult with the Bureau with respect to the plans contemplated by subsection (2) of Article 16 of the treaty relating to the Tijuana River.

3. The Department of State and the Department of the Interior, and their respective agencies, the United States Section and the Bureau, in the exercise of their respective jurisdictions and performance of their respective functions, will cooperate with each other, among other things, as to effecting, to the extent permissible by law, assignment of personnel, transfer of funds and exchange of information to the end that there may be fulfilled the provisions of the treaty, as supplemented by the protocol, and the Reclamation Law and all other Acts of Congress pertaining to the functions of the Department of the Interior as to the investigation, conservation and utilization of the natural resources of the United States. The Secretary of State and the Secretary of the Interior will cooperate in making studies, reports and recommendations, including those pertaining to the obtaining of such legislative authorization as may be necessary, concerning the allocation of costs of construction and operation and maintenance of existing or future works, and of water investigations, within the United States which have been heretofore, or may be in the future, constructed or performed in whole or in part under authority vested in the Secretary of the Interior and which may be utilized in whole or in part in the fulfillment of the treaty.

4. Unless and until otherwise provided in accordance with the domestic law of the United States, in conformance with the treaty and the protocol, the Bureau shall exercise or continue to exercise jurisdiction, and shall perform functions and construction, where new construction may be involved, and operation and maintenance, within the principles stated herein, as to facilities and works as follows:

(a) Rio Grande

(1) All facilities and works within the United States constituting the Valley Gravity Canal and Storage project as provided for in the Act of June 28, 1941 (55

Stat. 303, 338) except those portions of the Project designated by the Secretary of State, under the authority of that Act, as being international in character: Provided, however, that whenever the construction, operation or maintenance of any feature of such works or facilities may involve the use of, affect or interfere with the construction, operation or maintenance of any feature of the Lower Rio Grande Flood Control project under the jurisdiction of the United States Section, the plans and specifications and principles of operation as to such feature of the said Valley Gravity Canal and Storage project shall be formulated by the Bureau subject to the approval of the United States Section.

(b) Colorado River

(1) All facilities and works above and including Laguna Dam, and all works constituting a part of the Yuma and Gila Federal Reclamation projects of the Department of the Interior.

(2) All-American Canal.

(3) Pilot Knob check and wasteway and, to whatever extent provision may be made for the generation of electric energy at Pilot Knob by the United States, the Pilot Knob power plant and appurtenances.

(4) The design of the protective works within the United States contemplated by the provisions of Article 12 (a) of the treaty as a result of the construction of the Mexican diversion structure in the Colorado River shall be subject to the approval of the Bureau, with the understanding that the part of such works to be built in the United States may be built and operated and maintained by the Bureau, at its option, subject to supervisory control by the United States Section.

(5) The flood control works contemplated by Article 13 of the Treaty above Laguna Dam and, to the extent that may hereafter be agreed upon between the United States Section and the Bureau by a memorandum supplementary hereto, the flood control works allocated to the United States between Laguna Dam and the boundary: Provided, however, that nothing herein shall impair or modify the jurisdiction and functions of the Bureau under the Act of January 21, 1927 (44 Stat. 1010), as amended, relating to the Colorado River front work and levee system.

(6) The Bureau will collect and communicate to the United States Section such data and information as may be necessary for the use of the United States Section in making the determinations and findings of fact in accordance with Article 10 and Article 15 of the treaty. Such determinations and findings shall be made by the United States Section after consultation with the Bureau.

5. Unless and until otherwise provided in accordance with domestic laws of the United States, in conformance with the treaty and the protocol, the United States Section shall exercise or continue to exercise jurisdiction, and shall perform functions and construction, where new construction may be involved, and operation and maintenance, within the principles stated herein, as to facilities and works as follows:

(a) Rio Grande

(1) In so far as the functions of the United States Section may be involved, the engineering planning, designing, construction, and operation and maintenance of the international dams and other works provided for in the treaty: Provided, however, that the United States Section shall consult with the Bureau relative to locations, plans and designs for construction, and principles of operation of the principal international storage dams, and shall consult with the National Park Service relative to

the location of any such dam which would involve construction in or the impounding of water on lands in the area of the Big Bend National Park.

(2) Power plants at the international storage dams: Provided, however, that the United States Section shall consult with the Bureau with respect to plans and designs for the construction of such plants, and principles of operation; and Provided, further, that the disposition in the United States of hydroelectric power which, pursuant to the provisions of Article 7 of the treaty, is generated at the international storage dams on the Rio Grande and is made available to the United States, shall be made in accordance with such provisions therefor as the Congress of the United States shall have provided or will provide; and the Department of State will consult with the Department of the Interior in the performance of its functions regarding future agreements, regulations and other matters provided for in Article 19 of the treaty; and Provided, further, that the Secretary of State will cooperate with the Secretary of the Interior in connection with such legislation as hereafter may be proposed in the Congress whereby the Secretary of the Interior may be authorized to dispose of such power as may so become available to the United States for disposal therein.

(b) Colorado River

(1) Functions with respect to approval of the location, design, and construction and principles of operation of the main diversion structure provided for in Article 12 (a) of the treaty if it shall be built in the limitrophe section of the river: Provided, however, that the United States Section shall consult with the Bureau as to the location, design, and principles of operation of such structure.

(2) Works constructed or acquired pursuant to Article 12 (c) of the treaty and used exclusively for delivery of water to Mexico: Provided, that the United States Section will consult with the Bureau in the development of plans and in the operation and maintenance of such works, and: Provided, further, that no agreement pursuant to Articles 11 (b) or 15-B of the Treaty which will involve the use for the purposes set out therein of any works under the jurisdiction of the Secretary of the Interior shall be made without prior arrangements having been made with him.

(3) The part of the flood control works between Imperial Dam and the Gulf of California provided for in Article 13 of the treaty, which may be assigned to the United States, except the part lying above Laguna Dam, and except as provided in subdivision (b)5 of Article 4 hereof; Provided, that the United States Section will consult with the Bureau with respect to the design and construction of the part of such works which may be built in the United States.

(4) Approval of the plans for the temporary diversion structure referred to in Article 27 of the treaty, and approval of the construction and operation thereof, subject to concurrence therein by the Bureau.

(5) Subject to the provisions of subdivision (b) (4) of Article 4 hereof, the design, construction, and maintenance and operation of the protective works within the United States contemplated by the provisions of Article 12 (a) of the treaty as a result of the construction of the Mexican diversion structure in the Colorado River.

6. Where the use of any works under the jurisdiction or control of the Bureau is required for the discharge of any treaty functions, such work or works shall be operated and maintained, in cooperation with the United States Section, in such manner that all treaty functions may be coordinated and fulfilled. Where provision is made in this memorandum of understanding for consultation regarding the planning, design, construction or operation of works,

or the discharge of other treaty functions, or functions under domestic law, it is understood that the Bureau and the United States Section will mutually cooperate in furnishing such advice and assistance, consistent with their normal operations and to the extent permissible by law, in furnishing such services. as may be requested by one of the other.

7. In order to insure compliance with the provisions of the treaty and domestic law, to the fullest extent practicable, wherever action is proposed to be taken by one of the cooperating agencies in the exercise of its jurisdiction or function pertaining to subject matter the responsibility or function of the other which may be affected thereby, an opportunity for consultation will be afforded. by the acting agency a reasonable time in advance of the taking of such action. 8. The status of the jurisdiction and functions of the United States Section. and the Bureau, respectively, shall continue, as to the Rio Grande above Fort Quitman and works thereon, as such status may exist independently of and unaffected by this memorandum.

9. This memorandum of understanding shall not become effective until it has been approved by the President of the United States and until the treaty as supplemented by the protocol becomes effective by an exchange of ratifications.

IN WITNESS WHEREOF; the Secretary of State and the Secretary of the Interior have hereunto subscribed their official signature the day and year first above written.