FEDERAL POWER ACT

533

whether or not otherwise subject to the jurisdiction of the Commission, including the generation, transmission, distribution, and sale of electric energy by any agency, authority, or instrumentality of the United States, or of any State or municipality or other political subdivision of a State. It shall, so far as practicable, secure and keep current information regarding the ownership, operation, management, and control of all facilities for such generation, transmission, distribution, and sale; the capacity and output thereof and the relationship between the two; the cost of generation, transmission, and distribution; the rates, charges, and contracts in respect of the sale of electric energy and its service to residential, rural, commercial, and industrial consumers and other purchasers by private and public agencies; and the relation of any or all such facts to the development of navigation, industry, commerce, and the national defense. The Commission shall report to Congress the results of investigations made under authority of this section. (49 Stat. 859; 16 U.S.C. § 825j)

Sec. 320. This Act may be cited as the "Federal Power Act." (49 Stat. 863; 16 U.S.C. § 791a)

EXPLANATORY NOTE

Legislative History. S. 2796, Public Law 333 in the 74th Congress. S. Rept. No. 621 and S. Rept. No. 621, pt. 2. H.R. Rept. No.

1318 and H.R. Rept. No. 1318, pt. 2 H.R. Rept. No. 1903 (conference report).

534

MISCELLANEOUS AUTHORITY, INTERNATIONAL BOUNDARY

COMMISSION

An act to authorize the Secretary of State to lease to citizens of the United States any land heretofore or hereafter acquired under any Act, Executive order or treaty in connection with projects, in whole or in part constructed or administered by the Secretary of State through the International Boundary Commission, United States and Mexico, American section. (Act of August 27, 1935, ch. 763, 49 Stat. 906) [Lease and disposition of lands.]-The Secretary of State is authorized to lease any land heretofore or hereafter acquired under any Act, Executive order, or treaty in connection with projects, in whole or in part, constructed or administered by the Secretary of State through the said American Commissioner, or to dispose of such lands when no longer needed, subject to applicable regulations under the Federal Property and Administrative Services Act of 1949, as amended, by sale at public auction, after thirty days' advertisement, at a price not less than that which may be fixed by three disinterested appraisers, to be designated by the Secretary of State, or by private sale, or otherwise, at not less than such appraised value: Provided, That any of such land as shall have been donated to the United States and which is no longer needed may be reconveyed. without cost, to the grantor or his heirs: Provided further, That the lease or disposal of any land pursuant hereto may, in the discretion of the Secretary of State, be subject to reservations in favor of the United States for rights-of-way for irrigation, drainage, river work, and other purposes, and any such disposal may be conditioned upon and made subject to inclusion of such lands in any existing irrigation district in the vicinity of such lands, the proceeds of any such lease or sale to be covered into the Treasury of the United States: And provided further, That in the discretion of the Secretary of State, and subject to such conditions as he may deem appropriate, conveyances of any other of such lands not needed by the United States may be made to the State to which they lie adjacent or to any similarly situated county, city, or other governmental subdivision of such State, without cost, for use for public purposes.

[Revocable licenses.]-The Secretary of State is further authorized to issue revokable licenses for public or private use for irrigation or other structures or uses not inconsistent with the use of such lands made, or to be made, by the United States, across any lands retained by the United States, and to execute all necessary leases, title instruments, and conveyances, in order to carry out the provisions of this Act.

[Restoration of property.]-Whenever the construction of any project or works undertaken or administered by the Secretary of State through the International Boundary and Water Commission, United States and Mexico, results in the interference with or necessitates the alteration or restoration of constructed and existing irrigation or water-supply structures, sanitary or sewage disposal works, or other structures, or physical property belonging to any municipal or private corporation, company, association, or individual, the Secretary of State may cause the restoration or reconstruction of such works, structures, or physical

MISCEL. AUTHORITY, INTERNTL. BOUNDARY COMM. 535 property or the construction of others in lieu thereof or he may compensate the owners thereof to the extent of the reasonable value thereof as the same may be agreed upon by the American Commissioner with such owner.

[Damage claims.]—The Secretary of State acting through such officers as he may designate, is further authorized to consider, adjust, and pay from funds appropriated for the project, the construction of which resulted in damages, any claim for damages accruing after March 31, 1937, caused to owners of lands or other private property of any kind by reason of the operations of the United States, its officers or employees, in the survey, construction, operation, or maintenance of any project constructed or administered through the American Commissioner, International Boundary and Water Commission, United States and Mexico, if such claim for damages does not exceed $1,000 and has been filed with the American Commissioner within one year after the damage is alleged to have occurred, and when in the opinion of the American Commissioner such claim is substantiated by a report of a board appointed by the said Commissioner. (49 Stat. 906; Act of June 19, 1939, 53 Stat. 841; § 2(15), Act of October 31, 1951, 65 Stat. 707; Act of August 28, 1957, 71 Stat. 475; 22 U.S.C. § 277e)

EXPLANATORY NOTES

1957 Amendment. The Act of August 28, 1957, 71 Stat. 475, eliminated from the first paragraph the limitation that leases could be issued only to American citizens. For legislative history of the 1957 Act see H.R. 8929, Public Law 85-201 in the 85th Congress; H.R. Rept. No. 945; S. Rept. No. 862.

1951 Amendment. Section 2(15) of the Act of October 31, 1951, 65 Stat. 707, inserted the reference in the first paragraph to the Federal Property and Administrative Services Act of 1949.

1939 Amendment. The Act of June 19, 1939, 53 Stat. 841, added the last paragraph relating to damage claims. For legislative history of the 1939 Act see H.R. 3065, Public Law 134 in the 76th Congress; H.R. Rept. No. 274; S. Rept. No. 519.

International Boundary Commission. The International Boundary Commission was created pursuant to the Convention with Mexico of March 1, 1889 (effective December 24, 1890), 26 Stat. 1512. It was reconstituted the International Boundary and Water Commission, United States and Mexico, by the Treaty with Mexico of February 3, 1944 (effective November 8, 1945), 59 Stat. 1219. The 1944 Treaty appears herein in chronological order.

Cross Reference, Treaties with Mexico. A note following the Treaty of February 3, 1944, herein, briefly describes the treaties. and conventions with Mexico regarding the Rio Grande and the Colorado Rivers.

Cross Reference, Damage Claims from Construction of Falcon Dam. The Act of August 19, 1964, 78 Stat. 481, authorizes the United States Commissioner to settle claims for loss by reason of sudden floods of the Rio Grande resulting from the construction of Falcon Dam. For legislative history of the 1964 Act see H.R. 8999, Public Law 88-447 in the 88th Congress; H.R. Rept. No. 964; S. Rept. No. 1311.

Cross References, Statutory Authority of the Commission. The Act of August 19, 1935, which appears herein in chronological order, provides general authority for the work of the Commission, and the notes following the Act briefly summarize other statutory provisions relating to its program.

Editor's Note, Annotations. Annotations of opinions are not included because this statute does not relate primarily to activities of the Bureau of Reclamation.

Legislative History. H.R. 7927, Public Law 370 in the 74th Congress. H.R. Rept. No. 1622. S. Rept. No. 1417.

536

AMERICAN DIVERSION DAM, RIO GRANDE

An act authorizing construction, operation, and maintenance of Rio Grande canalization project and authorizing appropriation for that purpose (Act of August 29, 1935, ch. 805, 49 Stat. 961)

[Sec. 1. Construction of diversion dam in Rio Grande.]—Upon the completion of the engineering investigation, study, and report to the Secretary of State, as heretofore authorized by Public Resolution Numbered 4, Seventy-fourth Congress, approved February 13, 1935, the Secretary of State, acting through the American Section, International Boundary Commission, United States and Mexico, in order to facilitate compliance with the convention between the United States and Mexico concluded May 21, 1906, providing for the equitable division of the waters of the Rio Grande, and to properly regulate and control, to the fullest extent possible, the water supply for use in the two countries as provided by treaty, is authorized to construct, operate, and maintain, in substantial accordance with the engineering plan contained in said report, a diversion dam in the Rio Grande wholly in the United States, with appurtenant connections to existing irrigation systems, and to acquire by donation, condemnation, or purchase such real and personal property as may be necessary therefor. (49 Stat. 961)

EXPLANATORY NOTES

Reference in the Text. Public Resolution Numbered 4, Seventy-fourth Congress, approved February 13, 1935, referred to in the text, 49 Stat. 24, authorized an appropriation of $60,000 to defray the expenses of the American section, International Boundary Commission, United States and Mexico, in investigating the feasibility and best means

of effecting the canalization of the Rio Grande from the Caballo Reservoir site in New Mexico to the international diversion dam near El Paso, Texas.

Reference in the Text. The convention between the United States and Mexico concluded May 21, 1906, referred to in the text, appears herein in chronological order.

Sec. 2. [Appropriation of $1,000,000—Any portion may be transferred for direct expenditure to Department of Interior.]-There is authorized to be appropriated the sum of $1,000,000 for the purposes of carrying out the provisions of section 1 hereof, other than for operation and maintenance, including salaries and wages, fees for professional services; rents, travel expenses; per diem in lieu of actual subsistence; printing and binding, law books and books of reference: Provided, That the provisions of section 3709 of the Revised Statutes (U. S. C., title 41, sec. 5) shall not apply to any purchase made or service procured when the aggregate amount involved is $100 or less; purchase, exchange, maintenance, repair, and operation of motor-propelled passenger- and freightcarrying vehicles; hire with or without personal services, of work animals and animal-drawn and motor-propelled vehicles and equipment; acquisition by donation, condemnation, or purchase of real and personal property; transportation (including drayage) of personal effects of employees upon change of station; telephone, telegraphic, and air-mail communications; rubber boots for official use by employees; ice; equipment, services, supplies, and materials and other such miscellaneous expenses as the Secretary of State may deem necessary prop

AMERICAN DIVERSION DAM, RIO GRANDE

erly to carry out the provisions of the Act: Provided, That any part of any appropriation made hereunder may be transferred to, for direct expenditure, by the Department of the Interior pursuant to such arrangements therefor as may be from time to time effected between the Secretary of State and the Secretary of the Interior, or as directed by the President of the United States. (49 Stat. 961).

EXPLANATORY NOTES