43 U.S.C. § 600c — Nonreimbursable costs

Page 199 TITLE 43—PUBLIC LANDS § 600d atory thereof or supplemental thereto shall not apply to the Project. ‘‘SEC. 7. LIABILITY. ‘‘Except as otherwise provided by law, effective on the date of conveyance of the Project under this Act, the United States shall not be liable under any law for damages of any kind arising out of any act, omission, or occurrence relating to the conveyed property.’’ § 600c. Nonreimbursable costs (a) Construction, operation, and maintenance costs Notwithstanding any recommendations in the report mentioned in section 600b of this title to the contrary, only the costs of construction al- locable to flood control and, upon approval by the President of a suitable plan thereof, to the preservation and propagation of fish and wild- life, and operation and maintenance costs allo- cable to the same purposes, shall be non- reimbursable. (b) Conditions precedent to construction Actual construction of the project herein au- thorized shall not be commenced, and no con- struction contract awarded therefor, until (1) the Congress shall have consented to the inter- state compact between the States of New Mex- ico, Oklahoma, and Texas agreed upon by the Canadian River Compact Commission at Santa Fe, New Mexico, December 6, 1950, in conformity with Public Law 491, Eighty-first Congress, and (2) repayment of that portion of the actual cost of constructing the project which is allocated to municipal and industrial water supply and of in- terest on the unamortized balance thereof at a rate (which rate shall be certified by the Sec- retary of the Treasury) equal to the average rate paid by the United States on its long-term loans outstanding at the time the repayment contract is negotiated minus the amount of such net rev- enues as may be derived from temporary water supply contracts or from other sources prior to the close of the repayment period, shall have been assured by a contract satisfactory to the Secretary, with one central repayment contract organization, the term of which shall not exceed fifty years from the date of completion of the municipal and industrial water supply features of the project as determined by the Secretary. (c) Repayment contract The repayment contract shall provide, among other things, (1) that the holder thereof shall have a first right, to which right the rights of the holders of any other type of contract shall be subordinate, to a stated share or quantity of the project’s available water supply for use by its constituent industrial and municipal water users during the repayment period and a perma- nent right to such share or quantity thereafter subject to payment of such costs as may be in- curred by the United States in its operation and maintenance of any part of the project works; (2) that, subject to such rules and regulations as the Secretary may prescribe, the care, oper- ation, and maintenance of such portions of the pipeline and related facilities as are used solely for delivering such water to the contract holder and its constituent organizations shall, as soon as is practicable after completion of the munic- ipal and industrial water supply features of the project, pass to the contract holder or to an or- ganization which is designated by it for that purpose and which is satisfactory to the Sec- retary; and (3) that title to such portions of the pipeline and related facilities shall in like man- ner pass to the contract holder or its designee or designees upon payment to the United States of all obligations arising under sections 600b and 600c of this title or incurred in connection with the project. (Dec. 29, 1950, ch. 1183, § 2, 64 Stat. 1124.) Editorial Notes REFERENCES IN TEXT Public Law 491, Eighty-first Congress, referred to in subsec. (b), is act Apr. 29, 1950, ch. 135, 64 Stat. 93, which is set out as a note below. Statutory Notes and Related Subsidiaries CONSENT OF CONGRESS TO COMPACT Act Apr. 29, 1950, ch. 135, 64 Stat. 93, provided: ‘‘That the consent of the Congress is hereby given to the States of Oklahoma, Texas, and New Mexico to nego- tiate and enter into a compact not later than June 30, 1953, providing for an equitable apportionment among the said States of the waters of the Canadian River and its tributaries, upon the condition that one suitable person, who shall be appointed by the President of the United States, shall participate in said negotiations as the representative of the United States and shall make report to the Congress of the proceedings and of any compact entered into. Said compact shall not be bind- ing or obligatory upon any of the parties thereto unless and until the same shall have been ratified by the legis- lature of each of the States aforesaid and approved by the Congress of the United States.’’ § 600d. Sanford Reservoir recreation facilities; al- location of water, reservoir capacity, or joint project costs of Canadian River project; mu- nicipal water use priorities; agreements for operation, maintenance, or additional devel- opment of project lands or facilities; disposal of project lands or facilities; nonreimburs- able costs; cognizance of effect of fish and wildlife plan The Secretary of the Interior is authorized to investigate, plan, construct, operate and main- tain, or otherwise provide for basic public out- door recreation facilities at the Sanford Res- ervoir area, Canadian Federal reclamation project, to acquire or otherwise include within the project area such adjacent lands or interests therein as are necessary for present or future public recreation use, and to provide for the public use and enjoyment of project lands, facili- ties, and water areas in a manner coordinated with other project purposes: Provided, That this section shall not provide the Secretary with a basis for allocation to recreation of water, res- ervoir capacity, or joint project costs of the Ca- nadian River project nor affect the priority for municipal use of water stored in the Sanford Reservoir, or the priority of use for municipal purposes of the capacity of said reservoir. The Secretary is authorized to enter into agree- ments with Federal agencies or State or local public bodies for the operation, maintenance, or additional development of project lands or fa-