Page:United States Statutes at Large Volume 53 Part 2.djvu/718

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PUBLIC LAWS-CH. 418-AUG. 4, 1939 (3) the part of the estimated cost which can properly be allo- cated to irrigation and probably be repaid by the water users; (4) the part of the estimated cost which can properly be allo- cated to power and probably be returned to the United States in net power revenues; (5) the part of the estimated cost which can properly be allo- cated to municipal water supply or other miscellaneous purposes and probably be returned to the United States. Construction, et. If the proposed construction is found by the Secretary to have engi- neering feasibility and if the repayable and returnable allocations to irrigation, power, and municipal water supply or other miscellaneous purposes found by the Secretary to be proper, together with any allocation to flood control or navigation made under subsection (b) of this section, equal the total estimated cost of construction as determined by the Secretary, then the new project, new division of a project, or supplemental works on a project, covered by his findings, shall be deemed authorized and may be undertaken by the Secretary. If all such allocations do not equal said total estimated cost, then said new project, new division, or new supplemental works may be under- taken by the Secretary only. after provision therefor has been made by Act of Congress enacted after the Secretary has submitted to the President and the Congress the report and findings involved. cont to fl ood (b) In connection with any new project, new division of a project, or supplemental works on a project there may be allocated to flood control or navigation the part of said total estimated cost which the Secretary may find to be proper. Items for any such allocations made in connection with projects which may be undertaken pursuant to subsection (a) of this section shall be included in the estimates of appropriations submitted by the Secretary for said projects, and funds for such portions of the projects shall not become available of ar except as directly appropriated or allotted to the Department of the Depsrtpment. 0 Interior. In connection with the making of such an allocation, the Secretary shall consult with the Chief of Engineers and the Secretary of War, and may perform any of the necessary investigations or studies under a cooperative agreement with the Secretary of War. In the event of such an allocation the Secretary of the Interior shall operate the project for purposes of flood control or navigation, to the extent justified by said allocation therefor. supply,etc. ter (c) The Secretary is authorized to enter into contracts to furnish provisos. water for municipal water supply or miscellaneous purposes: Pro- Repayments. vided, That any such contract either (1) shall require repayment to the United States, over a period of not to exceed forty years from the year in which water is first delivered for the use of the contract- ing party, with interest not exceeding the rate of 31/2 per centum per annum if the Secretary determines an interest charge to be proper, of an appropriate share as determined by the Secretary of that part of the construction costs allocated by him to municipal water supply or other miscellaneous purposes; or (2) shall be for such periods, not to exceed forty years, and at such rates as in the Secretary's judg- ment will produce revenues at least sufficient to cover an appropriate share of the annual operation and maintenance cost and an appro- priate share of such fixed charges as the Secretary deems proper, and shall require the payment of said rates each year in advance Power privilege of delivery of water for said year. Any sale of electric power or lease of power privileges, made by the Secretary in connection with the operation of any project or division of a project, shall be for such periods, not to exceed forty years, and at such rates as in his judgment will produce power revenues at least sufficient to cover an appropriate share of the annual operation and maintenance cost, [53 STAT.