57 STAT.] 78TH CONG. , 1 8T SESS. -CH. 242 -JULY 16, 1943 section 12 (1) to meet reimbursable construction costs allocated to irrigation as defined in section 4 (b) shall not exceed $2,000,000 for dams and reservoirs in any one project, and that expenditures from appropriations made directly pursuant to the authority contained in section 12 (1) to meet costs allocated to flood control by the Secretary after consultation with the Chief of Engineers, War Department, shall not exceed $500,000 on any one project." SEC. 2 . Subparagraph (vii) of subsection 3 (a) of the Act is hereby amended to read as follows: "(vii) The part of the estimated cost which can properly be allo- cated to flood control as recommended by the Secretary after con- sultation with the Chief of Engineers, War Department." SEC. 3 . Subsection 3 (b) of the Act is hereby amended to read as follows: "(b) No actual construction of the physical features of a project shall be undertaken unless and until (1) the Secretary has found that lands, or interests in lands, deemed necessary for the construction and operation of the major features of the projects have been secured, or sufficient progress made in their procurement to indicate the proba- bility that all these lands or interests in lands can be secured, with titles and at prices satisfactory to him; and (2) the Secretary has found (i) that water rights adequate for the purposes of the project have been acquired with titles and at prices satisfactory to him, or that such water rights have been initiated and in his judgment can be perfected in conformity with State law and any applicable interstate agreements and in a manner satisfactory to him; and (ii) that such water rights can be utilized for the purposes of the project in con- formity with State law and any applicable interstate agreements and in a manner satisfactory to him." SEC. 4 . Section 3 of the Act is hereby amended by the addition of the following subsection: "(c) Any part of a project hereunder may be designated as a division of the project by the Secretary if he, after consultation with the Secretary of Agriculture, deems this desirable for orderly and efficient construction or administration. The term 'project', as used in subsection 3 (b) and section 4, shall be deemed to mean also 'division of a project', designated as provided in this subsection. Any project authorized for construction from appropriations under the head 'Water Conservation and Utility Projects' in the Interior Department Appropriation Act, 1940 (53 Stat. 685), hereinafter called the 1940 water conservation appropriation, may be designated by the Secretary, upon agreement with the Secretary of Agriculture, a project under this Act and shall thereupon be subject to all the provisions and requirements thereof, except those of subsections 3 (a) and 3 (b)." SEC. 5 . Section 4 of the Act is hereby amended by the addition of the following subsection: "(d) For each project, on which construction is commenced or continued under this subsection, appropriations heretofore or here- after made pursuant to section 12 and the unexpended balance of the 1940 water conservation appropriation, in addition to being available for other authorized objects of expenditure, shall be available for expenditure, by the agency to which available, in lieu of the 'services, labor, materials, or other property, including money' authorized to be utilized under section 2 and subsection 5 (b). All expenditures on each such project may be excluded (1) from the project construc- tion costs to the extent the Secretary finds necessary to keep the reim- bursable costs within the findings made under subsections 3 (a) (iv), 3 (a) (v), and 3 (a) (vi), and(2) from the costs that but for this subsection would be required to be returned under section 5, to the 567 54 Stat. 1125, 1121. 16U.S.C.§§590z- 10 (1), 590z-2 (b). Investigations. 54 Stat. 1120 . 16 U. S. C. §590z- I (a) (vii). Allocations to flood control. 54 Stat. 1121 . 16U.S.C.i590z- I (b). Prerequisites to con- struction. Acquisition of lands. Water rights. 54 Stat. 1121 . 16 U.. c.C 5S90-L Division of a proJ- ect. "Project." 54 Stat. 1121 . 16 U. S. C. i 590z-2. Supra; infra. Projects authorized under 1940 appropria- tion Act. 53 Stat. 719. 54 Stat. 1120; supra. 16 U. S .C.. 590z- 1(a). 54 Stat. 1121 . 16 U. S. C. i590z-2. Availability of funds for projects 54 Stat. 1125; 53 Stat. 719. 16. U 8. . i5B9I- 10. 54 Stat. 1120 , 1123. 16U.S C.§i590z, 9kz-3 (b). 54 Stat. 1120 . 16U.S.C. 9-SO -l (a) (iv)-(vi). 54 Stat. 1122. 16U.S.C.i59-. PoIt, p. 568.
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