Page:United States Statutes at Large Volume 81.djvu/208

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[81 STAT. 174]
PUBLIC LAW 90-000—MMMM. DD, 1968
[81 STAT. 174]

174

Fish and wildlife resources and recreation. 16 USC 460^-12 note.

Local interests.

70 Stat. 524. 43 USC 423e.

63 Stat. 1051. 7 USC 1421 note. 62 Stat. 1251. 7 USC 1301. Appropriation.

PUBLIC LAW 90-72-AUG. 27, 1967

[81 STAT.

tain, as an addition to, and an integral part of, the Central Valley project, California, the San Felipe division. The principal works of the division shall consist of the Pacheco tunnel, pumping plants, power transmission facilities, canals, pipelines, regulating reservoirs, and distribution facilities. No facilities shall be constructed for electric transmission and distribution service which the Secretary determines, on the basis of an offer of a firm fifty-year contract from a local public or private agency, can through such a contract be obtained at less cost to the Federal Government than by construction and operation of Government facilities. SEC. 2. The conservation and development of the fish and wildlife resources and the enhancement of recreation opportunities in connection with the San Felipe division shall be in accordance with the provisions of the Federal Water Project Recreation Act (79 Stat. 213). SEC. 3. The Secretary may contract with the State of California for the delivery through facilities of the State water project to the San Luis forebay reservoir of all or any part of the water of the Central Valley project assigned to the San Felipe division. SEC. 4. I n locating and designing the works and facilities authorized for construction by this Act, and in acquiring or withdrawing any lands as authorized by this Act, the Secretary shall give due consideration to reports prepared by the State of California on the California water plan, and shall consult with local interests who may be affected by the construction and operation of said works and facilities or by the acquisition or withdrawal of lands, through public hearings or in such manner as in his discretion may be found best suited to a maximum expression of the views of such local interests. SEC. 5. I n view of the special circumstances of the San Felipe division, neither the provisions of the third sentence of section 46 of the Act of May 25, 1926 (44 Stat. 636,649) nor any other similar provision of the Federal reclamation laws shall be applicable in the south and north Santa Clara subareas so long as the water utilized on project lands is acquired by pumping from the underground reservoir. SEC. 6. For a period of ten years from the date of enactment of this Act, no water from the project authorized by this Act shall be delivered to any water user for the production on newly irrigated lands of any basic agricultural commodity, as defined in the Agricultural Act of 1949, or any amendment thereof, if the total supply of such commodity for the marketing year in which the bulk of the crop would normally be marketed is in excess of the normal supply as defined in section 301(b) (10) of the Agricultural Adjustment Act of 1938^ as amended, unless the Secretary of Agriculture calls for an increase m production of such commodity in the interest of national security. SEC. 7. There are hereby authorized to be appropriated for construction of the new works involved in the San Felipe division $92,380,000 (October 1966 prices), plus or minus such amounts, if any, as may be required by reason of changes in the cost of construction work of the types involved therein as shown by engineering cost indexes and, in addition thereto, such sums as may be required to operate and maintain said division. Approved August 27, 1967.