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.
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