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Federal Reclamation and Related Laws Annotated (Preliminary)

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Federal Reclamation and Related Laws Annotated (Preliminary) FEDERAL RECLAMATION AND RELATED LAWS ANNOTATED (PRELIMINARY) UNITED STATES BUREAU OF RECLAMATION FEDERAL RECLAMATION AND RELATED LAWS ANNOTATED (PRELIMINARY) SUPPLEMENT II 1983-1998 SUPPLEMENT TO VOLUMES I-IV INDEX UNITED STATES BUREAU OF RECLAMATION John W. Keys, III, Commissioner Donald L. Walker Editor iii PREFACE The original three volumes of Federal Reclamation and Related Laws Annotated, published by the Department of the Interior in 1972, have proven to be an invaluable reference source for everyone interested in knowing the legal history of the Federal Reclamation program authorized by the Reclamation Act of 1902 and the related hydroelectric power marketing program that was transferred to the Department of Energy in 1977. In 1988, two additional volumes, Volume IV and Supplement I, brought that legal history up to date through 1982. These two volumes, Volume V and Supplement II, bring the legal history up to date through 1998. These two volumes do not include interpretative annotations concerned with solicitor opinions and court cases. For this reason, these two volumes are viewed as preliminary and, therefore, printed in paperback form, rather than hardback. These two volumes are a compilation of the Federal Reclamation laws and other statutes that directly affect the program responsibilities of the Bureau of Reclamation, power marketing agencies of the Department of Energy, and other selected statutes that relate to these programs. John W. Keys, III Commissioner, Bureau of Reclamation v FOREWORD This Supplement II to Volumes I, II, III, and IV, together with Volume V, updates Federal Reclamation and Related Laws Annotated through 1998. Supplement II contains amendments to laws included in the first four volumes. Accordingly, when reference is made in Volume V to laws contained in the earlier volumes, Supplement II should be consulted to determine whether the referenced statute has been amended during the period of 1983 through 1998. It also contains a consolidated index of all five volumes and the two Supplements. In selected instances, the entire law, as amended, is included in Supplement II to consolidate the current law in one place. Volume V contains the statutes, enacted or approved from 1983 through 1998, that directly affect the program responsibilities of the Bureau of Reclamation and the Alaska, Bonneville, Southwestern, and Western Area Power Administrations of the Department of Energy, together with other selected laws that relate to their programs. The pages in Volumes I, II, and III, are numbered sequentially, from page 1 through 2211. The pages in Volume IV begin with 2301 and continue through 3368. Volume V begins with page 3369 and continues on to the end. Supplement I references the page number and date of the amended act at the top of the page and displays its page numbers at the bottom of the page beginning with S1 and continuing through S807. Supplement II begins with page S808 and continues sequentially to the end. With respect to the other four volumes, Volume V and Supplement II are not complete works. They do not include private laws and interpretive annotations of court decisions and opinions, as the earlier volumes do. The development and inclusion of interpretive annotations covering court decisions, legal opinions, and the identification and inclusion of relevant private laws remain to be done for a subsequent edition. Also, an appendix of related laws has not been included. Whether or not to develop and include an appendix of related laws in the future depends upon comments received. With the relatively easy access to codified statutes on the World Wide Web and other sources, publishing an appendix of related laws may be redundant. Every effort has been made to make the work as complete and accurate as possible with the available resources. Suggestions for corrections and additions are invited and should be submitted to the Office of Policy, Attention: D-5000, Denver Federal Center, Bldg. 67, P.O. Box 25007, Denver, CO 80225-0007. URS GREINER WOODWARD CLYDE Contractor DONALD L. WALKER Subcontractor and Editor October 2001 vii Secretaries of the Interior, since 1902 Year Year Name Appointed Name Appointed Ethan A. Hitchcock.... 1898 Fred A. Seaton........ 1956 James R. Garfield ..... 1907 Stewart L. Udall....... 1961 Richard A. Ballinger . 1909 Walter J. Hickel....... 1969 Walter L. Fisher....... 1911 Rogers C. B. Morton . 1971 Franklin K. Lane...... 1913 Stanley K. Hathaway . 1975 John B. Payne ........ 1920 Thomas S. Kleppe..... 1975 Albert B. Fall......... 1921 Cecil B. Andrus....... 1977 Hubert Work......... 1923 James G. Watt........ 1981 Roy O. West ......... 1928 William P. Clark ...... 1983 Ray Lyman Wilbur.... 1929 Donald Paul Hodel.... 1985 Harold L. Ickes....... 1933 Manual Lujan, Jr. ..... 1989 Julius A. Krug ........ 1946 Bruce Babbit ......... 1993 Oscar L. Chapman.... 1949 Gale A. Norton....... 2001 Douglas McKay....... 1953 Solicitors, Department of the Interior, since 1902 Year Year Name Appointed Name Appointed Willis Van Devanter . 1897 Elmer F. Bennett...... 1957 Frank L. Campbell .... 1903 George W. Abbott..... 1958 George W. Woodruff . 1907 Theodore F. Stevens . 1960 Oscar Lawler......... 1909 Frank J. Barry ........ 1961 Charles W. Cobb ..... 1911 Edward Weinberg..... 1968 Preston C. West....... 1913 Mitchell Melich....... 1969 Alexander T. Vogelsang 1916 Kent Frizzell.......... 1973 Charles D. Mahaffie . 1916 H. Gregory Austin..... 1975 Edwin S. Booth....... 1921 Leo M. Krulitz........ 1977 John N. Edwards...... 1923 Clyde O. Martz....... 1980 Ernest O. Patterson.... 1926 William H. Coldiron . 1981 Edward C. Finney..... 1929 Frank K. Richardson . 1984 Nathan R. Margold.... 1933 Ralph W. Tarr........ 1985 Warner W. Gardner . 1942 Martin L. Allday...... 1989 Fowler H. Harper ..... 1943 Thomas L. Sansonetti . 1990 Mastin G. White ...... 1946 John D. Leshy........ 1993 Clarence A. Davis..... 1953 William G. Myers, III . 2001 J. Reuel Armstrong.... 1955 viii Commissioners of Reclamation, since 1902 Year Year Name Appointed Name Appointed Frederick H. Newell . 1902 Robert N. Broadbent . 1981 Arthur P. Davis....... 1914 Robert A. Olson David W. Davis....... 1923 (Acting)............ 1983 Elwood Mead ........ 1924 Clifford I. Barrett John C. Page ......... 1937 (Acting)............ 1985 Harry W. Bashore..... 1943 C. Dale Duvall........ 1985 Michael W. Straus..... 1945 Joe D. Hall (Acting).... 1989 Goodrich W. Lineweaver Dennis B. Underwood . 1989 (Acting)............ 1953 Lawrence F. Hancock Wilbur A. Dexheimer . 1953 (Acting)............ 1993 Floyd E. Dominy...... 1959 Daniel P. Beard....... 1993 Ellis L. Armstrong ..... 1969 Stephen V. Magnussen Gilbert G. Stamm ..... 1973 (Acting)............ 1995 Donald D. Anderson Eluid L. Martinez ..... 1995 (Acting)............ 1977 William J. McDonald R. Keith Higginson.... 1977 (Acting)............ 2001 Clifford I. Barrett...... 1981 John W. Keys, III ..... 2001 Secretaries of Energy, 1977-2001 Year Year Name Appointed Name Appointed James R. Schlesinger . 1977 James D. Watkins ..... 1989 Charles W. Duncan, Jr. 1979 Hazel R. O’Leary ..... 1993 James B. Edwards..... 1981 Federico F. Pena...... 1997 Donald Paul Hodel.... 1982 Bill Richardson ....... 1998 John S. Herrington .... 1985 Spencer Abraham..... 2001 General Counsels, Department of Energy, 1977-2001 Year Year Name Appointed Name Appointed Eric J. Fygi (Acting).... 1977 Eric J. Fygi (Acting).... 1989 Lynn R. Coleman..... 1978 Stephen A. Wakefield . 1989 Eric J. Fygi (Acting).... 1980 John J. Easton, Jr. ..... 1991 R. Tenney Johnson.... 1981 Eric J. Fygi (Acting).... 1992 Theodore T. Garrish . 1983 Robert Nordhaus...... 1993 Eric J. Fygi (Acting).... 1985 Eric J. Fygi (Acting).... 1997 J. Michael Farrell...... 1985 Mary Anne Sullivan . 1998 Eric J. Fygi (Acting).... 1987 Eric J. Fygi (Acting).... 2001 Francis S. Ruddy Lee Lieberman Otis . 2001 (recess appointment) . 1988 ix TABLE OF CONTENTS SUPPLEMENT II 1983-1998 SUPPLEMENT TO VOLUMES I-IV Date Act Page Volume I Feb. 25, 1920 . Mineral Leasing Act ...........................S808 June 10, 1920 . Federal Water Power Act .......................S813 Dec. 21, 1928 . Boulder Canyon Project Act .....................S839 Aug. 26, 1935 . Federal Power Act .............................S841 Aug. 30, 1935 . Parker and Grand Coulee Dams Authorized ........S851 Aug. 26, 1937 . Central Valley Project, California, and Colorado River Project, Texas .................S852 July 19, 1940 . Boulder Canyon Project Adjustment Act ...........S857 Volume II Dec. 22 1944 . Flood Control Act of 1944 ......................S861 Oct. 7, 1949 . Rehabilitation and Betterment Act ................S864 Sept. 26, 1950 . Sacramento Valley Canals ......................S866 July 31, 1953 . Interior Department Appropriations Act, 1954 ......S869 Aug. 10, 1954 . Sabine River Compact .........................S870 April 11, 1956 . Colorado River Storage Project ..................S873 Aug. 6, 1956 . Small Reclamation Projects Act ..................S875 Aug. 16, 1957 . San Angelo Project ............................S884 July 3, 1958 . Water Supply Act of 1958 .......................S885 x TABLE OF CONTENTS Date Act Page Volume III Oct. 23, 1962 . Flood Control Act of 1962 ......................S889 Sept. 3, 1964 . Land and Water Conservation Fund Act of 1965 ....S892 July 9, 1965 . Federal Water Project Recreation Act .............S921 Aug. 5, 1965 . Garrison Diversion Unit, Missouri River Basin Project.....................................S933 Volume IV Oct. 16,
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