Volume 71 · 416
Public Law 85–167
Making appropriations for civil functions administered by the Department of the Army and certain agencies of the Department of the Interior, for the fiscal year ending June 30, 1958, and for other purposes.
Approved August 26, 1957
Statutory text
AN ACT
Making appropriations for civil functions administered by the Department of the Army and certain agencies of the Department of the Interior, for the fiscal year ending June 30, 1958, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending June 30, 1958, for civil functions administered by the Department of the Army and certain agencies of the Department of the Interior, and for other purposes, namely:
TITLE I— CIVIL FUNCTIONS, DEPARTMENT OF THE ARMY
Cemeterial Expenses For necessary cemeterial expenses as authorized by law, including maintenance, operation, and improvement of national cemeteries, and purchase of headstones and markers for unmarked graves; purchase of two passenger motor vehicles for replacement only; maintenance of that portion of Congressional Cemetery to which the United States has title, Confederate burial places under the jurisdiction of the Department of the Army, the Surrender Tree site in Cuba, and graves used by the Army in commercial cemeteries; $6,815,000, of which $40,000 shall be available for additional expenses in connection with the Act of June 24, 1946 (60 Stat. 302) and the Act of August 3, 1956 (70 Stat. 1027): Provided, That this appropriation shall not be used to repair more than a single approach road to any national cemetery: Provided further, That this appropriation shall not be obligated for construction of a superintendent’s lodge or family quarters at a cost per unit in excess of $17,000, but such limitation may be increased y such additional amounts as may be required to provide office space, public comfort rooms, or space for the storage of Government property within the same structure: Provided further, That reimbursement shall be made to the applicable military appropriation for the pay and allowances of any military personnel performing services exclusively for the purposes of this appropriation.
Rivers and Harbors and Flood Control The following appropriations shall be expended under the direction of the Secretary or the Army and the supervision of the Chief of Engineers for authorized civil functions of the Department of the Army pertaining to rivers and harbors, flood control, beach erosion, and related purposes: general investigations For expenses necessary for the collection and study of basic information pertaining to river and harbor, flood control, shore protection, and related projects, and when authorized by law, preliminary examinations, surveys and studies (including cooperative beach erosion studies as authorized in Public Law Numbered 520, Seventy-first Congress, approved July 3, 1930, as amended and supplemented), of projects prior to authorization for construction, to remain available until expended, $10,779,600. construction, general For the prosecution of river and harbor, flood control, shore protection, and related projects authorized by law; detailed studies, and plans and specifications, of projects (including those for development with participation or under consideration for participation by States, local governments, or private groups) authorized or made eligible for selection by law (but such studies shall not constitute a commitment of the Government to construction); and not to exceed $1,600,000 for transfer to the Secretary of the Interior for conservation of fish and wildlife as authorized by law; to remain available until expended, $449,398,500: Provided, That funds appropriated herein may at the discretion and under the direction of the Chief of Engineers be used in payment to the accounts of the Confederated Tribes of the Yakima Reservation; the Confederated Tribes of the Warm Springs Reservation; the Confederated Tribes of the Umatilla Reservation; or other recognized Indian tribes, and those individual Indians not enrolled in any recognized tribe, but who through domicile at or in the immediate vicinity of the reservoir and through custom and usage are found to have an equitable interest in the fishery, all of whose fishing rights and interests will be impaired by the Government incident to the construction, operation, or maintenance of The Dalles Darn, Columbia River, Washington and Oregon, and must be subordinated thereto by agreement or litigation: Provided further, That no part of this appropriation shall be used for projects which are authorized by a law limiting the amount to be appropriated therefor, except as may be within the limits of the amount now or hereafter authorized to be appropriated: Provided further, That not to exceed $3,500,000 of the funds herein or hereafter provided for the Plaquemine-Morgan City alternate route, shall be available for the construction of a four-lane, high level, fixed bridge on Louisiana State Highway Numbered 1 (formerly route 168) over the extension of the Plaquemine-Morgan City route of the Gulf Intracoastal Waterway in West Baton Rouge Parish, Louisiana: Provided further, That the Secretary of the Army shall advance to the North Dakota State Water Conservation Commission out of funds herein or hereafter appropriated for the Garrison project, North Dakota, 50 per centum of the cost, but not to exceed $40,000, for the construction of works to improve the productivity and fertility of Government-owned lands within the Garrison Reservoir, North Dakota, formerly part of the Lewis and Clark Irrigation District, subject, however, to a mutual agreement hieing reached by the Chief of Engineers, the North Dakota State Water Conservation Commission, and the lessees using the land for the full repayment of the funds advanced by the Federal Government within a period of ten years: Provided further, That the contribution by local interests toward construction of the Ferrell’s Bridge Reservoir, Texas, as required by Public Law 160, Eighty-fourth Congress, may be made in two equal installments of 50 per centum each, payable on January 1, 1958, and September 1, 1958, and that title to the proportionate share of the water supply storage authorized in said reservoir shall pass to such local interests upon completion of each of the separate payments: Provided further, That none of the funds appropriated for “Construction, General”, in this Act shall be used on the project “Missouri River, Kansas City to mouth”, for any purpose other than bank stabilization work: Provided further, That not to exceed $4,000,000 of the funds provided herein shall be available for the construction of small authorized projects selected by the Secretary of the Army the cost of which is not in excess of $400,000 and any such project shall be completed within the funds herein appropriated. operation and maintenance, general For expenses necessary for the preservation, operation, maintenance, and care of existing river and harbor, flood control, and related works, including such sums as may be necessary for the maintenance of harbor channels provided by a State, municipality, or other public agency, outside of harbor lines, and serving essential needs of general commerce and navigation; financing the United States share of the cost of operation and maintenance of remedial works in the Niagara River; surveys and charting of northern and northwestern lakes and connecting waters; clearing and straightening channels; removal of obstructions to navigation; rescue work, and repair, restoration, or maintenance of flood control projects threatened or destroyed by flood; and not to exceed $1,315,000 for transfer to the Secretary of the Interior for conservation of fish and wildlife as authorized by law; to remain available until expended, $103,850,000. general expenses For expenses necessary for general administration and related functions in the Office of the Chief of Engineers and offices of the Division Engineers; activities of the Board of Engineers for Rivers and Harbors, the Beach Erosion Board, and the California Debris Commission; administration of laws pertaining to preservation of navigable waters; commercial statistics; and miscellaneous investigations; $11,350,000. flood control, mississippi river and tributaries For expenses necessary for prosecuting work of flood control, and rescue work, repair, restoration, or maintenance of flood control projects threatened or destroyed by flood, as authorized by law (33 U. S . C. 702a, 702g–1), to remain available until expended, $60,715,000. united states section, saint lawrence river joint board of engineers For necessary expenses of the United States section of the Saint Lawrence River Joint Board of Engineers, established by Executive Order 10500, dated November 4, 1953, including services as authorized by section 15 of the Act of August 2, 1946 (5 U. S. C. 55a), at rates not to exceed $100 per day for individuals: $125,000: Provided, That no part of these funds shall be obligated until agreement has been entered into, by the United States Government and the United States entity authorized to construct the power works in the International Rapids section of the Saint Lawrence River, providing for the reimbursement of the expenditures of the United States section of this Board by the construction entity. administrative provisions Appropriations in this title shall be available for expenses of attendance at meetings of organizations concerned with the work for which the appropriation is made, for uniforms, or allowances therefor, as authorized by the Act of September 1, 1954, as amended (5 U. S. C. 2131), and for printing, either during a recess or session of Congress, of survey reports authorized by law, and such survey reports as may be printed during a recess of Congress shall be printed, with illustrations, as documents of the next succeeding session of Congress; and during the current fiscal year the revolving fund, Corps of Engineers, shall be available for purchase (not to exceed one hundred and fifty for replacement only) and hire of passenger motor vehicles.
TITLE II— DEPARTMENT OF THE INTERIOR
Bureau of Reclamation For carrying out the functions of the Bureau of Reclamation as provided in the Federal reclamation laws (Act of June 17, 1902, 32 Stat. 388, and Acts amendatory thereof or supplementary thereto) and other Acts applicable to that Bureau, as follows: general investigations For engineering and economic investigations of proposed Federal reclamation projects and studies of water conservation and development plans; formulating plans and preparing designs and specifications for authorized Federal reclamation projects or parts thereof prior to initial allocation of appropriations for construction of such projects or parts; and activities preliminary to the reconstruction, rehabilitation and betterment, financial adjustment, or extension of existing projects; to remain available until expended. $5,932,000, of which $5,182,000 shall be derived from the reclamation fund and $500,000 shall be derived from the Colorado River development fund: Provided, That none of this appropriation shall be used for more than one-half of the cost of an investigation requested by a State, municipality, or other interest. For construction and rehabilitation of authorized reclamation projects or parts thereof (including power transmission facilities) and for other related activities, as authorized by law, to remain available until expended, $116,736,223, of which $55,000,000 shall be derived from the reclamation fund: Provided, That no part of this appropriation shall be available for other than the completion of field engineering, survey work, and preliminary designs or the Southwest Contra Costa County Water District System and no repayment contract shall be executed or construction begun until plans have been submitted to and approved by the Congress through its legislative and appropriation procedures, after submission of a report to the Congress by the Secretary of the Interior (1) on the cost and feasibility of said project, including the necessary distribution system and (2) on the rates required to be charged to the ultimate consumers: Provided further, That any portion of this or prior appropriations available for the construction of extensions to the distribution system of the Southern San Joaquin Municipal Utility District may be expended without regard to the land certification requirement under this heading in the Interior Department Appropriation Act, 1953 (60 Stat. 445), after the execution and approval of a contract which obligates the entire district to repay the cost of such facilities: Provided further, That not to exceed $69,000 shall be available toward emergency rehabilitation of the works of the Arnold Irrigation District as under the Act of October 7, 1949 (63 Stat. 724), as amended, to be repaid in full under conditions satisfactory to the Secretary of the Interior: Provided further, That no part of this appropriation shall be used to initiate the construction of transmission facilities within those areas covered by power wheeling service contracts which include provision for service to Federal establishments and preferred customers, except those transmission facilities for which construction funds have been heretofore appropriated, those facilities which are necessary to carry out the terms or such contracts or those facilities for which the Secretary of the Interior finds the wheeling agency is unable or unwilling to provide for the integration of Federal projects or for service to a Federal establishment or preferred customer. operation and maintenance For operation and maintenance of reclamation projects or parts thereof and of other facilities, as authorized by law; and for a soil and moisture conservation program on lands under the jurisdiction of the Bureau of Reclamation, pursuant to law, $28,000,000, of which $22,740,000 shall Lie derived from the reclamation fund and $2,044,600 shall be derived from the Colorado River dam fund, including (notwithstanding the provisions of the First Deficiency Appropriation Act, 1944, relating thereto) operation and maintenance of Palo Verde weir: Provided, That funds advanced for operation and maintenance of reclamation projects or parts thereof shall be deposited to the credit of this appropriation and may be expended for the same objects and in the same manner as sums appropriated herein may be expended, and the unexpended balances of such advances shall be credited to the appropriation for the next succeeding fiscal year. general administrative expenses For necessary expenses of general administration and related functions in the offices of the Commissioner of Reclamation and in the regional offices of the Bureau of Reclamation, $4,164,000, to be derived from the reclamation fund and to be nonreimbursable pursuant to the Act of April 19, 1945 (43 U. S. C. 377); Provided, That no part of any other appropriation in this Act shall be available for activities or functions budgeted for the current fiscal year as general administrative expenses. upper colorado river basin fund For payment to the “Upper Colorado River Basin fund”, authorized by section 5 of the Act of April 11, 1956 (Public Law 485), $25,142,000, to remain available until expended. special funds Sums herein referred to as being derived from the reclamation fund, the Colorado River dam fund, or the Colorado River development fund, are appropriated from the special funds in the Treasury created by the Act of June 17, 1902 (43 U. S. C. 391), the Act of December 21, 1928 (43 U. S. C. 617a), and the Act of July 19, 1940 (43 U. S. C. 618a), respectively. Such sums shall be transferred, upon request of the Secretary, to be merged with and expended under the heads herein specified; and the unexpended balances of sums transferred for expenditure under the heads “Operation and Maintenance” and “General Administrative Expenses” shall revert and be credited to the special fund from which derived. administrative provisions Appropriations to the Bureau of Reclamation shall be available for purchase of not to exceed one hundred twenty-seven passenger motor vehicles for replacement only, purchase of one aircraft for replacement only, payment of claims for damage to or loss of property, personal injury, or death arising out of activities of the Bureau of Reclamation; payment, except as otherwise provided for, of compensation and expense of persons on the rolls of the Bureau of Reclamation appointed as authorized by law to represent the United States in the negotiation and administration of interstate compacts without reimbursement or return under the reclamation laws; rewards for information or evidence concerning violations of law involving property under the jurisdiction of the Bureau of Reclamation; performance of the functions specified under the head “Operation and Maintenance Administration”, Bureau of Reclamation, in the Interior Department Appropriation Act, 1945; preparation and dissemination of useful information including recordings, photographs, and photographic prints; and studies of recreational uses of reservoir areas, and investigation and recovery of archeological and paleontological remains in such areas in the same manner as provided for in the Act of August 21, 1935 (16 U. S. C. 461–467): Provided, That no part of any appropriation made herein shall be available pursuant to the Act of April 19, 1945 (43 U. S. C. 377), for expenses other than those incurred on behalf of specific reclamation projects except “General Administrative Expenses” and amounts provided for reconnaissance, basin surveys, and general engineering and research under the head “General Investigations”. Allotments to the Missouri River Basin project from the appropriation under the head “Construction and Rehabilitation” shall be available additionally for said project for those functions of the Bureau of Reclamation provided for under the head “General Investigations” (but this authorization shall not preclude use of the appropriation under said head within that area), and for the continuation of investigations by agencies of the Department on a general plan for the development of the Missouri River Basin. Such allotment may be expended through or in cooperation with State and other Federal agencies, and advances to such agencies are hereby authorized. Sums appropriated herein which are expended in the performance of reimbursable functions of the Bureau of Reclamation shall be returnable to the extent and in the manner provided by law. No part of any appropriation for the Bureau of Reclamation, contained in this Act or in any prior Act, which represents amounts earned under the terms of a contract but remaining unpaid, shall be obligated for any other purpose, regardless of when such amounts are to be paid: Provided, That the incurring of any obligation prohibited by this paragraph shall be deemed a violation of section 3679 of the Revised Statutes, as amended (31 U. S. C. 665). No funds appropriated to the Bureau of Reclamation for operation and maintenance, except those derived from advances by water users, shall be used for the particular benefit of lands (a) within the boundaries of an irrigation district, (b) of any member of a water users’ organization, or (c) of any individual, when such district, organization, or individual is in arrears for more than twelve months in the payment of charges due under a contract entered into with the United States pursuant to laws administered by the Bureau of Reclamation. Not to exceed $225,000 may be expended from the appropriation “Construction and Rehabilitation” for work by force account on any one project or Missouri Basin unit and then only when such work is unsuitable for contract or no acceptable bid has been received and, other than otherwise provided in this paragraph or as may be necessary to meet local emergencies, not to exceed 12 per centum of the construction allotment for any project from the appropriation “Construction and Rehabilitation” contained in this Act shall be available for construction work by force account.
Bonneville Power Administration construction For construction and acquisition of transmission lines, substations, and appurtenant facilities, as authorized by law, to remain available until expended, $22,038,000. operation and maintenance For necessary expenses of operation and maintenance of the Bonneville transmission system and of marketing electric power and energy, $8,630,000. administrative provisions Appropriations of the Bonneville Power Administration shall be available to carry out all the duties imposed upon the Administrator pursuant to law, including purchase of one aircraft. Appropriations made herein to the Bonneville Power Administration shall be available in one fund, except that the appropriation herein made for operation and maintenance shall be available only for the service of the current fiscal year. Other than as may be necessary to meet local emergencies, not to exceed 12 per centum of the appropriation for construction herein made for the Bonneville Power Administration shall be available for construction work by force account or on a hired-labor basis.
Southeastern Power Administration operation and maintenance For necessary expenses of operation and maintenance of power transmission facilities and of marketing electric power and energy pursuant to the provisions of section 5 of the Flood Control Act of 1944 (16 U. S. C. 825s), as applied to the southeastern power area, including purchase of not to exceed one passenger motor vehicle for replacement only, $1,939,000.
Southwestern Power Administration construction For construction and acquisition of transmission lines, substations, and appurtenant facilities, and for administrative expenses connected therewith, in carrying out the provisions of section 5 of the Flood Control Act of 1944 (16 U. S. C. 825s), as applied to the southwestern power area, $1,480,000 to remain available until expended. operation and maintenance For necessary expenses of operation and maintenance of power transmission facilities and of marketing electric power and energy pursuant to the provisions of section 5 of the Flood Control Act of 1944 (16 U. S. C. 825s), as applied to the southwestern power area, including purchase of not to exceed four passenger motor vehicles for replacement only, $1,000,000. continuing fund Not to exceed $5,000,000 shall be available during the current fiscal year from the continuing fund for all costs in connection with the purchase of electric power and energy, and rentals for the use of transmission facilities: Provided, That the unexpended balance made available from the continuing fund for the fiscal years 1954 (67 Stat. 262) and 1956 (69 Stat. 356) shall be available to liquidate claims payable for the fiscal year 1954 under lease-purchase contracts with generating and transmission cooperatives as certified by the Comptroller General of the United States: Provided further, That any deficiency in those funds for payment of such claims may be paid out of the continuing fund.
General Provisions, Department of the Interior
Sec. 201.
Appropriations in this title available for travel expenses
Attendance at meetings.
shall be available for expenses of attendance of officers and employees at meetings or conventions of members of societies or associations concerned with the work of the bureau or office for which the appropriation concerned is made.
Sec. 202.
Appropriations in this title shall be available for expenditure
Emergency construction.
or transfer (within each bureau or office), with the approval of the Secretary, for the emergency reconstruction, replacement or repair of buildings, utilities, or other facilities or equipment damaged or destroyed by fire, flood, storm, or other unavoidable causes: Provided, That no funds shall be made available under this authority until funds specifically made available to the Department of the Interior for emergencies shall have been exhausted.
Sec. 203.
The Secretary may authorize the expenditure or transfer
Fire prevention.
(within each bureau or office) of any appropriation in this title, in addition to the amounts included in the budget programs of the several agencies, for the suppression or emergency prevention of forest or range fires on or threatening lands under jurisdiction of the Department of the Interior.
Sec. 204.
Appropriations in this title shall be available for operation
Operation of warehouses, etc.
of warehouses, garages, shops, and similar facilities, wherever consolidation of activities will contribute to efficiency or economy, and said appropriations shall be reimbursed for services rendered to any other activity in the same manner as authorized by the Act of June 30, 1932 (31 U. S. C. 686): Provided, That reimbursements for cost of supplies,
materials and equipment, and for services rendered may be credited to the appropriation current at the time such reimbursements are received.
Sec. 205.
After August 31, 1957, the position of Administrator of the Southeastern Power Administration shall be in grade GS–18 of the Glassification Act of 1949, as amended, but without regard to the
numerical limitation contained in section 505 of said Act; the salary of the Administrator of the Southwestern Power Administration shall be the same as the salary of the Administrator of the Bonneville Power Administration, so long as held by the present incumbent; and the salary of the Administrative Assistant Secretary of the Department of the Interior shall be the same as the Solicitor of the Department of the Interior.
This Act may be cited as the “Public Works Appropriation Act,
Short title.
1958”.
Approved August 26, 1957.