OCR Text |
Show 196 1946, similar allocations were authorized for preservation and propagation of fish and wildlife.269 A further modification in authorization requirements appears in the 1944 Flood Control Act. As already noted, it provides for the submission of views and recommendations of the "af- fected States" and of the Secretary of the Army.260 If such views and recommendations set forth objections, the proposed works shall not be deemed authorized "except upon approval by an Act of Congress."261 Additional importance attaches here to the 1944 Flood Con- trol Act in its provision for irrigation use of Army dam and reservoir projects on specified conditions.262 Upon recommen- dation by the Secretary of the Interior, if the Secretary of the Army determines that such a project may be utilized for irriga- tion purposes, the Secretary of the Interior is authorized to construct, operate, and maintain under Reclamation Law such additional works in connection therewith as he deems necessary for irrigation purposes. These may be undertaken only after his report and finding pursuant to Reclamation Law and after "subsequent specific authorization" by Congress. Within the limits of the water-users' repayment ability, such report may be predicated on the allocation to irrigation of an appro- priate portion of the cost of structures and facilities used for irrigation and other purposes. Specifically exempted from Department of the 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." § 9(b), 53 Stat. 1193, 43 TJ. S. 0. 485h(b). Express provision was also made for such allocations in the case of "any project, division of a project, development unit of a project, or sup- plemental works on a project" which at the time of the Act's enactment was under construction or for which appropriations had been made and in connection with which a repayment contract had not been executed. § 7 (b), 53 Stat. 1192,43 U. S. C. 485f (b). 259 Act of August 14,1946, § 2, 60 Stat. 1080, see 16 U. S. C. 662. 280 See supra, p. 191. 291 Act of December 22,1944, § l(c), 58 Stat. 887, 889. ** § 8. 58 Stat. 891, 43 U. S. C. 390. |