520 REORGANIZATION PLAN NO. IV OF 1940 DEPARTMENT OF THE INTERIOR Sec. 6. [Certain functions of the Soil Conservation Service transferred.]— The functions of the Soil Conservation Service in the Department of Agriculture with respect to soil and moisture conservation operations conducted on any lands under the jurisdiction of the Department of the Interior are transferred to the Department of the Interior and shall be administered under the direction and supervision of the Secretary of the Interior through such agency or agencies in the Department of the Interior as the Secretary shall designate. (54 Stat. 1235) Sec. 13. [Transfer of functions of heads of departments.]-Except as otherwise provided in the Plan, the functions of the head of any department relating to the administration of any agency or function transferred from his department by this Plan, are transferred to, and shall be exercised by, the head of the department or agency to which such transferred agency or function is transferred by this Plan. (54 Stat. 1237) 521 MORATORIUM ON CONSTRUCTION CHARGES FOR 1935 [Extract from] An act to further extend relief to water users on United States reclamation projects and on Indian irrigation projects. (Act of June 13, 1935, c. 219, 49 Stat. 337) Sec. 1. [All provisions of Act of March 27, 1934, extended for one year.]—All of the provisions of the Act entitled "An Act to further extend the operation of the Act entitled 'An Act for the temporary relief of water users on irrigation projects constructed and operated under the reclamation law', approved April 1, 1932", approved March 27, 1934, be, and all of the provisions thereof are hereby, further extended for the period of one year. (49 Stat. 337) 522 GENERAL AUTHORITY, INTERNATIONAL BOUNDARY COMMISSION An act to amend the Act of May 13, 1924, entitled "An Act providing for a study regarding the equitable use of the waters of the Rio Grande", and so forth, as amended by the public resolution of March 3, 1927. (Act of August 19, 1935, ch. 561, 49 Stat. 660) The Act of May 13, 1924, entitled "An Act providing for a study regarding the equitable use of the waters of the Rio Grande below Fort Quitman, Texas, in cooperation with the United States of Mexico", as amended by the public resolution of March 3, 1927, is hereby amended to read as follows: "Sec. 1. [Cooperative study with Mexico on Lower Rio Grande and Lower Colorado and Tia Juana Rivers.]—The President is hereby authorized to designate the American Commissioner on the International Boundary Commission, United States and Mexico, or other Federal agency, to cooperate with a representative or representatives of the Government of Mexico in a study regarding the equitable use of the waters of the lower Rio Grande and the lower Colorado and Tia Juana Rivers, for the purpose of obtaining information which may be used as a basis for the negotiation of a treaty with the Government of Mexico relative to the use of the waters of these rivers and to matters closely related thereto. On completion of such study the results shall be reported to the Secretary of State. (49 Stat. 660; 22 U.S.C. § 277) "Sec. 2. [Authority to construct boundary markers, utility systems and Lower Rio Grande flood control and other works. ]-The Secretary of State, acting through the American Commissioner, International Boundary Commission, United States and Mexico, is further authorized to conduct technical and other investigations relating to the defining, demarcation, fencing, or monumentation of the land and water boundary between the United States and Mexico, to flood control, water resources, conservation, and utilization of water, sanitation and prevention of pollution, channel rectification, and stabilization and other related matters upon the international boundary between the United States and Mexico; and to construct and maintain fences, monuments and other demarcations of the boundary line between the United States and Mexico, and sewer systems, water systems, and electric light, power and gas systems crossing the international border, and to continue such work and operations through the American Commissioner as are now in progress and are authorized by law. "The President is authorized and empowered to construct, operate, and maintain on the Rio Grande River below Fort Quitman, Texas, any and all works or projects which are recommended to the President as the result of such investigations and by the President are deemed necessary and proper. (49 Stat. 660; 22 U.S.C. § 277a) "Sec. 3. [Authority to construct and operate treaty projects.]—(a) The President is further authorized to construct any project or works which may be provided for in a treaty entered into with Mexico and to repair, protect, maintain, or complete works now existing or now under construction or those that may be GENERAL AUTHORITY, INTERNTL. BOUNDARY COMM. 523 constructed under the treaty provisions aforesaid; and to construct any project or works designed to facilitate compliance with the provisions of treaties between. the United States and Mexico; and (b) to operate and maintain any project or works so constructed or, subject to such rules and regulations for continuing supervision by the said American Commissioner or any Federal agency as the President may cause to be promulgated, to turn over the operation and maintenance of such project or works to any Federal agency, or any State, county, municipality, district, or other political subdivision within which such project or works may be in whole or in part situated, upon such terms, conditions, and requirements as the President may deem appropriate. (49 Stat. 660; 22 U.S.C. § 277b) "Sec. 4. [Acceptance, acquisition and withdrawal of lands.]—In order to carry out the provisions of this Act, the President, or any Federal agency he may designate is authorized, (a) in his discretion, to enter into agreements with any one or more of said political subdivisions, in connection with the construction of any project or works provided for in section 2, paragraph 2, and section 3 of this Act, under the terms of which agreements there shall be furnished to the United States, gratuitously, except for the examination and approval of titles, the lands or easements in lands necessary for the construction, operation, and maintenance in whole or in part of any such project or works, or for the assumption by one or more of any such political subdivisions making such agreement, of the operation and maintenance of such project or works in whole or in part upon the completion thereof: Provided, however, That when an agreement is reached that necessary lands or easements shall be provided by any such political subdivision and for the future operation and maintenance by it of a project or works or a part thereof, in the discretion of the President the title to such lands and easements for such projects or works need not be required to be conveyed to the United States but may be required only to be vested in and remain in such political subdivision; (b) to acquire by purchase, exercise of the power of eminent domain, or by donation, any real or personal property which may be necessary; (c) to withdraw from sale, public entry or disposal of such public lands of the United States as he may find to be necessary and thereupon the Secretary of the Interior shall cause the lands so designated to be withdrawn from any public entry whatsoever, and from sale, disposal, location or settlement under the mining laws or any other law relating to the public domain and shall cause such withdrawal to appear upon the records in the appropriate land office having jurisdiction over such lands, and such lands may be used for carrying out the purposes of this Act: Provided, That any such withdrawal may subsequently be revoked by the President; and (d) to make or approve all necessary rules and regulations. (49 Stat. 661; Act of May 22, 1936, 49 Stat. 1370; 22 U.S.C. § 277c) EXPLANATORY NOTE 1936 Amendment. The Act of May 22, 1936, 49 Stat. 1370, changed "section 3 hereof" to read "section 2, paragraph 2, and section 3 of this Act." For legislative history of the 1936 Act see H.R. 10321, Public Law 613 in the 74th Congress; H.R. Rept. No. 2128. 524 GENERAL AUTHORITY, INTERNTL. BOUNDARY COMM. "Sec. 5. [Moneys contributed by Mexico.]-Any moneys contributed by or received from the United Mexican States for the purpose of cooperating or assisting in carrying out the provisions of this Act shall be available for expenditure in connection with any appropriation which may be made for the purposes of this Act." (49 Stat. 661; 22 U.S.C. § 277d) EXPLANATORY NOTES 1924 Act: International Water Commission. The Act of May 13, 1924, 43 Stat. 118, which this Act amends, authorized the appointment of three special commissioners to meet with representatives of Mexico to study the use of the waters of the Rio Grande below Fort Quitman, Texas. The Joint group was known as the International Water Commission. The Joint Resolution of March 3, 1927, 44 Stat. 1403, extended the study to include the Lower Colorado and Tia Juana Rivers. The American Section submitted a report to Congress on April 21, 1930, H.R. Doc. No. 359, 71st Congress. The Act of June 30, 1932, 47 Stat. 417, abolished the American Section of the Commission and transferred its functions to the International Boundary Commission. International Boundary Commission. The International Boundary Commission was created pursuant to the Convention with Mexico of March 1, 1889 (effective December 24, 1890), 26 Stat. 1512. It was reconstituted the International Boundary and Water Commission, United States and Mexico, by the Treaty with Mexico of February 3, 1944 (effective November 8, 1945), 59 Stat. 1219. The 1944 Treaty appears herein in chronological order. Cross Reference, Treaties with Mexico. A note following the Treaty of February 3, 1944, herein, briefly describes the treaties and conventions with Mexico regarding the Rio Grande and the Colorado Rivers. Lower Rio Grande Flood Control Project. On September 3, 1932, the International Boundary Commission signed a report recommending that each commissioner be authorized to construct flood control works on the Lower Rio Grande within his own country, and both countries accepted the report. Construction on the American side began in December, 1933, under authority of the National Industrial Recovery Act, utilizing funds allotted by the Public Works Administration. The above Act of August 19, 1935, particularly section 2, confers general statutory authority to carry out the project. In addition to levees and floodways, the project includes the Anzaldúas flood control diversion dam on the Rio Grande near Mission, Texas. A provision in the State Depart ment appropriation act of July 10, 1952, 66 Stat. 549, and subsequent appropriation acts, provides that Anzaldúas Dam may not be used for irrigation or water supply purposes unless suitable arrangements have been made for repayment of costs allocated to these functions. The text of the provision appears herein in chronological order. Rio Grande Rectification Project. The Commission also carries on the Rio Grande rectification project in the El Paso-Juarez Valley pursuant to the Convention with Mexico of February 1, 1933 (effective November 10, 1933), 48 Stat. 1621. Supplementary Provision: Additional Miscellaneous Authority. The Act of August 27, 1935, 49 Stat. 906, as amended, provides additional miscellaneous authorities in connection with operations of the Commission. The Act appears herein in chronological order. Supplementary Provisions: American Diversion Dam and Rio Grande Canalization Project. The Act of August 29, 1935, 49 Stat. 961, authorizes construction of the American Diversion Dam, and the Act of June 4, 1936, 49 Stat. 1463, authorizes the Rio Grande canalization project. The Act of September 18, 1964, 78 Stat. 956, authorizes additional watershed control works in connection with the Rio Grande canalization project. All three acts appear herein in chronological order. Supplementary Provision: Valley Gravity Canal and Storage Project. The Interior Department Appropriation Act of June 28, 1941, 55 Stat. 338, authorizes construction of the Valley Gravity canal and storage project, Texas, a reclamation project in the Lower Rio Grande Valley, with construction of the international features to be done by the International Boundary Commission. The project has not been constructed. The text of the provision appears herein in chronological order. Supplementary Provision: AmericanMexican Treaty Act of 1950. The Act of September 13, 1950, 64 Stat. 846, grants additional authority in connection with projects of the Commission. The Act appears herein in chronological order. Supplementary Provisions: Falcon Dam. The Act of October 5, 1949, 63 Stat. 701, |