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OFFICE OF THE DEPUTY ATTORNEY GENERAL,

Washington, D.C., February 21, 1966. Hon. THOMAS E. MORGAN, Chairman, Committee on Foreign Affairs, House of Representatives, Washington, D.C.

DEAR Mr. CHAIRMAN: This is in response to your request for the views of this Department concerning H.R. 7573, a bill "To authorize the conclusion of an agree ment for the joint construction by the United States and Mexico of an international flood control project for the Tia Juana River in accordance with the provisions of the treaty of February 3, 1944, with Mexico, and for other purposes.'

The bill would authorize the Secretary of State, acting through the U.S. Commissioner for the International Boundary and Water Commission, to conclude an agreement with Mexican officials for the joint construction and operation by the United States and Mexico of an international flood control project for the Tia Juana River. This would implement the February 3, 1944, Treaty between the United States and Mexico, 59 Stat. 1219. No authorized appropriations are to be expended for construction, except on land acquired by donation and as to which title has been approved by the Attorney General.

The bill would only affect this Department in that we would be called upon to approve title to the donated land. We have no objection to performing this service.

The Bureau of the Budget has advised that there is no objection to the submission of this report from the standpoint of the administration's program. Sincerely,

RAMSEY CLARK, Deputy Attorney General.

THE GENERAL COUNSEL OF THE TREASURY,

Washington, D.C., February 11, 1966. Hon. Thomas E. MORGAN, Chairman, Committee on Foreign Affairs, House of Representatives, Washington, D.C.

DEAR MR. CHAIRMAN: Reference is made to your request for the views of this Department on H.R. 7573, to authorize the conclusion of an agreement for the joint construction by the United States and Mexico of an international flood control project for the Tia Juana River in accordance with the provisions of the treaty of February 3, 1944, with Mexico, and for other purposes.

The proposed legislation would authorize the Secretary of State, acting through the U.S. Commissioner, International Boundary and Water Commission, United States and Mexico, to conclude with the appropriate officials of the Government of Mexico, an agreement for the joint construction, operation, and maintenance by the United States and Mexico, in accordance with the provisions of the treaty of February 3, 1944, with Mexico, of an international flood control project for the Tia Juana River. The Treasury Department has no comment to make on the proposed legislation.

The Department was advised by the Bureau of the Budget that there was no objection from the standpoint of the administration's program to the submission to the Committee on Foreign Relations of an identical report on S. 2540, an identical bill. Sincerely yours,

FRED B. SMITH,

Acting General Counsel. Mr. SELDEN. If there are no further questions, the hearing is concluded.

I would like to request that the members stay for a few minutes to discuss the setting of a time for further consideration of this legislation.

I want to thank all the witnesses who appeared this morning. The committee will now recess for a few minutes while the witnesses leave.

(At 11:30 a.m. the subcommittee adjourned.)

APPENDIX

RESOLUTION No. 180058 OF THE CITY OF SAN DIEGO, CALIF. Whereas, the Secretary of State is negotiating with the Mexican Government for joint participation in the construction, operation, and maintenance of flood control facilities on the Tia Juana River from within Mexico to the Pacific Ocean; and

Whereas it is of great importance to the city of San Diego that steps be taken as soon as possible to provide Tia Juana River flood control facilities within the city of San Diego in order to eliminate the threat of severe damage to property and hazard to residents of the south San Diego area; and

Whereas it is anticipated that the Tia Juana River flood control project will be approved by Congress in 1964 and the International Boundary and Water Commission will include this project in its 1965–66 budget; and

Whereas the Corps of Army Engineers has estimated the total cost of the flood control facilities to be constructed within the United States to be $14,540,000, of which the sum of $12,600,000 is proposed to be borne by the Federal Government; and

Whereas it is proposed that the city of San Diego shall assume the following obligations and responsibilities in connection with said project:

1. Provide without cost to the United States all land, easements, and rightsof-way necessary for construction and operation of the project;

2. Hold and save the United States free from damages due to the construction and operation of the project;

3. Make any alterations to existing improvements, other than railroads or improvements constructed and maintained by the United States, which may be required becuase of the construction works;

4. Prevent encroachments on the flood channel which would reduce its design capacities; and

5. Take steps to prevent encroachment upon existing defined waterways tirbutary to the project, by zoning or other means such as enlargement or other modification of the existing waterway facilities to prevent the minor flood problems on these tributary waterways from developing into problems of serious proportions; and Whereas the cost of fulfilling said obligations and responsibilities to be assumed by the city is estimated at $1,940,000, as more specifically set forth as follows: Rights of way

$1,220, 000 Road and bridge relocations.

575, 000 ['tility relocations...

25, 000 Water spreading system (ground water recharging)

120,000 Total.com

1,940,000 and

Whereas upon completion of each phase of the work it is expected that the State will reimburse the city for the city's expenditures: Now, therefore, be it

Resolved, by the Council of the City of San Diego, That the intent of the Council in the premises be, and it is hereby declared as follows:

That the city of San Diego will participate in the Tia Juana River flood control project to the extent hereinabove set forth, and that approximately $1 million in capital outlay funds will be included in the city's budget for 1965–66 to act as a revolving fund from which the city may advance such amounts as may be required to_meet the non-Federal obligations.

Presented by:
Approved: EDWARD T. BUTLER, City Attorney.
By

Passed and adopted by the Council of the City of San Diego on May 21, 1964, by the following vote:

Yeas: Councilmen Cobb, de Kirby, Scheidle, Hitch, Hom, Walsh, Mayor Curran.

Nays: None.
Absent: None.
Authenticated by:

FRANK E. CURRAN,
Mayor of the City of San Diego, Calif.

PHILLIP ACKER,

City Clerk of the City of San Diego, Calif. (SEAL)

By Ruth KLAUER, Deputy. I hereby certify that the above and foregoing is a full, true and correct copy of Resolution No. 180058 passed and adopted by the Council of the City of San Diego, Calif., May 21, 1964.

PhilLIP ACKER,

City Clerk of the City of San Diego, Calif. (SEAL)

By Ruth KLAUER, Deputy.

RESOLUTION No. 184420 Whereas, pursuant to the request of the city of San Diego and other interests in the State of California, the U.S. Section of the International Boundary and Water Commission, United States and Mexico, and the Corps of Engineers, Los Angeles District, have developed an engineeringly feasible and economically justified project for flood control improvements in the Tijuana River Basin within the city of San Diego as described and recommended in the report by the District Engineer, U.S. Army Engineer District, Los Angeles, Calif., dated May 1, 1964; and

Whereas it is of great importance to the city that steps be taken as soon as possible to provide Tijuana River flood control improvements within the city of San Diego in order to eliminate the threat of severe damage to property and hazard to residents of the South San Diego area; and

Whereas the feasibility, construction, operation, and maintenance of the recommended improvements in the United States are dependent upon the construction, operation, and maintenance of similar works in the Tijuana River in Mexico, and it is anticipated that such construction, operation, and maintenance will be carried out ider the supervision of the International Boundary and Water Commission, United States and Mexico, as an international project; and

Whereas Congressman Van Deerlin has introduced in the House of Representatives H.R. 7573, “To authorize the conclusion of an agreement for the joint construction by the Unlted States and Mexico of an international flood control project for the Tijuana River in accordance with the provisions of the treaty of February 3, 1944, with Mexico, and for other purposes; and

Whereas the Corps of Engineers, U.S. Army, has determined that the benefits of the flood control improvements are more than sufficient to justify the project costs, that a large percentage of such benefits is of special nature; and

Whereas the benefits from flood damages prevented and those of special nature accrue predominantly to lands within the city of San Diego; and

Whereas the benefits of special nature are of such magnitude as to require a contribution from local interests toward the cost of construction of the project in accord with domestic procedures of agencies of the U.S. Government; and

Whereas the amount of the required local contribution toward the cost of construction of the project has been determined by the Corps of Engineers to be 17.8 percent of the construction cost presently estimated at $2,250,000, the final amount of contribution to be based upon actual costs; and

Whereas it is understood that this contribution of 17.8 percent (presently estimated as $2,250,000, the final amount to be based on actual costs) is in addition to the obligations and responsibilities stated and assumed by the city in its Resolution No. 180058 adopted May 21, 1964: Now, therefore, be it

Resolved by the Council of the City of San Diego, as follows:

That the city of San Diego agrees to assume responsibility for the required contribution to the Federal Government of 17.8 percent of the cost of construction of the recommended Tijuana flood control improvements. The contribution presently estimated at $2,250,000 (the final amount of contribution to be determined after actual costs have been determined) will be paid as determined by the city, either in a lump sum prior to commencement of construction or in installments prior to commencement of pertinent work items, in accordance with construction schedules as approved by the l'.S. commissioner.

Presented by:
Approved:

EDWARD T. BUTLER,

City Attorney.
By JAMES S. Milch,

Deputy.
Passed and adopted by the Council of the City of San Diego on July 29, 1965)
by the following vote:
Yeas: Councilmen Cobb, de Kirby, Scheidle, Hom, Walsh.
Nays: None.
Absent: Councilman Hitch.
Authenticated by:

FRANK E. CURRAN, Mayor of the City of San Diego, Calif.

PHILLIP ACKER,

City Clerk of the City of San Diego, Calif. (SEAL)

By RUTH E. KLAUER,

Deputy. I hereby certify that the above and foregoing is a full, true, and correct copy of Resolution No. 184420 passed and adopted by the Council of the City of San Diego, Calif., July 29, 1965.

PHILLIP ACKER,

City Clerk of the City of San Diego, Calif. (SEAL)

By ELFA F. HAMEL,

Deputy.

COUNTY OF SAN DIEGO, CALIF., RESOLUTION No. 28, RE SUPPORT OF TIA JUANA

RIVER FLOOD CONTROL PROJECT On motion of Supervisor Gibson, seconded by Supervisor Cozens, the following resolution is adopted:

Whereas there exists an urgent and present need for the design and construction of a flood control channel in the Tia Juana River area of the County of San Diego, State of California, and the Republic of Mexico; and

Whereas all of such area lying within the County of San Diego is within the corporate limits of the city of San Diego and said city is the local sponsoring agency for such project; and

Whereas the city of San Diego acting as such local sponsoring agency is presently seeking to obtain Federal and State funds to further accomplish the design and construction of such flood control channel; and

Whereas it is to the best interests of not only the United States of America and the Republic of Mexico, but to the county of San Diego, State of California, and the inhabitants thereof, that such flood control channel in the Tia Juana River flood plain be constructed: Now, therefore, be it

Resolved, That the County of San Diego hereby declares its support for such project and endorses to the fullest extent the efforts of the city of San Diego acting as the local sponsoring agency to secure Federal and State funds necessary for the Tia Juana River flood control project.

Passed and adopted by the Board of Supervisors of the County of San Diego, State of California, this 22d day of March 1966 by the following vote:

Ayes: Supervisors Gibson, Boney, Dent, Austin, and Cozens.
Noes: Supervisors. None.

Absent. Supervisors. None.
STATE OF CALIFORNIA,
County of San Diego, 88:

I Helen Kleckner, clerk of the Board of Supervisors of the County of San Diego, State of California, hereby certify that I have compared the foregoing copy with the original resolution passed and adopted by said board, at a regular meeting thereof, at the time and by the vote therein stated, which original resolution is now on file in my office; that the same contains a full, true, and correct transcript
therefrom and of the whole thereof.

Witness my hand and the seal of said board of supervisors, this 22d day of
March 1966.

HELEN KLECKNER,

Clerk of the Board of Supervisors.
(SEAL)

By FLORINDA CLARK,

Deputy.

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