90th Congress, S. 6 An Act To authorize the Secretary of the Interior to construct, operate, and maintain the initial stage of the Oahe unit, James division, Missouri River Basin project, South Dakota, and for other purposes. and note. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of Missouri River the Interior is hereby authorized to construct, operate, and maintain Basin project, in accordance with the Federal reclamation laws (Act of June 17, 1902 S. Dak. (32 Stat. 388), and Acts amendatory thereof or supplementary there- Oahe unit. to) the initial stage of the Oahe unit, James division, Missouri River 43 USC 371 Basin project, South Dakota, for the principal purposes of furnishing a surface irrigation water supply for approximately one hundred and ninety thousand acres of land, furnishing water for municipal and industrial uses, controlling floods, conserving and developing fish and wildlife resources, and enhancing outdoor recreation opportunities, and other purposes. The principal features of the initial stage of the Oahe unit shall consist of the Oahe pumping plant (designed to provide for future enlargement) to pump water from the Oahe Reservoir, a system of main canals, regulating reservoirs, and the James diversion dam and the James pumping plant on the James River. The remaining works will include appurtenant pumping plants, canals, and laterals for distributing water to the land, and a drainage system. Recreation; fish and wild life develop ment. SEC. 2. The conservation and development of the fish and wildlife resources and the enhancement of recreation opportunities in connection with the initial stage of the Oale unit shall be in accordance with the provisions of the Federal Water Project Recreation Act (79 Stat. 213). Construction of the initial stage of the Oahe unit shall not be 16 USC 4601-12 commenced as long as the State of South Dakota retains in its laws pro- note. visions that prohibit the hunting of migratory waterfowl by nonresi-82 STAT. 624 dents in the waterfowl enhancement areas included within the area served by the project herein authorized. SEC. 3. The Oahe unit shall be integrated physically and financially with the other Federal works constructed or authorized to be constructed under the comprehensive plan approved by section 9 of the Act of December 22, 1944, as amended and supplemented. SEC. 4. For a period of ten years from the date of enactment of this Act, no water from the project authorized by this Act shall be delivered to any water user for the production on newly irrigated lands of any basic agricultural commodity, as defined in the Agricultural Act of 1949, or any amendment thereof, if the total supply of such commodity for the marketing year in which the bulk of the crop would normally be marked is in excess of the normal supply as defined in section 301 (b) (10) of the Agricultural Adjustment Act of 1938, as amended, unless the Secretary of Agriculture calls for an increase in production of such commodity in the interest of national security. SEC. 5. The interest rate used for purposes of computing interest during construction and interest on the unpaid balance of the capital costs allocated to interest-bearing features of the project shall be determined by the Secretary of the Treasury, as of the beginning of the fiscal year in which construction is initiated, on the basis of the computed average interest rate payable by the Treasury upon its outstanding marketable public obligations, which are neither due nor callable for redemption for fifteen years from date of issue. SEO. 6. There is hereby authorized to be appropriated for construction of the initial stage of the Oahe unit as authorized in this Act the sum of $191,670,000 (based upon January 1964 prices), plus or 82 STAT. 625 58 Stat. 891. 63 Stat. 1051. 7 USC 1421 note. 62 Stat. 1251. 7 USC 1301. Interest rate determination. Appropriation. 36-929 O-79-23 82 STAT 625 minus such amounts, if any, as may be justified by reason of ordinary fluctuations in construction costs as indicated by engineering costs indexes applicable to the types of construction involved herein. There are also authorized to be appropriated such additional sums as may be required for operation and maintenance of the unit. Approved August 3, 1968. LEGISLATIVE HISTORY: HOUSE REPORT No. 1612 (Comm. on Interior & Insular Affairs). Vol. 113 (1967): Nov. 1, considered and passed Senate. amended. July 22, Senate concurred in House 90th Congress, H. R. 9362 An Act To authorize the Secretary of the Interior to construct, operate, and maintain the Mountain Park reclamation project, Oklahoma, 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 Secretary Mountain Park of the Interior is authorized to construct, operate, and maintain the reclamation Mountain Park reclamation project, Oklahoma, under the Federal project, Okla. reclamation laws (Act of June 17, 1902; 32 Stat. 388, and Acts amenda tory thereof or supplementary thereto) for the principal purposes of 43 USC 371. storing, regulating, and furnishing water for municipal, domestic, and industrial uses, conserving and developing fish and wildlife resources, providing outdoor recreation opportunities, and controlling floods. The principal features of the project shall consist of a dam and reservoir on Otter Creek, a diversion dam on Elk Creek, a canal from the diversion dam to a storage reservoir on Otter Creek, aqueducts from the storage reservoir to the cities of Altus and Snyder, Oklahoma, a wildlife management area, and basic public outdoor recreation facilities. Construction of the project may be undertaken in such units or stages as in the determination of the Secretary will best serve project requirements and meet water needs. SEC. 2. (a) Costs of the project, or any unit or stage thereof, allo- Repayment cated to municipal water supply, shall be repayable, with interest, by period. the municipal water users over a period of not more than fifty years from the date that water is first delivered for that purpose, pursuant to contracts with municipal corporations or other organizations, as defined in section 2(g) of the Reclamation Project Act of 1939 (53 Stat. 1187). Such contracts shall be precedent to the commencement of 43 USC 485a. construction of any unit or stage of the project. The contracting orga nization shall be responsible for the disposal and sale of water surplus 82 STAT, 853 to its requirements, but revenues therefrom shall be used only for pay- 82 STAT. 854 ment of operation and maintenance costs, interest, and retirement of the obligation assumed in the contract. Contracts may be entered into with water users' organizations pursuant to the provisions of this Act without regard to the last sentence of subsection 9 (c) of the Reclamation Project Act of 1939 (53 Stat. 1187). 43 USC 485h. (b) The interest rate used for computing interest during construc- Interest rate; tion and interest on the unpaid balance of the costs of the project allo- determination cated to municipal water supply shall be determined by the Secretary by Secretary. of the Treasury, as of the beginning of the fiscal year in which construction is commenced, on the basis of the computed average interest rate payable by the Treasury upon its outstanding marketable public obligations which are neither due nor callable for redemption for fifteen years from date of issue, and by adjusting such interest rate to the nearest multiple of one-eighth of 1 per centum if the computed average interest rate is not a multiple of one-eighth of 1 per centum. SEC. 3. The Secretary is authorized to transfer to a water users' Transfer of organization the care, operation, and maintenance of the project works, operation, etc. and, if such transfer is made to credit annually against the organiza- to water users' tion's repayment obligation that portion of the year's operation and organization. maintenance costs which, if the United States had continued to operate the project, would have been allocated to flood control, fish and wildlife, and recreation purposes. Prior to assuming care, operation, and maintenance of the project works the water users' organization shall obligate itself to operate them in accordance with regulations prescribed by the Secretary of the Army with respect to flood control, and by the Secretary of the Interior with respect to fish and wildlife and recreation. Upon complete payment of the obligation assumed, the water users' 82 STAT. 854 43 USC 390a. 16 USC 4601 note. Appropriation. organization, its designee or designees, shall be conveyed title to such portions of the aqueducts and related facilities as are used solely for delivering project water to water users, and shall have a permanent right to use that portion of project reservoir capacity which is or may be allocated to municipal and industrial water supply purposes by the Secretary of the Interior, so long as the space designated for those purposes may be physically available, taking into account such equitable reallocation of reservoir storage capacities among the purposes to be served by the project as may be necessary due to sedimentation, subject, if the project is then operated by the United States, to payment to the United States of a reasonable annual charge to cover operation and maintenance costs and a fair share of administrative costs applicable to the project. SEC. 4. Expenditures for the Mountain Park project may be made without regard to the soil survey and land classification requirements of the Interior Department Appropriation Act of 1954 (67 Stat 266). SEC. 5. The conservation and development of the fish and wildlife resources and the enhancement of recreation opportunities in connection with the Mountain Park reclamation project shall be in accordance with the Federal Water Project Recreation Act (79 Stat. 213). SEC. 6. There is hereby authorized to be appropriated for construction of the Mountain Park Reclamation Project the sum of $19,978,000 (January 1965 prices), plus or minus such amounts, if any, as may be justified by reason of ordinary fluctuations in construction costs as indicated by engineering cost indexes applicable to the type of construction involved herein. There are also authorized to be appropriated such additional sums as may be required for the operation and maintenance of the project. Approved September 21, 1968. LEG IS LATIVE HISTORY: HOUSE REPORT No. 1611 (Comm. on Interior & Insular Affairs). July 15: Considered and passed House. 90th Congress, H. R. 8953 An Act To amend the Act of November 21, 1941 (55 Stat. 773), providing for the alteration, reconstruction, or relocation of certain highway and railroad bridges by the Tennessee Valley Authority. 82 STAT. 876 Certain bridges, eto. 48 Stat. 58. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Act of Tennessee Valley November 21, 1941 (55 Stat. 773), be and is hereby amended to read as Authority. follows: "That (a) whenever, as the result of the construction of any dam, reconstruction, reservoir, or other improvement under the provisions of the Tennessee Valley Authority Act, or amendments thereto, including any improvement of the navigable channel to accommodate the growth of naviga tion or changes in navigation requirements within the reservoir created by any dam in the custody of the Tennessee Valley Authority, any bridge, trestle, or other highway or railroad structure located over, upon, or across the Tennessee River or any of its navigable tributaries, including approaches, fenders, and appurtenances thereto, is endangered or otherwise adversely affected and damaged, including any interference with or impairment of its use, or, in the judgment of the Board of Directors of the Tennessee Valley Authority, needs to be raised, widened, or otherwise altered to provide the navigation clearances required for completion of the navigable channel to be provided by such improvement, to the extent that protection, alteration, reconstruction, relocation, or replacement is necessary or proper to preserve its safety or utility or to meet the requirements of navigation or flood control, or both, the owner or owners of such bridge, trestle, or struc- Bridge owners, ture shall be compensated by the Tennessee Valley Authority in the compensation. sum of the reasonable actual cost of such protection, alteration, reconstruction, relocation, or replacement: Provided, That in arriving at the amount of such compensation the bridge owner shall be charged with a sum which shall equal the net value to the owner of any direct and special benefits accruing to the owner from any improvement or addition or betterment of the altered, reconstructed, relocated, or replaced bridge, trestle, or structure. The Tennessee Valley Authority is empowered to contract with such owner with respect to any such pro- authority. tection, alteration, reconstruction, relocation, or replacement, the payment of the cost thereof and its proper division, which contract may provide either for money compensation or for the performance of all or any part of the work by the Tennessee Valley Authority. Contracting i"(b) In the event of a failure to agree upon the terms and conditions Right to bring of any such contract, or upon any default in the performance of any suit I contract entered into pursuant to this Act, the bridge owner or the Tennessee Valley Authority shall have the right to bring suit to enforce its rights or for a declaration of its rights under this Act, or under any such contract, in the district court of the United States for the district in which the property in question is located. In any such proceeding the court shall apportion the total cost of the work between the Tennessee Valley Authority and the owner in accord with the provisions contained in this section. The Tennessee Valley Authority's TVA share of share of the cost of any such protection, alteration, reconstruction, relo- oost. cation, or replacement, under any contract made or judgment, award, Authorization or decree rendered under the provisions of this section may be paid of funds. out of any funds available for carrying out the provisions of the Tennessee Valley Authority Act, as amended, and appropriations for |