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91st Congress, S. 2808
September 25, 1970

An Act

To authorize the Secretary of the Interior to construct, operate, and maintain the Minot extension of the Garrison diversion unit of the Missouri River Basin project in North Dakota, 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 of the Interior is authorized to construct, operate, and maintain the Minot extension of the Garrison diversion unit in North Dakota under the Federal reclamation laws (Act of June 17, 1902; 32 Stat. 388, and Acts amendatory thereof and supplementary thereto) for the principal purposes of conveying, regulating, and furnishing water made available through facilities of the Garrison diversion unit for use by the city of Minot and other communities for municipal and industrial purposes; conserving and developing fish and wildlife resources; and enhancing outdoor recreation opportunities. The Minot extension to the Garrison diversion unit shall be operated in such manner that identifiable return flows of water will not cause the Souris River to be in violation of water quality standards promulgated pursuant to the Water Quality Act of 1965 (79 Stat. 903).

84 STAT. 866

Missouri River
Basin project,
N. Dak.
Garrison di-
Minot extension,

version unit,

construction

authorization. 43 USC 371 and note.

33 USC 466

SEC. 2. The Secretary is authorized to construct appropriate portions note. of the Minot extension to assist in the interim delivery of water from ground water sources prior to the availability of water through the facilities of the Garrison diversion unit.

Repayment con

SEC. 3. (a) Costs of the project, or any unit or stage thereof, allocated to municipal water supply, shall be repayable, with interest, by the tracts, terms. 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 subsection 2(g) of the Reclamation Project Act of 1939 (53 Stat. 1187). Such contracts shall be executed before the commencement 43 USC 485a. of construction of the project. 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).

(b) Expenditures for the Minot extension may be made without regard to the soil survey and land classification requirements of the Interior Department Appropriation Act of 1954 (67 Stat. 266). (c) The interest rate used for computing interest during construction and interest on the unpaid balance of the reimbursable costs of the Minot extension shall be determined by the Secretary of the Treasury, as of the beginning of the fiscal year in which construction on the extension 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.

43 USC 485h.

Survey requirements, ex

ception.

43 USC 390a. Interest rates.

(d) The Secretary is authorized to transfer to a qualified contracting Maintenance. entity or entities the care, operation, and maintenance of the project works, and, if such transfer is made, to credit annually against the contractor's repayment obligation that portion of the year's joint operation and maintenance costs which, if the United States had continued to operate the project, would have been allocated to fish and wildlife and recreation purposes. Prior to assuming care, operation, and maintenance of the project works the contracting entity or entities shall be obligated to operate them in accordance with criteria estab- Criteria. lished by the Secretary of the Interior with respect to fish and wildlife and recreation.

84 STAT. 867 Conservation and recreation.

16 USC 4601-
12 note.
Appropriation.

SEC. 4. The conservation and development of fish and wildlife resources and the enhancement of recreation opportunities in connection with the Minot extension shall be in accordance with the provisions of the Federal Water Projects Recreation Act (79 Stat. 213).

SEC. 5. There is authorized to be appropriated for the construction of the Minot extension the sum of $12,900,000 (January 1969 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. There are also authorized to be appropriated such additional sums as may be required for the operation and maintenance of the extension. Approved September 25, 1970.

LEGISLATIVE HISTORY:

HOUSE REPORT No. 91-1346 accompanying H.R. 16987 (Comm. on Interior
and Insular Affairs).

SENATE REPORT No. 91-1005 (Comm. on Interior and Insular Affairs).
CONGRESSIONAL RECORD, Vol. 116 (1970):

July 10, considered and passed Senate.

Sept. 10, considered and passed House, amended, in lieu of

H.R. 16987.

91st Congress, S. 203
September 25, 1970

An Act

To amend the Act of June 13, 1962 (76 Stat. 96), with respect to the Navajo
Indian irrigation project.

84 STAT. 867

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the Act of Navajo Indian
June 13, 1962 (76 Stat. 96), is amended as follows:

(a) By deleting "and" in the first sentence of section 3(a) immediately preceding "townships 27" and by inserting immediately preceding "New Mexico principal meridian", the following: "townships 26 and 27 north, range 11 west, and townships 24, 25, and 26 north, ranges 12 and 13 west,";

(b) By deleting "$135,000,000 (June 1961 prices)" in the first sentence of section 7 and substituting in lieu thereof "$206,000,000 (April 1970 prices)"; and

(c) By adding the following subsection to section 3:

(d) Each permit that is in effect on lands declared to be held in trust for the Navajo Tribe pursuant to section 3(a) of this Act shall continue in effect for the term thereof unless the land is needed for irrigation purposes, subject to regulations applicable to permits of Indian lands, and upon its expiration it shall only be renewed on an annual basis until the land is required for irrigation purposes. When, in the judgment of the Secretary of the Interior, such land is required for irrigation purposes, the Secretary shall notify the permittee and the permit shall be deemed to be canceled, with no right of appeal. The permittee shall be compensated by the Navajo Tribe for the reasonable value of any range improvements of a permanent nature placed on the lands under authority of a permit or agreement with the United States, as determined by the Secretary of the Interior. Amounts paid to the United States by the Navajo Tribe out of tribal funds for the full appraised value of lands declared to be held in trust for the Navajo Tribe pursuant to section 3 (a) of this Act shall be reduced by the amount of compensation paid by the Navajo Tribe to permittees pursuant to this subsection." SEC. 2. The Navajo Indian irrigation project shall be operated in such manner that identifiable flows of water will not cause the project to be in violation of water quality standards promulgated pursuant to the Water Quality Act of 1965 (79 Stat. 903).

Approved September 25, 1970.

irrigation projeat.

43 USC 61511615yy.

33 USC 466 note.

LEGISLATIVE HISTORY:

HOUSE REPORT No. 91-1333 accompanying H. R. 13001 (Comm. on Interior

and Insular Affairs).

SENATE REPORT No. 91-363 (Comm. on Interior and Insular Affairs).
CONGRESSIONAL RECORD:

Vol. 115 (1969): Aug. 12, considered and passed Senate.

Vol. 116 (1970): Sept. 10, considered and passed House, amended,

in lieu of H. R. 13001.

Sept. 14, Senate concurred in House amendment.

91st Congress, H. R. 18104
October 14, 1970

An Act

To amend section 15d of the Tennessee Valley Authority Act of 1933 to increase the amount of bonds which may be issued by the Tennessee Valley Authority.

Be it enacted by the Senate and House of Representatives of the

84 STAT, 915

United States of America in Congress assembled, That the first sentence TVA.

of subsection (a) of section 15d of the Tennessee Valley Authority Act Bonds, increase. of 1933, as amended (16 U.S.C. 831n-4, Supplement IV), is amended 73 Stat. 280, by striking out "$1,750,000,000" and inserting in lieu thereof 338;

"$5,000,000,000".

Approved October 14, 1970.

80 Stat. 346.

LEGISLATIVE HISTORY:

HOUSE REPORT No. 91-1278 (Comm. on Public Works).
SENATE REPORT No. 91-1251 (Comm. on Public Works).
CONGRESSIONAL RECORD, Vol. 116 (1970):

July 30, considered and passed House.
Oct. 1, considered and passed Senate.

91st Congress, S. 368
December 24, 1970

An Act

To authorize the Secretary of the Interior to make disposition of geothermal steam and associated geothermal resources, and for other purposes.

Be it enacted by the Senate and House of Representatives of the

84 STAT. 1566

United States of America in Congress assembled, That this Act may Geothermal Steam be cited as the "Geothermal Steam Act of 1970".

SEC. 2. As used in this Act, the term

(a) "Secretary" means the Secretary of the Interior;

(b) "geothermal lease" means a lease issued under authority of this Act;

(c) "geothermal steam and associated geothermal resources" means (i) all products of geothermal processes, embracing indigenous steam, hot water and hot brines; (ii) steam and other gases, hot water and hot brines resulting from water, gas, or other fluids artificially introduced into geothermal formations; (iii) heat or other associated energy found in geothermal formations; and (iv) any byproduct derived from them;

(d) "byproduct" means any mineral or minerals (exclusive of oil, hydrocarbon gas, and helium) which are found in solution or in association with geothermal steam and which have a value of less than 75 per centum of the value of the geothermal steam or are not, because of quantity, quality, or technical difficulties in extraction and production, of sufficient value to warrant extraction and production by themselves;

(e) "known geothermal resources area" means an area in which the geology, nearby discoveries, competitive interests, or other indicia would, in the opinion of the Secretary, engender a belief in men who are experienced in the subject matter that the prospects for extraction of geothermal steam or associated geothermal resources are good enough to warrant expenditures of money for that purpose.

Aot of 1970.
Definitions.

SEC. 3. Subject to the provisions of section 15 of this Act, the Secre- Leases. tary of the Interior may issue leases for the development and utilization of geothermal steam and associated geothermal resources (1) in lands administered by him, including public, withdrawn, and acquired lands, (2) in any national forest or other lands administered by the Department of Agriculture through the Forest Service, including public, withdrawn, and acquired lands, and (3) in lands which have been conveyed by the United States subject to a reservation to the United States of the geothermal steam and associated geothermal resources therein.

SEC. 4. If lands to be leased under this Act are within any known Bids. geothermal resources area, they shall be leased to the highest responsible qualified bidder by competitive bidding under regulations formulated by the Secretary. If the lands to be leased are not within any known geothermal resources area, the qualified person first making application for the lease shall be entitled to a lease of such lands without competitive bidding. Notwithstanding the foregoing, at any time Conversion. within one hundred and eighty days following the effective date of this

Act:

(a) with respect to all lands which were on September 7, 1965, subject to valid leases or permits issued under the Mineral Leasing Act of February 25, 1920, as amended (30 U.S.C. 181 et seq.), or 41 Stat. 437. under the Mineral Leasing Act of Acquired Lands, as amended (30 U.S.C. 351, 358), or to existing mining claims located on or prior to September 7, 1965, the lessees or permittees or claimants or their successors in interest who are qualified to hold geothermal

61 Stat. 913.

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