Public Law 90–136

That the Secretary of the Interior is hereby authorized to construct, operate, and maintain in accordance with the Federal reclamation laws (Act of June 17,

43 USC 391 note.

1902 (32 Stat. 388), and Acts amendatory thereof or supplementary thereto) the Nebraska Mid-State division, Missouri River Basin project, Nebraska, for the principal purposes of furnishing a surface irrigation water supply for approximately one hundred and forty thousand acres of land, aiding in the replenishment of the ground water supply of the area for domestic and agricultural use, controlling Hoods, conserving and developing fish and wildlife, enhancing recreation opportunities, and producing hydroelectric power. The principal works of the project shall consist of a diversion dam on the Platte River, a main supply canal, an interconnected reservoir system, hydroelectric power facilities, wasteways, pumps, drains, canals, laterals, distribution facilities, and related works.

Sec. 2.

The Nebraska Mid-State division shall be integrated, physically and financially, with the other Federal works in the Missouri River Basin constructed or authorized to be constructed under the comprehensive plans approved by section 9 of the Act of December 22, 1944 (58 Stat. 891), as amended and supplemented, and shall be a division of the Missouri River Basin project therein approved and authorized.

Sec. 3.

The interest rate used for computing interest during construction and interest on the unpaid balance of the capital costs allocated to interest-bearing features of the Nebraska Mid-State division 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.

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 lie delivered to any water user for the production on newly irrigated lands of any basic agricultural commodity, as defined in the Agricultural Act of

63 Stat. 1051.

7 USC 1421 note.

1949, or any amendment thereof, if the total supply of such commodity for the marketing year hi which the bulk of the crop would normally be marketed is in excess of the normal supply as defined in section

52 Stat. 41.

7 USC 1301.

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 provision of land, facilities, and project modifications which furnish outdoor recreation and fish and wildlife enhancement benefits in connection with the Nebraska Mid-State division shall be in accordance with the provisions of the Federal Water Project Recreation Act (79 Stat. 213).

16 USC 460l–12.

Appropriation.

Sec. 6.

There is authorized to be appropriated for construction of the Nebraska Mid-State division as authorized in this Act, the sum of $106,135,000 (January 1967 price levels) 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 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 division

Sec. 7.

In order to assure repayment of the irrigation portion of this project, no funds shall be appropriated for construction nor shall any construction be started until firm and binding contracts have been signed by the owners of the full one hundred and forty thousand acres of land to be irrigated from waters furnished by the Mid-State reclamation project, said contracts to be certified by the Mid-State Board of Directors.