Volume 84 · 866
Public Law 91–415
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.
Approved September 25, 1970
Statutory text
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 Howe 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).
Sec. 2.
The Secretary is authorized to construct appropriate portions 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.
Sec. 3.
Costs of the project, or any unit or stage thereof, allocated to municipal water supply, shall be repayable, with interest, by 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 subsection 2(g) of the Reclamation Project Act of 1939 (53
Stat. 1187). Such contracts shall be executed before the commencement 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).
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).
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.
The Secretary is authorized to transfer to a qualified contracting 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
Criteria.
shall be obligated to operate them in accordance with criteria established by the Secretary of the Interior with respect to fish and wildlife and recreation.
Sec. 4.
The conservation and development of fish and wildlife
Conservation and recreation.
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).
Appropriation.
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.