Volume 85 · 798
Public Law 92–222
Authorizing additional appropriations for prosecution of projects in certain comprehensive river basin plans for flood control, navigation, and for other purposes.
Approved December 23, 1971
Statutory text
An Act
Authorizing additional appropriations for prosecution of projects in certain comprehensive river basin plans for flood control, navigation, and for other purposes.
December 23, 1971
[S. 2887]
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That
in addition to previous authorizations, there is hereby authorized to be appropriated for the prosecution of the comprehensive plan of development of each river basin under the jurisdiction of the Secretary of the Army referred to in the first column below, which was basically authorized by the Act referred to by date of enactment in the second column below, an amount not to exceed that shown opposite such river basin in the third column below:
| Basin | Act of Congress | Amount |
|---|---|---|
| Alabama-Coosa River | Mar. 2, 1945 | $38, 000, 000 |
| Arkansas River | June 28, 1938 | 57, 000, 000 |
| Brazos River | Sept. 3, 1954 | 20, 000, 000 |
| Central and southern Florida | June 30, 1948 | 18, 000, 000 |
| Columbia River | June 28, 1938 | 130, 000, 000 |
| Mississippi River and tributaries | May 15, 1928 | 97, 000, 000 |
| Missouri River | June 28, 1938 | 101, 000, 000 |
| North Branch, Susquehanna River | July 3, 1958 | 17, 000, 000 |
| Ohio River | June 22, 1936 | 62, 000, 000 |
| Quachita River | May 17, 1950 | 1, 000, 000 |
| San Joaquin River | Dec. 22, 1944 | 44, 000, 000 |
| South Platte River | May 17, 1950 | 37, 000, 000 |
| Upper Mississippi River | June 28, 1938 | 2, 000, 000 |
| White River | June 28, 1938 | 4, 000, 000 |
The total amount authorized to be appropriated by this section shall not exceed $628,000,000.
Sec. 2.
The Chief of Engineers, under the direction of the Secretary of the Army, is hereby authorized to perform such work as may be required, including the construction of dikes, to prevent shoaling near the pumping plant intake of the FrazerWolf Point irrigation unit on the Fort Peck Indian Reservation, located on the north bank of the Missouri River about thirty miles downstream from the Fort Peck Dam, at an estimated cost of $335,000 subject to the provision that the Bureau of Indian Affairs, Department of the Interior, obtain all necessary lands, easements, and rights-of-way, and maintain the project after completion.
Sec. 3.
That in connection with the improvements authorized by section 6 of the Act approved October 3, 1962 (76 Stat. 704, 706), to be undertaken on the Crow Creek Sioux Reservation in South Dakota, the Secretary of the Army is authorized and directed to provide the following under plans approved by the Crow Creek Sioux Tribal Council, at an estimated cost of $800.000:
in connection with the community center building which serves as the Crow Creek Tribal Council offices: offices or conference rooms for visiting Bureau of Indian Affairs personnel, auditorium facilities, sufficient offices and conference rooms for tribal offices, and an adequately sized and equipped kitchen to serve community gatherings;
adequate water, sewer, and drainage facilities;
a street lighting system throughout the townsite;
widening of streets and provision of off street residential parking;
sufficient parking near the community center for community gatherings;
The Secretary of the Interior is hereby authorized and directed
Reimbursement.
to reimburse the Crow Creek Sioux Tribe, from appropriations authorized by subsection (a) of this section, for all attorneys’ fees and engineering fees, and expenses related thereto, as approved by the Secretary of the Interior, that the tribe has incurred or will incur in obtaining and implementing legislation to remedy difficulties arising from implementation of the Act of October 3, 1962 (76 Stat. 704), but such reimbursement shall not exceed a total of $22,500.
Sec. 4.
Section 221 of the Flood Control Act of 1970 (84 Stat. 1824, 1831) is amended by striking the period at the end of subsection (f),
substituting a comma therefor, and adding the following: “or to the assurances for future demands required by the Water Supply Act of 1958, as amended.”
72 Stat. 320.
43 USC 390b note.
Chiltipin Creek.Tex., survey.
Sec. 5.
The Secretary of the Army, acting through the Chief of Engineers, is hereby authorized to cause a survey to be made for flood control and allied purposes, including channel and major drainage improvements, and floods aggravated by or due to wind or tidal effects on Chiltipin Creek at and in the vicinity of Sinton, Texas.
Sec. 6.
The project for flood protection on Fourmile Run, city of
Fourmile Run, Va., project modification.
Alexandria and Arlington County, Virginia, approved by resolutions of the Committees on Public Works of the United States Senate and House of Representatives, dated June 25, 1970, and July 14, 1970, respectively, in accordance with the provisions of section 201 of the Flood Control Act of 1965 (Public Law 89–298), is hereby modified
79 Stat. 1073.
to provide that the Secretary of the Army, acting through the Chief of Engineers, shall replace the George Washington Memorial Park-way bridge over Fourmile Run, at Federal expense, substantially as recommended by the Chief of Engineers in his report dated March 2, 1970, published as House Document Numbered 91–358.
Sec. 7.
The project for flood control and improvement of the lower
Tiptonville to Obion River, Tenn.
Mississippi River, adopted by the Act of May 15, 1928 (45 Stat. 534), as amended and modified, is hereby further modified to provide that local cooperation to be hereafter furnished in connection with the Obion River Diversion aspect of the Tiptonville to Obion River, Tennessee project, authorized by the Act approved June 22, 1936, and
49 Stat. 1570.
amended by the Act approved July 24, 1946, shall consist of the requirement
60 Stat. 634.
that local interests agree to maintain the completed works in accordance with the provisions of section 3 of the Act of May 15, 1928, and hold and save the United States free from damages due to
45 Stat. 535.
the construction works.
Sec. 8.
Nothing in any prior Act of Congress, committee report, or congressional document, shall be construed as requiring the State of West Virginia, in connection with the construction of the Stonewall Jackson Lake, West Fork River, West Virginia, and the Rowlesburg Lake project, Cheat River, West Virginia, to furnish assurances that it will hold and save the United States free from any claims for damages from storage of water.
Sec. 9.
The Act entitled “An Act to provide for municipal use of
Benbrook Reservoir, Tex.
storage water in Benbrook Dam, Texas” approved July 24, 1956 (70 Stat. 632) as amended by Public Law 91–282, is further amended by
84 Stat. 312.
inserting immediately after the end of the Act the following:
“The Secretary of the Army is authorized to contract with the city of Arlington, Texas, for the use of water supply storage in the Ben-brook Reservoir for municipal water supply for any storage not used by the city of Fort Worth or the Benbrook Water and Sewer Authority, for a period not to exceed four years or until such time as the water supply storage is needed for navigation purposes, whichever first occurs.”
Sec. 10.
In order to protect the environment, promote safety, and
Perry Reservoir, Kans.
provide access to the public use recreation area around Perry Reser-voir, Kansas, the Secretary of the Army, acting through the Corps of Engineers, is authorized and directed, notwithstanding any other provision of law, to take such action as may be necessary to improve the following roads in the vicinity of the Perry Reservoir area, Kansas:
The road leading north from United States Highway Numbered 24, at Perry, Kansas, to an intersection with a black top road east of the dam, consisting of approximately three miles;
The road on the west side of Perry Reservoir beginning at the north end of Delaware State Park running north and west and intersecting State Highway K Numbered 92 approximately one and one half miles west of Ozawkie, Kansas, consisting of approximately six miles; and
The road beginning on State Highway K Numbered 92, one mile east of Old Town Public Use Area, and running north approximately eight miles to intersect with State Highway K Numbered 4 and State Highway K Numbered 16 east of Valley Falls, consisting of approximately nine miles.
In carrying out such improvements, the Secretary of the Army shall be authorized to realign and grade such roads, and to pave such roads with a plant-mix bituminous surface (including chemical stabilization), in accordance with secondary road standards of the State of Kansas.
Sec. 11.
In order to provide adjustments in the lands or interests in land heretofore acquired for the Verdigris River portion of the McClellan-Kerr River Navigation Project in Oklahoma to conform such acquisition to a lesser estate in lands now being acquired to complete the real estate requirements of the project the Secretary of the Army (hereinafter referred to as the “Secretary”) is authorized to reconvey any such land heretofore acquired to the former owners thereof whenever he shall determine that such land is not required for public purposes, including public recreational use, and he shall have received an application for reconveyance as hereinafter provided, subject to the following limitations:
No reconveyance shall be made if within thirty days after the last date that notice of the proposed reconveyance has been published by the Secretary in a local newspaper, an objection in writing is received by the former owner and the Secretary from a present record owner of land abutting a portion of the reservoir made available for reconveyance, unless within ninety days after receipt by the former owner and the Secretary of such notice of objection, the present record owner of land and the former owner involved indicate to the Secretary that agreement has been reached concerning the reconveyance.
If no agreement is reached between the present record owner of land and the former owner within ninety days after notice of objection has been filed with the former owner and the Secretary, the land made available for reconveyance in accordance with this section shall be reported to the Administrator of General Services for disposal in accordance with the Federal property and Administrative Services Act of 1949, as amended
(63 Stat. 377).
Any such reconveyance of any such land or interests shall be made only after the Secretary (1) has given notice, in such manner (including publication) as regulations prescribe to the former owner of such land or interests, and (2) has received an application for the reconveyance of such land or interests from such former owner in such form as he shall by regulation prescribe. Such application shall be made within a period of ninety days following the date of issuance of such notice, but on good cause the Secretary may waive this requirement.
Any reconveyance of land therein made under this section shall be subject to such exceptions, restrictions, and reservations (including a reservation to the United States of flowage rights) as the Secretary may determine are in the public interest, except that no mineral rights may be reserved in said lands unless the Secretary finds that such reservation is needed for the efficient operation of the reservoir project designated in this section.
Any land reconveyed under this section shall be sold for an amount determined by the Secretary to be equal to the price for which the land was acquired by the United States, adjusted to reflect (1) any increase in the value thereof resulting from improvements made thereon by the United States (the Government shall receive no payment as a result of any enhancement of values resulting from the construction of the reservoir project specified in subsection (a) of this section), or (2) any decrease in the value thereof resulting from (A) any reservation, exception, restrictions, and condition to which the reconveyance is made subject, and (B) any damage to the land caused by the United States. In addition, the cost of any surveys or boundary markings necessary as an incident of such reconveyance shall be borne by the grantee.
The requirements of this section shall not be applicable with respect to the disposition of any land, or interest therein, described in subsection (a) if the Secretary shall certify that notice has been given to the former owner of such land or interest as provided in subsection (b) and that no qualified applicant has made timely application for the reconveyance of such land or interest.
As used in this section the term “former owner” means the person
“Former owner”
from whom any land, or interests therein, was acquired by the United States, or if such person is deceased, his spouse, or if such spouse is deceased, his children or the heirs at law; and the term “present
“Present record owner of land.”
record owner of land” shall mean the person or persons in whose name such land shall, on the date of approval of this Act, be recorded on the deed records of the respective county in which such land is located.
The Secretary of the Army may delegate any authority conferred upon him by this section to any officer or employee of the Department of the Army. Any such officer or employee shall exercise the authority so delegated under rules and regulations approved by the Secretary.
Any proceeds from reconveyances made under this Act shall be covered into the Treasury of the United States as miscellaneous receipts.
This section shall terminate three years after the date of its
Termination date.
enactment.
Sec. 12.
The project for Whiteoak Dam and Reservoir on Whiteoak
Whiteoak Dam and Reservoir, Ohio, project modification.
Creek. Ohio, Ohio River Basin, for flood protection and other purposes, is hereby authorized substantially in accordance with the recommendations of the Secretary of the Army in his report on the Development of Water Resources in Appalachia, dated April 1971, at an estimated cost of $40,031,000, except that no funds shall be appropriated to carry out this section until the project is approved by the Appalachian Regional Commission and the President.
Sec. 13.
The Lower Monumental Lock and Dam Project, Snake
Lower Monumental Lock and Dam Project, Wash., modification.
River, Washington, authorized by the River and Harbor Act approved March 2, 1945 (59 Stat. 10), is hereby modified to provide that the United States shall perform, or pay the cost of performance of, such measures as the Secretary of the Army determines are or may have been necessary to protect any railway bridge or structure from damage caused by the project.
The Secretary of the Army in making the determination required by subsection (a) of this section shall charge to the owner of any such bridge or structure an amount equal to the net value to such owner of any direct and special benefits accruing to the owner from any improvement or addition to or betterment of the bridge or structure, including any expectable decrease in repair, maintenance, or operating expense.
Sec. 14.
This Act may be cited as the “River Basin Monetary Authorization Act of 1971”.
Approved December 23, 1971.