An Act to provide for the construction, maintenance, and operation of the Michaud Flats project for irrigation in the State of Idaho
PL 83-741 (H.R.5499), enacted 08/31/1954

PUBLIC LAW 741-AUG. 31, 1954 
[68 S T A T . 
Date 
Statutes at large 
Chapter 
Title 
Section 
Volume 
U. S. Code 
Title 
Section 
1899—Mar. 3 . 
1902—Mar. 6. 
D o — 
D o . . . 
D o . . . 
D o . . . 
D o . . . 
D o . . . 
D o . . . 
D o . . . 
D o . . . 
D o . . . 
Apr. 28. 
1903—Jan. 12. 
1916—May 10 
Aug. 7-
D o . . . 
D o . . . 
1924—Apr. 2.. 
1927—Feb. 24. 
1929—Jan. 25. 
June 18. 
D o . . . 
D o . . . 
D o . . . 
D o . . . 
D o . . . 
D o . . . 
Do... 
1930—June 27. 
1931—Mar. 4. 
1939—.-Vug. 11 
1945—May 21 
1946—July 6--
Do. 
1948—June 19. 
1949—July 15. 
1950—Sept. 7. 
1954—June 18. 
419 
139 
139 
139 
139 
139 
139 
139 
139 
139 
139 
139 
594 
90 (part) 
117 
274 
274 
274 
189 
102 
28 
28 
28 
639 
490 
129 
541 
541 
502 
338 
910 
315 
Ill(part) 
Ill(part) 
III 
III 
III 
'10 
«11 (part) 
1 (part) 
1 (part) 
» 1, 2, 3. 4 
«5 
1
0 6 
II 1, 2, 3, 4, 
5,6 
1,2 
H 3 (part) 
4, 5, 6, 7, 8, 
9, 10, 11, 
12,13. 
"14 
15 
'«16 
15,16,17,18, 
19 
'21 
VI 
1,2,3 
301 (part) 
301 (part) 
301 (part) 
1,2,3 
607 
1,2,3 
1021 
51 
51 
51 
51 
51,52 
52 
52 
52 
52,53 
53 
53 
S138 
« 767 (768) 
'110 
436,437 
31,32 
121205 
I
S 1119 
21 
21,22 
22-25 
25 
25 
25 
25,26 
20 
821 
1517 
1406 
1
8 188 
i«466 
2
0 466 
478. 479 
441 
784, 785 
258 
13,39 
13 
13 
13 
13 
3,111 
101 
77, 112 
6 
4 
281 
8 
7,69 
81-84 
85 
86 
71-76 
41a 
9 
201,202 
111, 203 
204-213 
214, 337 
215 
216 
215-219 
1-8, 
71, 72, 
73-77, 101, 
112. 
72a 
113 
106, 106 note, 
107 
220 
220 
114 
121-123 
1442 
251-253 
131 
1 As amended by Acts June 7, 1906, ch. 3048, 34 Stat. 218, 219; June 25, 1947, ch. 124, 61 Stat. 163; Sept. 7, 
1950, ch. 910, § 4, 64 Stat. 785. 
2 As amended by Act Apr. 27,1904, ch. 1626, 33 Stat. 362. 
' All provisions not heretofore repealed by Act July 2, 1909, ch. 2, § 33, 36 Stat. 10. 
• All following the words "Public Printer" in such section, and preceding the period at the end thereof. 
' The first proviso in the fourth full paragraph on this page. 
• On page 768, all following "Representatives" in such Act, and preceding the period at the end thereof. 
' The first two provisos in the fourth paragraph on this page. 
• « As amended by Act July 25,1947, ch. 331, 61 Stat. 457, 458. 
• As added by Act July 25, 1947, ch. 331, 61 Stat. 457 (458). 
'o As added by Act of July 25,1947, ch. 331, 61 Stat. 457 (458). 
" As amended (sees. 2, 4, 6) by Acts June 14, 1938, ch. 358, 52 Stat. 678; June 28, 1949, ch. 256, §§ 1, 2, 63 
Stat. 278. 
'2 The second proviso appearing on this page. 
" The last proviso appearing on this page. 
» All provisions of this section, as amended by Act July 6, 1949, ch. 298, §§ 1. 2, 63 Stat. 406, except the 
second proviso in the second paragraph thereof, appearing on page 21 of Vol. 46, Statutes at Large. 
" As amended by Act June 25, 1948, ch. 645, § 7, 62 Stat. 860. 
'« As amended by Act July 16, 1952, ch. 912, 66 Stat. 736, 737. 
1' First sentence only. 
1' In the fifth full paragraph on this page, the words commencing with "reimbursement for" and ending 
with "or surveys;". 
i" In the first full paragraph on this page, the words commencing with "reimbursement for" and ending 
with "or surveys;". 
2
0 The first proviso in the first full paragraph on this page. 
Approved August 31, 1954. 
Public Law 741 
CHAPTER 1159 
AN ACT 
August 31, 1954 
[H. R. 5499] 
rpQ provide for the construction, maintenance, and operation of the Michaud 
Flats project for irrigation in the State of Idaho. 
Be it enacted hy the Senate and House of Representatives 
of the 
prSj^^tTMahol^** United States of America in Congress assembled^ That the Secretary 
of the Interior is authorized to construct, maintain, and operate the 
I, ntuh 
68 S T A T . ] 
PUBLIC LAW741-AUG. 31, 1954 
1021 
Michaud Flats project for irrigation in the State of Idaho substan-
tially in accordance with the plans set forth in the report of the 
Bureau of Reclamation Regional Director of Region 1, dated October 
22,1953, with such modifications as the Commissioner of Reclamation, 
with the approval of the Secretary, may find proper in order to pro-
vide for the most efficient accomplishment of all the purposes of 
such plans. Such construction, maintenance, and operation shall be 
in accordance with the Federal reclamation laws (Act of June 17, 
1902, 32 Stat. 388, and Acts amendatory thereof or supplementary 
thereto) as far as such laws are not inconsistent with the provisions 
of section 2 of this Act. 
SEC. 2. The project's water users shall be required to assume an 
obligation to repay out of that part of the total construction cost of 
the project which the Secretary determines to be properly allocable 
to irrigation, so much as the Secretary finds to be within their ability 
to repay prior to the time when, account being taken of the appli-
cation of power revenues as provided in part (b) of this section, full 
return of the irrigation allocation is accomplished. Such repayment 
shall be in accordance with the provisions of the Federal reclamation 
laws as modified with respect to the Michaud Flats project by the 
following: 
(a) Payments by the contracting organization shall be scheduled, 
under a contract conforming to the provisions of this Act, on the basis 
of uniform charges for like classes of land in each unit of such project 
which will result in the establishment of annual installments which are, 
as nearly as practicable, of an amount equal to the ability of such 
water users to pay in each year having regard to the volume of produc-
tion of such water users, prices they receive for their farm products, 
and their production and living costs. 
(b) Net power revenues received from the Palisades project, Idaho, 
and any developments combined therewith for payout purposes under 
the provisions of the second sentence of section 2 of the Act of Sep-
tember 30, 1950 (64 Stat. 1083), shall, after payout of said projects is 
accomplished pursuant to law, be applied (concurrently w4th continued 
payments.by the water users) to payment of the irrigation allocation 
of the Michaud Flats project until full repayment of said allocation is 
accomplished. 
(c) The Secretary of the Interior shall require that a replacement 
reserve of an amount sufficient to meet replacement costs likely to be 
incurred before the end of the repayment period established under the 
provisions of part (a) above, shall be established and maintained in 
connection with such Michaud Flats project. 
SEC. 3. (a) To aid in the development of not more than twenty-
one thousand acres of irrigable land in the Michaud division of the 
Fort Hall Indian Reservation, as heretofore authorized by the Act of 
February 4, 1931 (46 Stat. 1061), and hereby reauthorized for con-
struction, operation, and maintenance without regard to the provi-
sions of said Act, the Secretary is authorized— 
(1) to reserve for the benefit of those lands when needed, but 
without prejudice to the interim use thereof for other purposes 
proper under reclamation laws, eighty-three thousand and nine 
hundred acre-feet of storage capacity in Palisades Reservoir and 
forty-seven thousand and seven hundred acre-feet of that portion 
of the storage capacity in American Falls Reservoir which was 
set aside for lands in the Michaud area generally by section 3 of 
the Act of September 30, 1950 (64 Stat. 1083) ; and 
(2) to account for the return of so much of the cost of said 
development (including the cost of the aforesaid storage space 
in Palisades and American Falls Reservoirs) as the Secretary 
43 u s e 371 note,, 
R e p a y m e n t oj: 
costs. 
A n n u a l install-
ments. 
App 11 c ation of 
Palisades 
project 
revenues. 
Replacement re-
serve. 
Fort Hall Indian 
R e s e r v a t i on, 
Michaud division. 
Storage capacity 
reservation. 
Return of cost. 
1028 
PUBLIC LAW 741-AUG. 31, 1954 
[68 ST A T . 
25 u s e 386a. 
64 Stat. 1083. 
Conditions. 
Water 
s u p p l y 
limit. 
Sna k e 
R i v e r 
waters. 
Priority. 
Repe al. 
C r e d i t i n g 
o f 
Palisades 
project 
revenue s. 
Appropriation. 
•..Mc-ti 
,io 
»">-:"«» 
finds cannot be repaid by the water users on terms substantially 
similar to those provided in section 2 of this Act, except for the 
application of the provisions of the Act of July 1, 1932 (47 Stat. 
564), and the Act of March 1, 1907 (34 Stat. 1015, 1024), which 
are specifically made applicable to the project authorized by this 
section and Indian lands susceptible of irrigation under said 
project, by application of net power revenues of the Palisades 
project and any developments combined therewith for payout 
purposes under the provisions of the second sentence of section 2 
of the Act of September 30, 1950, after payout thereof is accom-
plished pursuant to law. 
(b) Construction of works to serve the Michaud division lands 
shall be undertaken only if, in consideration thereof and of the addi-
tional benefits authorized in the preceding sentence of this section, 
such appropriate arrangements as may be required in the circum-
stances are first made, by contract or otherwise, with respect to a 
water supply for said lands which, among other things— 
(1) limit that supply to the yield of the space in Palisades and 
American Falls Keservoirs as hereinbefore set forth and to that 
obtained by the pumping of ground water in an average annual 
amount of not more than twenty-two thousand and four hundred 
acre-feet; and 
(2) consent to a priority in time and right in such beneficial 
consumptive uses of the waters of the Snake River, and its tribu-
taries, as are established under the laws of the State of Idaho 
prior to the date of this Act as against any use of the waters 
arising on or flowing through the Fort Hall Bottoms within the 
Fort Hall Indian Reservation, including, but not limited to, the 
intercepted flow of Ross Fork Creek, the Portneuf River below 
Pocatello, Big Jimmy Creek, Big Spring Creek, and Clear Creek, 
for the irrigation of the lands of the Michaud division of the Fort 
Hall Indian Reservation. 
The United States consents to the making of the arrangements afore-
said, and its construction, operation, and maintenance of said works 
shall constitute a waiver of any of its rights to the use of waters aris-
ing on or flowing through the Fort Hall Bottoms within the Fort 
Hall Indian Reservation, including, but not limited to, the inter-
cepted flow of Ross Fork Creek, the Portneuf River below Pocatello, 
Big Jimmy Creek, Big Spring Creek, and Clear Creek, for the irri-
gation of the lands in the Michaud division of the Fort Hall Indian 
Reservation. 
SEC. 4. The Act of February 4, 1931 (46 Stat. 1061), authorizing 
the development of the Michaud division of the Fort Hall irrigation 
project is hereby repealed. 
SEC. 5. In crediting the net power revenues from the Palisades proj-
ect to the projects authorized in sections 2 and 3 of this Act, after 
payout of the Palisades project pursuant to law, said revenues shall 
be applied ratably to the two projects in proportion to the total con-
struction costs thereof. 
SEC. 6. (a) Except as provided in section 3 (b), nothing in this 
Act shall affect any rights in and to the waters of the Fort Hall In-
dian Reservation or the Snake River and its tributaries. 
(b) Nothing in this Act shall affect the land tenure, allotment, or 
ownership on the Fort Hall Indian Reservation. 
SEC. 7. There are hereby authorized to be appropriated, out of any 
moneys in the Treasury not otherwise appropriated, $5,500,000 for 
construction of the works authorized in section 1 of this Act, and 
$5,500,000 for construction of the works authorized in section 3 of 
68 S T A T . ] 
PUBLIC LAW 742-AUG. 31, 1954 
this Act, plus such additional amount, if any, as may be required by 
reason of changes in the costs of construction of the types involved in 
these projects, as shown by engineering indices. There are also au-
thorized to be appropriated such sums as may be required for the 
operation and maintenance of said works. 
Approved August 31, <1954. 
1029 
Public Law 742 
CHAPTER 1160 
AN ACT 
To create a National Monument Commission, and for other purposes. 
August 31, 1954 
[H. R. 6455] 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled^ That there is hereby 
created a National Monument Commission. 
Said Commission shall 
be composed of four Senators from the Senate of the United States to 
be appointed by the Vice President of the United States, four Repre-
sentatives of the House of Representatives of the United States to be 
appointed by the Speaker of that House, and four eminent citizens of 
the United States to be appointed by the President of the United 
States. The Commission shall be bipartisan and the terms of the 
first Commissioners shall be for one, two, three, and four years and 
subsequently shall be four years. Vacancies in the Commission shall 
be filled by the respective designator who appointed the original 
member. Members shall serve until their respective successors are 
appointed. 
The President shall, at the time of appointment, desig-
nate one of the members appointed by him to serve as Chairman. 
SEC. 2. It shall be the function of said Commission to secure plans 
and designs for a useful monument to the Nation symbolizing to the 
United States and the world, the ideals of a democracy as embodied 
in the five freedoms, speech, religion, press, assembly, and petition, 
sanctified by the Bill of Rights adopted by Congress in 1789 and later 
ratified by the States. 
Such plans shall be approved by the Secre-
tary of the Interior, the National Capital Planning Commission, and 
the Commission of Fine Arts, and thereafter submitted to Congress 
for legislative authorization. 
SEC. 3. Said monument shall be located on federally owned land 
within the George Washington Memorial Parkway adjoining the north 
boundary of Arlington National Cemetery west of Arlington Ridge 
Road and south of Arlington Boulevard on the heights overlooking 
the Potomac River. 
The monument, upon its completion, shall be 
administered by the Secretary of the Interior through the National 
Park Service, Department of the Interior. 
SEC. 4. Said monument shall serve as an international shrine and a 
continuing memorial to the principles of the five freedoms and to all 
peoples and nations who have contributed to the establishment, pro-
motion, and defense of those principles in the preservation of democ-
racy throughout the world. It may include an appropriate structure 
or structures to house cultural displays and exhibits or symbolic fea-
tures of national and international significance designed to accomplish 
the objectives of section 2 of this Act. 
SEC. 5. (a) Said Commission may establish rules and regulations 
governing its actions in carrying out the purposes of this Act. 
(b) The Commission members appointed from the Congress shall 
serve without additional compensation. 
Commission members ap-
pointed from private life shall receive $50 per diem when engaged in 
the performance of Commission duties. All Commission members 
shall receive reimbursement for necessary traveling and subsistence 
expenses incurred by them in the performance of Commission duties. 
National M o n u -
ment Commission. 
Creation. 
Function* 
L o c a t i o n 
of 
monument. 
Administration. 
Rules and regu-
lations. 
Compensation of 
members.