An Act to authorize various Federal reclamation projects and programs, and for other purposes.
PL 94-423 (S.3283), enacted 09/28/1976

90 STAT. 1324 
PUBLIC LAW 94-423~SEPT. 28, 1976 
Sept. 28, 1976 
[S. 3283] 
Reclamation 
Authorizations 
Act of 1976. 
Public Law 94-423 
94th Congress 
An Act 
To authorize various Federal reclamation projects and programs, and for other 
purposes. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America 
in Congress assembled^ That this Act shall 
be known as the Reclamation Authorizations Act of 1976. 
T I T L E 
I 
Kanopolis 
Reservoir area. 
KANOPOLIS UNIT, KANSAS 
^ 
. 
> 
SEC. 101. The Kanopolis unit, heretofore authorized as an integral 
part of the Pick-Sloan Missouri Basin program by the Act of Decem-
*.., 
ber 22, 1944 (58 Stat. 887, 891), is hereby reauthorized as part of that 
project. The construction, operation, and maintenance of the Kanoj)-
olis unit for the purposes of providing irrigation water for approxi-
mately twenty thousand acres of land, municipal and industrial water 
supply, fish and wildlife conservation and development, environmental 
preservation, and other purposes shall be prosecuted by the Secretary 
of the Interior in collaboration with the Secretary of the Army acting 
through the Chief of Engineers, in accordance with the Federal 
43 use 391 note, reclamation laws (Act of June 17,1902; 32 Stat. 388, and Acts amenda-
tory thereof or supplementary thereto). The principal features of 
the Kanopolis unit shall include the modification of the existing 
Kanopolis Dam and Lake, an irrigation diversion structure, the 
Kanopolis north and south canals, laterals, drains, and necessary 
facilities to effect the aforesaid purposes of the unit. 
SEC. 102. Upon expiration of existing leases for agricultural use of 
publicly owned lands, in the Kanopolis Reservoir area, the Secretary 
of the Army is authorized to enter into a management agreement 
covering said lands with the Kansas Forestry, Fish and Game Com-
mission. The Secretary of the Army is further authorized to include 
provisions in such operating agreements whereby revenues deriving 
from future use of said reservoir lands for agricultural purposes may 
be retained by the game commission to the extent that they are utilized 
for wildlife management purposes at Kanopolis Reservoir. 
SEC. 103. The Kanopolis unit shall be integrated physically and 
financially 
with the other Federal works constructed under the com-
prehensive plan approved by section 9 of the Flood Control Act of 
December 22,1944 (58 Stat. 887, 891), as amended and supplemented. 
Repayment contracts for the return of construction costs allocated to 
irrigation will be based on the irrigator's ability to repay as deter-
mined by the Secretary of the Interior, and the terms of such contract 
shall not exceed fifty years following the permissible development 
period. Repayment contracts for the return of costs 
allocated to 
municipal and industrial water supply shall be under the jurisdiction 
of the Secretary of the Army, and such contracts shall be prerequisite 
to the initiation of construction of facilities authorized by this title. 
Costs allocated to environmental preservation and fish and wildlife 
shall be nonreimbursable and nonreturnable under Federal reclamation 
law. 
Repayment 
contracts. 
PUBLIC LAW 94-423—SEPT. 28, 1976 
90 STAT. 1325 
7 use 1301. 
Interest rate. 
SEC. 104. For a period of ten years from the date of enactment of 
this title, no water from the unit authorized by this title shall be 
delivered to any water user for the production on newly irrigated lands 
of any basic agricultural commodity, as defined in the Agricultural 
Act of 1949 (63 Stat. 1051; 7 U.S.C. 1421), or any amendment thereof, 7 USC1421 note 
if the total supply of such commodity for the marketing year in which 
the bulk of the crop would normally be marketed is in excess of the 
normal supply as defined in section 301(b) (10) of the Agricultural 
Adjustment Act of 1938 (62 Stat. 1251), as amended, unless the Sec-
retary of Agriculture calls for an increase in production of such com-
modity in the interest of national security. 
SEC. 105. The interest rate used for computing interest during con-
struction and interest on the unpaid balance of the reimbursable costs 
of the Kanopolis unit shall be determined by the Secretary of the 
Treasury, as of the beginning of the fiscal year in which construction 
of the unit is commenced, on the basis of the computed average inter-
est rate payable by the Treasury upon its outstanding marketable 
public obligations which are neither due nor callable for fifteen years 
from date of issue. 
SEC. 106. The provisions of the third sentence of section 46 of the 
Act of May 25, 1926 (44 Stat. 649, 650), and any other similar pro-
visions of Federal reclamation laws as applied to the Kanopolis unit, 
Pick-Sloan Missouri Basin program, are hereby modified to provide 
that lands held in a single ownership which may be eligible to receive 
water from, through, or by means of, unit works shall be limited to one 
hundred and sixty acres of class I land or the equivalent thereof in 
other land classes, as determined by the Secretary of the Interior. 
SEC. 107. There is hereby authorized to be appropriated for fiscal 
year 1978 and thereafter, for construction of the Kanopolis unit, the 
sum of $30,900,000 (January 1976 price levels) plus or minus such 
amounts, if any, as may be justified by reason of changes in construc-
tion costs as indicated by engineering cost indexes applicable to the 
types of construction involved. Of the funds authorized to be appro-
priated by this section, the Secretary of the Interior shall transfer 
to the Secretary of the Army all except those required for post-
authorization planning, design, and construction of the single use 
irrigation facilities of the unit, and the Secretary of the Army shall 
utilize such transferred funds for implementation of all other aspects 
of the authorized unit. There are also authorized to be appropriated 
such sums as may be required for operation and maintenance of the 
works of said unit. 
TITLE II 
Lands eligible to 
receive water, 
limitation. 
43 USC 423e. 
Transfer of funds. 
O R O V I L L E - T O N A S K E T U N I T , 
WASHINGTON 
SEC. 201. For purposes of supplying water to approximately ten 
thousand acres of land and for enhancement of the fish resource of the 
Similkameen, Okanogan, and Columbia Rivers and the Pacific Ocean, 
the Secretary of the Interior (hereinafter referred to as the "Secre-
tary") is authorized to construct, operate, and maintain the Oroville-
Tonasket unit extension, Okanogan-Similkameen division, Chief 
Joseph Dam project, Washington, in accordance with the Federal 
reclamation laws (Act of June 17,1902,32 Stat. 388, and Acts amenda-
tory thereof or supplementary thereto). The principal works of the 
Oroville-Tonasket unit extension (hereinafter referred to as the 
project) shall consist of pumping plants, distribution systems; neces-
sary works incidental to the rehabilitation or enlargement of portions 
43 USC 391 note. 
90 STAT. 1326 
PUBLIC LAW 94-423—SEPT. 28, 1976 
Contracts. 
43 use 485h. 
Construction 
costs, repayment 
period. 
16 use 460Z-12 
note. 
7 u s e 1421 note. 
Interest rate. 
of the existing irrigation system to be incorporated in the project; 
drainage works; and measures necessary to provide fish passage and 
propagation in the Similkameen Kiver. Irrigation works constructed 
and rehabilitated by the United States under the Act of October 9, 
1962 (76 Stat. 761) and which are not required as a part of the project 
shall be dismantled and removed with funds appropriated hereunder 
and title to the lands and right-of-way thereto which were conveyed 
to the United States shall be reconveyed to the Oroville-Tonasket 
Irrigation District. All other irrigation works which are a part of the 
Oroville-Tonasket Irrigation District's existing system and which are 
not required as a part of the project or that do not have potential as 
rearing areas for fish shall be dismantled and removed with funds 
appropriated hereunder. 
SEC. 202. The Secretary is authorized to terminate the contract of 
December 26, 1964, between the United States and the Oroville-
Tonasket Irrigation District and to execute new contracts for the 
payment of project costs, including the then unpaid obligation under 
the December 26, 1964, contract. Such contracts shall be entered into 
pursuant to section 9 of the Act of August 4, 1939 (53 Stat. 1187). 
The term of such contract shall be fifty years, exclusive of any develop-
ment period authorized by law. The contracts for irrigation water 
may provide for the assessment of an account charge for each identifi-
able ownership receiving water from the project. Such charge, together 
with the acreage or acre-foot charge, shall not exceed the repayment 
capacity of commercial family-size farm enterprises as determined on 
the basis of studies by the Secretarj^ Project construction costs covered 
by contracts entered into pursuant to section 9(d) of the Act of 
August 4,1939, as determined by the Secretary, and which are beyond 
the ability of the irrigators to repay shall be charged to and returned 
to the reclamation fund in accordance with the provisions of section 2 
of the Act of June 14, 1966 (80 Stat. 200), as amended by section 6 of 
the Act of September 7, 1966 (80 Stat. 707). The aforesaid contract 
shall provide that irrigation costs properly assignable to privately 
owned recreational lands shall be repaid in full within fifty years 
with interest. 
SEC. 203. Power and energy required for irrigation water pumping 
for the project, including existing irrigation works retained as a part 
of the project, shall be made available by the Secretary from the Fed-
eral Columbia River power system at charges determined by him. 
SEC. 204. The provision of lands, facilities, and any project modifica-
tions which furnish fish and wildlife benefits in connection with the 
project shall be in accordance with the Federal Water Project Recrea-
tion Act (79 Stat. 213), as amended. All costs allocated to the anadro-
mous fish species shall be nonreimbursable. 
SEC. 205. For a period of ten years from the date of enactment of 
this title, no water from the project authorized by this title shall be 
delivered to any water user for the production on newly irrigated 
lands of any basic apricultural commodity, as defined in the Agricul-
tural Act of 1949 (63 Stat. 1051; 7 U.S.C. 1421), or any amendment 
thereof, if the total supply of such commodity for the marketing year 
in which the bulk of the crop would normally be marketed is in excess 
of the normal supplv as defined in section 301 (b) (10) of the Agricul-
tural Adjustment Act of 1938 (62 Stat. 1251; 7 U.S.C. 1301), as 
amended, unless the Secretary of Agriculture calls for an increase in 
production of such commodity in the interest of national security. 
SEC. 206. The interest rate used for purposes of computing interest 
during construction and, where appropriate, interest on the unpaid 
PUBLIC LAW 94-423—SEPT. 28, 1976 
90 STAT. 1327 
balance of the reimbursable obligations assumed by non-Federal enti-
ties 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 from fifteen years from the date of 
issue. 
SEC. 207. The provisions of the third sentence of section 46 of the 
Act of May 25, 1926 (44 Stat. 649, 650), and any other similar pro-
visions of Federal reclamation laws as applied to the Oroville-
Tonasket unit, are hereby modified to provide that lands held in a 
single ownership which may be eligible to receive water from, through, 
or by means of unit works shall be limited to one hundred and sixty 
acres of class I land or the equivalent thereof in other land classes as 
determined by the Secretary of the Interior. 
SEC. 208. There is hereby authorized to be appropriated for construc-
tion of the works and measures authorized by this title for the fiscal 
year 1978 and thereafter the sum of $39,370,000 (January 1976 prices), 
plus or minus such amounts, if any, as may be required by reason of 
changes in the cost of construction work of the types involved therein 
as shown by engineering cost indexes. There are also authorized to be 
appropriated such sums as may be required for the operation and 
maintenance of the project. 
Lands eligible to 
receive water, 
limitation. 
43 u s e 423e. 
TITLE III 
ITIKTAH U N r r , UTAH 
SEC. 301. Pursuant to the authorization for construction, operation, 
and maintenance of the Uintah unit, central Utah project, Utah, as 
provided in section 1 of the Act of April 11, 1956 (70 Stat. 105), as 43 USC 620. 
amended by section 501(a) of the Colorado River Basin Project Act 
(82 Stat. 897), there is authorized to be appropriated for fiscal year 
1978 and thereafter, for the construction of said Uintah unit, the sum 
of $90,247,000 (based on January 1976 price levels) plus or minus such 
amounts, if any, as may be required by reason of changes in construc-
tion costs as indicated by engineering cost indexes applicable to the 
type of construction involved. 
SEC. 302. Notwithstanding any other provision of law, lands held in 
a single ownership which may be eligible to receive water from, 
through, or by means of the Uintah works shall be limited to one 
hundred and sixty acres of class I land or the equivalent thereof in 
other land classes, as determined by the Secretary of the Interior. 
43 USC 620, 620 
note, 620a, 620k 
note. 
Single ownership 
lands, limitation. 
TITLE IV 
AMERICAN CANAL EXTENSION, EL PASO, TEXAS 
SEC. 401. The Secretary of the Interior, acting pursuant to the Fed-
eral reclamation laws (Act of June 17, 1902; 32 Stat. 388, and Acts 43 USC 391 note, 
amendatory thereof and supplementary thereto), in order to salvage 
water losses, eliminate hazards to public safety, and to facilitate com-
pliance with the convention between the United States and Mexico 
concluded May 21, 1906, providing for the equitable division of the 
waters of the Rio Grande, is authorized as a part of the Rio Grande 
project. New Mexico-Texas, to construct, operate, and maintain, wholly 
within the United States, extensions of the American Canal approxi-
mately thirteen miles in total length, commencing in the vicinity of 
89-194 0—78—pt. 1-
90 STAT. 1328 
PUBLIC LAW 94-423—SEPT. 28, 1976 
Repayment 
contract. 
International Dam, El Paso, Texas, and extending to Riverside Head-
ing; together with laterals, pumping plants, wasteways, and appurte-
nant facilities as required to assure continuing irrigation service to the 
project. Existing facilities no longer required for project service shall 
be removed or obliterated as a part of the program herein authorized. 
SEC. 402. Construction of the American Canal extension shall not be 
undertaken until the Secretary of the Interior has entered into a repay-
ment contract with the El Paso County Water Improvement District 
Number 1, in which said irrigation district contracts to repay to the 
United States, for fifty years, an annual sum representing the value of 
eleven thousand six hundred acre-feet of salvaged water at a price per 
acre-foot established by the Secretary on the basis of an up-to-date 
payment capacity determination. Costs of the American Canal in 
excess of those repaid by the El Paso County Water Improvement 
District Number 1 shall be nonreimbursable and nonreturnable in 
recognition of benefits accruing to public safety and international 
considerations. 
SEC. 403. There is hereby authorized to be appropriated for fiscal 
year 1978 and thereafter for construction of the American Canal exten-
sion the sum of $21,714,000 (January 1976 price levels), plus or minus 
such amounts, if any, as may be required by reason of changes in the 
cost of construction work of the types involved therein as shown by 
engineering cost indexes. There are also authorized to be appropriated 
such sums as may be required for the operation and maintenance of the 
project. 
TITLE V 
43 u s e 391 note. 
Allen Camp Dam 
and Reservoir. 
Integration and 
coordination with 
Central Valley 
project. 
Lands eligible to 
receive water, 
limitation. 
Road and 
bridges, 
replacement. 
ALLEN CAMP UNIT, 
CALIFORNIA 
SEC. 501. For the purposes of providing irrigation water supplies, 
controlling floods, conserving and developing fish and wildlife 
resources, enhancing outdoor recreation opportunities, and for other 
related purposes, the Secretary of the Interior, acting pursuant to the 
Federal reclamation laws (Act of June 17,1902, 32 Stat. 388 and Acts 
amendatory thereof or supplementary thereto), is authorized to con-
struct, operate, and maintain the Allen Camp unit. Pit River division, 
as an addition to, and an integral part of, the Central Valley project, 
California. The principal works of the unit shall consist of Allen 
Camp Dam and Reservoir and necessary water diversion, conveyance, 
distribution, and drainage facilities, and other appurtenant works for 
the delivery of water to the unit, a wildlife refuge, channel rectifica-
tion works and levees, and recreation facilities. 
SEC. 502. Subject to the provisions of this title, the operation of the 
Allen Camp unit shall be integrated and coordinated, from both a 
financial and an operational standpoint, with the operation of other 
features of the Central Valley project in such manner as will effectu-
ate the fullest, most beneficial, and most economic utilization of the 
water resources hereby made available. 
SEC. 503. Notwithstanding any other provision of law, lands held 
in a single ownership which may be eligible to receive water from, 
through, or by means of the Allen Camp unit works shall be limited 
to one hundred and sixty acres of class I land or the equivalent thereof 
in other land classes, as determined by the Secretary of the Interior. 
SEC. 504. The costs of the Allen Camp unit allocated to flood con-
trol, conservation and development of fish and wildlife resources, and 
the enhancement of recreation opportunities shall be nonreimbursable. 
SEC. 505. The Secretary is hereby authorized to replace those roads 
and bridges now under the jurisdiction of the Secretary of Agriculture 
PUBLIC LAW 94-423—SEPT. 28, 1976 
90 STAT. 1329 
which will be inundated or otherwise rendered unusable by construc-
tion and operation of the unit. Said replacements are to be the stand-
ards (including provisions for the future) which would be used by the 
Secretary of Agriculture in constructing similar roads to provide 
similar services. 
SEC. 506. For a period of ten years from the date of enactment of 
this title, no water from the unit authorized by this title shall be 
delivered to any water user for the production on newly irrigated lands 
of any basic agricultural commodity, as defined in the Agricultural 
Act of 1949 (63 Stat. 1051; 7 U.S.C. 1421), or any amendment thereof, 
if the total supply of such commodity for the marketing year in which 
the bulk of the crop would normally be marketed is in excess of the 
normal supply as defined in section 301(b) (10) of the Agricultural 
Adjustment Act of 1938 (62 Stat. 1251), as amended, unless the Sec-
retary of Agriculture calls for an increase in production of such com-
modity in the interest of national security. 
SEC. 507. There is hereby authorized to be appropriated for fiscal 
year 1978 and thereafter the sum of $64,220,000 (January 1976 price 
levels) for the construction of the Allen Camp unit, plus or minus 
such amounts as are justified by reason of ordinary fluctuations in 
construction costs as indicated by engineering cost indexes applicable 
to the construction of works related to the Allen Camp unit. There are 
also authorized to be appropriated such sums as may be required to 
operate and maintain said unit and associated facilities. 
7 use 1421 note. 
7 use 1301. 
TITLE VI 
LEADVILLE MINE DRAINAGE TUNNEL, COLORADO 
SEC. 601. The Secretary of the Interior is authorized to rehabilitate Rehabilitation, 
the federally owned Leadville Mine drainage tunnel. Lake County, 
Colorado, by installing a concrete-lined, structural steel-supported, 
t «-;u 
eight-foot-diameter, horseshoe-shaped tunnel section extending for an 
approximate distance of one thousand feet inward, from the portal 
of said tunnel or for the distance required to enter structurally com-
petent geologic formations. The Secretary is further authorized to 
maintain the rehabilitated tunnel in a safe condition and to monitor 
the quality of the tunnel discharge. 
SEC. 602. There is authorized to be appropriated for fiscal year 1978 
and thereafter $2,750,000 (January 1976 price levels) for the rehabili-
tation of the tunnel. There is also authorized to be appropriated such 
sums as are necessary for maintenance of the rehabilitated tunnel, 
water quality monitoring and investigations leading to recommenda-
tions for treatment measures if necessary to bring the quality of the 
tunnel discharge into compliance with applicable water quality stat-
utes. All funds authorized to be appropriated by this title, together 
with such sums as have been expended for emergency work on the 
Leadville Mine drainage tunnel by the Bureau of Keclamation, shall 
be nonreimbursable, 
TITLE VII 
M GEE CREEK PROJECT, OKLAHOMA 
SEC. 701. The Secretary of the Interior is authorized to construct, eonstruction, 
operate, and maintain the McGee Creek project, Oklahoma, in accord- operation, 
ance with the Federal Keclamation laws (Act of June 17,1902,32 Stat. 
388, and Acts amendatory thereof or supplementary thereto) and the 
43 USe 391 note. 
90 STAT. 1330 
PUBLIC LAW 94^423—SEPT. 28, 1976 
Rules and 
regulations. 
Interest rate. 
provisions of this title for the purposes of storing, regulating, and 
conveying water for municipal and industrial use, conserving and 
developing fish and wildlife resources, providing outdoor recreation 
opportunities, developing a scenic recreation area, developing a wild-
life management area and controlling floods. The principal physical 
works of the project shall consist of a dam and reservoir on McGee 
Creek, appurtenant conveyance facilities and public outdoor recreation 
facilities. 
Privately owned 
SEO. 702. To provide for the protection, preservation, use, and 
lands, purchase, 
enjoyment by the general public of the scenic and esthetic values of 
the canyon area adjacent to the upper portion of the McGee Creek 
Reservoir, the Secretary of the Interior is hereby authorized to pur-
chase privately owned lands, not to exceed twenty thousand acres, for 
the aforesaid scenic recreation and wildlife management areas. The 
Secretary of the Interior is also authorized to construct such facilities 
as he determines to be appropriate for utilization of the scenic and 
wildlife management areas for the safety, health, protection, and 
compatible use by the visiting public. 
SEC. 703. The Secretary of the Interior shall make such rules and 
regulations as are necessary to carry out the provisions and intent of 
section 702 of this title and may enter into an agreement or agreements 
with a non-Federal public body or bodies for operation and main-
tenance of the scenic recreational and wildlife management areas. 
SEC. 704. The interest rate used for computing interest during 
construction and interest on the unpaid balance of the reimbursable 
costs of the project shall be determined by the Secretary of the 
Treasury, as of the beginning of the fiscal year in which construction 
, 
of the project 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. 
Contracts. 
SEC. 705. (a) The Secretary of the Interior is authorized to enter 
into a contract with a qualified entity or entities, for delivery of water 
and for repayment of all the reimbursable construction costs. All costs 
of acquiring, developing, operating, and maintaining the scenic recrea-
tion and wildlife management areas authorized by section 702 of this 
title shall be nonreimbursable. 
(b) Construction of the project shall not be commenced until the 
contracts and agreements required by this title have been entered into. 
(c) Upon execution of the contract referred to in section 705(a) of 
this title, and upon completion of construction of the project, the Sec-
retary of the Interior shall transfer to a qualified contracting entity 
or entities the care, operation, and maintenance of the project works; 
and, after such transfer is made, will reimburse, subject to such 
amounts as may be provided in the appropriation Acts, the contractor 
annually for that portion of the year's operation and maintenance 
costs, which, if the United States had continued to operate the project, 
would have been nonreimbursable. Prior to assuming care, operation, 
and maintenance of the project works the contracting entity or entities 
shall agree to operate them in accordance with regulations prescribed 
by the Secretary of the Army with respect to flood control, and by the 
Secretary of the Interior with respect to fish, wildlife, and recreation. 
Permanent right 
(d) Upon execution of the contract referred to in section 705(a) of 
of usage. 
this title, and upon completion of construction of the project, the con-
tracting entity or entities, their designee or designees, shall have a 
permanent right to use the reservoir and related facilities of the McGee 
Creek project in accordance with said contract. 
Transfer of care, 
operation, and 
maintenance. 
PUBLIC LAW 94-423—SEPT. 28, 1976 
90 STAT. 1331 
SEC. 706. The conservation and development of the fish and wildlife 
resources, and the enhancement of recreation opportunities in connec-
tion with the McGee Creek project, except the scenic recreation and 
wildlife management areas authorized by section 702 of this title, 
shall be in accordance with provisions of the Federal Water Project 
Kecreation Act (79 Stat. 213), as amended. 
16 USC 460/-12 
SEC. 707. There is hereby authorized to be appropriated for fiscal "ot«-
year 1978 and thereafter, for construction of the McGee Creek project 
the sum of $83,239,000 (January 1976 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 appli-
cable to the type of construction involved herein. There are also 
authorized to be appropriated such additional sums as may be required 
for the operation and maintenance of the project. 
Approved September 28, 1976. 
LEGISLATIVE HISTORY: 
HOUSE REPORT No. 94-1382 accompanying H.R. 14578 (Comm. on Interior and 
Insular Affairs). 
SENATE REPORT No. 94-1122 (Comm. on Interior and Insular Affairs). 
CONGRESSIONAL RECORD, Vol. 122 (1976): 
Aug. 6, considered and passed Senate. 
Aug. 26, considered and passed House, amended, in lieu of H.R. 14578. 
Sept. 13, Senate concurred in House amendments.