An Act to amend the act of July 4, 1955, as amended, relating to the construction of irrigation distribution systems
PL 92-487 (H.R.9198), enacted 10/13/1972

804 
PUBLIC L
A
W 92-487-OCT. 13, 1972 
[86 STAT. 
October 
[H. R. 
Irrigati 
13, 1972 
9198] 
an dis-
tribution and 
drainage systems. 
Construction. 
43 u s e 
32 Stat 
43 u s e 
note. 
421a. 
388. 
371 and 
Loans. 
53 
Stat. 1187; 
72 
Stat. 542; 
76 
Stat. 407. 
43 
use 48Sa, 
48 
5h. 
Repayment 
contract. 
"Irrigation dis-
trict or other pub-
lic agency." 
Requirements. 
Public Law 92-487 
^ 
AN ACT 
''-''•' 
' 
^^'" ' 
•
" ' ' • 
- 
'•' 
To aiueud the Act of July 4,1955. as ameiidedl, relating to the constrnctlon 
of irrigation distribution systems. 
Be it enacted by the Senate and House of Re/presentaticeH of the 
United States of America in Congress assembled^ That the Act of 
July 4, 1955 (69 Stat. 245), as amended by the Act of May 14, 1956 
(70 Stat. 155), is hereby amended to read as follows: 
"That distribution and drainage systems authorized to be con-
structed under the Federal reclamation laws may, in lieu of construc-
tion by the Secretary of the Interior (referred to in this Act as the 
'Secretary'), be constructed by irrigation districts or other public 
agencies according to plans and specifications approved by the Sec-
retary as provided in this Act. The drainage systems referred to in 
this Act are those required for collection and removal of excess irri-
gation water, either on or below the surface of the ground and do not 
mclude enlargement or alteration of existing waterways for disposi-
tion of natural runoff. 
"SEC. 2. To assist financially in the construction of the aforesaid 
local distribution and drainage systems by irrigation districts and 
other public agencies the Secretary is authorized, on application there-
for by such irrigation districts or other public agencies, to make funds 
available on a loan basis from moneys appropriated for the con-
struction of such distribution and drainage systems to any irriga-
tion district or other public agency in an amount equal to the estimated 
construction cost of such system, contingent upon a finding by the 
Secretary that the loan can be returned to the United States in accord-
ance with the general repayment provisions of sections 2(d) and 
9(d) of the Reclamation Project Act of August 4, 1939, and upon a 
showing that such district or agency already holds or can acquire all 
lands and interests in land (except public and other lands or interests 
in land owned by the United States which are within the administrative 
jurisdiction of the Secretary and subject to disposition by him) 
necessary for the construction, operation, and maintenance of the 
f
)roject. The Secretary shall, upon approval of a loan, including any 
oan for a distribution and drainage system receiving water from the 
San Luis unit. Central Valley project, authorized by tne Act of June 3, 
1960 (74 Stat. 156), enter into a repayment contract which includes 
such provisions as the Secretary shall deem necessary and proper to 
provide assurance of prompt repayment of the loan within not to 
exceed forty years plus a development period not to exceed ten years. 
The term 'irrigation district or other public agency' shall for the 
purposes of this Act mean any conservancy district, irrigation dis-
trict, water users' organization, or other organization, which is orga-
nized under State law and which has capacity to enter into contracts 
with the United States pursuant to the Federal reclamation laws. 
"SEC. 3. The Secretary shall require, as conditions to any such 
loan, that the borrower contribute in money or materials, labor^ lands, 
or interests in land, computed at their reasonable value, a portion not 
in excess of 10 per centum, of the construction cost of the distribution 
and drainage system (including all costs of acquiring lands and inter-
ests in land), that the plans for the system be in accord with sound 
engineering practices and be such as will achieve the purposes for 
which the system was authorized, and that the borrower agree to 
account in full in regard to all disbursements of borrowed funds and 
to return at once for application toward amortization of the loan all 
funds which are not expended in the construction of the distribution 
and drainage system. Every organization contracting for repayment 
86 STAT. ] 
PUBLIC LAW 92-487-OCT. 13, 1972 
805 
of a loan under this Act shall operate and maintain its distribution and 
drainage works in conformity with reasonable contractual require-
ments determined to be appropriate for the protection of the United 
States. The Secretary is hereby authorized to reconvey to borrowers 
all lands or interests in lands and distribution works transferred to 
the United States under the provisions of this Act: Provided, That 
any reconveyance shall be upon the condition that the repayment con-
tract of the borrower be amended to include such provisions as the 
Secretary shall deem necessary or proper to provide assurance of 
and security for prompt repayment of the loan. The head of any 
department or agency of the Government within whose administrative 
jurisdiction are lands owned by the United States the use of which is 
reasonably necessary for the construction, operation, and maintenance 
of distribution and drainage works under this Act mav grant to a 
borrower or prospective borrower under this Act revocable permission 
for the use thereof in like manner as under the Acts of March 3,1891, 
sections 18 to 21 (26 Stat. 1101), as amended (43 U.S.C. 946-949), 
January 21, 1895 (28 Stat. 635), as amended (43 U.S.C. 956), Febru-
ary 15,1901 (31 Stat. 790), as amended (16 U.S.C. 79, 522; 43 U.S.C. 
959), February 1, 1905 (33 Stat. 628; 16 U.S.C. 524), March 1, 1921 
(41 Stat. 1194; 43 U.S.C. 950), May 9, 1941 (55 Stat. 183; 43 U.S.C. 
931a), July 24, 1946, section 7 (60 Stat. 643), as amended (43 U.S.C. 
931b), May 31, 1947 (61 Stat. 124; 38 U.S.C. Hi), February 5, 1948 
(62 Stat. 17; 25 U.S.C. 323-328), or September 3,1954 (68 Stat. 1146; 
43 U.S.C. 931c-931d), or any other similar Act which is applicable 
to the lands involved: Provided, That no such permission shall be 
granted in the case of lands being administered for national park, 
national monument, or wildlife purposes. 
"SEC. 4. Except as herein otherwise provided, the provisions of the 
Federal reclamation laws, and Acts amendatory thereto, are continued 
in full force and effect. 
"SEC. 5. Unless otherwise provided in the Act authorizing con-
struction of the project, the delivery and distribution of municipal 
and industrial water supplies shall be deemed to be an authorized proj-
ect purpose under this Act, and where appropriate, an allocation of 
loan funds acceptable to the Secretary shall be made between irriga-
tion and municipal and industrial purposes. Loan repayment con-
tracts shall require that the borrower pay interest on that portion of 
the unamortized loan obligation (including interest during con-
struction) allocated in each year to municipal and industrial purposes 
at the rate provided in the Act authorizing the project, or absent 
such an authorized rate, at a rate determined by the Secretary of 
the Treasury as of the beginning of the fiscal year in which the 
contract, or contract amendment entered into pursuant to section 6 
hereof, is executed, 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, and by adjusting such average rate 
to the nearest one-eighth of 1 per centum. 
"SEC. 6. The Secretary is hereby authorized to negotiate amend-
ments to existing water service and irrigation distribution system loan 
contracts to conform said contracts to the provisions of this Act. 
Reconveyance. 
44 Stat. 668. 
70A Stat. 675. 
72 Stat. 1254. 
38 use 5014. 
Restriction. 
32 Stat. 388. 
43 use 371 and 
note. 
Municipal and 
industrial water 
supply, delivery. 
Loan repayment 
contract require-
ments. 
Existing loans 
amendatory con-
tracts, negotiation. 
806 
PUBLIC LAW 92-488-OCT. 13, 1972 
[86 STAT. 
43 
383. 
60 
use 
Stat. 
372, 
1080 
72 Stat. 563. 
16 
Po 
use 
sf, p 
661 
816. 
''SEC. 7. Nothing in tliis Act shall be construed to repeal or limit 
the procedural and substantive requirements of section 8 of the Act 
of June 17,1902 (32 Stat. 388). 
"'SEC. 8. Works financed by loans made under this Act shall be 
subject to all procedural and substantive requirements of the Fish 
and Wildlife (Coordination Act (48 Stat, 401, as amended) ; the Fed-
eral Water Pollution Control Act, as amended (33 IT.S.C. 1151) ; and 
the National Environmental Policy Act of 1969 (83 Stat. 852; 42 
r . S . r . 4321)." 
Approved October 13, 1972. 
October 13, 1972 
[H. R. 6318] 
Public Law 92-488 
AN ACT 
To declare that certain federally owned lands shall be held by the United States 
in trust for the Burns Indian Colony, Oregon, and for other purposes. 
Burns Indian 
Colony, Greg. 
Lands in trust. 
40 u s e 401-411 
note. 
15 u s e 724-728 
note. 
Administration. 
Ante, 
p. 788. 
Claims offset 
against U.S. 
25 u s e 70a. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled^ That, subject to valid 
existing rights, all of the right, title, and interest of the United States 
in approximately seven hundred and sixty-two acres of land, and the 
improvements thereon, located in sections 1 and 12, towmship 23 south, 
range 30 east, Willamette meridian, Oregon, that were acquired under 
title II of the National Industrial Recovery Act of June 16, 1933 (48 
Stat. 200), the Emergency Relief Appropriation Act of April 8, 1935 
(49 Stat. 115), and section 55 of the Act of August 24, 1935 (49 Stat. 
750, 781), and that are now administered by the Secretary of the 
Interior for the benefit of the Burns Indian Colony, Oregon, are hereby 
declared to be held by the United States in trust for said colony, and 
to be an Indian reservation for the use and benefit of said colony. 
SEC. 2. Subject to valid existing rights, there shall also be held in 
trust for such Burns Indian Colony and added to the reservation 
established by section 1 of this Act, that certain parcel of land consist-
ing of ten acres, described as the northwest quarter northwest quar-
ter northwest quarter, section 13, township 23 south, range 30 east, 
Williamette meridian, Harney County, Oregon, which was conveyed 
on March 2, 1928, by warranty deed from the Egan Land Company, 
an Oregon corporation, to the United States of America, and which 
property has been used and occupied since purchase as a permanent 
camp or place of residence for the Burns Indian Colony of Harney 
County. 
SEC. 3. The property subject to this Act shall be administered in 
accordance with the laws and regulations applicable to Indian tribal 
property. 
SEC. 4. Section 1 of the Act of August 9, 1955 (69 Stat. 539), as 
amended, is hereby further amended by inserting after "the Fort 
Mojave Reservation" the words "the Burns Paiute Reservation,". 
SEC 5. The Indian Claims Commission is directed to determine 
in accordance with the provisions of section 2 of the Act of August 13, 
1946 (60 Stat. 1050), the extent to which the value of the beneficial 
interest conveyed by this Act should or should not be set off against 
any claim against the United States determined by the Commission 
Approved October 13, 1972.