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
PL 91-415 (S.2808), enacted 09/25/1970

866 
PUBUC LAW 91-415-SEPT. 25,1970 
[84 STAT. 
September 25, 1970 
[S. 2808] 
Public Law 91-415 
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. 
Missouri River 
Basin project, 
N. Dak. 
Garrison diver-
sion unit, Minot 
extension. 
43 u s e 371 and 
note. 
33 u s e 466 
note. 
Repayment con-
tracts, terms. 
43 u s e 485a. 
43 use 485h. 
Survey require-
ments, exception. 
43 use 390a. 
Interest rates. 
Maintenance. 
Criteria. 
Be it eTiacted hy the Senate and Hrnxse 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 avail-
able 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 iden-
tifiable 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. (a) Costs of the project, or any unit or sta^e 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 with-
out regard to the last sentence of subsection 9(c) of the Reclamation 
Project Act of 1939 (53 Stat. 1187). 
(b) 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). 
(c) The interest rate used for computing interest during construc-
tion 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. 
(d) 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 
shall be obligated to operate them in accordance with criteria estab-
lished by the Secretary of the Interior with respect to fish and wildlife 
and recreation. 
16 u s e 460Z. 
12 note. 
84 STAT. ] 
PUBLIC LAW 91-416-SEPT. 25, 1970 
867 
SEC. 4. The conservation and development of fish and wildlife and°recrel?ion" 
resources and the enhancement of recreation opportunities in con-
nection with the Minot extension shall be in accordance with the 
provisions of the Federal Water Projects Recreation Act (79 Stat. 
213). 
SEC. 5. There is authorized to be appropriated for the construction "Appropriation. 
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 engineer-
ing 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, 
Public Law 91-416 
A N A C T 
September 25, 1970 
To amend the Act of June 13, 1962 (76 Stat. 96), with resi)ect to the Navajo 
^^- ^"^^ 
Indian irrigation project. 
Be it enacted hy the Senate and House of Representaiices 
of the 
United States of America in Congress assembled^ That the Act of . Navajo Indian 
June 13, 1962 (76 Stat. 96), is amended as follows: 
'"3%s°c?61sif.''" 
(a) By deleting "and" in the first sentence of section 3(a) immedi- eisyy. 
ately preceding "townships 27" and by inserting immediately preced-
ing "New Mexico principal meridian", the following: "townships 26 
and 27 north, range 11 west, and townships 24, 25, and 26 north, ranges 
12 and 13 west,"; 
(b) By deleting "$135,000,000 (June 1961 prices)" in the first sen-
tence of section 7 and substituting in lieu thereof "$206,000,000 (April 
1970 prices)"; and 
(c) By adding the following subsection to section 3: 
" (d) Each permit that is in effect on lands declared to be held 
in trust for the Navajo Tribe pursuant to section 3(a) of 
this Act shall continue in effect for the term thereof unless the 
land is needed for irrigation purposes, subject to regulations 
applicable to permits of Indian lands, and upon its expiration 
it shall only be renewed on an annual basis until the land is 
required for irrigation purposes. When, in the judgment of the 
Secretary of the Interior, such land is required for irrigation 
purposes, the Secretary shall notify the permittee and the permit 
shall be deemed to be canceled, with no right of appeal. The per-
mittee shall be compensated by the Navajo Tribe for the reason-
able value of any range improvements of a permanent nature 
placed on the lands under authority of a permit or agreement 
with the United States, as determined by the Secretary of the 
Interior. Amounts paid to the United States by the Navajo Tribe 
out of tribal funds for the full appraised value of lands declared 
to be held in trust for the Navajo Tribe pursuant to section 3(a) 
of this Act shall be reduced by the amount of compensation paid 
by the Navajo Tribe to permittees pursuant to this subsection." 
SEC. 2. The Navajo Indian irrigation project shall be operated 
in such manner that identifiable flows of water will not cause the proj-
ect to be in violation of water quality standards promulgated pursuant 
to the Water Quality Act of 1965 (79 Stat. 903). 
33 use 466 note. 
Approved September 25, 1970.