An Act to authorize and modify various Federal reclamation projects and programs, and for other purposes.
PL 94-228 (S.151), enacted 03/11/1976

PUBLIC LAW 94-228—MAR. 11, 1976 
90 STAT. 205 
Public Law 94-228 
94th Congress 
An Act 
To authorize and modify various Federal reclamation projects and programs, 
and for other purposes. 
Mar. 11, 1976 
[S. 151] 
Be it enacted hy the Senate and House of Representatives of the 
United States of America in Congress assembled, That this Act shall Reclamation 
be known as the Reclamation Authorization Act of 1975. 
Authorization Act 
of 1975. 
TITLE I 
POLECAT BENCH, WYOMING 
SEC. 101. The Polecat Bench area of the Shoshone extensions unit, 
heretofore authorized as an integral part of the Pick-Sloan Missouri 
Basin program by the Act of December 22, 1944 (58 Stat. 887, 891), 
is hereby reauthorized as a part of that project. The construction, 
operation, and maintenance of the Polecat Bench area for the purposes 
of providing irrigation water for approximately nineteen thousand 
two hundred acres of land, municipal and industrial water supply, 
fish and wildlife conservation and development, public outdoor rec-
reation, and other purposes shall be prosecuted by the Secretary of 
the Interior in accordance with the Federal reclamation laws (Act 
of June 17,1902; 32 Stat. 388, and Acts amendatory thereof or supple-
mentary thereto). The principal features of the Polecat Bench area 
shall include the Hoi 
den Reservoir, related canals, pumping plants, 
laterals, drains, and necessary facilities to effect the aforesaid purposes 
of the area. For a period of not more than two years after the initial 
availability of irrigation water up to two thousand two hundred and 
seventeen acres of public lands in the Polecat Bench area determined 
to be suitable for settlement purposes shall be made available, on a 
preference basis for exchange or amendment, to resident landowners 
on the Heart Mountain Division of the Shoshone project, who, on 
or before December 1, 1968, were determined by the Secretary to be 
eligible for such exchange or amendment of their farm units under 
provisions of the Act of August 13, 1953 (67 Stat. 566). 
SEC. 102. The conservation and development of the fish and wildlife 
resources and the enhancement of recreation opportunities in con-
nection with the Polecat Bench area shall be in accordance with the 
Federal Water Project Recreation Act (79 Stat. 213), as amended. 
SEC. 103. The Polecat Bench area of the Shoshone extensions unit 
shall be integrated physically and financially with the other Federal 
works constructed under the comprehensive 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 water 
users' ability to repay as determined by the Secretary of the Interior; 
and the terms of such contracts shall not exceed fifty years following 
the permissible development period. 
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90 STAT. 206 
PUBLIC LAW 94-228—MAR. 11, 1976 
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SKC. 104. The provisions of the third sentence of section 46 of the 
xVct of May 25, 1926 (44 Stat. 649, 650), and any other similar pro-
visions of Federal reclamation laws as applied to the Polecat Bench 
area of the Shoshone extensions unit are hereby modified to provide 
that lands held in a single ownership which may be elitrible to receive 
water from, through, or by means of area 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. 105. 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 Agri-
cultural Act of 1949, 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 --iOl(b) (10) of the Agricultural Adjustment Act of 
1938 (52 Stat. 31, 41), as amended, unless the Secretary of Agriculture 
calls for an increase in production of such commodity in the interest 
of national security. 
SEC. 106. The interest rate used for computing interest during con-
struction and interest on the unpaid balance of the reimbursable costs 
of the Polecat Bench area shall be determined by the Secretary of the 
Ti'easury, as of the beginning of the fiscal year in which construction 
of the Polecat Bench area 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 
fifteen years from date of issue. 
SEC. 107. There is hereby authorized to be appropriated for con-
struction of the Polecat Bench area of the Shoshone extensions unit the 
sum of $46,000,000 (January 1975 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 and, in addition thereto, such sums as 
may be required for operation and maintenance of the works of said 
area. 
T I T L E I I 
lUCKIXSOX DAM, XORTII DAKOTA 
SEC. 201. The Secretary of the Interior is authorized to modify the 
spillway of Dickinson Dam on the Heart River in the State of North 
Dakota, to increase conservation storage by installing gates on the 
existing spillway. The Secretary is also authorized to construct a new 
spillway to assure the safety of Dickinson Dam from floods currently 
estimated to be capable of occurrence. 
SEC. 202. The Secretary is authorized to enter into an amendatory 
repayment contract with the city of Dickinson, North Dakota, to 
accomplish the repayment of that portion of the cost of the work 
authorized herein properly allocable to municipal and industrial water 
supplies in not to exceed forty years from completion of construction: 
Provided. 
That the total cost of the new spillway and related works 
incurred for the safety of the structure shall be nonreimbursable and 
nonrotunuible. 
PUBLIC LAW 94-228—MAR. 11, 1976 
90 STAT. 207 
SEC. 203. The interest rate used for purposes of computing interest Interest rate 
during construction and interest on the unpaid balance of tlie capital 
costs allocated to interest-bearing features of the works authorized 
herein 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 for fifteen years from date of issue. 
SEC. 204. There is hereby authorized to be appropriated for con-
struction of works authorized by this title the sum of $4,000,000 
(January 1975 price levels) plus or minus such amounts as may be 
justified by reason of ordinary fluctuations in construction costs as 
indicated by engineering cost indexes applicable to the types of con-
struction involved herein. 
TITLE III 
Appropriation 
authorization. 
MC KAY DAM AND RESERVOIR, OREGON 
SEC. 301. McKay Dam and Reservoir, Umatilla project, Oregon, is 
hereby reauthorized for the purposes of irrigation, flood control, fish 
and wildlife, recreation, and safety of dams, and the costs thereof shall 
be reallocated among these purposes by the Secretary of the Interior 
(hereinafter referred to as the "Secretary"), in a manner consistent 
with the provisions of this title. 
SEC. 302, The Secretary is authorized to perform modifications to 
the spillway structure at McKay Dam as he determines to be reason-
ably required for safety of the dam from failure due to overtopping 
by potential flood inflows to the reservoir. 
SEC. 303. Not to exceed six thousand acre-feet of storage capacity 
in McKay Reservoir shall be allocated for the primary purpose of 
retaining and regulating flood flows. 
SEC. 304. Costs incurred in the modification of McKay Dam to 
insure its safety from failure shall be nonreimbursable and nonreturn-
able. All other costs of McKay Dam and Reservoir, her-etofore or here-
inafter incurred, shall be allocated among the authorized purposes 
served by the dam and reservoir in accordance with standard cost 
allocation procedures, and the joint costs allocated to flood control, 
recreation, and fish and wildlife shall be nonreimbursable. 
SEC. 305. The Secretary is authorized to enter into amendatory 
repayment contracts with the Stanficlci and Westland Irrigation 
Districts, or other water user-s, if appropriate, to secure the return of 
reimbursable irrigation construction and operation and maintenance 
costs arising from the modification and reallocation of McKay Dam 
and Reservoir. 
SEC. 306, There is hereby authorized to be appropriated for mod-
ification of McKay Dam the sum of $1,300,000 (based on July 1975 
prices), plus or minus such amounts, if any, as may be justified by 
reason of changes in construction costs as indicated by engineering 
cost indexes applicable to the types of construction involved, and, in 
addition thereto sums as may be required for operation and mainte-
nance of McKay Dam and Reservoir. 
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90 STAT. 208 
PUBLIC LAW 94-228—MAR. 11, 1976 
TITLE IV 
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POLLOCK-HERREID UNIT, SOUTH DAKOTA 
SEC. 401. The Secretary of the Interior is hereby authorized to con-
struct, operate, and maintain in accordance with the Federal reclama-
tion laws (Act of June 17, 1902; 32 Stat. 388, and Acts amendatory 
thereof or supplementary thereto) the Pollock-Herreid unit, South 
Dakota pumping division, Pick-Sloan Missouri Basin program, South 
Dakota, for the purposes of providing irrigation water service for 
approximately fifteen thousand acres of land, municipal and industrial 
water supply, and fish and wildlife conservation and development. 
The principal works of the project would include the main pumping 
plant located at Lake Oahe, the storage reservoir created by the exist-
ing Oahe Dam on the Missouri Eiver, to lift water into Lake Pocasse, a 
subimpoundment on tributary Spring Creek, which would serve as a 
regulating reservoir; a system of main canals and laterals; relift 
pumping plants; drains; and the necessary facilities to effect the 
aforesaid purposes of the area. 
SEC. 402. The conservation and development of the fish and wildlife 
resources in connection with the Pollock-Herreid unit shall be in 
accordance with the provisions of the Federal Water Project Recrea-
tion Act (79 Stat. 213) as amended. 
SEC. 403. The Pollock-Herreid unit shall be integrated physically 
and financially with the other Federal works constructed under the 
comprehensive plan approved by section 9 of the Flood Control Act of 
December 22,1944 (58 Stat. 887, 891), as amended and supplemented. 
SEC. 404. 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 deliv-
ered to any water user for the production on newly irrigated lands of 
any basic agricultural commodity, as defined in the Agricultural Act 
of 1949, or any amendment thereof, if the total supply of such a com-
modity 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 1^38 (52 
Stat. 31, 41), as amended, unless the Secretary of Agriculture calls for 
an increase in production of such commodity in the interest of national 
security. 
SEC. 405. The interest rate used for computing interest during 
construction and interest on the unpaid balance of the interest bearing 
reimbursable costs of the 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 interest rate payable by the Treasury upon its outstanding 
marketable public obligations which are neither due or callable for 
fifteen years from date of issue. 
SEC. 406. 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 Pollock-Herreid 
unit, South Dakota pumping division, 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. 
PUBLIC LAW 94-228—MAR. 11, 1976 
90 STAT. 209 
SEC. 407. There is hereby authorized to be appropriated for con- Appropriation 
struction of the PoUock-Herreid unit, as authorized in this title, the authorization, 
sum of $26,000,000 (January 1975 price levels), plus or minus such ^^ USC 
amounts, if any, as may be justified by reason of changes in construe- ol5////-6. 
tion costs as indicated by engineering cost indexes applicable to the 
types of construction involved herein and, in addition thereto, such 
sums as may be required for operation and maintenance of the works 
of said unit. 
Approved March 11, 1976. 
LEGISLATIVE HISTORY: 
HOUSE REPORT No. 94-694 accompanying H.R. 10537 (Comm. on Interior and 
Insular Affairs). 
SENATE REPORT No. 94-350 (Comm. on Interior and Insular Affairs). 
CONGRESSIONAL RECORD: 
VoL 121 (1975): Aug. 1, considered and passed Senate. 
Vol. 122 (1976): Jan. 20, considered and passed House, amended, in lieu of H.R. 
10537 
Feb. 25, Senate agreed to House amendment. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS: 
Vol. 12, No. 11 (1976): Mar. 11, Presidential statement.