An Act to authorize the Secretary of the Interior to construct, operate, and maintain the Touchet division, Wash Walla project, Oregon, Washington, and for other purposes
PL 91-307 (S.743), enacted 07/07/1970

84 STAT. ] 
PUBLIC LAW 91-307-JULY 7, 1970 
409 
Public Law 91-307 
AN A C T 
July 7, 1970 
To authorize the Secretary of the Interior to coiistniet. ojierate. and maintain 
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the Toiichet division. Walla Walla project, Oregon-Washington, and for 
other purposes. 
Be if enacted hy the Senate and House of RepreHentat'ivea of the 
United States of America in Congress assembled. That (a) for pur- 
waiia waua 
poses of supplying irrigation water initially for approximately ten wTih^ ' "^^^" 
thousand acres of land, providing municipal and industrial water, 
flood control, the enhancement of fish and wildlife resources, and the 
enhancement of recreation opportunities, the Secretary of the Interior 
(hereinafter referred to as the Secretary) is authorized to construct, 
operate, and maintain the Touchet division of the Walla Walla proj-
ect, Oregon-Washington, in accordance with the Federal reclamation 
laws (Act of June 17, 1902, e
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2 Stat. 388, and Acts amendatory thereof 
or supplementary thereto). The principal works of the division (here- ^^^^jg^^^ ^^^ ^'""^ 
inafter referred to as the project) shall consist of the Dayton Dam 
and Reservoir, fish passage facilities, a diversion dam, and associated 
drainage facilities. 
(b) The Secretary is authorized to construct the Dayton Dam and 
Dayton D
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Reservoir, con-
Keservoir to the physical limitations oi the site and to recognize the struction. 
cost of providing such additional capacity as a deferred obligation to 
be paid, in accordance with section 2 of this Act, at such time as the 
additional storage capacity is contracted for: Provided^ That until 
such additional storage capacity is contracted for, operation and 
maintenance costs attributable to the excess capacity shall be funded 
and added to the construction costs allocated to deferred capacity. 
(c) In order to assure a realization of the fish ahd wildlife enhance- . ^^sh and wiid-
meiit benefits contemplated by this Act, the Secretary shall adopt benem"!^'^"^ ''^" 
appropriate measures to insure the maintenance of a streamflow 
between Dayton Dam and the mouth of the Walla Walla River that is 
not less than thirty cubic feet per second unless he determines that a 
water shortage or other emergencies exist or that lesser flows would be 
adequate for the maintenance of fish life. 
SEC. 2. Irrigation r-epayment contracts shall provide for repay- 
irrigation repay-
ment of the obligation assumed thereunder with respect to any con-
tract unit over a period of not more than fifty years, exclusive of any 
development period authorized by law. Construction costs allocated 
to irrigation 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). ^^^^^^ 
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SEC. 3. The conservation and development of the fish and wildlife 
resources and the enhancement of recreation opportunities in connec-
tion with the Touchet division shall be in accordance with the provi-
sions of the Federal Water Project Recreation Act (79 Stat. 213). All J,l^^^ ^^^^'^^ 
costs allocated to the enhancement of anadromous fish species shall be 
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nonreimbursable. 
SEC. 4. The interest rate used for purposes of computing interest ^^^^^^^^l^ T^'^'h 
during construction and, where appropriate, interest on the unpaid secretary. 
balance of the reimbursable obligations assumed by non-Federal 
entities 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 averaije interest rate payable by the Treas-
ury upon its outstanding marketable public obligations which are 
neither due nor callable for redemption from fifteen years from the 
date of issue, adjusted to the nearest one-eighth of 1 per centum. 
410 
PUBLIC LAW 91-308-JULY 7, 1970 
[84 STAT. 
Water supply 
gjj^^ 5 YoY R period of ten years from the date of eiiactnient of this 
p r o v i s i o n . 
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Act, no water from the project authorized by this Act 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 
f^iil^^'i^^^i^^'^* 
of 1949, or any amendment thereof, if the total supply of such com-
7 u s e 14J1 note. 
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modity for the marketing year in which the bulk oi the crop would 
normally be markeied is in excess of the normal supply as defined in 
section 301(b) (10) of the Agricultural Adjustment Act of 1938, as 
7^ul*c'i3^o¥^' 
amended, unless the Secretary of Agriculture calls for an increase in 
production of such commodity in the interest of national security. 
Appropriations. 
gg^. 6. (a) There are hereby authorized to be appropriated to the 
United States Fish and Wildlife Service, for transfer to the Bureau of 
Reclamation, such sums as may be required to cover separable and 
joint construction costs of the Touchet division, Walla Walla project, 
allocable to the enhancement of anadromous fish as determined by cost 
allocation studies comparable to those set forth in House Docu-
ment Numbered 155, Eighty-ninth (^ongress, second session. 
(b) There are authorized to be appropriated to the Bureau of Rec-
lamation for construction of the works involved in the Touchet divi-
sion $22,774,000 (January 1969 prices), less the amounts authorized 
by subsection (a) of this section. 
(c) The total sums authorized to be appropriated by subsection (a) 
and subsection (b) of this section shall be plus or minus such amounts, 
if any, as may be required by reason of changes in the cost of construc-
tion work of the types involved therein as shown by engineering cost 
indexes, and, in addition thereto, such sums as may be required to o|)er-
ate and maintain such division: Provided, That funds appropriated 
pursuant to the authority contained in subsection (b) of this section 
.'ihall be expended only if the amount thereof is increased in any given 
fiscal year by a proportionate amount appropriated pursuant to 
subsection (a) of this section. 
Approved July 7, 1970. 
Public Law 91-308 
July 7, 1970 
^^ 
ACT 
[S. 2315] 
To amend the Land and Water Conservation Fund Act of 1!)65, as amended, and 
for other purposes. 
Land and Water 
Conservation Fund 
Be it enacted hy the Senate and House of Rejyresentatlves of the 
United States of America in Congress assembled, That subsection 1 (d) 
Xcro7l965.Vmen°* of the Act of July 15, 1968 (Public Law 90-401, 82 Stat. 354), is 
ment. 
amended by deleting "March 31, 1970." and inserting in lieu thereof 
nole "^"^ "^^^^^ 
"December 31, 1971." 
Annual fees. 
SEC. 2. Scctiou 2(a) (i) of the Land and Water Conservation Fund 
Act of 1965 (78 Stat. 897; 16 U.S.C. 4601-5(a) (i)) is amended by 
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deleting "not more than $7" and inserting in lieu thereof "not more 
than $10". 
SEC. 3. Section 8 of the Land and Water Conservation Fund Act of 
82 Stat. 355. 
19^5 (7g g^..^^ gg^)^ ^s amended (16 U.S.C. 4601-lOa), is amended by 
deleting "of fiscal years 1969 and 1970" and inserting "fiscal year". 
teloTu' ^"'''^^ 
^^^- ^- ^ ^ ^^ before February 1, 1971, the Secretary of the Interior 
shall complete a survey as to the policy to be implemented with regard 
{o entrance and user fees and report his findings to the Senate and 
House Committees on Interior and Insular Affairs. 
Approved July 7, 1970.