An Act authorizing additional appropriations for prosecution of projects in certain comprehensive river basin plans for flood control, navigation, and for other purposes
PL 92-222 (S.2887), enacted 12/23/1971

798 
PUBLIC LAW 92-222-DEC. 23, 1971 
[85 STAT. 
December 23, 1971 
[S.2887] 
Public Law 92-222 
AN ACT 
Authorizing additional appropriations -for prosecution of projects in certain 
comprehensive river basin plans for flood control, navigation, and for other 
purposes. 
River Basin 
Monetary Author-
ization Act of 
1971. 
Limitation. 
Frazep-Wolf 
Point irrigation 
unit. 
Crow Creek 
Sioux Reserva-
tion, S. Dak., 
townsite construe 
tion. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled^ That (a) in addition 
to previous authorizations, there is hereby authorized to be appropri-
ated for the prosecution of the comprehensive plan of development of 
each river basin under the jurisdiction of the Secretary of the Army 
referred to in the first column below, which was basically authorized 
by the Act referred to by date of enactment in the second column 
below, an amount not to exceed that shown opposite such river basin 
in the third column below: 
Act of 
Basin 
Congress 
Amount 
Alabama-Coosa River 
Mar. 2, 1945 
$38, 000, 000 
Arkansas River 
June 28, 1938 
57, 000, 000 
Brazos River 
Sept. 3, 1954 
20,000,000 
Central and southern Florida 
June 30, 1948 
18, 000, 000 
Columbia River 
June 28, 1938 130, 000, 000 
Mississippi River and tributaries 
May 15, 1928 
97, 000, 000 
Missouri River 
June 28, 1938 101, 000, 000 
North Branch, Susquehanna River 
July 3, 1958 
17, 000, 000 
Ohio River 
June 22, 1936 
62, 000, 000 
Quachita River 
May 17, 1950 
1, 000, 000 
San Joaquin River 
Dec. 22, 1944 
44, 000, 000 
South Platte River___-_ 
May 17, 1950 
37, 000, 000 
Upper Mississippi River 
June 28, 1938 
2, 000, 000 
White River 
June 28, 1938 
4, 000, 000 
(b) The total amount authorized to be appropriated by this section 
shall not exceed $628,000,000. 
SEC, 2. The Chief of Engineers, under the direction of the Secretary 
of the Army, is hereby authorized to perform such work as may be 
required, including the construction of dikes, to prevent shoaling near 
the pumping plant intake of the Frazer-Wolf Point irrigation unit 
on the Fort Peck Indian Reservation, located on the north bank of 
the Missouri River about thirty miles downstream from the Fort Peck 
Dam, at an estimated cost of $335,000 subject to the provision that the 
Bureau of Indian Affairs, Department of the Interior, obtain all nec-
essary lands, easements, and rights-of-way, and maintain the project 
after completion. 
SEC. 3. (a) That in connection with the improvements authorized 
by section 6 of the Act approved October 3, 1962 (76 Stat. 704, 706), 
to be undertaken on the Crow Creek Sioux Reservation in South 
Dakota, the Secretary of the Army is authorized and directed to pro-
vide the following under plans approved by the Crow Creek Sioux 
Tribal Council, at an estimated cost of $800,000: 
(1) in connection with the community center building which 
serves as the Crow Creek Tribal Council offices: offices or confer-
ence rooms for visiting Bureau of Indian Affairs personnel, audi-
torium facilities, sufficient offices and conference rooms for tribal 
offices, and an adequately sized and equipped kitchen to serve 
community gatherings; 
(2) adequate water, sewer, and drainage facilities; 
(3) a street lighting system throughout the townsite; 
(4) widening of streets and provision of offstreet residential 
parking; 
(5) sufficient parking near the community center for community 
gatherings; 
85 STAT. ] 
PUBLIC LAW 92-222-DEC. 23, 1971 
799 
(b) The Secretary of the Interior is hereby authorized and directed 
Reimbursement. 
to reimburse the Crow Creek Sioux Tribe, from appropriations author-
ized by subsection (a) of this section, for all attorneys' fees and 
engineering fees, and expenses related thereto, as approved by the Sec-
retary of the Interior, that the tribe has incurred or will incur in 
obtaining and implementing legislation to remedy difficulties arising 
from implementation of the Act of October 3, 1962 (76 Stat. 704), 
but such reimbursement shall not exceed a total of $22,500. 
SEC. 4. Section 221 of the Flood Control Act of 1970 (84 Stat. 1824, 
^^ use i962d.. 
1831) is amended by striking the period at the end of subsection (f), sb, 
substituting a comma therefor, and adding the following: "or to the 
assurances for future demands required by the Water Supply Act of 
1958, as amended." 
\l l'^^- ^^^; 
SEC. 5. The Secretary of tlie Army, acting through the Cliief of note. 
p]ngineers, is hereby authorized to cause a survey to be made for flood chiitipin creek, 
control and allied purposes, including channel and major drainage 
^^'' ^"''^^y* 
improvements, and floods aggravated by or due to wind or tidal effects 
on Chiitipin Creek at and in the vicinity of Sinton, Texas. 
SEC. 6. The project for flood protection on Fourmile Run, city of 
Fourmue Run, 
Alexandria and Arlington County, Virginia, approved by resolutions modinca'tlon. 
of the Committees on Public Works of the United States Senate and 
House of Representatives, dated June 25, 1970, and July 14, 1970, 
respectively, in accordance with the provisions of section 201 of the 
Flood Control Act of 1965 (Public Law 89-298), is hereby modified 
79 Jta^ m3^_^ 
to provide that the Secretary of the Army, acting through the Chief 
of Engineers, shall replace the George Washington Memorial Park-
way bridge over Fourmile Run, at Federal expense, substantially as 
recommended by the Chief of Engineers in his report dated March 2, 
1970, published as House Document Numbered 91-358. 
SEC. 7. The project for flood control and improvement of the lower oMon'Rive"^'° 
Mississippi River, adopted by the Act of May 15, 1928 (45 Stat. 534), xenn. 
as amended and modified, is hereby further modified to provide that 
33 use 702a. 
local cooperation to be hereafter furnished in connection with the 
Obion River Diversion aspect of the Tiptonville to Obion River, Ten-
nessee project, authorized by the Act approved June 22, 1936, and 
^^ stat. 1570. 
amended by the Act approved July 24,1946, shall consist of the require- 
so stat. 634. 
ment that local interests agree to maintain the completed works 
in accordance with the provisions of section 3 of the Act of May 15, 
1928, and hold and save the United States free from damages due to 
45 stat. 535. 
the construction works. 
SEC. 8. Nothing in any prior Act of Congress, committee report, or 
congressional document, shall be construed as requiring the State of 
West Virginia, in connection with the construction of the Stonewall 
Jackson Lake, West Fork River, West Virginia, and the Rowlesburg 
Lake project. Cheat River, West Virginia, to furnish assurances that 
it will hold and save the United States free from any claims for dam-
ages f 
r-om storage of water. 
SEC. 9. The Act entitled "An Act to provide for municipal use of 
Benbrook Reset-
storage w^ater in Benbrook Dam, Texas" approved July 24, 1956 (70 ''°*'"' ^^''' 
Stat. 632) as amended by Public Law 91-282, is further amended by 
s^ stat. 312. 
inserting immediately after the end of the Act the following: 
"The Secretary of the Army is authorized to contract with the city 
of Arlington, Texas, for the use of water supply storage in the Ben-
brook Reservoir for municipal water supply for any storage not used 
by the city of Fort Worth or the Benbrook Water and Sewer Author-
ity, for a period not to exceed four years or until such time as the water 
supply storage is needed for navigation purposes, whichever first 
occurs." 
SEC. 10. (a) In order to protect the environment, promote safety, and ^^^J^ians^"' 
provide access to the public use recreation area around Perry Reser- ^°"' 
800 
PUBLIC LAW 92-222-DEC. 23, 1971 
[85 STAT. 
voir, Kansas, the Secretary of the Army, acting through the Corps of 
Engineers, is authorized and directed, notwithstanding any other pro-
vision of law, to take such action as may be necessary to improve the 
following roads in the vicinity of the Perry Reservoir area, Kansas: 
(1) The road leading north from United States Highway Num-
bered 24, at Perry, Kansas, to an intersection with a black top 
road east of the dam, consisting of approximately three miles; 
(2) The road on the west side of Perry Reservoir beginning at 
the north end of Delaware State Park running north and west 
and intersecting State Highway K Numbered 92 approximately 
one and one half miles west of Ozaw^kie, Kansas, consisting of 
approximately six miles; and 
(3) The road beginning on State Highway K Numbered 92, 
one mile east of Old Town Public Use Area, and running north 
approximately eight miles to intersect with State Highway K 
Numbered 4 and State Highway K Numbered 16 east of Valley 
Falls, consisting of approximately nine miles. 
(b) In carrying out such improvements, the Secretary of the Army 
shall be authorized to realign and grade such roads, and to pave such 
roads with a plant-mix bituminous surface (including chemical stabi-
lization), in accordance with secondary road standards of the State 
of Kansas. 
Mccieiian-Kerr 
gj,^ n 
(^^ j ^ Order to provldc adjustmeiits in the lands or inter-
plTje^u^kta!"'^ ests in land heretofore acquired for the Verdigris River portion of the 
land reconvey- 
McClellan-Kerr River Navigation Project in Oklahoma to conform 
^"''^* 
such acquisition to a lesser estate in lands now being acquired to com-
plete the real estate requirements of the project the Secretary of the 
Army (hereinafter referred to as the "Secretary") is authorized to 
reconvey any such land heretofore acquired to the former owners 
thereof whenever he shall determine that such land is not required for 
public purposes, including public recreational use, and he shall have 
received an application for reconveyance as hereinafter provided, sub-
ject to the following limitations: 
(1) No reconveyance shall be made if within thirty days after 
the last date that notice of the proposed reconveyance has been 
published by the Secretary in a local newspaper, an objection in 
writing is received by the former owner and the Secretary from 
a present record owner of land abutting a portion of the reservoir 
made available for reconveyance, unless within ninety days after 
receipt by the former owner and the Secretary of such notice of 
objection, the present record owner of land and the former owner 
involved indicate to the Secretary that agreement has been 
reached concerning the reconveyance. 
(2) If no agreement is reached between the present record 
owner of land and the former owner within ninety days after 
notice of objection has been filed with the former owner and the 
Secretary, the land made available for reconveyance in accord-
ance with this section shall be reported to the Administrator of 
General Services for disposal in accordance with the Federal 
property and Administrative Services Act of 1949, as amended 
40 use 471 
(63 Stat. 377). 
"°*^* 
(b) Any such reconveyance of any such land or interests shall be 
made only after the Secretary (1) has given notice, in such manner 
(including publication) as regulations prescribe to the former owner 
of such land or interests, and (2) has received an application for the 
reconveyance of such land or interests from such former owner in 
such form as he shall by regulation prescribe. Such application shall 
be made within a period of ninety days following the date of issuance 
of such notice, but on good cause the Secretary may waive this 
requirement. 
85 STAT. ] 
PUBUC LAW 92-222-DEC. 23, 1971 
801 
(c) Any reconveyance of land therein made under this section shall 
be subject to such exceptions, restrictions, and reservations (including 
a reservation to the United States of fiowage rights) as the Secretary 
may determine are in the public interest, except that no mineral rights 
may be reserved in said lands unless the Secretary finds that such res-
ervation is needed for the efficient operation of the reservoir project 
designated in this section. 
(d) Any land reconveyed under this section shall be sold for an 
amount determined by the Secretary to be equal to the price for which 
the land was acquired by the United States, adjusted to reflect (1) any 
increase in the value thereof resulting from improvements made 
thereon by the United States (the Government shall receive no pay-
ment as a result of any enhancement of values resulting from the con-
struction of the reservoir project specified in subsection (a) of this 
section), or (2) any decrease in the value thereof resulting from (A) 
any reservation, exception, restrictions, and condition to which the 
reconveyance is made subject, and (B) any damage to the land caused 
by the United States. In addition, the cost of any surveys or boundary 
markings necessary as an incident of such reconveyance shall be borne 
by the grantee. 
(e) The requirements of this section shall not be applicable with 
respect to the disposition of any land, or interest therein, described in 
subsection (a) if the Secretary shall certify that notice has been given 
to the former owner of such land or interest as provided in subsection 
(b) and that no qualified applicant has made timely application for 
the reconveyance of such land or interest. 
(f) As used in this section the term "former owner" means the per- 
"Former 
son from w^hom any land, or interests therein, was acquired by the ''^"^'••" 
United States, or if such person is deceased, his spouse, or if such 
spouse is deceased, his children or the heirs at law; and the term "pres- 
"Present record 
ent record owner of land" shall mean the person or persons in w^hose °'"'^" °^ ^^"'^^ 
name such land shall, on the date of approval of this Act, be recorded 
on the deed records of the respective county in which such land is 
located. 
(g) The Secretary of the Army may delegate any authority con-
ferred upon him by this section to any officer or employee of the 
Department of the Army. Any such officer or employee shall exercise 
the authority so delegated under rules and regulations approved by 
the Secretary. 
. 
(h) Any proceeds from reconveyances made under this Act shall 
be covered into the Treasury of the United States as miscellaneous 
receipts. 
(i) This section shall terminate three years after the date of its 
Termination 
enactment. 
'^^*^* 
SEC. 12. The project for Whiteoak Dam and Reservoir on Whiteoak 
whiteoak D
a
m 
Creek, Ohio, Ohio River Basin, for flood protection and other pur- owofproject" 
poses, is hereby authorized substantially in accordance with the rec- modification. 
ommendations of the Secretary of the Army in his report on the 
Development of "Water Resources in Appalachia, dated April 1971, at 
an estimated cost of $40,031,000, except that no funds shall be appro-
priated to carry out this section until the project is approved by the 
Appalachian Regional Commission and the President. 
SEC. 13. (a) The Lower Monumental Lock and Dam Project, Snake ^i;°rrLoc°k and 
River, Washington, authorized by the River and Harbor Act approved D
a
m Project, 
March 2, 1945 (59 Stat. 10), is hereby modified to provide that the wash,, modinca-
United States shall perform, or pay the cost of performance of, such 
measures as the Secretary of the Armi^ determines are or may have 
been necessary to protect any railway bridge or structure from damage 
caused by the project. 
802 
PUBLIC LAW 92-223-DEC. 28, 1971 
[85 STAT. 
Short title. 
(b) The Secretary of the Army in making the determination 
reqmred by subsection (a) of this section shall charge to the owner of 
any such bridge or structure an amount equal to the net value to such 
owner of any direct and special benefits accruing to the owner from 
any improvement or addition to or betterment of the bridge or struc-
ture, including any expectable decrease in repair, maintenance, or 
operating expense. 
SEC. 14. This Act may be cited as the "River Basin Monetary 
Authorization Act of 1971". 
Approved December 23, 1971. 
December 28, 1971 
[H. R. 10604] 
Public Law 92-223 
AN ACT 
To amend title II of the Social Security Act to permit the payment of the lump-
sum death payment to pay the burial and memorial services expenses and 
related expenses for an insured individual whose body is unavailable for burial. 
Social Security 
Act, amendments. 
74 Stat. 947. 
42 u s e 402. 
Memorial serv-
ice expenses. 
Effective date. 
70 Stat. 819. 
42 u s e 401. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled, That (a) the second 
sentence of section 202(i) of the Social Security Act is amended by 
striking out "or" at the end of clause (2), by renumbering clause (8) 
as clause (4), and by inserting after clause (2) the following new 
clause: 
" (3) if the body of such insured individual is not available for 
burial but expenses were incurred with respect to such individual 
in connection with a memorial service, a memorial marker, a site 
for the marker, or any other item of a kind for which expenses 
are customarily incurred in connection with a death and such 
expenses have been paid, to any person or persons, equitably 
entitled thereto, to the extent and m the proportions that he or 
they shall have paid such expenses; or", 
(b) The second sentence of section 202(i) of such Act is further 
amended by striking out "clauses (1) and (2)" in the clause renum-
bered as clause (4) by subsection (a) and inserting in lieu thereof 
"clauses (1), (2),and (3)". 
SEC. 2. The amendments made by the first section of this Act shall be 
effective only in the case of lump-sum death payments under title I I 
of the Social Securitv Act made with respect to deaths which occur 
after December 31,1970.