An Act to authorize the Secretary of the Interior to enter into agreements with non-Federal agencies for the replacement of the existing American Falls Dam, Minidoka project, Idaho, and for other purposes.
PL 93-206 (S.1529), enacted 12/28/1973

904 
PUBLIC LAW 93-206-DEC. 28, 1973 
[87 
STAT. 
December 28, 1973 
[S.1529] 
Public Law 93-206 
AN A C T 
To authorize the Secretarj- of the Interior to enter into agreements with non-
Federal agencies for the replacement of the existing American Falls Dam, 
Minidoka project, Idaho, and for other purposes. 
American Falls 
Dam, Minidoka 
project, Idaho. 
Replacement. 
49 Stat. 863. 
16 u s e 791a. 
Storage and 
contract rights, 
protection. 
River crossing 
construction. 
72 Stat. 917. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled^ That the Secretary 
of the Interior (hereinafter called the Secretary) is authorized to 
negotiate and enter into agreements with the American Falls Res-
ervoir District or other appropriate agency representing the present 
spaceholders (hereinafter called the constructing agency), which 
agreements shall authorize the constructing agency to finance and 
provide for the construction of a dam and related facilities to 
replace the existing American Falls Dam of the Minidoka project, 
Idaho-Wyoming. The United States shall take title to the dam upon 
a determination by the Secretary that construction of the dp-m is sub-
stantially completed, and the dam shall be a feature of the Minidoka 
reclamation project and shall be considered to be a "Government dam" 
as defined by the Federal Power Act (Act of June 10, 1920, 41 Stat. 
1063, as amended). The Secretary shall operate and maintain the 
replacement dam as a feature of the Minidoka project. The construc-
tion and operation of the replacement dam shall not result in an 
increase in the elevation of the reservoir water surface above that 
maintained for the original dam, and provision shall be made for the 
correction and prevention of erosion related to the reservoir or for the 
full and adequate compensation of adjacent landowners (including 
owners of land subject to a flowage easement for the reservoir) if such 
erosion cannot be corrected or prevented. 
SEC. 2. (a) Replacement of the existing dam as authorized in section 
1 hereof shall in no way alter or change the present proportionate 
storage rights of present spaceholdeis in the American Falls Reservoir 
and shall constitute a reaffirmation of existing contract rights between 
the Secretary and the spaceholders except as otherwise provided in 
this Act. 
(b) The constructing agency shall: (i) include as a part of the 
project, a river crossing meeting the then current Department of 
Transportation standards for Federal-aid secondary highway two-
lane traffic, which crossing shall be located on top of the replacement 
dam or immediately downstream from the dam, and which crossing 
shall be financed by State, Federal, and constructing agency funds, or 
any combination thereof as the parties deem appropriate; and (ii) 
design and construct an additional two lanes on top of the replacement 
dam, which additional two lanes may be funded with State, Federal, 
or constructing agency funds, or any combination thereof. For the 
purposes of subpart (ii) of this subsection, the constructing agency 
shall be considered an "agency" within the meaning of section 320(a) 
of title 23, United States Code. 
(c) The plans and specifications for the c<mstruction of the dam 
shall require that an adequate two-lane, two-way crossing shall be 
maintained at or near the site of the dam during construction. 
87 
STAT.] 
PUBLIC LAW 93-206-DEC. 28, 1973 
m^ 
SEC. 3. The constructing agency may enter into repayment contracts 
with the spaceholders in the existing American Falls Reservoir pro-
viding for the repayment by the spaceholders of proportionate shares 
of the total project costs incurred by the constructing agency for 
engineering, financing, designing, anci constructing the replacement 
dam. and the Secretary shall be a party to said contracts and the 
delivery of water to the spaceholders shall be contingent upon the 
execution of such contracts and the fulfillment of the obligations 
thereunder: Provided. 
That said contracts shall be consistent with 
the terms of existing contracts between the Secretary and the space-
holders for repayment of the costs of the existing American Falls 
Dam. 
SEC. 4. The constructing agency may contract with an appropriate 
non-Federal entity for the use of the falling water leaving the dam for 
power generation, which contract shall provide for a monetary return 
to the constructing agen.cy to defray the costs of construction of the 
replacement dam. The constructing agency may enter into agi-eements 
with an appropriate non-Federal entity to coordinate the construction 
of hydroelectric power facilities with the construction of the replace-
ment dam. The contract and agreements for use of the falling water 
shall not be subject to the limitations of section 9(c) of the Reclama-
tion Pioject Act of 1939 (53 Stat. 1194), or any simihar limitations in 
any other applicable Acts of Congress: Provided. That said contract 
for falling water shall be approved by the Secretary and shall not 
impair the efficiency of the project to serve the other purposes of the 
Minidoka ])roject. 
SEC. 5. Construction of the replacement dam shall not be initiated 
until the Secretary has approved the designs and specifications of the 
dam and the plan of construction of the dam and of the proposed oper-
ation of the dam and reservoir. Construction of each related facility 
shall not be initiated until the Secretary has approved the designs 
and specifications thereof. Costs incurred by the Secretary in review-
ing such designs, specifications, plans, and construction shall be 
included as project costs allocated to beneficiaries of the replacement 
dam and shall be reimbursable to the Secretary. 
SEC. 6. The Secretary is authorized to provide specific facilities for 
public recreation and fish and wildlife enhancement in connection 
with the replacement dam, and the costs of such facilities shall be 
I'cpaid in accordance with the provisions of the Federal Water Project 
Recreation Act (79 Stat. 213). In addition, specific facilities for public 
recreation may also be provided in accordance with the I^and and 
"Water Conservation Fund Act of 1965 (78 Stat. 897), as amended 
afiC.S.C. 46().etse(i.). 
SEC. 7. There is hereby authorized to be appropriated for construc-
tion of specific facilities for public recreation and fish and waldlife 
enhancement the sum of $400,000 (July 1972 prices) plus or minus 
such amounts, if any, as may be required by reason of the changes 
in the cost of construction work of the type involved therein as shown 
by engineei-ing cost indices. There are also authorized to be appro-
])riated such funds as may be necessary to meet the prorated construc-
tion cost apportionable to the irrigation storage rights of the Michaud 
Division of the Fort Hall Indian Reservation for space in the reservoir 
behind the American Falls Replacement Dam and such cost shall be 
subject to the Act of July 1,1932 (47 Stat. 564; 25 U.S.C. 368a). There 
are also authorized to be appropriated such funds as are required for 
the operation and maintenance of the dam and related facilities. 
Approved December 28, 1973. 
Repayment con-
tracts with space-
holders. 
Leasing con-
tract for hydro-
electric power 
production. 
43 u s e 485h. 
Designs and 
specification Si, 
approval. 
Costs, reim-
bursement to 
Secretary of 
Interior. 
Recreational, 
fish, and wildlife 
facilities. 
16 u s e 460^-
12 note. 
Appropriation. 
Fort Hall Indian 
Reservation, irri-
gation storage 
rights costs. 
25 u s e 386a.