An Act authorizing additional appropriations for prosecution of projects in certain comprehensive river basin plans for flood control, navigation, and for other purposes
PL 91-282 (H.R.15166), enacted 06/19/1970

310 
PUBLIC LAW 91-282-JUNE 19, 1970 
[84 STAT. 
June 19, 1970 
[H. R.15166] 
Public Law 91-282 
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 Authori-
zation and Miscel-
laneous Civil 
Works Amendments 
Act of 1970. 
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 appro-
priated 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: 
Basin 
Act of 
Congress 
Amount 
Alabama-Coosa River 
- 
Mar. 2,1945 
$45,000,000 
Arkansas River 
June 28,1938 
89,000,000 
Brazos River 
Sept. 3,1954 
5,000,000 
Columbia River 
June 28,1938 
263,000,000 
Lower Mississippi River. 
_ 
May 15,1928 
167,000,000 
Missouri River 
June 28,1938 
109,000,000 
Ohio River.. 
June 22,1936 
69,000,000 
Quachita River 
May 17,1950 
18,000,000 
San Joaquin River 
Dec. 22,1944 
18,000,000 
South Plalte River 
May 17,1950 
21,000,000 
Upper Mississippi River 
June 28,1938 
2,000,000 
White River 
June 28,1938 
4,000,000 
Central and 
southern Florida. 
62 Stat. 1175; 
82 Stat. 740. 
Chesapeake Bay 
Basin Comprehen-
sive Study. 
79 Stat. 1095. 
Scioto River, 
Ohio. 
76 Stat. 1188; 
79 Stat. 1085. 
(b) The total amount authorized to be appropriated by this section 
shall not exceed $810,000,000. 
SEC. 2. In addition to previous authorizations, there is hereby author-
ized to be appropriated the sum of $25,000,000 for the prosecution of 
the central and southern Florida comprehensive plan for flood control 
and other purposes approved in the Flood Control Act of 1948, and 
subsequent Acts of Congress: Provided, That not to exceed $5,000,000 
of this authorization shall be available solely for the accelerated con-
struction of borrow canal L-70, canal C-308, canal C-119W, and pump-
ing station S. 326, together with such other works in the plan of 
improvement as the Director of the National Park Service and the 
Chief of Engineers agree are necessary to meet the water requirements 
of the Everglades National Park: Provided further, That as soon as 
practicable and in any event upon completion of the works specified 
in the preceding proviso, delivery of water from the central and 
southern Florida project to the Everglades National Park shall be not 
less than 315,000 acre-feet annually, prorated according to the monthly 
schedule set forth in the National Park Service letter of October 20, 
1967, to the Office of the Chief of Engineers, or 16.5 per centum of total 
deliveries from the project for all purposes including the park, which-
ever is less. 
SEC. 3. In addition to the previous authorization, the completion of 
the Chesapeake Bay Basin Comprehensive Study, Maryland, Virginia, 
and Pennsylvania, authorized by the River and Harbor Act of 1965 is 
hereby autnorized at an estimated cost of $9,000,000. 
SEC. 4. The flood control project for the Scioto River, Ohio, author-
ized in section 203 of the Flood Control Act of 1962 and modified by 
section 205 of the Flood Control Act of 1965 is hereby further modified 
(1) to authorize the construction of local protection works at Chilli-
cothe, Ohio, prior to commencement of construction of the Big Darby 
Reservoir, and (2) to permit the plan for such works to be revised by 
the Chief of Engineers so as to provide a degree of protection sub-
84 STAT. ] 
PUBLIC LAW 91-282-JUNE 19, 1970 
SIX 
stantially equivalent to tliat provided by the project as originally 
authorized. 
SEC. 5. (a) The project for comprehensive development of the Dela- B^sln!'^^'^^ ^'"'"^ 
ware River Basin, as authorized substantially in accordance with the 
recommendations of the Chief of Engineers in House Document Num-
bered 522, 87th Congress, by section 203 of the Flood Control Act of 
1962 (76 Stat. 1182), is hereby modified to permit use of the head and 
water releases of Tocks Island Reservoir as an incident to a pumped 
storage hydroelectric power development project by applicant pres-
ently seeking approval to undertake such development before the 
Delaware River Basin Commission, subject to the provisions of this 
section and the pertinent provisions of the Delaware River Basin Com-
pact and the Federal Power Act, including section 10(e) (16 U.S.C. H HH' ^H' 
803 (e)) providing for payment of annual charges to the United States: 
le use 79ia. 
Provided, That the annual charges payable by applicant for use of the 
•
^
^ stat. 842; 
Tocks Island project by the aforesaid pumped storage development, 
including use of project head and water releases, shall be not less than 
SI,000,000. 
(b) The Secretary of the Interior shall insure that the planning 
and construction of the aforesaid pumped-storage project shall be 
undertaken in accordance with the conditions and requirements relat-
ing to Sunfish Pond and Kittatinny Mountain set forth in paragraph 
numbered (3) (A) of Resolution Numbered 68-12 adopted October 28, 
1968, by the Delaware River Basin Commission: Provided, That the 
Federal Power Commission shall adopt, as part of any license to con-
struct, operate, or maintain the aforesaid pumped-storage project, those 
requirements and conditions determined by the Secretary of the Inte-
rior to be necessary to insure conformance with the provisions of para-
graph (3) (A) of such resolution: Provided further, That in no event 
shall the upper pool of the applicant's proposed pumped-storage proj-
ect be located on land other than that owned by applicant on April 15, 
1969. 
(c) Any license issued by the Federal Power Commission subject to 
the provisions of this section shall be conditioned upon the licensee 
delivering power and energy in an amount not less than, and at a cost 
not greater than that which would have been delivered from installa-
tion of power facilities heretofore authorized, to all preference cus-
tomers eligible to purchase power from such heretofore authorized 
facilities: Provided, That, for the purposes of this section, the Delaware 
River Basin Commission will be considered a preference customer, and 
the Secretary of the Interior is hereby authorized to allocate such 
power as may be available under this subsection on an equitable basis ^ 
among such preference customers. 
(d) Power and energy shall be made available by any licensee to the 
United States free of cost for operation and maintenance of Tocks 
Island Dam. 
(e) The Tocks Island project and the aforesaid pumped-storage 
development shall be constructed in such a manner as not to preclude 
installation at any time of power facilities heretofore authorized at 
Tocks Island Dam and use of its head and water releases far power 
purposes by the United States. 
(f) In carrying out the purposes of this section, the Secretary of the 
Army and the applicant shall enter into an agreement providing for 
the payment by the applicant to the Ignited States of such economic 
costs as may be incurred by the United States in the design, construc-
tion, and operation of the Tocks Island Dam necessary to preserve its 
suitability for the aforesaid pumped-storage development by appli-
cant and power facilities heretofore authorized. In the event a license 
is not issued for the aforesaid pumped-storage development and the 
47-348 O - 72 - 24 (Pt. 1) 
312 
PUBLIC LAW 91-282-JUNE 19, 1970 
[84 STAT. 
Benbrook Dam, 
Tex. 
Libby Dam, 
Mont. 
Rock Island, 
111., toll bridge. 
72 Stat. 582; 
80 Stat. 141S. 
Muscatine 
Bridge Commis-
sion, extension. 
80 Stat. 274. 
Denison Dam, 
Tex. - Okla. 
54 Stat. 1200; 
71 Stat. 368. 
72 Stat. 319; 
75 Stat. 210. 
43 u s e 390b 
note. 
30 Stat. 1151. 
United States constructs the heretofore authorized power facilities, 
the costs incurred by the United States to preserve the suitability of the 
project for the installation of such authorized power facilities will be 
borne by the United States. In the event of failure to reach timely 
agreement, the Secretary of the Army shall determine the payment 
to be made to the United States, and the applicant shall be liable there-
for : Provided^ That such determination shall be subject to review by 
the Federal Power Commission. 
SEC. 6. That the Act entitled "An Act to provide for municipal use 
of storage water in Benbrook Dam, Texas", approved July 24, 1956 
(70 Stat. 632), is amended by inserting immediately after "Fort 
Worth" the following: ", and with the Benbrook Water and Sewer 
Authority,". 
SEC. 7. That the project for Libby Dam, Kootenai River, Montana, 
is hereby modified to provide that funds available for such project, in 
an amount not to exceed $750,000, may be used in participation with 
the State of Montana in the construction, operation, and maintenance 
of fish hatchery facilities, and the performance of related services, by 
the State for mitigation of fish losses occasioned by the project, in a 
manner deemed appropriate by the Secretary of the Army, acting 
through the Chief of Engineers. 
SEC. 8. That subsection (c) of the first section of the Act entitled 
"An Act authorizing the city of Rock Island, Illinois, or its assigns, to 
construct, maintain, and operate a toll bridge across the Mississippi 
River at or near Rock Island, Illinois, and to a place at or near the 
city of Davenport, Iowa," approved March 18, 1938 (52 Stat. 110), as 
amended is amended by striking out "1970" and inserting in lieu 
thereof "1972". 
SEC. 9. That section 15 of the Act entitled "An Act creating the 
Muscatine Bridge Commission and authorizing said commission and 
its successors to acquire by purchase or condemnation and to construct, 
maintain, and operate a bridge or bridges across the Mississippi River 
at or near the city of Muscatine, Iowa, and the town of Drury, Illinois", 
approved July 26,1956 (70 Stat. 669; Public Law 811, Eighty-fourth 
Confess), as amended, is amended (1) by striking out "fliree years" 
and inserting in lieu thereof "six years", and (2) by striking out "five 
years" and inserting in lieu thereof "eight years". 
SEC. 10. (a) Tliat the project for Denison Dam (Lake Texoma), 
Red River, Texas and Oklahoma, authorized by the Flood Control Act 
of 1938 (52 Stat. 1215), as amended, is hereby modified to provide that 
the city of Sherman, Texas, is authorized to construct a barrier dam 
across the Big Mineral Arm of Lake Texoma so as to create a subim-
poundment of not to exceed ninety-five thousand acre-feet, for the pur-
pose of providing a municipal and industrial water supply in an 
amount not to exceed fifty-two thousand acre-feet annually. The city 
of Sherman shall reimburse the United States the costs, as determined 
by the Secretary of the Army, acting through the Chief of Engineers, 
allocable to an amount of storage in Lake Texoma equal to that in the 
subimpoundment, in accordance with the provisions of the Water 
Supply'Act of 1958, as amended (43 U.S.C. 390(b)-(f)), including 
the loss in power revenues attributable to the subimpoundment. 
(b) The location and plans for the barrier dam shall be submitted 
to the Chief of Engineers and the Secretary of the Army for approval 
prior to construction in accordance with section 9 of the Act of March 3, 
1899 (33 U.S.C. 401). 
(c) Prior to construction of the barrier dam, the city of Sherman 
shall agree in writing to (1) provide satisfactory means for the trans-
ferral of small pleasure craft to and from the subimpoundment and 
Lake Texoma; (2) obtain any necessary State water rights required 
84 STAT. ] 
PUBLIC LAW 91-283-JUNE 19, 1970 
313 
for use of the stored waters; (3) hold and save the United States free 
from all damages due to construction, operation, and maintenance of 
the barrier dam and subimpoundment; (4) operate and maintain the 
barrier dam and subimpoundment in accordance with regulations 
issued by the Secretary of the Army; and (5) pay the costs of any 
alterations or relocations of Federal facilities necessitated by the 
subimpoundment. 
SEC. 11. This Act may be cited as the "River Basin Monetary 
^^°''^ ""^• 
Authorization and Miscellaneous Civil Works Amendments Act of 
1970". 
Approved June 19, 1970. 
Public Law 91-283 
AN ACT 
June 19, 1970 
To provide for the disposition of judgment funds of the Sioux Tribe of the Fort 
[H. R. 10184] 
Peclc Indian Reservation, Montana. 
Be it enacted by the Senate and House of Representatives 
of the 
United States of America 
in Congress assembled, That the funds Fo^/t°peck"ind'ian 
appropriated by the Act of October 21, 1968 (82 Stat. 1190, 1198), to Reservation, Mont. 
pay a judgment to the Sioux Tribe of the Fort Peck Reservation, jis^ofition ^""'^^' 
Montana, in Indian Claims Commission Docket Numbered 279A and 
^^°^^ ^°"' 
the interest thereon, after payment of attorney's fees and all appro-
priate expenses, and after deducting $50,000 to be used as provided 
in section 5 of this Act, and after deducting the estimated costs of 
distribution, shall be distributed per capita to each person born on or 
before, and living on, the date of this Act who is a citizen of the United 
States and duly enrolled, on a roll approved by the Secretary of the 
. 
Interior, as a member of the Sioux Tribe of the Fort Peck Reservation, 
in accordance with eligibility requirements and procedures agreed 
upon by the Secretary of the Interior and the tribe, or its authorized 
representatives. 
SEC. 2. The per capita shares shall be determined on the basis of sh^re's^^^^^ 
the number of persons eligible for per capitas and the number of 
persons rejected for per capitas who have taken a timely appeal. The 
shares of those persons whose appeals are denied shall revert to the 
Sioux Tribe of the Fort Peck Reservation, Montana, to be expended 
for any purpose designated by the tribe and approved by the Secretary. 
SEC^ 3. Sums payable to enroUees or their heirs or legatees who are prot'^cTio^n 0°/in!''' 
less than twenty-one years of age or who are under a legal disability terests. 
shall be paid in accordance with such procedures, including the estab-
lishment of trusts, as the Secretary of the Interior determines appro-
priate to protect the best interests of such persons. 
SEC. 4, The funds distributed under the provisions of this Act shall 
'^^'^ exemptions. 
not be subject to Federal or State income taxes. 
SEC. 5. Upon agreement by the Fort Peck Sioux Tribe and the Fort 
Peck Assiniboine Tribe on the amount each agrees to contribute from 
any award to each tribe in Indian Claims Commission Docket No. 
279A, the agreed contribution of the Fort Peck Sioux Tribe shall be 
withdrawn from the $50,000, and interest thereon, withheld from per 
capita distribution pursuant to section 1 of this Act, and credited to 
the joint account for expenditure pursuant to the Act of June 29,1954 
(68 Stat. 329) : Provided, That upon request of the Fort Peck Sioux 
Tribe the Secretary of the Interior in his discretion may distribute all 
or part of the aforesaid $50,000 and interest thereon per capita to each 
person eligible under section 1 of this Act. 
Approved June 19, 1970.