A bill to provide temporary authorities to the Secretary of the Interior to facilitate emergency actions to mitigate the impacts of the 1976-77 drought.
PL 95-18 (S.925), enacted 04/07/1977

91 STAT. 36 
PUBLIC LAW 95-18—APR. 7, 1977 
^A Public Law 95-18 
95th Congress 
Apr. 7, 1977 
[S. 925] 
Drought of 
1976-1977. 
Temporary 
emergency 
authority to 
Secretary of the 
Interior. 
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615v-615x. 
Purchases of 
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'Irrigators.' 
An Act 
To provide temporary authorities to the Secretary of the Ulterior to facilitate 
emergency actions to mitigate the impacts of the 1976-77 drought. 
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 referred to as the "Secretary", acting 
through the Bureau of Reclamation and the Bureau of Indian Affairs 
pursuant to the authorities in the Federal Reclamation Laws (74 Stat. 
882, as amended) and other aj/propriate authorities of the Secretary, 
and the authorities granted herein, is directed to— 
(a) perform studies to identify opportunities to augment, 
utilize, or conserve water supplies available to Federal reclama-
tion projects and Indian irrigation projects constructed by the 
Secretary; and consistent with existing contractual arrangements, 
and State law, and without further authorization, to undertake 
construction, management and conservation activities which can 
be expected to have an effect in mitigating losses and damages to 
Federal reclamation projects and Indian irrigation projects con-
structed by the Secretary resulting from the 1976-1977 drought 
period: Provided, 
That construction activities undertaken to 
implement the programs authorized by this Act shall be completed 
by November 30,1977; 
(b) assist willing buyers in their purchase of available water 
supplies from willing sellers and to redistribute such water to 
irrigators based upon priorities to be determined by the Secretary 
within the constraints of State water laws, with the objective of 
minimizing losses and damages resulting from the drought; and 
(c) undertake expedited evaluations and reconnaissance studies 
of potential facilities to mitigate the effects of a recurrence of the 
current emergency and make recommendations to the President 
and to the Congress evaluating such potential undertakings includ-
ing, but not limited to, wells, pumping plants, pipelines, canals, 
and alterations of outlet works of existing impoundments. 
SEC. 2. (a) Payments for water acquired from willing sellers will 
be at a negotiated price, but will not confer any undue benefit or profit 
to any person or persons compared to what would have been realized 
if the water had been used in the normal irrigation of crops adapted 
to the area, as determined by the Secretary. 
(b) Purchases of water acquired under subsection (a) above shall 
be made at a price to be determined by the Secretary: Provided, 
That 
the selling price shall be sufficient to recover all expenditures made in 
acquiring the water. 
SEC. 3. (a) The Secretary shall determine for purposes of this Act 
the priority of need for allocating the water, taking into considera-
tion, among other things. State law, national need, and the effect of 
losing perennial crops due to drought. 
(b) For the purposes of this Act the term "irrigators" shall mean 
any person or legal entity who holds a valid existing water right for 
irrigation purposes within Federal reclamation projects and within 
all irrigation projects constructed by the Secretary for Indians. 
PUBLIC LAW 95-18—APR. 7, 1977 
91 STAT. 37 
(c) For the purposes of this Act, the term "Federal reclamation 
project" means any project constructed or funded under Federal 
reclamation law and specifically including projects having approved 
loans under the Small Reclamation Projects Act of 1956 (70 Stat. 
1044) as amended. 
SEC. 4. The Secretary is hereby authorized to defer without penalty, 
the 1977 payments of any installment of charges including operation 
and maintenance costs owed to the United States by irrigators as he 
deems necessary because of financial hardship caused by extreme 
drought conditions: Provided^ That any deferment shall be recovered 
and such recovery may be accomplished by extending the repayment 
period under the contracting entities' existing contracts with the 
United States. 
SEC. 5. Actions taken pursuant to this Act are in response to emer-
gency conditions and depend for their effectiveness upon their com-
pletion prior to or during the 1977 irrigation season and, therefore, 
are deemed not to be major Federal actions significantly affecting the 
quality of the human environment for purposes of the National Envi-
ronmental Policy Act of 1969 (83 Stat. 852, as amended, 42 U.S.C. 
4321). 
SEC. 6. The program established by this Act shall, to the extent prac-
ticable, be coordinated with emergency and disaster relief operations 
conducted by other Federal and State agencies under other provisions 
of law. The Secretary shall consult with the heads of such other Fed-
eral and State agencies as he deems necessary. The heads of all other 
Federal agencies performing relief functions under other Federal 
authorities are hereby authorized and directed to provide the Secre-
tary, or his designee, such information and records as the Secretary 
or his designee shall deem necessary for the administration of this 
Act. 
SEC. 7. Not later than March 1,1978, the Secretary shall provide the 
President and the Congress with a complete report on expenditures 
and accomplishments under this Act. 
SEC. 8. (a) The Secretary is authorized to make loans to irrigators 
for the purposes of undertaking construction, management, conserva-
tion activities, or the acquisition and transportation of water, which 
can be expected to have an effect in mitigating losses and damages 
resulting from the 1976-1977 drought period. 
(b) Such loans shall be without interest with the repayment sched-
ule to be determined by the Secretary, but loans for acquiring water 
under section 2 of this Act shall not exceed five years in duration. 
(c) The authorities conferred by this Act shall terminate on Sep-
tember 30,1977. 
SEC. 9. There is authorized to be appropriated $100,000,000 to carry 
out the water purcliase and reallocation program authorized by this 
Act: Provided^ That 15 per centum of such appropriations shall be 
available for carrying out other programs authorized by this Act and 
for construction of emergency physical facilities under terms and 
conditions applying to expenditures from the emergency fund created 
by the Act of June 26,1948 (62 Stat. 1052). 
SEC. 10, (a) Funds available to the Secretary during fiscal year 
1977 for expenditure pursuant to the Act of June 26, 1948 (62 Stat. 
1052), shall be available for expenditure on behalf of (1) projects 
financed through loans pursuant to the Small Reclamation Projects 
Act of 1956 (70 Stat. 1044) as amended, and (2) projects 
financed 
with non-Federal funds notwithstanding the provisions of the third 
sentence of section 46 of the Act of May 25, 1926 (44 Stat. 649, 650), 
"Federal 
reclamation 
project." 
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Deferred 
payments. 
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Federal and State 
program 
coordination. 
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Report to 
President and 
eongress. 
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Loans. 
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Termination. 
Appropriation 
authorization. 
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Availability of 
funds. 
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91 STAT. 38 
PUBLIC LAW 95-18—APR. 7, 1977 
.>KS^ 
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503. 
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.iioiii 
ti^ii'F 
and any other similar provision of law. Expenditures undertaken 
under this authority shall be governed by the same terms and condi-
tions as apply to programs regularly constructed under Federal recla-
mation law: Provided, That not more than 15 per centum of such 
available funds may be used on behalf of nonfederally financed proj-
ects and not more than $1,000,000 may be expended on behalf of any 
individual contracting entity. 
(b) Funds available to the Secretary during fiscal year 1977 for 
expenditure pursuant to the Act of June 26, 1948 (62 Stat. 1052), 
shall be available for expenditure for drought emergency programs 
conducted heretofore or hereafter by State water resource agencies 
during fiscal year 1977 if such programs are found to be compatible 
with the broad purposes of this Act: Provided, That not more than 
5 per centum of such available funds may be used for purposes of this 
subsection and not more than $1,000,000 may be expended on behalf of 
any State. In recognition of the widespread and diffused nature of 
the benefits deriving from this subsection, all funds expended under 
the authority of this subsection shall be nonreimbursable. 
(c) Funds available for expenditure under the provisions of this 
Act may be used by the Secretary for the purchase of water or for 
acquisition of entitlement to water from any available source for the 
purpose of mitigating damage to fish and wildlife resources caused by 
drought conditions. Not to exceed $10,000,000 may be expended for 
such activities and any amount so expended shall be nonreimbursable. 
SEC. 11. Nothing in this Act shall be construed as limiting or restrict-
ing the power and authority of the United States or— 
(a) as affecting in any way any law governing appropriations 
or use of, or Federal right to, water on public lands; 
(b) as expanding or diminishing Federal or State jurisdiction, 
responsibility, interests, or rights in water resources development 
or control; 
(c) as displacing, superseding, limiting, or modifying any 
interstate compact or the jurisdiction or responsibility of any 
legally establislied joint or common agency of two or more States 
or of two States and the Federal Government; 
(d) as superseding, modifying, or repealing, except as specifi-
.,,, cally set forth in this Act, existing laws applicable to the various 
Federal agencies; and 
(e) as modifying the terms of any interstate compact. 
Approved April 7, 1977. 
, 
LEGISLATIVE HISTORY: 
HOUSE REPORT No. 95-155 accompanying H.R. 5117 (eomm. on Interior and Insular 
Affairs). 
SENATE REPORT No. 95-50 (eomm. on Energy and Natural Resources). 
eONGRESSIONAL REeORD, Vol. 123 (1977): 
Mar. 15, considered and passed Senate. 
Apr. 4, considered and passed House, amended, in lieu of H.R. 5117; Senate 
concurred in House amendment. 
WEEKLY eOMPILATION OF PRESIDENTIAL DOeUMENTS, Vol. 13, No. 15: 
Apr. 7, Presidential statement. 
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