A bill to authorize rehabilitation of the Belle Fourche irrigation project, and for other purposes.
PL 98-157 (S.448), enacted 11/17/1983

PUBLIC LAW 98-157—NOV. 17, 1983 
97 STAT. 989 
Public Law 98-157 
98th Congress 
An Act 
To authorize rehabilitation of the Belle Fourche irrigation project, and for other 
purposes. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That the general 
plan for the Belle Fourche project, South Dakota, heretofore author-
ized for construction by the Secretary of the Interior, May 10, 1904, 
pursuant to the Reclamation Act of 1902 (32 Stat. 388), is modified to 
include construction, betterment of works, water conservation, rec-
reation, and fish and wildlife conservation and development. As so 
modified, the general plan is reauthorized under the designation 
"Belle Fourche unit" of the Pick-Sloan Missouri Basin program. 
SEC. 2. (a) The Secretary of the Interior (hereinafter referred to as 
the "Secretary"), is authorized to negotiate and execute an amenda-
tory repayment contract with the Belle Fourche irrigation district 
covering all lands of the existing Belle Fourche project. This con-
tract shall replace all existing contracts between the Belle Fourche 
irrigation district and the United States. 
(b) The period of repayment of the construction and rehabilitation 
and betterment costs allocated to irrigation and assigned to be 
repaid by the irrigation water users shall be not more than forty 
years from and including the year in which such amendatory repay-
ment contract is executed. 
(c) During the period required to complete the rehabilitation and 
betterment program and other water conservation works, the rates 
of charge to land class in the unit shall continue to be as established 
in the November 29, 1949, repayment contract with the district, as 
subsequently amended and supplemented; thereafter, such rates of 
charge and assessable acreage shall be in accordance with the 
amortization capacity and classification of unit lands as thwi deter-
mined by the Secretary. 
SEC. 3. (a) All miscellaneous net revenues of the Belle Fourche 
unit shall accrue to the United States and shall be applied against 
irrigation costs not assigned to be repaid by irrigation water users. 
(b) Construction and rehabilitation and betterment costs of the 
Belle Fourche unit allocated to irrigation and not assigned to be 
repaid by the irrigation water users nor returned from miscella-
neous net revenues of the unit shall be returnable from net rev-
enues of the Pick-Sloan Missouri Basin program within fifty years 
from and including the year in which the amendatory contract 
authorized by this Act is executed. 
SEC. 4. The provision of lands, facilities, and project modifications 
which furnish recreation and fish and wildlife benefits in connection 
with the Belle Fourche unit shall be in accordance with the Federal 
Water Project Recreation Act (79 Stat. 213), as amended. 
SEC. 5. Appropriations heretofore or hereafter made for carrying 
on the functions of the Bureau of Reclamation shall be available for 
credits, expenses, charges, and costs provided by or incurred under 
Nov. 17, 1983 
[S. 448] 
Belle Fourche 
irrigation 
project. 
43 u s e 391. 
Contract. 
Repayment 
period. 
16 u s e 460Z-12 
note. 
97 STAT. 990 
PUBLIC LAW 98-157—NOV. 17, 1983 
Rules and 
regulations. 
Contracts. 
Appropriation 
authorization. 
2 u s e 651. 
this Act. The Secretary is authorized to make such rules and 
regulations as are necessary to carry out the provisions of this Act. 
SEC. 6. The Secretary is authorized to amend existing contracts 
and enter into additional contracts as may be necessary to imple-
ment and facilitate any future agreement between the Belle 
Fourche irrigation district and non-Federal entities involving the 
sale of Belle Fourche project water for use by such non-Federal 
interest for other than irrigation purposes: Provided, That the net 
proceeds from such transactions between the Secretary, the Belle 
Fourche irrigation district, and such non-Federal interest shall be 
paid to the United States as reimbursement of the cost of the works 
authorized by this Act, that such transactions are not in violation of 
applicable State laws, and that such transactions shall be subject to 
the consent and conditions of the State of South Dakota to such 
water use by such non-Federal interest in accordance with the laws 
of South Dakota and the provisions of the Belle Fourche River 
Compact between the States of Wyoming and South Dakota to which 
the consent of Congress was given in the Act of February 26, 1944 
(ch. 64, 58 Stat. 94). 
SEC. 7. There is hereby authorized to be appropriated beginning 
October 1, 1984, for the rehabilitation and betterment of the irriga-
tion facilities of the Belle Fourche unit and recreation and fish and 
wildlife measures as authorized by this Act, the sum of $42,000,000 
(based on January 1981 prices), plus or minus such amounts, if any, 
as may be justified by reason of ordinary fluctuations in construc-
tion cost indexes applicable to the t3rpes of construction involved 
herein. 
SEC. 8. Any new spending authority described in subsection (c)(2) 
(A) or (B) of section 401 of the Congressional Budget Act of 1974 
which is provided under this Act shall be effective for any fiscal year 
only to such extent or in such amounts as are provided in advance in 
appropriations Acts. 
Approved November 17, 1983. 
LEGISLATIVE HISTORY—S. 448: 
HOUSE REPORT No. 98-415 (C!omm. on Interior and Insular Affairs). 
SENATE REPORT No. 98-138 (Comm. on Energy and Natural Resources). 
CONGRESSIONAL RECORD, Vol. 129 (1983): 
June 15, considered and passed Senate. 
Oct. 31, Nov. 1, considered and passed House, amended. 
Nov. 3, Senate concurred in House amendments.