Page:United States Statutes at Large Volume 87.djvu/937

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[87 STAT. 905]
[87 STAT. 905]
PUBLIC LAW 93-000—MMMM. DD, 1973

87

STAT.]

PUBLIC LAW 93-206-DEC. 28, 1973

SEC. 3. The constructing agency may enter into repayment contracts with the spaceholders in the existing American Falls Reservoir providing 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 spaceholders 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 agency to defray the costs of construction of the replacement dam. The constructing agency may enter into agreements with an appropriate non-Federal entity to coordinate the construction of hydroelectric power facilities with the construction of the replacement dam. The contract and agreements for use of the falling water shall not be subject to the limitations of section 9(c) of the Reclamation 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 project. 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 operation 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 reviewing 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 construction 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 engineering cost indices. There are also authorized to be appropriated such funds as may be necessary to meet the prorated construction 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.

m^ Repayment contracts with s p a c e holders.

L e a s i n g contract for hydroe l e c t r i c power production.

43 USC 485h.

D e s i g n s and specification Si, approval.

C o s t s, reimbursement to Secretary of Interior. Recreational, fish, and wildlife facilities.

16 USC 460^12 note.

Appropriation.

Fort Hall Indian Reservation, irrigation storage rights c o s t s.

25 USC 386a.