Page:United States Statutes at Large Volume 90 Part 1.djvu/258

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PUBLIC LAW 94-000—MMMM. DD, 1976

90 STAT. 208

PUBLIC LAW 94-228—MAR. 11, 1976 TITLE IV POLLOCK-HERREID U N I T, SOUTH DAKOTA

SEC. 401. The Secretary of the Interior is hereby authorized to construct, operate, and maintain in accordance with the Federal reclamation laws (Act of June 17, 1902; 32 Stat. 388, and Acts amendatory thereof or supplementary thereto) the Pollock-Herreid unit, South Dakota pumping division, Pick-Sloan Missouri Basin program, South Dakota, for the purposes of providing irrigation water service for approximately fifteen thousand acres of land, municipal and industrial water supply, and fish and wildlife conservation and development. The principal works of the project would include the main pumping plant located at Lake Oahe, the storage reservoir created by the existing Oahe Dam on the Missouri Eiver, to lift water into Lake Pocasse, a subimpoundment on tributary Spring Creek, which would serve as a regulating reservoir; a system of main canals and laterals; relift pumping plants; drains; and the necessary facilities to effect the aforesaid purposes of the area. 43 USC SEC. 402. The conservation and development of the fish and wildlife 6151111-1. resources in connection with the Pollock-Herreid unit shall be in accordance with the provisions of the Federal Water Project Recrea16 USC 460/-12 tion Act (79 Stat. 213) as amended. note. SEC. 403. The Pollock-Herreid unit shall be integrated physically 43 USC and financially with the other Federal works constructed under the 6151111-2. comprehensive plan approved by section 9 of the Flood Control Act of December 22, 1944 (58 Stat. 887, 891), as amended and supplemented. SEC. 404. For a period of ten years from the date of enactment of 43 USC this title no water from the unit authorized by this title shall be deliv6151111-S. ered to any water user for the production on newly irrigated lands of any basic agricultural commodity, as defined in the Agricultural Act 7 USC 1421 note. of 1949, or any amendment thereof, if the total supply of such a commodity for the marketing year in which the bulk of the crop would normally be marketed is in excess of the normal supply as defined in section 301(b) (10) of the Agricultural Adjustment Act of 1^38 (52 7 USC 1301. Stat. 31, 41), as amended, unless the Secretary of Agriculture calls for an increase in production of such commodity in the interest of national security. Interest rate. SEC. 405. The interest rate used for computing interest during 43 USC construction and interest on the unpaid balance of the interest bearing 615llll-4>. reimbursable costs of the unit shall be determined by the Secretary of the Treasury, as of the beginning of the fiscal year in which construction of the unit is commenced, on the basis of the computed average interest rate payable by the Treasury upon its outstanding marketable public obligations which are neither due or callable for fifteen years from date of issue. SEC. 406. The provisions of the third sentence of section 46 of the 43 USC Act of May 25, 1926 (44 Stat. 649, 650), and any other similar pro61511U-5. visions of Federal reclamation laws as applied to the Pollock-Herreid 43 USC 423e. unit, South Dakota pumping division, are hereby modified to provide that lands held in a single ownership which may be eligible to receive water from, through, or by means of unit works shall be limited to one hundred and sixty acres of Class I land or the equivalent thereof in other land classes, as determined by the Secretary of the Interior. 43 USC 6151111.