Page:United States Statutes at Large Volume 98 Part 2.djvu/219

 PUBLIC LAW 98-396—AUG. 22, 1984

98 STAT. 1379

construction, operation, maintenance and training of personnel of the hydroelectric project authorized pursuant to section 101 of Public Law 96-205, $8,000,000, to remain available until expended.

48 USC 1681 note.

GENERAL PROVISION

Notwithstanding any other provision of law, there is hereby appropriated the sum of $2,000,000, to remain available until expended, to pay for flood damages (not to exceed $2,000,000) resulting from equipment malfunction and subsequent operation of the W. G. Huxtable Pumping Station, St. Francis River, near Marianna, Arkansas, during May and June 1983.

Flood control. St. Francis River, Ark.

DEPARTMENT OF THE INTERIOR BUREAU OF RECLAMATION CONSTRUCTION PROGRAM

Of the total amount appropriated in Public Law 94-438 for pay- 90 Stat. 1415. ment of claims resulting from the Teton Dam failure, $10,300,000 may be used to perform work on the Colorado River Front Work and Levee System. If the State of Washington, the Yakima Indian Nation, or any other entity, public or private, prior to an authorization or the providing of an appropriation of funds to the Secretary of the Interior to construct the Yakima River Basin Water Enhancement Project (hereinafter, Yakima Enhancement Project), shares in the costs of or constructs any physical element of that project, including any reregulating dam or fish passage facility, and conveys the same to the United States, the costs incurred by the State, the Yakima Indian Nation, or any other entity in the construction of such elements shall be credited to the total amount of any costs to be borne by the State, the Yakima Indian Nation, or any other entity as contributions toward payment of the cost of the Yakima Enhancement Project; except that no such credit shall be given for any ,.,, element constructed by the State, the Yakima Indian Nation, or any " " ' "'^ other entity unless the element has been approved by the Secretary of the Interior prior to its construction. The Secretary shall grant such approval, when requested by the State, the Yakima Indian Nation, or other entity, if the Secretary determines that the element proposed for construction would be an integral part of the Yakima ^ Enhancement Project. The Secretary is authorized to accept title to any reregulating dam or fish passage facility constructed by the State, the Yakima Indian Nation, or any other entity, pursuant to this section, without giving compensation therefor, and thereafter to operate and maintain such facilities. Any such facility shall be operated by the Secretary in a manner consistent with the treaty rights of the Yakima Indian Nation, Federal reclamation law, and water rights established pursuant to State law, including the valid contract rights of irrigation users. The Secretary of the Interior shall negotiate and enter into agreements for the payment of operation and maintenance costs pursuant to Federal reclamation law and other applicable law: Provided, That operation and maintenance costs related to anadromous fish, including costs at facilities in the Yakima River Basin authorized to be constructed by the Secretary of the Interior, which are in excess of present obligations,

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