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 876

PUBLIC LAW 90-524-SEPT. 26, 1968

[82 STAT»

Public Law 90-524 September26, 1968

AN ACT

[H. R. 8953]

rf,(^ amend the Act of November 21, 1941 (55 Stat. 773), providing for the alteration, reconstruction, or relocation of certain highway and railroad bridges by the Tennessee Valley Authority.

Tennessee Valley Authority. Certain bridges, reconstruction, etc. 16 USC 831C-1. 48 Stat. 5816 USC 831-

Bridge owners, compensationa

Contracting authority.

Right to bring suit.

TVA share of cost. Funds authorization.

Be it enaMed by the Senate and House of Representatives of the Vn'ited States of America In Congress assembled. That the Act of November 21, 1941 (55 Stat, 773), be and is hereby amended to read as follows: "That (a) whenever, as the result of the construction of any dam, reservoir, or other improvement under the provisions of the Tennessee Valley Authority Act, or amendments thereto, including any improvement of the navigable channel to accommodate the growth of navigation or changes in navigation requirements within the reservoir created by any dam in the custody of the Tennessee Valley Authority, any bridge, trestle, or other highway or railroad structure located over, npon, or across the Tennessee River or any of its navigable tributaries, including approaches, fenders, and appurtenances thereto, is endangered or otherwise adversely affected and damaged, including any interference with or impairment of its use, or, in the judgment of the Board of Directors of the Tennessee Valley Authority, needs to be raised, widened, or otherwise altered to provide the navigation clearances required for completion of the navigable channel to be provided by such improvement, to the extent that protection, alteration, reconstruction, relocation, or replacement is necessary or proper to preserve its safety or utility or to meet the requirements of navigation or flood control, or both, the owner or owners of such bridge, trestle, or structure shall be compensated by the Tennessee Valley Authority in the sum of the reasonable actual cost of such protection, alteration, reconstruction, relocation, or replacement: Provided, That in arriving at the amount of such comj^ensation the bridge owner shall be charged with a sum which shall equal the net value to the owner of any direct and special benefits accruing to the owner from any improvement or addition or betterment of the altered, reconstructed, relocated, or replaced bridge, trestle, or structure. The Tennessee Valley Authority is empowered to contract with such owmer with respect to any such protection, alteration, reconstruction, relocation, or replacement, the payment of the cost thereof and its proper division, which contract may provide either for money compensation or for the performance of all or any part of the work by the Tennessee Valley Authority. "(b) I n the event of a failure to agree upon the terms and conditions of any such contract, or upon any default in the performance of any contract entered into pursuant to this Act, the bridge owner or the Tennessee Valley Authority shall have the right to bring suit to enforce its rights or for a declaration of its rights under this Act, or under any such contract, in the district court of the United States for the district in which the property in question is located. In any such proceeding the court sihall apportion the total cost of the work between the Tennessee Valley Authority and the owner in accord with the provisions contained in this section. The Tennessee Valley Authority's share of the cost of any such protection, alteration, reconstruction, relocation, or replacement, under any contract made or judgment, award, or decree rendered under the provisions of this section may be paid out of any funds available for carrying out the provisions of the Tennessee Valley Authority Act, as amended, and appropriations for

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PUBLIC LAW 90-525-SEPT. 26, 1968

877

that purpose are hereby authorized: Provided, That, prior to such secretary of alteration, reconstruction, or relocation of said bridges, the location Ipp"ovaf ^"°" and plans shall be submitted to and approved by the Secretary of Transportation in accordance with existing laws." Approved September 26, 1968.

Public Law 90-525 AN ACT To amend section 2733 of title 10 of the United States Code, to include authority for the settlement of claims incident to the noncombat activity of the Coast Guard while it is operating as a service in the Department of Transportation, to grant equivalent claims settlement authority to the Secretary of Defense, to increase the authority which may be delegated to an officer under subsection (g) of section 2733 of title 10 and subsection (f) of section 715 of title 32, from $1,000 to $2,500, and for other purposes.

Be it emicted by the Senate and House of Representatives of the United States of America in Congress assembled, That subsection (a) of section 2733 of title 10 of the United States Code, is amended to read as follows: " (a) Under such regulations as the Secretary concerned may prescribe, he, or, subject to appeal to him, the Judge Advocate General of an armed force under his jurisdiction, or the chief legal officer of the Coast Guard, as appropriate, if designated by him, may settle and pay in an amount not more than $5,000, a claim against the United States for— "(1) damage to or loss of real property, including damage or loss incident to use and occupancy; "(2) damage to or loss of personal property, including property bailed to the United States and including registered or insured mail damaged, lost, or destroyed by a criminal act while in the possession of the Army, Navy, Air Force, Marine Corps, or Coast Guard, as the case may be; or "(3) personal injury or death; either caused by a civilian officer or employee of that department, or the Coast Guard, or a member of the Army, Navy, Air Force, Marine Corps, or Coast Guard, as the case may be, acting within the scope of his employment, or otherwise incident to noncombat activities of that department, or the Coast Guard." SEC. 2. Section 645 of title 14 of the United States Code is repealed two years after the effective date of this Act. SEC. 3. Subsection (g) of section 2733 of title 10, United States Code, is amended to read as follows: " (g) I n any case where the amount to be paid is not more than $2,500, the authority contained in subsection (a) may be delegated to any officer of an armed force under the jurisdiction of the department concerned, subject to appeal to the Secretary concerned, or his designee for that purpose." SEC. 4. Section 2733 of title 10, United States Code, is amended by the addition of a new subsection (h) as follows: " (h) Under such regulations as the Secretary of Defense may prescribe, he or his designee has the same authority as the Secretary of a military department under this section with respect to the settlement of claims based on damage, loss, personal injury, or death caused by a civilian officer or employee of the Department of Defense acting within the scope of his employment or otherwise incident to noncombat activities of that department."

September 26, 1968 - [ H. R. 206]

Military c l a i m s. Settlement authority. 70A Stat. 153-

Repeal. 63 Stat. 547. 72 Stat. 813-

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 878 72 Stat. 813-

Report to Congress. 74 Stat. 878.

Ante, p. 877.

PUBLIC LAW 90-526-SEPT. 28, 1968

[82 STAT.

SEC. 5. Subsection (d) of section 2733 of title 10, United States Code, is amended to read as follows: " (d) If the Secretary concerned considers that a claim in exc^s of $5,000 is meritorious and would otherwise be covered by this section, he may pay the claimant $5,000 and report the excess to Congress for its consideration." SEC. 6. Subsection (f) of section 715 of title 32, United States Code, is amenderJ to read as follows • " (f) I n any case where the aijiount to be paid is not more than $2,500, the authority contained in subsection (a) may be delegated to any officer of the Army or the Air Force, as the case may be, who has been delegated authority under section 2733(g) of title 10, to settle similar claims, subject to appeal to the Secretary concerned, or his designee for that purpose." Approved September 26, 1968. Public Law 90-526

September 28, 1968 [ H. J. R e s. 1371]

White House Conference on Aging, 1971, authorization.

JOINT RESOLUTION To provide that it be the sense of Congress that a White House Conference on Aging be called by the President of the United States in 1971, to be planned and conducted by the Secretary of Health, Education, and Welfare, and for related purposes.

Whereas the primary responsibility for meeting the challenge and problems of aging is that of the States and communities, all levels of government are involved and must necessarily share responsibility; and it is therefore the policy of the Congress that the Federal Government shall work jointly with the States and their citizens, to develop recommendations and plans for action, consistent with the objectives of this joint resolution, which will serve the purposes of— (1) assuring middle-aged and older persons equal opportunity with others to engage in gainful employment which they are capable of performing; and (2) enabling retired persons to enjoy incomes sufficient for health and for participation in family and community life as self-respecting citizens; and (3) providing housing suited to the needs of older persons and at prices they can afford to pay; and (4) assisting middle-aged and older persons to make the preparation, develop skills and interests, and find social contacts which will make the gift of added years of life a period of reward and satisfaction; and (5) stepping up research designed to relieve old age of its burdens of sickness, mental breakdown, and social ostracism; and (6) evaluating progress made since the last White House Conference on Aging, and examining the changes which the next decade will bring in the character of the problems confronting older persons; and Whereas it is essential that in all programs developed for the aging, emphasis should be upon the right and obligation of older persons to free choice and self-help in planning their own futures: Now, therefore, be it Resolved by the Senate and House of Representatives of the United, States of America in Congress assembled, That (a) the President of the United States is authorized to call a White House Conference on Aging in 1971 in order to develop recommendations for further

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PUBLIC LAW 90-526-SEPT. 28, 1968

879

research and action in the field of aging, which will further the policies set forth in the preamble of this joint resolution, shall be planned and conducted under the direction of the Secretary who shall have the cooperation and assistance of such other Federal departments and agencies, including the assignment of personnel, as may be appropriate. (b) For the purpose of arriving at facts and recommendations concerning the utilization of skills, experience, and energies and the improvement of the conditions of our older people, the conference shall bring together representatives of Federal, State, and local governments, professional and lay people who are working in the field of aging, and of the general public, including older persons themselves. (c) A final report of the White House Conference on Aging shall p^^g?^''^'° be submitted to the President not later than one hundred and twenty ''^^'^ ^"* days following the date on which the Conference is called and the findings and recommendations included therein shall be immediately Recommade available to the public. The Secretary of Health, Education, and mendations. Welfare shall, within ninety days after the submission of such final report, transmit to the President and the Congress his recommendations for the administrative action and the legislation necessary to implement the recommendations contained in such report. ADMINISTRATION

SEC. 2. I n administering this joint resolution, the Secretary shall— (a) request the cooperation and assistance of such other Federal departments and agencies as may be appropriate in carrying out the provisions of this joint resolution; (b) render all reasonable assistance, including financial assistance, to the States in enabling them to organize and conduct conferences on aging prior to the White House Conference on Aging; (c) prepare and make available background materials for the use of delegates to the White House Conference as he may deem necessary and shall prepare and distribute such report or reports of the Conference as may be indicated; and (d) in carrying out the provisions of this joint resolution, engage such additional personnel as may be necessary without regard to the provisions of title 5, United States Code, governing appointments in the competitive civil service, and without regard to chapter 57 and subchapter 111 of chapter 53 of such title relating to classification and General Schedule pay rates. s use 3301, '^

^ ADVISORY

•'

5701, 5331, 5332 note.

COMMITTEES

SEC. 3. The Secretary is authorized and directed to establish an Advisory Committee to the White House Conference on Aging composed of not more than twenty-eight professional and public members, a substantial number of whom shall be fifty-five years of age or older, and, as necessary, to establish technical advisory committees to advise and assist in planning and conducting the Conference. The Secretary shall designate one of the appointed members as Chairman. Members of any committee appointed pursuant to this section, who are not officers or employees of the United States, while attending conferences or meetings of their committees or otherwise serving at the request of the Secretary, shall be entitled to receive compensation at a rate to compensation, be fixed by the Secretary but not exceeding $75 per diem, including ^'^"^^ expenses. traveltime, and while away from their homes or regular places of business the^ may be allowed travel expenses, including per diem in lieu of subsistence, as authorized under section 5703 of title 5 of the United States Code for persons in the Government service employed ^° *^*

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PUBLIC LAW 90-527-SEPT. 28, 1968

[82 STAT.

intermittently. The Commissioner on Aging shall act as Executive Secretary of the Committee. DEFINITIONS

Appropriation authorization.

SEC. 4. For the purposes of this joint resolution— (1) the term "Secretary" means the Secretary of Health, Education, and Welfare; and (2) the term "State" includes the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands, and the Trust Territory of the Pacific Islands. SEC. 5. There is authorized to be appropriated to carry out this joint resolution the sum of $1,900,000. Approved September 28, 1968.

Public Law 90-527 September28, 1968 [S.3728]

Indians, Kiowa, Comanche, and Apache Tribes. Judgment funds, disposition. Ante, p. 239.

Tax exemption.

AN ACT To authorize the use of funds arising from a judgment in favor of the Kiowa, Comanehe, and Ayache Tribes of Indians of Oklahoma, and for other purposes.

Be it enacted by the Senate and House of Representatk^es of the United States of America in Congress assembled. That (a) the funds on deposit in the Treasury of the United States to the credit of the Kiowa, Comanche, and Apache Tribes that were appropriated by the Act of June 19, 1968 (Public Law 90-352), to pay a judgment by the Indian Claims Commission entered in dockets numbered 258 and 259, and the interest thereon, after deducting attorney fees and litigation expenses, shall be distributed by the Secretary of the Interior ]Der capita to the persons whose names appear on a roll approved by the Tribes on May 20, 1960, as the basis for distributing a prior Indian Claims Commission judgment, after such roll has been brought current by said tribes, with the technical assistance of the Secretary, (1) by adding the names of children of enrol lees who were born on or prior to and were living on the date of this Act, (2) by adding the names of persons who were eligible for enrollment on the May 20, 1960 roll, but were not enrolled, and their children, if they were living on the date of this Act, and (3) by deleting the names of persons who were deceased on the date of this Act. (b) The Kiowa, Comanche, and Apache Tribes or their authorized representatives shall prescribe a date by which evidence of eligibility for enrollment must be submitted. (c) The cost of bringing such roll current, and the cost of making the per capita distribution, shall be paid by appropriate withdrawals from funds on deposit in the United States Treasury to the credit of said tribes in such amounts as the tribes and the Secretary may approve, and not out of said judgment and interest thereon. (d) On approval of the roll by the Secretary, payment shall be made directly to each enrollee, or his heirs or legatees upon proof of death and inheritance satisfactory to the Secretary, whose findings shall be final and conclusive, except that a share or interest therein payable to a person under twenty-one years of age or to a person under legal disability shall be paid in accordance with such procedure as the Secretary, with the advice of the tribes, determines appropriate to protect his best interests. (e) Funds distributed per capita pursuant to this Act shall not be subject to Federal or State income taxes. Approved September 28, 1968.

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PUBLIC LAW 90-529-SEPT. 28, 1968

881

Public Law 90-528 AN ACT

September 28, 1968

To provide for the striking of medals in commemoration of the two hundredth anniversary of the founding of Dartmouth College.

rs.367i]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, in commemora- Dartmouth tion of the two hundredth anniversary of the founding of Dartmouth ^ 2oofh anniCoUege by the grant of a royal charter from King George III on versary medals. December 13, 1769, the Secretary of the Treasury is authorized and directed to strike and furnish to Dartmouth College, Hanover, New Hampshire, not more than twenty-five thousand medals with suitable emblems, devices, and inscriptions to be determined by Dartmouth College subject to the approval of the Secretary of the Treasury. The medals shall be made and delivered at such times as may be required by Dartmouth College in quantities of not less than two thousand, but no medals shall be made after December 31, 1970. The medals shall be considered to be national medals within the meaning of section 3551 of the Revised Statutes (31 U.S.C. 368). SEC. 2. The Secretary of the Treasury shall cause such medals to be cost. struck and furnished at not less than the estimated cost of manufacture, including labor, materials, dies, use of machinery, and overhead expenses, and security satisfactory to the Director of the Mint shall be furnished to indemnify the United States for the full payment of such costs. SEC. 3. The medals authorized to be issued pursuant to this Act shall sizes, be of such size or sizes and of such various metals as shall be deter- ™^t«"^^s mined by the Secretary of the Treasury in consultation with Dartmouth College. I Approved September 28, 1968. Public Law 90-529 AN ACT

September 28, 1968

To provide for the disposition of judgment funds on deposit to the credit of the Quechan Tribe of the Fort Yuma Reservation, California, in Indian Claims Commission docket numbered 319, and for other purposes.

[S. 3620]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the unexpended balance of funds on deposit in the Treasury of the United States to the credit of the Quechan Tribe of Indians that were appropriated by the Act of October 31, 1965 (79 Stat. 1152), to pay a judgment granted by the Indian Claims Commission in docket numbered 319, and the interest thereon, less payment of attorney fees and expenses, may be advanced, expended, invested, or reinvested for any purpose that is authorized by the Quechan Tribal Council and approved by the Secretary of the Interior. SEC. 2. Any part of such funds that may be distributed to the members of the tribe shall not be subject to Federal or State income tax. SEC. 3. The Secretary of the Interior is authorized to prescribe rules and regulations to carry out the provisions of this Act. Approved September 28, 1968.

Indians, ^ disposition.
 * judg^elt"funds,

"^^"^ exemption, ^^^^^^ ^""^ '•^^"' ° '°"^'

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 PUBLIC LAW 90-530-SEPT. 28, 1968

882

[82 STAT.

Public Law 90-530 September28, 1968 [S.3621]

Indians, Muckleshoot Tribe. Judgment funds, disposition.

Tax exemption.

Rules and regulations.

AN ACT To provide for the disposition of funds appropriated to pay a judgment in favor of the Muckleshoot Tribe of Indians in Indian Claims Commission docket numbered 98, and for other purposes.

Be it enacted by the Senate and House of RepreHeidatlces of the United States of America In Congress assemNed, That the unexpended balance of funds on deposit in the Treasury of the United States to the credit of the Muckleshoot Tribe of Indians that were appropriated by the Act of May 29, 1967 (81 Stat. 80, 42), to pay a j u d ^ u e n t by the Indian Claims Commission in docket numbered 98, and the interest thereon, less attorneys' fees and expenses, may be advanced, expended, invested, or reinvested for any purpose that is authorized by the tribal governing body and approved by the Secretary of the Interior. Any part of such funds that may be distributed to the individual members of the tribe shall not be subject to Federal or State income taxes. SEC. 2. The Secretary of the Interior is authorized to prescribe rules and regulations to carry out the provisions of this Act. Approved September 28, 1968.

Public Law 90-531 September 28, 1968

A.N ACT

[s. 3420]

To authorize a per capita distribution of $.5r)0 from funds arising from a judgment in favor of the Confederated Tribes of the Colville Reservation.

Indians, Confederated Tribes of the Colville Reservation. Judgment funds, distribution.

Tax exemptions.

Be it enacted by the Semate and House of Representatives of the United States' of America In Congress a.ssembled. That the funds which have been or may be deposited in the Treasury of the United States to pay a judgment of the Indian Claims Commission dated September 7, 1967, in dockets numbered 181-A and 181-B, and the interest on said funds, after payment of attorney fees and expenses, shall be credited to the account of the (Confederated Tribes of the Colville Reservation and the Secretary of the Interior is authorized and directed to make a per capita distribution from such funds of a sum no more than $550, to the extent that such funds are available, to each person born on or prior to and living on the date of this Act who meets the requirements for membership in the Confederated Tribes of the Colville Reservation. The balance of such funds, and the interest thereon, shall be combined and distributed with any other tribal funds that may hereafter become available for per capita distribution. SEC. 2. Sums payable to persons or their heirs or legatees who are less than twenty-one years of age or who are under a legal disability shall be paid in accordance with such procedure as the Secretary, after consultation with the tribal governing body, determines will adequately protect their best interests. SEC. 8. The funds distributed under the provisions of this Act shall not be subject to Federal or State income taxes. SEC. 4. The Secretary of the Interior is authorized to prescribe rules and regulations to carry out the provisions of this Act. Approved September 28, 1968.

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883

PUBLIC LAW 90-533-SEPT. 28, 1968

Public Law 90-532 AN ACT

September 2 8, 196J

To designate certain lands in the Great Swamp National Wildlife Refuge, Morris County, New Jersey, as wilderness.

^^"^'^^^^

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, in accordance '^^^ ^''"^^ with section 3(c) of the Wilderness Act of September 3, 1964 (78 wTidT^eRefuge^ Stat. 890, 892; 16 U.S.C. 1132 (c)), certain lands in the Great Swamp wiwemess Area. National Wildlife Refuge, New Jersey, which comprise about three designation. thousand seven hundred and fifty acres and which are depicted as wilderness units on a map entitled "M. Hartley Dodge Wilderness and Harding Wilderness—Proposed" and dated September 1967 are hereby designated as wilderness. The map shall be on file and available for public inspection in the offices of the Bureau of Sports Fisheries and Wildlife, Dei^artment of the Interior. SEC. 2. The area designated by this Act as wilderness shall be known Administration. as "The Great Swamp National Wildlife Refuge Wilderness Area" and shall be administered by the Bureau of Sports Fisheries and Wildlife under the supervision of the Secretary of the Interior in accordance with the provisions of the Wilderness Act. Commercial Sfec. 3. Except as necessary to meet minimum requirements in con- t e r p r i s e s, e t c.,ennection with the purposes for which the area is administered (in- prohibition. cluding measures required in emergencies involving the health and safety of persons within the area), there shall be no commercial enterprise, no temporary or permanent roads, no use of motor vehicles, motorized equipment or motorboats, no landing of aircraft, no other form of motorized transport, and no structure or installation within the area designated as wilderness by this Act. Approved September 28, 1968. Public Law 90-533 AN ACT

September 28, 196{

To provide for the disposition of funds appropriated to pay a judgment in favor of the Chickasaw Nation or Tribe of Oklahoma, 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 unexpended balance of funds on deposit in the Treasury of the United States that were appropriated by the Act of March 31, 1961, to pay a judgment by the Indian Claims Commission in docket numbered 269 and any interest thereon, less payment of attorney fees and expenses, and any other funds heretofore or hereafter deposited in the United States Treasury to the credit of the Chickasaw Nation or Tribe of Oklahoma from sources other than claims may be used, advanced, expended, deposited, invested, or reinvested for any purpose that is authorized by the Grovernor of the Chickasaw Nation and approved by the Secretary of the Interior. Approved September 28, 1968.

C h i c k a s a w Indians, Okla. Judgment funds disposition. 75 Stat. 4 0.

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PUBLIC LAW 90-534-SEPT. 28, 1968

[82 STAT.

Public Law 90-534 September 28, 1968

[S.3182]

Swinomish Indian T r i b a l Community. Trust lands.

Tax exemption.

Mortgages, deeds, etc.

62 Stat. 939; 63 Stat. 1 0 1; 79 Stat. 887. Moneys or credits.

AN ^ v ^ - i \CT

To authorize the purchase, sale, exchange, mortgage, and long-term leasiing of land by the Swinomish Indian Tribal Community, and for other purposes.

Be it enacted by the Senate and Uoune of RepresentatlreH of the United States of America in Congress assembled, That the Secretary of the Interior is authorized to purchase with funds made available by the Swinomish Indian Tribal Community any land or interest in land within, adjacent to, or in close proximity to the boundaries of the Swinomish Indian Eeservation. SEC. 2. Any land or interest in land now owned or hereafter acquired by or in trust for the Swinomish Indian Tribal Community may be sold or exchanged for other land or interest in land within, adjacent to, or in close proximity to the boundaries of the Swinomish Indian Reservation, and the land values involved in an exchange must be equal or be equalized by the payment of money. SEC. 3. Title to any land acquired pursuant to this Act shall be taken in the name of the United States in trust for the Swinomish Indian Tribal Community and shall be nontaxable if the land is within the boundaries of the Swinomish Indian Reservation, and title shall be taken in the name of the Community subject to no restrictions on alienation, taxation, management, or use if the land is outside such boundaries. SEC. 4. The Swinomish Indian Tribal (Community may, with the approval of the Secretary of the Interior, execute mortgages or deeds of trust to land the title to which is held by the community, or by the United States in trust for the community. Such land shall be subject to foreclosure or sale pursuant to the terms of such mortgage or deed of trust in accordance with the laws of the State of Washington. The United States shall be an indispensable party to, and may be joined in, any such proceeding involving trust land with the right to remove the action to the United States district court for the district in which the land is situated, according to the procedure in section 1446 of title 28, United States Code, and the United States shall have the right to appeal from any order of remand entered in such action. SEC. 5. Any moneys or credits received or credited to the Swinomish Indian Tribal Community from the sale, exchange, mortgage, or granting of any security interest in any tribal land may be used for tribal purposes. SEC. 6. The second sentence of section 1 of the Act of August 9, 1955 (69 Stat. 539), as amended (25 U.S.C. 415), is hereby further amended by inserting the words "the Swinomish Indian Reservation," after the words "Dania Reservation,". SEC. 7. The Swinomish Indian Tribal Community may assign any income due it, subject to approval of the Secretary of the Interior. Such approval may be given in general terms or may be limited to specified assignments. Approved September 28, 1968.

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885

PUBLIC LAW 90-537-SEPT. 30, 1968

Public Law 90-535 AN ACT September28, 196S To include in the prohibitions contained in section 2314 of title 18, United States [8.144 0] Code, the transxwrtation with unlawful intent in interstate or foreign wmmerce of traveler's checks bearing forged countersignatures.

Be it enacted by the Senate and House of Represerdatwe8 of the United States of America in Congress assembled, That section 2314 of title 18, United States Code, is amended by inserting after the third paragraph thereof a new paragraph as follows: "Whoever, with unlawful or fraudulent intent, transports in interstate or foreign commerce any traveler's check bearing a forged countersignature; or". Approved September 28, 1968.

Crimes. Forged traveler's checks, transportation. 62 Stat. 806.

Public Law 90-536 AN ACT

September28, 196S

To amen(? the Tennessee Valley Authority Act of 1933 with respect to certain provisions applicable to condemnation proceedings.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the last six paragraphs of section 25 of the Tennessee Valley Authority Act of 1933 (48 Stat. TO), as amended (16 U.S.C. 831x), are hereby repealed. SEC. 2. The amendment made by this Act shall be effective only with respect to condemnation proceedings initiated after thirty days following the date of enactment of this Act. Approved September 28, 1968.

[s.iezi]

TVA property condemnation proceedings. Effective date.

Public Law 90-537 AN ACT

SeptemberSO, 1968

To authorize the construction, operation, and maintenance of the Colorado River Basin project, and for other purposes.

rs.i004i

Be it enacted by the Senate and House of Representatives United States of America in Congress assembled,

of the

TITLE I—COLORADO R IV E R B A S I N P R O J E C T: OBJECTIVES SEC. 101. That this Act may be cited as the "Colorado River Basin Project Act".

Colorado River Basin Project Act.

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PUBLIC LAW 90-537-SEPT. 30, 1968

[82 STAT.

SEC. 102. (a) I t is the object of this Act to provide a program for the further comprehensive development of the water resources of the Colorado River Basin and for the provision of additional and adequate water supplies for use in the upper as well as in the lower Colorado River Basin. This program is declared to be for the purposes, among others, of regulating the flow of the Colorado River; controlling floods; improving navigation; providing for the storage and delivery of the waters of the Colorado River for reclamation of lands, including supplemental water supplies, arid for municipal, industrial, and other beneficial purposes; improving water quality; providing for basic public outdoor recreation facilities; improving conditions for fish and wildlife, and the generation and sale of electrical power as an incident of the foregoing purposes. (b) I t is the policy of the Congress that the Secretary of the Interior (hereinafter referred to as the "Secretary") shall continue to develop, after consultation with affected States and appropriate Federal agencies, a regional water plan, consistent with the provisions of this Act and with future authorizations, to serve as the framework under which projects in the Colorado River Basin may be coordinated and constructed with proper timing to the end that an adequate supply of water may be made available for such projects, whether heretofore, herein, or hereafter authorized. TITLE II—INVESTIGATIONS AND PLANNING

43 USC 371. ^j;2 USC 1962

Reports.

SEC. 201. Pursuant to the authority set out in the Reclamation Act of June 17, 1902, 32 Stat. 388, and Acts amendatory thereof or supplementary thereto, and the provisions of the Water Resources Planning ^4^ct of July 22, 1965, 79 Stat. 244, as amended, with respect to the coordination of studies, investigations and assessments, the Secretary of the Interior shall conduct full and complete reconnaissance investigations for the purpose of developing a general plan to meet the future water needs of the Western United States. Such investigations shall include the long-range water supply available and the long-range water requirements in each water resource region of the Western United States. Progress reports in connection with these investigations shall be submitted to the President, the National Water Commission (while it is in existence), the Water Resources Council, and to the Congress every two years. The first of such reports shall be submitted on or before June 30, 1971, and a final reconnaissance report shall be submitted not later than June 30, 1977: Provided, That for a period of ten years from the date of this Act, the Secretary shall not undertake reconnaissance studies of any plan for the importation of water into the Colorado River Basin from any other natural river drainage basin lying outside the States of Arizona, California, Colorado, New Mexico, and those portions of Nevada, Utah, and Wyoming which are in the natural drainage basin of the Colorado River.

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 82 STAT. ]

PUBLIC LAW 90-537-SEPT. 30, 1968

SEC. 202. The Congress declares that the satisfaction of the requirements of the Mexican Water Treaty from the Colorado River constitutes a national obligation which shall be the first obligation of any water augmentation project planned pursuant to section 201 of this Act and authorized by the Congress. Accordingly, the States of the Upper Division (Colorado, New Mexico, Utah, and Wyoming) and the States of the T»wer Division (Arizona, California, and Nevada) shall be relieved from all obligations which may have been imposed upon them by article III (c) of the Colorado River Compact so long as the Secretary shall determine and proclaim that means are available and in operation which augment the water supply of the Colorado River system in such quantity as to satisfy the requirements of the Mexican Water Treaty together with any losses of water associated with the performance of that treaty: Provided, That the satisfaction of the requirements of the Mexican Water Treaty (Treaty Series 994, 59 Stat. 1219), shall be from the waters of the Colorado River pursuant to the treaties, laws, and compacts presently relating thereto, until such time as a feasibility plan showing the most economical means of augmenting the water supply available in the Colorado River below Lee Ferry by two and one-half million acre-feet shall be authorized by the Congress and is in operation as provided in this Act. SEC. 203. (a) In the event that the Secretary shall, pursuant to section 201, plan works to import water into the Colorado River system from sources outside the natural drainage areas of the system, he shall make provision for adequate and equitable protection of the interests of the States and areas of origin, including assistance from funds specified in this xVct, to the end that water supplies may be available for use in such States and areas of origin adequate to satisfy their ultimate requirements at prices to users not adversely affected by the exportation of water to the Colorado River system. (b) All requirements, present or future, for water within any State lying wholly or in part within the drainage area of any river basin from which water is exported by works planned pursuant to this Act shall have a priority of right in perpetuity to the use of the waters of that river basin, for all purposes, as against the uses of the water delivered by means of such exportation works, unless otherwise provided by interstate agreement. SEC. 204. There are hereby authorized to be appropriated such sums as are required to c any out the purposes of this title. TITLE III—AUTHORIZED UNITS: PROTECTION OF EXISTING USES SEC. 301. (a) For the purposes of furnishing irrigation water and municipal water supplies to the water-deficient areas of Arizona and western New Mexico through direct diversion or exchange of water, control of floods, conservation and development of fish and wildlife resources, enhancement of recreation opportunities, and for other purposes, the Secretary shall construct, operate, and mainta"n the Central Arizona Project, consisting of the following principal works: (1) a system of main conduits and canals, including a main canal and pumping plants (Granite Reef aqueduct and pumping plants), for diverting and carrying water from Lake Ilavasu to Orme Dam or suitable alternative, which system may have a caj^acity of 3,000 cubic feet per second or whatever lesser capacity is found to be feasible: Provided, That any capacity in the Granite Reef aqueduct in excess of 2,500 cubic feet per second shall be utilized for the conveyance of Colorado River water only when Lake Powell is full or releases of Avater are made from Lake

887

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PUBLIC LAW 90-537-SEPT. 30, 1968

[82 STAT.

Powell to prevent the reservoir from exceeding elevation 8,700 feet above mean sea level or when releases are made pursuant to the proviso in section 602(a)(3) of this Act: Provided further, That the costs of providing any capacity in excess of 2,600 cubic feet per second shall be repaid by those funds available to Arizona pursuant to the provision of subsection 403(f) of this Act, or by funds from sources other than the development fund; (2) Orme Dam and Reservoir and power-pumping plant or suitable alternative; (3) Buttes Dam and Reservoir, which shall be so operated as not to prejudice the rights of any user in and to the waters of the Gila River as those rights are set foith in the decree entered by the United States District Court for the District of Arizona on June 29, 1935, in United States against Gila Valley Irrigation District and others (Globe Equity Numbered 59); (4) Hooker Dam and Reservoir or suitable alternative, which shall be constructed in such a manner as to give effect to the provisions of subsection (f) of section 304; (5) Charleston Dam and Reservoir; (6) Tucson aqueducts and pumping plants; (7) Salt-Gila aqueducts; (8) related canals, regulating facilities, hydroelectric powerplants, and electrical transmission facilities required for the operation of said principal works; (9) related water distribution and draiinage works; and (10) appurtenant works. (b) Article 11(B)(3) of the decree of the Supreme Court of the United States in Arizona against California (376 U.S. 340) shall be so administered that in any year in which, as determined by the Secretary, there is insufficient main stream Colorado River water available for release to satisfy annual consumptive use of seven million five hundred thousand acre-feet in Arizona, California, and Nevada, diversions from the main stream for the Central Arizona Project shall be so limited as to assure the availability of water in quantities sufficient to provide for the aggregate annual consumptive use by holders of present perfected rights, by other users in the State of California served under existing contracts wnth the United States by diversion works heretofore constructed, and by other existing Federal reservations in that State, of four million four hundred thousand acre-feet of mainstream water, and by users of the same character in Arizona and Nevada. Water users in the State of Nevada shall not be required to bear shortages in any proportion greater than would have been imposed in the absence of this subsection 301(b). This subsection shall not affect the relative priorities, among themselves, o | water users in Arizona, Nevada, and California which are senior to diversions for the Central Arizona Project, or amend any provisions of said decree. (c) The limitation stated in subsection (b) of this section shall not apply so long as the Secretary shall determine and proclaim that means are available and in operation which augment the water supply of the Colorado River system in such quantity as to make sufficient mainstream water available for release to satisfy annual consumptive use of seven million five hundred thousand acre-feet in Arizona, California, and Nevada. SEC. 302. (a) The Secretary shall designate the lands of the Salt River Pima-Maricopa Indian Community, Arizona, and the Fort McDowell-Apache Indian Community, Arizona, or interests therein, and any allotted lands or interests therein within said communities which he determines are necessary for use and occupancy by the United States for the construction, operation, and maintenance of Orme Dam and Reservoir, or alternative. The Secretary shall offer to pay the fair market value of the lands and interests designated, inclusive of improvements. In addition, the Secretary shall offer to pay toward the cost of relocating or replacing such improvements not to exceed $500,000 in the aggregate, and the amount offered for the actual relocation or replacement of a residence shall not exceed the difference between the fair market value of the residence and $8,000. Each community and

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PUBLIC LAW 90-537-SEPT. 30, 1968

each atfected allottee shall have six months in which to accept or reject the Secretary's offer. If the Secretary's offer is rejected, the United States may proceed to acquire the property interests involved through eminent domain proceedings in the United States District Court for the District of Arizona under 40 U.S.C., sections 257 and 258a. Upon acceptance in writing of the Secretary's offer, or upon the filing of a declaration of taking in eminent domain proceedings, title to the lands or interests involved, and the right to possession thereof, shall vest in the United States. Upon a determination by the Secretary that all or any part of such lands or interests are no longer necessary for the purpose for which acquired, title to such lands or interests shall be restored to the appropriate community upon repayment to the Federal Government of the amounts paid by it for such lands. (b) Title to any land or easement acquired pursuant to this section shall be subject to the right of the former owner to use or lease the land for purposes not inconsistent with the construction, operation, and maintenance of the project, as determined by, and under terms and conditions prescribed by, the Secretary. Such right shall include the right to extract and dispose of minerals. The determination of fair market value under subsection (a) shall reflect the right to extract and dispose of minerals and all other uses permitted by this section. (c) In view of the fact that a substantial portion of the lands of the Fort McDowell Mohave-Apache Indian Community will be required for Orme Dam and Reservoir, or alternative, the Secretary shall, in addition to the compensation provided for in subsection (a) of this section, designate and add to the Fort McDowell Indian Reservation twenty-five hundred acres of suitable lands in the vicinity of the reservation that are under the jurisdiction of the Department of the Interior in township 4 north, range 7 east; township 5 north, range 7 east; and township 8 north, range 7 east, Gila and Salt River base meridian, Arizona. Title to lands so added to the reservation shall be held by the United States in trust for the Fort McDowell Mohave-Apache Indian Community. (d) Each community shall have a right, in accordance with plans approved by the Secretary, to develop and operate recreational facilities along the part of the shoreline of the Orme Reservoir located on or adjacent to its reservation, including land added to the Fort McDowell Reservation as provided in subsection (b) of this section, subject to rules and regulations prescribed by the Secretary governing the recreation development of the reservoir. Recreation development of the entire reservoir and federally owned lands under the jurisdiction of the Secretary adjacent thereto shall be in accordance with a master recreation plan approved by the Secretary. The members of each community shall have nonexclusive personal rights to hunt and fish on or in the reservoir without charge to the same extent they are now authorized to hunt and fish, but no community shall have the right to exclude others from the reservoir except by control of access through its reservation or any right to require payment by members of the public except for the use oi community lands or facilities. (e) All funds paid pursuant to this section, and any per capita distribution thereof, shall be exempt from all forms of State and Federal income taxes. SEC. 303. (a) The Secretary is authorized and directed to continue to a conclusion appropriate engineering and economic studies and to recommend the most feasible plan for the construction and operation of hydroelectric generating and transmission facilities, the purchase of electrical energy, the purchase of entitlement to electrical plant capacity, or any combination thereof, including participation, operation, or construction by non-Federal entities, for the purpose of supplying the power requirements of the Central Arizona Project and

889

./l^'^VJl^,^' 46 Stat. 1421.

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 890

Operation and maintenance costs.

PUBLIC LAW 90-537-SEPT. 30, 1968

[82 STAT.

augmenting the Lower Colorado River Basin Development F m i d: Provided, That nothing in this section or in this Act contained shall be construed to authorize the study or construction of any dams on the main stream of the Colorado River between Hoover Dam and Glen Canyon Dam. (b) If included as a part of the recommended plan, the Secretary may enter into agreements with non-Federal interests proposing to construct thermal generating powerplants whereby the United States shall acquire the right to such portions of their capacity, including delivery of power and energy over appurtenant transmission facilities to mutually agreed upon delivery points, as he determines is required in connection with the operation of the Central Arizona Project. When not required for the Central Arizona Project, the power and energy acquired by such agreements may be disposed of intermittently by the Secretary for other purposes at such prices as he may determine, including its marketing in conjunction with the sale of power and energy from Federal powerplants in the Colorado River system so as to produce the greatest practicable amount of power and energy that can be sold at firm power and energy rates. The agreements shall provide, among other things, that— (1) the United States shall pay not more than that portion of the total construction cost, exclusive of interest during construction, of the powerplants, and of any switchyards and transmission facilities serving the United States, as is represented by the ratios of the resf)ective capacities to be pix)vided for the United States therein to the total capacities of such facilities. The Secretary shall make the Feileral portion of such costs available to the nonFederal interests during the construction period, including the period of preparation of designs and specifications, in such installments as will facilitate a timely construction schedule, but no funds other than for preconstruction activities shall be made available by the Secretary until he determines that adequate contractual arrangements have been entered into betwe^en all the aifected parties covering land, waiter, fuel supplies, power (its availablity and use), rights-of-way, transmission facilities and all other necessary matters for the thermal generating powerplants; (2) aiuiual Operation and maintenance costs shall be apportioued betweeu the United States and the non-Federal interests •

^1

^

•

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i

•

-i

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on an equitable basis taking into account the ratios determined m accordance with the foregoing clause (1): Provided, liowever^ That the Ignited States shall share on the foregoing basis in the depreciation component of such costs only to the extent of provision for depreciation on replacements financed by the nonFederal interests; (3) the United States shall be given appropriate credit for any interests in P'ederal lands administered by the Department of the Interior that are made available for the powerplants and appurtenances; (4) costs to be borne by the United States under clauses (1) and (2) shall not include (a) inteirest and interest during construction, (b) financing charges, (c) franchise fees, and (d) such other costs as shall be specified in the agreement. Recommendations (Q) N O later than oiic year from the effective date of this Act, the ongress. Secretary shall submit his recommended plan to the Congress. Except as authorized by subsection (b) of this section, such plan shall not become effective until approved by the Congress, apportionment of ^^^ ^^ ^^Y t^^^mal generating plant referred to in subsection (b) of diverted water. this section is located in Arizona, and if it is served by water diverted from the drainage area of the Colorado River system above Lee Ferry,

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PUBLIC LAW 90-537-SEPT. 30, 1968

other provisions of existing law to the contrary notwithstanding, such consumptive use of water shall be a part of the hfty thousand acrefeet per annum apportioned to the State of Arizona by article III (a) of the Upper (.olorado River Basin Compact (60 Stat, 31). SEC. 304. (a) Unless and until otherwise provided by Congress, irrigation rewater from the Central Arizona Project shall not be made available ^*^'=°"directly or indirectly for the irrigation of lands not having a recent irrigation history as determined by the Secretary, except in the case of Indian lands, national wildlife refuges, and, with the approval of the Secretary, State-administered wildlife management areas. (b)(1) Irrigation and municipal and industrial water supply mider water supply, the Central Arizona Project within the State of Arizona may, in the triirtT^" event the Secretary determines that it is necessary to effect repayment, be pursuant to master contracts -with organizations which have powder to levy assessments against all taxable real property within their boundaries. The terms and conditions of contracts or other arrangements whereby each such organization makes water from the Central Arizona Project available to users within its boundaries shall be subject to the Secretary's approval, and the United States shall, if the Secretary determines such action is desirable to facilitate carrying out the provisions of this Act, have the right to require that it be a party to such contracts or that contracts subsidiary to the master contracts be entered into between the United States and any user. The provisions of this clause (1) shall not apply to the supplying of water to an Indian tribe for use within the boundaries of an Indian reservation. (2) Any obligation assumed pursuant to section 9(d) of the Reclamation Project Act of 1939 (43 U.S.C. 485h(d)) with respect to any 53 Stat. 1195. project contract unit or irrigation block shall be repaid over a basic period of not more than fifty years; any water service provided pursuant to section 9(e) of the Reclamation Project Act of 1939 (43 U.S.C. 485h(e)) may be on the basis of delivery of water for a period of fifty years and for the delivery of such water at an identical price per acrefoot for water of the same class at the several points of delivery from the main canals and conduits and from such other points of delivery as the Secretary may designate; and long-term contracts relating to irrigation water supply shall provide that water made available thereunder may be made available by the Secretary for municipal or industrial purposes if and to the extent that such water is not required by the contractor for irrigation purposes. (3) Contracts relating to municipal and industrial water supply under the Central Arizona Project may be made without regard to the limitations of the last sentence of section 9(c) of the Reclamation Project Act of 1939 (43 U.S.C. 4 8 5 h (c)); may provide for the delivery of such water at an identical price per acre-foot for water of the same class at the several points of delivery from the main canals and conduits; and may provide for repayment over a period of fifty years if made pursuant to clause (1) of said section and for the delivery of Waaler over a period of fifty years if made pursuant to clause (2) thereof. (c) Each contract under which water is provided under the Central water conArizona Project shall require that (1) there be in effect measures, ade- servation. quale in the judgment of the Secretary, to control expansion of irrigation from aquifers affected by irrigation in the contract service area; (2) the canals and distribution systems through which water is conveyed after its delivery by the United States to the contractors shall be provided and maintained with linings adequate in his judgment to prevent excessive conveyance losses; and (3) neither the contractor nor the Secretary shall pump or permit others to pump ground water from within the exterior boundaries of the service area of a contractor re^ceiving water from the Central Arizona Project for any use outside

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Page:United States Statutes at Large Volume 82.djvu/934

 892

43 USC 617t. Water exchanges

Water shortage priorities.

New Mexico users, water exchange contracts.

PUBLIC LAW 90-537-SEPT. 30, 1968

[82 STAT.

said contractor's service area unless the Secretary and such contractor shall agree, or shall have previously agreed, that a surplus of ground water exists and that drainage is or was required. Such contracts shall be subordinate at all times to the satisfaction of all existing contracts between the Secretary and users in Arizona heretofore made pursuant to the Boulder Canyon Project Act (45 Stat. 1057). (d) The Secretary may require in any contract under which water is provided from the Central Arizona Project that the contractor agree to accept main stream water in exchange for or in replacement of existing supplies from sources other than the main stream. The Secretary shall so require in the case of users in Arizona who also use water from the Gila River system to the extent necessary to make available to users of water from the Gila River system in New Mexico additional quantities of water as provided in and under the conditions specified in subsection (f) of this section: Provided, That such exchanges and replacements shall be accomplished without economic injury or cost to such Arizona contractors. (e) I n times of shortage or reduction of main stream Colorado River water for the Central Arizona Project, as determined by the Secretary, users which have yielded water from other sources in exchange for main stream water supplied by that project shall have a first priority to receive main stream water, as against other users supplied by that project which have not so yielded water from other sources, but only m quantities adequate to replace the water so yielded. (f)(1) In the operation of the Central Arizona Project, the Secretary shall offer to contract with water users in New Mexico for water from the Gila River, its tributaries and underground water sources in amounts that will permit consumptive use of water in New Mexico of not to exceed an annual average in any period of ten consecutive years of eighteen thousand acre-feet, including reservoir evaporation, over and above the consumptive uses provided for by article IV of the decree of the Supreme Court of the United States in Arizona against California (376 U.S. 340). Such increased consumptive uses shall not begin until, and shall continue only so long as, delivery of Colorado River water to downstream Gila River users in Arizona is being accomplished in accordance with this Act, in quantities sufficient to replace any diminution of their supply resulting from such diversion from the Gila River, its tributaries and underground water sources. I n determining the amount required for this purpose full consideration shall be given to any differences in the quality of the waters involved. (2) The Secretary shall further offer to contract with water users in New Mexico for water from the Gila River, its tributaries, and underground water sources in amounts that will permit consumptive uses of water in New Mexico of not to exceed an annual average in any period of ten consecutive years of an additional thirty thousand acrefeet, including reservoir evaporation. Such further increases in consumptive use shall not begin until, and shall continue only so lon^ as, works capable of augmenting the water suppl^^ of the Colorado River system have been completed and water sufficiently in excess of two million eight hundred thousand acre-feet per annum is available from the main stream of the Colorado River for consumptive use in Arizona to provide water for the exchanges herein authorized and provided. I n determining the amount required for this purpose full consideration shall be given to any differences in the quality of the waters involved. (3) All additional consumptive uses provided for in clauses (1) and (2) of this subsection shall be subject to all rights in New Mexico and Arizona as established by the decree entered by the United States District Court for the District of Arizona on June 29, 1935, in United States against Gila Valley Irrigation District and others (Globe Equity Numbered 59) and to all other rights existing on the effective

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PUBLIC LAW 90-537-SEPT. 30, 1968

date of this Act in Xew Mexico and Arizona to water from the Gila River, its tributaries, and underground water sources, and shall be junior thereto and shall be made only to the extent possible without economic injury or cost to the holders of such rights. (g) For a period of ten years from the date of enactment of this Act, no water from the projects authorized by this Act shall be delivered to any water user for the production on newly irrigated lands of any basic agricultural commodity, as defined in the Agricultural Act of 1949, or any amendment thereof, if the total supply of such 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 1938 (52 Stat. 38), as amended (7 U-S.C. 1301), unless the Secretary of Agriculture calls for an increase in production of such commodity in the interest of national security. SEC. 305. To the extent that the flow of the main stream of the Colorado River is augmented in order to make sufficient water available for release, as determined by the Secretary pursuant to article 11(b)(1) of the decree of the Supreme Court of the United States in Arizona against California (376 U.S. 340), to satisfy annual consumptive use of two million eight hundred thousand acre-feet in Arizona, four million four hundred thousand acre-feet in California, and three hundred thousand acre-feet in Nevada, respectively, the Secretary shall make such water available to users of main stream water in those States at the same costs (to the extent that such costs can be made comparable through the nonreimbursable allocation to the replenishment of the deficiencies occasioned by satisfaction of the Mexican Treaty burden as herein provided and financial assistance from the development fund established by section 403 of this Act) and on the same terms as would be applicable if main stream water were available for release in the quantities required to supply such consumptive use. SEC. 306. The Secretary shall undertake programs for water salvage and ground water recovery along and adjacent to the main stream of the Colorado River. Such programs shall be consistent with maintenance of a reasonable degree of undisturbed habitat for fish and wildlife in the area, as determined by the Secretary. SEC. 307. The Dixie Project, heretofore authorized in the State of Utah, is hereby reauthorized for construction at the site determined feasible by the Secretary, and the Secretary shall integrate such project into the repayment arrangement and participation in the Lower Colorado River Basin Development Fund established by title IV of this Act consistent with the provisions of the Act: Provided, That section 8 of Public Law 88-565 (78 Stat. 848) is hereby amended by deleting the figure "$42,700,000" and inserting in lieu thereof the figure "$58,000,000". SEC. 308. The conservation and development of the fish and wildlife resources and the enhancement of recreation opportunities in connection with the project works authorized pursuant to this title shall be in accordance with the provisions of the Federal Water Project Recreation Act (79 Stat. 213), except as provided in section 302 of this Act. SEC. 309. (a) There is hereby authorized to be appropriated for construction of the Central Arizona Project, including prepayment for power generation and transmission facilities but exclusive of distribution and drainage facilities for non-Indian lands, $832,180,000 plus or minus such amounts, if any, as may be justified by reason of ordinary fluctuations in construction costs as indicated by engineering cost indices applicable to the types of construction involved therein and, in addition thereto, such sums as may be required for operation and maintenance of the project.

893

Newly irrigated lands, restriction.

63 Stat. 1051. 7 USC 1421 note.

62 Stat. 1251.

Main stream water c o s t.

Water salvage programs.

Dixie project, integration.

43 USC 616hh.

F i s h and wildlife conservation and development. 16 USC 460^12 note. eentral Arizona project, appropriation.

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Page:United States Statutes at Large Volume 82.djvu/936

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PUBLIC LAW 90-537-SEPT. 30, 1968

Non-Indian facilities, appropriatic

[82 STAT.

(b) There is also authorized to be appropriated $100,000,000 for construction of distribution and drainage facilities for non-Indian lands. Notwithstanding the provisions of section 403 of this Actj neither appropriations made pursuant to the authorization contained in this subsection (b) nor revenues collected in connection with the operation of such facilities shall be credited to the Lower Colorado River Basin Development Fund and payments shall not be made from that fund to the general fund of the Treasury to return any part of the costs of construction, operation, and maintenance of such facilities. TITLE IV ~ L O W E R COLORADO R IV E R B A S I N DEVELOPMENT F U N D: ALLOCATION AND REPAYMENT OF C O S T S: CONTRACTS

16 USC 460^12 note.

Indian lands, repayment c a p a bility.

Lower Colorado River B a s i n Development Fund. Establishment.

Ante,

p. 88 7.

SEC. 401. Upon completion of each lower basin unit of the project herein or hereafter authorized, or separate feature thereof, the Secretary shall allocate the total costs of constructing said unit or features to (1) commercial powder, (2) irrigation, (3) municipal and industrial water supply, (4) flood control, (5) navigation, (6) water quality control, (7) recreation, (8) fish and wildlife, (9) the replenishment of the depletion of Colorado River flows available for use in the United States occasioned by performance of the Water Treaty of 1944 with the United Mexican States (Treaty Series 994; 59 Stat. 1219), and (10) any other purposes authorized under the Federal reclamation laws. Costs of construction, operation, and maintenance allocated to the replenishment of the depletion of Colorado River flows available for use in the Unitfid States occasioned by compliance with the Mexican Water Treaty (including losses in transit, evaporation from regulatory reservoirs, and regulatory losses at the Mexican boundary, incurred in the transportation, storage, and delivery of water in discharge of the obligations of that treaty) shall be nonreimbursable: Provided, That the nonreimbursable allocation shall be made on a pro rata basis to be determined by the ratio between the amount of water required to comply with the Mexican Water Treaty and the total amount of water by which the Colorado River is augmented pursuant to the investigations authorized by title II of this Act and any future Congressional authorization. The repayment of costs allocated to recreation and fish and wildlife enhancement shall be in accordance with the provisions of the Federal Water Project Recreation Act (79 Stat. 213): Provided, That all of the separable and joint costs allocated to recreation and fish and wildlife enhancement as a part of the Dixie project, Utah, shall be nonreimbursable. Costs allocated to nonreimbursable purposes shall be nonreturnable under the provisions of this Act. SEC. 402. The Secretary shall determine the repayment capability of Indian lands within, under, or served by any unit of the project. Construction costs allocated to irrigation of Indian lands (including provision of water for incidental domestic and stock water uses) and within the repayment capability of such lands shall be subject to the Act of July 1, 1932 (47 Stat. 564; 25 U.S.C. 386a), and such costs that are beyond repayment capability of such lands shall be nonreimbursable. SEC. 403. (a) There is hereby established a separate fund in the Treasury of the United States to be known as the Lower Colorado River Basin Development Fund (hereafter called the "development fund"), which shall remain available until expended as hereafter provided. (b) All appropriations made for the purpose of carrying out the provisions of title III of this Act shall be credited to thp development

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PUBLIC LAW 90-537-SEPT. 30, 1968

895

fund as advances from the general fund of the Treasury, and shall be available for such purpose. (c) There shall also be credited to the development fund— (1) all revenues collected in connection with the operation of facilities authorized in title III in furtherance of the purposes of ^"'e^ P 887. this Act (except entrance, admission, and other recreation fees or charges and proceeds received from recreation concessionaires), including revenues which, after completion of payout of the Central Arizona Project as required herein are surplus, as determined by the Secretary, to the operation, maintenance, and replacement requirements of said project; (2) any Federal revenues from the Boulder Canyon and Parker-Davis projects which, after completion of repayment requirements of the said Boulder Canyon and Parker-Davis projects, are surplus, as determined by the Secretary, to the operation, maintenance, and replacement requirements of those projects: Provided, however, That the Secretary is authorized and directed to continue the in-lieu-of-tax payments to the States of Arizona and Nevada provided for in section 2(c) of the Boulder Canyon Project Adjustment Act so long as revenues accrue from the opera- 54 Stat. 7 7 5. 43 USC 618a. tion of the Boulder Canyon project; and (3) any Federal revenues from that portion of the Pacific Northwest-Pacific Southw^est intertie located in the States of Nevada and Arizona which, after completion of repayment requirements of the said part of the Pacific Northwest-Pacific Southwest intertie located m the States of Nevada and Arizona, are surplus, as determined by the Secretary, to the operation, maintenance, and replacement requirements of said portion of the Pacific Northwest-Pacific Southwest intertie and related facilities. (d) All moneys collected and credited to the development fund pur- ^ Development suant to subsection (b) and clauses (1) and (3) of subsection (c) fund revenue u s e. of this section and the portion of revenues derived from the sale of power and energy for use in Arizona pursuant to clause (2) of subsection (c) of this section shall be available, without further appropriation, for— (1) defraying the costs of operation, maintenance, and replacements of, and emergency expenditures for, all facilities of the projects, within such separate limitations as may be included in annual appropriation Acts; and (2) payments to reimburse water users in the State of Arizona for losses sustained as a result of diminution of the production of hydroelectric power at Coolidge Dam, Arizona, resulting from exchanges of water between users in the States of Arizona and New Mexico as set forth in section 304(f) of this Act. (e) Revenues credited to the development fund shall not be available for construction of the works comprised within any unit of the project herein or hereafter authorized except upon appropriation by the Congress. (f) Moneys credited to the development fund pursuant to subsection (b) and clauses (1) and (3) of subsection (c) of this section and the portion of revenues derived from the sale of power and energy for use in Arizona pursuant to clause (2) of subsection (c) of this section in excess of the amount necessary to meet the requirements of clauses (1) and (2) of subsection (d) of this section shall be paid annually to the general fund of the Treasury to return— (1) the costs of each unit of the projects or separable feature thereof authorized pursuant to title i l l of this Act which are allocated to irrigation, commercial power, or municipal and industrial water supply, pursuant to this Act within a period not

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Page:United States Statutes at Large Volume 82.djvu/938

 896

Interest rate.

Annual budgets, submittal to Congress. Report to Congress.

PUBLIC LAW 90-537-SEPT. 30, 1968

[82 STAT.

exceeding fifty years from the date of completion of each such imit or separable feature, exclusive of any development period authorized by law: Provided, That return of the cost, if any, required by section 307 shall not be made until after the payout period of the Central Arizona Project as authorized herein; and (2) interest (including interest during construction) on the unamortized balance of the investment in the commercial power and municipal and industrial water supply features of the project at a rate determined by the Secretary of the Treasury in accordance with the provisions of subsection (h) of this section, and interest due shall be a first charge. (g) All revenues credited to the development fund in accordance with clause (c)(2) of this section (excluding only those revenues derived from the sale of power and energy for use in Arizona during the payout period of the Central Arizona Project as authorized herein) and such other revenues as remain in the development fund after making the payments required by subsections (d) and (f) of this section shall oe available (1) to make payments, if any, as required by sections 307 and 502 of this Act, and (2) upon appropriation by the Congress, to assist in the repayment of reimbursable costs incurred in connection with units hereafter constructed to provide for the augmentation of the water supplies of the Colorado River for use below Lee Ferry as may be authorized as a result of the investigations and recommendations made pursuant to section 201 and subsection 203(a) of this Act. (h) The interest rate applicable to those portions of the reimbursable costs of each unit of the project which are properly allocated to commercial power development and municipal and industrial water supply shall be determined by the Secretary oi the Treasury, as of the beginning of the fiscal year in which the first advance is made for initiating construction of such unit, on the basis of the computed average intere^ rate payable by the Treasury upon its outstanding marketable public obligations which are neither due nor callable tor redemption for fifteen years from the date of issue. (i) Business-type budgets shall be submitted to the Congress annually for all operations financed by the development fund. SEC. 404. On January 1 of each year the Secretary shall report to the Congress, beginning with the fiscal year ending June 30, 1969, upon the status of the revenues from and the cost of constructing, operating, and maintaining each lower basin unit of the project for the preceding fiscal year. The report of the Secretary shall be prepared to reflect accurately the Federal investment allocated at that time to power, to irrigation, and to other purposes, the progress of return and repayment thereon, and the estimated rate of progress, year by year, in accomplishing full repayment. TITLE V—UPPER COLORADO RIVER BASIN: AUTHORIZATIONS AND REIMBURSEMENTS SEC. 501. (a) In order to provide for the construction, operation, and maintenance of the Animas-La Plata Federal reclamation project, (Colorado-New Mexico; the Dolores, Dallas Creek, West Divide, and San Miguel Federal reclamation projects, Colorado; and the Central Utah project (Uintah unit), Utah, as participating projects under the Colorado River Storage Project Act (70 Stat. 105; 43 U.S.C. 620), and to provide for the completion of planning reports on other participating projects, clause (2) of section 1 of said Act is hereby further amended by (i) inserting the words "and the Uintah unit" after the

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word "phase'- within the parenthesis following "Central Utah", (ii) deleting the words Pine River Extension*' and inserting in lieu thereof the words "Animas-La Plata, Dolores, Dallas Creek, "West Divide, San Miguel", (iii) adding after the words "Smith Fork: the proviso ^''Prcyvlded^ That construction of the Uintah unit of the Central Utah project shall not be undertaken by the Secretary until he has completed a feasibility report on such unit and submitted such report Report to to the Congress along with his certification that, in his judgment, the °"8'"*^^benefits of such unit or segment will exceed the costs and that such unit is physically and financially feasible, and the Congress has authorized the appropriation of funds for the construction thereof:". Section 2 of said Act is hereby further amended by (i) deleting the '^^ '^^c 620a. words "Parshall, Troublesome, Rabbit Ear, San Miguel, West Divide, Tomichi Creek, East River, Ohio Creek, Dallas Creek, Dolores, Fruit Growers Extension, Animas-La Plata", and inserting after the words "Yellow' Jacket" the words "Basalt Middle P a r k (including the Troublesome, Rabbit Ear, and Azure units), Upper Gunnison (including the East River, Ohio Creek, and Tomichi Creek units), Lower Yampa (including the Juniper and Great Northern units). Upper Yampa (including the Hay den Mesa, Wessels, and Toponas u n i t s) "; (ii) by inserting after the word "Sublette" the words "(including a diversion of water from the Green River to the North Platte River Basin in Wyoming), Ute Indian unit of the Central Utah Project, San Juan County ( U t a h), Price River, Grand County ( U t a h), Gray Canyon, and Juniper ( U t a h) "; and (iii) changing the period after "projects" to a colon and adding the following proviso: '"''Provided, That the planning report for the Ute Indian unit of the Central Utah participating project shall be completed on or before December 31, 1974, to enable the United States of America to meet the commitments heretofore made to the L"te Indian Tribe of the Uintah and Ouray Indian Reservation under the agreement dated September 20, 1965 (Contract Numbered 14-06-W-194).". The amount which section 12. Authorization of said Act authorizes to be appropriated is hereby further increased ^""a^u^s^c 62ok. by the sum of $392,000,000, plus or minus such amounts, if any, as may be required, by reason of changes in construction costs as indicated by engineering cost indices applicable to the type of construction involved. This additional sum shall be available solely for the construction of the Animas-La Plata, Dolores, Dallas Creek, West Divide, and San Miguel projects herein authorized. (b) The Secretary is directed to proceed as nearly as practicable with the construction of the Animas-La Plata, Dolores, Dallas Creek, West Divide, and San Miguel participating Federal reclamation projects concurrently with the construction of the Central Arizona Project, to the end that such projects shall be completed not later than the date of the first delivery of water from said Central Arizona Project: Provided, That an appropriate repayment contract for each of said participating projects shall have been executed as provided in section 4 of the (Colorado River Storage Project Act (70 Stat. 107) before con- 43 USC 620c. struction shall start on that particular project. (c) The Animas-La Plata Federal reclamation project shall be pi'triTeJerai constructed and operated in substantial accordance with the engineer- reclamation ing plans set out in the report of the Secretary transmitted to the Con- ^'°^^„^'j,^°""^"' gress on May 4, 1966, and printed as House Document 436, Eighty- of C o n g r e s s. ninth Congress: Provided, That construction of the Animas-La Plata Federal reclamation project shall not be undertaken until and unless the States of Colorado and New Mexico shall have ratified the following compact to which the consent of Congress is hereby given:

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PUBLIC LAW 90-537-SEPT. 30, 1968

[82 STAT.

" A N I M A S - L A PLATA PROJECT COMPACT

"The State of Colorado and the State of New Mexico, in order to implement the operation of the Animas-La Phita Federal Reclamation Project, Colorado-New Mexico, a proposed participating project under the Colorado River Storage Project Act (70 Stat. 105; 48 U.S.C. 620) and being moved by considerations of interstate comity, have resolved to conclude a compact for these purposes and have agreed upon the following articles: "ARTICLE

I

"A. The right to store and divert water in Colorado and New Mexico from the L a Plata and Animas River systems, including return flow to the La Plata River from Animas River diversions, for uses in New Mexico under the Animas-La Plata Federal Reclamation Project shall be valid and of equal priority with those rights granted by decree of the Colorado state courts for the uses of water in Colorado for that project, providing such uses in New" Mexico are within the allocation of water made to that state by articles III and X IV of the Upper Colorado River Basin Compact (63 Stat. 31). " B. The restrictions of the last sentence of Section (a) of Article IX of the Upper Colorado River Basin Compact shall not be construed to vitiate paragraph A of this article. "ARTICLE

'

II

"This Compact shall become binding and obligatory when it shall have been ratified by the legislatures of each of the signatory States." (d) The Secretary shall, for the Animas-La Plata, Dolores, Dallas Creek, San Miguel, West Divide, and Seedskadee participating projects of the Colorado River storage project, establish the nonexcess irrigable acreage for which any single ownership may receive project water at one hundred and sixty acres of class 1 land or the equivalent thereof, as determined by the Secretary, in other land classes. (e) In the diversion and storage of water for any project or any parts thereof constructed under the authority of this Act or the Colorado River Storage Project Act within and for the benefit of the State of Colorado only, the Secretary is directed to comply with the constitution and statutes of the State of Colorado relating to priority of appropriation; with State and Federal court decrees entered pursuant thereto; and with operating principles, if any, adopted by the Secretary and approved by the State of Colorado. (f) The words "any western slope appropriations'" contained in paragraph (i) of that section of Senate Document Numbered 80, Seventy-fifth Congress, first session, entitled "Manner of Operation of Project Facilities and Auxiliary Features", shall mean and refer to the appropriation heretofore made for the storage of water in Green Mountain Reservoir, a unit of the Colorado-Big Thompson Federal reclamation project, Colorado; and the Secretary is directed to act in accordance with such meaning and reference. It is the sense of Congress that this directive defines and observes the purpose of said paragraph (i), and does not in any way affect or alter any rights or obligations arising under said Senate Document Numbered 80 or under the laws of the State of Colorado. SEC. 502. The Upper Colorado River Basin Fund established under section 5 of the Colorado River Storage Project Act (70 Stat. 107; 43 U.S.C. 620d) shall be reimbursed from the Colorado River Development F u n d established by section 2 of the Boulder Canyon Project Adjustment Act (54 Stat. 774; 43 U.S.Cl 51«a) for the money expended heretofore or hereafter from the L^pper Colorado River Basin

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PUBLIC LAW 90-537-SEPT. 30, 1968

F u n d to meet deficiencies in generation at Hoover Dam during the filling period of storage units of the Colorado River storage project pursuant to the criteria for the filling of Glen Canyon Reservoir (27 Fed. Reg. 6851, July 19, 1962). For this purpose, $500,000 for each year of operation of Hoover Dam and powrplant, commencing with fiscal year 1970, shall be transferred from the Colorado River Development Fund to the Upper Colorado River Basin Fund, in lieu of application of said amounts to the purposes stated in section 2(d) of the Boulder Canyon Project Adjustment Act, until such reimbursement is accomplished. To the extent that any deficiency in such reimbursement remains as of June 1, 1987, the amount of the remaining deficiency shall then be transferred to the Upper Colorado River Basin F u n d from the Lower Colorado River Basin Development Fund, as provided in subsection (g) of section 403.

899

62 Stat. 284. 43 USC 618a.

TITLE VI—GENERAL PROVISIONS: DEFINITIONS: CONDITIONS SEC. 601. (a) Nothing in this Act shall be construed to alter, amend, repeal, modify, or be in conflict with the provisions of the Colorado River Compact (45 Stat. 1057), the Upper Colorado River Basin Compact (63 Stat. 31), the Water Treaty of 1944 with the United Mexican States (Treaty Series 994; 59 Stat. 1219), the decree entered by the Supreme Court of the United States in Arizona against California and others (376 U.S. 340), or, except as otherwise provided herein, the Boulder Canyon Project Act (45 Stat. 1057), the Boulder Canyon Project Adjustment Act (54 Stat. 774; 43 U.S.C. 618a) or the Colorado River Storage Project Act (70 Stat. 105; 43 U.S.C. 620). (b) The Secretary is directed to— (1) make reports as to the annual consumptive uses and losses of water from the Colorado River system after each successive fiveyear period, beginning with the five-year period starting on October 1, 1970. Such reports shall include a detailed breakdown of the beneficial consumptive use of water on a State-by-State basis. Specific figures on quantities consumptively used from the major tributary streams flowing into the Colorado River shall also be included on a State-by-State basis. Such reports shall be prepared in consultation with the States of the lower basin individually and with the Upper Colorado River Commission, and shall be transmitted to the President, the Congress, and to the Governors of each State signatory to the Colorado River Compact; and (2) condition all contracts for the delivery of water originating in the drainage basin of the Colorado River system upon the availability of water under the Colorado River Compact. (c) All Federal officers and agencies are directed to comply with the applicable provisions of this Act, and of the laws, treaty, compacts, and decree referred to in subsection (a) of this section, in the storage and release of water from all reservoirs and in the operation and maintenance of all facilities in the Colorado River system under the jurisdiction and supervision of the Secretary, and in the operation and maintenance of all works which may be authorized hereafter for the augmentation of the water suppW of the Colorado River system. I n the event of failure of any such officer or agency to so comply, any affected State may maintain an action to enforce the provisions of this section in_ the Supreme Court of the United States and consent is given to the joinder of the United States as a party in such suit or suits, as a defendant or otherwise.

43 USC 617t.

Reports to the President, Congress, etc.

Federal officers and agencies, compliance.

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 900

63 Stat. 3 1; 59 Stat. 1219. 70 Stat. 105; 45 Stat. 1057; 54 Stat. 779. 43 USC 620, 6 I 7 t, 6180.

Criteria, review and comment.

Publication in Federal Register. Report to Congress, etc.

43 USC 620f-

PUBLIC LAW 90-537-SEPT. 30, 1968

[82 STAT.

SEC. 602. (a) In order to comply with and carry out the provisions of the Colorado River Compact, the Upper Colorado River Basin Compact, and the Mexican Water Treaty, the Secretary shall propose criteria for the coordinated long-range operation of the reservoirs constructed and operated under the authority of the Colorado River Storage Project Act, the Boulder Canyon Project Act, and the Boulder Canyon Project Adjustment Act. To effect in part the purposes expressed in this paragraph, the criteria shall make provision for the storage of water in storage units of the Colorado River storage project and releases of water from Lake Powell in the following listed order of priority: (1) releases to supply one-half the deficiency described in article III (c) of the Colorado River Compact, if any such deficiency exists and is chargeable to the States of the Upper Division, but in any event such releases, if any, shall not be required in any year that the Secretary makes the determination and issues the proclamation specified in section 202 of this Act; (2) releases to comply with article I l l (d) of the Colorado River Compact, less such quantities of water delivered into the Colorado River below Lee Ferry to the credit of the States of the Upper Division from other sources; and (3) storage of water not required for the releases specified in clauses (1) and (2) of this subsection to the extent that the Secretary, after consultation with the Upper Colorado River Commission and representatives of the three Lower Division States and taking into consideration all relevant factors (including, but not limited to, historic stream-flows, the most critical period of record, and probabilities of water supply), shall find this to be reasonably necessary to assure deliveries under clauses (1) and (2) without impairment of annual consumptive uses in the upper basin pursuant to the Colorado River Compact: Provided. That water not so required to be stored shall be released from Lake Powell: (i) to the extent it can be reasonably applied in the States of the Lower Division to the uses specified in article I l l (e) of the Colorado River Compact, but no such releases shall be made when the active storage in Lake Powell is less than the active storage in Lake Mead, (ii) to maintain, as nearly as practicable, active storage in Lake Mead equal to the active storage in Lake Powell, and (iii) to avoid anticipated spills from Lake Powell. (b) I^ot later than January 1, 1970, the criteria proposed in accordance with the foregoing subsection (a) of this section shall be submitted to the Governors of the seven Colorado River Basin States and to such other parties and agencies as the Secretary may deem appropriate for their review and comment. After receipt of comments on the proposed criteria, but not later than July 1, 1970, the Secretary shall adopt appropriate criteria in accordance with this section and publish the same in the Federal Register. Beginning January 1, 1972, and yearly thereafter, the Secretary shall transmit to the Congress and to the Governors of the Colorado River Basin States a report describing the actual operation under the adopted criteria for the preceding compact water year and the projected operation for the current year. As a result of actual operating experience or unforeseen circumstances, the Secretary may thereafter modify the criteria to better achieve the purposes specified in subsection (a) of this section, but only after correspondence with the Governors of the seven Colorado River Basin States and appropriate consultation with such State representatives as each Governor may designate. (c) Section 7 of the Colorado River Storage Project Act shall be administered in accordance with the foreffoins: criteria.

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PUBLIC LAW 90-538-SEPT. 30, 1968

SEC. 603. (a) Rights of the upper basin to the consumptive use of Avater available to that basin from the Colorado River system under the Colorado River Compact shall not be reduced or prejudiced by any use of such water in the lower basin. (b) Nothing in this Act shall be construed so as to impair, conflict with, or otherwise change the duties and powers of the Upper Colorado River Commission. SEC. 604. Except as otherwise provided in this Act, in constructing, operating, and maintaining the units of the projects herein and hereafter authorized, the Secretary shall be governed by the Federal reclamation laws (Act of June l7, 1902; 32 Stat. 388, and Acts amendatory thereof or supplementary thereto) to which laws this Act shall be deemed a supplement. SEC. 605. Part I of the Federal Power Act (41 Stat. 1063; 16 U.S.C. 791a-823) shall not be applicable to the reaches of the main stream of the Colorado River between Hoover Dam and Glen Canyon Dam until and unless otherwise provided by Congress. SEC. 606. A s used in this Act, (a) all terms which are defined in the Colorado River Compact shall have the meanings therein defined; (b) "Main stream" means the main stream of the Colorado River downstream from Lee Ferry within the United States, including the reservoirs thereon; (c) "User" or "water user" in relation to main stream water in the lower basin means the United States or any person or legal entity entitled under the decree of the Supreme Court of the United States in Arizona against California, and others (376 U. S. 340), to use main stream water when available thereunder; (d) "Active storage" means that amount of water in reservoir storage, exclusive of bank storage, which can be released through the existing reservoir outlet works; (e) "Colorado River Basin States" means the States of Arizona, California, Colorado, Nevada, New Mexico, Utah, and Wyoming; (f) "Western United States" means those States lying wholly or in part west of the Continental Divide; and (g) "Augment" or "augmentation", when used herein with reference to water, means to increase the supply of the Colorado River or its tributaries by the introduction of water into the Colorado River system, which is in addition to the natural supply of the system. Approved September 30, 1968.

901

43 USC 371

Definitions.

Public Law 90-538 AN ACT

SeptemberSO, 1968

To authorize preschool and early education programs for handicapped children.

[H.R.18763]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act Handicapped may be cited as the "Handicapped Children's Early PMucation As- Educ'^iru.'n AsMstSistance Act ".

ance Act. PROGRAM AUTHORIZED

SEC. 2, (a) The Commissioner of Education (hereafter in this title referred to as the "Commissioner") is authorized to arrange by contract, grant, or otherwise with appropriate public agencies and private nonprofit organizations, for the development and carrying out by such agencies and organizations of experimental preschool and early education programs for handicapped children which the Commissioner determines show promise of promoting a comprehensive and strength-

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Federal share.

PUBLIC LAW 90-539-SEPT. 30, 1968

[82 STAT.

eiied approach to the special problems of such children. Such programs shall be distributed to the greatest extent possible throughout the Nation, and shall be carried out both in urban and in rural areas. Such programs shall include activities and services designed to (1) facilitate the intellectual, emotional, physical, mental, social, and language development of such children; (2) encourage the participation of the parents of such children in the development and operation of any such program; and (3) acquaint the community to be served by any such program with the problems and potentialities of such children. (b) Each arrangement for developing or carrying out a program authorized by this section shall provide for the effective coordination of each such program with similar programs in the schools of the community to be served by such a program. ^g) No arrangement pursuant to this Act shall provide for the payment of more than 90 per centum of the cost of developing, carrying out, or evaluating such a program. Non-Federal contributions may be in cash or in kind, fairly evaluated, including, but not limited to, plant, equipment, and services. EVALUATION

SEC. 3. The Commissioner shall conduct either directly or by contract with independent organizations a thorough and continuing evaluation of the effectiveness of each program assisted under this Act. DEFINITION OF HANDICAPPED CHILDREN

SEC. 4. As used in this Act, the term "handicapped children" means mentally retarded, hard of hearing, deaf, speech impaired, visually handicapped, seriously emotionally disturbed, crippled, or other health-impaired children who by reason thereof require special education and related services. APPROPRIATIONS AUTHORIZED

S E C 5. There is authorized to be appropriated for the purpose of this Act $1,000,000 for the fiscal year ending June 30, 1969, $10,000,000 for the fiscal year ending June 30, 1970, and $12,000,000 for the fiscal year ending June 30, 1971. Approved September 30, 1968. Public Law 90-539 September30, 1968 AN ACT [H.R. 18786] To amend the Central Intelligence Agency Retirement Act of 1964 for Certain Employees, and for other purposes.

Be it enacted by the Senate and House of Representatives of the Central IntelUnited States of America in Congress assembled, That section 291 of AcMge^l!"^^""^"* ^he Central Intelligence Agency Retirement Act of 1964 for Certain amendment.' Employees (78 Stat. 1043; 50 U.S.C. 403 note) is amended to read as follows: "SEC. 291. (a) On the basis of determinations made by the Director pertaining to per centum change in the Price Index, the following adjustments shall be made: '" (1) Each annuity payable from the fund on January 1, 1967, shall

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