An Act to facilitate compliance with the convention between the United States of America and the United Mexican States, signed August 29, 1963, and for other purposes
PL 88-300 (S.2394), enacted 04/29/1964

184 
PUBLIC LAW 88-300-APR. 29, 1964 
[78 STAT. 
April 29, 1964 
[S. 2394] 
Public Law 88-300 
AN ACT 
To facilitate coinpliance witli the convention between the United States of 
America and the United Mexican States, signed August 29, 1963, and for 
other purposes. 
American-Mexi-
can Chamizal Con-
vention Act of 
1964. 
Investigations. 
Acquisition of 
lands. 
Relocation of 
facilities. 
Maintenance. 
Regulations. 
Reimbursement 
of owners and 
tenants. 
Limitation. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled., That this Act may be 
cited as the "American-Mexican Chamizal Convention Act of 1964." 
In connection with the convention between the LTnited States of 
America and the United Mexican States for the solution of the prob-
lem of the Chamizal, signed August 29, 1963, the Secretary of State, 
acting through the United States Commissioner, 
International 
Boundary and Water Commission, United States and Mexico, is 
authorized— 
a. to conduct technical and other investigations relating to: 
the demarcation or monumentation of the boundary between the 
United States and Mexico; flood control; water resources; sanita-
tion and prevention of pollution; channel relocation, improve-
ment, and stabilization; and other matters related to the new river 
channel. 
b. to acquire by donation, purchase, or condemnation, all lands 
required— 
(1) for transfer to Mexico as provided in said convention; 
(2) for construction of that portion of the new river chan-
nel and the adjoining levee in the territory of the United 
States; 
(3) for relocation of highways, roadways, railroads, tele-
graph, telephone, electric transmission lines, bridges, related 
facilities, and any publicly owned structure or facility, the 
relocation of which, in the judgment of the said Commis-
sioner, is necessitated by the project. 
c. For the purpose of effecting said relocations— 
(1) to perform any or all work involved in said relocations; 
(2) to enter into contracts with the owners of properties 
to be relocated whereby they undertake to acquire any or all 
properties needed for said relocations, or undertake to per-
form any or all work involved in said relocations; 
(3) to convey or exchange properties acquired or improved 
by the United States under this Act or under said convention, 
with or without improvements, or to grant term or perpetual 
easements therein or thereover. 
SEC. 2. The United States Commissioner is authorized to construct, 
ojDerate, and maintain all works provided for in said convention and 
this Act, and to turn over the operation and maintenance of any such 
works to any Federal agency, or any State, county, municipality, dis-
trict, or other political subdivision within which such project or works 
may be in whole or in part situated, upon such terms, conditions, and 
requirements as the Commissioner may deem appropriate. 
SEC. 3. The United States Commissioner, under 
regulations 
approved by the Secretary of State, and upon application of the 
owners and tenants of lands to be acquired by the United States to 
fulfill and accomplish the purposes of said convention, and to the 
extent administratively determined by the Commissioner to be fair 
and reasonable, is authorized to— 
a. Reimburse the owners and tenants for expenses and other 
losses and damages incurred by them in the process and as a direct 
result of such moving of themselves, their families, and their pos-
sessions as is occasioned by said acquisition: Provided^ That the 
total of such reimbursement to the owners and tenants of any par-
v / 
78 STAT.] 
PUBLIC LAW 88-300-APR. 29, 1964 
185 
eel of land shall in no event exceed 25 per centum of its fair value, 
as determined by the Commissioner. Xo payment under this sub-
section shall be made unless application therefor is supported by 
an itemized and certified statement of the expenses, losses, and 
damages incurred. 
b. Compensate the said owners and tenants for identifiable, rea-
sonable, and satisfactorily proved costs and losses to owners and 
tenants over and above those reimbursed under the foregoing sub-
section in the categories hereinafter provided, and for which pur-
pose there shall be established by the Commissioner a board of 
examiners, consisting of such personnel employed and compensa-
tion fixed as he deems advisable, without regard to the provisions 
of the civil service laws and the Classification Act of 1949, as 
amended. Said board may hold hearings and shall examine sub-
mitted evidence and make determinations, subject to the Com-
missioner's approval, regarding all claims in sjiid categories as 
follows: 
(1) For properties— 
(a) For nonconforming abodes and minimum forms of 
shelter for which there are no comparable properties on the 
market in the city of El Paso and concerning which fair mar-
ket value would be inadequate to find minimum housing of 
equal utility, compensation to the owner up to an amount 
which when added to the market value allowed for his prop-
erty, including land values, would enable purchase of min-
imum habitable housing of similar utility in another residen-
tial section of said city. 
(b) For commercial properties for which there are no com-
parable properties on the market in or near El Paso, Texas, 
compensation to the owner up to an amount which, when 
added to the total fair market value, including the land value, 
would compensate the owner for the "value in use'' of the 
real estate to him. 
Such "value in use" is to be determined on 
the basis of replacement cost less deterioration and obsoles-
cence in existing real estate and taking into consideration 
factors bearing upon income attributable to the real estate. 
(2) For loss in business: 
(a) Loss of profits directly resulting from relocation, lim-
ited to the period between termination of business in the old 
location and commencement of business in the new, such 
period not to exceed thirty days. 
(b^ Loss to owner resulting from inability to rent to others 
housing or commercial space that can be reasonably related 
to uncertainties arising out of the pending acquisition of the 
owner's property by the United States, such losses limited to 
those incurred after July 18, 1963, and prior to the making 
by the United States of a firm offer to purchase. 
(3) For penalty costs to property oMiiei-s for prepayment of 
mortgages incident to acquisition of the properties by the United 
States. 
SEC. 4. Application for reimbursement or compensation under sec-
tion 3 of this Act shall be submitted to the Commissioner within either 
one year from the date of acquisition or the date of vacating the 
premises by the applicant, whichever date is later. Applications not 
submitted within said period shall be forever barred. 
SEC. 5. The Commissioner, in rendering an award in favor of any 
claimant under section 3 of this Act, may, as part of such award, 
determine and allow reasonable attorneys' fees which shall not exceed 
10 per centum of the amount awarded, to be paid out of but not in 
Board of exam-
Claims. 
63 Stat. 954. 
5 u s e 1071 
note. 
Abodes. 
Commercial 
properties. 
Business 
losses. 
Penalty costs. 
Compensation. 
Time limitation. 
Attorneys' fees. 
Limitation. 
186 
PUBLIC LAW 88-301-APR. 30, 1964 
[78 STAT. 
Penalty. 
Duplicate pay-
ments. 
Prohibition. 
Exclusions from 
gross income. 
Definitions. 
Exemption. 
Appropri at ion. 
64 Stat. 847. 
addition to the amount of award, to the attorneys representing the 
claimant. Any attorney who charges, demands, receives, or collects 
for services rendered in connection with such claim any amount in 
excess of that allowed by the terms of this section, if award be made, 
shall be fined not more than $2,000 or imprisoned not more than one 
year, or both. 
SEC. 6. Payments to be made as herein provided shall be in addition 
to, but not in duplication of, any payments that may otherwise be 
authorized by law. The means employed to acquire the property, 
whether by condemnation or otherwise, shall not aifect eligibility for 
reimbursement or compensation under this Act. Nothing contained 
in this Act shall be construed as creating any legal right or cause of 
action against the LTnited States or as precluding the exercise by the 
Government of the right of eminent domain or any other right or 
])ower that it may have under this or any other law; nor shall this 
Act be construed as precluding an owner or tenant from asserting any 
rights he may have under other laws or the Constitution of the United 
States. 
SEC. 7. No amount received as an award under subsection a. and sub-
sections b. (1) and (3) of section 3 of this Act shall be included in 
gross income for purposes of chapter 1 of the Internal Revenue Code 
of 1954 (26 U.S.C. 1 et seq.). However, amounts received under sub-
section b. (1) shall be included in gross income to the extent that such 
amounts are not used within one year of the receipt thereof to pur-
chase replacement housing or facilities. 
SEC. 8. As used in this Act, the term "land"' shall include interests 
in land, and the term "fair value" shall mean fair value of the interest 
acquired. The provisions of this Act shall be exempt from the opera-
tions of the Administrative Procedure Act of June 11, 1946 (60 Stat. 
237), as amended (5 U.S.C. 1001-1011). 
SEC. 9. There are authorized to be appropriated to the Department 
of State for the use of the United States section of said Commission 
not to exceed $44,900,000 to carry out the provisions of said convention 
and this Act and for transfer to other Federal agencies to accomplish 
by them or other proper agency relocation of their facilities necessi-
tated by the project. Of the appropriations authorized by this section, 
not to exceed $4,200,000 may be used to carry out the provisions of 
section 3 of this Act. The provisions of section 103 of the American-
Mexican Treaty Act of 1950 (22 U.S.C. 277d-3) are hereby expressly 
extended to apply to the carrying out of the provisions of said conven-
tion and this Act. 
Approved April 29, 1964. 
April 30, 1964 
[S. 1565] 
Public Law 88-301 
AN A C T 
To amend the Act of June 25, 1910 (36 Stat. So? : 2o U.S.C. 406, 407), with resiject 
to the sale of Indian timber. 
Indians, sale of 
timber. 
Unallotted 
lands. 
Be it enacted hy the Senate and House of RepreHentatlves of the 
United States of America in Congress assernhled^ That sections 7 and 8 
of the Act of June 25, 1910 (36 Stat. 857: 25 U.S.C. 406, 407), are 
amended to read as follows: 
"SEC. 7. The timber on unallotted lands of any Indian reservation 
may be sold in accordance with the principles of sustained yield, or 
in order to convert the land to a more desirable use, under regulations 
to be prescribed by the Secretary of the Interior, and the proceeds