An Act to authorize the Secretary of the Interior to construct, operate, and maintain the Auburn-Folsom South unit, American River division, Central Valley project, California, under Federal reclamation laws
PL 89-161 (H.R.485), enacted 09/02/1965

79 STAT.] 
PUBLIC L
A
W 89-161-SEPT. 2, 1965 
615 
Public Law 89-160 
A N A C T 
September 1, 1965 
To amend title 10, United States Code, to authorize language training to be 
[H. R. 5519] 
given to a dependent of a member of the Army, Navy, Air Force, or Marine 
Corps under certain circumstances. 
Be it enacted hy the Senate and House of Representatives of the 
United States of America in Congress assenibled^ That chapter 101 
of title 10, United States Code, is amended as follows: 
(1) By adding the following new section: 
"§2002. Dependents of members of Army, Navy, Air Force, or 
Marine Corps: language training 
"(a) Notwithstanding section 1041 of title 22 or any other pro-
vision of law, and under regulations to be prescribed by the Secretary 
of Defense, language training may be provided in— 
" (1) a facility of the ]>epartment of Defense; 
"(2) a facility of the Foreign Service Institute established 
under section 1041 of title 22; or 
"(3) a civilian educational institution; 
to a dependent of a member of the Army, Navy, Air Force, or Marine 
Corps m anticipation of the member's assignment to permanent duty 
outside the United States. 
"(b) For the purposes of this section, the word 'dependent' has the 
same meaning that it has under section 401 of title 37." 
(2) By inserting the following item in the analysis: 
"2002. Dependents of members of Army, Xavy, Air Force, or Marine Corps: 
language training." 
Approved September 1, 1965. 
Armed Forces. 
70A Stat. 119. 
60 Stat. 1018; 
74 Stat. 337. 
"Dependent. 
76 Stat, 469. 
Public Law 89-161 
AN ACT 
To authorize the Secretary of the Interior to construct, operate, and maintain 
the Auburn-Folsom South unit, American River division, Central Valley 
project, California, under Federal reclamation laws. 
September 2, 1965 
[H. R. 485] 
43 u s e 371 note. 
Be it enacted hy the Senate and House of Representatives of the 
United States of America in Congress assembled^ That, for the prin- sott'h'^nii!^cen" 
cipal purpose or increasing the supply of water available for irriga- trai vaiiey proj-
tion and other beneficial uses in the Central Valley of California, the ^'^cons^truction 
Secretary of the Interior (hereinafter referred to as the "Secretary"), 
acting pursuant to the Federal reclamation laws (Act of June 17, 
1902; 32 Stat. 388, and Acts amendatory thereof or supplementary 
thereto), is authorized to construct, operate, and maintain, as an 
addition to, and an integral part of, the Central Valley project, Cali-
fornia, the Auburn-Folsom South unit, American River division. 
The principal works of the unit shall consist of— 
(1) the Auburn Dam and Reservoir with maximum water sur-
face elevation of one thousand one hundred and forty feet above 
mean sea level, and capacity of approximately two and one-half 
million acre-feet; 
(2) a hydroelectric powerplant at Auburn Dam with initial 
installed capacity of approximately two hundred and forty thou-
sand kilowatts and necessary electric transmission system for 
616 
PUBLIC LAW 89-161-SEPT. 2, 1965 
[79 STAT. 
interconnection with the Central Valley project power system: 
Provided^ That provision may be made for the ultimate develop-
ment of the hydroelectric capacity (now estimated at approxi-
mately four hundred thousand kilowatts) and such installation 
may be made when duly authorized by an Act of Congress: Pro-
vided further^ That no facilities, except those required for inter-
connecting the Auburn powerplant and the Folsom switchyard 
and those interconnecting the Folsom switchyard and the Elverta 
substation, shall be constructed for electric transmission or distri-
bution service which the Secretary determines, on the basis of a 
firm offer of a fifty-year contract from a local public or private 
agency, can be obtained at less cost to the Federal Government 
than by construction and operation of Government facilities; 
(3) the Sugar Pine Dam and Reservoir; 
(4) the Comity Line Dam and Reservoir; 
(5) necessary diversion works, conduits, and other appurtenant 
works for the delivery of water supplies to projects on the Forest 
Hill Divide in Placer County and in the Folsom-Malby area in 
Sacramento and El Dorado Counties; 
(6) the Folsom South canal and cuch related structures, includ-
ing pumping plants, regulating reservoirs, floodways, channels, 
levees, and other appurtenant works for the delivery of water as 
the Secretary determines will best serve the needs of Sacramrnto 
and San Joaquin Counties: Provided^ That the Secretary is 
authorized to include in such canal and related operating struc-
tures such additional works or capacity as he deems necessary and 
economically justified to provide for the future construction of 
the East Siae division of the Central Valley project, and the incre-
mental costs of providing additional works or capacity in the 
Folsom South canal to serve the East Side division of the Central 
Valley project shall be assigned to deferred use for repayment 
from Central Valley project revenues. In the event that the East 
Side division is authorized, such costs shall be deemed a part of 
the cost of that division and shall be reallocated as the Secretary 
deems right and proper. 
^ 
j^oject coordina- 
gj;c. 2. Subject to the provlslous of this Act, the operation of the 
°"* 
Auburn-Folsom South unit, American River division, shall be inte-
grated and coordinated, from both a financial and an operational 
standpoint, with the operation of other features of the Central Valley 
project, as presently authorized and as may in the future be authorized 
by Act of Congress, in such manner as will effectuate the fullest, most 
beneficial, and most economic utilization of the water resources hereby 
Flood control. 
made available. Aubivrn and County Line Dams shall be operated for 
flood control in accordance with criteria established by the Secretary 
of the Army as provided for in section 7 of the Flood Control Act of 
1944 (58 Stat. 887; 33 U.S.C. 709). 
tio°n''w°firhand" 
^^^' ^- (a),Subject to the provisions of subsections (b), (c), (d), 
wildlife facilities, and (c) of this section, the Secretary is authorized in connection with 
the Auburn-Folsom South unit (i) to construct, operate, and maintain 
or provide for the construction, operation, and maintenance of public 
outdoor recreation and fish and wildlife enhancement facilities, (ii) 
to acquire or otherwise to include within the unit area such adjacent 
lands or interests in land as are necessary for present or future public 
recreation or fish and wildlife use, (iii) to allocate water and reservoir 
capacity to recreation and fish and wildlife enhancement, and (iv) to 
provide for the public use and enjoyment of unit lands, facilities, and 
water areas in a manner coordinated with other unit purposes. 
The 
Secretary is further authorized to enter into agreements with Federal 
79 STAT.] 
PUBLIC LAW 89-161-SEPT. 2, 1965 
617 
agencies or State or local public bodies for the operation, maintenance, 
and replacement of unit facilities, and to transfer unit lands or facili-
ties to Federal agencies or State or local public bodies by lease or 
exchange, upon such terms and conditions as will best promote the 
development and operation of such lands or facilities in the public 
interest for recreation and fish and wildlife enhancement purposes. 
(b) Costs of recreation facilities at Sugar Pine Reservoir shall be 
nonreimbursable, and the provisions of subsections (c), (d), and (e) 
of this section shall not be applicable to such facilities. 
(c) (1) If, before commencement of construction of the unit, non-
Federal public bodies agree to administer imit land and water areas 
for recreation or fish and wildlife enhancement or for both of these 
purposes pursuant to the plan for the development of the unit approved 
by the Secretary and to bear not less than one-half the separable costs 
oi the unit allocated to either or both of said purposes, as the case 
may be, and all the costs of operation, maintenance, and replacement 
incurred in connection therewith, the remainder of the separable capi-
tal costs so allocated shall be nonreimbursable. 
(2) In the absence of such a preconstruction agreement recreation 
and fish and wildlife enhancement facilities (other than minimum 
facilities for the public health and safety at reservoir access points) 
shall not be provided, and the allocation of unit costs shall reflect only 
the number of visitor days and the value per visitor day estimated to 
result from such diminished recreation development without reference 
to lands which may be provided pursuant to subsection (e) of this 
section. 
(d) The non-Federal share of the separable capital costs of the unit 
allocated to recreation and fish and wildlife enhancement shall be borne 
by non-Federal interests, under either or both of the following methods 
as may be determined appropriate by the Secretary: (i) payment, or 
provision of lands, interests therein, or facilities for the unit; or (ii) 
repayment, with interest, within fifty years of first use of unit recrea-
tion or fish and wildlife enchancement facilities: Provided^ That the 
source of repayment may be limited to entrance and user fees or charges 
collected at the unit by non-Federal interests if the fee schedule and 
the portion of fees dedicated to repayment are established on a basis 
calculated to achieve repayment as aforesaid and are made subject to 
review and renegotiation at intervals of not more than five years. 
(e) Notwithstanding the absence of preconstruction agreements as 
specified in subsection i(c) of this section lands may be acquired in con-
nection with construction of the unit to preserve its recreation poten-
tial, its fish and wildlife enhancement potential, or both. 
(1) If non-Federal public bodies agree within ten years after initial 
unit operation to admmister unit land and water areas for recreation 
and fish and wildlife enhancement pursuant to the plan for develop-
ment of the unit approved by the Secretary and to bear not less than 
one-half the costs of land acquired therefor pursuant to this subsection 
and facilities and project modifications provided for those purposes 
and all costs of operation, maintenance, and replacement incurred 
therefor, the remainder of the costs of such lands, facilities, and proj-
ect modifications shall be nonreimbursable. 
Such agreement and sub-
sequent development shall not be the basis for any allocation of joint 
costs of the unit to recreation or fish and wildlife enhancement. 
(2) If, within ten years after initial operation of the unit, there is 
not an executed agreement as specified in paragraph (1) of this sub-
section, the Secretary may utilize the lands for any lawful purpose 
within the jurisdiction of the Department of the Interior, or may 
transfer custody of the lands to another Federal agency for use for 
Nonreimbursable 
costs. 
Non-Federal 
share of costs. 
Acquisition of 
49-850 0-66—42 
618 
PUBLIC LAW 89-162-SEPT. 2, 1965 
[79 STAT. 
Local interests. 
Allocation of 
water, limitation. 
Appropriation. 
any lawful purpose within the jurisdiction of that agency, or may 
lease the lands to a non-Federal public body, or may transfer the lands 
to the Administrator of General Services for dispos'ition in accordance 
with the surplus property laws of the United States. In no case shall 
the lands be used or made available for use for any purpose in conflict 
with the purposes for which the project was constructed, and in every 
case preference shall be given to uses which will preserve and promote 
the recreation and fish and wildlife enhancement potential of the 
project or, in the absence thereof, will not detract from that potential. 
(f) Subject to the limitations hereinbefore stated, joint capital 
costs allocated to recreation and fish and wildlife enhancement shall 
be nonreimbursable. 
(g) Costs of means and measures to prevent loss of and damage to 
fish and wildlife shall be treated as unit costs and allocated among all 
unit purposes. 
(h) As used in this Act, the term "nonreimbursable" shall not be 
construed to prohibit the imposition of entrance, admission, and other 
recreation user fees or charges. 
SEC. 4. In locating and designing the works and facilities authorized 
for construction by this Act, and in acquiring or withdrawing any 
lands as authorized by this Act, the Secretary shall give due con-
sideration to the reports upon the California water plan prepared by 
the State of California, and shall consult the local interests who may 
be affected by the construction and operation of said works and 
facilities or by the acquisition or withdrawal of lands, through public 
hearings or in such manner as in his discretion may be found best 
suited to a maximum expression of the views of such local interests. 
SEC. 5. Nothing contained in this Act shall be construed by impli-
cation or otherwise as an allocation of water, and in the studies for the 
purposes of developing plans for disposal of water as herein authorized 
the Secretary shall make recommendations for the use of water in 
accord with State water laws, including but not limited to such laws 
giving priority to the counties and areas of origin for present and 
future needs. 
SEC. 6. There is hereby authorized to be appropriated for construc-
tion of the Auburn-Folsom South unit, American River division, the 
sum of $425,000,000 (1965 prices), plus or minus such amounts, if any, 
as may be justified by reason of ordinary fluctuations in construction 
costs as indicated by engineering cost indexes applicable to the types 
of construction involved herein. 
There are also authorized to be 
appropriated such additional sums as may be required for operation 
ana maintenance of the project. 
Approved September 2, 1965. 
Public Law 89-162 
September 2, 1965 
[H. R. 1763] 
U.S. courts. 
Payment of 
witness' fees. 
62 Stat. 951. 
AN ACT 
To amend section 1825 of title 28 of the United States Code to authorize the pay-
ment of witness' fees in habeas corpus cases and in proceedings to vacate 
sentence under section 2255 of title 28 for persons who are authorized to pro-
ceed in forma pauperis. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled, That section 1825 
of title 28, United States Code, is amended by adding after the first 
paragraph of the section the following paragraph: 
"In all proceedings, in forma pauperis, for a writ of habeas corpus 
or in proceedings under section 2255 of this title, the United States 
marshal for the district shall pay all fees of witnesses for the party