An Act to provide uniform policies with respect to recreation and fish and wildlife benefits and costs of Federal multiple-purpose water resource projects, and for other purposes
PL 89-72 (S.1229), enacted 07/09/1965

79 STAT. ] 
PUBLIC LAW 89-72-JULY 9, 1965 
213 
Public Law 89-70 
AN ACT 
To provide for the inclusion of years of service as judge of the District Court 
for the Territory of Alaska in the computation of years of Federal judicial 
service for judges of the United States District Court for the District of 
Alaska. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of 4-'n^^ca in Congress assembled, That, notwithstand-
ipg any other provision of law, any service as a judge of the District 
Qourt for the Territory of Alaska shall be included in computing 
lender sections 371 and 372 of title 28, United States Code, the aggre-
f
ate ^ears of judicial service of a United States district judge for the 
istrict of Alaska. 
Approved July 8, 1965. 
July 8, 1965 
[H. R. !>283] 
68 Stat. 12; 
71 Stat. 586. 
Public Law 89-71 
AN ACT 
To equalize certain penalties in the Intercoastal Shipping Act, 1933. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assertwled, That the last para-
graph of section 2 of the Intercoastal Shipping Act, 1933 (46 U.S.C. 
844), is hereby amended to read as follows: 
"Whoever violates any provision of this section shall be liable to a 
penalty of not more than $1,000 for each day such violation continues, 
to be recovered by the United States in a civil action." 
Approved July 9, 1965. 
July 9, 1965 
[H. R. 3415] 
47 Stat. 1425. 
Public Law 89-72 
AN ACT 
July 9, 1965 
[S. 1229] 
To provide uniform policies with respect to recreation and fish and wildlife 
benefits and costs of Federal multiple-purpose water resource projects, and 
for other purposes. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of AnDerica in Congress assemhUd, That it is the policy proJec'Recreal 
of the Congress and the intent of this Act that (a) in investigating tion Act. 
and planning any Federal navigation, flood control, reclamation, 
hydroelectric, or multiple-purpose water resource project, full con-
sideration shall be given to the opportunities, if any, which the project 
affords for outdoor recreation and for fish and wildlife enhancement 
and that, wherever any such project can reasonably serve either or 
both of these purposes consistently with the provisions of this Act, 
it shall be constructed, operated, and maintained accordingly; (b) 
planning with respect to the development of the recreation potential 
of any such project shall be based on the coordination of the recrea-
tional use of the project area with the use of existing and planned 
Federal, State, or local public recreation developments; and (c) project 
construction agencies shall encourage non-Federal public bodies to 
administer project land and water areas for recreation and fish and 
wildlife enhancement purposes and operate, maintain, and replace 
facilities provided for those purposes unless such areas or facilities 
are included or proposed for inclusion within a national recreation 
area, or are appropriate for administration by a Federal agency as a 
214 
PUBLIC LAW 89-72-JULY 9, 1%5 
[79 STAT. 
Non-Federal 
public bodies. 
Project admin-
istration. 
Projects for 
1965, exception. 
Non-Federal 
share of costs. 
Non-re imburse-
able costs. 
part of the national forest system, as a part of the public lands classified 
for retention in Federal ownership, or in connection with an authorized 
Federal program for the conservation and development of fish and 
wildlife. 
SEC. 2. (a) If, before authorization of a project, non-Federal public 
bodies indicate their intent in writing to agree to administer project 
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 project approved by the head of the agency having administra-
tive jurisdiction over it and to bear not less than one-half the separable 
costs of the project allocated to either or both of said purposes, as 
the case may be, and all the costs of operation, maintenance, and 
replacement incurred therefor— 
(1) the benefits of the project to said purpose or purposes shall 
be taken into account in determining the economic benefits of the 
project; 
(2) costs shall be allocated to said purpose or purposes and to 
other purposes in a manner which will insure that all project 
purposes share equitably in the advantages of multiple-purpose 
construction: Provided^ That the costs allocated to recreation or 
fish and wildlife enhancement shall not exceed the lesser of the 
benefits from those functions or the costs of providing recreation 
or fish and wildlife enhancement benefits of reasonably equivalent 
use and location by the least costly alternative means; and 
(3) not more than one-half the separable costs and all the joint 
costs of the project allocated to recreation and fish and wildlife 
enhancement shall be borne by the United States and be non-
reimbursable. 
Projects authorized during the calendar year 1965 may include recrea-
tion and fish and wildlife enhancement on the foregoing basis without 
the required indication of intent. 
Execution of an agreement as afore-
said shall be a prerequisite to commencement of construction of any 
project to which this subsection is applicable. 
(b) The non-Federal share of the separable costs of the project 
allocated to recreation and fish and wildlife enhancement shall be borne 
by non-Federal interests, under either or both pf the following meth-
ods as may be determined appropriate by the head of the Federal 
agency having jurisdiction over the project: (1) payment, or provi-
sion of lands, interests therein, or facilities for the project; or (2) 
repayment, with interest at a rate comparable to that for other interest-
bearing functions of Federal water resource projects, within fifty years 
of first use of project recreation or fish and wildlife enhancement facil-
ities: Provided^ That the source of repayment may be limited to 
entrance and user fees or charges collected at the project 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. 
SEC. 3. (a) No facilities or project modifications which will furnish 
recreation or fish and wildlife enhancement benefits shall be provided 
in the absence of the indication of intent with respect thereto specified 
in subsection 2(a) of this Act unless (1) such facilities or modifica-
tions serve other project purposes and are justified thereby without 
regard to such incidental recreation or fish and wildlife enhancement 
benefits as they may have or (2) they are minimum facilities which 
are required for the public health and safety and are located at access 
points provided by roads existing at the time of project construction or 
constructed for the administration and management of the project. 
Calculation of the recreation and fish and wildlife enhancement benefits 
79 STAT. ] 
PUBLIC LAW 89-72-JULY 9, 1965 
215 
in any such case shall be based on the number of visitor-days antici-
pated in the absence of recreation and fish and wildlife enhancement 
facilities or modifications except as hereinbefore provided and on the 
value per visitor-day of the project without such facilities or modifica-
tions. Project costs allocated to recreation and fish and wildlife 
enhancement on this basis shall be nonreimbursable. 
(b) Notwithstanding the absence of an indication of intent as aJ^u^isiUon^o^f"^ 
specified in subsection 2(a), lands may be provided in connection with lands. 
project construction to preserve the recreation and fish and wildlife 
enhancement potential of the project: 
(1) If non-Federal public bodies execute an agreement within 
ten years after initial operation of the project (which agreement 
shall provide that the non-Federal public bodies will administer 
project land and water areas for recreation or fish and wildlife 
enhancement or both pursuant to the plan for the development 
of the project approved by the head of the agency having admin-
istrative jurisdiction over it and will bear not less than one-half 
the costs of lands, facilities, and project modifications provided 
for either or both of those purposes, as the case may be, and all 
costs of operation, maintenance, and replacement attributable 
thereto) the remainder of the costs of lands, facilities, and proj-
ect modifications provided pursuant to this paragraph shall be 
nonreimbursable. 
Such agreement and subsequent development, 
however, shall not be the basis for any reallocation of joint costs 
of the project to recreation or fish and wildlife enhancement. 
(2) If, within ten years after initial operation of the project, 
there is not an executed agreement as specified in paragraph (1) 
of this subsection, the head of the agency having jurisdiction over 
the project may utilize the lands for any lawful purpose within 
the jurisdiction of his agency, or ma^ offer the land for sale to its 
immediate prior owner or his immediate heirs at its appraised fair 
market value as approved by the head of the agency at the time 
of offer or, if a firm agreement by said owner or his immediate 
heirs is not executed within ninety days of the date of the offer, 
may transfer custody of the lands to another Federal agency for 
use for 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 
disposition in accordance with the surplus property laws of the 
United States. In no case shall the lands be used or made avail-
able for use for any purpose in conflict with the purposes for which 
the project WELS constructed, and in every case except that of an 
offer to purchase made, as hereinbefore provided, by the prior 
owner or his heirs preference shall be given to uses which will 
preserve and promote the recreation and fish and wildlife enhance-
ment potential of the project or, in the absence thereof, will not 
detract from that potential. 
SEC. 4. At projects, me construction of which has commenced or ties* and llnds"^" 
been completed as of the effective date of this Act, where non-Federal non-Federai pui^ 
public bodies agree to administer project land and water areas for rec- "«^ bodies. 
reation and fish and wildlife enhancement purposes and to bear the 
costs of operation, maintenance, and replacement of existing facilities 
serving those purposes, such facilities and appropriate project lands 
may be leased to non-Federal public bodies. 
SEC. 5. Nothing herein shall be construed as preventing or discourag-
ing postauthorization development of any project for recreation or 
fish and wildlife enhancement or both by non-Federal public bodies 
pursuant to agreement with the head of the Federal agency having 
jurisdiction over the project. 
Such development shall not be the basis 
216 
PUBLIC LAW 89-72-JULY 9, 1965 
[79 STAT. 
Outdoor recre-
ation provisions. 
16 use 460Z-2. 
16 u s e 460^-8. 
Wildlife project 
costs. 
Repeal. 
Migratory water-
fowl refuges, 
establishment. 
Nonapplicability 
provisions. 
70 Stat. 1044. 
43 use 422k. 
68 Stat. 666. 
16 use looi 
note. 
"Nonreimburs-
able." 
16 u s e 460Z-9. 
Disposition of 
payments and re-
payments. 
Reservoir proj-
ects. 
32 Stat. 388. 
43 use 371 
note. 
for any allocation or reallocation of project costs to recreation or fish 
and wildlife enhancement. 
SEO. 6. (a) The views of the Secretary of the Interior developed 
in accordance with section 3 of the Act of May 28,1963 (77 Stat. 49), 
with respect to the outdoor recreation aspects shall be set forth in any 
report of any project or appropriate unit thereof within the purview 
of this Act. 
Such views shall include a report on the extent to which 
the proposed recreation and fish and wildlife development conforms 
to and is in accord with the State comprehensive plan developed 
l)ursuant to subsection 5 (d) of the Land and Water Conservation Fund 
Act of 1965 (78 Stat. 897). 
(b) The nrst proviso of subsection 2(d) of the Act of August 12, 
1958 (72 Stat. 563; 16 U.S.C. 662(d)), is amended to read as follows: 
'''•Provided^ That such cost attributable to the development and im-
provement of wildlife shall not extend beyond that necessary for (1) 
land acquisition, (2) facilities as specifically recommended in water 
resource project reports, (3) modification of the project, and (4) modi-
fication of project operations, but shall not include the operation of 
wildlife facilities." The second proviso of subsection 2(d) of said 
Act is hereby repealed. 
(c) Expenditures for lands or interests in lands hereafter acquired 
by project construction agencies for the establishment of migratory 
waterfowl refuges recommended by the Secretary of the Interior at 
Federal water resource projects, when such lands or interests in lands 
would not have been acquired but for the establishment of a migratory 
waterfowl refuge at the project, shall not exceed $28,000,000: Pro-
vided^ That the aforementioned expenditure limitation in this sub-
section shall not apply to the costs of mitigating damages to migratory 
waterfowl caused by such water resource project. 
(d) This Act shall not apply to the Tennessee Valley Authority, nor 
to projects constructed under authority of the Small Reclamation 
Projects Act, as amended, or under authority of the Watershed Pro-
tection and Flood Prevention Act, as amended. 
(e) Sections 2, 3,4, and 5 of this Act shall not apply to nonreservoir 
local flood control projects, beach erosion control projects, small boat 
harbor projects, hurricane protection projects, or to project areas or 
facilities authorized by law for inclusion within a national recreation 
area or appropriate for administration by a Federal agency as a part 
of the national forest system, as a part of the public lands classified 
for retention in Federal ownership, or in connection with an author-
ized Federal program for the conservation and development of fish 
and wildlife. 
(f) As used in this Act, the term "nonreimbursable" shall not be con-
strued to prohibit the imposition of entrance, admission, and other 
recreation user fees or charges. 
(g) Subsection 6 (a) (2) of the Land and Water Conservation Fund 
Act of 1965 (78 Stat. 897) shall not apply to costs allocated to recrea-
tion and fish and wildlife enhancement which are borne by the United 
States as a nonreimbursable project cost pursuant to subsection 2(a) 
or subsection 3(b)(1) of this Act. 
(h) All payments and repayment by non-Federal public bodies 
under the provisions of this Act shall be deposited in the Treasury as 
miscellaneous receipts, and revenue from the conveyance by deed, lease, 
or otherwise, of lands under subsection 3(b) (2) of this Act shall be 
deposited in the Land and Water Conservation Fund. 
SEC. 7. (a) The Secretary is authorized, in conjunction with any 
reservoir heretofore constructed bjr him pursuant to the Federal recla-
mation laws or any reservoir which is otherwise under his control, 
except reservoirs within national wildlife refuges, to investigate, plan, 
79 STAT.] 
PUBLIC LAW 89-72-JULY 9, 1965 
217 
construct, operate and maintain, or otherwise provide for public out-
door recreation and fish and wildlife enhancement facilities, to acquire 
or otherwise make available such adjacent lands or interests therein 
as are necessary for public outdoor recreation or fish and wildlife 
use, and to provide for public use and enjoyment of project lands, 
facilities, and water areas in a manner coordinated with the other 
project purposes: Provided, That not more than $100,000 shall be 
available to carry out the provisions of this subsection at any one 
reservoir. 
Lands, facilities and project modifications for the purposes 
of this subsection may be provided only after an agreement in accord-
ance with subsection 3(b) of this Act has been executed. 
(b) The Secretary of the Interior is authorized to enter into agree-
ments with Federal agencies or State or local public bodies for the 
administration of project land and water areas and the operation, 
maintenance, and replacement of facilities and to transfer project 
lands or facilities to Federal agencies or State or local public bodies 
by lease agreement 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. 
(c) No lands under the jurisdiction of any other Federal agency 
may be included for or devoted to recreation or fish and wildlife pur-
E
oses under the authority of this section without the consent of the 
ead of such agency; and the head of any such agency is authorized 
to transfer any such lands to the jurisdiction of the Secretary of the 
Interior for purposes of this section. 
The Secretary of the Interior 
is authorized to transfer jurisdiction over project lands within or 
adjacent to the exterior boundaries of national forests and facilities 
thereon to the Secretary of Agriculture for recreation and other 
national forest system purposes; and such transfer shall be made in 
each case in which the project reservoir area is located "wholly within 
the exterior boundaries of a national forest unless the Secretaries of 
Agriculture and Interior jointly determine otherwise. Where any 
project lands are transferred hereunder to the jurisdiction of the Sec-
retary of Agriculture, the lands involved shall become national forest 
lands: Provided, That the lands and waters within the flow lines of 
any reservoir or otherwise needed or used for the operation of the 
groject for other purposes shall continue to be administered by the 
ecretary of the Interior to the extent he determines to be necessary 
for such operation. 
Nothing herein shall limit the authority of the 
Secretary of the Interior granted by existing provisions of law relat-
ing to recreation or fish and wildlife development in connection with 
water resource projects or to disposition of public lands for such 
purposes. 
SEC. 8. Effective on and after July 1, 1966, neither the Secretary 
of the Interior nor any bureau nor any person acting under his 
authority shall engage in the preparation of any feasibility report 
under reclamation law with respect to any water resource project 
unless the preparation of such feasibility report has been specifically 
authorized by law, any other provision of law to the contrary 
notwithstanding. 
SEC. 9. Nothing contained in this Act shall be taken to authorize or 
to sanction the construction under the Federal reclamation laws or 
under any Kivers and Harbors or Flood Control Act of any project in 
which the sum of the allocations to recreation and fish and wildlife 
enhancement exceeds the sum of the allocations to irrigation, hydro-
electric power, municipal, domestic and industrial water supply, navi-
gation, and flood control, except that this section shall not apply to 
Limitation,, 
Agreements with 
Federal agencies, 
etc. 
Transfer of lands. 
Feasibility 
reports. 
Project allo-
cations. 
32 Stat. 388. 
43 use 371 
note. 
49-850 0-66—17 
218 
PUBLIC LAW 89-73-JULY 14, 1965 
[79 STAT. 
Definitions. 
Entrance and 
user fees, 
16 u s e 460Z-5. 
Short title. 
any such project for the enhancement of anadromous fisheries, shrimp, 
or for the conservation of migratory birds protected by treaty, wheli 
each of the other functions of such a project has, of itself, a favorable 
benefit-cost ratio. 
SEC. 10. As u s ^ in this Act: 
(a) The term "project" shall mean a project or any appropriate unit 
thereof. 
(b) The term "separable costs," as applied to any project purpose, 
means the difference between the capital cost of the entire multiple-
purpose project and the capital cost of the project with the purpose 
omitted. 
(c) The term "joint costs" means the difference between the capital 
cost of the entire multiple-purpose project and the sum of the sepa-
rable costs for all project purposes. 
(d) The term "feasibility report" shall mean any report of the scope 
required by the Congress when formally considering authorization of 
the project of which the report treats. 
(e) The term "capital cost" includes interest during construction, 
wherever appropriate. 
SEC. 11. Section 2, subsection (a) of the Land and Water Conserva-
tion Fund Act of 1965 (78 Stat. 897) is hereby amended by striking 
out the words "notwithstanding any provision of law that such pro-
ceeds shall be credited to miscellaneous receipts of the Treasury:" and. 
inserting in lieu thereof the words "notwithstanding any other 
provision of law:" and by striking out the words "or any provision 
of law that provides that any fees or charges collected at particular 
Federal areas shall be used for or credited to specific purposes or spe-
cial funds as authorized by that provision of law" and inserting in 
lieu thereof "or affect any contract heretofore entered into b j the 
United Statas that provides that such revenues collected at particular 
Federal areas shall oe credited to specific purposes". 
SEC. 12. This Act may be cited as the "Federal Water Project Rec-
reation Act". 
Approved July 9, 1965. 
July 14, 1965 
[H. R. 3708] 
Public Law 89-73 
AN ACT 
To provide assistance in the development of new or improved programs to help 
older persons through grants to the States for community planning and serv-
ices and for training, through research, development, or training project grants, 
and to establish within the Department of Health, Education, and Welfare an 
operating agency to be designated as the "Administration on Aging". 
Be it enacted hy the Senate and House of Representatives 
of the 
°^'^r,^^=f'^^°°"^ United States of America in Congress assembled, That this Act may 
be cited as the "Older Americans Act of 1965". 
Act of 1965.