An Act defining the interest of local public agencies in water reservoirs constructed by the Government which have been financed partially by such agencies
PL 88-140 (H.R.1696), enacted 10/16/1963

77 STAT. ] 
PUBLIC LAW 88-140-OCT. 16, 1963 
249 
Public Law 88-140 
AN ACT 
October 16, 1963 
Defining the interest of local public agencies in water reservoirs constructed by 
[H. R. 1696] 
the Government which have been financed partially by such agencies. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled, That, cognizant that 
water reservoirs. 
many States and local interests have in the past contributed to the ^ ^^'^^'^^t o
f locai 
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. 
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agencies, defini-
Crovernment, or have contracted to pay to the (jovernment over a tion. 
specified period of years, money equivalent to the cost of providing for 
them water storage space at Government-owned dams and reservoirs, 
constructed by the Corps of Engineers of the United States Army, and 
that such practices will continue, and, that no law defines the duration 
of their interest in such storage space, and realizing that such States 
and local interests assume the obligation of paying substantially their 
portion of the cost of providing such facilities, their right to use may 
be continued during the existence of the facility as hereinafter 
provided. 
SEC. 2. That this Act be applicable to all dams and reservoirs hereto-
fore or hereafter constructed by the United States Government (acting 
through the Corps of Engineers of the United States Army) wherein 
either a part of the construction cost thereof shall have been contrib-
uted or may be contributed by States or local interests (hereinafter 
called "local interests") or local interests have acquired or may acquire 
rights to utilize certain storage space thereof by making payments 
during the period of such use as specified in the agreement with the 
Government and wherein the amount of money paid, exclusive of 
interest, is equivalent to the cost of providing that part of such dam 
and reservoir which is allocated to such use, whether such share of cost 
shall have been determined by the "incremental cost" method or by the 
"separable costs-remaining benefits" method or by any other method. 
Included among the dams and reservoirs affected by this Act are those 
constructed by the Corps of Engineers of the Department of the 
Army, but nothing in this Act shall be construed to affect or modify 
section 8 of the Flood Control Act of 1944. 
ss stat.agi. 
SEC. 3. The right thus acquired by any such local interest is hereby 
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declared to be available to the local interest so long as the space desig-
nated for that purpose may be physically available, taking into account 
such equitable reallocation of reservoir storage capacities among the 
purposes served by the project as may be necessary due to sedimenta-
tion, and not limited to the term of years which may be prescribed in 
any lease agreement or other agreement with the Government, but the 
enjoyment of such right will remain subject to performance of its 
obligations prescribed in such lease agreement or agreement executed 
in reference thereto. Such obligations will include continued payment 
of annual operation and maintenance costs allocated to water supply. 
In addition, local interests shall bear the costs allocated to the water 
supply of any necessary reconstruction, rehabilitation, or replacement 
of project features which may be required to continue satisfactory 
operation of the project. Any affected local interest may utilize such 
facility so long as it is operated b^ the Government. In the event 
that the Government concludes that it can no longer usefully and eco-
nomically maintain and operate such facility, the responsible depart-
ment or agency of the Government is authorized to negotiate a contract 
250 
PUBLIC LAW 88-141-OCT. 16, 1963 
[77 STAT. 
with the affected local interest under which the local interest may 
continue to operate such part of the facility as is necessary for utiliza-
tion of the storage space allocated to it, under terms which will pro-
tect the public interest and provided that the Government is effectively 
absolved from all liability in connection with such operation. 
SEC. 4. Upon application of any affected local interest its existing 
lease or agreement with the Government will be revised to evidence 
the conversion of its rights to the use of the storage as prescribed in 
this Act. 
Approved October 16, 1963. 
October 16, 1963 
[H. R. 772] 
Detroit, Mich. 
Low-rent hous-
ing, transfer. 
63 Stat. 414; 
68 Stat. 622. 
42 u s e 1450-
1464. 
50 Stat. 888; 
63 Stat, 422. 
42 u s e 1430. 
Public Law 88-141 
AN ACT 
To provide for the transfer for urban renewal purposes of land purchased for a 
low-rent housing project in the city of Detroit, Michigan. 
Be it enacted by the Seriate and House of Representatives 
of the 
United States of America in Congress assembled.^ That, notwithstand-
ing the provisions of title I of the Housing Act of 1949, as amended, 
and the United States Housing Act of 1937, as amended, the Housing 
and Home Finance Administrator and the Public Housing Commis-
sioner are authorized and directed to consent to the transfer by the 
city of Detroit, from its low-rent housing project numbered Michigan 
1-11 to its Elm 
wood Park numbered 1 urban renewal project, Mich-
igan K-40, of all real property, except the administration building 
and appurtenant land, acquired by the city for the low-rent housing 
project, on the condition that the sum of $1,246,987.31, plus interest 
thereon from September 9, 1960, to the date of payment at the rate 
specified in contract numbered C-102 between the city and the Public 
Housing Administration, will be paid by the city to the Public Hous-
ing Administration to be applied to the extent thereof against the city's 
obligations in connection with the low-rent housing project, and that 
the amount of these payments will be included in the gross project 
cost of the Elm 
wood Park numbered 1 urban renewal project. 
SEC. 2. The Housing and Home Finance Administrator and the 
Public Housing Commissioner are hereby authorized to modify any 
contracts heretofore entered into with the city of Detroit to the extent 
necessary to carry out the provisions of section 1 of this Act. 
Approved October 16, 1963. 
Public Law 88-142 
October 16, 1963 
A N 
A C T 
[s- 453] 
To change the name of the Memphis lock and dam on the Tombigbee River near 
Aliceville, Alabama. 
Alabama. 
Aliceville 
lock and dam, 
designation. 
Be it enacted hy the Senate and House of Bepresentatii^es of the 
United States of America in Congress assembled, That the Memphis 
lock and dam near Aliceville, Alabama, on the Tombigbee River shall 
hereafter be known and designated as the Aliceville lock and dam. 
Any law, regulation, map, document, record, or other paper of the 
United States in which such lock and dam are referred to shall be held 
to refer to such lock and dam as the Aliceville lock and dam. 
Approved October 16, 1963.