An Act to authorize the disposal of the Government-owned long-lines communication facilities in the State of Alaska, and for other purposes
PL 90-135 (S.223), enacted 11/14/1967

81 STAT.] 
PUBLIC LAW 90-135-NOV. 14, 1967 
441 
as otiienvise provided in tliis Act. "Official purposes" shall not apply 
to the Commissioners of the District of Columbia or in cases of or-
ficers and employees the character of whose duties makes such trans-
portation necessary, but only as to such latter cases when the same is 
approved by the Commissioners. 
SKC. 11. Appropriations contained in this Act for Highways and 
Traffic, and Sanitary Engineering shall be available for snow and 
ico control work when ordered by the Commissioners in writing. 
SEC. 12. Appropriations in this Act shall be available, when author-
ized by the ^Commissioners, for the rental of quarters without reference 
to 'section (
> of the District of Columbia Appropriation Act, 1945. 
SEC. 13. Appropriations in this Act shall be available for the 
furnishing of uniforms when authorized by the Commissioners. 
SEC. 14. There are hereby appropriated from the applicable funds 
of the District of Columbia such sums as may be necessary for making 
refunds and for the payment of judgments which have been entered 
against the government of the District of Columbia, including refunds 
author'zed by section 10 of the Act approved April 23, 1924 (43 Stat. 
108) : Provided^ That nothing contained in this section shall be con-
strued as modifying or affecting the provisions of paragraph 3, 
subsection (c) of section 11 of title X I I of the District of Columbia 
Income and Franchise Tax Act of 1947, as amended. 
SEC. 15. Except as otherwise provided herein, limitations and legis-
lative provisions contained in the District of Columbia Appropriation 
Act, 1961, shall be continued for the fiscal year 1968: Provided^ That 
the limitation for "Construction Services, Department of Buildings 
and Grounds" contained in the District of Columbia Appropriation 
Act, 1961, shall be increased from 6 to 8 per centum of appropriations 
for construction projects in excess of $500,000 and to 10 per centum 
of appropriations for construction projects under $500,000. 
SEC. 16. Appropriations in this Act shall not be used for the assign-
ment or transportation of students to public schools in the District of 
Columbia in order to overcome racial imbalance. 
SEC. 17. The cost of living allowance annualized in the appropria-
tion for the Department of Welfare shall be limited to the "net 
payment" in computing the assistance payments for recipients in the 
five regular categories of public assistance. 
SEC. 18. The joint resolution of October 5,1967 (Public Law 90-102) 
is hereby amended by striking out "October 23, 1967" and inserting 
in lieu thereof "November 9, 1967". 
This Act may be cited as the "District of Columbia Appropriation 
Act, 1968." 
Approved November 13, 1967. 
1 
Snow and ice 
control. 
Rental of 
quarters. 
58 Stat. 532. 
D.C. Code 1-
243. 
Uniforms. 
Judgment pay-
ments. 
D.C. Cod.: 
47-1910. 
70 Stat. 78. 
D.C. Code 47-
1586J. 
74 Stat. 2i 
Restrictions, 
Continuing ap-
propriations, 
1968. 
Ante, 
p. 256. 
Short title. 
Public Law 90-135 
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A N A C T 
November 14, 1967 
To authorize the disposal of the Government-owned long-lines coinmunication 
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facilities in the State of Alaska, and for other puriK)ses. 
Be it enacted by the Senate and Houne of RepreaentaticeH of the 
United States of America in Congress a-ssembled. That this Act may 
be cited as tlie "Alaska Communications Disposal Act". 
TITLE I—DEFINITIONS 
Alaska Communi-
cations Dis-
posal Act. 
SEC. 101. In this Act— 
(1) "Transfer" means the conveyance by the United States of any 
element of ownership, including but not restricted to any estate or 
44S 
PUBLIC LAW 90-135-NOV. 14, 1967 
[81 STAT. 
interest in property, a.nd franchise rights, by sale, exchange, lease, 
easement, or permit, for cash, credit, or other property, with or with-
out warranty. 
(2) "Long-lines communication facilities" means the transmission 
systems connecting points inside the State with each other and with 
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points outside the State by radio or wire, and includes all kinds of 
proj)erty and rights-of-way necessary to accomplisli tliis intercon-
nection. 
(3) "Agency concerned" means any department, agency, wholly 
oAvned corporation, or instrumentality of the United States. 
TITLE 
II—TRANSFER OF UNITED STATES 
GOVERN-
MENT-OWNED LONG-LINES COMMUNICATION FACIL-
I T I E S IN AND TO ALASKA 
SEC. 201. (1) Subject to the provisions of section 2()*2, and notwith-
standing provisions of any other law, the Secretary of Defense or his 
designee, with the advice, assistance, and, in the case of any agency 
.!>(> 
j^Q^ under the jurisdiction of the Secretary of Defense, the consent 
of the agency concerned, and after approval of the President, is au-
thorized to and shall transfer for adequate consideration any or all 
long-lines communication facilities in or to Alaska under the juris-
diction of the Federal Government to any person qualifying under the 
provisions of section 202, and may take such action and exercise such 
powers as may be necessary or appropriate to effectuate the purposes 
of this Act. 
(2) Transfers under this title shall be made in accordance with the 
procedures and methods required by sections 203(e), (1), (2), and (3) 
of the Federal Property and Administrative Services Act of 1949, as 
amended (40 U.S.C. 484(e)), except that "the Secretary of Defense 
or his designee" shall be substituted for all references therein to "the 
Administrator". 
(3) The requirements of section 207 of the Federal Property and 
72 Stat. 631. 
Administrative Services Act of 1949, as amended (40 U.S.C. 488), 
shall apply to transfers under this title. 
(4) The head of the agency concerned or his designee shall execute 
such documents for the transfer of title or other interest in property, 
except any mineral rights therein, and take such other action as the 
Secretary of Defense deems necessary or proper to transfer such prop-
erty under the provisions of this title. A copy of any deed, lease, or 
other instrument executed by or on behalf of the head of the agency 
concerned purporting to transfer title or any other interest in public 
land shall be furnished to the Secretary of the Interior. 
(5) No interest in public lands, withdrawn or otherwise appropri-
ated, may be transferred under this title, without the prior consent of 
the Secretary of the Interior, or, with respect to lands within a national 
forest, of the Secretary of Agriculture. 
(6) In connection with soliciting offers to purchase such long-
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lines facilities of the Alaska Communication System the Secretary 
of Defense or his designee shall: 
(a) Provide any prospective purchaser who requests it data 
on (i) the facilities available for purchase, (ii) the amounts 
deemed to be the current fair and reasonable value of those facili-
ties, and (iii) the initial rates which will be charged to the pur-
chaser for capacity in facilities retained by the Government and 
available for commercial use; 
(b) Provide, in the request for ofi'ers to purchase, that offerors 
must specify the rates they propose to charge for service and the 
72 Stat. 2? 
81 STAT.J 
P U B L I C LAW 9 0 - 1 3 5 - N O V . 14, 1967 
443 
improvements in sendee which they propose to initiate; 
(c) Provide an opportunity for prospective purchasers to meet 
as a group with Department of Defense representatives to assure 
that the data and the public interest requirements described in 
(a) and (b), above, are lully understood; and 
(d) Seek the advice and assistance of the Federal Communica-
tions Commission, the Federal Field Committee for Development 
Planning in Alaska, and the Governor of Alaska or his designees, 
to assure consideration of all public interest factors associated 
with the transfer. 
SEC. 202. No transfer under this title may be made unless the 
Secretary of Defense or his designee determines that— 
(1) the L^nited States does not need to retain the property 
involved in the transfer for national defense purposes; 
. . . . . 
(2) the transfer is in the public interest; 
(3) the person to whom the transfer is made is prepared and 
qualified to provide, without interruption, the communication 
service involved in the transfer; and 
(4) the long-lines communication facilities will not directly 
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or indirectly be owned, operated, or controlled by a person who 
would legally be disqualified by subsection 310(a) of the Com-
munications Act of 1934, as amended, from holding a radio sta- 
'*? ^tat. lose. 
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47 use 310. 
tion license. 
SEC. 203. The agreements by which a transfer is made under this 
title shall include a provision that— 
(1) the person to whom the transfer is made shall, subject to the 
rules and regulations of any body or commission established by 
the State of Alaska to govern and regulate communication services 
to the public and of the Federal Communications Commission and 
all applicable statutes, treaties, and conventions, provide without 
interruption, the communication ser\^ices involved in the transfer, 
except those services reserved by the L^nited States in the 
transfer; 
(2) the rates and charges for such services applicable at the 
time of transfer shall not be changed for a period of one year 
from the date of such transfer unless appi-oved by a governmental 
body or commission having jurisdiction; and 
(3) the transfer will not be final unless and until the trans-
feree shall receive any requisite licenses and certificates of con-
venience and necessity to operate interstate and intrastate com-
mercial communications in Alaska from the appropriate govern-
mental regulatory bodies. 
SEC. 204. Transfei-s under this title do not require the approval of 
the Federal Communications Commission exce])t to the extent that 
the approval of the Federal Communications Commission is neces-
sary under section 203(3) above. 
SEC. 205. Xotwithstanding the provisions of any other law, the 
gross proceeds of each transfer shall be covered into the Treasury of 
the United States as miscellaneous receipts. 
SEC. 206. The Secretary of Defense or his designee shall report to ^^^Pf*^ *
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President and 
tlie (yongress and the President— 
congress. 
(1) in January of each year, the actions taken under this title 
during the preceding twelve months; and 
(2) not later than ninety days after completion of each trans-
fer under this title, a full account of that transfer. 
47 use 609. 
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PUBLIC LAW 90-136-NOV. 14, 1967 
[81 STAT. 
TITLE III—MISCELLANEOUS PEOVISIONS 
SEC. 301. This Act does not modify in any manner the j)rovisions 
47 f
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"^ ^^^ Comnuinications Act of 1934, as amended. 
SEC. 302. There are anthorized to be appropriated to the Secretary 
of Defense such sums as may be necessary to carry out the provisioiis 
of this Act. 
Approved November 14, 1967. 
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Public Law 90-136 
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November 14, 1967 
^JsJ ACT 
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To authorize the Secretary of the Interior to construct, operate, and maintain 
the Nebraska Mirt-State diA'ision, Missouri River Basin project, and for otlier 
purposes. 
Missouri River 
Basin project. 
Be it enacted hy the Senate and Houne of Representatives 
of the 
United iStaten of Ameriea in Congress assembled, That tlie Secretary 
of the Interior is hereby authorized to construct, operate, and maintain 
in accordance with the Federal reclamation laws (Act of June 17, 
43use 391 note. 1902 (32 Stat. 388), and Acts amendatory thereof or supplementary 
thereto) the Nebraska Mid-State division, Missouri River Basin proj-
ect, Nebraska, for the principal purposes of furnishing a surface 
irrigation water supply for approximately one hundred and forty 
thousand acres of land, aiding in the replenishment of the ground 
water supply of the area for domestic and agricultural use, controlling 
floods, conserving and developing fish and wildlife, enhancing recrea-
tion opportunities, and producing hydroelectric power. The principal 
works of the project shall consist of a diversion dam on the Platte 
River, a main supply canal, an interconnected reservoir system, hydro-
electric power facilities, wasteways, pumps, drains, canals, laterals, 
distribution facilities, and related works. 
SEC. 2. The Nebraska Mid-State division shall be integrated, phys-
ically and financially, with the other Federal works in the Missouri 
River Basin constructed or authorized to be constructed under the com-
prehensive plans approved by section 9 of the Act of December 22,1944 
(58 Stat. 891), as amended and supplemented, and shall be a division 
of the Missouri River Basin project therein approved and authorized. 
SEC. 3, The interest rate used for computing interest during con-
struction and interest (m the unpaid balance of the capital costs allo-
cated to interest-bearing features of the Nebraska Mid-State divi-
sion shall be determined by the Secretary of the Treasury as of the 
beginning of the fiscal year in which construction is initiated, on the 
basis of the computed average interest rate payable by the Treasury 
upon its outstanding marketable public obligations, which are neither 
due nor callable for redemption for fifteen years from date of issue. 
SEC. 4. For a period of ten years from the date of enactment of this 
Act, no water from the project 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 
7^us*c*i4*2f' 
1949, or any amendment thereof, if the total supply of such commodity 
note. 
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 
52 Stat. 41. 
301(b) (10) of the Agricultural Adjustment Act of 1938, as amended, 
unless the Secretary of Agriculture calls for an increase in production 
of such commodity in the interest of national security. 
7 u s e 1301.