An Act to consent to the upper Niobrara River compact between the States of Wyoming and Nebraska.
PL 91-52 (S.38), enacted 08/04/1969

86 
PUBLIC LAW 91-50-AUG. 2, 1969 
[83 STAT. 
August 2, 1969 
[H.R. 13079] 
Interest equal-
ization tax. 
Extension. 
81 Stat. 145; 
Post, 
pp. 105, 
261. 
26 u s e 4911. 
Public Law 91-50 
AN ACT 
To continue for a temporary period the existing interest equalization tax. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of Amelia 
in Congress assembled, That effective with 
respect to acquisitions made after July 31, 1969, section 4911(d) of 
the Internal Revenue Code of 1954 (relating to termination of interest 
equalization tax) is amended by striking out "July 31, 1969" and 
inserting in lieu thereof "August 31, 1969". 
Approved August 2, 1969. 
August 4, 1969 
[S.1590] 
National Com-
mission on Prod-
uct Safety. 
Extension. 
15 u s e 1262 
note. 
Public Law 91-51 
AN ACT 
To amend the National Commission on Product Safety Act in order to extend 
the life of the Commission so that it may complete its assigned tasks. 
Be it enacted hy the Senate and House of Representati'ves of the 
United States of America in Congress assembled, That section 2(c) 
of the National Commission on Product Safety Act (Public Law 
90-146; 81 Stat. 466) is amended by striking out "two years from the 
date of approval of this Joint Eesolution" and inserting in lieu thereof 
the words "June 30,1970-'. 
Approved August 4, 1969. 
Public Law 91-52 
August 4, 1969 
AN ACT 
1
^
^
- ^^^ 
To consent to the upper Niobrara River compact between the States of Wyoming 
and Nebraska. 
Upper Niobrara 
River Compact. 
Wyo.-Nebr. 
Consent of 
Congress. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled, That the consent of 
Congress is given to the upper Niobrara River compact between the 
States of Wyoming and Nebraska. Such compact reads as follows: 
"UPPER NIOBRARA RIVER COMPACT" 
"The State of Wyoming, and the State of Nebraska, parties signa-
tory to this compact (hereinafter referred to as Wyoming and Ne-
braska, respectively, or individually as a 'State", or collectively as 
'States'), having resolved to conclude a compact with respect to the 
use of waters of the Niobrara River Basin, and being duly authorized 
by Act of Congress of the United States of America, approved 
August 5, 1953 (Public Law 191, 83rd Congress, 1st Session, Chapter 
324,67 Stat. 365) and the Act of May 29,1958 (Public Law 85-427,85th 
Congress, S. 2557,72 Stat. 147) and the Act of August 30,1961 (Public 
Law 87-181, 87th Congress, S. 2245, 75 Stat. 412) and pursuant to 
the Acts of their respective Legislatures have, through their respective 
Governors, appointed as their Commissioners: For Wyoming, Earl 
Lloyd, Andrew McMaster, Richard Pfister, John Christian, Eugene 
P. Willson, H. T. Person, Norman B. Gray, E. J. Van Camp: For 
Nebraska, Dan S. Jones, Jr., who after negotiations participated in 
by W. E. Blomgren appointed by the President of the United States 
of America, have agreed upon the following articles: 
83 STAT. ] 
PUBLIC LAW 91-52-AUG. 4, 1969 
87 
"ARTICLE I. 
"A. The major purposes of this compact are to provide for an 
equitable division or apportionment of the available surface water 
supply of the Upper Niobrara River Basin between the States; to 
provide for obtaining information on groundwater and underground 
water flow necessary for apportioning the underground flow by sup-
plement to this compact; to remove all causes, present and future which 
might lead to controversies; and to promote interstate comity. 
"B. The physical and other conditions peculiar to the LTpper Nio-
brara River Basin constitute the basis for this compact; and neither of 
the States hereby concedes that this compact establishes any general 
principle or precedent with respect to any other interstate stream. 
"C. Either State and all others using, claiming or in any other 
manner asserting any right to the use of the waters of the Niobrara 
River Basin under the authority of that State, shall be subject to the 
terms of this compact. 
"ARTICLE II. 
"A. The term 'Upper Niobrara River' shall mean and include the 
Niobrara River and its tributaries in Nebraska and Wyoming w^est of 
Range 55 West of the 6th P.M. 
"B. The term 'Upper Niobrara River Basin' or the term 'Basin' shall 
mean that area in Wyoming and Nebraska which is naturally drained 
by the Niobrara River west of Range 55 West of the 6th P.M. 
"C. Where the name of a State or the term 'State' or 'States' is 
used, they shall be construed to include any person or entity of any 
nature whatsoever using, claiming, or in any manner asserting any 
right to the use of the waters of the Niobrara River under the author-
ity of that State. 
"ARTICLE III. 
"It shall be the duty of the two States to administer this compact 
through the official in each State who is now or may hereafter be 
charged with the duty of administering the public water supplies, 
and to collect and correlate througih such officials the data necessary 
for the proper administration of the provisions of this compact. Such 
officials may, by unanimous action, adopt rules and regulations con-
sistent with the provisions of this compact. 
"The States agree that the LTnited States Geological Survey, or 
whatever Federal agency may succeed to the functions and duties of 
that agency, insofar as this compact is concerned, may collaborate with 
the officials of the States charged with the administration of this 
compact in the execution of the duty of such officials in the collection, 
correlation, and publication of information necessary for the proper 
administration of this compact. 
"ARTICLE IV. 
"Each State shall itself or in conjunction with other responsible 
agencies cause to be established, maintained, and operated such suit-
able water gaging stations as are found necessary to administer this 
compaot. 
"ARTICLE V. 
"A. Wyoming and Nebraska agree that the division of surface waters 
of the Upper Niobrara River shall be in accordance Avith the following 
provisions. 
88 
PUBLIC LAW 91-52-AUG. 4, 1969 
[83 STAT. 
"1. There shall be no restrictions on the use of the surface waters of 
the L^pper Niobrara River by Wyoming except as would be imposed 
imder AVyoming laAv and the following limitations: 
"(a) No reservoir constructed after August 1, 1957, and used 
solely for domestic and stock water purposes shall exceed 20 
acre-feet in capacity. 
"(b) Storage reservoirs with priority dates after August 1, 
1957, and storing water from the main stem of the Niobrara River 
east of Range 62 West of the 6th P.M. and from the main stem 
of Van Tassel Creek south of Section 27, Township 32 North, 
Range 60 West of the 6th P.M. shall not store in any water year 
(October 1 of one year to September 30 of the next year) more 
than a total of 500 acre-feet of water. 
"(c) Storage in reservoirs with priority dates prior to August 
1, 1957, and storing water from the main stem of the Niobrara 
River east of Range 62 West and from the main stem of Van 
Tassel Creek south of Section 27, Township 32 North, shall be 
made only during the period October 1 of one year to June 1 of 
the next year and at such times during the period June 1 to Sep-
tember 30 that the water is not required to meet the legal require-
ments by direct flow appropriations in Wyoming and in Nebraska 
west of Range 55 West. Where water is pumped from such stor-
age reservoirs, the quantity of storage water pumped or otherwise 
diverted for irrigation purposes or other beneficial purposes from 
any such reservoir in any water year shall be limited to the 
capacity of such reservoir as shown by the records of the Wyoming 
State Engineer's Office, unless additional storage water becomes 
available during the period June 1 to September 30 after meeting 
the legal diversion requirements by direct flow appropriations in 
Wyoming and in Nebraska west of Range 55 West. 
"(d) Storage in reservoirs with priority dates after August 1, 
1957, and storing water from the main stem of the Niobrara River 
east of Range 62 West and the main stem of Van Tassel Creek 
south of Section 27, Township 32 North, shall be made only dur-
ing the period October 1 of one year to May 1 of the next year 
and at such times during the period May 1, and September 30 that 
the water is not required for direct diversion by ditches in Wyo-
ming and in Nebraska west of Range 55 West. 
"(e) Direct flow rights with priority dates after August 1, 
1957, on the main stem of the Niobrara River east of Range 62 West 
and Van Tassel Oeek south of Section 27, Township 32 North, 
shall be regulated on priority basis with Nebraska rights west of 
Range 55 West, provided, that any direct flow rights for a maxi-
mum of 143 acres which may be granted by the Wyoming State 
Engineer with a priority date not later than July 1,1961, for lands 
which had Territorial Rights under the Van Tassel No. 4 Ditch 
with a priority date of April 8, 1882, and the Van Tassel No. 5 
Ditch with a priority date of April 18, 1882, shall be exempt from 
the provisions of this subsection (e). 
"(f) All direct flow diversions from the main stem of the Nio-
brara River east of Range 62 West and from Van Tassel Creek 
south of Section 27, Township 32 North shall at all times be limited 
to their diversion rates as specified by Wyoming law, and pro-
vided that Wyoming laws relating to diversion of 'Surplus 
Water' (Wyoming Statutes, 1957, Sections 41-181 to 41-188 
inclusive) shall apply only when the water flowing in the main 
channel of the Niobrara River west of Range 55 West is in excess 
of the legal diversion requirements of Nebraska ditches having 
priority dates before August 1,1957. 
83 STAT. ] 
PUBLIC LAW 91-52-AUG. 4, 1969 
89 
"ARTICLE VI. 
"A. Nebraska and Wyoming recognize that the future use of ground 
Avater for irrigation in the Niobrara River Basin may be a factor in 
the depletion of tlie surface flows of the Niobrara River, and since the 
data now available are inadequate tx) make a determination in regard 
to this matter, any apportionment of the ground water of the Niobrara 
River Basin should be delayed until such time as adequate data on 
ground water of the basin are available. 
"B. To obtain data on ground water, Nebraska and Wyoming, with 
the cooperation and advice of the United States Geological Survey, 
Groundwater Branch, shall undertake ground water investigations in 
the Niobrara River Basin in the area of the Wyoming-Nebraska State 
line. The investigations shall be such as are agreed to by the State 
Engineer of Wyoming and the Director of Water Resources of 
Nebraska, and may include such observation wells as the said two offi-
cials agree are essential for the investigations. Costs of the investiga-
tions may be financed under the cooperative ground water programs 
between the United States Geological Survey and the States, and the 
States' share of the costs shall be borne equally hj the two States. 
"C. The ground water investigations shall begin within one year 
after the effective date of this compact. Upon collection of not more 
than twelve months of groimd water data Nebraska and Wyoming 
with the cooperation of the United States Geological Survey, shall 
make, or cause to be made, an analysis of such data to determine the 
desirability or necessity of apportioning the ground water by supple-
ment to this compact. If, upo4i completion of the initial analysis, it is 
determined that apportionn^ent of the gi'ound water is not then 
desirable or necessary, reanalysis shall be made at not to exceed two-
year intervals, using all data collected until such apportionment is 
made. 
"D. When the results of/the ground water investigations indicate 
that apportionment of ground w^ater of the Niobrara River Basin is 
desirable, the two States shall proceed to negotiate a supplement to 
this compact apportioning/the ground water of the Basin. 
"E. Any proposed supjf)lement to this compact apportioning the 
ground water shall not become effective until ratified by the legisla-
tures of the two-States and approved by the Congress of the United 
States. 
"ARTICLE VII. 
"The provisions of this compact shall remain in full force and effect 
until amended by action of the Legislatures of the Signatory States 
and until such amendment is consented to and approved by the Con-
gress of the United States in the same manner as this compact is 
required to be ratified and consented to in order to become effective. 
"ARTICLE VIII. 
"Nothing in this compact shall be construed to limit or prevent 
either State from instituting or maintaining any action or proceeding, 
legal or equitable, in any court of competent jurisdiction for the pro-
tection of any right under this compact or the enforcement of any of 
its provisions. 
90 
PUBLIC LAW 91-52-AUG. 4, 1969 
[83 STAT, 
"ARTICLE IX. 
"Nothing in this compact shall be deemed: 
"A. To impair or affect any rights or powers of the United States, 
its agencies, or instrumentalities, in and to the use of the waters of 
the Upper Niobrara River Basin nor its capacity to ac<^uire rights in 
and to the use of said waters; provided that, any beneficial uses of the 
waters allocated by this compact hereafter made within a State by 
the United States, or those acting by or under its authority, shall be 
taken into account in determining the extent of use within that State. 
"B. To subject any property of the United States, its agencies, or 
instrumentalities to taxation by either State or subdivision thereof, 
nor to create an obligation on the part of the United States, its agen-
cies, or instrumentalities, by reason of the acquisition, construction, 
or operation of any property or works of whatsoever kind, to make 
any payment to any State or political subdivision thereof. State 
agency, municipality, or entity whatsoever in reimbursement for the 
loss of taxes. 
"C. To subject any property of the United States, its agencies, or 
instrumentalities, to the laws of any State to an extent other than 
the extent to which these laws would apply without regard to the 
compact. 
"D. To affect the obligations of the United States of America to 
Indians or Indian tribes, or any right owned or held by or for Indians 
or Indian tribes which is subject to the jurisdiction of the United 
States. 
"ARTICLE X. 
"Should a court of competent jurisdiction hold any part of this 
compact contrary to the constitution of any State or of the United 
States, all other severable provisions shall continue in full force and 
effect. 
"ARTICLE XI. 
"This compact shall become effective when ratified by the Legis-
latures of each of the signatory States and by the Congress of the 
United States. 
"IN WITNESS WHEREOF, the Commissioners have signed this 
compact in triplicate original, one of which shall be filed in the 
archives of the United States of America and shall be deemed the 
authoritative original, and one copy of which shall be forwarded to 
the Governor of each of the signatory States. 
"Done at the city of Cheyenne, in the State of Wyoming, this 26th 
day of October, in the year of our Lord, One Thousand and Nine 
Hundred Sixty Two 1962. 
Commissioner for the State of Nebraska 
s/Dan S. Jones, Jr. 
Commissioners for the State of Wyoming 
s/Earl Lloyd 
s/Andrew McMaster 
s/Richard Pfister 
s/John Christian 
s/Eugene P. Wilson 
s/H. T. Person 
s/Norman B. Gray 
s/E. J. Van Cainp 
"I have participated in the negotiation of this compact and intend 
to report favorably thereon to the Congress of the United States. 
s/W. E. Blomgren 
Representative of the United States of America". 
83 STAT. ] 
PUBLIC LAW 91-53-AUG. 7, 1969 
91 
SEC. 2. The ri^ht to alter, amend, or repeal this Act is reserved. 
SEC. 3. Nothing in this Act shall be deemed to impair or affect any 
rights or powers of the United States, its agencies, instrumentalities, 
l)ermittees, or licensees in, over, and to the use of the waters of the 
Upper Niobrara River Basin; nor to impair or affect their capacity to 
acquire rights in and to the use of said waters. 
Approved August 4, 1969. 
Public Law 91-53 
AN ACT 
August 7, 1969 
To provide for the collection of the Federal unemployment tax in quarterly 
[H. R. 99513 
installments during each taxable year; to make status of employer depend 
on employment during preceding as well as current taxable year; to exclude 
from the computation of the excess the balance in the employment security 
administration account as of the close of fiscal years 1970 through 1972; to 
raise the limitation on the amount authorized to be made available for 
expenditure out of the employment security administration account by the 
amounts so excluded; and for other purposes. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America m Congress assembled^ That section 3306 (a) 
Federal 
of the Internal Revenue Code of 1954 (relating to definition of "rxr^mp'i^ymLnt 
employer) is amended to read as follows: 
security; tax 
"(a) EMPLOYER.—For purposes of this chapter, the term'employer' ^"e'^gA^^at 447 
does not include any person unless on each of some 20 days during 
26 use 3306. 
the taxable year or during the preceding taxable year, each day being 
in a different calendar week, the total number of individuals who 
were employed by him in employment for some portion of the day 
(Avhether or not at the same moment of time) was 4 or more." 
SEC. 2. COLLECTION OF FEDERAL UNEMPLOYMENT TAX ON QUAR-
TERLY OR OTHER TIME PERIOD BASIS. 
(a) QUARTERLY PAYMENT or FEDERAL UNEMPLOYMENT TAX.—Sub-
chapter A of chapter 62 of the Internal Revenue Code of 1954 (re- ^^^^^^'^ ^^^^' 
latin^ to place and due date for payment of tax) is amended by 
striking out section 6157 and by inserting in lieu thereof the follow-
ing: 
"SEC. 6157. PAYMENT OF FEDERAL UNEMPLOYMENT TAX ON QUAR-
TERLY OR OTHER TIME PERIOD BASIS. 
"(a) GENERAL RULE. —Every person who for the calendar year is 
an employer (as defined in section 3306(a)) shall— 
"(1) if the person in the preceding calendar year employed 4 
or more employees in employment (within the meaning of section 
3306 (c) and (d)) on each of some 20 days during such preceding 
calendar year, each such day being in a different calendar week, 
compute the tax imposed by section 3301 for each of the first three 
^7 stat. 51. 
calendar quarters in the calendar year, and 
"(2) if paragraph (1) does not apply, compute the tax imposed 
by section 3301— 
"(A) for the period beginning with the first day of the 
calendar year and ending with the last day of the calendar 
quarter (excluding the last calendar quarter) in which such 
person becomes such an employer, and 
"(B) for the third calendar quarter of such year, if the 
f)eriod specified in subparagraph (A) includes only the first 
two calendar quarters of the calendar year.