An Act to grant the consent of Congress to the Wheeling Creek Watershed Protection and Flood Prevention District Compact.
PL 90-181 (S.2514), enacted 12/08/1967

81 STAT.] 
PUBLIC LAW 90-181-DEC. 8, 1967 
553 
SEC. 107. None of tlie funds appropriated in this Act nniy be used 
to be^in construction of new bases inside the Continental Ignited States 
for which specific appropriations liave not been made. 
SEC. 108. No part of tlie funds contained in tliis Act shall be used 
for the construction of hospitals or composite medical facilities in the 
United States which do not provide facilities for obstetrical services. 
SEC. 109. No part of the funds provided in this Act shall be used for 
purchase of land or land easements in excess of 100 per centum of the 
value as determined by the Corps of Engineers or the Naval Facilities 
Engineering Command, except: (a) where there is a determination of 
value by a Federal court, (b) purchases negotiated by the Attorney 
General or his designee, and (c) where the estimated value is less than 
$25,000. 
SEC. 110. None of the funds appropriated in this Act may be used 
to make payments under contracts for any project in a foreign country 
unless the Secretary of Defense or his designee, after consultation with 
the Secretary of the Treasury or his designee, certifies to the Congress 
that the use, by purchase from the Treasury, of currencies of such 
country acquired pursuant to law is not feasible for the purpose, stating 
the reason therefor. 
SEC. 111. None of the funds appropriated in this Act shall be used 
to (1) acquire land, (2) provide for site preparation, or (3) install 
utilities for any family housing, except housing for which funds have 
been made available in annual military construction appropriation acts. 
SEC. 112. This Act may be cited as the "Military Construction 
Appropriation Act, 1968". 
Approved December 8, 1967. 
New bases. 
Obstetrical 
services. 
Land ease-
ments. 
Foreign proj-
ects. 
Family housing 
limitation. 
Short title. 
Public Law 90-181 
AN ACT 
To Ki'init the consent of Congress to the Wheeling Creek Wsiterslied Protection 
and F'lood Prevention District Coniiuict. 
December i\, 1967 
[S.2514] 
Be it enacted by the !^en(tte and House of Ueprexetdat'ire^ of the 
I rated ^States of America in Congre-HH aHHembled^ Tliat the consent of 
Congress is given to the interstate compact rehiting to tlie Wheeling 
(^reek Watershed Protection and Flood Prevention District between 
the Commonwealth of Pennsylvania and the State of West Virginia, 
ratified by the Commonwealth of Pennsylvania in an Act a})i)roved by 
the Governor of such Commonwealth on August 2, 1967, and by the 
State of West Virginia in an Act approved by the (jovernor of such 
State on March 1,1967. Such compact reads as follows: 
"WHEELING ( l i E E K 
WATEKSHED PR()TE(^TI()N 
FLOOD PREVENTION DISTKK^T (X)MPACT 
AND 
"ARTICLE L RECITATION OF REASONS FOR COMPACT. 
''Whereas, Wheeling Creek, a tributary of the Ohio River, arises in 
Pennsylvania, flows through Washington and Greene (\)unties of that 
commonwealth, enters the State of West Virginia, flows through Mar-
shall and Ohio Counties, West Virginia, and empties into the Ohio 
River at Wheeling, West Virginia; and 
"Whereas, The inhabitants of Marshall and Ohio Counties, West 
Virginia, and, also, but to a much lesser degree, the inhabitants of 
Washington and Greene Counties, Pennsylvania, living along Wheel-
ing Creek have over the years experienced loss of life and property 
from flooding of that stream; and 
Wheeling Creek 
Watershed Pro-
tection and Flood 
Prevention Dis-
trict Compact. 
554 
PUBLIC LAW 90-181-DEC. 8, 1967 
[81 STAT. 
"Whereas, Surveys made by the Soil Conservation Service of the 
Ignited States Department of Agriculture indicate that the inhabitants 
of the four counties named can best be protected from the floodinjr of 
Wheeling Creek by flood prevention dams constructed thereon with 
some of the dams being located on the upper reaches of the stream and 
its tributaries in the Commonwealth of Pennsylvania; and 
"Whereas, The federal Watershed Protection and Flood Prevention 
1
6 use looi 
-^^^ of 1954, as amended, authorizes, under certain circumstances, fed-
note, 
eral assistance to local organizations in preparing and carrying out 
undertakings for flood prevention and the conservation, development, 
utilization and disposal of water in w^atershed or subwatershed areas; 
and 
"Whereas, No local organization within the meaning of the federal 
act aforesaid established by or organized under the laws of West 
Virginia is competent under state laws to acquire land for, construct, 
and operate with or without federal assistance flood prevention facil-
ities in the Commonwealth of Pennsylvania, and it appears that no 
such local organization established by or organized under the laws of 
the Commonwealth of Pennsylvania can justify the expenditure of 
locally raised funds to construct and operate flood prevention facilities 
which will benefit primarily the inhabitants of the neighboring State 
of West Virginia; and 
"Whereas, Facilities erected on the upper reaches of Wheeling Creek 
and its tributaries for flood control and prevention can nevertheless 
have a recreational value for the citizens of both West Virginia and 
Pennsylvania and particularly the citizens of Ohio and Marshall 
(^ounties. West Virginia, and Washington and Greene Counties, Penn-
sylvania; accordingly, for purposes of promoting that potential, as 
well as providing a vehicle or means whereby federal assistance may 
be enlisted for the protection of citizens of her neighboring State of 
West Virginia from the flooding of Wheeling (^reek, the Connnon-
weaUh of l*eunsylvania joins with the State of West Virginia in 
negotiating and ratifying this compact; now" therefore, 
"ARTICLE IL WHEELING CREEK WATERSHED PROTEC-
TION 
AND 
FLOOD 
PREVENTION 
DIS-
TRICT CREATED. 
"The Connnonwealth of Pennsylvania and the State of West Vir-
ginia hereby create as an agency and instrumentality of the govern-
ments thereof a district to be known as the 'Wheeling (Veek Watershed 
Protection and Flood Prevention District,' hereinafter called the dis-
trict, which shall embrace all territory in the Commonwealth of Penn-
sylvania and the State of West Virginia, the water in which flows 
ultimately into Wheeling Creek or its tributaries. 
"ARTICLE IIL WHEELING CREEK WATERSHED PROTEC-
TION AND FLOOD PREVENTION COM-
MISSION CREATED. 
"The Connnonwealth of Pennsylvania and the State of West Vir-
ginia hereby create as the governing body of the district the 'Wheeling 
Oeek AVatershed Protection and Flood Prevention (^onnnissicm,' here-
inafter called the commission, which shall be a body cor])orate, with 
the powers and duties set forth herein, and such additional powers as 
may be conferred upon it by subsequent concurrent action of the 
(jeneral Assembly of Pennsylvania and the Legislature of West Vir-
ginia or by act or acts of the Congress of the United States. 
"ARTICLE IV. COMPOSITION OF COMMISSION. 
"The commission shall consist of Ave commissioners from Pennsyl-
vania and five commissioners from West Virginia, each of whom shall 
81 STAT.] 
PUBLIC LAW 90-181-DEC. 8, 1967 
555 
be a citizen of the commonwealth or state from which he is appointed. 
The commissioners from the commonwealth and from the state shall be 
chosen in the manner and for the terms provided by the laws of the 
commonwealth or state from which they shall be appointed, and any 
commissioner may be removed or suspended from office as provided by 
the law of the commonwealth or state from which he shall be 
appointed. Vacancies on the commission shall be filled in the manner 
provided by the laws of the commonwealth or state amon^ whose 
representation on the commission the vacancy occurs. 
"The conunissioners shall serve without compensation from the com-
mission, but they shall be paid by the commission their actual expenses 
incurred and incident to the performance of their duties. 
"ARTICLE V. ORGANIZATION OF COMMISSION. 
"The commission shall meet and organize within sixty days after the 
etfective date of this compact, shall elect from its number a chairman 
and vice chairman, and shall appoint, and at its pleasure remove or 
discharge, such officers and legal, clerical, expert and other assistants 
as may be required to carry the provisions of this compact into effect, 
and shall determine their qualifications and fix their duties and com-
pensation. It shall adopt a seal and suitable bylaws, and shall adopt 
and promulgate rules and regulations for its management and control. 
It may establish and maintain one or more offices within the district 
for the transaction of its business, and may meet at any time or place. 
The presence of three commissioners from the Commonwealth of 
Pennsylvania and three commissioners from the State of West Vir-
ginia shall constitute a quorum, and a majority vote of the (piorum 
shall be iiecessary to ])ass upon matters before tlie connuission. 
"ARTICLE VL POWERS AND DUTIES. 
"The commission is hereby authorized and empowered : 
"(a) To be and serve in the capacity of a local organization within 
the meaning of the AVatershed Protection and Flood Prevention Act 
of the eighty-third Congress of the United States, second session. 
(Public Law 566), a])proved August 4, 1954, as from time to time 
amended, and in that capacity the commission shall have the following note. 
authority and powers: 
"(1) To apply for and receive federal financial and other assistance 
in preparing and carrying out plans for works of improvement as 
that term is defined in said federal act, as from time to time amended, 
hereinafter referred to as works of improvement, and to a])])ly for and 
receive federal financial and other assistance under the aforementioned 
or other federal acts in preparing and carrying out plans for public 
fish and wildlife or recreational development in connection with works 
of improvement, including the construction and operation of all 
facilities which may be necessary or incident to such works of improve-
ment and public fish and wildlife or recreational development in 
connection therewith. 
"(2) To acquire, or with respect to interests in land to be acquired 
by condemnation, provide assurances satisfactory to the secretary of 
agriculture of the Ignited States or other agent or agency of the 
United States that the conmiission will acquire such land, easements, or 
rights-of-way as will be needed in connection with works of improve-
ment, and public fish and wildlife or recreational development and 
facilities in connecticm with works of im])rovement, installed with 
federal assistance. 
"(3) To agree to o])erate and maintain any reservoir or other area 
included in a plan for works of improvement or public fish and wild-
life or recreational develo])ment and facilities. 
"(4) To assume all or such proportionate share, as is determined by 
the secretary of agriculture of the Ignited States or other agent or 
68 Stat. 666. 
16 use 1001 
556 
PUBLIC LAW 90-181-DEC. 8, 1967 
[81 STAT. 
agency of tlie United States, of the costs of installing any works of 
improvements, involving federal assistance, which is applicable to the 
agricultural phases of the conservation, development, utilization, and 
disposal of water or for tish and wildlife or recreational development 
and facilities or to purposes other than flood prevention and features 
relating thereto. 
"(5) To make arrangements satisfactory to the secretary of agri-
culture of the United States or other agent or agency of the Imited 
States for defraying costs of operating and maintaining works of im-
provement and public fish and wildlife or recreational development 
and facilities in connection with works of improvement: Provided^ 
That such arrangements shall be based solely upon contributions, allot-
ments or commitments of funds to the district or commission. 
" (6) To acquire, or provide assurance that landowners or water users 
have acquired, such water rights, pursuant to the law of the common-
wealth or state applicable thereto, as may be needed in the installation 
and operation of the works of improvement and public fish and wild-
life or recreational development and facilities in connection with works 
of improvement. 
"(7) To cooperate with soil conservation districts in obtaining agree-
ments to carry out reconnnended soil conservatif)n measures and 
proper farm plans from owners of land situated in the drainage area 
above each retention reservoir to be installed with or without federal 
assistance. 
• 
"(8) To ajjply for and receive federal loans or advancements to 
finance the local share of costs of carrying out works of improvement 
and public fish and wildlife or recreational development and facilities 
in connection with works of improvement, and to submit a plan of 
repayment satisfactory to the secretary of agriculture or other agent or 
agency of the United States for any loan or advancement: Provided^ 
That such plan of repayment shall be based solely upon contributions, 
allotments or commitments of funds to the district or commission. 
"(9) To cooperate, and enter into agreements with, the secretary of 
agriculture of the United States or other agent or agency of the United 
States, and to do all other things required, not inconsistent with the 
provisions of this compact and the laws of the Commonwealth of 
Pennsylvania and the State of West Virginia, to obtain maximum 
federal financial assistance for works of improvement and public fish 
and wildlife or recreational development and facilities in connection 
with such works of improvement. 
"(b) To acquire within the district, land, easements, rights-of-way 
and other property rights as may be needed in connection with works 
of improvement and public fish and wildlife or recreational develop-
ment and facilities in connection with such works of improvement and 
to make studies respecting, and to plan, construct, maintain and oper-
ate, works of improvement within the district and public fish and 
wildlife or recreational development and facilities in connection with 
such works of improvement. 
" (c) To obtain options upon and to acquire, by purchase, exchange, 
lease, gift, grant, bequest, devise, eminent domain, or otherwise, any 
property, real or personal, or rights therein, for any of the purjjoses 
specified in this article of the compact: Provided^ That eminent domain 
proceedings shall be instituted and prosecuted in the manner and 
forums provided by the laws of the commonwealth or state in which 
the property or property rights proceeded against are situate: Pro-
vided, hoioever, That no property now or hereafter vested in or held 
by the Commonwealth of Pennsylvania or the State of West Virginia, 
or by any county, city, town, A'illage, district, township, municipality 
or other political subdivision thereof shall be taken by the district 
16 u s e 1001 
81 STAT.] 
PUBLIC LAW 90-181-DEC. 8, 1967 
557 
without the consent of the commonwealth, state or political subdivision 
which owns the same. 
"(d) To maintain, administer and improve any properties acquired, 
to charge fees for use of, and receive income from, such properties and 
to expend such income in carrying out the purposes and provisions of 
this compact, and to lease any of its property or interests therein in 
accordance with the following provisions and requirements: The 
board of commissioners of the County of Ohio, West Virginia, the 
county court of Marshall County, West Virginia, the board of com-
missioners of Greene County, Pennsylvania, and the board of com-
missioners of Washington County, Pennsylvania, shall each have the 
option of leasing from the commission for such period as the lessee may 
specify all or any part of the works of improvement and the public 
fish and wildlife and recreational development and facilities in con-
nection with works of improvement located within their respective 
counties upon the following terms and conditions: (a) That in each 
such lease the lessee in consideration thereof pay to the lessor the sum 
of one dollar and agree to fully maintain at its (the lessee's) expense 
all works of improvement and all such development and facilities in 
connection therewitli located within the county of tlie lessee in accord-
ance with tlie requirements of the AVatershed Protection and Flood 
Prevention Act of the eighty-third Congress of the United States, 
second session, (Public Law 566)., approved August 4, 1954, as from 
^^ stat. eee. 
time to time amended, and all agreements and work plans made or note. 
formulated thereunder with respect to such works of improvement and 
such develo])ment and facilities in connection therewith located within 
tlie county of the lessee, and that for failure of the lessee to comply 
M'ith sucli agreement, the lessor shall be given the right in the lease 
agreement to cancel the lease upon thirty days written notice to the 
lessee; (b) that any such lease not be inconsistent with the ])rovisions, 
or impair the purposes, of this compact; and (c) that any such lease 
be approved by the secretary of agriculture of the United States or 
other federal agent or agencies having authority to extend approval 
under the provisions of said act and agreements and works plan made 
or formulated thereunder. In the event the board of commissioners or 
county court of any one of the four counties named does not, within 
six months from the completion of the works of improvement and all 
such development and facilities in connection therewith located in such 
county, elect in writing transmitted to the commission to exercise the 
option given to it by the foregoing provisions, or in the event such 
option is exercised and the lease to such board of commissioners or 
county court is subsequently cancelled because of violation of the pro-
vision of the lease by the lessee, or in the event such option is exercised 
and the board of commissioners or county court subsequently chooses 
not to renew its lease, the commissioners may lease all or any part of 
the works of improvement and all such development and facilities in 
connection therewith located within such county to any other lessee 
which the commission may choose, and upon such terms as may be 
agreed upon, provided (a) that any such lease be approved by the" 
board of commissioners or county court of the county in which any part 
or all of the works of improvement and all such development and 
facilities in connection therewith are located; (b) that any such lease 
not be inconsistent with the provisions, or impair the purposes of this 
compact; (c) that any such lease be approved by the secretary of 
agriculture of the United States or other federal agent or agencies 
having authority to extend approval under the provisions of said act 
and agreements and work plans made or formulated thereunder; and 
the option of leasing in the board of commissioners of the County of 
Ohio, West Virginia, the county court of Marshall (\)unty. West Vir-
ginia, the board of commissioners of Greene (^ounty, Pennsylvania, 
558 
PUBLIC LAW 90-181-DEC. 8, 1967 
[81 STAT. 
and the board of commissioners of Washington County, Pennsylvania, 
shall include the rij^ht to sublease on the same terms and conditions 
set out in this paragraph designated (d) to any individual, corpora-
tion, municipal subdivision or municipal authority without the 
approval of the Wheeling Creek Watershed Protection and Flood 
Prevention (Commission. 
"(e) To enter into contracts and other arrangements with agencies 
of the United States, with ])ersons, firms or corporations, including 
both public and private corporations, with the government of the 
state and the government of the commonwealth, or any department 
or agency of the United States, the state or the commonwealth, with 
governmental divisions, with soil conservation, drainage, flood control, 
soil erosion or other improvement districts in the state or the common-
wealth, for cooperation or assistance in constructing, improving, 
operating or maintaining works of improvement within the district, 
and public fish and wildlife or recreational development and facilities 
in connection with works of improvement, or in preventing floods, 
damage from sediment deposited by floodwaters, or in clearance of 
stream beds, or in conserving, developing, utilizing and disposing of 
water in the district, or for making surveys, investigations or reports 
thereof. 
"(f) To apply for, receive and use grants-in-aid, donations and 
contributions from any source or sources, and to accept and use, con-
sistent with the pui'poses of this compact, bequests, devises, gifts and 
donations from any person, firm, corporation, state, commonwealth 
or agency or political subdivision thereof. 
"(g) To do any and all things necessary or convenient for the pvir-
pose of promoting, developing and advancing the pvirposes of said 
district herein set forth, and in promoting, developing and advancing 
the recreational development and facilities incidental to the works of 
improvement that shall be constructed to achieve said purposes. 
"(h) To delegate any authority ^iven to it by law to any of its 
agents or employees, and to exceed its funds in the execution of the 
powers and authority herein given. 
"ARTICLE VII. FISCAL AFFAIRS. 
"The commission shall subihit at the appropriate or designated time 
to the board of commissioners of the County of Ohio, West Virginia, 
the county court of Marshall County, West Virginia, the board of com-
missioners of Greene County, Pennsylvania, and the board of com-
missioners of Washington County, Pennsylvania, an annual budget of 
its estimated expenditure, which budget shall contain specific recom-
mendations of the amount or amounts to be appropriated by each of 
the named governing bodies. 
"The commission shall not incur any obligation prior to the com-
mitment or allotment of funds by the named gOA^erning bodies or by 
other sources adequate to meet the same, 
"The commission shall keep acxiurate accounts of all receipts and 
disbursements, which accounts shall be open for inspection at any 
reasonable time and shall be subject to audit by representatives of 
contributing political subdivisions and of the Commonwealth of Penn-
sylvania and State of West Virginia. The receipts and disbursements 
of the commission shall be subject to the audit and accounting proce-
dures established under its by-laws: Provided^ That all receipts and 
disbursements of the commission shall be audited yearly by a qualified 
public accountant, and the report of the audit shall be transmitted to 
each contributor of funds to the district or commission. 
"ARTICLE VIIL EXEMPTION FROM TAXES AND FEES. 
"The district and the property belonging to the district shall be 
exempt from the payment of all taxes or fees imposed by the Common-
81 STAT.] 
PUBLIC LAW 90-183-DEC. 10, 1967 
559 
wealth of Pennsylvania or tlie State of West Virginia and by any 
agency and political subdivision thereof. 
/'ARTICLE IX. EFFECTIVE DATE OF COMPACT. 
"This compact shall become effective upon ratification by tlie Gen-
eral Assembly of the Commonwealth of Pennsylvania and the Legisla-
ture of the State of West Virginia and upon approval by the Congress 
of the United States." 
SEC. 2. (a) The consent granted by this Act does not include 
advance consent for any additional powers that may hereafter be con-
ferred upon the Wheeling Creek Watershed Protection and Flood 
Prevention Commission by the General Assembly of Pennsylvania and 
the Legislature of AVest Virginia. 
(b) The (^'ongress and any of its connnittees shall have the right to 
re(piire tlie disclosure and furnishing of such information by the 
TMieeling Creek Wate>i'shed Protection and Flood Prevention Com-
mission as they may deem appropriate and shall have access to all 
books, records, and papers of the Commission. 
(c) The I'iglit to alter, amend, or repeal this Act is expressly 
j-eserved. 
Approved December 8, 1967. 
Public Law 90-182 
A N A C T 
December 8, 1967 
To provide long-term leasing for the Gila River Indian Reservation. 
[H. R. 2154] 
Be it enacted hy the Senate and House of Refresentatives 
of the 
United States of America in Congress assertibled^ That section 1 of the- ^"dians. 
Act of August 9, 1955 (69 Stat. 539), as amended, is hereby amended leased. 
as follows: After the words "Pyramid Lake Reservation,-' insert the 
25 use 415. 
words "the Gila Elver Reservation,". 
Approved December 8, 1967. 
Public Law 90-183 
A N A C T 
December 110, 1967 
To amend section 509 of the Merchant Marine Act, 1936, to provide for _^_Jfll^_l] 
construction aid for certain passenger vessels operating on the inland rivers 
and waterways. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress a'^serribled., That section 509 
of the Merchant Marine Act, 1936 (46 U.S.C. 1159), is amended by tTade"''°"'"'" 
inserting immediately after the words "fourteen knots," the follow- ,/^,^*^*4^^;°°°' 
ing: "or in the case of a passenger vessel operating solely on the 
inland rivers and waterways which is designed to be of not less 
than one thousand gross tons and to be capable of sustained speed 
of not less than eight knots,". 
Approved December 10, 1967. 
Passenger ves-
66 Stat. 761. 
85-622 0-68—38