An Act to amend section 1825 of title 28 of the United States Code to authorize the payment of witness fees in habeas corpus cases and in proceedings to vacate sentence under section 2255 of title 28 for persons who are authorized to proceed in forma pauperis
PL 89-162 (H.R.1763), enacted 09/02/1965

618 
PUBLIC LAW 89-162-SEPT. 2, 1965 
[79 STAT. 
Local interests. 
Allocation of 
water, limitation. 
Appropriation. 
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 dispos'ition in accordance 
with the surplus property laws of the United States. In no case shall 
the lands be used or made available for use for any purpose in conflict 
with the purposes for which the project was constructed, and in every 
case preference shall be given to uses which will preserve and promote 
the recreation and fish and wildlife enhancement potential of the 
project or, in the absence thereof, will not detract from that potential. 
(f) Subject to the limitations hereinbefore stated, joint capital 
costs allocated to recreation and fish and wildlife enhancement shall 
be nonreimbursable. 
(g) Costs of means and measures to prevent loss of and damage to 
fish and wildlife shall be treated as unit costs and allocated among all 
unit purposes. 
(h) As used in this Act, the term "nonreimbursable" shall not be 
construed to prohibit the imposition of entrance, admission, and other 
recreation user fees or charges. 
SEC. 4. In locating and designing the works and facilities authorized 
for construction by this Act, and in acquiring or withdrawing any 
lands as authorized by this Act, the Secretary shall give due con-
sideration to the reports upon the California water plan prepared by 
the State of California, and shall consult the local interests who may 
be affected by the construction and operation of said works and 
facilities or by the acquisition or withdrawal of lands, through public 
hearings or in such manner as in his discretion may be found best 
suited to a maximum expression of the views of such local interests. 
SEC. 5. Nothing contained in this Act shall be construed by impli-
cation or otherwise as an allocation of water, and in the studies for the 
purposes of developing plans for disposal of water as herein authorized 
the Secretary shall make recommendations for the use of water in 
accord with State water laws, including but not limited to such laws 
giving priority to the counties and areas of origin for present and 
future needs. 
SEC. 6. There is hereby authorized to be appropriated for construc-
tion of the Auburn-Folsom South unit, American River division, the 
sum of $425,000,000 (1965 prices), plus or minus such amounts, if any, 
as may be justified by reason of ordinary fluctuations in construction 
costs as indicated by engineering cost indexes applicable to the types 
of construction involved herein. 
There are also authorized to be 
appropriated such additional sums as may be required for operation 
ana maintenance of the project. 
Approved September 2, 1965. 
Public Law 89-162 
September 2, 1965 
[H. R. 1763] 
U.S. courts. 
Payment of 
witness' fees. 
62 Stat. 951. 
AN ACT 
To amend section 1825 of title 28 of the United States Code to authorize the pay-
ment of witness' fees in habeas corpus cases and in proceedings to vacate 
sentence under section 2255 of title 28 for persons who are authorized to pro-
ceed in forma pauperis. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled, That section 1825 
of title 28, United States Code, is amended by adding after the first 
paragraph of the section the following paragraph: 
"In all proceedings, in forma pauperis, for a writ of habeas corpus 
or in proceedings under section 2255 of this title, the United States 
marshal for the district shall pay all fees of witnesses for the party 
79 STAT. ] 
PUBLIC LAW 89-163-SEPT. 2, 1965 
619 
authorized to proceed in forma pauperis, on the certificate of the 
district judge." 
And the last paragraph of section 1825 is amended to read as 
follows: 
"Fees and mileage need not be tendered to the witness upon service 
of a subpena issued in behalf of the United States or an officer or 
agency thereof, or upon service of a subpena issued on behalf of a 
party, authorized to proceed in forma pauperis, where the payment 
thereof is to be made by the United States marshal as authorized in 
this section." 
Approved September 2, 1965. 
Public Law 89-163 
A N A C T 
September 2, 1965 
To amend section 753(b) of title 28, United States Code, to provide for the 
[H. R. 3997] 
recording of proceedings in the United States district courts by means of 
electronic sound recording as well as by shorthand or mechanical means. 
U.S. district 
courts. 
62 Stat. 921. 
Be it eTiacted hy the Seriate and House of Representatives 
of the 
United States of America in Congress assembled^ That the first three 
paragraphs of subsection (b) of section 753 of title 28, United States ""Recording o
f 
Code, are amended to read as follows: 
^^'iV^flr^Z 
"One of the reporters appointed for each such court shall attend 
at each session of the court and at every other proceeding designated 
by rule or order of the court or by one of the judges, and shall record 
verbatim by shorthand or by mechanical means which may be aug-
mented by electronic sound recording subject to regulations promul-
gated by the Judicial Conference: (1) all proceedings in criminal 
cases had in open court; (2) all proceedings in other cases had in open 
court unless the parties with the approval of the judge shall agree 
specifically to the contrary; and (3) such other proceedings as a judge 
of the court may direct or as may be required by rule or order of 
court or as may be requested by any party to the proceeding. The 
Judicial Conference shall prescribe the types of electronic sound 
recording means which may be used by the reporters. 
"The reporter shall attach his official certificate to the orginial short-
hand notes or other original records so taken and promptly file them 
with the clerk who shall preserve them in the public records of the 
court for not less than ten years. An electronic sound recording of 
proceedings on arraignment, plea, and sentence in a criminal case, 
when properly certified by the court reporter, shall be admissible 
evidence to establish the record of that part of the proceeding. 
"The reporter shall transcribe and certify all arraignments, pleas, 
and proceedings in connection with the imposition of sentence in 
criminal cases unless they have been recorded by electronic sound 
recording as provided in this subsection and the original records so 
taken have been certified by him and filed with the clerk as hereinabove 
provided in this subsection. He shall also transcribe and certify such 
other parts of the record of proceedings as may be required by rule 
or order of court. 
Upon the request or any party to any proceeding 
which has been so recorded who has agreed to pay the fee therefor, 
or of a judge of the court, the reporter shall promptly transcribe the 
original records of the requested parts of the proceedings and attach 
to the transcript his official certificate, and deliver the same to the 
party or judge making the request." 
Approved September 2, 1965.