An Act to make certain provisions in connection with the construction of the Garrison diversion unit, Missouri River Basin, project, by the Secretary of the Interior
PL 89-108 (H.R.237), enacted 08/05/1965

79 STAT.] 
PUBLIC LAW 89-108-AUGUST 5, 1965 
Public Law 89-108 
AN ACT 
To make certain provisions in connection with the construction of the Garrison, 
diversion unit, Missouri River Basin project, by the Secretary of the Interior. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assemhled^ That the general 
plan for the Missouri-Souris unit of the Missouri River Basin project, 
heretofore authorized in section 9 of the Flood Control Act of Decem-
ber 22, 1944 (58 Stat. 887), as modified by the report of the Secretary 
of the Interior contained in House Document Numbered 325, Eighty-
sixth Congress, second session, is confirmed and approved under the 
designation "Garrison diversion unit," and the construction of a de-
velopment providing for the irrigation of two hundred and fifty 
thousand acres, municipal and industrial water, fish and wildlife con-
servation and development, recreation, flood control, and other project 
purposes shall be prosecuted by the Department of the Interior sub-
stantially in accordance with the plans set out in the Bureau of Recla-
mation report dated November 1962 (revised February 1965) supple-
mental report to said House Document Numbered 825. 
SEC. 2. (a) Subject to the provisions of subsections (b), (c), (d), 
and (e) of this section, the Secretary is authorized in connection with 
the Garrison diversion unit (i) to construct, operate, and maintain 
or provide for the construction, operation, and maintenance of public 
outdoor recreation and fish and wildlife enhancement facilities, (ii) 
to acquire or otherwise to include within the unit area such adjacent 
lands or interests in land as are necessary for present or future public 
recreation or fish and wildlife use, (iii) to allocate water and reservoir 
capacity to recreation and fish and wildlife enhancement, and (iv) to 
provide for the public use and enjoyment of unit lands, facilities, and 
water areas in a manner coordinated with other unit purposes. The 
Secretary is further authorized to enter into agreements with Federal 
agencies or State or local public bodies for the operation, maintenance, 
and replacement of unit facilities, and to transfer unit lands or facili-
ties to Federal agencies or State or local public bodies by lease or 
exchange, upon such terms and conditions as will best promote the 
development and operation of such lands or facilities in the public 
interest for recreation and fish and wildlife enhancement purposes. 
(b) All costs allocated to fish and wildlife enhancement and incurred 
in connection with waterfowl refuges and waterfowl production areas 
proposed for Federal administration shall be nonreimbursable. 
(c) (1) If, before commencement of construction of the unit, non-
Federal public bodies agree to administer for recreation or fish and 
wildlife enhancement or for both of these purposes pursuant to the 
plan for the development of the unit approved by the Secretary land 
and water areas which are not included within Federal waterfowl 
refuges and waterfowl production areas and to bear not less than 
one-half the separable costs of the unit allocated to either or both of 
said purposes, as the case may be, and attributable to such areas and 
all the costs of operation, maintenance, and replacement incurred in 
connection therewith, the remainder of the separable capital costs so 
allocated and attributed shall be nonreimbursable. 
(2) In the absence of such a preconstruction agreement recreation 
and fish and wildlife enhancement facilities (other than minimum 
facilities for the public health and safety at reservoir access points 
and facilities related to Federal waterfowl refuges and waterfowl pro-
duction areas) shall not be provided, and the allocation of unit costs 
shall reflect only the number of visitor days and the value per visitor 
433 
August 5, 1965 
[H. R. 237] 
Missouri River 
Basin Project, 
Garrison diver-
sion unit. 
Construction 
provisions. 
Recreation, fish 
and wildlife facili-
ties. 
Non-Federal pub-
lic bodies. 
Project adminis-
tration costs, 
Allocation of 
unit costs. 
434 
PUBLIC LAW 89-108-AUGUST 5, 1965 
[79 STAT. 
Non-Federal 
share of costs. 
Provisions for 
acquisition of 
lands. 
Joint capital 
costs. 
Unit costs. 
"Nonreimburs-
able." 
Integration with 
pther Federal 
works. 
day estimated to result from such diminislied recreation development 
AA'ithout reference to lands which may be provided pursuant to sub-
section (e) of this section. 
(d) The non-Federal share of the separable capital costs of the unit 
allocated to recreation and fish and wildlife enhancement shall be 
borne by non-Federal interests, under either or both of the following 
methods as may be determined appropriate by the Secretary: (i) pay-
ment, or provision of lands, interests therein, or facilities for the unit; 
or (ii) repayment, with interest, within fifty years of first use of uriit 
recreation or fish and wildlife enhancement facilities: Provided^ That 
the source of repayment may be limited to entrance and user fees or 
charges collected at the unit by non-Federal interests if the fee schedule 
and the portion of fees dedicated to repayment are established on a 
basis calculated to achieve repayment as aforesaid and are made sub-
ject to review and renegotiation at intervals of not more than five 
years. 
(e) Notwithstanding the absence of preconstruction agreements as 
specified in subsection (c) of this section lands may be acquired in 
connection with construction of the unit to preserve the recreation 
and fish and wildlife enhancement potential of the unit. 
(1) If non-Federal public bodies agree within ten years after initial 
unit operation to administer for recreation and fish and wildlife 
enhancement pursuant to the plan for development of the unit 
approved by the Secretary land and water areas which are not included 
within Federal waterfowl refuges and waterfowl production areas 
and to bear not less than one-half the costs of lands acquired therefor 
pursuant to this subsection and facilities and project modifications 
provided for those purposes and all costs of operation, maintenance, 
and replacement incurred therefor, the remainder of the costs of such 
lands, facilities, and project modifications shall be nonreimbursable. 
Such agreement and subsequent development shall not be the basis for 
any allocation of joint costs of the unit to recreation or fish and wild-
life enhancement. 
(2) If, within ten years after initial operation of the unit, there is 
not an executed agreement as specified in paragraph (1) of this sub-
section, the Secretary may utilize the lands for any lawful purpose 
within the jurisdiction of the Department of the Interior, or may 
transfer custody of the land to another Federal agency for use for 
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 disposition 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 proj-
ect 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 purpK)ses. 
(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. 3. The Garrison diversion unit shall be integrated physically 
and financially with the other Federal works constructed or authorized 
79 STAT.] 
PUBLIC LAW 89-109-AUGUST 5, 1965 
435 
to be constructed under the comprehensive plan approved by section 9 
of the Act of December 22,1944, as amended and supplemented. The 
Secretary shall give consideration to returning to the Missouri River 
to the fullest extent practicable such of the return flows as are not 
required for beneflcial purposes. 
SEC. 4. (a) The interest rate used for computing interest during 
construction and interest on the unpaid balance of the capital costs 
allocated to interest-bearing features of the Garrison diversion unit 
as authorized in this Act 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. 
(b) From and after July 1, 1965, the interest rate on the unamor-
tized balance of the investment allocated to commercial power in 
facilities constructed or under construction on June 30, 1965, by the 
Department of the Army in the Missouri River Basin, the commercial 
power from which is marketed by the Department of the Interior, and 
in the transmission and marketing facilities associated therewith, shall 
be 21/^ per centum per annum. 
SEC. 5. 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 
194a, or any amendment thereof, if the total supply of such commodity 
^ 
for the marketing year in which the bulk of the crop would normally not. 
be marketed is in excess of the normal supply as defined in section 
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. 
SEC. 6. There is hereby authorized to be appropriated for construc-
tion of the Garrison diversion unit as authorized in this Act, the sum 
of $207,000,000, 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 and maintenance of 
the unit. 
Approved August 5, 1965. 
58 Stat. 891. 
Interest rates. 
Water delivery, 
restriction. 
63 Stat. 1051. 
u s e 1421 
62 Stat. 1251. 
7 u s e 1301. 
Appropriation, 
Public Law 89-109 
AN ACT 
To extend and otherwise amend certain expiring provisions of the Public 
Health Service Act relating to community health services, and for other 
purposes. 
August 5, 1965 
[S. 510] 
Be it enacted hy the Senate and House of Represetttatives 
of the 
United States of America in Congress assembled^ That this Act may He^a'i^Trrvfces 
be cited as the "Community Health Services Extension Amendments Extension'Amend-
Of 1965". 
'"^"t^ °f 1965. 
IMMUNIZATION PROGRAMS 
SEC. 2. (a) The first sentence of subsection (a) of section 317 of 
the Public Health Service Act is amended by striking out "and" 
before "June 30, 1965" and by inserting "and each of the next three 
76 Stat. 1155. 
42 u s e 247b.