An Act to provide for the settlement of claims of certain inhabitants of the United States living in the area inundated by the sudden floods of the Rio Grande as a result of the construction of the Falcon Dam, and for other purposes
PL 88-447 (H.R.8999), enacted 08/19/1964

78 STAT. ] 
PUBLIC LAW 88-447-AUG. 19, 1964 
481 
certifies to the Congress that the use, by purchase from the Treasury, 
of currencies of such country acquired pursuant to hiw is not feasible 
for the purpose, stating the reason therefor. 
SEC. 588. None of the funds provided herein shall be used to pay 
any recipient of a grant for the conduct of a research project an 
amount for iudirect expenses in connection with such project in excess 
of 20 per centum of the direct costs. 
SEC. 589. Of the funds made available in this Act for repair, altera-
tion, and conversion of naval vessels, at least 35 per centum shall be 
available for such repair, alteration, and conversion in privately 
owned shipyards: Provided^ That if determined by the Secretary of 
Defense to be inconsistent with the public interest based on urgency of 
requirement to have such vessels repaired, altered, or converted as 
required above, such work may be done in Navy or private shipyards 
as he may direct. 
SEC. 540. None of the funds appropriated in this Act shall be used to 
conduct or assist in conducting any program (including but not limited 
to the payment of salaries, administrative expenses, and the conduct 
of research activities) related directly or indirectly to the establish-
ment of a national service corps or similar domestic peace corps type 
of program. 
SEC. 541. This Act may be cited as the "Department of Defense 
Appropriation Act, 1965.'' 
Approved August 19, 1964. 
Research proj-
ects, indirect 
expenses. 
Use of privately 
owned shipyards. 
Restriction. 
Short title. 
Public Law 88-447 
AN ACT 
To provide for the settlement of claims of certain inhabitants of the United 
States living in the area inundated by the sudden floods of the Rio Grande 
as a result of the construction of the Falcon Dam, and for other purposes. 
August 19, 19 64 
[H. R. 8999] 
Be it enacted hy the Senate and Houm of Representatives 
of the 
United States of America in Congress assembled, That the United 
States Commissioner on the International Boundary and Water Com-
mission United States and Mexico (hereafter in this Act referred to 
as the "(Commissioner'') shall have jurisdiction to receive, adjudicate, 
and provide for the payment of any claim, which claim is not compen-
sated for by insurance or otherwise, (1) by any person or his heirs at 
law against the United States for damage to or loss of personal prop-
erty sustained on or after August 27, 1953, and before September 1, 
1954, by reason of the sudden floods of the Rio Grande resulting from 
tl\o construction of the Falcon Dam pursuant to a treaty between the 
United States and the Republic of Mexico, (2) by any welfare agency 
or municipal corporation or other political subdivision of the State 
of Texas, for actual expenses incurred on account of assistance rendered 
in the emergency relocation of any person or his personal property by 
reason of those floods, or (3) by any person against the United States 
for actual expenses incurred by him in the process and as a direct 
result of moving himself, his family, and their possessions, where 
such moving was made necessary by reason of the construction of such 
dam. 
In the consideration of claims filed under clause (1) of this 
section, the Commissioner shall take into account the difficulty to 
Falcon Dam, 
damage claims. 
Settlement. 
59 Stat. 1219. 
482 
PUBLIC LAW 88-447-AUG. 19, 1964 
[78 STAT. 
Prohibition of 
certain claims. 
Investigation, 
hearings, etc. 
38 Stat. 722. 
60 Stat. 809. 
Adjudication. 
Report to 
Congress. 
claimants of obtaining formal proof of all items of loss in claims 
presented to him, and shall not be bound by formal rules of evidence, 
but may rely on such presumptions and other methods of establishing 
losses as he may find to be equitable. 
SEC. 2. (a) The Commissioner shall receive claims for a period of 
twelve months from the date of enactment of this Act. All claims not 
presented within that time shall be forever barred. 
(b) The Commissioner shall not consider any claim— 
(1) for damage or loss on account of death or personal injury, 
personal inconvenience, physical hardship, or mental suffering; or 
(2) for loss of anticipated profits or loss of anticipated 
earnings. 
SEC. 8. (a) The (Commissioner shall give reasonable notice to the 
interested parties and an opportunity for them to be heard and to 
present evidence before making a final determination upon any claim. 
(b) For the purpose of any hearing or investigation authorized 
under this Act, the provisions of sections 9 and 10 (relating to exam-
ination of documentary evidence, attendance of witnesses, and produc-
tion of books, papers, and documents) of the Federal Trade Com-
mission Act of September 26,1914, as amended (15 U.S.C. 49, 50), are 
hereby made applicable to the jurisdiction, powers, and duties of the 
(Commissioner. 
Subpenas may be served personally, by registered 
mail, by telegraph, or by leaving a copy thereof at the residence or 
principal place of business of the person required to be served. 
A 
verified return by the individual so serving the same, setting forth 
the manner of service, shall be proof of service. The United States 
niarshals or their deputies shall serve such process in their respective 
districts. 
(c) A written record shall be kept of all hearings and proceedings 
under this Act and shall be open to public inspection. 
(d) The provisions of section 10 of the Administrative Expenses 
Act of 1946 (5 U.S.C. 95a) shall apply with respect to witnesses 
summoned to attend any hearing or investigation authorized under this 
Act. 
SEC. 4. (a) The Commissioner shall adjudicate all claims filed 
under this Act by award or order of dismissal, as the case may be, upon 
written findings of fact and reasons for the decision. A copy of each 
such adjudication shall be mailed to the claimant or his attorney. 
(b) No payment of any award on a claim for moving expenses under 
section 1(3) of this Act to the owners and tenants or their heirs at law 
of any parcel of land shall exceed 25 per centum of its fair value, as 
determined by the court proceedings in eminent domain or the Com-
missioner in the event no court proceedings were had. 
In any event, 
except for awards on claims by welfare agencies, municipal corpora-
tions, or other political subdivisions of the State of Texas, no payment 
of any award shall exceed $2,500 in amount. 
Subject to these limita-
tions, the Commissioner may make payment of awards out of such 
funds as may be made available for this purpose by Congress. 
(c) On the first day of each regular session of Congress the Com-
missioner shall transmit to Congress a full and complete statement 
of all adjudications rendered under this Act during the previous year, 
stating the name and address of each claimant, the amount claimed, the 
amount aw^arded, the amount paid, and a brief synopsis of the facts 
in the case and the reasons for each adjudication. 
78 STAT. ] 
PUBLIC LAW 88-447-AUG. 19, 1964 
483 
(d) The payment of an award shall be final and conclusive for all 
purposes, notwithstanding any other provision of the law to the con-
trary, and shall be a full discharge of the United States and all of its 
officers, agents, servants, and employees with respect to all claims aris-
ing out of the same subject matter. An order of dismissal against a 
claimant, unless set aside by the Commissioner, shall thereafter bar 
any further claim against the United States or any officer, agent, 
servant, or employee thereof arising out of the same subject matter. 
SEC. 5. The Commissioner shall complete the adjudication of claims 
and payment of awards pursuant to this Act not later than one year 
following the enactment of legislation making appropriations for the 
payment of awards and administrative expenses necessary for the 
settlement of claims. 
SEC. 6. The Commissioner, in rendering an award in favor of any 
claimant, may as a part of the award determine and allow reasonable 
attorneys' fees, which shall not exceed 10 per centum of the amount 
allowed, to be paid out of, but not in addition to, the amount of such 
award. 
Any attorney who charges, demands, receives, or collects for serv-
ices rendered in connection with such claim any amount in excess of 
that limited by the terms of this section, if recovery be had, shall be 
guilty of a misdemeanor, and shall upon conviction thereof be subject 
to a fine of not more than $2,000, or imprisonment for not more than 
one year, or both. 
SEC. 7. For the purposes of this Act the Commissioner may— 
(1) employ and fix the compensation of such personnel as he 
deems advisable and necessary for the purpose of carrying out the 
provisions of this Act, without regard to the provisions of the 
civil service laws and Classification Act of 1949, as amended; 
(2) call upon any other Federal department or agency for any 
information or records necessary, and may utilize the services of 
experts from such Federal department or agency, on a reim-
bursable basis; 
(3) secure the cooperation of State and local agencies, govern-
mental or otherwise, and reimburse such agencies for services 
rendered; 
(4) utilize such voluntary and uncompensated services as may 
from time to time be needed and available; 
(5) assist needy claimants in the preparation and filing of 
claims; 
(6) make such investigations as may be necessary; 
(7) make expenditures for witness fees and mileage and for 
other administrative expenses; 
(8) prescribe such rules and regulations, perform such acts 
not inconsistent with law, and delegate such authority as he may 
deem proper in carrying out the provisions of this Act. 
SEC. 8. There is authorized to be appropriated to the Department 
of State for use of the United States Section, International Boundary 
and Water Commission, United States and Mexico, such sums as may 
be necessary to carry out the provisions of this Act. 
Pending the 
appropriation of such funds, not to exceed $20,000 of funds appropri-
ated for the construction of Falcon Dam shall be available for the 
paynient of administrative costs of the claims program provided for 
in this Act. 
Approved August 19, 1964. 
Time limitation. 
Attorneys' fees. 
Administrative 
authority. 
Ante, p. 400. 
Appropriation.