An Act to amend title I of the Land and Water Conservation Fund Act of 1965, and for other purposes
PL 90-401 (S.1401), enacted 07/15/1968

354 
July 13, 1968 
[S. 1251] 
Reclamation 
project employeesv 
Severance pay. 
PUBLIC LAW 90-400-JULY 13, 1968 
[82 STAT. 
Public Law 90-400 
AN ACT 
To make certain reclamation project expenses nonreimbursable. 
Be it enacted hy the Senate and House of RepreHentatlves of the 
United States of America in Congress assembled, That, notwithstand-
ing any provision of the Federal reclamation laws, as amended and 
supplemented, (a) severance payments heretofore made to employees 
of the Department of the Interior resulting from the transfer to the 
A and B Irrigation District of operation and maintenance responsi-
bilities for the North Side pumping division of the Minidoka Federal 
reclamation project, Idaho, and (b) severance payments which here-
after may be made to employees of the Department of the Interior as 
a result of the transfer to the Quincy-Columbia Basin Irrigation Dis-
trict, the East Columbia Basin Irrigation District, and the South 
Columbia Basin Irrigation District of operation and maintenance 
responsibilities for the irrigation facilities of the Columbia Basin 
Federal reclamation project, Washington, shall be nonreimbursable 
and nonreturnable. 
Approved July 13, 1968. 
Public Law 90-401 
July 15, 1968 
[S.1401] 
Land and Water 
Conservation Fund 
Act of 1965, 
amendment. 
Entrance and 
user fees. 
Repeal. 
Special account. 
AN ACT 
To amend title I of the Land and Water Conservation Fund Act of 11)65, and 
for other purposes. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled, That (a) section 2, 
subsection (a), of the Land and Water Conservation Fund Act of 1965 
(78 Stat. 897: 16 U.S.C. 460 1-5), except the fourth paragraph thereof, 
is repealed; said fourth paragraph is redesignated section 10 of said 
Act; and subsections (b) and (c) of said section 2 are redesignated 
(a) and (b), respectively. 
(b) It is not the intent of the Congress by this repealer to indicate 
that Federal agencies which have under their administrative juris-
diction areas or facilities used or useful for outdoor recreation or 
which furnish services related to outdoor recreation shall not exer-
cise any authority they may have, including authority under sectiori 
501 of the Act of August 31, 1951 (65 Stat. 290; 31 U.S.C. 483a), 
or any authority they may hereafter be given, to make reasonable 
charges for admission to such areas, for the use of such facilities, or 
for the furnishing of such services. Except as otherwise provided by 
law or as may be required by lawful contracts entered into prior to 
September 3, 1964, providing that revenues collected at particular 
82 STAT. ] 
PUBLIC LAW 90-401-JULY 15, 1968 
355 
Federal areas shall be credited to specific purposes, all fees so charged 
shall be covered into a special account under the Land and Water 
Conservation Fund and shall be available for appropriation, with-
out prejudice to appropriations from other sources for the same pur-
poses, for any authorized outdoor recreation function of the agency 
ny which the fees were collected. 
(c) Section 6, subsection (a), of said Act is amended by striking out 
the words "in substantially the same proportion as the number of 
visitor-days in areas and projects hereinafter described for which ad-
mission fees are charged under section 2 of this Act". 
(d) The provisions of subsections (a) and (c) of this section shall 
bs effective March 31,1970. Until that date, revenues derived from the 
subsection (a) that is repealed by this section shall continue to be 
covered into the fund. 
SEC. 2. The aforesaid section 2 of the Land and Water Conservation 
Fund Act of 1965 is further amended by adding at the end thereof the 
following new subsection: 
"(c) (1) OTHER REVENUES.—In addition to the sum of the revenues 
and collections estimated by the Secretary of the Interior to be covered 
into the fund pursuant to this section, as amended, there are authorized 
to b3 appropriated annually to the fund out of any money in the 
Treasury not otherwise ap)propriated such amounts as are necessary 
to make the income of the fund not less than $200,000,000 for each of 
the five fiscal years beginning July 1, 1968, and ending June 30, 1973. 
"(2) To the extent that any such sums so appropriated are not 
sufficient to make the total annual income of the fund amount to 
$200,000,000 for each of such fiscal years, an amount sufficient to cover 
the remainder thereof shall be credited to the fund from revenues due 
and payable to the United States for deposit in the Treasury as mis-
cellaneous receipts under the Outer Continental Shelf Lands Act, as 
amended (43 U.S.C. 1331 et seq.) : Provided, That notwithstanding the 
provisions of section 3 of this Act, moneys covered into the fund 
under this paragraph shall remain in the fund until appropriated by 
the Congress to carry out the purpose of this Act." 
SEC. 3. The first sentence of section 4, subsection (b), of the Land 
and Water Conservation Fund Act of 1965 is amended by deleting 
"for a total of eight years" and inserting in lieu thereof "until the 
end of fiscal year 1969". 
SEC. 4. The Land and Water Conservation Fund Act of 1965 is 
further amended by adding thereto the following new sections: 
"SEC. 8. Not to exceed $30,000,000 of the money authorized to be 
appropriated from the fund by section 3 of this Act may be obligated 
by contract during each of fiscal years 1969 and 1970 for the acquisition 
of lands, waters, or interests therein within areas specified in section 
6(a) (1) of this Act. Any such contract may be executed by the head of 
the department concerned, within limitations prescribed by the Secre-
tary of the Interior. Any such contract so entered into shall be deemed 
a contractual obligation of the United States and shall be liquidated 
with money appropriated from the fund specifically for liquidation 
of such contract obligation. Xo contract may be entered into for the 
acquisition of property pursuant to this section unless such acquisition 
is otherwise authorized by Federal law. 
"SEC. 9. The Secretary of the Interior may enter into contracts for 
options to acquire lands, waters, or interests therein within the exterior 
boundaries of any area the acquisition of which is authorized by law 
for inclusion in the national park system. The minimum period of any 
such option shall be two years, and any sums expended for the pur-
chase thereof shall be credited to the purchase price of said area. Not 
to exceed $500,000 of the sum authorized to be appropriated from the 
16 u s e 460/-9. 
Effective date. 
67 Stat. 462. 
16 u s e 46()^6. 
Advance appro-
priations. 
16 u s e 460i-7. 
78 Stat. 897. 
16 u s e 460^4 
note. 
Advance con-
tract authority. 
16 u s e 460/-6. 
Option acqviisi-
tion authority. 
Former owners, 
priority. 
356 
PUBLIC LAW 90-402-JULY 18, 1968 
[82 STAT. 
fund by section 3 of this Act may be expended by the Secretary in any 
one fiscal year for such options." 
lersehoid'^inter- 
^^^- ^- (^) With Tcspect to Ruy property acquired by the Secretary 
est, conveyance, 
of the luterior withiu a unit of the national park system or miscel-
laneous area, except property within national parks, or within national 
monuments of scientific significance, the Secretary may convey a free-
hold or leasehold interest therein, subject to such terms and conditions 
as will assure the use of the property in a manner which is. in the 
judgment of the Secretary, consistent with the purpose for which the 
area was authorized by the Congress. In any case in which the Secre-
tary exercises his discretion to convey such interest, he shall do so 
to the highest bidder, in accordance with such regulations as the Secre-
tary may prescribe, but such conveyance shall ba at not less than the 
fair market value of the interest, as determined by the Secretary; 
except that if any such conveyance is proposed within two years 
after the property to be conveyed is acquired by the Secretary, he 
shall allow the last owner or owners of record of such property thirty 
days following the date on which they are notified by the Secretary in 
writing that such property is to be conveyed within which to notify 
the Secretary that such owners w^ish to acquire such interest. Upon 
receiving such timely request, the Secretary shall convey such interest 
to such person or persons, in accordance with such regulations as the 
Secretary may prescribe, upon payment or agreement to pay an 
am'^unt equal to the highest bid price. 
auUiTrtt^''^^"^^ 
(b) The Secretary of the Interior is authorized to accept title to any 
non-Federal property or interest therein within a unit of the National 
Park System or miscellaneous area under his administration, and in 
excliange therefor he may convey to the grantor of such property or 
interest any Federally-ovv'ned property or interest therein under his 
jurisdiction which he determines is suitable for exchange or other dis-
posal and which is located in the same State as the non-Federal prop-
erty to be acquired: Provided^ Iwtoever, That timber lands subject to 
harvest under a sustained yield program shall not be so exchanged. 
Public hear- 
IJpon requcst of a State or a political subdivision thereof, or of a 
party in interest, prior to such exchange the Secretary or his designee 
shall hold a public hearing in the area where the lands to be exchanged 
are located. The values of the properties so exchanged either shall be 
approximately equal, or if they are not approximately equal, the 
values shall be equalized by the payment of cash to the grantor from 
funds appropriated for the acquisition of land for the area, or to the 
Secretary as the circumstances require. 
Proceeds. 
((.) Xlic procecds received from any conveyance under this section 
shall be credited to the land and water conservation fund in the Treas-
ury of the United States. 
Approved July 15, 1968. 
Public Law 90-402 
July 18, 1968 
AN ACT 
^^- 2701] 
1,) provide for sale or exchange of isolated tracts of tribal lands on the Flathead 
Reservation, Montana. 
Be It enacted l>y the Senate and House of Representatives 
of the 
Flathead Reser- J'n'tfed States of America In Congress assemhJed, That upon request 
''Tribal T
a
n
^
d
s
, 
of tliG (^oufederatcd Salish and Kootenai Tribes of the Flathead Res-
saie or exchange. t'i'\ation, Moutaua, actiug through their governing body, the Secretary 
of the Interior is authorized to dispose of the following described 
tribal lands within the exterior boundaries of the reservation by 
sale at not less than fair market value or by exchange: Provided^ That 
ing