1718

EXCHANGE OF LANDS, TOWN OF POWELL

An act relating to the exchange of certain lands between the town of Powell, Wyoming, and the Presbyterian Retirement Facilities Corp. (Act of August 8, 1963, Public Law 88-91, 77 Stat. 120)

[Sec. 1. Land exchange authorized.]—(a) The Secretary of the Interior is authorized to accept from the town of Powell, Wyoming, a deed conveying to the United States all right, title, and interest of the town of Powell, Wyoming, in and to all or part of the property comprising block 116 conveyed to such town by patent numbered 1056913, dated August 23, 1932.

(b) Upon the receipt of a deed from the town of Powell, Wyoming, conveying the property comprising all or part of block 116 to the United States, the Secretary of the Interior is authorized to convey by patent or other appropriate conveyance to the Presbyterian Retirement Facilities Corp. all right, title, and interest of the United States in and to such property upon the condition that—

(1) the Presbyterian Retirement Facilities Corp. convey to the United States fee simple title to a parcel of property of approximately equal value to that property received by it from the United States under this Act; (2) if it is determined after an appraisal by the Secretary of the Interior that the parcel of property to be conveyed to the United States under paragraph (1) of this subsection is of less value than the property conveyed by it to the Presbyterian Retirement Facilities Corp., the corporation shall pay to the United States an amount equal to that difference in value. (77 Stat. 120)

Sec. 2. [Conveyance after land exchange.]—(a) The Secretary of the Interior is authorized to convey by patent or other appropriate conveyance to the town of Powell, Wyoming, all right, title, and interest of the United States in and to that parcel of property conveyed to the United States by the Presbyterian Retirement Facilities Corp. pursuant to the first section of this Act.

(b) The conveyance authorized under subsection (a) of this section shall be made subject to the same covenants, conditions, and limitations as those contained in patent numbered 1056913, dated August 23, 1932, referred to in the first section of this Act. (77 Stat. 120)

Sec. 3. [Compensation to the United States for administrative expenses.]— The town of Powell, Wyoming, and the Presbyterian Retirement Facilities Corp. shall pay to the United States such sum as may be fixed by the Secretary of the Interior to compensate the United States for its administrative costs in carrying out the provisions of this Act, which sum shall be covered into the Treasury as miscellaneous receipts. (77 Stat. 120)

EXPLANATORY NOTES

Not Codified. This Act is not codified in the U.S. Code.

Purpose of the Act. The purpose of this Act was to permit the town of Powell to

convey a block of Powell town site consisting of approximately 3.6 acres to the Presbyterian Retirement Facilities Corp. without breaching the condition in the town site

EXCHANGE OF LANDS, TOWN OF POWELL

1720

EXTENSION OF CACHE NATIONAL FOREST

An act to add certain lands to the Cache National Forest, Utah. (Act of August 19, 1963, Public Law 88-99, 77 Stat. 124)

[Sec. 1. Forest boundaries extended-Lands described.]-The exterior boundaries of the Cache National Forest, Utah, are hereby extended to include the following described lands:

(Legal description of the land omitted, 77 Stat. 124–27)

Sec. 2. [Pineview reservoir site to be national forest lands-Approval by the Secretary of the Interior required before lands may be disposed of-Proceeds from any such disposal of land to be credited pursuant to reclamation law.]— All lands of the United States within such extended boundaries together with all federally owned lands within the former forest boundary which are included within the enlarged Pineview Reservoir site in sections 1, 2, 3, 10, 11, 12, 13, 14, 15, 16, and 24, township 6 north, range 1 east, sections 6, 7, 18, and 19, township 6 north, range 2 east, and sections 34 and 36, township 7 north, range 1 east, Salt Lake base and meridian, and including any lands within such boundaries hereafter acquired by the United States in connection with the Weber Basin project, shall hereafter be national forest lands subject to the laws, rules, and regulations applicable to lands acquired pursuant to the Act of March 1, 1911 (36 Stat. 961), as amended: Provided, That none of these lands shall be sold, exchanged, or otherwise be disposed of by the Secretary of Agriculture without the approval of the Secretary of the Interior and any revenue from disposal so authorized shall be credited pursuant to reclamation law. (77 Stat. 127)

Sec. 3. [Lands to be available to the Bureau of Reclamation-Respective responsibilities of the Secretaries of Agriculture and Interior.]—(a) The Secretary of Agriculture shall make available, from the lands referred to in the foregoing sections of this Act, to the Bureau of Reclamation of the Department of the Interior, such lands as the Secretary of the Interior finds are needed in connection with the Weber Basin and Ogden River reclamation projects, and shall include particularly as a minimum area needed for such project, all the normal water surface area of the Pineview Reservoir and an adjacent border strip extending out from such water surface area a minimum horizontal distance of 100 feet around said reservoir, and in addition all the reclamation acquired land in section 16, township 6 north, range 1 east.

(b) The Secretary of the Interior is authorized to enter into such agreements with the Secretary of Agriculture with respect to the relative responsibilities of the aforesaid Secretaries for the administration of, as well as accountings for and use of revenues arising from, lands made available to the Bureau of Reclamation of the Department of the Interior pursuant to subsection (a) as the Secretary

EXTENSION OF CACHE NATIONAL FOREST

of the Interior finds to be proper in carrying out the purpose of this Act. (77 Stat. 127)

EXPLANATORY NOTES

1722

INTEREST OF LOCAL AGENCIES IN ARMY RESERVOIRS

An act defining the interest of local public agencies in water reservoirs constructed by the Government which have been financed partially by such agencies. (Act of October 16, 1963, Public Law 88-140, 77 Stat. 249)

[Sec. 1. Contributions of States and local interests to Corps of Engineers dams and reservoirs recognized-Their rights to use.]-Cognizant that many States and local interests have in the past contributed to the Government, or have contracted to pay to the Government over a specified period of years, money equivalent to the cost of providing for them water storage space at Governmentowned dams and reservoirs, constructed by the Corps of Engineers of the United States Army, and that such practices will continue, and, that no law defines the duration of their interest in such storage space, and realizing that such States and local interests assume the obligation of paying substantially their portion of the cost of providing such facilities, their right to use may be continued during the existence of the facility as hereinafter provided. (77 Stat. 249; 43 U.S.C. § 390c)

Sec. 2. [Dams and reservoirs affected.]-This Act will be applicable to all dams and reservoirs heretofore or hereafter constructed by the United States Government (acting through the Corps of Engineers of the United States Army) wherein either a part of the construction cost thereof shall have been contributed or may be contributed by States or local interests (hereinafter called “local interests") or local interests have acquired or may acquire rights to utilize certain storage space thereof by making payments during the period of such use as specified in the agreement with the Government and wherein the amount of money paid, exclusive of interest, is equivalent to the cost of providing that part of such dam and reservoir which is allocated to such use, whether such share of cost shall have been determined by the "incremental cost" method or by the "separable costs-remaining benefits" method or by any other method. Included among the dams and reservoirs affected by this Act are those constructed by the Corps of Engineers of the Department of the Army, but nothing in this Act shall be construed to affect or modify section 8 of the Flood Control Act of 1944. (77 Stat. 249; 43 U.S.C. § 390d)

Sec. 3. [Rights of interests continued so long as water storage space is physically available, subject to reallocations required due to sedimentationProcedure should Federal operation of a facility end.]-The right thus acquired by any such local interest is hereby declared to be available to the local interest so long as the space designated for that purpose may be physically available, taking into account such equitable reallocation of reservoir storage capacities among the purposes served by the project as may be necessary due to sedimentation, and not limited to the term of years which may be prescribed in any lease agreement or other agreement with the Government, but the enjoyment of such right will remain subject to performance of its obligations prescribed in such lease agreement or agreement executed in reference thereto. Such obliga