LAND AND WATER CONSERVATION FUND ACT

ALLOCATION OF MONEYS FOR FEDERAL PURPOSES

1793

Sec. 6. (a) Moneys appropriated from the fund for Federal purposes shall, unless otherwise allotted in the appropriation Act making them available, be allotted by the President to the following purposes and subpurposes in substantially the same proportion as the number of visitor-days in areas and projects hereinafter described for which admission fees are charged under section 2 of this Act:

(1) For the acquisition of land, waters, or interests in land or waters as follows:

NATIONAL PARK SYSTEM; RECREATION AREAS.-Within the exterior boundaries of areas of the national park system now or hereafter authorized or established and of areas now or hereafter authorized to be administered by the Secretary of the Interior for outdoor recreation purposes.

NATIONAL FOREST SYSTEM.-Inholdings within (a) wilderness areas of the National Forest System, and (b) other areas of national forests as the boundaries of those forests exist on the effective date of this Act which other areas are primarily of value for outdoor recreation purposes: Provided, That lands outside of but adjacent to an existing national forest boundary, not to exceed five hundred acres in the case of any one forest, which would comprise an integral part of a forest recreational management area may also be acquired with moneys appropriated from this fund: Provided further, That not more than 15 per centum of the acreage added to the National Forest System pursuant to this section shall be west of the 100th meridian. THREATENED SPECIES.-For any national area which may be authorized for the preservation of species of fish or wildlife that are threatened with extinction.

Recreation at REFUGES.-For the incidental recreation purposes of section 2 of the Act of September 28, 1962 (76 Stat. 653; 16 U.S.C. 460k-1); and

(2) For payment into miscellaneous receipts of the Treasury as a partial offset for those capital costs, if any, of Federal water development projects hereafter authorized to be constructed by or pursuant to an Act of Congress which are allocated to public recreation and the enhancement of fish and wildlife values and financed through appropriations to water resource agencies.

(b) ACQUISITION RESTRICTION.-Appropriations from the fund pursuant to this section shall not be used for acquisition unless such acquisition is otherwise authorized by law. (78 Stat. 903; 16 U.S.C. § 4601-9)

EXPLANATORY NOTES

Supplementary Provision: Limitation of Subsection 6(a) (2) in Certain Cases. Subsection 6(g) of the Federal Water Project Recreation Act reads as follows: "Subsection 6(a)(2) of the Land and Water Conservation Fund Act of 1965 (78 Stat. 897) shall not apply to costs allocated to recreation and fish and wildlife enhancement

which are borne by the United States as a nonreimbursable project cost pursuant to subsection 2(a) or subsection 3(b)(1) of this Act." Subsections 2(a) and 3(b)(1) of the Federal Water Project Recreation deal with certain costs that are nonreimbursable whenever non-Federal public bodies agree to administer Federal water project land

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LAND AND WATER CONSERVATION FUND ACT

and water areas for recreation and fish and wildlife purposes. The Act appears herein in chronological order.

Reference in the Text. Section 2 of the Act of September 28, 1962 (76 Stat. 653; 16 U.S.C. § 460k-1), referred to in the text, provides that, in order to avoid adverse

effects to fish and wildlife which might result from public recreation at or visitation to areas devoted to fish and wildlife conservation, the Secretary of the Interior is authorized to acquire limited areas of land adjacent to such areas for recreational development.

FUNDS NOT TO BE USED FOR PUBLICITY

Sec. 7. Moneys derived from the sources listed in section 2 of this Act shall not be available for publicity purposes. (78 Stat. 903; 16 U.S.C. § 4607-10).

TITLE II-MOTORBOAT FUEL TAX PROVISIONS

TRANSFERS TO AND FROM LAND AND WATER CONSERVATION FUND

Sec. 201. (a) There shall be set aside in the land and water conservation fund in the Treasury of the United States provided for in title I of this Act the amounts specified in section 209(f) (5) of the Highway Revenue Act of 1956 (relating to special motor fuels and gasoline used in motorboats).

(b) There shall be paid from time to time from the land and water conservation fund into the general fund of the Treasury amounts estimated by the Secretary of the Treasury as equivalent to

(1) the amounts paid before July 1, 1973, under section 6421 of the Internal Revenue Code of 1954 (relating to amounts paid in respect of gasoline used for certain nonhighway purposes or by local transit systems) with respect to gasoline used after December 31, 1964, in motorboats, on the basis of claims filed for periods ending before October 1, 1972; and

(2) 80 percent of the floor stocks refunds made before July 1, 1973, under section 6412 (a) (2) of such Code with respect to gasoline to be used in motorboats. (78 Stat. 904; 16 U.S.C. § 4607-11)

AMENDMENTS TO HIGHWAY REVENUE ACT OF 1956

Sec. 202. (a) Section 209 (f) of the Highway Revenue Act of 1956 (relating to expenditures from highway trust fund) is amended by adding at the end thereof the following new paragraph:

"(5) TRANSFERS FROM THE TRUST FUND FOR SPECIAL MOTOR FUELS AND GASOLINE USED IN MOTORBOATS.-The Secretary of the Treasury shall pay from time to time from the trust fund into the land and water conservation fund provided for in title I of the Land and Water Conservation Fund Act of 1965 amounts as determined by him in consultation with the Secretary of Commerce equivalent to the taxes received, on or after January 1, 1965, under section 4041 (b) of the Internal Revenue Code of 1954 with respect to special motor fuels used as fuel for the propulsion of motorboats and under section 4081 of such Code with respect to gasoline used as fuel in motorboats."

(b) Section 209 (f) of such Act is further amended—

(1) by adding at the end of paragraph (3) the following new sentence:

LAND AND WATER CONSERVATION FUND ACT

"This paragraph shall not apply to amounts estimated by the Secretary of the Treasury as paid under section 6421 of such Code with respect to gasoline used after December 31, 1964, in motorboats."; and

(2) by inserting after "such Code" in paragraph (4) (C) the following: "(other than gasoline to be used in motorboats, as estimated by the Secretary of the Treasury)". (78 Stat. 904; 23 U.S.C. § 120, note)

EXPLANATORY NOTES

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LOWER TETON DIVISION, TETON BASIN PROJECT

An act to provide for the construction of the Lower Teton division of the Teton Basin Federal reclamation project, Idaho, and for other purposes. (Act of September 7, 1964, Public Law 88-583, 78 Stat. 925)

[Sec. 1. Lower Teton Division, Teton Basin Project, Idaho.]—In order to assist in the irrigation of arid and semiarid lands in the upper Snake River Valley, Idaho, to provide facilities for river power opportunities created thereby and, as incidents to the foregoing purposes, to enhance recreational opportunities and provide for the conservation and development of fish and wildlife, the Secretary of the Interior is authorized to construct, operate, and maintain the Lower Teton division of the Teton Basin Federal reclamation project. The principal engineering features of the said project shall be a dam and reservoir at the Fremont site, a pumping plant, powerplant, canals and water distribution facilities, ground water development, and related facilities in the upper Snake River Valley, Idaho. In the construction, operation, and maintenance of the said project and project works the Secretary shall be governed by the Federal reclamation laws (Act of June 17, 1902 (32 Stat. 388), and Acts amendatory thereof and supplementary thereto). The project shall be operated consistent with the existing agreements as to storage rights in the Federal reclamation reservoirs in the upper Snake River Basin. (78 Stat. 925; 43 U.S.C. § 616nn)

Sec. 2. [Repayment period extended-Return of irrigation costs from Idaho power project.]-The period provided in subsection (d) of section 9 of the Reclamation Project Act of 1939, as amended, for repayment of construction costs properly allocable to any block of lands and assigned to be repaid by the irrigators may be extended to fifty years, exclusive of a development period, from the time water is first delivered to that block, or as near that number of years as is consistent with the adoption and operation of a repayment formula as therein provided. Costs allocated to irrigation in excess of the amount determined by the Secretary to be within the ability of the irrigators to repay within a fifty-year period shall be returned to the reclamation fund from revenues derived by the Secretary from the disposition of power marketed through the Bonneville Power Administration and attributable to Federal projects in Idaho. (78 Stat. 925, 43 U.S.C. § 61600)

Sec. 3. [Recreation facilities-Fish and wildlife preservation costs.]-(a) The Secretary is authorized to construct, operate, and maintain or otherwise provide for basic public outdoor recreation facilities, to acquire or otherwise to include within the division area such adjacent lands or interests therein as are necessary for public recreation use, to allocate water and reservoir capacity to recreation, and to provide for the public use and enjoyment of division lands, facilities, and water areas in a manner coordinated with the other division functions. The Secretary is authorized to enter into agreements with Federal

LOWER TETON DIVISION, TETON BASIN PROJECT

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agencies or State or local public bodies for the operation, maintenance, or additional development of division lands or facilities, or to dispose of division lands or facilities to Federal agencies or State or local public bodies by lease, transfer, conveyance, or exchange upon such terms and conditions as will best promote the development and operation of such lands and facilities in the public interest for recreation purposes. The costs of the aforesaid undertakings, including costs of investigation, planning, Federal operation and maintenance, shall be nonreimbursable. Nothing herein shall limit the authority of the Secretary granted by existing provisions of law relating to recreation development of water resource projects or to disposition of public lands for recreation purposes.

(b) Costs of means and measures to prevent loss of and damage to fish and wildlife resources shall be considered as project costs and allocated as may be appropriate among other division functions. (78 Stat. 925; 43 U.S.C. § 616pp) Sec. 4. [Authority to amend water users' contracts-Conditions precedent to construction.]-(a) The Secretary is authorized to amend contracts heretofore made under the Acts of September 30, 1950 (64 Stat. 1083), and of August 31, 1954 (68 Stat. 1026), whereby the water users assumed an obligation for winter power replacement based on the winter water savings program at the Minidoka powerplant to relieve the contractors ratably by one-third of that obligation, and to make new contracts under these Acts on a like basis. To the extent such annual obligations are reduced, the cost thereof shall be included in the cost to be absorbed by the power operations of the Federal power system in Idaho.

(b) The actual construction of the facilities herein authorized shall not be undertaken until at least 80 per centum of the conservation capacity in Fremont Reservoir is under subscription, nor until negotiations have been undertaken in accordance with the provisions of (a) of this section.

(c) No construction shall be undertaken on facilities of the Lower Teton division which are required solely to provide a full water supply to lands in the Rexburg Bench area until the Secretary has submitted his report and finding of feasibility on this phase of the division to the President and to the Congress. (78 Stat. 926; 43 U.S.C. § 616qq)

EXPLANATORY NOTE

References in the Text. The Acts of September 30, 1950 (64 Stat. 1083), and of August 31, 1954 (68 Stat. 1026), referred

to in the text, appear herein in chronological order.

Sec. 5. [Appropriation.]—There is hereby authorized to be appropriated for the construction of the Lower Teton division of the Teton Basin Federal reclamation project, the sum of $52,000,000, 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 therein, and, in addition thereto, such sums as may be required to operate and maintain said division. (78 Stat. 926; 43 U.S.C. § 616rr)

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