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S. 2394 (88th): An Act to facilitate compliance with the convention between the United States of America and the United Mexican States, signed August 29, 1963, and for other purposes

The text of the bill below is as of Apr 29, 1964 (Passed Congress).

184                                        PUBLIC LAW 88-300-APR. 29, 1964                  [78 STAT.

                           Public Law 88-300
   April 29, 1964                                             AN ACT
     [S. 2394]             To facilitate coinpliance witli the convention between the United States of
                             America and the United Mexican States, signed August 29, 1963, and for
                             other purposes.

                              Be it enacted hy the Senate and House of Representatives of the
   American-Mexi-          United States of America in Congress assembled., That this Act may be
c a n Chamizal Con-
vention Act of             cited as the "American-Mexican Chamizal Convention Act of 1964."
1964.                         I n connection with the convention between the LTnited States of
                           America and the United Mexican States for the solution of the prob-
                           lem of the Chamizal, signed August 29, 1963, the Secretary of State,
                           acting through the United States Commissioner, International
                           Boundary and Water Commission, United States and Mexico, is
  Investigations.                   a. to conduct technical and other investigations relating t o :
                                 the demarcation or monumentation of the boundary between the
                                 United States and Mexico; flood control; water resources; sanita-
                                 tion and prevention of pollution; channel relocation, improve-
                                 ment, and stabilization; and other matters related to the new river
  Acquisition of                    b. to acquire by donation, purchase, or condemnation, all lands
                                          (1) for transfer to Mexico as provided in said convention;
                                          (2) for construction of that portion of the new river chan-
                                       nel and the adjoining levee in the territory of the United
                                          (3) for relocation of highways, roadways, railroads, tele-
                                       graph, telephone, electric transmission lines, bridges, related
                                       facilities, and any publicly owned structure or facility, the
                                       relocation of which, in the judgment of the said Commis-
                                       sioner, is necessitated by the project.
  R e l o c a t i o n of            c. F o r the purpose of effecting said relocations—
                                          (1) to perform any or all work involved in said relocations;
                                          (2) to enter into contracts with the owners of properties
                                       to be relocated whereby they undertake to acquire any or all
                                       properties needed for said relocations, or undertake to per-
                                       form any or all work involved in said relocations;
                                           (3) to convey or exchange properties acquired or improved
                                       by the United States under this Act or under said convention,
                                       with or without improvements, or to grant term or perpetual
                                       easements therein or thereover.
   Maintenance.               SEC. 2. The United States Commissioner is authorized to construct,
                           ojDerate, and maintain all works provided for in said convention and
                           this Act, and to turn over the operation and maintenance of any such
                           works to any Federal agency, or any State, county, municipality, dis-
                           trict, or other political subdivision within which such project or works
                           may be in whole or in part situated, upon such terms, conditions, and
                           requirements as the Commissioner may deem appropriate.
   Regulations.                SEC. 3. The United States Commissioner, under regulations
                           approved by the Secretary of State, and upon application of the
                           owners and tenants of lands to be acquired by the United States to
                            fulfill and accomplish the purposes of said convention, and to the
                           extent administratively determined by the Commissioner to be fair
                            and reasonable, is authorized to—
  Reimbursement                     a. Reimburse the owners and tenants for expenses and other
of owners and
tenants.                          losses and damages incurred by them in the process and as a direct
  Limitation.                     result of such moving of themselves, their families, and their pos-
                                  sessions as is occasioned by said acquisition: Provided^ That the
                                  total of such reimbursement to the owners and tenants of any par-

v/ 78 STAT.] PUBLIC LAW 88-300-APR. 29, 1964 185 eel of land shall in no event exceed 25 per centum of its fair value, as determined by the Commissioner. Xo payment under this sub- section shall be made unless application therefor is supported by an itemized and certified statement of the expenses, losses, and damages incurred. b. Compensate the said owners and tenants for identifiable, rea- Board of exam- sonable, and satisfactorily proved costs and losses to owners and tenants over and above those reimbursed under the foregoing sub- section in the categories hereinafter provided, and for which pur- pose there shall be established by the Commissioner a board of examiners, consisting of such personnel employed and compensa- tion fixed as he deems advisable, without regard to the provisions of the civil service laws and the Classification Act of 1949, as Claims. 63 Stat. 954. amended. Said board may hold hearings and shall examine sub- 5 u s e 1071 mitted evidence and make determinations, subject to the Com- note. missioner's approval, regarding all claims in sjiid categories as follows: (1) For properties— Abodes. (a) F o r nonconforming abodes and minimum forms of shelter for which there are no comparable properties on the market in the city of El Paso and concerning which fair mar- ket value would be inadequate to find minimum housing of equal utility, compensation to the owner up to an amount which when added to the market value allowed for his prop- erty, including land values, would enable purchase of min- imum habitable housing of similar utility in another residen- tial section of said city. (b) For commercial properties for which there are no com- Commercial properties. parable properties on the market in or near El Paso, Texas, compensation to the owner up to an amount which, when added to the total fair market value, including the land value, would compensate the owner for the "value in use'' of the real estate to him. Such "value in use" is to be determined on the basis of replacement cost less deterioration and obsoles- cence in existing real estate and taking into consideration factors bearing upon income attributable to the real estate. (2) For loss in business: Business losses. (a) Loss of profits directly resulting from relocation, lim- ited to the period between termination of business in the old location and commencement of business in the new, such period not to exceed thirty days. (b^ Loss to owner resulting from inability to rent to others housing or commercial space that can be reasonably related to uncertainties arising out of the pending acquisition of the owner's property by the United States, such losses limited to those incurred after July 18, 1963, and prior to the making by the United States of a firm offer to purchase. (3) For penalty costs to property oMiiei-s for prepayment of Penalty costs. mortgages incident to acquisition of the properties by the United States. SEC. 4. Application for reimbursement or compensation under sec- Compensation. Time limitation. tion 3 of this Act shall be submitted to the Commissioner within either one year from the date of acquisition or the date of vacating the premises by the applicant, whichever date is later. Applications not submitted within said period shall be forever barred. SEC. 5. The Commissioner, in rendering an award in favor of any Attorneys' fees. Limitation. claimant under section 3 of this Act, may, as part of such award, determine and allow reasonable attorneys' fees which shall not exceed 10 per centum of the amount awarded, to be paid out of but not in
186 PUBLIC LAW 88-301-APR. 30, 1964 [78 STAT. addition to the amount of award, to the attorneys representing the Penalty. claimant. Any attorney who charges, demands, receives, or collects for services rendered in connection with such claim any amount in excess of that allowed by the terms of this section, if award be made, shall be fined not more than $2,000 or imprisoned not more than one year, or both. Duplicate pay- SEC. 6. Payments to be made as herein provided shall be in addition ments. Prohibition. to, but not in duplication of, any payments that may otherwise be authorized by law. The means employed to acquire the property, whether by condemnation or otherwise, shall not aifect eligibility for reimbursement or compensation under this Act. Nothing contained in this Act shall be construed as creating any legal right or cause of action against the LTnited States or as precluding the exercise by the Government of the right of eminent domain or any other right or ])ower that it may have under this or any other law; nor shall this Act be construed as precluding an owner or tenant from asserting any rights he may have under other laws or the Constitution of the United States. Exclusions from SEC. 7. No amount received as an award under subsection a. and sub- gross income. sections b. (1) and (3) of section 3 of this Act shall be included in gross income for purposes of chapter 1 of the Internal Revenue Code of 1954 (26 U.S.C. 1 et seq.). However, amounts received under sub- section b. (1) shall be included in gross income to the extent that such amounts are not used within one year of the receipt thereof to pur- chase replacement housing or facilities. Definitions. SEC. 8. As used in this Act, the term "land"' shall include interests in land, and the term "fair value" shall mean fair value of the interest Exemption. acquired. The provisions of this Act shall be exempt from the opera- tions of the Administrative Procedure Act of J u n e 11, 1946 (60 Stat. 237), as amended (5 U.S.C. 1001-1011). Appropri at ion. SEC. 9. There are authorized to be appropriated to the Department of State for the use of the United States section of said Commission not to exceed $44,900,000 to carry out the provisions of said convention and this Act and for transfer to other Federal agencies to accomplish by them or other proper agency relocation of their facilities necessi- tated by the project. Of the appropriations authorized by this section, not to exceed $4,200,000 may be used to carry out the provisions of section 3 of this Act. The provisions of section 103 of the American- 64 Stat. 847. Mexican Treaty Act of 1950 (22 U.S.C. 277d-3) are hereby expressly extended to apply to the carrying out of the provisions of said conven- tion and this Act. Approved April 29, 1964. Public Law 88-301 April 30, 1964 AN A C T [S. 1565] T o a m e n d t h e Act of J u n e 25, 1910 (36 S t a t . So? : 2o U.S.C. 406, 407), w i t h resiject to t h e sale of I n d i a n timber. Be it enacted hy the Senate and House of RepreHentatlves of the Indians, sale of United States of America in Congress assernhled^ That sections 7 and 8 timber. of the Act of J u n e 25, 1910 (36 Stat. 857: 25 U.S.C. 406, 407), are amended to read as follows: Unallotted "SEC. 7. The timber on unallotted lands of any Indian reservation lands. may be sold in accordance with the principles of sustained yield, or in order to convert the land to a more desirable use, under regulations to be prescribed by the Secretary of the Interior, and the proceeds