H.R. 25 (90th): An Act to authorize the Secretary of the Interior in cooperation with the States to preserve, protect, ...
...develop, restore, and make accessible estuarine areas of the Nation which are valuable for sport and commercial fishing, wildlife conser
82 STAT.] PUBLIC LAW 90-454-AUG. 3, 1968 625 213), Construction of the initial stage (>f the Oahe unit shall not be ^0!^ "^^ 46o^i2 commenced as long as the State of South Dakota retains in its laws pro visions that prohibit the hunting of migratory waterfowl by nonresi- dents in the waterfowl enhancement areas included within the area served by the project herein authorized. SEC. 3. The Oahe unit shall be integrated physically and financially with the other Federal Avorks constructed or authorized to be con- structed under the comprehensive plan approved by section 9 of the Act of December 22,1944, as amended and supplemented. 58 Stat. 891. SEC. 4. F o r a period of ten years from the date of enactment of this Act, no water from the project authorized by this Act shall be delivered to any water user for the production on newly irrigated lands of any basic agricultural commodity, as defined in the Agricultural Act of 1949, or any amendment thereof, if the total supply of such commodity 63 Stat. 1051- 7 u s e 1421 for the marketing year in which the bulk of the crop would normally note be marked is in excess of the normal supply as defined in section 301 (b) (10) of the Agricultural Adjustment Act of 1938, as amended, 62 Stat. 1251. 7 u s e 1301. unless the Secretary of Agriculture calls for an increase in production of such commodity in the interest of national security. SEC. 5. The interest rate used for purposes of computing interest Interest rate, determination. during construction and interest on the unpaid balance of the capital costs allocated to interest-bearing features of the project shall be determined by the Secretary of the Treasury, as of the beginning of the fiscal year in which construction is initiated, on the basis of the computed average interest rate payable by the Treasury upon its out- standing marketable public obligations, which are neither due nor callable for redemption for fifteen years from daite of issue. SEC. 6. There is hereby authorized to be appropriated for construc- Appropriat ion. tion of the initial stage of the Oahe unit as authorized in this Act the sum of $191,670,000 (based upon January 1964 prices), plus or minus such amounts, if any, as may be justified by reason of ordinary fluctuations in construction costs as indicated by engineering costs indexes applicable to the types of construction involved herein. There are also authorized to be appropriated such additional sums as may be required for operation and maintenance of the unit. Approved August 3, 1968. Public Law 90-454 AN ACT August 3, 1968 To authorize the Secretary of the Interior, in cooperation with the States, [H. R. 25] to conduct an inventory and study of the Nation's estuaries and their natural resources, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That Congress finds Estuarine areas, and declares that many estuaries in the United States are rich in a resto°ra^t^o^n." ^" variety of natural, oonmiercial, and other resources, including environ-
626 PUBLIC LAW 90-454-AUG. 3, 1968 [82 STAT. mental natural beauty, and are of immediate and potential value to the present and future generations of Americans. I t is therefore the purpose of this Act to provide a means for considering the need to pro- tect, conserve, and restore these estuaries in a manner that adequately and reasonably maintains a balance between the national need for such protection in the interest of conserving the natural resources and na- tural beauty of the Nation and the need to develop these estuaries to further tlie growth and development of the Nation. In connection with the exercise of jurisdiction over the estuaries of the Nation and in consequence of the benefits resulting to the public, it is declared to be the policy of Cbngress to recognize, preserve, and protect the respon- sibilities of the States in protecting, conserving, and restoring the estuaries in the United States. study. SEC. 2. (a) The Secretary of the Interior, in consultation and in cooperation with the States, the Secretary of the Army, and other Federal agencies, shall conduct directly or by contract a stiidy and inventory of the Nation's estuaries, including without limitation coastal marshlands, bays, sounds, seaward areas, lagoons, and land and waters of the Great Lakes. For the purpose of this study, the Secretary shall consider, among other matters, (1) their wildlife and recreational potential, their ecology, their value to the marine, anad- romous, and shell fisheries and their esthetic value, (2) their impor- tance to navigation, their value for flood, hurricane, and erosion con- trol, their mineral value, and the value of submerged lands underlying the waters of the estuaries, and (8) the value of such areas for more intensive development for economic use as part of urban developments and for commercial and industrial developments. This study and inventory shall be carried out in conjunction with the comprehensive estuarine pollution study authorized by section 5(g) of the Federal 70 Stat. 499; Water Pollution Control Act, as amended, and other applicable studies. 79 Stat. 9 0 3 ; 80 Stat. 1247. (b) The study shall focus attention on whether any land or water 33 u s e 466c. area within an estuarv and the Great Lakes should be acquired or administered by the Secretary or by a State or local subdivision thereof, or w^hether such land or water area may be protected ade- quately through local. State, or Federal laws or other methods without Federal land acquisition or administration. Report to Con- (c) The Secretary of the Interior shall, not later than January 30, g r e s s and recom- mendations. 1970, submit to the Congress through the President a report of the study conducted pursuant to this section, together with any legislative recommendations, including recommendations on the feasibility and desirability of establishing a nationwide system of estuarine areas, the terms, conditions, and authorities to govern such system, and the designation and acquisition of any specific estuarine areas of national significance which he believes should be acquired by the United States. No lands within such area may be acquired until authorized by sub- sequent Act of Congress. Recommendations made by the Secretary for the acquisition of any estuarine area shall be developed in con- sultation with the States, municipalities, and otiier interested Federal
82 STAT. ] PUBLIC LAW 90-454-AUG. 3, 1968 627 agencies. Each such recommendation shall be accompanied by (1) expressions of any views which the interested States, municipalities, and other Federal agencies and river basin commissions may submit within sixty days after having been notified of the proposed recom- mendations, (2) a statement setting forth the probable effect of the recommended action on any comprehensive river basin plan that may have been ado])ted by Congress or that is serving as a guide for coordinating Federal programs in the basin wherein such area is located, (3) in the absence of such a plan, a statement indicating the probable effect of the recommended action on alternative beneficial users of the resources of the proposed estuarine area, and (4) a dis- cussion of the major economic, social, and ecological trends occurring in such area. (d) There is authorized to be appropriated not to exceed $250,000 Appropriation. for fiscal year 1969 and $250,000 for fiscal year 1970 to carry out the provisions of this section. Such sums shall be available until expended. SEC. 3. After the completion of the general study authorized by sec- gt^teT and"-ubdf ^ tion 2 of this Act, the Secretary of the Interior, with the approval of visions." the President, may enter into an agreement, containing such terms and conditions as are mutually acceptable, with any State or with a political subdivisi(m or agency thereof (if the agreement with such subdivision or agency is first approved by the Governor of the State involved or by a State agency designated for that purpose) for the permanent man- agement, development, and administration of any area, land, or inter- ests therein within an estuary and adjacent lands which are owned or thereafter acquired by a State or by any political subdivision thereof: Provided^ That, with the approval of the Governor of the State involved or of a State agency designated for that purpose, the Secre- tary may also enter into such an agreement for any particular area whenever the segment of the general study applicable to tliat area is completed subject to the provisions of subsections (a) and (b) of sec- tion 2 of this Act. Such agreement shall, among other things, provide that the State or a political subdivision or agency thereof and the Secretary shall share in an equitable manner in the cost of managing, administering, and developing such areas, and such development may include the construction, operation, installation, and maintenance of buildings, devices, structures, recreational facilities, access roads, and other improvements, and such agreement shall be subject to the availa- bility of appropriations. State hunting and fishing laws and regula- tions shall be applicable to such areas to the extent they are now or hereafter applicable. SEC. 4. I n planning for the use or development of water and land . commercial and resources, all Federal agencies shall give consideration to estuaries and v"iopment con- their natural resources, and their importance for commercial and siderations. industrial developments, and all project plans and reports affecting Reports to con- such estuaries and resources submitted to the Congress shall contain a ^^^^^' discussion by the Secretary of the Interior of such estuaries and such resources and the effects of the project on them and his recommenda- tions thereon. The Secretary of the Interior shall make his recom- . Recommenda- mendations within ninety days after receipt of such plans and re])orts. SEC. 5. The Secretary of the Interior shall encourage States and local subdivisions thereof to consider, in their comprehensive planning and proposals for financial assistance under the Federal Aid in Wildlife Eestoration Act (50 Stat. 917), as amended (16 IT.S.C. 669 et seq.), the Federal Aid in Fish Restoration Act (64 Stat. 430), as amended (16 U.S.C. 777 et seq.), the Land and Water Conservation Fund xVct of 1965 (78 Stat. 897), the Commercial Fisheries Research and Devel- i6 use 46C)U opment Act of 1964 (78 Stat. 197), and the Anadromous and Great ""Jeusc 77« note.
628 PUBLIC LAW 90-455-AUG. 3, 1968 [82 STAT. 16 u s e 757 a- 757f. Lakes Fisheries Conservation Act of October 30,1965 (79 Stat. 1125), the needs and opportunities for protecting and restoring estuaries in accordance with the purposes of this Act. I n approving grants made pursuant to said laws for the acquisition of all or part of an esituarine area by a State, the Secretary shall establish such terms and conditions as he deems desirable to insure the permanent protection of such areas, including a provision that the lands or interests therein shall not be disposed of by sale, lease, donation, or exchange without the prior approval of the Secretary. SEC. 6. Nothing in this Act shall be construed to affect the authority of any Federal agency to carry out any Federal project heretofore or hereafter authorized within an estuary. Approved August 3, 1968. Public Law 90-455 August 3 , 1 9 6 8 AN ACT [S.1532] _To require that contracts for construction, alteration, or repair of any public building or public work of the District of Columbia be accompanied by a per- formance bond protecting the District of Columbia and by an additional bond for the protection of persons furnishing material and labor, and for other purposes. Be it enacted hy the Senate and. House of Representatives of the D.C. public United States of America in CongresH assemibled^ That (a) before any works. Bonds. contract, exceeding $2,000 in amount, for the construction, alteration, or repair of any public building or public work of the District of Columbia is awarded to any person, such person shall furnish to the District of Columbia the following bonds, which shall become binding upon the award of the contract to such person, who is hereinafter designated as "contractor": Performance bond. (1) A performance bond with a surety or sureties satisfactory to the Commissioners of the District of Columbia, and in such amount as they shall deem adequate, for the protection of the District of Columbia. Payment bond. (2) A payment bond with a surety or sureties satisfactory to the Commissioners for the protection of all persons supplying labor and material in the prosecution of the work provided for in said contract for the use of each such person. Whenever the total amount payable by the terms of the contract shall be not more than $1,000,000 the pay- ment bond shall be in a sum equal to one-half the total amount payable by the terms of the contract. Whenever the total amount payable by the terms of the contract shall be more thtin $1,000,000 and not more than $5,000,000, the said payment bond shall be in a sum equal to 40 per centum of the total amount payable by the terms of the contract. Whenever the total amount payable by the terms of the contract shall be more than $5,000,000 the payment bond shall be in the sum of $2,500,000. (b) Nothing in this section shall be construed to limit the authority of the Commissioners to require a performance bond or other security in addition to those, or in cases other than the cases specified in subsec- tion (a) of this section. SEC. 2. (a) Every person who has furnished labor or material in the prosecution of the w^ork provided for in such contract, in respect of which a payment bond is furnished under this Act and who has not been paid in full therefor before the expiration of a period of ninety days after the day on which the last of the labor was done or per- formed by him or material was furnished or supplied by him for which such claim is made, shall have the right to sue on such payment