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 PUBLIC LAW 95-306—JUNE 30, 1978

92 STAT. 351

of renewable resources, and other agencies or organizations the State director and administrative heads of extension deem appropriate. (c) Each State renewable resources extension program shall be administered and coordinated by the State director, except that, in States having colleges eligible to receive funds under the Act of August 30, 1890 (26 Stat. 417-419, as amended; 7 U.S.C. 321-326, 328), including Tuskegee Institute, the State renewable resources extension program shall be administered by the State director and the administrative head or heads of extension for the college or colleges eligible to receive such funds. ' (d) In meeting the provisions of this section, each State director and administrative heads of extension for eligible colleges and universities shall appoint and use one or more advisory committees comprised of forest and range landowners, professionally trained individuals in fish and wildlife, forest, range, and watershed management, and related fields, as appropriate, and other suitable persons. (e) For the purposes of this Act, the term "State" means any one "State." of the fifty States, the Commonwealth of Puerto Rico, Guam, the District of Columbia, and the Virgin Islands of the United States. NATIONAL RENEWABLE RESOURCES EXTENSION

PROORAM

SEC. 5. (a) The Secretary shall prepare a five-year plan for implementing this Act, which is to be called the "Renewable Resources Extension Program" and shall submit such plan to Congress no later than the last day of the first half of the fiscal year ending September 30, 1980, and the last day of the first half of each fifth fiscal year thereafter. The Renewable Resources Extension Program shall provide national emphasis and direction as well as guidance to State directors and administrative heads of extension for eligible colleges and universities in the development of their respective State renewable resources extension programs, which are to be appropriate in terms of the conditions, needs, and opportunities in each State. The Renewable Resources Extension Program shall contain, but not be limited to, brief outlines of general extension programs for fish and wildlife management (for both game and nongame species), range management, timber management (including brief outlines of general extension programs for timber utilization, timber harvesting, timber marketing, wood utilization, and wood products marketing), and watershed management (giving special attention to water quality protection), as well as brief outlines of general extension programs for recognition and enhancement of forest- and range-based outdoor recreation opportunities, for planting and management of trees and forests in urban areas, and for planting and management of trees and shrubs in shelterbelts. (b) In preparing the Renewable Resources Extension Program, the Secretary shall take into account the respective capabilities of private forests and rangelands for yielding renewable resources and the relative needs for such resources identified in the periodic Renewable Resource Assessment provided for in section 3 of the Forest and Rangeland Renewable Resources Planning Act of 1974 and the periodic appraisal of land and water resources provided for in section 5 of the Soil and Water Resources Conservation Act of 1977. (c) To provide information that will aid Congress in its oversight responsibilities and to provide accountability in implementing Uiis Act, the Secretary shall prepare an annual report, which shall be

Plan, submittal to Congress. 16 USC 1674.

16 USC 1601. 16 USC 2004. Report to Congress.

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 92 STAT. 352

PUBLIC LAW 95-306—JUNE 30, 1978 furnished to Congress at the time of submission of each annual fiscal budget, beginning with the annual fiscal budget for the fiscal year ending September 30, 1981. The annual report shall set forth accomplishments of the Eenewable Resources Extension Program, its strengths and weaknesses, recommendations for improvement, and costs of program administration, each with respect to the preceding fiscal year. APPROPRIATIONS AUTHORIZATION

16 USC 1675.

16 USC 1601. 16 USC 2004.

SEC. 6. There are hereby authorized to be appropriated to implement this Act $15,000,000 for the fiscal year ending September 30, 1979, and $15,000,000 for each of the next nine fiscal years. Generally, States shall be eligible for funds appropriated under this Act according to the respective capabilities of their private forests and rangelands for yielding renewable resources and relative needs for such resources identified in the periodic Renewable Resource Assessment provided for in section 3 of the Forest and Rangeland Renewable Resources Planning Act of 1974 and the periodic appraisal of land and water resources provided for in section 5 of the Soil and Water Resources Conservation Act of 1977. REGULATIONS AND COORDINATION

16 USC 1676. 7 USC 3101

SEC. 7. The Secretary is authorized to issue such rules and regulations as the Secretary deems necessary to implement the provisions of this Act and to coordinate this Act with title X IV of the Food and Agriculture Act of 1977.

BMrte. EFFECTIVE DATES

16 USC 1671

SEC. 8. The provisions of this Act shall be effective for the period beginning October 1, 1978, and ending September 30, 1988.

note.

Approved June 30, 1978.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-1184 (Comm. on Agriculture). SENATE REPORT No. 95-881 accompanying S. 3035 (Comm. on Agriculture, Nutrition, and Forestry). CONGRESSIONAL RECORD, VoL 124 (1978): / ^^u /;, ' >..• < > May 22, considered and passed House. June 7, considered and passed Senate, amended,' in lieu of S. 3035. June 16, House concurred in Senate amendment. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 14, No. 27: July 1, Presidential statement.

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license: Creative Commons - Attribution Share-Alike - https://creativecommons.org/licenses/by-sa/4.0/


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Page:United States Statutes at Large Volume 92 Part 1.djvu/407

 PUBLIC LAW 95-307—JUNE 30, 1978

92 STAT. 353

Public Law 95-307 95th Congress An Act To direct the Secretary of Agriculture to carry out forest and rangeland renewable resources research, and for other purposes.

June 30, 1978 [H.R. 11778]

Be it eTiocted by the Senate and House of Repesentatives of the United States of America in Congress assembled, That this Act may Forest and be cited as the "Forest and Eangeland Renewable Resources Research Rangeland Renewable Act of 1978". Resources PURPOSE Research Act of 1978. SEC. 2. (a) Congress finds that scientific discoveries and technologi- 16 USC 1600 cal advances must be made and applied to support the protection, man- note. agement, and utilization of the Nation's renewable resources. It is 16 USC 1641. the purpose of this Act to authorize the Secretary of Agriculture (hereinafter in this Act referred to as the "Secretary") to implement a comprehensive program of forest and rangeland renewable resources research and dissemination of the findings of such research. (b) This Act shall be deemed to complement the policies and direction set forth in the Forest and Rangeland Renewable Resources Planning Act of 1974. 16 USC 1600 note. RESEARCH

AUTHORIZATION

SEC. 3. (a) The Secretary is authorized to conduct, support, and 16 USC 1642. cooperate in investigations, experiments, tests, and other activities the Secretary deems necessary to obtain, analyze, develop, demonstrate, and disseminate scientific information about protecting, managing, and utilizing forest and rangeland renewable resources m rural, suburban, and urban areas. The activities conducted, supported, or cooperated in by the Secretary under this Act shall include, but not be limited to, the five major areas of renewable resource research identified in paragraphs (1) through (5) of this subsection. (1) Renewable resource management research shall include, as appropriate, research activities related to managing, reproducing, . planting, and growing vegetation on forests and rangelands for 'U timber, forage, water, fish and wildlife, esthetics, recreation, wilderness, and other purposes; determining the role of forest and rangeland management in the productive use of forests and rangelands, in diversified agriculture, and in mining, transportation, and other industries; and developing alternatives for the management of forests and rangelands that will make possible the most .1- effective use of their multiple products and services. (2) Renewable resource environmental research shall include, as appropriate, research activities related to understanding and managing surface and subsurface water flow, preventing and controlling erosion, and restoring damaged or disturbed soils on forest and rangeland watersheds; maintaining and improving wildlife and fish habitats; mana^ng vegetation to reduce air and water pollution, provide amenities, and for other purposes; and understanding, predicting, and modifying weather, climatic, and other environmental conditions that affect the protection and management of forests and rangelands.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/408

 92 STAT. 354

16 USC 1601.

PUBLIC LAW 95-307—JUNE 30, 1978 (3) Renewable resource protection research shall include, as appropriate, research activities related to protecting vegetation and other forest and rangeland resources, including threatened and endangered flora and fauna, as well as wood and wood products in storage or use, from fires, insects, diseases, noxious plants, animals, air pollutants, and other agents through biological, chemical, and mechanical control methods and systems; and protecting people, natural resources, and property from fires in rural areas. (4) Renewable resource utilization research shall include, as appropriate, research activities related to harvesting, transporting, processing, marketing, distributing, and utilizing wood and other materials derived from forest and rangeland renewable resources; recycling and fully utilizing wood fiber; and testing forest products, including necessary field work associated therewith. (5) Renewable resource assessment research shall include, as appropriate, research activities related to developing and applying scientific knowledge and technology in support of the survey and ' analysis of forest and rangeland renewable resources described in subsection (b) of this section, (b) To ensure the availability of adequate data and scientific information for development of the periodic Renewable Resource Assessment provided for in section 3 of the Forest and Rangeland Renewable Resources Planning Act of 1974, the Secretary of Agriculture shall make and keep current a comprehensive survey and analysis of the present and prospective conditions of and requirements for renewable resources of the forests and rangelands of the United States and of the supplies of such renewable resources, including a determination of the present and potential productivity of the land, and of such other facts as may be necessary and useful in the determination of ways and means needed to balance the demand for and supply of these renewable resources, benefits, and uses in meeting the needs of the people of the United States. The Secretary shall conduct the survey and analysis under such plans as the Secretary may determine to be fair and equitable, and cooperate with appropriate officials of each State and, either through them or directly, with private or other entities. RESEARCH FACILITIES AST)

16 USC 1643. Land acquisition.

Funds, availability.

COOPERATION"

SKC. 4. (a) In implementing this Act, the Secretary is authorized to establish and maintain a system of experiment stations, research laboratories, experimental areas, and other forest and rangeland research facilities. The Secretary is authorized, with donated or appropriated funds, to acquire by lease, donation, purchase, exchange, or otherwise, land or interests in land within the United States needed to implement this Act, to make necessary expenditures to examine, appraise, and survey such property, and to do all things incident to perfecting title thereto in the United States. (b) In implementing this Act, the Secretary is authorized to accept, hold, and administer gifts, donations, and bequests of money, real property, or personal property from any source not otherwise prohibited by law and to use such gifts, donations, and bequests to (1) establish or operate any forest and rangeland research facility within the United States, or (2) perform any forest and rangeland renewable resource research activity authorized by this Act. Such gifts, donations, and bequests, or the proceeds thereof, and money appro-

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Page:United States Statutes at Large Volume 92 Part 1.djvu/409

 PUBLIC LAW 95-307—JUNE 30, 1978

92 STAT. 355

priated for these purposes shall be deposited in the Treasury in a special fund. At the request of the Secretary, the Secretary of the Treasury may invest or reinvest any money in the fund that in the opinion of the Secretary is not needed for current operations. Such investments shall be in public debt securities with maturities suitable for the needs of the fund and bearing interest at prevailing market rates. There are hereby authorized to be expended from such fund such amounts as may be specified in annual appropriation Acts, which shall remain available until expended. (c) In implementing this Act, the Secretary may cooperate with Federal, State, and other governmental agencies, with public or private agencies, institutions, universities, and organizations, and with businesses and individuals in the United States and in other countries. The Secretary may receive money and other contributions from cooperators under such conditions as the Secretary may prescribe. Any money contributions received under this subsection shall be credited to the applicable appropriation or fund to be used for the same purposes and shall remain available until expended as the Secretary may direct for use in conducting research activities authorized by this Act and in making refunds to contributors. (d) The paragraph headed ''Forest research:" under the center heading "FOREST SERVICE" and the center subheading "SALARIES AND EXPENSES" of title I of the Department of Agriculture Appropriation Act, 1952 (65 Stat. 233; 16 U.S.C. 581a-l), is amended by inserting a period immediately after the figure "$5,108,603" and by striking all that follows in that paragraph. i

C O M P E T I T IV E R E S E A R C H GRANTS

SEC. 5. In addition to any grants made under other laws, the Secre- 16 USC 1644. tary is authorized to make competitive grants that will further research activities authorized by this Act to Federal, State, and other governmental agencies, public or private agencies, institutions, universities, and organizations, and businesses and individuals in the United States. In making these grants, the Secretary shall emphasize basic and applied research activities that are important to achieving the purposes of this Act, and shall obtain, through review by qualified scientists and other methods, participation in research activities by scientists throughout the United States who have expertise in matters related to forest and rangeland renewable resources. Grants under this section shall be made at the discretion of the Secretary under whatever conditions the Secretary may prescribe, after publicly soliciting research proposals, allowing sufficient time for submission of the proposals, and '-, • < considering qualitative, quantitative, financial, administrative, and other factors that the Secretary deems important in judging, comparing, and accepting the proposals. The Secretary may reject any or all proposals received under this section if the Secretary determines that it is in the public interest to do so. GENERAL RESEARCH PROVISIONS

SEC. 6. (a) The Secretary may make funds available to cooperators 16 USC 1645. and grantees under this Act without regard to the provisions of section 3648 of the Revised Statutes (31 U.S.C. 529), which prohibits advances of public money.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/410

 92 STAT. 356

.

,.,

Definitions.

PUBLIC LAW 95-307—JUNE 30, 1978 (b) To avoid duplication, the Secretary shall coordinate cooperative aid and grants under this Act with cooperative aid and grants the Secretary makes under any other authority. (c) The Secretary shall use the authorities and means available to the Secretary to disseminate the knowledge and technology developed from research activities conducted under or supported by this Act. In meeting this responsibility, the Secretary shall cooperate, as the Secretary deems appropriate, with the entities identified in subsection (d)(3) of this section and with others. (d) In implementing this Act, the Secretary, as the Secretary deems appropriate and practical, shall— (1) use, and encourage cooperators and grantees to use, the best available scientific skills from a variety of disciplines within and outside the fields of agriculture and forestry; (2) seek, and encourage cooperators and grantees to seek, a proper mixture of short-term and long-term research and a proper mixture of basic and applied research; (3) avoid unnecessary duplication and coordinate activities under this section among agencies of the Department of Agriculture and with other affected Federal departments and agencies, State agricultural experiment stations. State extension services, State foresters or equivalent State officials, forestry schools, and private research organizations; and (4) encourage the development, employment, retention, and exchange of qualified scientists and other specialists through postgraduate, postdoctoral, and other training, national and international exchange of scientists, and other incentives and programs to improve the quality of forest and rangeland renewable resources research. (e) This Act shall be construed as supplementing all other laws relating to the Department of Agriculture and shall not be construed as limiting or repealing any existing law or authority of the Secretary except as specifically cited in this Act. (f) For the purposes of this Act, the terms "United States" and "State" shall include each of the several States, the District of Columbia, the Commonwealth of Puerto Eico, the Virgin Islands of the United States, the Commonwealth of the Northern Mariana Islands, the Trust Territory of the Pacific Islands, and the territories and possessions of the United States. RESEARCH APPROPRIATIONS

16 USC 1646.

AUTHORIZATION

SEC. 7. There are hereby authorized to be appropriated annually such sums as may be needed to implement this Act. Funds appropriated under this Act shall remain available until expended. REPEAL OF MC SWEENEY-MC NARY ACT,' REGULATIONS AND COORDINATION; APPROPRIATIONS

16 USC 1647. -..; I-j f

SEC. 8. (a) The Act of May 22, 1928, known as the McSweeneyMcNary Act (45 Stat. 699-702, as amended; 16 U.S.C. 581, 581a, 581b-581i), is hereby repealed. (b) Contracts and cooperative and other agreements under the McSweeney-McNary Act shall remain in effect until revoked or amended by their own terms or under other provisions of law.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/411

 92 STAT. 357

PUBLIC LAW 95-307—JUNE 30, 1978 (c) The Secretary is authorized to issue such rules and regulations as the Secretary deems necessary to implement the provisions of this Act and to coordinate this Act with title X IV of the Food and Agriculture Act of 1977. (d) Funds appropriated under the authority of the McSweeneyMcNary Act shall be available for expenditure for the programs authorized under this Act. '••--'

'•'•'. w >. »: • '. VI • » }. - . ••v.-.;- /

EFFECTIVE

DATE

Rules and regulations. 7 USC 3101 note. 16 USC 581, 581a, 581b-581i.

!,''.-

SEC. 9. The provisions of this Act shall become effective October 1, 1978. Approved June 30, 1978.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-1179 (Comm. on Agriculture). SENATE REPORT No. 95-880 accompanying S. 3034 (Comm. on Agriculture, Nutrition, and Forestry). CONGRESSIONAL RECORD, Vol. 124 (1978): May 22, considered and passed House. June 7, considered and passed Senate, amended, in lieu of S. 3034. June 16, House concurred in Senate amendmentb. WEEKLY COMPILATION OF PRESIDENTIAL DOeUMENTS, Vol. 14, No. 27: July 1, Presidential statement.

16 USC 1641 note.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/412

 92 STAT. 358

PUBLIC LAW 95-308—JUNE 30, 1978

Public Law 95- •308 95th Congress An Act June 30, 1978 [H.R. 11465]

U.S. Coast Guard. Appropriation authorization.

To authorize appropriations for the United States Coast Guard for fiscal year 1979, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That funds are hereby authorized to be appropriated for necessary expenses of the United States Coast Guard for fiscal year 1979, as follows: (1) For the operation and maintenance of the Coast Guard, including expenses related to the Capehart housing debt reduction: $969,906,000; (2) For the acquisition, construction, rebuilding, and improvement of aids to navigation, shore facilities, vessels, and aircraft, including equipment related thereto: $379,954,000 to remain available until expended; (3) For the alteration or removal of bridges over navigable waters of the United States, constituting obstructions to navigation: $34,603,000, to remain available until expended; and (4) For research, development, test, and evaluation: $25,000,000, to remain available until expended. SEC. 2. For fiscal year 1979, the Coast Guard is authorized an end of year strength for active duty peisonnel of 39,331: Provided, That the ceiling shall not include members of the Ready Reserve called to active duty under the authority of section 764 of title 14, United States Code. SEC. 3. For fiscal year 1979, average military training students loads for the Coast Guard are authorized as follows: (1) recruit and special training: 3,962 students; (2) flight training: 95 students; (3) professional training in military and civilian institutions: 436 students; and (4) officer acquisitions: 952 students. SEC. 4. Section 30 of the Federal Boat Safety Act of 1971 (46 U.S.C. 1479) is amended by striking out "and 1978," and inserting in lieu thereof ", 1978, 1979, and 1980,". SEC. 5. The Coast Guard is authorized to enter into a long-term lease in excess of one fiscal year for the purpose of acquiring a site on the Quillayute Indian Reservation in the State of Washington so that the Quillayute River Coast Guard Station may be relocated: Provided, That any such agreement entered into pursuant to this section shall be effective only to such extent or in such amounts as are provided in advance in appropriation Acts. The Coast Guard is also authorized to expend, commencing with fiscal year 1979, appropriated funds for the construction of fixed facilities and improvements on such land leased from the Quillayute Indians. SEC. 6. Subsection (b) of the first section of the Act of August 27, 1935 (relating to load lines for certain vessels) (46 U.S.C. 88(b)), is amended by (1) striking out "All" and inserting in lieu thereof "The requirernents of this Act shall not apply to (1) all"; (2) striking out "except those constructed after the effective date of this subsection or those converted to either of such services after 5 years from the effective date of this subsection and" and inserting in lieu thereof

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Page:United States Statutes at Large Volume 92 Part 1.djvu/413

 PUBLIC LAW 95-308—JUNE 30, 1978 "which were construrted, or with respect to which construction was begun or contracted for, before January 1, 1980, or which were converted to such use, or with respect to which conversion to such use was begun or contracted for, before January 1, 1980, so long as such conversion was completed before January 1, 1983 (in the case of conversions); or (2) "; and (3) striking out ", are exempt from the requirements of this Act''. SEC. 7. Section 10 of the Act of May 28, 1908 (relating to seagoing barges) (46 U.S.C. 395), is amended by (1) redesignating subsection (c) as subsection (d); and (2) inserting immediately after subsection (b) the following: "(c) During the period beginning January 1, 1977, and ending January 1, 1982, the provisions of subsection (b) shall not apply to vessels of not more than 5,000 gross tons used in the processing or assembling of fishery products in the fisheries of the States of Oregon, Washington, and Alaska.". SEC. 8. (a) The Congress finds and declares the following: (1) The transportation, production and handling of oil in, on, or near the navigable and ocean waters of the Columbia River Basin system creates substantial environmental risks, and may cause serious damage to the general health, welfare, and economy of this region. (2) The vitality of the Columbia River estuary and marine environment is crucial to the maintenance and enhancement of major fishery resources for the enjoyment and livelihood of present and future generations. (3) The protection and betterment of this marine, estuarine and fresh water river system requires a thorough, detailed assessment of the current plans and capabilities to best prevent, contain, clean-up and mitigate the damages resulting from possible oil spills and discharges in the system. (b) Within 180 days after the date of enactment of this section, the Commandant of the Coast Guard, in consultation with the appropriate Federal, State, and local agencies, shall conduct a systematic, detailed evaluation on the— (1) current procedures, safeguards, and capabilities to best prevent, contain, clean-up, and mitigate damages resulting from oil spills and discharges in, on, or near the navigable and ocean waters of the Columbia River Basin system; (2) available and required oceanographic meteorological, and other relevant data necessary to best provide for the management referred to in paragraph (1); (3) potential risk of existing and projected oil tanker traffic in, on, or near the navigable and ocean waters of the Columbia River Basin system causing harm to the environment of such system due to oil spills, fuel dumping, residual discharges, and other releases of crude oil or petroleum products; and (4) need for legislation or other strategies to insure protection of such system ana its environment, including the prompt development of an orderly, step-by-step contingency plan to contain, cleanup, and mitigate the damages resulting from the conditions referred to in paragraph (3). n i e Commandant shall submit the results of such evaluation, immediately upon completion, including such recommendations as he deems

92 STAT. 359

Oil spills. Columbia River Basin system. 33 USC 1254 note.

Study.

Report to congressional committees.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/414

 92 STAT. 360

91 Stat. 259.

PUBLIC LAW 95-308—JUNE 30, 1978 necessary, to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Merchant Marine and Fisheries of the House of Representatives. SEC. 9. Paragraph (1) of the first section of the Act of July 1, 1977 (authorizing appropriations for the Coast Guard for fiscal year 1978) is amended by striking out "$887,521,000;" and inserting in lieu thereof "$892,900,000;". Approved June 30, 1978.

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•,vi

LEGISLATIVE HISTORY:

,.,r.<i .;i^,r..j;, isjhn^n^.

HOUSE REPORT No. 95-1030 (Comm. on Merchant Marine and Fisheries). SENATE REPORT No. 95-817 (Comm. on Commerce, Science, and Transportation). CONGRESSIONAL RECORD, Vol. 124 (1978): Apr. 17, considered and passed House. »' •.;,.: Trii ^*y ^^' considered and passed Senate, amended. June 14i House concurred in Senate amendments.

I

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Page:United States Statutes at Large Volume 92 Part 1.djvu/415

 PUBLIC LAW 95-309—JUNE 30, 1978

92 STAT. 361

Public Law 95-309 95th Congress Joint Resolution To designate Sunday, June 25, 1978, as "National Brotherliood Day".

Whereas this Nation was founded on the principle of freedom of religious thought; Whereas the practice of this freedom continues today in the expression of many philosophies and beliefs; Whereas the American people have—or their ancestors have—come to this country for many reasons, among them the freedom from persecution for these beliefs; and Whereas a deep kinship and true brotherhood exists among the various national, religious, and racial groups making up this great Nation: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That Sunday, June 25,19Y8, is hereby designated as "National Brotherhood Day". SEC. 2. The President is authorized and requested to issue a proclamation calling upon the people of the United States to commemorate National Brotherhood Day with apprppriate celebrations and observances. Approved June 30, 1978.

LEGISLATIVE HISTORY: CONGRESSIONAL RECORD, Vol. 124 (1978): June 23, considered and passed House and Senate.

June 30, 1978 [H.J. Res. 9951

National Brotherhood Day. Proclamation authorization.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/416

 92 STAT. 362

PUBLIC LAW 95-310—JUNE 30, 1978

Public Law 95-310 95th Congress An Act June 30, 1978 [S. 2033]

Wenatchee National Forest, Wash. Land conveyance.

90 Stat. 2760.

To provide for conveyance of certain lauds in the Wenatcliee National Forest, Washington, by the Secretary of Agriculture.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, notwithstanding any requirement or limitation therein with respect to the location of lands that may be conveyed, the Secretary of Agriculture is authorized to convey as a townsite lands in the Wenatchee National Forest, Washington, known as the Liberty Townsite, pursuant to and in accordance with the provisions of the Act of July 31, 1958 (72 Stat. 438; 7 U.S.C. 1012a) as amended by section 213 of the Federal Land Policy and Management Act of 1976 (90 Stat. 2743, 3760). Approved June 30, 1978.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-1291 (Comm. on Interior and Insular Affairs). SENATE REPORT No. 95-519 (Comm. on Energy and Natural Resources). CONGRESSIONAL RECORD: Vol. 123 (1977): Oct. 28, considered and passed Senate. Vol. 124 (1978): June 21, considered and passed House.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/417

 PUBLIC LAW 95-311—JUNE 30. 1978

92 STAT. 363

Public Law 95-311 95th Congress An Act To designate the proposed new Veterans' Administration hospital in Little Rock, Arlcansas, as the "John L. McClellan Memorial Veterans' Hospital", and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the proposed new Veterans' Administration hospital in Little Rock, Arkansas, shall hereafter be known and designated as the "John L. McClellan Memorial Veterans' Hospital". Any reference to; such hospital in any law, regulation, document, record, or other paper of the United States shall be deemed a reference to it as the John L. McClellan Memorial Hospital. SEC. 2. The Administrator of Veterans' Affairs is authorized to provide such memorial at the above-named hospital as he may deem suitable to preserve the remembrance of the late John L. McClellan. Approved June 30, 1978.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-1284 accompanying H.R. 10287 (Comm. on Veterans' Affairs). CONGRESSIONAL RECORD: Vol. 123 (1977): Dec. 15, considered and passed Senate. Vol. 124 (1978): June 19, considered and passed House, amended, in lieu of H.R. 10287. June 23, Senate concurred in House amendments.

39-194 O-80-pt. 1

27: QL3

June 30, 1978 [S. 2351]

John L. McClellan Memorial Veterans' Hospital.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/418

 92 STAT. 364

PUBLIC LAW 95-312—JUNE 30, 1978

Public Law 95-312 95th Congress

'f.

Joint Resolution June 30, 1978 [S.J. Res. 128]

Free Enterprise Day. Proclamation authorization.

Designating July 1, 1978, as "Free Enterprise Day".

Whereas the rapid development of America's economy is a result of the interaction of the free enterprise of our people and the abundant natural resources of our land; and Whereas the present great prosperity of the United States is based upon free enterprise; and AVhereas the principles of free enterprise are inexorably bound with our principles of individual political freedom; and Whereas the belief of Americans in the essential justice of free enterprise is being increasingly challenged throughout the world. Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the President is authorized and requested to issue a proclamation designating July 1, 1978, as "Free Enterprise Day" and calling upon the people of the United States and interested groups and organizations to observe such day with appropriate ceremonies and activities, < Approved June 30, 1978.

LEGISLATIVE HISTORY: CONGRESSIONAL RECORD, Vol. 124 (1978): Apr. 20, considered and passed Senate. June 26, considered and passed House.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/419

 PUBLIC LAW 95-313--JULY 1, 1978

92 STAT. 365

Public Law 95-313 95th Congress An Act To authorize the Secretary of Agriculture to provide cooperative forestry assistance to States and others, and for other purposes.

July 1. 1978 [H.R. 117771

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may Cooperative Forestry be cited as the "Cooperative Forestry Assistance Act of 1978".

Assistance Act of 1978. POLICY AND PURPOSE 16 USC 2101 note. SEC. 2. (a) Congress finds and declares that— (1) most of the Nation's productive forest land is in private, 16 USC 2101.

State, and local governmental ownership, and the Nation's capacity to produce renewable forest resources is significantly dependent on these non-Federal forest lands; (2) adequate supplies of timber and other forest resources are essential to the Nation, and adequate supplies are dependent upon efficient methods for establishing, managing, and harvesting trees and processing, marketing, and using wood and wood products; (3) managed forest lands provide habitats for fish and wildlife, as well as esthetics, outdoor recreation opportunities, and other forest resources; (4) insects and diseases affecting trees occur and sometimes create emergency conditions on all land, whether Federal or nonFederal, and efforts to prevent and control such insects and diseases often require coordinated action by both Federal and non-Federal land managers; (5) fires in rural areas threaten human lives, property, and forests and other resources, and Federal-State cooperation in forest fire protection has proven effective and valuable; (6) trees and forests are of great environmental and economic value to urban areas; and (7) managed forests contribute to improving the quality, quantity, and timing of water yields, which are of broad benefit to society. (b) The purpose of this Act is to authorize the Secretary of Agriculture (hereinafter in this Act referred to as the "Secretary"), with respect to non-Federal forest lands, to assist in— (1) the advancement of forest resources management; (2) the encouragement of the production of timber; (3) the prevention and control of insects and diseases affecting trees and forests; ^4) the prevention and control of rural fires; (5) the efficient utilization of wood and wood residues, includIziii ing the recycling of wood fiber; (6) the improvement and maintenance of fish and wildlife habitat; and (7) the planning and conduct of urban forestry programs. (c) It is in the national interest for the Secretary to work through and in cooperation with State foresters or equivalent State officials in implementing Federal programs affecting non-Federal forest lands.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/420

 92 STAT. 366

16 USC 1600 note.

16 USC 2102.

PUBLIC LAW 95-313—JULY 1, 1978 (d) This Act shall be deemed to complement the policies and direction set fortn in the Forest and Rangeland Renewable Resources Planning Act of 1974. t"i;* it/RURAL FORESTRY ASSISTANCE

SEC. 3. (a) Congress finds that— (1) production of timber on non-Federal forest lands and the efficient processing and use of wood produced on these lands are important in meeting the Nation's demand for wood and wood products; (2) the Federal Government can assist in increasing timber inventories, improving and maintaining fish and wildlife habitat, and providing other forest resources on non-Federal forest ,.-:, . lands; and (3) Federal assistance in forest resources management on nonFederal forest lands and the utilization of resources from these lands contribute to the economic strength and environmental quality of the Nation, providing many public benefits, (b) The Secretary is authorized to provide financial, technical, and related assistance to State foresters or equivalent State officials to— (1) develop genetically improved tree seeds; (2) procure, produce, and distribute tree seeds and trees for the purpose of establishing forests, windbreaks, shelterbelts, woodlots, and other plantings; (3) plant tree seeds and trees for the reforestation or afforestation of non-Federal forest lands suitable for the production of timber and other benefits associated with the growing of trees; (4) plan, organize, and implement measures on non-Federal forest lands, including, but not limited to, thinning, prescribed burning, and other silvicultural practices designed to increase the quantity and improve the quality of trees and other vegetation, fish and wildlife habitat, and water yielded therefrom; (5) protect or improve soil fertility on non-Federal forest lands and the quality, quantity, and timing of water yields; and (6) provide technical information, advice, and related assistance to private forest landowners and managers, vendors, forest operators, wood processors, public agencies, and individuals regarding— (A) the harvesting, processing, and marketing of timber and other forest resources and the marketing and utilization of wood and wood products; (B) conversion of wood to energy for domestic, industrial, municipal, and other uses; (C) management planning and treatment of forest land, §ftf i including, but not limited to, site preparation, reforestation, thinning, prescribed burning, and other silvicultural practices designed to increase the quantity and improve the qual- h 0! ! ity of timber and other forest resources; (D) protection and improvement of forest soil fertility and i'ill the quality, quantity, and timing of water yields; and (E) the effects of forestry practices on fish and wildlife and their habitats. Appropriation (c) There are hereby authorized to be appropriated annually such authorization. sums as may be needed to implement this section.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/421

 PUBLIC LAW 95-313—JULY 1, 1978 FORESTRY

92 STAT. 367

INCENTIVES

SEC. 4. (a) The Secretary is authorized to develop and implement a forestry incentives program to encourage the development, management, and protection of nonindustrial private forest lands. The purposes of such program shall be to encourage landowners to apply practices that will provide for afforestation of suitable open lands, reforestation of cutover or other nonstocked or understocked forest lands, timber stand improvement practices, including thinning, prescribed burning, and other silvicultural treatments, and forest resources management and protection, so as to provide for the production of timber and other forest resources associated therewith. (b) For the purposes of this section, the term "private forest land" means land capable of producing crops of industrial wood and owned by any private individual, group, Indian tribo or other native group, association, corporation, or other legal entity. (c) Landowners shall be eligible for cost sharing under this program if they own one thousand acres or less of private forest land, except that the Secretary may approve cost sharing.with landowners owning more than one thousand acres of such land if significant public benefits will accrue. In no case, however, may the Secretary approve cost sharing with landowners owning more than five thousand acres of private forest land. (d) The Secretary shall administer this section in accordance with regulations the Secretary shall develop in consultation with the committee described in section 10(c) of this Act. Regulations issued under title X of the Agricultural Act of 1970, as added by the Agriculture and Consumer Protection Act of 1973, to the extent not inconsistent with the provisions of this section, shall remain in effect until revoked or amended by regulations issued under this subsection. The regulations issued under this subsection shall include guidelines for the administration of this section at the Federal and State levels, and shall identify the measures and activities eligible for cost sharing under this section. (e) Individual forest management plans developed by the landowner in cooperation with and approved by the State forester or equivalent State official shall be the basis for agreements between the landowner and the Secretary under this section. The Secretary shall encourage participating States to use private agencies, consultants, organizations, and firms to the extent feasible for the preparation of individual forest management plans. (f) In return for the agreement 'by the landowner, the Secretary shall agree to share the cost of implementing those forestry practices and measures set forth in the agreement for which the Secretary determines that cost sharing is appropriate. The portion of such cost (including labor) to be shared shall be that portion that the Secretary determines is necessary and appropriate to implement the forestry practices and measures under the agreement, but not more than 75 percent of the actual costs incurred by the landowner. The maximum amount any individual may receive annually under the program authorized by this section shall be determined by the Secretary in consultation with the committee described in section 10(c) of this Act. (g) The Secretary shall, for the purposes of this section, distribute funds available for cost sharing among the States only after assessing the public benefit incident thereto, and after giving appropriate consideration to (1) the acreage of private commerical forest land in

16 USC 2103.

"Private forest land."

eost sharing

Regulations,

16 USC 1501.

Funds, distribution.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/422

 92 STAT. 368

.mi'E.:')>•'

16 USC 15011504, 1508. Appropriation authorization.

PUBLIC LAW 95-313—JULY 1, 1978 each state, (2) the potential productivity of such land, (3) the number of ownerships eligible for cost sharing in each State, (4) the need for reforestation, timber stand improvement, or other forestry investments on such ownerships, and (5) the enhancement of other forest resources, (h) The Secretary may, if the Secretary determines that doing so will contribute to the effective and equitable administration of the program authorized by this section, use an advertising and bid procedure in determining the lands in any area to be covered by agreements under this section. (i) In implementing this section, the Secretary may use the authorities provided in sections 1001, 1002, 1003, 1004, and 1008 of the Agricultural Act of 1970, as added by the Agriculture and Consumer Protection Act of 1973. (j) There are hereby authorized to be appropriated annually such sums as may be needed to implement this section, including funds necessary for technical assistance and expenses associated therewith. INSECT AND DISEASE CONTROL

16 USC 2104.

SEC. 5. (a) The Secretary is authorized to protect from insects and diseases trees and forests and wood products, stored wood, and wood in use directly on the National Forest System and in cooperation with ar>*;ijsl:i3 others on other lands in the United States, in order to— (1) enhance the growth and maintenance of trees and forests; (2) promote the stability of forest-related industries and employment associated therewith through protection of forest .lO-?,i yS3 dl •. resources; • •;(3) aid in forest fire prevention and control; ' ' ^4^ conserve forest cover on watersheds; J (5) protect outdoor recreation opportunities and other forest f resources; and ,, (6) extend timber supplies by protecting wood products, stored wood, and wood in use. (b) Subject to the provisions of subsections (c), (d), and (e) of this section and subject to whatever other conditions the Secretary may prescribe, the Secretary is authorized, directly on the National Forest System, and in cooperation with other Federal departments on other Federal lands, and in cooperation with State foresters or equivalent State officials, subdivisions of States, agencies, institutions, organizations, or individuals on non-Federal lands, to— (1) conduct surveys to detect and appraise insect infestations ^ and disease conditions affecting trees; (2) determine the biological, chemical, and mechanical measures necessary to prevent, retard, control, or suppress incipient, potential, threatening, or emergency insect infestations and disease conditions affecting trees; t (3) plan, organize, direct, and perform measures the Secretary determines necessary to prevent, retard, control, or suppress incip' lent, potential, threatening, or emergency insect infestations and disease epidemics affecting trees; I. (4) provide technical information, advice, and related assistance in managing and coordinating the use of pesticides and other 4.iKi'1 toxic substances applied to trees and other vegetation, and to wood .sM'iJu i ' t;ih products, stored wood, and wood in use; and J (5) take any other actions the Secretary deems necessary to accomplish the objectives and purposes of this section.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/423

 PUBLIC LAW 95-313—JULY 1. 1978 (c) Operations planned to prevent, retard, control, or suppress insects or diseases affecting forests and trees on land not controlled or administered by the Secretary shall not be conducted without the consent, cooperation, and participation of the entity having ownership of or jurisdiction over the affected land. (d) N"o money appropriated to implement this section shall be expended to prevent, retard, control, or suppress insects or diseases affecting trees on non-Federal land until the entity having ownership of or jurisdiction over the affected land contributes, or agrees to contribute, to the work to be done in the amount and in the manner determined by the Secretary. (e) The Secretary may, in the Secretary's discretition and out of any money appropriated to implement this section, make allocations to Federal agencies having jurisdiction over lands held or owned by the United States in the amounts the Secretary deems necessary to prevent, retard, control, or suppress insect infestations and disease epidemics affecting trees on those lands. (f) Any money appropriated to implement this section shall be available for necessary expenses. However, no money appropriated to implement this section shall be used to (1) pay the cost of felling and removing dead or dying trees unless the Secretary determines that such actions are necessary to prevent the spread of a major insect infestation or disease epidemic severely affecting trees, or (2) compensate for the value of any property injured, damaged, or destroyed by any, cause. The Secretary may procure materials and equipment necessary to prevent, retard, control, or suppress insects and diseases affecting trees without regard to section 3709 of the Revised Statutes, as amended (41 U.S.C. 5), under whatever procedures the Secretary may prescribe, whenever the Secretary deems such action necessary and in the public interest. (g) There are hereby authorized to be appropriated annually such sums as may be needed to implement this section.

92 STAT. 369

Appropriation authorization.

URBAX FORESTRY ASSISTx'^NCE

SEC. 6. (a) Congress finds that— 16 USC 2105. '^1 (1) trees and forests in urban areas, including cities, their sub,4 J. urbs, and towns, improve esthetic quality, reduce noise, filter impurities from the air and add oxygen to it, save energy by moderating temperature extremes, control wind and water erosion, and provide habitat for wildlife; (2) trees and forests in urban areas are weakened, damaged, or killed by highway and street widening, sidewalk construction, air +. pollution, modified drainage patterns, erosion, depletion of soil fertility, insects and diseases, mechanical and structural facilities, and other adverse influences that result from or are aggravated by ,,,^, the concentrated use of land; and (3) planting, protecting, and maintaining trees and forests and ,,, J. utilizing wood from pruned limbs, damaged trees, and felled trees in urban areas make those areas more pleasant and healthful, (b) The Secretary is authorized to provide financial, technical, and related assistance to State foresters or equivalent State officials for the purpose of encouraging States to provide information and technical assistance to units of local government and others that will encourage cooperative efforts to plan urban forestry programs and to plant, protect, and maintain, and utilize wood from, trees in open spaces, greenbelts, roadside screens, parks, woodlands, curb areas, and residential

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Page:United States Statutes at Large Volume 92 Part 1.djvu/424

 92 STAT. 370

Appropriation authorization.

PUBLIC LAW 95-313—JULY 1, 1978 developments in urban areas. The Secretary is also authorized to cooperate directly with units of local government and others in implementing this section whenever the Secretary and the affected State forester or equivalent State official agree that direct cooperation would better achieve the purposes of this section. (c) There are hereby authorized to be appropriated annually such sums as may be needed to implement this section. RURAL FIRE PREVENTION AND CONTROL

16 USC 2106.

SEC. 7. (a) Congress finds that— (1) significant accomplishments have been made by the Secretary and cooperating States in the prevention and control of fires on forest lands and on nonforested watersheds for more than fifty years; (2) progress is being made by the Secretary and cooperating States and rural communities in the protection of human lives, agricultural crops and livestock, property and other improvements, and natural resources from fires in rural areas; (3) notwithstanding the accomplishments and progress that have been made, fire prevention and control on rural lands and in rural communities are of continuing high priority to protect human lives, agricultural crops and livestock, property and other improvements, and natural resources; (4) the effective cooperative relationships between the Secretary and the States regarding fire prevention and control on rural lands and in rural communities should be retained and improved; (5) efforts in fire prevention and control in rural areas should be coordinated among Federal, State, and local agencies; and (6) in addition to providing assistance to State and local rural «>:'• fire prevention and control programs, the Secretary should prooosiia.; vi(Je prompt and adequate assistance whenever a rural fire emergency overwhelms, or threatens to overwhelm, the firefighting capability of the affected State or rural area, (b) Notwithstanding the Federal Fire Prevention and Control Act 15 USC 2201 of 1974, the Secretary is authorized, under whatever conditions the "o*®Secretary may prescribe, to— (1) cooperate with State foresters or equivalent State officials in developing systems and methods for the prevention, control, suppression, and prescribed use of fires on rural lands and in rural communities that will protect human lives, agricultural ' crops and livestock, property and other improvements, and natural resources; (2) provide financial, technical, and related assistance to State foresters or equivalent State officials, and through them to other agencies and individuals, for the prevention, control, suppression, and prescribed use of fires on non-Federal forest lands and other ' non-Federal lands; and (3) provide financial, technical, and related assistance to State foresters or equivalent State officials in cooperative efforts to organize, train, and equip local firefighting forces, including those of Indian tribes or other native groups, to prevent, control, and suppress fires threatening human lives, crops, livestock, farmsteads or other improvements, pastures, orchards, wildlife, range"Rural areas." land, woodland, and other resources in rural areas. As used herein, the term "rural areas" shall have the meaning set out in the first

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Page:United States Statutes at Large Volume 92 Part 1.djvu/425

 PUBLIC LAW 95-313—JULY 1, 1978 clause of section 306(a)(7) of the Consolidated Farm and Eural Development Act. (c) The Secretary, with the cooperation and assistance of the Administrator of General Services, shall encourage the use of excess personal property (within the meaning of the Federal Property and Administrative Services Act of 1949) by State and local fire forces receiving assistance under this section. (d) To promote maximum effectiveness and economy, the Secretary shall seek to coordinate the assistance the Secretary provides under this section with the assistance provided by the Secretary of Commerce under the Federal Fire Prevention and Control Act of 1974. (e) There are hereby authorized to be appropriated annually such sums as may be needed to implement subsection (b) of this section. (f) There shall be established in the Treasury a special rural fire disaster fund that shall be immediately available to and used by the Secretary to supplement any other money available to carry out this section with respect to rural fire emergencies, as determined by the Secretary. The Secretary shall determine that State and local resources are fully used or will be fully used before expending money in the disaster fund to assist a State in which one or more rural fire emergencies exist. There are hereby authorized to be appropriated such sums as may be needed to establish and replenish the disaster fund established by this subsection.

92 STAT. 371 7 USC 1926.

40 USC 471 note.

15 USC 2201 note. Appropriation authorization. Rural fire disaster fund.

Appropriation authorization.

MANAGEMENT ASSISTANCE, P L A N N I N G ASSISTANCE, AND TECHNOLOGY IMPLEMENTATION

SEC. 8. (a) To aid in achieving maximum effectiveness in the pro- 16 USC 2107. grams and activities conducted under this Act, the Secretary is authorized to provide financial, technical, and related assistance to State foresters or equivalent State officials for the development of stronger and more efficient State organizations that will enable them to fulfill better their responsibilities for the protection and management of non-Federal forest lands. Assistance under this subsection may include, but will not be limited to, assistance in matters related to organization management, program planning and management, budget and fiscal accounting services, personnel training and management, information services, and recordkeeping. Assistance under this subsection may be extended. only upon request by State foresters or equivalent State officials. (b) To ensure that data regarding forest lands are available for and effectively presented in State and Federal natural resources planning, the Secretary is authorized to provide financial, technical, and related assistance to State foresters or equivalent State officials in the assembly, analysis, display, and reporting of State forest resources data, in the training of State forest resources planners, and in participating in natural resources planning at the State and Federal levels. The Secretary shall restrict assistance under this subsection to the implementation of the forestry aspects of State and Federal natural resources planning conducted under other laws. This subsection shall not be construed, in any way whatsoever, as extending, limiting, amending, repealing, or otherwise affecting any other law or authority. (c) To ensure that new technology is introduced, new information is integrated into existing technology, and forest resources research findings are promptly made available to State forestry personnel, private forest landowners and managers, vendors, forest operators, wood

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Page:United States Statutes at Large Volume 92 Part 1.djvu/426

 92 STAT. 372 '.t;

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Appropriation authorization.

PUBLIC LAW 95-313—JULY 1, 1978 processors, public agencies, and individuals, the Secretary is authorized to carry out a program of technology implementation. (1) In implementing this subsection, the Secretary is authorized to work through State foresters or equivalent State officials, and, if the State forester or equivalent State official is unable to deliver these services, the Secretary is authorized to act through appropriate United States Department of Agriculture agencies, subdivisions of States, agencies, institutions, organizations, or individuals to— (A) strengthen technical assistance and service programs of cooperators participating in programs under this Act by • • applying research results and conducting pilot projects and field tests of management and utilization practices, equip. ment, and technologies, related to programs and activities •. authorized under this Act; ^jg^ study the effects of tax laws, methods, and practices on forest management; (C) develop and maintain technical information systems . in support of programs and activities authorized under this Act; !• (D) test, evaluate, and seek registration of chemicals for f,,, use in implementing the programs and activities authorized under this Act; (E) conduct other activities, including training of State ,^. forestry personnel whom the Secretary deems necessary to ensure that the programs and activities authorized under this Act are responsive to special problems, unique situations, and O'? changing conditions. (2) The Secretary may make funds available to cooperators under this Act without regard to the provisions of section 3648 of the Revised Statutes (31 U.S.C. 529), which prohibits advances of r public money. (3) The Secretary shall use forest resources planning committees at National and State levels in implementing this subsection. (d) There are hereby authorized to be appropriated annually such sums as may be needed to implement this section. CONSOLIDATED PAYMENTS

16 USC 2108.

SEC. 9. (a) To provide flexibility in funding activities authorized under this Act, the Secretary may, upon the request of any State, consolidate the annual financial assistance payments to that State under this Act, in lieu of functional cost sharing mechanisms, formulas, or agreements. However, consolidated payments shall not include money appropriated under section 4 of this Act or money from any special Treasury fund established under this Act. (b) Consolidation of payments made under this section shall be based upon State forest resources programs developed by State foresters or equivalent State officials, and reviewed by the Secretary. (c) Consolidated payments to any State during'any fiscal year shall not exceed the total amount of non-Federal funds expended within the State during that year to implement its State forest resources program. However, the Secretary may make payments that exceed the non-Federal amount expended for selected activities under the program, if the total Federal expenditure during any fiscal year does not exceed the total non-Federal expenditure during that year under the State forest resources program.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/427

 PUBLIC LAW 95-313—JULY 1, 1978

92 STAT. 373

(d) The Secretary may make consolidated payments on the certificate of the State forester or equivalent State official that the conditions for Federal payment have been met. (e) The Secretary shall administer this section to ensure that the use of consolidated payments does not adversely affect or eliminate any program authorized under this Act. (f) Subject to applicable appropriation Acts, the total annual amount of financial assistance to any participating State after the enactment of this Act shall not be less than the base amount of financial assistance provided to that State under all the provisions of law specified in section 13 of this Act during the fiscal year in which this Act is enacted. However, financial assistance for special projects of two years or less duration shall not be included in determining the base amount for any participating State. GENERAL PROVISIONS

SEC. 10. (a) In implementing this Act, the Secretary shall, to the 16 USC 2109. maximum extent practicable— (1) work through, cooperate with, and assist State foresters or equivalent State officials; (2) encourage cooperation and coordination between State foresters or equivalent State officials and other State agencies that manage renewable natural resources; (3) use and encourage cooperators under this Act to use, private agencies, consultants, organizations, firms, and individuals to furnish necessary materials and services; and '••'}• (4) promote effectiveness and ecx)nomy by coordinating the direct actions and assistance authorized under this Act with related programs the Secretary administers, and with cooperatiA^e programs of other agencies. (b) Money appropriated under this Act shall remain available until Funds, availability. expended. (c) Requirements for the development of State forest resources programs and State participation in management assistance, planning assistance, and technology implementation, the apportionment of funds among States participating under this Act, the administrative expenses in connection with activities and programs under this Act, and the amounts to be expended by the Secretary to assist non-State cooperators under this Act, shall he determined by the Secretary in consultation with a committee of not less than five State foresters or equivalent State officials selected by a majority of the State foresters •n j or equivalent State officials from States participating in programs under this Act. However, the Secretary need not consult with such committee regarding funds to be expended under emergency conditions that the Secretary may determine. (d) For the purposes of this Act— (1) The terms "United States" and "State" shall include each Definitions, of the several States, the District of Columbia, the Commonwealth of Puerto Bico, the Virgin Islands of the United States, the Commonwealth of the Northern Mariana Islands, the Trust Territory - • ' of the Pacific Islands, and the territories and possessions of the •n United States; i*'^ (2) The term "forest resources" shall include esthetics, fish and wildlife, forage, outdoor recreation opportunities, timber, and water; and

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Page:United States Statutes at Large Volume 92 Part 1.djvu/428

 92 STAT. 374

Rules and regulations. Grants, agreements, contracts.

PUBLIC LAW 95-313—JULY 1, 1978 (3) The term "urban forestry" means the planning, establishment, protection, and management of trees and associated plants, individually, in small groups, or under forest conditions within cities, their suburbs, and towns. (e) The Secretary may prescribe rules and regulations, as the Secretary deems appropriate, to implement the provisions of this Act. (f) The Secretary is authorized to make grants, agreements, contracts, and other arrangements the Secretary deems necessary to implement this Act^ (g) This Act shall be construed as supplementing all other laws relating to the Department of Agriculture and shall not be construed as limiting or repealing any existing law or authority of the Secretary, except as specifically cited in section 13 of this Act. STATEMENT OF LIMITATION

16 USC 2110.

SEC. 11. This Act does not authorize the Federal Government to regulate the use of private land or to deprive owners of land of their rights to property or to income from the sale of property, and this Act does not diminish in any way the rights and responsibilities of the States and political subdivisions of States. REPORTS

16 USC 1606 note.

16 USC 1606.

SEC. 12. To ensure that Congress has adequate information to implement its oversight responsibilities and to provide accountability for expenditures and activities under this Act, section 8(c) of the Forest and Rangeland Renewable Resources Planning Act of 1974 is amended by-

(1) inserting immediately before the period at the end of the last sentence "and in cooperative State and private Forest Service programs"; and (2) adding a new sentence at the end thereof as follows: "With regard to the cooperative forestry assistance part of the Program, the report shall include, but not be limited to, a description of the status, accomplishments, needs, and work backlogs for the programs and activities conducted under the Cooperative Forestry Assistance Act of 1978.". REPEAL OF OTHER L A W S; EXISTING CONTRACTS AND AGREEMENTS; APPROPRIATIONS

16 USC 2111.

16 USC 5941-1 note. 16 USC 568c note. 16 USC 568e. 7 USC 2651. 16 USC 1509, 1510.

SEC. 13. (a) The following laws, and portions of laws, are hereby repealed: (1) sections 1, 2, 3, and 4 of the Act of June 7, 1924, known as the Clarke-McNary Act (43 Stat. 653-654, as amended; 16 U.S.C. 564, 565, 566, 567); (2) the Act of April 26, 1940, known as the White Pine Blister Rust Protection Act (54 Stat. 168; 16 U.S.C. 594a); (3) the Forest Pest Control Act; 1* (4) the Cooperative Forest Management Act; (5) section 401 of the AgriculturalAct of 1956; (6) title IV of the Rural Development Act of 1972; and (7) section 1009 and the proviso to section 1010 of the Agricultural Act of 1970, as added by the Agriculture and Consumer Protection Act of 1973.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/429

 PUBLIC LAW 95-313—JULY 1, 1978

92 STAT. 375

(b) Contracts and cooperative and other agreements under cooperative forestry programs executed under authority of the Acts, or portions thereof, repealed under subsection (a) of this section shall remain in effect until revoked or amended by their own terms or under other provisions of law. (c) Funds appropriated under the authority of the Acts, or portions Funds, thereof, repealed under subsection (a) of this section shall be available availability, for expenditure for the programs authorized under this Act. EFFECTIVE DATE

SEC. 14. The provisions of this Act shall become effective October 1, 16 USC 2101 1978. noteApproved July 1, 1978.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-1183 (Comm. on Agriculture). SENATE REPORT No. 95-879 accompanying S. 3033 (Comm. on Agriculture, Nutrition, and Forestry). CONGRESSIONAL RECORD, Vol. 124 (1978): May 22, considered and passed House. June 7, considered and passed Senate, amended, in lieu of S. 3033. June 16, House concurred in Senate amendments. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 14, No. 27: July 1, Presidential statement.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/430

 92 STAT. 376

PUBLIC LAW 95-314—JULY 1, 1978

Public Law 95-314 95th Congress An Act July 1, 1978 [H.R. 12571]

Fishery Conservation Zone Transition Act, amendment. 16 USC 1823 note. Agreement; effective date.

rpQ amend the Fishery Conservation Zone Transition Act in order to give effect to the Reciprocal Fisheries Agreement for 1978 between the United States and Canada.

Be it enacted by the Seriate and House of Representatives of the United States of America in Congress assembled, That section 5(a) of the Fishery Conservation Zone Transition Act (Public Law 95-Y3; 91 Stat. 283) is amended to read as follows: " (a) CONGRESSIONAL APPROVAL.—The Congress hereby approves the Eeciprocal Fisheries Agreement for 1978 between the Government of the United States and the Government of Canada (hereinafter in this section referred to as the 'Agreement') as contained in the message to Congress from the President of the United States dated May 1, 1978. The Agreement shall be in force and effect with respect to the United States from January 1, 1978, until such later date in 1978 as may be determined pursuant to the terms of the Agreement.". Approved July 1, 1978.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-1215 (Comm. on Merchant Marine and Fisheries). SENATE REPORT No. 95-955 (Comm. on Commerce, Science, and Transportation and Comm. on Foreign Relations). CONGRESSIONAL RECORD, Vol. 124 (1978): May 25, considered and passed House. June 29, considered and passed Senate. i p WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 14, No. 27: July 1, Presidential statement.

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 PUBLIC LAW 95-315—JULY 4, 1978

92 STAT. 377

Public Law 95-315 95th Congress An Act To create a solar energy and energy conservation loan program within the Small Business Administration, and for other purposes.

Be it enacted by the Senate and House of RepreserUaiwes of the United States of America in Congress assembled, That this Act may be cited as the "Small Business Energy Loan Act". SEC. 2. Section 7 of the Small Business Act is amended by adding at the end thereof the following new subsection: "(1)(1) The Administration also is empowered to make loans (either directly or in cooperation with banks or other lending institutions through agreements to participate on an immediate or deferred basis) as the Administrator may determine to be necessary or appropriate to assist any small business concern in financing plant construction, conversion, expansion (including acquisition of land for such a plant), or startup, and the acquisition of equipment, facilities, machinery, supplies, or materials to enable such concern to design architecturally or engineer, manufacture, distribute, market, install, or service any of the following energy measures: "(A) Solar thermal energy equipment which is either of the active type based upon mechanically forced energy transfer or of the passive type based on convective, conductive, or radiant energy transfer or some combination of these types. " (B) Photovoltaic cells and related equipment. " (C) A product or service the primary purpose of which is conservation of energy through devices or techniques which increases the energy efficiency of existing equipment, methods of operation, or systems which use fossil fuels, and which is on the Energy Conservation Measures List of the Secretary of Energy or which the Administrator determines to be consistent with the intent of this subsection. "(D) Equipment the primary purpose of which is production of energy from wood, biological waste, grain, or other biomass source of energy. " (E) Equipment the primary purpose of which is industrial cogeneration of energy, district heating, or production of energy from industrial waste. " (F) Hydroelectric power ec[uipment. " (G) Wind energy conversion equipment. " (H) Engineering, architectural, consulting, or other professional services which are necessary or appropriate to aid citizens in using any of the ineasures described in subparagraphs (A) through (G). . Proceeds of loans under this subsection shall not be used primarily for research and development. " (2) No loan shall be made under this subsection if the total amount outstanding and committed (by participation or otherwise) to the borrower from the business loan and investment fund established by this Act would exceed $500,000. No loan made or effected under this subsection directly or in cooperation with banks or other lending institutions through agreements to participate on an immediate basis shall exceed $350,000.

July 4. 1978 [H.R. 11713] Small Business Energy Loan Act. 15 USC 631 note. 15 USC 636.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/432

 92 STAT. 378

Regulations. Publication in Federal Register.

15 USC 636.

Grants.

PUBLIC LAW 95-315—JULY 4, 1978 "(3) No financial assistance shall be extended pursuant to this subsection unless the financial assistance applied for is not otherwise available on reasonable terms from non-Federal sources. "(4) No immediate participation may be purchased unless it is shown that a deferred participation is not available; and no loan may be made unless it is shown that a participation is not available. " (5) In agreements to participate in loans on a deferred basis under this subsection, the Administration's participation shall not be in excess of 90 per centum of the balance of the loan outstanding at the time of disbursement. "(6) The Administration's share of any loan made under this subsection shall bear interest at the same rate as loans made under subsection (a) of this section. The maximum terms of any such loan, including extensions and renewals, may not exceed fifteen years. "(7) AH loans made under this subsection shall be of such sound value as reasonably to assure repayment, recognizing that greater risk may be associated with loans made to business concerns in this field: Provided, That factors in determining 'sound value' shall include, but not be limited to, quality of the product or service; technical qualifications of the applicant or his employees; sales projections; and the financial status of the business concern: Provided further, That such status need not be as sound as that required for loans under subsection (a) of this section. "(8)(A) The Administration, after consultation with the Department of Energy and other Federal departments and agencies as the Administrator deems appropriate, shall publish in the Federal Register for public comment not later than sixty days after the date of enactment of this subsection proposed regulations to carry out the provisions of this subsection. The Administration shall make all reasonable efforts to solicit comments from small businesses and shall take into consideration comments submitted regarding such proposed regulations. " (B) The administration shall publish final regulations under this subsection not later than one hundred and eighty days after the date of enactment of this subsection. "(9) It is the intent of Congress that the paperwork burden and r e ^ l a to r y impact on applicant under this subsection shall be minimized, and that to the maximum extent practicable, the Administrator may rely upon consultation with the Department of Energy and other agencies, upon paid consultants, and upon voluntary public submissions of information to obtain market data, industry sales projections, energy savings, and other economic information needed to carry out the provisions of section 7(1)(1)(D) and ^E). Nothing in this subsection shall be construed as precluding the Administrator from using any of his lawful powers to obtain information from applicants.". SEC. 3. Section 7(d) of the Small Business Act is amended by inserting " (1) " after " (d) " and by adding at the end of such subsection the following paragraph: " (2) The Administration is authorized to hold seminars throughout the Nation to make potential applicants aware of the opportunities available under this subsection and related government energy programs, and to make grants to qualified organizations to provide training seminars for small business concerns regarding practical and easily implemented methods for design, manufacture, installation, and servicing of equipment and for providing services listed in paragraph (1) of this subsection, except that recipients of loans made pursuant to this subsection shall not subsequently be eligible for such grants.".

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Page:United States Statutes at Large Volume 92 Part 1.djvu/433

 PUBLIC LAW 95-315—JULY 4, 1978

92 STAT. 379

15 USC 633. SEC. 4. Section 4(c) of the Small Business Act is amended— (1) in subparagraph (B) of paragraph (l), by inserting "7(1)," after "7(i),"; and (2) in subparagraph (B) of paragraph (2), by inserting "7 (1) "after"7(i) ". SEC. 5. Section 20(e) of the Small Business Act (15 U.S.C. 649(e)) 15 USC 631 note. is amended by adding at the end thereof a new paragraph as follows: "(10) For the programs authorized by section 7(1) of this Act, 15 USC 636. the Administration is authorized to make $30,000,000 in direct and immediate participation loans and $45,000,000 in guaranteed loans.". SEC. 6. Section 10(b) of the Small Business Act (15 U.S.C. 639(b)) Reports to is amended by adding the following: "Such report shall contain the President, number and amount of loans, the number of applications, the total Congress, and amount applied for, and the number and amount of defaults for each congressional committees. type of equipment or service for which loans are authorized by this subsection, and on the projected and actual energy savings and numbers of jobs created by firms through loans made under section 7(1) 15 USC 636. of the Small Business Act. The Department of Energy shall assist the Administration in obtaining information and compiling this report.". SEC. 7. Section 20(f) of the Small Business Act (15 U.S.C. 649(f)) 15 USC 631 note. is amended by striking the first sentence and inserting in lieu thereof: "There are authorized to be appropriated to the Administration for • Appropriation fiscal year 1979 $1,601,750,000 to carry out the programs referred to authorization. in subsection (e), paragraphs (1) through (10).".

Approved July 4, 1978.

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LEGISLATIVE HISTORY: HOUSE REPORT No. 95-1071 (Gomm. on Small Business). ' SENATE REPORT No. 95-828 (Select Comm. on Small Business). CONGRESSIONAL RECORD, Vol. 124 (1978): May 2, considered and passed House. May 24, considered and passed Senate, amended. June 16, House concurred in Senate amendment with amendments. June 19, Senate concurred in House amendments. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 14, No. 27: July 4, Presidential statement.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/434

 92 STAT. 380

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PUBLIC LAW 95-316—JULY 10, 1978

Public Law 95-316 95th Congress An Act

July 10. 1978 [H.R. 10730]

Marine Mammal Protection Act, amendments. Appropriation authorizations. Federal cooperation with States.

Research grants.

To authorize appropriations to carry out the Marine Mammal Protection Act of 1972 during fiscal years 1979, 1980, and 1981. .^

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 109 of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1379) is amended by adding at the end thereof the following new subsection: "(d)(1) There are authorized to be appropriated to the Department of the Interior, for the purposes of carrying out this section, not to exceed $400,000 for each of the fiscal years ending September 30, 1979, September 30, 1980, and September 30, 1981. "(2) There are authorized to be appropriated to the Department of Commerce, for the purposes of carrying out this section, not to exceed $225,000 for each of the fiscal years ending September 30, 1979, September 30, 1980, and September 30, 1981.". SEC. 2. Section 110(c) of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1380(c)) is amended by adding at the end thereof the following new paragraphs: "(4)(A) $1,300,000 which shall be available to the Secretary of the Interior for the fiscal year ending September 30, 1979. "(B) $2,700,000 which shall be available to the Secretary of Commerce for the fiscal year ending September 30, 1979. "(5)(A) $1,500,000 which shall be available to the Secretary of the Interior for the fiscal year ending September 30, 1980. "(B) $2,700,000 which shall be available to the Secretary of Commerce for the fiscal year ending September 30, 1980. "r6)(A) $2,100,000 which shall be available to the Secretary of the Interior for the fiscal year ending September 30, 1981. "(B) $2,700,000 which shall be available to the Secretary of Commerce for the fiscal year ending September 30, 1981.". SEC. 3. Section 114 of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1384) is amended— (1) by amending subsection (a)— (A) by striking out "title." and inserting in lieu thereof "title (other than sections 109 and 110).". (B) by striking out "and" immediately after "fiscal years,", and (C) by inserting immediately after "September 30, 1978," the following: "not to exceed $8,500,000 for the fiscal year ending September 30, 1979, not to exceed $9,000,000 for the fiscal year ending September 30, 1980, and not to exceed $9,500,000 for the fiscal year ending September 30, 1981,"; and (2) by amending subsection (b)— (A) by striking out "title." and inserting in lieu thereof "title (other than sections 109 and 110).", (B) by striking out "and" immediately after "thereafter,", and •Sk < 4 M >4

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Page:United States Statutes at Large Volume 92 Part 1.djvu/435

 PUBLIC LAW 95-316—JULY 10, 1978

92 STAT. 381

(C) by inserting immediately after "September 30, 1978" the following:", not to exceed $650,000 for the fiscal year ending September 30, 1979, not to exceed $760,000 for the fiscal year ending September 30, 1980, and not to exceed $876,000 for the fiscal year ending September 30, 1981". SEC. 4. Section 207 of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1407) is amended— (1) by striking out "and" immediately after "$1,000,000"; and (2) by inserting ", the sum appropriated for the fiscal year ending September 30, 1979, shall not exceed $1,000,000, the sum appropriated for the fiscal year ending September 30, 1980, shall not exceed $1,000,000, and the sum appropriated for the fiscal year ending September 30, 1981, shall not exceed $1,000,000" immediately after "$2,000,000". Approved July 10, 1978.

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LEGISLATIVE HISTORY:

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HOUSE REPORT No. 95-1028 (Coram, on Merchant Marine and Fisheries). SENATE REPORT No. 95-888 (Comm. on Commerce, Science, and Transportation). CONGRESSIONAL RECORD, Vol. 124 (1978): Apr. 10, considered and passed House. June 7, considered and passed Senate, amended. June 28, House concurred in Senate amendment.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/436

 92 STAT. 382

PUBLIC LAW 95-317—JULY 10, 1978

Public Law 95-317 95th Congress An Act July 10, 1978 [H.R. 3447]

Civil service retirement annuities. Payments to surviving spouses.

Notice.

Effective date.

5 USC 8339 note. Effective date.

5 USC 8339 note.

To amend chapter 83 of title 5, United States Code, to grant an annuitant the right to elect within one year after remarriage whether such annuitant's new spouse shall be entitled, if otherwise qualified, to a survivor annuity, and to eliminate the annuity reduction made by an unmarried annuitant to provide a survivor annuity to an individual having an insurable interest in cases where such individual predeceases the annuitant. Be it enacted by the Senate and House of Representatives of the United States of Ameiica in Congress assembled, That (a) section 8339(j) of title 5, United States Code, is amended by striking out the second and t h i r d sentences and inserting in lieu thereof the following: " A n annuity which is reduced under this subsection or any similar prior provision of law shall, for each full month during which a retired employee or Member is not married (or is remarried if there is no election in effect under the following sentence), be recomputed and paid as if the annuity had not been so reduced. Upon remarriage the retired employee or Member may irrevocably elect during such marriage, in a signed writing received in the Commission within 1 year after such remarriage, a reduction in his annunity for the purpose of allowing an annuity for his spouse in the event such spouse survives him. Such reduction shall be equal to the reduction in effect immediately before the dissolution of the previous marriage, and shall be effective the first day of the first month beginning 1 year after the date of remarriage.". (b) Section 8341(b)(1) of title 5, United States Code, is amended by striking out "unless the employee or Member" and all that follows, and inserting in lieu thereof the following: "unless the employee or Member has notified the Commission in writing at the time of retirement that he does not desire any spouse surviving him to receive his annuity, or in the case of remarriage, he did not file an election under the t h i r d sentence of section 8339(j) of this title.". (c) The second sentence of section 8339(k)(2) of title 5, United States Code, is amended to read as follows: " The reduced annuity shall be effective the first day of the first month beginning 1 year after the date of marriage.". SEC. 2. Section 8339(k)(1) of title 5, United States Code, is amended by adding at the end thereof the following: " A n annuity which is reduced under this paragraph or any similar prior provision of law shall, effective the first day of the month following the death of the individual named under this paragraph, be recomputed and paid as if the annuity had not been so reduced.". SEC. 3. The Civil Service Commission shall, on an annual basis, inform each annuitant of such annuitant's rights of election under sections 8339(j) and 8339(k)(2) of title 5, United States Code. SEC. 4. (a) This Act shall take effect— (1) the first day of the first month which begins on or after the date of the enactment of this Act, or (2) October 1, 1978, whichever is later.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/437

 PUBLIC LAW 95-317—JULY 10, 1978

92 STAT. 383

(b) Except as provided under subsection (c) of this section, the amendments made by the first section and section 2 of this Act shall apply with respect to annuities which commence before, on, or after the effective date of this Act, but no monetary benefit by reason of such amendments shall accrue for any period before such effective date. (c) The amendments made by the first section of this Act shall Notice, not affect the eligibility of any individual to a survivor annuity under section 8341(b) of title 5, United States Code, or the reduction therefor under section 8339(j) of such title, in the case of an annuitant who remarried before the effective date of this Act, unless the annuitant notifies the Civil Service Commission in a signed writing received in the Commission within one year after the effective date of this Act that such annuitant does not desire the spouse of the annuitant to receive a survivor annuity in the event of the annuitant's death. Such Effective date, notification shall take effect the first day of the first month after it is received in the Commission. Approved July 10, 1978.

LEGISLATIVE- HISTORY: HOUSE REPORT No. 95-283 (Comm. on Post Office and Civil Service). SENATE REPORT No. 95-904 (Comm. on Governmental Affairs). CONGRESSIONAL RECORD: Vol. 123 (1977): June 6, considered and passed House. Vol. 124 (1978): June 19, considered and passed Senate, amended. June 26, House concurred in Senate amendment.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/438

 92 STAT. 384

PUBLIC LAW 95-318—JULY 10, 1978

Public Law 95-318 95th Congress An Act July 10, 1978 [H.R. 3755]

Gvil service employees. Restoration of retirement annuities.

5 USC 8341 note.

5 USC 8331 et seq.

To provide for the reinstatement of civil service retirement survivor annuities for certain widows and widowers whose remarriages occurred before July 18, 1966, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) upon application to the Civil Service Commission, the annuity of— (1) a surviving spouse of an employee which was terminated under the provisions of section 8341(b) or (d) of title 5, United States Code, or of any prior applicable law, because of the remarriage of such spouse before July 18, 1966, and (2) a surviving spouse of a Member who died before January 8, 1971, which was terminated under any such provision, because of the remarriage of such spouse, shall be restored in accordance with the provisions of subsection (b) of this section. (b)(1) In the case of a remarriage occurring after the surviving spouse became sixty years of age, the annuity shall be restored to such spouse under subsection (a) of this section only if any lump sum paid on termination of the annuity is returned to the Civil Service Ketirement and Disability Fund. If such amount is paid, the annuity shall be so restored commencing on the effective date of this section at the rate which would have been in effect if the annuity had not been terminated. (2) In the case of a remarriage occurring before the surviving spouse became sixty years of age, the annuity shall be restored to such spouse under subsection (a) of this section only if— (A) such spouse elects to receive this annuity instead of a survivor benefit to which the spouse may be entitled under subchapter III of chapter 83 of such title 5 or under another retirement system for Government employees by reason of the marriage; and (B) any lump sum paid on termination of the annuity is returned to such fund. If the requirements of the preceding sentence are satisfied, such annuity shall be so restored commencing on the effective date of this section or on the first day of the month following the date the remarriage is dissolved by death, annulment, or divorce, whichever date is later, at the rate which was in effect when the annuity was terminated. SEC. 2. Section 8341(g) of title 5, United States Code, is amended by striking out "after July 18, 19665".

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Page:United States Statutes at Large Volume 92 Part 1.djvu/439

 PUBLIC LAW 95-318—JULY 10, 1978

92 STAT. 385

SEC. 3. The foregoing provisions of this Act shall take effect on— Effective date. (1) the first day of the month following the date of the enact- 5 USC 8341 ment of this Act, or °''*®(2) October 1, 1978, i whichever date is later. Approved July 10, 1978.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-475 (Comm. on Post Office and Civil Service). SENATE REPORT No. 95-905 (Comm. on Governmental affairs). CONGRESSIONAL RECORD: Vol. 123 (1977): July 18, considered and passed House. Vol. 124 (1978): June 19, considered and passed Senate, amended. June 26, House concurred in Senate amendment.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/440

 92 STAT. 386

PUBLIC LAW 95-319—JULY 11, 1978

Public Law 95-319 95th Congress An Act July 11, 1978 [S. 2401]

Emergency Interim Consumer Product Safety Standard Act of 1978. 15 USC 2051 note. 15 USC 2082 note.

To amend the Consumer Product Safety Act to establish an interim consumer product safety rule relating to the standards for flame resistance and corrosiveness of certain insulation, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Emergency Interim Consumer Product Safety Standard Act of 1978". FINDINGS AND PURPOSE

SEC. 2. (a) The Congress finds that— (1) existing P^ederal, State, and local laws and regulations are insufficient to protect the consumer from improperly manufactured cellulose insulation; (2) an unreasonably large quaaitity of cellulose insulation is being distributed that does not meet minimum safety standards; (3) an urgent need exists for the expedited setting of interim mandatory Federal standards for the manufacture of cellulose insulation; and (4) such standards are reasonably necessary to eliminate or reduce an unreasonable risk of injury to consumers from flammable or corrosive cellulose insulation. (b) It is the purpose of the Congress in this Act to provide an interim mandatory safety standard for cellulose insulation manufactured for use as a consumer product. I N T E R I M CELLULOSE INSULATION SAFETY STANDARD

SEC. 3. (a) The Consumer Product Safety Act (15 U.S.C. 2051 et seq.) is amended by adding at the end thereof the following new section: u I N T E R I M CELLULOSE INSULATION SAFETY STANDARD

15 USC 2082.

"SEC. 35. (a)(1) Subject to the provisions of paragraph (2), on and after the last day of the 60-day period beginning on the effective date of this section, the requirements for flame resistance and corrosiveness set forth in the General Services Administration's specification for cellulose insulation, HH-I-515C (as such specification was in effect on February 1, 1978), shall be deemed to be an interim consumer product safety standard which shall have all the authority and effect of any other consumer product safety standard promulgated by the Regulations. Commission under this Act. During the 45-day period beginning on Publication in the effective date of this section, the Commission may make, and shall Federal Register, publish in the Federal Register, such technical, nonsubstantive changes in such requirements as it deems appropriate to make such requirements suitable for promulgation as a consumer product safety standard. At the end of the 60-day period specified in the first sentence of this paragraph, the Commission shall publish in the Federal Register such interim consumer product safety standard, as altered by the Commission under this paragraph.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/441

 PUBLIC LAW 95-319—JULY 11, 1978

92 STAT. 387

" (2) The interim consumer product safety standard established in paragraph (1) shall provide that any cellulose insulation which is produced or distributed for sale or use as a consumer product shall have a flame spread rating of 0 to 25, as such rating is set forth in the General Services Administration's specification for cellulose insulation, HH-I-515C. "(3) During the period for which the interim consumer product ,/. safety standard established in subsection (a) is in effect, in addition to complying with any labeling requirement established by the Commission under this Act, each manufacturer or private labeler of cellulose insulation shall include the following statement on any container of such cellulose insulation: 'ATTENTION: This material meets the applicable minimum Federal flammability standard. This standard is based upon laboratory tests only, which do not represent actual conditions which may occur in the home'. Such statement shall be located in a conspicuous place on such container and shall appear in conspicuous and legible type in contrast by typography, layout, and color with other printed matter on such container, "(b) Judicial review of the interim consumer product safety stand- Judicial review, ard established in subsection (a), as such standard is in effect on and after the last day of the 60-day period specified in such subsection, shall be limited solely to the issue of whether any changes made by the Commission under paragraph (1) are technical, nonsubstantive changes. For purposes of such review, any change made by the Commission under paragraph (1) which requires that any test to determine the flame spread rating of cellulose insulation shall include a correction for variations in test results caused by equipment used in the test shall be considered a technical, nonsubstantive change. "(c)(1)(A) Any interim consumer product safety standard established pursuant to this section shall be enforced in the same manner as any other consumer product safety standard until such time as there is in effect a final consumer product safety standard promulgated by the Commission, as provided in subparagraph (B), or until such time as it is revoked by the Commission under section 9(e). A violation of the 15 USC 2058. interim consumer product safety standard shall be deemed to be a .., violation of a consumer product safety standard promulgated by the Commission under section 9. "(B) If the Commission determines that the interim consumer product safety standard does not adequately protect the public from the unreasonable risk of injury associated with flammable or corrosive cellulose insulation, it shall promulgate a final consumer product safety standard to protect against such risk. Such final standard shall be promulgated pursuant to section 553 of title 5, United States Code, except that the Commission shall give interested persons an opportunity for the oral presentation of data, views, or arguments, in addition to an opportunity to make written submissions. A transcript shall be kept of any oral presentation. The provisions of section 9(b), (c), and (d) shall apply to any proceeding to promulgate such final standard. In any judicial review of such final standard under section 11, the 15 USC 2060. court shall not require any demonstration that each particular finding made by the Commission under section 9(c) is supported by substantial evidence. The court shall affirm the action of the Commission unless the court determines that such action is not supported by substantial evidence on the record taken as a whole.,

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