text:
Page:United States Statutes at Large Volume 98 Part 3.djvu/770

 98 STAT. 3142

PUBLIC LAW 98-598—OCT. 30, 1984

Public Law 98-598 98th Congress

An Act Oct. 30, 1984 [H.R. 6007] District of Columbia Retired Judge Service Act.

To establish certain procedures regarding the judicial service of retired judges of District of Columbia courts, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SHORT TITLE

SECTION 1. This Act may be cited as the "District of Columbia Retired Judge Service Act". SERVICE OF RETIRED JUDGES

SEC. 2. (a) Section 11-1504 of the District of Columbia Code is amended to read as follows: "(a)(1) A judge, retired for reasons other than disability, who has been favorably recommended and appointed as a senior judge, in accordance with subsection (b), may perform such judicial duties as such senior judge is assigned and willing and able to undertake. A senior judge shall be subject to reappointment every two years in accordance with subsection (b). Except as provided under this section, retired judges may not perform judicial duties in District of Columbia courts. "(2) Within 180 days of the date of retirement, a judge may request recommendation from the District of Columbia Commission on Judicial Disabilities and Tenure (hereinafter in this section referred to as the "Commission") to be appointed as a senior judge in accordance with this section. "(3) Retired judges actively serving on the date of enactment of the District of Columbia Retired Judge Service Act and willing to continue to perform judicial duties shall request recommendation from the Commission to be appointed as senior judges within 180 days of the date of enactment of such Act in accordance with this section. "(b)(1) A retired judge willing to perform judicial duties may request a recommendation as a senior judge from the Commission. Such judge shall submit to the Commission such information as the Commission considers necessary to a recommendation under this subsection. "(2) The Commission shall submit a written report of its recommendations and findings to the appropriate chief judge and the judge requesting appointment within 180 days of the date of the request for recommendation. The Commission, under such criteria as it considers appropriate, shall make a favorable or unfavorable recommendation to the appropriate chief judge regarding an appointment as senior judge. The recommendation of the Commission shall be final.
 * '§ 11-1504. Services of Retired Judges

�


text:
Page:United States Statutes at Large Volume 98 Part 3.djvu/771

 PUBLIC LAW 98-598—OCT. 30, 1984

98 STAT. 3143

"(3) The appropriate chief judge shall notify the Commission and the judge requesting, appointment of such chief judge's decision regarding appointment within 30 days after receipt of the Commission's recommendation and findings. The decision of such chief judge regarding such appointment shall be final. "(c) A judge may continue to perform judicial duties upon retirement, without appointment as a senior judge, until such judge's successor assumes office. "(d) A retired judge, actively performing judicial duties as of the date of enactment of the District of Columbia Retired Judge Service Act, may continue to perform such judicial duties as he or she may be willing and able to assume, subject to the approval of the appropriate chief judge, for a period not to exceed one year from the date of enactment of such Act, without appointment as a senior judge.". (b) Section 431(g) of the District of Columbia Self-Government and Governmental Reorganization Act is amended by inserting "and to make recommendations regarding the appointment of senior judges of the District of Columbia courts as provided in section 11-1504 of the District of Columbia Code" after "in section 432". RETIREMENT BENEFITS FOR EXECUTIVE OFFICER OF THE DISTRICT OF COLUMBIA COURTS

SEC. 3. Section ll-1703(c) of title 11, District of Columbia Code, is amended by inserting ", including retirement benefits," after "compensation". CHANGES IN THE SMALL CLAIMS COURT OF THE DISTRICT OF COLUMBIA

S E C 4. Section 1321 of title 11 of the District of Columbia Code is amended by striking out "$750" and inserting in lieu thereof "$2,000". EFFECTIVE DATE

S E C 5. The provisions of this Act shall take effect on the date of the enactment of this Act. Approved October 30, 1984.

LEGISLATIVE HISTORY—H.R. 6007: HOUSE REPORT No. 98-910 (Comm. on the District of Columbia). CONGRESSIONAL RECORD, Vol. 130 (1984): July 30, considered and passed House. Sept. 28, considered and passed Senate, amended. Oct. 9, House concurred in Senate amendments.

�

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


text:
Page:United States Statutes at Large Volume 98 Part 3.djvu/772

 '8 STAT. 3144

PUBLIC LAW 98-599—OCT. 30, 1984

Public Law 98-599 98th Congress An Act Oct 30 1984 ' [H.R. 6100]

"^^ clarify the intent of Congress with respect to the families eligible for a commemorative medal authorized for the families of Americans missing or otherwise unaccounted for in Southeast Asia.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 1264(b)(l)(A) of the Department of Defense Authorization Act, 1984 (Public Law 98-94; 97 Stat. 704), is amended by inserting "(as of the end of United States participation in hostilities in Southeast Asia)" after "listed". Approved October 30, 1984.

LEGISLATIVE HISTORY—H.R. 6100: CONGRESSIONAL RECORD, Vol. 130 (1984): Oct. 1, considered and passed House. Oct. 10, considered and passed Senate.

�


text:
Page:United States Statutes at Large Volume 98 Part 3.djvu/773

 PUBLIC LAW 98-600—OCT. 30, 1984

98 STAT. 3145

Public Law 98-600 98th Congress An Act To amend the Panama Canal Act of 1979 to authorize quarters allowances for certain employees of the Department of Defense serving in the area formerly known as the Canal Zone.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) subchapter II of chapter 2 of title I of the Panama Canal Act of 1979 is amended by adding after section 1217 the following new section:

Oct. 30, 1984 [H.R. 6101]

Housing.

"QUARTERS ALLOWANCES

"SEC. 1217a. (a) Notwithstanding paragraphs (2) and (3) of section 1211 of this Act, as used in this section— "(1) 'position' means a civilian position; and "(2) 'employee' means an individual serving in a position in the Department of Defense whose permanent duty station is in the area which, before October 1, 1979, was known as the Canal Zone. "(b) Under regulations prescribed by or under authority of the President, the Department of Defense may grant a quarters allowance in the case of— "(1) any employee who is a citizen of the United States and who, before October 1, 1979, was employed by the Panama Canal Company, the Canal Zone Government, or any other agency, in the area then known as the Canal Zone; and "(2) any other employee who is a citizen of the United States and who (before, on, or after the effective date of this section) is or was recruited within the United States; for whom adequate Government owned or leased quarters are not made available. "(c) The amount of any quarters allowance granted to an employee under this section shall be determined in accordance with the regulations prescribed under subsection (b) of this section, except that such allowance for any period may not exceed the amount, if any, by which— "(1) the lesser of— "(A) the actual expenses for rent and utilities incurred by the employee during such period while occupying quarters other than Government owned or leased quarters; or "(B) the maximum amount which would be authorized for such employee with respect to such period under the Department of State Standardized Regulations (Government Civilians, Foreign Areas) if such employee were covered by those regulations; exceeds "(2) the estimated total cost of rent and utilities which the employee would have been charged if Government owned or leased quarters had been provided on a rental basis during such period.

22 USC 3657a.

President of U.S.

Utilities.

�


text:
Page:United States Statutes at Large Volume 98 Part 3.djvu/774

 98 STAT. 3146

PUBLIC LAW 98-600—OCT. 30, 1984

"(d) The provisions of this section shall apply without regard to whether any election by the Department of Defense under section 121203) of this Act is then in effect.". (b) The table of contents for the Panama Canal Act of 1979 is amended by inserting after the item relating to section 1217 the following new item: "1217a. Quarters allowances.".

Effective date. 22 USC 3657a ^°^^-

SEC. 2. The amendments made by this Act shall take effect on October 1, 1984, and shall apply with respect to utility costs incurred, and rent payable for any period beginning, on or after that date. Approved October 30, 1984.

LEGISLATIVE HISTORY—H.R. 6101: HOUSE REPORT No. 98-1077, Pt. 1 (Comm. on Merchant Marine and Fisheries). CONGRESSIONAL RECORD, Vol. 130 (1984): Oct. 1, considered and passed House. Oct. 5, considered and passed Senate.

�


text:
Page:United States Statutes at Large Volume 98 Part 3.djvu/775

 PUBLIC LAW 98-601—OCT. 30, 1984

98 STAT. 3147

Public Law 98-601 98th Congress An Act To amend the Tax Equity and Fiscal Responsibility Act of 1982 with respect to the effect of the 1985 increase in the Federal unemployment tax rate on certain snuall business provisions contained in State unemployment compensation laws.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) the subsection (b) of section 271 of the Tax Equity and Fiscal Responsibility Act of 1982, relating to effective dates for such section, is redesignated as subsection (d) and is amended by adding at the end thereof the following new paragraph: "(4) TRANSITIONAL RULE FOR CERTAIN SMALL BUSINESSES.— "(A) IN GENERAL.—Notwithstanding section 3303 of the Internal Revenue Code of 1954, in the case of taxable years beginning after December 31, 1984, and before January 1, 1989, a taxpayer shall be allowed the additional credit under section 3302(b) of such Code with respect to any employee covered by a qualified small business provision if the requirements of subparagraph (B) are met with respect to such employee. "(B) REQUIREMENTS.—The requirements of this subparagraph are met for any taxable year with respect to any employee covered by a qualified small business provision if the amount of contributions required to be paid for the taxable year to the unemployment fund of the State with respect to such employee are not less than the product of the required rate multiplied by the wages paid by the employer during the taxable year. (C) REQUIRED RATE.—For purposes of subparagraph (B), the required rate for any taxable year is the sum of— (i) 3.1 percent, plus "(ii) the applicable percentage (as defined in paragraph (3)(D)) of the excess of 5.4 percent over the rate described in clause (i). "(D) QUALIFIED SMALL BUSINESS PROVISION.—For purposes of this paragraph, the term 'qualified small business provision' means a provision contained in a State unemployment compensation law (as in effect on the date of the enactment of this paragraph) which provides a maximum rate at which an employer is subject to contribution for wages paid during a calendar quarter if the total wages paid by such employer during such calendar quarter are less than $50,000. "(E) DEFINITION.—For purposes of this paragraph, the term 'wages' means the remuneration subject to contributions under the State unemployment compensation law, except that for purposes of subparagraph (D) the amount of

Q-X QQ ^004 ' [H.R. 6112]

26 USC 3301 note, 3302 note, 26 USC 3302 note. 26 USC 3303.

�


text:
Page:United States Statutes at Large Volume 98 Part 3.djvu/776

 98 STAT. 3148

Effective date. 26 USC 3302

PUBLIC LAW 98-601—OCT. 30, 1984

total wages paid by an employer shall be determined without regard to any limitation on the amount subject to contribution." (b) The amendment made by subsection (a) shall apply to remuneration paid after December 31, 1984. Approved October 30, 1984.

LEGISLATIVE HISTORY—H.R. 6112: HOUSE REPORT No. 98-1043 (Comm. on Ways and Means). CONGRESSIONAL RECORD, Vol. 130 (1984): Oct. 1, considered and passed House. Oct. 11, considered and passed Senate.

�


text:
Page:United States Statutes at Large Volume 98 Part 3.djvu/777

 PUBLIC LAW 98-602-OCT. 30, 1984

98 STAT. 3149

Public Law 98-602 98th Congress An Act To provide for the use and distribution of certain funds awarded the Wyandotte Tribe of Oklahoma and to restore certain mineral rights to the Three Affiliated Tribes of the Fort Berthold Reservation.

Q^.^ 3Q j^9g4 ' [HR- 6221]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, TITLE I—WYANDOTTE TRIBE OF OKLAHOMA ABROGATION OF PRIOR PLAN; REPEAL OF PRIOR DISTRIBUTION OF JUDGMENT FUNDS ACT

SEC. 101. (a) Notwithstanding the Act entitled "An Act to provide for the use and distribution of funds appropriated in satisfaction of certain judgments of the Indian Claims Commission and the United States Court of Claims, and for other purposes." and approved October 19, 1973 (25 U.S.C. 1401, et seq.), or any other regulation or plan promulgated by the Secretary pursuant to such Act, the funds appropriated in satisfaction of the judgments awarded to the Wyandotte Tribe of Oklahoma in— (1) docket numbered 139 before the Indian Claims Commission, (2) docket numbered 141 before the United States Court of Claims, and (3) dockets numbered 212 and 213 before the United States Claims Court, (other than funds appropriated for the payment of attorney fees or litigation expenses) and any interest or investment income accrued or accruing (on or before the date of the allocation of funds pursuant to section 103(b)) on the amount of such judgments shall be used and distributed as provided in this title. (b) The Act entitled "An Act to provide for the use and distribution of funds to the Wyandotte Tribe of Indians in docket 139 before the Indian Claims Commission and docket 141 before the United States Court of Claims, and for other purposes." and approved December 20, 1982, is hereby repealed. PREPARATION OF THE ROLL OF MEMBERS OF THE WYANDOTTE TRIBE OF OKLAHOMA AND THE ROLL OF ABSENTEE WYANDOTTES

SEC. 102. (a) In accordance with such procedures as may be adopted by the tribal governing body of the Wyandotte Tribe of Oklahoma and approved by the Secretary of the Interior (hereinafter in this Act referred to as the "Secretary"), such tribal governing body shall take such steps as may be necessary to ensure that the roll of members of such tribe includes all members of the tribe born on or before the date of the enactment of this Act. (b)(1) The Secretary shall prepare a roll of all individuals who—

Repeal. 96 Stat. 1813.

�


text:
Page:United States Statutes at Large Volume 98 Part 3.djvu/778

 98 STAT. 3150

Federal Register, publication.

PUBLIC LAW 98-602—OCT. 30, 1984

(A) were born on or before the date of the enactment of this Act, (B) are alive on the date of the enactment of this Act, and (C) are listed in, or are lineal descendants of individuals listed in, the compilation entitled "Census of Absentee or Citizen Wyandotte Indians" compiled by Joel T. Olive and dated November 18, 1896 (as corrected by W.A. Richards, Commissioner of the General Land Office, in a circular dated October 28, 1904). (2) Applications for enrollment of individuals under paragraph (1) may be filed with the Secretary (in such manner as the Secretary shall prescribe) before the end of the 90-day period beginning on the date of the enactment of this Act. (3)(A) The Secretary shall determine whether an individual who filed an application under paragraph (2) is eligible to be enrolled under paragraph (1). The initial determination of the Secretary with respect to the enrollment of any such individual shall be made before the end of the 180-day period beginning on the date of the enactment of this Act. The final determination of the Secretary with respect to the enrollment of any such individual shall not be reviewable in any court. (B) Any review by the Secretary of an initial determination of the Secretary with respect to the enrollment of any individual under paragraph (1) shall not delay the allocation of funds pursuant to section 1030t)) or any distribution of funds under section 104 or 105. (4) The Secretary shall publish, in the Federal Register and in such local media as the Secretary may determine to be appropriate, notice of— (A) the provisions of this title that provide for a per capita distribution to Absentee Wyandottes and their descendants, (B) the preparation of the roll described in paragraph (1), and (C) the procedures established pursuant to paragraph (2) for filing applications for enrollment on such roll and the final date on which such applications may be filed with the Secretary. ALLOCATION OF FUNDS TO THE WYANDOTTE TRIBE OF OKLAHOMA AND THE ABSENTEE WYANDOTTES

SEC. 103. (a) Before the end of the 90-day period beginning on the later of— (1) the date by which any action required under section 102(a) relating to the roll of members of the tribe is completed, or (2) the date on which the roll prepared by the Secretary pursuant to section 102G)) is completed, the Secretary shall divide the funds described in section 101 between the Wyandotte Tribe of Oklahoma and the Absentee Wyandottes (as a group) in the manner provided in subsection (b). (b) The Secretary shall allocate to the Wyandotte Tribe and to the Absentee Wyandottes an amount which bears the same proportion to the total amount of the funds described in section 101 as the number of individuals listed on the roll referred to in subsection (a)(l) or (a)(2), as the case may be, who are living on the date of the enactment of this Act bears to the sum of the numbers of individuals on each such roll who are living on such date.

�


text: Author:Charles Morris Woodford

title: Author:Charles Morris Woodford


text:
Page:United States Statutes at Large Volume 98 Part 3.djvu/779

 PUBLIC LAW 98-602—OCT. 30, 1984

98 STAT. 3151

DISTRIBUTION TO ABSENTEE WYANDOTTES

SEC. 104. The funds allocated to the Absentee Wyandottes and their descendants pursuant to section 1030)) shall be distributed in the form of per capita payments, in sums as equal as possible, to each individual listed on the roll prepared by the Secretjiry pursuant to section 1020t)). DISTRIBUTION TO WYANDOTTE TRIBE OF OKLAHOMA

SEC. 105. (a) Eighty percent of the funds allocated to the Wyandotte Tribe of Oklahoma pursuant to section 1030?) shall be distributed in the form of per capita payments, in sums as equal as possible, to each member of such Tribe who— (1) was born on or before the date of the enactment of this Act, and (2) is living on such date. 0)) Twenty percent of the funds allocated to the Wyandotte Tribe of Oklahoma pursuant to section 1O301)) shall be used and distributed in accordance with the following general plan: (1) A sum of $100,000 of such funds shall be used for the purchase of real property which shall be held in trust by the Secretary for the benefit of such Tribe. (2) The amount of such funds in excess of $100,000 shall be held in trust by the Tribal Business Committee of such Tribe for the benefit of such Tribe. (3) Any interest or investment income accruing on the funds described in paragraph (2) may be used by the Tribal Business Committee of such Tribe for any of the following purposes: (A) Education of the members of such Tribe (including grants-in-aid or scholarships). (B) Medical or health needs of the members of such Tribe (including prosthetics). (C) Economic development for the benefit of such Tribe. (D) Land purcheises for the use and benefit of such Tribe. (E) Investments for the benefit of such Tribe. (F) Tribal cemetery maintenance. (G) Tribal building maintenance. (H) Tribal administration. (c)(1) Except as provided in paragraph (2) and notwithstanding any other provision of law, the approval of the Secretary for any payment or distribution by the Wyandotte Tribe of Oklahoma of any funds described in subsection (b) (on or after the date such funds are allocated pursuant to section 103(b)) shall not be required and the Secretary shall have no further trust responsibility for the investment, supervision, administration, or expenditure of such funds. (2) The Secretary may take such action as the Secretary may determine to be necessary and appropriate to enforce the requirements of this title. MANNER OF PER CAPITA DISTRIBUTION; TREATMENT OF AMOUNTS PAID OR DISTRIBUTED

SEC. 106. (a) Any payment of a per capita share of funds to which a living, competent adult is entitled under this title shall be pmd directly to such adult.

�


text:
Page:United States Statutes at Large Volume 98 Part 3.djvu/780

 98 STAT. 3152

25 USC 1403.

Fort Berthold Reservation Mineral Restoration Act. Public lands.

PUBLIC LAW 98-602—OCT. 30, 1984

(b) Any per capita share of funds to which a deceased individual is entitled under this title shall be paid, and the beneficiaries thereof determined, under regulations prescribed by the Secretary. (c) Any per capita share of funds to which a legally incompetent individual or a minor is entitled under this Act shall be paid in accordance with the requirements of section 3(b)(3) of the Act entitied "An Act to provide for the use and distribution of funds appropriated in satisfaction of certain judgments of the Indian Claims Commission and the United States Court of Claims, and for other purposes." and approved October 19, 1973 (25 U.S.C. 1401, et seq.). (d) None of the funds distributed per capita under this title or made available under this title for any tribal program shall be— (1) subject to Federal, State, or local income taxes, or (2) considered as income or resources in determining either eligibility for, or the amount of assistance under— (A) the Social Security Act, or (B) in the case of any per capita share of $2,000 or less, any other Federal, State, or local programs. TITLE II—FORT BERTHOLD RESERVATION MINERAL RESTORATION SEC. 201. This title may be cited as the "Fort Berthold Reservation Mineral Restoration Act. SEC. 202. (a) Subject to the provisions of this title, all mineral interests in the lands located within the exterior boundaries of the Fort Berthold Indian Reservation which— (1) were acquired by the United States for the construction, operation, or maintenance of the Garrison Dam and Reservoir Project, and (2) are not described in subsection (b), are hereby declared to be held in trust by the United States for the benefit and use of the Three Affiliated Tribes of the Fort Berthold Reservation. (b) The provisions of subsection (a) shall not apply with respect to— (1) lands located in township 152 north or township 151 north of range 93 west of the 5th principal meridian which lie east of the former Missouri River, and (2) lands located in any of the following townships: township 152 north and township 151 north of range 92 west of the 5th principal meridian; township 152 north and township 151 north of range 91 west of the 5th principal meridian; township 152 north and township 151 north of range 90 west of the 5th principal meridian; township 152 north, township 151 north, township 150 north, and township 149 north of range 89 west of the 5th principal meridian; township 152 north, township 151 north, township 150 north, and township 149 north of range 88 west of the 5th principal meridian; and township 152 north, township 151 north, township 150 north, and township 149 north of range 87 west of the 5th principal meridian. SEC. 203. Any exploration, development, production, or extraction of minerals conducted with respect to any mineral interest described in section 202(a) shall be conducted in accordance with such regulations as the Secretary of the Army shall prescribe in order to— (1) protect the Garrison Dam and Reservoir, or

�


text:
Page:United States Statutes at Large Volume 98 Part 3.djvu/781

 PUBLIC LAW 98-602—OCT. 30, 1984

98 STAT. 3153

(2) carry out the purposes of the Garrison Dam and Reservoir Project. SEC. 204. (a) Nothing in this title shall deprive any person (other than the United States) of any right, interest, or claim which such person may have in any minerals prior to the enactment of this Act. (b) The United States may renew or extend any lease, license, permit, or contract with respect to any mineral interest describedl in section 202(a) after the date of enactment of this Act only if— (1) the governing body of the Three Affiliated Tribes of the Fort Berthold Reservation approves of such renewal or extension, or (2) the holder of such lease, license, or permit or a party to such contract (other than the United States) had the right to renew or extend such lease, license, permit, or contract prior to the date of enactment of this Act and such holder or party exercises such right of renewal or extension. (c) All rentals, royalties, and other payments with respect to smy mineral interest described in section 202(a) accruing to the United States after the date of enactment of this Act shall be held in trust by the United States for the benefit and use of the Three Affiliated Tribes of the Fort Berthold Reservation. SEC. 205. Public Law 87-695 is amended— (1) by striking out "such former Indian land" and inserting in lieu thereof "such land", (2) by striking out "Subject" in the first sentence and inserting in lieu thereof "That (a) subject", and (3) by adding at the end thereof the following new subsection: "Ob) Subsection (a) shall not apply with respect to any lands described in section 20203) of the Fort Berthold Reservation Mineral Restoration Act.". SEC. 206. (a) The Secretary of the Army and the Secretary of the Interior may enter into agreements for the transfer to the United States of any land located near the Garrison Dam and Reservoir Project which is held in trust for the benefit of the Three Affiliated Tribes of the Fort Berthold Reservation or any individual Indian if such agreement is approved— (1) in the case of land held for the benefit of such tribes, by the governing body of such tribes, or (2) in the case of land held for the benefit of any individual Indian, by the individual or individuals holding a majority of the beneficial interest in such land. Any land transferred to the United States under the preceding sentence shall be treated as land acquired for the operation and maintenance of the Garrison Dam and Reservoir Project. (b) The Secretary of the Army and the Secretary of the Interior may enter into agreements under which any land within the exterior boundaries of the reservation acquired by the United States for the construction, maintenance, or operation of the Garrison Dam and Reservoir Project that is no longer needed for such purposes; is declared to be held by the United States in trust for the benefit of the Three Affiliated Tribes of the Fort Berthold Reservation. SEC. 207. The provisions of this title, and of any agreement entered into under section 206, shall not be taken into account under section 2 of title I of the Second Deficiency Appropriation Act, fiscal year 1935 (25 U.S.C. 475a) or section 2 of the Act of August 13, 1946 (60 Stat. 1050) for purposes of determining any offset or counterclaim.

76 Stat. 594.

Ante, p. 3152.

25 USC 70 note.

�


text:
Page:United States Statutes at Large Volume 98 Part 3.djvu/782

 98 STAT. 3154

PUBLIC LAW 98-602—OCT. 30, 1984

SEC. 208. To the extent that there are net proceeds from the development of any mineral interests described in section 202(a) of this Act, in excess of $300,000 the Three Affiliated Tribes of the Fort Berthold Reservation shall reimburse the United States the fixed sum of $300,000 from such proceeds. This reimbursement shall be deemed full reimbursement for any and all payments from the United States that the Three Affiliated Tribes received for the mineral estate, or any portion thereof, described in section 202(a) of this Act. Approved October 30, 1984.

LEGISLATIVE HISTORY—H.R. 6221 (S. 2824): HOUSE REPORT No. 98-1067 (Comm. on Interior and Insular Affairs). SENATE REPORT No. 98-609 accompanying S. 2824 (Comm. on Indian Affairs). CONGRESSIONAL RECORD, Vol. 130 (1984): Sept. 24, considered and passed House. Oct. 2, considered and passed Senate, amended. Oct 4, House concurred in Senate amendments.

�


text:
Page:United States Statutes at Large Volume 98 Part 3.djvu/783

 PUBLIC LAW 98-603—OCT. 30, 1984

98 STAT. 3155

Public Law 98-603 98th Congress An Act Entitled: "The San Juan Basin Wilderness Protection Act of 1984".

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, TITLE I—SAN JUAN BASIN SEC. 101. This Act may be cited as the "San Juan Basin Wilderness Protection Act of 1984". SEC. 102. (a) In furtherance of the purposes of the Wilderness Act (16 U.S.C. 1131-1136), the following lands are hereby designated as wilderness, and, therefore, as components of the National Wilderness Preservation System— (1) certain lands in the Albuquerque District Bureau of Land Management, New Mexico, which comprise approximately three thousand nine hundred and sixty-eight acres, as generally depicted on a map entitled "Bisti Wilderness—Proposed", dated June 1983, and which shall be known as the Bisti Wilderness; and (2) certain lands in the Albuquerque District of the Bureau of Land Management, New Mexico, which comprise approximately twenty-three thousand eight hundred and seventy-two acres, as generally depicted on a map entitled "De-na-zin Wilderness— Proposed", dated June 1983, and which shall be known as the De-na-zin Wilderness. (h) Subject to valid existing rights each wilderness area designated by this Act shall be administered by the Secretary of the Interior in accordance with the provisions of the Wilderness Act, except that any reference in such provisions to the effective date of the Wilderness Act (or any similar reference) shall be deemed to be a reference to the effective date of this Act, and any reference to the Secretary of Agriculture shall be deemed to be a reference to the Secretary of the Interior. (c) As soon as practicable after enactment of this Act, a map and a legal description of each wilderness area designated by this Act shall be filed by the Secretary of the Interior with the Committee on Energy and Natural Resources of the United States Senate and the Committee on Interior and Insular Affairs of the House of Representatives. Each such map and description shall have the same force and effect as if included in this Act, except that correction of clerical and typographical errors in each such legal description and map may be made by the Secretary subsequent to such filings. Each such map and legal description shall be on file and available for public inspection in the Office of the Director of the Bureau of Land Management, Department of the Interior. (d) Within the wilderness areas designated by this Act, the gr;azing of livestock, where established prior to the date of enactment of this Act, shall be permitted to continue subject to such reasonable

Oct. 30, 1984 [H.R. 6296] San Juan Basin Wilderness Protection Act of 1984. National Wilderness Preservation System. National Forest System. 16 USC 1132 note.

16 USC 1132 note.

16 USC 1131 note.

Public availability.

Livestock.

�


text:
Page:United States Statutes at Large Volume 98 Part 3.djvu/784

 STAT. 3156

16 USC 1131 note.

Regulations.

Study.

Public lands.

16 USC 1131. 43 USC 1702.

PUBLIC LAW 98-603—OCT. 30, 1984

regulations, policies, and practices as the Secretary of the Interior deems necessary, as long as such regulations, policies, and practices fully conform with and implement the intent of Congress regarding grazing in such areas as such intent is expressed in the Wilderness Act and this Act. SEC. 103. (a) In recognition of its paramount aesthetic, natural, scientific, educational, and paleontological values, the approximately two thousand seven hundred and twenty acre area in the Albuquerque District of the Bureau of Land Management, New Mexico, known as the "Fossil Forest", as generally depicted on a map entitled "Fossil Forest", dated June 1983, is hereby withdrawn, subject to valid existing rights, from all forms of appropriation under the mining laws and from disposition under all laws pertaining to mineral leasing and geothermal leasing and all amendments thereto. The Secretary of the Interior shall administer the area in accordance with the Federal Land Policy and Management Act and shall take such measures as are necessary to ensure that no activities are permitted within the area which would significantly disturb the land surface or impair the area's existing natural, educational, and scientific research values, including paleontological study, excavation, and interpretation. (b) Within one year of the date of enactment of this Act the Secretary of the Interior shall promulgate rules and regulations for the administration of the Fossil Forest area referred to in subsection (a) in accordance with the provisions of this Act and shall file a copy of such rules and regulations with the Committee on Interior and Insular Affairs of the United States House of Representatives and the Committee on Energy and Natural Resources of the United States Senate. (c) The Bureau of Land Management is hereby directed to conduct a long-range study of the Fossil Forest to determine how best to manage the area's resource values identified in section 103(a) of this Act. Within eight years of enactment of this Act, the Secretary shall forward the study results and management plan for the area to Congress. During the study period and until Congress determines otherwise, the Fossil Forest area shall be managed under the provisions of this Act. SEC. 104. (a) The Secretary of the Interior shall exchange such public lands or interest in such lands, mineral or nonmineral, as are of approximately equal value and selected by the State of New Mexico, acting through its commissioner of public lands, for any State lands or interest therein, mineral or nonmineral, located within the boundaries of any of the tracts designated as wilderness under section 2. For the purpose of this section, the term public lands shall have the same meaning as defined in section 103(c) of the Federal Lands Policy and Management Act of 1976. (b) Within one hundred and twenty days of enactment of this Act, the Secretary of the Interior shall give notice to the New Mexico Commissioner of Public Lands of the tracts to be designated as wilderness pursuant to section 102 of this Act and of the Secretary's duty to exchange public lands selected by the State for any State land contained within the boundaries of the designated wilderness areas. Such notice shall contain a listing of all public lands which are located within the boundaries of the State, which have not been withdrawn from entry and which the Secretary identifies as being available to the State in exchange for such State lands as may be within the designated wilderness areas.

�


text:
Page:United States Statutes at Large Volume 98 Part 3.djvu/785

 PUBLIC LAW 98-603—OCT. 30, 1984

98 STAT. 3157

(c) The value of the State and public lands to be exchanged under this section shall be determined as of the date of enactment of this Act. (d) After the receipt of the list of available public lands, if the commissioner of public lands gives notice to the Secretary of the State's selection of lands, the Secretary shall notify the State in writing as to whether the Department of the Interior considers the State and Federal lands to be of approximately equal value. In case of disagreement between the Secretary and the commissioner as to relative value of the acquired and selected lands, the Secretary and the commissioner shall agree on the appointment of a disinterested independent appraiser who will review valuation data presented by both parties and determine the amount of selected land which best represents approximate equal value. Such determination will be binding on the Secretary and the commissioner. The transfer of title to lands or interests therein to the State of New Mexico shall be completed within two years of the date of enactment of this Act. SEC. 105. (a) The Secretary of the Interior shall exchange any lands held in trust for an Indian whose lands are located within the boundary of the De-na-zin area referred to in section 102(a)(2) at the request of the Indian for whom such land is held in trust. Such lands shall be exchanged for lands approximately equal in value selected by the Indian allottee concerned and such lands so selected and exchanged shall thereafter be held in trust by the Secretary in the same manner as the lands for which they were exchanged. (b) Except as provided herein, nothing in this Act shall affect the transfer to the Navajo Tribe of any lands selected by the Navajo Tribe pursuant to Public Law 93-531 and Public Law 96-305: Provided, however, That, notwithstanding the limitations imposed by section 4 of Public Law 96-305, within eighteen months after the date of enactment of this Act, the Navajo Tribe, after consultation with the Relocation Commission, shall have the authority to and shall select lands in New Mexico administered by the Bur(au of Land Management of equal acreage in lieu of the lands which have been previously selected by the Navajo Tribe within the boundaries of the Fossil Forest, as described in section 103(a) of this Act. A border of any parcel of land so selected shall be within eighteen miles of the boundary of the Navajo Reservation described in Executive order dated January 6, 1880. (c) Title to such in lieu selections shall be taken in the name of the United States in trust for the benefit of the Navajo Tribe as a part of the Navajo Reservation, and shall be subject only to valid existing rights as of December 1, 1983. SEC. 106. Section 11(a) of Public Law 93-531 (25 U.S.C. 640d-10) is amended— (1) in paragraph (1) by striking out the last sentence, which begins "Such lands"; (2) by inserting after paragraph (2) the following: "Subject to the provisions of the following sentences of this subsection, all rights, title and interests of the United States in the lands described in paragraph (1), including such interests the United States as lessor has in such lands under the Mineral Leasing Act of 1920, as amended, will, subject to existing leasehold interests, be transferred without cost to the Navajo Tribe and title thereto shall be taken by the United States in trust for the benefit of the Navajo Tribe as a part of the Navajo Reservation. So long as selected lands coincide with pending noncompetitive

Indians.

25 USC 640d et seq., 640d note. 25 USC 640d-10.

Mines and mining.

30 USC 181 note.

�


text:
Page:United States Statutes at Large Volume 98 Part 3.djvu/786

 98 STAT. 3158

PUBLIC LAW 98-603—OCT. 30, 1984

30 USC 181 note.

coal lease applications under the Mineral Leasing Act of 1920, as amended, the Secretary may not transfer any United States interests in such lands until the noncompetitive coal lease applications have been fully adjudicated. If such adjudication results in issuance of Federal coal leases to the applicants, such transfer shall be subject to such leases. The leaseholders rights and interests in such coal leases will in no way be diminished by the transfer of the rights, title and interests of the United States in such lands to the Navajo Tribe. If any selected lands are subject to valid claims located under the Mining Law of 1872 the transfer of the selected lands may be made subject to those claims."; and (3) by inserting the following new paragraph: "(2) Those interests in lands acquired in the State of New Mexico by the Navajo Tribe pursuant to subsection 2 of this section shall be subject to the right of the State of New Mexico to receive the same value from any sales, bonuses, rentals, royalties and interest charges from the conveyance, sale, lease, development, and production of coal as would have been received had the subsurface interest in such lands remained with the United States and been leased pursuant to the Mineral 30 USC 181 note. Lands Leasing Act of 1920, as amended, or any successor Act; or otherwise developed. The State's interest shall be accounted for in the same manner as it would have been if a lease had issued pursuant to the Mineral Lands Leasing Act of 1920, as amended.". Public lands. SEC. 107. (a) Subject to valid existing rights and except as provided in subsection (b), the Secretary of the Interior is authorized and directed to convey to the New Mexico State University, Las Cruces, New Mexico, at a cost of $2.50 per acre, all right, title, and interest of the United States in and to the following described public lands aggregating approximately 5,711.39 acres in Dona Ana County, New Mexico, to be used for the purpose of conducting educational, demonstrative, and experimental development with livestock, grazing methods, and range forage plants and other agricultural related research: New Mexico Principal Meridian Township 20 south, range 1 east Sections 16, 32, and 36, all. Township 21 south, range 1 east Sections 2, and 16, all. Township 20 south, range 1 west Sections 2, and 16, all. Section 26, north half northeast quarter, northeast quarter northwest quarter; Section 32, north half, north half southwest quarter, north half southeast quarter, southeast quarter southeast quarter; and Section 36, all. (b) There are reserved to the United States all minerals that may be found in the lands described in subsection (a), together with the right of the United States, its permittees, lessees, or grantees, at any time, to prospect for, mine and remove such minerals. (c) In the event that the lands described in subsection (a), or any part thereof, are used for any purpose other than those for which conveyance is authorized, title to the entire tract shall immediately

�


text: Author:John Francis Woodhull

title: Author:John Francis Woodhull


text:
Page:United States Statutes at Large Volume 98 Part 3.djvu/787

 PUBLIC LAW 98-603—OCT. 30, 1984

98 STAT. 3159

revert to the United States without the necessity for further action to accomplish the reversion of title to the United States. SEC. 108. In order to relieve the Elephant Butte Irrigation District of any obligation to reimburse the Bureau of Reclamation for leave and severance payments to certain employees of the Rio Grande project separated as a result of the transfer of operation and maintenance responsibilities to the Elephant Butte District, miscellaneous revenues having been collected by the Bureau of Reclamation from the sale or lease of project lands, interests in lands or other sources may be credited to the Elephant Butte Irrigation District for such leave and severance payments and accrued interest penalties on the district's obligations. Penalties shall be assessed up till September 23, 1983. SEC. 109. An approximate twenty-acre area as shown on a map entitled Sandia Mountain Wilderness additions, dated March 26, 1981, on file in the Office of the Chief of the Forest Service, Department of Agriculture, is hereby added to and made a part of the Sandia Mountain Wilderness: Provided, That the Secretary of Agriculture may allow the continuance of the existing diversion dam and existing related facilities conforming to the terms and conditions of maintenance he deems appropriate, including the provision for access and the use of mechanized equipment only for construction and maintenance of existing structures: Provided further, That any upgrading of the existing diversion dam shall be completed within four years of the date of this section in accord with the plans approved by the Secretary of Agriculture. The Secretary of Agriculture may extend the time of such reconstruction if he deems such extension is necessary and in the public interest. SEC. 110. (a)(1) The Secretary of the Interior (hereafter in this section referred to as the "Secretary") may convey to Sumner Lake Corporation of the State of New Mexico all right, title, and interest of the United States in and to the real property described in paragraph (2), but such conveyance to such corporation may be made only in the event that the State of New Mexico has given a written release to the United States Government from the State's lease of such property. (2) The real property referred to in paragraph (1) is located in Lake Sumner State Park, in the State of New Mexico, and is more particularly described as follows: all portions of sections 28 and 34 in township 5 north, range 24 east, that are more than 4,280 feet above sea level. The acreage and legal description of such real property shall be determined by the Secretary after consulting with Sumner Lake Corporation. (b)(l) In consideration for the conveyance authorized in subsection (a), Sumner Lake Corporation shall pay to the Secretary for deposit in the United States Treasury the fair market value of the real roperty conveyed as determined on the date of such conveyance, uch fair market value shall be determined by the Secretary by means of an appraisal conducted in accordance with established appraisal procedures. (2) Any administrative cost incurred by the Secretary incident to any conveyance under subsection (a), including any surveying cost, recording cost, or legal cost, shall be reimbursed by Sumner Lake Corporation. (c)(1) Any conveyance under subsection (a) shall reserve to the United States all oil, coal, and other minerals in the real property conveyed, and the right to prospect for, mine, and remove such oil.

g

Penalties. Public lands.

Dam.

Public lands.

�


text:
Page:United States Statutes at Large Volume 98 Part 3.djvu/788

 98 STAT. 3160

PUBLIC LAW 98-603—OCT. 30, 1984

coal, and other minerals. Any damage sustained by any surface owner as a result of the exercise of any right reserved in this paragraph shall be reimbursed by the United States or the lessee of such right. (2) Any conveyance under subsection (a) shall not affect any easement, servitude, or right-of-way existing with respect to the real property conveyed on the date of such conveyance. (3) The Secretary may attach to any conveyance under subsection (a) any additional conditions and reservations that the Secretary determines to be appropriate. Approved October 30, 1984.

LEGISLATIVE HISTORY—H.R. 6296 (H.R. 3766): HOUSE REPORT No. 98-834 accompanying H.R. 3766 (Comm. on Interior and Insular Affairs). CONGRESSIONAL RECORD, Vol. 130 (1984): June 18, H.R. 8766 considered and passed House. Oct. 3, considered and passed House. Oct. 5, considered and passed Senate, amended; House concurred in Senate amendments.

�


text:
Page:United States Statutes at Large Volume 98 Part 3.djvu/789

 PUBLIC LAW 98-604—OCT. 30, 1984

98 STAT. 3161

Public Law 98-604 98th Congress An Act To ensure the payment in 1985 of cost-of-living increases under the OASDI program in title II of the Social Security Act, and to provide for a study of certain changes which might be made in the provisions authorizing cost-of-living adjustments under that program.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That (a) in determining whether the base quarter ending on September 30, 1984, is a cost-of-living computation quarter for the purposes of the cost-ofliving increases under sections 215(i) and 1617 of the Social Security Act, the phrase "is 3 percent or more" appearing in section 215(i)(l)(B) of such Act shall be deemed to read "is greater than zero" (and the phrase "exceeds, by not less than 3 per centum, such Index" appearing in section 215(i)(l)(B) of such Act as in effect in December 1978 shall be deemed to read "exceeds such Index"). Oo) For purposes of section 215(i) of such Act, the provisions of subsection (a) shall not constitute a "general benefit increase". SEC. 2. The Office of the Actuary of the Social Security Administration shall conduct a study of improvements which might be made in the application and operation of the cost-of-living adjustment provisions in section 215(i) of the Social Security Act, giving particular attention to— (1) the long-term effects of altogether eliminating the COLA trigger (the provision which requires that the CPI increase percentage (or the wage increase percentage) reach a specified level in order to trigger a cost-of-living adjustment in benefits); (2) the long-term effects of reducing the level of the COLA trigger from 3 per centum to 1 per centum; (3) long-term assumptions (explained in detail) concerning the frequency of instances in which the applicable increase percentage would be less than 3 per centum, the frequency of instances in which such percentage would be less than 1 per centum, and the frequency of deflationary periods in which there would be no increase in such percentage; and (4) an analysis of the period currently being used to measure CPI and wage increases, and the long-term effects of changing such period so as to make it noncumulative or to use different calendar quarters.

Oct. 30, 1984 [H.R. 6299]

Aged persons. 42 USC 415 note. 97 Stat. 73. 42 USC 415^

42 USC 1382f.

study.

�


text:
Page:United States Statutes at Large Volume 98 Part 3.djvu/790

 98 STAT. 3162 Report.

PUBLIC LAW 98-604—OCT. 30, 1984

The Office of the Actuary shall submit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate, on or before September 1, 1985, a full and complete report of the study conducted under this section. Approved October 80, 1984.

LEGISLATIVE HISTORY—H.R. 6299: HOUSE REPORT No. 98-1099 (Comm. on Ways and Means). CONGRESSIONAL RECORD, Vol. 130 (1984): Oct. 2, considered and passed House. Oct. 11, considered and passed Senate.

�


text:
Page:United States Statutes at Large Volume 98 Part 3.djvu/791

 PUBLIC LAW 98-605—OCT. 30, 1984

98 STAT. 3163

Public Law 98-605 98th Congress An Act To make certain technical corrections in various Acts relating to the Osage Tribe of Indians of OklsQioma.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SHORT TITLE SECTION 1. This Act may be cited as the "Osage Tribe of Indians Technical Corrections Act of 1984".

Oct. 30, 1984 [H.R. 6303] " Osage Tribe of Indians Technical Corrections Act of 1984.

AMENDMENTS TO THE OSAGE INDIAN ACT OF 1978

SEC. 2. (a) Section 2(a) of the Act approved October 21, 1978, and entitled "An Act to amend certain laws relating to the Osage Tribe of Oklahoma, and for other purposes." (92 Stat. 1660) is amended by striking out "June 26, 1906 and inserting in lieu thereof "June 28, 1906". (b) Section 5(7) of such Act is amended by striking out "(7)" and inserting in lieu thereof "(c)". (c) Section 5(d) of such Act is amended to read as follows: "(d)(1) Notwithstanding any provision of— "(A) section 3 or 8 of the Osage Indians Act of 1912 (as amended by subsections (b) and (a), respectively), or "(B) section 7 of the Osage Indians Act of 1925 (as amended by subsection (c)), any sale or transfer or any disposition by any other means of any headright shall be subject to section 7 of this Act. "(2) Notwithstanding section 6(a) of this Act or section 8 of the Osage Indians Act of 1912, no Osage Indian may— "(A) provide for the transfer of any interest of such person in any headright— "(i) by will to any person which is not an individual, or "(ii) by the establishment of an inter vivos trust for the benefit of any person which is not an individual; or "(B) provide, whether by the terms of a will, the terms of a testamentary trust established by a will, or by the terms of an instrument establishing an inter vivos trust, that any interest in any headright— "(i) which such Osage Indian had (at the time of death of such person or at the time any such inter vivos trust was established), and "(ii) in which any individual was granted a life estate by such Oseige Indian, may be transferred to or held for the benefit of any individual who is not an Osage Indian upon the death of the individual who held such life estate.". (d) Section 6(b) of such Act is amended by striking out "members of the Osage Tribe," and inserting in lieu thereof "Osage Indians,".

25 USC 331 note. 25 USC 331 note. 92 Stat. 1662, 1^61. Post, p. 3167. Post, p. 3164. 25 USC 331 note. 92 Stat. I66i.

25 USC 331 note.

�


text:
Page:United States Statutes at Large Volume 98 Part 3.djvu/792

 98 STAT. 3164 25 USC 331 note.

PUBLIC LAW 98-605—OCT. 30, 1984 (e) Section 7 of such Act is amended to read as follows: RULES GOVERNING DEVOLUTION OF INTERESTS IN OSAGE HEADRIGHTS

Prohibition.

Ante, p. 3163.

"SEC. 7. (a) GENERAL RuLE.—No person who is not an Osage Indian may, on or after October 21, 1978, receive any interest in any headright, other than a life estate in accordance with subsection O X ^ whether such interest would be received by such person O^ut for this subsection) under a will, a testamentary or inter vivos trust, or the Oklahoma laws of intestate succession. "(b) EXCEPTION FOR LIFE ESTATES.—Notwithstanding subsection (a) and subject to section 5(d)(2), an individual who is not an Osage Indian may receive a life estate in any headright held by a testator, settlor, or decedent who is or was an Osage Indian under a will, or under a testamentary trust established by a will, of such testator, an inter vivos trust established by such settlor, or the Oklahoma laws of intestate succession relating to the administration of the estate of such decedent. "(c) SPECIAL RULES GOVERNING INTERESTS IN OSAGE HEADRIGHT UPON DEATH OF INDIVIDUAL W H O HELD LIFE ESTATE IN SUCH HEADRIGHT.— "(1) DESIGNATED OSAGE REMAINDERMEN.—Upon the death of

any individual who is not an Osage Indian and who held a life estate in any headright of a testator or settlor described in subsection (b), all remaining interests in such headright shall vest in any remaindermen who— "(A) are designated in the will of the testator or the instrument establishing the trust of the settlor to receive such remainder interest, and "(B) are Osage Indians. Prohibition.

Prohibition.

"(2) N o DESIGNATED OSAGE REMAINDERMEN.—Upon the death

of any individual who is not an Osage Indian and who held a life estate in any headright of a testator, settlor, or decedent described in subsection (b) who— "(A) did not designate any remainderman who is an Osage Indian to receive any remaining interest in such headright in the will of such testator or instrument of such settlor, or "(B) died intestate, all remaining interests in such headright shall vest in any heirs, as determined under the Oklahoma laws of intestate succession, of such testator, settlor, or decedent who are Osage Indians. "(3) No HEIR WHO IS AN OSAGE INDIAN.—Upon the death of any individual who is not an Osage Indian and who held a life estate in any headright of an Osage testator, settlor, or decedent described in subsection (b) who— "(A) designated no remainderman who is an Osage Indian for any remaining interest in such headright, and "(B) had no heir under the Oklahoma laws of intestate succession who is an Osage Indian and is living at the time of death of the individual who held such life estate, all remaining interests in such headright shall vest in the Osage Tribe of Indians. "(d) LiABiuTY OF TRIBE IN CASE OF REMAINDERMAN OR HEIR WHO

IS NOT AN OSAGE INDIAN.—In any case in which—

�


text:
Page:United States Statutes at Large Volume 98 Part 3.djvu/793

 PUBLIC LAW 98-605—OCT. 30, 1984

98 STAT. 3165

"(1) any remainder interest of a testator, settlor, or decedent described in subsection (b) vests in the Osage Tribe of Indians under subsection (c)(3), and "(2) an individual who is not an Osage Indian and who, but for this section, would have received any portion of such remaining interest in the headright by virtue of— "(A) having been designated under the will of such testator, or the instrument of such settlor which established any such trust, to receive such remainder interest, or "(B) being the heir of such decedent under the Oklahoma laws of intestate succession, the tribe shall pay any such individual the fair market value of the portion of the interest in such headright such individual would have received but for this section.". (f) Section 8(a) of such Act is amended to read as follows: "SEC. 8. (a)(1) No headright owned by any person who is not of Indian blood may be sold, assigned, or transferred without the approval of the Secretary. Any sale of any interest in such headright (and any other transfer which divests such person of any right, title, or interest in such headright) shall be subject to the following rights of purchase: "(1) First right of purchase by the heirs in the first degree of the first Osage Indian to have acquired such headright under an allotment who are living and are Osage Indians, or, if they all be deceased, all heirs in the second through the fourth degree of such first Osage Indian who are living and are Osage Indians. "(2) Second right of purchase by any other Osage Indian for the benefit of any Osage Indian in his or her individual capacity. "(3) Third right of purchase by the Osage Tribal Council on behalf of the Osage Tribe of Indians. No owner of any headright shall be required, by reason of this subsection, to sell such headright for less than its fair market vfdue or to delay any such sale more than 90 days from the date by which notice of intention to sell (or otherwise transfer) such headright has been received by each person with respect to whom a right of purchase has been established under this subsection.". (g) Section 8(b) of such Act is amended to read as follows: "(b) Notwithstanding the paragraph designated 'First' of section 4 of the Osage Tribe Allotment Act or any other provision of law, any income from the Osage mineral estate may be used for the purchase of any headright offered for sale to the Osage Tribal Council pursuant to subsection (a) or vested in the Osage Tribe pursuant to section 7 if, prior to the time that any income from the Osage mineral estete is segregated foi* distribution to holders of headrights, the Osage Tribal Council requests the Secretary to authorize such use of such funds and the Secretary approves such request.". (h) Such Act is amended by adding at the end thereof the following new sections: "SEC. 10. Except where any provision of this Act explicitly provides otherwise, wherever the term 'Osage Indian' is used in this Act, such term shall be construed so as to include any child who has been adopted by ffai Osage Indian (pursuant to the decision of any court of competent jurisdiction) and any lineal descendant of such child. "SEC. 11. For purposes of this Act—

25 USC 331 note. Prohibition.

25 USC 331 note. 34 Stat. 544.

Ante, p. 3164.

Children and youth. 25 USC 331 note.

25 USC 331 note.

�


text:
Page:United States Statutes at Large Volume 98 Part 3.djvu/794

 98 STAT. 3166

34 Stat. 543.

PUBLIC LAW 98-605—OCT. 30, 1984 "(1) the term 'Osage mineral estate' means any right, title, or interest in any oil, gas, coal, or other mineral held by the United States in trust for the benefit of the Osage Indian Tribe under section 3 of the Osage Tribe Allotment Act; "(2) the term 'headright' means emy right of any person to share in any royalties, rents, sales, or bonuses arising from the Osage mineral estate; "(3) the term 'Secretary' means the Secretary of the Interior; "(4) the term 'person' has the meaning given to such term in section 1 of title 1, United States Code; "(5) the term 'Osage Tribe Allotment Act' means the Act approved June 28, 1906, and entitled 'An Act For the division of the lands and funds of the Osage Indians in Oklahoma Territorv, and for other purposes.' (34 Stat. 539); ' (6) the term 'Osage Indians Act of 1912' means the Act approved April 18, 1912, and entitled 'An Act Supplementary to and amendatory of the Act entitled "An Act for the division of the lands and funds of the Osage Nation of Indians in Oklahoma," approved June twenty-eighth, nineteen hundred and six, and for other purposes.' (37 Stat. 86); and "(7) the term 'Osage Indians Act of 1925' means the Act approved February 27, 1925, and entitled 'An Act To amend the Act of Congress of March 3, 1921, entitled "An Act to amend section 3 of the Act of Congress of June 28, 1906, entitled'An Act of Congress for the division of the lands and funds of the Osage Indians in Oklahoma, and for other purposes.' " ' (43 Stat. 1008).". AMENDMENTS TO THE OSAGE INDIANS ACT OF 1912

92 Stat. 1662.

Ante, pp. 3168, 3164. 92 Stat. 1661.

SEC. 3. (a) Section 3 of the Act approved April 18, 1912, and entitled "An Act Supplementary to and amendatory of the Act entitled 'An Act for the division of the lands and funds of the Osage Nation of Indians in Oklahoma,' approved June twenty-eighth, nineteen hundred and six, and for other purposes." (37 Stat. 86) is amended by striking out "That the" and inserting in lieu thereof the following: "SEC. 3. Except as provided in sections 5(d) and 7 of the Act approved October 21, 1978, and entitled 'An Act to amend certain laws relating to the Osage Tribe of Oklahoma, and for other purposes.' (92 Stat. 1660), the. (b) Section 8 of such Act is amended— (j) j ^ the first sentence— (A) by striking out "Any" and inserting in lieu thereof the following: "SEC. 8. Except as provided in sections 5(d) and 7 of the Act approved October 21, 1978, and entitled 'An Act to amend certain laws relating to the Osage Tribe of Oklahoma, and for other purposes.', any", (B) by striking out "(real, person, and mixed," and inserting in lieu thereof "(real, personal, and mixed,", (C) by inserting a comma after "removed", (D) by striking out "will executed" and inserting in lieu thereof "the terms of a will, or the terms of a testamentary trust created by a will, executed", and (E) by striking out "State of Oklahoma:" and inserting in lieu thereof "State of Oklahoma, except that an Osage

�


text:
Page:United States Statutes at Large Volume 98 Part 3.djvu/795

 PUBLIC LAW 98-605—OCT. 30, 1984

98 STAT. 3167

Indian under guardianship or conservatorship shall be exempt from the requirement that the will of such Indian shall be subscribed and acknowledged in the presence of a district judge:"; (2) by striking out the third sentence and inserting in lieu thereof the following new sentence: "Notice of such hearing shall be given at least 10 days before the hearing by publication in a newspaper of general circulation in Osage County, Oklahoma, and by mailing to all known heirs, legatees, and devisees at their last known addresses."; (3) in the sixth sentence by striking out " o f where it appears after "date"; (4) by inserting after the eighth sentence the following new sentence: "In the case of any action in probate contesting the will of any Osage Indian, the Secretary of the Interior may approve any settlement relating to such action with respect to any property under the jurisdiction of the Secretary."; (5) in the last sentence by striking out "Such appeals" and inserting in lieu thereof "Any such appeal shall be filed in a court of the United States with jurisdiction over such appesal before the end of the 30-day period beginning on the date of the decision of the Secretary and; and (6) by adding at the end thereof the following new sentenc(3s: "In the case of any property or interest in property (including any headright) which was held by any Osage Indian decedent at the time of death of such Indian and is subject to any restriction against alienation, or which was held by the United States in trust for the benefit of any Osage Indian decedent, and which is property, or an interest in property, included in a testamentary trust created by a will of such decedent— "(1) only the Secretary of the Interior may be appointed as, or may serve as, trustee with respect to any share of such trust property relating to a beneficiary of such trust who is an Indian with respect to whom— "(A) a certificate of competency has never been issued, or "(B) a certificate of competency has been revoked by the Secretary of the Interior; "(2) only a bank or trust institution may be appointed as, or may serve as, the trustee with respect to any share of such trust property relating to any beneficiary other than an Indian described in subparagraph (A) or (B) of paragraph (1); and "(3) the inclusion of such property, or interest in property, in such testamentary trust shall not affect— "(A) the application, to such property, of any law and rule of law which applies to property of Osage Indians or the Osage Tribe of Indians, including any restrictions against alienation of lands or other property, or "(B) the tax-exempt status of such property.". AMENDMENTS TO THE OSAGE INDIANS ACT OF 1925

SEC. 4. Section 7 of the Act approved February 27, 1925, and entitled "An Act to amend the Act of Congress of March 3, 1921, entitled 'An Act to amend section 3 of the Act of Congress of June 28, 1906, entitled "An Act of Congress for the division of the lands and funds of the Osage Indians in Oklahoma, and for other purposes." ' " (43 Stat. 1008) is amended—

25 USC 331 note.

�


text:
Page:United States Statutes at Large Volume 98 Part 3.djvu/796

 98 STAT. 3168

Ante, pp. 3163, 3164. Children and youth.

PUBLIC LAW 98-605—OCT. 30, 1984

(1) by striking out "Hereafter" and inserting in lieu thereof the following: "SEC. 7. Except as provided in sections 5(d) and 7 of the Act approved October 21, 1978, and entitled *An Act to amend certain laws relating to the Osage Tribe of Oklahoma, and for other purposes.*, on or after October 21, 1978,"; (2) by inserting after "inherit" the following: ", in accordance with the laws of the State of Oklahoma relating to intestate succession"; and (3) by adding at the end the following new sentence: "No adopted child of any Osage Indian who is not an Osage Indian shall be eligible to inherit, as the collateral heir (within the meaning of the laws of the State of Oklahoma relating to intestate succession) of any Osage Indian decedent, any property or interest in property held in trust by the Secretary of the Interior for the benefit of such decedent.". AMENDMENTS TO THE ACT PROVIDING FOR THE DISTRIBUTION OF JUDGMENT FUNDS OF THE OSAGE TRIBE OF INDIANS

25 USC 883.

SEC. 5. Section 1(b) of the Act approved October 27, 1972, and entitled "An Act to provide for the disposition of judgment funds of the Osage Tribe of Indians of Oklahoma." (86 Stat. 1295) is amended— (1) by striking out "or other socioeconomic programs", and (2) by striking out "programs to be administered" and inserting in lieu thereof "program to be administered". Approved October 30, 1984.

LEGISLATIVE HISTORY—H.R. 6303: HOUSE REPORT No. 98-1115 (Comm. on Interior and Insular Affairs). CONGRESSIONAL RECORD, Vol. 130 (1984): Oct. 2, considered and passed House. Oct. 9, considered and passed Senate.

�


text: Author:Isaac Burney Yeo

title: Author:Isaac Burney Yeo


text:
Page:United States Statutes at Large Volume 98 Part 3.djvu/797

 PUBLIC LAW 98-606—OCT. 30, 1984

98 STAT. 3169

Public Law 98-606 98th Congress An Act To amend the River and Harbor Act of 1946.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the project for navigation, Newport News Creek, Virginia, authorized by the River and Harbor Act of 1946, is hereby modified to authorize the relocation and reconstruction by the State of Virginia of the project upon approval of plans for such relocation and reconstruction by the Secretary of the Army. Approved October 30, 1984.

LEGISLATIVE HISTORY—H.R. 6430: CONGRESSIONAL RECORD, Vol. 130 (1984): Oct. 11, considered and passed House and Senate.

' [H.R. 6430]

Virginia. 60 Stat. 634.

�


text:
Page:United States Statutes at Large Volume 98 Part 3.djvu/798

 98 STAT. 3170

PUBLIC LAW 98-607—OCT. 30, 1984

Public Law 98-607 98th Congress An Act Oct. 30, 1984 [H.R. 6441]

Contracts with U.S.

23 USC 101 note.

To eliminate restrictions with respect to the imposition and collection of tolls on the Richmond-Petersburg Turnpike upon repayment by the Commonwealth of Virginia of certain Federal-aid highway funds used on such turnpike.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) upon the repayment by the Commonwealth of Virginia to the Treasurer of the United States of an amount equal to the total amount of Federal-aid highway funds heretofore paid on account of the immediate connectors and approaches to the Richmond-Petersburg Turnpike, such turnpike shall be free of all restrictions with respect to the imposition and collection of tolls or other charges on or for the use thereof contained in title 23, United States Code, or section 131 of the Federal Highway Act of 1970, or any regulation or agreement thereunder. Nothing in this section shall be construed to affect any apportionment of funds under section 1040))(5)(B) of title 23, United States Code. (b) The amount repaid under subsection (a) shall be deposited to the credit of the appropriation for "Federal-Aid Highway (Trust Fund)". Such amount shall be credited to the unprogrammed balance of the Federal-aid interstate funds last apportioned to the Commonwealth of Virginia. The amount so credited shall be in addition to all other funds then apportioned to such State and shall be available for expenditure in accordance with the provisions of title 23, United States Code. Approved October 30, 1984.

LEGISLATIVE HISTORY—H.R. 6441: CONGRESSIONAL RECORD, Vol. 130 (1984): Oct. 11, considered and passed House and Senate.

�


text:
Page:United States Statutes at Large Volume 98 Part 3.djvu/799

 PUBLIC LAW 98-608—OCT. 30, 1984

98 STAT. 3171

Public Law 98-608 98th Congress Joint Resolution To make technical corrections in the Act of January 12, 1983 (Public Law 97-459).

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the Act of January 12, 1983 (96 Stat. 2515; Public Law 97-459), is hereby amended as follows: (1) At the end of section 204 change the period to a colon and insert the following: "Provided, That ' l l) the sale price or exchange value received by the tribe for land or interests in land covered by this section shall be no less than within 10 per centum of the fair market value as determined by the Secretary; "(2) if the tribal land involved in an exchange is of greater or lesser value than the land for which it is being exchanged, the tribe may accept or give cash in such exchange in order to equalize the values of the property exchanged; "(3) any proceeds from the sale of land or interests in land or proceeds received by the tribe to equalize an exchange made pursuant to this section shall be used exclusively for the purchase of other land or interests in land; "(4) the Secretary shall maintain a separate trust account for each tribe selling or exchanging land pursuant to this section consisting of the proceeds of the land sales and exchanges and shall release such funds only for the purpose of buying lands under this section; and "(5) any tribe may retain the mineral rights to such sold or exchanged lands and the Secretary shall assist such tribe in determining the value of such mineral rights and shall take such value into consideration in determining the fair market value of such lands. "(b) The Secretary must execute such instrument of conveyance needed to effectuate a sale or exchange of tribal lands made pursuant to an approved tribal land consolidation plan unless he makes a specific finding that such sale or exchange is not in the best interest of the tribe or is not in compliance with the tribal land consolidation plan.". (2) Section 205 is amended to read as follows: "SEC. 205. Any Indian tribe may purchase at no less than the fair market value part or all of the interests in any tract of trust or restricted land within that tribe's reservation or otherwise subject to that tribe's jurisdiction with the consent of the owners of such interests. The tribe may purchase all of the interests in such tract with the consent of the owners of over 50 per centum of the undivided interests in such tract: Provided, That— "(1) any Indian owning any undivided interest, and in actual use and possession of such tract for at least three years preced-

Oct. 30, 1984 [H.J. Res. 158] Indians. Public lands. 25 USC 2203.

Mines and mining.

25 USC 2204.

�


text:
Page:United States Statutes at Large Volume 98 Part 3.djvu/800

 98 STAT. 3172

Gifts and property.

25 USC 2206.

PUBLIC LAW 98-608—OCT. 30, 1984

ing the tribal initiative, may purchase such tract by matching the tribal offer; "(2) if, at any time within five years following the date of acquisition of such land by an individual pursuant to this section, such property is offered for sale or a petition is filed with the Secretary for removal of the property from trust or restricted status, the tribe shall have 180 days from the date it is notified of such offer or petition to acquire such property by paying to the owner the fair market value as determined by the Secretary; "(3) all purchases and sales initiated under this section shall be subject to approval by the Secretary.". (3) Section 206 is amended to read as follows: "SEC. 206. (a) Notwithstanding any other provision of law, any Indian tribe, subject to approval by the Secretary, may adopt its own code of laws to govern descent and distribution of trust or restricted lands within that tribe's reservation or otherwise subject to that tribe's jurisdiction, and may provide that nonmembers of the tribe or non-Indians shall not be entitled to receive by devise or descent any interest or trust or restricted lands within that tribe's reservation or otherwise subject to that tribe's jurisdiction: Provided, That in the event a tribe takes such action— "(1) if an Indian dies intestate, the surviving non-Indian or nonmember spouse and/or children may elect to receive a life estate in as much of the trust or restricted lands as such person or persons would have been entitled to take in the absence of such restriction on eligibility for inheritance and the remainder shall vest in the Indians or tribal members who would have been heirs in the absence of a qualified person taking a life estate; "(2) if an intestate Indian descendent has no heir to whom interests in trust or restricted lands may pass, such interests shall escheat to the tribe, subject to any non-Indian or nonmember spouse and/or children's rights as described in paragraph (1) of this section; "(3) if an Indian decedent has devised interests in trust or restricted lands to persons who are ineligible for such an inheritance by reason of a tribal ordinance enacted pursuant to this section, the devise shall be voided only if, while the estate is pending before the Secretary for probate, the tribe acquires such interests by paying to the Secretary, on behalf of the devisees, the fair market value of such interests as determined by the Secretary as of the date of the decedent's death: Provided, That any non-Indian or nonmember spouse and/or children of such decedent who have been devised such interests may retain, at their option, a life estate in such interests. Any ineligible devisee shall also have the right to renounce his or her devise in favor of a person or persons who are eligible to inherit. "(b) The right to receive a life estate under the provisions of this section shall be limited to— "(1) a spouse and/or children who, if they had been eligible, would have inherited an ownership interest of 10 per centum or more in the tract of land; or "(2) a spouse and/or children who occupied the tract as a home at the time of the decedent's death.". (4) Section 207 is amended to read as follows:

�


text:
Page:United States Statutes at Large Volume 98 Part 3.djvu/801

 PUBLIC LAW 98-608—OCT. 30, 1984

98 STAT. 3173

"SEC. 207. (a) No undivided interest in any tract of trust or Gifts and restricted land within a tribe's reservation or otherwise subject to a property. tribe's jurisdiction shall descend by intestacy or devise but shall escheat to that tribe if such interest represents 2 per centum or less of the total acreage in such tract and is incapable of earning $100 in any one of the five years from the date of decedent's death. Where the fractional interest has earned to its owner less than $100 in jiny one of the five years before the decedent's death, there shall be a rebuttable presumption that such interest is incapable of earning $100 in any one of the five years following the death of the decedent. "(b) Nothing in this section shall prohibit the devise of such an escheatable fractional interest to any other owner of an undivided fractional interest in such parcel or tract of trust or restricted laind. "(c) Notwithstanding the provisions of subsection (a), any Indian tribe may, subject to the approval of the Secretary, adopt its own code of laws to govern the deposition of interests that are escheatable under this section, and such codes or laws shall take precedence over the escheat provisions of subsection (a), provided, the Secretary shall not approve any code or law that fails to accomplish the purpose of preventing further descent or fractionation of such escheateble interests.". (5) At the conclusion of the Act add the following new section: "SEC. 212. Nothing in this Act shall be construed as vestii^ the 25 USC 2211. governing body of an Indian tribe with any authority which is not authorized by the constitution and by-laws or other organizational document of such tribe.". SEC. 2. The Act of March 29, 1956 (c. 107, 70 Stat. 62; 25 U.S.C. 483a) is amended by inserting immediately after the enacting claiuse "(a)" and by adding at the conclusion of the Act a new subsection (b) as follows: "(b) In the event such land is acquired by an Indian or an Indian tribe, such land shall not be removed from trust or restricted status except upon application to the Secretary under existing law.". Approved October 30, 1984.

LEGISLATIVE HISTORY—H.J. Res. 158: HOUSE REPORT No. 98-49 (Comm. on Interior and Insular Affairs). SENATE REPORT No. 98-632 (Comm. on Indian Affairs). CONGRESSIONAL RECORD: Vol. 129 (1983): Apr. 19, 20, considered and passed House. Vol. 130 (1984): Oct. 3, considered and passed Senate, amended. Oct. 4, House concurred in Senate amendment.

31-194

0 -

86 -

26

 * QL.3

Part3

�


text:
Page:United States Statutes at Large Volume 98 Part 3.djvu/802

 98 STAT. 3174

PUBLIC LAW 98-609—OCT. 30, 1984

Public Law 98-609 98th Congress Joint Resolution Oct. 30, 1984 [H.J. Res. 332]

To designate the week beginning May 20, 1985, as "National Medical Transcriptionist Week".

Whereas complete and accurate medical records are of vital importance to quality health care; Whereas the medical transcriptionist is instrumental in transcribing medical dictation detailing a patient's health care during an illness or after an injury; Whereas the medical transcriptionist is an indispensable assistant to physicians and surgeons; Whereas there is a lack of awareness of the job performed by a medical transcriptionist; and Whereas there is a shortage of trained medical transcriptionists: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the week beginning May 20, 1985, hereby is designated "National Medical Transcriptionist Week" and the President of the United States is authorized and requested to issue a proclamation calling upon the people of the United States to observe such week with appropriate ceremonies and activities. Approved October 30, 1984.

LEGISLATIVE HISTORY—H.J. Res. 332: CONGRESSIONAL RECORD, Vol. 130 (1984): Oct. 2, considered and passed House. Oct. 10, considered and passed Senate.

�


text:
Page:United States Statutes at Large Volume 98 Part 3.djvu/803

 PUBLIC LAW 98-610—OCT. 30, 1984

98 STAT. 3175

Public Law 98-610 98th Congress Joint Resolution Designating the week beginning February 17, 1985, as a time to recognize volunteers who give their time to become Big Brothers and Big Sisters to youths in need of adult companionship.

Whereas many girls and boys in the United States suffer from a lack of parental time and attention because of the death of one or both of their parents, the divorce of their parents, or for other reasons; Whereas this deprivation can result in serious problems for these children and their communities; and Whereas there is a dire need for volunteers to serve as older brothers and sisters who can give these children the individual support, help, and counseling of a stable adult friend: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the week beginning February 17, 1985, is designated as a time to recognize the contributions of volunteers who give their time to become Big Brothers and Big Sisters to youths in need of adult companionship and the President is authorized and requested to issue a proclamation calling on the people of the United States to observe such week with appropriate celebrations and activities. Approved October 30, 1984.

LEGISLATIVE HISTORY—H.J. Res. 594: CONGRESSIONAL RECORD, Vol. 130 (1984): Aug. 8, considered and passed House. Oct. 10, considered and passed Senate.

Q^^ 3Q 5^934 ' LH.J. Res. 594]

�


text:
Page:United States Statutes at Large Volume 98 Part 3.djvu/804

 98 STAT. 3176

PUBLIC LAW 98-611—OCT. 31, 1984

Public Law 98-611 98th Congress An Act Oct 31 1984 ' [H.R. 2568]

'^^ amend the Internal Revenue Code of 1954 to extend for 2 years the exclusion from gross income with respect to educational assistance programs, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. AMENDMENTS RELATING TO EDUCATIONAL ASSISTANCE PROGRAMS. 26 USC 127.

(a) 2-YEAR EXTENSION OF EXCLUSION FROM GROSS INCOME.—Sub-

section (d) of section 127 of the Internal Revenue Code of 1954 (relating to educational assistance programs) is amended by striking out "December 31, 1983" and inserting in lieu thereof "December 31, 1985". (b) ANNUAL EXCLUSION LIMITED TO $5,000.—Subsection (a) of section 127 of such Code is amended to read as follows: "(a) EXCLUSION FROM GROSS INCOME.—

"(1) IN GENERAL.—Gross income of an employee does not include amounts paid or expenses incurred by the employer for educational assistance to the employee if the assistance is furnished pursuant to a program which is described in subsection (b). "(2) $5,000 MAXIMUM EXCLUSION.—If, but for this paragraph, this section would exclude from gross income more than $5,000 of educational assistance furnished to an individual during a calendar year, this section shall apply only to the first $5,000 of such assistance so furnished." (c) SPECIAL RULE FOR CERTAIN GRADUATE STUDENTS.—Subsection

i4n^e, p. 887.

(c) of section 127 of such Code is amended by adding at the end thereof the following paragraph: "(8) COORDINATION WITH SECTION ii7(d).—In the case of the education of an individual who is a graduate student at an educational organization described in section 170(b)(l)(A)(ii) and who is engaged in teaching or research activities for such organization, section 117(d)(2) shall be applied as if it did not contain the phrase '(below the graduate level)'." (d) REPORTING AND RECORDKEEPING REQUIREMENTS.—

(1) IN GENERAL.—Subpart A of part III of subchapter A of chapter 61 of such Code is amended by inserting after section 6039C the following new section: 26 USC 6039D.

"SEC. 6039D. RETURNS AND RECORDS WITH RESPECT TO CERTAIN FRINGE BENEFIT PLANS.

"(a) IN GENERAL.—Every employer maintaining a specified fringe benefit plan during any year beginning after December 31, 1984, for any portion of which the applicable exclusion applies, shall file a return (at such time and in such manner as the Secretary shall by regulations prescribe) with respect to such plan showing for such year—

�


text:
Page:United States Statutes at Large Volume 98 Part 3.djvu/805

 PUBLIC LAW 98-611—OCT. 31, 1984

98 STAT. 3177

"(1) the number of employees of the employer, "(2) the number of employees of the employer eligible to participate under the plan, "(3) the number of employees participating under the plan, "(4) the total cost of the plan during the year, and "(5) the name, address, and taxpayer identification number of the employer and the type of business in which the employer is engaged. "(b) RECORDKEEPING REQUIREMENT.—Each employer maintaining a specified fringe benefit plan during any year shall keep such records as may be necessary for purposes of determining whether the requirements of the applicable exclusion are met. "(c) ADDITIONAL INFORMATION WHEN REQUIRED BY THE SECRETARY.—Any employer—

"(1) who maintains a specified fringe benefit plan during any year for which a return is required under subsection (a), and "(2) who is required by the Secretary to file an additional return for such year, shall file such additional return. Such additional return shall be filed at such time and in such manner as the Secretary shall prescribe and shall contain such information as the Secretary shall prescribe. "(d) DEFINITIONS.—For purposes of this section— "(1) SPECIFIED FRINGE BENEFIT PLAN.—The term 'specified fringe benefit plan' means— "(A) any cafeteria plan (as defined in section 12-5), and "(B) any educational assistance program (as defined in section 127). "(2) APPLICABLE EXCLUSION.—The term 'applicable exclusion' means— "(A) section 125, in the case of a cafeteria plan, and "(B) section 127, in the case of an educational assistance program." (2) PENALTY.—Subsection (f) of section 6652 of such Code (relating to failure to file certain information returns, registration statements, etc.) is amended by striking out "125(h) (relating to information with respect to cafeteria plans)" and inserting in lieu thereof "6039D (relating to returns and records with respect to certain fringe benefit plans)".

Ante, p. 882.

(3) CONFORMING AMENDMENTS.—

(A) Section 125 of such Code (relating to cafeteria plans) is amended by striking out subsection (h) and inserting in lieu thereof the following:

Ante, p. 882.

"(h) CROSS REFERENCE.— "For reporting and recordkeeping requirements, see section 6039D."

(B) Section 127 of such Code is amended by adding at the end thereof the following new subsection: "(e) CROSS REFERENCE.—

26 USC 127.

�


text:
Page:United States Statutes at Large Volume 98 Part 3.djvu/806

 98 STAT. 3178

PUBLIC LAW 98-611—OCT. 31, 1984 "For reporting and recordkeeping requirements, see section 6039D."

(4) CLERICAL AMENDMENT.—The table of sections for subpart A of part III of subchapter A of chapter 61 of such Code is amended by inserting after the item relating to section 6039C the following new item: "Sec. 6039D. Returns and records with respect to certain fringe benefit plans." (e) CLARIFICATION OF DISALLOWANCE OF CREDIT OR DEDUCTION.—

26 USC 127.

Paragraph (7) of section 127(c) of such Code (relating to definitions; special rules) is amended by inserting "to the employee" after "allowed". (f) EXCLUSION FROM RAILROAD RETIREMENT TAXES OF AMOUNTS WHICH MAY B E EXCLUDED UNDER SECTION 127.—Subsection (e) of

Ante, p. 884.

26 USC 127 note.

section 3231 of such Code (defining compensation for purposes of the railroad retirement taxes) is amended by adding at the end thereof the following new paragraph: "(6) The term 'compensation' shall not include any payment made, or benefit furnished, to or for the benefit of an employee if at the time of such payment or such furnishing it is reasonable to believe that the employee will be able to exclude such payment or benefit from income under section 127." (g) EFFECTIVE DATES.—

(1) IN GENERAL.—Except as otherwise provided in this subsection, the amendments made by this section shall apply to taxable years beginning after December 31, 1983. (2) SUBSECTION (d).—The amendments made by subsection (d) shall take effect on January 1, 1985. (3) SUBSECTION (f).—The amendment made by subsection (0 shall apply to remuneration paid after December 31, 1984. (4) No PENALTIES OR INTEREST ON FAILURE TO WITHHOLD.—No

26 USC 3101. Ante, p. 3176.

Ante, p. 3176. Ante, p. 887.

penalty or interest shall be imposed on any failure to withhold under subtitle C of the Internal Revenue Code of 1954 (relating to employment taxes) with respect to amounts excluded from gross income under section 127 of such Code (as amended by this section and determined without regard to subsection (a)(2) thereof) with respect to periods during 1984. (5) COORDINATION WITH SECTION i i? (d).—In the case of education described in section 127(c)(8) of the Internal Revenue Code of 1954, as added by this section, section 117(d) of such Code shall be treated as in effect on and after January 1, 1984. (h) STUDY.—

(1) IN GENERAL.—The Secretary of the Treasury shall conduct a study of the effect of the provisions of section 127 of the Internal Revenue Code of 1954.

�


text:
Page:United States Statutes at Large Volume 98 Part 3.djvu/807

 PUBLIC LAW 98-611—OCT. 31, 1984

98 STAT. 3179

(2) REPORT.—Not later than October 1, 1985, the Secretary of the Treasury shall submit a report to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate on the study conducted under paragraph (1) (together with such recommendations as he may deem advisable). Approved October 31, 1984.

LEGISLATIVE HISTORY—H.R. 2568: HOUSE REPORT No. 98-1049 (Comm. on Ways and Means). CONGRESSIONAL RECORD, Vol. 130 (1984): Oct. 1, considered and passed House. Oct. 11, considered and passed Senate.

�


text:
Page:United States Statutes at Large Volume 98 Part 3.djvu/808

 98 STAT. 3180

PUBLIC LAW 98-612—OCT. 31, 1984

Public Law 98-612 98th Congress An Act Oct. 31, 1984 [H.R. 5361]

To amend the Internal Revenue Code of 1954 to extend for one year the exclusion from gross income with respect to group legal services plans, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. AMENDMENTS RELATING TO QUALIFIED GROUP LEGAL SERVICES PLANS. (a) 1-YEAR EXTENSION OF EXCLUSION FROM GROSS INCOME.—Sub-

section (e) of section 120 of the Internal Revenue Code of 1954 (relating to amounts received under qualified group legal services plans) is amended by striking out "December 31, 1984" and inserting in lieu thereof "December 31, 1985". (b) REPORTING AND RECORDKEEPING REQUIREMENTS.—

(1) IN GENERAL.—Subpart A of part III of subchapter A of chapter 61 of such Code is amended by inserting after section 6039C the following new section: 26 USC 6039D.

"SEC. 6039D. RETURNS AND RECORDS WITH RESPECT TO CERTAIN FRINGE BENEFIT PLANS.

"(a) IN GENERAL.—Every employer maintaining a specified fringe benefit plan during any year beginning after December 31, 1984, for any portion of which the applicable exclusion applies, shall file a return (at such time and in such manner as the Secretary shall by regulations prescribe) with respect to such plan showing for such year— "(1) the number of employees of the employer, "(2) the number of employees of the employer eligible to participate under the plan, "(3) the number of employees participating under the plan, "(4) the total cost of the plan during the year, and "(5) the name, address, and taxpayer identification number of the employer and the type of business in which the employer is engaged. "(b) RECORDKEEPING REQUIREMENT.—Each employer maintaining a specified fringe benefit plan during any year shall keep such records as may be necessary for purposes of determining whether the requirements of the applicable exclusion are met. "(c)

ADDITIONAL INFORMATION WHEN REQUIRED BY THE SECRE-

TARY.—Any employer— "(1) who maintains a specified fringe benefit plan during any year for which a return is required under subsection (a), and "(2) who is required by the Secretary to file an additional return for such year, shall file such additional return. Such additional return shall be filed at such time and in such manner as the Secretary shall prescribe and shall contain such information as the Secretary shall prescribe.

�


text:
Page:United States Statutes at Large Volume 98 Part 3.djvu/809

 PUBLIC LAW 98-612—OCT. 31, 1984

98 STAT. 3181

"(d) DEFINITIONS.—For purposes of this section— "(1) SPECIFIED FRINGE BENEFIT PLAN.—The term 'specified fringe benefit plan' means— "(A) any quahfied group legal services plan (as defined in section 120), and "(B) any cafeteria plan (as defined in section 125). "(2) APPLICABLE EXCLUSION.—The term 'applicable exclusion' means— "(A) section 120, in the case of a qualified group legal services plan, and "(B) section 125, in the case of a cafeteria plan." (2) PENALTY.—Subsection (f) of section 6652 of such Code 26 USC 6652. (relating to failure to file certain information returns, registration statements, etc.) is amended by striking out "125(h) (relating to information with respect to cafeteria plans)" and inserting in lieu thereof "6039D (relating to returns and records with respect to certain fringe benefit plans)". (3) CONFORMING AMENDMENTS.—

(A) Section 120 of such Code is amended by adding at the 26 USC 120. end thereof the following new subsection: "(f) CROSS REFERENCE.— "For reporting and recordkeeping requirements, see section 6039D."

(B) Section 125 of such Code (relating to cafeteria plans) is 26 USC 125. amended by striking out subsection (h) and inserting in lieu thereof the following: "(h) CROSS REFERENCE.— "For reporting and recordkeeping requirements, see section 6039D."

(4) CLERICAL AMENDMENT.—The table of sections for subpart A of part III of subchapter A of chapter 61 of such Code is amended by inserting after the item relating to section 6039C the following new item: "Sec. 6039D. Returns and records with respect to certain fringe benefit plans." (c) EXCLUSION FROM RAILROAD RETIREMENT TAXES FOR AMOUNTS WHICH MAY B E EXCLUDED UNDER SECTION 120.—Subsection (e) of

section 3231 of such Code (defining compensation for purposes of the 26 USC 3231. railroad retirement taxes) is amended by adding at the end thereof the following new paragraph: "(6) The term 'compensation' shall not include any contribution, payment, or service provided by an employer which may be excluded from the gross income of an employee, his spouse, or his dependents, under the provisions of section 120 (relating to amounts received under qualified group legal services plans)." (d) EFFECTIVE DATES.— (1) SUBSECTION (A).—The

amendment made by subsection (a) shall apply to taxable years ending after December 31, 1984. (2) SUBSECTION (B).—The amendments made by subsection (b) shall take effect on January 1, 1985. (3) SUBSECTION (C).—The amendment made by subsection (c) shall apply to remuneration paid after December 31, 1984.

26 USC 120 note. 26 USC 6039D note. 26 USC 3231 "o*^e.

�


text:
Page:United States Statutes at Large Volume 98 Part 3.djvu/810

 98 STAT. 3182

PUBLIC LAW 98-612—OCT. 31, 1984

SEC. 2. TRANSITIONAL RULE FOR PURPOSES OF IMPUTED INTEREST RULES.

Ante, p. 559.

Subsection (b) of section 44 of the Tax Reform Act of 1984 (relating to effective date for treatment of debt instruments received in exchange for property) is amended by adding at the end thereof the following new paragraphs: "(4) SPECIAL RULES FOR SALES BEFORE JULY i, 1985.— "(A) IN GENERAL.—In the case of any sale or exchange before July 1, 1985, of property other than new section 38 property— "(i) sections 483(c)(1)(B) and 1274(c)(3) of the Internal Revenue Code of 1954 shall be applied by substituting the testing rate determined under subparagraph (B) for 110 percent of the applicable Federal rate determined under section 1274(d) of such Code, and "(ii) sections 483(b) and 1274(b) of such Code shall be applied by substituting the imputation rate determined under subparagraph (C) for 120 percent of the applicable Federal rate determined under section 1274(d) of such Code. "(B) TESTING RATE.—For purposes of this paragraph— "(i) IN GENERAL.—The testing rate determined under this subparagraph is the sum of— (I) 9 Dercent DIUS

"(II) if the borrowed amount exceeds $2,000,000, the excess determined under clause (ii) multiplied by a fraction the numerator of which is the borrowed amount to the extent it exceeds $2,000,000, and the denominator of which is the borrowed amount, "(ii) EXCESS.—For purposes of clause (i), the excess determined under this clause is the excess of 110 percent of the applicable Federal rate determined under section 1274(d) of such Code over 9 percent. "(C) IMPUTATION RATE.—For purposes of this paragraph— "(i) IN GENERAL.—The imputation rate determined under this subparagraph is the sum of—"(I) 10 percent, plus "(II) if the borrowed amount exceeds $2,000,000, the excess determined under clause (ii) multiplied by a fraction the numerator of which is the borrowed amount to the extent it exceeds $2,000,000, and the denominator of which is the borrowed amount. "(ii) EXCESS.—For purposes of clause (i), the excess determined under this clause is the excess of 120 percent of the applicable Federal rate determined under section 1274(d) of such Code over 10 percent. "(D) BORROWED AMOUNT.—For purposes of this paragraph, the term 'borrowed amount' means the stated principal amount. "(E) AGGREGATION RULES.—For purposes of this paragraph— "(i) all sales or exchanges which are part of the same transaction (or a series of related transactions) shall be treated as one sale or exchange, and

�