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PUBLIC LAW 88-574-SEPT. 2, 1964

thence (4B), south 03 degrees 49 minutes 15 seconds east, 308.63 feet; thence (5B), south 18 degrees 11 minutes 15 seconds east, 341.40 feet; thence (6B), south 27 degrees 30 minutes 56 seconds east, to the southerly line of the parcel of land conveyed to the State of California by final order of condemnation, recorded April 10, 1962 in reel 41 of official records, at page 251, records of said County; thence (7B), easterly along last said line to the point of beginning; subject to a right of way from T. A. Work to Pacific Gas and Electric Company by instrument dated September 28, 1928, recorded October 3, 1929 in book 209 of official records at page 407, records of Monterey County, subject also to covenants, restrictions, easements, and reservations of record, if any. Containing 5.13 acres, more or less. Excepting and reserving unto the State of California any and all rights of mgress to or egress from the real property herein conveyed to or from the freeway lying westerly of said real property; provided, however, that said real property shall abut upon and have access to a frontage road which will be connected with said freeway only at such points as may be established by public authority. Bearings and distances used herein are based on the California coordinate system, zone 4; multiply distances called by 1.0000592 to obtain ground level distances. PARCEL 5

That portion of lot 1 in block 1, city of Monterey, county of Monterey, State of California, as said lot and block are shown on the map of "Tract No. 370 Del Monte Eesearch P a r k " filed in volume 7, of cities and towns, sheet 2 of 5 at page 19, records of said county, described as follows: Beginning at a li/^-inch iron pipe with copper disc stamped "L.S. 2975," said point;aaarking the intersection of the southerly line of the Monterey Peninsula Airport district property with the northeasterly line of Garden Eoad, as said two lines are delineated on said map recorded in volume 7; thence (1), along said northeasterly line, tangent to a line bearing south 42 degrees 42 minutes 45 seconds east, along a curve to the left with a radius of 809.95 feet, through an angle of 14 degrees 45 minutes 30 seconds for an arc length of 208.63 feet; thence (2) north 77 degrees 26 minutes 05 seconds east, 225.00 feet; thence (3), north 02 degrees 28 minutes 53 seconds west, 167.59 feet to a point on said southerly line of the Monterey Peninsula Airport; thence (4), along last said southerly line south 77 degrees 26 minutes 05 seconds west, 381.07 feet to the point of beginning; subject to covenants, conditions, restrictions, easements and reservations of record, if any. Containing 1.17 acres, more or less. Bearings and distances used herein are based on the California coordinate system, zone 4; multiply distances called by 1.0000592 to obtain ground level distances. SEC. 3. The Secretary of the Navy, or his designee, is also authorized to accept from the State of California, or any local agency or subdivision thereof, such appropriate interests in other land as may be considered necessary for protection of the interests of the United States in connection with the exchange. Approved September 2, 1964.

879

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 880

PUBLIC LAW 88-575-SEPT. 2, 1964

[78 STAT.

Public Law 88-575 September 2, 1964 [H. R. 12196]

D.C. P o l i c e, firemen, and t e a c h e r s. Salary i n c r e a s e s.

76 Stat. 1239. D.C. Code 4-823.

AN ACT To amend the District of Columbia Police and Firemen's Salary Act of 1958, as amended, the District of Columbia Teachers' Salary Act of 1955, and for other purpose3.

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

of the

TITLE I—SALAKY INCREASES FOR DISTRICT O F COLUMBIA POLICEMEN AND F I R E M E N SEC. 101. Section 101 of the District of Columbia Police and Firemen's Salary Act of 1958 (72 Stat. 481), as amended, is amended to read as follows: "SEC. 101. The annual rates of basic compensation of the officers and members of the Metropolitan Police force and the Fire Department of the District of Columbia shall be fixed in accordance with the following schedule of rates: "SALARY SCHEDULE

'Salary class and title

Service step

Longevity step 6

Class 1: Subclass (a) $6,010 $6,330 $6,650 Fire private. Police private. Subclass (b).. 6,300 0,620 6,940 Private assigned as: Technician I. Plainclothesman.' Subclass (c) 6,690 6,910 7,230 Private assigned as: Technician II. Station clerk. Motorcycle officer. Class 2* Subclass (a) . — 7,290 7,610 7, Fire inspector. Subclass (b) 7,580 7,900 8,220 Fire inspector assigned as: Technician I. Subclass (c) 7,870 8,190 8,510 Fire inspector assigned as: Technician II. Class 3 — — 7,900 8,220 8,640 Assistant marine engineer. Assistant pilot. Detective. Class 4: Subclass (a) - 8,186 8,606 8,825 Fire sergeant. Police sergeant. Subclass (b) 8,656 8,976 9,296 Detective sergeant. Subclass (c) 8,766 9,086 9,406 Police sergeant assigned as: Motorcycle oflScer. Class5 10,000 10,400 10,800 Fire lieutenant. Police lieutenant. Detective lieutenant. Class 6— 11,000 11,400 11,800 Marioe engineer. Pilot. Class? 12,000 12.500 13,000 Fire captain. Police captain. Detective captain. Class 8 14,000 14,500 16,000 Assistant superintendent of machinery. Battalion fire chief. Deputy fire marshal. Police inspector. "1 Service as such for over 60 consecutive calendar days."

8

$6,970 $7,290 $7,610 $7,930 $8,260 $8,670 7,260

7,580

7,900

8,220

8,540

8,860

7,660

7,870

8,190

8,510

8,830

9,150

8,250

8,670

8,890

9.210

8,.540

8,860

9,180

9,600

9,150

9,470

9,790

8,860

9,180

9,500

9,820

9,146

9,466

9,785 10,105

9,615

9,936 10,256 10,676

9,726

10,045 10,365 10,686

11,200

11,600 12,000

12,200

12,«00 13,000

13,500

14,000 14,600

15,500

16,000 16.500

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PUBLIC LAW 88-575-SEPT. 2, 1964

881

"SALARY SCHEDULE

'Salary class and.title

Service step

Class 9: Subclass (a) $16,500 $17,000 $17,500 $18,000 Deputy Are chief. Deputy chief of police. Fire marshal. Superintendent of machinery. Subclass (b).17,500 18,000 18,500 19,000 Deputy chief assigned as the: Assistant flre chief. Police executive officer. Commanding officer of the White House Police. Commanding officer of the U.S. Park Police. Class 1 0... 21,000 21,500 22,000 22,500 Fire chief. Chief of police.

Longevity step

$18,500 $19,000

19,500 20,000

23,000 23,500

SEC. 102. The rates of basic compensation of officers and members to whom the amendment made by section 101 of this title apply shall be adjusted in accordance with this section, and on and after the effective date of this title, section 2 of the Act approved October 24, 1962 (76 Stat. 1240), shall not apply to any such officer or member whose rate of basic compensation is so adjusted in accordance with this section. Such rates of basic compensation shall be adjusted as follows: (1) Except as otherwise provided in paragraph (2), each officer and member receiving basic compensation immediately prior to the effective date of this title at one of the scheduled service or longevity rates of a class or subclass in the salary schedule in the District of Columbia Police and Firemen's Salary Act of 1958, as amended, shall receive a rate of basic compensation at the corresponding scheduled service or longevity rate in effect on and after the effective date of this title. (2) Each private in service step 6, longevity step 7, or longevity step 8 in any subclass in class 1, upon completing a minimum of twenty-one years of continuous service as a private, including service in the Armed Forces of the United States but excluding any period of time determined not to have been satisfactory service, shall be advanced to longevity step 9 in class 1, and receive the appropriate scheduled rate of basic compensation for such step in the sulbclass in which he is serving. SEC. 103. Section 202(b) of the District of Columbia Police and Firemen's Salary Act of 1958 is amended by striking "rescue squad, or fire department ambulance", and inserting in lieu thereof "or I'escue squad: Provided, That on and after the effective date of this proviso, privates in the Fire Department, while assigned as ambulance drivers may, in the discretion of the Commissioners, be placed in subclass (b) or subclass (c) of class 1 in accordance with section 302: Provided further, That any private assigned as an ambulance driver who on the effective date of this proviso is designated as 'Technician 1' in subclass (b), class 1, shall continue in subclass (b), class 1, until action is taken to change his subclass placement in accordance with the preceding proviso or such assignment is terminated". SEC. 104. Section 303(c) of such Act is amended by striking " (c), (d), or (e) " and inserting in lieu thereof "or (c)".

Compensation r a t e s, adjustment.

D.C. Code 4-823C.

76 Stat. 1239. D.C. Code 4-823.

72 Stat. 483. D. C. Code 4-825.

D.C. Code 4-828.

D.C. Code 4-829.

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 882 72 Stat. 484; 76 Stat. 1243.

Retroactive salary provisions.

64 Stat. 395. 5 USC 61f-61k.

Life insurance. 68 Stat. 736. 5 USC 2091 note.

Effective date.

PUBLIC LAW 88-575-SEPT. 2, 1964

[78 STAT.

SEC. 105. Section 401 of the District of Columbia Police and Firemen's Salary Act of 1958 (D.C. Code, sec. 4-832) is amended by adding at the end thereof the following new subsection: "(c) Notwithstanding any other provision of this or any other law, each deputy chief of the Metropolitan Police force and of the Fire Department of the District of Columbia shall, upon completion of thirty years of continuous service on the police force or fire department, as the case may be, including service in the Armed Forces of the United States, but excluding any period of time determined not to have been satisfactory service, be placed in, and receive basic compensation at, the highest longevity step in the class or subclass to which his position is assigned in the schedule of rates established by section 101 of this Act. Nothing in this subsection shall be construed to authorize the payment of any retroactive compensation." SEC. 106. (a) Retroactive compensation or salary shall be paid by reason of this title only in the case of an individual in the service of the District of Columbia Government or of the United States (including service in the Armed Forces of the United States) on the date of enactment of this Act, except that such retroactive compensation or salary shall be paid (1) to an officer or member of the Metropolitan Police force, the Fire Department of the District of Columbia, the United States Park Police force, or the White House Police force, who retired during the period beginning on the first day of the first pay period which began on or after July 1, 1964, and ending on the date of enactment of this Act for services rendered during such period, and (2) in accordance with the provisions of the Act of August 3, !l'950 (Public I ^ w 636, Eighty-first Congress), as amended, for services rendered during the period beginning on the first day of the first pay period which began on or after July 1, 1964, and ending on the date of enactment of this Act by an officer or member who dies during such period. (b) For the purposes of this section, service in the Armed Forces of the United States, in the case of an individual relieved from training and service in the Armed Forces of the United States or discharged from hospitalization following such training and service, shall include the period provided by law for the mandatory restoration of such individual to a position in or under the Federal Government or the municipal government of the District of Columbia. SEC. 107. For the purpose of determining the amount of insurance for which an officer or member is eligible under the Federal Employees' Group Life Insurance Act of 1954, all changes in rates of compensation or salary which result from the enactment of this title shall be held and considered to be effective as of the date of enactment of this Act. SEC. 108. The provisions of this title shall take effect on the first day of the first pay period beginning on or after July 1, 1964. TITLE II—SALARY INCREASES FOR TEACHERS, SCHOOL OFFICERS, AND OTHER EMPLOYEES OF THE BOARD OF EDUCATION

76 Stat. 1229. D.C. eode 31-1501 et seq.

SEC. 201. The Act entitled "An Act to fix and regulate the salaries of teachers, school officers, and other employees of the Board of Education of the District of Columbia, and for other purposes", approved August 5, 1955 (69 Stat. 521, ch. 569), as amended, is amended as follows:

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PUBLIC LAW 88-575-SEPT. 2, 1964

(1) The first section is amended by striking all after the first sentence and inserting in lieu thereof the following salary schedules: "Salary class and position Class 1 Superintendent. Class 2.... Deputy superintendent. Class 3... Assistant superintendent. President, teachers college. Class 4 Director, curriculum. Dean, teachers college. Class 5: Group A, bachelor's degree Group B, master's degree Group C, master's degree plus 30 credit hours Chief examiner. Director, food services. Director, industrial and adult education. Executive assistant to superintendent. Psychiatrist. Class 6: Group B, master's degree Group C, master's degree plus 30 credit hours Assistant to assistant superintendent (elementary schools). Assistant to assistant superi n t e n d e n t (junior and senior high schools). Principal, senior high school. Principal, junior high school. Principal, elementary school. Principal, vocational high school. Principal, Americanization school. Principal, boys'junior-senior high school. Principal, Capitol Page School. Principal, health school. Principal, laboratory school. Principal, veterans high school. Assistant to assistant superi n t e n d e n t (general research, budget, and legislation). Assistant to assistant superintendent (pupil appraisal, study, and attendance). Director, elementary education (supervision and instruction). Director, health, physical education, athletics, and safety. Executive assistant to deputy superintendent. Class 7: Group B, master's degree Group C, master's degree plus 30 credit hours Director, elementary education (administration). Director in elementary education. Director, special education. Class 8: Group B, master's degree Group C, master's degree plus 30 credit hours Dean of students, teachers college. Director, school attendance. Professor, teachers college. Registrar, teachers college. Supervising director, adult education and summer school. Supervising director, athletics. Supervising director, curricalum.

Service Service Service Service Service Service Service Service Service step 1 step 2 steps Step 4 step 5 step 6 step 7 steps ftepO $26,000 22,000 15,200 $15,485 $15,770 $16,055 $16,340 $16,625 $16,910 $17,195 $17,480 13,450 13,735 14,020 14.305 14,690 14,876 15,160 15,445 15,730 11,800 12,065 12,330 12, 595 12,860 13,125 13,390 13,665 13,920 12,300 12,565 12,830 13.095 13,360 13,625 13,890 14,155 14,420 12,600 12,765 13,030 13,295 13,560 13,825 14,090 14,365 14,620

11,865 12,130 12,395 12,660 12,925 13,190 13,455 13,720 13,986 12,065 12,330 12,595 12,860 13,125 13,390 13,656 13,920 14,186

io,ggo 11,255 11,620 11,785 12,050 12,316 12,580 12,845 13,110 11,190 11,465 11,720 11,985 12,250 12,516 12,780 13,046 13,310

10,565 10,820 11,085 11,360 11,615 11,880 12,146 12,410 12,676 10,766 11,020 11,286 11,660 11,816 12,080 12,346 12,610 12,876

883

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PUBLIC LAW 88-575-SEPT. 2, 1964 •'Salary class and position

[78 STAT.

Service Service Service Service Service Service Service Service Service step 1 step 2 steps step 4 step 6 step 6 step 7 s t e p s step 9

Class 8—Continued Group C, master's degree plus 30 credit hours—Continued Assistant principal, elementary school. Assistant principal, junior high school. Assistant principal, senior high school. Assistant principal, vocational high school. Assistant principal, Americanization school. Assistant principal, health school. Supervising director, elementary education (supervision and instruction). Supervising director, reading clinic. Supervising director, subject field. Class 9t Group A, bachelor's degree $9,615 $9,880 $10,145 $10,410 $10,675 $10,940 $11,205 $11,470 $11,735 Group B, master's degree 10,115 10,380 10,645 10,910 11,175 11,440 11,705 11,970 12,236 Group C, master's degree plus 30 credit hours 10,315 10,580 10,845 11,110 11,375 11,640 11,905 12,170 12,435 Assistant director, food services. Supervising director, audiovisual instruction. Class 10: Group B, master's degree --. 9,680 9,945 10,210 10,476 10,740 11,005 11,270 11,535 11,800 Group C, master's degree plus 30 credit hours -. 9,880 10,145 10,410 10,675 10,940 11,206 11,470 11,735 12,000 Assistant director, adult education and summer schools. Statistician. Class 11: Group B, master's degree 9,240 9,605 9,770 10,036 10,300 10,665 10,830 11,096 11,360 Group C, master's degree plus 30 credit hours 9,440 9,705 9,970 10,236 10,600 10,765 11,030 11,295 11,660 Assistant director, audiovisual. Assistant director, practical ntirsing. Assistant director, subject field. Associate professor, teachers college. Chief librarian, teachers college. Supervisor, elementary education. Class 12: Group B, master's degree 8,805 9,070 9,336 9,600 9,866 10,130 10,395 10,660 10,925 Group C, master's degree plus 30 credit hours 9,005 9,270 9,535 9,800 10,065 10,330 10,595 10,860 11,125 Chief attendance officer. Clinical psychologist. Class 13: 7,900 8,226 8,650 8,876 9,200 9,526 9,860 10,176 10,500 Group B, master's degree Group C, master's degree, plus 8,100 8,425 8,760 9,076 9,400 9,725 10,050 10,376 10,700 30 credit hours Assistant professor, teachers college. Assistant professor, laboratory school. Psychiatric social worker.

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PUBLIC LAW 88-575-SEPT. 2, 1964

"Salary class and positio;-'.

885

Service Service Service Service Service Service Service Service step 1 step 2 step 3 step 4 step 5 step 6 step 7 step 8

Class 14: Group A, bachelor's degree $6,440 Group B, masler's degree . - . 6,940 Group C, master's degree plus 30 7,140 Class 15: Group A, bachelor's degree 5,350 Group B, master's degree 5,850 Group C, master's degree ulus 30 6,050 Attendance officer. Child labor inspector. Counselor, placement. Librarian, elementary and secondary schools. Librarian, teachers college. Research assistant. School social worker. Speech correctionist. Coordinator of practical nursing. Teacher, elementary and secondary schools. Census supervisor. Counselor, elementary and secondary schools. Instructor, teachers college. Instructor, laboratory school. School psyciiologist.

"Salary class and position

Class 14: Group fl. master's degree Group C, master's degree plus 30 credit Class 15: Group C, master's degree plus 30 credit

$7,.'520 $7,790 8,020 8,290

$8,060 8,560

$8,330 8,830

8,220

8,490

8,760

9,030

6,126 6.625

6,360 6,860

6.595 7,095

6,830 7,330

7.065 7,665

6,825

7,060

7,295

7,530

7,765

$6,710 7.210

$6,980 7,480

$7,250 7,750

7,410

7,680

7,950

5,620 6,120

.•;, P90 6,390

6,320

6,590

Service Service Service Service Service Lonstep step step step step gevity 9 10 11 12 13 stepX

$8,600 9,100

$8,870 9,370

$9,140 9,640

$9,410 9,910

$9,680 10,180

9,300

9,570

9,840

10,110

10,380

7.300 7,800

7,,535 8,035

7,770 8,270

8,005 8,505

8,240 8,740

$8,795 9,296

A. 000

8.2S.S

R 470

« (un

g tan

Longevity step Y

$9,360 9,850 in n.in".

Attendance officer. Child labor inspector. Counselor, placement. Librarian, elementary and secondary schools. Librarian, teachers college. Research assistant. School social worker. Speech correctionist. Coordinator of practical nursing. Teacher, elementary and secondary schools. Census supervisor. Counselor, elementary and secondary schools. Instructor, teachers college. Instructor, laboratory school. School psychologist.

(2) Subsection (a) of section 6 is amended by striking " (a) " and inserting in lieu thereof " (a)(1)", and by adding the following paragraph at the end thereof: " (2) Any teacher who was promoted from the salary class originally designated Salary Class 18 under this Act (redesignated as Salary Class 15 by amendments eflfective on January 1, 1963), if such promotion occurred after June 30, 1958, and prior to January 1, 1963, and who on the effective date of this paragraph occupies the same position to which he was promoted during such period shall be assigned to the numerical service step in his class, or class and group to whidi he would have been assigned had he been promoted on or after January 1, 1963."

76 Stat. 1233. D.C. Code 31-1531.

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 886 76 Stat. 1234. D.C. Code 31-1542.

PUBLIC LAW 88-575-SEPT. 2, 1964

[78 STAT.

(3) Section 13 is amended by striking "evening schools" wherever it appears in such section and inserting in lieu thereof "adult education schools", and by amending the schedule of pay rates contained in subsection (a) of such section to read as follows: Step

'Classification 1

2

3

Per diem SUMMER SCHOOL ( B E O U L A B)

Teacher, elementary and secondary schools, and instructor, District of Columbia Teachers College Assistant professor. District of Columbia Teachers College Associate professor, District of Columbia Teachers College Assistant principal, elementary and secondary schools Supervising director, and professor. District of Columbia Teachers College Principal, elementary and secondary schools

$20.97 25.16 27.26 30.41

$23.18 28.82 30.13 33.61

$25.29 3a 35 32.88 36.67

30.41 33.55

33.61 37.09

36.67 4a 46

Per period VETERANS SUMMER HIGH SCHOOL CENTERS

$31.46

Teacher Teacher. Assistant principal Principal

71 Stat. 47; 76 Stat. 1238. D.C. Code 31-729. Retroactive salary provisions.

64 Stat. 395. 5 USC 61f-61k.

Life insurance. 68 Stat. 736. 5 USC 2091 note.

Effective date.

$34.77

5.13 7.44 8.21

5.67 8.22 9.07

$37.94

ADULT EDUCATION SCHOOLS

6.18 8.96 9.89"

SEC. 202. The third sentence of section 9(b)(3) of the Act entitled "An Act for the retirement of public school teachers in the District of Columbia", approved August 7, 1946, as amended, is amended by striking "on the day after the employee dies" and inserting in lieu thereof "on the first day of the month following the teacher's death". SEC. 203. (a) Retroactive compensation or salary shall be paid by reason of this title only in the case of an individual in the service of the Board of Education of the District of Columbia (including service in the Armed Forces of the United States) on the date of enactment of this Act, except that such retroactive compensation or salary shall be paid (1) to any employee covered in this Act who retired during the period beginning on the day following the first day of the first pay period which began on or after July 1, 1964, and ending on the date of enactment of this Act for services rendered during such period, and (2) in accordance with theprovisions of the Act of August 3, 1950 (PublicLaw 636, Eighty-first Congress), as amended, for services rendered during the period beginning on the first day of the first pay period which l^gan on or after July 1, 1964, and ending on the date of enactment of this Act by any such employee who dies during such period. (b) For purposes of this section, service in the Armed Forces of the United States in the case of an individual relieved from training and service in the Armed Forces of the United States or discharged from hospitalization following such training and service, shall include the period provided by law for the mandatory restoration of such individual to a position in or under the municipal government of the District of Columbia. SEC. 204. For the purpose of determining the amount of insurance for which an individual is eligible under the Federal Employees' Group Life Insurance Act of 1954, as amended, all changes m rates of compensation or salary which result from the enactment of this title shall be held and considered to be effective as of the date of enactment of this Act. SEC. 205. The provisions of this title shall take effect on the first day of the first pay period beginning on or after July 1, 1964. Approved September 2, 1964.

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PUBLIC LAW 88-576-SEPT. 2, 1964

887

Public Law 88-576 AN ACT September 2, 1964 Making appropriations for military construction for the Department of Defense [H. R. ii369] for the fiscal year ending June 30, 1965, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following stmction^A^°rosums are appropriated, out of any money in the Treasury not other- priation Act, 1965. wise appropriated, for the fiscal year ending June 30, 1965, for military construction functions administered by the Department of Defense, and for other purposes, namely: MiLriARY CONSTRUCTION, ARMY

For acquisition, construction, installation, and equipment of temporary or permanent public works, military installations, and facilities for the Army as currently authorized in military public works or military construction Acts, and in sections 2673 and 2675 of title 10, United States Code, $300,393,000, to remain available until expended.

72 Stat. i459, 1460,

MILITARY CONSTRUCTION, NAVY

For acquisition, construction, installation, and equipment of temporary or permanent public works, naval installations, and facilities for the Navy as currently authorized in military public works or military construction Acts, and in sections 2673 and 2675 of title 10, United States Code, including personnel in the Bureau of Yards and Docks and other personal services necessary for the purposes of this appropriation, $247,867,000, to remain available until expended. MILITARY CONSTRUCTION, A I R FORCE

For acquisition, construction, installation, and equipment of temporary or permanent public works, military installations, and facilities for the Air Force as currently authorized in military public works or military construction Acts, in sections 2673 and 2675 of title 10, United States Code, and the Act of April 1, 1954 (Public Law 325), without regard to section 9774(d) of title 10, United States Code, $332,101,000, to remain available until expended. MILITARY CONSTRUCTION, DEFENSE AGENCIES

For acquisition, construction, installation and equipment of temporary or permanent public works, installations and facilities for activities and agencies of the Department of Defense (other than the military departments and the Office of Civil Defense), as currently authorized in military public works or military construction acts, and in sections 2673 and 2675 of title 10, United States Code, $12,656,000, to remain available until expended; and, in addition, not to exceed $20,000,000 to be derived by transfer from the appropriation "Research, development, test, and evaluation. Defense Agencies" as determined by the Secretary of Defense: Provided, That such amounts of this appropriation as may be determined by the Secretary of Defense may be transferred to such appropriations of the Department of Defense available for military construction as he may designate.

31-667 0-65—59

68 Stat. 47.

7OA Stat. 590.

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PUBLIC LAW 88-576-SEPT. 2, 1964

[78 STAT.

MILITARY CONSTRUCTION, A R M Y RESERVE

70A Stat. 120. ^^^ 10 USC 2231-

2238.

''"'

For construction, acquisition, expansion, rehabilitation, and conversion of facilities for the training and administration of the Army Reserve, as authorized by chapter 133 of title 10, United States Code, as amended, and the Reserve Forces Facilities Acts, $5,000,000, to remain available until expended. MILITARY CONSTRUCTION, NAVAL RESERVE

For construction, acquisition, expansion, rehabilitation, and conversion of facilities for the training and administration of "the reserve components of the Navy and Marine Corps, as authorized by chapter 133 of title 10, United States Code, as amended, and the Reserve Forces Facilities Acts, $7,000,000, to remain available until expended. MILITARY CONSTRUCTION, A I R FORCE RESERVE

For construction, acquisition, expansion, rehabilitation, and conversion of facilities for the training and administration of the A i r Force Reserve as authorized by chapter 133 of title 10, United States Code, as amended, and the Reserve Forces Facilities Acts, $5,000,000, to remain available until expended. MILITARY CONSTRUCTION, A R M Y NATIONAL GUARD

For construction, acquisition, expansion, rehabilitation, and conversion of facilities for the training and administration of the Army National Guard, and contributions therefor, as authorized by chapter 133 of title 10, United States Code, as amended, and the Reserve Forces Facilities Acts, $10,800,000, to remain available until expended. MILITARY CONSTRUCTION, A I R NATIONAL GUARD

For construction, acquisition, expansion, rehabilitation, and conversion of facilities for the training and administration of the Air National Guard, and contributions therefor, as authorized by chapter 133 of title 10, United States Code, as amended, and the Reserve Forces Facilities Acts, $14,000,000, to remain available until expended. LoRAN S T A T I O N S,

DEFENSE

For construction of additional loran stations by the Coast Guard, $5,000,000, to remain available until expended, which shall be transferred on approval of the Secretary of Defense to the appropriation, "Acquisition, construction, and improvements", Coast Guard. F A M I L Y HOUSING, DEFENSE

For expenses of family housing for the Army, Navy, Marine Corps, Air Force, and Defense agencies, for construction, including acquisition, replacement, addition, expansion, extension and alteration, and for operation, maintenance, and debt payment, including leasing, minor construction, principal and interest charges and insurance premiums, as authorized by law, $631,161,000, to be obligated and expended in the Family Housing Management Account established pur-

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PUBLIC LAW 88-576-SEPT. 2, 1964

889

suant to section 501(a) of Public Law 87-554, in not to exceed the ^^ ^^^ ^5^^43-1 following amounts: For the Army: Construction, $35,600,000; Operation, maintenance, $124,710,000; Debt payment, $48,618,000. For the Navy and Marine Corps: Construction, $64,544,000; Operation, maintenance, $65,331,000; Debt payment, $32,408,000. For the Air Force: Construction, $57,589,000; Operation, maintenance, $108,058,000; Debt payment, $90,801,000. For Defense agencies: Construction, $981,000; Operation, maintenance, $2,511,000. Provided, That the unexpended balances of amounts heretofore provided under this head for construction, and the amounts appropriated herein for that purpose, shall remain available until expended. SEC. 101. Funds appropriated to the military departments for construction in prior years are hereby made available for construction authorized for each such department by the authorizations enacted into law during the second session of the Eighty-eighth Congress. SEC. 102. None of the funds appropriated in this Act shall be expended for payments under a cost-plus-a-fixed-fee contract for work, where cost estimates exceed $25,000, to be performed within the United States, except Alaska, without the specific approval in writing of the Secretary of Defense setting forth the reasons therefor. SEC. 103. None of the funds appropriated in this Act shall be expended for additional costs involved in expediting construction unless the Secretary of Defense certifies such costs to be necessary to protect the national interest and establishes a reasonable completion date for each project, taking into consideration the urgency of the requirement, the type and location of the project, the climatic and seasonal conditions affecting the construction and the application of economical construction practices. SEC. 104. None of the funds appropriated in this Act shall be used for the construction, replacement, or reactivation of any bakery, laundry, or drycleaning facility in the United States, its territories, or possessions, as to which the Secretary of Defense does not certify, in writing, giving his reasons therefor, that the services to be furnished by such facilities are not obtainable from commercial sources at reasonable rates. SEC. 105. Funds appropriated to the military departments for construction are hereby made available for hire of passenger motor vehicles. SEC. 106. Funds appropriated to the military departments for construction may be used for advances to the Bureau of Public Roads, Department of Commerce, for the purposes of section 210 of title 23, United States Code, when projects authorized therein are certified as 75^stat^*i2^3°^' important to the national defense by the Secretary of Defense. SEC. 107. None of the funds appropriated in this Act may be used to begin construction of new bases for which specific appropriations have not been made. SEC. 108. No part of the funds contained in this Act shall be used for the construction of hospitals or composite medical facilities which do not provide facilities for obstetrical services.

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Page:United States Statutes at Large Volume 78.djvu/932

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PUBLIC LAW 88-577-SEPT. 3, 1964

Short title.

[78 STAT.

SEC. 109. No part of the funds provided in this Act shall be used for purchase of land or land easements in excess of 100 per centum of the value as determined by the Corps of Engineers or the Bureau of Yards and Docks, except: (a) where there is a determination of value by a Federal court, (b) purchases negotiated by the Attorney General or his designee, and (c) where the estimated value is less than $25,000. SEC. 110. None of the funds appropriated in this Act may be used to make payments under contracts for any project in a foreign country unless the Secretary of Defense or his designee, after consultation with the Secretary of the Treasury or his designee, certifies to the Congress that the use, by purchase from the Treasury, of currencies of such country acquired pursuant to law is not feasible for the purpose, stating the reason therefor. SEC. 111. This Act may be cited as the Military Construction Appropriation Act, 1965. Approved September 2, 1964. Public Law 88-577

September 3, 1964

[£;_f]

Wilderness Act.

AN ACT To establish a National Wilderness Preservation System for the permanent good of the whole people, and for other purposes.

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

of the

SHORT TITLE

SECTION

1. This Act may be cited as the "Wilderness Act".

WILDERNESS SYSTEM E 8 T A E L I S H E D STATEMENT OF POLICY

SEC. 2. (a) In order to assure that an increasing population, accompanied by expanding settlement and growing mechanization, does not occupy and modify all areas within the United States and its possessions, leaving no lands designated for preservation and protection in their natural condition, it is hereby declared to be the policy of the Congress to secure for the American people of present and future generations the benefits of an enduring resource of wilderness. For this purpose there is hereby established a National Wilderness Preservation System to be composed of federally owned areas designated by Congress as "wilderness areas", and these shall be administered for the use and enjoyment of the American people in such manner as will leave them unimpaired for future use and enjoyment as wilderness, and so as to provide for the protection of these areas, the preservation of their wilderness character, and for the gathering and dissemination of information regarding their use and enjoyment as wilderness; and no Federal lands shall be designated as "wilderness areas" except as provided for in this Act or by a subsequent Act. (b) The inclusion of an area in the National Wilderness Preservation System notwithstanding, the area shall continue to be managed by the Department and agency having jurisdiction thereover immediately before its inclusion in the National Wilderness Preservation System unless otherwise provided by Act of Congress. No appropriation shall be available for the payment of expenses or salaries for the administration of the National Wilderness Preservation System as a separate unit nor shall any appropriations be available for additional personnel

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Page:United States Statutes at Large Volume 78.djvu/933

 78 STAT. ]

PUBLIC LAW 88-577-SEPT. 3, 1964

891

stated as being required solely for the purpose of managing or administering areas solely because they are included within the National Wilderness Preservation System. DEFINITION OF WIIJ)ERNESS

(c) A wilderness, in contrast with those areas where man and his own works dominate the landscape, is hereby recognized as an area where the earth and its community of life are untrammeled by man, where man himself is a visitor who does not remain. An area of wilderness is further defined to mean in this Act an area of undeveloped Federal land retaining its primeval character and influence, without permanent improvements or human habitation, which is protected and mansiged so as to preserve its natural conditions and which (1) generally appears to have been affected primarily by the forces of jiature, with the imprint of man's work substantially unnoticeable; (2) has outstanding opportunities for solitude or a primitive and unconfined type of recreation; (3) has at least five thousand acres of land or is of sufficient size as to make practicable its preservation and use in an unimpaired condition; and (4) may also contain ecological, geological, or other features of scientific, educational, scenic, or historical viuue. N A T I O N A L WILDERNESS PRESERVATION S Y S T E M — E X T E N T OF SYSTEM

SEC. 3. (a) All areas within the national forests classified at least 30 days before the effective date of this Act by the Secretary of Agriculture or the Chief of the Forest Service as "wilderness", "wild", or "canoe" are hereby designated as wilderness areas. The Secretary of Agriculture shall— (1) Within one year after the effective date of this Act, file a map and legal description of each wilderness area with the Interior and Insular Affairs Committees of the United States Senate and the House of Representatives, and such descriptions shall have the same force and effect as if included in this Act: Provided, however, That correction of clerical and typographical errors in such legal descriptions and maps may be made. (2) Maintain, available to the public, records pertaining to said wilderness areas, including maps and legal descriptions, copies of regulations governing them, copies of public notices of, and reports submitted to Congress regarding pending additions, eliminations, or modifications. Maps, legal descriptions, and regulations pertaining to wilderness areas within their respective jurisdictions also shall be available to the public in the offices of regional foresters, national forest supenasors, and forest rangers. (b) The Secretary of Agriculture shall, within ten years after the classification. enactment of this Act, review, as to its suitability or nonsuitability for preservation as wilderness, each area in the national forests classified on the effective date of this Act by the Secretary of Agriculture or the Chief of the Forest Service as "primitive" and report his findings to the President. The President shall advise the United States Senate rerommendluon and House of Representatives of his recommendations with respect ro to cot^ress. °" the designation as "wilderness" or other reclassification of each area on which review has been completed, together with maps and a definition of boundaries. Such advice shall be given with respect to not less than one-third of all the areas now classified as "primitive" within three years after the enactment of this Act, not less than two-thirds within seven years after the enactment of this Act, and the remaining areas within ten years after the enactment of this Act. Each recommenda- ^ ^°"^a"''^°"°^ tion of the President for designation as "wilderness" shall become

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Page:United States Statutes at Large Volume 78.djvu/934

 892

PUBLIC LAW88-577-SEPT. 3, 1964

[78 STAT.

effective only if so provided by an Act of Congress. Areas classified as "primitive" on the effective date of this Act shall continue to be administered under the rules and regulations affecting such areas on the effective date of this Act until Congress has determined otherwise. Any such area may be increased in size by the President at the time he submits his recommendations to the Congress by not more than five thousand acres with no more than one thousand two hundred and eighty acres of such increase in any one compact imit; if it is proposed to increase the size of any such area by more than five thousand acres or by more than one thousand two hundred and eighty acres in any one compact unit the increase in size shall not become effective until acted upon by Congress. Nothing herein contained shall limit the President in proposing, as part of his recommendations to Congress, the alteration of existing boundaries of primitive areas or recommending the addition of any contiguous area of national forest lands predominantly of wilderness value. Notwithstanding any other provisions of this Act, the Secretary of Agriculture may complete his review and delete such area as may be necessary, but not to exceed seven thousand acres, from the southern tip of the Gore Range-Eagles Nest Primitive Area, Colorado, if the Secretary determines that such action is in the public interest. Report to President.

Presidential recommendation to Congress.

Congressional approval.

Suitability.

Publication in Federal Register.

Hearings. Publication in Federal Register.

(c) Within ten years after the effective date of this Act the Secretary of the Interior shall review every roadless area of five thousand contiguous acres or more in the national parks, monuments and other units of the national park system and every such area of, and every roadless island within, the national wildlife refuses and game ranges, under his iurisdiction on the effective date of this Act and shall report to the President his recommendation as to the suitability or nonsuitability of each such area or island for preservation as wilderness. The President shall advise the President of the Senate and the Speaker of the House of Representatives of his recommendation with respect to the designation as wilderness of each such area or island on which review has been completed, together with a map thereof and a definition of its boundaries. Such advice shall be given with respect to not less than one-third of the areas and islands to be reviewed under this subsection within three years after enactment of this Act, not less than two-thirds within seven years of enactment of this Act, and the remainder within ten years of enactment of this Act. A recommendation of the President for designation as wilderness shall become effective only if so provided by an Act of Congress. Nothing contained herein shall, by implication or otherwise, be construed to lessen the present statutory authority of the Secretary of the Interior with respect to the maintenance of roadless areas within units of the national park system. (d)(1) The Secretary of Agriculture and the Secretary of the Interior shall, prior to submitting any recommendations to the President with respect to the suitability of any area for preservation as wilderness— (A) ^ive such public notice of the proposed action as they deem appropriate, including publication in the Federal Register and in a newspaper having general circulation in the area or areas in the vicinity of the affected land; (B) hold a public hearing or hearings at a location or locations convenient to the area aft'ected. The hearings shall be announced through such means as the respective Secretaries involved deem appropriate, including notices in the Federal Register and in newspapers of general circulation in the area: Provided, That if the lands involved are located in more than one State, at least one hearing shall be held in each State in which a portion of the land lies;

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Page:United States Statutes at Large Volume 78.djvu/935

 78 STAT. ]

PUBLIC LAW 88-577-SEPT. 3, 1964

(C) at least thirty days before the date of a hearing advise the Governor of each State and the governing board of each county, or in Alaska'the borough, in which the lands are located, and Federal departments and agencies concerned, and invite such officials and Federal agencies to submit their views on the proposed action at the hearing or by no later than thirty days following the date of the hearing. (2) Any views submitted to the appropriate Secretary under the provisions of (1) of this subsection with respect to any area shall be included with any recommendations to the President and to Congress with respect to such area, (e) Any modification or adjustment of boundaries of any wilderness area shall be recommended by the appropriate Secretary after public notice of such proposal and public hearing or hearings as provided in subsection (d) of this section. The proposed modification or adjustment shall then be recommended with map and description thereof to the President. The President shall advise the United States Senate and the House of Representatives of his recommendations with respect to such modification or adjustment and such recommendations shall become effective only in the same manner as provided for in subsections (b) and (c) of this section.

893

Proposed modi-

USE OF WILDERNESS AREAS

SEC. 4. (a) The purposes of this Act are hereby declared to be within and supplemental to the purposes for which national forests and units of the national park and national wildlife refuge systems are established and administered and— (1) Nothing in this Act shall be deemed to be in interference with the purpose for which national forests are established as set forth in the Act of June 4, 1897 (30 Stat. 11), and the MultipleUse Sustained-Yield Act of June 12, 1960 (74 Stat. 215). (2) Nothing in this Act shall modify the restrictions and provisions of the Shipstead-Nolan Act (Public Law 539, Seventyfirst Congress, July 10, 1930; 46 Stat. 1020), the Thve-Blatnik Act (Public Law 733, Eightieth Congress, June 22, 1948; 62 Stat. 568), and the Humphrey-Thye-Blatnik-Andresen Act (Public Law 607, Eighty-fourth Congress, June 22, 1956; 70 Stat. 326), as applying to the Superior National Forest or the regulations of the Secretary of Agriculture. (3) Nothing in this Act shall modify the statutory authority under which units of the national park system are created. Further, the designation of any area of any park, monument, or other unit of the national park system as a wilderness area pursuant to this Act shall in no manner lower the standards evolved for the use and preservation of such park, monument, or other unit of the national park system in accordance with the Act of August 25, 1916, the statutory authority under which the area was created, or any other Act of Congress which might pertain to or affect such area, including, but not limited to, the Act of June 8, 1906 (34 Stat. 225; 16 U.S.C. 432 et seq.); section 3(2) of the Federal Power Act (16 U.S.C. 7 9 6 (2)); and the Act of August 21, 1935 (49 Stat. 666; 16 U.S.C. 461 et seq.). (b) Except as otherwise provided in this Act, each agency administering any area designated as wilderness shall be responsible for preserving the wilderness character of the area and shall so administer such area for such other purposes for which it may have been established as also to preserve its wilderness character. Except as other-

'^ "^^ ^^s. ^^ "sc 528-531. 577^"^^"'" 5^/^'^s^ 577cle'usc 577d.i. 577g-i, 577h.

jgus^' ^^^' ^t seq. ^i Stat. loea.

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Page:United States Statutes at Large Volume 78.djvu/936

 894

PUBLIC LAW 88-577-SEPT. 3, 1964

[78 STAT.

wise provided in this Act, wilderness areas shall be devoted to the public purposes of recreational, scenic, scientific, educational, conservation, and historical use. PROHIBITION

OP CERTAIN

USES

(c) Except as specifically provided for in this Act, and subject to existing private rights, there shall be no commercial enterprise and no permanent road within any wilderness area designated by this Act and, except as necessary to meet minimum requirements for the administration of the area for the purpose of this Act (including measures required in emergencies involving the health and safety of persons within the area), there shall be no temporary road, no use of motor vehicles, motorized equipment or motorboats, no landing of aircraft, no other form of mechanical transport, and no structure or installation within any such area. SPECIAL PROVISIONS

i^i^V^ltn^"

claims, etc.

(d) The following special provisions are hereby made: (1) Within wilderness areas designated by this Act the use of aircraft or motorboats, where these uses have already become established, may be permitted to continue subject to such restrictions as the Secretary of Agriculture deems desirable. I n addition, such measures may be taken as may be necessary in the control of fire, insects, and diseases, subject to such conditions as the Secretary deems desirable. (2) Nothing in this Act shall prevent within national forest wilderness areas any activity, including prospecting, for the purpose of gathering information about mineral or other resources, if such activity IS carried on in a manner compatible with the preservation of the wilderness environment. Furthermore, in accordance with such program as the Secretary of the Interior shall develop and conduct in consultation with the Secretary of Agriculture, such areas shall be surveyed on a planned, recurring basis consistent with the concept of wilderness preservation by the Geological Survey and the Bureau of Mines to determine the mineral values, if any, that may be present; and the results of such surveys shall be made available to the public and submitted to the President and Congress. (^) Notwithstanding any other provisions of this Act, until midnight December 31, 1983, the United States mining laws and all laws pertaining to mineral leasing shall, to the same extent as applicable )rior to the effective date of this Act, extend to those national forest ands designated by this Act as "wilderness areas"; subject, however, to such reasonable regulations governing ingress and egress as may be prescribed by the Secretary of Agriculture consistent with the use of the land for mineral location and development and exploration, drilling, and production, and use of land for transmission lines, waterlines, telephone lines, or facilities necessary in exploring, drilling, producing, mining, and processing operations, including where essential the use of mechanized ground or air equipment and restoration as near as practicable of the surface of the land disturbed in performing prospecting, location, and, in oil and gas leasing, discovery work, exploration, drilling, and production, as soon as they have served their purpose. Mining locations lying within the boundaries of said wilderness areas shall be held and used solely for mining or processing operations and uses reasonably incident thereto; and hereafter, subject to valid existing rights, all patents issued under the mining laws of the United States affecting national forest lands designated by this Act as wilderness areas shall convey title to the mineral deposits

f

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Page:United States Statutes at Large Volume 78.djvu/937

 78 STAT. ]

PUBLIC LAW 88-577-SEPT. 3, 1964

within the claim, together with the right to cut and use so much of the mature timber therefrom as may be needed in the extraction, removal, and beneficiation of the mineral deposits, if needed timber is not otherwise reasonably available, and if the timber is cut under sound principles of forest management as defined by the national forest rules and regulations, but each such patent shall reserve to the United States all title in or to the surface of the lands and products thereof, and no use of the surface of the claim or the resources therefrom not reasonably required for carrying on mining or prospecting shall be allowed except as otherwise expressly provided in this Act: Provided, That, unless hereafter specifically authorized, no patent within wilderness areas designated by this Act shall issue after December 31, 1983, except for the valid claims existing on or before December 31, 1983. Mining claims located after the effective date of this Act within the boundaries of wilderness areas designated by this Act shall create no rights in excess of those rights which may be patented under the provisions of this subsection. Mineral leases, permits, and licenses covering lands within national forest wilderness areas designated by this Act shall contain such reasonable stipulations as may be prescribed by the Secretary of Agriculture for the protection of the wilderness character of the land consistent with the use of the land for the purposes for which they are leased, permitted, or licensed. Subject to valid rights then existing, effective January 1, 1984, the minerals in lands designated by this Act as wilderness areas are withdrawn from all forms of appropriation under the mining laws and from disposition under all laws pertaining to mineral leasing and all amendments thereto. (4) Within wilderness areas in the national forests designated by this Act, (1) the President may, within a specific area and in accordance with such regulations as he may deem desirable, authorize prospecting for water resources, the establishment and maintenance of reservoirs, water-conservation works, power projects, transmission lines, and other facilities needed in the public interest, including the road construction and maintenance essential to development and use thereof, upon his determination that such use or uses in the specific area will better serve the interests of the United States and the people thereof than will its denial; and (2) the grazing of livestock, where established prior to the effective date of this Act, shall be permitted to continue subject to such reasonable regulations as are deemed necessary by the Secretary of Agriculture. (5) Other provisions of this Act to the contrary notwithstanding, the management of the Boundary Waters Canoe Area, formerly designated as the Superior, Little Indian Sioux, and Caribou Roadless Areas, in the Superior National Forest. Minnesota, shall be in accordance with regulations established by the Secretary of Agriculture in accordance with the general purpose of maintaining, without unnecessary restrictions on other uses, including that of timber, the primitive character of the area, particularly in the vicinity of lakes, streams, and portages: Provided, That nothing in this Act shall preclude the continuance within the area of any already established use of motorboats. (6) Commercial services may be performed within the wilderness areas designated by this Act to the extent necessary for activities which are proper for realizing the recreational or other wilderness purposes of the areas. (7) Nothing in this Act shall constitute an express or implied claim or denial on the part of the Federal Government as to exemption from State water laws.

895

^^*"" 'esources.

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Page:United States Statutes at Large Volume 78.djvu/938

 896

PUBLIC LAW 88-577-SEPT. 3, 1964

[78 STAT.

(8) Nothing in this Act shall be construed as affecting the jurisdiction or responsibilities of the several States with respect to wildlife and fish in the national forests. STATE A N D PRIVATE LANDS W I T H I N WILDERNESS AREAS

Transfers, restriction-

Acquisition.

SEC. 5. (a) In any case where State-owned or privately owned land is completely surrounded by national forest lands within areas designated by this Act as wilderness, such State or private owner shall be given such rights as may be necessary to assure adequate access to such State-owned or privately owned land by such State or private owner and their successors in interest, or the State-owned land or privately owned land shall be exchanged for federally owned land in the same State of approximately equal value under authorities available to the Secretary of Agriculture: Provided, however, That the United States shall not transfer to a State or private owner any mineral interests unless the State or private owner relinquishes or causes to be relinquished to the United States the mineral interest in the surrounded land. (b) I n any case where valid mining claims or other valid occupancies are wholly within a designated national forest wilderness area, the Secretary of Agriculture shall, by reasonable regulations consistent with the preservation of the area as wilderness, permit ingress and egress to such surrounded areas by means which have been or are being customarily enjoyed with respect to other such areas similarly situated. (c) Subject to the appropriation of funds by Congress, the Secretary of Agriculture is authorized to acquire privately owned land within the perimeter of any area designated by this Act as wilderness if (1) the owner concurs in such acquisition or (2) the acquisition is specifically authorized by Congress. GIFTS, BEQUESTS, A N D

CONTRIBUTIONS

SEC. 6. (a) The Secretary of Agriculture may accept gifts or bequests of land within wilderness areas designated by this Act for preservation as wilderness. The Secretary of Agriculture may also accept gifts or bequests of land adjacent to wilderness areas designated by this Act for preservation as wilderness if he has given sixty days advance notice thereof to the President of the Senate and the Speaker of the House of Representatives. Land accepted by the Secretary of Agriculture under this section shall become part of the wilderness area involved. Regulations with regard to any such land may be in accordance with such agreements, consistent with the policy of this Act, as are made at the time of such gift, or such conditions, consistent with such policy, as may be included in, and accepted with, such bequest. (b) The Secretary of Agriculture or the Secretary of the Interior is authorized to accept private contributions and gifts to be used to further the purposes of this Act. A N N U A L tlEPORTS

SEC. 7. A t the opening of each session of Congress, the Secretaries of Agriculture and Interior shall jointly report to the President for transmission to Congress on the status of the wilderness system, including a list and descriptions of the areas in the system, regulations in effect, and other pertinent information, together with any recommendations they may care to make. Approved September 3, 1964.

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Page:United States Statutes at Large Volume 78.djvu/939

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

1. (a) .—This Act may be cited as the “Land and Water Conservation Fund Act of 1965” and shall become effective on January 1, 1965.

(b) .—The purposes of this Act are to assist in preserving, developing, and assuring accessibility to all citizens of the United States of America of present and future generations and visitors who are lawfully present within the boundaries of the United States of America such quality and quantity of outdoor recreation resources as may be available and are necessary and desirable for individual active participation in such recreation and to strengthen the health and vitality of the citizens of the United States by (1) providing funds for and authorizing Federal assistance to the States in planning, acquisition, and development of needed land and water areas and facilities and (2) providing funds for the Federal acquisition and development of certain lands and other areas.

2. .—During the period ending June 80, 1989, and during such additional period as may be required to repay any advances made pursuant to section 4(b) of this Act, there shall be covered into the land and water conservation fund in the Treasury of the United States, which fund is hereby established and is hereinafter referred to as the “fund”, the following revenues and collections:

(a) .—All proceeds from entrance, admission, and other recreation user fees or charges collected or received by the National Park Service, the Bureau of Land Management, the Bureau of Sport Fisheries and Wildlife, the Bureau of Reclamation, the Forest Service, the Corps of Engineers, the Tennessee Valley Authority, and the United States section of the International Boundary and Water Commission (United States and Mexico), notwithstanding any provision of law that such proceeds shall be credited to miscellaneous receipts of the Treasury: Provided, That nothing in this Act shall affect any rights or authority of the States with respect to fish and wildlife, nor shall this Act repeal any provision of law that permits States or political subdivisions to share in the revenues from Federal lands or any provision of law that provides that any fees or charges collected at particular Federal areas shall be used for or credited to specific purposes or special funds as authorized by that provision of law; but the proceeds from fees or charges established by the President pursuant to this subsection for entrance or admission generally to Federal areas shall be used solely for the purposes of this Act.

The President is authorized, to the extent and within the limits hereinafter set forth, to designate or provide for the designation of land or water areas administered by or under the authority of the


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Page:United States Statutes at Large Volume 78.djvu/940

  Federal agencies listed in the preceding paragraph at which entrance, admission, and other forms of recreation user fees shall be charged and to establish and revise or provide for the establishment and revision of such fees as follows:
 * (i) An annual fee of not more than $7 payable by a person entering an area so designated by private noncommercial automobile which, if paid, shall excuse the person paying the same and anyone who accompanies him in such automobile from payment of any other fee for admission to that area and other areas administered by or under the authority of such agencies, except areas which are designated by the President as not being within the coverage of the fee, during the year for which the fee has been paid.
 * (ii) Fees for a single visit or a series of visits during a specified period of less than a year to an area so designated payable by persons who choose not to pay an annual fee under clause (i) of this paragraph or who enter such an area by means other than private noncommercial automobile.
 * (iii) Fees payable for admission to areas not within the coverage of a fee paid under clause (i) of this paragraph.
 * (iv) Fees for the use within an area of sites, facilities, equipment, or services provided by the United States.

Entrance and admission fees may be charged at areas administered primarily for scenic, scientific, historical, cultural, or recreational purposes. No entrance or admission fee shall be charged except at such areas or portions thereof administered by a Federal agency where recreation facilities or services are provided at Federal expense. No fee of any kind shall be charged by a Federal agency under any provision of this Act for use of any waters. All fees established pursuant to this subsection shall be fair and equitable, taking into consideration direct and indirect cost to the Government, benefits to the recipient, public policy or interest served, and other pertinent factors. Nothing contained in this paragraph shall authorize Federal hunting or fishing licenses or fees or charges for commercial or other activities not related to recreation. No such fee shall be charged for travel by private noncommercial vehicle over any national parkway or any road or highway established as a part of the national Federal-aid system, as defined in section 101, title 23, United States Code, or any road within the National Forest system or a public land area, which, though it is part of a larger area, is commonly used by the public as a means of travel between two places either or both of which are outside the area. No such fee shall be charged any person for travel by private noncommercial vehicle over any road or highway to any land in which such person has any property right if such land is within any such designated area.

No fees established under clause (ii) or clause (iii) of the second paragraph of this subsection shall become effective with respect to any area which embraces lands more than half of which have heretofore been acquired by contribution from the government of the State in which the area is located until sixty days after the officer of the United States who is charged with responsibility for establishing such fees has advised the Governor of the affected State, or an agency of the State designated by the Governor for this purpose, of his intention so to do, and said officer shall, before finally establishing such fees, give consideration to any recommendation that the Governor or his designee may make with respect thereto within said sixty days and to all obligations, legal or otherwise, that the United States may owe to the State concerned and to its citizens with respect to the area in question. In the Smoky Mountains National Park, unless fees are


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Page:United States Statutes at Large Volume 78.djvu/941

  charged for entrance into said park on main highways and thoroughfares, fees shall not be charged for entrance on other routes into said park or any part thereof.

There is hereby repealed the third paragraph from the end of the division entitled “National Park Service” of section 1 of the Act of March 7, 1928 (45 Stat. 238) and the second paragraph from the end of the division entitled “National Park Service” of section 1 of the Act of March 4, 1929 (45 Stat. 1602; 16 U.S.C. 14). Section 4 of the Act entitled “An Act authorizing the construction of certain public works on rivers and harbors for flood control, and for other purposes”, approved December 24, 1944 (16 U.S.C. 460d), as amended by the Flood Control Act of 1962 (76 Stat. 1195) is further amended by deleting “, without charge,” in the third sentence from the end thereof. All other provisions of law that prohibit the collection of entrance, admission, or other recreation user fees or charges authorized by this Act or that restrict the expenditure of funds if such fees or charges are collected are hereby also repealed: Provided, That no provision of any law or treaty which extends to any person or class of persons a right of free access to the shoreline of any reservoir or other body of water, or to hunting and fishing along or on such shoreline, shall be affected by this repealer.

The heads of departments and agencies are authorized to prescribe rules and regulations for the collection of any entrance, admission, and other recreation user fees or charges established pursuant to this subsection for areas under their administration: Provided further, That no free passes shall be issued to any Member of Congress or other government official. Clear notice that a fee or charge has been established shall be posted at each area to which it is applicable. Any violation of any rules or regulations promulgated under this title at an area so posted shall be punishable by a fine of not more than $100. Any person charged with the violation of such rules and regulations may be tried and sentenced by any United States commissioner specially designated for that purpose by the court by which he was appointed, in the same manner and subject to the same conditions as provided for in title 18, United States Code, section 3401, subsections (b), (c), (d), and (e), as amended.

(b) .—All proceeds (except so much thereof as may be otherwise obligated, credited, or paid under authority of those provisions of law set forth in section 485(b)–(e), title 40, United States Code, or the Independent Offices Appropriation Act, 1963 (76 Stat. 725) or in any later appropriation Act) hereafter received from any disposal of surplus real property and related personal property under the Federal Property and Administrative Services Act of 1949, as amended, notwithstanding any provision of law that such proceeds shall be credited to miscellaneous receipts of the Treasury. Nothing in this Act shall affect existing laws or regulations concerning disposal of real or personal surplus property to schools, hospitals, and States and their political subdivisions.

(c) .—The amounts provided for in section 201 of this Act.

3. .—Moneys covered into the fund shall be available for expenditure for the purposes of this Act only when appropriated therefor. Such appropriations may be made without fiscal-year limitation. Moneys covered into this fund not subsequently authorized by the Congress for expenditures within two fiscal years following the fiscal year in which such moneys had been credited to the fund, shall be transferred to miscellaneous receipts of the Treasury.


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4. (a) .—There shall be submitted with the annual budget of the United States a comprehensive statement of estimated requirements during the ensuing fiscal year for appropriations from the fund. In the absence of a provision to the contrary in the Act making an appropriation from the fund, (i) the appropriation therein made shall be available in the ratio of 60 per centum for State purposes and 40 per centum for Federal purposes, but (ii) the President may, during the first five years in which appropriations are made from the fund, vary said percentages by not more than 15 points either way to meet, as nearly as may be, the current relative needs of the States and the Federal Government.

(b) .—Beginning with the third full fiscal year in which the fund is in operation, and for a total of eight years, advance appropriations are hereby authorized to be made to the fund from any moneys in the Treasury not otherwise appropriated in such amounts as to average not more than $60,000,000 for each fiscal year. Such advance appropriations shall be available for Federal and State purposes in the same manner and proportions as other moneys appropriated from the fund. Such advance appropriations shall be repaid without interest, beginning at the end of the next fiscal year after the first ten full fiscal years in which the fund has been in operation, by transferring, annually until fully repaid, to the general fund of the Treasury 50 per centum of the revenues received by the land and water conservation fund each year under section 2 of this Act prior to July 1, 1989, and 100 per centum of any revenues thereafter received by the fund. Revenues received from the sources specified in section 2 of this Act after July 1, 1989, or after payment has been completed as provided by this subsection, whichever occurs later, shall be credited to miscellaneous receipts of the Treasury. The moneys in the fund that are not required for repayment purposes may continue to be appropriated and allocated in accordance with the procedures prescribed by this Act.

5. .—(a) The Secretary of the Interior (hereinafter referred to as the “Secretary”) is authorized to provide financial assistance to the States from moneys available for State purposes. Payments may be made to the States by the Secretary as hereafter provided, subject to such terms and conditions as he considers appropriate and in the public interest to carry out the purposes of this Act, for outdoor recreation: (1) planning, (2) acquisition of land, waters, or interests in land or waters, or (3) development.

(b) .—Sums appropriated and available for State purposes for each fiscal year shall be apportioned among the several States by the Secretary, whose determination shall be final, in accordance with the following formula:
 * (1) two-fifths shall be apportioned equally among the several States; and
 * (2) three-fifths shall be apportioned on the basis of need to individual States by the Secretary in such amounts as in his judgment will best accomplish the purposes of this Act. The determination of need shall include among other things a consideration of the proportion which the population of each State bears to the total population of the United States and of the use of outdoor recreation resources of individual States by persons from outside


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  : the State as well as a consideration of the Federal resources and programs in the particular States. The total allocation to an individual State under paragraphs (1) and (2) of this subsection shall not exceed 7 per centum of the total amount allocated to the several States in any one year.

The Secretary shall notify each State of its apportionments; and the amounts thereof shall be available thereafter for payment to such State for planning, acquisition, or development projects as hereafter prescribed. Any amount of any apportionment that has not been paid or obligated by the Secretary during the fiscal year in which such notification is given and for two fiscal years thereafter shall be reapportioned by the Secretary in accordance with paragraph (2) of this subsection.

The District of Columbia, Puerto Rico, the Virgin Islands, Guam, and American Samoa shall be treated as States for the purposes of this title, except for the purpose of paragraph (1) of this subsection. Their population also shall be included as a part of the total population in computing the apportionment under paragraph (2) of this subsection.

(c) .—Payments to any State shall cover not more than 50 per centum of the cost of planning, acquisition, or development projects that are undertaken by the State. The remaining share of the cost shall be borne by the State in a manner and with such funds or services as shall be satisfactory to the Secretary. No payment may be made to any State for or on account of any cost or obligation incurred or any service rendered prior to the date of approval of this Act.

(d) .—A comprehensive statewide outdoor recreation plan shall be required prior to the consideration by the Secretary of financial assistance for acquisition or development projects. The plan shall be adequate if, in the judgment of the Secretary, it encompasses and will promote the purposes of this Act. The plan shall contain—
 * (1) the name of the State agency that will have authority to represent and act for the State in dealing with the Secretary for purposes of this Act;
 * (2) an evaluation of the demand for and supply of outdoor recreation resources and facilities in the State;
 * (3) a program for the implementation of the plan; and
 * (4) other necessary information, as may be determined by the Secretary.

The plan shall take into account relevant Federal resources and programs and shall be correlated so far as practicable with other State, regional, and local plans. Where there exists or is in preparation for any particular State a comprehensive plan financed in part with funds supplied by the Housing and Home Finance Agency, any statewide outdoor recreation plan prepared for purposes of this Act shall be based upon the same population, growth, and other pertinent factors as are used in formulating the Housing and Home Finance Agency financed plans.

The Secretary may provide financial assistance to any State for projects for the preparation of a comprehensive statewide outdoor recreation plan when such plan is not otherwise available or for the maintenance of such plan.

(e) .—In addition to assistance for planning projects, the Secretary may provide financial assistance to any State for the following types of


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 projects or combinations thereof if they are in accordance with the btate comprehensive plan:
 * (1) .—For the acquisition of land, waters, or interests in land or waters (other than land, waters, or interests in land or waters acquired from the United States for less than fair market value), but not including incidental costs relating to acquisition.
 * (2) .—For development, including but not limited to site planning and the development of Federal lands under lease to States for terms of twenty-five years or more.

(f) .—Payments may be made to States by the Secretary only for those planning, acquisition, or development projects that are approved by him. No payment may be made by the Secretary for or on account of any project with respect to which financial assistance has been given or promised under any other Federal program or activity, and no financial assistance may be given under any other Federal program or activity for or on account of any project with respect to which such assistance has been given or promised under this Act. The Secretary may make payments from time to time in keeping with the rate of progress toward the satisfactory completion of individual projects: Provided, That the approval of all projects and all payments, or any commitments relating thereto, shall be withheld until the Secretary receives appropriate written assurance from the State that the State has the ability and intention to finance its share of the cost of the particular project, and to operate and maintain by acceptable standards, at State expense, the particular properties or facilities acquired or developed for public outdoor recreation use.

Payments for all projects shall be made by the Secretary to the Governor of the State or to a State official or agency designated by the Governor or by State law having authority and responsibility to accept and to administer funds paid hereunder for approved projects. If consistent with an approved project, funds may be transferred by the State to a political subdivision or other appropriate public agency.

No property acquired or developed with assistance under this section shall, without the approval of the Secretary, be converted to other than public outdoor recreation uses. The Secretary shall approve such conversion only if he finds it to be in accord with the then existing comprehensive statewide outdoor recreation plan and only upon such conditions as he deems necessary to assure the substitution of other recreation properties of at least equal fair market value and of reasonably equivalent usefulness and location.

No payment shall be made to any State until the State has agreed to (1) provide such reports to the Secretary, in such form and containing such information, as may be reasonably necessary to enable the Secretary to perform his duties under this Act, and (2) provide such fiscal control and fund accounting procedures as may be necessary to assure proper disbursement and accounting for Federal funds paid to the State under this Act.

Each recipient of assistance under this Act shall keep such records as the Secretary of the Interior shall prescribe, including records which fully disclose the amount and the disposition by such recipient of the proceeds of such assistance, the total cost of the project or undertaking in connection with which such assistance is given or used, and the amount and nature of that portion of the cost of the project or undertaking supplied by other sources, and such other records as will facilitate an effective audit.

The Secretary of the Interior, and the Comptroller General of the United States, or any of their duly authorized representatives, shall


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  have access for the purpose of audit and examination to any books, documents, papers, and records of the recipient that are pertinent to assistance received under this Act.

(g) .—In order to assure consistency in policies and actions under this Act, with other related Federal programs and activities (including those conducted pursuant to title VII of the Housing Act of 1961 and section 701 of the Housing Act of 1954) and to assure coordination of the planning, acquisition, and development assistance to States under this section with other related Federal programs and activities, the President may issue such regulations with respect thereto as he deems desirable and such assistance may be provided only in accordance with such regulations.

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

(1) For the acquisition of land, waters, or interests in land or waters as follows:
 * .—Within the exterior boundaries of areas of the national park system now or hereafter authorized or established and of areas now or hereafter authorized to be administered by the Secretary of the Interior for outdoor recreation purposes.
 * .—Inholdings within (a) wilderness areas of the National Forest System, and (b) other areas of national forests as the boundaries of those forests exist on the effective date of this Act which other areas are primarily of value for outdoor recreation purposes: Provided, That lands outside of but adjacent to an existing national forest boundary, not to exceed five hundred acres in the case of any one forest, which would comprise an integral part of a forest recreational management area may also be acquired with moneys appropriated from this fund: Provided further, That not more than 15 per centum of the acreage added to the National Forest System pursuant to this section shall be west of the 100th meridian.
 * .—For any national area which may be authorized for the preservation of species of fish or wildlife that are threatened with extinction.
 * .—For the incidental recreation purposes of section 2 of the Act of September 28, 1962 (76 Stat. 653; 16 U.S.C. 460k-1); and

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

(b) .—Appropriations from the fund pursuant to this section shall not be used for acquisition unless such acquisition is otherwise authorized by law.

7. Moneys derived from the sources listed in section 2 of this Act shall not be available for publicity purposes.


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

(b) There shall be paid from time to time from the land and water conservation fund into the general fund of the Treasury amounts estimated by the Secretary of the Treasury as equivalent to—
 * (1) the amounts paid before July 1, 1973, under section 6421 of the Internal Revenue Code of 1954 (relating to amounts paid in respect of gasoline used for certain nonhighway purposes or by local transit systems) with respect to gasoline used after December 31, 1964, in motorboats, on the basis of claims filed for periods ending before October 1, 1972; and
 * (2) 80 percent of the floor stocks refunds made before July 1, 1973, under section 6412(a)(2) of such Code with respect to gasoline to be used in motorboats.

202. (a) Section 209(f) of the Highway Revenue Act of 1956 (relating to expenditures from highway trust fund) is amended by adding at the end thereof the following new paragraph:
 * “(5) .—The Secretary of the Treasury shall pay from time to time from the trust fund into the land and water conservation fund provided for in title I of the Land and Water Conservation Fund Act of 1965 amounts as determined by him in consultation with the Secretary of Commerce equivalent to the taxes received, on or after January 1, 1965, under section 4041(b) of the Internal Revenue Code of 1954 with respect to special motor fuels used as fuel for the propulsion of motorboats and under section 4081 of such Code with respect to gasoline used as fuel in motorboats.”

(b) Section 209(f) of such Act is further amended—
 * (1) by adding at the end of paragraph (3) the following new sentence: “This paragraph shall not apply to amounts estimated by the Secretary of the Treasury as paid under section 6421 of such Code with respect to gasoline used after December 31, 1964, in motorboats.”; and
 * (2) by inserting after “such Code” in paragraph (4)(C) the following: “(other than gasoline to be used in motorboats, as estimated by the Secretary of the Treasury)”.


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 78 STAT.]

905

PUBLIC LAW 88-579-SEPT. 3, 1964

Public Law 88-579 AN ACT September 3, 1964 To provide for the establishment of a National Council on the A r t s to assist [H. R. 9586] in the growth and development of the a r t s in the United States.

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

of the

SHORT TITLE

National Arts and Cultural Development Act of 1964.

1. This Act may be cited as the "National Arts and Cultural Development Act of 1964". SECTION

DECLARATION OF POLICY

SEC. 2. The Congress hereby finds and declares— (1) that the growth and flourishing of the arts depend upon freedom, imagination, and individual initiative; (2) that the encouragement and support of the arts, while primarily a matter for private and local initiative, is also an appropriate matter of concern to the Federal Government; (3) that the Nation's prestige and general welfare will be promoted by providing recognition that the arts and the creative spirit which motivates them and which they personify are a valued and essential part of the Nation's resources; (4) that it is in the best interests of the United States to maintain, develop, and disseminate the Nation's artistic and cultural resources; and (5) that, in order to implement these findings, it is desirable to establish a National Council on the Arts to provide such recognition and assistance as will encourage and promote the Nation's artistic and cultural progress. ASSURANCE AGAINST FEDERAL INTERFERENCE IN THE ARTS

SEC. 3. I n the administration of this Act no department, agency, officer, or employee of the United States shall exercise any direction, supervision, or control, over the policy or program determination of any group. State, or State agency involved in the arts. ESTABLISHMENT OF THE COUNCIL

SEC. 4. There is hereby established in the Executive Office of the „J\^h"°Art ^°""''" President a National Council on the Arts (hereinafter referred to as °" ^ "^'" the "Council"). MEMBERSHIP OF THE COUNCIL

SEC. 5. (a) The Council shall be composed of the Chairman provided for in section 6 of this Act, the Secretary of the Smithsonian Institution, ex officio, and twenty-four members appointed by the President. Such members shall be selected (1) from among private citizens of the United States who are widely recognized for their broad knowledge of or experience in, or for their profound interest in the arts; (2) so as to include practicing artists, civic cultural leaders, members of the museum profession, and others who are professionally engaged in the arts; and (3) so as collectively to provide an appropriate distribution of membership among the major a r t fields. The President is requested in the making of such appointments to give consideration to such recommendations as may from time to

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 906

Term of office.

Vacancy.

PUBLIC LAW 88-579-SEPT. 3, 1964

time be submitted to him by leading national organizations in these fields. (b) Each member of the Council shall hold office for a term of six years, except that (1) any member appointed to fill a vactmcy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed for the remainder of such term, and (2) the terms of the members first taking office shall expire, as designated by the President at the time of appointment, eight at the end of the second year, eight at the end of the fourth year, and eight at the end of the sixth year after the date of enactment of this Act. No member of the Council shall be eligible for reappointment during the two-year period following the expiration of his term, (c) Any vacancy in the Council shall not affect its powers, but shall be filled in the same manner in which the original appointment was made. CHAIRMAN OF THE

63 Stat. 166; 75 Stat. 339, 340.

COUNCIL

SEC. 6. (a) The President shall appoint, by and with the advice and consent of the Senate, a Chairman of the Council (hereinafter referred to as the "Chairman") from among private citizens of the United States who are widely recognized for their knowledge of or experience in, or for their profound interest in, the arts. I n addition, he shall advise the President with respect to the activities of the Federal Government in the arts. If a vacancy occurs in the office of the Chairman the President shall fill the vacancy in the same manner in which the original appointment was made. (b) The Chairman shall serve at the pleasure of the President, but not in excess of ei^ht consecutive years, and shall not be eligible for reappointment during the four-year period following the expiration of his last period of service as Chairman. The provisions of this subsection shall apply to any person appointed to fill a vacancy in the office of the Chairman. (c) The Chairman shall receive compensation at the rate of $21,000 per annum, and shall be reimbursed for travel and subsistence expenses incurred by him while away from his home or regular place of business in accordance with the Travel Expense Act of 1949, as amended (5 U.S.C. 836-842), and the Standardized Government Travel Regulations. DUTIES AND RESPONSIBILITIES

Quorum.

[78 STAT.

OF THE

COUNCIL

SEC. 7. (a) The Couiicil shall meet a t the Call of the C h a i r m a n b u t

not less often than twice during each calendar year. Thirteen members of the Council shall constitute a quorum. (b) The Council shall (1) recommend ways to maintain and increase the cultural resources of the United States, (2) propose methods to encourage private initiative in the arts, (3) advise and consult with local. State, and Federal departments and agencies, on methods by which to coordinate existing resources and facilities, and to foster artistic and cultural endeavors and the use of the arts, both nationally and internationaly, in the best interests of our country, and (4) conduct studies and make recommendations with a view to formulating methods or ways by which creative activity and high standards and increased opportunities in the arts may be encouraged and promoted in the best interests of the Nation's artistic and cultural progress, and a greater appreciation and enjoyment of the arts by our citizens can be encouraged and developed. (c) I n selecting subjects to be studied pursuant to subsection (b) of this section, the Council (1) shall consider requests submitted to it by the heads of departments and agencies of the Federal Government,

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 78 STAT. ]

PUBLIC LAW 88-579-SEPT. 3, 1964

907

and (2) may obtain the advice of any interested and qualified persons and organizations. I n making its studies pursuant to such subsection, the Council may obtain assistance from such committees and panels as may be appointed by the Chairman from among those persons professionally qualified in the fields of art with which such studies are concerned, who are recommended to him by the Council. (d) Not later than ninety days after the end of each fiscal year, the p^^g?°^^ ^°^^ Council shall submit to the President and the Congress an annual re- congret". ^"^ port setting forth its activities pursuant to subsection (b) of this section. In addition, the Council shall submit to the President reports and recommendations with respect to its activities at such time or times as the President shall request or the Council deems appropriate. The President shall transmit such recommendations as he may deem fit, together with his comments thereon, to the Congress. COMPENSATION OF MEMBERS OF THE COUNCIL

SEC. 8. Members of the Council, and persons appointed to assist the Council in making its studies, while attending meetings of the Council, or while engaged in duties related to such meetings, or while engaged in the conduct of studies authorized by this title, shall receive compensation at a rate to be fixed by the Chairman, but not exceeding $75 per diem and shall be paid travel expenses, including per diem in lieu of subsistence, as authorized by law (5 U.S.C. 73b-2) for persons in the Government service employed intermittently.

6° ^tat. sos;

STAFF OF THE COUNCIL

SEC. 9. (a) The Chairman is authorized to appoint, subject to the civil service laws, such secretarial, clerical, and other staff assistance as is necessary to enable the Chairman and the Council, and its special committees, to carry out their functions and duties, and to fix the compensation of persons so appointed in accordance with the Classification Act of 1949. _ AntlTkoo"^'' (h) The Chairman is authorized to procure in accordance with such "s use 1071 policies as the Council shall from time to time prescribe, without "°**regard to the civil service laws and the classification laws, temporary and intermittent services to the same extent as is authorized for the departments by section 15 of the Act of August 2, 1946 (5 U.S.C. 55a), 60 Stat. 810. but at rates for individuals not in excess of $75 a day. E X P E N S E S O F THE COUNCIL

SEC. 10. There are hereby authorized to be appropriated to the Council such sums as may be necessary, not to exceed $150,000, to carry out the purposes of this Act. GENERAL PROVISIONS

SEC. 11. (a) This Act shall not be deemed to invalidate any provision in any act of Congress or Executive order vesting authority in the Commission of Fine Arts or any other statutory Federal advisory body. (b) Nothing contained in this A(X shall be construed to authorize the Council to undertake any duty or responsibility which is the duty or responsibility of any other Federal advisory body established by law as of the date of enactment of this Act. Approved September 3, 1964.

Appropriation.

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 908

PUBLIC LAW 88-580-SEPT. 3, 1964

[78 STAT.

Public Law 88-580 September 3, 1964 -^^ ACT [S. 2950] To authorize the m i n t to inscribe the figure 1964 on all coins minted until adeq u a t e supplies of coins a r e available.

Be it enacted by the Senate and House of Representatives of the oifc^ohii"^'^"^*^"" ^''^^t^d States of^ America in Congress assembled, That, notwithstanding section 3517 of the Revised Statutes (31 U.S.C. 324), all coins minted from the date of enactment of this Act until July 1 or January 1, whichever date first occurs after the date on which the Secretary of the Treasury determines that adequate supplies of coins are available, shall be inscribed with the figure "1964" in lieu of the year of the coinage. SEC. 2. The requirement of section 3550 of the Revised Statutes (31 U.S.C. 366) that the obverse working dies at each mint shall be destroyed at the end of each calendar year shall not be applicable during the period provided for in section 1 of this Act. Approved September 3, 1964. Public Law 88-581 September 4, 1964 AN ACT IJH.R. 11241] rpQ amend the Public Health Service Act to increase the opportunities for t r a i n i n g professional nursing personnel, and for other purposes.

Be it enacted by the Senate and House of Representatives of the Nurse Training United States of America in Congress assembled, That this Act may be cited as the "Nurse Training Act of 1964". 58 s.at. 682. SEC. 2. The Public Health Service Act (42 U.S.C. ch. 6A) is amended by adding at the end thereof the following new title: "TITLE VIII—NURSE TRAINING " P A R T A—GRANTS FOR EXPANSION AND IMPROVEMENT OF NURSE TRAINING u AUTHORIZATION OF APPROPRIATIONS FOR CONSTRUCTION GRANTS

"SEC. 801. (a) There are authorized to be appropriated— "(1) for grants to assist in the construction of new facilities for collegiate schools of nursing, or replacement or rehabilitation of existing facilities for such schools, $5,000,000 for the fiscal year ending June 30, 1966, and $10,000,000 for each of the next three fiscal years; "(2) for grants to assist in the construction of new facilities for associate degree or diploma schools of nursing, or replace-

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