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Effective dates.

Short title.

PUBLIC LAW 90-498-SEPT. 17, 1968

[82 STAT.

(b) Section 28(c) of the Organic Act of Guam (64 Stat. 384, 392; 48 U. S. C 1421f (c)), as amended, is amended by deleting the words "head of the department or agency designated b j the President under section 3 of this Act," by deleting from the proviso the words "head of such department or agency," and by substituting in each such instance the words "Secretary of the Interior". SEC. 13. Those provisions necessary to authorize the holding of an election for Governor and Lieutenant Governor on November 3, 1970, shall be effective on January 1, 1970. All other provisions of this Act, unless otherwise expressly provided herein, shall be effective January 4, 1971. SEC. 14. This Act may be cited as the "Guam Elective Governor Act." Approved September 11, 1968.

Public Law 90-498 JOINT RESOLUTION September 17, 1968 [H.J. Res. 1299] Authorizing the President to proclaim annually the week including September 15 and 16 as "National Hispanic Heritage Week". National Hispanic Heritage Week.

Resolved by the SeTiate and House of Representatives of the United States of America in Congress assembled, That the President is hereby authorized and requested to issue annually a proclamation designating the week including September 15 and 16 as "National Hispanic Heritage Week" and calling upon the people of the United States, especially the educational community, to observe such week with appropriate ceremonies and activities. Approved September 17, 1968.

Public Law 90-499 JOINT RESOLUTION September 18, 1968 [H.J. Res. 1404] Authorizing and requesting the President to proclaim the week of November 17 through 23, 1968, as "National Family Health Week". National Family Health Week.

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the President is authorized and requested to officially proclaim the week of November 17 through 23, 1968, as "National Family Health Week" as a means of focusing national attention during the year upon the accomplishments of the American health care sy.stem and the central role played by the family physician in the maintenance of superior medical care for Americans of all ages and from all walks of life. Approved September 18, 1968.

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PUBLIC LAW 90-500-SEPT. 20, 1968

849

Public Law 90-500 AN ACT September20, 1968 To authorize appropriations during the fiscal year 1969 for procurement of [S-3293] aircraft, missiles, naval vessels, and tracked combat vehicles, researdti, development, test, and evaluation for the Armed Forces, and to prescribe the authorized personnel strength of the Selected Reserve of each Reserve component of the Armed Forces, and for other purposes.

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

of the

TITLE I—PKOCUEEMENT

^""^^

F°:!^"^ Appropriation authorization,

SEC. 101. Funds are hereby authorized to be appropriated during 1969. the fiscal year 1969 for the use of the Armed Forces of the United States for procurement of aircraft, missiles, naval vessels, and tracked combat vehicles, as authorized by law, in amounts as follows: AIRCRAFT

For aircraft: for the Army, $735,447,000; for the Navy and Marine Corps, $2,406,988,000, of which $241,800,000 is authorized to be appropriated only for F - 4 J aircraft and $162,800,000 is authorized to be appropriated only for E A - 6 B aircraft; for the Air Force, $5,212,000,000. MISSILES

For missiles: for the Army, $956,140,000; for the Navy, $848,212,000, of which $55,500,000 is authorized to be appropriated only for the Phoenix missile; for the Marine Corps, $13,500,000; for the Air Force, $1,768,000,000. NAVAL VESSELS

For naval vessels: for the Navy, $1,581,500,000, of which $52,000,000 is authorized to be appropriated only for the procurement of long leadtime components that could be used in vessels of either the D X G N or DLGN types and $22,500,000 is authorized to be appropriated only for long leadtime components for an improved nuclear-powered attack submarine of new design. TRACKED COMBAT VEHICLES

For tracked combat vehicles: for the Army, $299,426,000; for the Marine Corps, $10,800,000. TITLE II—KESEARCH, DEVELOPMENT, TEST, AND EVALUATION SEC. 201. Funds are hereby authorized to be appropriated during the fiscal year 1969 for the use of the Armed Forces of the United States for research, development, test, and evaluation, as authorized by law, in amounts as follows: For the Army, $1,611,900,000; For the Navy (including the Marine Corps), $2,205,721,000, of which (a) $46,900,000 is authorized to be appropriated only for the development of the Phoenix missile system, (b) $170,000,000 is authorized to be appropriated only for the development of the V F X - 1 aircraft,

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


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PUBLIC LAW 90-500-SEPT. 20, 1968

[82

STAT.

(c) $4,000,000 is authorized to be appropriated only for development of an improved nuclear attack submarine to be included in the fiscal year 1970 procurement program, and (d) $16,400,000 is authorized to be appropriated only for an improved nuclear-powered attack submarine of new design to be procured in years after fiscal year 1970; For the Air Force, $3,438,594,000; and For the Defense Agencies, $487,522,000. SEC. 202. There is hereby authorized to be appropriated to the Department of Defense during fiscal year 1969 for use as an emergency fund for research, development, test, and evaluation or procurement or production related thereto, $50,000,000. SEC. 203. None of the funds authorized to be appropriated by this Act may be used for development or procurement of the F - l l l B aircraft. TITLE III—RESERVE FORCES

Jfon"':"" ^°'

visions.

10 USC 263 ' •

note

SEC. 301. For the fiscal year beginning July 1, 1968, and ending June 30, 1969, the Selected Reserve of each reserve component of the Armed Forces will be programed to attain an average strength of not less than the following: (1) The Army National Guard of the United States, 400,000. (2) The Army Reserve, 260,000. r3) The Naval Reserve, 128,407. (4) The Marine Corps Reserve, 47,204. (5) The Air National Guard of the United States, 77,371. (6) The Air Force Reserve, 45,526. (7) The Coast Guard Reserve, 17,700. SEC. 302. The average strength prescribed by section 301 of this title for the Selected Reserve of any reserve component shall be proportionately reduced by (1) the total authorized strength of units organized to serve as units of the Selected Reserve of such component which are on active duty (other than for training) at any time during the fiscal year, not including those units ordered to active duty in January 1968, and (2) the total number of individual members not in units organized to serve as units of the Selected Reserve of such component who are on active duty (other than for training or for unsatisfactory participation in training) without their consent at any time during the fiscal year. Whenever any such units, including those units ordered to active duty in January 1968, or such individual members are released from active duty during any fiscal year, the average strength for such fiscal year for the Selected Reserve of such reserve component shall be proportionately increased by the total authorized strength of such units and by the total number of such individual members. SEC. 303. Subsection (e) of title I of Public Law 89-687 (80 Stat. 931) is amended by deleting "June 30, 1968" and substituting "June 30, 1969". TITLE IV—GENERAL PROVISIONS

biu"y 1°; vleJiTaEo. 401. Subsection (a) of section 401 of Public Law 89-367, mese forces, etc. approved March 15, 1966 (80 Stat. 37), as amended, is hereby amended to read as follows: "Funds authorized for appropriation for the use of the Armed Forces of the United States under this or any other Act are authorized to be made available for their stated purposes to support

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PUBLIC LAW 90-500-SEPT. 20, 1968

851

(1) Vietnamese and other Free World Forces in Vietnam, (2) local forces in Laos and Thailand; and for related costs, during the fiscal year 1969 on such terms and conditions as the Secretary of Defense may determine." Airlift services SEC. 402. I t is hereby declared to be the sense of the Congress that modernization. the Department of Defense, as soon as practicable, institute such measures as may be necessary to modernize the contract commercial airlift services provided to the Armed Forces of the United States. Stat. 143. SEC. 403. (a) Chapter 153 of title 10, United States Code, is amended 70A s e 257110 u by adding at the end thereof the following new section: 2575 '*§ 2576. Surplus military equipment: sale to State and local law enforcement and firefighting agencies " (a) The Secretary of Defense, under regulations prescribed by him, may sell to State and local law enforcement and firefighting agencies, at fair market value, pistols, revolvers, shotguns, rifles of a caliber not exceeding.30, ammunition for such firearms, gas masks, and protective body armor which (1) are suitable for use by such agencies in carrying out law enforcement and firefighting activities, and (2) have been determined to be surplus property pursuant to the Federal Property and Administrative Services Act of 1949 (63 Stat. 377), as ^^4° use 471 amended. " (b) Such surplus military equipment shall not be sold under the provisions of this section to a State or local law enforcement or firefighting agency unless request therefor is made by such agency, in such form and manner as the Secretary of Defense shall prescribe, and such request, with respect to the type and amount of equipment so requested, is certified as being necessary and suitable for the operation of such agency by the Governor (or such State official as he may designate) of the State in which such agency is located. Equipment sold to a State or local law enforcement or firefighting agency under this section shall not exceed, in quantity, the amount requested and certified for such agency and shall be for the exclusive use of such agency. Such equipment may not be sold, or otherwise transferred, by such agency to any individual or public or private organization or agency." (b) The table of sections at the beginning of chapter 153 of such title is amended by adding at the end thereof the following: "2576. Surplus military equipment: sale to State and local law enforcement and firefighting agencies."

SEC. 404. No funds authorized for appropriation for the use of the Armed Forces of the United States under the provisions of this Act or the provisions of any other law shall be available for the purchase, lease, rental, or other acquisition of multipassenger motor vehicles (buses) other than multipassenger motor vehicles (buses) manufactured in the United States, except as may be authorized by regulations promulgated by the Secretary of Defense solely to insure that compliance with this prohibition will not result in either an uneconomical procurement action or one which would adversely affect the national interests of the United States. SEC. 405. Section 2304(g) of title 10, United States Code is amended by inserting a comma after the word "proposals" where first used in that section and inserting after the comma the words "including price,". Approved September 20, 1968.

Motor vehicles.

^e Stat. 528.

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PUBLIC LAW QO-SOl-SLFT. 20, 1968

[82 STAT.

Public Law 90-501 SeptemberaO, 1968 AN ACT [H.R. 15268], To authorize the Secretary of Defense to lend certain Army, Navy, and Air

Force equipment and provide certain services to the Boy Scouts of America for use in the 1969 National Jamboree, and for other purposes.

Be it enacted by the Senate and House of Representatives of the se°venthN*ationai ^'^^t^^ States of America in Congress assembled, That (a) the Secrejamboree, military t a r j of Defense is hereby authorized, under such regulations as he support. jj^j^y prescribe, to lend to the Boy Scouts of America, a corporation 39 Stat. 227. created under the Act of June 15, 1916, for the use and accommodation 36 USC 21-29. of approximately^ forty thousand Scouts and officials who are to attend the Seventh National Jamboree of the Boy Scouts of America to be held at Farragut State Park, Idaho, during July 1969, such tents, cots, blankets, commissary equipment, refrigerators, vehicles, and other equipment and.services as may be necessary or useful to the extent that items are in stock and available and their issue will not jeopardize the national defense program. Equipment. (b) Such equipment is authorized to be delivered at such time prior to the holding of such jamboree and to be returned at such time after the close of such jamboree, as may be agreed upon by the Secretary of Defense and the National Council, Boy Scouts of America. No expen.se shall be incurred by the United States Government for the delivery and return of such equipment, and the Boy Scouts of America shall pay for the cost of the actual rehabilitation and repair, or replacement of such equipment. Bond. (c) The Secretary of Defense, before delivering such property, shall take from the Boy Scouts of America a good and sufficient bond for the safe return of such property in good order and condition, and the whole without expense to the United States. Logistical servSEC. 2. The Secretary of Defense is hereby authorized, under such ices. regulations as he may prescribe, to provide to the Boy Scouts of America, in support of the encampment referred to in subsection (a) of the first section of this Act, such communication, medical, engineering, protective, and other logistical services as may be necessary or useful to the extent that such services are available and the providing of them will not jeopardize the national defense program. Federal assistSEC. 3. Each department of the Federal Government is hereby authorized under such regulations as may be prescribed by the Secretary thereof to assist the Boy Scouts of America in the carrying out and the fulfillment of the plans for the encampment referred to in subsection (a) of the first section of this Act. Approved September 20, 1968.

Public Law 90-502 September20, 1968 AN ACT [H.R. 18146] To amend title 10, United States Code, to correct an inequity affecting officers of

the Supply Corps and Civil Engineer Corps of the Navy. Navy. Supply Corps and Civil Engineer Corps, officers. 70A Stat. 409.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 6388 of title 10, United States Code, is amended as follows: (1) Subsection (a) is redesignated as subsection " (b) " and is amended by— (A) striking out "originally" and inserting "initially" in place thereof; and

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PUBLIC LAW 90-503-SEPT. 21, 1968

853

(B) inserting "except the Supply Corps and the Civil Engineer Corps" after "any staff corps of the Navy". (2) Subsection (b) is redesignated as subsection " (c) " and is amended by inserting "or (b) " after "subsection (a) ". (3) Subsection (c) is redesignated as subsection " (d) " and is amended by striking out " (b) " and inserting " (c) " in place thereof. (4) Subsection (d) is redesignated as subsection " (e) ". (5) Subsection (e) is redesignated as subsection " (f) " and is amended by striking out " (d) " and inserting " (e) " in place thereof. (6) A new subsection (a) is inserted reading as follows: " (a) For the purpose of the preceding sections of this chapter, the total commissioned service of each officer on the active list of the Navy in the Supply Corps or the Civil Engineer Corps who was initially appointed as a Eegular or as a Reserve in the grade of ensign in the line or any staff corps or in the grade of lieutenant (junior grade) in the Civil Engineer Corps and who has served continuously on active duty since that appointment shall be computed from June 30, of the fiscal year in which he accepted that appointment." SEC*. 2. Notwithstanding any other provision of law, an officer of the Navy in the Supply Corps or the Civil Engineer Corps who is not selected for promotion to a higher grade after the enactment of this Act may not be retired under chapter 573 of title 10, United States Code, earlier than he would have been retired had this Act not been ^ lo use 637i6410.

,' T

enacted. Approved September 20, 1968. Public Law 90-503 AN ACT

To authorize the Secretary of the Interior to construct, operate, and maintain the Mountain Park reclamation project, Oklahoma, and for other purposes.

September 2 1, 196f

EL—• ^^62]—

Be it enacted by the Senate and House of Representatives of the Mountain United States of America in Congress assembled. That the Secretary _^__.^^ Park reclamation projof the Interior is authorized to construct, operate, and maintain the ec^rokra Mountain P a r k reclamation project, Oklahoma, under the Federal reclamation laws (Act of June 17, 1902; 32 Stat. 388, and Acts amendatory thereof or supplementary thereto) for the principal purposes of ^3 USC 371. storing, regulating, and furnishing water for municipal, domestic, and industrial uses, conserving and developing fish and wildlife resources, providing outdoor recreation opportunities, and controlling floods. The principal features of the project shall consist of a dam and reservoir on Otter Creek, a diversion dam on Elk Creek, a canal from the diversion dam to a storage reservoir on Otter Creek, aqueducts from the storage reservoir to the cities of Altus and Snyder, Oklahoma, a wildlife management area, and basic public outdoor recreation facilities. Construction of the project may be undertaken in such units or stages as in the determination of the Secretary will best serve project requirements and meet water needs. SEC. 2. (a) Costs of the project, or any unit or stage thereof, alio- g^j^^^^'"^"* cated to municipal water supply, shall be repayable, with interest, by the municipal water users over a period of not more than fifty years from the date that water is first delivered for that purpose, pursuant to contracts with municipal corporations or other organizations, as defined in section 2(g) of the Reclamation Project Act of 1939 (53 Stat. 1187), Such contracts shall be precedent to the commencement of ^^ ^^^ '*^^^ construction of any unit or stage of the project. The contracting organization shall be responsible for the disposal and sale of water surplus

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43 USC 485h. Interest rate; determination by Secretary.

Transfer of operation.

43 USC 390a.

16 USC 460Z note. Appropriation.

PUBLIC LAW 90-503-SEPT. 21, 1968

[82 STAT.

to its requirements, but revenues therefrom shall be used only for payment of operation and maintenance costs, interest, and retirement of the obligation assumed in the contract. Contracts may be entered into with water users' organizations pursuant to the provisions of this Act without regard to the last sentence of subsection 9(c) of the Reclamation Project Act of 1939 (53 Stat. 1187). (b) The interest rate used for computing interest during construction and interest on the unpaid balance of the costs of the project allocated to municipal water supply shall be determined by the Secretary of the Treasury, as of the beginning of the fiscal year in which construction is conmienced, on the basis of the computed average interest rate payable by the Treasury upon its outstanding marketable public obligations which are neither due nor callable for redemption for fifteen years from date of issue, and by adjusting such interest rate to the nearest multiple of one-eighth of 1 per centum if the computed average interest rate is not a multiple of one-eighth of 1 per centum. SEC. 3. The Secretary is authorized to transfer to a water users' organization the care, operation, and maintenance of the project works, and, if such transfer is made to credit annually against the organization's repayment obligation that portion of the year's operation and maintenance costs which, if the United States had continued to operate the project, would have been allocated to flood control, fish and wildlife, and recreation purposes. Prior to assuming care, operation, and maintenance of the project works the water users' organization shall obligate itself to operate them in accordance with regulations prescribed by the Secretary of the Army with respect to flood control, and by the Secretary of the Interior with respect to fish and wildlife and recreation. Upon complete payment of the obligation assumed, the water users' organization, its designee or designee.s, shall be conveyed title to such portions of the aqueducts and related facilities as are used solely for delivering project water to water users, and shall have a permanent right to use that portion of project reservoir capacity which is or may be allocated to municipal and industrial water supply purposes by the Secretary of the Interior, so long as the space designated for those purposes may be physically available, taking into account such equitable reallocation of reservoir storage capacities among the purposes to be served by the project as may be necessary due to sedimentation, subject, if the project is then operated by the United States, to payment to the United States of a reasonable annual charge to cover operation and maintenance costs and a fair share of administrative costs applicable to the project. SEC. 4. Expenditures for the Mountain Park project may be made without regard to the soil survey and land classification requirements of the Interior Department Appropriation Act of 1954 (67 Stat 266). SEC. 5. The conservation and development of the fish and wildlife resources and the enhancement of recreation opportunities in connection with the Mountain Park reclamation project shall be in accordance with the Federal Water Project Recreation Act (79 Stat. 213) p SEC. 6. There is hereby authorized to be appropriated for construction of the Mountain Park Reclamation Project the sum of $19,978,000 (January 1965 prices), plus or minus such amounts, if any, as may be justified by reason of ordinary fluctuations in construction costs as indicated by engineering cost indexes applicable to the type of construction involved herein. There are also authorized to oe appropriated such additional sums as may be required for the operation and maintenance of the project. Approved September 21, 1968.

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PUBLIC LAW 90-504-SEPT. 21, 1968

855

Public Law 90-504 AN ACT

To provide for the disposition of funds appropriated to pay a judgment in favor of the Creek Nation of Indians in Indian Claims Commission docket numbered 21, and for other purposes.

September 21, 1968

[H.R. 14205]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assemhUd^ That the Secretary j^aJV^^"^' ^"^^^ of the Interior shall prepare a roll of all persons who meet the follow- judgment funds, ing requirements: (a) they were born on or prior to and were living on disposition, the date of this Act; (b) their names or the names of lineal ancestors appear on any of the documents identified herein or on any available census rolls or other records acceptable to the Secretary, which identify the person as a Creek Indian, including ancient documents or records of the United States located in the National Archives, State or county records in the archives of the several States or counties therein or in the courthouses thereof, and other records that would be admissible as evidence in an action to determine Indian lineage: (1) The Final Rolls of Creeks by Blood which were closed as of March 4, 1907; (2) Claims of Friendly Creeks paid under the Act of March 3, 1817 (H.R. Doc. 200,20:1, 1828); 6 Stat, 191. (3) Census of the Creek Naition, 1833, made pursuant to article 2 of the treaty concluded March 24, 1832 (Senate Doc. 512, 1835, 7 Stat. 366. Emigration Correspondence, 1831-1833, pages 239-395); (4) Land I.»ocation Registers of Creek Indian Lands, made pursuant to the Treaty of March 24, 1832; (5) Any emigration or muster rolls of Creek Indians; (6) Any lists of self-emigrant Creek claimants (including those contained in Senate Ex. Doc. 198, 50:1, 1888, and H.R. Ex. Doc. 238,51:2, 1891). Applications for enrollment must be filed with the Area Director of the Bureau of Indian Affairs, Muskogee, Oklahoma, in the manner and within the time limits prescribed for that purpose. The determination Eligibility. of the Secretary regarding the eligibility of an applicant shall be final. SEC. 2. After the deduction of attorney fees, litigation expenses, the costs of distribution, and the cost of preparing the roll pursuant to section 1 of this Act, the funds, including interest, remaining to the credit of the Creek Nation as constituted August 9, 1814, which were appropriated by the Act of April 30, 1965, to pay a judgment obtained 79 Stat. 81. in Indian Claims Commission docket numbered 21, shall be distributed on a per capita basis to all persons whose names appear on the roll. The funds so distributed shall not be subject to Federal or State Tax exemption. income taxes. Equal shares. SEC. 3. The Secretary shall distribute a share payable to a living Heirs of deenrollee directly to such enrollee or in such manner as is deemed by ceased enrollees the Secretary to be in the enrollee's best interest, and he shall distribute the per capita share of a deceased enrollee to his heirs or legatees upon proof of death and inheritance satisfactory to the Secretary, whose findings upon such proof shall be final and conclusive. Sums payable to enrollees or their heirs or legatees who are less than twenty-one years of age or who are under legal disability shall be paid to the persons who the Secretary determines will best protect their interests. Filing deadline, SEC. 4. The Secretary of the Interior is authorized to prescribe rules etc. and regulations to carry out the provisions of this Act, including establishing an appropriate deadline for filing applications. Approved September 21, 1968.

96-600 O - 69 - 57

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PUBLIC LAW 90-505-SEPT. 21, 1968

[82 STAT.

Public Law 90-505 AN ACT September21, 1968 [S.3133] To extend for one year the authority to limit the rates of interest or dividends payable on time and savings deposits and accounts, and for other purposes. Interest and dividends. Controls, extension. 81 Stat. 22612 USC 461 note.

Repeal. 80 Stat. 824.

48 Stat. 180. 38 Stat. 264; 80 Stat. 825. 12 USC 355. 48 Stat. 7.

Liquidity requirements, 64 Stat. 257. 12 USC 1425a.

48 Stat. 1255. 12 USC 1724.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,, SECTION 1. Section 7 of the Act of September 21, 1966 (Public Law 89-597; 80 Stat. 823) is amended to read: "SEC. 7. Effective September 22, 1969— "(1) so much of section 19(j) of the Federal Reserve Act (12 U.S.C. 371b) as precedes the third sentence thereof is amended to read as it would without the amendment made by section 2(c) of this Act; "(2) the second and third sentences of section 18(g) of the Federal Deposit Insurance Act (12 U.S.C. 1828(g)) are amended to read «.s they would without the amendment made by section 3 of this Act; and "(3) section 5B of the Federal Home Loan Bank Act (12 U.S.C. 1425b) is repealed." SEC. 2. (a) The first sentence of section 19(j) of the Federal Reserve Act (12 U.S.C. 37lb) is amended by changing "limit by r e f lation" to read "prescribe rules governing the payment and advertisement of interest on deposits, including limitations on". (b) The second sentence of section 18(g) of the Federal Deposit Insurance Act (12 U.S.C. 1828(g)) is amended by changing "limit by regulation" to read "prescribe rules governing the payment and advertisement of interest on deposits, including limitations on". (c) The first sentence of section 5B of the Federal Home Loan Bank Act (12 U.S.C. 1425b) is amended by changing "limit by r e f lation" to read "prescribe rules governing the payment and advertisement of interest or dividends on deposits, shares, or withdrawable accounts, including limitations on". SEC. 3. (a) The first sentence of the eighth full paragraph of section 13 of the Federal Reserve Act (12 U.S.C. 347) is amended by inserting ", or secured by such obligations as are eligible for purchase under section 14(b) of this Act" immediately before the period at the end thereof. (b) The first sentence of the last full paragraph of such section (12 U.S.C. 347c) is amended by inserting "or by any obligation which is a direct obligation of, or fully guaranteed as to principal and interest by, any agency of the United States" immediately before the period at the end thereof. SEC, 4. Section 5A of the Federal Home Loan Bank Act is amended to read as follows: "SEC. 5A. (a) The purpose of this section is to provide a means for creating meaningful and flexible liquidity in savings and loan associations and other members which can be increased when mortgage money is plentiful, maintained in easily liquidated instruments, and reduced to add to the flow of funds to the mortgage market in periods of credit stringency. More flexible liquidity will help support two main purposes of the Federal Home Loan Bank Act—sound mortgage credit and a more stable supply of such credit. " (b) Any institution which is a member or which is an insured institution as defined in section 401(a) of the National Housing Act shall maintain the aggregate amount of its assets of the following types at not less than such amount as, in the opinion of the Board, is appropriate: (1) cash, (2) to such extent as the Board may approve

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PUBLIC LAW 90-505-SEPT. 21, 1968

857

for the purposes of this section, time and savings deposits in Federal Home Loan Banks and commercial banks, and (3) to such extent as the Board may so approve, such obligations, including such special obligations, of the United States, a State, any territory or possession of the United States, or a political subdivision, agency, or instrumentality of any one or more of the foregoing, and bankers' acceptances, as the Board may approve. The requirement prescribed by the Board pursuant to this subsection (hereinafter in this section referred to as the 'liquidity requirement') may not be less than 4 per centum or more than 10 per centum of the obligation of the institution on withdrawable accounts and borrowings payable on demand or with unexpired maturities of one year or less or, in the case of institutions which are insurance companies, such other base or bases as the Board may determine to be comparable. "(c) The amount of any institution's liquidity requirement, and Amount. any deficiency in compliance therewith, shall be calculated as the Board shall prescribe. The Board may prescribe different liquidity Classification. requirements, within the limitations specified herein, for different classes of institutions, and for such purposes the Board is authorized to classify institutions according to type, size, location, rate of withdrawals, or, without limitation by or on the foregoing, on such other basis or bases of differentiation as the Board may deem to be reasonably necessary or appropriate for effectuating the purposes of this section. Penalty assess" (d) For any deficiency in compliance with the liquidity require- ment. ment, the Board may, in its discretion, assess a penalty consisting of the payment by the institution of such sum as may be assessed by the Board but not in excess of a rate equal to the highest rate on advances of one year or less, plus 2 per centum per annum, on the amount of the deficiency for the period with respect to which the deficiency existed. Any penalty assessed under this subsection against a member shall be paid to the Federal Home Loan Bank of which it is a member, and any such penalty assessed against an insured institution which is not a member shall be paid to the Federal Savings and Loan Insurance Corporation. The right to assess or to recover, or to assess and recover, any such penalty is not abated or affected by an institution's ceasing to be a member or ceasing to be insured. The Board may authorize or require that, at any time before collection thereof, and whether before or after the bringing of any action or other legal proceeding, the obtaining of any judgment or other recovery, or the issuance or levy of any execution or other legal process therefor, and wnth or without consideration, any such penalty or recovery be compromised, remitted, or mitigated in whole or part. The penalties authorized under this subsection are in addition to all remedies and sanctions otherwise available. "(e) Whenever the Board deems it advisable in order to enable an Reduction, institution to meet withdrawals or to pay obligations, the Board may, to such extent and subject to such conditions as it may prescribe, permit the institution to reduce its liquidity below the minimum amount. Whenever the Board determines that conditions of national emer- „ Liquidity re,

.

•

1

T-»

1

1

quirements, s u s -

gency or unusual economic stress exist, the Board may suspend any pension in time part or all of the liquidity requirements hereunder for such period as °^ national emerthe Board may prescribe. Any such suspension, unless sooner termi- ^^"''^ nated by its terms or by the Board, shall terminate at the expiration of ninety days next after its commencement, but nothing in this sentence prevents the Board from again exercising, before, at, or after any such termination, the authority conferred by this subsection. "(f) The Board is authorized to issue such rules and regulations, la^o^^g! fnvesu^-'' including definitions of terms used in this section, to make such exami- gations' by'eoard nations, and to conduct such investigations as it deems necessary or appropriate to effectuate the purposes of this section. The reasonable cost of any such examination or investigation, as determined by the

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PUBLIC LAW 90-505-SEPT. 21, 1968

80 Stat. 1044. 12 USC 1730.

48 Stat. 132; 79 Stat. 507. 12 USC 1464.

Ante,

p. 856.

Additional preliums. 75 Stat. 4 8 3.

" N e t account increase."

75 Stat. 4 8 2. 12 USC 1426.

[82 STAT.

Board, shall be paid by the institution. I n connection with any such examination or investigation the Board has the same functions and authority that the Federal Savings and Loan Insurance Corporation has under subsection (m) of section 407 of the National Housing Act, and for purposes of this subsection the provisions of said subsection (m), including the next to last sentence but not including the last sentence, and the provisions of the first sentence of subsection (n) of that section are applicable in the same manner and to the same extent that they would be applicable if all references therein to the Corporation were also references to the Board and all references therein to that section or any part thereof were also references to this section." SEC. 5. Section 5(c) of the Home Owners' Loan Act of 1933 is amended by inserting immediately before the last paragraph thereof the following new paragraph: "Any such association may invest in any investment which, at the time of the making of the investment, is an asset eligible for inclusion toward the satisfaction of any liquidity requirement imposed on the association pursuant to section 5A of the Federal Home Loan Bank Act, but only to the extent that the investment is permitted to be so included under regulations issued by the Board pursuant to that section, or is otherwise authorized." ^SEC. 6. (a) Section 404(d) of the National Housing Act (12 U.S.C. 1727 (d)) is amended to read as follows: " (d)(1) Except as otherwise provided in this section, each insured institution shall pay to the Corporation, with respect to any calendar year in which it has a net account increase (as defined in paragraph (2) of this subsection), at such time and in such manner as the Corporation shall by regulations or otherwise prescribe, an additional premium (referred to in this subsection as the 'additional premium') in the nature of a prepayment with respect to future premiums of the institution under subsection (b) of this section. Any additional premium, when paid, shall be credited to the secondary reserve. "(2) The 'net account increase', if any, for any insured institution with respect to any calendar year is equal to the amount, if any, by which the total of all accounts of its insured members at the end of that year exceeds the largest of the following: " (A) the total of all accounts of its insured members at the close of the most recent day, if any, after 1965 on which it became an insured institution. " (B) the total of all accounts of its insured members at the close of the year in which it most recently became an insured institution, or at the close of 1966, whichever is later. " (C) the largest total of all accounts of its insured members at the close of any year after the most recent year referred to in subparagraph (B). "(3) The additional premium, if any, for any institution with respect to any calendar year shall be equal to 2 per centum of its net account increase, computed in accordance with paragraph (2) of this subsection, less an amount equal to any requirement, as of the end of that year, for the purchase of Federal Home Loan Bank stock in accordance with section 6(c) of the Federal Home Loan Bank Act and without regard to any net increase during that year in its holdings of such stock, except that the additional premium for any institution for the first calendar year following the calendar year in which it becomes an insured institution shall not be less than 1 per centum of its net account increase for the year in which it becomes an insured institution. The Federal Home Loan Bank Board shall by regulations or otherwise provide for the furnishing to the Corporation of all necessary information with respect to Federal Home Loan Bank stock.

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 82 STAT. ]

PUBLIC LAW 90-506-SEPT. 21, 1968

859

"(4) The Corporation may provide, by regulation or otherwise, for ajTsfment o'f" a the adjustment of payments made or to be made under this subsection ments. and subsections (b) and (c) of this section in cases of merger or consolidation, transfer of bulk assets or assumption of liabilities, and similar transactions, as defined by the Corporation for the purposes of this paragraph." (b) The amendment made by subsection (a) of this section shall be Effective date. effective only with respect to additional premiums due with respect to calendar years beginning after 1968. Approved September 21, 1968.

Public Law 90-506 AN ACT

To provide for the disposition of funds appropriated to pay a judgment in favor of the Creek Nation of Indians in Indian Claims Commission docket numbered 276, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Gon.gress assembled, That (a) the Secretary of the Interior shall prepare a roll of the Creek Indians who meet the following requirements: (1) they were born on or prior to and living on the date of this Act, and (2) their names or the names of lineal ancestors through whom eligibility is claimed appear on either the 1857 or 1859 payment roll prepared pursuant to Article VI of the Treaty of August 7, 1856 (11 Stat. 699), or on the Final Roll of Creeks by Blood closed as of March 4, 1907, pursuant to statute. (b) Applications for enrollment shall be filed with the Area Director, Bureau of Indian Affairs, Muskogee, Oklahoma, in the manner, within the time limit, and on the form prescribed for that purpose. The determination of the Secretary of the eligibility for enrollment of an applicant shall be final. SEC. 2. All costs incident to carrying out the provisions of this Act shall be paid by appropriate withdrawals from the judgment funds referred to in this section. After deducting attorney fees and all other costs, the remainder of the funds, including interest, to the credit of the Creek Nation appropriated by the Act of Octdber 27, 1966 (80 Stat. 1057), shall be distributed in equal shares to those persons whose names appear on the roll prepared in accordance with section 1 of this Act. The funds so distributed shall not be subject to Federal or State income taxes. SEC. 3. The Secretary shall distribute a share payable to a living enrollee directly to such enrollee or in such manner as is deemed by the Secretary to be in the enrollee's best interest and the per capita share of a deceased enrollee shall be paid to his heirs or legatees upon proof of death and inheritance satisfactory to the Secretary, whose findings upon such proof shall be final and conclusive. Sums payable to enrollees or their heirs or legatees who are less than twenty-one years of age or who are under legal disability shall be paid to the persons whom the Secretary of the Interior determines will best protect their interests. SEC. 4. The Secretary of the Interior is authorized to prescribe rules and regulations to carry out the provisions of this Act, including an appropriate deadline for filing applications for enrollment. Approved September 21, 1968.

September21, 196J

[H.R. I621I]

j^gj^'^^^"^' ^^^^^ judgment funds, disposition.

Eligibility.

Equal shares,

'^^'^ exemption. Heirs of dec e a s e d enrollees.

^^f'^^"^ deadline -

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Page:United States Statutes at Large Volume 82.djvu/902

 860

PUBLIC LAW 90-507-SEPT. 21, 1968

[82 STAT.

Public Law 90-507 September 21, 1968 [H. R. 10911]

Indians of California descent. Judgment funds, distribution. 25 USC 651-657.

Equal shares.

Exempted groups.

Equal shares.

AN ACT To provide for preparation of a roll of persons of California Indian descent and the distribution of certain judgment funds.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembhd. That (a) the Secretary of the Interior shall prepare a roll of persons of Indian blood who apply for inclusion thereon and (i) whose names or the name of a lineal or collateral relative appears on any of the approved rolls heretofore prepared pursuant to the Act of May 18, 1928 (45 Stat. 602) and the amendments thereto or (ii) who can establish, to the satisfaction of the Secretary, lineal or collateral relationship to an Indian who resided in California on June 1, 1852, and (iii) who were born on or before and w'ere livinjs^ on the effective date of this Act. (b) The roll so prepared shall indicate, as nearly as possible, the group or groups of Indians of California with which the ancestors of each enrollee were affiliated on June 1, 1852. If the affiliation of an enrollee's ancestors on that date is unknown, it shall be presumed to be the same as that of the ancestors' relatives whose affiliation is known unless there is sound reason to believe otherwise. Applicants whose ancestry is derived partly from one of the groups named in section 2(b) of this Act and partly from another group of Indians in California shall elect the affiliation to be shown for them on the roll. (c) Application for enrollment shall be filed with the Area Director of the Bureau of Indian Affairs, Sacramento, California, on forms prescribed for that purpose. SEC. 2. (a) The Secretary shall distribute to each person whose name appears on the roll prepared pursuant to the first section of this Act, except those whose ancestry is derived from one or more of the groups named in subsection (b) of this section, an equal share of the moneys which were appropriated by the Act of October 7, 1964 (78 Stat. 1033), in satisfaction of the judgment of the Indian Claims Commission in consolidated dockets numbered 31, 37, 80, 80L-D, and 347, plus the interest earned thereon, minus attorneys fees, litigation expenses (including the reimbursement of funds expended under authority of the Acts of July 1, 1946 (60 Stat. 348), August 4, 1955 (69 Stat. 460), and July 14, 1960 (74 Stat. 512)), a proper share of the costs of roll preparation, and such amounts as may be required to effect the distribution. (b) Persons whose ancestry is derived solely from one or more of the following groups and persons of mixed ancestry who elected to share, other than as heirs or legatees of enrollees, in any award granted to any of the following groups shall not share in the funds distributed pursuant to subsection (a) of this section: Northern Paiute, Southern Paiute, Mohave, Quechan (Yuma), Chemehuevi, Shoshone, Washoe, Klamath, Modoc, and Yahooskin Band of Snakes. SEC. 3. The Secretary shall distribute to each person whose name appears on the roll prepared pursuant to section 1 of this Act regardless of group affiliation an equal share of the undistributed balance of the moneys appropriated in satisfaction of the judgment of the Court of Claims in the case of The Indians of California against United States (102 Court of Claims 837; 59 Stat. 94), plus the interest earned thereon, including the reimbursed moneys and unexpended balances of the funds established by the Acts of July 1, 1946 (60 Stat. 348), August 4, 1955 (69 Stat. 460), and July 14, 1960 (74 Stat. 512), minus a proper share of the costs of roll preparation and such amounts as may be necessary to effect the distribution.

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Page:United States Statutes at Large Volume 82.djvu/903

 82 STAT. ]

PUBLIC LAW 90-508-SEPT. 21, 1968

861

SEC. 4. Each share distributable to an enrollee under sections 2 and Herr^^o^f'de^^' 3 of this Act shall be paid directly to the enrollee or, if he is deceased ceased enrollees. at the time of distribution, to his heirs or legatees unless the distributee is under twenty-one years of age or is otherwise under legal disability, in which case such disposition shall be made of the share as the Secretary determines will adequately protect the best interests of the distributee. Funds distributed under the provisions of this Act shall not '^^'^ exemption, be subj ect to Federal or State income taxes. SEC. 5. The Secretary is authorized to prescribe rules and regulations ^ J'^'"^ deadline, to carry out the provisions of this Act, which rules and regulations shall include an appropriate deadline for the filing of applications for enrollment under the first section of this Act. The determinations Eligibility. of the Secretary regarding eligibility for enrollment, the affiliation of an applicant's ancestors, and the shares of the cost of roll preparation to be charged to each of the two funds referred to in sections 2 and 3 of this Act shall be final. Not more than $325,000 in all shall be available under this Act for the costs of roll preparation and of the distribution of shares. Approved September 21, 1968.

Public Law 90-508 AN ACT

To provide for the disposition of funds appropriated to pay a judgment in favor of the Delaware Nation of Indians in Indian Claims Commission docket numbered 337, and for other purposes.

September 21, 1968 [ H. R. 16402]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary ^gj^g'^^^"^/ ^^^^' of the Interior shall prepare a roll of all persons who meet the follow- /udgme^nt"funds, ing requirements for eligibility: (a) They were born on or prior to disposition. and living on the date of this Act; (b) their name or the name of a lineal ancestor appears on the Delaware Indian per capita payroll approved b;;/^ the Secretary on April 20, 1906, or (c) their name or the name of a lineal ancestor is on or is eligible to be on the constructed base census roll as of 1940 of the Absentee Delaware Tribe of Western Oklahoma, approved by the Secretary of the Interior, or (d) they are lineal descendants of Delaware Indians who were members of the Delaware Nation of Indians as constituted at the time of the Treaty of October 3, 1818 (7 Stat. 188), and their name or the name of a lineal ancestor appears on any available census roll or any other records acceptable to the Secretary. No person shall be. eligible to be enrolled under this section who is not a citizen of the United States. Applications for enrollment must be filed with the Area Director of the Bureau of Indian Affairs, Muskogee, Oklahoma, or the Area Director of the Bureau of Indian Affairs, Anadarko, Oklahoma, on forms prescribed for that purpose. All applications filed shall be Eligibility. reviewed and a judgment of the eligibility of each applicant will be made and recommendation given in writing to the respective area directors by a committee composed of representatives of the two Oklahoma Delaware groups prior to submission of names to the Secretary of the Interior for acceptance on the distribution roll. The determination of the Secretary regarding the utilization of available rolls or records and the eligibility for enrollment of an applicant shall be final. SEC. 2. There shall be withdrawn from the funds on deposit in the Treasury of the United States to the credit of the Delaware Nation that were appropriaited by the Act of October 7, 1964 (78 Stat. 1033), and

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Page:United States Statutes at Large Volume 82.djvu/904

 862

Equal shares.

Limitation. Heirs of dec e a s e d enrollees.

Tax exemption. Filing deadline, etc.

PUBLIC LAW 90-509-SEPT. 21, 1968

[82 STAT.

the interest accrued thereon, using the interest fund first, $7,000, which shall be divided equally between the Cherokee Delawares and the Delaware Tribe of Indians of Western Oklahoma, and shall be available for claims expenses incurred b^ the duly authorized personnel of the two tribal groups, as set forth m their joint resolution numbered 4-68 adopted on September 9, 1967. SEC. 3. After the deduction of attornej^ fees and expenses, litigation expenses, all costs incident to the provisions of this Act, and to making the payments authorized by this Act, including the cost of roll preparation, which shall be paid by appropriate withdrawals from the judgment fund, the unexpended balance of the funds on deposit in the Treasury shall be distributed in equal shares to those persons whose names appear on the roll prepared in accordance with section 1 of this Act. No person shall be entitled to more than one per capita share of the funds. SEC. 4. The Secretary shall distribute a share payable to a living enrollee directly to such enrollee. The Secretary shall distribute the per capita share of a deceased enrollee to his heirs or legatees upon proof of desHh and inheritance satisfactory to the Secretary whose findings upon such proof shall be final and conclusive. Sums payable to enrollees or their heirs or legatees who are less than twenty-one years of age or who are under a legal disability shall be paid in accordance with such procedures as the Secretary detemiines will best protect their interests. SEC. 5. The funds distributed under the provisions of this Act shall not be sutgect to Federal or State income tax. SEC. 6. The Secretary of the Interior is authorized to prescribe rules and regulations to carry out the provisions of this Act, including a deadline for filing enrollment applications. Approved September 21, 1968. Public Law 90-509

September21, 1968

[H.R. 14005]

Hot Springs, Ark. Property disposal, authorization. Condition.

AN ACT To authorize the disposition by the city of Hot Springs, Arkansas, of certain property heretofore conveyed to the city by the United States, and for other purposes.

Be it enacted by the Senate and House of Rejjresentatives of the United States of America in Congress assembled, That, notwithstanding the provisions of section 2 of the Act of May 29, 1928 (45 Stat. 959), providing for a reversion to the United States under specified circumstances of the title to part of lot numbered 3 in block numbered 115 in the city of Hot Springs, Arkansas, the city of Hot Springs is hereby authorized to sell or otherwise dispose of said lot upon the condition that the proceeds received from such sale or other disposition shall be used to construct a fire station within the city limits. SEC. 2. The conditions in the patent issued by the United States on September 7, 1928, to the city of Hot Springs, Arkansas, pursuant to the Act of May 29, 1928 (45 Stat. 959), which provided for a reversion of title to the United States, are hereby released to the extent they are inconsistent with this Act. Approved September 21, 1968.

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Page:United States Statutes at Large Volume 82.djvu/905

 82 STAT. ]

PUBLIC LAW 90-512-SEPT. 25, 1968

863

Public Law 90-510 AN ACT

September 21, 1968

To direct the Secretary of Defense to pay the special pay authorized under section 310 of title 37, United States Code, to certain members of the uniformed services held captive in North Korea.

[ • • 17780]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, in the acfmin- ^^^^ Puebio istration of section 310 (relating to special pay for duty subject to Hostile are pay. hostile fire) of title 37, United States Code, the Secretary of Defense y/stat^s^V^' shall pay the special pay authorized by such section to each member of a uniformed service who was aboard the United States Ship Pueblo at the time of her capture by military forces of North Korea. Such pay shall be paid for the period beginning January 1, 1968, and ending with the month after the month in which such member is repatriated. Approved September 21, 1968. Public Law 90-511 AN ACT

To amend the Act entitled "An Act to provide for the rehabilitation of Guam, and for other purposes", approved November 4, 1963,

September24, 1968

[s.3072]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 2 of the Rehabilitation Act of November 4, 1963 (77 Stat. 302), is amended by deleting "$45,- appropriation!°ki000,000" and inserting in lieu thereof "$75,000,000", and by deleting crease. the date "1973" and inserting in lieu thereof the date "1978". SEC. 2. Said Act is further amended by inserting in the first paragraph of section 3, immediately after the date "June 30, 1968, the following language: "with respect to sums transferred on or prior to that date, and over a period of thirty years from the date of each such transfer with respect to sums transferred after that date". Approved September 24, 1968. Public Law 90-512 AN ACT

September 25, 1968

To provide authority to increase the effectiveness of the "Truth in Negotiations Act."

[H-R. 10573]

Be it enacted by the Senate amd House of Representatives of the United States of America in Congress assembled, That title 10 of the,/*?,'^'V". M^f.? tiations Act,' United States Code is hereby amended as follows: creased effectiveSubsection 2306(f) is amended by adding the following paragraph: "For the purpose of evaluating the accuracy, completeness, and cur- 76 Stat. 528. rency of cost or pricing data rec[uired to be submitted by this subsection, any authorized representative of the head of the agency who is an employee of the United States Government shall have the right, until the expiration of three years after final payment under the contract or subcontract, to examine all books, records, documents, and other data of the contractor or subcontractor related to the negotiation, pricing, or performance of the contract or subcontract." Approved September 25, 1968.

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Page:United States Statutes at Large Volume 82.djvu/906

 864

PUBLIC LAW 90-513-SEPT. 26, 1968

[82 STAT.

Public Law 90-513 September 26, 1968

[H. R. 18785]

Military Construction Appropriation Act. 1969.

AN

ACT

Making appropriations JPor military construction for the Department of Defense for the fiscal year ending June 30, 1969, and for other purposes.

Be it enacted by the Senate ofnd House of Representatives of the United States of America In Congress assembled, That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending June 30, 1969, for military construction functions administered by the Department of Defense, and for other purposes, namely: MILITARY CONSTRUCTION, ARMY

72 Stat. 1459, 1460.

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, $548,126,000, to remain available until expended. 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 Naval Facilities Engineering Command and other personal services necessary for the purposes of this appropriation, $291,513,000, 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, $222,141,000, 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, $83,396,000, 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. MILITARY CONSTRUCTION, ARMY NATIONAL GUARD

For construction, acquisition, expansion, rehabilitation, and conversion of facilities for the training and administration of the Army National Guard as authorized by chapter 133 of title 10, United States

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Page:United States Statutes at Large Volume 82.djvu/907

 82 STAT. ]

PUBLIC LAW 90-513-SEPT. 26, 1968

Code, as amended, and the Reserve Forces Facilities Acts, $2,700,000, to remain available until expended.

865
 * 21jsr223^i°'

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, $8,300,000, to remain available until expended. MILITARY CONSTRUCTION, A R M Y RESERVE

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, $3,000,000, 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, $5,000,000, 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 Air Force Reserve as authorized by chapter 133 of title 10, United States Code, as amended, and the Reserve Forces Facilities Acts, $4,300,000, to remain available until expended. FAMILY 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, $583,700,000, to be obligated and expended in the Family Housing Management Account established pursuant to section 501(a) of Public Law 87-554, in not to exceed ^^ ^^^^'P^:, ti

i» n

•

.

the lollowing amounts: For the Army: Construction, $10,950,000; Operation, maintenance, $135,383,000; Debt payment, $47,204,000. For the Navy and Marine Corps: Construction, $18,175,000; Operation, maintenance, $84,249,000; Debt payments, $31,972,000. For the Air Force: Construction, $19,575,000; Operation, maintenance, $142,443,000; Debt payment, $88,246,000.

42 UoC 15943-1.

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Page:United States Statutes at Large Volume 82.djvu/908

 866

PUBLIC LAW 90-513-SEPT. 26, 1968

[82 STAT.

For Defense agencies: Construction, $40,000; Operation, maintenance, $5,463,000. Provided, That the amounts provided under this head for construction and for debt payment shall remain available until expended. HOMEOWNERS ASSISTANCE F U N D, DEFENSE

80 Stat. 1291. 42 USC 3374. Prior appropriations.

Contracts.

Expediting costs>

Bakery facilities, etc.

Motor vehicle hire. Access roads*

72 Stat. 908.

New bases.

Land easements.

For use in the Homeowners Assistance Fund established pursuant to section 1013(d) of the Demonstration Cities and Metropolitan Development Act of 1966 (Public Law 89-754, approved November 3, 1966), $6,200,000. GENERAL PROVISIONS

SEC. 101. Funds appropriated to the Department of Defense 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 Ninetieth 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 constructioUj 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 Department of Defense for construction are hereby made available for hire of passenger motor vehicles. SEC. 106. Funds appropriated to the Department of Defense for construction may be used for advances to the Bureau of Public Roads, Department of Transportation, for the construction of access roads as authorized by section 210 of title 23, United States Code, when projects authorized therein are certified as 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 inside the Continental United States for which specific appropriations have not been made. SEC. 108. 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 Naval Facilities Engineering Command, 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.

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Page:United States Statutes at Large Volume 82.djvu/909

 82 STAT. ]

PUBLIC LAW 90-514-SEPT. 26, 1968

867

SEC. 109. None of the funds appropriated in this Act may be used Foreign projects. 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. 110. None of the funds appropriated in this Act shall be used J^^"^}^ housing, to (1) acquire land, (2) provide for site preparation, or (3) install utilities for any family housing, except housing for which funds have been made available in annual military construction appropriation Acts. SEC. 111. Funds received from the proceeds of handling excess Excess family family housing remaining under the jurisdiction of the Department di'rp^osui^'n.*^'^*' of Defense shall be deposited to the credit of "Family Housing, Defense"' to be used for the purpose of reducing debt payments of the military departments. SEC. 112. This Act may be cited as the "Military Construction short title. Appropriation Act, 1969". Approved September 26, 1968. Public Law 90-514 AN ACT

September26, 1968

To amend the Federal Aviation Act of 1958 with respect to the definition of "supplemental air transportation", and for other purposes.

[s.3566]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That paragraph (33) Federal Aviation Act of 1958, of section 101 of the Federal Aviation Act of 1958 is amended to read amendment. as follows:

76 Stat. 143.

" (33) 'Supplemental air t r a n s ^ r t a t i o n ' means charter trips, includ- "Supplemental ing inclusive tour charter trips, in air transportation, other than the ^'" transportation." transportation of mail by aircraft, rendered pursuant to a certificate of public convenience and necessity issued pursuant to section 401(d)(3) of this Act to supplement the scheduled service authorized by certifi- 49 USC 1371. cates of public convenience and necessity issued pursuant to sections 401 (d)(1) and (2) of this Act. Nothing in this paragraph shall permit a supplemental air carrier to sell or offer for sale an inclusive tour in air transportation by selling or offering for sale individual tickets directly to members of the general public, or to do so indirectly by controlling, being controlled by, or under common control with, a person authorized by the Board to make such sales."' SEC. 2. Certificates of public convenience and necessity for supplemental air transportation and statements of authorizations, issued by the Civil Aeronautics Board, are hereby validated, ratified, and continued in effect according to their terms, notwithstanding any contrary determinations by any court that the Board lacked power to authorize the performance of inclusive tour charter trips in air transportation. SEC. 3. Section 401(e)(6) of the Federal Aviation Act of 1958 is 76 Stat. 144. amended to read as follows: "(6) Any air carrier, other than a supplemental air carrier, may perform charter trips (including inclusive tour charter trips) or any other special service, without regard to the points named in its certificate, or the type of service provided therem, under regulations prescribed by the Board." Approved September 26, 1968.

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Page:United States Statutes at Large Volume 82.djvu/910

 PUBLIC LAW 90-515-SEPT. 26, 1968

868

[82 STAT.

Public Law 90-515 September26, 1968

^^' ^^^

National Water Commission Act.

AN

ACT

To provide for la comprehensive review of national water resource problems and programs, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "National Water Commission Act". THE N A T I O N A L WATER

Membership.

Compensation. Travel pay. 80 Stat. 499. Executive Director.

SEC. 2. (a) There is established the National Water Commission (hereinafter referred to as the "Commission"). (b) The Commission shall be composed of seven members who shall be appointed by the President and serve at his pleasure. No member of the Commission shall, during his period of service on the Commission, hold any other position as an officer or employee of the United States, except as a retired officer or retired civilian employee of the United States. (c) The President shall designate a Chairman of the Commission (hereinafter referred to as the "Chairman") from among its members. (d) Members of the Commission may each be compensated at the rate of $100 for each day such member is engaged in the actual performance of duties vested in the Commission. Each member shall be reimbursed for travel expenses, including per diem in lieu of subsistence, as authorized by 5 U.S.C., sec. 5703, for persons in the Government service employed intermittently. (e) The Commission shall have an Executive Director, who shall be appointed by the Chairman with the approval of the Commission and shall be compensated at the rate determined by the U.S. Civil Service Commissioners. The Executive Director shall have such duties and responsibilities as the Chairman may assign. D U T I E S OF THE

Report s to P r e s i d e n t and Congress.

COMMISSION

COMMISSION

SEC. 3. (a) The Commission shall (1) review present and anticipated national water resource problems, making such projections of water requirements as may be necessary and identifying alternative ways of meeting these requirements—^givin^ consideration, among other things, to conservation and more efficient use of existing supplies, increased usability by reduction of pollution, innovations to encourage the highest economic use of water, interbasin transfers, and technological advances including, but not limited to, desalting, weather modification, and waste water purification and reuse; (2) consider economic and social consequences of water resource development, including, for example, the impact of water resource development on regional economic growth, on institutional arrangements, and on esthetic values affecting the quality of life of the American people; and (3) advise on such specific water resource matters as may be referred to it by the President and the Water Resources Council. (b) The Commission shall consult with the Water Resources Council regarding its studies and shall furnish its proposed reports and recommendations to the Council for review and comment. The Commission shall submit simultaneously to the President and to the United States Congress such interim and final reports as it deems appropriate, and the Council shall submit simultaneously to the President and to the United States Congress its views on the Commission's reports. The President shall transmit the Commission's final report to the Congress

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Page:United States Statutes at Large Volume 82.djvu/911

 82 STAT. ]

PUBLIC LAW 90-515-SEPT. 26, 1968

869

together with such comments and recommendations for legislation as he deems appropriate. (c) The Commission shall terminate not later than five years from Jermination date. the effective date of this Act. POWERS OF THE COMMISSION

SEC. 4. (a) The Commission may (1) hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as it may deem advisable; (2) acquire, furnish, and equip such office space as is necessary; (3) use the United States mails m the same manner and upon the same conditions as other departments and agencies of the United States; (4) without regard to the civil service laws and regulations and without regard to 5 U.S.C., ch. 51, employ 5*\j|'i^*ri'*oii and fix the compensation of such personnel as may be necessary to 5115. carry out the functions of the Commission; (5) procure services as authorized by 5 U.S.C. sec. 3109, at rates not to exceed $100 per diem so Stat. 416. for individuals; (6) purchase, hire, operate, and maintain passenger motor vehicles; (7) enter into contracts or agreements for studies and surveys with public and private organizations and transfer funds to Federal agencies and river basin commissions created pursuant to title II of the Water Resources Planning Act to carry out such aspects ^^ ^tat. 246 42 USC of the Commission's functions as the Commission determines can 1962b-6. 1962bbest be carried out in that manner; and (8) incur such necessary expenses and exercise such other powers as are consistent with and reasonably required to perform its functions under this title. (b) Any member of the Commission is authorized to administer oaths when it is determined by a majority of the Commission that testimony shall be taken or evidence received under oath. POWERS AND DUTIES OF THE CHAIRMAN

SEC. 5. (a) Subject to general policies adopted by the Commission, the Chairman shall be the chief executive of the Commission and shall exercise its executive and administrative powers as set forth in section 4(a)(2) through section 4(a)(8). (b) The Chairman may make such provision as he shall deem appropriate authorizing the performance of any of his executive and administrative functions by the Executive Director or other personnel of the Commission. OTHER FEDERAL AGENCIES

S E C 6. (a) The Commission may, to the extent practicable, utilize the services of the Federal water resource agencies. (b) Upon request of the Commission, the head of any Federal department or agency or river basin commission created pursuant to title II of the Water Resources Planning Act is authorized (1) to furnish to the Commission, to the extent permitted by law and within the limits of available funds, including funds transferred for that purpose pursuant to section 4(a)(7) of this Act, such information as may be necessary for carrying out its functions and as may be available to or procurable by such department or agency, and (2) to detail to temporary duty with this Commission on a reimbursable basis such personnel within his administrative jurisdiction as it may need or believe to be useful for carrying out its functions, each such detail to be without loss of seniority, pay, or other employee status. Financial (c) Financial and administrative services (including those related ^^,,^^^^^^^^„^^ and administrative to budgeting, accounting, financial reporting, personnel, and procure- servic'es^y ment) shall be provided the Commission by the General Services GSA. Administration, for which payment shall be made in advance, or by

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Page:United States Statutes at Large Volume 82.djvu/912

 870

80 Stat. 477-

PUBLIC LAW 90-516-SEPT. 26, 1968

[82 STAT.

reimbursement from funds of the Commission in such amounts as may be agreed upon by the Chairman of the Commission and the Administrator of General Services: Provided, That the regulations of the General Services Administration for the collection of indebtedness of personnel resulting from erroneous payments (5 U.S.C. sec. 5514) shall apply to the collection of erroneous payments made to or on behalf of a Commission employee, and regulations of said Administrator for the administrative control of funds (31 U.S.C. 665 (g)) shall apply to appropriations of the Commission: And provided further, That the Commission shall not be required to prescribe such regulations. APPROPRIATIONS

SEC. 7. There are hereby authorized to be appropriated not to exceed $5,000,000 to carry out the purposes of this Act. Approved September 26, 1968.

Public Law 90-516 September 26, 1968 [S. 220]

Public lands. Sale.

Contiguous landowners, preference right.

Acreage limitation. Expiration date.

AN ACT To authorize the sale of certain public lands. Be it enacted by the Senate and House of Reprei^'entatives of the United States of America in Congress assembled, That the Secretary of the Interior is authorized, on his own motion or on application of an owner of contiguous lands, and upon a finding that it is not needed for public purposes, to sell at public auction any tract of public domain not exceeding one hundred and twenty acres that has been or is now subject to unintentional trespass, as determined by the Secretary, and that contains some land which has been or can be put to cultivation but which is insufficient because of climatic, topographic, ecologic, soil, or other factors to justify a classification as proper for disposal under the homestead or desert land laws. Except as provided in section 2 hereof, the tract shall be sold to the highest bidder. Except as provided in section 3 hereof, no tract shall be sold for less than its appraised fair market value. SEC. 2. For a period of thirty days from the day the high bid is received, any owner of contiguous lands shall have a preference right to buy the tract at such highest bid price. If two or more contiguous owners assert the preference right, the Secretary is authorized to make such division of the land among the applicants as he deems equitable. SEC. 3. If a person who has a preference right under section 2 of this Act is the purchaser of land sold pursuant to this Act, he shall not be required to pay for any values he or his predecessors in interest have added to the land. However, nothing in this Act shall relieve any person from liability to the United States for unauthorized use of the land prior to conveyance of title by the United States. SEC. 4. No person may acquire from the Secretary more than one hundred and twenty acres of land under the provisions of this Act. SEC. 5. The authority granted by this Act shall expire three years from the date of the passage of th* Act, but sales for which application has been made in accordance with this Act prior to the expiration of the three years may be consummated and patents may be issued in connection therewith after the three-year period. Approved September 26, 1968.

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Page:United States Statutes at Large Volume 82.djvu/913

 82 STAT. ]

PUBLIC LAW 90-517-SEPT. 26, 1968

871

Public Law 90-517 AN ACT

September26, 1968

To direct the Secretary of Agriculture to release, on behalf of the United States, a condition in a deed conveying certain lands to the South Carolina State Commission of Forestry so as to permit such Commission, subject to a certain condition, to exchange such lands.

^^^-^^^^^

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, notwithstand- south Carolina, ing the provisions of subsection (c) of section 32 of the Bankhead- dition!^r"iea's°e" Jones F a r m Tenant Act, as amended (7 U.S.C. 1011 (c)), the Secretary so s'tat. 525; of Agriculture is authorized and directed to release, on behalf of the ^^ ^*^*- ^^sUnited States, with respect to the following-described lands, the condition contained in the deed dated June 28, 1955, between the United States of America and the South Carolina State Commission of Forestry, conveying, pursuant to such subsection, certain lands, of which such described lands are a part, to such Commission, which requires that the lands conveyed be used for public purposes: A tract consisting of approximately seventy-two acres, being a portion of the five-hundred-and-ten-acre tract conveyed by such deed dated June 28, 1955, which is bounded on the south by the State Forestry Commission, on the east by McCray's Mill Club and E. T. Gulledge, on the north by the State Highway Numbered 763, and on the west by an unpaved county public road known as the Brunt Gin Road. SEC. 2. The Secretary shall release the condition referred to in the first section of this Act only with respect to lands covered by and described in an agreement or agreements entered into between the Secretary and the South Carolina Commission of Forestry in which such State agency, in consideration of the release of such conditions as to such lands, agrees that the lands with respect to which condition is released shall be exchanged for lands of approximately comparable value and that the lands so acquired by exchange shall be used for public purposes. SEC. 3. Upon application all the undivided mineral interests of the United States in any parcel or tract of land released pursuant to this Act from the condition as to such lands shall l>e conveyed to the South Carolina Commission of Forestry for the use and benefit of the Commission by the Secretary of the Interior. I n areas where the Secretiiry of the Interior determines that there is no activ^e mineral development or leasing, and that the lands have no mineral value, the mineral interests covered by a single application shall be sold for a consideration of $1. I n other areas, the mineral interests shall be sold at the fair market value thereof as determined by the Secretary of the Interior after taking into consideration such appraisals as he deems necessary or appropriate. SEC. 4. Each application made under the provisions of section 3 of this Act shall be accompanied by a nonrefundable deposit to be applied to the administrative costs as fixed by the Secretary of the Interior. If the conveyance is made, the applicant shall pay to the Secretary of the Interior the full administrative costs, less the deposit. If a conveyance is not made pursuant to an application filed under this Act, the deposit shall constitute full satisfaction of such administrative costs notwithstanding that the administrative costs exceed the deposit.

96-600 O - 69 - 58

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Page:United States Statutes at Large Volume 82.djvu/914

 872 "Administrative costs."

PUBLIC LAW 90-518-SEPT. 26, 1968

[82 STAT.

SEC. 5. The term "administrative costs" as used in this Act includes, in addition to other items, all costs which the Secretary of the Interior determines are included in a determination of (1) the mineral character of the land in question, and (2) the fair market value of the mineral interest. Approved September 26, 1968.

Public Law 90-518 September 26, 1968 fH. R. 57541

Intoxicating liquors. Interstate shipments, bill of lading requirement. 62 Stat. 761-

Penalty.

Effective date.

AN -ACT To amend section 1263 of title 18 of the United States Code to require that interstate shipments of intoxicating liquors be accompanied by bill of lading, or other document, showing certain information in lieu of requiring S;Uch to be marked on the package. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 1263 of title 18 of the United States Code is amended to read as follows: ""Whoever knowingly ships into any place within the United States any package containing any spirituous, vinous, malted, or other fermented liquor, or any compound containing any spirituous, vinous, malted, or other fermented liquor fit for use for beverage purposes, unless such shipment is accompanied by copy of a bill of lading, or other document showing the name of the consignee, the nature of its contents, and the quantity contained therein, shall be fined not more than $1,000 or imprisoned not more than one year, or both." SEC. 2. Nothing contained in this Act shall be construed as indicating an intent on the part of Congress to deprive any State of the power to enact additional prohibitions with respect to the shipment of intoxicating liquors. SEC. 3. This Act shall become effective ninety days after the date of its enactment. Approved September 26, 1968. Public Law 90-519

September26, 1968 [H. R. 17609]

Kenai. A l a s k a. Land con-

AN ACT To authorize the Secretary of the Interior to convey to the city of Kenai, Alaska, interests of the United States in certain land. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Interior is authorized and directed to convey to the city of Kenai, Alaska, a municipal corporation organized under the laws of the State of Alaska, all right, title, and interests which the United States has, excepting, however, all oil and gas deposits, together with the right to prospect for, mine, and remove the same, in lot 18, section 5, township 5 north, range 11 west, Seward meridian (tract C, Etolin subdivision), containing 1.88 acres, more or less, upon the condition that if said tract is sold by the city of Kenai, proceeds received from stich sale shall be used for the construction and maintenance of a public health facility within the city limits. Approved September 26, 1968.

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Page:United States Statutes at Large Volume 82.djvu/915

 82 STAT. 1

PUBLIC LAW 90-520-SEPT. 26, 1968

873

Public Law 90-520 AN ACT

September26, 1968

To direct the Secretary of Agriculture to release on behalf of the United States a condition in a deed conveying certain lands to the State of Ohio, and for other purposes.

[s. 3687]

Be it enacted by the Senate and House of Rejwesentatives of the United States of America in Congress assembled, That, notwithstand- °^|^°ing the provisions of subsection (c) of section 32 of the Bankhead- dition, r"iea*se" Jones F a r m Tenant Act, as amended (7 U.S.C. 1011 (c)), the Secretary ^/o^f^^^^s^s; of Agriculture is authorized and directed to release on behalf of the 56 Stat. 725. United States with respect to lands designated pursuant to section 2 hereof, the condition in a deed dated January 80, 1957, conveying lands in the State of Ohio to the State of Ohio, which requires that the lands so conveyed be used for public purposes and provides for a reversion of such lands to the United States if at any time they cease to be so used. SEC. 2. The Secretary shall release the condition referred to in the ^JZtZl^^^"^^^ first section of this Act only with respect to lands covered by and requirement. described in an agreement or agreements entered into between the Secretary and the State of Ohio or an authorized agency of the State in which such State or agency, in consideration of the release of such condition as to such lands, agrees that the lands with respect to which such condition is released shall be exchanged for lands of approximately comparable value and that the lands so acquired by exchange shall be used for public purposes. SEC. 3. Upon application all the undivided mineral interests of the Mineral inUnited States in any parcel or tract of land released pursuant to this ^"^'^ ^' Act from the condition as to such lands shall be conveyed to the State of Ohio for the use and benefit of the State by the Secretary of the Interior. I n areas where the Secretary of the Interior determines that there is no active mineral development or leasing, and that the lands have no mineral value, the mineral interests covered by a single application shall be sold for a consideration of $1. I n other areas the mineral interests shall be sold at the fair market value thereof as determined by the Secretary of the Interior after taking into consideration such appraisals as he deems necessary or appropriate. SEC. 4. Each application made under the provisions cf section 3 of this Act shall be accompanied by a nonrefundable deposit to be applied to the administrative costs as fixed by the Secretary of the Interior. If the conveyance is made, the applicant shall pay to the Secretary of the Interior the full administrative costs, less the deposit. If a conveyance is not made pursuant to an application filed under this Act, the deposit shall constitute full satisfaction of such administrative costs notwithstanding that the administrative costs exceed the deposit. SEC. 5. The term "administrative costs" as used in this Act includes, "Administrative in addition to other items, all costs which the Secretary of the Interior c o s t s. " determines are included in a determination of (1) the mineral character of the land in question, and (2) the fair market value of the mineral interest. SEC. 6. Amounts paid to the Secretary of the Interior under the provisions of this Act shall be paid into the Treasury of the United States as miscellaneous receipts. Approved September 26, 1968.

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Page:United States Statutes at Large Volume 82.djvu/916

 874

PUBLIC LAW 90-521-SEPT. 26, 1968

[82 STAT.

Public Law 90-521 September26.1968 [H. R. 13669]

Military claims. Administration and settlement. 70A Stat. 154-

76 Stat. 767.

AN ACT To amend.section 2734 of title 10 of the United States Code to permit the use of officers of any of the services on claims commissions, and for other purposes; to amend section 2734a of title 10 to authorize the use of Coast Guard appropriations for certain claims settlements arising out of Coast Guard activities; and to amend section 2736 of title 10 to authorize advance payments in cases covered by sections 2733 and 2734 of title 10 and section 715 of title 32 involving military claims.

Be it enacted by the Senate and House of Representatives of the United States of America In Congress assembled, That (a) the first sentence of section 2734 of title 10, United States Code, is amended by striking the words "appoint one or more claims commissions, each composed of one or more commissioned officers of the armed forces under his jurisdiction," and by inserting in lieu thereof the words "appoint one or more claims commissions, each composed of one or more commissioned officers of the armed forces,". (b) Subsection (a) of section 2734 of title 10, United States Code, is amended by adding at the end thereof the following sentence: "An officer may.serve on a claims commission under the jurisdiction of another armed force only with the consent of the Secretary of his department, or his designee, but shall perform his duties under regulations of the department appointing the commission." SEC. 2, Subsection (a) of section 2736 of title 10, is amended by striking the words "as the result of an accident involving an aircraft or missile under the control of that department" and inserting in lieu thereof "under circumstances"; and the caption of section 2736 is amended to read as f ollows: "§2736. Property loss; personal injury or death: advance payment." and the chapter analysis of chapter 163 of title 10 of the United States Code is amended by striking '•2736. Property loss; personal injury or death: incident to aircraft or missile operation."

and inserting "2736. Property loss; personal injury or death: advance payment."

76 Stat. 512-

SEC. 3. Section 2734(b)(3) of title 10, United States Code, is amended to read as follows: "(3) it did not arise from action by an enemy or result directly or indirectly from an act of the armed forces of the United States in combat, except that a claim may be allowed if it arises from an accident or malfunction incident to the operation of an aircraft of the armed forces of the United States, including its airborne ordnance, indirectly related to combat, and occurring while preparing for, going to, or returning from a combat mission." SEC. 4. (a) Subsection (c) of section 2734a of title 10, United States Code, is amended to read as follows: "(c) A reimbursement or payment under this section shall be made by the Secretary of Defense out of appropriations for that purpose except that payment of claims against the Coast Guard arising while it is operating as a service of the Department of Transportation shall be made out of the appropriations for the operating expenses of the Coast Guard. The appropriations referred to in this subsection may be used to buy foreign currencies required for the reimbursement or payment." (b) Section 2734a of title 10, United States Code, is amended by the addition of the following subsection:

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Page:United States Statutes at Large Volume 82.djvu/917

 82 STAT. ]

PUBLIC LAW 90-523-SEPT. 26, 1968

875

" (d) Upon the request of the Secretary of Transportation or his designee, any payments made relating to chiims arising from the activities of the Coast Guard and covered by subsection (a) may be reimbursed or paid to the foreign comitry concerned by the authorized representative of the Department of Defense out of the appropriation for claims of the Department of Defense, subject to reimbursement from the Department of Transportation." Approved September 26, 196.8.

Public Law 90-522 AN ACT

To amend section 2733 of title 10, United States Code, to authorize the application of local law in determining the effect of claimant's contributory negligence, and to clarify the procedure for appeal from certain claims determinations.

September26, 1968 [H.R. I0482]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 2733 Military claims. of title 10, United States Code, is amended by— lodi^ 1^*^.*'°" ° (1) striking out the word "and" at the end of clause (4) of 70A Stat. 153; subsection (b) and inserting in place thereof "or, if so caused, ^ ^*^ ^'*^^" allowed only to the extent that the law of the place where the act or omission complained of occurred would permit recovery from a private individual under like circumstances; and"; (2) striking out the period at the end of subsection (g) and pH^^^^^'^^]^' inserting in place thereof the following: ", subject to appeal to the Secretary concerned, or his designee for that purpose.". Approved September 26, 1968. Public Law 90-523 AN ACT

September26, 1968

To provide for the rehabilitation of the Eklutna project, Alaska, and for other purposes.

1^ ^^"^^ ^-

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the total sums Ekiutna projexpended by the Secretary of the Interior in rehabilitation of the ^'Rehibmration. Eklutna project, Alaska, from damage caused by the earthquake of March 27, 1964, less the difference between the actual cost of the new dam and the estimated cost of rehabilitating the old dam, shall be nonreimbursable and nonreturnable, and not subject to the provisions of the second sentence of section 1 of the Act of July 31, 1950, as amended: Provided, however, That the nonreimbursable and non- 64 Stat. 332. returnable expenditures shall not exceed $2,805,437. 48 USC 312. Approved September 26, 1968.

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