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PUBLIC LAW 91-472-OCT. 21, 1970 SPECIAL INTERNATIONAL

1063

EXHIBITIONS

For expenses necessary to carry out the functions of the United States Information Agency under section 102(a)(3) of the Mutual Educational and Cultural Exchange Act of 1961 (75 Stat. 527), ^^f^^^-^es; $4,033,000, to remain available until expended: Provided, That not to 22 USC 2452. exceed a total of $7,200 may be expended for representation. SPECIAL INTERNATIONAL EXHIBITIONS (SPECIAL FOREIGN CURRENCY PROGRAM)

For payments in foreign currencies which the Treasury Department determines to be excess to the normal requirements of the United States, for necessary expenses of the United States Information Agency in connection with special international exhibitions under the Mutual Educational and Cultural Exchange Act of 1961 (75 Stat. 527), $332,000, to remain available until expended: Provided, That not to exceed $1,250 may be expended for representation. ACQUISITION

A N D CONSTRUCTION

22 USC 2451 note.

OF RADIO FACILITIES

For an additional amount for the purchase, rent, construction, and improvement of facilities for radio transmission and reception, purchase and installation of necessary equipment for radio transmission and reception, without regard to the provisions of the Act 47 of June 30, 1932 (40 U.S.C. 278'a), and acquisition of land and inter- 1517.Stat. ests in land by purchase, lease, rental, or otherwise, $600,000 to remain available until expended: Provided, That this appropriation shall be available for acquisition of land outside the continental United States without regard to section 355 of the Revised Statutes (40 U.S.C. 255), and title to any land so acquired shall be approved by the Director of the United States Information Agency.

412,

TITLE VI—FEDERAL PRISON INDUSTRIES, INCORPORATED The following corporation is hereby authorized to make such expenditures, within the limits of funds and borrowing authority available to such corporation, and in accord with the law, and to make such contracts and commitments, without regard to fiscal year limitations as provided by section 104 of the Government Corporation Control Act, as amended, as may be necessary in carrying out the program set ^J u*sc'84*9' forth in the budget for the current fiscal year for such corporation, including purchase of not to exceed seven of which six shall be for replacement only, and hire of passenger motor vehicles, except as hereinafter provided: LIMITATION ON ADMINISTRATIVE A N D VOCATIONAL TRAINING EXPENSES, FEDERAL PRISON INDUSTRIES, INCORPORATED

Not to exceed $854,000 of the funds of the corporation shall be available for its administrative expenses, and not to exceed $4,000,000 for the expenses of vocational training of prisoners, both amounts to be available for services as authorized by 5 U.S.C. 3109, and to be com- *^ ^*^*- '•^^• puted on an accrual basis and to be determined in accordance with the corporation's prescribed accounting system in effect on July 1, 1946, and shall be exclusive of depreciation, payment of claims, expenditures which the said accounting system requires to be capitalized or

47-348 O - 72 - 71 (Pt. 1)

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[84

STAT.

charged to cost of commodities acquired or produced, including selling and shipping expenses, and expenses in connection with acquisition, construction, operation, maintenance, improvement, protection, or disposition of facilities and other property belonging to the corporation or in which it has an interest. TITLE VII—GENERAL PROVISIONS Publicity or propaganda. Foreign currency funded programs.

F i s c a l year limitation. Payment to convicted rioters, proliibition.

Funds for campus disrupters, prohibition.

Short title.

SEC. 701. No part of any appropriation contained in this Act shall be used for publicity or propaganda purposes not authorized by the Congress. SEC. 702. No part of any appropriation contained in this Act shall be used to administer any program which is funded in whole or in part from foreign currencies or credits for which a specific dollar appropriation therefor has not been made. SEC. 703. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein. SEC. 704. No part of the funds appropriated by this Act shall be used to pay the salary of any Federal employee who is finally convicted in any Federal, State, or local court of competent jurisdiction, of inciting, promoting, or carrying on a riot resulting in material damage to property or injury to persons, found to be in violation of Federal, State, or local laws designed to protect persons or property in the community concerned. SEC. 705. No part of the funds appropriated under this Act shall be used to provide a loan, guarantee of a loan, a grant, the salary of, or any remuneration whatever to any individual applying for admission, attending, employed by, teaching at or doing research at an institution of higher education who has engaged in conduct on or after August 1, 1969, which involves the use of (or the assistance to others in the use of) force or the threat of force or the seizure of property under the control of an institution of higher education, to require or prevent the availability of certain curriculum, or to prevent the faculty, administrative officials or students in such institution from engaging in their duties or pursuing their studies at such institution. This Act may oe cited as the "Departments of State, Justice, and Commerce, the Judiciary, and Related Agencies Appropriation Act, 1971". Approved October 21, 1970.

Public Law 91-473 JOINT RESOLUTION October 21, 1970 [S.J. R e s. 242] To provide for the temiM)rary extension of the Federal Housing Administration ' s insurance authority. Housing. Ante, p. 886; Post, p. 1770.

Resolved by the Senate and House of Representatives of the United States of America In Congress assembled, That (a) section 2(a) of the National Housing Act is amended by striking out "November 1, 1970'' in the first sentence and inserting in lieu thereof "December 1, 1970". (b) Section 217 of such Act is amended by striking out "November 1, 1970" and inserting in lieu thereof "December 1, 1970". (c) Section 221(f) of such Act is amended by striking out "November 1, 1970" in the fifth sentence and inserting m lieu thereof "December 1, 1970".

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


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PUBLIC LAW 91-474-OCT. 21, 1970

(d) Section 809(f) of such Act is amended by striking out "November 1, 1970" in the second sentence and inserting in lieu thereof "December 1, 1970". (e) Section 810(k) of such Act is amended by striking out "November 1, 1970" in the second sentence and inserting in lieu thereof "December 1, 1970". (f) Section 1002(a) of such Act is amended by striking out "November 1, 1970" in the second sentence and inserting in lieu thereof "December 1, 1970". (g) Section 1101(a) of such Act is amended by striking out "November 1, 1970" in the second sentence and inserting in lieu thereof "December 1, 1970". Approved October 21, 1970.

1065

Ante, p. 887; '

Public Law 91-474 ^ ^

^ ^ ^

To establish the Plymouth-Provincetown Celebration Commission.

October 21, 1970

[s. 2916]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, in recognition piymouthProvincetown of the three hundred and fiftieth anniversary, in 1970, of the landing of ^^_^ „ Celebration Comthe Pilgrims at Provincetown and Plymouth, which led to permanent missron settlements whose influence on our history, culture, law, and commerce Establishment. extends through the present day, there is hereby established the Plymouth-Provincetown Celebration Commission (hereafter referred to as the "Commission"), for the purpose of developing suitable plans for such anniversary and conducting celebrations at appropriate times throughout the period beginning September 1, 1970, and ending November 30, 1971. SEC. 2. (a) The Commission shall be composed of thirteen members Membership. as follows: (1) four Members of the Senate, two from each of the two major political parties, to be appointed by the President pro tempore of the Senate; (2) four Members of the House of Representatives, two from each of the two major political parties, to be appointed by the Speaker of the House of Representatives; and (3) five members to be appointed by the President. (b) The President shall, at the time of appointment, designate one of the members appointed by him to serve as Chairman. (c) The members of the Commission shall serve without compensa- Travel extion, but shall be reimbursed for travel, subsistence, and other neces- P®"^®^* * * • sary expenses incurred by them in carrying out the duties of the Commission. (d) Within ninety days after the termination of such celebration, p^*^°'ss*° the Commission shall furnish a report of its activities, including an °"^'"®*^* accounting of funds received and expended, to the Congress. Upon Termination. submission of such report to the Congress, the Commission shall termiaiate. SEC. 3. I n order to carry out the purposes of this Act, the Commission is authorized— (1) to appoint and fix the compensation of such personnel as Personnel, com. may be necessary, without regard to the provisions of title 5, p^nsatio"United States Code, governing appointments in the competitive service, and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification so Stat. 443. and General Schedule pay rates; s 33 u^^ ^ ^ ° ^' ^ Ante,

p. 198-1.

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 1066 E x p e r t s and consultants. 80 Stat. 4 1 6. Volunteers.

80 Stat. 499; 83 Stat. 190. Gifts, a c c e p t ance.

Acquired property, r e v e r s i o n to U.S.

Appropriation.

PUBLIC LAW 91-475-OCT. 21, 1970

[84 STAT.

(2) to obtain the services of experts and consultants, in accordance with the provisions of section 3109 of title 5, United States Code, at rates for individuals not to exceed $100 per diem; (3) to accept and to utilize the services of voluntary and uncompensated personnel and reimburse them for travel expenses, including per diem, as authorized by section 5703 of title 5, United States Code; ^4) to solicit and to accept gifts of money or property; (5) to procure supplies, services, and property, and to make contracts, without regard to the laws and procedures applicable to Federal agencies; (6) to request the assistance and advice of, and to cooperate with, civic, historic, and patriotic bodies, institutions of learning, and State and local governments; (7) to request the cooperation and assistance of such Federal departments and agencies as may be appropriate; (8) to invite the participation of such other nations as may be appropriate, with the assistance and advice of the Department of State; and (9) to make such expenditures as it may deem advisable from funds appropriated or received as gifts. SEC. 4. Any property acquired by the Commission remaining upon termination of such celebration is the property of the United States and may be used by the Secretary of the Interior for purposes of the national park system, or may be disposed of as surplus property. The net revenue, after payment of Commission expenses, is the property of the United States and shall be deposited in the Treasury of the United States. SEC. 5. There is hereby authorized to be appropriated the sum of $100,000 to carry out the purposes of this Act. Approved October 21, 1970.

Public Law 91-475

October 21, 1970 [H. R. 9548]

D. C. Nonresidents, exemptions from attachment. 77 Stat. 530. 77 Stat. 554.

"' ' - ....^/ -r, AN ACT To amend section 15-503 of the District of Columbia Code with respect to exempt tions from attachment and certain other process in the case of persons not residing in the District of Columbia. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 15-503 of the District of Columbia Code is amended by redesignating subsection (c) as subsection (d) and by inserting immediately after subsection (b) the following new subsection (c): "(c) Notwithstanding any other provision of law, the wages (as defined in section 16-571 of the District of Columbia Code) of any person not residing in the District of Columbia who does not earn the major portion of such wages in the District of Columbia shall, in any case arising out of a contract or transaction entered into outside of the District of Columbia, be exempt from attachment, levy, or seizure, by any process or proceeding of any court, judge, or officer of the District of Columbia in the same amount and to the same extent as is provided by law of the State in which such person resides for persons residing therein. Whenever any claim is made for an exemption from attachment pursuant to this subsection, the burden shall be upon the plaintiff to prove that the contract or transaction involved in the case was entered into within the District of Columbia." Approved October 21, 1970.

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PUBLIC LAW 91-476-OCT. 21, 1970

1067

Public Law 91-476 AN ACT T(\ provide for the establishment of the King Range National Conservation Area in the State of California.

October 21, 1970 [H.R. 12870]

Be it enacted by the /Senate and the House of Repre/^entatives of the King Range NaUnited States of America in Congress assembled. That the Secretary tional Conservaof the Interior (hereinafter referred to as the "Secretary") is hereby uon'Area, cauf. authorized and directed, after compliance with sections 3 and 4 of this Establishment. Act, to establish, within the bounaaries described in section 9 of this Act, the King Range National Conservation Area in the State of California (hereinafter referred to as the "Area"), and to consolidate and manage the public lands in the area with the purpose of conserving and developing, for the use and benefit of the people of the United States, the lands and other resources therein under a program of multiple usage and of sustained yield. SEC. 2. (a) In the management of lands in the area, the Secretary Resources, shall utilize and develop the resources in such a manner as to satisfy development. all legitimate requirements for the available resources as fully as possible without undue denial of any of such requirements and without undue impairment of any of the resources, taking into consideration total requirement and total availability of resources, irrespective of ownership or location. Plan provisions. (b) The policy set forth in subsection (a) implies— (1) that there will be a comprehensive, balanced, and coordinated plan of land use, development, and management of the Area, and that such plan will be based on an inventory and evaluation of the available resources and requirements for such resources, and on the topography and other features of the Area. (2) that the plan will indicate the primary or dominant uses which will be permitted on various portions of the Area. (3) that the plan will be based on a weighing of the relative values to be obtained by utilization and development of the resources for alternative possible uses, and wll be made with the object of obtaining the greatest values on a continuing basis, and that due consideration will be given to intangible values as well as to tangible values such as dollar return or production per unit. (4) that secondary or collateral uses may be permitted to the extent that such uses are compatible with and do not unduly impair the primary or dominant uses, according to a seasonal schedule or otherwise. (5) that management of the renewable resources wnll be such as to obtain a sustained, regular, or periodic yield or supply of products or services without impairment of the productivity, or the enjoyment or carrying capacity of the land. (6) that the plan will be reviewed and reevaluated periodically. (7) that the resources to be considered are all the natural resources including but not limited to the soils, bodies of water including the shorelines thereof, forest growth including timber, vegetative cover including forage, fish, and other wildlife, and geological resources including minerals. (8) that the uses to be considered are all of the legitimate uses of such resources including but not limited to all forms of outdoor recreation including scenic enjoyment, hunting, fishing, hiking, riding, camping, picknicking, boating, and swimming, all uses of water resources, watershed management, production of timber and other forest producers, grazing and other agricultural uses, fish and wildlife management, mining, preservation of ecological balance, scientific study, occupancy and access.

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 1068 Program.

Copies of program to Congress and Governor of California.

Publication in Federal Register. Secretary,

PUBLIC LAW 91-476-OCT. 21, 1970

[84 STAT.

SEC. 3. The Secretary shall use public and private assistance as he may require, for the purpose of preparing for the Area a program of multiple usage and of sustained yield of renewable natural resources. Such program shall include but need not be limited to (1) a quantitative and qualitative analysis of the resources of the Area; (2) the proposed boundaries of the Area; (3) a plan of land use, development, and management of the Area together with any proposed cooperative activities with the State of California, local governments, and others; (4) a statement of expected costs and an economic Analysis of the program with particular reference to costs to the United States and expected economic effects on local communities and governments; and (5) an evaluation by the Secretary of the program in terms of the public interest. SEC. 4. The Secretary shall establish the Area after a period of at least ninety calendar days from and after the date that he has (1) submitted copies of the program required by section 3 to the President of the Senate and the Speaker of the House of Representatives, the Governor of the State of California, and the governing body of the county or counties in which the area is located and (2) published a notice of intention to establish the area in the Federal Register and in at least two newspapers which circulate generally within the Area. SEC. 5. The Secretary is authorized— (1) to conduct a public hearing or hearings to receive expression of local views relating to establishment of the area. (2) to acquire by donation, by purchase with donated funds or with funds appropriated specifically for that purpose, or by exchange, any land or interest in land within the area described in section 9, which the Secretary, in his judgment, determines to be desirable for consolidation of public lands within the Area in order to facilitate efficient and beneficial management of the public lands or otherwise to accomplish the purposes of this Act: Provided, That the Secretary may not acquire, without the consent of the owner, any such lands or interests therein which are utilized on the effective date of this Act for residential, agricultural, or commercial purposes so long as he finds such property is devoted to uses compatible with the purposes of this Act. Any lands or interests in lands acquired by the United States under the authority of this section shall, upon acceptance of title, become public lands, and shall become a part of the area subject to all the laws and regulations applicable thereto. (3) in the exercise of his authority to acquire land or interests in land by exchange under this Act, to accept title to any nonFederal land located within the Area and to convey to the grantor of such land not to exceed an equal value of surveyed, unappropriated, and unreserved public lands or interests, in lands and appropriated funds when in his judgment the exchange will be in the public interestj and in accordance with the following: (A) The public lands offered in exchange for non-Federal lands or interests in non-Federal lands must be in the same county or counties, and must be classified by the Secretary as suitable for exchange. For a period of five years, any such public lands suitable for transfer to nonpublic ownership shall be classified for exchange under this Act. (B) If the lands or interests in lands offered in exchange for public lands have a value at least equal to two-thirds of the value of the public lands, the exchange may be completed upon payment to the Secretary of the difference in value, or the submittal of a cash deposit or a performance bond in an

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PUBLIC LAW 91-476-OCT. 21, 1970

amount at least equal to the difference in value assuring that additional lands acceptable to the Secretary and at least equal to the difference in value will be conveyed to the Government within a time certain to be specified by the Secretary. (C) If the public lands offered in exchange for non-Federal lands or interests in non-Federal lands have a value at least equal to tw o-thirds of the value of the non-Federal lands, the exchange may be completed upon payment by the Secretary of the difference in value. (D) Either party to an exchange under this Act may reserve minerals, easements, or rights of use either for its own benefit, for the benefit of third parties, or for the benefit of the general ublic. Any such reservation, whether in lands conveyed to or y the United States, shall be subject to such reasonable conditions respecting ingress and egress and the use of the surface of the land as may be deemed necessary by the Secretary. When minerals are reserved in a conveyance by the United States, any person who prospects for or acquires the right to mine and remove the reserved mineral deposits shall be liable to the surface owners according to their respective interests for any actual damage to the surface or to the improvements thereon resulting from prospecting, entering, or mining operations; and such person shall, prior to entering, either obtain the surface owner's written consent, or file with the Secretary a good and sufficient bond or undertaking to the United States in an amount acceptable to the Secretary for the use and benefit of the surface owner to secure payment of such damages as may be determined in an action brought on the bond or undertaking in a court of competent jurisdiction. (4) in the exercise of his authority to purchase lands under this Act to pay for any such purchased lands their fair market value, as determined by the Secretary, who may, in his discretion, base his determination on an independent appraisal obtained by him. (5) to identify the appropriate public uses of all of the public lands and interests therein within the Area. Disposition of the public lands within the Area, or any of the lands subsequently acquired as part of the area, is prohibited, and the lands in the Area described in section 9 of this Act are hereby withdrawn from all forms of entry, selection, or location under existing or subsequent law, except as provided in section 6 of this Act. Notwithstanding any provision of this section, the Secretary may (A) exchange public lands or interests therein within the area for privately owned lands or interests therein also located within the area, and (B) issue leases, licenses, contracts, or permits as provided by other laws(6) to construct or cause to be constructed and to operate and maintain such roads, trails, and other access and recreational facilities in the area as the Secretary deems necessary and desirable for the proper protection, utilization, and development of the area. (7) to reforest and revegetate such lands within the area and install such soil- and water-conserving works and practices to reduce erosion and improve forage and timber capacity as the Secretary deems necessary and desirable. (8) to enter into such cooperative arrangements with the State of California, local governmental agencies, and nonprofit organizations as the Secretary deems necessary or desirable concerning but not limited to installation, construction, maintenance, and

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 1070

Hunting and fishing rights.

Administration.

Revocation.

PUBLIC LAW 91-476-OCT. 21, 1970

[84 STAT.

operation of access and recreational facilities, reforestation, revegetation, soil and moisture conservation, and management of fish and wildlife including hunting and fishing and control of predators. The Secretary shall permit hunting and fishing on lands and waters under the jurisdiction within the boundaries of the recreation area in accordance with the applicable laws of the United States and the State of California, except that the Secretary may designate zones where, and establish periods when, no hunting or fishing shall be permitted for reasons of public safety, administration, fish and wildlife management, or public use and enjoyment. Except in emergencies, any regulations of the Secretary pursuant to this section shall be put into effect only after consultation with the appropriate State fish and game department. (9) to issue such regulations and to do such other things as the Secretary deems necessary and desirable to carry out the terms of this Act. SEC. 6. (a) Subject to valid existing rights, nothing in this Act shall affect the applicability of the United States mining laws on the federally owned lands within the Area, except that all prospecting commenced or conducted and all mining claims located after the effective date of this Act shall be subject to such reasonable regulations as the Secretary may prescribe to effectuate the purposes of this Act. Any patent issued on any mining claim located after the effective date of this Act shall recite this limitation and continue to be subject to such regulations. All such regulations shall provide, among other things, for such measures as may be reasonable to protect the scenic and esthetic values of the Area against undue impairment and to assure against pollution of the streams and waters within the Area. (b) Nothing in this section shall be construed to limit or restrict rights of the owner or owners of any existing valid mining claim. SEC. 7. Except as may otherwise be provided in this Act, the public lands within the area shall be administered by the Secretary under any authority available to him for the conservation, development, and management of natural resources on public lands in California withdrawn by Executive Order Numbered 6910, dated November 26, 1934, to the extent that he finds such authority will further the purposes of this Act. SEC. 8. The objectives of Executive Order Numbered 5287, dated December 10, 1929, which withdraw certain public lands for classification, having been accomplished by the enactment of this Act, that Executive order is hereby revoked effective as of the date the Secretary establishes the area. SEC. 9. (a) The survey and investigation area referred to in the first section of this Act is described as follows: MOUNT DIABLO MERIDIAN, CALIFORNIA

Township 24 north, range 19 west, sections 4 and 5. HUMBOLDT MERIDIAN, CALIFORNIA

Township 5 south, range 1 east, all sections in township. Township 5 south, range 2 east, section 6, lots 4 through 9; 16 through 2 1; and 24 through 26; section 7, lots 2 through 7; 10 through 15; section 18, lots 1 through 16; section 19, lots 1 through 16; southwest quarter northeast quarter and west half southeast quarter and sections 30 and 31; section 32, southwest quarter northeast quarter; south half northwest quarter; northwest quarter northwest quarter; southwest quarter and west half southeast quarter. /

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PUBLIC LAW 91-477-OCT. 21, 1970

Township 4 south, range 1 west, all sections in township. Township 4 sonth, range 1 east; section 4, south half; south half northeast quarter and south half northwest quarter; sections 5 through 9; 15 through 23; section 24, west half; section 25, west half; sections 26 through 35; section 36, lots 3 through 5 and 8 through 11 and southeast quarter. Township 4 south, range 2 east, section 31, west half southeast quarter and southwest quarter. Township 3 south, range 2 west, section 12, southeast quarter southeast quarter; sections 13 through 16 and 22 through 25. Township 3 south, range 1 west, section 9, southwest quarter southwest quarter; section 12, south half southeast quarter and south half southwest quarter; sections 13 through 36. Township 3 south, range 1 east, section 18, lots 1 through 4; section 19, lots 1 and 2, southwest quarter and west half southeast quarter; section 29, southwest quarter northwest quarter and west half southwest quarter; sections 30 and 31; section 32, west half. Township 2 south, range 2 west, section 31, north half of lot 2 of the southwest quarter (43.40 acres of public land withdrawn by Executive Order 5237 of Etecember 10, 1929); and 22.8 acres of acquired fee lands described by metes and bounds in section 31, township 2 south, range 2 west, and section 36, township 2 south, range 3 west; and 31.27 acres of acquired easements described by metes and bounds across certain sections in township 2 south, ranges 2 and 3 west. (b) I n addition to the lands described in subsection (a) of this section, the Secretary is authorized to acquire such land outside the area but in close proximity thereto as is necessary to facilitate sound management. Acquisition hereunder shall, however, not exceed three hundred and twenty acres and shall be limited to such purposes as headquarters facility requirements, ingress and egress routes and, where necessary, to straighten boundaries or round out acquisitions. SEC. 10. There are authorized to be appropriated such sums as may be necessary to accomplish the purposes of this Act, but not to exceed $1,500,000 for the purchase of lands and interests in lands and not to exceed $3,500,000 for the construction of improvements. Approved October 21, 1970.

1071

Additional land acquisition. Limitation.

Appropriati(3n.

Public Law 91-477 AN ACT

October 21, 1970

To amend the International Travel Act of 1961, as amended, in order to improve the balance of payments by further promoting travel to the United States, and for other purposes.

[H. R. 14685]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That section 3 of the International Travel Act of 1961 (75 Stat. 129; 22 U.S.C. 2121-2126) is amended by changing the period at the end of clause 4 of subsection (a) to a semicolon, and by inserting after such clause the following: "(5) upon the application of any State or political subdivision or combination thereof, or private or public nonprofit organization or association, may make grants for projects designed to carry out the purposes of this Act if he finds that-such projects will facilitate and encourage travel to any State or political subdivision or combination thereof by residents of foreign countries. No financial assistance will be made available under this clause unless the Secretary determines that matching funds will be available from State or other non-Federal sources and in no event will the amount of any grant under this clause for any project exceed 50 per

International T r a v e l Act of 1961, amendment. Tourism to U. S., promotion.

Matching funds.

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 oval preabdomen and narrow taillike postabdomen, anteriorly longest series of endognathites, curved telson and other features, this genus bears marks of a peculiar aberrant type that apparently left no successors.

Any inquiry into the zoological position of the eurypterids must be based on that of Limulus since there is little doubt in the minds of paleontologists of the close relationship between the eurypterids and the king crab. In fact, all recent investigations and discoveries of eurypterids have only served to bring out new homologies of structure between the two groups. Nieszkowski, Hall and Woodward among the earlier writers on eurypterids clearly recognized and distinctly pointed out the numerous homologies and united the eurypterids and xiphosurans. They were especially successful in correlating the segments and the appendages of the cephalothorax. Later Schmidt and Laurie established the fact that the Eurypterida had four pairs of platelike abdominal appendages that bear the branchiae on their posterior surfaces and constitute another important homology with Limulus. Finally Laurie and Holm indicated as a further common structure the existence of preoral appendages in the eurypterids. Holm especially demonstrated this close relationship with the limulids, by the description of a number of finer details of organization: the occurrence of epicoxae in the second to fourth endognathites, the presence of a circular hole spanned by a thin membrane in the coxa of the fourth endognathite. We believe we have added to this array of evidence some further important details in identity of structure of the compound eye of Pterygotus and that of Limulus, and of the general parallelism in the ontogeny of the eurypterids and Limulus. The former argument is considered of especial significance as the eye of Limulus has been shown by Watase and others to be of a type of structure entirely peculiar. In the chapter on ontogeny we have not expressly pointed out the similarities and differences in the individual development of the eurypterids and


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 1072

Contract authority.

Recordkeeping.

Audit.

U. S. Travel Service; A s s i s t * ant Secretary of Commerce for Tourism, appointment.

81 Stat. 198; 83 Stat. 863. Appropriations. 75 Stat. 130. 22 USC 2126.

82 Stat. 1243, 1305. 22 USC 2121 note. "United States. "State."

PUBLIC LAW 91-477-OCT. 21, 1970

[84 STAT.

centum of the cost of such project. The Secretary is authorized to establish such policies, standards, criteria, and procedures and to prescribe such rules and r e f l a t i o n s as he may deem necessary or appropriate for the administration of this clause; " (6) may enter into contracts with private profit- or non-profitmaking individuals, businesses, and organizations for projects designed to carry out the purposes of this Act whenever he determines that such projects cannot be accomplished under the authority of clause (5) of this subsection; and "(7) may make awards of merchandise manufactured and purchased in the United States to travel agents and tour operators in foreign countries as an incentive for their promotion of travel to the United States by residents of foreign countries. The Secretary is authorized to establish such policies, standards, criteria, and procedures as he may deem necessary or appropriate for the administration of this clause." SEC. 2. Section 3 of such Act (22 U.S.C. 2123) is amended by adding at the end thereof the following new subsections: "(c) Each recipient of assistance under clause (5) of subsection (a) of this section shall keep such records as the Secretary shall prescribe, including records which fully disclose the amount and disposition by such recipient of the proceeds of such assistance, the total cost of the project or undertaking in connection with which such assistance is given or used, and the amount of that portion of the cost of the project or undertaking supplied by other sources, and such other records as will facilitate an effective audit. " (d) The Secretary and the Comptroller General of the United States, or any of their duly authorized representatives shall have access for the purpose of audit and examination to any books, documents, papers, and records of the recipients that are pertinent to the assistance received under clause (5) of subsection (a) of this section." SEC. 3. (a) Section 4 of such Act (22 U.S.C. 2124) is amended to read as follows: "SEC. 4. There is established in the Department of Commerce a United States Travel Service which shall be headed by an Assistant Secretary of Commerce for Tourism who shall be appointed by the President, by and with the advice and consent of the Senate, and who shall report directly to the Secretary. All the duties and responsibilities of the Secretary under this Act shall be exercised directly by the Secretary or by the Secretary through the Assistant Secretary of Commerce for Tourism. I n addition, the Secretary shall designate at least one individual to serve as Deputy Assistant Secretary of Commerce for Tourism who shall be under the supervision of the Assistant Secretary of Commerce for Tourism." (b) Paragraph (12) of section 5315 of title 5, United States Code (relating to level IV of the Executive Schedule), is amended by striking out " (5) " and inserting in lieu thereof " (6) ". SEC. 4. Section 6 of such Act is amended to read as follows: "SEC. 6. For the purpose of carrying out the provisions of this Act, there is authorized to be appropriated not to exceed $15,000,000 for each of the fiscal years ending June 30, 1971, June 30, 1972, and June 30, 1973. Funds appropriated under this section shall be available without regard to the provisions of section 501 and 3702 of title 44 of the United States Code. Funds appropriated under this section for printing of travel promotion materials are authorized to be made available for two fiscal years." SEC. 5. Section 7 of such Act is renumbered "SEC. 8." and a new section 7 is inserted to read as follows: "SEC. 7. As used in this Act, the term 'United States' and the term 'State' are defined to include the District of Columbia, the Common-

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PUBLIC LAW 91-477-OCT. 21, 1970

wealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Trust Territory of the Pacific Islands." SEC. 6. (a) There is established a commission to be known as the National Tourism Resources Review Commission (hereafter in this section referred to as the "Commission") composed of fifteen members as follows: (1) One representative of the Department of Commerce designated by the Secretary of Commerce. (2) One representative of the Department of the Interior designated by the Secretary of the Interior. (3) One representative of the Department of State designated by the Secretary of State. (4) One representative of the Department of Transportation designated by the Secretary of Transportation. (5) Eleven individuals appointed by the President from private life who are informed about and concerned with the improvement, development, and promotion of United States tourism resources and opportunities or who are otherwise experienced in tourism research, promotion, or planning. The President shall designate one of the individuals appointed by him to serve as Chairman of the Commission. (b) The Commission shall make a full and complete study and investigation for the purpose of— (1) determining the domestic travel needs of the people of the United States and of visitors from other countries at the present time and to the year 1980; (2) determining the travel resources of the United States available to satisfy such needs now and to the year 1980; (3) determining policies and programs which will insure that the domestic travel needs of the present and the future are adequately and efficiently met; (4) determining a recommended program of Federal assistance to the States in promoting domestic travel; and (5) determining whether a separate agency of the Government should be established, or whether an existing department, agency, or instrumentality within the Government should be designated, to consolidate and coordinate tourism research, planning, and development activities presently performed by different existing agencies of the Government. The Commission shall submit a comprehensive report of its activities and the results of such study and investigation, together with its recommendations with respect thereto, to the President and to the Congress not later than two years after the first meeting of the Commission. The Commission shall cease to exist sixty days after the date of the submission of its comprehensive report. The comprehensive report of the Commission shall propose such legislative enactments and administrative actions as in its judgment are necessary to carry out its recommendations. (c) The Secretary of Commerce shall make available to the Commission such secretarial, clericalj and other assistance as the Commission may require to carry out its functions under this section. The Commission is authorized to request from any department, agency, or independent instrumentality of the Government any information and assistance it deems necessary to carry out its functions under this section; and each such department, agency, and instrumentality is authorized to cooperate with the Commission and, to the extent permitted by law, to furnish such information and assistance to the Commission upon request made by its Chairman. (d) I n order to carry out the provisions of this section, the Commission is authorized—

National Totirism Resources Review Commission, establishment.

Study.

Report to President and Congress.

Termination.

Clerical aseist-

Agency cooperation.

Powers.

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80 Stat. 4 1 6.

80 Stat. 499; 83 Stat. 190.

Appropriation.

PUBLIC LAW 91-478-OCT. 21, 1970

[84

STAT.

(1) to make, promulgate, issue, rescind, and amend rules and regulations governing the manner of the operations of the Commission; (2) to appoint and fix the compensation of such officers and employees as are necessary to carry out the provisions of this section and to prescribe their authority and duties; and (3) to obtain the services of experts and consultants in accordance with section 3109 of title 5, United States Code. (e)(1) Members of the Commission from private life, while engaged in the performance of their duties as members of the Commission, shall receive compensation at a rate to be fixed by the President, not to exceed $100 each day, including traveltime, and shall, while so serving away from their homes or regular places of business, be entitled to travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5, United States Code, for persons in the Government service employed intermittently. (2) Members of the Commission who are officers or employees of the United States shall serve without additional compensation, but shall be entitled to travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5, United States Code, for persons in the Government service employed intermittently. (f) There are authorized to be appropriated such sums, not to exceed $750,000, as may be necessary to carry out the provisions of this section. Approved October 21, 1970.

Public Law 91-478 October 21, 1970 [H. R. 15624]

AN ACT To convey certain federally owned land to the Cherokee Tribe of Oklahoma.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That ujpon payment Land conveyance, by the Cherokee Tribe of Oklahoma, as provided in section 2 of this Act, all the right, title, and interest of the United States in that part of the northwest quarter northeast quarter and southwest quarter northeast quarter lying south of United States Highway Numbered 62, section 20, township 16 north, range 22 east, Indian meridian, Oklahoma, comprising 38.5 acres more or less, heretofore acquired for school purposes, shall vest in the Cherokee Indian Tribe of Oklahoma, and such land shall not be subject to any exemption from taxation, or restrictions on use, management, or disposition because of Indian ownership. Payment to U.S. SEC. 2. I n full consideration for the transfer of title, the Cherokee Tribe of Oklahoma shall pay the United States $2,258,80, payment to be made to the Secretary of the Interior within ninety days after this Act is approved and deposited in the general fund of the United States Treasury. Claims offset SEC. 3. The Indian Claims Commission is directed to determine in a g a i n s t U.S. accordance with the provisions of the Act of August 13, 1946 (60 Stat. 25 USC 70a. 1050), the extent to which the value of the title conveyed by this Act as of August 20, 1964, less the payment of $2,258.80 as provided in section 2, should or should not be set off against any claim the United States determined by the Commission. Approved October 21, 1970. Cherokee Tribe of Oklahoma

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1075

Public Law 91-479 AN ACT To establish in the State of Michigan the Sleeping Bear Dunes National Lakeshore, and for other purposes.

October 21, 1970 [H. R. 1877(5]

Be it enacted by the Senate and House of Representatives of the Sleeping B e a United States of America in Congress assembled, That (a) the Con- Dunes National gress finds that certain outstanding natural features, including forests, L a k e s h o r e, Mich. beaches, dune formations, and ancient glacial phenomena, exist along the mainland shore of Lake Michigan and on certain nearby islands in Benzie and Leelanau" Counties, Michigan, and that such features ought to be preserved in their natural setting and protected from developments and uses which would destroy the scenic beauty and natural character of the area. I n order to accomplish this purpose for the benefit, inspiration, education, recreation, and enjoyment of the public, the Secretary of the Interior (hereinafter referred to as the "Secretary") is authorized to take appropriate action, as herein provided, to establish in the State of Michigan the Sleeping Bear Dunes National Lakeshore. I n carrying out the provisions of this Act, the Secretary shall administer and protect the Sleeping Bear Dunes National Lakeshore in a manner which provides for recreational opportunities consistent with the maximum protection of the natural environment within the area. (b) I n preserving the lakeshore and stabilizing its development, substantial reliance shall be placed on cooperation between Federal, State, and local governments to apply sound principles of land use planning and zoning. I n developing the lakeshore, full recognition shall be given to protecting the private properties for the enjoyment of the owners. SEC. 2. (a) The Sleeping Bear Dunes National Lakeshore (hereinafter referred to as the "lakeshore") shall comprise the land and water area generally depicted on the map entitled "A Proposed Sleeping Bear Dunes National Lakeshore Boundary Map", numbered NT^SBD-OljOOO and dated May 1969, which shall be on file and available for public inspection in the offices of the National Park Service of the Department of the Interior. (b) As soon as practicable after the date of enactment of this Act and following the acquisition by the Secretary of those lands owned by the State of Michigan within the boundaries of the area designated for inclusion in the lakeshore (excepting not to exceed three hundred acres in the Platte Bay area) and of such additional lands, if any, as are necessary to provide an area which in his opinion is efficiently t administrable for the purposes of this Act, he shall establish the F ePdueb lailc aRieogni sin r. r te Sleeping Bear Dunes National Lakeshore by publication of notice thereof in the Federal Register. SEC. 3. (a) Within thirty days, or as soon as possible thereafter, ublicatk)n°i^" Fedafter the effective date of this Act, the Secretary shall publish in the erai Regi°sterFederal Register a map or other description of the lakeshore delineating areas constituting the following categories: Category I, public use and development areas. Category II, environmental conservation areas. Category III, private use and development areas. (b) Lands and interests therein designated as category I may be acquired by the Secretary in accordance with section 8 of this Act. Additional map, (c) Within one hundred and fifty days after the effective date of publication in this Act, the Secretary shall publish in the Federal Register an addi- Federal R e g i s t e r. tional map or other description of those lands, if any, designated as within categories II and III for acquisition by him in fee in accordance with section 8 of this Act.

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Land acquisition, limitation.

Real property, use and development restrictions, notification.

Advisory com» mission.

Membership.

Hunting and fishing, regulations.

[84 STAT.

(d) Except as provided in subsection (f) of this section, the Secretary may, after the p^ublication provided for in subsection (c), acquire only such interests in lands designated as category II, other than those to be acquired in fee simple, as he deems appropriate to insure the continued conservation and preservation of the environmental quality of the lakeshore. (e) Except as provided in subsection (f) of this section, the Secretary may, after the publication provided for in subsection (c), acquire only such interests in lands designated as category III, other than those lands to be acquired in fee simple, as he deems appropriate to protect lands designated for acquisition. (f) Not later than one hundred and fifty days after the effective date of this Act, the Secretary shall notify owners of real property in categories II and III^ other than property designated by him for fee acquisition, of the mmimum restrictions on use and development of such property under which such property can be retained in a manner compatible with the purpose for which the lakeshore was established. If the owner of any real property in categories II and III agrees to the use and development of his property in accordance with such restrictions, the Secretary may not acquire, without the consent of such owner, such property or interests therein for so long as the property affected is used in accordance with such restrictions, unless he determines that such property is needed for public use development. The foregoing limitations on acquisition shall also apply to any owners of real property to whom the Secretary did not, within the time set forth, give such a notice, except that if any property owner has not, within ninety days of the notice agreed to use the property in accordance with the notice, then the Secretary may acquire, without limitation, fee or lesser interests in property by any of the methods set forth in section 8 of this Act: Provided, That nothing contained in subsections (d) and (e), and in this subsection, which limits the acquisition of the fee simple title to property within the lakeshore, shall prevent the Secretary from acquiring, without the consent of the owner, the fee simple title whenever in the Secretary's judgment the estimated cost of acc^uiring the lesser interest would be a substantial percentage of the estimated cost of acquiring the fee simple title. SEC. 4. (a) There is hereby established a Sleeping Bear Dunes National Lakeshore Advisory Commission. The Commission shall cease to exist ten years after the establishment of the lakeshore pursuant to section 2 of this Act. (b) The Commission shall be composed of ten members, each appointed for a term of two years by the Secretary, as follows: (1) Four members to be appointed from recommendations made by the counties in which the lakeshore is situated, two members to represent each such county; (2) Four members to be appointed from recommendations made W the Governor of the State of Michigan; and (3) Two members to be designated by the Secretary. (c) The Secretary shall designate one member to be Chairman. Any vacancy in the Commission SIIEQI be filled in the same manner in which the original appointment was made. (d) A member of the Commission shall serve without compensation as such. The Secretary is authorized to pay the expenses reasonably incurred by the Commission in carrying out its responsibilities under this Act on vouchers signed by the Chairman. (e) The Secretary or his designee shall consult with the Commission with respect to matters relating to the development of the lakeshore and with respect to the provisions of sections 9,12, and 13 of this Act. SEC. 5. I n administering the lakeshore the Secretary shall permit

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PUBLIC LAW 91-479-OCT. 21, 1970

Imnting and fishing on lands and waters under his jurisdiction in accordance with the laws of the State of Michigan and the United States applicable thereto. The Secretary, after consultation with the appropriate agency of the State of Michigan, may designate zones and establish periods where and when no hunting shall be permitted for reasons of public safety, administration, or public use and enjoyment and issue regulations, consistent w4th this section, as he may determine necessary to carry out the purposes of this section. SEC. 6. (a) The administration, protection, and development of the lakeshore shall be exercised by the Secretary, subject to the provisions of this Act and of the Act of August 25, 1916 (89 Stat. 535; 16 U.S.C. 1 et seq.), as amended and supplemented, relating to the areas administered and supervised by the Secretary through the National Park Service; except that authority otherwise available to the Secretary for the conservation and management of natural resources may h& utilized to the extent he finds such authority will further the purposes of this Act. (b) In the administration, protection, and development of the area. the Secretary shall prepare and implement a land and water use management plan, which shall include specific provisions for— (1) development of facilities to provide the benefits of public recreation; (2) protection of scenic, scientific, and historic features contributing to public enjoyment; and (3) such protection, management, and utilization of renewable natural resources as in the judgment of tihe Secretary is consistent with, and will further the purpose of, public recreation and protection of scenic, scientific, and historic features contributing to public enjoyment. (c) Within four years from the date of enactment of this Act, the Secretary of the Interior shall review the area within the Sleeping Bear Dunes National Lakeshore and shall report to the President, in accordance with subsections 3(c) and 3(d) of the Wilderness Act (78 Stat. 890; 16 U.S.C. 1132 (c) and (d), his reconrnienidation as to the suitability or nonsuitability of any area within the lakeshore for preservation as wilderness, and any designation of smy such area as a wilderness shall be accomplished in accordance with said subsections of the Wilderness Act. (d) I n developing the lakeshore the Secretary shall provide public use areas in such places and manner as he determines will not diminish the value or enjoyment for the owner or occupant of any improved property located thereon. SEC. 7. Nothing in this Act shall be construed as prohibiting any governmental jurisdiction in the State of Michigan from assessing taxes upon any interest in real estate retained under the provisions of section 10 of this Act to the owner of such interest. SEC. 8. (a) The Secretary is authorized to acquire by donation, purchase with donated or appropriated funds, transfer funds, transfer from any Federal agency, or exchange lands and interests therein for the purposes of this Act. When an individual tract of land is only partly within the area designated, the Secretary may acquire the entire tract by any of the above methods to avoid the payment of severance costs. Land so acquired outside the designated area may be exchanged by the Secretary for non-Federal lands within such area, and any portion of the land not utilized for such exchanges may be disposed of in accordance with the provisions of the Federal Property and Administrative Services Act of 1949 (63 Stat. 377), as amended (40 U.S.C. 471 et seq.).

1077

Administration,

Land and water "^^ ^^^"'

re'^ort^trpr^e^'L dent.

Tax assessments,

j,^^/"^^'"'^'""'"" °'^ ^""^ ^"^^'

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PUBLIC LAW 91-479-OCT. 21, 1970

[84 STAT.

(b) I n exercising his authority to acquire property under this Act, the Secretary shall give immediate and careful consideration to any offer made by an individual owning property within the lakeshore to sell such property to the Secretary. An individual owning property within the lakeshore may notify the Secretary that the continued ownership by such individual of that property would result in hardship to him, and the Secretary shall immediately consider such evidence and shall within one year following the submission of such notice, subject to the availability of funds, purchase such property offered for a price which does not exceed its fair market value. Federal prop(c) Any property or interests therein, owned by the State of Michierty, transfer. gan or any political subdivisions thereof, may be acquired only by donation. Notwithstanding any other provision of law, any property owned by the United States on the date of enactment of this Act located within such area may, with the concurrence of the agency having custody thereof^ be transferred without consideration to the administrative jurisdiction of the Secretary for use by him in carrying out the provisions of this Act. Acquisition by (d) With respect to that property which the Secretary is authorcondemnation. ized to acquire by condemnation under the terms of this Act, the Secretary shall initiate no condemnation proceedings until after he has made every reasonable effort to acquire such property by negotiation and purchase. The certificate of the determination by the Secretary or his designated representative that there has been compliance with the provisions of this subsection and of subsection (b) of this section shall be prima facie evidence of such compliance. (e) Nothing in this Act shall be construed to prohibit the use of condemnation as a means of acquiring a clear and marketable title, free of any and all encumbrances. Zoning bylaws. ^^^J 9 (a) The Secretary shall, at the request of any township or county in or adjacent to the lakeshore affected by this Act, assist and consult with the appropriate officers and employees of such township or county in establishing zoning bylaws for the purpose of this Act. Such assistance may include payments to the county or township for technical aid. (b) No improved property within the area designated for inclusion in the lakeshore shall be acquired by the Secretary by condemnation so long as the affected county or township has in force and applicable thereto a duly adopted, valid zoning bylaw approved by the Secretary in accordance with the provisions of subsection (d) of this section and the use of improved property is in compliance therewith. In the event that the affected county or township does not have in effect and applicable to any improved property a duly adopted, valid zoning bylaw so approved, the Secretary shall be prohibited from acquiring such property by condemnation, if the owner thereof notifies the Secretary m writing of such owner's agreement to use his property in a manner consistent with the applicable standard set forth in subsection (d) of this section, and such prohibition against condemnation shall remain in effect for so long as such property is so used. (c) If the Secretary determines that any such property referred to in subsection (b) of this section covered by any such bylaw is being used in a way which is not in substantial compliance with such bylaw, or that any such property referred to in subsection (b) with respect to which an agreement has been made is bein^ used in a manner which is not substantially consistent with such applicable standards, he shall so notify the owner of any such property m writing. Such notice shall contain a detailed statement as to why the Secretary believes that such use is not in substantial compliance with such zoning bylaw or why such use is not substantially consistent with such applicable standards, as the case may be. Any such owner shall have sixty days following the

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PUBLIC LAW 91-479~OCT. 21, 1970

1079

receipt by him of that written notification within which to discontinue the use referred to in such notification. Discontinuance of such use within such sixty-day period shall have the effect of prohibiting the Secretary from acquiring such property by condemnation by reason of such use. I n any case m which such use is not discontinued within such sixty-day period, the Secretary may, in his discretion, acquire such property by condemnation. (d) Any zoning bylaw or amendment thereto submitted to the Sec- ti^^i^rr^a''°r"t^"i retary for approval for the purposes of this Act shall be approved by °"^ °' approve.. him if such bylaw or amendment contains provisions which— (1) contribute to the effect of prohibiting the commercial and industrial use (other than a use for a commercial purpose as authorized under section 13 of this Act) of all property within the boundaries of such area which is situated within the county or township adopting such bylaw or amendment; (2) are consistent with the objectives and purposes of this Act so that, to the extent possible under Michigan law, the scenic and scientific values of the lakeshore area will be protected; (3) are designed to preserve the lakeshore character of the area by appropriate restrictions upon the burning of cover, cutting of timber (except tracts managed for sustained yield), removal of sand or gravel, and dumping, storage, or piling of refuse and other unsightly objects or other uses which would detract from the natural or traditional lakeshore scene; (4) provide that no construction, reconstruction, moving, alteration, or enlargement of any property, including improved property as defined in this Act, within the lakeshore area shall be permitted, if such construction, reconstruction, moving, alteration, or enlargement would afford less than a fifty-foot setback from all streets measured at a right angle with the street line, and a twentyfive-foot distance from all contiguous properties. Any owner or zoning authority may request the Secretary of the Interior to determine whether a proposed move, alteration, construction, reconstruction, or enlargement of any such property would subject such property to acquisition by condemnation, and the Secretary, within sixty days of the receipt of such request, shall advise the owner or zoning authority in writing whether the intended use , will subject the property to acquisition by condemnation; and (5) have the effect of providing that the Secretary shall receive notice of any variance granted under, and of any exception made to the application of, such bylaw or amendment. (e) The approval of any bylaw or amendment pursuant to subsection (d) shall not be withdrawTi or revoked by the Secretary for so long as such bylaw or amendment remains in effect as approved. Any such bylaw or amendment so approved shall not be retroactive in its application. SEC. 10. (a) Any owner or owners of improved property situated property owners, within the area designated for inclusion in the lakeshore on the date retention of u s e. of its acquisition by the Secretary may, as a condition of such acquisition, retain, for a term of not to exceed twenty-five years, or for a term ending at the death of such owner or owners, the right of use and occupancy of such property for any residential purpose which is not incompatible with the purposes of this Act or which does not impair the usefulness and attractiveness of the area designated for inclusion. The Secretary shall pay to the owner the value of the property on the date of such acquisition, less the value on such date of the right retained by the owner. Where any such owner retains a right of use and occupancy as herein provided, such right during its existence may be conveyed or leased for noncommercial residential purposes in accordance with the provisions of this section. 47-348 O - 72 - 72 (Pt. 1)

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"Improved property."

Scenic r o a d s.

Commercial property.

PUBLIC LAW 91-479-OCT. 21, 1970

[84 STAT.

(b) Any deed or other instrument used to transfer title to property, with respect to which a right of use and occupancy is retained under this section, shall provide that such property shall not be used for any purpose which is incompatible with purposes of this Act, or which impairs the usefulness and attractiveness of such area and if it should be so used, the Secretary shall have authority to terminate such right. In the event the Secretary exercises his power of termination under this subsection he shall pay to the owner of the right terminated an amount equal to the value of that portion of such right which remained unexpired on the date of such termination. SEC. 11. As used in this Act, the term "improved property" means a detached, one-family dwelling, construction of which was begun before December 31, 1964, together with so much of the land on which the dwelling is situated, such land being in the same ownership as the dwelling, as the Secretary shall designate to be reasonably necessary for the enjoyment of the dwelling for the sole purpose of noncommercial residential use, together with any structures accessory to the dwelling which are situated on the lands so designated. The amount of the land so designated shall in every case be at least three acres in area, or all of such lesser acreage as may be held in the same ownership as the dwelling, and in making such designation the Secretary shall take into account the manner of noncommercial residential use in which the dwelling and land have customarily been enjoyed: Provided., however, That the Secretary may exclude from the land so designated any beach or waters on Lake Michigan, together with so much of the land adjoining any such beach or waters, as the Secretary may deem necessary for public access thereto. If the Secretary makes such exclusion, an appropriate buffer zone shall be provided between any residence and the public access or beach. SEC. 12. I n order to facilitate visitor travel, provide scenic overlooks for public enjoyment and interpretation of the national lakeshore and related features, and in order to enhance recreational opportunities, the Secretary is authorized to construct and administer as a part of the national lakeshore scenic roads of parkway standards generally lying within the parkway zone designated on the map specified in section 2(a) of this Act. Such scenic roads shall include necessary connections, bridges, and other structural utilities. Notwithstanding any other provision of this Act, the Secretary may procure for this purpose land, or interest therein, by donation, purchase with appropriated or donated funds, or otherwise: Provided. That land and interest so procured shall not exceed one hundred and fifty acres per mile of scenic road, except that tracts may be procured in their entirety in order to avoid severances. Property so acquired in excess of the acreage limitation provided in this section may be exchanged by the Secretary for any land of approximately equal value authorized for acquisition by this Act. SEC. 13. I n any case not otherwise provided for in this Act, the Secretary shall be prohibited from condemning any commercial property used for commercial purposes in existence on December 31, 1964, so long as, in his opinion, the use thereof would further the purpose of this Act, and such use does not impair the usefulness and attractiveness of the area designated for inclusion in the lakeshore. The following uses, among others, shall be considered to be uses compatible with the purposes of this Act: Commercial farms, orchards, motels, rental cottages, camps, craft and art studios, marinas, medical, legal, architectural, and other such professional offices, and tree farms. SEC. 14. The Secretary shall furnish to any interested person requesting the same a certificate indicating, with respect to any property

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PUBLIC LAW 91-481-OCT. 21, 1970

which the Secretary lias been prohibited from acquiring by condemnation in accordance with provisions of this Act, that such authority is prohibited and the reasons therefor. SEC. 15. There are authorized to be appropriated not more than $19,800,000 for the acquisition of lands and interests in lands and not more than $18,769,000 (June 1970 prices) for development, plus or minus such amounts, if any, as may be justified by reason of ordinary fluctuations in construction costs as indicated by engineering cost indices applicable to the type of construction involved herein. Approved October 21, 1970.

1081

Appropriation.

Public Law 91-480 AN ACT To revise the per diem allowance authorized for members of the American Biattle Monuments Commission when in a travel status.

October 21, 1970 [ H. R. 18731]

Be it enacted by the SeTiate and House of Representatives of the United States of America in Congress assembled, That the second American Battle paragraph of the first section of the Act entitled "An Act for the crea- m°s8U)n"membM8. tion of an American Battle Monuments Commission to erect suitable p^r diem aiiowmemorials commemorating the services of the American soldier in ""'^*' ^'^^'^^^^' Europe, and for other purposes," approved March 4, 1923 (42 Stat. 1509, as amended by the Act of July 25, 1956, 70 Stat. 640; 36 U.S.C. 121), is amended to read as follows: "The members of the Commission shall serve as such without compensation, except that (1) their actual expenses in connection with the work of the Commission, (2) when in a travel status outside the continental United States, a per diem of $40 in lieu of subsistence, and (3) when in a travel status within the continental United States, a per diem at the same rate authorized to be paid under section 5703(c)(1) of title 5, United States Code, may be paid to them from any funds 80 Stat. 499; appropriated for the purposes of this Act, or acquired by other means 83 Stat. 190. hereinafter authorized." Approved October 21, 1970.

Public Law 91-481 AN ACT

To authorize subsistence, without charge, to certain air evacuation patients.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That subchapter I of chapter 57 of title 5, United States Code, is amended as follows: (1) By adding the following new section: '^§5709. Air evacuation patients: furnished subsistence "Notwithstanding any other provision of law, and under regulations prescribed under section 5707 of this title, an employee and his dependents may be furnished subsistence without charge while being evacuated as a patient by military aircraft of the United States." (2) By adding the following new item at the end of the analysis:

October 21, 1970

[H. R. 9654] ^ Air evacuation patients. Subsistence. 80 Stat. 498; 83 Stat. 190. 5 USC 57015708.

"5709. Air evacuation patients: furnished subsistence."

SEC. 2. Chapter 55 of title 10, United States Code, is amended as follows: (1) By adding the following new section:

72 Stat. 1445; 80 Stat. 866. 10 USC 10711087.

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PUBLIC LAW 91-482-OC T. 21, 1970

[84 STAT.

" § 1088. A i r e v a c u a t i o n p a t i e n t s: furnish e d s u b s i s t e n c e " Notwithstanding any other provision of law, and under regulat i o n s to be prescribed by the Secretary concerned, a person entitled to medical and d e n t a l c a r e under t h i s chapter may be furnish e d subsistence w i t h o u t c h a r g e while b e i n g evacuated as a p a t i e n t by m i l i t a r y a i r c r a f t of the United States. " (2) By a d d i n g the following n e w item a t the end of the a n a l y s i s: "1088. Air evacuation patients: furnished subsistence." A p p r o v e d October 21, 1970. ,

P u b l i c Law 91-482

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AN ACT October 21, 1970

[H.R. 15112]

To repeal several obsolete sections of title 10, United States Code, and section 208 of title 37, United States Code. Be it enacted by the Senate and House of Representatives of the Titles 10 and United States of America in Congress assembled, That (a) sections ^^6b^soiete ptol 4539, 4623, 5981, 6159, and 6406 of title 10, United States Code, a r e visions, repeal. hereby repealed, and (b) section 208 of title 37, United States Code, 4i5°^7fs^tat?m; is hereby repealed. 76 Stat. 461! ' SEC. 2. A. The analysis of chapter 433 of title 10, United States Code, is amended by striking out the following: "4539. Horses and mules." B. The analysis of chapter 439 of title 10, United States Code, is amended by striking out the following: "4623. Tobacco: enlisted members of Army." C. The analysis of chapter 553 of title 10, United States Code, is amended by striking out the following: "5981. Squadrons: detail of oflScers on active duty to command." D. The analysis of chapter 561 of title 10, United States Code, is amended by striking out the following: "6159. Half rating to disabled naval enlisted personnel serving twenty years." E. The analysis of chapter 573 of title 10, United States Code, is amended by striking out the following: "6406. Regular Navy and Regular Marine Corps; officers: furlough; furlough pay." F. The a n a l y s i s of chapter 3 of title 37, United States Code, is amended by striking out the following: "208. Furlough pay: officers of Regular Navy or Regular Marine Corps." tiJua^ion^'ro-"" vision.

^^^- ^- Notwithstanding the first section of t h i s Act, a person who is entitled to a pension under section 6159 of title 10, United States Code, on the d a y before the date of enactment of t h i s Act shall continue to be entitled to that pension on and after that date of e n a c t m e n t. A p p r o v e d October 2 1, 197U.

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 84 STAT. ]

1083

PUBLIC LAW 91-484-OCT. 21, 1970

Public Law 91-483 AN ACT October 21, 1970 [H. R. 4172] To authorize the Secretary of the Interior to provide financial assistance for development and operation costs of the Ice Age National Scientific Reserve in the State of Wisconsin, and for other purposes.

Be it enacted, by the Senate and Hotise of Repremntative^ of the United States of America in Congress assembled. That the Act of October 13, 1964 (78 Stat. 1087) is amended as follows: (1) Section 3 is repealed. (2) Section 4 is amended by deleting everything after the word "nonprofit'' and inserting the word "corporation."'. (3) Section 5 is amended to read as follows: "SEC. 5. (a) The Secretary is authorized to provide technical assistance to the State of Wisconsin for planning and development of the reserve in accordance with the comprehensive plan. " (b) I n addition to grants made pursuant to the Land and Water Conservation Fund Act of 1965 (78 Stat. 897; 16 U.S.C. 4601-8), the Secretary is authorized to make grants of not to exceed 25 per centum of the actual cost of each development project within the reserve in accordance with the comprehensive p l a n: Provided, That the maximum amount of such grants for all projects shall not exceed $425,000. "(c) The Secretary, pursuant to an agreement with the State of Wisconsin, may pay up to 50 per centum of the annual costs of management, protection, maintenance, and rehabilitation of the reserve. " (d) Whenever the Secretary determines that appropriate management and protection set dovm in the comprehensive plan are not being afforded the nationally si^ificant values within the reserve or that funds are not being provided on the prescribed matching basis by the State of Wisconsin or other non-Federal sources, he may terminate contributions under this Act." (4) Section 6 is repealed. Approved October 21, 1970.

Ice Age National Scientific Restsrve. Financial assistance. 16 USC 469d469i. Repeal.

Contributions, termination.

Repeal.

Public Law 91-484 AN ACT October 21, 1970 [H.R. 16732] To amend title 37, United States Code, to provide that enlisted members of a uniformed service who accept appointments as officers shall not receive less than the pay and allowances to which they were previously entitled by virtue of their enlisted status.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That chapter 17 of title 37, United States Code, is amended— (1) by adding the following new section: "§907. Enlisted members appointed as officers; pay and allowances stabilized "An enlisted member who accepts a permanent or temporary appointment as an officer in a regular or reserve component of a uniformed service shall, following his appointment, be paid the greater of— "(1) the pay and allowances to which, immediately prior to his appointment, he was entitled as an enlisted member, including—

Uniformed services. Officer appointments, pay and allowances. 76 Stat. 486. 37 USC 901906.

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Page:United States Statutes at Large Volume 84 Part 1.djvu/1142

 1084

76 Stat. 477.

PUBLIC LAW 91-485-OCT. 22, 1970

[84 STAT.

" (A) proficiency pay to which he would be entitled had he not been appointed as an officer; and " (B) clothing allowance, except when such member is eligible for payment of a uniform allowance as provided in section 415 of this title; or "(2) the pay and allowances to which he thereafter becomes entitled as an officer. However, proficiency pay, incentive pa^ for hazardous duty, special pay for diving duty, and sea and foreign duty pay may be used in calculating the amount of his former pay and allowances only for so lon^ as the member continues to perform the duty and would be eligible to receive payment had he remained in his former status"; and (2) by adding the following new item to the analysis: "907. Enlisted memibers appointed as oflScers: pay and allowances stabilized." Approved October 21, 1970.

Public Law 91-485 October 22, 1970

[S.1708]

Federal lands for parks and recreation. 82 Stat. 355. 16 USC 460/-5.

Disposals by Secretary of Interior. 63 Stat. 387.

^^

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To amend the T^nd and Water Conservation Fund Act of 1965, as amended, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That subsection 2(c) of the Land and Water Conservation Fund Act of 1965 (16 U.S.G. 4601-5 (c)) is amended as follows: (a) I n clause (1), strike out "five fiscal years beginning July 1, 1968, and ending June 30, 1973" and insert "fiscal years 1968, 1969, and 1970, and not less than $300,000,000 for each fiscal year thereafter through June 30, 1989." (b) In clause (2), after "$200,000,000" insert "or $300,000,000" and after "for each of such fiscal years," insert "as provided in clause (1),". SEC. 2. Section 203 of the Federal Property and Administrative Services Act of 1949, as amended (40 U.S.C. 484), is further amended by redesignating section 203(k)(2) as section 203(k)(3), and by adding a new section 203(k)(2) as follows: " (k)(2) Under such regulations as he may prescribe, the Administrator is authorized, in his discretion, to assign to the Secretary of the Interior for disposal, such surplus real property, including buildings, fixtures, and equipment situated thereon, as is recommended by the Secretary of the Interior as needed for use as a public park or recreation area. " (A) Subject to the disapproval of the Administrator within thirty days after notice to him by the Secretary of the Interior of a proposed transfer of property for public park or public recreational use, the Secretary of the Interior, through such officers or employees of the Department of the Interior as he may designate, may sell or lease such real property, including buildings, fixtures, and equipment situated thereon, for public park or public recreational purposes to any State, political subdivision, instrumentalities thereof, or municipality. " (B) I n fixing the sale or lease value of property to be disposed of under subparagraph (A) of this paragraph, the Secretary of the Interior shall take into consideration any benefit which has accrued or may accrue to the United States from the use of such property by any such State, political subdivision, instrumentality, or muncipality.

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PUBLIC LAW 91-486~OCT. 22, 1970

1085

" (C) The deed of conveyance of any surplus real property disposed veyance°/''°"" of under the provisions of this subsection— " (i) shall provide that all such property shall be used and Title, reversion. maintained for the purpose for which it was conveyed in perpetuity, and that in the event that such property ceases to be used or maintained for such purpose during such period, all or any portion of such property shall in its then existing condition, at the option of the United States, revert to the Unitea States; and "(ii) may contain such additional terms, reservations, restrictions, and conditions as may be determined by the Secretary of the Interior to be necessary to safeguard the interests of the United ,, States. " (D) 'States' as used in this subsection includes the District of " States. " Columbia, the Commonwealth of Puerto Rico, and the territories and possessions of the United States." Surplus propSEC. 3. The first sentence of subsection (n) of section 203 of the erty. State use. Federal Property and Administrative Services Act of 1949, as amended (40 U S. C. 484(n)), is amended by striking " (k) " and sub- 70 Stat. 494. stituting " (k)(1) " in lieu thereof. SEC. 4. Subsection (o) of section 203 of the Federal Property and 69 Stat. 84, Administrative Services Act of 1949, as amended (40 U.S.C. 484(o)), 430; 79 Stat. 1312. is amended to read as follows: "(o) The Secretary of Health, Education, and Welfare, with Reports to respect to personal property donated under subsection (j) of this ^°"^''*^^' section, and the head of each executive agency disposing of real property under subsection (k) of this section shall submit during the calendar quarter following the close of each fiscal year a report to the Senate (or to the Secretary of the Senate if the Senate is not in session) and to the House of Representatives (or to the Clerk of the House if the House is not in session) showing the acquisition cost of all personal property so donated and of all real property so disposed of during the preceding fiscal year." SEC. 5. Section 13(h) of the Surplus Property Act of 1944 (50 62 Stat. 350. U.S.C. App. 1622(h)) is amended by— (1) striking out the phrase "public park, public recreational area, or" in paragraph (1) thereof; and (2) striking out the first full sentence of paragraph (2) thereof. Approved October 22, 1970.

Public Law 91-486 AN ACT To amend stn-tion 45 of title 87, United States Code, relating to cost-of-living allowances for members of the uniformed services on duty outside the United States or in H a w a i i or Alaska.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the text of section 405 of title 37, United States Code, is amended by adding the following additional language at the end thereof: "A station housing allowance may be prescribed under this section without regard to costs other than housing costs and may consist of the difference between basic allowance for quarters and applicable housing cost. Housing cost and allowance may be disregarded in prescribing a station cost of living allowance under this section." Approved October 22, 1970.

October 22, 1970 [H.R. 14322]

Uniformed services. Station housing allowance. 76 Stat. 473.

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 1086

PUBLIC LAW 91-487-OCT. 22, 1970

[84 STAT.

Public Law 91-487 October 22, 1970 [H.R. 11876]

Armed Forces. Expenses incident to death. 70A Stat. 113; 72 Stat. 708.

AN ACT To amend section 1482 of title 10, United States Code, to authorize the payment of certain expenses incident to the death of members of the armed forces in which no remains are recovered.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 1482 of title 10, United States Code, is amended by adding the following new subsection: "(e) When the remains of a decedent covered by section 1481 of this title, whose death occurs after January 1, 1961, are determined to be nonrecoverable, the person who would have been designated under subsection (c) to direct disposition of the remains if they had been recovered may be— "(1) presented with a flag of the United States; however, if the person designated by subsection (c) is other than a parent of the deceased member, a flag of equal size may also be presented to the parents, and "(2) reimbursed by the Secretary concerned for the necessary expenses of a memorial service. However, the amount of the reimburs:»iment shall be determined in the manner prescribed in subsection (b) for an interment, but may not be larger than that authorized when the United States provides the grave site. A claim for reimbursement under this subsection rnay be allowed only if it is presented within two years after the effective date of this subsection, or the date of death, whichever is later." Approved October 22, 1970.

Public Law 91-488 October 22, 1970 [H.R. 13307]

D. C. Adoption consent. 77 Stat. 538.

AN ACT To amend chapter 3 of title 16 of the District of Columbia Code to change the requirement of consent to the adoption of a person under twenty-one years of age.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That subparagraph (C) of subsection (b)(2) of section 16-304 of title 16 of the District of Columbia Code is amended by striking out "according to the laws of any jurisdiction" and inserting in lieu thereof "according to the laws of the District of Columbia". Approved October 22, 1970.

Public Law 91-489 October 22, 1970 [H. R. 9311]

Makah Indian Tribe, Wash. Lands in trust.

AN ACT To declare that certain lands shall be held by the United States in trust for the Makah Indian Tribe, Washington.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That approximately seven hundred and nineteen acres of land, which were set apart by Executive order of April 12, 1893, as a reservation for certain Ozette Indians, are hereby declared to be held by the United States in trust for the use and benefit of the Makah Indian Tribe, Washington. Approved October 22, 1970.

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PUBLIC LAW 91-490-OCT. 22, 1970

1087

Public Law 91-490 AN ACT

To authorize voluntary admission of patients to the District of Columbia institution providing care, education, and treatment of substantially retarded persons.

October 22, 1970

[H. R. 4182]

Be it enacted by the Senate and House of Representatives of the United States of Am£7ica in Congress assewMed, institution for SECTION 1. The first four sections of the Act entitled "An Act to pro- retarded, voiunvide for commitments to, maintenance in, and discharges from the ^^^^ admission. District Training School, and for other purposes", approved March 3, 1925, is amended as follows: Stat. 1135. (1) The first section of such Act (D.C. Code, sec, 32^601) is 43. C. Code 3 2 D amended— 602. (A) by striking out "feeble-minded" and inserting "substantially retarded", (B) by striking out "Board" and inserting "Department", and (C) by striking out "The District Training School" and Forest Haven. inserting "Forest Haven". "Subs nti (2) Section 2 of such Act (D.C. Code, sec. 32-603) is amended to retardedt aper-a l l y read as follows: "SEC. 2. For the purposes of this Act, the term 'substantially retarded persons' means persons afflicted with mental defectiveness from birth or from an early age, so pronounced that they are incapable of managing themselves and their affairs, and who require supervision, control, and care for their own welfare, for the welfare of others, or for the welfare of the community, and who are not insane nor of unsound mind to such an extent as to require their commitment to a hospital for the mentally ill." 44 Stat. 2 0 8. (3) Section 3 of such Act (D.C. Code, sec. 32-604) is amended— (A) by striking out "Board" and inserting "Department", (B) by striking out "inmates" and inserting "patients", and (C) by striking out "board" each place it appears and inserting "Department". (4) Section 4 of such Act (D.C. Code, sec. 32-605) is amended— (A) by striking out "Board" and inserting "Department", (B) by striking out "feeble-minded" and inserting "substantially retarded", and (C) by striking out "board" and inserting "Department". SEC. 2. (a) Chapter 11 of title 21 of the District of Columbia Code 79 Stat. 7 6 6. D.. (relating to commitment and maintenance of feeble-minded persons) 1101CtoCode 2 1 21-1123 is amended as follows: (1) Such chapter is amended by striking out "feeble-minded" each place it appears in sections 21-1102 through 21-1108,21-1110,21-1111, 21-1113 through 21-1115, 21-1118, and 21-1123 and inserting in each Ante, p. 5 6 8. such place in those sections "substantially retarded". (2) Such chapter is amended by striking out "the District Training School" each place it appears in sections 21-1102, 21-1108 through 21-1113, 21-1116, and 21-1118 through 21-1122 and inserting in each such place in those sections "Forest Haven". (3)(A) Such chapter is amended by inserting after section 2 1 1108 the following new section: "§ 21-1108A. Voluntary admission to Forest Haven " (a) The Director of Public Welfare (hereinafter in this section referred to as the 'Director') may admit a person to Forest Haven as a patient under this section only if— "(1) such person is certified by the Director of Public Health to be substantially retarded and in need of care at Forest Haven; ^'(2) such person either by himself, his parents, his spouse, or

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 1088

Release.

79 Stat. 766; An e, p. 1087. Discharge.

Payment con-

tract.

PUBLIC LAW 91-490-OCT. 22, 1970

[84 STAT.

his legal guardian makes written application for admission to Forest Haven; and " (3) any contract required by subsection (d) has been executed. ^^ (h) Any persou admitted to Forest Haven pursuant to subsection (a) of this section shall be released therefrom no later than five days after receipt by the Superintendent of Forest Haven of a written request for release, except that if within such five-day period a petition conccming such person, as provided by section 21-1103, is filed in the United States District Court for the District of Columbia, such person shall be detained until a final judgment is entered by the court upon such petition. «((.^ 'pjjg Dircctor may discharge any patient of Forest Haven admitted under this section if the Director is satisfied that such discharge will not adversely affect the welfare or interests of the person, the community, or others. u^^j) (^) j f ^^ Director finds that any person with respect to whom an application for admission to Forest Haven has been made, as provided m this section, or any parent, spouse, adult child, or legal guardian of such person, is able to pay all or any part of the cost of maintenance and care of such person, the Director shall not admit such person unless a contract for payment, satisfactory to the Director, is executed by such person, parent, spouse, adult child, or legal guardian. "(2) The Director is authorized to enter into any agreement he deems necessary with any applicant to become a patient^ in Forest Haven, or with his parent, spouse, adult child, or legal guardian, for payment to the District of Columbia of all or part of the cost of such maintenance and care. Upon default of payment provided by any contract entered into under this section, the Director is authorized to discharge the patient of Forest Haven with respect to whose cost of maintenance and care the contract was entered into, and, in addition, he may utilize the procedures provided for in sections 21-1110 and 21-1111 to secure payment. "(e) The District of Columbia Council is authorized to issue regulations to carry out the purposes of this section. " (f) The authority contained in this section shall extend to January 1, 1975, unless repealed prior to that date." (B) The table of sections for such chapter is amended by inserting after the item relating to section 21-1108 the following: "21-1108A. Voluntary admission to Forest Haven."

42 Stat. 1360. Ante, p. 1087.

7 9 Stat. 76 9.

(4) Section 21-1101 is amended to read as follows: "§21-1101. Definitions " For purposes of this chapter— " Torest Haven' means the institution established pursuant to section 32-601, and designated 'Forest Haven' by section 32-602, or any successor to that institution; and " 'substantially retarded person' means any person afflicted with mental defectiveness from birth or from an early age, so pronounced that he is incapable of managing himself and his affairs, and who requires supervision, control, and care for his own welfare, for the welfare of others, or for the welfare of the community, and who is not insane nor of unsound mind to such an extent as to require his commitment to a hospital for the mentally ill." (5) The first sentence of section 21-1110 is amended by inserting immediately after "as a public patient" the following: "or when a person is admitted to Forest Haven as a patient under section 21-1108A".

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PUBLIC LAW 91-491-OCT. 22, 1970

(6) The first sentence of section 21-1111 is amended by striking out "and finds" and inserting "or when a person is admitted to Forest Haven as a patient under section 21-1108A, and the court finds". (Y) Section 21-1117 is amended by striking out "in feeble-mindedness" and inserting "initiated by a petition filed under section 21-1103". (8) Section 21-1121 is amended by striking out "and inmate" and inserting "a patient". (9) The section heading for section 21-1102 and the item relating to such section in the table of sections for such chapter is amended by striking out "District Training School" and inserting "Forest Haven". (10) The section heading for section 21-1103 and the item relating to such section in the table of sections for such chapter is amended by striking out "feeble-mindedness" and inserting "substantial retardation". (11) The section heading for section 21-1108 and the item relating to such section in the table of sections for such chapter is amended by striking out "District Training School" and inserting "Forest Haven". (12) The section heading for section 21-1114 and the item relating to such section in the table of sections for such chapter is amended by striking out "feeble-minded" and inserting "substantially retarded." (13) The section heading for section 21-1117 and the item relating to such section in the table of sections for such chapter is amended by striking out "of feeble-minded cases" and inserting "of cases brought under section 21-1103". (14) The section heading for section 21-1118 and the item relating to such section in the table of sections for such chapter is amended by striking out "feeble-minded" and inserting "substantially retarded". (15) The section heading for section 21-1121 and the item relating to such section in the table of sections for such chapter is amended by striking out "inmates" and inserting "patients". (16) The section heading for section 21-1122 and the item relating to such section in the table of sections for such chapter is amended by striking out "inmates' " and inserting "patients' ". (17) The chapter heading for such chapter is amended by striking out " F E E B L E - M I N D E D " and inserting " S U B S T A N T I A L L Y RETARDED". (b) The table of chapters for title 21 of the District of Columbia Code is amended by striking out in the item relating to chapter 11 "Feeble-Minded" and inserting "Substantially Retarded". Approved October 22, 1970.

1089 ^9 Stat. 769. ^"'*' P- i^^?.

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Public Law 91-491 „

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AN ACT .

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To adjust the date of rank of commissioned officers of the Marine Corps.

October 22, 1970

[H.R. i03i7]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 5769 Marine corps of title 10, United States Code, is amended as follows: °Datrof rank "(1) By striking out 'Except as provided in subsection (d), each' 7oA*s°tat?3S6. m the first sentence of subsection (c) and inserting 'Each' in place thereof. " (2) By striking out subsection (d). SEC. 2. The amendments made by this Act are effective on January 1« Effective date. 1959. ^ ' Approved October 22, 1970.

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