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 1090

PUBLIC LAW 91-492-OCT. 22, 1970

[84 STAT.

Public Law 91-492 October 22, 1970 [H. R. 2175]

Residential community treatment center s. 62 Stat. 8 4 2.

Probationary personnel.

Payment.

P a r o l e e or prisoner.

65 Stat. 9 8.

Payment.

62 Stat. 8 4 2, 854.

AN ACT To amend title 18 of the United States O d e to authorize the Attorney General to admit to residential community treatment centers persons who are placed on probation, released on parole, or mandatorily released.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 3651 of title 18 of the United States Code is amended by inserting the following paragraphs before the last one. "The court may require a person as conditions of probation to reside in or participate in the program of a residential community treatment center, or both, for all or part of the period of probation: Provided, That the Attorney General certifies that adequate treatment facilities, personnel, and programs are available. If the Attorney General determines that the person's residence in the center or participation in its program, or both, should be terminated, because the person can derive no further significant benefits from such residence or participation, or both) or because his such residence or participation advers^y affects the rehabilitation of other residents or participants, he shall so notify the court, which shall thereupon, by order, make such other provision with respect to the person on probation as it deems appropriate. "A person residing in a residential community treatment center may be required to pay such costs incident to residence as the Attorney General deems appropriate." SEC. 2. Section (a) of section 4203 of such title is amended by inserting the following paragraphs between the second and t h i r d: "The Board may require a parolee or a prisoner released pursuant to section 4164 of this title as conditions of parole or release to reside in or participate in the program of a residential community treatment center, or both, for all or part of the period of parole: Provided, That the Attorney General certifies that adequate treatment facilities, personnel and programs are available. If the Attorney General determines that the person°s residence in the center or participation in its program, or both, should be terminated, because the person can derive no further significant benefits from such residence or participation, or both, or because his such residence or participation adversely affects the rehabilitation of other residents or participants, he shall so notify the Board of Parole, which shall thereupon make such other provision with respect to the person as it deems appropriate. "A person residing in a residential community treatment center may be required to pay such costs incident to residence as the Attorney General deems appropriate." SEC. 3. Funds collected pursuant to section 3651 and section 4203 of title 18, as amended, shall be deposited in the Treasury of the United States as miscellaneous receipts. Approved October 22, 1970.

Public Law 91-493 October 22, 1970 [H. R. 6240]

AN ACT To amend the Act entitled "An Act authorizing the village of Baudette, State of Minnesota, its public successors or public assigns, to construct, maintain, and operate a toll bridge across the Rainy River at or near Baudette, Minnesota", approved December 21, 1950.

Be it enacted by the Senate and House of Representatives of the Baudette^ Minn, jjnited States of America in Congress assembled, That section 4 of the toii\"id^.'^^'^ Act entitled "An Act authorizing the village of Baudette, State of Minnesota, its public successors or public assigns, to construct, main-

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 84 STAT. ]

1091

PUBLIC LAW 91-495-OCT. 22, 1970

tain, and operate a toll bridge across the Rainy River, at or near Baudette, Minnesota", approved December 21, 1950 (64 Stat. 1115), as revised and reenacted by the Act approved June 16, 1955 (69 Stat. 159), is hereby amended by deleting that portion of the first sentence which reads, "but within a period of not to exceed thirty years from the completion thereof" and by deleting the entire second sentence. Approved October 22, 1970.

Public Law 91-494 AN ACT To provide for the immunity from taxation in the District of Columbia in the case of the International Telecommunications Satellite Consortium, and any successor organization thereto.

October 22, 1970 [ H. R. 14982]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act shall international apply to the International Telecommunications Satellite Consortium, Teiecommunica and any successor organization thereto, in which the United States consoruum^tajt through its designated entity participates pursuant to the Communica- exemption.' 76 Stat. 4 1 9. tions Satellite Act of 1962 (47 U.S.C. 701 and following). SEC. 2. The International Telecommunications Satellite Consortium, and any successor organization thereto, its property, income, operations and other transactions, and the participants therein other than the designated United States entity, shall be exempt from all taxes imposed by the District of Columbia and shall not be required to obtain any license required by the District of Columbia Income and Franchise . Tax Act of 1947, as the same hereafter may be amended: Provided, 61. CStat. 3 3 147D. Code however, That this exemption shall not apply to any property which 1551 note. shall not be used for the purposes of said Consortium or successor organization, or to any income, operations, or other transactions which shall not be related to the purposes of said Consortium or successor organization. SEC. 3. The District of Columbia Council is authorized to promul- R e g u l a t i o n s. gate regulations to carry out the purpose of this Act. SEC. 4. This Act shall be effective with respect to taxable years Effective date. beginning after December 31, 1964. Approved October 22, 1970.

Public Law 91-495 AN ACT To authorize each of the Five Civilized Tribes of Oklahoma to popularly select their principal officer, and for other purposes.

October 22, 1970

f^'^^^^]

Be it eimcted by the Senate and House of Representatives of the United States of America in Congress assembled, That, notwithstand- f ^^^ civm^ed ing any other provisions of law, the principal chiefs of the Cherokee, Voma^. °^ °*'^"' Choctaw, Creek, and Seminole Tribes of Oklahoma and the governor Principal chiefs, of the Chickasaw Tribe of Oklahoma shall be popularly selected by the °^"^^ ^^^^'^"on. respective tribes in accordance with procedures established by the officially recognized tribal spokesman and or governing entity. Such established procedures shall be subject to approval by the Secretary of the Interior. SEC. 2. The Secretary of the Interior or his representative is hereby authorized to assist, upon request, any of such officially recognized tribal spokesman and/or governing entity in the development and implementation of such procedures.

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


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Page:Of the Gout - Stukeley - 1734.djvu/57

Rh is bite of a viper, by ruining and destroying the texture of the poyson. 'Tis to be observ'd that the little wooly cone or moxa which is to burn the part, must be set with great exactness upon the very point where the gouty drop lyes. For if you set it but an inch off that place, it produces no effect. This shows 'tis by the fire, which kills this poyson that the cure is perform'd, rather than by any quantity of humor deriv'd from the burning. And this shows too, that the humor how small soever in quantity, is a real poyson. The same thing we infer from the Indian practise of lighting the moxa with little aromatick flicks prepar'd for that purpose. These in burning, emit a very grateful smell, good against the poysonous damp and fume of the distemper, which the fire draws out of the wound; and which is very prejudicial to the patient and byestanders, as well as to the operator that performs the burning. The suddenness of the relief here proves the same thing, for tho' we are not able to stir our foot for several days without lifting; upon letting out that envenom'd steam by the moxa, we can walk instantaneously; and the cure of the gout by our oyls proclaims the same truth. These oyls introduc'd upon the poysonous gas in its recesses, effectually disarm and subdue its viru-


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 1092

Term of office.

PUBLIC LAW 91-496-OCT. 22, 1970

[84 STAT.

SEC. 3. A principal officer selected pursuant to section 1 of this Act shall be duly recognized as the principal chief, or in the case of the Chickasaw Tribe, the governor, of that tribe. QEC. 4. Any principal officer currently holding office at the date of enactment of this Act shall continue to serve for a period not to exceed twelve months or until expiration of his most recent appointment, whichever is shorter, unless an earlier vacancy arises from resignation, disability, or death of the incumbent, in which case the office of principal chief or governor may be filled at the earliest possible date in accordance with section 1 of this Act. SEC. 5. Nothing in this Act shall prevent any such incumbent referred to in section 4 of this Act from being elected as a principal chief or governor. Approved October 22, 1970.

Public Law 91-496 October 22, 1970 [H, R. 96341

Veterans. Specialized medical r e s o u r c e s, sharing program, improvement. 76 Stat. 3 0 9.

81 Stat. 6 3 1. 38 USC 4107 note.

Repeal.

80 Stat. 1369. 38 USC 4107 note. 80 Stat. 1 3 7 1.

AN ACT To amend title 38 of the United States Code in order to improve and make more effective the Veterans' Administration program of sharing specialized medical resources, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 4114 of title 38, United States Code, is amended by inserting in subsection (a)(3)(A) immediately after the first sentence thereof the following: "Temporary full-time appointments of persons who have successfully completed a full course of nursing in a recognized school of nursing, approved by the Administrator, and are pending registration as a graduate nurse in a State, shall not exceed one year." SEC. 2. (a) Section 4107(a) of title 38, United States Code, is amended— (1) by striking out the comma immediately after "Chief Medical Director" and inserting in lieu thereof "and"; (2) by striking out "and Associate Deputy Chief Medical Director,"; and (3) by inserting immediately below the heading "Section 4103 Schedule" the following: "Associate Deputy Chief Medical Director, $36,000.". (b) Section 103(c) of the Act of November 7, 1966, entitled "An Act to amend title 38 of the United States Code to clarify, improve, and add additional programs relating to the Department of Medicine and Surgery of the Veterans' Administration, and for other purposes" is hereby repealed. SEC. 3. Section 4114 of title 38, United States Code, is amended by inserting in subsection (d)(1) immediately after the word "physician ' the following: "or dentist". SEC. 4, Section 5053(a)(1) of title 38, United States Code, is amended by deleting "for the exchange of use" and inserting in lieu thereof "for the mutual use, or exchange of use,". Approved October 22, 1970.

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PUBLIC LAW 91-497-OCT. 22, 1970

1093

Public Law 91-497 AN ACT

^,,

on

,n.n

October 22, 1970

To revise certain provisions of the criminal laws of the District of Columbia relating to offenses against hotels, motels, and other commercial lodgings, and for other purposes.

[H. R. 10335]

Be it eimcted ty the Senate and House of Representatives of the United States of America in Congress assembled, That section 842 of ^.c. the Act entitled "An Act to establish a code of law for the District of ho?T"m^^^^^"'* Columbia", approved March 3, 1901 (31 Stat. 1326; D.C. Code, sec. etc! ^'"'° ^ ^' 22-1301), is amended— er^stft^'g"*' (1) by inserting^ " (a) " immediately before "Whoever"; (2) by inserting "any service or" immediately before "anything of value"; (3) by striking out "value of the money or property" and inserting in lieu thereof "value of the money, property, or service"; (4) by striking out "$200" and inserting in lieu thereof "$1,000"; (5) by striking out the second sentence and inserting in lieu thereof: " (b)(1) Whoever obtains, at a hotel, motel, or other establishment which provides lodging to transient guests— " (A) lodging, food, or any other item of value, with intent to defraud the proprietor or manager of such establishment, or " (B) credit by the use of false pretenses, shall, if the unpaid amount of such lodging, food, or other item of value is $100 or more, be guilty of a felony and fined not more than $3,000 or imprisoned for not less than one year nor more than three years, or both; or if such unpaid amount is less than $100, be guilty of a misdemeanor and fined not more than $1,000 or imprisoned not more than one year, or both. "(2) Proof that a person— " (A) obtained lodging, food, any other item of value, or credit, at a hotel, motel, or other establishment which provides lodging to transient guests and failed to pay in full upon demand any amount then due for such credit or item of value, or " (B) departed or removed his baggage from a hotel, motel, or other establishment which provides lodging to transient guests without the express consent of the proprietor or manager of such establishment and without first paying in full any amount due for food, lodging, any other item of value, or credit, shall be prima facie evidence that the acts specified in clause (A) of paragraph (1) were committed with fraudulent intent. " (c) Whoever, in the District of Columbia, registers at a hotel, motel, Penalty. or other establishment which provides lodging to transient guests, under any name or address other than his actual name or address, with intent to defraud the proprietor or manager of such establishment, shall be guilty of a misdemeanor and fined not more than $500 or imprisoned not more than six months, or both." SEC. 2. Subsection (b) of section 207 of the Act entitled "An Act to provide for the more effective prevention, detection, and punishment of crime in the District of Columbia", approved June 29, 1953 (D.C. Code, 23-306 (b)) is amended— 67 Stat. 96Mn(e, (1) by striking out "section 863(a)" and inserting in lieu ^'^^^' thereof "sections 863(a) and 842 (b) and (c) "; and (2) by inserting immediately before the period at the end the following: "(failure to pay for lodging or food; D.C. Code, sec. 22-1301)". Supra.

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 1094

PUBLIC LAW 91-498-OCT. 22, 1970

[84 STAT,

SEC. 3. The Act entitled "An Act regulating the issuance of checks, drafts, and orders for the payment of money within the District of Columbia", approved July 1, 1922 (42 Stat. 820; D.C. Code, sec. 2 2 1410), is amended— ,(1) Tby striking out "or order" in each place it appears and inserting in lieu thereof "order, or other instrument"; (2) by striking out "shall be guilty of a misdemeanor punishable by imprisonment for not more than one year or fined not more than $1,000, or both." and inserting in lieu thereof "shall, if the amount of such check, draft, order, or other instrument is $100 or more, be guilty of a felony and fined not more than $3,000 or imprisoned for not less than one year nor more than three years, or both; or if the amount of such check, draft, order, or other instrument is less than $100, be guilty of a misdemeanor and fined not more than $1,000 or imprisoned not more than one year, or both."; (3) by inserting, in the second sentence, after "notice in person, or writing, that such" the following: "check,". Approved October 22, 1970.

Public Law 91-498 October 22. 1970

[S.J. Res. 165]

JOINT RESOLUTION

Granting the consent of the Congress to an agreement between the State of Florida and the State of Georgia establishing a boundary between such States.

Whereas the Legislature of the State of Florida passed an Act amending section 6.09 Florida Statutes, relating to the boundary between the States of Florida and Georgia, which was approved by the Governor of the State of Florida on April 25, 1969; and Whereas the Legislature of the State of Georgia passed an act amending Georgia Code section 15-105, relating to the boundary between such States, which was approved by the Governor of Georgia on April 25, 1969; and Whereas such acts both provide in substance that such acts would be effective only if the Congress of the United States ratifies, confirms, adopts, or otherwise consents to the effect of such acts by November 1, 1970; and Whereas such acts both provided in substance that the boundary between such States at the mouth of the Saint Marys River and adjacent thereto should be as follows: From a point 37 links north of Ellicotts Mound on the Saint Marys River; thence down said river to the Atlantic Ocean; thence along the middle of the presently existing Saint Marys entrance navigational channel to the point of intersection with a hypothetical line connecting the seawardmost points of the jetties now protecting such channel; thence along said line to a control point of latitude 30 degrees 42 minutes 45.6 seconds north, longitude 81 decrees 24 minutes 15.9 seconds west, thence due east to the seaward limit of Georgia and Florida as now or hereafter fixed by the Congress of the United States; such boundary to be extended on the same true 90-degree bearing so far as a need for further delimitation may arise; and Whereas such acts of the States of Florida and Georgia constitute an agreement between such States establishing a boundary line between them: Now, therefore, be it

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PUBLIC LAW 91-499-OCT. 22, 1970

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the consent of the Congress is hereby granted to such agreement and to the establishment of such boundary, and such acts of the States of Florida and Georgia are hereby approved. SEC. 2. The Secretary of Commerce is hereby authorized, empowered, and instructed to survey and properly mark by suitable monuments the seaward boundary between the State of Florida and State of Georgia, and so much of the interior boundary as is considered necessary by the two States, and the necessary appropriations for this work are hereby authorized. SEC. 3. The right to alter, amend, or repeal this Act is expressly reserved. Approved October 22, 1970.

1095 F l a. • Ga. Boundary agreement. Consent of Congress.

Appropriation.

Public Law 91-499 AN ACT

To authorize the Commissioner of the District of Columbia to sell or exchange certain real property owned by the District in Prince William County, Virginia.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Commissioner of the District of Columbia (hereinafter, "Commissioner" and "District") is authorized to convey to Prince William County, in the Commonwealth of Virginia, all right, title, and interest of the District in and to a portion, not in excess of thirty-seven acres, of certain real property owned by the District and located in that county, comprised of approximately three hundred fifty and four-tenths acres of land and more particularly described in a deed conveying such real property to the District and recorded on May 22, 1922, in liber 77, folio 55, in the clerk's office of the circuit court of Prince William County. Such conveyance to Prince William County shall be in consideration, among other considerations, of the issuance to the District by the county authorities of a permit or permits to establish and operate a sanitary landfill for the disposal of refuse in an area of the county determined by the District of Columbia to be suitable for such use. S E C 2. The Commissioner is further authorized to transfer to the Secretary of the Interior jurisdiction over all or any part of the balance of the property described in the first section, including such portions of the property as may be described as "wetlands", by which term is meant those low-lying portions of the property in the nature of a marsh, swamp, bog, pothole, swale, glade, slash, overflow land of river flats, pool, slough, hole, as well as those areas necessary to protect the natural features of a contiguous wetland area. The area encompassed by the definition of wetlands is to be determined jointly by the Commissioner and the Secretary of the Interior. Such transfer to the Secretary of the Interior may be in consideration of the payment by him to the District of such sum or sums as may be agreed upon, or m exchange for land under the jurisdiction of the Department of the Interior which may be put to some municipal use by the District, approximately equal in value or area, or both value aild area, to the land transferred by the District to the Secretary.

47-348 O -72 - 73 (Pt. 1)

October 22, 1970

[H.R. I8O86]

Prince William County, Va. Conveyance.

Jurisdiction, transfer. "Wetlands."

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Page:United States Statutes at Large Volume 84 Part 1.djvu/1154

 1096 Sale or exchange.

Limitation.

Expenses.

PUBLIC LAW 91-500-OCT. 22, 1970

[84 STAT.

SEC. 3. Beginning three years after the effective date of this Act, the Commissioner is authorized to sell, or to exchange for other real property suitable for use by the District, all or any part of so much of the balance of the property described in the first section, not including the wetlands, as has not been transferred to the jurisdiction of the Department of the Interior, pursuant to section 2, within three years after enactment of this Act. Any such sale or exchange may either be on the basis of competitive bids or by negotiation, as the Commissioner determines is in the best interest of the District of Columbia, The Commissioner is further authorized to pay the reasonable and necessary expenses of the sale or exchange of such land, and shall deposit the net proceeds of any such sale in the Treasury of the United States to the credit of the District of Columbia. Approved October 22, 1970. - ^f • i^- 5«pc

Public Law 91-500 October 22, 1970 [H. R. 693]

Older veterans. Medical care, expenses. 72 Stat. 1144.

78 Stat. 5 0 4.

81 Stat. 1 8 3.

72 Stat. 1141,

AN ACT To amend title 38 of the United States Code to provide that veterans who are seventy-two years of age or older shall be deemed to be unable to defray the expenses of necessary hospital or domiciliary care, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 622 of title 38, United States Code, is amended by inserting " (a) " immediately before "For", and by adding at the end thereof the following new subsection: " (b) Notwithstanding the provisions of subsection (a) of this section, the receipt of pension under any law administered by the Veterans' Administration shall constitute sufficient evidence of inability to defray necessary expenses, and any veteran in receipt of such pension shall be exempt from making any statement under oath regarding his inability to defray necessary expenses." SEC. 2. Subsection (g) of section 612 of title 38, United States Code, is amended to read as follows: " (g) Where any veteran is in receipt of increased pension or additional compensation or allowance based on the need of regular aid and attendance or by reason of being permanently housebound, or who, but for the receipt of retired pay, would be in receipt of such pension, compensation, or allowance, the Administrator may furnish the veteran such medical services as he finds to be reasonably necessary." SEC. 3. Subsection (h) of section 612 of title 38, United States Code, is amended by inserting immediately after the words "by reason of being" the following: "permanently housebound or". SEC. 4. Subsection (a) of section 610 of title 38, United States Code, is amended (1) by striking out "and" at the end of clause (2); (2) by striking out the period at the end of clause (3) and inserting in lieu thereof "; and"; and (3) by adding at the end thereof the following: " (4) any veteran for a non-service-connected disability if such veteran is sixty-five years of age or older." Approved October 22, 1970.

( 1.i<S.) ET

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1097

PUBLIC LAW 91-503-OCT. 23, 1970

Public Law 91-501 AN ACT To authorize the Secretary of the Interior to declare that the United States holds in trust for the Eastern Band of Cherokee Indians of North Carolina certain lands on the Cherokee Indian Reservation heretofore used for school or other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Interior is authorized, upon request of the tribal council of the Eastern Band of Cherokee Indians of North Carolina, to declare by publication of a notice in the Federal Register that the United States holds in trust for said band of Indians, subject to valid existing rights, all of the right, title, and interest of the United States in any of the federally owned lands within the Cherokee Indian Reservation, together with the improvements thereon, that are now or hereafter become excess to the needs of the government for the administration of Indian affairs, as determined by the Secretary of the Interior. Approved October 22, 1970.

October 22, 1970 [H,R,_168111

Cherokee Indians, N. C. Lands in trust. Publication in Federal Register.

Public Law 91-502 AN ACT October 23, 1970

To amend the Central Valley reclamation project to include Black Butte project.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Central Valley project, California, authorized by section 2 of the Act of Congress of August 26, 1937 (50 Stat. 850), is hereby amended to include the Black Butte project on Stony Creek, which was authorized for construction by the Corps of Engineers by the Flood Control Act approved December 22, 1944 (58 Stat. 887). Subject to the provisions of this Act, the Black Butte project shall be financially integrated with the Central Valley project and coordinated operationally with the other storage units of the Central Valley project by the Bureau of Reclamation under the Secretary of the Interior: Provided, That the Black Butte Dam and Reservoir will be physically operated and maintained by the Corps of Engineers and m a manner compatible with recreational use of the reservoir. Approved October 23, 1970.

[H. R. 18298] Central Valley reclamation proje c t, Calif. Black Butte project.

Public Law 91-503 AN ACT To revise and clarify the Federal Aid in Wildlife Restoration Act and the Federal Aid in Fish Restoration Act, and for other purposes.

Be it enacted by the Senate and House of Representatives United States of America in Congress assembted, TITLE I—FEDERAL AID IN WILDLIFE

October 23, 1970 [H. R. 1247S]

of the F i s h and wildlife restoration projects.

RESTORATION

SEC. 101. The first sentence of section 3 of the Federal Aid in Wildlife Restoration Act of September 2, 1937 (16 U.S.C. 669b), is amended to read as follows: "An amount equal to all revenues accruing

50 Stat. 9 1 7.

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 1098

68A Stat. 490. 83 Stat. 269.

50 Stat. 918; 55 Stat. 632. Administrative expenses.

45 Stat. 1222. 16 USC 715.

Funds,apportionment.

Fiscal year.

Certification.

PUBLIC LAW 91-503-OCT. 23, 1970

[84 STAT.

each fiscal year (beginning with the fiscal year 1971) from any tax imposed on specified articles by section 4181 of the Internal Revenue (yode of 1954 (26 U.S.C. 4181) shall, subject to the exemptions in section 4182 of such Code, be covered into the Federal aid to wildlife restoration fund in the Treasury (hereinafter referred to as the 'fund') and is authorized to be appropriated and made available until expended to carry out the purposes of this Act." SEC. 102. Sections 4, 6, 6, 7, 8, and 8 (a) of the Federal Aid in Wildlife Restoration Act of September 2, 1937 (16 U.S.C. 669c—669g-l), are amended to read as follows: SEC. 4. (a) So much, not to exceed 8 per centum, of the revenues covered into said fund in each fiscal year as the Secretary of the Interior may estimate to be necessary for his expenses in the administration and execution of this Act and the Migratory Bird Conservation Act shall be deducted for that purpose, and such sum is authorized to be made available therefor until the expiration of the next succeeding fiscal year, and within sixty days after the close of such fiscal year the Secretary of the Interior shall apportion such part thereof as remains unexpended by him, if any, and make certificate thereof to the Secretary of the Treasury and to the State fish and game departments on the same basis and in the same manner as is provided as to other amounts authorized by this Act to be apportioned among the States for such current fiscal year. The Secretary of the Interior, after making the aforesaid deduction, shall apportion, except as provided in subsection (b) of this section, the remainder of the revenue in said fund for each fiscal year among the several States in the following manner: One-half in the ratio which the area of each State bears to the total area of all the States, and one-half in the ratio which the number of paid hunting-license holders of each State in the second fiscal year preceding the fiscal year for which such apportionment is made, as certified to said Secretary by the State fish and game departments, bears to the total number of paid hunting-license holders of all the States. Such apportionments shall be adjusted equitably so that no State shall receive less than one-half of 1 per centum nor more than 5 per centum of the total amount apportioned. The term fiscal year as used in this Act shall be a period of twelve consecutive months from July 1 through the succeeding June 30, except that the period for enumeration of paid hunting-license holders shall be a State's fiscal or license year. "(b) One-half of the revenues accruing to the fund under this Act each fiscal year (beginning with the fiscal year 1971) from any tax imposed on pistols and revolvers shall be apportioned among the States in proportion to the ratio that the population of each State bears to the population of all the States: Provided, That each State shall be apportioned not more than 3 per centum and not less than 1 per centum of such revenues. For the purpose of this subsection, population shall be determined on the basis of the latest decennial census for which figures are available, as certified by the Secretary of Commerce. "SEC. 5. For each fiscal year, the Secretary of the Interior shall certify to the Secretary of the Treasury and to each State fish and

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1099

game department the sum which he has estimated to be deducted for administering and executing this Act and the Migratory Bird ConserStat. 1222. vation Act and the sum which he has apportioned to each State. Any 45 USC 715. 16 State desiring to avail itself of the benefits of this Act shall notify the Secretary of the Interior to this effect within sixty days after it has received the certification referred to in this section. The sum apportioned to any State which fails to notify the Secretary of the Interior as herein provided is authorized to be made available for expenditure by the Secretary of the Interior in carrying out the provisions of the Migratory Bird Conservation Act. "SEC. 6. (a) Any State desiring to avail itself of the benefits ^.ZtVU'd'Sof this Act shall, by its State fish and game department, submit pro- provai. grams or projects for wildlife restoration in either of the following two ways: "(1) The State shall prepare and submit to the Secretary of the Interior a comprehensive fish and wildlife resource management plan which shall insure the perpetuation of these resources for the economic, scientific, and recreational enrichment of the people. Such plan shall be for a period of not less than five years and be based on projections of desires and needs of the people for a period of not less than fifteen years. I t shall include provisions for updating at intervals of not more than three years and be provided in a format as may be required by the Secretary of the Interior. If the Secretary of the Interior finds that such plans conform to standards established by him and approves such plans, he may finance up to 75 per centum of the cost of implementing segments of those plans meeting the purposes of this Act from funds apportioned under this Act upon his approval of an annual agreement submitted to him. "(2) A State may elect to avail itself of the benefits of this Act by its State fish and game department submitting to the Secretary of the Interior full and detailed statements of any wildlife-restoration project proposed for that State. If the Secretary of the Interior finds that such project meets with the standards set by him and approves said project, the State fish and game department shall furnish to him such surveys, plans, specifications, and estimates therefor as he may require. If the Secretary of the Interior approves the plans, specifications, and estimates for the project, he shall notify the State fish and game department and immediately set aside so much of said fund as represents the share of the United States payable under this Act on account of such project, which sum so set aside shall not exceed 75 per centum of the total estimated cost thereof. "The Secretary of the Interior shall approve only such comprehensive plans or projects as may be substantial in character and design and the expenditure of funds hereby authorized shall be applied only to such approved comprehensive wildlife plans or projects and if otherwise applied they shall be replaced by the State before it may participate in any further apportionment under this Act. No payment of any money apportioned under this Act shall be made on any comprehensive wildlife plan or project until an agreement to participate therein shall have been submitted to and approved by the Secretary of the Interior. "(b) If the State elects to avail itself of the benefits of this Act by preparing a comprehensive fish and wildlife plan under option (1)

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 1100 'Project/'

PUBLIC LAW 91-503-OCT. 23, 1970

[84 STAT.

of subsection (a) of this section, then the term 'project' may be defined for the purposes of this Act as a wildlife program, all other definitions notwithstanding. "(c) Administrative costs in the form of overhead or indirect costs for services provided by State central service activities outside of the State agency having primary jurisdiction over the wildlife resources of the State which may be charged against programs or Ante, p. 1097. projects supported by the fund established by section 3 of this Act shall not exceed in any one fiscal year 3 per centum of the annual apportionment to the State. Funds, payment. "SEC. 7. (a) When the Secretary of the Interior shall find that any project approved by him has been completed or, if involving research relating to wildlife, is being conducted, in compliance with said plans and specifications, he shall cause to be paid to the proper authority of said State the amount set aside for said project. The Secretary of the Interior may, in his discretion, from time to time, make payments on said project as the same progresses; but these payments, including previous payments, if any, shall not be more than the United States pro rata share of the project in conformity with said plans and specifications. If a State has elected to avail itself of the benefits of this Act by preparing a comprehensive fish and wildlife plan as provided Ante, p. 1099. for under option (1) of subsection (a) of section 6 of this Act, and this plan has been approved by the Secretary of the Interior, then the Secretary may, in his discretion, and under such rules and regulations as he may prescribe, advance funds to the State for financing the United States pro rata share agreed upon between the State fish and game department and the Secretary. Construction "(b) Any construction work and labor in each State shall be perwork and labor. formed in accordance with its laws and under the direct supervision of the State fish and game department, subject to the inspection and approval of the Secretary of the Interior and in accordance with rules and regulations made pursuant to this Act. The Secretary of the Interior and the State fish and game department of each State may jointly determine at what times and in what amounts payments shall be made under this Act. Such payments shall be made by the Secretary of the Treasury, on warrants drawn by the Secretary of the Interior against the said fund to such official or officials, or depository, as may be designated by the State fish and game depart^ ment and authorized under the laws of the State to receive public funds of the State. Project main"SEC. 8. (a) Maintenance of wildlife-restoration projects estabtenance. lished under the provisions of this Act shall be the duty of the States in accordance with their respective laws. Beginning July 1, 1945, the term 'wildlife-restoration project', as defined in section 2 of this 50 Stat. 917. Act, shall include maintenance of completed projects. Notwithstand16 USC 669a. ing any other provisions of this Act, funds apportioned to a State under this Act may be expended by the State for management (exclusive of law enforcement and public relations) of wildlife areas and resources. "(b) Each State may use the funds apportioned to it under section Ante, p. 1098. 4(b) of this Act to pay up to 75 per centum of the costs of a hunter safety program and the construction, operation, and maintenance of public outdoor target ranges, as a part of such program. The nonFederal share of such costs may be derived from license fees paid by Regulations. hunters, but not from other Federal grant programs. The Secretary shall issue not later than the 120th day after the effective date of this subsection such regulations as he deems advisable relative to the criteria for the establishment of hunter safety programs and public outdoor target ranges under this subsection.

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PUBLIC LAW 91-503-OCT. 23, 1970

The Secretary of the Interior is authorized to cooperate with the Secretary of Agriculture of Puerto RicOj the Governor of Guam, and the Governor of the Virgin Islands, m the conduct of wildlife-restoration projects, as defined in section 2 of this Act, upon such terms and conditions as he shall deem fair, just, and equitable, and is authorized to apportion to Puerto Rico, Guam, and the Virgin Islands, out of the money available for apportionment under this Act, such sums as he shall determine, not exceeding for Puerto Rico one-half of 1 per centum, for Guam one-sixth of 1 per centum, and for the Virgin Islands one-sixth of 1 per centum of the total amount apportioned, in any one year, but the Secretary shall in no event require any of said cooperating agencies to pay an amount which will exceed 25 per centum of the cost of any project. Any unexpended or unobligated balance of any apportionment made pursuant to this section shall be available for expenditure in Puerto Rico, Guam, or the Virgin Islands, as the case may be, in the succeeding year, on any approved project, and if unexpended or unobligated at the end of such year is authorized to be made available for expenditure b^^ the Secretary of the Interior in carrying out the provisions of the Migratory Bird Conservation Act." SEC. 103. This title may be cited as the "Federal Aid in Wildlife Restoration Act Amendments of 1970." •*SEC. 8 A.

50 Stat. 917. 16 USC 669a.

45 Stat. 1222. 16 USC 715. eitation of title.

TITLE II—FEDERAL AID IN SPORT F I S H RESTORATION SEC. 201. Section 4 of the Federal Aid in Fish Restoration Act of 1950 (16 U.S.C. 777c) is amended to read as follows: "SEC. 4. So much, not to exceed 8 per centum, of each annual appropriation made in pursuance of the provisions of section 3 of this Act as the Secretary of the Interior may estimate to be necessary for his expenses in the conduct of necessary investigations, administration, and the execution of this Act and for aiding in the formulation, adoption, or administration of any compact between two or more States for the conservation and management of migratory fishes in marine or fresh waters shall be deducted for that purpose, and such sum is authorized to be made available therefor until the expiration of the next succeeding fiscal year. The Secretary of the Interior, after making the aforesaid deduction, shall apportion the remainder of the appropriation for each fiscal year among the several States in the following manner: 40 per centum m the ratio which the area of each State including coastal and Great Lakes waters (as determined by the Secretary of the Interior) bears to the total area of all the States, and 60 per centum in the ratio which the number of persons holding paid licenses to fish for sport or recreation in the State in the second fiscal year preceding the fiscal year for which such apportionment is made, as certified to said Secretary by the State fish and game departments, bears to the number of such persons in all the States. Such apportionments shall be adjusted equitably so that no State shall receive less than 1 per centum nor more than 5 per centum of the total amount apportioned. Where the apportionment to any State under this section is less than $4,500 annually, the Secretary of the Interior may allocate not more than $4,500 of said appropriation to said State to carry out the purposes of this Act when said State certifies to the Secretary of the Interior that it has set aside not less than $1,500 from its fish-and-game funds or has made, through its legislature, an appropriation in this amount for said purposes. So much of any sum not allocated under the provisions of this section for any fiscal year is hereby authorized to oe made available for expenditure to carry

Administrative expenses 64 Stat. 432.

Funds, tionment.

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PUBLIC LAW 91-503-OCT. 23, 1970

[84 STAT.

out the purposes of this Act until the close of the succeeding fiscal year, and if unexpended or unobligated at the end of such year, such sum is hereby authorized to be made available for expenditure by the Secretary of the Interior in carrying on the research program of the Fish and Wildlife Service in respect to fish of material value for sport or Fiscal year. recreation. The term fiscal year as used in this section shall be a period of twelve consecutive months from July 1 through the succeeding June 30, except that the period for enumeration of persons holding licenses to fish shall be a State's fiscal or license year." SEC. 202. Sections 6, 7, and 8 of the Federal Aid in Fish Restora64 Stat. 432. tion Act of 1950 (16 U.S.C. 777e-777g) are amended to read as follows: suhln?.T/!!„°''*'r^' "SEC. 6. (a) Any State desiring to avail itself of the benefits of this submission and

approval,

"Project."

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Act suall, by its btate nsh and game department, submit programs or projects for fish restoration in either of the following two ways: "(1) The State shall prepare and submit to the Secretary of the (Interior a comprehensive fish and wildlife resource management plan which shall insure the perpetuation of these resources for the economic, scientific, and recreational enrichment of the people. Such plan shall be for a period of not less than five years and be based on projections of desires and needs of the people for a period of not less than fifteen years. I t shall include provisions for updating at intervals of not more than three years and be provided in a format as may be required by the Secretary of the Interior. If the Secretary of the Interior finds that such plans conform to standards established by him and approves such plans, he may finance up to 75 per centum of the cost of implementing segments of those plans meeting the purposes of this Act from funds apportioned under this Act upon his approval of an annual agreement submitted to him. "(2) A State may elect to avail itself of the benefits of this Act by its State fish and game department submitting to the Secretary of the Interior full and detailed statements of any fish restoration and management project proposed for that State. If the Secretary of the Interior finds that such project meets with the standards set by him and approves said project, the State fish and game department shall furnish to him such surveys, plans, specifications, and estimates therefor as he may require. If the Secretary of the Interior approves the plans, specifications, and estimates for the project, he shall notify the State fish and ^ame department and immediately set aside so much of said appropriation as represents the share of the United States payable under this Act on account of such project, which sum so set aside shall not exceed 75 per centum of the total estimated cost thereof. "The Secretary of the Interior shall approve only such comprehensive plans or projects as may be substantial in character and design and the expenditure of funds hereby authorized shall be applied only to such approved comprehensive fishery plan or projects and if otherwise applied they shall be replaced by the State before it may participate in any further apportionment under this Act. No payment of any money apportioned under this Act shall be made on any comprehensive fishery plan or project until an agreement to participate therein shall have been submitted to and approved by the Secretary of the Interior. "(b) If the State elects to avail itself of the benefits of this Act by preparing a comprehensive fish and wildlife plan under option (1) of subsection (a) of this section, then the term 'project' may be defined for the purpose of this Act as a fishery program, all other definitions notwithstanding.

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"(c) Administrative costs in the form of overhead or indirect costs for services provided by State central service activities outside of the State fish and game department charged against programs or projects supported by funds made available under this Act shall not exceed in any one fiscal year 3 per centum of the annual apportionment to the State. "SEC. 7. (a) When the Secretary of the Interior shall find that any Funds, payment. project approved by him has been completed or, if involving research relating to fish, is being conducted, in compliance with said plans and specifications, he shall cause to be paid to the proper authority of said State the amount set aside for said project. The Secretary of the Interior may, in his discretion, from time to time, make payments on said project as the same progresses; but these payments, including previous payments, if any, shall not be more than the United States' pro rata share of the project in conformity with said plans and specifications. If a State has elected to avail itself of the benefits of this Act by preparing a comprehensive fish and wildlife plan as provided for under option (1) of subsection (a) of section 6 of this Act, and this ^"'e, p. 1102. plan has been approved by the Secretary of the Interior, then the Secretary may, in his discretion, and under such rules and regulations, as he may prescribe, advance funds to the State for financing the United States' pro rata share agreed upon between the State fish and game department and the Secretary. " (b) Any construction work and labor in each State shall be per- construction formed in accordance with its laws and under the direct supervision work and labor. of the State fish and game department, subject to the inspection and approval of the Secretary of the Interior and in accordance with the rules and regulations made pursuant to this Act. The Secretary of the Interior and the State fish and game department of each State may jointly determine at what times and in what amounts payments shall be made under this Act. Such payments shall be made against the said appropriation to such official or officials, or depository, as may be designated by the State fish and game department and authorized under the laws of the State to receive public funds of the State. "SEC. 8. To maintain fish-restoration and management projects „^^'°-'^ mainte. nance. established under the provisions of this Act shall be the duty of the """'" States according to their respective laws. Beginning July 1, 1953, maintenance of projects heretofore completed under the provisions of this Act may be considered as projects under this Act. Title to any real or personal property acquired by any State, and to improvements laced on State-owned lands through the use of funds paid to the tate under the provisions of this Act, shall be vested in such State." SEC. 203. Section 12 of the Federal Aid in Fish Restoration Act of 1950 (16 U.S.C. 777k) is amended to read as follows: ,64 Stat. 434; 70 Stat. 9 0 8. SEC. 12. I he Secretary ot the Interior is authorized to cooperate with the Secretary of Agriculture of Puerto Rico, the Governor of Guam, the Governor of American Samoa, and the Governor of the Virgin Islands, in the conduct of fish restoration and management projects, as defined in section 2 of this Act, upon such terms and con- 16 USC 7 7 7 a. ditions as he shall deem fair, just, and equitable, and is authorized to apportion to Puerto Rico, Guam, American Samoa, and the Virgin Islands, out of money available for apportionment under this Act, such sums as he shall determine, not exceeding for Puerto Rico 1 per centum, for Guam one-third of 1 per centum, for American Samoa one-third of 1 per centum, and for the Virgin Islands one-third of 1 per centum of the total amount apportioned in any one year, but the Secretary shall in no event require any of said cooperating agencies

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Citation of title.

PUBLIC LAW 91-504-OCT. 23, 1970

[84 STAT.

to pay an amount which will exceed 25 per centum of the cost of any project. Any unexpended or unobligated balance of any apportionment made pursuant to this section shall be made available for expenditure in Puerto Eico, Guam, or the Virgin Islands, as the case may be, in the succeeding year, on any approved projects, and if unexpended or unobligated at the end of such year is authorized to be made available for expenditure by the Secretary of the Interior in carrying on the research program of the Fish and Wildlife Service in respect to fish of material value for sport or recreation." SEC. 204. This title may be cited as the "Federal Aid in Fish Restoration Act Amendments of 1970". Approved October 23, 1970.

Public Law 91-504 AN ACT To designate certain lands as wilderness.

October 23, 1970 [S.3014] Wilderness areas. Designation.

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

DESIGNATION OF WILDERNESS AREAS WITHIN NATIONAL WILDLIFE REFUGES

1. I n accordance with section 3(c) of the Wilderness Act (78 Stat. 890; 16 U.S.C. 1132(c)), the following lands are hereby designated as wilderness: (a) certain lands in the (1) Bering Sea, Bogoslof, and Tuxedni National Wildlife Refuges, Alaska, which comprise about fortyone thousand one hundred and thirteen acres, three hundred and ninety acres, and six thousand four hundred and two acreSj respectively, and which are depicted on maps entitled "Bering Sea Wilderness—Proposed", and "Bogoslof Wilderness—Proposed", and "Tuxedni Wilderness—Proposed", dated August 1967, and (2) the lands comprising the Saint Lazaria, Hazy Island, and Forrester Island National Wildlife Refuges, Alaska, which comprise about sixty-two acres, forty-two acres, and two thousand six hundred and thirty acres, respectively, and which are depicted on maps entitled "Southeastern Alaska Proposed Wilderness Areas", dated August 1967, which shall be known as the "Bering Sea Wilderness", "Bogoslof Wilderness", "Tuxedni Wilderness", "Saint Lazaria Wilderness", "Hazy Islands Wilderness", and "Forrester Island Wilderness", respectively; (b) certain lands in the (1) Three Arch Rocks and Oregon Islands National Wildlife Refuges, Oregon, which comprise about seventeen acres and twenty-one acres, respectively, ana which are depicted on maps entitled "Three Arch Rocks Wilderness—Proposed", and "Oregon Islands Wilderness—Proposed", dated July 1967, and (2) the lands comprising the Copalis, Flattery Rocks, and Quillayute Needles National Wildlife Refuges, Washington, which comprise about five acres, one hundred and twenty-five acres, and forty-nine acres, respectively, and which are depicted on a map entitled "Washington Islands Wilderness—Proposed", dated August 1967, as revised January 1969, which shall be known as "Three Arch Rocks Wilderness", "Oregon Islands Wilderness", and "Washington Islands Wilderness", respectively; (c) certain lands in the Bitter Lake National Wildlife Refuge, New Mexico, which comprise about eight thousand five hundred SECTION

Bering Sea. Bogoslof. Tuxedni. Saint Lazaria. Hazy Islands. Forrester Island.

Three Arch. Rocks. Oregon Islands. Washington Islands.

Salt Creek.

of the

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acres and which are depicted on a map entitled "Salt Creek Wilderness—Proposed", and dated August 1967, which shall be known as the "Salt Creek Wilderness"; By (d) certain lands in (1) the Island Bay and Passage Key Island g e aK.e y. Passa National Wildlife Refuges, Florida, which comprise about twenty Wichita Moun* acres each and which are depicted on maps entitled "Island Bay tains Wilderness—Proposed" and "Passage Key Wilderness—Proosed", dated August 1967, and (2) the Wichita Mountains ational Wildlife Refuge, Oklahoma, which comprise about eight thousand nine hundred acres and which are depicted on a map entitled "Wichita Mountains Wilderness—Proposed", dated October 1967, which shall be known as "Island Bay Wilderness", "Passage Key Wilderness", and "Wichita Mountains Wilderness", respectively; Seney, (e) certain lands in (1) the Seney, Huron Islands, and Michi- Huron Islands. gan Islands National Wildlife Refuges, Michigan, which comprise Michigan I s about twenty-five thousand one hundred and fifty acres, one hun- lands. Wisconsin I s dred and forty-seven acres, and twelve acres, respectively, and lands. which are depicted on maps entitled "Seney Wilderness—Pro- Moosehorn. posed", "Huron Islands Wilderness—Proposed", and "Michigan Islands Wilderness—Proposed", (2) the Gravel Island and Green Bay National Wilderness Refuges, Wisconsin, which comprise about twenty-seven acres and two acres, respectively, and which are depicted on a map entitled "Wisconsin Islands Wilderness— Proposed", and (3) the Moosehorn National Wildlife Refuge, Maine, which comprise about two thousand seven hundred and eighty-two acres and which are depicted on a map entitled "Edmunds Wilderness and Birch Islands Wilderness—Proposed", all said maps being dated August 1967, which shall be known as "Seney Wilderness", "Huron Islands Wilderness", "Michigan Islands Wilderness", "Wisconsin Islands Wilderness", and "Moosehorn Wilderness", respectively; (f) certain lands in the Pelican Island National Wildlife Ref- P e l i c a n Island. uge, Florida, which comprise about three acres and which are depicted on a map entitled "Pelican Island Wilderness—Proposed" and dated August 1970, which shall be known as the "Pelican Island Wilderness"; and (g) certain lands in the Monomoy National Wildlife Refuge, Monomoy. Massachusetts, which comprise about two thousand six hundred acres but excepting and excluding therefrom two tracts of land containing approximately ninety and one hundred and seventy acres, respectively and which are depicted on a map entitled "Monomoy Wilderness—Proposed" and dated August 1970, which shall be known as the "Monomoy Wilderness".

S

DESIGNATION O F WILDERNESS AREAS W I T H I N N A T I O N A L P A R K S A N D MONUMENTS

SEC. 2. In accordance with section 3(c) of the Wilderness Act (78 Stat. 890; 16 U.S.C. ill32(c)), the following lands are hereby designated as wilderness: (a) certain lands in the Craters of the Moon National Monu- Craters ment, which comprise about forty-three thousand two hundred '^°°" and lorty-three acres and which are depicted on a map entitled

of the

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Petrified Forest.

PUBLIC LAW 91-505-OCT. 23, 1970

[84 STAT.

"Wilderness Plan, Craters of the Moon National Monument, Idaho", numbered 131-91,000 and dated March 1970, which shall be known as the "Craters of the Moon National Wilderness Area"; (b) certain lands in the Petrified Forest National Park, which comprise about fifty thousand two hundred and sixty acres and which are depicted on a map entitled "Kecommended Wilderness, Petrified Forest National Park, Arizona", numbered N P - P F 3320-O and dated November 1967, which shall be known as the "Petrified Forest National Wilderness Area". DESIGNATION OF WILDERNESS AREAS WITHIN NATIONAL, FORESTS

Mount Baldy.

Maps and descriptions, filing with congressional committees.

Administration. 78 Stat. 890. 16 USC 1131 note.

SEC. 3. I n accordance with section 3(b) of the Wilderness Act (78 Stat. 890; 16 U.S.C. 1132(b)), the following lands are hereby designated as wilderness: the area classified as the Mount Baldy Primitive Area with the proposed additions thereto and deletions therefrom, as generally depicted on a map entitled "Proposed Mount Baldy Wilderness", dated April 1, 1966, comprising an area of approximately seven thousand acres, within and as a part of the Apache National Forest, in the State of Arizona. SEC. 4. As soon as practicable after this Act takes effect, a map and a legal description of each wilderness area shall be filed with the Interior and Insular Affairs Committees of the United States Senate and the House of Representatives, and such description shall have the same force and effect as if included in this Act: Provided, however. That correction of clerical and typographical errors in such legal description and map may be made. SEC. 5. Wilderness areas designated by or pursuant to this Act shall be administered in accordance with the provisions of the Wilderness Act governing areas designated by that Act as wilderness areas, except that any reference in such provisions to the effective date of the Wilderness Act shall be deemed to be a reference to the effective date of this Act, and any reference to the Secretary of Agriculture shall be deemed to be a reference to the Secretary who has administrative jurisdiction over the area. Approved October 23, 1970.

Public Law 91-505 AN ACT October 23, 1970 [H.R. 15405] To render the assertion of land claims by the United States based upon accretion or avulsion subject to legal and equitable defenses to which private persons asserting such claims would be subject. Riverside County land tract, Calif. Equitable settlement between U.S. and private parties.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the United States shall be subject to all legal and equitable defenses which are available against a private party litigant under the laws of the State in which the subject real property is located on the date of enactment of this Act in any case wherein the United States seeks to establish title to land or seeks to obtain relief dependent on ownership of such lands and (1) such title or ownership is claimed on the basis of accretion or avulsion, (2) the lands to which the United States seeks title or ownership are not necessary to provide riparian frontage to other contiguous lands owned by the United States, (3) the facts upon which the United

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States bases its claim of accretion or avulsion occurred more than forty years prior to the effective date of this Act, (4) the defendant has paid real property taxes on the disputed lands on the same basis as other owners of fee lands within the same taxing jurisdiction, (5) defendants claim title to the disputed lands or lands to which the disputed lands are claimed to have accreted by chains of title deriving from a conveyance from the State or Federal Government or a political agency or subdivision thereof, and (6) a reasonably prudent man would have believed that, when he acquired title to the real property in question, he had obtained title free of the likelihood of any claim by the United States Government, any State, or any private person, but in no event shall the provisions of this Act apply to any land other than that land situated in Riverside County, California, within three miles of any portion of the Colorado River between river points 13.00 and 13.17, as defined in the interstate compact defining the boundary between the States of Arizona and California (80 Stat. 340). SEC. 2. For purposes of determining the date of acquisition of title ti^'^dated'^ter"! to the real property in question by a private party litigant, his date of mination, acquisition of title shall be deemed that of the earliest date when he first acquired title to the real property and for purposes of determining said acquisition and ownership of stock or real property under this Act— (A) ownership by any person related by blood or marriage to another shall be deemed ownership by the other; (B) ownership by an estate or trustee shall be deemed ownership by the decedent or grantor of the trust, respectively; (C) ownership by a corporation shall be deemed ownership by its transferor or transferors: Provided, That (1) at least 50 per centum of the stock of the corporation was owned by all transferors immediately after the transfer or (2) the corporation acquired the real property in question pursuant to a transaction where said real property was transferred solely in exchange for stock in such corporation and immediately after the transfer all corporations and persons transferring any property to the transferee corporation owned at least 80 per centum of the shares of the transferee corporation; (D) ownership by a corporation shall be deemed ownership as tenants in common by each of its shareholders who own at least 10 per centum of the outstanding stock of the corporation; and (E) property or stock acquired or held by tenants in common, joint tenants or persons associated together in business shall be deemed to be and have been entirely owned by either party so long as owned by any or all of them. SEC. 3. The application of the attribution rules once shall not preclude any number of subsequent applications of the attribution rules set forth in section 2 of this Act. SEC. 4. The provisions of this Act shall apply in any case with respect Applicability,. to which an action has been brought by the United States before the date of the enactment of this Act, only if such action has not been concluded by a final determination by the trial court or by such appellate courts as may review the action of the trial court in those actions wherein review by such courts is or has been timely sought. Approved October 23, 1970.

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PUBLIC LAW 91-506-OCT. 23, 1970

[84

STAT.

Public Law 91-506 October 23, 1970 [ H. R. 16710]

Veterans ' Housing Act of 1970. 75 Stat. 2 0 1. 81 Stat. 190.

Expired loan entitlement, r e s toration.

72 Stat. 1205.

Post,

p. 1110.

80 Stat. 2 5.

72 Stat. 1207.

AN ACT To amend chapter 37 of title 38, United States Code, to authorize guaranteed and direct loans to eligible veterans for mobile homes and lots therefor if used as permanent dwellings, to remove the time limitation on the use of entitlement to benefits under such chapter, and to restore such entitlements which have lapsed prior to use or expiration, to eliminate the guaranteed and direct loan fee collected under such chapter, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled.) That this Act may be cited as the "Veterans' Housing Act of 1970". SEC. 2. (a) Section 1802(b) of title 38, United States Code, is amended b_^ striking out the last sentence thereof. (b) Section 1803 of such title is amended by striking out subsection (a) and inserting in lieu thereof the following: " (a)(1) Any loan to a World W a r II or Korean conflict veterah, if made for any of the purposes, and in complianqe with the provisions, specified in this chapter is automatically guaranteed by the United States in an amount not more than 60 per centum of the loan if the loan is made for any of the purposes specified in section 1810 of this title and not more than 50 per centum of the loan if the loan is for any of the purposes specified in section 1812, 1813, or 1814 of this title. "(2) Any unused entitlement of World War II or Korean conflict veterans which expired under provisions of law in effect prior to the date of enactment of the Veterans' Housing Act of 1970 is hereby restored and shall not expire until used." (c) Section 1803 of such title is amended—• (1) by striking out "1810 and 1811" in subsection (b) and inserting in lieu thereof "1810, 1811, and 1819"; and (2) by inserting immediately after "years" in the first sentence of subsection (d)(1) the following: "except as provided in section 1819 of this title". (d) Subsection (b) of section 1804 of such title is amended by striking out "The" and inserting in lieu thereof "Subject^to notice and opportunity for a hearing, the"; and subsection (d) of such section is amended by striking out "Whenever" and inserting in lieu thereof "Subject to notice and opportunity for a hearing, whenever". (e) Section 1818 of such title is amended by striking out subsections (c), (d), and (e) and inserting in lieu thereof the following: "(c) Notwithstanding the exception in subsection (a) of this section, entitlement derived under such subsection (a) shall include eligibility for any of the purposes specified in sections 1813 and 1815, and business loans under section 1814 of this title, if (1) the veteran previously derived entitlement to the benefits of this chapter based on service during World W a r II or the Korean conflict, and (2) he has not used any of his entitlement derived from such service. " (d) Any entitlement to the benefits of this section which had not expired as of the date of enactment of the Veterans' Housing Act of 1970 and any entitlement to such benefits accruing after such date shall not expire until used." SEC. 3. Section 1810 of title 38, United States Code, is amended by(1) adding the following new clause after clause (4) of subsection (a): " (5) To refinance existing mortgage loans or other liens which are secured of record on a dwelling or farm residence owned and occupied by him as his home. Nothing in this chapter shall preclude a veteran from paying to a lender any discount required by such lender in connection with such refinancing."; and

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 THE EUROPEAN SKY-GOD.

BY ARTHUR BERNARD COOK.

a series of six articles contributed to The Classical Review, 1903-1904, under the title of "Zeus, Jupiter, and the Oak," I attempted to determine the original character of the chief Græco-Italic deity and the nature of his cult. The materials that I accumulated for this purpose, when pieced together, formed a reconstruction so unorthodox in its outlines that I should have hesitated to publish it, had I not found that in several important points it agreed well wath the main argument of Dr. Frazer's Golden Bough. Encouraged by this support I pushed on; and further study has convinced me that my conclusions with regard to Zeus and Jupiter hold good for the corresponding gods of the Celtic, the Germanic, and the Letto-Slavonic peoples, if not for those of all branches of the Indo-European stock. I must, however, at the outset frankly confess that beyond the limits of the classical field I have no claim to speak as an expert. Scholars who have specialised in any of the mythologies of northern Europe will, I doubt not, find much to criticise in my remarks. Indeed, it is precisely in order to "draw the fire" of such criticism and thus to test the validity of my hypothesis that I have ventured to put pen to paper. I propose, first to restate with some modifications) my general conclusions with respect to the ancient Greeks and Italians, and then to deal with apparently similar phenomena among the Celts, Germans, Slavs, &c., in each case considering how far cults evidenced by the literature or the monuments or both afford a real analogy to the results obtained in the Græco-Italic area.


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(2) adding at the end of that section the following new subsection: " (d) Nothing in this chapter shall be deemed to preclude the guaranty of a loan to an eligible veteran to purchase a one-family residential unit to be owned and occupied by him as a home in a condominium housing development or project as to which the Secretary of Housing and Urban Development has issued, under section 234 of the National Housing Act, as amended (12 U.S.C. 1715y), evidence of insurance on at least one loan for the purchase of a one-family unit. The Administrator shall guarantee loans to veterans on such residential units when such loans meet those requirements of this chapter which he shall, by regulation, determine to be applicable to such loans." SEC. 4. Section 1811 of title 38, United States Code, is amended— (1) by striking out "1810" in subsection (a) and (b) inserting in lieu thereof: "1810 or 1819"; (2) by striking out the second sentence of subsection (b) and inserting in lieu thereof the following: "He shall, with respect to any such area, make, or enter into commitments to make, to any veteran eligible under this title, a loan for any or all of the purposes described in section 1810(a) or 1819 of this title."; (3) by inserting after "guaranteed home loans" the phrase "or mobile home loans, as appropriate" in subsection (c)(1), and by striking out in such subsection "1810 of this title" and inserting in lieu thereof "1810 or 1819 of this title, as appropriate"; (4) by inserting after "guaranteed home loans" in subsection (d)(1) the phrase "or mobile home loans, as appropriate"; (5) by striking out "The" in subsection (d)(2) and inserting in lieu thereof " (A) Except for any loan made under this chapter for the purposes described in section 1819 of this title, the"; (6) by inserting immediately after subsection (d)(2) (as amended by clause (4) above) the following new paragraph: " (B) The original principal amount of any loan made under this section for the purposes described in section 1819 of this title shall not exceed the amount specified by the Administrator pursuant to subsection (d) of such section."; (7) by striking out "1810 of this title" in subsection (g) and inserting in lieu thereof "1810 or 1819 of this title, as appropriate"; and (8) by striking out subsections (h), (i), and (j) and inserting in lieu thereof the following: " (h) The Administrator may exempt dwellings constructed through assistance provided by this section from the minimum land planning and subdivision requirements prescribed pursuant to subsection (a) of section 1804 of this title, and with respect to such dwellings may prescribe special minimum land planning and subdivision requirements which shall be in keeping with the general housing facilities in the locality but shall require that such dwellings meet minimum requirements of structural soundness and general acceptability. "(i) The Administrator is authorized, without regard to the provisions of subsections (a), (b), and (c) of this section, to make or enter into a commitment to make a loan to any veteran to assist the veteran in acquiring a specially adapted housing unit authorized under chapter 21 of this title, if the veteran is determined to be eligible for the benefits of such chapter 21, and is eligible for loan guaranty benefits under this chapter. " (j)(l) If any builder or sponsor proposes to construct one or more dwellings in a housing credit shortage area, or in any area for

1109

yg^ltatrVso^-"' 83 stat! 334'

^2 Stat. 1208. ^°«'. P- " l o.

^^ Stat. 330.=

Minimum land me^iTsrexe^i^tion authority.

di^awd^ ^"^ ^° ^ ^* erans. ya^stauVyV-^posf p. ma*. asuscsoi.

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[84 STAT.

a veteran who is determined to be eligible for assistance in acquiring a 73^stft^*'7y-^^' specially adapted housing unit under chapter 21 of this title, the p. 1113*. ' °^' Administrator may enter into commitment with such builder or spon38 USC 801. sor, under which funds available for loans under this section will be reserved for a period not in excess of three months, or such longer period as the Administrator may authorize to meet the needs in any particular case, for the purpose of making loans to veterans to purchase such dwellings. Such commitment may not be assigned or transferred except with the written approval of the Administrator. The Administrator shall not enter into any such commitment unless such builder or sponsor pays a nonrefundable commitment fee to the Administrator in an amount determined by the Administrator, not to exceed 2 per centum of the funds reserved for such builder or sponsor. "(2) Whenever the Administrator finds that a dwelling with respect to which funds are being reserved under this subsection has been sold, or contracted to be sold, to a veteran eligible for a direct loan under this section, the Administrator shall enter into a commitment to make the veteran a loan for the purchase of such dwelling. With respect to any loan made to an eligible veteran under this subsection, the Administrator may make advances during the construction of the dwelling, up to a maximum in advances of (A) the cost of the land plus (B) 80 per centum of the value of the construction in place." 72 Stat, 1207; gSEC. 5. Subchapter II of chapter 37 of title 38, United States Code, 38 USC 1*810. IS amended by adding at the end thereof the following new section: " (a) Notwithstanding any other provision of this chapter, any veteran eligible for loan guaranty benefits under this chapter who has maximum home loan guaranty entitlement available for use shall be eligible for the mobile home loan guaranty benefit under this section. Use of the mobile home loan guaranty benefit provided by this section shall preclude the use of any home loan guaranty entitlement under any other section of this chapter until the mobile home loan guaranteed under this section has been paid in full. "(b) Subject to the limitations in subsection (d) of this section, a loan to purchase a mobile home under this section may include (or be augmented by a separate loan for)(1) an amount to finance the acquisition of a lot on which to place such home, and (2) an additional amount to pay expenses reasonably necessary for the appropriate preparation of such a lot, including, but not limited to, the installation of utility connections, sanitary facilities and paving, and the construction of a suitable pad. "(c)(1) Any loan to a veteran eligible under subsection (a) shall be guaranteed by the Administrator if (1) the loan is for the purpose of purchasing a new mobile home or for the purchase of a used mobile home which is the security for a prior loan guaranteed or made under this section or for a loan guaranteed, insured or made by another Federal agency, and (2) the loan complies in all other respects with the requirements of this section. Loans for such purpose (including those which will also finance the acquisition of a lot or site preparation as authorized by subsection (b) of this section) shall be submitted to the Administrator for approval prior to loan closing except that the Administrator may exempt any lender of a class listed in section 72 Stat. 1204; 1802(d) of this title from compliance with such prior approval 73 Stat. 156. requirement if he determines that the experience of such lender or class of lenders in mobile home financing warrants such exemption. "(2) Upon determining that a loan submitted for prior approval
 * § 1819. Loans to purchase mobile homes and mobile home lots

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is eligible for guaranty under this section, the Administrator shall issue a commitment to guarantee such loan and shall thereafter guarantee the loan when made if such loan qualifies therefor in all respects. "(3) The Administrator's guaranty shall not exceed 30 per centum of the loan, including any amount for lot acquisition and site preparation, and payment of such guaranty shall be made only after liquidation of the.security for the loan and the filing of an accounting with the Administrator. In any such accounting the Administrator shall permit to be included therein accrued unpaid interest from the date of the first uncured default to such cutoff date as the Administrator may establish, and he shall allow the holder of the loan to charge against the liquidation or resale proceeds, accrued interest from the cutoff date established to such further date as he may determine and such costs and expenses as he determines to be reasonable and proper. The liability of the United States under the guaranty provided for by this section shall decrease or increase pro rata with any decrease or increase of the amount of the unpaid portion of the obligation. " (d)(1) The Administrator shall establish a loan maximum for each type of loan authorized by this section. I n the case of a new mobile home, the Administrator may establish a maximum loan amount based on the manufacturer's invoice cost to the dealer and such other cost factors as the Administrator considers proper to take into account. In the case of a used mobile home, the Administrator shall establish a maximum loan amount based on his determination of the reasonable value of the property. In the case of any lot on which to place a mobile home financed through the assistance of this section and in the case of necessary site preparation, the loan amount shall not be increased by an amount in excess of the reasonable value of such lot or an amount appropriate to cover the cost of necessary site preparation or both, as determined by the Administrator. "(2) The maximum permissible loan amounts and the term for which the loans are made shall not exceed— " (A) $10,000 for twelve years and thirty-two days in the case of a loan covering the purchase of a mobile home only, and such additional amount as is determined by the Administrator to be appropriate to cover the cost of necessary site preparation where the veteran owns the lot, or " (B) $15,000 (but not to exceed $10,000 for the mobile home) for fifteen years and thirty-two days in the case of a loan covering the purchase of a mobile home and an undeveloped lot on which to place such home, and such additional amount as is determined by the Administrator to be appropriate to cover the cost of necessary site preparation, or '^(C) $17,500 (but not to exceed $10,000 for the mobile home) for fifteen years and thirty-two days in the case of a loan covering the purchase of a mobile home and a suitably developed lot on which to place such home. "(3) Such limitations set forth in paragraph (2) of this subsection on the amount and term of any loan shall not be deemed to preclude the Administrator, under regulations which he shall prescribe, from consenting to necessary advances for the protection of the security or the holder's lien, or to a reasonable extension of the term or reamortization of such loan. "(e) No loan shall be guaranteed under this section unless— "(1) the loan is repayable in approximately equal monthly installments;

47-348 O - 72 - 74 (Pt. 1)

1111

Maximum loan amounts.

Conditions.

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Interest rate.

Regulations.

Standards, compliance.

Written warranty.

PUBLIC LAW 91-506-OCT. 23, 1970

[84

STAT.

"(2) the terms of repayment bear a proper relationship to the veteran's present and anticipated income and expenses, and the veteran is a satisfactory credit risk, taking into account the purpose of this program to make available lower cost housing to low and lower income veterans, especially those who have been recently discharged or released from active military, naval, or air service, who may not have previously established credit ratings; "(3) the loan is secured by a first lien on the mobile home and any lot acquired or improved with the proceeds of the loan; "(4) the amount of the loan, subject to the maximums established in subparagraph (d) of this section, is not in excess- of the maximum amount prescribed by the Administrator; "(5) the veteran certifies, in such form as the Administrator shall prescribe, that he will personally occupy the property as his home; " (6) the mobile home is or will be placed on a site which meets specifications which the Administrator shall establish by regulation; and "(7) the interest rate to be charged on the loan does not exceed the permissible rate established by the Administrator. " (f) The Administrator shall establish such rate of interest for mobile home loans as he determines to be necessary in order to assure a reasonable supply of mobile home loan financing for veterans under this section. " (g) Entitlement to the loan guaranty benefit used under this section shall be restored a single time for any veteran by the Administrator provided the first loan has been repaid in full. " (h) The Administrator shall promulgate such regulations as he determines to be necessary or appropriate in order to fully implement the provisions of this section, and such regulations may specify which provisions in other sections of this chapter he determines should be applicable to loans guaranteed or made under this section. The Administrator shall have such powers and responsibilities in respect to matters arising under this section as he has in respect to loans made or guaranteed or under other sections of this chapter. "(i) No loan for the purchase of a mobile home shall be guaranteed under this section unless the mobile home and lot, if any, meet or exceed standards for planning, construction, and general acceptability as prescribed by the Administrator. Such standards shall be designed to encourage the maintenance and development of sites for mobile homes which will be attractive residential areas and which will be free from, and not substantially contribute to, adverse scenic or environmental conditions. For the purpose of assuring compliance with such standards, the Administrator shall from time to time inspect the manufacturing process of mobile homes to be sold to veterans and conduct random onsite inspections of mobile homes purchased with assistance under this chapter. "(j) The Administrator shall require the manufacturer to become a warrantor of any new mobile home which is approved for purchase with financing through the assistance of this chapter and to furnish to the purchaser a written warranty in such form as the Administrator shall require. Such warranty shall include (1) a specific statement that the mobile home meets the standards prescribed by the Administrator pursuant to the provisions of subsection (i) of this section; and (2) a provision that the warrantor's liability to the purchaser or owner is limited under the warranty to instances of substantial non-

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PUBLIC LAW 91-506-OCT. 23, 1970

conformity to such standards which become evident within one j^ear from date of purchase and as to which the purchaser or owner gives written notice to the warrantor not later than ten days after the end of the warranty period. The warranty prescribed herein shall be in addition to, and not in derogation of, all other rights and privileges which such purchaser or owner may have under any other law or instrument and shall so provide in the warranty document. " (k) Subject to notice and opportunity for a hearing, the Administrator is authorized to deny guaranteed or direct loan financing in the case of mobile homes constructed by any manufacturer who refuses to permit the inspections provided for in subsection (i) of this section; or in the case of mobile homes which are determined by the Administrator not to conform to the aforesaid standards; or where the manufacturer of mobile homes fails or is unable to discharge his obligations under the warranty. " (1) Subject to notice and opportunity for a hearing, the Administrator may refuse to approve as acceptable any site in a mobile home park or subdivision owned or operated by any person whose rental or sale methods, procedures, requirements, or practices are determined by the Administrator to be unfair or prejudicial to veterans renting or purchasing such sites. The Administrator may also refuse to guarantee or make direct loans for veterans to purchase mobile homes offered for sale by any dealer if substantial deficiencies have been discovered in such homes, or if he determines that there has been a failure or indicated inability of the dealer to discharge contractual liabilities to veterans, or that the type of contract of sale or methods, procedures, or practices pursued by the dealer in the marketing of such properties have been unfair or prejudicial to veteran purchasers. " (m) The Administrator's annual report to Congress shall, beginning 12 months following the date of enactment of the Veterans' Housing Act of 1970, include a report on operations under this section, including the results of inspections required by subsection (i) of this section, experience with compliance with the warranty required by subsection (j) of this section, and the experience regarding defaults and foreclosures. " (n) The provisions of section 1804(d) and section 1821 of this chapter shall be fully applicable to lenders making guaranteed mobile home loans and holders of such loans. "(o) No loans shall be guaranteed or made by the Administrator under the provisions of this section on and after July 1, 1975, except pursuant to commitments issued prior to such date." SEC. 6. Clause (3) of section 802 of title 38, United States Code, is amended to read as follows: "(3) where the veteran elects to remodel a dwelling which is not adapted to the requirements of his disability, acquired by him prior to application for assistance under this chapter, the Administrator shall pay not to exceed (A) the cost to the veteran of such remodeling; or (B) 50 per centum of the cost to the veteran of such remodeling; plus the smaller of the following sums: (i) 50 per centum of the cost to the veteran of such dwelling and the necessary land upon which it is situated, or (ii) the full amount of the unpaid balance, if any, of the cost to the veteran of such dwelling and the necessary land upon which it is situated; and".

Report to Congress.

72 Stat. 1206; 73 Stat. 156. Termination date.

Assistance, limitation. 72 Stat. 1168.

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[84 STAT.

SEC. 7. The table of sections at the beginning of chapter 37 of title 38 is amended by inserting immediately after "1818. Veterans who serve after January 31, 1955."

the following: "1819. Loans to purchase mobile homes and mobile home lots." Effective date.

SEC. 8. Section 5 of this Act shall become effective sixty days following the date of enactment. Approved October 23, 1970.

Public Law 91-507 October 26, 1970 JOINT RESOLUTION [ s. j. Res. 223] To authorize and request the President to issue a proclamation designating January 1971 as "National Blood Donor Month". National Blood Donor Month. Proclamation.

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That, in recognition of the vital contribution of the voluntary blood donor to medical care, the President is authorized and requested to issue a proclamation designating the month of January 1971 as "National Blood Donor Month", and calling upon the people of the United States and interested groups and organizations to observe such month with appropriate ceremonies and activities. Approved October 26, 1970.

Public Law 91-508 October 26, 1970 [H. R. 15073]

Federal Deposit Insurance Act, amendments.

AN ACT To amend the Federal Deposit Insurance Act to require insured banks to maintain certain records, to require that certain transactions in United States currency be reported to the Department of the Treasury, and for other purposes.

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

of the

TITLE I—FINANCIAL EECORDKEEPING Chapter

Sec.

1. INSURED B A N K S AND INSURED INSTITUTIONS 2. OTHER F I N A N C I A L INSTITUTIONS

101 121

Chapter 1.—INSURED B A N K S A N D I N S U R E D INSTITUTIONS Sec.

101. Retention of records by insured banks. 102. Retention of records by insured institutions.

64 Stat. 8 9 3; 81 Stat. 6 1 0. 12 USC 1830, 1831.

§ 101. Retention of records by insured banks The Federal Deposit Insurance Act is amended (1) by redesignating sections 21 and 22 as 22 and 23, respectively, and (2) by inserting the following new section immediately after section 20: "SEC. 21. (a)(1) The Congress finds that adequate records maintained by insured banks have a high degree of usefulness in criminal, tax, and regulatory investigations and proceedings. The Congress further finds that microfilm or other reproductions and other records made by banks of checks, as well as records kept by banks of the identity of persons maintaining or authorized to act with respect to accounts therein, have been of particular value in this respect.

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" (2) I t IS the purpose of this section to require the maintenance of appropriate types of records by insured banks in the United States where such records have a high degree of usefulness in criminal, tax, or regulatory investigations or proceedings. "(b) Where the Secretary of the Treasury (referred to in this section as the 'Secretary') determines that the maintenance of appropriate types of records and other evidence by insured banks has a high degree of usefulness in criminal, tax, or regulatory investigations or proceedings, he shall prescribe regulations to carry out the purposes of this section. "(c) Each insured bank shall maintain such records and other evidence, in such form as the Secretary shall require, of the identity of each person having an account in the United States with the bank and of each individual authorized to sign checks, make withdrawals, or otherwise act with respect to any such account. The Secretary may Exemptions. make such exemptions from any requirement otherwise imposed under this subsection as are consistent with the purposes of this section. " (d) Each insured bank shall make, to the extent that the regulations of the Secretary so require— "(1) a microfilm or other reproduction of each check, draft, or similar instrument drawn on it and presented to it for payment; and "(2) a record of each check, draft, or similar instrument received by it for deposit or collection, together with an identification of the party for whose account it is to be deposited or collected, unless the bank has already made a record of the party's identity pursuant to subsection (c). " (e) Whenever any individual engages (whether as principal, agent, or bailee) in any transaction with an insured bank which is required to be reported or recorded under the Currency and I'oreign Transactions Reporting Act, the bank shall require and retain such evidence ^"^t, p. i n s. of the identity of that individual as the Secretary may prescribe as appropriate under the circumstances. "(f) In addition to or in lieu of the records and evidence otherwise referred to in this section, each insured bank shall maintain such records and evidence as the Secretary may prescribe to carry out the purposes of this section. "(g) Any type of record or evidence required under this section shall be retained for such period as the Secretary may prescribe for the type in question. Any period so prescribed shall not exceed six 3^ears unless the Secretary determines, having regard for the purposes of this section, that a longer period is necessary in the case of a particular type of record or evidence. " (h) The Secretary shall include in his annual report to the Con- Report to congress information on his implementation of the authority conferred ^'•®^^* by this section and any similar authority with respect to recordkeeping or reporting requirements conferred by other provisions of law."

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48 Stat. 1255;

81 Stat. 6 1 1. 12 USC 1724.

Ante, p. 1114.

PUBLIC LAW 91-508-OCT. 26, 1970

[84 STAT.

§ 102. Retention of records by insured institutions Title IV of the National Housing Act is amended by adding at the end thereof the following new section: "SEC. 411. The Secretary of the Treasury shall prescribe such regulations as may be appropriate to carry out, with respect to insured institutions, the purposes set forth in section 21 of the Federal Deposit Insurance Act with respect to insured banks." Chapter 2.—0THER FINANCIAL INSTITUTIONS Sec.

121. 122. 133. 124. 125. 126. 127. 128. 129.

Congressional findings and purpose. Authority of Secretary with respect to reports on ownership and control. Authority of Secretary with respect to recordkeeping and procedures. Injunctions. Civil penalties. Criminal penalty. Additional criminal penalty in certain cases. Compliance. Administrative procedure.

§ 121. Congressional findings and purpose (a) The Congress finds that certain records maintained by businesses engaged in the functions described in section 123(b) of this Act have a high degree of usefulness in criminal, tax, and regulatory investigations and proceedings. The Congress further finds that the power to require reports of changes in the ownership, control, and managements of types of financial institutions referred to in section 122 of this Act may be necessary for the same purpose. (b) I t is the purpose of this chapter to require the maintenance of appropriate types of records and the making of appropriate reports by such businesses in the United States where such records or reports have a high degree of usefulness in criminal, tax, or regulatory investigations or proceedings. § 122. Authority of Secretary with respect to reports on ownership and control Where the Secretary determines that the making of appropriate reports by uninsured banks or uninsured institutions of any type with respect to their ownership, control, and managements and any changes therein has a high degree of usefulness in criminal, tax, or regulatory investigations or proceedings, he may by regulation require such banks or institutions to make such reports as he determines in respect of such ownership, control, and managements and changes therein. § 123. Authority of Secretary with respect to recordkeeping and procedures (a) Where the Secretary determines that the maintenance of appropriate records and procedures by any uninsured bank or uninsured institution, or any person engaging in the business of carrying on in the United States any of the functions referred to in subsection (b) of this section, has a high degree of usefulness in criminal, tax, or regulatory^ investigations or proceedings, he may by regulation require such bank, institution, or person—

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