text:
Page:United States Statutes at Large Volume 97.djvu/858

 97 STAT. 826 PUBLIC LAW 98-125—OCT. 13, 1983 Judgment payments. Fiscal year limitation. Overtime and temporary positions, cost limitation. Travel expenditure limitation. Employment limitation. D.C. annual budget, transmittal to Congress. except for operation in accordance with such system of uniform zones and rates and regulations applicable thereto as shall have been prescribed by the Public Service Commission. SEC. 107. There are appropriated from the applicable funds of the District of Columbia such sums as may be necessary for making refunds and for the payment of judgments which have been entered against the District of Columbia government: Provided, That noth- ing contained in this section shall be construed as modifying or affecting the provisions of section 11(c)(3) of title XII of the District of Columbia Income and Franchise Tax Act of 1947, approved March 31, 1956 (70 Stat. 78; D.C. Code 47-1812.11(c)(3)). SEC. 108. Appropriations in this Act shall be available for the payment of public assistance without reference to the requirement of section 544 of the District of Columbia Public Assistance Act of 1982, effective April 6, 1982 (D.C. Law 4-101; 29 DCR 1060), and for the non-Federal share of funds necessary to qualify for Federal assistance under the Juvenile Delinquency Prevention and Control Act of 1968, Public Law 90-445, approved July 31, 1968 (82 Stat. 462; 42 U.S.C.3801etseq.). SEC. 109. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein. SEC. 110. Not to exceed AV2 per centum of the total of all funds appropriated by this Act for personal compensation may be used to pay the cost of overtime or temporary positions. SEC. 111. The total expenditure of funds appropriated by this Act for authorized travel and per diem costs outside the District of Columbia, the State of Maryland, and the Commonwealth of Vir- ginia shall not exceed $300,000. SEC. 112. Appropriations in this Act shall not be available, during the fiscal year ending September 30, 1984, for the compensation of any person appointed to a permanent position in the District of Columbia government during any month in which the number of employees exceeds 30,417, the number of positions authorized by this Act. SEC. 113. No funds appropriated in this Act for the District of Columbia government for the operation of educational institutions, the compensation of personnel, or for other educational purposes may be used to permit, encourage, facilitate, or further partisan political activities. Nothing herein is intended to prohibit the avail- ability of school buildings for the use of any community or partisan political group during nonschool hours. SEC. 114. The annual budget for the District of Columbia govern- ment for the fiscal year ending September 30, 1985, shall be trans- mitted to the Congress by not later than April 15, 1984. SEC. 115. None of the funds appropriated in this Act shall be made available to pay the salary of any employee of the District of Columbia government whose name, title, grade, salary, past work experience, and salary history are not available for inspection by the House and Senate Committees on Appropriations or their duly authorized representatives. SEC. 116. There are appropriated from the applicable funds of the District of Columbia such sums as may be necessary for making payments authorized by the District of Columbia Revenue Recovery Act of 1977, effective September 23, 1977 (D.C. Law 2-20; D.C. Code 47-421 et seq.).

�


text:
Page:United States Statutes at Large Volume 97.djvu/859

 PUBLIC LAW 98-125—OCT. 13, 1983 97 STAT. 827 SEC. 117. None of the funds contained in this Act shall be made available to pay the salary of any employee of the District of Columbia government whose name and salary are not available for public inspection. SEC. 118. No part of this appropriation shall be used for publicity or propaganda purposes or implementation of any policy including boycott designed to support or defeat legislation pending before Congress or any State legislature. SEC. 119. None of the Federal funds provided in this Act shall be used to perform abortions except where the life of the mother would be endangered if the fetus were carried to term; or except for such medical procedures necessary for the victims of rape or incest, when such rape or incest has been reported promptly to a law enforce- ment agency or public health service. Nor are payments prohibited for drugs or devices to prevent implantation of the fertilized ovum, or for medical procedures necessary for the termination of an ectopic pregnancy. SEC. 120. At the start of the fiscal year, the Mayor shall develop an annual plan, by quarter and by project, for capital outlay borrow- ing from the United States Treasury: Provided, That within a reasonable time after the close of each quarter, the Mayor shall report to the Council of the District of Columbia and the Congress the actual borrowing and spending progress compared with projections. SEC. 121. The Mayor shall not borrow any funds for capital projects unless he has obtained prior approval from the Council of the District of Columbia, by resolution, identifying the projects and amounts to be financed with such borrowings. SEC. 122. The Mayor shall not expend any moneys borrowed for capital projects for the operating expenses of the District of Colum- bia government. SEC. 123. None of the funds appropriated in this Act may be used for the implementation of a personnel lottery with respect to the hiring of firefighters or police officers. SEC. 124. None of the funds appropriated by this Act may be obligated or expended by reprogramming except pursuant to ad- vance approval of the reprogramming granted according to the procedure set forth in the Joint Explanatory Statement of the Committee of Conference (House Report No. 96-443) which accompa- nied the District of Columbia Appropriation Act, 1980 (Public Law 96-93, approved October 30, 1979) (93 Stat. 713), as modified in House Report No. 98 -265, and in accordance with the Reprograming Policy Act of 1980, effective September 16, 1980 (D.C. Law 3-100; D.C. Code 47-361 et seq.). SEC. 125. None of the Federal funds provided in this Act shall be obligated or expended to provide a personal cook, chauffeur, or other personal servants to any officer or employee of the District of Columbia. SEC. 126. None of the Federal funds provided in this Act shall be obligated or expended to procure passenger automobiles as defined in the Automobile Fuel Efficiency Act of 1980, approved October 10, 1980 (94 Stat. 1824; 15 U.S.C. 2001(2)) with an Environmental Protec- tion Agency estimated miles per gallon average of less than 22 miles per gallon: Provided, That this section shall not apply to security, emergency rescue, or armored vehicles. SEC. 127. (a) Notwithstanding section 422(7) of the District of Columbia Self-Government and Governmental Reorganization Act, Congressional or State legislation, partisan publicity. Abortion funding. Borrowing and spending, report to Council of the District of Columbia and Congress. Capital project borrowing. Firefighters and police officers, hiring. Funds expended for reprogram ming. Passenger automobiles, procurement. 15 USC 1901 note. City Admi nistrator, compensation.

�

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


text:
Page:Second Geological Survey of Pennsylvania Report of Progress PPP.djvu/23

 size, less conspicuous and differently located nodes, and in the more simple character of the ornamentation.

This well-marked species occurs in the shales of the Hamilton group at several localities in the central portion of the State of New York. It is here introduced for the sake of comparison, and for a better elucidation of the characters of the following species. I am indebted to Professor James Hall, for the permission to examine and figure specimens of this species, belonging to the New York State Museum, at Albany. These collections furnish conclusive evidence of the identity of the abdomen and telson, referred to Ceratiocaris armatus, with the carapace described as ''Ceratiocaris? punctatus''.

The specimen Fig. 16, Plate I, is the only one yet observed in this genus showing the mandibles and their position. In 1865 Professor Henry Woodward, of the British Museum, described and figured a specimen of Ceratiocaris papilio which preserved the mandibles and showed the position which they occupy in the carapace. These two examples add materially to our knowledge of the characters of this group, and with the nearly entire specimens described in this and in the succeeding species, furnish us with material for a comparison with their recent ally—Nebalia.

Some of the specimens are covered with numerous examples of a small species of Crania, which from the perfect preservation of the Echinocaris were probably attached during the life of the crustacean. The shales carrying these remains are highly charged with other fossils, among which are fragments of fishes, Beyrichia, Leperditia, Phacops, Homalonotus, Orthoceras, Nautilus, Loxonema, Pleurotomaria, Bellerophon, Platyostoma, numerous species and genera of lamellibranchiata, with a few species of brachiopods and bryozoans.

Associated with numerous specimens of E. punctata are frequently found mandibles or jaws of the form represented in Figs. 9–11 of Plate II. These are evidently of crustacean origin and although somewhat similar in form to the mandibles undoubtedly belonging to E. punctata, they probably


text:
Page:United States Statutes at Large Volume 97.djvu/860

 97 STAT. 828 PUBLIC LAW 98-125—OCT. 13, 1983 Board members, compensation. Municipal waste disposal. Street lighting and traffic signal payments. Ante, p. 265. approved December 24, 1973 (87 Stat. 790; D.C. Code 1-242(7)), the City Administrator shall be paid, during any fiscal year, a salary at a rate established by the Mayor, not to exceed the rate established for level IV of the Executive Schedule under 5 U.S.C. 5315. (b) For purposes of applying any provision of law limiting the availability of funds for payment of salary or pay in any fiscal year, the highest rate of pay established by the Mayor under subsection (a) of any position for any period during the last quarter of calendar year 1983 shall be deemed to be the rate of pay payable for that position for September 30, 1983. (c) Notwithstanding section 4(a) of the District of Columbia Rede- velopment Act of 1945, approved August 2, 1946 (60 Stat. 793; D.C. Code 5-803(a)), the Board of Directors of the District of Columbia Redevelopment Land Agency shall be paid, during any fiscal year, a per diem compensation at a rate established by the Mayor. SEC. 128. Notwithstanding any other provisions of law, the provi- sions of the District of Columbia Government Comprehensive Merit Personnel Act of 1978, effective March 3, 1979 (D.C. Law 2-139; D.C. Code 1-601.1 et seq.), enacted pursuant to section 422(3) of the District of Columbia Self-Government and Governmental Reorgani- zation Act of 1973, approved December 24, 1973 (Public Law 93-198; 87 Stat. 790; D.C. Code 1-242(3)), shall apply with respect to the compensation of District of Columbia employees: Provided, That for pay purposes, employees of the District of Columbia government shall not be subject to the provisions of title 5 of the United States Code. SEC. 129. None of the funds appropriated by this Act may be used to transport any output of the municipal waste system of the District of Columbia for disposal at any public or private landfill located in any State, excepting currently utilized landfills in Mary- land and Virginia, until the appropriate State agency has issued the required permits. SEC. 130. (a) Payment for street lighting and traffic signal costs shall be made by the Mayor monthly for each calendar month during fiscal year 1984, except for any month covered by a program (1) which provides for such expenses to be borne by the ratepayers of the electric utility involved and (2) for which all final administrative and judicial determinations have been made. (b) Except for funds set apart exclusively for, or administratively apportioned for, eliminating the cash portion of the general fund accumulated deficit, appropriations under this Act shall be available to the Mayor for purposes of subsection (a). SEC. 131. (a) That part of the Legislative Branch Appropriation Act, 1984 (Public Law 98-51), under the heading "SENATE" is amended, in the paragraph with the heading "SECRETARY OF THE SENATE", by striking out "$390,000" and inserting in lieu thereof "$537,000".

�


text:
Page:United States Statutes at Large Volume 97.djvu/861

 PUBLIC LAW 98-125—OCT. 13, 1983 97 STAT. 829 (b) That part of such Act, under the heading "HOUSE OF REPRE- Ante, p. 267. SENTATIVES" is amended, in the paragraph with the heading "SALARIES, OFFICERS AND EMPLOYEES", by striking out "$44,639,000 and inserting in lieu thereof "$44,787,000"; and by striking out "$6,185,000" for the "Office of the Doorkeeper" and inserting in heu thereof "$6,333,000". (c) That part of such Act, under the heading "JOINT ITEMS" is Ante, p. 271. amended, in the paragraph with the heading "EDUCATION OF PAGES", by striking out such heading and paragraph. This Act may be cited as the "District of Columbia Appropriation Short title. Act, 1984". Approved October 13, 1983. LEGISLATIVE HISTORY—H.R. 3415: HOUSE REPORTS: No. 98 -265 (Comm. on Appropriations) and No. 98-379 (Comm. of Conference). SENATE REPORT No. 98-185 (Comm. on Appropriations). CONGRESSIONAL RECORD, Vol. 129 (1983): June 29, considered and passed House. July 27, considered and passed Senate, amended. Sept. 29, House agreed to conference report and concurred in Senate amend- ments with amendments; Senate agreed to conference report and concurred in House amendments.

�


text:
Page:United States Statutes at Large Volume 97.djvu/862

 97 STAT. 830 PUBLIC LAW 98-126—OCT. 13, 1983 Public Law 98-126 98th Congress Joint Resolution Oct. 13, 1983 To designate the week of October 16, 1983, through October 22, 1983, as "Lupus [S.J. Res. 102] Awareness Week". Resolved by the Senate and House of Representatives of the United Lupus States of America in Congress assembled. That the week of October Awareness jg^;^983^ through October 22, 1983, is designated as "Lupus Aware- ness Week", and the President is authorized and requested to issue a proclamation calHng upon the people of the United States to observe the week with appropriate programs, ceremonies, and activities. Approved October 13, 1983. LEGISLATIVE HISTORY—S.J. Res. 102: CONGRESSIONAL RECORD, Vol. 129 (1983): July 16, considered and passed Senate. Oct. 4, considered and passed House.

�


text:
Page:United States Statutes at Large Volume 97.djvu/863

 PUBLIC LAW 98-127—OCT. 13, 1983 97 STAT. 831 Public Law 98-127 98th Congress An Act To amend title 18 of the United States Code to prohibit certain tampering with consumer products, 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 "Federal Anti-Tampering Act". SEC. 2. Chapter 65 of title 18 of the United States Code is amended by adding at the end thereof the following new section: "§ 1365. Tampering with consumer products "(a) Whoever, with reckless disregard for the risk that another person will be placed in danger of death or bodily injury and under circumstances manifesting extreme indifference to such risk, tampers with any consumer product that affects interstate or for- eign commerce, or the labeling of, or container for, any such prod- uct, or attempts to do so, shall— "(1) in the case of an attempt, be fined not more than $25,000 or imprisoned not more than ten years, or both; "(2) if death of an individual results, be fined not more than $100,000 or imprisoned for any term of years or for life, or both; "(3) if serious bodily injury to any individual results, be fined not more than $100,000 or imprisoned not more than twenty years, or both; and "(4) in any other case, be fined not more than $50,000 or imprisoned not more than ten years, or both. "(b) Whoever, with intent to cause serious injury to the business of any person, taints any consumer product or renders materially false or misleading the labeling of, or container for, a consumer product, if such consumer product affects interstate or foreign commerce, shall be fined not more than $10,000 or imprisoned not more than three years, or both. "(c)(1) Whoever knowingly communicates false information that a consumer product has been tainted, if such product or the results of such communication affect interstate or foreign commerce, and if such tainting, had it occurred, would create a risk of death or bodily injury to another person, shall be fined not more than $25,000 or imprisoned not more than five years, or both. "(2) As used in paragraph (1) of this subsection, the term 'commu- nicates false information' means communicates information that is false and that the communicator knows is false, under circum- stances in which the information may reasonably be expected to be believed. "(d) Whoever knowingly threatens, under circumstances in which the threat may reasonably be expected to be believed, that conduct that, if it occurred, would violate subsection (a) of this section will occur, shall be fined not more than $25,000 or imprisoned not more than five years, or both. Oct. 13, 1983 [S. 216] Federal Anti- Tampering Act. 18 USC 1365 note. Fines or imprisonme nts. 18 USC 1365. "Communicates false information."

�


text:
Page:United States Statutes at Large Volume 97.djvu/864

 97 STAT. 832 PUBLIC LAW 98-127—OCT. 13, 1983 Fine or imprisonment. Investigation of violations. Definitions. 35 USC 155A. 35 USC 154. "(e) Whoever is a party to a conspiracy of two or more persons to commit an offense under subsection (a) of this section, if any of the parties intentionally engages in any conduct in furtherance of such offense, shall be fined not more than $25,000 or imprisoned not more than ten years, or both. "(f) In addition to any other agency which has authority to investigate violations of this section, the Food and Drug Administra- tion and the Department of Agriculture, respectively, have author- ity to investigate violations of this section involving a consumer product that is regulated by a provision of law such Administration or Department, as the case may be, administers. "(g) As used in this section— "(1) the term 'consumer product* means— "(A) any 'food', 'drug', device', or 'cosmetic', as those terms are respectively defined in section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321); or "(B) any etrticle, product, or commodity which is custom- arily produced or distributed for consumption by individ- uals, or usc by individuals for purposes of personal care or in the performance of services ordinarily rendered within the household, and which is designed to be consumed or expended in the course of such consumption or use; "(2) the term 'labeling' has the meaning given such term in section 201(m) of the Federal Food, Drug, and CDosmetic Act (21 U.S.C. 321(m)); "(3) the term 'serious bodily injury' means bodily injury which involves— "(A) a substantial risk of death; "(B) extreme physical pain; "(C) protracted and obvious disfigurement; or "(D) protracted loss or impairment of the function of a bodily member, organ, or ment£d faculty; and "(4) the term 'bodily injury' means— "(A) a cut, abrasion, bruise, burn, or disfigurement; "(B) physical pain; "(C) illness; "(D) impairment of the function of a bodily member, organ, or mental faculty; or "(E) any other injury to the body, no matter how temporary.". SEC. 3. The table of sections at the beginning of chapter 65 of title 18 of the United States Code is amended by adding at the end thereof the following new item: "1365. Tampering with consumer products.". SEC. 4. (a) Title 35 of the United States Code is amended by inserting after section 155 the following new section: "§ 155A. Patent term restoration " (a) Notwithstanding section 154 of this title, the term of each of the following patents shall be extended in accordance with this section: "(1) Any patent which encompasses within its scope a compo- sition of matter which is a new drug product, if during the regulatory review of the product by the Federal Food and Drug Administration—

�


text:
Page:United States Statutes at Large Volume 97.djvu/865

 PUBLIC LAW 98-127—OCT. 13, 1983 97 STAT. 833 "(A) the Federal Food and Drug Administration notified the patentee, by letter dated February 20, 1976, that such product's new drug application was not approvable under section 505(b)(l) of the Federal Food, Drug and Cosmetic Act; "(B) in 1977 the patentee submitted to the Federal Food and Drug Administration the results of a health effects test to evaluate the carcinogenic potential of such product; "(C) the Federal Food and Drug Administration approved, by letter dated December 18, 1979, the new drug application for such product; and "(D) the Federal Food and Drug Administration approved, by letter dated May 26, 1981, a supplementary application covering the facility for the production of such product. "(2) Any patent which encompasses within its scope a process for using the composition of matter described in paragraph (1). "(b) The term of any patent described in subsection (a) shall be extended for a period equal to the period beginning February 20, 1976, and ending May 26, 1981, and such patent shall have the effect as if originally issued with such extended term. "(c) The patentee of any patent described in subsection (a) of this section shall, within ninety days after the date of enactment of this section, notify the Commissioner of Patents and Trademarks of the number of any patent so extended. On receipt of such notice, the Commissioner shall confirm such extension by placing a notice thereof in the official file of such patent and publishing an appropri- ate notice of such extension in the Official Gazette of the Patent and Trademark Office.". (b) The table of sections at the beginning of chapter 14 of such title 35 is amended by adding at the end thereof the following: "155A. Patent term restoration.". 21 USC 355. Extension. Notification of patent number. Extension confirmation. Approved October 13, 1983. LEGISLATIVE HISTORY—S. 216 (H.R. 2174): HOUSE REPORT No. 98 -93 accompanying H.R. 2174 (Comm. on the Judiciary). SENATE REPORT No. 98 -69 (Comm. on the Judiciary). CONGRESSIONAL RECORD, Vol. 129 (1983): May 9, H.R. 2174 considered and passed House; S. 216 considered and passed Senate. Sept. 29, considered and passed House, amended, in lieu of H.R. 2174. Sept. 30, Senate concurred in House amendments. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 19, No. 41 (1983): Oct. 14, Presidential statement. 11-194O-85~ 28:QL3

�


text:
Page:United States Statutes at Large Volume 97.djvu/866

 97 STAT. 834 PUBLIC LAW 98-128—OCT. 14, 1983 Public Law 98-128 98th Congress An Act Oct. 14, 1983 To name a United States Post Office Building in the vicinity of Lancaster, Pennsylva- [H.R. 3379] nia, the "Edwin D. Eshleman Post Office Building". Be it enacted by the Senate and House of Representatives of the Edwin D. United States of America in Congress assembled, That the United Post Office States Post Office Building located at 1400 Harrisburg Pike in the Building. vicinity of Lancaster, Pennsylvania, shall hereafter be known and Designation. designated as the "Edwin D. Eshleman Post Office Building". Any reference in a law, map, regulation, document, record, or other paper of the United States to such building shall be held to be a reference to the "Edwin D. Eshleman Post Office Building". Approved October 14, 1983. LEGISLATIVE HISTORY—H.R. 3379: HOUSE REPORT No. 98-361 (Comm. on Public Works and Transportation). CONGRESSIONAL RECORD, Vol. 129 (1983): Oct. 3, considered and passed House. Oct. 6, considered and passed Senate.

�


text:
Page:United States Statutes at Large Volume 97.djvu/867

 PUBLIC LAW 98-129—OCT. 14, 1983 97 STAT. 835 Public Law 98-129 98th Congress An Act To provide for the orderly termination of Federal management of the Pribilof Islands, Alaska. 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 "Fur Seal Act Amendments of 1983". SEC. 2. The Act of November 2, 1966 (Public Law 89-702; 16 U.S.C. 1151-1187), known as the Fur Seal Act of 1966, is amended to read as follows: " TITLE I —FUR SEAL MANAGEMENT "SEC. 101. (a) 'Commission' means the North Pacific Fur Seal Commission established pursuant to article V of the Convention. "(b) 'Convention' means the Interim Convention on the Conserva- tion of North Pacific Fur Seals signed at Washington on February 9, 1957, as amended by the protocol signed in Washington on October 8, 1963; by the exchange of notes among the party governments which became effective on September 3, 1969; by the protocol signed in Washington on May 7, 1976; and by the protocol signed in Washington on October 14, 1980, by the parties. "(c) 'Cure' or 'curing' means the performance of those post-harvest activities traditionally performed on the Pribilof Islands, including cooling, washing, removal of blubber, soaking in brine, draining, treating with salt or boric acid, and packing in containers for shipment of fur seal skins. "(d) 'Fur Seal' means the North Pacific Fur Seal, Callorhinus Ursinus. "(e) 'Import' means to land on, bring into, or introduce into, or attempt to land on, bring into, or introduce into, any place subject to the jurisdiction of the United States, whether or not such landing, bringing, or introduction constitutes an importation within the meaning of the customs laws of the United States. "(f) 'Natives of the Pribilof Islands' means any Aleuts who are permanent residents of the Pribilof Islands, or any organization or entity representing such natives. "(g) 'North Pacific Ocean' means the waters of the Pacific Ocean north of the thirtieth parallel of north latitude, including the Bering, Okhotsk, and Japan Seas. "(h) 'Party' or 'parties' means the United States of America, Canada, Japan, and the Union of Soviet Socialist Republics. "(i) 'Person' means any individual, partnership, corporation, trust, association or any other private entity, or any officer, employee, agent, department, or instrumentality of the Federal Government, of any State or political subdivision thereof, or of any foreign government. "(j) 'Pribilof Islands' means the islands of Saint Paul and Saint George, Walrus and Otter Islands, and Sea Lion Rock. "(k) 'Sealing' means the taking of fur seals. Oct. 14, 1983 [H.R. 2840] Fur Seal Act Amendments of 1983. 16 USC 1151 note. Definitions. 16 USC 1151. 8 UST 2283. 15 UST 316. 20 UST 2992. 27 UST 3371.

�


text:
Page:United States Statutes at Large Volume 97.djvu/868

 97 STAT. 836 PUBLIC LAW 98-129—OCT. 14, 1983 Unlawful activities. 16 USC 1152. Authorization of fur seals for subsistence. 16 USC 1153. Scientific research and investigations. 16 USC 1154. Regulations. 16 USC 1155. "(1) 'Secretary' means the Secretary of Commerce. "(m) 'Take' or 'taking' means to harass, hunt, capture, or kill, or attempt to harass, hunt, capture, or kill. "SEC. 102. It is unlawful, except as provided in this Act or by regulation of the Secretary, for any person or vessel subject to the jurisdiction of the United States to engage in the taking of fur seals in the North Pacific Ocean or on lands or waters under the jurisdic- tion of the United States, or to usc any port or harbor or other place under the jurisdiction of the United States for any purpose con- nected in any way with such taking, or for any person to transport, import, offer for sale, or possess at any port or place or on any vessel, subject to the jurisdiction of the United States, fur seals or the parts thereof, including, but not limited to, raw, dressed, or dyed fur seal skins, taken contrary to the provisions of this Act or the Convention, or for any person subject to the jurisdiction of the United States to refuse to permit, except within the Exclusive Economic Zone of the United States, a duly authorized official of Canada, Japan, or the Union of Soviet Socialist Republics to board and search any vessel which is outfitted for the harvesting of living marine resources and which is subject to the jurisdiction of the United States to determine whether such vessel is engaged in sealing contrary to the provisions of said Convention, "SEC. 103. (a) Indians, Aleuts, and Eskimos who dwell on the coasts of the North Pacific Ocean are permitted to take fur seals and dispose of their skins after the skins have been officially marked and certified by a person authorized by the Secretary: Provided, That the seals are taken for subsistence uses as defined in section 109(f)(2) of the Marine Mammal Protection Act of 1972, as amended (16 U.S.C. 1379), and only in canoes not transported by or used in connection with other vessels, and propelled entirely by oars, paddles, or sails, and manned by not more than five persons each, in the way hitherto practiced and without the use of firearms. This authority shall not apply to Indians, Aleuts, and Eskimos while they are employed by any person for the purpose of taking fur seals or are under contract to deliver the skins to any person. "(b) Indians, Aleuts, and Eskimos who live on the Pribilof Islands are authorized to take fur seals for subsistence purposes as defined in section 109(f)(2) of the Marine Mammal Protection Act of 1972, as amended (16 U.S.C. 1379), under such conditions as recommended by the Commission and accepted by the Secretary of State pursuant to regulations promulgated by the Secretary. "SEC. 104. The Secretary shall (1) conduct such scientific research and investigations on the fur seal resources of the North Pacific Ocean as he deems necessary to carry out the obligations of the United States under the Convention, and (2) permit, subject to such terms and conditions as he deems desirable, the taking, transporta- tion, importation, exportation, or possession of fur seals or their parte for educational, scientific, or exhibition purposes. "SEC. 105. (a) The Secretary shall prescribe such regulations with respect to the taking of fur seals on the Pribilof Islands and on lands subject to the jurisdiction of the United States as he deems neces- sary and appropriate for the conservation, management, and protec- tion of the fur seal population, and to dispose of any fur seals seized or forfeited pursuant to this Act, and to carry out the provisions of the Convention, and shall deliver to authorized agents of the parties such fur seal skins as the parties are entitled to under the Convention.

�


text:
Page:United States Statutes at Large Volume 97.djvu/869

 PUBLIC LAW 98-129—OCT. 14, 1983 97 STAT. 837 "(b) The Secretary is authorized to enter into agreements with any public or private agency or person for the purpose of carrying out the provisions of the Convention and of this title, including but not limited to the taking of fur seals on the Pribilof Islands, and the curing and marketing of the sealskins and other seal parts, and may retain the proceeds therefrom. "(c) The Secretary shall give preference to the village corporations of Saint Paul and Saint George Islands established pursuant to section 8 of the Alaska Native Claims Settlement Act (Public Law 92-208) for the taking of fur seals on the village corporations' respective islands, and the curing and marketing of the sealskins and other seal parts, and may retain the proceeds therefrom. Any proceeds therefrom will be deposited in a separate fund in the Treasury and will be available to the Secretary, subject to appropri- ations, for the purpose of this section. All seal harvests will be financed, to the extent possible, from proceeds collected in preceding years or unsold assets retained from harvests conducted in preced- ing years. In the event that such assets and proceeds are insuffi- cient, as determined by the Secretary, to finance the seal harvest in accordance with the requirements of the Convention, there are authorized to be appropriated to the Secretary for fiscal year 1984, and for fiscal year 1985 and beyond if the Convention is extended by protocol signed by the parties and made effective as to the United States, such sums as may be necessary to carry out the harvest and curing on the Pribilof Islands. Such amounts as are determined by the Secretary to exceed amounts required to carry out this section shall be transferred to the General Fund of the Treasury. "SEC. 106. (a) Any person authorized to enforce the provisions of this Act who has reasonable cause to believe that any vessel outfit- ted for the harvesting of living marine resources and subject to the jurisdiction of any of the parties to the Convention is violating the provisions of article III of the Convention may, except within the areas in which another State exercises fisheries jurisdiction, board and search such vessel. Such person shall carry a special certificate of identification issued by the Secretary or Secretary of the depart- ment in which the Coast Guard is operating which shall be in English, Japanese, and Russian and which shall be exhibited to the master of the vessel upon request. "(b) If, after boarding and searching such vessel, such person continues to have reasonable cause to believe that such vessel, or any person onboard, is violating said article, he may seize such vessel or arrest such person, or both. The Secretary of State shall, as soon as practicable, notify the party having jurisdiction over the vessel or person of such seizure or arrest. "The Secretary or the Secretary of the department in which the Coast Guard is operating, upon request of the Secretary of State, shall deliver the seized vessel or arrested person, or both, as promptly as practicable to the authorized officials of said party: Provided, That whenever said party cannot immediately accept such delivery, the Secretary or the Secretary of the department in which the Coast Guard is operating may, upon the request of the Secretary of State, keep the vessel or person in custody within the United States. "(c) At the request of said party, the Secretary or the Secretary of the department in which the Coast Guard is operating, shall direct the person authorized to enforce the provisions of this Act to attend the trial as a witness in any case arising under said article or give Agreements. St. Paul and St. Greorge Islands. 43 USC 1607. Appropriation authorization. Transfer of funds. Enforcement. 16 USC 1156. Specied certificate of identification. Seizure or arrest. Enforcement.

�


text:
Page:United States Statutes at Large Volume 97.djvu/870

 97 STAT. 838 PUBLIC LAW 98-129—OCT. 14, 1983 Presidential appointments. 16 USC 1157. Compensation. Travel expenses and per diem. 5 USC 5703. Recommendations. 16 USC 1158. Technical assistance. 16 USC 1159. testimony by deposition, and shall produce such records and files or copies thereof as may be necessary to establish the offense. "SEC. 107. The President shall appoint to the Commission a United States Commissioner who shall serve at the pleasure of the President. The President may appoint one Native from each of the two inhabited Pribilof Islands to serve as Advisors to the Commis- sioner and as liaisons between the Commissioner and the Natives of the Pribilof Islands. The President may also appoint other inter- ested parties as Advisors to the Commissioner. Such Advisors shall serve at the pleasure of the President. The President may also appoint a Deputy United States Commissioner who shall serve at the pleasure of the President. The Deputy Commissioner shall be the principal adviser of the Commissioner, and shall perform the duties of the Commissioner in the case of his death, resignation, absence, or illness. The Commissioner, the Deputy Commissioner, and the Advisors shall receive no compensation for their services. The Commissioners may be paid traval expenses and per diem in lieu of subsistence at the rates authorized by section 5 of the Administrative Expense Act of 1946 when engaged in the perform- ance of their duties. "SEC. 108. The Secretary of State, with the concurrence of the Secretary, is authorized to accept or reject, on behalf of the United States, recommendations made by the Commission pursuant to article V of the Convention. "SEC. 109. The head of any Federal agency is authorized to consult with and provide technical assistance to the Secretary or the Com- mission whenever such assistance is needed and reasonably can be furnished in carrying out the provisions of this title. Any Federal agency furnishing assistance hereunder may expend its own funds for such purposes, with or without reimbursement. 16 USC 1161. 94 Stat. 2500. Ante, p. 835. 16 USC 1162. Education. 16 USC 1163. " TITLE II —ADMINISTRATION OF THE PRIBILOF ISLANDS "SEC. 201. The Secretary shall administer the fur seal rookeries and other Federal real and personal property on the Pribilof Islands, with the exception of lands purchased by the U.S. Fish and Wildlife Service under section 1417 of the Alaska National Interest Lands Conservation Act (Public Law 96-487) or acquired or purchased by any other authority after enactment of the Fur Seal Act Amend- ments of 1983 and, in consultation with the Secretary of the In- terior, shall ensure that activities on such Islands are consistent with the purposes of conserving, managing, and protecting the North Pacific fur seals and other wildlife and for other purposes consistent with that primary purpose. "SEC. 202. In carrying out the provisions of this title, the Secretary is authorized— "(1) to operate, maintain, and repair such Government-owned property, both real and personal, and other facilities held by the Secretary on the Pribilof Islands as may be necessary; and "(2) to provide the employees of the Department of Commerce and other Federal agencies and their dependents, at reasonable rates to be determined by the Secretary, with such facilities, services, and equipment as he deems necessary, including, but not limited to, food, fuel, shelter, and transportation. "SEC. 203. The State of Alaska will be responsible for meeting the educational needs of the citizens of the Pribilof Islands.

�


text:
Page:United States Statutes at Large Volume 97.djvu/871

 PUBLIC LAW 98-129—OCT. 14, 1983 97 STAT. 839 "SEC. 204. The Secretary of Health and Human Services shall provide medical and dental care to the Natives of the Pribilof Islands with or without reimbursement, as provided by other law. He is authorized to provide such care to Federal employees and their dependents and tourists and other persons in the Pribilof Islands at reasonable rates to be determined by him. He may purchase, lease, construct, operate, and maintain such facilities, supplies, and equip- ment as he deems necessary to carry out the provisions of this section; and the costs of such items, including medical and dental care, shall be charged to the budget of the Secretary of Health and Human Services. Nothing in this Act shall be construed as supersed- ing or limiting the authority and responsibility of the Secretary of Health and Human Services under the Act of August 5, 1954, as amended, or any other law with respect to medical and dental care of natives or other persons in the Pribilof Islands. "SEC. 205. (a) Any provision of law relating to the transfer and disposal of Federal property to the contrary notwithstanding, the Secretary, after consultation with the Secretary of the department in which the Coast Guard is operating, is authorized to bargain, grant, sell or otherwise convey, on such terms as he deems to be in the best interests of the United States and in furtherance of the purposes of this Act, any and all right, title, and interest of the United States in and to the property, both real and personal, held by the Secretary on the Pribilof Islands: Provided, That such property is specified in a document entitled 'Transfer of Property on the Pribilof Islands: Descriptions, Terms and Conditions,' which is sub- mitted to the Congress on or before October 31, 1983. "(b) The property transfer document described in subsection (a) shall include, but need not be limited to— "(1) a description of each conveyance; "(2) the terms to be imposed on each conveyance; "(3) designation of the recipient of each conveyance; "(4) a statement noting acceptance of each conveyance, in- cluding the terms, if any, under which it is accepted; and "(5) an identification of all Federal property to be retained by the Federal Government on the Pribilof Islands to meet its responsibilities as described in this Act and under the Convention. "(c) Within 60 days of the transfer of real or personal property specified in the document described in subsection (a), the Committee on Merchant Marine and Fisheries of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate shall be given a report prepared by the Secretary stating the fair market value at the time of the transfer of all real and personal property conveyed. "(d) A Memorandum of Understanding shall be entered into by the Secretary, a representative of the local governmental authority on each Island, the trustee or trustees, and the appropriate officer of the State of Alaska setting forth the respective responsibilities of the Federal Government, the Trust, and the State regarding— "(1) application of Federal retirement benefits, severance pay, and insurance benefits with respect to Natives of the Pribilof Islands; "(2) funding to be allocated by the State of Alaska for the construction of boat harbors on St. Paul and St. George Islands; Medical and dental care. 16 USC 1164. 42 USC 2001-2004b. Federal property, transfer and disposal. 16 USC 1165. Document. Report to congressional committees. Memorandum of Understanding.

�


text:
Page:Dictionary of National Biography volume 62.djvu/298

 been actually settled, Yorke acting as intermediary (ib.) But the arrangement came abruptly to an end, owing to a difference of opinion as to the amount in question and the duties involved (, Records of my Life, i. 228). Whether from fear of prosecution or promise of pension, he certainly in 1790 confined himself to smaller game, such as Sir Joseph Banks [q. v.], Sylvanus Urban, and James Bruce (1730–1794) [q. v.], the African traveller. The same year he vented his opinions on social matters in a ‘Rowland for an Oliver,’ but he returned in 1792 to the king as a more profitable subject for ridicule, and his verses addressed to Pitt from this time forward he contrived to make as offensive as possible. In 1793 he sold for an annuity of 250l. the copyright of his existing works to J. Walker, the publisher, and it was at the same time stipulated that the refusal of his future work should rest with the same publisher. Disputes and eventually litigation arose with respect to the agreement, but the poet was completely successful, and the annuity was paid him to the end of his long life.

After running a free course for twenty years the satirist was, however, to meet with more than his match. In vol. iv. art. xxvi. of the ‘Anti-Jacobin’ his ‘Nil admirari, or a Smile at a Bishop,’ was savagely considered, and a review of the author's life given, in which he was termed ‘this disgustful subject, the profligate reviler of his sovereign and impious blasphemer of his God.’ Peter was quite unable to stand his ground with Gifford, the savagery of whose ‘Epistle to P. Pindar’ (1800, 4to) was equalled only by its dexterity [see, 1756–1826]. Wolcot was so infuriated that he sought a personal encounter with the author. The two met in Wright's shop in Piccadilly, 18 Aug. 1800, when a scuffle took place, in which Wolcot was the aggressor, and undoubtedly got the worst of it (cf. The Battle of the Bards by Mauritius Moonshine; Peter's Æsop, a St. Giles's Eclogue, &c.) The commonplace offensiveness of Peter's ‘Cut at a Cobbler’ fell flat. But Peter was by no means silenced. The resignation of Pitt gave him an opportunity of expressing his rejoicing in ‘Out at Last! or the Fallen Minister,’ 1801. Canning also was specially singled out for abuse.

The appreciation once exhibited by the Prince of Wales, who is said to have had the poet's proof-sheets forwarded to him before publication (, Autobiography, ii. 274), was not continued by the prince as regent, and the indignant Peter in 1811 expresses his feelings in being thus forsaken in ‘Carlton House Fête, or the Disappointed Bard.’ In 1807 a charge was made against him by his landlady which appears to have been entirely groundless, as on his trial before Lord Ellenborough on 27 June 1807, the jury found for him without leaving the box (Trial of Peter Pindar for Crim. Con. London, 1807). In Wolcot's later years he was afflicted by failure of sight, and in May 1811 was almost blind (, Diary, vol. i.); he, however, still continued to write and publish. His last work was an ‘Epistle to the Emperor of China,’ published in 1817 on the occasion of Lord Amherst's unfortunate embassy. Wolcot died on 14 Jan. 1819 at Montgomery Cottage, Somers Town, and was buried on 21 Jan. in St. Paul's Church, Covent Garden, where by his own wish his coffin was placed touching that of Samuel Butler (1612–1680) [q. v.], the author of ‘Hudibras.’

In appearance Wolcot was ‘a thick squat man with a large dark and flat face, and no speculation in his eye.’ He possessed considerable accomplishments, being a fair artist and good musician, and, despite the character of his compositions, his friends described him as of a ‘kind and hearty disposition.’ He was probably influenced in his writings by no real animosity towards royalty (, Memoirs, 1801, vol. iv.), and himself confessed that ‘the king had been a good subject to him, and he a bad one to the king.’ His writings, despite their ephemeral interest, still furnish stock quotations.

In London he frequently changed his place of residence, living in 1793 in Southampton Row, Covent Garden; in 1794 at 13 Tavistock Row, Covent Garden; at 1 Chapel Street, Portland Place, in 1800; 8 Delany Place, Camden Town, in 1802; in 1807 he was at 94 Tottenham Court Road; and he moved to Somers Town in 1816.

There are at least eight portraits of Wolcot by Opie, one of which is now in the National Portrait Gallery, London; one was engraved by C. H. Hodges in 1787, and by G. Kearsley in 1788. A miniature on ivory, painted by W. E. Lethbridge, is now in the National Portrait Gallery, London. Among other existing engravings may be mentioned a bust in oval by Corner, in the ‘European Magazine’ (vol. xii.); half-length by Ridley, 1792, in the ‘Gentleman's Magazine;’ bust as frontispiece to an edition of works in three volumes (1794); and bust by K. Mackensie to the fourth edition of ‘Tales of the Hoy,’ 1798.

The following is a list of Wolcot's works: 1. ‘Poetical Epistle to Reviewers,’ London, 1778, 4to. 2. ‘Poems on various Subjects,’


text:
Page:United States Statutes at Large Volume 97.djvu/872

 97 STAT. 840 PUBLIC LAW 98-129—OCT. 14, 1983 Memo randum submittal to Congress. Tax exemption. Agreements. Ante. p. 835. Report to Congress. Pribilof Islands Trust. 16 USC 1166. Transfer of funds. Distribution of funds. "(3) assumption of the State of Alaska of traditional State responsibilities for facilities and services on such islands in accordance with applicable laws and regulations; "(4) preservation of wildlife resources within the Secretary's jurisdiction; "(5) continued activities relating to the implementation of the Convention; "(6) oversight of the operation of the Trust established by section 206(a) to further progress toward creation of a stable, diversified, and enduring economy not dependent on commer- cial fur sealing; "(7) the cooperation of government agencies, rendered through existing programs, in assisting with an orderly transi- tion from Federal management and the creation of a private enterprise economy on the Pribilof Islands as described in this Act; and "(8) such other matters as may be necessary and appropriate for carrying out the purposes of the Act, including the assump- tion of responsibilities to ensure an orderly transition from Federal management of the Pribilof Islands. The Memorandum shall be submitted to Congress on or before October 31, 1983. "(e) The grant, sale, transfer or conveyance of any real or personal property pursuant to this section shall not be subject to any form of Federal, State or local taxation. The basis for computing gain or loss on subsequent sale or disposition of such real or personal property for purposes of any Federal, State or local tax imposed on, or measured by revenue shall be the fair market value of such real or personal property at the time of receipt. "(f) In carrying out the purposes of this Act, the Secretary is authorized to enter into agreements, including but not limited to land exchange agreements with other Departments and Agencies of both the State and Federal Governments, and with third parties, notwithstanding any provision of law relating to the transfer and disposal of Federal property to the contrary; except that the author- ity of the Secretary of the Interior regarding exchanges involving lands in the National Wildlife Refuge System on the date of enact- ment of the Fur Seal Act Amendments of 1983 is not affected by this section. "(g) The Secretary shall submit to Congress a report, no later than October 1, 1983, providing information on the status of the negotia- tions for concluding the documents described in subsections (a) and (d) of this section. "SEC. 206. (a)(1) In order to promote the development of a steble, self-sufficient enduring and diversified economy not dependent on sealing, the Secretary shall cause to be established a Trust for the benefit of the Natives of the Pribilof Islands, to be known as the 'Pribilof Islands Trust' (hereinafter referred to as the 'Trust'). "(2) All amounts appropriated to the Secretary under subsection (e) of this section shml be transferred by the Secretai^ to the Trust within fifteen days after submission of the Trust instrument to Congress in accordance with the requirements of subsection (c). "(3) Except as provided in subsection (e)(2), none of the amounts transferred to the Trust pursuant to paragraph (2) shall be distrib- uted by the trustee or trustees for the benefit of the Natives of the Pribilof Islands until 30 days after submission to Congress of the documents described in section 205(a) and (d). Such distributions

�


text:
Page:United States Statutes at Large Volume 97.djvu/873

 PUBLIC LAW 98-129—OCT. 14, 1983 97 STAT. 841 shall be made by the trustee or trustees only after the Secretary has determined that such Trust has been established and will be oper- ated in accordance with a trust instrument, or instruments, ap- proved by the Secretary which further the purposes and policies of this Act. "(4) Until the termination of the period described in paragraph (3), the trustee or trustees shall invest the amounts transferred pursu- ant to paragraph (2) in securities with maturities suitable for the needs of the Trust, bearing interest rates at rates determined by the trustee or trustees, taking into consideration average market yields on outstanding marketable obligations of the United States of com- parable maturities. The income from such investments shall be credited to, and form a part of the Trust. "(b) The Trust shall be administered in accordance with such terms and conditions as are prescribed by the Secretary, and as set forth in the Trust instrument. In establishing such terms and conditions, the Secretary shall consult with the Natives of the Pribilof Islands, and other interested parties concerning the conser- vation, management and protection of the fur seal population. "(c) There may be one Trust instrument establishing the Trust described in section 206(a), or two such instuments, each relating to one of the two portions of the Trust as provided in subsection (d), which shall address, but need not be limited to, such matters as— "(1) establishing standards and procedures for the disburse- ment by the trustee or trustees of Trust assets for purposes of fostering in the Pribilof Islands a stable, diversified, and endur- ing economy not dependent upon sealing after Federal manage- ment of the islands is terminated, which procedures may include formal participation of Pribilof Islands Native councils, corporations, or other such entities; (2) establishing the Secretary as trustor; "(3) establishing the procedure for appointment of the trustee or trustees by the Secretary after consultation with the Natives of the Pribilof Islands; "(4) setting forth the rights, duties, powers and obligations of a trustee who shall act as an independent fiduciary and who shall be a United States citizen having recognized competence in business; "(5) providing for the management and investment of Trust assets, pending distribution, by an investment manager or advi- sor, who may be the trustee, having recognized competence in such fields; "(6) establishing methods and procedures for providing Con- gress and the Secretary with the annual reports described in subsection (g) of this section; "(7) establishing Trust purposes in accordance with the pur- poses described in section 201 of this Act and subsection (a) of this section; "(8) the duties of the trustee or trustees and the standards of care and diligence that shall govern the exercise of trust powers thereunder; "(9) compensation of the trustee or trustees; "(10) the term, termination and final distribution of the Trust estate; " (11) mandating the applicability of the laws of the State of Alaska to the creation and governance of the Trust; "(12) defrajring of community expenses; and Investments. Terms and conditions. Instruments establishing Trust.

�


text:
Page:United States Statutes at Large Volume 97.djvu/874

 97 STAT. 842 PUBLIC LAW 98-129—OCT. 14, 1983 Submittal to Congress. St. Paul and St. George communities. Appropriation authorization. Interest. Annual report submittal. Report to Congress. Tax exemption. Agreements, contracts, or leases. 16 USC 1167. 16 USC 1168. 5 USC 8331 et seq. Annuities. "(13) payment of necessary administrative and legal expenses. The Trust instrument or instruments described in this subsection shall be submitted to Congress on or before October 14, 1983. "(d) The Trust shall be divided into two portions pursuant to a formula established by the Secretary after consultation with the natives of both Islands, to be accounted for separately for the independent benefit of the community of St. Paul and the com- munity of St. George. "(e)(1) There are authorized to be appropriated to the Secretary $20,000,000 for the purpose of funding the Trust in accordance with the requirements of subsection (a)(2) of this section. "(2) Prior to the termination of the period described in subsection (a)(3) of this section, the trustee or trustees may make interim distributions for the benefit of the Natives of the Pribilof Islands, upon approval of the Secretary, of up to five percent of the amounts transferred to the Trust pursuant to subsection (a)(2) of this section if, as determined by the Secretary, such interim distributions are required to carry out the purposes of this Act. "(f) The interest on, and the proceeds from the sale or redemption of, any asset or obligation held in the Trust shall be credited to and form a part of the Trust. "(g) The trustee or trustees shall submit to Congress and to the Secretary an annual report, the first of which is due on April 30, 1984, and subsequent reports on the same date each year thereafter during the life of the Trust, providing information on expenditures made from the Trust and progress towards achieving the purposes set out in subsection (a) of this section. On April 30, 1986, the Secretary shall also submit a report to the Congress detailing all progress toward achieving these purposes since enactment of this Act. For purposes of preparing such report, the Secretary by regula- tion may require that the trustee and the State of Alaska submit such relevant information to the Secretary as he deems appropriate. "(h) The funds appropriated to the Trust and the earnings and distribution therefrom shall not be subject to any form of Federal, State or local taxation: Provided, That this exemption shall not apply to any income from the investment or other use of such distributions. "SEC. 207. The Secretary is authorized to enter into agreements or contracts or leases with, or to issue permits to, any public or private agency or person for carrying out the provisions of the Convention or this Act. "SEC. 208. (a) Service by natives of the Pribilof Islands engaged in the taking and curing of fur seal skins and other activities in connection with the administration of such islands prior to January 1, 1950, as determined by the Secretary based on records available to him, shall be considered for purposes of credit under the Civil Service Retirement Act, as amended, as civilian service performed by an employee, as defined in said Act. "(b) The annuity of any person or the annuity of the survivor of any person who shall have performed service described in subsection (a) of this section, and who, prior to November 2, 1966, died or shall have been retired on annuity payable from the civil service retire- ment and disability fund, shall, upon application filed by the annu- itant within one year after November 2, 1966, be adjusted, effective as of the first day of the month immediately following November 2, 1966, so that the amount of the annuity shall be the same as if such

�


text:
Page:United States Statutes at Large Volume 97.djvu/875

 PUBLIC LAW 98-129—OCT. 14, 1983 97 STAT. 843 subsection had been in effect at the time of such person's retirement or death. "(c) In no case shall credit for the service described in subsection (a) of this section entitle a person to the benefits of section 11(h) of the Civil Service Retirement Act. 5 USC 8342. "(d) Notwithstanding any other provisions of this Act or any other law, benefits under the Civil Service Retirement Act made available fg^SC 8331 et by reason of the provisions of this section shall be paid from the civil service retirement and disability fund subject to reimbursement to such fund from the Operations, Research, and Facilities Account of the National Oceanic and Atmospheric Administration in the Department of Commerce, for the purpose of compensating said retirement fund for the cost, as determined by the Civil Service Commission during each fiscal year, of benefits provided by this section. "SEC. 209. Chapter 83 of title 5, United States Code, is amended as follows: "(a) by deleting 'Credit' in section 8332(b) and inserting in lieu 5 USC 8332. thereof the words 'Except as provided in paragraph (13) of this subsection, credit'; "(b) by adding in section 8332(b) after paragraph (12) the following new paragraph: '(13) one year of service to be credited for each year in which a Native of the Pribilof Islands performs service in the taking and curing of fur seal skins and other activities in connection with the administration of the Pribilof Islands, notwithstanding any period of separation from the service.'; "(c) by adding in section 8332(b) after 'paragraph (3) of this subsection.' the following sentence: 'The Office of Personnel Management shall accept the certification of the Secretary of Commerce or his designee concerning service for the purpose of this subchapter of the type performed by an employee named by paragraph (13) of this subsection.'; "(d) by adding in section 8332(f) after 'postal field service' the words 'and service described in paragraph (13) of subsection (b) of this section,'; "(e) by adding in section 8332(1)(1) the word 'or' at the end of clause (v) of subparagraph (B) thereof and by adding the follow- ing new subparagraph: '(C) is of Aleut ancestry and while a citizen of the United States was interned or otherwise detained in, or relocated to any camp, installation, or other facility in the Territory of Alaska which was established during World War II for the purpose of the internment, detention, or relocation of Aleuts pursuant to any statute, rule, regulation, or order;'; and "(f) by amending paragraph (4) of section 8334(g) by striking 5 USC 8334. 'January 1, 1950' and substituting the words 'October 29, 1983,' and adding after 'the Pribilof Islands' the words 'except where deductions, contributions, and deposits were made before Octo- ber 29 1983' "SEC. 210. (a) "Title I of the Act of January 4, 1975, Public Law 93- 638 (25 U.S.C. §§ 450-450m), known as the Indian Self-Determina- tion and Education Assistance Act, is amended by adding in section 105(e) after 'to be employed by a tribal organization' the words ', the 25 USC 450i. city of St. Paul, Alaska, the city of St. George, Alaska, upon incorpo-

�


text:
Page:United States Statutes at Large Volume 97.djvu/876

 97 STAT. 844 PUBLIC LAW 98-129—OCT. 14, 1983 43 USC 1607. 25 USC 450i note. 5 USC 8101 et seq., 8301 et seq., 8501 et seq., 8701 et seq. 25 USC 450i. Regulations. 16 USC 1169. ration, or the Village Corporations of St. Paul and St. George Islands established pursuant to section 8 of the Alaska Native Claims Settlement Act (Public Law 92-203)'. "(b) Notwithstanding any other provision of law, any Native of the Pribilof Islands employed by the Federal government on October 28, 1983, shall be deemed to have been covered under chapters 81,83,85 and 87 of title 5, United States Code, on such date for the purposes of determining eligibility for continuity of benefits under section 105(e) of the Act of January 4, 1975 (Public Law 93-638), known as the Indian Self-Determination and Education Assistance Act. "SEC. 211. The Secretary is authorized to prescribe such regula- tions as he deems necessary to carry out the provisions of this title. "TITLE III —ENFORCEMENT 16 USC 1171. "SEC. 301. (a) Every vessel subject to the jurisdiction of the United States that is employed in any manner in connection with a viola- tion of the provision of this Act, including its tackle, apparel, furniture, appurtenances, cargo, and stores shall be subject to for- feiture; and all fur seals, or parts thereof, taken or retained in violation of this Act, or the monetary value thereof, shall be forfeited. "(b) All provisions of law relating to the seizure, summary and judicial forfeiture, and condemnation of a vessel, including its tackle, apparel, furniture, appurtenances, cargo, and stores for vio- lation of the customs laws, the disposition of such vessel, including its tackle, apparel, furniture, appurtenances, cargo, and stores or the proceeds from the sale thereof, and the remission or mitigation of such forfeitures shall apply to seizures and forfeitures incurred, or alleged to have been incurred, under the provisions of this Act, insofar as such provisions of law are applicable and not inconsistent with the provisions of this Act. 16 USC 1172. "SEC. 302. (a) Enforcement of the provisions of this Act is the joint responsibility of the Secretary, the Secretary of the Treasury, and the Secretary of the department in which the Coast Guard is operating. In addition, the Secretary may designate officers and employees of the States of the United States to enforce the provi- sions of this Act which relate to persons or vessels subject to the jurisdiction of the United States. When so designated, such officers and employees are authorized to function as Federal law enforce- ment agents for these purposes; but they shall not be held and considered as employees of the United States for the purpose of any laws administered by the Office of Personnel Management. Warrants. " (b) The judges of the United States district courts and United States magistrates may, within their respective jurisdictions, upon proper oath or affirmation showing probable cause, issue such war- rants or other process, including warrants or other process issued in admiralty proceedings in Federal district courts, as may be required for enforcement of this Act and any regulations issued thereunder. "(c) Any person authorized to carry out enforcement activities hereunder shall have the power to execute any warrant or process issued by any officer or court of competent jurisdiction for the enforcement of this Act. "(d) Such person so authorized shall have the power— "(1) with or without a warrant or other process, to arrest any person committing in his presence or view a violation of this Act or the regulations issued thereunder;

�


text:
Page:United States Statutes at Large Volume 97.djvu/877

 PUBLIC LAW 98-129—OCT. 14, 1983 97 STAT. 845 "(2) with a warrant or other process or without a warrant, if he has reasonable cause to beheve that a vessel subject to the jurisdiction of the United States or any person onboard is in violation of any provision of this Act or the regulations issued thereunder, to search such vessel and to arrest such person. "(e) Such person so authorized may seize any vessel subject to the jurisdiction of the United States, together with its tackle, apparel, furniture, appurtenances, cargo, and stores, used or employed con- trary to the provisions of this Act or the regulations issued hereun- der or which it reasonably appears has been used or employed contrary to the provisions of this Act or the regulations issued hereunder. "(f) Such person so authorized may seize, whenever and wherever lawfully found, all fur seals taken or retained in violation of this Act or the regulations issued thereunder. Any fur seals so seized or forfeited to the United States pursuant to this Act shall be disposed of in accordance with the provisions of section 105 of this Act. "SEC. 303. The Secretary is authorized to prescribe such regula- tions as he deems necessary and appropriate to carry out the provisions of this title. "SEC. 304. (a) Any person who knowingly violates any provision of this Act or of any permit or regulation issued thereunder shall, upon conviction, be fined not more than $20,000 for such violation, or imprisoned for not more than one year, or both. "(b) Any person who violates any provision of this Act or any regulation or permit issued hereunder may be assessed a civil penalty by the Secretary of not more than $10,000 for each such violation. No penalty shall be assessed unless such person is given notice and opportunity for a hearing with respect to such violation. Hearings held during proceedings for the assessment of civil penal- ties authorized by this subsection shall be conducted in accordance with section 554 of title 5. The Secretary may issue subpoenas for the attendance and testimony of witnesses and the production of relevant papers, books, and documents, and administer oaths. Wit- nesses summoned shall be paid the same fees and mileage that are paid to witnesses in the courts of the United States. In case of contumacy or refusal to obey a subpoena served upon any person pursuant to this paragraph, the district court of the United States for any district in which such person is found or resides or transacts business, upon application by the United States and after notice to such person, shall have jurisdiction to issue an order requiring such person to appear and give testimony before the Secretary or to appear and produce documents before the Secretary, or both, and any failure to obey such order of the court may be punished by such court as a contempt thereof. Any civil penalty assessed may be remitted or mitigated by the Secretary for good cause shown. Upon any failure to pay a penalty assessed under this subsection, the Secretary may request the Attorney General to institute civil action in a district court of the United States for any district in which such person is found, resides, or transacts business to collect the penalty, and such court shall have jurisdiction to hear and decide any such action. "SEC. 305. (a) There are authorized to be appropriated to the operations, research, and facilities account of the National Oceanic and Atmospheric Administration in the Department of Commerce, such sums as may be necessary, up to $2,000,000, for fiscal year 1984 for the purpose of upgrading Federal property to be transferred Seizure of vessel. Regulations. 16 USC 1173. Penalties. 16 USC 1174. Hearings. Subpoenas. Fees and mileage. Appropriation authorization. 16 USC 1175.

�


text:
Page:United States Statutes at Large Volume 97.djvu/878

 97 STAT. 846 PUBLIC LAW 98-129—OCT. 14, 1983 pursuant to section 205 of this Act, $736,000 for fiscal year 1984 for the purposes of sections 104 and 208 of this Act and such sums as may be necessary for each fiscal year thereafter for the purposes of sections 104 and 208 of this Act. Cofjtract "(b) The contract authority of the Secretary under this Act is authority. effective for any fiscal year only to the extent that appropriations are available for such purposes.". Approved October 14, 1983. LEGISLATIVE HISTORY—H.R. 2840: HOUSE REPORT Np..9& -213 (Comm. on Merchant Marine and Fisheries). SENATE REPORT No. 98-212 (Comm. on Commerce, Science, and Transportation). CONGRESSIONAL RECORD, Vol. 129 (1983): May 23, considered and passed House. Aug. 4, considered and passed Senate, amended. Sept. 26, House concurred in Senate amendment with an amendment. Sept. 28, Senate concurred in House amendment.

�


text:
Page:United States Statutes at Large Volume 97.djvu/879

 PUBLIC LAW 98-130—OCT. 14, 1983 97 STAT. 847 Public Law 98-130 98th Congress Joint Resolution Oct. 14, 1983 To designate the day of October 22, 1983 as "Metropolitan Opera Day'. fSJ Res 1281 Whereas the Metropolitan Opera is one of the world's premier performing arts organizations and has an audience larger than that of any other such organization in the world; Whereas the Metropolitan Opera, since its first performance one hundred years ago on Octooer 22, 1883, has provided the finest quality in opera to audiences throughout the Nation; Whereas the Metropolitan Opera pioneered radio presentations of live opera, performing on radio for more than forty years and more recently on television; Whereas the Metropolitan Opera has toured the United States since its founding in 1883; Whereas the Metropolitan Opera provides educational services to the people of the United States by generously encouraging and training young artists and by providing technical and managerial assistsuice to other opera companies in the Nation; Whereas the Metropolitan Opera has presented renowned perform- ing arts companies from all over the world at the Opera House; Whereas the Metropolitan Opera House, which is maintained by the company, is one of the Nation's treasures and one of the greatest performing arts theaters in the world; and Whereas, throughout its long history, the Metropolitan Opera Com- pany has fostered generations of music lovers and has enriched and inspired this Nation: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled. That the President is Metropolitan authorized and requested to issue a proclamation designating Octo- ^^^^^ ^^ ber 22, 1983, the one hundredth anniversary of its first performance, as "Metropolitan Opera Day" throughout these United States. Approved October 14, 1983. LEGISLATIVE HISTORY—S.J. Res. 128: CONGRESSIONAL RECORD, Vol. 129 (1983): Sept. 20, considered and passed Senate. Oct. 4, considered and passed House.

�


text:
Page:United States Statutes at Large Volume 97.djvu/880

 97 STAT. 848 PUBLIC LAW 98-131—OCT. 17, 1983 Public Law 98-131 98th Congress An Act Oct. 17, 1983 To designate the United States Post Office Building in Oshkosh, Wisconsin, as the [H.R. 3835] "William A. Steiger Post Office Building". Be it enacted by the Senate and House of Representatives of the William A. United States of America in Congress assembled, That the United OffiSBuilding States Post Office Building located at 1025 West 20th Avenue, Designation. Oshkosh, Wisconsin, shall hereafter be known and designated as the "William A. Steiger Post Office Building". Any reference in any law, map, regulation, document, record, or other paper of the United States to that building shall be deemed to be a reference to the "William A. Steiger Post Office Building". Approved October 17, 1983. LEGISLATIVE HISTORY—H.R. 3835: CONGRESSIONAL RECORD, Vol. 129 (1983): Oct. 5, considered and passed House. Oct. 6, considered and passed Senate.

�


text:
Page:United States Statutes at Large Volume 97.djvu/881

 PUBLIC LAW 98-132—OCT. 17, 1983 97 STAT. 849 Public Law 98-132 98th Congress An Act To designate the Foundation for the Advancement of Military Medicine as the "Henry M. Jackson Foundation for the Advancement of Military Medicine", and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That (a) the Foun- dation for the Advancement of Military Medicine established pursu- ant to section 178 of title 10, United States Code, shall be designated and hereafter known as the "Henry M. Jackson Foundation for the Advancement of Military Medicine", in honor of the late Henry M. Jackson, United States Senator from the State of Washington. Any reference to the Foundation for the Advancement of Military Medi- cine in any law, regulation, document, record, or other paper of the United States shall be held and considered to be a reference to the "Henry M. Jackson Foundation for the Advancement of Military Medicine". (b) The Council of Directors referred to in subsection (c) of section 178 of such title shall take such action as is necessary under the Corporations and Associations Articles of the State of Maryland to amend the corporate name of the Foundation for the Advancement of Military Medicine established under such section to reflect the designation made by the first sentence of subsection (a). SEC. 2. (a)(1) Section 178 of title 10, United States Code, is amended— (A) by inserting "The Henry M. Jackson" before "Founda- tion" in the section heading; and (B) by inserting "Henry M. Jackson" before "Foundation for the Advancement of Military Medicine" in subsection (a). (2) The item in the table of sections at the beginning of chapter 7 of such title relating to section 178 is amended to read as follows: "178. The Henry M. Jackson Foundation for the Advancement of Military Medicine.". (b) Section 2113(j) of title 10, United States Code, is amended by inserting "Henry M. Jackson" before "Foundation for the Advance- ment of Military Medicine" each place it appears. Approved October 17, 1988. Oct. 17, 1983 [S. 1894] Henry M. Jackson Foundation for the Advancement of Military Medicine. Designation. 10 USC 178 note. Ante, p. 200. Ante, p. 201. LEGISLATIVE HISTORY—S. 1894: CONGRESSIONAL RECORD, Vol. 129 (1983): Sept. 30, considered and passed Senate. Oct. 5, considered and passed House.

�


text:
Page:United States Statutes at Large Volume 97.djvu/882

 97 STAT. 850 PUBLIC LAW 98-133—OCT. 18, 1983 Public Law 98-133 98th Congress Oct. 18, 1983 [H.R. 1556] Liberty ship John W. Brown. Vessel conveyance. Ante, p. 217. An Act To authorize the conveyance of the Liberty ship John W. Brown. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, notwithstand- ing any other provision of law, the Secretary of Transportation (hereinafter in this Act referred to as the "Secretary") may convey, subject to such conditions he deems appropriate and subject to the conditions set forth in section 2, the right, title, and interest of the United States in the vessel John W. Brown to a nonprofit corpora- tion (hereinafter in this Act referred to as the "recipient") for usc as a merchant marine memorial. If such a conveyance is made, the Secretary shall deliver the vessel to the recipient at the place where the vessel is located on the date of the enactment of this Act, in its present condition, without cost to the United States. SEC. 2. The conveyance of the vessel John W. Brown under the first section of this Act shall be subject to the following conditions: (1) The recipient shall usc the vessel as a nonprofit merchant marine memorial museum and may not usc it for commercial transportation purposes. (2) If the United States has need for the vessel at a later date, the recipient, at the request of the Secretary, shall make the vessel available to the United States without cost to the United States. (3) In the event the recipient no longer requires the vessel for usc as a merchant marine memorial museum, the recipient shall, at the discretion of the Secretary, reconvey the vessel to the United States in as good a condition as when it was received from the United States, except for ordinary wear and tear, and shall deliver it to the United States at the place where the vessel was delivered to the recipient. SEC. 3. Nothing in this Act shall require the Secretary to retain this vessel in the Reserve Fleet for a period longer than two years from the date of enactment. SEC. 4. Section 202 of the Act of July 12, 1983 (Public Law 98-44), is amended by striking "July 1, 1983," and substituting "August 1, 19oo,. Approved October 18, 1983. LEGISLATIVE HISTORY—H.R. 1556: HOUSE REPORT No. 98 -261 (Coram, on Merchant Marine and Fisheries). CONGRESSIONAL RECORD, Vol. 129 (1983): Aug. 2, considered and passed House. Sept. 80, considered and passed Senate, amended. Oct. 6, House concurred in Senate amendment.

�


text:
Page:United States Statutes at Large Volume 97.djvu/883

 PUBLIC LAW 98-134—OCT. 18, 1983 97 STAT. 851 Public Law 98-134 98th Congress An Act To settle certain claims of the Mashantucket Pequot Indians. Be it enacted by the Senate and House of Representative of the United States of America in Congress assembled, That this Act may be cited as the "Mashantucket Pequot Indian Claims Settlement Act". CONGRESSIONAL FINDINGS SEC. 2. The Congress finds that— (a) there is pending before the United States District Court for the District of Connecticut a civil action entitled "Western Pequot Tribe of Indians against Holdridge Enterprises Incorpo- rated, et al.. Civil Action Numbered H76-193 (D. Conn.)," which I involves Indian claims to certain public and private lands within the town of Ledyard, Connecticut; (b) the pendency of this lawsuit has placed a cloud on the titles to much of the land in the town of Ledyard, including lands not involved in the lawsuit, which has resulted in severe economic hardships for the residents of the town; (c) the Congress shares with the State of Connecticut and the parties to the lawsuit a desire to remove all clouds on titles resulting from such Indian land claims; (d) the parties to the lawsuit and others interested in the settlement of Indian land claims within the State of Connecticut have reached an agreement which requires implementing legis- lation by the Congress of the United States and the Legislature of the State of Connecticut; (e) the Western Pequot Tribe, as represented as of the time of the passage of this Act by the Mashantucket Pequot Tribal Council, is the sole successor in interest to the aboriginal entity generally known as the Western Pequot Tribe which years ago claimed aboriginal title to certain lands in the State of Con- necticut; and (f) the State of Connecticut is contributing twenty acres of land owned by the State of Connecticut to fulfill this Act. The State of Connecticut will construct and repair three sections of paved or gravel roadways within the reservation of the Tribe. The State of Connecticut has provided special services to the members of the Western Pequot Tribe residing within its bor- ders. The United States has provided few, if any, special services to the Western Pequot Tribe and has denied that it had jurisdic- tion over or responsibility for said Tribe. In view of the provi- sion of land by the State of Connecticut, the provision of paved roadways by the State of Connecticut, and the provision of special services by the State of Connecticut without being required to do so by Federal law, it is the intent of Congress that the State of Connecticut not be required to otherwise contribute directly to this claims settlement. Oct. 18, 1983 [S. 1499] Mashantucket Pequot Indian Claims Settlement Act. 25 USC 1751 note. 25 USC 1751.

�


text:
Page:United States Statutes at Large Volume 97.djvu/884

 97 STAT. 852 PUBLIC LAW 98-134—OCT. 18, 1983 DEFINITIONS 25 USC 1752. SEC. 3. For the purposes of this Act— (1) The term "Tribe" means the Mashantucket Pequot Tribe (also known as the Western Pequot Tribe) as identified by chapter 832 of the Connecticut General Statutes and all its predecessors and successors in interest. The Mashantucket Pequot Tribe is represented, as of the date of the enactment of this Act, by the Mashantucket Pequot Tribal Council. (2) The term "land or natural resources" means any real property or natural resources, or any interest in or right involv- ing any real property or natural resources, including without limitation minerals and mineral rights, timber and timber rights, water and water rights, and hunting and fishing rights. (3) The term "private settlement lands" means— (A) the eight hundred acres, more or less, of privately held land which are identified by a red outline on a map filed with the secretary of the State of Connecticut in accordance with the agreement referred to in section 2(d) of this Act, and (B) the lands known as the Cedar Swamp which are adjacent to the Mashantucket Pequot Reservation as it exists on the date of the enactment of this Act. Within thirty days of the enactment of this Act, the secretary of the State of Connecticut shall transmit to the Secretary a certified copy of said map. (4) The term "settlement lands" means— (A) the lands described in sections 2(a) and 3 of the Act To Implement the Settlement of the Mashantucket Pequot Indian Land Claims as enacted by the State of Connecticut and approved on June 9, 1982, and (B) the private settlement lands. (5) The term "Secretary" means the Secretary of the Interior. (6) The term "transfer" means any transaction involving, or any transaction the purpose of which was to effect, a change in title to or control of any land or natural resources, and any act, event, or circumstance that resulted in a change in title to, possession of, dominion over, or control of land or natural resources, including any sale, grant, lease, allotment, partition, or conveyance, whether pursuant to a treaty, compact, or stat- ute of a State or otherwise. (7) The term "reservation" means the existing reservation of the Tribe as defined by chapter 824 of the Connecticut General Statutes and any settlement lands taken in trust by the United States for the Tribe. APPROVAL OF PRIOR TRANSFERS; EXTINGUISHMENT OF ABORIGINAL TITLES AND INDIAN CLAIMS 25 USC 1753. SEC. 4. (a) Any transfer before the date of enactment of this Act from, by, or on behalf of the Tribe or any of its members of land or natural resources located anywhere within the United States, and any transfer before the date of enactment of this Act from, by, or on behalf of any Indian, Indian nation, or tribe or band of Indians of land or natural resources located an3rwhere within the town of Ledyard, Connecticut, shall be deemed to have been made in accord- ance with the Constitution and all laws of the United States,

�


text:
Page:United States Statutes at Large Volume 97.djvu/885

 PUBLIC LAW 98-134—OCT. 18, 1983 97 STAT. 853 including without limitation the Trade and Intercourse Act of 1790, Act of July 22, 1790 (ch. 33, sec. 4, 1 Stat. 137, 138), and all amendments thereto and all subsequent reenactments and versions thereof, and Congress hereby does approve and ratify any such transfer effective as of the date of said transfer. (b) By virtue of the approval and ratification of a transfer of land or natural resources effected by subsection (a), any aboriginal title held by the Tribe or any member of the Tribe, or any other Indian, Indian nation, or tribe or band of Indians, to any land or natural resources the transfer of which was approved and ratified by subsec- tion (a) shall be regarded as extinguished as of the date of such transfer. (c) By virtue of the approval and ratification of a transfer of land or natural resources effected by this section, or the extinguishment of aboriginal title effected thereby, any claim (including any claim for damages for trespass or for usc and occupancy) by, or on behalf of, the Tribe or any member of the Tribe or by any other Indian, Indian nation, or tribe or band of Indians, against the United States, any State or subdivision thereof or any other person which is based on— (1) any interest in or right involving any land or natural resources the transfer of which was approved and ratified by subsection (a), or (2) any aboriginal title to land or natural resources the extin- guishment of which was effected by subsection (b), shall be regarded as extinguished as of the date of any such transfer. (d) Nothing in this section shall be construed to afiect or eliminate the personal claim of any individual Indian (except for Federal common law fraud claim) which is pursued under any law of general applicability that protects non-Indians as well as Indians. (e)(1) This section shall take effect upon the appropriation of $900,000 as authorized under section 5(e) of this Act. (2) The Secretary shall publish notice of such appropriation in the Federal Register when the funds are deposited in the fund estab- lished under section 5(a) of this Act. Effective date. Notice, publication in Federal Register. MASHANTUCKET PEQUOT SETTLEMENT FUND Establishment. 25 USC 1754. SEC. 5. (a) There is hereby established in the United States Treasury an account to be known as the Mashantucket Pequot Settlement Fund (hereinafter referred to in this section as the "Fund"). The Fund shall be held in trust by the Secretary for the benefit of the Tribe and administered in accordance with this Act. (b)(1) The Secretary is authorized and directed to expend, at the Expenditure request of the Tribe, the Fund together with any and all income accruing to such Fund in accordance with this subsection. (2) Not less than $600,000 of the Fund shall be available until January 1, 1985, for the acquisition by the Secretary of private settlement lands. Subsequent to January 1, 1985, the Secretary shall determine whether and to what extent an amount less than $600,000 has been expended to acquire private settlement lands and shall make that amount available to the Tribe to be used in accordance with the economic development plan approved pursuant to para- graph (3). (3)(A) The Secretary shall disburse all or part of the Fund together Disbursement, with any and all income accruing to such Fund (excepting the Private settlement lands.

�


text:
Page:United States Statutes at Large Volume 97.djvu/886

 97 STAT. 854 PUBLIC LAW 98-134—OCT. 18, 1983 Economic development plan. Disapproval notice. Waiver of liability. 25 USC 162a. Trust responsibility. Terms. Trust responsibility. Land or natural resources, acquisition. 40 USC 257. 40 USC 258a. eondemnation proceedings. Involuntary conversion. 26 USC 1. 26 USC 1033. amount reserved in paragraph (2)) according to a plan to promote the economic development of the Tribe. (B) The Tribe shall submit an economic development plan to the Secretary and the Secretary shall approve such plan within sixty days of its submission if he finds that it is reasonably related to the economic development of the Tribe. If the Secretary does not ap- prove such plan, he shall, at the time of his decision, set forth in writing and with particularity, the reasons for his disapproval. (C) iTie Secretary may not agree to terms which provide for the investment of the Fund in a manner inconsistent with the first section of the Act of June 24, 1938 (52 Stat. 1037), unless the Tribe first submits a specific waiver of liability on the part of the United States for any loss which may result from such an investment. (D) The Tribe may, with the approval of the Secretary, alter the economic development plan subject to the conditions set forth in subparagraph (B). (4) Under no circumstances shall any part of the Fund be distrib- uted to any member of the Tribe unless pursuant to the economic development plan approved by the Secretary under paragraph (3). (5) As the Fund or any portion thereof is disbursed by the Secre- tary in accordance with tms section, the United States shall have no further trust responsibility to the Tribe or its members with respect to the sums paid, any subsequent expenditures of these sums, or any property other than private settlement lands or services purchased with these sums. (6) Until the Tribe has submitted and the Secretary has approved the terms of the use of the Fund, the Secretary shall fix the terms for the administration of the portion of the Fund as to which there is no agreement. (7) Lands or natural resources acquired under this subsection which are located within the settlement lands shall be held in trust by the United States for the benefit of the Tribe. (8) Land or natural resources acquired under this subsection which are located outside of the settlement lands shall be held in fee by the Mashantucket Pequot Tribe, and the United States shall have no further trust responsibility with respect to such land and natural resources. Such land and natural resources shall not be subject to any restriction against alienation under the laws of the United States. (9) Notwithstanding the provisions of the first section of the Act of August 1, 1888 (25 Stat. 357, chapter 728), as amended, and the first section of the Act of February 26, 1931 (46 Stat. 1421, chapter 307), the Secretary may acquire land or natural resources under this section from the ostensible owner of the land or natural resources only if the Secretary and the ostensible owner of the land or natural resources have agreed upon the identity of the land or natural resources to be sold and upon the purchase price and other terms of sale. Subject to the agreement required by the preceding sentence, the Secretary may institute condemnation proceedings in order to perfect title, satisfactory to the Attorney General, in the United States and condemn interests adverse to the ostensible owner. (c) For the purpose of subtitle A of the Internal Revenue Code of 1954, any transfer of private settlement lands to which subsection (b) applies shall be deemed to be an involuntary conversion within the meaning of section 1033 of such Code. (d) The Secretary may not expend on behalf of the Tribe any sums deposited in the Fund established pursuant to subsection (a) of this

�


text:
Page:United States Statutes at Large Volume 97.djvu/887

 PUBLIC LAW 98-134—OCT. 18, 1983 97 STAT. 855 section unless and until he finds that authorized officials of the Tribe have executed appropriate documents relinquishing all clauns to the extent provided by sections 4 and 10 of this Act, including stipulations to the final judicial dismissal with prejudice of ite cl£ums. (e) There is authorized to be appropriated $900,000 to be deposited in the Fund. JURISDICTION OVER RESERVATION Drogriation authorization. SEC. 6. Notwithstanding the provision relating to a special election 25 USC 1755. in section 406 of the Act of April 11, 1968 (82 Stat. 80; 25 U.S.C. 1326), the reservation of the Tribe is declared to be Indian country subject to State jurisdiction to the maximum extent provided in title IV of such Act. 25 USC 1321. LIMITATION OF ACTIONS: FEDERAL COURT JURISDICTION SEC. 7. (a) Notwithstanding any other provision of law, the consti- tutionality of this Act may not be drawn into question in any action unless such question has been raised in— (1) a pleading contained in a complaint filed before the end of the one-hundrerand-eighty-day period beginning on the date of the enactment of this Act, or (2) an answer contained in a reply to a complaint before the end of such period. (b) Notwithstfiuiding any other provision of law, exclusive jurisdic- tion of any action in which the constitutionality of this Act is drawn into question is vested in the United States District Court for the District of Connecticut. (c) Any action to which subsection (a) applies and which is brought in the court of any State may be removed by the defendant to the United States District Court for the District of Connecticut. (d) Except as provided in this Act, no provision of this Act shall be construed to constitute a jurisdictional act, to confer jurisdiction to sue, or to grant implied consent to any Indian, Indian nation, or tribe or band of Indians to sue the United States or any of its officers with respect to the claims extinguished by the operation of this Act. constitutionality. 25 USC 1756. RESTRICTION AGAINST ALIENATION SEC. 8. (a) Subject to subsection (b), lands within the reservation 25 USC 1757. which are held in trust by the Secretary for the benefit of the Tribe or which are subject to a Federal restraint against alienation at any time after the date of the enactment of this Act shall be subject to the laws of the United States relating to Indian lands, including section 2116 of the Revised Statutes (25 U.S.C. 177). (b) Notwithstanding subsection (a), the Tribe may lease lands for Land leases. any term of years to the Mashantucket Pequot Housing Authority, or any successor in interest to such Authority. EXTENSION OF FEDERAL RECOGNITION AND PRIVILEGES SEC. 9. (a) Notwithstanding any other provision of law. Federal 25 USC i758. recognition is extended to the Tribe. Except as otherwise provided in this Act, all laws and r^^ilations of the United States of general application to Indians or Lidian nations, tribes or bands of Indians

�


text:
Page:United States Statutes at Large Volume 97.djvu/888

 97 STAT. 856 PUBLIC LAW 98-134—OCT. 18, 1983 Organic governing document. Federal services and benefits, eligibility. which are not inconsistent with any specific provision of this Act shall be applicable to the Tribe. (b) The Tribe shall file with the Secretary a copy of its organic governing document and any amendments thereto. Such instrument must be consistent with the terms of this Act and the Act to Implement the Settlement of the Mashantucket Pequot Indian Land Claim as enacted by the State of Connecticut and approved June 9, 1982. (c) Notwithstanding any other provision of law, the Tribe and members of the Tribe shall be eligible for all Federal services and benefits furnished to federally recognized Indian tribes as of the date of enactment of this Act. OTHER CLAIMS DISCHARGED BY THIS ACT 25 USC 1759. SEC 10. Except as expressly provided herein, this Act shall consti- tute a general discharge and release of all obligations of the State of Connecticut and all of its political subdivisions, agencies, depart- ments, and all of the officers or employees thereof arising fiom any treaty or agreement with, or on behalf of the TVibe or the United States as trustee therefor. Provisions held invalid. 25 USC 1760. INSEPARABILITY SEC. 11. In the event that any provision of section 4 of this Act is held invaUd, it is the intent of Congress that the entire Act be invalidated. In the event that any other section or provision of this Act is held invalid, it is the intent of Congress that the remaining sections of this Act shall continue in full force and effect. Approved October 18, 1983. LEGISLATIVE HISTORY—S. 1499 (S. 366) (H.R. 982): SENATE REPORT No. 98 -222 (Comm. on Indian Affairs). CONGRESSIONAL RECORD, Vol. 129 (1983): Sept. 30, considered and passed Senate. Oct. 4, considered and passed House.

�