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 plement, forming a third volume, and including ‘Reflections upon Bolingbroke's Letters on the Study of History,’ was separately published in 1753. The whole work was afterwards with some changes published in two volumes. It is written as a series of letters to a friend, explained in later editions to be Dr. Thomas Wilson, rector of St. Stephen's, Walbrook, and son of the famous Bishop of Sodor and Man. Wilson had encouraged Leland to write against Bolingbroke, and when the booksellers refused to offer more than 50l. for the copy of the ‘Deistical Writers,’ published it at his own expense. The book, after passing through several editions, was edited by William Laurence Brown [q. v.] in 1798, with ‘A View of the Present Times’ appended.

Leland's other works are: An historical romance, called ‘Longsword, Earl of Canterbury,’ published anonymously in 1762, was reprinted in 1831 as ‘by John Leland, D.D.,’ but can hardly have been his work.
 * 1) ‘Answer to a late book [by Matthew Tindal] entitled “Christianity as old as the Creation,”’ 1733.
 * 2) ‘The Divine Authority of the Old and New Testament asserted, against the unjust Aspersions and false Reasonings of a book [by Thomas Morgan] entitled “The Moral Philosopher,”’ 1739; and second volume, in answer to Morgan's reply, 1740; German translation in 1756.
 * 3) ‘A Defence of Christianity, in two parts’ (the first on reason and revelation, the second in reply to Tindal), 1740; second edition, 1753.
 * 4) ‘Remarks on [Dodwell's] Christianity not founded on Argument,’ 1744.
 * 5) ‘The Case fairly stated; or Inquiry how far the Clause lately rejected by … the House of Commons would … have affected the Liberties of the People of Ireland,’ 1754.
 * 6) ‘The Advantage and Necessity of the Christian Revelation, shown from the State of Religion in the Antient Heathen World …’ 1764; 3rd edition in 1819.
 * 7) ‘Discourses on various Subjects,’ 4 vols. 1768–9, with life by the Rev. Isaac Weld, who preached his funeral sermon.

A portrait was engraved by Hall.

LELAND, THOMAS, D.D. (1722–1785), historian, was born in Dublin in 1722, and after education at the school of Dr. Thomas Sheridan [q. v.], entered Trinity College, Dublin, in 1737. He graduated B.A. 1741, and was elected a fellow in 1746. In 1754, with Dr. John Stokes, he published a text and Latin translation with notes of ‘The Philippic Orations of Demosthenes.’ He was one of the men of letters who used to visit Lord Charlemont at Marino; he was very intimate with all the Caulfeild family, and a long letter from him to Charlemont is printed in ‘Historical Manuscripts Commission,’ 12th Rep. App. x. p. 278. Charlemont persuaded him to publish an English translation of ‘The Orations of Demosthenes against Philip,’ which appeared in parts from 1754 to 1761, and in a complete edition in 1770, and was frequently reissued. In 1758 he published, in two volumes quarto, ‘The History of Philip, King of Macedon,’ and in 1764 ‘A Dissertation on the Principles of Human Eloquence.’ A second edition appeared in 1765, with strictures on Warburton's ‘Discource on Grace.’ This gave rise to a controversy in which [q. v.] was his chief opponent. He was appointed to the vicarage of Bray, co. Wicklow, and there began in 1768 his ‘History of Ireland from the Invasion of Henry II, with a preliminary Discourse on the Ancient State of that Kingdom,’ which was published in three volumes quarto in 1773 (3rd edit. 1774). A French translation in seven volumes was published in 1779 at Maestricht. The history contains few references to original authorities, and is in great part based upon the writings of Moryson, Ware, Cox, Harris, and Carte. It is a dry narrative, and exhibits little knowledge of topography or of literature. It concludes with the capitulation of Limerick in 1691. Richard Shackleton was induced by an anonymous correspondent, who pretended to be Leland, to write his opinion of the book to the author, and this led to a real correspondence on the history, which Shackleton approved. In 1766 Leland bought the Irish manuscript chronicle, since printed as the ‘Annals of Loch Cé,’ and gave it to the library of Trinity College. This was perhaps his greatest service to Irish history. He was installed a prebendary of St. Patrick's Cathedral in 1768, and in 1773 he became vicar of St. Anne's, Dublin. In 1774 Charlemont supported his unsuccessful candidature for the provostship of Trinity College. He resided at 18 Clare Street, Dublin. Two of his sermons on days of appointed fast, 13 Dec. 1776 and 10 Feb. 1779, were published separately, and a collected volume, ‘Sermons on Various Subjects,’ in 1788 in Dublin. He gave up his fellowship for the college living of Ardstraw, co. Tyrone, in 1781, and died in Dublin in August 1785. Leland was a friend of Burke, and Edward Murphy called him ‘the most charitable man alive.’

Leland's portrait was painted by Reynolds and engraved by Stainer. [Works; A. Webb's Compendium of Irish Biography; W. Harrison's Memorable Dublin Houses, 1890; Hist. MSS. Comm. 12th Rep.


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 PUBLIC LAW 94-163—DEC. 22, 1975

89 STAT. 963

may be necessary to prevent special hardship, inequity, or an unfair distribution of burdens and shall in rules prescribed by it establish procedures which are available to any person for the purpose of seeking an interpretation, modification, or rescission of, or an exception to or exemption from, such rules, regulations and orders. If such person is aggrieved or adversely affected by the denial of a request for such action under the preceding sentence, he may request a review of such denial by the officer or agency and may obtain judicial review in accordance with subsection (b) or other applicable law when such denial becomes final. The officer or agency shall, by rule, establish appropriate procedures, including a hearing where deemed advisable, for considering such requests for action under this paragraph. (b) The procedures for judicial review established by section 211 Judicial review. of the Economic Stabilization Act of 1970 shall apply to proceedings 12 USC 1904 to which subsection (a) applies, as if such proceedings took place note. under such Act. Such procedures for judicial review shall apply notwithstanding the expiration of the Economic Stabilization Act of 1970. (c) Any agency authorized to issue any rule, regulation, or order described in subsection (a)(1) shall, upon written request of any person, which request is filed after any grant or denial of a request for exception or exemption from any such rule, regulation, or order, furnish such person, within 30 days after the date on which such request is filed, with a written opinion setting forth applicable facts and the legal basis in support of such grant or denial. PROHIBITED ACTS

42 USC 6394, SEC. 524. It shall be unlawful for any person— (1) to violate any provision of title I or title II of this Act or Ante, pp. 87,'j, this title (other than any provision of such titles which amend 890. another law), (2) to violate any rule, regulation, or order issued pursuant to any such provision or any provision of section 383 of this Act; or (3) to fail to comply with any provision prescribed in, or pursuant to, an energy conservation contingency plan which is in effect. ENFORCEMENT

SEC. 525. (a) Whoever violates section 524 shall be subject to a civil Penalties. 42 USC 6395. penalty of not more than $5,000 for each violation. (b) Whoever willfully violates section 524 shall be fined not more than $10,000 for each violation. (c) Any person who knowingly and willfully violates section 524 with respect to the sale, offer of sale, or distribution in commerce of a product or commodity after having been subjected to a civil penalty for a prior violation of section 624 with respect to the sale, offer of sale, or distribution in commerce of such product or commodity shall be fined not more than $50,000 or imprisoned not more than 6 months, or both. (d) Whenever it appears to any 'officer or agency of the United States in whom is vested, or to whom is delegated, authority under this Act that any person has engaged, is engaged, or is about to engage in acts or practices constituting a violation of section 524, such officer or agency may request the Attorney General to bring an action in an appropriate district court of the United States to enjoin such acts or practices, and upon a proper showing a temporary restraining order or a preliminary or permanent injunction shall be granted without

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 89 STAT. 964

PUBLIC LAW 94-163—DEC. 22, 1975 bond. Any such court may also issue mandatory injunctions commanding any person to comply with any rule, regulation, or order described in section 524. (e)(1) Any person suffering legal wrong because of any act or practice arising out of any violation of any provision of this Act described in paragraph (2), may bring an action in an appropriate district court of the United States without regard to the amount in controversy, for appropriate relief, including an action for a declaratory judgment or writ of injunction. Nothing in this subsection shall authorize any person to recover damages. (2) The provisions of this Act referred to in paragraph (1) are as follows: ^A) Section 202 (relating to energy conservation plans). (B) Section 251 (relating to international oil allocation). (C) Section 252 (relating to international voluntary agreements). (D) Section 253 (relating to advisory committees). (E) Section 254 (relating to international exchange of information). (F) Section 521 (relating to prohibition on certain actions). EFFECT ON OTHER LAWS

42 USC 6396. Ante, pp. 875, °^^-

SEC. 526. No State law or State program in effect on the date of enactment of this Act, or which may become effective thereafter, shall be superseded by any provision of title I or II of this Act (other than any provision of such title which amends another law) or any rule, regulation, or order thereunder, except insofar as such State law or State program is in conflict with such provision, rule, regulation, or order. TRANSFER OF AUTHORITY

42 USC 6397. 15 USC 774.

SEC. 52Y. In accordance with section 15(a) of the Federal Energy Administration Act of 1974, the President shall designate, where applicable and not otherwise provided by law, an appropriate Federal agency to carry out functions vested in the Administrator under this Act and amendments made thereby after the termination of the Federal Energy Administration. AUTHORIZATION OF APPROPRIATIONS FOR I N T E R I M PERIOD

42 USC 6398.

SEC. 528. Any authorization of appropriations in this Act, or in any amendment to any other law made by this Act, for the fiscal year 1976 shall be deemed to include an additional authorization of appropriations for the period beginning July 1, 1976, and ending September 30, 1976, in amounts which equal one-fourth of any amount authorized for fiscal year 1976, unless appropriations for the same purpose are specifically authorized in a law hereinafter enacted. INTRASTATE NATURAL GAS

42 USC 6399.

SEC. 529. No provision of this Act shall permit the imposition of any price controls on, or require any allocation of, natural gas not subject to the jurisdiction of the Federal Power Commission. LIMITATION ON LOAN GUARANTEES

42 USC 6400.

SEC. 530. Loan guarantees and obligation guarantees under this Act or any amendment to another law made by this Act may not be

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 PUBLIC LAW 94-163—DEC. 22, 1975

89 STAT. 965

issued in violation of any limitation in appropriations or other Acts, with respect to the amounts of outstanding obligational authority. EXPIRATION

SEC. 531. Except as otherwise provided in title I or title II, all 42 USC 6401. authority under any provision of title I or title II (other than a Ante, pp. 875, provision of either such title amending another law) and any rule, ^90. regulation, or order issued pursuant to such authority, shall expire at midnight, June 30, 1985, but such expiration shall not affect any action or p e n d i n g proceedings, civil or criminal, not finally determined on such date, nor any action or proceeding based upon any act committed prior to midnight, June 30, 1985. P A R T C—CONGRESSIONAL KEVIEW PROCEDURE FOR CONGRESSIONAL REVIEW OF PRESIDENTIAL REQUESTS TO IMPLEMENT CERTAIN AUTHORITIES

SEC. 551. (a) For purposes of this section, the term "energy action" means any matter required to be transmitted, or submitted to the Congress in accordance with the procedures of this section. (b) The President shall transmit any energy action (bearing an identification number) to both Houses of Congress on the same day. I f both Houses are not in session on the day any energy action is received by the appropriate officers of each House, for purposes of this section such energy action shall be deemed to have been transmitted on the first succeeding day on which both Houses are in session. (c)(1) Except as provided in paragraph (2) of this subsection^ if energy action is transmitted to the Houses of Congress, such action shall take effect at the end of the first period of 15 calendar days of continuous session of Congress after the date on which such action is transmitted to such Houses, unless between the date of transmittal and the end of such 15-day period, either House passes a resolution stating in substance that such House does not favor such action. (2) A n energy action described in paragraph (1) may take effect prior to the expiration of the 15-calendar-day period after the date on which such action is transmitted, if each House of Congress approves a resolution affirmatively stating in substance that such House does not object to such action. (d) For the purpose of subsection (c) of this section— (1) continuity of session is broken only by an adjournment of Congress sine die; and (2) the days on which either House is not in session because of an adjournment of more than 3 days to a day certain are excluded in the computation of the 15-calendar-day period. (e) Under provisions contained in an energy action, a provision of such an action may take effect on a date later than the date on which such action otherwise takes effect pursuant to the provisions of this section. (f)(1) T h i s subsection is enacted by Congress— (A) as an exercise of the rulemaking power of the Senate and the House of Representatives, respectively, and as such it is deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of resolutions described by paragraph (2) of this subsection; and it supersedes other rules only to the extent that it is inconsistent the r e w i t h; and

42 USC 6421. "Energy action." Transmittal to Congress,

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 89 STAT. 966

'Resolution."

PUBLIC LAW 94-163—DEC. 22, 1975 (B) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner and to the same extent as in the case of any other rule of the House. (2) For purposes of this subsection, the term "resolution" means only a resolution of either House of Congress described in subparagraph (A) or (B) of this paragraph. (A) A resolution the matter after the resolving clause of which is as follows: "That the does not object to the energy action numbered submitted to the Congress on, 19 ", the first blank space therein being filled with the name of the resolving House and the other blank spaces being appropriately filled; but does not include a resolution which specifies more than one energy action. (B) A resolution the matter after the resolving clause of which is as follows: "That the does not favor the energy action numbered transmitted to Congress on -, 19 ", the first blank space therein being filled with the name of the resolving House and the other blank spaces therein being appropriately filled; but does not include a resolution which specifies more than one energy action. (3) A resolution once introduced with respect to an energy action shall immediately be referred to a committee (and all resolutions with respect to the same plan shall be referred to the same committee) by the President of the Senate or the Speaker of the House of Representatives, as the case may be. (4)(A) If the committee to which a resolution with respect to an energy action has been referred has not reported it at the end of 5 calendar days after its referral, it shall be in order to move either to discharge the committee from further consideration of such resolution or to discharge the committee from further consideration of any other resolution with respect to such energy action which has been referi-ed to the committee. (B) A motion to discharge may be made only by an individual favoring the resolution, shall be highly privileged (except that it may not be made after the committee has reported a resolution with respect to the same energy action), and debate thereon shall be limited to not more than one hour, to be divided equally between those favoring and those opposing the resolution. An amendment to the motion shall not be in order, and it shall not be in order to move to reconsider the vote by which the motion was agreed to or disagreed to. (C) If the motion to discharge is agreed to or disagreed to, the motion may not be renewed, nor may another motion to discharge the committee be made with respect to any other resolution with respect to the same energy action. (5)(A) When the committee has reported, or has been discharged from further consideration of, a resolution, it shall be at any time thereafter in order (even though a previous motion to the same effect has been disagreed to) to move to proceed to the consideration of the resolution. The motion shall be highly privileged and shall not be debatable. An amendment to the motion shall not be in order, and it shall not be in order to move to reconsider the vote by which the motion was agreed to or disagreed to. (B) Debate on the resolution referred to in subparagraph (A) of this paragraph shall be limited to not more than 10 hours, which shall be divided equally between those favoring and those opposing such resolution. A motion further to limit debate shall not be debatable.

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 PUBLIC LAW 94-163—DEC. 22, 1975

89 STAT. 967

An amendment to, or motion to recommit, the resolution shall not be in order, and it shall not be in order to move to reconsider the vote by which such resolution was agreed to or disagreed to; except that it shall be in order— (i) to offer an amendment in the nature of a substitute, consisting of the text of a resolution described in paragraph (2)(A) of this subsection with respect to an energy action, for a resolution described in paragraph (2)(B) of this subsection with respect to the same such action, or (ii) to offer an amendment in the nature of a substitute, consisting of the text of a resolution described in paragraph (2)(B) of this subsection with respect to an energy action, for a resolution described in paragraph (2)(A) of this subsection with respect to the same such action. The amendments described in clauses (i) and (ii) of this subparagraph shall not be amendable. (6)(A) Motions to postpone, made with respect to the discharge from committee, or the consideration of a resolution and motions to proceed to the consideration of other business, shall be decided without debate. (B) Appeals from the decision of the Chair relating to the application of the rules of the Senate or the House of Representatives, as the case may be, to the procedure relating to a resolution shall be decided without debate. (7) Notwithstanding any of the provisions of this subsection, if a House has approved a resolution with respect to an energy action, then it shall not be in order to consider in that House any other resolution with respect to the same such action. EXPEDITED PROCEDURE FOR CONGRESSIONAL CONSIDERATION OE CERTAIN AUTHORITIES

SEC. 552. (a) Any contingency plan transmitted to the Congress Contingency pursuant to section 201(a)(1) shall bear an identification number and pl*iis. shall be transmitted to both Houses of Congress on the same day and 42 USC 6422. to each House while it is in session. (b) No such contingency plan may be considered approved for purposes of section 201(a)(2) of this Act unless between the date of transmittal and the end of the first period of 60 calendar days of continuous session of Congress after the date on which such action is transmitted to such House, each House of Congress passes a resolution described in subsection (d)(2). (c) For the purpose of subsection (b) of this section— (1) continuity of session is broken only by an adjournment of Congress sine die; and (2) the days on which either House is not in session because of an adjournment of more than 3 days to a day certain are excluded in the computation of the 60-calendar-day period. (d)(1) This subsection is enacted by Congress— (A) as an exercise of the rulemaking power of the Senate and the House of Representatives, respectively, and as such it is deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of resolutions described by paragraph (2) of this subsection; and it supersedes other rules only to the extent that it is inconsistent therewith; and

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 89 STAT. 968

'Resolution."

PUBLIC LAW 94-163—DEC. 22, 1975 (B) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner and to the same extent as in the case of any other rule of the House. (2) For purposes of this subsection, the term "resolution" means only a resolution of either House of Congress the matter after the resolving clauses of which is as follows: "That the approves the contingency plan numbered submitted to the Congress on, 19 ", the first blank space therein being filled with the name of the resolving House and the other blank spaces being appropriately filled; but does not include a resolution which specifies more than one contingency plan. (3) A resolution once introduced with respect to a contingency plan shall immediately be referred to a committee (and all resolutions with respect to the same contingency plan shall be referred to the same committee) by the President of the Senate or the Speaker of the House of Representatives, as the case may be. (4)(A) If the committee to which a resolution with respect to a contingency plan has been referred has not reported it at the end of 20 calendar days after its referral, it shall be m order to move either to discharge the committee from further consideration of such resolution or to discharge the committee from further consideration of any other resolution with respect to such contingency plan which has been referred to the committee. (B) A motion to discharge may be made only by an individual favoring the resolution, shall be highly privileged (except that it may not be made after the committee has reported a resolution with respect to the same contingency plan), and debate thereon shall be limited to not more than 1 hour, to be divided equally between those favoring and those opposing the resolution. An amendment to the motion shall not be in order, and it shall not be in order to move to reconsider the vote by which the motion was agreed to or disagreed to. (C) If the motion to discharge is agreed to or disagreed to, the motion may not be renewed, nor may another motion to discharge the committee be made with respect to any other resolution with respect to the same contingency plan. (5)(A) When the committee has reported, or has been discharged from further consideration of, a resolution, it shall be at any time thereafter in order (even though a previous motion to the same effect has been disagreed to) to move to proceed to the consideration of the resolution. The motion shall be highly privileged and shall not be debatable. An amendment to the notion shall not be in order, and it shall not be in order to move to reconsider the vote by which the motion was agreed to or disagreed to. (B) Debate on the resolution referred to in subparagraph (A) of this paragraph shall be limited to not more than 10 hours, which shall be divided equally between those favoring and those opposing such resolution. A motion further to limit debate shall not be debatable. An amendment to, or motion to recommit the resolution shall not be in order, and it shall not be in order to move to reconsider the vote by which such resolution was agreed to or disagreed to. (6)(A) Motions to postpone, made with respect to the discharge from committee, or the consideration of a resolution and motions to proceed to the consideration of other business, shall be decided without debate.

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 PUBLIC LAW 94-163—DEC. 22, 1975 (B) Appeals from the decision of the Chair relating to the application of the rules of the Senate or the House of Representatives, as the case may be, to the procedures relating to a resolution shall be decided without debate. Approved December 22, 1975.

LEGISLATIVE HISTORY: HOUSE REPORTS: No. 94-340 accompanying H.R. 7014 (Comm. on Interstate and Foreign Commerce) and No. 94-700 (Comm. of Conference). SENATE REPORTS: No. 94-26 (Comm. on Interior and Insular Affairs) and No. 94-516 (Comm. of Conference). CONGRESSIONAL RECORD, Vol. 121 (1975): Mar. 12, 13, Apr. 7-10, considered an4 passed Senate. Sept. 23, considered and passed House, amended, in lieu of H.R. 7014. Sept. 26, Senate concurred in House amendment with an amendment. Dec. 15, House concurred in Senate amendment with an amendment. Dec. 16, 17, Senate concurred in House amendment. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 11, No. 52: Dec. 22, Presidential statement.

89 STAT. 969

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 PUBLIC LAW 9 4 - 1 6 4 — D E C. 23, 1975

89 STAT. 970

Public Law 94-164 94th Congress An Act Dec. 23, 1975 [H.R. 9968] Revenue Adjustment Act of 1975. 26 USC 1 note. 26 USC 1 note.

31 USC 1301 note.

'J'o change certain income tax provisions of the Internal Revenue Code of 1954, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the "Revenue Adjustment Act of 1975". SEC. lA. DECLARATION OF POLICY. (a) Congress is determined to continue the tax reduction for the first 6 months of 1976 in order to assure continued economic recovery. (b) Congress is also determined to continue to control spending levels in order to reduce the national deficit. (c) Congress reaffirms its commitments to the procedures established by the Congressional Budget and I m p o u n d m e n t Control Act of 1974 under which it has already established a binding spending ceiling for the fiscal year 1976. (d) I f the Congress adopts a continuation of the tax reduction provided by this Act beyond June 30, 1976, and if economic conditions w a r r a n t doing so, Congress shall provide, through the procedures in the Budget Act, for reductions in the level of spending in the fiscal year 1977 below what would otherwise occur, equal to any additional reduction in taxes (from the 1974 tax rate levels) provided for the fiscal year 1977: Provided, however, That nothing shall preclude the right of the Congress to pass a budget resolution containing a higher or lower expenditure figure if the Congress concludes that t h i s is warranted by economic conditions or unforeseen circumstances. SEC. 2. INDIVIDUAL INCOME TAX REDUCTIONS. (a) Low

26 USC 141.

INCOME ALLOWANCE.—

(1) INCREASE.—Subsection (c) of section 141 of the Internal Revenue Code of 1954 (relating to low income allowance) is amended to read as follows: " (c) Low INCOME ALLOWANCE.—

26 USC 6013.

" (1) IN GENERAL.—The low income allowance is— " (A) $2,100 in the case of— " {i) a joint r e t u r n under section 6013, or " ( i i) a surviving spouse (as defined in section 2(a)), " (B) $1,700 in the case of an individual who is not married and who is not a surviving spouse (as so defined), or " (C) $1,050 in the case of a married individual filing a separate return. " (2) APPLICATION o r 6-MONTH RULE.—Notwithstanding the pro-

visions of paragraph (1), the following amounts shall be substituted for the amount set forth in paragraph (1) — " (A) '$1,700' for '$2,100' in subparagraph (A), " (B) '$1,500' for '$1,700' in subparagraph (B), and " (C) '$850' for '$1,050' in subparagraph (C). ". (2)

26 USC 6012.

C H A N G E I N FILING REQUIREMENTS TO REFLECT INCREASE I N

LOW INCOME ALLOWANCE.—Paragraph (1)(A) of section 6012(a) of such Code (relating to persons required to make returns of income) is amended—

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 PUBLIC LAW 9 4 - 1 6 4 — D E C. 23, 1975 (A) graph (B) graph (C) graph (b)

89 STAT. 971

by striking out "$2,350" in clause (i) of such paraa n d inserting in lieu thereof "$2,450"; by striking out "$2,650" in clause (ii) of such paraa n d inserting in lieu thereof "$2,850"; and by striking out "$3,400" in clause (iii) of such paraand inserting in lieu thereof "$3,600".

PERCENTAGE STANDARD DEDUCTION.—

(1) INCREASE.—Subsection (b) of section 141 of such Code (relating to percentage standard deduction) is amended to read as follows: "(b)

26 USC 141.

PERCENTAGE STANDARD DEDUCTION.—

" (1) GENERAL RULE.—The percentage standard deduction is an amount equal to 16 percent of adjusted gross income but not to exceed— " (A) $2,800 in the case of— " (i) a joint return under section 6013, or " ( i i) a surviving spouse (as defined in section 2(a)), " (B) $2,400 in the case of an individual who is not married and who is not a surviving spouse (as so defined), or " (C) $1,400 in the case of a married individual filing a separate return.

26 USC 6013.

" (2) APPLICATION OF 6-MONTH RULE.—Notwithstanding the pro-

visions of paragraph (1) of this subsection, the following amounts shall be substituted for the amounts set forth in paragraph (1) — " (A) '$2,400' for '$2,800' in subparagraph (A), " (B) '$2,200' for '$2,400' in subparagraph (B), and " (C) '$1,200' for '$1,400' in subparagraph (C). ". (2) CONFORMING AMENDMENTS.—Section 3402(m) of such Code (relating to withholding allowances based on itemized deductions) is amended— (A) by striking out "$2,600" in paragraph (1)(B) and inserting in lieu thereof "$2,800", and (B) by striking out "$2,300" in such paragraph and inserting in lieu thereof "$2,400". (c) EARNED INCOME CREDIT.—Subsections (a) and

26 USC 3402.

(b) of section

43 o i such Code (relating to earned income credit) are amended to 26 USC 43. read as follows: " (a) ALLOWANCE OF CREDIT.—

" (1) GENERAL RULE.—In the case of an eligible individual, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to 10 percent of so much of the earned income for the taxable year as does not exceed $4,000. "(2)

APPLICATION OF 6-MONTH RULE.—Notwithstanding

the

provisions of paragraph (1), the term '5 percent' shall be substituted for the term '10 percent' where it appears in that paragraph.". "(b) LIMITATION.—

" (1) GENERAL RULE.—The amount of the credit allowable to a tax p a y e r under subsection (a) for any taxable year shall be reduced (but not below zero) by an amount equal to 10 percent of so much of the adjusted gross income (or, if greater, the earned income) of the taxpayer for the taxable year as exceeds $4,000. "(2)

APPLICATION OF e-MONTH RULE. — Notwithstanding

the

provisions of paragraph (1), the term '5 percent' shall be substituted for the term '10 percent' where it appears in that paragraph.".

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 89 STAT. 972 26 USC 43 note. 26 USC 43.

PUBLIC LAW 9 4 - 1 6 4 — D E C. 23, 1975 (d) DISREGARD OF R E F U N D. — Any refund of Federal income taxes made to any individual by reason of section 43 of the I n t e r n a l Revenue Code of 1954 (relating to earned income credit) shall not be taken into account as income or receipts for purposes of determining the eligibility, for the month in which such refund is made or any month thereafter which begins prior to July 1, 1976, of such individual or any other individual for benefits or assistance, or the amount or extent of benefits or assistance, under any Federal program or under any State or local program financed in whole or i n part with Federal funds, b u t only if such individual (or the family unit of which he is a member) is a recipient of benefits or assistance under such a program for the month before the month in which such refund is made.

26 USC 42 note.

(e) EXTENSION OF CERTAIN L O W - I N C O M E ALLOWANCE, PERCENTAGE STANDARD DEDUCTION, AND T A X CREDIT PROVISIONS.—The last sentence

Ante, p. 35. 26 USC 42 note,

of section 209(a) of the T a x Reduction Act of 1975 is amended to read ^s follows: " The amendments made by section 201(a) and 202(a) shall cease to apply to taxable years ending after December 31, 1975; those made by sections 201(b), 201 (c), and 203 shall cease to a p p l y to taxable years ending after December 31, 1976.". (f) EXTENSION OF EARNED INCOME CREDIT.—Section 209(b) of the

26 USC 43 note. 26 USC 42 note.

T a x Reduction Act of 1975 (relating to effective date for section 204) is amended by striking out " January 1, 1976," and inserting in lieu thereof " January 1, 1977.". (g) EFFECTIVE D A T E. — The amendments made by this section apply to taxable years ending after December 31, 1975, and before January 1, 1977. SEC. 3. TAXABLE INCOME CREDIT. (a) TAXABLE INCOME CREDIT.—

26 USC 42.

(1) IN GENERAL.—Section 42 of the I n t e r n a l Revenue Code of 1954 (relating to credit for personal exemptions) is amended to read as follows: "SEC. 42. TAXABLE INCOME CREDIT. " (a) ALLOWANCE OF CREDIT.—

26 USC 151.

" (1) IN GENERAL.—In the case of an individual, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year a n amount equal to the greater of— " (A) 2 percent of so much of the taxpayer's taxable income for the taxable year as does not exceed $9,000; or " (B) $35 multiplied by each exemption for which the taxpayer is entitled to a deduction for the taxable year under subsection (b) o r (e) of section 151. "(2)

APPLICATION OF SIX-MONTH RULE.—Notwithstanding the

provisions of paragraph (1) of this subsection, the percentage "1 percent" shall be substituted for "2 percent" in subparagraph (A) of such paragraph, and the amount "$17.50" shall be substituted for the amount " $ 3 5 " in subparagraph (B) of such paragraph. " (b) APPLICATION W I T H OTHER CREDITS.—The credit allowed by

26 USC 33. 26 USC 37. 26 USC 38.

subsection (a) shall not exceed the amount of the tax imposed by t h i s chapter for the taxable year. I n determining the credits allowed under— " n ^ section 33 (relating to foreign tax c r e d i t), " (2) section 37 (relating to retirement income c r e d i t), " (3) section 38 (relating to investment in certain depreciable property).

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Page:United States Statutes at Large Volume 89.djvu/1033

 PUBLIC LAW 94-164—DEC. 23, 1975

89 STAT. 973

"(4) section 40 (relating to expenses of work incentive pro- 26 USC 40. grams), and "(5) section 41 (relating to contributions to candidates for 26 USC 41. public office), the tax imposed by this chapter shall (before any other reductions) be reduced by the credit allowed by this section. "(c) SPECIAL RULE FOR MARRIED INDIVIDUALS FILING SEPARATE RETURNS.—

"(1) IN GENERAL.—Notwithstanding subsection (a), in the case of a married individual who files a separate return for the taxable year, the amount of the credit allowable under subsection (a) for the taxable year shall be equal to either— "(A) the amount determined under paragraph (1)(A) of subsection (a); or "(B) if this subparagraph applies to the individual for the taxable year, the amount determined under paragraph (1)(B) of subsection (a). For purposes of the preceding sentence, paragraph (1) of subsection (a) shall be applied by substituting '$4,500' for '$9,000'. "(2) APPLICATION or PARAGRAPH (1)(B).—Subparagraph (B)

of paragraph (1) shall apply to any taxpayer for any taxable year if— " (A) such taxpayer elects to have such subparagraph apply for such taxable year, and "(B) the spouse of such taxpayer elects to have such subparagraph apply for any taxable year corresponding, for purposes of section 142(a), to the taxable year of the 26 USC 142. taxpayer. Any such election shall be made at such time, and in such manner, as the Secretary or his delegate shall by regulations prescribe. "(3) MARITAL STATUS.—For purposes of this subsection, the determination of marital status shall be made under section 143. 26 USC 143. "(d) CERTAIN PERSONS NOT ELIGIBLE.—This section shall not apply to any estate or trust, nor shall it apply to any nonresident alien individual.". (2) CLERICAL AMENDMENT.—The table of sections for subpart A of part IV of subchapter A of chapter 1 of such Code is amended by striking out the item relating to section 42 and inserting in lieu thereof the following: "Sec. 42. Taxable income credit.", (b) EFFECTIVE DATE.—The amendments made by subsection (a)

26 USC 42 laote.

shall apply to taxable years ending after December 31, 1975. Such amendments shall cease to apply to taxable years ending after December 31, 1976. SEC. 4 CORPORATE TAX RATES AND SURTAX EXEMPTION. . (a) CoRPOiti\TE NORMAL TAX.—Section 11(a) of the Internal Revenue Code of 1954 (relating to corporate normal tax) is amended to 26 USC 11. read as follows: "(b) NORMAL TAX.— " (1) GENERAL RULE.—The normal tax is equal to—

"(A) in the case of a taxable year ending after December 31, 1976,22 percent of the taxable income, and "(B) in the case of a taxable year ending after December 31, 1974, and before January 1, 1977, the sum of— "(i) 20 percent of so much of the taxable income as does not exceed $25,000, plus

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Page:United States Statutes at Large Volume 89.djvu/1034

 8 9 STAT. 9 7 4

PUBLIC LAW 9 4 - 1 6 4 — D E C. 23, 1975 " ( i i) 22 percent of so much of the taxable income as exceeds $25,000. " (2) S IX - M O N T H APPLICATION OF GENERAL RULE.— "(A) CALENDAR YEAR TAXPAYERS.—Notwithstanding

the

provisions of paragraph (1), in the case of a taxpayer who has as his taxable year the calendar year 1976, the normal tax for such taxable year is equal to the sum of— " (i) 21 percent of so much of the taxable income as does not e xceed $25,000, plus " ( i i) 22 percent of so much of the taxable income as exceeds $25,000. "(B)

26 USC 11.

FISCAL YEAR TAXPAYERS.—Notwithstanding the p r o -

visions of paragraph (1), in the case of a taxpayer whose taxable year is not the calendar year, effective on July 1, 1976, paragraph (1) shall cease to apply and the normal tax shall be 22 percent.". (b) CORPORATE SURTAX.—Section 11(c) of such Code (relating to surtax) is amended to read as follows: "(c)

SURTAX.—

" (1) GENERAL RULE.—The surtax is 26 percent of the amount by which the taxable income exceeds the surtax exemption for the taxable year. "(2)

SPECIAL RULE FOR IOTG FOR CALENDAR YEAR TAXPAYERS.—

Notwithstanding the provisions of paragraph (1), in the case of a taxpayer who has as his taxable year the calendar year 1976, the surtax for such taxable year is— " (A) 13 percent of the amount by which the taxable income exceeds the $25,000 surtax exemption (as in effect under subsection (d)(2)) but does not exceed $50,000, plus " (B) 26 percent of the amount by which the taxable income exceeds $50,000.". (c) SURTAX EXEMPTION.—Section 11(d) of such Code (relating to surtax exemption) is amended to read as follows: "(d)

26 USC 1561, 1564.

SURTAX E X E M P T I O N. —

" (1) GENERAL RULE.—For purposes of this subtitle, the surtax exemption for any taxable year is $50,000, except that, with respect to a corporation to which section 1561 or 1564 (relating to surtax exemptions in case of certain controlled corporations) applies for the taxable year, the surtax exemption for the taxable year is the amount determined under such section. " (2) S IX - M O N T H APPLICATION OF GENERAL RULE.—Notwithstand-

ing the provisions of paragraph (1) — " (A) CALENDAR YEAR TAXPAYERS.—In the case of a tax p a y e r

who has as his taxable year the calendar year 1976, the provisions of paragraph (1) shall be applied for such taxable year by substituting the amount '$25,000' for the amount '$50,000' a p p e a r i n g therein. "(B)

FISCAL YEAR TAXPAYERS.—In the case of a tax p a y e r

whose taxable year is not the calendar year, effective on July 1, 1976, paragraph (1) shall be applied by substituting the amount '$25,000' for the amount '$50,000' a p p e a r i n g therein, and such substitution shall be treated, for purposes of section 21, as a change in a rate of tax.". (d)

T E C H N I C A L AND CONFORMING C H A N G E S. —

(1) Section 1561(a)(1) of such Code (relating to limitations on certain multiple tax benefits in the case of certain controlled corporations) as such section is in effect for taxable years ending after December 31, 1975, is amended by striking out "$25,000".

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Page:United States Statutes at Large Volume 89.djvu/1035

 PUBLIC LAW 94-164—DEC. 23, 1975

89 STAT. 975

Section 962(c) of such Code (relating to surtax exemption for individuals electing to be subject to tax a t corporate rates) as such section is in effect for taxable years ending after December 31, 1975, is amended by striking out "$25,000" and inserting in lieu thereof "the surtax exemption". (2) Section 21(f) of such Code (relating to increase in surtax exemptions) is amended— (A) by striking out "INCREASE" in the caption and inserting " C H A N G E " in lieu thereof, and (B) by inserting after " T a x Reduction Act of 1975" the following: "and the change made by section 3(c) of the Revenue Adjustment Act of 1975". (e) EFFECTIVE DATES.—The amendments made by subsections (b), (c), and (d) apply to taxable years beginning after December 31, 1975. The amendment made by subsection (c) ceases to apply for taxable years beginning after December 31, 1976. S E a 5. WITHHOLDING; ESTIMATED TAX PAYMENTS. (a)

26 USC 962.

26 USC 21.

26 USC 11 note,

WITHHOLDING.—

(1) IN GENERAL.—Section 3402(a) of the I n t e r n a l Revenue Code of 1954 (relating to income tax collected at source), as 26 USC 3402. amended by section 205 of the T a x Reduction Act of 1975, is Ante, p. 32. amended by inserting after the second sentence thereof the following: " The tables so prescribed with respect to wages paid after December 31, 1975, and before July 1, 1976, shall be the same as the tables prescribed under this subsection which were in effect on December 10, 1975.". (2) TECHNICAL AMENDMENT.—Section 209(c) of the T a x Reduc-

tion Act of 1975 is amended by striking out " January 1, 1976" ^«^«' P- 35. and inserting in lieu thereof " July 1, 1976". 26 USC 3402 (b)

ESTIMATED T A X P A Y M E N T S BY INDIVIDUALS.—Section 6153

of

"°*®'

such Code (relating to installment payments of estimated income 26 USC 6153. tax by individuals) is amended by adding at the end thereof the following new subsection: "(g)

S IX - M O N T H APPLICATION or

REVENUE ADJUSTMENT ACT OF

1975 CHANGES.—In the case of a taxpayer who has as his taxable year the calendar year 1976, the amount of any installment the payment of which is required to be made after December 31, 1975, and before July 1, 1976, may be computed without regard to section 4 2 (a)(2), 4 3 (a)(2), 43(b)(2), 141(b)(2), or 141(c)(2). ". 26 USC 42, 43, (c) ESTIMATED T A X P A Y M E N T S BY CORPORATIONS.—Section 6154 of

141.

such Code (relating to installment payments of estimated income 26 USC 6154. tax by corporations) is amended by a d d i n g at the end thereof the following new subsection: "(h)

S IX - M O N T H APPLICATION or

REVENUE ADJUSTMENT ACT OF

1975 C H A N G E S. — I n the case of a corporation which has as its taxable year the calendar year 1976, the amount of any installment the payment of which is required to be made after December 31, 1975, and before July 1, 1976, may be computed without regard to sections 11(b)(2), 11 (c)(2), and 11(d)(2). ". SEC. 6. ROLLING STOCK. (a)

EXCLUSION

FROM INCOME.—Section 883(a) of the

Internal

Revenue Code of 1954 is hereby amended by a d d i n g at the end thereof the following new paragraph: "(3)

26 USC 11.

RAILROAD ROLLING STOCK OF FOREIGN CORPORATIONS.—Earn-

ings derived from payments by a common carrier for the use on a temporary basis (not expected to exceed a total of 90 days in any taxable year) of railroad rolling stock owned by a corporation of

26 USC 883.

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Page:United States Statutes at Large Volume 89.djvu/1036

 89 STAT. 976

26 USC 883 note.

26 USC 103.

PUBLIC LAW 94-164—DEC. 23, 1975 a foreign country which grants an equivalent exemption to corporations organized in the United States." (b) ErrECTiVE DATE.—The amendment made by this section shall apply to payments made after November 18, 1974. SEC. 7. CERTAIN IRRIGATION FACILITIES. (a) IN GENERAL.—Section 103 of the Internal Revenue Code of 1954 (relating to interest on certain governmental obligations) is amended by redesignating subsection (e) as subsection (f) and by inserting after subsection (d) the following new subsection: " (e) CERTAIN IRRIGATION D A M S. — A d a m for the furnishing of water

26 USC 103note.

for irrigation purposes which has a subordinate use in connection with the generation of electric energy by water shall be treated as meeting the requirements of subsection (c)(4)(G) if— " (1) substantially all of the stored water is contractually available for release from such dam for irrigation purposes, and " (2) the water so released is available on reasonable demand to members of the general p u b l i c ". (b) EFFECTIVE D A T E. — The amendments made by this section shall apply to obligations issued after the date of the enactment of this Act. Approved December 23, 1975.

LEGISLATIVE HISTORY: HOUSE REPORT No. 94-531 (Comm. on Ways and Means). SENATE REPORT No. 94-570 (Comm. on Finance). CONGRESSIONAL RECORD, Vol. 121 (1975): Oct. 6, considered and passed House. Dec. 19, considered and passed Senate, amended; House concurred in Senate amendment with an amendment; Senate concurred in House amendment.

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Page:United States Statutes at Large Volume 89.djvu/1037

 PUBLIC LAW 94-165—DEC. 23, 1975

89 STAT. 977

Public Law 94-165 94th Congress An Act Making appropriations for the Department of the Interior and related agencies for the fiscal year ending June 30, 1976, and the period ending September 30, 1976, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the Department of the Interior and related agencies for the fiscal year ending June 80, 1976, and the period ending September SO, 1976, and for other purposes, namely:

TITLE I—DEPARTMENT OF THE INTERIOR LAND AND WATER RESOURCES BUREAU or

LAND MANAGEMENT

MANAGfEMENT OF LANDS AND RESOURCES

For expenses necessary for protection, use, improvement, development, disposal, cadastral surveying, classification, and performance of other functions, as authorized by law, in the management of lands and their resources under the jurisdiction of the Bureau of Land Management, $189,582,000. For "Management of lands and resources" for the period July 1, 1976, through September 30, 1976, $58,192,000. CONSTRUCTION AND MAINTENANCE

For acquisition, construction and maintenance of buildings, appurtenant facilities, and other improvements, and maintenance of access roads, $8,911,000, to remain available until expended. For "Construction and maintenance" for the period July 1, 1976, through September 30, 1976, to remain available until expended, $2,238,000. PUBLIC LANDS DEVELOPMENT ROADS AND TRAILS (LIQUIDATION OF CONTRACT AUTHORITY)

For liquidation of obligations incurred pursuant to authority contained in title 23, United States Code, section 203, $3,183,000, to remain available until expended. For "Public lands development roads and trails (liquidation of contract authority)" for the period July 1, 1976, through September 30, 1976, to remain available until expended, $1,121,000. OREGON AND CALIFORNIA GRANT LANDS

For expenses necessary for management, protection, and development of resources and for construction, operation, and maintenance of access roads, reforestation, and other improvements on the revested Oregon and California Railroad grant lands, on other Federal lands

Dec. 23, 1975 [H.R. 8773]

Department of the Interior and Related Agencies Appropriation Act, 1976.

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Page:United States Statutes at Large Volume 89.djvu/1038

 PUBLIC LAW 94-165—DEC. 23, 1975

89 STAT. 978

43 USC 1181f.

in the Oregon and California land-grant counties of Oregon, and on adjacent rights-of-way; and acquisition of rights-of-way and of existing connecting roads on or adjacent to such lands; an amount equivalent to 25 per centum of the aggregate of all receipts during the current fiscal year from the revested Oregon and California Railroad grant lands, to remain available until expended: Provided, That the amount appropriated herein for the purposes of this appropriation on lands administered by the Forest Service shall be transferred to the Forest Service, Department of Agriculture: Provided further, That the amount appropriated herein for road construction on lands other than those administered by the Forest Service shall be transferred to the Federal Highway Administration, Department of Transportation: Provided further, That the amount appropriated herein is hereby made a reimbursable charge against the Oregon and California land grant fund and shall be reimbursed to the general fund in the Treasury in accordance with the provisions of the second paragraph of subsection (b) of title II of the Act of August 28, 1937 (50 Stat. 876). For "Oregon and California grant lands", an amount equivalent to 25 per centum of the aggregate of all receipts during the period July 1, 1976, through September 30, 1976, to remain available until expended. RANGE IMPROVEMENTS

43 USC 315b, 315i. 43 USC 315m.

For construction, purchase, and maintenance of range improvements pursuant to the provisions of sections 3 and 10 of the Act of June 28, 1934, as amended (43 U.S.C. 315), sums equal to the aggregate of all moneys received, during the current fiscal year, as range improvements fees under section 3 of said Act, 25 per centum of all moneys received, during the current fiscal year, under section 15 of said Act, and the amount designated for range improvements from grazing fees from Bankhead-Jones lands transferred to the Department of the Interior pursuant to law, to remain available until expended. For "Range improvements" sums equal to the aggregate of all moneys received during the period July 1, 1976, through September 30, 1976, to remain available until expended. RECREATION

16 USC 460Z-5 note. 16 USC 460/-6a.

DEVELOPMENT AND OPERATION OF RECREATION

FACILITIES

For construction, operation, and maintenance of outdoor recreation facilities, including collection of special recreation use fees, to remain available until expended, $300,000, to be derived from the special receipt accounts established by section 1(b) of the Act of July 15, 1968 (82 Stat. 354), and section 4(e) of the Act of July 11, 1972 (86 Stat. 461): Provided, That not more than 40 per centum of the amount credited pursuant to section 4(e) of the Act of July 11, 1972, shall be available for the enhancement of the fee collection system established by section 4 of such Act, including the promotion and enforcement thereof. For "Recreation development and operation of recreation facilities" for the period July 1, 1976, through September 30, 1976, $100,000, to remain available until expended. ADMINISTRATIVE PROVISIONS

Appropriations for the Bureau of Land Management shall be available for purchase, erection, and dismantlement of temporary structures; and alteration and maintenance of necessary buildings and appurtenant facilities to which the United States has title: Provided,

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text: United States Statutes at Large/Volume 40/65th Congress


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Page:United States Statutes at Large Volume 89.djvu/1039

 PUBLIC LAW 94-165—DEC. 23, 1975

89 STAT. 979

That of appropriations herein made for the Bureau of L and Management expenditures in connection with the revested Oregon and California Railroad and reconveyed Coos Bay W a g o n Road g r a n t lands (other than expenditures made under the appropriation "Oregon and California g r a n t lands") shall be reimbursed to the general fund of the Treasury from the 25 per centum referred to in subsection (c), title II, of the Act approved August 28, 1937 (50 Stat. 876), of the special fund designated the "Oregon and California land g r a n t fund" and section 4 of the Act approved May 24, 1939 (53 Stat. 754), of the special fund designated the "Coos Bay Wagon Road g r a n t f u n d ": Provided further, That appropriations herein made may be expended on a reimbursable basis for (1) surveys of lands other than those under the jurisdiction of the Bureau of Land Management and (2) protection of lands for the State of A l a s k a: Provided further, That notwithstanding any other provisions of law, payments to States made in the period July 1, 1976, through September 30, 1976, under the Mineral Leasing Act of 1920 (30 U.S.C. 191, 30 U.S.C. 285), will be based on receipts collected during the period January 1, 1976, through June 30, 1976: Provided further, That notwithstanding any other provisions of law, Bureau of L and Management payments to States and counties made in the period July 1, 1976, through September 30, 1976, under statutes other than the Mineral Leasing Act of 1920, will be based on receipts collected during the period July 1, 1975, through June 30, 1976. OFFICE OF W A T E R RESEARCH AND TECHNOLOGY SALARIES AND EXPENSES

For expenses necessary in carrying out the provisions of the W a t e r Resources Research Act of 1964, as amended (42 U.S.C. 1961-1961c-7), $18,180,000, of which $4,100,000 shall remain available until expended: Provided, That the unexpended balances of the appropriations for "Salaries and expenses," Office of W a t e r Resources Research, and "Saline water conversion" shall be merged with this appropriation. For "Salaries and expenses" for the period July 1, 1976, through September 30, 1976, $4,411,000. F I S H AND WILDLIFE AND PARKS B U R E A U OF OUTDOOR

RECREATION

SALARIES AND EXPENSES

For necessary expenses of the Bureau of Outdoor Recreation, not otherwise provided for, $5,737,000. For "Salaries and expenses" for the period July 1, 1976, through September 30, 1976, $1,444,000. LAND AND WATER CONSERVATION F U N D

For expenses necessary to carry out the provisions of the L and and W a t e r Conservation F u n d Act of 1965 as amended (16 U.S.C. 4601-4^11 as supplemented by Public Law 93-303), including 16 USC 460/-6a. $6,193,000 for administrative expenses of the Bureau of Outdoor Recreation during the current fiscal year, and acquisition of land or waters, or interest therein, in accordance with the statutory authority applicable to the State or Federal agency concerned, to be derived from the L and and W a t e r Conservation F u n d, established by section 2 of said Act as amended, to remain available until expended, not to 16 USC 460Z-5.

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Page:United States Statutes at Large Volume 89.djvu/1040

 89 STAT. 980

16 USC 460/-8.

16 USC 460Z-5.

PUBLIC LAW 94-165—DEC. 23, 1975 exceed $308,086,000, of which (1) not to exceed $175,840,000 shall be available for payments to the States in accordance with section 6(c) of said Act; (2) not to exceed $77,648,000 shall be available to the National Park Service; (3) not to exceed $36,980,000 shall be available to the Forest Service; (4) not to exceed $9,425,000 shall be available to the United States Fish and Wildlife Service; and (5) not to exceed $2,000,000 shall be available to the Bureau of Land Management. For "Land and Water Conservation Fund" for the period July 1, 1976, through September 30, 1976, not to exceed $75,988,000, to be derived from said Fund, to remain available until expended, in not to exceed the following amounts: $1,548,000 for administrative expenses of the Bureau of Outdoor Recreation during said period; $43,960,000 for payments to the States; $19,280,000 to the National Park Service; $7,600,000 to the Forest Service; $3,200,000 to the United States Fish and Wildlife Service; and $400,000 to the Bureau of Land Management: Provided. That the total amount of income to be credited to said Fund for said period under section 2 of the Land and Water Conservation Fund Act of 1965 as amended shall be $75,988,000. UNITED STATES F I S H AND WILDLIFE RESOURCE

SERVICE

MANAGEMENT

For expenses necessary for scientific and economic studies, conservation, management, investigations, protection, and utilization of sport fishery and wildlife resources, except whales, seals, and sea lions, and for the performance of other authorized functions related to such resources; and maintenance of the herd of long-horned cattle on the Wichita Mountains Wildlife Refuge, $117,746,000, of which not to exceed $2,000,000 shall remain available until expended. For "Resource management" for the period July 1, 1976, through September 30, 1976, $28,639,000. CONSTRUCTION

AND ANADROMOUS

FISH

For construction and acquisition of buildings and other facilities required in the conservation, management, investigations, protection, and utilization of sport fishery and wildlife resources, and the acquisition of lands and interests therein; and for expenses necessary to carry out the Anadromous Fish Conservation Act (16 U.S.C. 757a-757f); $17,706,000, to remain available until expended. For "Construction and anadromous fish" for the period July 1, 1976, through September 30, 1976, $1,060,000, to remain available until expended. MIGRATORY BIRD CONSERVATION ACCOUNT

For an advance to the migratory bird conservation account, as authorized by the Act of October 4, 1971, as amended (16 U.S.C. 715k-3,5; 81 Stat. 612), $7,500,000, to remain available until expended. ADMINISTRATIVE

PROVISIONS

Appropriations and funds available to the United States Fish and Wildlife Service shall be available for purchase of not to exceed one hundred and four passenger motor vehicles, of which ninety-four are for replacement only (including sixty for police-type use); not to exceed $50,000 for payment, in the discretion of the Secretary, for information or evidence concerning violations of laws administered by

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Page:United States Statutes at Large Volume 89.djvu/1041

 PUBLIC LAW 94-165—DEC. 23, 1975 the United States Fish and Wildlife Service; miscellaneous and emergency expenses of enforcement activities, authorized or approved by the Secretary and to be accounted for solely on his certificate, not to exceed $40,000; publication and distribution of bulletins as authorized by law (7 U.S.C. 417); insurance on official motor vehicles, aircraft and boats operated by the United States Fish and Wildlife Service in Mexico and Canada; repair of damage to public roads within and adjacent to reservation areas caused by operations of the United States Fish and Wildlife Service; options for the purchase of land at not to exceed $1 for each option; facilities incident to such public recreational uses on conservation areas as are not inconsistent with their primary purpose, and the maintenance and improvement of acquaria, buildings and other facilities under the jurisdiction of the United States Fish and Wildlife Service and to which the United States has title, and which are utilized pursuant to law in connection with management and investigation of fish and wildlife resources. NATIONAL PARK SERVICE OPERATION OF THE NATIONAL PARK SYSTEM

For expenses necessary for the management, operation, and maintenance of areas and facilities administered by the National Park Service (including special road maintenance service to trucking permittees on a reimbursable basis), $243,588,000. For "Operation of the national park system" for the period July 1, 1976, through September 30, 1976, $75,772,000. P L A N N I N G AND CONSTRUCTION

For construction, improvements, repair or replacement of physical facilities, without regard to the Act of August 24, 1912, as amended (16 U.S.C. 451); the acquisition of water rights; expenses necessary for investigations and studies to determine suitability of areas to be included in the National Park System, the designation of wilderness areas, and the management of water resources; the preparation of plans for existing and proposed park and recreation areas; provisions of technical assistance to other Federal agencies, and to States and private institutions in the planning, development, and operation of landmarks, parks, and recreation areas; and for financial or other assistance in planning, development, or operation of areas as authorized by law or pursuant to agreements with other Federal agencies, States, or private institutions, including not to exceed $396,000 for the Roosevelt Campobello International Park Commission, $27,215,000, to remain available until expended. For "Planning and construction" for the period July 1, 1976, through September 30, 1976, $7,100,000, to remain available until expended. ROAD CONSTRUCTION

(LIQUIDATION OF CONTRACT AUTHORITY)

For liquidation of obligations incurred pursuant to authority contained in title 23, United States Code, section 203, $40,115,000, to remain available until expended. For "Road construction (liquidation of contract authority)" for the period July 1, 1976, through September 30, 1976, $9,900,000, to remain available until expended.

57-194 O - 77 - 66

89 STAT. 981

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Page:United States Statutes at Large Volume 89.djvu/1042

 89 STAT. 982

PUBLIC LAW 94-165—DEC. 23, 1975 PRESERVATION OF HISTORIC PROPERTIES

For expenses necessary in carrying out a program for the preservation of additional historic properties throughout the Nation, as authorized by law (16 U.S.C. 461-467, 470), and investigations, studies, and salvage of archeological values, $^24,666,000, to remain available until expended. For "Preservation of historic properties" for the period July 1, 1976, through September 30, 1976, $6,040,000, to remain available until expended. JOHN F. KENNEDY CENTER FOR THE PERFORMING ARTS

For expenses necessary for operating and maintaining the nonperforming arts functions of the John F. Kennedy Center for the Performing Arts, $2,575,000. For "John F. Kennedy Center for the Performing Arts" for the period July 1, 1976, through September 30, 1976, $741,000. P L A N N I N G, DEVELOPMENT AND OPERATION OF RECREATION FACILITIES

16 USC 460Z-5 note16 USC 460/-6a.

For construction, operation, and maintenance of outdoor recreation facilities, without regard to the Act of August 24, 1912, as amended (16 U.S.C. 451); including collection of special recreation use fees, to remain available until expended, $14,000,000, to be derived from the special receipt accounts established by section 1(b) of the Act of July 15, 1968, (82 Stat. 354), and section 4(e) of the Act of July 11, 1972 (86 Stat. 461): Provided, That not more than 40 per centum of ^.j^^ amount credited pursuant to section 4(e) of the Act of July 11, 1972, shall be available for the enhancement of the fee collection system established by section 4 of such Act, including the promotion and enforcement thereof. For "Planning, development and operation of recreation facilities" for the period July 1, 1976, through September 30, 1976, $5,000,000, to remain available until expended. ADMINISTRATIVE PROVISIONS

Appropriations for the National Park Service shall be available for the purchase of not to exceed three hundred eighty-three passenger motor vehicles, of which two hundred sixty-three shall be for replacement only, including not to exceed two hundred twenty-four for police-type use; purchase of one aircraft (for replacement only); and to provide, notwithstanding any other provision of law, at a cost not exceeding $100,000, transportation for children in nearby communities to and from any unit of the National Park System used in connection with organized recreation and interpretive programs of the National Park Service: Provided, That any funds available to the National Park Service may be used, with the approval of the Secretary, to maintain law and order in emergency and other unforeseen law enforcement situations in the National Park System; and to provide insurance on official motor vehicles and aircraft operated by the National Park Service in Mexico and Canada.

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Page:United States Statutes at Large Volume 89.djvu/1043

 PUBLIC LAW 94-165—DEC. 23, 1975

89 STAT. 983

ENERGY AND MINERALS GEOLOGICAL SURVEY SURVEYS, INVESTIGATIONS, AND RESEARCH

For expenses necessary for the Geological Survey to perform surveys, investigations, and research covering topography, geology, and the mineral and water resources of the United States, its Territories and possessions, and other areas as authorized by law (72 Stat. 837 and 76 Stat. 427); classify lands as to mineral character and water 43 USC 31. and power resources; give engineering supervision to power permits and Federal Power Commission licenses; enforce departmental regulations applicable to oil, gas, and other mining leases, permits, licenses, and operating contracts; control the interstate shipment of contraband oil as required by law (15 U.S.C. 715); administer the minerals exploration program (30 U.S.C. 641); and publish and disseminate data relative to the foregoing activities; $267,247,000, of which $26,954,006 shall be available only for cooperation with States or municipalities for water resources investigations: Provided, That no part of this appro- 43 USC 50. priation shall be used to pay more than one-half the cost of any topographic mapping or water resources investigations carried on in cooperation with any State or municipality. For "Surveys, investigations, and research" for the period July 1, 1976, through September 30, 1976: $67,400,000, of which $6,740,000 shall be available only for cooperation with States or municipalities for water resources investigations: Provided, That no part of this 43 USC 50. appropriation shall be used to pay more than one-half of the cost of any topographic mapping or water resources investigations carried on with any State or municipality. ADMINISTRATIVE PROVISIONS

The amount appropriated for the Geological Survey shall be available for purchase of not to exceed thirty-one passenger motor vehicles, for replacement only; reimbursement to the General Services Administration for security guard services, contracting for the furnishing of topographic maps and for the making of geophysical or other specialized surveys when it is administratively determined that such procedures are in the public interest; construction and maintenance of necessary buildings and appurtenant facilities; acquisition of lands for observation wells; expenses of the U.S. National Committee on Geology; and payment of compensation and expenses of persons on the rolls of the Geological Survey appointed, as authorized by law, to represent the United States in the negotiation and administration of interstate compacts. MINING ENFORCEMENT AND SAFETY ADMINISTRATION SALARIES AND EXPENSES

For expenses necessary to promote health and safety in mines and in the minerals industry through development, promulgation and enforcement of regulations, including mine inspections, technical support, and education and training as authorized by law, $79,473,000, of which not to exceed $1,500,000 shall remain available until expended for the construction of facilities: Provided, That no part of the funds

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Page:United States Statutes at Large Volume 89.djvu/1044

 89 STAT. 984

PUBLIC LAW 94-165—DEC. 23, 1975 appropriated by this Act shall be used to pay any public relations firm for any promotional campaigns among coal miners. For "Salaries and expenses" for the period July 1, 1976, through September 30, 1976, $20,205,000. ADMINISTRATIVE PROVISIONS

Appropriations and funds available to the Mining Enforcement and Safety Administration may be expended for purchase and bestowal oi certificates and trophies in connection with mine rescue and first-aid work: Provided, That the Secretary is authorized to accept lands, buildings, equipment, and other contributions from public and private sources and to prosecute projects in cooperation with other agencies, Federal, State, or private: Provided further, That the Mining Enforcement and Safety Administration is authorized to promote health and safety education and training in the mining community through cooperative programs with States, industry, and safety associations: Provided further, That any funds available to the Department may be used, with the approval of the Secretary, to provide for the costs of mine rescue and survival operations in the event of major mine disasters. BUREAU OF MINES MINES AND MINERALS

For expenses necessary for conducting inquiries, technological investigations and research concerning the extraction, processing, use and disposal of mineral substances without objectionable social and environmental costs; to foster and encourage private enterprise in the development of mineral resources and the prevention of waste in the mining, minerals, metal and mineral reclamation industries; to inquire into the economic conditions affecting those industries; to promote health and safety in mines and the mineral industry through research; and for other related purposes as authorized by law; $157,387,000, of which $96,610,000 shall remain available until expended: Provided, That no part of the sum herein appropriated shall be used for the field testing of nuclear explosives in the recovery of oil and gas. For "Mines and minerals" for the period Julv 1, 1976, through September 30, 1976, $39,005,000, of which $22,600,000 shall remain available until expended. ADMINISTRATIVE PROVISIONS

The Secretary is authorized to accept lands, buildings, equipment, and other contributions from public and private sources and to prosecute projects in cooperation with other agencies, Federal, State, or private: Provided, That the Bureau of Mines is authorized during the current fiscal year, to sell directly or through any Government agency, including corporations, any metal or mineral product that may be manufactured in pilot plants operated by the Bureau of Mines, and the proceeds of such sales shall be covered into the Treasury as miscellaneous receipts.

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Page:United States Statutes at Large Volume 89.djvu/1045

 PUBLIC LAW 94-165—DEC. 23, 1975

89 STAT. 985

INDIAN A F F A I R S BUREAU OF INDIAN AFFAIRS OPERATION OF INDIAN PROGRAMS

For expenses necessary to provide education and welfare services for Indians, either directly or in cooperation with States and other organizations, including payment (in advance or from date of admission), of care, tuition, assistance, and other expenses of Indians in boarding homes, institutions, or schools; grants and other assistance to needy Indians; maintenance of law and order, and payment of rewards for information or evidence concerning violations of law on Indian reservations lands, or treaty fishing rights tribal use areas; management, development, improvement, and protection of resources and appurtenant facilities under the jurisdiction of the Bureau of Indian Affairs, including payment of irrigation assessments and charges; acquisition of water rights; advances for Indian industrial and business enterprises; operation of Indian arts and crafts shops and museums; development of Indian arts and crafts, as authorized by law; and for the general administration of the Bureau of Indian Affairs, including such expenses in field offices, $542,918,000, of which not to exceed $30,952,000 for assistance to public schools shall remain available for obligation until September 30, 1977: Provided, That the amount made available to each State from sums appropriated for fiscal year 1976 for assistance to public schools shall not be less than the amount made available for comparable purposes for fiscal year 1975. For "Operation of Indian programs" for the period July 1, 1976, through September 30, 1976, $174,167,000, of which not to exceed $7,300,000 for assistance to public schools shall remain available for obligation until September 30, 1977. CONSTRUCTION

For construction, major repair and improvement of irrigation and power systems, buildings, utilities, and other facilities; acquisition of lands and interests in lands; preparation of lands for farming; and architectural and engineering services by contract, $73,922,000, to remain available until expended: Provided, That such amounts as may be available for the construction of the Navajo Indian Irrigation Project may be transferred to the Bureau of Reclamation: Provided further, That not to exceed $200,000 shall be available to assist the Pyramid Lake Paiute Tribe of Indians in the construction of facilities for the restoration of the Pyramid Lake fishery pursuant to the Washoe Act (43 U.S.C. 614): Provided further, That not to exceed $2,229,000 shall be available for assistance to the Ramah Navajo School Board, Incorporated, New Mexico, for the construction of school facilities. For "Construction" for the period July 1, 1976, through September 30, 1976, $13,550,000, to remain available until expended. ROAD CONSTRUCTION

(LIQUIDATION OF CONTRACT AUTHORITY)

For liquidation of obligations incurred pursuant to authority contained in title 23, United States Code, section 203, as amended by Federal-Aid Highway Amendments of 1974, $66,705,000, to remain available until expended.

23 USC 101 note,

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Page:United States Statutes at Large Volume 89.djvu/1046

 89 STAT. 986

PUBLIC LAW 94-165—DEC. 23, 1975 For "Road construction (liquidation of contract authority)" for the period July 1, 1976, through September 30, 1976, $28,000,000, to remain available until expended. I N D I A N LOAN GUARANTY AND INSURANCE F U N D

25 USC 1512. 25 USC 1497, 1511. 25 USC 1542.

For payment to the loan guaranty and insurance fund as authorized by the Indian Financing Act of 1974, Public Law 93-262, title III, section 302, to carry out the provisions of sections 217 and 301 of the above Act to (a) provide capital for a loan guaranty and insurance fund, (b) pay interest subsidy on guaranteed loans, and (c) pay administrative expenses, $10,000,000, to remain available until expended: Provided, That for the purpose of entering into contracts pursuant to title V, section 502 of the above Act, the Secretary is authorized to use not to exceed 5 per centum of any funds appropriated for any fiscal year pursuant to title III, section 302 of the above Act. REVOLVING F U N D FOR LOANS

25 USC 1461.

For payment to the revolving fund for loans, for loans as authorized by the Indian Financing Act of 1974, Public Law 93-262, title I, section 101, $3,000,000, to remain available until expended. MISCELLANEOUS APPROPRIATIONS ALASKA NATIVE FUND

43 USC 1601 note-

For transfer to the Alaska Native Fund to provide for settlement of certain land claims by Natives and Native groups of Alaska, and for other purposes, based on aboriginal land claims, as authorized by the Act of December 18, 1971 (Public Law 92-203), $70,000,000. For "Alaska Native Fund" for the period July 1, 1976, through September 30, 1976, $40,000,000. TRUST F U N D

18 USC 4124 •lote.

In addition to the tribal funds authorized to be expended by existing law, there is hereby appropriated not to exceed $3,000,000 from tribal funds not otherwise available for expenditure for the benefit of Indians and Indian tribes, including pay and travel expenses of employees; care, tuition, and other assistance to Indian children attending public and private schools (which may be paid in advance or from date of admission); purchase of land and improvements on land, title to which shall be taken in the name of the United States in trust for the tribe for which purchased; lease of lands and water rights; compensation and expenses of attorneys and other persons employed by Indian tribes under approved contracts; pay, travel, and other expenses of tribal officers, councils, and committees thereof, or other tribal organizations, including mileage for use of privately owned automobiles and per diem in lieu of subsistence at rates established administratively but not to exceed those applicable to civilian employees of the Government; relief of Indians, without regard to section 7 of the Act of May 27, 1930 (46 Stat. 391) including cash grants: Provided, That in addition to the amount appropriated herein, tribal funds may be advanced to Indian tribes during the current fiscal year for such purposes as may be designated by the governing body of the particular tribe involved and approved by the Secretary.

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Page:United States Statutes at Large Volume 89.djvu/1047

 PUBLIC LAW 94-165~DEC. 23, 1975

89 STA1\ 987

For "Trust fund" authorized by existing law to be expended for the period July 1, 1976, through September 30, 1976, not to exceed $750,000: Provided, That in addition to the amount appropriated herein, tribal funds may be advanced to Indian tribes during this period for such purposes as may be designated by the governing body of the particular tribe involved and approved by the Secretary. ADMINISTRATIVE PROVISIONS

Appropriations for the Bureau of Indian Affairs (except the revolving fund for loans) shall be available for expenses of exhibits; purchase of not to exceed one hundred thirty-eight passenger carrying motor vehicles of which one hundred seven shall be for replacement only, which may be used for the transportation of Indians; advance payments for service (including services which may extend beyond the current fiscal year) under contracts executed pursuant to the Act of June 4, 1936 (25 U.S.C. 452), the Act of August 3, 1956 (25 U.S.C. 309), and legislation terminating Federal supervision over certain Indian tribes; and expenses required by continuing or permanent treaty provisions. TERRITORIAL A F F A I R S OFFICE OF TERRITORIAL AFFAIRS ADMINISTRATION OF TERRITORIES

For expenses necessary for the administration of Territories under the jurisdiction of the Department of the Interior, including expenses of the Office of the Governor of American Samoa, as authorized by law (48 U.S.C. 1661(c)); compensation and mileage of members of the legislature in American Samoa as authorized by law (48 U.S.C. 1661(c)); compensation and expenses of the judiciary in American Samoa, as authorized by law (48 U.S.C. 1661 (c)); grants to American Samoa, in addition to current local revenues, for support of governmental functions; grants to Guam, as authorized by law (48 U.S.C. 1428-1428e); and personal services, household equipment and furnishings, and utilities necessary in the operation of the house of the Governor of American Samoa; $22,000,000, together with $975,000 for expenses of the office of the Government Comptroller for the Virgin Islands to be derived from "Internal Revenue Collections for Virgin Islands", as authorized by law (48 U.S.C. 1599(a)) and $600,000 for expenses of the office of the Government Comptroller for Guam to be derived from duties and taxes which would otherwise be covered into the Treasury of Guam, as authorized by law (48 U.S.C. 1422d(a)), to remain available until expended: Provided, That the Territorial and local government herein provided for are authorized to make purchases through the General Services Administration: Provided further. That appropriations available for the administration of Territories may be expended for the purchase, charter, maintenance, and operation of surface vessels for official purposes and for commercial transportation purposes found by the Secretary to be necessary. For "Administration of territories" for the period July 1, 1976, through September 30, 1976, $3,800,000, to remain available until expended, together with $253,000 for expenses of the office of the Government Comptroller for the Virgin Islands and $185,000 for expenses of the office of the Government Comptroller for Guam: Pro-

48 USC 1401f, 1423/, 1665. 48 USC 1401f, 1423/, 1665. 48 USC 1470a.

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Page:United States Statutes at Large Volume 89.djvu/1048

 89 STAT. 988

PUBLIC LAW 94-165—DEC. 23, 1975

48 USC 1470a.

vided, That the said period shall be treated as a fiscal year for purposes of calculating taxes to be transferred to the Government of the Virgin Islands as authorized by law (26 U.S.C. 7652(b)) and the amount so calculated and certified shall be transferred to the Government of the Virgin Islands in fiscal year 1977: Provided further, That any unobligated or unexpended balance of the Federal contribution to the Government of the Virgin Islands made pursuant to law (26 U.S.C. 7652(b)) remaining at the end of the period July 1, 1976, through September 30, 1976, shall remain available for expenditure in fiscal year 1977. TRUST TERRITORY OF THE PACIFIC ISLANDS

For expenses necessary for the Department of the Interior in administration of the Trust Territory of the Pacific Islands pursuant to the Trusteeship Agreement approved by joint resolution of July 18, 22 use287 note. 1947, (61 Stat. 397), and the Act of June 30, 1954 (68 Stat. 330), as 48 USC 1681 amended (84 Stat. 1559), including the expenses of the High Commisnote. sioner of the Trust Territory of the Pacific Islands; compensation and expenses of the Judiciary of the Trust Territory of the Pacific Islands; grants to the Trust Territory of the Pacific Islands in addition to local revenues, for support of governmental functions, and payment to the Trust Territory Economic Development Loan Fund pursuant to Pub48 USC 1688. lie Law 92-257; $77,196,000, to remain available until expended: Pro48 USC 1683. vided, That all financial transactions of the Trust Territory, including such transactions of all agencies or instrumentalities established or utilized by such Trust Territory, shall be audited by the General Accounting Office in accordance with the provisions of the Budget and 31 USC 1. Accounting Act, 1921 (42 Stat. 23), as amended, and the Accounting ifi iisr?6fi2°*** ^"^ Auditing Act of 1950 (64 Stat. 834): Provided further, That the 48 Tisr 1687 government of the Trust Territory of the Pacific Islands is authorized to make purchases through the General Services Administration: Provided further, That appropriations available for the administration of the Trust Territory of the Pacific Islands may be expended for the purchase, charter, maintenance, and operation of surface vessels for official purposes and for commercial transportation purposes found by the Secretary to be necessary in carrying out the provisions of article 6(2) of the Trusteeship Agreement approved by Congress. For "Trust Territory of the Pacific Islands" for the period July 1, 1976, through September 30, 1976, $15,100,000, to remain available until expended. MICRONE8IAN CLAIMS F U N D, TRUST TERRITORY OF THE PACIFIC ISLANDS

50 USC app. 2020.

For payment to the Micronesian Claims Fund for settlement of claims of Micronesian inhabitants of the Trust Territory of the Pacific Islands as may be determined by the Micronesian Claims Commission pursuant to the provisions of Title II of Public Law 92-39, $10,000,000, to remain available until expended. For "Micronesian Claims Fund" for the period July 1, 1976, through September 30, 1976, $8,600,000, to remain available until expended. EX GRATIA P A Y M E N T, B I K I N I ATOLL

Ante, p. 212.

As authorized by Public Law 94r-34, $3,000,000 for an ex gratia payment to the people of Bikini Atoll in the Marshall Islands of the Trust Territory of the Pacific Islands.

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Page:United States Statutes at Large Volume 89.djvu/1049

 PUBLIC LAW 94-165—DEC. 23, 1975 SECRETARIAL

89 STAT. 989

OFFICES

OFFICE OF THE SOLICITOR SALARIES AND EXPENSES

For necessary expenses of the Office of the Socilitor, $11,263,000. For "Salaries and expenses" for the period July 1, 1976, through September 30, 1976, $2,665,000. OFFICE OF THE

SECRETARY

SALARIES AND EXPENSES

For necessary expenses of the Office of the Secretary of the Interior, including not to exceed $2,000 for official reception and representation expenses, $18,734,000. For "Salaries and expenses" for the period July 1, 1976, through September 30, 1976, $4,203,000. DEPARTMENTAL OPERATIONS

For necessary expenses for certain operations that provide departmentwide services, $12,153,000. For "Departmental operations" for the period July 1, 1976, through September 30, 1976, $2,480,000. SALARIES AND EXPENSES (SPECIAL FOREIGN CURRENCY PROGRAM)

For payment in foreign currencies which the Treasury Department shall determine to be excess to the normal requirements of the United States, for necessary expenses of the Office of the Secretary, as authorized by law, $1,494,000, to remain available until expended: Provided, That this appropriation shall be available, in addition to other appropriations, to such office for payments in the foregoing currencies (7 U.S.C.1704). For "Salaries and Expenses (Special Foreign Currency Program) " for the period July 1, 1976, through September 30, 1976, $75,000, to remain available until expended. GENERAL PROVISIONS, DEPARTMENT OF THE INTERIOR

SEC. 101. Appropriations made in this title shall be available for expenditure or transfer (within each bureau or office), with the approval of the Secretary, for the emergency reconstruction, replacement, or repair of aircraft, buildings, utilities, or other facilities or equipment damaged or destroyed by fire, flood, storm, or other unavoidable causes: Provided, That no funds shall be made available under this authority until funds specifically made available to the Department of the Interior for emergencies shall have been exhausted. SEC. 102. The Secretary may authorize the expenditure or transfer of any appropriation in this title, in addition to the amounts included in the budget programs of the several agencies, for the suppression or emergency prevention of forest or range fires on or threatening lands under jurisdiction of the Department of the Interior and for the emergency rehabilitation of burned-over lands under its jurisdiction: Provided, That appropriations made in this title for fire suppression purposes shall be available for the payment of obligations incurred during the preceding fiscal year, and for reimbursement to other Federal agencies for destruction of vehicles, aircraft, or other equipment

Facilities, emergency reconstruction.

Forest or range fires.

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Page:United States Statutes at Large Volume 89.djvu/1050

 8 9 STAT. 990

Service facilities.

Uniforms.

Surplus aircraft.

PUBLIC LAW 94-165—DEC. 23, 1975 in connection with their use for fire suppression purposes, such reimbursement to be credited to appropriations currently available at the time of receipt thereof. SEC. 103. Appropriations made in this title shall be available for operation of warehouses, garages, shops, and similar facilities, whereever consolidation of activities will contribute to efficiency or economy, and said appropriations shall be reimbursed for services rendered to any other activity in the same manner as authorized by the Act of June 30, 1932 (31 U.S.C. 686): Provided, That reimbursements for costs of supplies, materials and equipment, and for services rendered may be credited to the appropriation current at the time such reimbursements are received. SEC. 104. Appropriations made to the Department of the Interior in this title or in the Public W o r k s for W a t e r and Power Development and Energy Kesearch Appropriation Act, 1976, shall be available for services as authorized by 5 U.S.C. 3109, when authorized by the Secretary, in total amount not to exceed $300,000; hire, maintenance, and operation of aircraft; hire of passenger motor vehicles; purchase of r e p r i n t s; payment for telephone service in private residences in the field, when authorized under regulations approved by the Secretary; and the payment of dues, when authorized by the Secretary, for library membership in societies or associations which issue publications to members only or at a price to members lower than to subscribers who are not members. SEC. 105. Appropriations available to the Department of the Interior for salaries and expenses shall be available for uniforms or allowances therefor, as authorized by law (5 U.S.C. 5901-5902 and D.C. Code 4r-204). SEC. 106. I n addition to the aircraft specifically authorized under this Act there is hereby authorized for acquisition five aircraft for replacement only, two of which shall be from surplus. Such acquisitions shall be integral to the provision of centralized aircraft services in Alaska. SEC. 107. Appropriations made in this title shall be available for obligation in connection with contracts issued by the General Services Administration for services or rentals for periods not in excess of twelve months beginning at any time during the fiscal year. SEC. 108. Notwithstanding any other provision of law, persons have heretofore and may hereafter be employed or otherwise contracted with by the Secretary of the Interior to perform work occasioned by emergencies such as fire, flood, storm, or any other unavoidable cause and may be compensated a t regular rates of pay without regard to Sundays, Federal holidays, and the regular workweek. TITLE II—KELATED AGENCIES DEPARTMENT OF

AGRICULTURE

FOREST SERVICE FOREST PROTECTION AND UTILIZATION

For expenses necessary for forest protection and utilization, as follows: Forest land management: For necessary expenses of the Forest Service, not otherwise provided for, including the administration, improvement, development, and management of lands, waters, or

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Page:United States Statutes at Large Volume 89.djvu/1051

 PUBLIC LAW 94-165—DEC. 23, 1975

89 STAT. 991

interests therein, under Forest Service administration, fighting and preventing forest fires on or threatening such lands and emergency rehabilitation and for liquidation of obligations incurred in the preceding fiscal year for such purposes, control of white pine blister rust and other forest diseases and insects on Federal and non-Federal lands, implementation of forest advanced logging and conservation systems including necessary research and development related thereto, $365,821,000 of which $4,275,000 for fighting and preventing forest fires and for the emergency rehabilitation of burned-over lands under its jurisdiction and $10,000,000 for insect and disease control shall be apportioned for use, pursuant to section 3679 of the Revised Statutes, 31 USC 665. as amended, to the extent necessary under the then existing conditions: Provided, That funds appropriated for "Cooperative range improvements", pursuant to section 12 of the Act of April 24, 1950 (16 U.S.C. 680h), may be advanced to this appropriation: Provided further, That funds appropriated for the cooperative law enforcement program and insect and disease control shall remain available until expended. Forest research: For forest research at forest and range experiment stations, the Forest Products Laboratory, or elsewhere, as authorized by law, $80,355,000. State and private forestry cooperation: For cooperation with States in forest-fire prevention and suppression, in forest tree planting on non-Federal public and private lands, and in forest management and processing, and for advising timberland owners, associations, woodusing industries, and others in the application of forest management principles and processing of forest products, as authorized by law, $32,994,000. For "Forest protection and utilization" for the period July 1, 1976, through September 30, 1976, as follows: "Forest land management", $117,000,000, of which $1,060,000 for cooperative law enforcement shall remain available until expended; "Forest research", $21,737,000; and "State and private forestry cooperation", $9,802,000. CONSTRUCTION AND LAND

ACQUISITION

For construction and acquisition of buildings and other facilities required in the conservation, management, investigation, protection and utilization of national forest resources, point discharge monitoring and evaluation, and non-point discharge surveillance monitoring and evaluation, and the acquisition of lands and interests therein necessary to these objectives, $18,134,000, to remain available until expended: Provided, That not more than $1,525,000 of this appropriation may be used for acquisition of land under the Act of March 1, 1911, as amended (16 U.S.C. 513-519). For "Construction and land acquisition" for the period July 1, 1976, through September 30, 1976, $11,074,000, to remain available until expended. YOUTH CONSERVATION CORPS

For expenses necessary to carry out the provisions of the Act of August 13, 1970, as amended by Public Law 93-408, $25,000,000, to 16 USC 1701. remain available until the end of the fiscal year following the fiscal year for which appropriated: Provided, That $12,500,000 shall be available to the Secretary of the Interior and $12,500,000 shall be available to the Secretary of Agriculture.

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Page:United States Statutes at Large Volume 89.djvu/1052

 89 STAT. 992

PUBLIC LAW 94-165—DEC. 23, 1975 FOREST ROADS AND TRAILS (LIQUIDATION OF CONTRACT AUTHORITY)

For expenses necessary for carrying out the provisions of title 23, United States Code, sections 203 and 205, relating to the construction and maintenance of forest development roads and trails, $112,857,000, to remain available until expended, for liquidation of obligations incurred pursuant to authority contained in title 23, United States Code, section 203: Provided, That funds available under the Act of March 4, 1913 (16 U.S.C. 501) shall be merged with and made a part of this appropriation. Funds available under the Act of March 4, 1913 (16 U.S.C. 501) during the period July 1, 1976, through September 30, 1976, shall be merged with and made a part of this appropriation and shall be used for expenses necessary for carrying out the provisions of title 23, United States Code, sections 203 and 205, relating to the construction and maintenance of forest development roads and trails, to remain available until expended. ACQUISITION OF LANDS FOR NATIONAL FORESTS SPECIAL ACT S

For acquisition of land to facilitate the control of soil erosion and flood damage originating within the exterior boundaries of the following national forests, in accordance with the provisions of the following Acts, authorizing annual appropriations of forest receipts for such purposes, and in not to exceed the following amounts from such receipts, Cache National Forest, Utah, Act of May 11, 1938 (52 Stat. 347), as amended, $20,000; Uinta and Wasatch National Forests, Utah, Act of August 26, 1935 (49 Stat. 866), as amended, $30,000; Toiyabe National Forest, Nevada, Act of June 25, 1938 (52 Stat. 1205), as amended, $10,000; Angeles National Forest, California, Act of June 11, 1940 (54 Stat. 299), $20,000; San Bernardino and Cleveland National Forests, California, Act of June 15, 1938 (52 Stat. 699), as amended, $81,000; in all, $161,000: Provided, That no part of this appropriation shall be used for acquisition of any land which is not within the boundaries of the national forests and/or for the acquisition of any land without the approval of the local government concerned. ACQUISITION OF LANDS TO COMPLETE LAND EXCHANGES

For acquisition of lands in accordance with the Act of December 4, 1967 (16 U.S.C. 484a), to remain available until expended, $35,000, to be derived from deposits by public school authorities under said Act. COOPERATIVE RANGE IMPROVEMENTS

For artificial revegetation, construction, and maintenance of range improvements, control of rodents, and eradication of poisonous and noxious plants on national forests in accordance with section 12 of the Act of April 24, 1950 (16 U.S.C. 580h), to be derived from grazing fees as authorized by said section, $700,000, to remain available until expended.

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