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1449

improvements, performed in accordance with the Public Buildings Act of 1959 (73 Stat. 479) or other applicable law, and (b) transfer n o40. u s e 601 te or reimbursement to applicable appropriations to said Administration for rents and related expenses, not otherwise provided for, of providing subject to Executive Order 11035, dated July 9, 1962, directly or ^^4o use 49o indirectly, suitable general purpose space for any such department or "°*^' agency, in the District of Columbia or elsewhere. No part of any appropriation contained in this Act shall be used for the payment of rental on lease agreements for tine accommodation of Federal agencies in buildings and improvements which are to be erected by the lessor for such agencies at an estimated cost of construction in excess of $200,000 or for the payment of the salary of any person who executes such a lease agreement: Provided, That the foregoing proviso shall not be applicable to projects for which a prospectus for the lease construction of space has been submitted to the Congress and approval made in the same manner as for the public buildings construction projects pursuant to the Public Buildings Act of 1959. NATIONAL AERONAUTICS AND SPACE ADMINISTRATION RESEARCH AND DEVELOPMENT

For necessary expenses, not otherwise provided for, including research, development, operations, services, minor construction, maintenance, repair, and alteration of real and personal property; and purchase, hire, maintenance, and operation of other than administrative aircraft necessary for the conduct and support of aeronautical and space research and development activities of the National Aeronautics and Space Administration, $2,565,000,000, to remain available until expended. CONSTRUCTION OF FACILITIES

For advance planning, design, and construction of facilities for the National Aeronautics and Space Administration, and for the acquisition or condemnation of real property, as authorized by law, $24,950,000, to remain available until expended. RESEARCH AND PROGRAM MANAGEMENT

For necessary expenses of research in Government laboratories, management of programs and other activities of the National Aeronautics and Space Administration, not otherwise provided for, including uniforms or allowances therefor, as authorized by law (5 U.S.C. 5901-5902); minor construction; awards; purchase of not so Stat. sos; to exceed one and hire, maintenance and operation of administrative ^^ ^*^'' ^°^* aircraft; purchase (not to exceed thirty-nine for replacement only) and hire of passenger motor vehicles; and maintenance, repair, and alteration of real and personal property; $678,725,000, of which $10,000,000 shall be available only for use at the Mississippi Test Facility/Slidell Computer Complex and at other NASA facilities which can accommodate earth environmental studies to furnish, on a nonreimbursable basis, basic institutional and technical services to Federal agencies, resident at the complexes, in pursuit of space and environmental missions: Provided, That contracts may be entered into under this appropriation for maintenance and operation of facilities, and for other services, to be provided during the next fiscal year.

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1450

[84 STAT.

GENERAL PROVISIONS Funds, transfer.

Not to exceed 5 per centum of any appropriation made available to the National Aeronautics and Space Administration by this Act may be transferred to any other such appropriation. Not to exceed $35,000 of the appropriation "Research and Program Management" in this Act for the National Aeronautics and Space Administration shall be available for scientific consultations or extraordinary expenses, to be expended upon the approval or authority of the Administrator and his determination shall be final and conclusive. NATIONAL COMMISSION ON CONSUMER FINANCE SALARIES AND EXPENSES

82 Stat. 164. 15 USC 1601 note.

For expenses necessary to carry out the provisions of title IV of the Act of May 29, 1968 (Public Law 90-321), $500,000, and the unobligated balance under this head for thefiscalyear 1970 shall remain available until June 30, 1971. NATIONAL SCIENCE FOUNDATION SALARIES AND EXPENSES

64 Stat. 149. 72 80 73 80

Stat. Stat. Stat. Stat.

1601. 998. 431. 416.

80 Stat. 508; 81 Stat. 206.

Campus d i s rupters, payments, prohibition.

For expenses necessary to carry out the purposes of the National Science Foundation Act of 1950, as amended (42 U.S.C. 1861-1875), Title IX of the National Defense Education Act of 1958 (42 U.S.C. 1876-1879), the National Sea Grant College and Program Act of 1966, (33 U.S.C. 1121-1124), and the Act to establish a National Medal of Science (42 U.S.C. 1880-1881), including award of graduate fellowships; services as authorized by 5 U.S.C. 3109; maintenance and operation of four aircraft and purchase of flight services for research support; hire of passenger motor vehicles; not to exceed $2,500 for official reception and representation expenses; not to exceed $20,500,000 for program development and management; uniforms or allowances therefor, as authorized by law (5 U.S.C. 5901-5902); rental of conference rooms in the District of Columbia; and reimbursement of the General Services Administration for security guard services; $511,000,000, to remain available until expended: Provided, That of the foregoing amount not less than $9,500,000 shall be available for firstyear graduate traineeships: Provided further, That of the foregoing amount not less than $23,300,000 shall be available for tuition, grants, and allowances in connection with a program of summer institutes for secondary school science and mathematics teachers: Provided further, That receipts for scientific support services and materials furnished by the National Research Centers may be credited to this appropriation: And provided further, That if an institution of higher education receiving funds hereunder determines after affording notice and opportunity for hearing to an individual attending, or employed by, such institution, that such individual has, after the date of enactment of this Act, willfully refused to obey a lawful regulation or order of such institution and that such refusal was of a serious nature and contributed to the disruption of the administration of such institution, then the institution shall deny any further payment to, or for the benefit of, such individual. SCIENTIFIC ACTIVITIES (SPECIAL FOREIGN CURRENCY PROGRAM)

For payments in foreign currencies which the Treasury Department determines to be excess to the normal requirements of the United

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States, for scientific activities, as authorized by section 104(b)(3) of the Agricultural Trade Development and Assistance Act of 1954, as amended (7 U.S.C. 1704(b) ( 3 j), $2,000,000: Provided, That this appropriation shall be available in addition to other appropriations to the National Science Foundation, for payments in the foregoing currencies K E N E G O T I A T I O N BOAKD

so Stat. 1529.

SALARIES AND EXPENSES

For necessary expenses of the Renegotiation Board, including hire of passenger motor vehicles and services as authorized by 5 U.S.C. 3109, $4,235,000.

so Stat. 4le.

S E C U R I T I E S AND E X C H A N G E COMMISSION SALARIES AND EXPENSES

For necessary expenses, including uniforms or allowances therefor, as authorized by law (5 U.S.C. 5901-5902), and services as authorized so Stat. sos; by 5 U.S.C. 3109, $21,716,000, including necessary funds to complete ^^ ^*^'* ^°^the Institutional Investors Study.

SELECTIVE SERVICE SYSTEM SALARIES AND EXPENSES

For expenses necessary for the operation and maintenance of the Selective Service System, as authorized by title I of the Military Selective Service Act of 1967 (62 Stat. 604), as amended, including si stau^ioo. services as authorized by 5 U.S.C. 3109; expenses of attendance 451. ^^^' at meetings and of training for uniformed personnel assigned to the Selective Service System, as authorized by law (5 U.S.C. 2301-2318) for civilian employees; hire of motor vehicles; purchase so Stat. 432. of thirteen passenger motor vehicles for replacement only; not to 4A^ai^not*es. exceed $82,000 for the National Selective Service Appeal Board; and $75,000 for the National Advisory Committee on the Selection of Physicians, Dentists, and Allied Specialists; $75,000,000: Provided, That during the current fiscal year, the President may exempt this appropriation from the provisions of subsection (c) of section 3679 of the Revised Statutes-, as amended, whenever he deems such action ^i use ees, to be necessary in the interest of national defense. VETERANS ADMINISTRATION COMPENSATION AND PENSIONS

For the payment of compensation, pensions, gratuities, and allowances, including burial awards, burial flags, subsistence allowances for vocational rehabilitation, emergency and other officers' retirement pay, adjusted-service credits and certificates, as authorized by law; and for payment of amounts of compromises or settlements under 28 U.S.C. 2677 of tort claims potentially subject to the offset provisions of 38 U.S.C. 351, $5,456,600,000, to remain available until expended. '

'

'

' READJUSTMENT

^ BENEFITS

so Stat. 307. 72 Stat. 1124; 76 Stat. 950; 83 Stat. 33.

For the payment of readjustment and rehabilitation benefits to or on behalf of veterans as authorized by law (38 U.S.C. chapters 21, 31 (except section 1504), and 33-39), $1,354,500,000, to remain available 72 Stat. 1167. until expended. i5ol?6oi!V9'oi.

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PUBLIC LAW 91-556-DEC. 17, 1970

[84 STAT.

VETERANS INSURANCE AND INDEMNITIES

For military and naval insurance, national service life insurance, servicemen's indemnities, and service-disabled veterans insurance, to remain available until expended, $12,100,000, of which $7,000,000 shall be derived from the Veterans Special Life Insurance Fund. MEDICAL CARE

8i*stfr*206°^' 83 Stat. 836.

For expenses necessary for the maintenance and operation of hospitals, nursing homes, and domiciliary facilities; for furnishing, as authorized by law, inpatient and outpatient care and treatment to beneficiaries of the Veterans Administration including care and treatment in facilities not under the jurisdiction of the Veterans Administration, and furnishing recreational facilities, supplies and equipment; maintenance and operation of farms and burial grounds; repairing, altering, improving or providing facilities in the several hospitals and homes under the jurisdiction of the Veterans Administration, not otherwise provided for, either by contract or by the hire of temporary employees and purchase of materials; uniforms or allowance therefor as authorized by law (5 U.S.C. 5901-5902); aud aid to State homes as authorized by law (38 U.S.C. 641); $1,857,200,000, plus reimbursements: Provided, That allotments and transfers may be made from this appropriation to the Public Health Service of the Department of Health, Education, and Welfare, and the Army, Navy, and Air Force of the Department of Defense, for disbursements by them under the various headings of their applicable appropriations, of such amounts as are necessary for the care and treatment of beneficiaries of the Veterans Administration. MEDICAL AND PROSTHETIC EESEARCH

For expenses necessary for carrying out programs of medical and prosthetic research and development, as authorized by law, to remain available until expended, $59,200,000. MEDICAL ADMINISTRATION AND MISCELLANEOUS OPERATING EXPENSES

80 Stat. 1375.

For expenses necessary for administration of the medical, hospital, domiciliary, construction and supply, research, employee education and training activities, as authorized by law, and for carrying out the provisions of section 5055, title 38, United States Code, relating to pilot programs and grants for exchange of medical information, $19,100,000. GENERAL OPERATING EXPENSES

For necessary operating expenses of the Veterans Administration, not otherwise provided for, including uniforms or allowances therefor, as authorized by law; not to exceed $1,000 for official reception and representation expenses; purchase of one passenger motor vehicle (medium sedan for replacement only) and hire of passenger motor vehicles; and reimbursement of the General Services Administration for security guard services; $239,200,000: Provided, That no part of this appropriation shall be used to pay in excess of twenty-two persons engaged in public relations work. CONSTRUCTION OF HOSPITAL AND DOMICILIARY FACILITIES

For hospital and domiciliary facilities, for planning and for major alterations, improvements, and repairs and extending any of the facilities under the jurisdiction of the Veterans Administration or for

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PUBLIC LAW 91-556-DEC. 17, 1970

any of the purposes set forth in sections 5001, 5002, and 5004, title 38, United States Code, including necessary expenses of administration, $59,000,000, to remain available until expended.

1453 V Stat. 1251; 2

80 Stat. 1372.

GRANTS FOR CONSTRUCTION or STATE EXTENDED CARE FACILITIES

For grants to assist the several States to construct State nursing liome facilities and to remodel, modify or alter existing hospital and domiciliary facilities in State homes, for furnishing care to veterans, as authorized by law (38 U.S.C. 644 and 5031-5037), $7,500,000, to 83 Stat. 836; remain available until June 30, 1973. ^^ ^*^*- ^°^GRANTS TO THE REPUBLIC OF THE PHILIPPINES

For payment to the Republic of the Philippines of grants, as authorized by law (38 U.S.C. 631-634), $2,000,000.

72 Stat. 1145; 80 s t a t. 859.

PAYMENT OF PARTICIPATION SALES INSUFFICIENCIES

For the payment of such insufficiencies as may be required by the (xovernment National Mortgage Association, as trustee, on account of outstanding beneficial interests or participations in Direct loan revolving fund assets or I^oan guaranty revolving fund assets, authorized by the Independent Offices and Department of Housing and Urban Development Appropriation Act, 1968, to be issued pursuant to section 302(c) of the Federal National Mortgage Association Charter xA.ct, as amended (12 U.S.C. 1717 (c)), $6,128,000.

si Stat. 352. 78 Stat. 800; 80 Stat. 164;

LOAN GUARANTY REVOLVING F U N D

^^ *^'' ^'^^'

During the current fiscal year, the Loan guaranty revolving fund shall be available for expenses, but not to exceed $350,000,000, for property acquisitions and other loan guaranty and insurance operations under Chapter 37, title 38, United States Code, except administrative 72 Stat. 1203; expenses, as authorized by section 1824 of such title: Provided, That g^ ^^l\[ 1%^ the unobligated balances including retained earnings of the Direct 38 USC isoi. loan revolving fund shall be available, during the current fiscal year, ^^ ^'^'- ^^^• " for transfer to the Loan guaranty revolving fund in such amounts as may be necessary to provide for the timely payment of obligations of such fund and the Administrator of Veterans Affairs shall not be required to pay interest on amounts so transferred after the time of such transfer. ADMINISTRATIVE PROVISIONS

Not to exceed 5 per centum of any appropriation for the current Funds, transfer. fiscal year for "Compensation and pensions", "Readjustment benefits", and "Veterans insurance and indemnities" may be transferred to any other of the mentioned appropriations, but not to exceed 10 per centum of the appropriations so augmented. Appropriations available to the Veterans Administration for the current fiscal year for salaries and expenses shall be available for services as authorized by 5 U.S.C. 3109. so Stat. 4 le. The appropriation available to the Veterans Administration for the current fiscal year for "Medical care" shall be available for funeral, burial, and other expenses incidental thereto (except burial awards authorized by 38 U.S.C. 902), for beneficiaries of the Veterans Admin- ^'Jl ^[^^-^ ^^^' .

,

,.

''.

.

T' '

1

•

,•

istration receiving care under such appropriations. No part of the appropriations in this Act for the Veterans Administration (except the appropriation for "Construction of hospital and domiciliary facilities") shall be available for the purchase of any site for or toward the construction of any new hospital or home.

SO Stat. 2 9.

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PUBLIC LAW 91-556-DEC. 17, 1970

[84 STAT.

No part of the foregoing appropriations shall be available for hospitalization or examination of any persons except beneficiaries entitled under the laws bestowing such benefits to veterans, unless reimbursement of cost is made to the appropriation at such rates as may be fixed by the Administrator of Veterans Affairs. TITLE II EXECUTIVE OFFICE OF THE PEESIDENT COUNCIL ON ENVIRONMENTAL QUALITY AND OFFICE OF ENVIRONMENTAL QUALITY SALARIES AND EXPENSES

83 Stat. 852. 42 USC 4321 note. Ante, p,. 9 1.

16 USC 17k note.

42 USC 4321

For expenses necessary for the Council on Environmental Quality and the Office of Environmental Quality, in carrying out their functions under the National Environmental Policy Act of 1969 (Public Law 91-190) and the National Environmental Improvement Act of 1970 (Public Law 91-224), including hire of passenger vehicles, and support of the Cabinet Committee on the Environment and the Citizens' Advisory Committee on Environmental Quality established by Executive Order 11472 of May 29, 1969, as amended by Executive Order 11514 of March 5, 1970, $1,000,000.

note.

NATIONAL AEKONAUTICS AND SPACE COUNCIL SALARIES AND EXPENSES

72 Stat. 427; ^\o*stat^^4i6

For expenses necessary for the National Aeronautics and Space Council, established by section 201 of the National Aeronautics and Space Act of 1958, as amended (42 U.S.C. 2471), including hire of passenger motor vehicles and services as authorized by 5 U.S.C. 3109, $500,000. OFFICE OF E M E E G E N C Y P K E P A E E D N E S S SALARIES AND EXPENSES

For expenses necessary for the Office of Emergency Preparedness, including services as authorized by 5 U.S.C. 3109, reimbursement of the General Services Administration for security guard services, hire of passenger motor vehicles, and expenses of attendance of cooperating officials and individuals at meetings concerned with the work of emergency planning, $5,890,000. DEFENSE MOBILIZATION FUNCTIONS OF FEDERAL AGENCIES

For expenses necessary to assist other Federal agencies to perform civil defense and defense mobilization functions, including payments by the Department of Labor to State employment security agencies for the full cost of administration of defense manpower mobilization activities, $3,130,000.

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1455

OFFICE OF SCIENCE AND TECHNOLOGY SALARIES AND EXPENSES

For expenses necessary for the Office of Science and Technology, including services as authorized by 5 U.S.C. 3109, $2,100,000.

so Stat. 4i6.

OFFICE OF TELECOMMUNICATIONS POLICY SALARIES AND EXPENSES

For expenses necessary for the conduct of telecommunications functions assigned to the Director of Telecommunications Policy, including services as authorized by 5 U. S. C 3109, $2,000,000: Provided, Th&t not to exceed $500,000 of the foregoing amount shall remain available for telecommunications studies and research until expended.

FUNDS APPROPRIATED TO THE PRESIDENT APPALACHIAN REGIONAL DEVELOPMENT PROGRAMS

For expenses necessary to carry out the programs authorized by the Appalachian Regional Development Act of 1965, as amended, except 8/stat?'2sV. expenses authorized by section 105 of said Act, including services as 4o use ap'p. i. authorized by 5 U.S.C. 3109, and hire of passenger motor vehicles, to remain available until expended, $293,500,000, of which $175,000,000 shall be available for the Appalachian Development Highway System, but no part of any appropriation in this Act shall be available for expenses in connection with commitments for contracts or grants for the Appalachian Development Highway System in excess of the total amount herein and heretofore appropriated. DISASTER RELIEF

For expenses necessary to carry out the purposes of the Act of September 30, 1950, as amended (42 U.S.C. 1855-1855g), the Disaster ^4 Stat. 1109. Relief Act of 1969 (Public Law 91-79) and section 9 of the Disaster J^ stau ^1^25^.^^^ Relief Act of 1966 (Public Law 89-769), authorizing assistance to note. States and local governments in major disasters, $65,000,000, to remain so Stat. 1320. available until expended: Provided, That not to exceed 3 per centum of '*^ ^^^ isssee. the foregoing amount shall be available for administrative expenses. DEPARTMENT OF DEFENSE CIVIL DEFENSE OPERATION A N D MAINTENANCE

For expenses, not otherwise provided for, necessary for carrying out civil defense activities, including the hire of motor vehicles; and financial contributions to the States for civil defense purposes, as authorized by law, $50,100,000: Provided, That not to exceed $21,400,000 shall be available for allocation under section 205 of the Federal Civil Defense Act of 1950, as amended. ' RESEARCH, SHELTER SURVEY AND MARKING

For expenses, not otherwise provided for, necessary for studies and research to develop measures and plans for civil defense; continuing shelter surveys, marking, stocking, and equipping surveyed spaces; and financial contributions to the States under section 201(i) of thie

^2 Stat. 533; 82 Stat. 175. 50 USC app.

2286.

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PUBLIC LAW 91-556-DEC. 17, 1970

64 Stat. 1249; 75 Stat! 82o! 50 USC app.

[84 STAT.

Federal Civil Defense Act, which shall be equally matched, for emergency operating centers and civil defense equipment; $22,000,000, to remain available until expended. GENERAL PROVISIONS—CIVIL DEFENSE

64 Stat. 1257; 72 tat. 534.

Appropriations contained in this Act for carrying out civil defense activities shall not be available in excess of the limitations on appropriations contained in section 408 of the Federal Civil Defense Act, as amended (50 U.S.C. App. 2260). -^^ ^^^^ ^ | ^^^ appropriation in this Act shall be available for the construction of warehouses or for the lease of warehouse space in any building which is to be constructed specifically for civil defense activities.

DEPARTMENT OE HEALTH, EDUCATION, AND WELFARE PUBLIC HEALTH SERVICE EMERGENCY HEALTH

g2^4 Stat.^u48; 42 USC^M/'

243.

'

For expenses necessary for carrying out emergency planning and preparedness functions of the Health Services and Mental Health Administration, and procurement, storage (including underground storage), distribution, and maintenance of emergency civil defense medical supplies and equipment, as authorized by section 201(h) of the Federal Civil Defense Act of 1950 (50 U.S.C. App. 2281(h)), and, except as otherwise provided, sections 301 and 311 of the Public Health Service Act with respect to emergency health services, $3,755,000, to remain available until expended.

TITLE III DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT RENEWAL AND HOUSING ASSISTANCE GRANTS FOR NEIGHBORHOOD FACILITIES

79 Stat. 491.

For grants authorized by section 703 of the Housing and Urban Dcvelopmeiit Act of 1965 (42 U.S.C. 3103), $40,000,000, to remain available until expended. URBAN RENEWAL PROGRAMS

82"tft^ 5iV^' 78 Stat. 792; 82 Stat. 603.

For grants for urban renewal, fiscal year 1971, as an additional amount for urban renewal programs, as authorized by title I of the Housing Act of 1949, as amended (42 U.S.C. 1450 et seq.), and section 314 of the Housing Act of 1954, as amended (42 U.S.C. 1452a), $1,200,000,000, to remain available until expended: Provided, That no part of any appropriation in this Act shall be used for administrative expenses in connection with commitments for grants aggregating more than the total of amounts available in the current year from the amounts authorized for making such commitments through June 30, 1967, plus the additional amounts appropriated therefor.

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KEHABILITATION LOAN F U N D

For the revolving fund established pursuant to section 312 of the Housing Act of 1964, as amended (42 U.S.C. 1452b), $35,000,000, to ^,'l,l\%\^°'' remain available until expended. 83 Stat. as?! Low

E E N T PUBLIC HOUSING

ANNUAL C O N T R I B U T I O N S

For the payment of annual contributions to public housing agencies in accordance with section 10 of the United States Housing Act of 1937, as amended (42 U.S.C. 1410), $654,500,000.

50 Stat. 8 9 1.

COLLEGE HOUSING

For payments authorized by section 1705 of the Housing and Urban Development Act of 1968, the unobligated balance of funds appro- 83^stat?'39o*!^' priated for this purpose in fiscal year 1970 shall remain available 12 USC 1749. until June 30, 1971: Provided, That the limitation otherwise applicable to the total payments that may be required in any fiscal year by all contracts entered into under such section is increased by $9,300,000. SALARIES AND EXPENSES, KENEWAL AND HOUSING ASSISTANCE

For necessary administrative expenses of programs of renewal and housing assistance, not otherwise provided for, $43,500,000. METKOPOLITAN DEVELOPMENT COMPREHENSIVE PLANNING GRANTS

For "Comprehensive planning grants" as authorized by section 701 of the Housing Act of 1954, as amended (40 U.S.C. 461), $50,000,000, to remain available until expended.

Post,

p.

COMMUNITY DEVELOPMENT TRAINING AND URBAN FELLOWSHIP PROGRAMS

For matching grants to States for training and related activities, for expenses of providing technical assistance to State and local governmental or public bodies (including studies and publication of information), and for fellowships for city planning and urban studies, as authorized by title VIII of the Housing Act of 1964, as amended (20 U.S.C. 801-805; 811), $3,500,000.

83 Stat. 392.

N E W COMMUNITY ASSISTANCE

For supplementary grants as authorized by title IV of the Housing and Urban Development Act of 1968 (42 U.S.C. 3911), $5,000,000, ga^sta^*" ^^^' to remain available until expended. °*" ^^^' O P E N SPACE LAND PROGRAMS

For grants as authorized by title VII of the Housing Act of 1961, as amended (42 U.S.C. 1500-1500e), and the provision of technical 7/stat^4*95*^' assistance to State and local public bodies (including the undertaking of studies and publication of information), $75,000,000, to remain available until expended: Provided, That no part of this appropriation may be used for financing a grant in excess of 50 per centum of the cost of any activity or project.

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PUBLIC LAW 91-556-DEC. 17, 1970

[84 STAT.

GRANTS FOR BASIC WATER AND SEWER FACILITIES

Ante. p. 886.

For grants authorized by section 702 of the Housing and Urban Development Act of 1965 (42 U.S.C. 3102), $350,000,000, to remain available until expended. SALARIES AND EXPENSES, METROPOLITAN DEVELOPMENT

For necessary administrative expenses of programs of metropolitan development, not otherwise provided for, $8,000,000. MODEL CITIES AND GOVERNMENTAL RELATIONS MODEL CITIES PROGRAMS

42 USC 3301.

For financial assistance and administrative expenses in connection with planning and carrying out comprehensive city demonstration programs, as authorized by title I of the Demonstration Cities and Metropolitan Development Act of 1966 (80 Stat. 1255-1261), $575,000,000 for the fiscal year 1971, to remain available until June 30, 1972. SALARIES AND EXPENSES, MODEL CITIES AND GOVERNMENTAL RELATIONS

so Stat. 1262.

For necessary administrative expenses of programs of Model cities and governmental relations, not otherwise provided for, $600,000, together with not to exceed $8,300,000 to be derived from the appropriation for "Model cities programs": Provided, That no part of this or any other appropriation in this Act may be used to provide metropolitan expediters, or for the administration or implementation of section 204 of the Demonstration Cities and Metropolitan Development Act of 1966 (Public Law 89-754).

42 USC 3334.

URBAN TECHNOLOGY AND RESEARCH URBAN RESEARCH AND TECHNOLOGY

70 Stat. 1113; 79 Stat' 66780 Stat! 1286. 82 stau ^1^36^9. note.

For grants and necessary expenses of programs of research and studies relating to housing and urban problems, not otherwise provided for, as authorized by law (12 U.S.C. l701d-3; 1701e; I701f; 42 U.S.C. 3532; 42 U.S.C. 3372-3373), including carrying out the fuuctions of the Secretary under section 1(a)(1)(i) of Reorganization P l a n N o. 2 of 1968, $30,000,000 for the fiscal year 1971, to r e m a i n a v a i l a b l e u n t i l June 30, 1972: Provided, That not to exceed $1,700,000 of the foregoing amount shall be available for administrative expenses. MORTGAGE

CREDIT

HOMEOWNERSHIP AND RENTAL HOUSING ASSISTANCE

12 USC 1715Z, ^^^^^"^'

For homeownership assistance payments, authorized by section 235, and for interest reduction payments as authorized by section 236 of the National Housing Act, as amended (82 Stat. 477 and 498), $115,100,000: Provided,, T n a t the limitation on total payments that may be required in any fiscal year by all contracts entered into under section 235 is increased by $130,000,000, and the limitation on total payments under those entered into under section 236 is increased by $135,000,000.

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1459

R E N T SUPPLEMENT PROGRAM

For rent supplement payments authorized by section 101 of the Stat. 4 5 1. Housing and Urban Development Act of 1965, $46,600,000: Provided, 79 USC 1701s 12 That the limitation otherwise applicable to the maximum payments ^ndn<X^. that may be required in any fiscal year by all contracts entered into under such section is increased by $55,000,000: Provided further, That no part of the foregoing appropriation or contract authority shall be used for incurring any obligation in connection with any dwelling unit or project which is not either part of a workable program for community improvement meeting the requirements of section 101(c) of the Housing Act of 1949, as amended (42 U.S.C. 1451 (c)), or which es Stat. 623 is without local official approval for participation in this program. Low

AND MODERATE INCOME SPONSOR F U N D

For the low and moderate income sponsor fund, authorized by section 106 of the Housing and Urban Development Act of 1968 (82 Stat. 490), $3,000,000.

Post,

p. 1808.

HOUSING FOR THE ELDERLY OR HANDICAPPED F U N D

For the revolving fund established pursuant to Section 202 of the Housing Act of 1959, as amended (12 U.S.C. iTOlq et seq.), $10,000,000, ^l\^^^\^^'^' to remain available until expended. SALARIES AND EXPENSES, FEDERAL HOUSING ADMINISTRATION

For necessary administrative expenses of the Federal Housing Administration in carrying out functions delegated by the Secretary under section 101 of the Housing and Urban Development Act of 1965, as amended (12 U.S.C. 1701s), and section 106 and title X IV of the Housing and Urban Development Act of 1968 (82 Stat. 490 and 590), not otherwise provided for, $3,500,000. FEDERAL INSURANCE

^^ Stat. 451. 12 USC i7oix.

ADMINISTRATION

FLOOD INSURANCE

For necessary administrative expenses, not otherwise provided for, in carrying out the National Flood Insurance Act of 1968 (82 Stat. 572), $5,000,000.

42 USC 4001 note.

FAIR HOUSING AND EQUAL OPPORTUNITY FAIR HOUSING AND EQUAL OPPORTUNITY

For expenses necessary to carry out the functions of the Secretary pursuant to title VIII of the Civil Rights Act of 1968 (42 U.S.C. 3601), 82 Stat. si. section 3 of the Housing and Urban Development Act of 1968 (82 Stat. 476), title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d), and 83 Stat. 395. Executive Orders 11063 (27 Fed. Reg. 11527), 11246, as amended (30 73 staT. 252'"' Fed. Reg. 12319, 32 Fed. Reg. 14303), 11458 (34 Fed. Reg. 4937), and « use 1932 11478 (34 Fed. Reg. 12985), $8,000,000. ""iVusc^esT'" note.

47-348 O - 72 - 9 (Pt. 2)

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Page:United States Statutes at Large Volume 84 Part 2.djvu/130

 1460

PUBLIC LA\V 91-556-DEC. 17, 1970

[84 STAT.

DEPARTMENTAL MANAGEMENT GENERAL ADMINISTRATION

For necessary administrative expenses of the Secretary, not otherwise provided for, in overall program planning and direction in the Department, including not to exceed $2,500 for official reception and representation expenses, $9,000,000. REGIONAL MANAGEMENT AND SERVICES

For necessary administrative expenses, not otherwise provided for, of management and program coordination in the regional offices of the Department, $14,000,000. PAYMENT OF PARTICIPATION SALES INSUFEICIENCIES

''

81 Stat. 352. 78 Stat. 800; 8? ItS: M ': 12 USC 1717.

31 USC 849*

For the payment of such insufficiencies as may be required by the Government National Mortgage Association, as trustee, on account of outstanding beneficial interests or participations in assets of the Department of Housing and Urban Development (including the Government National Mortgage Association) authorized by the Independent Offices and Department of Llousing and Urban Development Appropriation Act, 1968, to be issued pursuant to section 302(c) of i)^^ Federal National Mortgage Association Charter Act, as amended, $58,781,000. TITLE IV—CORPORATIONS The following corporations and agencies, respectively, are hereby authorized to make such expenditures, within the limits of funds and borrowing authority available to each such corporation or agency and in accord with law, and to make such contracts and commitments without regard to fiscal year limitations as provided by section 104 ^^ ^^^^ Government Corporation Control Act, as amended, as may be necessary in carrying out the programs set forth in the Budget for the current fiscal year for each such corporation or agency except as hereinafter provided:

FEDERAL HOME LOAN BANK BOARD LIMITATION ON ADMINISTRATIVE AND NONADMINISTRATIVE EXPENSES, FEDERAL H O M E LOAN B A N K BOARD

80 Stat. 416. ^80 stat^^5^08;

(1 Stat. 206.

Not to exceed a total of $6,625,000 shall be available for administrative expenses of the Federal Home Loan Bank Board, which may procure services as authorized by 5 U.S.C. 3109, and contracts for such services with one organization may be renewed annually, and uniforms or allowances therefor in accordance with law (5 U.S.C. 5901-5902), and said amount shall be derived from funds available to the Federal Home Loan Bank Board, including those in the Federal Home Loan Bank Board revolving fund and receipts of the Board for the current fiscal year and prior fiscal years, and the Board may utilize and may make payment for services and facilities of the Federal home loan banks, the Federal Reserve banks, the Federal Savings and Loan Insurance Corporation, and other agencies of the Government (including payment for office space): Provided, That all necessary expenses in connection with the conservatorship or liquidation of institutions insured by the Federal Savings and Loan Insurance Corporation, liquidation or handling of assets of or derived from such insured institution"^, payment of insurance, and action for or toward the avoidance, termination, or minimizing of losses in the case of such

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Page:United States Statutes at Large Volume 84 Part 2.djvu/131

 84 STAT. ]

PUBLIC LAW 91-556-DEC. 17, 1970

insured institutions, or activities relating to section 5A(f) or 6(i) of the Federal Home Loan Bank Act, section 5(d) of the Home Owners' Loan Act of 1933, or section 406(c), 407, or 408 of the National Housing Act and all necessary expenses (including services performed on a contract or fee basis, but not including other personal services) in connection with the handling, including the purchase, sale, and exchange, of securities on behalf of Federal home loan banks, and the sale, issuance, and retirement of, or payment of interest on, debentures or bonds, under the Federal Home Loan Bank Act, as amended, shall be considered as nonadministrative expenses for the purposes hereof: Provided further, That members and alternates of the Federal Savings and Loan Advisory Council shall be entitled to reimbursement from the Board as approved by the Board for transportation expenses incurred in attendance at meetings of or concerned with the work of such Council and may be paid not to exceed $25 per diem in lieu of subsistence: Provided further, That expenses of any functions of supervision (except of Federal home loan banks) vested in or exercisable by the Board shall be considered as nonadministrative expenses: Provided further, That not to exceed $1,000 shall be available for official reception and representation expenses: Provided further, That, notwithstanding any other provisions of this Act, except for the limitation in amount hereinbefore specified, the administrative expenses and other obligations of the Board shall be incurred, allowed, and paid in accordance with the provisions of the Federal Home Loan Bank Act of July 22, 1932, as amended (12 U.S.C. 1421-1449): Provided further, That the nonadministrative expenses (except those included in the first proviso hereof) for the supervision and examination of Federal and State chartered institutions (other than special examinations determined by the Board to be necessary) shall not exceed $14,700,000.

1461 82 Stat. 856; 47 Stat. 727. 12 USC 1425£i, 1426. 80 Stat. 1028, 12 USC 1464. 48 Stat. 1259; 82 Stat. 295. 80 Stat. 1036. 82 Stat. 5. 12 USC 1729, 1730, 1730a.

47 Stat. 725.

INTEREST ADJUSTMENT PAYMENTS

For payments to Federal home loan banks for the purpose of adjusting the effective interest rates charged by such banks, as authorized by section 101 of the Emergency Home Finance Act of 1970, $85,000,000.

^"*^' P- '*^°-

LIMITATION ON ADMINISTRATIVE EXPENSES, FEDERAL SAVINGS AND LOAN INSURANCE CORPORATION

Not to exceed $408,000 shall be available for administrative expenses, which shall be on an accrual basis and shall be exclusive of interest paid, depreciation, properly capitalized expenditures, expenses in connection with liquidation of insured institutions or activities relating to section 406(c), 407, or 408 of the National Housing Act, liquidation or handling of assets of or derived from insured institutions, payment of insurance, and action for or toward the avoidance, termination, or minimizing of losses in the case of insured institutions, legal fees and expenses and payments for expenses of the Federal Home Loan Bank Board determined by said Board to be properly allocable to said Corporation, and said Corporation may utilize and may make payments for services and facilities of the Federal home loan banks, the Federal Keserve banks, the Federal Home Loan Bank Board, and other agencies of the Government: Provided, That, notwithstanding any other provisions of this Act, except for the limitation in amount hereinbefore specified, the administrative expenses and other obligations of said Corporation shall be incurred, allowed, and paid in accordance with title IV of the Act of June 27, 1934, as amended (12 U.S.C. 1724-1730b).

.^ITko's

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Page:United States Statutes at Large Volume 84 Part 2.djvu/132

 1462

PUBLIC LAW 91-556-DEC. 17, 1970

[84 STAT.

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT LIMITATION ON ADMINISTRATIVE EXPENSES, HOUSING FOR THE ELDERLY OR HANDICAPPED

83^stat^*39o^^'

Not to exceed $850,000 of funds in the revolving fund established pursuant to section 202 of the Housing Act of 1959, as amended (12 U.S.C. ITOlq et seq.), shall be available for administrative expenses. LIMITATION ON ADMINISTRATIVE EXPENSES, COLLEGE HOUSING LOANS

64 Stat. 77; 77 Stat. 437.

Not to exceed $1,000,000 of the funds available for making loans for college housing and other facilities shall be available for administrative expenses in connection with such loans (12 U.S.C. 1749I749d). LIMITATION ON ADMINISTRATIVE EXPENSES, PUBLIC FACILITY LOANS

42 USC V^'

Not to exceed $1,200,000 of funds in the revolving fund established pursuant to title II of the Housing Amendments of 1955, as amended, shall be available for administrative expenses. LIMITATION ON ADMINISTRATVE EXPENSES, REVOLVING F U N D (LIQUIDATING PROGRAMS)

During the current fiscal year not to exceed $125,000 shall be available for administrative expenses, but this amount shall be exclusive of expenses necessary in the case of defaulted obligations to protect the interests of the Government. LIMITATION ON ADMINISTRATIVE AND NONADMINISTRATIVE EXPENSES, FEDERAL HOUSING ADMINISTRATION

48 Stat. 1246.

63 Stat. 905. 12 USC 1702.

For administrative expenses in carrying out duties imposed by or pursuant to law, not to exceed $13,500,000 of the various funds oi the Federal Housing Administration shall be available, in accordance with the National Housing Act, as amended (12 U.S.C. 1701): Provided, That funds shall be available for contract actuarial services (not to exceed $1,500): Provided further, That nonadministrative expenses classified by section 2 of Public I^aw 387, approved Octo]yQj> £5, 1949, shall not exceed $118,775,000. '

'

H'

?

?

LIMITATION ON ADMINISTRATIVE EXPENSES, GOVERNMENT NATIONAL MORTGAGE ASSOCIATION

Not to exceed $6,600,000 shall be available for administrative expenses, which shall be on accrual basis, and shall be exclusive of interest paid, expenses (including expenses for fiscal agency services performed on a contract or fee basis) in connection Avitn the issuance and servicing of securities, depreciation, properly capitalized expenditures, fees for servicing mortgages, expenses (including services performed on a force account, contract or fee basis, but not including other personal services) in connection with the acquisition, protection, operation, maintenance, improvement, or disposition of real or personal property belonging to said Association or in which it has an interest, cost of salaries, wa^es, travel, and other expenses of persons employed outside of the continental United States, and all administrative expenses reimbursable from other Government agencies and from

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 84 STAT. ]

PUBLIC LAW 91-556-DEC. 17, 1970

1463

the Federal National Mortgage Association: Provided, That the distribution of administrative expenses to the accounts of the Association shall be made in accordance with generally recognized accounting principles and practices. ADMINISTRATIVE EXPENSES, Low

R E N T PUBLIC HOUSING

Administrative expenses of carrying out the provisions of the United States Housing Act of 1937, as amended (42 U.S.C. 1401-1433) shall be provided for from amounts appropriated therefor in this Act, except that necessary expenses of providing representatives at the sites of non-Federal projects in connection with the construction of such projects by public housing agencies with aid under the United States Housing Act of 1937, as amended, shall be compensated by such agencies by the payment of fixed fees which in the aggregate will cover the costs of rendering such services, and expenditures for such purpose shall be considered nonadministrative expenses, and funds received from such payments may be used only for the payment of necessary expenses of providing such representatives.

50 Stat. 888; 63 Stat. 440.

TITLE V—GENERAL PROVISIONS SEC. 501. Where appropriations in titles I, II and III of this Act are expendable for travel expenses of employees and no specific limitation has been placed thereon, the expenditures for such travel expenses may not exceed the amounts set forth therefor in the budget estimates submitted for the appropriations: Provided, That this section shall not apply to travel performed by uncompensated officials of local boards and appeal boards of the Selective Service System; to travel performed directly in connection with care and treatment of medical beneficiaries of the Veterans' Administration; or to payments to interagency motor pools where separately set forth in the budget schedules. SEC. 502. No part of any appropriation contained in titles I, II, and III of this Act shall be available to pay the salary of any person filling a position, other than a temporary position, formerly held by an employee who has left to enter the Armed Forces of the United States and has satisfactorily completed his period of active military or naval service and has witnin ninety days after his release from such service or from hospitalization continuing after discharge for a period of not more than one year made application for restoration to his former position and has been certified by the Civil Service Commission as still qualified to perform the duties of his former position and has not been restored thereto. SEC. 503. No part of any appropriation made available by the provision of titles I, II, and III of this Act shall be used for the purchase or sale of real estate or for the purpose of establishing new offices outside the District of Columbia: Provided, That this limitation shall not apply to programs which have been approved by the Congress and appropriations made therefor. SEC. 504. No part of any appropriation contained in this Act, or the funds available for expenditure b;^ any corporation or agency included in this Act, shall be used for publicity or propaganda purposes designed to support or defeat legislation pending before the Congress. SEC. 505. No part of any appropriation contained in this Act, or of the funds available for expenditure by any corporation or agency included in this Act, shall be used to pay the compensation of any employee engaged in personnel work m excess of the number that would be provided by a ratio of one such employee to one hundred and thirty-five, or a part thereof, full-time, part-time, and intermittent

Position ^^^^^^^ after restoration ^^^^ military"reave

Real estate,

'^'^'

publicity or P'^°P^^^"'*«-

umurtron.^^ '^°'^^'

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Page:Folk-lore - A Quarterly Review. Volume 15, 1904.djvu/87

Rh her shoulder. Above her stood the witch-doctor, who at intervals took some ointment or mess from a vessel near him and vigorously rubbed the shoulder with it. To the European this would naturally seem the effective part of the treatment, but to the native the important part lay in the noise created by two assistants, one of whom beat three small drums with his hands, whilst the other with the keenest relish was engaged in striking a battered oil-tin with sticks. The noise would drive out the evil spirit which caused the trouble. Presently the doctor paused. The woman rose, rushed full speed round a couple of huts three or four times, went into one of them twice, and then danced backwards and forwards between the fire and the nearest hut, constantly keeping her eyes fixed on the full moon, and occasionally snatching a corn-cob from a basket near the fire, gnawing at it whilst she danced. In time, however, the noise became distracting and the proceedings monotonous; and after an attempt to secure a photograph we returned to the Mission station.

Such a witch-doctor as this man would have had to pass through a long and severe course of apprenticeship to some recognised authority before he could be accepted as a practitioner. On applying for instruction, a lad would have to bring his master a cockerel just beginning to crow, and he would then be taught how to lay the divining-rods, would scarify patients who consulted his master, and would learn the names of the various gourds and vessels. Until he became fully qualified he would get no fees.

The basket, tools, and vessels which I exhibit to-night (Plate I.) belonged to a witch-doctor in the Magila district of German East Africa. At his death they were inherited by a relative who was a Christian, and through him were sent to England. They are now in my possession. The following description of them is quoted from the account (derived from the Rev. W. G. Harrison of Magila) by the Rev. F. R. Hodgson in Central Africa, a magazine of the Universities' Mission, No. 250, p. 194 (Partridge & Co.). Notice that the scarifying knife is a broken and rusty European table-knife, and that the influence of the white man's power is further seen in a rusty farthing tin lamp, which forms one of the vessels (fig. 13).

"I. is a packet, wrapped in a cob-sheath of Indian corn, of a preparation made from green shoots (called kongo) and sheep's dung. This is used by the mganga (medicine-man) before handling


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Page:United States Statutes at Large Volume 84 Part 2.djvu/134

 1464

Uniforms, e t c.

80 Stat. 508; 81 Stat. 206. 80 Stat, 416. Legal and banking services.

64 Stat. 873. Research projects.

Interdepartmental groups, expenses. 59 Stat. 134. Payment to convicted r i o t e r s, prohibition.

Hand and measuring to o l s, procurement outside U.S., limitation.

PUBLIC LAW 91-556-DEC. 17, 1970

[84 STAT.

employees of the corporation or agency concerned: Provided., That for purposes of this section employees shall be considered as engaged in personnel work if they spend half-time or more in personnel administration consisting of direction and administration of the personnel program; employment, placement, and separation; job evaluation and classification; employee relations and services; wage administration; and processing, recording, and reporting. SEC. 506. Appropriations and funds available for the administrative expenses of the Department of Housing and Urban Development shall be available in the current fiscal year for purchase of uniforms, or allowances therefor, as authorized by law (5 U.S.C. 5901-5902); hire of passenger motor vehicles; and services as authorized by 5 U.S.C. 3109. SEC. 50'7. Funds made available for the Department of Housing and Urban Development under title IV of this Act shall be available, without regard to the limitations on administrative expenses, for legal services on a contract or fee basis, and for utilizing and making payment for services and facilities of Federal National Mortgage Association or Government National Mortgage Association, Federal Reserve banks or any member thereof, Federal home loan banks, and any insured bank within the meaning of the Federal Deposit Insurance Corporation Act, as amended (12 l^.S.C. 1811-1831). SEC. 508. None of the funds provided in this Act may be used for payment, through grants or contracts, to recipients that do not share in the cost of conducting research resulting from proposals for projects not specifically solicited by the Government: Provided., That the extent of cost sharing by the recipient shall reflect the mutuality of interest of the grantee or contractor and the Government in the research. SEC. 509. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein. SEC. 510. None of the funds in this Act shall be available to finance interdepartmental boards, commissions, councils, committees, or similar groups under section 214 of the Independent Offices Appropriation Act, 1946 (31 U.S.C. 691), which do not have prior and specific Congressional approval of such method of financial support. SEC. 511. No part of the funds appropriated by this Act shall be used to pay the salary of any Federal employee who is convicted in any Federal, State, or local court of competent jurisdiction, of inciting, promoting, or carrying on a riot, or any group activity resulting in material damage to property or injury to persons, found to be in violation of Federal, State, or local laws designed to protect persons or property in the community concerned. SEC. 512. No part of any appropriations contained in this Act shall be available for the procurement of or for the payment of the salary of any person engaged in the procurement of any hand or measuring tool(s) not produced in the United States or its possessions except to the extent that the Administrator of General Services or his designee shall determine that a satisfactory quality and sufficient quantity of hand or measuring tools produced in the United States or its possessions cannot be procured as and when needed from sources in the United States and its possessions or except in accordance with procedures prescribed by section 6-104.4(b) of Armed Services Procurement Regulation dated January 1, 1969, as such regulation existed on June 15, 1970. This section shall be applicable to all solicitations for bids opened after its enactment. This Act may be cited as the "Independent Offices and Department of Housing and Urban Development Appropriation Act, 1971". Approved December 17, 1970.

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 84 STAT. ]

PUBLIC LAW 91-557-DEC. 17, 1970

1465

Public Law 91-557 AN ACT To authorize the Secretary of the Interior to approve an agreement entered into by the Soboba Band of Mission Indians releasing a claim against the Metropolitan Water District of Southern California and Eastern Municipal Water District, California, and to provide for construction of a water distribution system and a water supply for the Soboba Indian Reservation; and to authorize long-term leases of land on the reservation. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Interior is authorized to approve a release agreement to be negotiated by and between the Soboba Band of Mission Indians, the Metropolitan Water District of Southern California, hereinafter called Metropolitan, and the Eastern Municipal Water District, hereinafter called Eastern, which provides among other things that— (a) Metropolitan shall pay to the Secretary of the Interior for the use and benefit of the Soboba Indians the sum of $30,000. Payment shall be made when the lands that comprise the Soboba Indian Reservation have been annexed to Metropolitan and to Eastern. The annexation shall be subject to the terms and conditions of the release agreement and the annexation and water service agreement to be executed pursuant to section 2 of this Act. (b) The Soboba Band of Mission Indians releases Metropolitan and and Eastern, their successors or assigns, from all claim it may have based on past, present, or future actual or claimed damage to, or interference with, theflowof waters from the springs on the Soboba Indian Reservation lands, or on actual or claimed interference with, or damage to, the water supply to or upon the lands of the Soboba Indian Reservation, which claims arise from construction and operation of a certain tunnel through the San Jacinto mountains constructed in the 1930's. (c) The release agreement shall be effective upon the completion of the concurrent annexation of the Soboba Indian Reservation lands to Metropolitan and Eastern and upon the execution of an annexation and water service agreement authorized by section 2 of this Act. SEC. 2. The Secretary of the Interior and the Soboba Band of Indians are authorized to enter into an annexation and water service agreement with Eastern which provides, among other things, that— (a) The Soboba Indian Reservation lands may be annexed to Eastern and Metropolitan. (b) No annexation charge or back taxes regardless of form shall be made for said annexation. (c) The Secretary and Eastern shall jointly determine the additional new water supply and distribution facilities that shall be constructed and the existing facilities that shall be rehabilitated in order to provide domestic and irrigation water to each consumer within the Soboba Indian Reservation. Subject to the appropriation authorization limitation in section 5, construction or rehabilitation of facilities to provide water service to the Soboba Indian Reservation shall be undertaken by Eastern, shall be financed by the United States, wath Eastern providing such funds as the Secretary of the Interior and Eastern jointly determine represent a prorated share of joint-use facilities constructed outside of the Soboba Reservation, and with the $30,000 paid pursuant to subsection 1(a) being applied to the construction or rehabilitation. Facilities constructed within the Soboba Reservation shall be the property of the United States and facilities constructed outside of the Soboba Reservation shall be the property of Eastern.

December 17, 15i70 [H. R. 3328]

Soboba Indian Reservation, Calif. Water distribution system; claim r e l e a s e agreement.

Payment.

Effective date.

Land annexation.

Annexation charge, e t c., waiver. Water service agreement.

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Page:United States Statutes at Large Volume 84 Part 2.djvu/136

 1466 Maintenance.

New service connections, financing.

Exception.

Delivery.

Rates.

Collection.

Delinquent payment.

Title, transfer.

Rights-of-way.

PUBLIC LAW 91-557-DEC. 17, 1970

[84 STAT.

(d) Eastern shall have the exclusive right, without charge, to use the supply and distribution facilities owned by the United States lying within the Soboba Indian Reservation, and Eastern shall assume the responsibility for maintaining and operating such facilities. (e) Upon assumption of operation and maintenance of the system by Eastern following completion of the initial installation and rehabilitation work, any new service connections applied for by residents or consumers within the Soboba Indian Reservation, and any other additional water main extensions or facilities required for serving new development within the Soboba Indian Reservation, shall be financed by the applicants for such service, in accordance with the standard rules and regulations of Eastern, except as indicated in the next sentence. As long as title to the lands involved is held in trust by the United States, such new service connections or additional water main extensions or facilities may be financed by the United States to the extent agreed upon by the Secretary of the Interior. All such new service connections, additional extensions, or facilities shall be constructed by Eastern. All such new service connections, additional extensions, or facilities financed by parties other than the United States shall be the property of Eastern, All such service connections, additional extensions, or facilities financed by the United States shall be the property of the United States subject to exclusive use by Eastern without charge. (f) Subject to the limitations of capacity and location of the jointly agreed upon facilities. Eastern shall deliver domestic and irrigation water to each individual consumer within the Soboba Indian Reservation in accordance with the prevailing standard rules and regulations of Eastern and the provisions of the annexation and water service agreement. (g) The retail rates applicable to water service within the Soboba Indian Reservation shall be mutually agreed upon by Eastern and the Secretary of the Interior, and shall be neither less than nor more than the estimated cost of such water service to Eastern, adjusted to reflect differences between estimated costs and actual costs in preceding rate periods. Eastern shall make collections for service in accordance with its prevailing rules and regulations and the Secretary of the Interior shall guarantee payment to Eastern of any delinquent bill for providing water service to lands held in trust within the Soboba Indian Reservation. Water service to a consumer shall be discontinued in accordance with the prevailing rules and regulations of Eastern when a bill for service becomes delinquent, and shall not be resumed as long as the bill is delinquent without prior approval of the Secretary of the Interior. The Secretary shall not approve a resumption of service to an Indian who is able to pay all or a portion of a dehnquent bill and fails to do so. (h) When title restrictions are removed from any part or all of the Soboba Indian Reservation land, the responsibility and duties of the United States under the annexation and water service agreement shall cease with respect to such land, except for the installation and rehabilitation obligations undertaken in subsections 2(c) and (e) unless otherwise provided by Act of Congress. Title to the water distribution facilities serving such lands shall at that time become the property of Eastern and the obligation of Eastern to provide water service to such land at cost to the district shall likewise cease. SEC. 3. The Secretary is authorized to grant to Eastern without charge and subject to such conditions as he may prescribe (a) rights-ofway over Soboba Reservation lands necessary for the use, maintenance, and operation of supply and distribution facilities owned by the United States; (b) rights-of-way within which new service connections

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Page:United States Statutes at Large Volume 84 Part 2.djvu/137

 84 STAT. ]

PUBLIC LAW 91-557-DEC. 17, 1970

jire installed after initial installation and i^habilitation work lias been completed by Eastern; and (c) rights-of-way necessary for additional water main extensions and other waterworks facilities required for serving new development: Provided. That where title to the Soboba Reservation lands involved has been conveyed in fee simple by the United States the rights-of-way hereby authorized shall be subject to prior approval of {ho, owner of record. Eastern shall constnict, use, maintain, operate, or install the equipment or facilities for which the rights-of-way are granted in a manner that avoids damage to buildings, crops, or trees, or interference with growing of crops. Should such damage or interference occur. Eastern shall compensate the United States as trustee, or the fee owner of record. The rights-of-way granted shall revert to the United States or the owner of record when no longer required for the purpose or purposes for which granted. SEC. 4. Nothing in this Act shall permit Metropolitan or Eastern, or their successors or assigns, to alienate, encumber, or tax any property belonging to an Indian or Indian band which is held in trust by the United States of America, or which is subject to a restriction against alienation imposed by the Ignited States of America, while such property is exempt therefrom nndei' Federal case law oi- provisioiis of other Federal statutes. SEC. 5. There are authorized to be appropriated to carry out the provisions of subsection 2(c) not to exceed $316,658, in addition to the unexpended balance of sums previously appropriated and available for a water supply to the Soboba Reservation and the $30,000 provided pursuant to subsection 2(c), plus or minus such amounts, if any, as may be justified by reason of ordinary fluctuations in construction costs as indicated by engineering cost indices applicable to the types of construction involved. There are also authorized to be appropriated such sums as may be necessary to make any payments guaranteed pursuant to subsection 2(g). Xo funds shall be appropriated pursuant to the authorization contained in this section until sixty calendar <lays (not counting days on which either the House of Representatives or the Senate is not in session because of an adjournment of more than three calendar tlays to a day certain) after the Secretary has submitted to the Congress a plan for the construction and use of the water supply and distribution facilities under subsection 2(c), and for the repayment of costs as provided in section 6, and then only if within said sixty days neither the House nor the Senate Committee on Interior and Insular Affairs disapproves by committee resolution the plan submitted. SEC. 6. Xothing in this Act shall affect the right of the Soboba Indians to pursue theii- claim against the United States under the Act of August 13, 1946 (60 Stat. 1049), now pending in docket numbered SOA before the Indian Claims Commission, but any expenditures under subsections 2(c), (e), and (g), and the $30,000 paid by the Metropolitan and used pursuant to subsection 2(c), may be used by the Commission either in mitigation of damages or as an offset against any award which the Indians may receive. If such amount exceeds the award, the excess, and all expenditures by the United States under subsections 2(c), (e), and (g) after the date of the award, shall be repaid to the United States, without interest, by deductions from revenues received by the Soboba Band or its members from the sale, lease, or rental of the lands, such deductions to be in amounts that will reimburse the United States within fifty years, or as soon thereafter as lK)Ssible, according to estimates of the Secretary of the Interior, which estimates may be revised from time to time: Provided, That deductions in any one year shall not exceed 50 per centum of the revenues received in that year.

14(57

Trust lands, alienation, etc.; prohibition.

Appropriation.

Time limitation; construction plan, submittal to Congress.

25 USC 70.

Deductions.

Limitation.

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Page:United States Statutes at Large Volume 84 Part 2.djvu/138

 1468 Land assignment modification.

Long-term leases. Ante, p. 302.

PUBLIC LAW 91-558-DEC. 17, 1970

[84 STAT.

SEC. 7. Notwithstanding any other provision of law, any assignment of land on the Soboba Eeservation shall be modified, reduced in size, revoked, or otherwise limited by the governing body of the Soboba Band, or by the Secretary of the Interior if in his judgment the governing body fails to act effectively, in order to assure that the benefits from the development of the land with water provided pursuant to this Act, other than for subsistence purposes, will accrue to the Band rather than to the assignee. SEC. 8. The second sentence of section 1 of the Act of August 9, 1955 (69 Stat. 539), as amended (25 U.S.C. 415), is hereby amended by inserting after "Gila River Reservation," the words "the Soboba Indian Reservation,". Approved December 17, 1970.

Public Law 91-558 AN ACT To amend the Small Business Act.

December 17, 1970 [S.4536]

Small B u s i n e s s Act, amendment.

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

of the

TITLE I—SMALL B U S I N E S S ADMINISTRATION Revolving funds. 80 Stat. 132; 81 Stat. 268. 15 USC 633.

S E C 101. Paragraph (4) of section 4(c) of the Small Business Act is amended— (1) by striking out "$1,900,000,000" and inserting in lieu thereof "$2,200,000,000"; (2) by striking out "$300,000,000" and inserting in lieu thereof "$5iOO,000,000";and (3) by striking out "$200,000,000" and inserting in lieu thereof "$300,000,000". TITLE II — AUTHORIZATION FOR P R E S I D E N T TO STABILIZE PRICES, RENTS, WAGES, AND SALARIES SEC. 201. Section 206 of the Economic Stabilization Act of 1970 (84 Stat. 799-800; Public Law 91-379) is amended by striking out "February 28, 1971," and inserting in lieu thereof "March 31, 1971,"; and by striking out "Marcli 1, 1971," and inserting in lieu thereof "April 1, 1971,". Approved December 17, 1970.

Public Law 91-559 December 19, 1970 [H. R. 1 5 7 7 0 ]

AN ACT To provide for c-onserving surface waters; to preserve and improve habitat for migratory waterfowl and other wildlife resources; to reduce runoff, soil and wind erosion, and contribute to flood control; and for other purposes.

Be it enacted by the Senate and House of Representatives of the Water Bank Act. United States of Ameiica in Congress assembled., That this Act may be cited as the "Water Bank Act". Water bank progjj(.^ ^^ ^ h e Cougress fiuds that it is in the public interest to pre'•^^'^' serve, restore, and improve the wetlands of the Nation, and thereby to

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 84 STAT. ]

PUBLIC LAW 91-559-DEC. 19, 1970

1459

conserve surface waters, to preserve and improve habitat for migratory waterfowl and other wildlife resources, to reduce runoff, soil and wind erosion, and contribute to flood control, to contribute to improved water (][uality and reduce stream sedimentation, to contribute to improved subsurface moisture, to reduce acres of new land coming into production and to retire lands now in agricultural production, to enhance the natural beauty of the landscape, and to promote comprehensive and total water management planning. The Secretary of Agriculture (hereinafter in this Act referred to as the "Secretary*') is authorized and directed to formulate and carry cut a continuous program to prevent the serious loss of wetlands, and to preserve, restore, and improve such lands, which program shall begin on July 1, iOTl. SEC. 3. In effectuating the water bank program authorized by this conservation Act, the Secretary shall have authority to enter into agreements with ^^'•«^™^"'^landowners and operators in important migratory waterfowl nesting and breeding areas for the conservation of water on specified farm, ranch, or other wetlands identified in a conservation plan developed in cooperation with the Soil and Water Conservation District in which the lands are located, under such rules and regulations as the Secretary may prescribe. These agreements shall be entered into for a period of ten years, with provision for renewal for additional periods of ten years each. The Secretary shall reexamine the payment rates at the beginning of any such ten-year renewal period in the light of the then current land and crop values and make needed adjustments in rates for any such renewal period. As used in this Act, the term "wetiands." "wetlands'' means the inland fresh areas (types 1 through 5) described in Circular 39, Wetlands of the United States, published by the United States Department of the Interior (including artificially developed inland fresh areas which meet the description of inland fresh areas, types 1 through 5, contained in such Circular 39). No agreement shall be entered into under this Act concerning land with respect to which the ownership or control has changed in the two-year period preceding the first year of the agreement period unless the new ownership was acquired by will or succession as a result of the death of the previous owner, or unless the new ownership was acquired prior to July 1, 1971, under other circumstances which the Secretary determines, and specifies by regulation, will give adequate assurance that such land was not acquired for the purpose of placing it in the program, except that this sentence shall not be construed to prohibit the continuation of an agreement by a new owner or operator after an agreement has once been entered into under this Act, A person who has operated the land to be covered by an agreement under this Act for as long as two years preceding the date of the agreement and who controls the land for the agreement period shall not be required to own the land as a condition of eligibility for entering into the agreement. Nothing in this section shall prevent an owner or operator from placing land in the program if the land was acquired by the owmer or operator to replace eligible land from which he was displaced because of its acquisition by any Federal, State, or other agency having the right of eminent domain.

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Page:United States Statutes at Large Volume 84 Part 2.djvu/140

 1470 Safeguards.

PUBLIC LAW 91-559-DEC. 19, 1970

[84

STAT.

Xlie Secretary shall provide adequate safeguards to protect the interests of tenants and sharecroppers, including provision for sharing, on a fair and equitable basis, in payments or compensation under this program. No provision of this Act shall prevent an owner or operator who is participating in the program under this Act from participating in other Federal or State programs designed to conserve or protect wetlands. Agreement SEC. 4. In the agreement between the Secretary and an owner or provisions. operator, the owner or operator shall agree— (1) to place in the program for the period of the agreement eligible wetland areas he designates, which areas may include wetlands covered by a Federal or State government easement which permits agricultural use, together with such adjacent areas as determined desirable by the Secretary; (2) not to drain, burn, fill, or otherwise destroy the wetland character of such areas, nor to use such areas for agricultural purposes, as determined by the Secretary; (3) to effectuate the wetland conservation and development plan for his land in accordance with the terms of the agreement, unless any requirement thereof is waived or modified by the Secretary pursuant to section 7 of this Act; (4) to forfeit all rights to further payments or grants under the agreement and refund to the United States all payments or grants received thereunder upon his violation of the agreement at any stage during the time he has control of the land subject to the agreement if the Secretary determines that such violation is of such a nature as to warrant termination of the agreement, or to make refunds or accept such payment adjustments as the Secretary may deem appropriate if he determines that the violation by the owner or operator does not warrant termination of the agreement; (5) upon transfer of his right and interest in the lands subject to the agreement during the agreement period, to forfeit all rights to further payments or grants under the agreement and refund to the United States all payments or grants received thereunder during the year of the transfer unless the transferee of any such land agrees with the Secretary to assume all obligations of the agreement; (6) not to adopt any practice specified by the Secretary in the agreement as a practice which would tend to defeat the purposes of the agreement; and (7) to such additional provisions as the Secretary determines are desirable and includes in the agreement to effectuate the purposes of the program or to facilitate its administration. Annual payments, g,EQ^ 5. Ju retuHi for the agreement of the owner or operator, the Secretary shall (1) make an annual payment to the owner or operator for the period of the agreement at such rate or rates as the Secretary determines to be fair and reasonable in consideration of the obligations undertaken by the owner or operator; and (2) bear such part of the average cost of establishing and maintaining conservation and development practices on the wetlands and adjacent areas for the purposes of this Act as the Secretary determines to be appropiiate. In making his determination, the Secretary shall consider, among other things,

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 84 STAT. ]

PUBLIC LAW 91-559-DEC. 19, 1970

1471

the rate of compeiisation necessary to encourage owners or operators of wetlands to participate in the water bank program. The rate or rates of annual payments as determined hereunder shall be increased, by an amount determined by the Secretary to be appropriate, in relation to the benefit to the general public of the use of the wetland areas, together with designated adjacent areas, if the owner or operator agrees to permit, without other compensation, access to such acreage by the general public, during the agreement period, for hunting, trapping, fishing, and hiking, subject to applicable State and Federal regulations. Agreement SEC. 6, Any agreement may be renewed or extended at the end of the r e n e w a l. agreement period for an additional period of ten years by mutual agreement of the Secretary and the owner or operator, subject to any rate redetermination by the Secretary. If during the agreement period the owner or operator sells or otherwise divests himself of the ownership or right of occupancy of such land, the new owner or operator may continue such agreement under the same terms or conditions, or enter into a new agreement in accordance with the jjro vis ions of this Act, including the provisions for renewal and adjustment of payment rates, or he may choose not to participate in such program. SEC. 7. The Secretary may terminate any agreement by mutual agree- Termination. ment with the owner or operator if the Secretary determines that such termination would be in the public interest, and may agree to such modification of agreements as he may determine to be desirable to carry out the purposes of the program or facilitate its administration. and SEC. 8. I n carrying out the program, the Secretary may utilize the f a Services utili2:acilities, services of local, county, and State committees established under sec- tion, tion 8 of the Soil Conservation and Domestic Allotment Act, as amended. The Secretary is authorized to utilize the facilities and serv- 49 Stat, 1149. ices of the Commodity Credit (Corporation in discharging his functions 16 USC 590h. and responsibilities under this program. SEC. 9. The Secretary may, without regard to the civil service laws, Advisory Board. appoint an Advisory Board to advise and consult on matters relating to his functions under this Act as he deems appropriate. The Board shall consist of persons chosen from members of organizations such as wildlife organizations, land-grant colleges, farm organizations. State game and fish departments, soil and water conservation district associations, water management organizations, and representatives of the general public. Members of such an Advisory Board who are not regular full-time employees of the United States shall be entitled to reimbursement on an actual expense basis for attendance at Advisory Board meetings. SEC. 10. The Secretary shall consult with the Secretary of the In- Program coorterior and take appropriate measures to insure that the program car- d i n a t i o n. ried out pursuant to this Act is in harmony with wetlands programs administered by the Secretary of the Interior. H e shall also, insofar as practicable, consult with and utilize the technical and related services of appropriate local, State, Federal, and private conservation agencies to assure coordination of the program with programs of such agencies and a solid technical foundation for the program. SEC. 11. There are hereby authorized to be appropriated without Appropriation. fiscal year limitation, such sums as may be necessary to carry out the program authorized by this Act. In carrying out the program, the Secretary shall not enter into agreements with owners and operators which would require payments to owners or operators in any calendar year under such agreements in excess of $10,000,000. SEC. 12. The Secretary shall prescribe such regulations as he deter- R e g u l a t i o n s. mines necessary and desirable to carry out the provisions of this Act. Approved December 19, 1970.

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 1472

PUBLIC LAVt 91-560-DEC. 19. 1970

[84

STAT.

Public Law 91-560 AN ACT December 19, 1970

[H. R. 18679]

Atomic Energy Act of 1954, amendments. 68 Stat. 927. 42 USC 2051.

Uranium, guarant e e d purchase price. 78 Stat. 605. 42 USC 2076. Intra. 68 Stat. 936. 42 USC 2132.

To amend the Atomic Energy Act of 1954, as amended, to eliminate the requirement for a finding of practical value, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United StMes of America in Congress assembled, That paragraph (4) of subsection 31 a. of the Atomic Energy Act of 1954, as amended, is amended to read as follows: "(4) utilization of special nuclear material, atomic energy, and radioactive material and processes entailed in the utilization or production of atomic energy or such material for all other purposes, including industrial or commercial uses, the generation of usable energy, and the demonstration of advances in the commercial or industrial application of atomic energy; and". SEC. 2. The second sentence of section 56 of the Atomic Energy Act of 1954, as amended, is amended to read as follows: "The Commission shall also establish for such periods of time as it may deem necessary, but not to exceed ten years as to any such period, guaranteed purchase prices for uranium enriched in the isotope 233 produced in a nuclear reactor by a person licensed under section 103 or section 104 and delivered to the Commission within the period of the guarantee." SEC. 3. Section 102 of the Atomic Energy Act of 1954, as amended, is amended to read as follows: " SEC. 102. UTILIZATION AND PRODUCTION FACILITIES FOR INDUSTRIAL OR C O M M E R C I A L P U R P O S E S. —

eommercial l i c e n s e s, conditions. 42 USC 2133.

42 USC 2153. 42 USC 2134. Supra.

"•a. Except as provided in subsections b. and c, or otherwise specifically authorized by law, any license hereafter issued for a utilization or production facility for industrial or commercial purposes shall be issued pursuant to section 103. "b. Any license hereafter issued for a utilization or production facility for industrial or commercial purposes, the construction or operation of which was licensed pursuant to subsection 104 b. prior to enactment into law of this subsection, shall be issued under subsection 104 b. "c. Any license for a utilization or production facility for industrial or commercial purposes constructed or operated under an arrangement with the Commission entered into under the Cooperative Power Keactor Demonstration Program shall, except as otherwise specifically required by applicable law, be issued under subsection 104 b." SEC. 4. The first sentence of subsection 103 a. of the Atomic Energy Act of 1954, as amended, is amended to read as follows: "The Commission is authorized to issue licenses to persons applying therefor to transfer or receive in interstate commerce, manufacture, produce, transfer, acquire, possess, use, import, or export under the terms of an agreement for cooperation arranged pursuant to section 123, utilization or production facilities for industrial or commercial purposes." SEC. 5. Subsection 104 b. of the Atomic Energy Act of 1954, as amended, is amended to read as follows: "b. As provided for in subsection 102 b. or 102 c, or where specifically authorized by law, the Commission is authorized to issue licenses under this subsection to persons applying therefor for utilization and production facilities for industrial and commercial purposes. I n issuing licenses under this subsection, the Commission shall impose the minimum amount of such regulations and terms of license as will permit the Commission to fulfill its obligations under this Act."

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PUBLIC LAW 91-560-DEC. 19, 1970

SEC. 6. Subsection 105 c. of the Atomic Energy Act of 1954, as amended, is amended to read as follows: "c. (1) The Commission shall promptly transmit to the Attorney General a copy of any license aj^plication provided for in paragraph (2) of this subsection, and a copy of any written request provided for in paragraph (3) of this subsection; and the Attorney General shall, within a reasonable time, but in no levent to exceed 180 days after receiving a copy of such application or written request, render such advice to the Commission as he determines to be appropriate in regard to the finding to be made by the Commission pursuant to paragraph (5) of this subsection. Such advice shall include an explanatory statement as to the reasons or basis therefor. "(2) Paragraph (1) of this subsection shall apply to an application for a license to construct or operate a utilization or production facility under section 103: Provided, however. That paragraph (1) shall not apply to an application for a license to operate a utilization or production facility for which a construction permit was issued under section 103 unless the Commission determines such review is advisable on the ground that significant changes in the licensee's activities or proposed activities have occurred subsequent to the previous review by the Attorney General and the Commission under this subsection in connection with the construction permit for the facility. "(3) With respect to any Commission permit for the construction of a utilization or production facility issued pursuant to subsection 104 b. prior to the enactment into law of this subsection, any person who intervened or who sought by timely written notice to the Commission to intervene in the construction permit proceeding for the facility to obtain a determination of antitrust considerations or to advance a jurisdictional basis for such determination shall have the right, upon a written request to the Commission, to obtain an antitrust review under this section of the application for an operating license. Such written request shall be made within 25 days after the date of initial Commission publication in the Federal Register of notice of the filing of an application for an operating license for the facility or the date of enactment into law of this subsection, whichever is later. "(4) Upon the request of the Attorney General, the Commission shall furnish or cause to be furnished such information as the Attorney General determines to be appropriate for the advice called for in paragraph (1) of this subsection. "(5) Promptly upon receipt of the Attorney General's advice, the Commission shall publish the advice in the Federal Register. Where the Attorney General advises that there m a j be adverse antitrust aspects and recommends that there be a hearing, the Attorney General or his designee may participate as a party in the proceedings thereafter held by the Commission on such licensing matter in connection with the subject matter of his advice. The Commission shall give due consideration to the advice received from the Attorney General and to such evidence as may be provided during the proceedings in connection with such subject matter, and shall make a finding as to whether the activities under the license would create or maintain a situation inconsistent with the antitrust laws as specified in subsection 105 a. . . . "(6) In the event the Commission's finding under paragraph (5) is in the ajffirmative, the Commission shall also consider, in determining whether the license should be issued or continued, such other factors, including the need for power in the aifected area, as the Commission in its judgment deems necessary to protect the public interest. On the basis of its findings, the Commission shall have the authority to

1473 tr^s'^'^r^vsiT''' 68 Stat. 938. ^ 2 USC 213s. ^

Ante, p. 1472.

construction ^^""^ '

Review. Publication in ^ "^ ^^'^ ^^

p^"'^a,''R^°" ^" ^ ^'^ ^^ ^ ^'^ Hearing.

^^ ^'^'' ^°^'

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Page:United States Statutes at Large Volume 84 Part 2.djvu/144

 1474

Exemptions.

68 Stat. 938; 78 Stat. 606. 42 USC 2135. Licensing, advance permits, conditions. Ante, p. 1472.

AEC, functions, delegation. 68 Stat. 950; 72 Stat. 337. 42 USC 2201. 42 USC 2071, 2077, 2091, 2138, 2153, 2165. contract authority. 78 Stat. 606. 42 USC 2201.

L i c e n s e, commercial power. 68 Stat. 954; 71 Stat. 579. 42 USC 2232.

Notice.

P u b l i c a t i o n in Federal Register.

Atomic safety and licensing boards. 76 Stat. 409. 42 USC 2241. 80 Stat. 386. 5 USC 556, 557.

PUBLIC LAW 91-560-DEC. 19, 1970

[84 STAT.

issue or continue a license as applied for, to refuse to issue a license, to rescind a license or amend it, and to issue a license with such conditions as it deems appropriate. "(7) The Commission, with the approval of the Attorney General, may except from any of the requirements of this subsection such classes or types of licenses as the Commission may determine would not significantly affect the applicant's activities under the antitrust laws as specified in subsection 105 a. "(8) With respect to any application for a construction permit on file at the time of enactment into law of this subsection, which permit would be for issuance under section 103, and with respect to any application for an operating license in connection with which a written request for an antitrust review is made as provided for in paragraph (3), the Commission, after consultation with the Attorney General, may, upon determination that such action is necessary in the public interest to avoid unnecessary delay, establish by rule or order periods for Commission notification and receipt of advice differing from those set forth above and may issue a construction permit or operating license in advance of consideration of and findings with respect to the matters covered in this subsection: Provided, That any construction permit or operating license so issued shall contain such conditions as the Commission deems appropriate to assure that any subsequent findings and orders of the Commission with respect to such matters will be given full force and effect." SEC. 7. Subsection 161 n. of the Atomic Energy Act of 1954, as amended, is amended to read as follows: "n. delegate to the General Manager or other officers of the Commission any of those functions assigned to it under this Act except those specified in section 51, 57 b., 61, 108, 123, 145 b. (with respect to the determination of those persons to whom the Commission may reveal Restricted Data in the national interest), 145 f., and 161 a.;" SEC. 8. The first proviso in subsection 161 v. of the Atomic Energy Act of 1954, as amended, is amended to read as follows: '"''Provided, That (i) prices for services under paragraph (A) of this subsection shall be established on a nondiscriminatory basis; (ii) prices for services under paragraph (B) of this subsection shall be no less than prices under paragraph (A) of this subsection; and (iii) any prices established under this subsection shall be on a basis of recovery of the Government's costs over a reasonable period of time:" SEC. 9, Subsection 182 c. of the Atomic Energy Act of 1954, as amended, is amended to read as follows: "c. The Commission shall not issue any license under section 103 for a utilization or production facility for the generation of commercial power until it has given notice in writing to such regulatory agency as may have jurisdiction over the rates and services incident to the proposed activity; until it has published notice of the application in such trade or news publications as the Commission deems appropriate to give reasonable notice to municipalities, private utilities, public bodies, and cooperatives which might have a potential interest in such utilization or production facility; and until it has published notice of such application once each week for four consecutive weeks in the Federal Register, and until four weeks after the last notice." SEC. 10. The first sentence of subsection 191 a. of the Atomic Energy Act of 1954, as amended, is amended to read as follows: "Notwithstanding the provisions of 7(a) and 8(a) of the Administrative Procedure Act, the Commission is authorized to establish one or more atomic safety and licensing boards, each comprised of three members, one of whom shall be qualified in the conduct of administrative pro-

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PUBLIC LAW 91-562-DEC. 19, 1970

1475

ceedings and two of whom shall have such technical or other qualifications as the Commission deems appropriate to the issues to be decided, to conduct such hearings as the Commission may direct and make such intermediate or final decisions as the Commission may authorize with respect to the granting, suspending, revoking or amending of any license or authorization under the provisions of this Act, any other provision of law, or any regulation of the Commission issued thereunder." Approved December 19, 1970.

Public Law 91-561 AN ACT For the relief of the State of Hawaii.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. Notwithstanding any prior judgment and notwithstanding the limitations of section 5 of the Suits in Admiralty Act (41 Stat. 525, 526; 46 U.S.C. 745) or any other statute of limitations, lapse of time, or bars of laches, jurisdiction is hereby conferred on the United States District Court for the District of Hawaii to hear, determine, and render judgment upon the claim of the State of Hawaii against the United States for damages to the State pier in Kewalo Basin, Honolulu, Hawaii, allegedly caused by the United States Bureau of Commercial Fisheries' vessel, the motor vessel Townsend Cromwell, on or about January 15, 1964. SEC. 2. The jurisdiction conferred by section 1 shall be withdrawn unless suit on the claim is instituted within one year after the date of enactment of this Act. Except as otherwise provided in this Act, the determination of such claim, and review thereof, and payment of any judgment thereon, shall be in accordance with the provisions of law applicable to cases over which the court has jurisdiction under the Act entitled "An Act for the extension of admiralty jurisdiction", approved June 19, 1948 (62 Stat. 496; 46 U.S.C. 740). SEC. 3. Nothing in this Act shall be construed as an inference or admission of liability on the part of the United States. Approved December 19, 1970.

December 19, 1970 [ H. R. 14684]

Hawaii. Relief.

64 Stat. 1112,.

Public Law 91-562 AN ACT To release the conditions in a deed with respect to a certain iwrtion of the land heretofore conveyed by the United States to the Salt Lake City Corporation.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That notwithstanding the provisions of the Surplus Property Act of 1944, as amended (50 U.S.C. 1622(h)), the terms and conditions in the instrument of transfer issued by the United States on November 15, 1961, to the Salt Lake City Corporation, providing for a reversion of title to the United States under specified circumstances, are hereby waived, for the limited purpose of permitting the repair and lighting of a large concrete " U " (an emblem of the University of Utah) situated on a tract of approximately 3.73 acres in section 33, township 1 north, range 1 east, Salt Lake meridian, Utah. Approved December 19, 1970.

47-348 O - 72 - in Pt 9\

December 19, 1970 [S.1366]

Salt Lake City Corporation. Title reversion, waiver. 62 Stat. 350. 50 USC app. 1622.

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Page:United States Statutes at Large Volume 84 Part 2.djvu/146

 1476

PUBLIC LAW 91-563-DEC. 19, 1970

[84 STAT.

Public Law 91-563 December 19, 1970

[H. R. 12979]

U.S. and D.C.

Tourne'ave. 80 Stat. 522. 82*stat*75^7^'

••Judicial proceeding.

80 Stat. 478.

^"p^^-

^ ^

ACT

•j.f) amend title 5, United States Code, to revise, clarify, and extend the provisions relating to court leave for employees of the United States and the District of Columbia. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) section ^^'^^2 of title 5, United States Code, is amended to read: «g ^322. Lcavc for jury or witness service; official duty status for certain witness service ' ('^^ "^^^ employee as defined by section 2105 of this title (except an individual whose pay is disbursed by the Secretary of the Senate or the Clerk of the House of Representatives) or an individual employed by the government of the District of Columbia is entitled to leave, without loss of, or reduction in, pay, leave to which he otherwise is entitled, credit for time or service, or performance of efficiency rating, during a period of absence with respect to which he is summoned, in connection with a judicial proceeding, by a court or authority responsible for the conduct of that proceeding, to serve— "(1) as a juror; or "(2) as a witness on behalf of a party other than the United States, the District of Columbia, or a private party; in the District of Columbia, a State, territory, or possession of the United States including the Commonwealth of Puerto Rico, the Canal 2!one, or the Trust Territory of the Pacific Islands. For the purpose of ^j^^^ subsection, 'judicial proceeding' means any action, suit, or other judicial proceeding, including any condemnation, preliminary, informational, or other proceeding of a judicial nature, but does not include an administrative proceeding. " (b) An employee as defined by section 2105 of this title (except an individual whose pay is disbursed by the Secretary of the Senate or the Clerk of the House of Representatives) or an individual employed by the government of the District of Columbia is performing official duty during the period with respect to which he is summoned, or assigned by his agency, to— "(1) testify or produce official records on belialf of the United States or the District of Columbia; or "(2) testify in his official capacity or produce official records on behalf of a party other than the United States or the District of Columbia. "(c) The Civil Service Commission may prescribe regulations for the administration of this section." (b) Item 6322 in the analysis of chapter 63 of title 5, United States Code, is amended to read: "6322. Leave for jury or witness service; official duty status for certain witness service.". gj,,.. 2. (a) Section 5515 of title 5, United States Code, is amended to read: "§5515. Crediting amounts received for jury or witness service "An amount received by an employee as defined by section 2105 of this title (except an individual whose pay is disbursed by the Secretary of the Senate or the Clerk of the House of Representatives) or an individual employed by the government of the District of Columbia for service as a juror or witness during a period for which he is entitled to leave under section 6322(a) of this title, or is performing official duty under section 6322(b) of this title, shall be credited against pay

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