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Page:United States Statutes at Large Volume 92 Part 1.djvu/442

 92 STAT. 388

Notice.

Regulations. Publication in Federal Register.

.8£0£.i-HiJ ci Notice. Publication in Federal Register. Report to congressional committees.

iXn>S DftiJ

PUBLIC LAW 95-319—JULY 11, 1978 "(2)(A) Until there is in effect such a final consumer product safety standard, the Commission shall incorporate into the interim consumer product safety standard, in accordance with the provisions of this paragraph, each revision superseding the requirements for flame resistance and corrosiveness referred to in subsection (a) and promulgated by the General Services Administration. "(B) At least 45 days before any revision superseding such requirements is to become effective, the Administrator of the General Services Administration shall notify the Commission of such revision. In the case of any such revision which becomes effective during the period beginning on February 1, 1978, and ending on the effective date of this section, such notice from the Administrator of the General Services Administration shall be deemed to have been made on the effective date of this section. "(C)(i) No later than 45 days after receiving any notice under subparagraph (B), the Commission shall publish the revision, including such changes in the revision as it considers appropriate to make the revision suitable for promulgation as an amendment to the interim consumer product safety standard, in the Federal Kegister as a proposed amendment to the interim consumer product safety standard. "(ii) The Commission may extend the 45-day period specified in clause (i) for an additional period of not more than 150 days if the Commission determines that such extension is necessary to study the technical and scientific basis for the revision involved, or to study the safety and economic consequences of such revision. "(D)(i) Additional extensions of the 45-day period specified in subparagraph (C)(i) may be taken by the Commission if— " (I) the Commission makes the determination required in subparagraph (C) (ii) with respect to each such extension; and " ( II) in the case of further extensions proposed by the Commission after an initial extension under this clause, such further extensions have not been disapproved under clause (iv). "(ii) Any extension made by the Commission under this subparagraph shall be for a period of not more than 45 days. " (iii) Prior notice of each extension made by the Commission under this subparagraph, together with a statement of the reasons for such extension and an estimate of the length of time required by the Commission to complete its action upon the revision involved, shall be published in the Federal Register and shall be submitted to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Interstate and Foreign Commerce of the House of Representatives. "(iv) In any case in which the Commission takes an initial 45-day extension under clause (i), the Commission may not take any further extensions under clause (i) if each committee referred to in clause (iii) disapproves by committee resolution any such further extensions before the end of the 15-day period following notice of such initial extension made by the Commission in accordance with clause (iii). " (E) The Commission shall give interested persons an opportunity to comment upon any proposed amendment to the interim consumer product safety standard during the 30-day period following any publication by the Commission under subparagraph (C).

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Page:United States Statutes at Large Volume 92 Part 1.djvu/443

 PUBLIC LAW 95-319—JULY 11, 1978 " (F) No later than 90 days after the end of the period specified in subparagraph (E), the Commission shall promulgate the amendment to the interim consumer product safety standard unless the Commission determines, after consultation with the Secretary of Energy, that— " (i) such amendment is not necessary for the protection of consumers from the unreasonable risk of injury associated with fiam; mable or corrosive cellulose insulation; or "(ii) implementation of such amendment will create an undue burden upon persons who are subject to the interim consumer product safety standard. "(G) The provisions of section 11 shall not apply to any judicial review of any amendment to the interim product safety standard promulgated under this paragraph. "(d) Any Federal department, agency, or instrumentality, or any Federal independent regulatory agency, which obtains information which reasonably indicates that cellulose insulation is being manufactured or distributed in violation of this Act shall immediately inform the Commission of such information. "(e)(1) The Commission, no later than 45 days after the effective date of this section, shall submit a report to the Committee on Commerce, Science, and Transportation of the Senate and to the Committee on Interstate and Foreign Commerce of the House of Representatives which shall contain a detailed statement of the manner in which the Commission intends to carry out the enforcement of this section. "(2)(A) The Commission, no later than 6 months after the date upon which the report required in paragraph (1) is due (and no later than the end of each 6-month period thereafter), shall submit a report to each committee referred to in paragraph (1) which shall describe the enforcement activities of the Commission with respect to this section during the most recent 6-month period. "(B) The first report which the Commission submits under subparagraph (A) shall include the results of tests of cellulose insulation manufactured by at least 25 manufacturers which the Commission shall conduct to determine whether such cellulose insulation complies with the interim consumer product safety standard. The second such report shall include the results of such tests with respect to 50 manufacturers who were not included in testing conducted by the Commission for inclusion in the first report. "(f)(1) The Commission shall have the authority to require that any person required to comply with the certification requirements of section 14 with respect to the manufacture of cellulose insulation shall provide for the performance of any test or testing program required for such certification through the use of an independent third party qualified to perform such test or testing program. The Commission may impose such requirement whether or not the Commission has established a testing program for cellulose insulation under section 14(b).

92 STAT. 389

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15 USC 2060.

Report to congressional committees,

15 USC 2063.

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


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Page:United States Statutes at Large Volume 92 Part 1.djvu/444

 PUBLIC LAW 95-319—JULY 11, 1978

92 STAT. 390

15 USC 2063. Rules. Appropriation authorization.

"(2) The Commission, upon petition by a manufacturer, may waive the requirements of paragraph (1) with respect to such manufacturer if the Commission determines that the use of an independent third party is not necessary in order for such manufacturer to comply with the certification requirements of section 14. "(3) The Commission may prescribe such rules as it considers necessary to carry out the provisions of this subsection. " (s) There are authorized to be appropriated, for each of the fiscal years 1978, 1979, 1980, and 1981, such sums as may be. necessary to carry out the provisions of this section.". (b) Section 19(a) of the Consumer Product Safety Act (15 U.S.C. 2068 (a)) is amended— (1) in paragraph (8) thereof, by striking out "or"; (2) in paragraph (9) thereof, by striking out the period and inserting in lieu thereof "; or"; and (3) by adding at the end thereof the following new paragraph: " (10) fail to comply with any rule or requirement under section 35 (relating to labeling and testing of cellulose insulation).". Approved July 11, 1978.

.lji:i'•(.}..,' •i-taJ

10S 3f^U 5 J

LEGISLATIVE HISTORY: HOUSE REPORTS: No. 95-1116 accompanying H.R. 11998 (Coram, on Interstate and Foreign Comraerce) and No. 95-1322 (Comm. of Conference). CONGRESSIONAL RECORD, Vol. 124 (1978): Jan. 23, considered and passed Senate. May 16, considered and passed House, amended, in lieu of H.R. 11998. June 29, House and Senate agreed to conference report.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/445

 PUBLIC LAW 95-320—JULY 21, 1978

92 STAT. 391

Public Law 95-320 95th Congress An Act To amend the Accounting and Auditing Act of 1950 to provide for the audit, by the Comptroller General of the United States, of the Federal Reserve System, the Federal Deposit Insurance Corporation, and the Oflace of the Comptroller of the Currency, and for other purposes.

July 21, 1978 [H.R. 2176]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may- Federal Banking Agency Audit be cited as the "Federal Banking Agency Audit Act". SEC. 2. Section 117 of the Accounting and Auditing Act of 1950 is Act. amended by adding at the end thereof the following new subsection: 31 USC 65 note. "(e)(1) The Comptroller General of the United States shall make, 31 USC 67. under such rules and regulations as he may prescribe, audits— "(A) of the Federal Reserve Board, all Federal Reserve Banks, and their branches and facilities; "(B) of the Federal Deposit Insurance Corporation; and "(C) of the Office of the Comptroller of the Currency. "(2) For purposes of this subsection, the term 'agency' means the 'Agency." agencies, banks, facilities, and corporation, listed in clauses (A), (B), and (C) of paragraph (1). "(3) An audit made under paragraph (1)(A) shall not include— "(A) transactions conducted on behalf of or with foreign central banks, foreign governments, and nonprivate international financing organizations; "(B) deliberations, decisions, and actions on monetary policy matters, including discount window operations, reserves of member banks, securities credit, interest on deposits, and open market operations; "(C) transactions made under the direction of the Federal Open Market Committee including transactions of the Federal Reserve System Open Market Account; and "(D) those portions of oral, written, telegraphic, or telephonic discussions and communications among or between Members of the Board of Governors, and officers and employees of the Federal Reserve System which deal with topics listed in subparagraphs (A), (B), and (C) of this paragraph. "(4) The General Accounting Office (hereinafter in this subsection Onsite referred to as the Office) shall not conduct onsite examinations of examinations by open insured banks or bank holding companies without the written GAO, restriction. consent of the agency concerned. "(5)(A) Except as otherwise provided in this paragraph, no officer Nondisclosure, or employee of the Office shall disclose to any person, nor shall the conditions. Office disclose in its report or otherwise outside of the Office, any information in a form which would (i) identify a specific customer of an open or closed bank or bank holding company, or (ii) identify a specific open bank or open bank holding company.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/446

 92 STAT. 392 Disclosure, conditions.

'i.H\

.•ma gf! 0 .Vd.1Reports to Congress.

'•YitisgA'

Accessibility to records.

PUBLIC LAW 95-320—JULY 21, 1978 "(B) The Office may disclose information in a form which would identify a customer of a closed bank or closed bank holding company only if that customer, in the opinion of the Comptroller General, had a controlling influence in the management of such closed bank or closed bank holding company or was related to or affiliated with such a controlling person or group, and then only to the extent that such disclosures relate to the affairs of such closed bank or closed bank holding company. "(C) Subparagraph (A) shall not be deemed to prohibit the Office or its employees from discussing specific customers, banks, or bank holding companies with officials of any of the agencies or from reporting apparent criminal law violations to appropriate State or Federal law enforcement agencies. "(D) Nothing in this subsection shall authorize the withholding of information by any officer or employee of an agency from a duly authorized committee or subcommittee of the Congress. "(6)(A) The Comptroller General shall, as frequently as may be practicable, make reports to the Congress on the results of audit work performed under this subsection. "(B) An advance draft of such Office audit report shall be made available to the agency concerned (other than banks, branches, and facilities) for thirty days for agency comment on the contents thereof. The final report shall include, as an addendum, any written comments submitted by the agency within such period. "(7)(A) For the purposes of, and to the extent necessary in making audits required by paragraph (1), representatives of the Office shall have access to all books, accounts, records, reports, files, memorandums, papers, things, and property belonging to or in use by the entities being audited, including statistically meaningful samples, determined by the Office, of reports of examination of banks or bank holding companies, from whatever source, together with workpapers and correspondence relating to such reports whether or not a part of the reports; and all without deletions. "(B) The Comptroller General shall have the authority to authorize Office personnel to conduct such audits and to have access to agency materials described in subparagraph (A) and shall provide the agencies with an up-to-date listing of such personnel, who upon proper identification shall be granted access to such agency materials and shall be permitted to make whatever notes or copies they deem necessary to proper conduct of the audit. "(C) The agencies shall provide such Office personnel with suitable, lockable office space and furniture, telephone, and access to copying facilities. "(D) All Office workpapers, and agency materials described in subparagraph (A) which come into possession of the Office during an audit, shall remain on the agencys premises, except for temporary removal of Office workpapers which do not identify a specific customer, bank, or bank holding company as provided in paragraph (5)(A). Such agency materials shall be strictly maintained in order to prevent any unauthorized access.".

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Page:United States Statutes at Large Volume 92 Part 1.djvu/447

 PUBLIC LAW 95-320—JULY 21, 1978

92 STAT. 393

SEC. 3. Section 1906 of title 18, United States Code, is amended to read as follows: "§ 1906. Disclosure of information from a bank examination report "Whoever, being an examiner, public or private, or a General Accounting Office employee with access to bank examination report information under section 117(e) of the Accounting and Auditing Act of 1950, discloses the names of borrowers or the collateral for 31 USC 67. loans of any member bank of the Federal Keserve System, or bank insured by the Federal Deposit Insurance Corporation examined by him or subject to General Accounting Office audit under section 117(e) of the Accounting and Auditing Act of 1950 to other than the proper officers of such bank, without first having obtained the express per....,, mission in writing from the Comptroller of the Currency as to a ?•;,,national bank, the Board of Governors of the Federal Reserve System as to a State member bank, or the Federal Deposit Insurance Corporation as to any other insured bank, or from the board of directors of ..••'''such bank, except when ordered to do so by a court of competent jurisdiction, or by direction of the Congress of the United States, or either House thereof, or any committee of Congress or either House duly authorized or as authorized by section 117(e) of the Accounting and Auditing Act of 1950 shall be fined not more than $5,000 or imprisoned not more than one year.or both.". Approved July 21, 1978.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-492 (Coram, on Government Operations). SENATE REPORT No. 95-723 (Coram, on Governraental Affairs). CONGRESSIONAL RECORD: Vol. 123 (1977): Sept. 14, Oct. 14, considered and passed House. Vol. 124 (1978): May 10, considered and passed Senate, amended. June 29, House concurred in Senate amendraents.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/448

 92 STAT. 394

PUBLIC LAW 95-321—JULY 21, 1978

Public Law 95-321 95th Congress An Act July 21, 1978 [H.R. 9757]

Public lands grazing fee, moratorium. 43 USC 1751 note. 43 USC 1751. 43 USC 1702.

To impose a moratorium on any increase in the public lands grazing fee for the 1978 grazing year, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, to allow the Congress sufficient time to analyze the report and recommendations of the Secretaries of the Interior and Agriculture submitted pursuant to section 401(a) of the Federal Land Policy and Management Act (90 Stat. 2743, 2772) and take such action as may be appropriate, the fee for the 1978 grazing year shall not be raised by the Secretary of the Interior for the grazing of livestock on public lands as defined in section 103(e) of that Act (90 Stat. 2746) and by the Secretary of Agriculture for the grazing of livestock on lands under the jurisdiction of the Forest Service. Approved July 21, 1978.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-859 (Comm. on Interior and Insular Affairs). SENATE REPORT No. 95-761 (Comm. on Energy and Natural Resources). CONGRESSIONAL RECORD, Vol. 124 (1978): Feb. 24, considered and passed House. May 19, considered and passed Senate, amended. June 16, House concurred in Senate amendments with amendment. June 16, House concurred in Senate amendments with an amendment. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 14, No. 29: July 21, Presidential statement.

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Page:Marriagewithade00forbgoog.djvu/14

 sister, who was the sister spoken of in the main clause of the sentence, and had been spoken of in a clause just preceding, as of the second sister who is spoken of subordinately in the last only. In this case, according to a well-known idiom, 'I will praise my God so long as I live' the words would be the most emphatic prohibition ever to take her."

But turning from the consideration of verse 18, we come now to the consideration of that which may well be considered the key of the whole position, and that on which I would desire to build my proposition, that marriage with a deceased wife's sister is contrary to the Law of God, namely, the full meaning of Lev. xviii. 6: "None of you shall, approach to any that is near of kin to him, to uncover his nakedness: I am the Lord"; or giving the first part of this verse literally according to Bishop Wordsworth, it would read: "Man, man, you shall not approach to any flesh of his flesh". And continuing Dr. Pusey's remarks from where I left off just above, he goes on to say: "I do not rest the argument upon this, for I believe that the real and sufficient ground which makes these marriages illegal is, that they are directly prohibited by God's Law, Lev. xviii. 6, in its natural sense, in the only sense in which it is in harmony with the rest of the chapter: that moreover, the Apostles in the decree of Jerusalem rejected them; and that having been rejected by them then, the Church has ever since rejected them, as contrary to the Law of God. But at least it cannot be said, that the weight of authority which has been of late produced against the interpretation which would make Lev. xviii. 18 a prohibition of polygamy generally, lies against this natural construction of the words." And, p. 32, he says: "Christians should be careful how, in the face of an emphatic prohibition, they justify themselves in contravening the obvious meaning of that prohibition, by aid of a (if so it seem to them) plausible inference from a limited prohibition, and that whole prohibition done away in Christ. The principle in common to both cases is this, that a positive prohibition of God once given, is not evacuated by a restricted prohibition on a kindred subject." I have now to show that the marriages of those near of kin were forbidden to Gentiles as well as to Jews, that is, that the

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Page:United States Statutes at Large Volume 92 Part 1.djvu/449

 PUBLIC LAW 95-322—JULY 21, 1978

92 STAT. 395

Public Law 95-322 95th Congress An Act To authorize appropriations to carry out the Standard Reference Data Act, and to authorize appropriations for the National Bureau of Standards.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That there are authorized to be appropriated to the Department of Commerce not to exceed $3,575,000 for the fiscal year ending September 30, 1979, not to exceed $4,375,000 for the fiscal year ending September 30, 1980, and not to exceed $5,250,000 for the fiscal year ending September 30, 1981, to carry out the purposes of the Standard Reference Data Act (15 U.S.C. 290-290f). Sec. 2. The Act entitled "An Act to establish the National Bureau of Standards", approved March 3, 1901 (15 U.S.C. 270 et seq.) is amended as follows: (a) Section 12(a) of such Act (15 U.S.C. 278b(a)) is amended by striking out ", and additional amounts as from time to time may be required for the purposes of said fund are hereby authorized to be appropriated". (b) Section 18 of such Act (15 U.S.C. 278h) is amended by (1) designating the existing paragraph as " (a) "; and (2) adding immediately thereafter the following: "(b) There are authorized to be appropriated to carry out the provisions of this Act (including the Working Capital Fund referred to in section 12(a)), except section 16, such sums as may be necessary for each of the fiscal years 1979 and 1980.". Approved July 21, 1978.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-977 (Comm. on Science and Technology). SENATE REPORT No. 95-786 (Comm. on eommerce, Science, and Transportation). CONGRESSIONAL RECORD, Vol. 124 (1978): Apr. 4, considered and passed House. May 15, considered and passed Senate, amended. June 28, House concurred in Senate amendments with amendments. July 10, Senate concurred in House amendments.

-pt. 1

29: QL3

July 21, 1978 [H.R. 112321

Standard Reference Data Act, appropriation authorization.

National Bureau of Standards. Appropriation authorization. 15 USC 271 et seq.

15 USC 278f.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/450

 92 STAT. 396

PUBLIC LAW 95-323—JULY 28, 1978

Public Law 95-323 95th Congress An Act July 28, 1978 [H.R. 3489]

Merchant Marine Academy, appointments.

To amend section 216(b) of the Merchant Marine Act, 1936, to entitle the Delegates in Congress from the District of Columbia, Guam, and the Virgin Islands to make nominations for appointments to the Merchant Marine Academy, and for other purposes.

Be it enacted by the Senate omd House of Representatives of the United States vf America in Congress assembled, That section 216(b) of the Merchant Marine Act, 1936 (70 Stat. 25; 46 U.S.C. 1126(b)), is amended as follows: (1) The second sentence of paragraph (1) is amended by striking out ", Guam, American Samoa, and the Virgin Islands, and the Commissioners of the District of Columbia." and inserting in lieu thereof "and American Samoa.". (2) The third sentence of pargraph (1) is amended by striking out "one vacancy each shall be allocated each year to Guam, American Samoa, and the Virgin Islands, to be filled by qualified candidates nominated by the Governors of Guam, American Samoa, and the Virgin Islands, and four vacancies shall be allocated each year to the District of Columbia, to be filled by qualified candidates nominated by the Commissioners thereof" and inserting in lieu thereof "one vacancy each shall be allocated each year to Guam, American Samoa, and the Virgin Islands, and four vacancies shall be allocated each year to the District of Columbia^'. (3) Paragraph (5)(a) is amended by striking out "Alaska and Hawaii" and inserting in lieu thereof "the District of Columbia, Guam, and the Virgin Islands,". (4) Paragraph (5)(b) is amended by striking out "the Territories of Alaska and Hawaii,". Approved July 28, 1978.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-1012 (Comm. on Merchant Marine and Fisheries). SENATE REPORT No. 95-971 (Comm. on Commerce, Science, and Transportation). CONGRESSIONAL RECORD, Vol. 124 (1978): Apr. 17, considered and passed House. July 14, considered and passed Senate.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/451

 PUBLIC LAW 95-324—JULY 28, 1978

92 STAT. 397

Public Law 95-324 95th Congress An Act To designate the Federal building and United States courthouse in Hato Rey, Puerto Rico, the "Federico Degetau Federal Building".

Be it enacted by the Senate cmd House of Representatives of the United States of America in Congress assembled, That the Federal building and United States courthouse located on Carlos Chardon Street, Hato Rey, Puerto Rico, is hereby designated as the "Federico Degetau Federal Building". Any reference in a law, map, regulation, document, record, or other paper of the United States to such building shall be held to be a reference to the "Federico Degetau Federal Building". Approved July 28, 1978.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-1208 (Comm. on Public Works and Transportation). SENATE REPORT No. 95-979 (Comm. on Environment and Public Works). CONGRESSIONAL RECORD, Vol. 124 (1978): June 5, considered and passed House. July 14, considered and passed Senate.

July 28, 1978 [H.R. 4270]

Federico Degetau Federal Building. Designation.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/452

 92 STAT. 398

PUBLIC LAW 95-325—JULY 28, 1978

Public Law 95-325 95th Congress July 28, 1978 [H.J. Res. 613]

National Grandparents Day. Designation authorization.

, Joint Resolution

To authorize and request the President to issue a proclamation designating the first Sunday of September after Labor Day in 1978 as "National Grandparents Day".

Resohed by the Senate and House of Representatives of the United States of America in Congress assembled, That the President is authorized and requested to issue a proclamation designating the first Sunday of September after Labor Day in 1978 as "National Grandparents Day", and calling upon the people of the United States and interested groups and organizations to observe such day with appropriate ceremonies and activities. Approved July 28, 1978.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-1327 (Comm. on Post Office and Civil Service). SENATE REPORT No. 95-137 accompanying S.J. Res. 24 (Comm. on the Judiciary). CONGRESSIONAL RECORD: Vol. 123 (1977): May 16, S.J. Res. 24, considered and passed Senate. Vol. 124 (1978): July 10, considered and passed House. July 14, considered and passed Senate.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/453

 PUBLIC LAW 95-326—JULY 28, 1978

92 STAT. 399

Public Law 95-326 95th Congress An Act To amend the North Pacific Fisheries Act of 1954.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the North Pacific Fisheries Act of 1954 (16 U.S.C. 1021 et seq.) is amended as follows: (1) Section 2 is amended— (A) by amending subsection (a) to read as follows: " (a) 'Convention' means the International Convention for the High Seas Fisheries of the North Pacific Ocean with a protocol and annex relating thereto signed at Tokyo, May 9, 1952, as amended by the Protocol Amending the International Convention for the High Seas Fisheries of the North Pacific Ocean, signed at Tokyo, April 25, 1978."; and (B) by striking out subsection (e) and inserting in lieu thereof the following: "(e) 'Fishery conservation zone' means the fishery conservation zone of the United States established by section 101 of the Fishery Conservation and Management Act of 1976 (16 U.S.C. 1801 et seq.). "(f) 'Fishing vessel' means— "(1) any vessel engaged in catching fish within the Convention area or in processing or transporting fish loaded in the Convention area; "(2) any vessel outfitted to engage in any activity described in paragraph (1); or "(3) any vessel in normal support of any vessel described in paragraph (1) or (2). "(g) 'Permit' means a permit issued by the Secretary of State in cooperation with the Secretary under section 13 of this Act. "(h) 'Secretary' means the Secretary of Commerce.". (2)(A) Section 3(a) is amended to read as follows: "SEC. 3. (a) The United States shall be represented on the Commission by not more than four United States Commissioners to be appointed by the President and serve at his pleasure. Each United States Commissioner shall be appointed for a term of office of not to exceed four years, but is eligible for reappointment. Any United States Commissioner may be appointed for a term of less than four years if such appointment is necessary to insure that the terms of office of not more than one Commissioner will expire in any one year. Of the Commissioners, who shall receive no compensation for their services as Commissioners— "' (1) one shall be an official of the United States Government; " (2) two shall be residents of the State of Alaska; and " (3) one shall be a resident of the State of Washington. An individual is not eligible for appointment under paragraph (2) or (3) as a Commissioner unless the individual is knowledgeable or experienced concerning the fisheries covered by the Convention.". (B) The amendment made by paragraph (A) shall take effect on the sixtieth day after the date of the enactment of this Act.

July 28, 1978 [H.R. 12637] North Pacific Fisheries Act of 1954, amendment. Definitions. 16 USC 1021.

Post, p. 404. 16 USC 1022.

Effective date. 16 USC 1022 note.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/454

 92 STAT. 400 16 USC 1023.

PUBLIC LAW 95-326—JULY 28, 1978

(3) Section 4 is amended— (A) by amending subsection (a) to read as follows: "SEC. 4. (a) The United States Section shall appoint an advisory committee of not less than six and not more than twenty-one members and shall fix the terms of office thereof. The members shall be appointed from among— "(1) individuals who are knowledgeable or experienced with respect to the fisheries covered by the Convention; and "(2) officers and employees of the fishery agencies of States the residents of which maintain a substantial fishery in the Convention area; except that two-thirds of the membership of the committee shall consist of individuals, appointed under paragraphs (1) and (2), who are residents of Alaska."; and (B) by amending the second sentence of subsection (d) to read as follows: "On approval by the United States Section, not more than five members of the committee, designated by the committee, shall be paid for transportation expenses and per diem incident to attendance at meetings of the Commission or the United States Section; except that in the case in which— "(1) one member is so designated, such member shall be from among the members representing Alaska; "(2) two or three members are so designated, two members shall be from among those representing Alaska; and "(3) four or five members are so designated, three members shall be from among those representing Alaska.". 16 USC 1025. (4) Section 6 is amended to read as follows: "SEC. 6. The Secretary of State, with the concurrence of the Secretary, may accept or reject, on behalf of the United States, recommendations made by the Commission in accordance with article III, section 1 of the Convention.". 16 USC 1025a. (5) Section 7 is amended to read as follows: "SEC. 7. (a) The Secretary shall administer and, except to the extent otherwise provided for in this Act, enforce the provisions of the Convention, this Act, and regulations issued under this Act. Regulations. "(b) In carrying out such functions, the Secretary— "(1) shall, m consultation with the Secretary of the department in which the Coast Guard is operating and the United States Section, adopt such regulations as may be necessary to carry out the purposes and objectives of the Convention and this Act; and "(2) may, with the concurrence of the Secretary of State, cooperate with the duly authorized officials of the government of any party to the Convention. "(c) The Secretary may adopt regulations which apply only to stocks of fish in the Convention area north of the parallel of north latitude of 48 degrees and 30 minutes, but such regulations shall not apply in the Convention area south of the 49th parallel of north latitude with respect to sockeye salmon (Oncorhynchus nerka) or pink salmon (Oncorhynchus gorbuscha).". Enforcement. (6) Section 9 is amended to read as follows: 16 USC 1027. "SEC. 9. (a) This Act shall be enforced by the Secretary and the Secretary of the department in which the Coast Guard is operating. Such Secretaries may by agreement utilize, on a reimbursable basis or otherwise, the personnel, services, equipment (including aircraft and vessels), and facilities of any other Federal agency, including all

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Page:United States Statutes at Large Volume 92 Part 1.djvu/455

 PUBLIC LAW 95-326—JULY 28, 1978

92 STAT. 401

elements of the Department of Defense, and of any State agency, in the performance of such duties. Such Secretaries shall, and the head of any Federal or State agency which has entered into an agreement with either such Secretary under the preceding sentence may (if the agreement so provides), authorize officers (hereinafter in this Act referred to as 'enforcement officers') to enforce the provisions of the Convention, this Act, and regulations adopted and permits issued under this Act: Provided, That any such agreement or contract entered into pursuant to this section shall be effective only to such extent or in such amounts as are provided in advance in appropriation Acts. "(b) Enforcement officers may, within the fishery conservation zone— "(1) with or without a warrant or other process— "(A) arrest any person, if he has reasonable cause to believe that such person has committed an act prohibited by section 10; Post, p. 402. "(B) board, and search or inspect, any fishing vessel which is subject to the provisions of the Convention and this Act; "(C) seize any fishing vessel (together with its fishing gear, furniture, appurtenances, stores, and cargo) used or employed in, or with respect to which it reasonably appears that such vessel was used or employed in, the violation of any provision of the Convention, this Act, or any regulation adopted or permit issued under this Act; "(D) seize any fish (wherever found) taken or retained in violation of any provision referred to in subparagraph (C);and " (E) seize any other evidence related to any violation of any provision referred to in subparagraph (C); "(2) execute any warrant or other process issued by any court of competent jurisdiction; and "(3) exercise any other lawful authority. "(c) The district courts of the United States shall have exclusive Jurisdiction, jurisdiction over any case or controversy arising under the provisions this Act. "(d)(1) Enforcement officers may in the Convention area outside the fishery conservation zone and similar zones of Canada and Japan— "(A) board any fishing vessel of Canada or Japan fishing for or processing*anadramous species and, without warrant or process, inspect equipment, logs, documents, catch, and other articles, and question persons, on board the vessel for the purpose of carrying out the provisions of the Convention, this Act, or any regulation adopted or permit issued under this Act; and "(B) if any such vessel or person on board is actually engaged in operations in violation of any such provision, or there is reasonable ground to believe any person or vessel was obviously so engaged before the boarding of such vessel by the enforcement officer, detain such vessel or person and further investigate the circumstances if necessary. If an enforcement officer, after boarding and investigation, has reasonable cause to believe that any such fishing vessel or person engaged in operations in violation of any provision referred to in subparagraph (A), the officer shall further detain the vessel or person and deliver the vessel or person as promptly as practicable to the authorized officials of the appropriate nation.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/456

 92 STAT. 402

Unlawful activities.

16 USC 1029.

Penalties. 16 USC 1030. Notice. Hearing. Supra.

PUBLIC LAW 95-326—JULY 28, 1978 "(2) When requested by the appropriate authorities of Canada or Japan, as the case may be, an enforcement officer may be directed to attend as a witness, and to produce such available records and files or duly certified copies thereof as may be necessary, for the prosecution in Canada or Japan of any violation of the provisions of the Convention or any Canadian or Japanese law relating to the enforcement thereof, (7) Section 10 is amended to read as follows: "SEC. 10. It is unlawful for any person subject to the jurisdiction of the United States— "(1) to violate any provision of the Convention, this Act, or any regulation adopted or permit issued under this Act; "(2) to refuse to permit any enforcement officer to board a fishing vessel subject to such person's control for purposes of conducting any search or inspection in connection with the enforcement of the Convention, this Act, or any regulation or permit referred to in paragraph (1); "(3) to forcibly assault, resist, oppose, impede, intimidate, or interfere with any enforcement officer in the conduct of any search or inspection described in paragraph (2); " (4) to resist a lawful arrest or detention for any act prohibited by this section; "(5) to ship, transport, offer for sale, sell, purchase, import, export, or have custody, control, or possession of, any fish taken or retained in violation of the Convention or this Act or any regulation adopted or permit issued under this Act; "(6) to interfere with, delay, or prevent, by any means, the apprehension, arrest, or detention of another person, knowing that such person has committed any act prohibited by this section.". (8) Section 11 is amended to read as follows: "SEC. 11. (a)(1) Any person who is found by the Secretary, after notice and opportunity for a hearing in accordance with section 554 of title 5, United States Code, to have committed an act prohibited by section 10 shall be liable to the United States for a civil penalty. The amount of the civil penalty shall not exceed $25,000 for each violation. Each day of a continuing violation shall constitute a separate offense. The amount of such civil penalty shall be assessed by the Secretary, or his designee, by written notice. In determining the amount of such penalty, the Secretary shall take into account the nature, circumstances, extent, and gravity of the prohibited acts committed and, with respect to the violation, the degree of culpability, any history of prior offenses, ability to pay, and such other matters as justice may require. "(2) Any person against whom a civil penalty is assessed under paragraph (1) may obtain review thereof in the appropriate court of the United States by filing a notice of appeal in such court within thirty days from the date of such order and by simultaneously sending a copy of such notice by certified mail to the Secretary. The Secretary shall promptly file in such court a certified copy of the record upon which such violation was found or such penalty imposed, as provided in section 2112 of title 28, United States Code. The findings and order of the Secretary shall be set aside by such court if they are not found to be supported by substantial evidence, as provided in section 706(2) of title 5, United States Code.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/457

 PUBLIC LAW 95-326—JULY 28, 1978 "(3) If any person fails to pay an assessment of a civil penalty after it has become a final and unappealable order, or after the appropriate court has entered final judgment in favor of the Secretary, the Secretary shall refer the matter to the Attorney General of the United States, who shall recover the amount assessed in any appropriate district court of the United States. In such action, the validity and appropriateness of the final order imposing the civil penalty shall not be subject to review. "(4) The Secretary may compromise, modify, or remit, with or without conditions, any civil penalty which is subject to imposition or which has been imposed under this section. "(b)(1) A person is guilty of an offense if he commits any act prohibited by section 10(1), (3), (4), or (5). ' "(2) Any offense described in subsection paragraph (1) is punishable by a fine of not more than $50,000, or imprisonment for not more than six months, or both; except that if in the commission of any offense the person uses a dangerous weapon, engages in conduct that causes bodily injury to any officer authorized to enforce the provisions of this Act, or places any such officer in fear of imminent bodily injury, the offense is punishable by a fine of not more than $100,000, or imprisonment for not more than ten years, or both. "(c)(1) Any fishing vessel (including its fishing gear,- furniture, appurtenances, stores, and cargo) used, and any fish taken or retained, in any manner, in connection with or as a result of the commission of any act prohibited by section 10 shall be subject to forfeiture to the United States. All or part of such vessel may, and all such fish shall, be forfeited to the United States pursuant to a civil proceeding under this section. " (2) Any district court of the United States shall have jurisdiction. upon application by the Attorney General on behalf of the United States, to order any forfeiture authorized under paragraph (1) and any action provided for under paragraph (4). "(3) If a judgment is entered for the United States in a civil forfeiture proceeding under this section, the Attorney General may seize any property or other interest declared forfeited to the United States, which has not previously been seized pursuant to this Act or for which security has not previously been obtained under subsection (d). The provisions of the customs laws relating to— " (A) the disposition of 'forfeited property; "(B) the proceeds from the sale of forfeited property; "(C) the remission or mitigation of forfeitures; and " (D) the compromise of claims; shall apply to any forfeiture ordered, and to any case in which forfeiture is alleged to be authorized, under this section, unless such provisions are inconsistent with the purposes, policy, and provisions of this Act. The duties and powers imposed upon the Commissioner of Customs or other persons under such provisions shall, with repect to this Act, be performed by officers or other persons designated for such purpose by the Secretary of Commerce. "(4)(A) Any officer authorized to serve any process in rem which is issued by a court having jurisdiction under section 9(c) shall— " (i) stay the execution of such process; or "(ii) discharge any fish seized pursuant to such process; upon the receipt of a satisfactory bond or other security from any person claiming such property. Such bond or other security shall be conditioned upon such person (I) delivering such property to the

92 STAT. 403

Ante, p. 4>02. Penalty,

Jurisdiction,

Ante, p. 400.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/458

 92 STAT. 4 0 4

Ante, p. 402. Repeal. 16 USC 1031. 16 USC 1032. Funds, availability.

Appropriation authorization. Infra. Appropriation authorization. 16 USC 1021 note. 16 USC 1033.

Registration permit.

Post, p. 405.

Fees.

PUBLIC LAW 95-326—JULY 28, 1978 appropriate court upon order thereof, without any impairment of its value, or ( II) paying the monetary value of such property pursuant to an order of such court. J u d g m e n t shall be recoverable on such bond or other security against both the principal and any sureties in the event that any condition thereof is breached, as determined by such court. " (B) Any fish seized pursuant to this Act may be sold, subject to the approval and direction of the a p p r o p r i a t e court, for not less than the fair market value thereof. The proceeds of any such sale shall be deposited with such court pending the disposition of the matter involved. " (5) For purposes of this section, it shall be a rebuttable presumption that all fish found on board a fishing vessel and which is seized in connection with an act prohibited by section 10 were taken or retained in violation of the Convention and this Act.". (9) Section 12 is repealed and section 13 is redesignated as section 12. (10) Section 12 (as redesignated by paragraph (7)) is amended by striking out subsection (b) and inserting in lieu thereof the following: " (b) Such funds as shall be made available to the Secretary for research and related activities shall be expended to carry out the program of the Commission in accordance with the recommendations of the United States Section and to carry out other research and observer programs established pursuant to the Convention. " (c) There are authorized to be appropriated to the Secretary, for purposes of carrying out the provisions of section 14, such sums not to exceed $1,000,000 for fiscal year 1979 and for each of the next two fiscal years. " (d) There are authorized to be appropriated to the Secretary, for purposes of carrying out a sonar censusing project in the ArcticYukon-Kuskokwim region of Alaska, not to exceed $500,000 during the period beginning October 1, 1978, and ending September 30, 1981.". (11) Section 14 is redesignated as section 16. (12) The following new sections are inserted immediately after section 12 (as redesignated in paragraph (7)): " SEC. 13. (a) E a c h Canadian or Japanese fishing vessel which is authorized to fish in the fishery conservation zone pursuant to the Convention shall have on board a registration permit issued under subsection (b). " (b) The Secretary of State, in cooperation with the Secretary, shall issue annually a registration permit for each Canadian or Japanese fishing vessel which is authorized to fish within the fishery conservation zone pursuant to the Convention. E a c h such permit shall set forth the terms and conditions contained in the Convention that apply with respect to such operations, and shall include the additional requirement that the owner or operator of the fishing vessel for which the permit is issued shall comply with any regulations adopted under section 14(a) of this Act and shall prominently display such permit in the wheelhouse of such vessel and show it, upon request, to any enforcement officer. The Secretary of State, after consultation with the Secretary and the Secretary of the department in which the Coast G u a r d is operating, shall prescribe the form and manner in which applications for registration permits may be made, and the forms of such permits. The Secretary of State may establish, require the pay-

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Page:United States Statutes at Large Volume 92 Part 1.djvu/459

 PUBLIC LAW 95-326—JULY 28, 1978

92 STAT. 405

ment of, and collect fees for registration permits; except that the level of such fees shall not exceed the administrative costs incurred by him in issuing such permits. "(c) Notwithstanding any other provision of law, Canadian and Japanese fishing vessels authorized to fish for anadromous species outside the fishery conservation zone pursuant to the Convention shall not be required to obtain any permit relating to such species. "SEC. 14. (a) The Secretary shall take such actions as are necessary 16 USC 1034. and appropriate to assure the full implementation of the provisions of the Convention under which the United States and the Government of Japan have agreed— "(1) to carry out a marine mammal research program; "(2) to determine the effect of the salmon fishery on marine mammal populations; and "(3) to work to reduce or eliminate the taking of marine mammals incidental to fishing operations, during the research period ending on June 9, 1981. Such actions shall Regulations, include, but not be limited to, (A) the placement of observers aboard Japanese fishing vessels for purposes of making scientific observations and studies with respect to the incidental taking of marine mammals, and (B) the adoption of regulations, which conform to the provisions of the convention, governing the incidental taking of marine mammals by Japanese fishing vessels within the fishery conservation zone, including, but not limited to, regulations which require the collection of biological material and data on all marine mammals incidentally taken within such zone and the use of such gear and fishing techniques as are determined to be feasible to reduce or eliminate such incidental taking. "(b) During the research period ending on June 9, 1981, the taking of marine mammals incidental to fishing operations by Japanese vessels within the fishery conservation zone shall be regulated in accordance with paragraph 1(c) of the annex to the Convention; except that if the Secretary finds— "(1) on the basis of the marine mammal research program referred to in subsection (a)(1), that the population of Dall porpoise or of any other marine mammal affected by such incidental taking is below optimum sustainable population and is not trending upw^ard toward such level or is in danger of depletion; or "(2) that the contemplated research efforts cannot be successfully implemented or that necessary and desirable potential reductions or elimination of incidental taking of marine mammals, although feasible, are not being realized, the Secretary, acting through the Secretary of State, shall immediately initiate negotiations with the Government of Japan to modify the Convention or recommend such other action as is necessary to limit or eliminate the incidental taking of marine mammals to the extent feasible and, in any event, to the extent required to assure that such populations attain and remain at their optimum sustainable population levels. "(c) After June 9, 1981, the taking of marine mammals incidental Regulations, to fishing operations by Japanese vessels within the fishing conservation zone shall be regulated pursuant to the Marine Mammal Protection Act of 1972 (16 U.S.C. 1361 et seq.).

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Page:United States Statutes at Large Volume 92 Part 1.djvu/460

 92 STAT. 406 Report to Congress.

16 USC 1035.

Effective dates. 16 USC 1021 note.

PUBLIC LAW 95-326—JULY 28, 1978 "(d) The Secretary shall submit to Congress a report, prepared in consultation with the Secretary of State, on May 1 of 1979, 1980, and 1981 which shall set forth the activities undertaken by the United States and Japan to implement the objectives referred to in subsection (a)(1), (2), and (3) and the results of such activities. The report shall detail the steps taken by both nations to implement the Convention, the results of all research and statistical reporting and analysis carried out pursuant to the Convention and a description of all enforcement activities and their disposition. The report shall include an analysis of salmon harvesting and research, estimates of the magnitude of incidental taking of Dall porpoises (Phocoenoides dalli) by Japanese fishing vessels, estimates, as possible, of the abundance, distributicm, recruitment rates, status, trends, and impacts of incidental taking upon the optimum sustainable populations of Dall porpoises, and any proposals for adoption of fishing gear or techniques designed to reduce or eliminate such incidental taking. If available information is inadequate to provide the basis for such estimates or proposals, the report shall include an indication of what research efforts are needed to provide the requisite information. "SEC. 15. The Secretary, the Secretary of State, and the Secretary of the department in which the Coast Guard is operating may administer this Act consistent with the terms of the Convention on a provisional basis pending the exchange by all the contracting parties of instruments of ratification or approval of the Protocol Amending the International Convention for the High Seas Fisheries of the North Pacific Ocean, signed at Tokyo on April 25, 1978, in accordance with article II thereof.". SEC. 2. This Act, including the amendments made by this Act, shall take effect on the date of enactment of this Act, except the amendments made by paragraph (10) of the first section of this Act shall take effect on October 1, 1978. Approved July 28, 1978.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-1194 (Comm. on Merchant Marine and Fisheries). SENATE REPORT No. 95-924 accompanying S. 3082 (Comm. on Commerce, Science and Transportation). CONGRESSIONAL RECORD, Vol. 124 (1978): June 6, considered and passed House. June 14, considered and passed Senate, amended. June 28, House concurred in certain Senate amendments; in others with amendments. July 13, Senate concurred in House amendments.

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Page:Folk-lore - A Quarterly Review. Volume 10, 1899.djvu/322

 282 and blue from the blows the tailor's wife had given it in the churn. The lid was taken off, and there was nothing within but watery stuff, but in the tub were three large lumps of beautiful butter.

I will conclude with a warning against lightly meddling with matters so serious as these. A man named C. was going to mass early on Sunday morning to Kiloanan. As he crossed the strand, he found a woman and her daughter actively engaged in framing witchcrafts by means of pieces of thread of various colours. He tore up the whole apparatus and rebuked them for malice and for breach of the Sunday. They entreated him not to reveal what he had seen, and promised their protection in return for his silence. Nevertheless after mass he told the story. Shortly after, when he was about to sail for the mainland, a black crow settled on the mast of his boat and a storm arose in which he perished. The story is not only true, but of recent occurrence.

THE TAR-BABY STORY.

BY MISS A. WERNER.

the question of the African origin of the "Uncle Remus" stories has been settled long ago, but it is interesting to see how every fresh contribution to the stock of African (and more especially "Bantu") folklore supplies us with fuller and more detailed evidence on this point. Since it was discussed in the introduction to Mr. Chandler Harris's original edition (how long ago was that?) at least three distinct African versions of the Tar-Baby episode in Brer Rabbit's career have come to light. And the same thing is probably true of the other stories.

The latest of these versions is one obtained by Père Capus, of the White Fathers, among the Basumbwa, one of


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Page:United States Statutes at Large Volume 92 Part 1.djvu/461

 PUBLIC LAW 95-327—JULY 28, 1978

92 STAT. 407

Public Law 95-327 95th Congress An Act To declare that certain lands of the United States situated in the State of Oklahoma are held by the United States in trust for the Cheyenne-Arapaho Tribes of Oklahoma, and to authorize the Secretary of the Interior to accept conveyance from the Cheyenne-Arapaho Tribes of Oklahoma of certain other lands in Oklahoma to be held in trust by the United States for such tribes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, all right, title, and interest of the United States in and to the following described lands, and improvements thereon, are hereby declared to be held by the United States in trust for the Cheyenne-Arapaho Tribes of O k l a h o m a: A tract, piece, or parcel of land lying partly in the northeast quarter section 12, township 13 north, range 8 west, Indian meridian, and partly in the northwest quarter, section 7, township 13 north, range 7 west, Indian meridian, Canadian County, State of Oklahoma, more particularly described as follows: beginning at the northeast corner of said section 12, thence south 0 degree 56 minutes 25 seconds east a distance of 2,622.63 feet to the east quarter corner of said section 12; thence north 89 degrees 08 minutes 36 seconds east a distance of 232.24 feet; thence south 4 degrees 03 minutes 30 seconds west a distance of 420.90 feet; thence south 64 degrees 49 minutes 23 seconds west a distance of 1,193.98 feet; thence north 1 degree 21 minutes 07 seconds west a distance of 911.11 feet; thence north 89 degrees 08 minutes 36 seconds east a distance of 212.31 feet to a point of intersection with the west right-of-way line of the Rock Island R a i l r o a d; thence north 11 degrees 47 minutes 24 seconds east along said right-of-way line a distance of 2,339.61 feet; thence northeasterly along a curve to the left with a radius of 2,192.01 feet a distance of 344.39 feet to a point of intersection with the north line of said section 12; thence north 89 degrees 07 minutes 19 seconds east a distance of 600.83 feet to the point or place of beginning which coincides with and is identical to the northwest corner of section 7, township 13 north, range 7 west, Indian meridian, from whence proceed north 89 degrees 20 minutes 20 seconds east a distance of 1,320.00 feet; thence south 1 degree 32 minutes 45 seconds east a distance of 974.19 feet; thence south 89 degrees 20 minutes 04 seconds west a distance of 1,330.29 feet; thence north 0 degree 56 minutes 25 seconds west a distance of 974.19 feet to the point or place of beginning, subject to the easements of record. Portion of tract in section 12 (13 north-8 west) contains 73.24 acres, more or less. Portion of tract in section 7 (13 north-7 west) contains 29.63 acres, more or less. Total area equals 102.87 acres, more or less.

July 28, 1978 [S. 1291]

CheyenneArapaho Indian Tribes, Okla. Land in trust.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/462

 92 STAT. 408

Conveyances.

43 USC 615 note.

PUBLIC LAW 95-327—JULY 28, 1978 A tract or parcel of land in the east half northwest quarter of section 18, township 12 north, range 16 west of Indian meridian, Custer County, State of Oklahoma, more particularly described as follows: beginning at point on the north line of said quarter section, 259 feet west of the northeast corner (quarter corner); thence west along north boundary 426 feet; thence south 01 degree 20 minutes west 705 feet; thence east 640.43 feet parallel with north line; thence south 0 degree 43 minutes west 926.97 feet; thence south 87 degrees 11 minutes 40 seconds west 227.5 feet; thence south 0 degree 38 minutes west 843.67 feet; thence south 25 degrees 10 minutes 20 seconds east 169.5 feet to south boundary of?aid quarter section; thence east along south boundary 202.85 feet to southeast corner 1 inch diameter iron pin; thence north 0 degree 43 minutes east 2315 feet along east boundary; thence west parallel with north line 259 feet; thence north 0 degree 43 minutes east 325 feet to point of beginning, containing 16.56 acres, more or less. SEC. 2. The Secretary of the Interior is authorized and directed upon request of the Cheyenne-Arapaho Tribes of Oklahoma to accept the conveyance from such tribes of the fee simple title to the lands, and improvements thereon, conveyed to such Tribes from the United States pursuant to the Act of September 14, 1960 (74 Stat. 1029) and the Act of May 18, 1968 (82 Stat. 124). Such lands, together with the improvements thereon, shall be held in trust by the United States for the Cheyenne-Arapaho Tribes of Oklahoma. SEC. 3. The conveyances made pursuant to this Act shall be subject to any existing easements, licenses, permits, or commitments heretofore granted or made for a specific period of time, but no such easement, license, permit, or commitment shall be renewed or continued beyond its presently effective termination date without the express consent of the Cheyenne-Arapaho Tribes of Oklahoma. The conveyances made pursuant to this Act shall be also subject to existing rights-of-way for waterlines, electric transmission lines, other utilities, roads, and railroads. Approved July 28, 1978.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-1306 (Comm. on Interior and Insular Affairs). SENATE REPORT No. 95-239 (Comm. on Indian Affairs). CONGRESSIONAL RECORD: Vol. 123 (1977): June 9, considered and passed Senate. Vol. 124 (1978): July 17, considered and passed House.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/463

 PUBLIC LAW 95-328—JULY 28, 1978

92 STAT. 409

Public Law 95-328 95th Congress An Act Relating to the settlement between the United States and the Ak-Chin Indian community of certain water right claims of such community against the United States.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) the Congress hereby declares that it is the policy of Congress to resolve, without costly and lengthy litigation, the claims of the Ak-Chin Indian community for water based upon failure of the United States to meet its trust responsibility to the Indian people provided reasonable settlement can be reached. (b) The Congress hereby finds and declares that— (1) the Ak-Chin Indian community relies for its economic sustenance on farming, and that ground water, necessary thereto, is declining at a rate which will make it uneconomical to farm within the next few years; (2) at the time of the settlement of the reservation, it was the obligation and intention of the United States to provide water to the Ak-Chin Indian Reservation, and such obligation remains unfulfilled; (3) it is likely that the United States would be held liable for its failure to provide water and for allowing ground water beneath the reservation to be mined; (4) there exists a critical situation at Ak-Chin in that there is not sufficient economically recoverable ground water beneath the reservation to sustain a farming operation until a permanent source of water suitable for irrigation on the reservation can be delivered; (5) this Act is proposed to settle the Ak-Chin Indian community's claim for water by meeting the emergency needs of the Ak-Chin community through construction of a well field and water delivery system from nearby Federal lands and by obligating the United States to meet the Ak-Chin community's needs for a permanent supply of water in a fixed amount to be available upon a date certain, in exchange for a release of all claims such community has against the United States for failing to act consistently with its trust responsibility to protect and deliver the water resources of the community; and (6) it is the intention of this Act not to discriminate against any non-Indian landowners or other persons, but to fulfill the historic and legal obligation of the United States toward the Ak-Chin Indian community. SEC. 2. (a) For the purposes of this Act, the Secretary of the Interior (hereinafter referred to as the "Secretary") shall undertake engineering and hydrological studies as may be necessary to determine whether there exists, on Federal lands near the Ak-Chin Indian Reservation, a source of ground water which could be taken, on an annual basis, for use in connection with any contract entered into pursuant to subsection (b) of this section, subject to the provisions in (c)(2).

July 28, 197& [S. 1582]

Ak-Chin Indians, w*^^ •8*1* claims,

Studies.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/464

 92 STAT. 410 Report to Congress, Contracts.

Plan, report to Congress.

PUBLIC LAW 95-328—JULY 28, 1978 Such studies shall be completed and a report with respect thereto submitted to the Congress within twelve months after the date of the enactment of this Act. (b) Within one hundred and eighty days following the submission to the Congress of the report referred to in subsection (a), the Secretary, if he determines that there exists a source of ground water which can be so taken on an annual basis, shall enter into a contract or other agreement with the Ak-Chin Indian community pursuant to which the Secretary shall agree, on bel.alf of the United States, to— (1) furnish, subject to the provisions of clause (2) of subsection (c) of this section, to the Ak-Chin Indian community, commencing within sixty days following the completion of the necessary facilities under clause (2) of this subsection but in no event later than four years from the date of said contract, the delivery to the southeast corner of the lands comprising the Ak-Chin Indian Reservation, on an annual basis, of eighty-five thousand acre-feet of ground water from nearby Federal lands covered by such studies; (2) take such action as may be necessary to begin within sixty days following the date of such contract, to drill, construct, equip, maintain, repair, reconstruct, and operate a well field on such Federal lands, and to construct and maintain a delivery system, including canals, pumping stations and other appurtenant works, sufficient to provide for the delivery of such ground water from such Federal lands to the southeast corner of the lands comprising the Ak-Chin Indian Reservation. (c)(1) The delivery of ground water under clause (1) of subsection (b) sb.all continue until augmented or replaced by the permanent water supply required under section 3 to be delivered to the Ak-Chin Indian Reservation, except that the obligation to deliver ground water during any year shall be reduced for that year by an amount equal to the amount of surface water delivered to such community pursuant to such contract durin<r such year. (2) Notwithstanding the provisions of clause (1) of subsection (b) of this section, the Secretary, if he determines that pumping eightyfive thousand acre-feet of ground water annually from nearby Federal lands to the Ak-Chin community would (A) not be hydrologically feasible or (B) diminish the ground water supply in the basin and thereby cause severe damage to other water users; may deliver a lesser amount. (d) The Secretary is authorized to receive and consider any claims arising under this Act from water users other than the Ak-Chin Indian community for compensation for any losses or other expenses incurred by such users by reason of the enactment of this Act or actions taken thereunder. (e) Notwithstanding any other provision of this Act, if the Secretary determines on the basis of studies conducted pursuant to subsection (a) of this section, that the pumping on an annual basis of any such ground water pursuant to clause (1) of subsection (b) of this section in excess of sixty thousand acre-feet is not possible by reason of clause (2) of subsection (c), and the Ak-Chin Indian community does not agree to contract for a lesser amount, the Secretary shall report to the Congress an alternative plan for meeting the emergency needs of the Ak-Chin Indian community. Such alternative plan shall be submitted to the Congress within one hundred and eighty days following the submission of the report referred to in subsection (a).

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Page:United States Statutes at Large Volume 92 Part 1.djvu/465

 PUBLIC LAW 95-328—JULY 28, 1978

92 STAT. 411

SEC. 3. In addition, and as a part of the contract referred to in section 2(b) of this Act, the Secretary shall provide for, commencing as soon as possible, but in no event later than the expiration of the twenty-five-year period following the date of the enactment of this Act, the permanent delivery, on an annual basis, to the lands comprising the Ak-Chin Indian Reservation, of eighty-five thousand acrefeet of water suitable for irrigation on the reservation. SEC. 4. (a) As consideration on the part of the Ak-Chin Indian Waivers. community for entering into any contract or agreement pursuant to section 2(b), the Ak-Chin Indian community shall agree to waive, in a manner satisfactory to the Secretary, any and all claims of water rights or injuries to water rights of the Ak-Chin Indian community, including both ground water and surface water from time immemorial to the present, which it might have against the United States, the State of Arizona or agency thereof, or any other person, corporation, or municipal corporation, arising under the laws of the United States or the State of Arizona. (b) As further consideration on the part of the Ak-Chin Indian community for entering into any contract or other agreement pursuant to section 2(b), the Ak-Chin Indian community shall agree to waive any and all claims of water rights or injuries to water rights, including both ground water and surface water, arising under the laws of the United States or the State of Arizona, which it might have in the future against any person, corporation, municipal corporation, or the State of Arizona or agency thereof. (c) Notwithstanding the provisions of subsections (a) and (b) of this section, the community will not thereby waive any claims against the United States for breach, if any, of the contract referred to in section 2(b) of this Act. A failure to deliver water within the times Breach of specified in either section 2(b) or 3 shall be deemed a breach of the contract. contract. The measure of damages for any such breach shall be the Damages replacement cost of water not delivered by the United States. SEC. 5. There are authorized to be appropriated for the fiscal year Appropriation ending September 30, 1979, the sum of $500,000, and the aggregate authorization. sum of $42,500,000 to be appropriated prior to the fiscal year ending September 30, 1983, for carrying out the purposes of section 2 of this Act. Notwithstanding any other provisions of this Act, no authorization to make payments under this Act, or to enter into contracts, shall be effective except to such extent or in such amounts as are provided in advance in appropriations Acts. Approved July 28, 1978.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-954 accompanying H.R. 8099 (Comm. on Interior and Insular Affairs). SENATE REPORT No. 95-460 (Comm. on Indian Affairs). CONGRESSIONAL RECORD: Vol. 123 (1977): Oct. 11, considered and passed Senate. Vol. 124 (1978): May 2, H.R. 8099 considered and failed of passage in House. June 29, H.R. 8099 considered and passed House; proceedings vacated and S. 1582, amended, passed in lieu. July 13, Senate concurred in House amendment.

39-194 O—80—pt. 1

30: QL3

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Page:United States Statutes at Large Volume 92 Part 1.djvu/466

 92 STAT. 412

PUBLIC LAW 95-329—JULY 28, 1978

Public Law 95-329 95th Congress An Act July 28, 1978 [S. 947]

Indians. Creek Nation of Oklahoma. Land in trust.

To declare certain federally owned land known as the Yardeka School land to be held in trust for the Creek Nation of Oklahoma.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, subject to existing permits and rights-of-way, all right, title, and interest of the United States in the five acres, more or less, described as west half of the northwest quarter of the northwest quarter of the northwest quarter of section 10, township 10 north, range 13, I.B.M., Mcintosh County, Oklahoma, are hereby declared to be held in trust by the United States for the Creek Nation of Oklahoma. Approved July 28, 1978.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-1305 (Comm. on Interior and Insular Affairs). SENATE REPORT No. 95-238 (Comm. on Indian Affairs). CONGRESSIONAL RECORD: Vol. 123 (1977): June 9, considered and passed Senate. Vol. 124 (1978): July 17, considered and passed House.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/467

 PUBLIC LAW 95-330—JULY 31, 1978

92 STAT. 413

Public Law 95-330 95th Congress Joint Resolution Making urgent supplemental appropriations for the Department of Agriculture, Agricultural Stabilization and Conservation Service, and for other purposes for the fiscal year ending September 30, 1978.

July 31, 1978 [H.J. Res. 1024]

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sum is Supplemental appropriated, out of any money in the Treasury not otherwise appro- appropriations, 1978. priated, for the fiscal year ending September 30, 1978; namely: DEPARTMENT OF AGRICULTURE AGRICULTURAL STABILIZATION AND CONSERVATION SERVICE SALARIES AND EXPENSES

For an additional amount for "Salaries and Expenses", $57,145,000: Provided, That, in addition, not to exceed $23,391,000 may be transferred to and merged with this appropriation from the Commodity Credit Corporation fund (including not to exceed $5,950,000 under the limitation on Commodity Credit Corporation administrative expenses). Approved July 31, 1978.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-1326 (Comm. on Appropriations). SENATE REPORT No. 95-1021 (Comm. on Appropriations). CONGRESSIONAL RECORD, Vol. 124 (1978): July 11, considered and passed House. July 24, considered and passed Senate.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/468

 92 STAT. 414

PUBLIC LAW 95-331—AUG. 2, 1978

Public Law 95-331 95th Congress An Act Aug. 2. 1978 [H.R. 11877]

Peace Corps Act Amendments of 1978. 22 USC 2501 note. Appropriation authorization.

22 USC 817.

To authorize supplemental appropriations for fiscal year 1978, and to authorize appropriations for fiscal year 1979, for the Peace Corps, and to make certain changes in the Peace Corps Act. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Peace Corps Act Amendments of 1978". SEC. 2. Section 2 of the Peace Corps Act (22 U.S.C. 2501) is amended by inserting "particularly in meeting the basic needs of those living in the poorest areas of such countries," immediately after "manpower,". SEC. 3. Section 3 of the Peace Corps Act (22 U.S.C. 2502) is amended— (1) in subsection (b) by striking out the matter before the first proviso and inserting in lieu thereof the following: "There are authorized to be appropriated to carry out the purposes of this Act (1) for fiscal year 1978 not to exceed $86,544,000, and (2) for fiscal year 1979 not to exceed $112,424,000 of which $1,000,000 shall be available only for Peace Corps contributions to the United Nations volunteer program:"; (2) in subsection (c) by striking out "for the fiscal year 1978, $1,000,000" and by inserting after "by law" the following: ", for fiscal year 1978, $1,069,000, and for fiscal year 1979 such sums as may be necessary"; and (3) by adding at the end thereof the following new subsection: "(g) In recognition of the fact that women in developing countries play a significant role in economic production, family support, and the overall development process, the Peace Corps shall be administered so as to give particular attention to those programs, projects, and activities which tend to integrate women into the national economics of developing countries, thus improving their status and assisting the total development effort.". SEC. 4. Section 5 of the Peace Corps Act (22 U.S.C. 2504) is amended— (1) in the first sentence of subsection (c) by striking out "; except that" and all that follows through "President"; and (2) in subsection (h) by adding at the end thereof the following new sentences: "The provisions of section 1091 of the Foreign Service Act of 1946, relating to malpractice protection, shall apply to volunteers, and the Director of ACTION shall have the authority granted to the Secretary of State in subsection (f) of such section. For purposes of subsection (g) of such section, a Peace Corps representative shall be deemed to be a principal representative of the United States.". SEC. 5. (a) Section 10 of the Peace Corps Act (22 U.S.C. 2509) is amended— (1) in subsection (a)(2) by striking out ": Provided'^'' and all that follows through "section"; (2) in subsection (b) by striking out "$10,000" and inserting in lieu thereof "$20,000"; and (3) by adding at the end thereof the following new subsection:

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Page:United States Statutes at Large Volume 92 Part 1.djvu/469

 PUBLIC LAW 95-331—AUG. 2, 1978

92 STAT. 415

"(h) The President may provide hospitalization and medical treatment to Foreign Service local employees who are within the United States for training related to their employment under this Act, for illnesses, injuries, or conditions other than those arising out of and in the course of employment, which, in the judgment of the President, began during such employee's travel related to such training or so near to the beginning of such travel that the onset of the illness, injury, or condition could not have been known, and for which immediate medical treatment or hospitalization is reasonably required.". (b) The amendment made by paragraph (2) of subsection (a) shall 22 USC 2509 apply to claims made after the date of the enactment of this Act. "ot^(c) Section 10(a) of such Act is further amended— 22 USC 2509. (1) by inserting the following new paragraph after paragraph "(3) assign volunteers to duty or otherwise make them available to any entity referred to in paragraph (1), in order to assist such organizations and agencies in providing development or other relief assistance to displaced persons and refugees in any country, if the government of the country agrees to such assignment;"; and (2) by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively. SEC. 6. Section 11 of the Peace Corps Act (22 U.S.C. 2510) is Reports to amended by adding at the end thereof the following new sentence: Congress. "Each report shall contain information describing efforts undertaken to improve coordination of activities of the Peace Corps with activities of international voluntary service organizations, such as the United Nations volunteer program, and of host country voluntary service organizations, including— "(1) a description of the purpose and scope of any development project which the Peace Corps undertook during the preceding fiscal year as a joint venture with any such international or host country voluntary service organization; and " (2) recommendations for improving coordination of development projects between the Peace Corps and any such international or host country voluntary service organization.". SEC. 7. Section 301(b)(1) of the Peace Corps Act is amended to 22 USC 2501a. read as follows: "(b)(1) Activities carried out by the President in furtherance of the purposes of clauses (1) and (2) of subsection (a) shall be limited to— " (A) furnishing technical assistance, materials, tools, supplies, and training appropriate to the support of volunteer programs in such countries or areas; and "(B) conducting demonstration projects in such countries or areas. None of the funds made available to carry out the purposes of clauses (1) and (2) of subsection (a) may be used to pay the administrative costs of any program or project, other than a demonstration project, or to assist any program or project of a paramilitary or military nature. Funds allocated for activities set forth in this paragraph should be kept to a minimum so that such allocation will not be detrimental to other Peace Corps programs and activities.".

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Page:United States Statutes at Large Volume 92 Part 1.djvu/470

 92 STAT. 416

Effective date. 22 USC 2501a

PUBLIC LAW 95-331—AUG. 2, 1978 SEC. 8. (a) Section 301(b)(2) of the Peace Corps Act (22 U.S.C. 2501a (b)(2)) is amended by striking out "$350,000 may be used in any fiscal year" and inserting in lieu thereof "2 per centum of the amount appropriated to the Peace Corps for a fiscal year may be used in such fiscal year.". (b) The amendment made by subsection (a) shall taske effect on October 1, 1978.

note.

Approved August 2, 1978.

LEGISLATIVE HISTORY: HOUSE REPORTS: No. 95-1049 (Coram, on International Relations) and 95-1333 (Comm. of Conference). SENATE REPORT No. 95-807 (Comm. on Foreign Relations). CONGRESSIONAL RECORD, Vol. 124 (1978): Apr. 25, considered and passed House. June 8, considered and passed Senate; amended. June 29, Senate agreed to conference report. July 25, House agreed to conference report.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/471

 PUBLIC LAW 95-332—AUG. 2, 1978

92 STAT. 417

Public Law 95-332 95th Congress Joint Resolution Making an urgent appropriation for the black lung program of the Department of Labor, and for other purposes, for the fiscal year ending September 30, 1978.

—Aug. Z, 19/q— [H.J. Res. 945]

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sum is Black lung appropriated, out of any money in the Treasury not otherwise appro- program, priated, for the fiscal year ending September 30, 1978: Appropriation ^

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>r> I

5

for:FY 1978.

DEPARTMENT OF LABOR EMPLOYMENT STANDARDS ADMINISTRATION BLACK LUNG DISABILITY TRUST FUND

For payments from the Black Lung Disability Trust Fund, $181,689,000, of which $162,700,000 shall be available for payments of all benefits after March 31, 1978, interest on advances under subsection (b)(2) of Section 3 of the Black Lung Benefits Revenue Act of 1977, reimbursement to operators, and repayment into the Treasury for amounts expended for claims and expenses incurred for operation and administration of the Black Lung benefits program prior to April 1, 1978, as authorized by Section 424(a) of the Black Lung Benefits Act, as amended, and of which $17,819,000 shall be available for transfer to Employment Standards Administration, Salaries and Expenses, and $1,170,000 for transfer to Departmental Management, Salaries and Expenses, for expenses of operation and administration of the Black Lung benefits program after March 31, 1978 as authorized by Section 424(a)(5) of the Black Lung Benefits Act, as amended: Provided, That in addition, such amounts as may be necessary may be charged to the subsequent year appropriation for the payment of compensation and other benefits for any period subsequent to June 15 of the current year: Provided further, That funds provided under the heading "Advances to the Unemployment Trust Fund and Other Funds" in the Departments of Labor and Health, Education, and Welfare Appropriation Act, 1977, shall be available for the payment of repayable advances to the Black Lung Disability Trust Fund as authorized by subsection (b)(2) of section 3 of the Black Lung Benefits Revenue Act of 1977.

30 USC 924.

30 USC 934.

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90 Stat. 1418. 30 USC 924.

RAILROAD RETIREMENT BOARD REGIONAL RAIL TRANSPORTATION PROTECTIVE ACCOUNT

For an additional amount for payment of benefits under section 509 of the Rail Reorganization Act of 1973, to remain available until 87 Stat. 1020., expended, $43,500,000.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/472

 92 STAT. 418

PUBLIC LAW 95-332—AUG. 2, 1978

DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE EDUCATION DIVISION EMERGENCY SCHOOL AID

20 USC 1607.

For an additional amount of carrying out section 708(a) of the Emergency School Aid Act, $25,000,000: Provided, That the deadline for application under the program for which appropriation is made under this paragraph shall be extended until August 1, 1978, for any district in which there has been a change in circumstances which precluded such district from making application in conformity with the regular application cycle. DEPARTMENT OF COMMERCE ECONOMIC DEVELOPMENT ECONOMIC DEVELOPMENT

ASSISTANCE

ADMINISTRATION

LOCAL PUBLIC WORKS PROGRAM

42 USC 6701 note.

For administrative expenses, including expenses for program evaluation by the Secretary of Commerce, necessary to carry out title I of the Public Works Employment Act of 1976 (Public Law 94-369), $3,788,000. Approved August 2, 1978.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-1236 (Comm. on Appropriations). SENATE REPORT No. 95-937 (Comm. on Appropriations). CONGRESSIONAL RECORD, VoL 124 (1978): June 9, considered and passed House. June 23, considered and passed Senate, amended. July 19, House concurred in certain Senate amendments and concurred in amendment No. 2 with an amendment. July 20, Senate concurred in House amendments.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/473

 PUBLIC LAW 95-333—AUG. 3, 1978

92 STAT. 419

Public Law 95-333 95th Congress An Act To provide for a temporary increase in the public debt limit.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, during the period beginning on the date of the enactment of this Act and ending on March 31, 1979, the public debt limit set forth in the first sentence of section 21 of the Second Liberty Bond Act (31 U.S.C. T57b) shall be temporarily increased by $398,000,000,000. SEC. 2. Effective on the date of the enactment of this Act, the first section of the Act of October 4, 1977, entitled "An Act to increase the temporary debt limit, and for other purposes" (Public Law 95-120), is hereby repealed. SEC. 3. The last sentence of the second paragraph of the first section of the Second Liberty Bond Act (31 tj.S.C. 752) is amended by striking out "$27,000,000,000" and inserting in lieu thereof "$32,000,000,000". Approved August 3, 1978.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-1349 (Comm. on Ways and Means). SENATE REPORT No. 95-1042 (Comm. on Finance). CONGRESSIONAL RECORD, Vol. 124 (1978): July 19, considered and passed House. Aug. 2, considered and passed Senate.

Aug. 3, 1978 [H.R. 13385]

Public debt limit, Temporary increase, 31 USC 757b "<^t«Repeal; effective date, 31 USC 757b °ote.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/474

 92 STAT. 420

PUBLIC LAW 9 5 - 3 3 4 — A U G. 4, 1978

Public Law 95-334 95th Congress An Act Aug. 4, 197o [H.R. 11504]

Agricultural Credit Act of 1978. 7 USC 1921 note.

rpQ amend the Consolidated Farm and Rural Development Act, provide an eco• nomic emergency loan program for farmers and ranchers, extend the Emergency Livestock Credit Act of 1974, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Agricultural Credit Act of 1978". TITLE I—AMENDMENTS TO THE CONSOLIDATED FARM AND RURAL DEVELOPMENT ACT ELIGIBILITY FOR FARM OWNERSHIP AND OTHER LOANS UNDER SUBTITLE A

7 USC 1922.

SEC. 101. Section 302 of the Consolidated F a r m and R u r a l Development Act is amended to read as follows: " SEC. 302. The Secretary is authorized to make and insure loans under this subtitle to farmers and ranchers in the United States, and to farm cooperatives and private domestic corporations and partnerships that are controlled by farmers and ranchers and engaged primarily and directly in farming or ranching in the United States, subject to the conditions specified in this section. To be eligible for such loans, applicants who are individuals, or, in the case of cooperatives, corporations, and partnerships, members, stockholders, or partners, as applicable, holding a majority interest in such entity, must (1) be citizens of the United States, (2) have either t r a i n i n g or farming experience that the Secretary determines is sufficient to assure reasonable prospects of success in the proposed farming operations, (3) be or will become owner-operators of not larger than family farms (or in the case of cooperatives, corporations, and partnerships in which a majority interest is held by members, stockholders, or partners, as applicable, who are related by blood or marriage, as defined by the Secretary, such individuals must be or will become either owners or operators of not larger than a family farm and at least one such individual must be or will become an operator of not larger than a family f a r m), and (4) be unable to obtain sufficient credit elsewhere to finance their actual needs at reasonable rates and terms, taking into consideration prevailing private and cooperative rates and terms in the community in or near which the applicant resides for loans for similar purposes and periods of time. I n addition to the foregoing requirements of this section, in the case of cooperatives, corporations, and partnerships, the family farm requirement of clause (3) of the preceding sentence shall apply as well to the farm or farms in which the entity has an ownership and operator interest and the requirement of clause (4) of the preceding sentence shall apply as well to the entity.".

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Page:United States Statutes at Large Volume 92 Part 1.djvu/475

 PUBLIC LAW 95-334—AUG. 4, 1978

92 STAT. 421

LOANS FOR RECREATIONAL AND POLLUTION ABATEMENT FACILITIES

SEC. 102. Section 304 of the Consolidated Farm and Kural Development Act is amended by— 7 USC 1924. (1) in subsection (a), striking out the word "individual"; and (2) adding at the end thereof a new subsection (c) as follows: "(c) Loans may also be made or insured under this subtitle to any farm owners or tenants without regard to the requirements of clauses (1), (2), and (3) of section 302 of this title for the pur- 7 USC 1922. poses of meeting Federal, State, or local requirements for agricultural, animal, or poultry waste pollution abatement and control facilities, including the construction, modification, or relocation of farm or other structures necessary to comply with such pollution abatement requirements.". LIMITATIONS ON LOANS UNDER SECTIONS 3 0 2, 3 0 3, 3 0 4, AND 3 1 CD OF THE ACT

S E C 103. Section 305 of the Consolidated Farm and Rural Development Act is amended by striking out the first sentence and inserting in lieu thereof the following: "The Secretary shall make oi- insure no loan under sections 302, 303, 304, and 310D of this title that would cause the unpaid indebtedness under such sections of any one borrower to exceed the smaller of (1) the value of the farm or other security, or (2) in the case of a loan other than a loan guaranteed by the Secretary, $200,000, or, in the case of a loan guaranteed by the Secretary, $300,000.".

7 USC 1925. 7 USC 1922, 1^23, 1924. Post, p. 424.

ELIMINATION OF REQUIREMENT FOR BOND COUNSEL FOR CERTAIN WATER AND WASTE DISPOSAL FACILITY LOANS

SEC. 104. Section 306(a)(1) of the Consolidated Farm and Rural Development Act is amended by adding at the end thereof the follow- 7 USC 1926. in^: "With respect to loans of less than $500,000 made or insured under this paragraph that are evidenced by notes and mortgages, as distinguished from bond issues, borrowers shall not be required to appoint bond counsel to review the legal validity of the loan whenever the Secretary has available legal counsel to perform such review.". WATER AND WASTE DISPOSAL FACILITY GRANTS

SEC. 105. Effective October 1, 1978, section 306(a)(2) of the Consolidated Farm and Rural Development Act is amended by— (1) striking out "$300,000,000" and inserting in lieu thereof "$500,000,000"; and (2) striking out "50 per centum" and inserting in lieu thereof "75 per centum". RURAL AREAS

SEC. 106. Section 306(a)(7) of the Consolidated Farm and Rural Development Act is amended by striking out ", the Commonwealth of Puerto Rico and the Virgin Islands,".

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Page:United States Statutes at Large Volume 92 Part 1.djvu/476

 92 STAT. 422

PUBLIC LAW 95-334—AUG. 4, 1978 LOANS FOR POWER TRANSMISSION

FACILITIES

SEC. 107. (a) Section 306(a) of the Consolidated F a r m and Kural 7 USC 1926. Development Act is amended by adding at the end thereof a new paragraph (14) as follows: " ( 1 4)(A) The Secretary may make or insure loans in the full amount thereof, but not to exceed $1,000,000 for any such loan, to associations, including corporations not operated for profit, Indian tribes on Federal and State reservations and other federally recognized Indian tribes, and public and quasi-public agencies, for the purpose of financing the construction, acquisition, and operation of transmission facilities for any electric system that is owned and operated by a public body located in a rural area and as of October 1, 1976, was receiving bulk power from any of the following agencies of the Department of the Interior: " (i) the Southwestern Power Administration, " (ii) the Southeastern Power Administration, " (iii) the Bonneville Power Administration, " ( i v) the Bureau of Reclamation, or " (v) the Alaska Power Administration. A loan may not be made or insured under this paragraph unless the Secretary determines that the applicant for the loan cannot obtain sufficient credit elsewhere from reliable sources at reasonable rates and terms for financing the construction, acquisition, and operation of such facilities. " (B) Interest or other income from obligations evidencing loans guaranteed under this paragraph shall be included in gross income for the purposes of chapter 1 of the Internal Revenue 26 USC 1 et seq. Code of 1954. " (C) The Administrator of the R u r a l Electrification Administration shall administer loans made or insured under this paragraph. " (D) The authority provided to the Secretary by subparagraph (A) of this paragraph shall teraiinate September 30, 2006.". (b) Section 309A(a) of the Consolidated F a r m and Rural Devel7 USC 1929a. opment Act is amended by inserting "306(a) ( 1 4), " immediately after "sections 3 0 4 (b), 306(a)(1),". INTEREST RATES FOR LOANS UNDER SUBTITLE A; DELETION OF ESCROW AGENT PROVISION

7 USC 1927.

Post, p. 424.

SEC. 108. Section 307 of the Consolidated F a r m and Rural Development Act is amended by— (1) amending subsection (a) to read as follows: " (a)(1) The period for repayment of loans under this subtitle shall not exceed forty years. " (2) E x c e p t as otherwise provided in paragraph s (3), (4), and (5) of this subsection, the interest rates on loans under this subtitle shall be as determined by the Secretary, but not in excess of the current average market yield on outstanding marketable obligations of the United States with remaining periods to maturity comparable to the average maturities of such loans, plus not to exceed 1 per centum, as determined by the Secretary, and adjusted to the nearest one-eighth of 1 per centum. " (3) The interest rates on loans (other than guaranteed loans) under section 310D of this title, and loans (other than guaranteed loans) to public bodies or nonprofit associations (including Indian tribes on Federal and State reservations and other federally recog-

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Page:United States Statutes at Large Volume 92 Part 1.djvu/477

 PUBLIC LAW 95-334—AUG. 4, 1978

92 STAT. 423

nized Indian tribal groups) for water and waste disposal facilities and essential community facilities shall be as determined by the Secretary, but not in excess of 5 per centum per annum. "(4) The interest rates on loans under sections 304(b), 306(a)(1), and 310B of this title (other than guaranteed loans and loans as 7 USC 1924, described in paragraph (3) of this subsection) shall be as determined 1926, 1932. by the Secretary, but not less than such rates as determined by the Secretary of the Treasury taking into consideration the current average market yield on outstanding marketable obligations of the United States with remaining periods to maturity comparable to the average maturities of such loans, adjusted in the judgment of the Secretary of the Treasury to provide for rates comparable to the rates prevailing in the private market for similar loans and considering the Secretary's insurance of the loans, plus an additional charge, prescribed by the Secretary, to cover the Secretary's losses and cost of administration, which charge shall be deposited in the Rural Development Insurance Fund, and further adjusted to the nearest one-eighth of 1 per centum. "(5) The interest rate on any loan made under this subtitle as a guaranteed loan shall be such rate as may be agreed upon by the borrower and the lender, but not in excess of a rate as may be determined by the Secretary."; (2) redesignating subsection (b) as subsection (c); and (3) inserting a new subsection (b) as follows: "(b) The borrower shall pay such fees and other charges as the Secretary may require, and borrowers under this title shall prepay to the Secretary such taxes and insurance as the Secretary may require, on such terms and conditions as the Secretary may prescribe.". REPEAL OF LIMITATION ON AMOUNT OF OUTSTANDING LOANS UNDER THE AGRICULTURAL CREDIT INSURANCE F U N D; USE OF THE AGRICULTURAL CREDIT INSURANCE FUND FOR P A Y M E N T OF COSTS OF ADMINISTRATION

SEC. 109. (a) Section 309(f) of the Consolidated Farm and Rural Development Act is amended by— (1) in paragraph (1), changing the period at the end of the first sentence to a semicolon and striking out the second sentence therein which reads: "The aggregate of the principal of such loans made and not disposed of shall not exceed $500,000,000 at any one time;"; (2) striking out "and" at the end of paragraph (4), and changing the period at the end of paragraph (5) to a semicolon; and (3) adding at the end thereof new paragraph (6) as follows: "(6) to pay the Secretary's costs of administration necessary to insure, make grants, service, and otherwise carry out the programs under this title not specifically covered by the Rural Development Insurance Fund of section 309A, including costs of the Secretary incidental to guaranteeing loans under this title, either directly from the Fund or by transfers from the Fund to, and merger w ith, any appropriations for administrative expenses.". (b) Section 328 of the Consolidated Farm and Rural Development Act is amended by striking out ": Provided, That loans made under this section shall not be included in applying the $500,000,000 limitation in section 309(f)(1) ".

7 USC 1929.

7 USC 1929a.

7 USC 1968. 7 USC 1929.

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