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Naval Auxiliary Air Station, Saufley Field, Florida: Utilities, $44,000. Naval Auxiliary Air Station, Whiting Field, Florida: Troop housing, $800,000. (Field Support Stations) Naval Station, Adak, Alaska: Maintenance facilities, and utilities, $2,440,000. Naval Air Station, Albany, Georgia: Operational and training facilities, and maintenance facilities, $2,100,000. Naval Air Station, Cecil Field, Florida: Maint^iance facilities, and troop housing, $619,000. Naval Air Station, Jacksonville, Florida: Operational facilities, and maintenance facilities, $1,706,000. Naval Air Station, Lakehurst, New Jersey: Maintenance facilities, $69,000. Naval Air Station, Lemoore, California: Maintenance facilities, and utilities, $251,000. Naval Station, Mayport, Florida: Troop housing, $280,000. Naval Air Station, Norfolk, Virginia: Mamtenance facilities, $2,512,000. Naval Air Station, North Island, California: Troop housing, $1,920,000. Naval Air Station, Oceana, Virginia: Operational and training facilities, maintenance facilities, and troop housing, $1,466,000. Naval Auxiliary Air Station, Ream Fieldj California: Operational facilities, maintenance facilities, and ground improvements, $1,816,000. Naval Air Station, Whidbey Island, Washington: Medical facilities, $1,674,000. (Marine Corps Air Stations) Marine Corps Air Station, Beaufort, South Carolina: Supply facilities, $491,000. Marine Corps Air Station, Cherry Point, North Carolina: Training facilities, and maintenance facilities, $572,000. Marine Corps Air Facility, New River, North Carolina: Troop housing, $486,000. Marine Corps Air Facility, Santa Ana, California: Operational facilities, $406,000. (Research, Development, Test, and Evaluation Stations) Naval Ordnance Test Station, China Lake, California: Research, development, and test facilities, $198,000. Naval Ordnance Laboratory, Corona, California: Research, development, and test facilities, $743,000. Naval Aerospace Recovery Facility, E l Centro, California: Research, development, and test facilities, $430,000. Naval Air Test Center, Patuxent River, Maryland: Maintenance facilities, and supply facilities, $283,000. Pacific Missile Range, Point Mugu, California: Researcli, development, and test facilities on San Nicolas Islands, $343,000. NAVAL ORDNANCE

SYSTEMS

COMMAND

(Fleet Readiness Stations) Naval Ammunition Depot, Bangor, Washington: Operational facilities, $189,000.

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Naval Weapons Station, Charleston, South Carolina: Maintenance facilities, $260,000. Naval Propellant Plant, Indian Head, Maryland: Production facilities, $97,000. Naval Torpedo Station, Keyport, Washington: Maintenance facilities, $1,274,000. (Research, Development, Test, and Evaluation Stations) Naval Underwater Ordnance Station, Newport, Rhode Island: Utilities and ground improvements, $86,000. Naval Ordnance Laboratory, White Oak, Maryland: Research, development, and test facilities, $3,847,000. NAVAL S U P P L Y SYSTEMS COMMAND

Naval Oceanographic Distribution Office, Ogden, U t a h: Administrative facilities, $236,000. Naval Supply Center, Puget Sound, Washington: Administrative facilities; and at the Seattle Annex, administrative facilities and community facilities, $940,000. Navy Fuel Depot, San Pedro, California: Supply facilities, $111,000. MARINE

CORPS

FACILITIES

Marine Corps Base, Camp Pendleton, California: Maintenance facilities, administrative facilities, troop housing, and utilities, $3,166,000. Marine Corps Recruit "Depot, Parris Island, South Carolina: Real estate, $168,000. Marine Corps Recruit Depot, San Diego, California: Troop housing, $781,000. Marine Corps Base, Twentynine Palms, California: Operational facilities, and supply facilities, $1,042,000. SERVICE

SCHOOL

FACILITIES

Naval Academy, Annapolis, Maryland: Utilities, $2,803,000. Fleet Anti-Air Warfare Training Center, Dam Neck, Virginia: Training facilities, $2,128,000. Naval Training Center, Great Lakes, Illinois: Training facilities, $24,000. Fleet Training Center, Newport, Rhode Island: Utilities, $167,000. Naval Training Center, location to be determined: Training facilities, medical facilities, troop housing, and utilities and ground improvements, $14,900,000. Fleet Anti-Submarine Warfare Training Facility, Pearl Harbor, Oahu, Hawaii: Training facilities, $452,000. Naval Training Center, San Diego, California: Troop housing, and utilities, $5,727,000. Nuclear Weapons Training Center, Pacific, San Diego, California: Training facilities, $44,000. MEDICAL

FACILITIES

Naval Hospital, Chelsea, Massachusetts: Hospital and medical facilities, $9,300,000. Naval Hospital, Memphis, Tennessee: Hospital and medical facilities, and troop housing, $6,847,000.

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Naval Submarine Medical Center, New London, Connecticut: Hospital and medical facilities, $4,957,000. Naval Hospital, Portsmouth, Virginia: Community facilities, $48,000. COMMUNICATION FACILITIES

Naval Communication Station, Adak, Alaska: Troop housing, $1,197,000. Naval Radio Station, Northwest, Virginia: Utilities, $132,000. Various locations: Operational facilities, $1,057,000. OFFICE OF NAVAL RESEARCH F A C I L I T I E S

Naval Arctic Research Laboratory, Barrow, Alaska: Research, development, and test facilities, administrative facilities, troop housing and community facilities, and utilities, $3,000,000. NAVAL F A C I L I T I E S E N G I N E E R I N G COMMAND

Naval Construction Battalion Center, Davisville, Rhode Island: Operational facilities, $66,000. OUTSIDE THE UNITED STATES NAVAL S H I P SYSTEMS COMMAND

Atlantic Undersea Test and Evaluation Center, West Indies: Research, development, and test facilities, supply facilities, troop housing, and utilities and ground improvements, $1,371,000. NAVAL AIR SYSTEMS COMMAND

Naval Air Station, Agana, Guam, Mariana Islands: Maintenance facilities, and community facilities, $159,000. Naval Air Station, Cubi Point, Republic of the Philippines: Troop housing, $530,000. Naval Air Station, Guantanamo Bay, Cuba: Troop housing, $2,333,000. Naval Station, Keflavik, Iceland: Operational facilities, $203,000. Naval Air Facility, Naples, Italy: Operational facilities, $37,000. Naval Station, Roosevelt Roads, Puerto Rico: Troop housing, $1,142,000. M A R I N E CORPS F A C I L I T I E S

Camp Smedley D. Butler, Okinawa: Supply facilities, administrative facilities, and community facilities, $1,056,000. MEDICAL F A C I L I T I E S

Naval Hospital, Guantanamo Bay, Cuba: Supply facilities, and medical facilities, $279,000. COMMUNICATION FACILITIES

Naval Communication Station, Nea Makri, Greece: Troop housing and community facilities, $363,000. Naval Communication Station, North West Cape, Australia: Operational facilities, and troop housing, $708,000.

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Naval Communication Station, San Miguel, Republic of the Philippines: Troop housing, $476,000. Naval Radio Station, Totsuka, J a p a n: Operational facilities, $576,000. Various locations: Operational facilities, $715,000. SEC. 202. The Secretary of the Navy may establish or develop classi- euslm^id'^inst'ai-'^ tied naval installations and facilities by acquiring, converting, rehabili- Tauon's!* tating, or installing permanent or temporary public works, including land acquisition, site preparation, appurtenances, utilities, and equipment in the total amount of $13,788,000. SEC. 203. The Secretary of the Navy may establish or develop Navy, construction >

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installations and facilities by proceeding with construction made neces- requirements. sary by changes in Navy missions and responsibilities which have been occasioned by: (a) unforeseen security considerations, (b) new weapons developments, (c) new and unforeseen research and development requirements, or (d) improved production schedules, if the Secretary of Defense determines that deferral of such construction for inclusion in the next military construction authorization Act would be inconsistent with interests of national security, and in connection therewith to acquire, construct, convert, rehabilitate, or install permanent or temporary public w'orks, including land acquisition, sit© preparation, appurtenances, utilities, and equipment, in the total amount of $10,000,000: Provided, That the Secretary of the Navy, or his designee, ciL°mmee*i°" °^ shall notify the Committees on Armed Services of the Senate and House of Representatives, immediately upon reaching a final decision to implement, of the cost of construction of any public work undertaken under this section, including those real estate actions pertaining thereto. This authorization will expire as of September 30, 1967, except for those public works projects concerning which the Committees on Armed Services of the Senate and House of Representatives have been notified pursuant to this section prior to that date. SEC. 204. (a) Public Law 88-174, as amended, is amended in section 201 under the heading "INSIDE THE UNITED STATES" and subheading ^^ Stat. 312. "NAVAL WEAPONS FACILITIES (Field Support Stations)", with respect to the Naval A i r Station, Cecil Field, Florida, and the Naval A i r Station, Norfolk, Virginia, by striking out "$150,000" and "$3,242,000", respectively, and inserting in place thereof "$182,000" and "$3,640,000", respectively. (b) Public Law 88-174, as amended, is amended by striking out in 78 Stat. 35 1. clause (2) of section 602 "$115,601,000" and "$202,500,000", and inserting in place thereof "$116,031,000" and "$202,930,000", respectively. 79 Stat. 797. SEC. 205. (a) Public Law 89-188 is amended in section 201 under the heading "INSIDE THE UNITED STATES" and subheading "BUREAU OF SHIPS FACILITIES", with respect to the Naval Shipyard^ Boston, Massachusetts, by striking out "$5,105,000" and inserting in place thereof "$7,998,000". (b) Public Law 89-188 is amended by striking out in clause (2) of 79 Stat. 815. section 602 "$225,877,000" and "$311,412,000", and inserting in place thereof "$228,770,000" and "$314,305,000", respectively. TITLE III SEC. 301. The Secretary of the Air Force may establish or develop military installations and facilities by acquiring, constructing, converting, rehabilitating, or installing permanent or temporary public works, including site preparation, appurtenances, utilities, and equipment, for the following projects.

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INSIDE THE UNITED STATES AIR DEFENSE COMMAND

Duluth Municipal Airport, Duluth, Minnesota: Troop housing, $260,000. Hamilton Air Force Base, San Rafael, California: Utilities, $422,000. McChord Air Force Base, Tacoma, Washington: Operational facilities and maintenance facilities, $528,000. NORAD Headquarters, Colorado Springs, Colorado: Operational facilities, $3,547,000. Perrin Air Force Base, Sherman, Texas: Maintenance facilities, $61,000. Peterson Field, Colorado Springs, Colorado: Maintenance facilities, $53,000. Stewart Air Force Base, Newburgh, New York: Operational facilities and utilities, $154,000. Tyndall Air Force Base, Panama City, Florida: Maintenance facilities, troop housing, and community facilities, $1,280,000. AIR FORCE LOGISTICS

COMMAND

Griffiss Air Force Base, Rome, New York: Research, development, and test facilities, $225,000. Hill Air Force Base, Ogden, U t a h: Ox)erational facilities, maintenance facilities, research, development and test facilities, supply facilities, administrative facilities, troop housing, and utilities, $1,504,000. Kelly Air Force Base, San Antonio, Texas: Operational facilities, administrative facilities and utilities, $450,000. McClellan Air Force Base, Sacramento, California: Operational facilities and maintenance facilities, $1,008,000. Robins Air Force Base, Macon, Georgia: Maintenance facilities, $154,000. Tinker Air Force Base, Oklahoma City, Oklahoma: Maintenance facilities, troop housing, and utilities, $2,615,000. Wright-Patterson Air Force Base, Dayton, Ohio: Operational facilities, research, development, and test facilities, administrative facilities, troop housing, and utilities, $5,100,000. AIR FORCE SYSTEMS COMMAND

Arnold Engineering Development Center, Tullahoma, Tennessee: Operational facilities, research, development, and test facilities, $2,835,000. Edwards Air Force Base, Muroc, California: Research, development, and test facilities, $3,366,000. Eglin Air Force Base, Valparaiso, Florida: Training facilities, maintenance facilities, research, development, and test facilities, supply facilities, and hospital facilities, $6,277,000. Eglin Auxiliary Airfield Number 9, Valparaiso, Florida: Maintenance facilities and utilities, $705,000. Holloman Air Force Base, Alamogordo, New Mexico: Operational facilities, maintenance facilities, research, development, and test facilities, troop housing, and community f aciliti^, $4,575,000. Los Angeles Air Force Station, Los Angeles, California: Administrative facilities, $195,000.

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Patrick Air Force Base, Cocoa, Florida: Operational facilities and supply facilities, $484,000. Various locations: Operational facilities, troop housing, and utilities, $1,192,000. AIR T II A I N I N G COMMAND

Chanute Air Force Base, Kantoul, Illinois: Training facilities and utilities, $586,000. Craig Air Force Base, Selma, Alabama: Maintenance facilities, $226,000. Laredo Air Force Base, Laredo, Texas: Maintenance facilities, $220,000. Laughlin Air Force Base, Del Rio, Texas: Operational and training facilities and maintenance facilities, $675,000. Lowry Air Force Base, Denver, Colorado: Training facilities and utilities, $2,295,000. Mather Air Force Base, Sacramento, California: Operational and training facilities, maintenance facilities and troop housing, $2,359,000. Moody Air Force Base, Valdosta, Georgia: Maintenance facilities, $225,000. Randolph Air Force Base, San Antonio, Texas: Maintenance facilities, $236,000. Reese Air Force Base, Lubbock, Texas: Operational and training facilities and maintenance facilities, $546,000. Sheppard Air Force Base, Wichita Falls, Texas: Operational and Training facilities, maintenance facilities, and troop housing, $1,935,000. Vance Air Force Base, Enid, Oklahoma: Operational facilities and maintenance facilities, $1,169,000. Webb Air Force Base, Big Spring, Texas: Maintenance facilities, $226,000. Williams Air Force Base, Chandler, Arizona: Maintenance facilities, $331,000. A L A S K A N AIR

COMMAND

Eielson Air Force Base, Fairbanks, Alaska: Operational facilities and utilities, $1,655,000. Elmendorf Air Force Base, Anchorage, Alaska: Operational facilities and utilities, $1,265,000. Various locations: Operational facilities, maintenance facilities, supply facilities, troop housing, and utilities, $1,200,000. HEADQUARTERS

COMMAND

Andrews Air Force Base, Camp Springs, Maryland: Operational facilities, maintenance facilities, and utilities, $1,033,000. MILITARY AIRLIFT COMMAND

Charleston Air Force Base, Charleston, South Carolina: Operational facilities, $212,000. Dover Air Force Base, Dover, Delaware: Utilities, $250,000. McGuire Air Force Base, Wrightstown, New Jersey: Maintenance facilities, $1,920,000. Norton Air Force Base, San Bernardino, California: Operational and training facilities, maintenance facilities, supply facilities, and troop housing, $7,706,000. Travis Air Force Base, Fairfield, California: Operational facilities, $374,000. 65-300 0-67—50

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PACIFIC AIR FORCE

Hickam Air Force Base, Honolulu, Hawaii: Supply facilities, $193,000. STRATEGIC AIR

COMMAND

Barksdale Air Force Base, Shreveport, Louisiana: Maintenance facilities, troop housing and utilities, $1,263,000. Bunker Hill Air Force Base, Peru, Indiana: Operational facilities, $106,000. Carswell Air Force Base, Fort Worth, Texas: Training facilities and maintenance facilities, $1,231,000. Castle Air Force Base, Merced, California: Maintenance facilities, supply facilities, and troop housing, $2,203,000. Columbus Air Force Base, Columbus, Mississippi: Training facilities and utilities, $194,000. Davis-Monthan Air Force Base, Tucson, Arizona: Maintenance facilities and utilities, $444,000. Ellsworth Air Force Base, Rapid City, South Dakota: Maintenance facilities, $397,000. Grand Forks Air Force Base, Grand Forks, North Dakota: Operational facilities, maintenance facilities, and troop housing, $941,000. Little Rock Air Force Base, Little Rock, Arkansas: Operational facilities and supply facilities, $361,000. Malmstrom Air Force Base, Great Falls, Montana: Maintenance facilities and troop housing, $1,618,000. March Air Force Base, Riverside, California: Operational facilities, maintenance facilities, supply facilities, and troop housing, $3,240,000. McCoy Air Force Base, Orlando, Florida: Maintenance facilities, $199,000. Minot Air Force Base, Minot, North Dakota: Troop housing, $440,000. Offutt Air Force Base, Omaha, Nebraska: Administrative facilities and utilities, $762,000. Vandenberg Air Force Base, Lompoc, California: Operational facilities, and utilities, $186,000. Westover Air Force Base, Chicopee Falls, Massachusetts: Troop housing and utilities, $350,000. Wurtsmith Air Force Base, Oscoda, Michigan: Operational facilities and troop housing, $358,000. TACTICAL AIR COMMAND

Ber^strom Air Force Base, Austin, Texas: Operational and training facilities, maintenance facilities, administrative facilities, and troop housing, $4,487,000. Cannon Air Force Base, Clovis, New Mexico: Maintenance facilities, troop housing, and real estate, $2,147,000. England Air Force Base, Alexandria, Louisiana: Operational and training facilities, maintenance facilities, and utilities, $2,187,000. George Air Force Base, Victorville, California: Training facilities and administrative facilities, $598,000. Langley Air Force Base, Hampton, Virginia: Utilities, $468,000. Luke Air Force Base, Phoenix, Arizona: Maintenance facilities, $203,000. MacDill Air Force Base, Tampa, Florida: Maintenance facilities, $1,006,000. McConnell Air Force Base, Wichita, Kansas: Training facilities and real estate, $609,000.

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Myrtle Beach Air Force Base, Myrtle Beach, South Carolina: Operational and training facilities and maintenance facilities, $371,000. Nellis Air Force Base, Las Vegas, Nevada: Training facilities and maintenance facilities, $1,165,000. Shaw Air Force Base, Sumter, South Carolina: Maintenance facilities, $473,000. UNITED STATES AIR FORCE ACADEMY

United States Air Force Academy, Colorado Springs, Colorado: Troop housing and utilities, $10,758,000. AIRCRAFT CONTROL AND W A R N I N G SYSTEM

Various locations: Maintenance facilitieSj supply facilities, medical facilities, troop housing, community facilities, utilities, and real estate, $3,713,000. UNITED STATES AIR FORCE SECURITY SERVICE

Goodfellow Air Force Base, San Angelo, Texas: Community facilities, $493,000. OUTSIDE THE UNITED STATES AIR DEFENSE COMMAND

Various locations: Operational facilities, $238,000. MILITARY AIRLIFT COMMAND

Various locations: Utilities, $396,000. P A C I F I C AIR FORCE

Various locations: Operational facilities, supply facilities, troop housing, community facilities, and utilities, $6,189,000. STRATEGIC AIR COMMAND

Andersen Air Force Base, Guam: Operational facilities, $22,000. Kamey Air Force Base, Puerto Rico: Real estate, $63,000. Various locations: Maintenance facilities and community facilities, $1,303,000. UNITED STATES AIR FORCES I N EUROPE

Various locations: Operational and training facilities, maintenance facilities, supply facilities, troop housing, and utilities, $3,513,000. UNITED STATES AIR FORCE S O U THE R N COMMAND

Howard Air Force Base, Canal Zone: Operational facilities and utilities, $1,244,000. UNITED STATES AIR FORCE SECURITY SERVICE

Various locations: Operational facilities, maintenance facilities, supply facilities, troop housing, and utilities, $1,123,000. Establishment S E C 302. The Secretary of the Air Force may establish or develop classified instal-of classified military installations and facilities by acquiring, construct- TaUons ing, converting, rehabilitating, or installing permanent or temporary public works, including land acquisition, site preparation, appurtenances, utilities, and equipment in the total amount of $76,825,000.

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Notification of committees.

76 Stat. 234.

77 Stat. 322.

78 Stat. 354.

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SEC. 303. The Secretary of the Air Force may establish or develop Air Force installations and facilities by proceeding with construction made necessary by changes in Air Force missions and responsibilities which have been occasioned by (a) unforeseen security considerations, (b) new weapons developments, (c) new and unforeseen research and development requirements, or (d) improved production schedules, if the Secretary of Defense determines that deferral of such construction for inclusion in the next military construction authorization Act would be inconsistent with interests of national security, and in connection therewith to acquire, construct, convert, rehabilitate, or install permanent or temporary public works, including land ac(|uisition, site preparation, appurtenances, utilities, and equipment, in the total amount of $10,000,000: Provided, That the Secretary of the Air Force or his designee, shall notify the Committees on Armed Services of the Senate and House of Representatives, immediately upon reaching a final decision to implement, qf the cost of construction of any public work undertaken under this section, including those real estate actions pertaining thereto. This authorization will expire as of September 30, 1967, except for those public works projects concerning which the Committees on Armed Services of the Senate and House of Representatives have been notified pursuant to this section prior to that date. SEC. 304. (a) Public Law 87-554, as amended, is amended in section 301 under the heading "INSIDE THE UNITED STATES" and subheading "TACTICAL AIR COMMAND", with respect to Nellis Air Force Base, Las Vegas, Nevada, by striking out "$3,136,000" and inserting in place thereof "$3,416,000". (b) Public Law 87-554, as amended, is amended by striking out in clause (3) of section 602 the amounts "$131,679,000'^^ and "$743,407,000" and inserting in place thereof "$131,959,000" and "$743,687,000", respectively. SEC. 305. (a) Public Law 88-390 is amended in section 301 under the heading "INSIDE THE UNITED STATES" and subheading "MILITARY AIR TRANSPORT SERVICE", with respect to McGuire Air Force Base, Wrightstown, New Jersey, by striking out "$687,000" and inserting in place thereof "$786,000". (b) Public Law 88-390 is amended by striking out in clause (3) of section 602 the amounts "$165,228,000" and "$303,348,000" and inserting in place thereof "$165,327,000" and "$303,447,000", respectively. TITLE IV

Defense agencies.

SEC. 401. The Secretary of Defense may establish or develop military installations and facilities by acquiring, constructing, converting, rehabilitating, or installing permanent or temporary public works, including site preparation, appurtenances, utilities, and equipment, for defense agencies for the following projects: INSIDE THE UNITED STATES DEFENSE ATOMIC SUPPORT AGENCY

Armed Forces Radiobiology Research Institute, Bethesda, Maryland: Research, development, and test facilities, $1,890,000. DEFENSE COMMUNICATIONS AGENCY

Headquarters, Defense Communications Agency, Building 12, Navy Department Service Center, Arlington, Virginia: Utilities, $290,000.

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D E F E N S E S U P P L Y AGENCY

Defense Construction Supply Center, Columbus, Ohio: Supply facilities, $59,000. Defense Depot, Memphis, Tennessee: Supply facilities, $171,000. Defense Personnel Support Center, Philadelphia, Pennsylvania: Research, development, and test facilities, $257,000. Defense Depot, Tracy, California: Supply facilities, $50,000. Defense Electronics Supply Center, Dayton, Ohio: Administrative facilities, $428,000. N A T I O N A L SECURITY AGENCY

Fort Meade, Maryland: Troop housing, $550,000. Kent Island, Maryland: Research, development, and test facilities, $30,000. OUTSIDE THE UNITED STATES DEFENSE ATOMIC SUPPORT AGENCY

Johnston Island: Research, development, and test facilities, $1,750,000. N A T I O N A L SECURITY AGENCY

Frankfurt Post, Tanus District, Germany: Operational facilities, $400,000. TITLE V MILITARY FAMILY

HOUSING

L SEC. 501. (a) The first sentence of section 515 of Public Law 84-161 f a c iel iatsiiensg of. (69 Stat. 352), as amended, is amended by striking out "1966 through 79 Stat. 8 1 3. 10 USC 2674 and including 1967" and inserting in lieu thereof "1967 and 1968". note. (b) Such section 515 is further amended by adding at the end there- Hawaii. of a new sentence as follows: " I n addition to the foregoing, not more than 500 housing units may be leased during the fiscal years 1967 and 1968 in the State of Hawaii in order to provide temporary housing relief at or near military installations in such State." Occupancy, SEC. 502. Section 1594j of title 42, United States Code, is amended rental charges. at subsection (a) by deleting the period at the end thereof, substituting 71 Stat. 556. a colon therefor, and adding the following: '"''Provided, That notwithstanding the fair rental value of such quarters, or of any other housing facilities under the jurisdiction of a department or agency of the United States, no rental charge for occupancy of family units designated as other than public quarters shall be made against the basic allowance for quarters of a member of a uniformed service in excess of 75 per centum of such allowance, except that in no event shall the net rental value charged to the member's Ibasic allowance for quarters be less than the costs of maintaining and operating the housing." SEC. 503. There is authorized to be appropriated for use by the Appropriation. Secretary of Defense or his designee as authorized by law for support of military family housing, including operating expenses, leasing, maintenance of real property, payments of principal and interest on mortgage debts incurred, payments to the Commodity Credit Corporation and mortgage insurance premiums authorized under section 222 of the National Housing Act, as amended (12 U.S.C. 1715m), 68 Stat. 6 0 3. an amount not to exceed $511,196,000.

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TITLE VI GENERAL Construction authority.

Waiver of restrictions. 70A Stat. 269, 590.

Appropriation.

Cost v a r i a t i o n s.

Contracts. 70A Stat. 132.

Contract supervision.

PROVISIONS

SEC. 601. The Secretary of each military department may proceed to establish or develop installations and facilities under this Act without regard to section 3648 of the Revised Statutes, as amended (31 U.S.C. 529), and sections 4774(d) and 9774(d) of title 10, United States Code. The authority to place permanent or temporary improvements on land includes authority for surveys, administration, overhead, planning, and supervision incident to construction. That authority may be exercised before title to the land is approved under section 355 of the Revised Statutes, as amended (40 U.S.C. 255), and even though the land is held temporarily. The authority to acquire real estate or land includes authority to make surveys and to acquire land, and interests in land (including temporary use), by gift, purchase, exchange of Government-owned land, or otherwise. SEC. 602. There are authorized to be appropriated such sums as may be necessary for the purposes of this Act, but appropriations for public works projects authorized by titles I, II, III, IV, and V shall not exceed— (1) for title I: Inside the United States, $57,219,000; Outside the United States, $36,141,000; section 102, $33,000,000; or a total of $126,360,000. (2) for title II: Inside the United States, $114,138,000; Outside the United States, $9,948,000; section 202, $13,788,000; or a total of $137,874,000. (3) for title III: Inside the Ignited States, $107,098,000; Outside the United States, $14,091,000; section 302, $76,825,000; or a total of $198,014,000. (4) for title IV: a total of $5,875,000. (5) for title V: Military Family Housing, a total of $511,196,000. SEC. 603. Any of the amounts named in titles I, II, III, and IV of this Act, may, in the discretion of the Secretary concerned, be increased by 5 per centum for projects inside the United States (other than Alaska) and by 10 per centum for projects outside the United States or in Alaska, if he determines in the case of any particular project that such increase (1) is required for the sole purpose of meeting unusual variations in cost arising in connection with that project, and (2) could not have been reasonably anticipated at the time such project was submitted to the Congress. However, the total costs of all projects in each such title may not be more than the total amount authorized to be appropriated for projects in that title. SEC. 604. Whenever— (1) the President determines that compliance with section 2313 (b) of title 10, United States Code, for contracts made under this Act for the establishment or development of military installations and facilities in foreign countries would interfere with the carrying out of this Act; and (2) the Secretary of Defense and the Comptroller General have agreed upon alternative methods of adequately auditing those contracts; the President may exempt those contracts from the requirements of that section. SEC. 605. Contracts for construction made by the Tmited States for performance within the United States and its possessions under this Act shall be executed under the jurisdiction and supervision of the

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PUBLIC LAW 89-568-SEPT. 12, 1966

Corps of Engineers, Department of the Army, or the Naval Facilities Engineering Command, Department of the Navy, unless the Secretary of Defense or his designee determines that because such jurisdiction and supervision is wholly impracticable such contracts should be executed under the jurisdiction and supervision of another department or Government agency, and shall be awarded, insofar as practicable, on a competitive basis to the lowest responsible bidder, if the national security will not be impaired and the award is consistent with chapter 137 of title 10, United States Code. Regulations issued by the Secretary of Defense implementing the provisions of this section shall provide the department or agency requiring such construction with the right to select either the Corps of Engineers, Department of the Army, or the Naval Facilities Engineering Command, Department of the Navy, as its construction agent, providing that under the facts and circumstances that exist at the time of the selection of the construction agent, such selection will not result in any increased cost to the United States. The Secretaries of the military departments shall report semiannually to the President of the Senate and the Speaker of the House of Representatives with respect to all contracts awarded on other than a competitive basis to the lowest responsible bidder. SEC. 606. (a) Notwithstanding the repeal provisions of section 606 of the Act of September 16, 1965, Public Law 89-188 (79 Stat. 815), all authorizations for military public works (other than family housing), contained in the Act of August 1, 1964, Public Law 88-390 (78 Stat. 363), and all such authorizations contained in the Act of September 16, 1965, Public Law 89-188, including prior authorizations extended by section 606(a)(3) of said Act of September 16, 1965, to be accomplished by the Secretary of a military department in connection with the establishment or development of military installations and facilities, and all authorizations for appropriations therefor, and not superseded or otherwise modified, are hereby authorized, and shall remain in full force and effect until October 1, 1968. (b) Notwithstanding the provisions of section 606 of the Act of September 16, 1965, Public Law 89-188 (79 Stat. 815), effective October 1, 1968, all authorizations for construction of family housing which are contained in this Act or the Act of September 16, 1965, Public Law 89-188, including prior authorizations for construction of family housing saved from repeal by the provisions of section 606(b) of such Act of September 16, 1965, are repealed except the authorization for family housing projects as to which funds have been obligated for construction contracts or land acquisitions or manufactured structural component contracts in whole or in part before such date. SEC. 607. Notwithstanding any other provision of law, none of the military public works authorized by title I, II, III, or IV of this Act may be placed under contract until such time as those military public works previously authorized by law, and for which funds have been appropriated and for which the authorization has been extended by section 606 of this Act, have been placed under contract. The foregoing provision shall not apply to military public works previously authorized by law which have heretofore been deferred and which are certified by the Secretary of Defense to be no longer current and necessary to the mission of the militarv department or military installation concerned. Certifications by the Secretary of Defense under this section shall be made in writing to the Committees on Armed Services of the Senate and House of Representatives. Notwithstanding the foregoing provisions of this section, any military public work authorized by title I, II, III, or IV of this Act may

70A Stat. 127. 10 USC 23012314.

Reports to Congress.

Authorizations continued.

Repeals, exception.

Priority of projects.

Notification of committees,. Exception.

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text:
Page:United States Statutes at Large Volume 80 Part 1.djvu/792

 756 Notification of committees.

76 Stat. 511; 79 Stat. 819. Unit c o s t limitations.

Fallout protection.

BollingAnacostia complex. Leasing arrangement. 7 9 Stat. 818.

Report to committees.

Advance plair ning and design projects. Reports to committees. 69 Stat. 352.

PUBLIC LAW 89-568-SEPT. 12, 1966

[80

STAT.

be placed under contract if the Secretary of Defense determines and certifies in writing to the Committees on Armed Services of the Senate and the House of Representatives that such project is (1) urgently required in the interests of national defense, and (2) more essential to the interests of national defense than those military public works previously authorized by law, described in the first sentence of this section. SEC. 608. The last sentence of section 2674(a) of title 10, United States Code, as amended, is amended by changing the figure "$15,000" to "$25,000". SEC. 609. None of the authority contained in titles I, II, III, and IV of this Act shall be deemed to authorize any building construction project inside the United States (other than Alaska) at a unit cost m excess of— (1) $32 per square foot for cold-storage warehousing; (2) $8 per square foot for regular warehousing; (3) $2,300 per man for permanent barracks; (4) $8,500 per man for bachelor officer quarters; unless the Secretary of Defense or his designee determines that, because of special circumstances, application to such project of the limitations on unit costs contained in this section is impracticable. SEC. 610. (a) On and after the date of enactment of this Act all construction authorized in annual military construction authorization Acts shall be designed using techniques developed by the Office of Civil Defense to maximize fallout protection, where such can be done without impairing the purpose for which the construction is authorized or the effectiveness of the structure, unless exempted from this requirement under regulations prescribed by the Secretary of Defense or his designee. (b) The Secretary of Defense shall make appropriate provision for the utilization of technical design and construction methods in the preparation of design and construction plans and in construction under this Act, to assure carrying out the purposes of this section; and for such purposes expenditures on individual projects shall not exceed one per centum of the amount authorized for that project. SEC. 611. Section 607(b) of Public Law 89-188 is amended by deleting the words "July 1, 1967" and inserting in lieu thereof the words "December 31, 1970" and adding at the end thereof "nor shall any of this land be set aside or committed by the Department of Defense for use by any other agency of the Federal Government other than the Department of Defense. However, the Department of Defense may, if and when directed by the President, enter into a leasing arrangement with the Federal Aviation Agency for a period not to extend beyond December 31, 1970, and subject to a one-year revocation provision whereby the Federal Aviation Agency or its designee may operate the runways, taxiways, hangars, parking aprons, and other related facilities at the BoUmg-Anacostia complex for appropriate aviation purposes. The said lease shall not include facilities which are required for military activities. Such leasing arrangements shall be be reported to the Committees on Armed Services of the Senate and the House of Representatives." SEC. 612. I n the case of any public works project for which advance planning, construction design and architectural services are estimated to cost $150,000 or more, which are to be funded from moneys hereafter appropriated for such purposes pursuant to authority or section 723 of title 31, U.S.C., the Secretary of Defense shall describe the project and report the estimated cost of such services not less than 30

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Page:United States Statutes at Large Volume 80 Part 1.djvu/793

 80 STAT. ]

PUBLIC LAW 89-568-SEPT. 12, 1966

days prior to initial obligation of funds therefor to the Committees on Armed Services of the Senate and House of Representatives. SEC. 613. Section 611 of the Military Construction Authorization Act, 1966 (79 Stat. 818), is amended to read as follows: " (a) No camp, post, station, base, yard, or other installation under the authority of the Department of Defense shall be closed or abandoned until the expiration of thirty days of continuous session of the Congress following the date on which the Secretary of Defense or the Secretary of a military department makes a full report of the facts including the justification for such proposed action to the Congress. " (b) For the purposes of subparagraph (a) continuity of session shall be considered as broken only by an adjournment of the Congress sine die; but in the computation of the thirty-day period there shall be excluded the days on which either House is not in session because of an adjournment of more than three days to a day certain. "(c) This section shall apply only to posts, camps, stations, bases, yards, or other installations tnat are located in the United States and Puerto Rico and have a total military and civilian complement of more than two hundred and fifty. I t shall not apply to any facility used primarily for river and harbor projects or flood control projects." SEC. 614. The Secretary of Defense is authorized and directed to make a comprehensive study with respect to the desirability of (1) transferring the Defense Language Institute from the Washington, D.C. area to the lands formerly constituting Biggs Air Force Base, Texas, and (2) demolishing the four existing piers at the Boston Naval Shipyard, Boston, Massachusetts, and constructing three new piers and carrying out related operations associated therewith at such shipyard. The Secretary shall report the findings of such study, together with such recommendations as he deems appropriate, to the Committees on Armed Services of the Senate and the House of Representatives not later than six months after the date of enactment of this Act. SEC. 615. Titles I, II, III, IV, V, and VI of this Act may be cited as the "Military Construction Authorization Act, 1967".

757

iHei'^^e"!."'^^''"" Report to Con^""^Q^USC 2662 note.

guagl^"ns^uutT. Boston Navai ^'"s^j^e's authorized.

Report to '^°'"'"^ ^^®'

^.g^*,^*^"" °^

TITLE VII RESERVE FORCES FACILITIES

SEC. 701. Subject to chapter 133 of title 10, United States Code, the Secretary of Defense may establish or develop additional facilities for the Reserve Forces, including the acquisition of land therefor, but the cost of such facilities shall not exceed— (1) for the Department of the Navy: Naval and Marine Corps Reserves, $5,000,000. (2) for Department of the Air Force: (a) Air National Guard of the United States, $8,900,000. (b) Air Force Reserve, $3,300,000. SEC. 702. The Secretary of Defense may establish or develop installations and facilities under this title without regard to section 3648 of the Revised Statutes, as amended (31 U.S.C. 529), and sections 4774 (d) and 9774(d) of title 10, United States Code. The authority to place permanent or temporary improvements on land includes authority for surveys, administration, overhead, planning, and supervision incident to construction. That authority may be exercised before title to the land is approved under section 355 of the Revised Statutes, as amended (40 U.S.C. 255), and even though the land is held temporarily. The authority to acquire real estate or land includes

pa^mtTeIu!''" thorization Act, ^^^^J^ g^^^ ^20 10 USC 2231.'

thor°ity.*"'''*'°" ^"' waiver of re^t^ictions. ^^^^ Stat. 269.

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Page:United States Statutes at Large Volume 80 Part 1.djvu/794

 758

Citation of title.

PUBLIC LAW 89-569-SEPT. 12, 1966

[80

STAT.

authority to make surveys and to acquire land, and interests in land (including temporary use), by gift, purchase, exchange of Government-owned land, or otherwise. SEC. 703. This title may be cited as the "Reserve Forces Facilities Authorization Act, 1967". Approved September 12, 1966. Public Law 89-569

September 12, 1966

[H. R. 15858]

D.C. Shaw Junior High School, replacement s i t e. 60 Stat. 79 4.

42 USC 14501468.

AN

ACT

rj^fy amend section 6 of the District of Columbia Redevelopment Act of 1945, to authorize early land acquisition for the purpose of acquiring a site for a replacement of Shaw Junior High School.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 6 of the District of Columbia Redevelopment Act of 1945 (District of Columbia Code, sec. 5-705) is amended by adding at the end thereof the following new subsection: "(e) Prior to the adoption of an urban renewal plan by the Planning Commission and approval by the District Commissioners, the Agency may exercise the powers granted to it by this Act, for the acquisition and disposition of real property, the demolition and removal of buildings or structures, the relocation of site occupants, and the construction of site improvements for the purpose of providing a site for a new facility to replace Shaw Junior High School within the boundaries which may be established for any urban renewal project area: Provided, That (1) the District Commissioners, after a public hearing, and the Planning Commission approve the acquisition and disposition of all such property or properties; and (2) the District Commissioners agree to assume the responsibility to bear any loss that may arise as a result of the exercise of authority under this subsection in the event that the property is not used for urban renewal purposes because the urban renewal plan is not approved by all appropriate authorities or because such urban renewal plan, as approved by all appropriate authorities does not include such property or properties or IS amended to omit any of the acquired property, or is abandoned for any reason. The District Commissioners and the appropriate agencies operating within the District of Columbia are authorized to do any and all things necessary to secure financial assistance under title I of the Housing Act of 1949, as amended, to acquire and prepare a site for a new facility to replace Shaw Junior High School. The District Commissioners are authorized to assume the responsibilities described in this subsection and, to carry out the purposes of this subsection, the District Commissioners and the Agency are authorized to borrow money pursuant to the early land acquisition provisions of title I of the Housing xAct of 1949, as amended, and to issue obligations evidencing such loans and to make such pledges as may be required to secure such loans." Approved September 12, 1966.

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Page:Ecclesiastical History of Eusebius Pamphilus, 1842.djvu/462

430 Since it neither escapes your diligence, that I show such regard for the holy catholic church, that I wish you, upon the whole, to leave no room for schism or division. May the power of the great God preserve you many years, most esteemed."

" Chrestus bishop of Syracuse. As there were some already before who perversely and wickedly began to waver in the holy religion and celestial virtue, and to abandon the doctrine of the catholic (universal) church, desirous, therefore, of preventing such disputes among them, I had thus written, that this subject, which appeared to be agitated among them, might be rectified, by delegating certain bishops from Gaul, and summoning others of the opposite parties from Africa, who are pertinaciously and incessantly contending with one another, that by a careful examination of the matter in their presence, it might thus be decided. But since, as it happens, some, forgetful of their own salvation, and the reverence due to our most holy religion, even now do not cease to protract their own enmity, being unwilling to conform to the decision already promulgated, and asserting that they were very few that advanced their sentiments and opinions, or else that all points which ought to have been first fully discussed not being first examined, they proceeded with too much haste and precipitancy to give publicity to the decision. Hence it has happened, that those very persons who ought to exhibit a brotherly and peaceful unanimity, rather disgracefully and detestably are at variance with one another, and thus give this occasion of derision to those that are without, and whose minds are averse to our most holy religion. Hence it has appeared necessary to me to provide that this matter, which ought to have ceased after the decision was issued by their own voluntary agreement, now, at length, should be fully terminated by the intervention of many.

"Since, therefore, we have commanded many bishops to meet


text:
Page:United States Statutes at Large Volume 80 Part 1.djvu/795

 80 STAT. ]

PUBLIC LAW 8 9 - 5 7 0 - S E P T. 12, 1966

759

Public Law 89-570 AN ACT

Relating to the income tax treatment of exploration expenditures in the case

September 12, 1966

[H. R. 466 5]—

of niiiiini?.

Be it enacted by the Senate mid Iloin^e of Repf-eHeniat'iveH of the Income tax e s. Vruted States of America m (Umgress aa-sembled^ That (a) part I Mining exploraof subchapter I of chapter 1 of the Internal Revenue Code of 195-i tio'n exp^endliurTs (relating to natural resources) is amended by adding at the end ^l^,,V'^^i^?l\^ \

p

-,

P ii

•

•

^O U s e 6 11-616

thereof the following nevr section: "SEC. 617. ADDITIONAL EXPLORATION EXPENDITURES IN THE CASE OF DOMESTIC MINING. •'(a) ALLOWANCE or DEDUCTION.— " (1) GENERAL RULE.—At the election of the taxpayer, expendi-

tures paid or incurred during the taxable year for the purpose of ascertaining the existence, location, extent, or quality of any deposit of ore or other mineral in the United States or on the Outer Continental Shelf (within the meaning of section 2 of the Outer Continental Shelf Lands Act, as amended and supplemented; 43 U.S.C. 1331), and paid or incurred before the begin- ^^ ^tat. 462. ning of the development stage of the mine, shall be allowed as;i deduction in computing taxable income. This subsection shall apply only with respect to the amount of such expenditures which, but for this subsection, would not be allowable as a deduction for the taxable year. This subsection shall not apply to expenditures for the acquisition or improvement of property of a character which is subject to the allowance for depreciation provided in section 167, but allowances for depreciation shall be considered, ^^^ ^*^*- ^^• for purposes of this subsection, as expenditures paid or incurred. In no case shall this subsection apply with respect to amounts paid or incurred for the purpose of ascertaining the existence, location, extent, or quality of any deposit of oil or gas or of any mineral with respect to which a deduction for percentage depletion is not allowable under section 613. ^^^ ^^^*- 2°^" (2) ELECTIONS.—

" (A) METHOD.—Any election under this subsection shall be made in such manner as the Secretary or his delegate may by regulations prescribe. " (B) TIME AND SCOPE.—The election provided by paragraph (1) for the taxable year may be made at any time before the expiration of the period prescribed for making a claim for credit or refund of the tax imposed by this chapter for the taxable year. Such an election for the taxable year shall apply to all expenditures described in paragraph (1) paid or incurred by the taxpayer during the taxable year or during any subsequent taxable year. Such an election may not be revoked after the last day of the third month following the month in which the final regulat'ons issued under the authority of this subsection are published in the Federal Register, unless the Secretary or his delegate con::ents to such revocation. " (C) DEFICIENCIES.—The statutory period for the assessment of any deficiency for any taxable year, to the extent such deficiency is attributaWe to an election or revocation of an election under this subsection, shall not expire before the last day of the 2-year period beginning on the day after the date on which such election or revocation of election is

Regulations.

Publication in Federal Register.

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Page:United States Statutes at Large Volume 80 Part 1.djvu/796

 760

PUBLIC LAW 89.570-SEPT. 12, 1966

[80 STAT.

made; and such deficiency may be assessed at any time before the expiration of such 2-year period, notwithstanding- any law or rule of law which would otherwise prevent such assessment. " (b) RECAPTURE ON REACHING PRODUCING STAGE.—

68A Stat. 207.

"(1) RECAPTURE,—If, in any taxable year, any mine with respect to which expenditures were deducted pursuant to subsection (a) reaches the producing stage, then— " (A) If the taxpayer so elects with respect to all such mines reaching the producing stage during the taxable year, he shall include in gross income for the taxable year an amount equal to the adjusted exploration expenditures with respect to such mines, and the amount so included in income shall be treated for purposes of this subtitle as expenditures which (i) are paid or incurred on the respective dates on which the mines reach the producing stage, and (ii) are properly chargeable to capital account. " (B) If subparagraph (A) does not apply with respect to any such mine, then the deduction for depletion under section 611 wdtli respect to the property shall be disallowed until the amount of depletion which would be allowable but for this subparagraph equals the amount of the adjusted exploration expenditures with respect to such mine. "(2)

ELECTIONS.—

" (A) METHOD.—Any election under this subsection shall be made in such manner as the Secretary or his delegate may by regulations prescribe. " (B) T I M E AND SCOPE.—The election provided by paragraph (1) for any taxable year may be made or changed not later than the time prescribed by law for filing the return (including extensions thereof) for such taxable year. "(c) RECAPTURE IN CASE or BONUS OR ROYALTY.—If an election has been made under subsection (a) with respect to expenditures relating to a mining property and the taxpayer receives or accrues a bonus or a royalty with respect to such property, then the deduction for depletion under section 611 with respect to the bonus or royalty shall be disallowed until the amount of depletion which would be allowable but for this subsection equals the amount of the adjusted exploration expenditures with respect to the property to which the bonus or royalty relates. " (d) G A I N FROM DISPOSITIONS OF CERTAIN MINING PROPERTY.— "(1) GENERAL RULE.—Except as otherwise provided in this sub-

68A Stat. 325.

section, if mining property is disposed of the lower of— " (A) the adjusted exploration expenditures with respect to such property, or " (B) the excess of— " (i) the amount realized (in the case of a sale, exchange, or involuntary conversion), or the fair market value (in the case of any other disposition), over "(ii) the adjusted basis of such property, shall be treated as gain from the sale or exchange of property which is neither a capital asset nor property described in section 1231. Such gain shall be recognized notwithstanding any other provision of this subtitle. " (2) DISPOSITION OF PORTION or PROPERTY.—For purposes of

paragraph (1) — " (A) I n the case of the disposition of a portion of a mining property (other than an undivided interest), the entire amount of the adjusted exploration expenditures with respect

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Page:United States Statutes at Large Volume 80 Part 1.djvu/797

 80 STAT. 1

PUBLIC LAW 89-570-^SEPT. 12, 1966

761

to such property shall be treated as attributable to such portion to the extent of the amount of the gain to which paragraph (1) applies. " (B) I n the case of the disposition of an undivided interest in a mining property (or a portion thereof), a proportionate part of the adjusted exploration expenditures with respect to such property shall be treated as attributable to such undivided interest to the extent of the amount of the gain to which paragraph (1) applies. This paragraph shall not apply to any expenditure to the extent the taxpayer establishes to the satisfaction of the Secretary or his delegate that such expenditure relates neither to the portion (or interest therein) disposed of nor to any mine, in the property held by the taxpayer before the disposition, which has reached the producing stage. " (3) EXCEPTIONS AND LIMITATIONS.—Paragraphs (1), (2), and

(3) of section 1245(b) (relating to exceptions and limitations with respect to gain from disposition of certain depreciable property) shall.apply in respect of this subsection in the same manner and with the same effect as if references in section 1245(b) to section 1245 or any provision thereof were references to this subsection or the corresponding provisions of this subsection and as if references to section 1245 property were references to mining property. "(4) APPLICATION or SUBSECTION.—This subsection shall apply notwithstanding any other provision of this subtitle.

76 Stat. 1032.

" (e) BASIS or PROPERTY.—

"(1) BASIS.—The basis of any property shall not be reduced by the amount of any depletion which would be allowable but for the application of this section. "(2) ADJUSTMENTS.—The Secretary or his delegate shall prescribe such regulations as he may deem necessary to provide for adjustments to the basis of property to reflect gain recognized under subsection (d)(1). "(f) DEFINITIONS.—For purposes of this section— "(1) ADJUSTED EXPLORATION EXPENDITURES.—The tenn 'adjusted exploration expenditures' means, with respect to any property or mine— " (A) the amount of the expenditures allowed for the taxable year and all preceding taxable years as deductions under subsection (a) to the taxpayer or any other person which are properly chargeable to such property or mine and which (but for the election under subsection (a)) would be reflected in the adjusted basis of such property or mine, reduced by " (B) for the taxable year and for each preceding taxable year, the amount (if any) by which (i) the amount which would have been allowable for percentage depletion under section 613 but for the deduction of such expenditures, ^SA Stat. 208. exceeds (ii) the amount allowable for depletion under section 611, 68A Stat. 207. properly adjusted for any amounts included in gross income under subsection (b) or (c) and for any amounts of gain to which subsection (d) applied. "(2) M I N I N G PROPERTY.—The term 'mining property' means any property (within the meaning of section 614 after the appli- SSA Stat. 210; cation of subsections (c) and (e) thereof) with respect to which ''Stat. 1634. any expenditures allowed as a deduction under subsection (a)(1) are properly chargeable.

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Page:United States Statutes at Large Volume 80 Part 1.djvu/798

 762

PUBLIC LAW 89.570-SEPT. 12, 1966 "(3)

68A Stat. 213; 78 Stat. 97.

616^ "^^ ^ " '

SPECIAL RULES RELATING TO PARTNERSHIP PROPERTY.— "(1) PROPERTY DISTRIBUTED TO PARTNER.—In the case of

any property or mine received by the taxpayer in a distribution with respect to part or all of his interest in a partnership, the adjusted exploration expenditures with respect to such property or mine include the adjusted exploration expenditures (not otherwise included under subsection (f)(1)) with respect to such property or mine immediately prior to such distribution, but the adjusted exploration expenditures with respect to any such property or mine shall be reduced by the amount of gain to which section 751 (b) applied realized by the partnership (as constituted after the distribution) on the distribution of such property or mine. "(2) PROPERTY RETAINED BY PARTNERSHIP.—In the case of any property or mine held by a partnership after a distribution to a partner to which section 751(b) applied, the adjusted exploration expenditures with respect to such property or mine shall, under regulations prescribed by the Secretary or his delegate, be reduced by the amount of gain to which section 751(b) applied realized by such partner with respect to such distribution on account of such property or mine. "(h)

76 Stat. 1034. 76 Stat. 1035.

DISPOSAL OF COAL OR DOMESTIC IRON ORE W I T H A RETAINED

ECONOMIC INTEREST.—A transaction which constitutes a disposal of coal or iron ore under section 631(c) shall be treated as a disposition. In such a case, the excess referred to in subsection (d)(1)(B) shall be treated as equal to the gain (if any) referred to in section 631(c). (g)

68A Stat. 250.

[80 STAT.

CROSS REFERENCE.—

"For additional rules applicable for purposes of this section, see subsections (f) and (g) of section 615." (b) The following provisions of the Internal Revenue Code of 1954 are each amended by striking out "section 1245(a)" and inserting in lieu thereof "section 617(d)(1), 1245 (a), ": (^i^ Section 170(e) (relating to charitable contributions). (£) Subsectious (b)(1)(B) (ii) and (d)(2)(B) of section 301 (relating to amount distributed). (3) Paragraph (3) of section 312(c) (relating to adjustments of earnings and profits). (4) Paragraph (12) of section 341(e) (relating to collapsible corporations). (5) Subparagraphs (A) and (B) of section 453(d)(4) (relating to distribution of installment obligations in certain corporate liquidations). (c) The last sentence of section 751(c) of such Code (relating to definition of "unrealized receivables" for purposes of subchapter K) is amended— (1) by striking out "section 1245 property (as defined in section 1245(a)(3)) " and inserting in lieu thereof "mining property (as defined in section 6 1 7 (f)(2)), section 1245 property (as defined in section 1245(a)(3)),", and (2) by striking out "section 1245(a)" and inserting in lieu thereof "section 617(d)(1), 1245(a),". (d) The table of sections for part I of subchapter I of chapter 1 of s^^^ Code is amended by adding after the item relating to section 616 the following new item: "SEC. 617. Additional exploration expenditures in the case of domestic mining."

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Page:United States Statutes at Large Volume 80 Part 1.djvu/799

 80 STAT. ]

PUBLIC LAW 8 9. 5 7 0 - S E P T. 12, 1966

763

SEC. 2. (a) Section 615 of the Internal Revenue Code of 1954 7 4ltf.'^333^^^' (relating to exploration expenditures) is amended by adding at the end thereof the following new subsections: " (e) ELECTION To HAVE SECTION APPLY.—This section (other than subsections (f) and (g)) shall apply only if the taxpayer so elects in such manner as the Secretary or his delegate may by regulations prescribe. Such election shall be made before the expiration of 3 years after the time prescribed by law (determined without any extension thereof) for filing the return for the first taxable year ending after the date of the enactment of this subsection in which expenditures described in subsection (a) are paid or incurred after such date. Such election may not be revoked after the expiration of such 3 years. "(f)

SECTION 615 AND SECTION 617 ELECTIONS To B E MUTUALLY

EXCLUSIVE.—A taxpayer who has made an election under subsection (e) (which he has not revoked) may not make an election under section 617(a). A taxpayer who has made an election under section 617 (a) (which he has not revoked) may not make an election under subsection (e) of this section. "(g)

EFFECT OF TRANSFER OF MINERAL PROPERTY.— "(1) TRANSFER BEFORE ELECTION.—If—

" (A) any person transfers any mineral property to another person in a transaction as a result of which the basis of such property in the hands of the transferee is determined by reference to the basis in the hands of the transferor, and " (B) the transferor has not, at the time of the transfer, made an election under either subsection (a) of section 617 or subsection (e) of this section, then no election by the transferor under either such subsection shall apply with respect to expenditures which are made by the transferor after the date of the enactment of this subsection and before the date of the transfer and which are properly chargeable to such property. For purposes of the preceding sentence, a transferor of mineral property who made an election under subsection (a) of section 617 or subsection (e) of.this section before the transfer but who revokes such election after the transfer shall be treated with respect to such property as not having made an election under either such subsection. "(2)

^'®' P- ''S^-

EFFECT OF ELECTION BY TRANSFEREE UNDER SECTION 6IT.—

If— " (A) the taxpayer receives mineral property in a transaction described in paragraph (1)(A), " (B) an election made by the transferor under subsection (e) applies with respect to expenditures which are made by him after the date of the enactment of this subsection and before the date of the transfer and which are properly chargeable to such property, and " (C) the taxpayer has made or makes an election under section 617(a), then in applying section 617 with respect to the transferee, the amounts allowed as deductions under this section to the transferor, which (but for the transferor's election) would be reflected in the adjusted basis of such property in the hands of the transferee, shall be treated as expenditures allowed as deductions under section 617(a) to the transferor. Notwithstanding subsections (b) and (d) of this section (and section 381(c) (10)), any deferred expenses described in subsection (b) which are not allowed as deductions to the transferor for a period before the transfer may not be deducted by the transferee and in his hands shall be charged to capital account."

^^^ ^*^'- ^^4.

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Page:United States Statutes at Large Volume 80 Part 1.djvu/800

 764

PUBLIC LAW 89-571-SEPT. 12, 1966

68A Stat. 240.

Effective date.

[80

STAT.

(b) Section T03^b) of such Code (relating to elections of partnerships) is amended by inserting after "United States," the following: '"and any election under section 615 (relating to exploration expenditures^ or under section 617 (relating to additional exploration expenditures in the case of domestic mining),". SEC. 3. The amendments made by this Act shall apply to taxable years ending after the date of the enactment of this Act but only in respect of expenditures paid or incurred after such date. Approved September 12, 1966. Public Law 89-571

September 12, 1966 [H. R. 3999]

Puerto Rico. Tenure of judges. 68 Stat. 12.

73 Stat. 10.

7 3 Stat. 9.

AN ACT To provide the same life tenure and retirement rights for judges hereafter appointed to the United States District Court for the District of Puerto Rico as the judges of all other United States district courts now have. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That subsection (a) of section 134 of title 28, United States Code, is amended to read as follows: " (a) The district judges shall hold office during good behavior." SEC. 2. The first paragraph of section 373 of title 28, United States Code, is amended by striking out the words "the United States District Court for the District of Puerto Rico,". SEC. 3. The second paragraph of section 451 of title 28, United States Code, is amended by striking out the words "the United States District Court for the District of Puerto Rico,". SEC. 4. The amendments made by this section to sections 134 and 373 of title 28, United States Code, shall not affect the tenure of office or right to continue to receive salary after resignation, retirement, or failure of reappointment of any district judge for the district of Puerto Rico who is in office on the date of enactment of this Act. Approved September 12, 1966.

Public Law 89-572 September 13, 1966

AN ACT

[s. 3418]

TQ amend the Peace Corps Act (75 Stat. 612), as amended, and for other purposes.

P e a c e Corps Act, amendment. Appropriation. 78 Stat. 166; 79 Stat. 549. 22 USC 2502.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 3(b) of the Peace Corps Act, as amended, which authorizes appropriations to carry out the purposes of that Act, is amended as follows: (a) Strike out "1966" and "$115,000,000" and insert in lieu thereof "1967" and "$110,000,000", respectively. (b) Strike out ", of which not to exceed $500,000 shall be available for carrying out research" and insert in lieu thereof ": Provided, however, That not to exceed $500,000 of funds made available hereunder for fiscal year 1967 shall be obligated under contracts or agreements to carry out research: Provided further, That no such contracts or agreements shall be executed unless the research in question relates to the basic responsibilities of the Peace Corps."

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STAT.]

PUBLIC LAW 8 9. 5 7 3 - S E P T. 13, 1966

(c) Add a second sentence as follows: "Unobligated balances of funds made available hereunder are hereby authorized to be continued available for the general purposes for which appropriated and may at any time be consolidated with appropriations hereunder." SEC. 2. (a) Section 5 of the Peace Corps Act, as amended, which relates to Peace Corps volunteers, is amended to add immediately after the end thereof a new subsection as follows: "(1) Notwithstanding any other provision of law, counsel may be employed and counsel fees, court costs, bail, and other expenses incident to the defense of volunteers may be paid in foreign judicial or administrative proceedings to which volunteers have been made parties." (b) The authority contained in subsection (a) shall extend to counsel fees, costs, and other expenses of the types specified therein that were incurred prior to the date of enactment of this Act. SEC. 3. Section 15 of the Peace Corps Act, as amended, which relates to utilization of funds, is amended as follows: (a) In subsection (c), strike out "Y(c)(2) " and substitute therefor "7(a)(2)". (b) In subsection (d)(4), strike out " 7 (e) " and substitute thereof "7(c)". SEC. 4. Section 25(b) of the Peace Corps Act, as amended, which defines the term "United States" for the purposes of that Act, is amended by striking out "and territories". SEC. 5. (a) Section 16 of the Peace Corps Act, as amended, which relates to appointment of persons serving under prior law, section 20 of the Peace Corps Act, as amended, which relates to moratorium on student loans, section 21 of the Peace Corps Act, as amended, which amends the Civil Service Retirement Act, and title II of the Act, which relates to Internal Revenue Code and Social Security Act amendments, are hereby repealed. (b) Such repeal shall not be deemed to affect amendments contained in such provisions and the application of the amendments contained in the title. All determinations, authorization, regulations, orders, contracts, agreements, and other actions issued, undertaken, or entered into under authority of the provisions of law repealed by subsection (a) shall continue in full force and effect until modified by appropriate authority. SEC. 6. Section 10(a)(3) of the Peace Corps Act, as amended, which relates to the acceptance, employment, and transfer of gifts, is amended by inserting "or transfer" immediately after "and employ" and by striking out all that appears between "or otherwise" and "; and". Approved September 13, 1966.

765

Defense of volunteers. 75 Stat. 613; 77 Stat. 360. 22 USC 2504.

Utilization of funds. 22 USC 2514.

"United States. 22 USC 2522.

Repeals. 22 USC 2515; 20 USC 425; 5 USC 2253.

22 USC 2509.

Public Law 89-573 AN ACT

September 13, 1966

To extend for three years the period during which certain extracts suitable for tanning may be imported free of duty.

[H. R. 12328]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That item 907.80 of the Tariff Schedules of the United States (19 U.S.C. sec. 1202, item 907.80) is amended by striking out "On or before 9/30/66" and inserting in lieu thereof "On or before 9/30/69". Approved September 13, 1966. 65-300 0-67—51

Tanning extracts. 77A Stat. 433.

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[80 STAT.

Public Law 89-574 September 13, 1966

'• ' ^^^^J

Federal-Aid Highway Act of 1966.

AN

ACT

To authorize appropriations for the fiscal years 1968 and 1969 for the construction of certain highways in accordance with title 23 of the United States Code, and for other purposes.

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

SECTION

1. This Act may be cited as the "Federal-Aid Highway Act

of 1966". REVISION OF AUTHORIZATION OF APPROPRIATIONS FOR I N T E R S T A T E SYSTEM

SEC. 2. Subsection (b) of section 108 of the Federal-Aid Highway 79 staT^sy^^' "^^^ ^^ 1956, as amended, is amended to read as follows: 23use 101 note. " (b) AUTHORIZATION OF APPROPRIATIONS.—For the purpose of expediting the construction, reconstruction, or improvement, inclusive of necessary bridges and tunnels, of the Interstate System, including extensions thereof through urban areas, designated in accordance with the provisions of subsection (d) of section 103 of title 23, United States 7 4 Stat. 415. Codc, there is hereby authorized to be appropriated the additional sum of $1,000,000,000 for the fiscal year ending June 30, 1957, which sum shall be in addition to the authorization heretofore made for that year, the additional sum of $1,700,000,000 for the fiscal year ending June 30, 1958, the additional sum of $2,200,000,000 for the fiscal year ending June 30, 1959, the additional sum of $2,500,000,000 for the fiscal year ending June 30, 1960, the additional sum of $1,800,000,000 for the fiscal year ending June 30, 1961, the additional sum of $2,200,000,000 for the fiscal year ending June 30, 1962, the additional sum of $2,400,000,000, for the fiscal year ending June 30, 1963, the additional sum of $2,600,000,000 for the fiscal year ending June 30, 1964, the additional sum of $2,700,000,000 for the fiscal year ending June 30, 1965, the additional sum of $2,800,000,000 for the fiscal year ending June 30, 1966, the additional sum of $3,000,000,000 for the fiscal year ending June 30, 1967, the additional sum of $3,400,000,000 for the fiscal year ending June 30, 1968, the additional sum of $3,800,000,000 for the fiscal year ending June 30, 1969, the additional sum of $3,600,000,000 for the fiscal year ending June 30, 1970, the additional sum of $3,600,000,000 for the fiscal year ending June 30, 1971, and the additional sum of $2,685,000,000 for the fiscal year ending June 30, 1972. Nothing in this subsection shall be construed to authorize the appropriation of any sums to carry out section 131, 136, or 23us^c m^*i36 ^^^ (^) ^^ ^^^^ title, or any provision of law relating to highway 319. ' ' safety enacted after May 1, 1966." AUTHORIZATION OF USE OF COST E S I T M A T E FOR A P P O R T I O N M E N T OF INTERSTATE FUNDS

SEC. 3. The Secretary of Commerce is authorized to make the apportionment for the fiscal years ending June 30, 1968, and 1969, of the sums authorized to be appropriated for such years for expenditures on the National System of Interstate and Defense Highways, using the apportionment factors contained in table 5 of House Document Numbered 42, Eighty-ninth Congress.

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767

E X T E N S I O N OF T I M E FOR COMPLETION OF SYSTEM

SEC. 4. (a) The second paragraph of section 101(b) of title 23, United States Code, is amended by striking out "fifteen years" and inserting in lieu thereof "sixteen years" and by striking out "June 30, 1971", and inserting in lieu thereof "June 30, 1972". (b) The introductory phrase and the second and third sentences of section 104(b)(5) of title 23, United States Code, are amended by striking "1971" where it appears and inserting in lieu thereof "1972", and such section 104(b)(5) is further amended by striking "fiscal year ending June 30, 1971.", at the end of the penultimate sentence and inserting in lieu thereof "fiscal years ending June 30, 1971, and June 30, 1972."

78 Stat. 397.

^7 Stat. 276.

R E VI S I O N O F AUTHORIZATION OF APPROPRIATIONS FOR I N T E R S T A T E SYSTEM

SEC. 5. (a) Section 109(b) of title 23 of the United States Code is amended by inserting after the second sentence the following: "Such standards shall in all cases provide for at least four lanes of traffic." (b) The Secretary of Commerce is authorized to modify project agreements entered into prior to the date of enactment of this Act pursuant to section 106 of title 23 of the United States Code for the purpose of effectuating the amendment made by this section with respect to as much of the National System of Interstate and Defense Highways as may be possible.

^^ ^'^^- 277-

^y'^l^H^^p

AUTHORIZATIONS

SEC. G. For the purpose of carrying out the provisions of title 23 of the United States Code, the following sums are hereby.authorized to be 23 USC 101 et appropriated: (1) For the Federal-aid primary system and the Federal-aid sec- Federareid pHondary system and for their extension within urban areas, out of the rry'^^syrtemrkT highway trust fund, $1,000,000,000 for the fiscal year ending June 30, ""-ban areas. 1968, and $1,000,000,000 for the fiscal year ending June 30, 1969. Nothing in this paragraph shall be construed to authorize the appropriation of any sums to carry out section 131, 136, or 319(b) of this title, or any provision of law relating to highway safety enacted ^9 ^^^^^^^^^^^ after May 1, 1966. The sums authorized in this paragraph for each 319, fiscal year shall be available for expenditure as follows: (A) 45 per centum for projects on the Federal-aid primary highway system; (B) 30 per centum for projects on the Federal-aid secondary highway system; and (C) 25 per centum for projects on extensions of the Federal-aid primary and Federal-aid secondary highway systems in urban areas. (2) For forest highways, $33,000,000 for the fiscal year ending June 30, 1968, and $33,000,000 for the fiscal year ending June 30, 1969. (3) For public lands highways, $14,000,000 for the fiscal year ending June 30, 1968, and $16,000,000 for the fiscal year ending June 30, 1969'. (4) For forest development roads and trails, $170,000,000 for the fiscal year ending June 30, 1968, and $170,000,000 for the fiscal year ending June 30, 1969. (5) For public lands development roads and trails, $3,000,000 for the fiscal year ending June 30, 1968, and $5,000,000 for the fiscal year ending June 30, 1969.

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PUBLIC LAW 89.574-SEPT. 13, 1966

[80 STAT.

(6) For park roads and trails, $25,000,000 for the fiscal year ending June 30, 1968, and $30,000,000 for the fiscal year ending June 30, 1969. (7) For parkways, $9,000,000 for the fiscal year ending June 30, 1968, and $11,000,000 for the fiscal year ending June 30, 1969. (8) For Indian reservation roads and bridges, $19,000,000 for the fiscal year ending June 30, 1968, and $23,000,000 for the fiscal year ending June 30, 1969. ALASKAN ASSISTANCE 72 Stat. 897.

Appropriation.

SEC. 7 (a) Section 118 of title 23, United States Code, is amended by adding at the end thereof the following: " (d) Funds made available to the State of Alaska under this title may be expended for construction of access and development roads on a Federal-aid system that will serve resource development, recreational, residential, commercial, industrial, or other like purposes." (b) There is hereby authorized to be appropriated for construction and maintenance of highways in the State of Alaska, out of the general fund, and in addition to funds otherwise made available to the State of Alaska under title 23, United States Code, $14,000,000 for each of the fiscal years ending June 30, 1968, June 30, 1969, June 30, 1970, June 30, 1971, and June 30, 1972. HIGHWAY BEAUTIFICATION

SEC. 8. (a) The last sentence of subsection (m) of section 131, and 103^2 ^*^*^' ^°^°' ^^^ ^^®^ sentence of subsection (m) of section 136, of title 23, United States Code, are each amended to read as follows: "The provisions of chapter 1 of this title relating to the obligation, period of availability, and expenditure of Federal-aid primary highway funds shall apply to the funds authorized to be appropriated to carry out this section after June 30, 1967." (b) The last sentence of subsection (b) of section 319 of title 23, 79 Stat. 1032. United States Code, is hereby amended to read as follows: "The pro23 USC 101. visions of chapter 1 of this title relating to the obligation, period of availability, and expenditure of Federal-aid primary highway funds shall apply to the funds authorized to be appropriated to carry out this subsection after June 30, 1967." (c)(1) Chapter 1 of title 23, United States Code, is amended by adding at the end thereof the following new section: "§ 137. Limitation on authorization of appropriations for certain purposes " (a) Notwithstanding any other provision of law, neither sections 131, 136, and 319(b) of this title, nor any provision of law relating to highway safety enacted after May 1, 1966, shall be construed to be authority for any appropriations for any fiscal year for which appropriations are not specifically authorized by fiscal year in such sections or provisions. "(b) Any appropriation to carry out section 131, 136,, or 319(b) of 10^30^10*32^°^^' ^^^^ ^^^^^ ^^ ^^y provision of law relating to highway safety enacted after May 1, 1966, must be authorized by a provision of law specifically setting forth the total amount authorized to be appropriated for the fiscal year to carry out such section or other provision of law. "(c) The highway trust fund established by section 209 of the High70 Stat. 397. 23 USC 120 note. way Revenue Act of 1956 shall not be available for any appropriation to carry out sections 131,136, and 319 (b) of this title, and any provision of law relating to highway safety enacted after May 1, 1966, in an aggregate amount which exceeds the amount of tax that would be

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PUBLIC LAW 89-574-SEPT. 13, 1966

imposed under section 4061(a)(2) of the Internal Revenue Code of 1954 if such section imposed a tax at the rate of 1 per centum plus such additional amounts as are appropriated irom the general lund to the highway trust fund for such purposes, but the total of all appropriations made from such fund to carry out these sections and provisions of law shall never exceed the total of all appropriations made to such fund based on the imposition of such tax plus such additional amounts as are appropriated from the general fund to the highway trust fund for such purposes." (2) The analysis of chapter 1 of title 23, United States Code, is amended by adding at the end thereof the following:

769

^^ s*^*- ^^e.

26 USC 4061.

"137. Limitation on authorization of appropriations for certain purposes." EMERGENCY

RELIEF

SEC. 9. (a) The last proviso of subsection (f) of section 120 of title 23 of the United States Code is amended by inserting after "park ^^ ^*^** ^°^°roads and trails," the following: "parkways, public lands highways, public lands development roads and trails,". (b) Subsection (c) of section 125 of title 23 of the United States ^^ ^'^'- "2Code is amended by inserting after "park roads and trails," the following: "parkways, public lands highways, public lands development roads and trails,". (c) The second sentence of subsection (a) of section 125 of title 23 of Appropriation. the United States Code is amended to read as follows: "Subject to the following limitations, there is hereby authorized to be appropriated such sums as may be necessary to establish the fund authorized by this section and to replenish it on an annual basis: (1) not more than $50,000,000 is authorized to be expended in any one fiscal year to carry out this section except that if in any fiscal year the total of all expenditures under this section is less than $50,000,000, the unexpended balance of such amount shall remain available for expenditure during the next two succeeding fiscal years in addition to amounts otherwise available to carry out this section in such years, and (2) 60 per centum of the expenditures under this section for any fiscal year are authorized to be appropriated from the Highway Trust Fund and the remain- oausc* 120^ ote ing 40 per centum of such expenditures are authorized to be appropriated only from any moneys in the Treasury not otherwise appropriated." (d) The amendments made by this section shall take effect July 1, Elective date. 1966. STUDY OF ADVANCE ACQUISITION OF R I G H T S - O F - W A Y

SEC. 10. The Secretary of Commerce is authorized and directed to make a full and complete investigation and study of the advance acquisition of rights-of-way for future construction of highways on the Federal-aid highway systems, with particular reference to the provision of adequate time for the removal and disposal of improvements located on rights-of-way and the relocation of affected individuals, businesses, institutions, and organizations, the tax status of such property after acquisition and before its use for highway purposes, and the methods for financing advance right-of-way acquisition by both the State governments and the Federal Government, including the possible creation of revolving funds for such purpose. The Secretary ^^po^t to shall submit a report of the results of such study to Congress not later °'^^"^^' than July 1, 1967, together with his recommendations.

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PUBLIC LAW 89-574-SEPT. 13, 1966

[80 STAT.

STATE H I G H W A Y DEPARTMENTS

72 Stat. 912.

SEC. 11. Subsection (a) of section 302 of title 23 of the United States Code is amended by adding at the end thereof the following: "In meeting the provisions of this subsection, a State may engage, to the extent necessary or desirable, the services of private engineering firms." RELOCATION ASSISTANCE STUDY

co^^g^es's!°

S^^- 12. (a) The Secretary of Commerce is authorized and directed to make, in cooperation with the Secretary of the Department of Housing and Urban Development, the State highway departments, and other affected Federal and State agencies, a full and complete study and investigation for the purpose of determining what action can and should be taken to provide additional assistance for the relocation and restablishment of persons, business concerns, and nonprofit organizations to be displaced by construction of projects on any of the Federal-aid highway systems, and to submit a report of the findings of such study and investigation, together with recommendations, to the Congress not later than July 1, 1967. The study and investigation shall include, but shall not be limited to— (1) me need for additional payments or other financial assistance to such displaced persons, business concerns, and nonprofit organizations, and the extent to which the making of such payments and the providing of other financial assistance should he mandatory; (2) the feasibility of constructing, within the right-of-way of a highway or upon real property adjacent thereto acquired for such purposes, publicly or privately owned, buildings, improvements, or other facilities to aid in the relocation of such displaced persons, business concerns, and nonprofit organizations; (3) the extent to which the costs of acquiring such real property and constructing such buildings, improvements and other facilities should be paid from the highway trust fund; and (4) sources of funds to pay the portion of the costs of acquiring such real property and constructing such buildings, improvements and other facilities, which is not properly chargeable to the highway trust fund. HIGHWAY

co^°^resV° ongress.

Appropriauon.

STUDY—GUAM, AMERICAN

SAMOA, AND THE VIRGIN

ISLANDS

SEC. 13. (a) The Secretary of Commerce, in cooperation with the government of Guam, the government of American Samoa, and the government of the Virgin Islands is hereby authorized to make studies of the need for, and estimates and planning surveys relative to, highway construction programs for Guam, American Samoa, and the Virgin Islands. (") ^^ ^^ before July 1, 1967, the Secretary of Commerce shall submit a report to the Congress which shall include— (1) an analysis of the adequacy of present highway programs to provide satisfactory highways in both the rural and urban areas in Guam, American Samoa, and the Virgin Islands; (2) specific recommendations as to a program for the construction of highways throughout Guam, American Samoa, and the Virgin Islands; and (3) a feasible program for implementing such specific recommendations, including cost estimates, recommendations as to the sharing of cost responsibilities, and other pertinent matters. ^^^^ There is hereby authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, to be available until ex-

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PUBLIC LAW 8 9. 5 7 5 - S E P T. 13, 1966

771

pended, the sum of $200,000 for the purpose of making the studies, surveys, and report authorized by subsections (a) and (b) of this section. SOIL EROSION CONTROL

SEC. 14. Section 109 of title 23, United States Code, is amended by jJ.f^X^j^i'^' adding a new subsection as follows: " (g) The Secretary shall consult with the Secretary of Agriculture „^*'P°'"* *° with respect to guidelines for minimizing possible soil erosion froip °"^''**^' highway construction, and report to Congress such guidelines not later than July 1, 1967." PRESERVATION OF PARKLANDS

SEC. 15. (a) Chapter 1 of title 23 of the United States Code is amended by inserting at the end thereof a new section as follows: "§ 138. Preservation of parklands " I t is hereby declared to be the national policy that in carrying out the provisions of this title, the Secretary shall use maximum effort to preserve Federal, State, and local government parklands and historic sites and the beauty and historic value of such lands and sites. The Secretary shall cooperate with the States in developing highway plans and programs which carry out such policy. After July 1, 1968, the Secretary shall not approve under section 105 of this title any program for a project which requires the use for such project of any land from a Federal, State, or local government park or historic site unless such program includes all possible planning, including consideration of alternatives to the use of such land, to minimize any harm to such park or site resulting from such use." (b) The analysis of chapter 1 of title 23, United States Code, is amended by adding at the end thereof the following:

23 USC 101.

^^ Stat. 891.

"138. Preservation of p a r k lands. "

Approved September 13, 1966.

Public Law 89-575 AN ACT September 13, 1966 To continue for a temporary period the existing suspension of duty on certain [H. R. 12461] istle.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) item 903.90 of the Tariff Schedules of the United States (19 U.S.C. sec. 1202, item 903.90) is amended by striking out "9/5/66" and inserting in lieu thereof "9/5/69". (b) The amendment made by subsection (a) shall apply with respect to articles entered, or withdrawn from warehouse, for consumption, after September 5, 1966. Approved September 13, 1966.

77A Stat. 432.

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PUBLIC LAW 89-576-SEPT. 14, 1966

[80

STAT.

Public Law 89-576 September 14, 1966

[H. R. 13284]

AMVETS, Membership eligibility. 69 Stat. 375.

AN

ACT

rj.^ redefine eligibility for membership in AM VETS (American Veterans of World War II). Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 6 of the Act approved July 23, 1947, Public Law 216, Eightieth Congress (61 Stat. 407; 36 U.S.C. 67e), is amended to read as follows: "SEC. 6. Any person who served in the Armed Forces of the United States of America or.any American citizen who served in the armed forces of an. allied nation of the United States on or after September 16, 1940, and on or before the date of cessation of hostilities as determined by the Government of the United States, is eligible for regular membership in A M V E T S, provided such service when terminated by discharge or release from active duty be by honorable discharge or separation. No person who is a member of, or who advocates the principles of, any organization believing in, or working for, the overthrow of the United States Government by force, and no person who refuses to uphold and defend the Constitution of the United States, shall be privileged to become, or continue to be, a member of this organization." Approved September 14, 1966. Public Law 89-577

September 16, 1966 [H. R. 8989]

Federal Metal and Nonmetallic Mine Safety Act.

AN ACT To promote health and safety in metal and nonmetallic mineral industries, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Federal Metal and Nonmetallic Mine Safety Act". DEFINITIONS AND EXEMPTIONS

SEC. 2. For the purposes of this Act. (a) The term "commerce" means trade, traffic, commerce, transportation, or communication between any State, the Commonwealth of Puerto Rico, the District of Columbia, or any territory or possession of the United States, and any other place outside the respective boundaries thereof, or wholly within the District of Columbia, or any territory or possession of the United States, or between points in the same State, if passing through any point outside the boundaries thereof. (b) The term "mine" means (1) an area of land from which minerals other than coal or lignite are extracted in nonliquid form or, if in liquid

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773

form, are extracted with workers underground, (2) private ways and roads appurtenant to such area, and (3) land, excavations, underground passageways, and workings, structures, facilities, equipment, machines, tools, or other property, on the surface or underground, used in the work of extracting such minerals other than coal or lignite from their natural deposits in nonliquid form, or if in liquid form, with workers underground, or used in the milling of such minerals, except that with respect to protection against radiation hazards such term shall not include property used in the milling of source material as defined in the Atomic Energy Act of 1954, as amended. ^^ ^^^ Vn (c) The term "operator" means the person, partnership, association, note. or corporation, or subsidiary of a corporation operating a mine, and owning the right to do so, and includes any agent thereof charged with responsibility for the operation of such mme. (d) The term "Secretary" means the Secretary of the Interior or his duly authorized representative. (e) The term "Board" means the Federal Metal and Nonmetallic Mine Safety Board of Review created by section 10. SEC. 3. (a) Each mine the products of which regularly enter com- Applicability. merce, or the operations of which affect commerce, shall be subject to this Act. (b) The Secretary may, by published rules adopted pursuant to the Administrative Procedure Act, decline to assert jurisdiction under this 5°u^*c**io^o'/* Act over any class or category of mines where, in the opinion of the note. Secretary, the effect of the operations of such mines on commerce is not sufficiently substantial to warrant the exercise of jurisdiction under this Act, and the record of injuries and accidents in such class or category of mines warrants such a declination of jurisdiction. INSPECTIONS

SEC. 4. The Secretary of the Interior is authorized at any time to cause to be made such inspections and investigations as he shall deem necessary in mines which are subject to this Act (1) for the purpose of obtaining, utilizing, and disseminating information relating to health and safety conditions in such mines, the causes of accidents involving bodily injury or loss of life, or the causes of occupational diseases originating therein, (2) for the purpose of determining whether or not there is compliance with a health and safety standard or order issued under this Act, or (3) for the purpose of evaluating the manner in which a State plan approved under section 16 is being carried out. At least once each calendar year the Secretary shall inspect each underground mine which is subject to this Act. SEC. 5. For the purpose of making any inspection or investigation authorized by this Act, authorized representatives of the Secretary shall be entitled to admission to, and shall have the right of entry to, upon, or through, any mine which is subject to this Act.

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PUBLIC LAW 89-577-SEPT. 16, 1966

[80

STAT.

HEALTH AND SAFETY STANDARDS

Publication in Federal Register.

Requests for public hearing.

60 Stat. 237. 5 USC 1001 note. Publication in Federal Register.

SEC. 6. (a) The Secretary shall develop, and from time to time revise, after consultation with advisory committees appointed pursuant to section 7 of this Act, and promulgate health and safety standards for the purpose of the protection of life, the promotion of health and safety, and the prevention of accidents in mines which are subject to this Act. (b) After consultation with an appropriate advisory committee established pursuant to section 7 of this Act, the Secretary, by a notice published in the Federal Register, shall designate as mandatory standards those standards promulgated pursuant to subsection (a) of this section which deal with conditions or practices of a kind which could reasonably be expected to cause death or serious physical harm, and the operators of mines to which such standards are applicable shall comply with such mandatory standards pursuant to the provisions of section 8 and section 9 of this Act. (c) The Secretary shall publish in the Federal Register, health and safety standards which ne proposes to promulgate, and he shall specifically identify those standards which lie proposes to designate as mandatory standards, and he shall also specifically designate those mandatory standards which have been recommended by an Advisory Committee appointed pursuant to section 7 of this Act. Interested persons shall be afforded a period of not less than 30 days after the publication of the proposed standards in which to submit written data, views, or arguments. Except as provided in subsection (d) of this section, the Secretary may, upon the expiration of such period and after consideration of all relevant matter presented, promulgate such standards. (d)(1) On or before the last day of a period fixed for the submission of written data, views, or arguments, any person who may be adversely affected by a health and safety standard which the Secretary proposes to promulgate and to designate as a mandatory standard may file with the Secretary written objections thereto stating the grounds therefor, and requesting a public hearing (subject to the provisions of the Administrative Procedure Act) on such objections. The Secretary shall not promulgate any proposed mandatory standard respecting which such objections have been filed, until he has taken final action upon them as provided in paragraph (2) of this subsection. As soon as practicable after the period for filing such objections has expired, the Secretary shall publish in the Federal Register a notice specifying the proposed mandatory standards to which such objections have been filed. (2) If such objections requesting a public hearing are filed, as soon after the expiration of the period for filing such objections as is practical, the Secretary, after due notice, shall hold a public hearing for the purpose of receiving evidence relevant and material to the issues raised by such objections. At the hearing, any interested person may

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