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ment or rehabilitation of existing facilities for such schools, $10,000,000 for the fiscal year ending June 30, 1966, and $15,000,000 for each of the next three fiscal years. There are also authorized to be appropriated for each of such fiscal years ending after June 30, 1966, for grants specified in clause (1) or (2) of the preceding sentence, the amount by which the total of the sums authorized to be appropriated under such clause for previous years exceeds the aggregate of the appropriations thereunder for such years. "(b) Sums appropriated pursuant to clause (1) or (2) of subsection (a) for a fiscal year shall remain available for grants specified in such clause until the close of the next fiscal year. "APPROVAL OF APPLICATIONS FOR CONSTRUCTION GRANTS

"SEC. 802. (a) No application for a grant for a construction project under this part may be approved unless it is submitted to the Surgeon General prior to July 1, 1968. "(b) A grant for a construction project under this part may be made only if the application therefor is approved by the Surgeon General upon his determination that— "(1) the applicant is a public or nonprofit private school of nursing providing an accredited program of nursing education; "(2) the application contains or is supported by reasonable assurances that (A) for not less than twenty years after completion of construction, the facility will be used for the purposes of the training for which it is to be constructed, and will not be used for sectarian instruction or as a place for religious worship, (B) sufficient funds will be available to meet the non-Federal share of the cost of constructing the facility, (C) sufficient funds will be available, when construction is completed, for effective use of the facility for the training for which it is being constructed, and (D) in the case of an application for a grant for construction to expand the training capacity of a school of nursing, the first-year enrollment at such school during the first full school year after the completion of the construction and for each of the nine years thereafter will exceed the highest first-year enrollment at such school for any of the five full school years preceding the year in which the application is made by at least 5 per centum of such highest first-year enrollment, or by five students, whichever is greater; "(3)(A) in the case of an application for a grant for construction of a new facility, such application is for aid in the construction of a new school of nursing, or construction which will expand the training capacity of an existing school of nursing, or (B) in the case of an application for a grant for replacement or rehabilitation of existing facilities, such application is for aid in construction which will replace or rehabilitate facilities

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of an existing school of nursing which are so obsolete as to require the school to curtail substantially either its enrollment or the quality of the training provided; "(4) the plans and specifications are in accordance with regulations relating to minimum standards of construction and equipment; and "(5) the application contains or is supported by adequate assurance that any laborer or mechanic employed by any contractor or subcontractor in the performance of work on the construction of the facility will be paid wages at rates not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor in accordance with the Davis-Bacon Act, ^^49stat.^^iou; ^s amended (40 U.S.C. 276a-276a5). The Secretary of Labor "'^' ^' • shall have, with respect to the labor standards specified in this paragraph, the authority and functions set forth in Reorganiza5 USC 133Z.15 tion Plan Numbered 14 of 1950 (15 F.R. 3176; 64 Stat. 1267), and "°63"Stat. 108. section 2 of the Act of June 13, 1934, as amended (40 U.S.C. 276c). Before approving or disapproving an application for a construction project under this part, the Surgeon General shall secure the advice of the National Advisory Council on Nurse Training established by section 841 (hereinafter in this part referred to as the 'council'). "(c) I n considering applications for grants, the Council and the Surgeon General shall take into account— " (1)(A) in the case of a project for a new school or for expansion of the facilities of an existing school, the relative effectiveness of the proposed facilities in expanding the capacity for the training of first-year students of nursing in the field involved and in promoting an equitable geographical distribution of opportunities for such training (giving due consideration to population, relative unavailability of nurses of the kind to be trained by such school, and available resources in various areas of the Nation for training such nurses); or " (B) in the case of a project for replacement or rehabilitation of existing facilities of a school, the relative need for such replacement or rehabilitation to prevent curtailment of the school's enrollment or deterioration of the quality of the training provided by the school, and the relative size of any such curtailment and its effect on the geographical distribution of opportunities for training in the field of nursing involved (giving consideration to the factors mentioned above in paragraph (A)); and " (2) in the case of an applicant in a State which has in existence a State or local area agency involved with planning for nurse training facilities, or which participates in a regional or other interstate agency involved with planning for nurse training facilities, the relationship of the application to the construction or training program which is being developed by such agency or agencies and, if such agency or agencies have reviewed such application, any comment thereon submitted by them.

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PUBLIC LAW 88-581-SEPT. 4, 1964 'AMOUNT «/

OF CONSTRUCTION GRANT: PAYMENTS

"SEC. 803. (a) The amount of any grant for a construction project under this part shall be such amount as the Surgeon General determines to be appropriate after obtaining the advice of the Council; except that (A) in the case of a grant for a project for a new school, and in the case of a grant for a project for new facilities for an existing school in cases where such facilities are of particular importance in providing a major expansion of training capacity, as determined in accordance with regulations, such amount may not exceed 66% per centum of the necessary cost of construction, as determined by the Surgeon General, of such project; and (B) in the case of any other grant, such amount may not exceed 50 per centum of the necessary cost of construction, as so determined, of the project with respect to which the grant is made. " (b) Upon approval of any application for a grant for a construction project under this part, the Surgeon General shall reserve, from any appropriation available therefor, the amount of such grant as determined under subsection (a); the amount so reserved may be paid in advance or by way of reimbursement, and in such installments consistent with construction progress, as the Surgeon General may determine. The Surgeon General's reservation of any amount under this section may be amended by him, either upon approval of an amendment of the application or upon revision of the estimated cost of construction of the facility. "(c) In determining the amount of any such grant under this part, there shall be excluded from the cost of construction an amount equal to the sum of (1) the amount of any other Federal grant which the applicant has obtained, or is assured of obtaining, with respect to the construction which is to be financed in part by grants authorized under this part, and (2) the amount of any non-Federal funds required to be expended as a condition of such other Federal grant. "RECAPTURE OF PAYMENTS

"SEC. 804. If, within twenty years after completion of any construction for which funds have been paid under this part— " (a) the applicant or other owner of the facility shall cease to be a public or nonprofit private school, or " (b) the facility shall cease to be used for the training purposes for which it was constructed (unless the Surgeon General determines, in accordance with regulations, that there is good cause for releasing the applicant or other owner from the obligation to do so), or "(c) the facility is used for sectarian instruction or as a place for religious worship, the United States shall oe entitled to recover from the applicant or other owner of the facility the amount bearing the same ratio to the then value (as determined by agreement of the parties or by action brought in the United States district court for the district in which such facility is situated) of the facility, as the amount of the Federal participation bore to the cost of construction of such facility.

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" IMPROVEMENT I N N U R S E TRAINING

Appropriation.

"SEC. 805. (a) There are authorized to be appropriated for grants to public and nonprofit private diploma, collegiate and associate degree schools of nursing to assist them in meeting the additional costs of projects of limited duration which will strengthen, improve, or expand their programs to teach and train nurses, $2,000,000 for the fiscal year ending June 30, 1965, $3,000,000 for the fiscal year ending June 30, 1966, $4,000,000 for the fiscal year ending June 30, 1967, and each of the next two fiscal years, and such sums for each of the next four fiscal years as may be necessary to complete projects for which a grant was made under this section from funds appropriated for the fiscal year ending June 30, 1969, or any preceding year. "(b) I n determining whether to approve applications for grants described in subsection (a), the order in which to approve such applications, and the amount of the grants, the Surgeon General shall give consideration to the extent to which such projects will contribute to general improvement in the teaching and training of nurses of the kind involved, the extent to which they will aid m attaining a wider geographical distribution throughout the United States of high quality schools of the type involved, and the relative need in the area in which the school is situated and surrounding areas for nurses of the type trained in such school. "(c) No grant may be made under subsection (a) of this section for any project for any period after grants have been made with respect to such project for five fiscal years. " P A R T I A L REIMBURSEMENT TO DIPLOMA SCHOOLS FOR COSTS A'PFRIBUTABLE

TO T H I S Tin.E

"SEC. 806. (a) I n order to prevent further attrition and promote the development of public and nonprofit private diploma schools of nursing, there are hereby authorized to be appropriated $4,000,000 for the fiscal year ending June 30, 1965, $7,000,000 for the fiscal year ending June 30, 1966, and $10,000,000 for the fiscal year ending June 30, 1967, and each of the two succeeding fiscal years, to defray a portion of the cost of training students of nursing whose enrollment in such schools can be reasonably attributed to the provisions of this title. " (b) From the amounts appropriated pursuant to subsection (a), the Surgeon General shall pay to each public or nonprofit private diploma school of nursing for each fiscal year in the five-year period beginning on July 1, 1964, and ending June 30, 1969, an amount equal to the product of $250 and the sum of the number of federally-sponsored students in such school during such year and the number by which the full-time enrollment in such school during such year exceeds the average of the full-time enrollments in such school during the fiscal years ending June 30, 1962, June 30, 1963, and June 30, 1964, except that no such diploma school of nursing shall for any fiscal year receive an amount in excess of the product of $100 and the full-time enrollment in such school during such year. If the amounts appropriated pursuant to subsection (a) for any fiscal year are inadequate to make the grants provided for in the preceding sentence, the amount of the grant to each such diploma school of nursing shall be reduced so that it shall bear the same ratio to such amounts appropriated for such year as the amount such school would be entitled to under the preceding sentence bears to the aggregate amount which all diploma schools of nursing would be entitled to for such year under such sentence.

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" (c) For the purposes of this section— "(1) the term 'federally-sponsored student' means any student ^ "nror^e'd^fuenroUed in a public or nonprofit private diploma school of nurs- dent." ing on a full-time basis who has received for that year a loan of $100 or more from a loan fund established pursuant to section 822; and "(2) the full-time enrollment in any school and the number of federally-sponsored students in any school shall be determined as of February 15 of each fiscal year. " P A R T B—ASSISTANCE TO NURSING STUDENTS " T R A I N E E S H I P S FOR ADVANCED T R A I N I N G O F PROFESSIONAL NURSES

"SEC. 821. (a) There are authorized to be appropriated $8,000,000 for the fiscal year ending June 30, 1965, $9,000,000 for the fiscal year ending June 30, 1966, $10,000,000 for the fiscal year ending June 30, 1967, $11,000,000 for the fiscal year ending June 30, 1968, and $12,000,000 for the fiscal year ending June 30, 1969, to cover the cost of traineeships for the training of professional nurses to teach in the various fields of nurse training (including practical nurse training), to serve in administrative or supervisory capacities, or to serve in other professional nursing specialties determined by the Surgeon General to require advanced training. "(b) Traineeships under this section shall be awarded by the Surgeon General through grants to public or nonprofit private institutions providing the training. "(c) Payments to institutions under this section may be made in advance or by way of reimbursement, and at such intervals and on such conditions, as the Surgeon General finds necessary. Such payments may be used only for traineeships and shall be limited to such amounts as the Surgeon General finds necessary to cover the costs of tuition and fees, and a stipend and allowances (including travel and subsistence expenses) for the trainees. "LOAN AGREEMENTS

"SEC. 822. (a) The Secretary of Health, Education, and Welfare is authorized to enter into an agreement for the establishment and operation of a student loan fund in accordance with this part with any public or nonprofit private school of nursing which is located in a State. "(b) Each agreement entered into under this section shall— "(1) provide for establishment of a student loan fund by the school; " (2) provide for deposit in the fund of (A) the Federal capital contributions paid under this part to the school by the Secretary, (B) an additional amount from other sources equal to not less than one-ninth of such Federal capital contributions, (C) collections of principal and interest on loans made from the fund, and (D) any other e a r n i n g of the fund; "(3) provide that the fund shall be used only for loans to students of the school in accordance with the agreement and for costs of collection of such loans and interest thereon; "(4) provide that loans may be made from such fund only to students pursuing a full-time course of study at the school leading to a baccalaureate or associate degree in nursing or an equivalent degree or a diploma in nursing, or to a graduate degree in nursing, and that while the agreement remains in effect no such student who has attended such school before July 1, 1969, shall receive a loan

Appropriation.

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from a loan fund established under section 204 of the National Defense Education Act of 1958; and "(5) contain such other provisions as are necessary to protect the financial interests of the United States. uLOAN PROVISIONS

"SEC. 823. (a) The total of the loans for any academic year (or its equivalent, as determined under regulations of the Secretary) made by schools of nursing from loan funds established pursuant to agreements under this part may not exceed $1,000 in the case of any student. In the granting of such loans, a school shall give preference to persons who enter as first-year students after enactment of this title. "(b) Loans from any such student loan fund by any school shall be made on such terms and conditions as the school may determine; subject, however, to such conditions, limitations, and requirements as the Secretary of Health, Education, and Welfare may prescribe (by regulation or in the agreement with the school) with a view to preventing impairment of the capital of such fund to the maximum extent practicable in the light of the objective of enabling the student to complete his course of studv; and except that— "(1) such a loan may be made only to a student who (A) is in need of the amount oi the loan to pursue a full-time course of study at the school leading to a baccalaureate or associate degree in nursing or an equivalent degree, or a diploma in nursing, or a graduate degree in nursing, and (B) is capable, in the opinion of the school, of maintaining good standing in such course of study; "(2) such a loan shall be repayable in equal or graduated periodic installments (with the right of the borrower to accelerate repayment) over the ten-year period which begins one year after the student ceases to pursue a full-time course of study at a school of nursing, except that (A) interest shall not accrue on any such loan, and periodic installments need not be paid, during any period during which the borrower is pursuing a full-time course of study at a collegiate school of nursing leading to a baccalaureate degree in nursing or an equivalent degree, or to a graduate degree in nursing, and (B) any such period shall not be included in determining such ten-year period; "(3) not to exceed 50 per centum of any. such loan (plus interest) shall be canceled for full-time employment as a professional nurse (including teaching in any of the fields of nurse training and service as an administrator, supervisor, or consultant in any of the fields of nursing) in any public or nonprofit private institution or agency, at the rate of 10 per centum of the amount of such loan plus interest thereon, which was unpaid on the first day of such service, for each complete year of such service; "(4) the liability to repay the unpaid balance of such loan and accrued interest thereon shall be canceled upon the death of the borrower, or if the Secretary determines that he has become permanently and totally disabled; "(5) such a loan shall bear interest on the unpaid balance of the loan, computed only for periods during which the loan is repayable, at the rate of 3 per centum per annum or the going Federal rate at the time the loan is made, whichever is the ratl^'°'"^ ^^"^"'^^ greater; and for purposes of this paragraph, the term 'going Federal rate' means the rate of interest which the Secretary of the Treasury specifies during June of each year for purposes of loans made during the fiscal year beginning on the next July 1,

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determined by estimating the average yield to maturity, on the basis of daily closing market quotations or prices during the preceding May on all outstanding marketable obligations of the United States having a maturity date of fifteen or more years from the first day of such month of May, and hj rounding oft' such estimated average annual yield to the next higher multiple of one-eighth of 1 per centum; "(6) such a loan shall be made without security or endorsement, except that if the borrower is a minor and the note or other evidence of obligation executed by him would not, under the applicable law, create a binding obligation, either security or endorsement may be required; "(7) no note or other evidence of any such loan may be transferred or assigned by the school making the loan except that, if the borrower transfers to another school participating in the program under this part, such note or other evidence of a loan may be transferred to such other school. "(c) Where all or any part of a loan, or interest, is canceled under this section, the Secretary of Health, Education, and Welfare shall pay to the school an amount equal to the school's proportionate share of the canceled portion, as determined by the Secretary. " (d) Any loan for any year by a school from a student loan fund established pursuant to an agreement under this part shall be made in such installments as may be provided in regulations of the Secretary or such agreement and, upon notice to the Secretary by the school that any recipient of a loan is failing to maintain satisfactory standing, any or all further installments of his loan shall be withheld, as may be appropriate. "(e) A n agreement under this part with any school shall include provisions designed to make loans from the student loan fund established thereunder reasonably available (to the extent of the available funds in such fund) to all eligible students in the school in need thereof. '^AUTHORIZATION OF APPROPRIATIONS FOR LOANS

"SEC. 824. There are authorized to be appropriated to the Secretary of Health, Education, and Welfare for Federal capital contributions to student loan funds pursuant to section 8 2 2 (b)(2)(A) $3,100,000 for the fiscal year ending June 30, 1965, $8,900,000 for the fiscal year ending June 30, 1966, $16,800,000 for the fiscal year ending June 30, 1967, $25,300,000 for the fiscal year ending June 30, 1968, $30,900,000 for the fiscal year ending June 30, 1969, and such sums for the fiscal year ending June 30, 1970, and each of the two succeeding fiscal years as may be necessary to enable students who have received a loan for any academic year ending before July 1, 1969, to continue or complete their education. Sums appropriated pursuant to this section for any fiscal year shall be available, in accordance with agreements under this part, for Federal capital contributions to schools with which such agreements have been made, to be used, together with deposits in such fund pursuant to section 822(b)(2)(B), for establishment and maintenance of student loan funds. " A IX O T M E N T S A N D P A Y M E N T S O F FEDERAL CAPITAL CONTRIBUTIONS

"SEC. 825. (a) Sums appropriated pursuant to section 824 for any fiscal year shall be allotted by the Secretary of Health, Education, and Welfare among the States as follows: (1) He shall allot to esuch. State an amount which bears the same ratio to 50 per centum of such sums as the number of students who graduated from secondary schools

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in such State during the preceding fiscal year bears to the total number of students who graduated from secondary schools in all of the States during such year; and (2) he shall also allot to each State an amount which bears the same ratio to 50 per centum of such sums as the number of students who will be enrolled full time in public or nonprofit private schools of nursing in such State bears to the total number of students who will be enrolled full time in all such schools of nursing in all of the States. The sum of such two amounts for each State shall be its allotment. For purposes of allotments under this section, a school of nursing also includes any school with which the Secretary has, prior to the time the allotment is made, entered into an agreement for establishment of a student loan fund under this part. " (b)(1) The Secretary shall from time to time set dates by which schools of nursing with which he has in effect agreements under this part must file applications for Federal capital contributions to their loan funds pursuant to section 822(b)(2)(A). "(2) If the total of the amounts requested for any fiscal year in such applications which are made by schools in a State exceeds the amount of the allotment of such State for that fiscal year, the amounts to be paid to the loan fund of each such school shall be reduced to whichever of the following is the smaller: (A) the amount requested in its application or (B) an amount which bears the same ratio to the amount of the allotment of such State as the number of students who will be enrolled full time in such school during such fiscal year bears to the total number of students who will be enrolled full time in all such schools in such State during such year. Amounts remaining after allotment under the preceding sentence shall be redistributed in accordance with clause (B) of such sentence among schools which in their applications requested more than the amounts so paid to their loan funds, but with such adjustments as may be necessary to prevent the total paid to any such school's loan fund from exceeding the total so requested by it. If the total of the amounts requested for any fiscal year in such applications which are made by schools in a State is less than the amount of the allotment of such State for that fiscal year, the Secretary may reallot the remaining amount from time to time, on such date or dates as he may fix, to other States in proportion to the original allotments to such States under subsection (a) for such year. For the purpose of this section, the number of students who graduated from secondary schools in each State during a fiscal year and the number of students who will be enrolled full time in schools of nursing in each State shall be estimated by the Secretary of Health, Education, and Welfare on the basis of the best information available to him; and in making such estimates, the number of students enrolled full time in any collegiate school of nursing shall be deemed to be twice their actual number. "(c) The Federal capital contributions to a loan fund of a school under this part shall be paid to it from time to time in such installments as the Secretary determines will not result in unnecessary accumulations in the loan fund at such school. "DISTRIBUTION or ASSETS FROM LOAN FUNDS

"SEC. 826. (a) After June 30, 1972, and not later than September 30, 1972, there shall be a capital distribution of the balance of the loan fund established under this part by each school as follows: "(1) The Secretary of Health, Education, and Welfare shall first be paid an amount which bears the same ratio to the balance in such fund at the close of June 30, 1972, as the total amount of the Federal capital contributions to such fund by the Secretary pursuant to section

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822(b)(2)(A) bears to the total amount in such fund derived from such Federal capital contributions and from funds deposited therein pursuant to section 822(b)(2)(B). "(2^ The remainder of such balance shall be paid to the school. " (b) After September 30, 1972, each school with which the Secretary has made an agreement under this part shall pay to the Secretary, not less often than-quarterly, the same proportionate share of amounts received by the school after June 30, 1972, in payment of principal or interest on loans made from the loan fund established pursuant to such agreement as was determined for the Secretary under subsection (a). "LOANS TO SCHOOLS

"SEC. 827. (a) Upon application by any school with which he has made an agreement under this part, the Secretary may make a loan to such school for the purpose of helping to finance deposits required by section 822(b)(2)(B) m a loan fund established pursuant to such agreement. Such loan may be made only if the school shows it is imable to secure such funds upon reasonable terms and conditions from non-Federal sources. Loans made under this section shall bear interest at a rate sufficient to cover (1) the cost of the funds to the Treasury, (2) the cost of administering this section, and (3) probable losses. " (b) There are authorized to be appropriated such sums as may be necessary^ to carry out this section. " (c) Loans by the Secretary under this section shall mature within such period as the Secretary determines to be appropriate in each case, but not exceeding fifteen years.

Loan maturity.

((ADMINISTRATIVE PROVISIONS "SEC. 828. The Secretary may agree to modifications of agreements or loans made under this part, and may compromise, waive, or release any right, title, claim, or demand of the United States arising or acquired under this part. " P A R T C—GENERAL " N A T I O N A L A D VI S O R Y C O U N C I L O N N U R S E TRAINING; REVIEW COMMITTEE

"SEC. 841. (a)(1) There is hereby established a National Advisory Establishment. Council on Nurse Training, consisting of the Surgeon General, who shall be Chairman, and the Commissioner of Education, both of whom shall be ex officio members, and sixteen members appointed by the Secretary without regard to the civil service laws. Four of the appointed members shall be selected from the general public and twelve shall be selected from among leading authorities in the various fields of nursing, higher, and secondary education, and from representatives of hospitals and other institutions and organizations which provide nursing services. " (2) The Council shall advise the Surgeon General in the preparation of general regulations and with respect to policy matters arising in the administration of this title, and m the review of applications for construction projects under part A and of applications under section 805. "(b) The Secretary of Health, Education, and Welfare shall, prior Program review. Appointment of to July 1, 1967, and without regard to the civil service laws, appoint committee. a committee, consisting of members of the public, of various groups particularly interested in or expert in matters relating to education of various types of nurses, for the purpose of reviewing the programs

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authorized by this title and making recommendations with respect to continuation, extension, and modification of any of such programs. Report to Secre- ^ report of the fiudiugs and recommendations of such committee shall be submitted to the Secretary not later than November 1, 1967, after Report to Con- which date such committee shall cease to exist. The Secretary shall gress. submit such report, together with his comments and recommendations thereon, to the Congress on or before January 1, 1968. "(c) Appointed members of the Council or the review committee who are not regular full-time employees of the United States shall, while attending conferences or meetings thereof, be entitled to receive compensation at a rate to be fixed by the Secretary but not exceeding $75 per diem, including travel time, and while away from their homes or regular places of business they may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5 75^sta5r339°34o. ^^ ^^^ Administrative Expenses Act of 1946 (5 U.S.C. 73b-2) for persons in the Government service employed intermittently. "NONINTERFERENCE WITH ADMINISTRATION OF INSTITUTIONS

"SEC. 842. Nothing contained in this title shall be construed as authorizing any department, agency, officer, or employee of the United States to exercise any direction, supervision, or control over, or impose any requirement or condition with respect to, the personnel, curriculum, methods of instruction, or administration of any institution. "DEFINITIONS

"SEC. 843. For purposes of this title— " (a) The term 'State' means a State, the Commonwealth of Puerto Rico, the District of Columbia, the Canal Zone, Guam, American Samoa, or the Virgin Islands. " (b) The term 'school of nursing' means a collegiate, associate degree, or diploma school of nursing. "(c) The term 'collegiate school of nursing' means a department, division, or other administrative unit in a college or university which provides primarily or exclusively an accredited program of education m professional nursing and allied subjects leading to the degree of bachelor of arts, bachelor of science, bachelor of nursing, or to an equivalent degree, or to a graduate degree in nursing. " (d) The term 'associate degree school of nursing' means a department, division, or other administrative unit in a junior college, community college, college, or university which provides primarily or exclusively an accredited two-year program of education in professional nursing and allied subjects leading to an associate degree in nursing or to an equivalent degree. " (e) The term 'diploma school of nursing' means a school affiliated with a hospital or university, or an independent school, which provides primarily or exclusively an accredited program of education in professional nursing and allied subjects leading to a diploma or to equivalent indicia that such program has been satisfactorily completed. " (f) The term 'accredited' when applied to any program of nurse education means a program accredited by a recognized body or bodies approved for such purpose by the Commissioner of Education, except that a program which is not, at the time of the application under this title by the school which provides or will provide such program, eligible for accreditation by such a recognized body or bodies, shall be deemed accredited for purposes of this title in the following cases if the Commissioner of Education finds, after consultation with the

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PUBLIC LAW 88-581-SEPT. 4, 1964

appropriate accreditation body or bodies, that there is reasonable assurance that the program will meet the accreditation standards of such body or bodies (1) in the case of an applicant under part A for a grant for a project for construction of a new school, prior to or upon completion of the facility with respect to which the application is filed; (2) in the case of a school applying for a grant under section 805 for a project to strengthen, improve, or expand its programs to teach and train nurses, prior to or upon completion of the project with respect to which the application is filed; and (3) in the case of a school seeking an agreement under part B for establishment of a student loan fund, prior to the beginning of the academic year following the normal graduation date of students who are in their first year of instruction at such school during the fiscal year in which the agreement with such school is made under part B; except that the provisions of this clause (3) shall not apply for purposes of section 825. " (g) The term 'nonprofit' as applied to any school, agency, organization, or institution means one which is a corporation or association, or is owned and operated by one or more corporations or associations, no part of the net earnings of which inures, or may lawfully inure, to the benefit of any private shareholder or individual. " (h) The term 'secondary school' means a school which provides secondary education, as determined under State law except that it d oes not include any education provided beyond grade 12. " (i) The terms 'construction' and 'cost of construction' include (1) the construction of new buildings, and the acquisition, expansion, remodeling, replacement, and alteration of existing buildings, including architects' fees, but not including the cost of acquisition of land (except in the case of acquisition of an existing building), off-site improvements, living quarters, or patient-care facilities, and (2) equipping new buildings and existing buildings, whether or not acquired, expanded, remodeled, or altered." SEC. 3. (a) Effective with respect to appropriations for fiscal years beginning after June 30, 1965, section 720 of the Public Health Service Act is amended by striking out "nurses," wherever it appears therein. (b) Effective with respect to applications for grants from appropriations for fiscal years beginning after June 30, 1965, subsections (b), (c), and (d) of section 721 of such Act are amended by striking out "nursing," and "nurses," wherever they appear therein, and section 625(c) of such Act is amended by striking out "nurses' home and training facilities" and inserting in lieu thereof "nurses' home facilities", and section 603(a) of such Act is amended by striking out clause (4), by striking out "and" following the semicolon at the end of clause (3), and by inserting "and" after the semicolon at the end of clause (2). (c) Effective with respect to appointments to the National Advisory Council on Education for Health Professions made after enactment of this Act, section 725(a) of such Act is amended by striking out "nursing,". ^ (d) Effective July 1, 1965, section 728 of such Act is amended by striking out "nursing,". SEC. 4. (a) Section 1 of the Public Health Service Act is amended to read as follows: "SECTION 1. Titles I to VIII, incl«sive, of this Act may be cited as the 'Public Health Service Act'." (b) The Act of July 1, 1944 (58 Stat. 682), as amended, is further amended by renumbering title VIII (as in effect prior to the enactment of this Act) as title IX, and by renumbering sections 801 through 814 (as in effect prior to the enactment of this Act), and references thereto, as sections 901 through 914, respectively. Approved September 4, 1964.

919

^^ ^^^ ^ ^ " gg* " ^ use 293a. ^ ^"**' P- '*^°"*"'*' ^' "^^ ^•

^^?*^!.- ^^^• 42 USC 293e. ^2 USC 293h.

'^0 s*^*- 721.

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Page:United States Statutes at Large Volume 78.djvu/962

 920

PUBLIC LAW 88-582-SEPT. 7, 1964

[78 STAT.

Public Law 88-582 September 7. 1964

AN ACT

^^' ^^'^^

To provide for the registration of contractors of migrant agricultural workers, 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 t^atVonAc't of^"" Hiaj be cited as the "Farm Labor Contractor Registration Act of Farm Labor ^^^^^ Regis' Contractor ^^^ ^ _

1963.

1963". CONGRESSIONAL F I N D I N G S

A N D DECLARATION

OF POLICY

SEC. 2. (a) The Congress hereby finds that the channels and instrumentalities of interstate commerce are being used by certain irresponsible contractors for the services of the migrant agricultural laborers who exploit producers of agricultural products, migrant agricultural laborers, and the public generally, and that, as a result of the use of the channels and instrumentalities of interstate commerce by such irresponsible contractors, the flow of interstate commerce has been impeded, obstructed, and restrained. (b) I t is therefore the policy of this Act to remove the impediments, obstructions, and restraints occasioned to the flow of interstate commerce by the activities of such irresponsible contractors by requiring that all persons engaged in the activity of contracting for the services of workers for interstate agricultural employment comply with the provisions of this Act and all regulations prescribed hereunder by the Secretary of Labor. DEFINITIONS

52 Stat. 1060.

SEC. 3. As used in this Act— (a) The term "person" includes any individual, partnership, association, joint stock company, trust, or corporation. (b) The term "farm labor contractor" means any person, who, for a fee, either for himself or on behalf of another person, recruits, solicits, hires, furnishes, or transports ten or more migrant workers (excluding members of his immediate family) at any one time in any calendar year for interstate agricultural employment. Such term shall not include (1) any nonprofit charitable organization, public or nonprofit private educational institution, or similar organization; (2) any farmer, processor, canner, ginner, packing shed operator, or nurseryman who engages in any such activity for the purpose of supplying migrant workers solely for his own operation; (3) any full-time or regular employee of any entity referred to in (1) or (2) above; or (4) any person who engages in any such activity for the purpose of obtaining migrant workers of any foreign nation for employment in the United States, if the employment of such workers is subject to (A) an agreement between the United States and such foreign nation, or (B) an arrangement with the government of any foreign nation under which written contracts for the employment of such workers are provided for and the enforcement thereof is provided for in the United States by an instrumentality of such foreign nation. (c) The term "fee" includes any money or other valuable consideration paid or promised to be paid to a person for services as a farm labor contractor. (d) The term "interstate agricultural employment" means employment in any service or activity included within the provisions of section 3(f) of the F a i r Labor Standards Act of 1938, as amended (29 XJ.S.C. 203(f)), or section 3121(g) of the Internal Revenue Code of

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PUBLIC LAW 88-582-SEPT. 7, 1964

1954 (26 U.S.C. 3121 (g)), when such service or activity is performed by an individual worker who has been transported from, one State to another or from any place outside of a State to any place within a State. (e) The term "Secretary" means the Secretary of the United States Department of Labor or his duly authorized representative. (f) The term "State" means any of the States of the United States, the District of Columbia, the Virgin Islands, the Commonwealth of Puerto Rico, and Guam. (g) The term "migrant worker" means an individual whose primary employment is in agriculture, as defined in section 3(f) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(f)), or who performs agricultural labor, as defined in section 3121(g) of the Internal Revenue Code of 1954 (26 U.S.C. 3121(g)), on a seasonal or other temporary basis. CERTIFICATE OF REGISTRATION REQUIRED

SEC. 4. (a) No person shall engage in activities as a farm labor contractor unless he first obtains a certificate of registration from the Secretary, and unless such certificate is in full force and effect and is in such person's immediate possession. (b) A. full-time or regular employee of any person holding a valid certificate of registration under the provisions of this Act shall not, for the purpose of engaging in activities as a farm labor contractor solely on behalf of such person, be required to obtain a certificate of registration hereunder in his own name. Any such employee shall be required to have in his immediate personal possession when engaging in such activities such identification as the Secretary may require showing such employee to be an employee of, and duly authorized to engage in activities as a farm labor contractor for, a person holding a valid certificate of registration under the provisions of this Act. Except as provided in the foregoing provisions of this subsection, any such employee shall be subject to the provisions of this Act and regulations prescribed hereunder to the same extent as if he were required to obtain a certificate of registration in his own name. ISSUANCE

OF CERTIFICATE OF

REGISTRATION

SEC. 5. (a) The Secretary shall, after appropriate investigation, issue a certificate of registration under this Act to any person who— (1) has executed and filed with the Secretary a written application subscribed and sworn to by the applicant containing such information (to the best of his knowledge and belief) concerning his conduct and method of operation as a farm labor contractor as the Secretary may require in order effectively to carry out the provisions of this Act; (2) has filed, within such time as the Secretary may prescribe, proof satisfactory to the Secretary of the financial responsibility of the applicant or proof satisfactory to the Secretary of the existence of a policy of insurance which insures such applicant against liability for damages to persons or property arising out of the applicant's ownership of, operation of, or his causing to be operated any vehicle for the transportation of migrant workers in connection with his business, activities, or operations as a farm labor contractor. The amount of any such policy of insurance shall be not less than the amount required under the law or regulation of any State in which such applicant operates a vehicle in connection with his business, activities, or operations as a farm labor contractor: but in no event shall the amount of such insur-

921 ^^A Stat. 424.

52 Stat. 1060.

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PUBLIC LAW 88-582-SEPT. 7, 1964

[78 STAT.

ance be less than $5,000 for bodily injuries to or death of one person; $20,000 for bodily injuries to or death of all persons injured or killed in any one accident; $5,000 for the loss or damage in any one accident to property of others; and (3) has filed, within such time as the Secretary may prescribe, a set of his fingerprints. (b) Upon notice and hearing in accordance with regulations prescribed by him, the Secretary may refuse to issue, and may suspend, revoke, or refuse to renew a certificate of registration to any farm labor contractor if he finds that such contractor— (1) knowingly has made any misrepresentations or false statements in his application for a certificate of registration or any renewal thereof; (2) knowingly has given false or misleading information to migrant workers concerning the terms, conditions, or existence of agricultural employment; (3) has failed, without justification, to perform agreements entered into or arrangements with farm operators; (4) has failed, without justification, to comply with the terms of any working arrangements he has made with migrant workers; (5) has failed to show financial responsibility satisfactory to the Secretary required by subsection (a)(2) of this section or has failed to keep in effect a policy of insurance required by subsection (a)(2) of this section; (6) has recruited, employed, or utilized the services of a person with knowledge that such person is violating the provisions of the immigration and nationality laws of the United States; (7) has been convicted of any crime under State or Federal law relating to gambling or to the sale, distribution, or possession of alcoholic liquors in connection with or incident to his activities as a farm labor contractor; or has been convicted of any crime under State or Federal law involving robbery, bribery, extortion, embezzlement, grand larceny, burglary, arson, violation of narcotics laws, murder, rape, assault with intent to kill, assault which inflicts grievous bodily injury, or prostitution; (8) has failed to comply with rules and regulations promulgated by the Interstate Commerce Commission that are applicable to his activities and operations in interstate commerce; (9) knowingly employs or continues to employ any person to whom subsection (b) of section 4 of this Act applies who has taken any action, except for that listed in paragraph (5) of this subsection, which could be used by the Secretary under this subsection to refuse to issue a certificate of registration; or (10) has failed to comply with any of the provisions of this Act or any regulations issued hereunder. (c) A certificate of registration, once issued, may not be transferred or assigned and shall be effective for the remainder of the calendar year during which it is issued, unless suspended or revoked by the Secretary as provided in this Act. A certificate of registration may be renewed each calendar year upon approval by the Secretary of an application for its renewal. OBLIGATIONS A N D PROHIBITIONS

SEC. 6. Every farm labor contractor shall— (a) carry his certificate of registration with him at all times while engaging in activities as a farm labor contractor and exhibit the same to all persons with whom he intends to deal in his capacity as a farm labor contractor prior to so dealing;

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PUBLIC LAW 88-582-SEPT. 7, 1964

(b) ascertain and disclose to each worker at the time the worker is recruited the following information to the best of his knowledge and belief: (1) the area of employment, (2) the crops and operations on which he may be employed, (3) the transportation, housing, and insurance to be provided him, (4) the wage rates to be paid him, and (5) the charges to be made by the contractor for his services; (c) upon arrival at a given place of employment, post in a conspicuous place a written statement of the terms and conditions of that employment; (d) in the event he manages, supervises, or otherwise controls the housing facilities, post in a conspicuous place the terms and conditions of occupancy; and (e) in the event he pays migrant workers engaged in interstate agricultural employment, either on his own behalf or on behalf of another person, keep payroll records which shall show for each worker total earnings in each payroll period, all withholdings from wages, and net earnings. In addition, for workers employed on a time basis, the number of units of time employed and the rate per unit of time shall be recorded on the payroll records, and for workers employed on a piece rate basis, the number of units of work performed and the rate per unit shall be recorded on such records. I n addition he shall provide to each migrant worker engaged in interstate agricultural employment with whom he deals in a capacity as a farm labor contractor a statement of all sums paid to him (including sums received on behalf of such migrant worker) on account of the labor of such migrant worker. He shall also provide each such worker with an itemized statement showing all sums withheld by him from the amount he received on account of the labor of such worker, and the purpose for which withheld. The Secretary may prescribe an appropriate form for recording such information. AUTHORITY TO OBTAIN

INFORMATION

SEC. 7. The Secretary or his designated representative may investigate and gather data with respect to matters which may aid in carrying out the provisions of this Act. In any case in which a complaint has been filed with the Secretary regarding a violation of this Act or with respect to which the Secretary has reasonable grounds to believe that a farm labor contractor has violated any provisions of this-Act, the Secretary or his designated representative may investigate and gather data respecting such case, and may, in connection therewith, enter and inspect such places and such records (and make such transcriptions thereof), question such persons, and investigate such facts, conditions, practices, or matters as may be necessary or appropriate to determine whether a violation of this Act has been committed. A G R E E M E N T S W I T H FEDERAL A N D STATE AGENCIES

SEC. 8. The Secretary is authorized to enter into agreements with Federal and State agencies, to utilize (pursuant to such agreements) the facilities and services of the agencies, and to delegate to the agencies such authority, other than rulemaking, as he deems necessary in carrying out the provisions of this Act, and to allocate or transfer funds or otherwise to pay or to reimburse such agencies for expenses in connection therewith.

923

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 924

PUBLIC LAW 88-582-SEPT. 7, 1964 PENALTY

[78 STAT.

PROVISIONS

SEC. 9. Any farm labor contractor or employee thereof who willfully and knowingly violates any provision of this Act or any regulation prescribed hereunder shall be fined not more than $500. A P P L I C A B I L I T Y OF ADMINISTRATIVE PROCEDUEE ACT

60 Stat. 237.

SEC. 10. The provisions of the Administrative Procedure Act (5 U.S.C. 1001 and the following) shall apply to all administrative proceedings conducted pursuant to the authority contained in this Act. JUDICIAL REVIEW

Jl^l^';.l^^'' 05 Stat. 72o.

SEC. 11. Any person aggrieved by a n j order of the Secretary in refusing to issue or renew, or in suspending or revoking, a certificate of registration may obtain a review of any such order by filing in the district court of the United States for the district wherein such person resides or has his principal place of business, or in the United States District Court for the District of Columbia, and serving upon the Secretary, within thirty days after the entry of such order, a written petition praying that the order of the Secretary be modified or set aside in whole or in part. Upon receipt of any such petition, the Secretary shall file in such court a full, true, and correct copy of the transcript of the proceedings upon which the order complained of was entered. Upon the filing of such petition and receipt of such transcript, such court shall have jurisdiction to affirm, set aside, modify, or enforce such order, in whole or in part. I n any such review, the findings of fact of the Secretary shall not be set aside if supported by substantial evidence. The judgment and decree of the court shall be final, subject to review as provided in sections 1254 and 1291 of title 28, United States Code. ' STATE L A W S A N D REGULATIONS

SEC. 12. This Act and the provisions contained herein are intended to supplement State action and compliance with this Act shall not excuse anyone from compliance with appropriate State law and regulation. SEVERABILITY

SEC. 13. If any provision of this Act, or the application thereof to any person or circumstance, shall be held invalid, the remainder of the Act and the application of such provision to other persons or circumstances shall not be affected thereby. RULES A N D REGULATIONS

SEC. 14. The Secretary is authorized to issue such rules and regulations as he determines necessary for the purpose of carrying out the provisions of sections 4,5,6, and 8 of this Act. EFFECTIVE DATE

SEC. 15. The provisions of this Act shall become effective on January 1, 1965. Approved September 7, 1964.

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PUBLIC LAW 88-583-SEPT. 7, 1964

925

Public Law 88-583 AN ACT

To provide for the construction of the Lower Teton division of the Teton Basin Federal reclamation project, Idaho, and for other purposes.

September 7, 1964

^^- ^^^^^

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, in order to F ^ ^ * ° " f cllma' assist in the irrigation of arid and semiarid lands in the upper Snake tion project, River Valley, Idaho, to provide facilities for river power opportuni- waho. ties created thereby and, as incidents to the foregoing purposes, to enhance recreational opportunities and provide for the conservation and development of fish and wildlife, the Secretary of the Interior is authorized to construct, operate, and maintain the Lower Teton division of the Teton Basin Federal reclamation project. The principal engineering features of the said project shall be a dam and reservoir at the Fremont site, a pumping plant, powerplant, canals and water distribution facilities, ground water development, and related facilities in the upper Snake River Valley, Idaho. I n the construction, operation, and maintenance of the said project and project works the Secretary shall be governed by the Federal reclamation laws (Act of June if, 1902 (32 Stat. 388), and Acts amendatory 43 USC 371 note. thereof and supplementary thereto). The project shall be operated consistent with the existing agreements as to storage rights in the Federal reclamation reservoirs in the upper Snake River Basin. Construction SEC. 2. The period provided in subsection (d) of section 9 of the costs, repayment. Reclamation Project Act of 1939, as amended, for repayment of con- 53 Stat. 1193. struction costs properly allocable to any block of lands and assigned to 43 USC 485h. be repaid by the irrigators may be extended to fifty years, exclusive of a development period, from the time water is first delivered to that block, or as near that number of years as is consistent with the adoption and operation of a repayment formula as therein provided. Costs allocated to irrigation in excess of the amount determined hj the Secretary to be within the ability of the irrigators to lepay within a fifty-year period shall be returned to the reclamation fund from revenues derived by the Secretary from the disposition of power marketed through the Bonneville Power Administration and attributable to Federal projects in Idaho. Outdoor recreaSEC. 3. (a) The Secretary is authorized to construct, operate, and tion facilities. maintain or otherwise provide for basic public outdoor recreation facilities, to acquire or otherwise to include within the division area such adjacent lands or interests therein as are necessary for public recreation use, to allocate water and reservoir capacity to recreation, and to provide for the public use and enjoyment of division lands, facilities, and water areas in a manner coordinated with the other division functions. The Secretary is authorized to enter into agree- Agreements. ments with Federal agencies or State or local public bodies for the operation, maintenance, or additional development of division lands or facilities, or to dispose of division lands or facilities to Federal agencies or State or local public bodies by lease, transfer, conveyance, or exchange upon such terms and conditions as will best promote the development and operation of such lands and facilities in the public interest for recreation purposes. The costs of the aforesaid undertakings, including costs of investigation, planning, Federal operation and maintenance, shall be nonreimbursable. Nothing herein shall limit the authority of the Secretary granted by existing provisions of law relating to recreation development of water resource projects or to disposition of public lands for recreation purposes.

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 PUBLIC LAW 88-584-SEPT. 7, 1964

926

Water users contracts. Amendment authority.

Reports to President and Congress.

Appropriation.

[78 STAT.

(b) Costs of means and measures to prevent loss of and damage to fish and wildlife resources shall be considered as project costs and allocated as may be appropriate among other division functions. SEC. 4. (a) The Secretary is authorized to amend contracts heretofore made under the Acts of September 30, 1950 (64 Stat. 1083), and of August 31, 1954 ([68 Stat. 1026), whereby the water users assumed an obligation for winter power replacement based on the winter water savings program at the Minidoka powerplant to relieve the contractors ratably by one-third of that obligation, and to make new contracts under these Acts on a like basis. To the extent such annual obligations are reduced, the cost thereof shall be included in the cost to be absorbed by the power operations of the Federal power system in Idaho. (b) The actual construction of the facilities herein authorized shall not be undertaken until at least 80 per centum of the conservation capacity in Fremont Reservoir is under subscription, nor until negotiations have been undertaken in accordance with the provisions of (a) of this section. (c) No construction shall be undertaken on facilities of the Lower Teton division which are required solely to provide a full water supply to lands in the Rexburg Bench area until the Secretary has submitted his report and finding of feasibility on this phase of the division to the President and to the Congress. SEC. 5. There is hereby authorized to be appropriated for the construction of the Lower Teton division of the Teton Basin Federal reclamation project, the sum of $52,000,000, plus or minus such amounts, if any, as may be justified by reason of ordinary fluctuations in construction costs as indicated by engineering cost indexes applicable to the types of construction involved therein, and, in addition thereto, such sums as may be required to operate and maintain said division. Approved September 7, 1964.

Public Law 88-584 September 7, 1964

[^- ^^^^ Guam. Technical agricultural services.

AN ACT To establish Federal agricultural services to Guam, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of Agriculture is authorized to establish and maintain an agricultural program in Guam which will include such programs administered by the United States Department of Agriculture, hereinafter referred to as "Department", as are determined by the Secretary will promote the welfare of that island. This authority may be exercised without regard to section 25 fb) of the Organic Act of Guam (64 Stat. 390; 48 U.S.C. 1421c(b)), or any other provision of law under which Guam may have been excluded from such programs. The Secretary is authorized to provide for such modification of any such programs extended to Guam as he deems necessary in order to adapt it to the needs of Guam. The program authorized by this section shall be developed in cooperation with the territorial government of Guam and shall be covered by a memorandum of understanding agreed to by the territorial government and the Department. The Secretary may also utilize the agencies, facilities, and employees of the Department, and may cooperate with other public agencies and with private organizations and individuals in Guam and elsewhere: Provided, That the number of employees of the United States Department of Agriculture stationed on Guam to carry out the purposes of this Act shall not exceed three at any one time.

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PUBLIC LAW 88-585-SEPT. 11, 1964

927

SEC. 2. There are hereby authorized to be appropriated such sums, but not to exceed $60,000 per annum, as may be necessary to carry out the purposes of this Act. Sums appropriated in pursuance of this Act shall be in addition to, and not in substitution for, sums appropriated or otherwise made available to the Department, and may be allocated to such agencies of the Department as are concerned with the administration of the program in Guam. SEC. 3. All provisions of this Act shall terminate five years from the date of enactment of this Act. Approved September 7, 1964.

Public Law 88-585 AN ACT

September 11, 1964

To establish penalties for misuse of feed made available for relieving distress or preservation and maintenance of foundation herds.

[S- 400]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 407 of Misuse of feed. the Agricultural Act of 1949, as amended, is hereby amended (1) by 63 stat^.^1055; changing in the fifth sentence the words "not less than 75 per centum 75 Stat. 293. of the current support price for such feed (or a comparable price ^ "^^ ^'*^^" if there is no current support price)" to read "not less than 75 per centum of the current basic county support rate for such feed including the value of any applicable price support payment in kind (or a comparable price ii there is no current basic county support r a t e) "; (2) by inserting in the fifth sentence "including the Virgin Islands" after "The United States" wherever it appears; (3) by adding at the end of the fith sentence the following: ": Provided, That the Secretary may provide for the furnishing of feed or mixed feed, in accordance with regulations prescribed by him, to such persons by feed dealers under an arrangement whereby the feed grains (or other feed being sold by the Corporation) in the feed so furnished would be replaced with feed owned or controlled by the Corporation and sold to such persons at a price determined as provided above."; and (4) by adding at the end of the sixth sentence "or other area". SEC. 2. The Agricultural Act of 1949, as amended, is amended by 66^813^*759*^^^' adding at the end of title IV the following: 7 USC 1421-1432. "SEC. 421. Any person who disposes of any feed which has been made availaible to him under section 407 of this Act for use in relieving distress or for preservation and maintenance of foundation herds, other than as authorized by the Secretary, shall be subject to a penalty equal to the market value of the feed involved, to be recovered by the Secretary in a civil suit brought for that purpose, and in addition shall be guilty of a misdemeanor and upon conviction thereof shall be subject to a fine of not more than $1,000 or imprisonment for not more than one year." SEC. 3. The Act of September 21, 1959 (73 Stat. 574), is amended ^usc 1427 note. (1) by changing the words "at current support prices," to read "at not less than the current basic county support rate including the value of any applicable price support payment in kind (or a comparable price if there is no current basic county support rate)," (2) by adding at the end of section 2, the following: " 'State' means any State in the United States, Puerto Rico, and the Virgin Islands."; (3) by adding at the end of section 3 the following: "The Secretary may provide for the furnishing of feed grains or mixed feed, in accordance with regulations prescribed by him, to any such person by a feed dealer under an arrangement whereby feed grains in the feed so furnished would be replaced with feed grains owned or controlled by the Corporation

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PUBLIC LAW 88-586-SEPT. 11, 1964

[78 STAT.

and sold to such person at a price determined as provided in section 1."; and (4) by inserting in section 4 after the word "purchased" the words "or furnished". Approved September 11, 1964. Public Law 88-586 AN ACT September 11, 1964 [S.2905] To provide for the appointment of a Commissioner General for United States participation in the Canadian Universal and International Exhibition, and for other purposes. Canadian Universal and International Exhibition. Commissioner General. 75 Stat. 527.

Ante, p. 428.

Be it enacted hi/ the Senate and House of Representatives of the T^nited States of America in Congress assembled, That, for United States participation in the Canadian Universal and International Exhibition to be held at Montreal, Canada, in 1967, as authorized by the Mutual Educational and Cultural Exchange Act of 1961, as amended (22 U.S.C. 2451 et seq.), the President is hereby authorized to appoint or designate a Commissioner General, by and with the advice and consent of the Senate, who shall receive annual compensation not in excess of $22,500, and allowances and benefits as determined by the President but not in excess of those received by a chief of mission at a class 2 post, pursuant to the Foreign Service Act of 1946, as amended (22 U.S.C. 801): Provided, That no officer of the United States Government who is designated under this Act as Commissioner General or as a principal representative shall be entitled to such compensation. Approved September 11, 1964. Public Law 88-587

September 11, 1964

^^' ^365] Fire Island National Seashore. Establishment.

Boundaries.

AN ACT

rj^fy establish the Fire Island National Seashore, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) for the purpose of conserving and preserving for the use of future generations certain relatively unspoiled and undeveloped beaches, dunes, and other natural features within Suffolk County, New York, which possess high values to the Nation as examples of unspoiled areas of great natural beauty in close proximity to large concentrations of urban population, the Secretary of the Interior is authorized to establish an area to be known as the "Fire Island National Seashore". (b) The boundaries of the national seashore shall extend from the easterly boundary of Robert Moses State Park eastward to Moriches Inlet land shall include not only Fire Island proper, but also such islands and marshlands in the Great South Bay, Bellport Bay, and Moriches Bay adjacent to Fire Island as Sexton Island, West Island, Hollins Island, Ridge Island, Pelican Island, Pattersquash Island, and Reeves Island and such other small and adjacent islands, marshlands, and wet lands as would lend themselves to contiguity and reasonable administration within the national seashore and, in addition, the waters surrounding said area to distances of one thousand feet in the Atlantic Ocean and up to four thousand feet in Great South Bay ajid Moriches Bay, all as delineated on a map identified as "Fire Island National Seashore No. OGP-0002", dated June 1964. The Secretary shall file said map with the Federal Register, and it may also be examined in the offices of the Department of the Interior.

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PUBLIC LAW 88-587-SEPT. 11, 1964

929

SEC. 2. (a) The Secretary is authorized to acquire, and it is the Acquisition of intent of Congress that he shall acquire as appropriated funds become ^^"'^' available for the purpose or as such acquisition can be accomplished by donation or with donated funds or by transfer, exchange, or otherwise, the lands, waters, and other property, and improvements thereon and any interest therein, within the boundaries of the seashore as established under section 1 of this Act. Any property or interest therein owned by the State of New York, by Suffolk (Jounty, or by any other political subdivision of said State may be acquired only with the concurrence of such owner. Notwithstanding any other provision of law, any Federal property located within such area may, with the concurrence of the agency having custody thereof, be transferred without consideration to the administrative jurisdiction of the Secretary for use by him in carrying out the provisions of this Act. In exercising his authority to acquire property in accordance with the provisions of this subsection, the Secretary may enter into contracts requiring the expenditure, when appropriated, of funds authorized by this Act, but the liability of the United States under any such contract shall be contingent on the appropriation of funds sufficient to fulfill the obligations thereby incurred. (b) When the Secretary determines that lands and waters or inter- Publication in ests therein have been acquired by the United States in sufficient ^^'^'"'^^ Register. quantity to provide an administrative unit, he shall declare the establishment of the Fire Island National Seashore by publication of notice in the Federal Register. (c) The Secretary shall pay not more than the fair market value, as determined by him, for any land or interest therein acquired by purchase. (d) When acquiring land by exchange the Secretary may accept title to an;^ nonfederally owned land located within the boundaries of the national seashore and convey to the grantor any federally owned land under the jurisdiction of the Secretary. The lands so exchanged shall be approximately equal in fair market value, but the Secretary may accept cash from or pay cash to the grantor in order to equalize the values of the lands exchanged. (e) With one exception the Secretary shall not acquire any privately owned improved property or interests therein within the boundaries of the seashore or any property or interests therein within the communities delineated on the boundary map mentioned in section 1, except beach or waters and adjoining land within such communities which the Secretary determines are needed for public access to the beach, without the consent of the owners so long as the appropriate local zoning agency shall have in force and applicable to such property a duly adopted, valid, zoning ordinance that is satisfactory to the Secretary. The sole exception to this limitation on the power of the Secretary to condemn improved property where appropriate zoning ordinances exist shall be in the approximately eight-mile area from the easterly boundary of the Brookhaven town park at Davis Park, in the town of Brookhaven, to the westerly boundary of the Smith Point County Park. In this area only, when the Secretary deems it advisable for carrying out the purposes of this Act or to improve the contiguity of the park land and ease its administration, the Secretary may acquire any land or improvements therein by condemnation. In every case in which the Secretary exercises this right of condemnation of improved property the beneficial owner or owners (not being a corporation) of any improved property so condemned, provided he, she, or they held the same or a greater estate in the property on July 1, 1963, may elect as a condition of such acquisition by the Secretary any one of the following three alternatives:

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Page:United States Statutes at Large Volume 78.djvu/972

 930

ro^^rt'""*"* proper y.

Regulations.

PUBLIC LAW 88-587-SEPT. 11, 1964

[78 STAT.

(1) that the Secretary shall take the said property in fee simple absolute and pay the fair market value thereof as of the date of such taking; (2) that the owner or owners shall retain a life estate in said property, measured on the life of the sole owner or on the life of any one person among multiple owners (notice of the person so designated to be filed in writing with the Secretary within six months after the taking) or on the life of the survivor in title of any estate held on July 1, 1963, as a tenancy by the entirety. The price in such case shall be diminished by the actuarial fair market value of the life estate retained, determined on the basis of standard actuarial methods; (3) that the owner or owners shall retain an estate for twentyfive years. The price in this case shall likewise be diminished by the value of the estate retained. (f) The term "improved property" as used in this Act shall mean ^^^ buildlug, the construction of which was begun before July 1, 1963, and such amount of land, not in excess of two acres in the case of a residence or ten acres in the case of a commercial or industrial use, on which the building is situated as the Secretary considers reasonably necessary to the use of the building: Provided,, That the Secretary may exclude from improved properties any beach or waters, together with so much of the land adjoining such beach or waters as he deems necessary for public access thereto. g^,^ g ^^^ jj^ ordcr to Carry out the provisions of section 2, the Secretary shall issue regulations, which may be amended from time to time, specifying standards that are consistent with the purposes of this Act for zoning ordinances which must meet his approval. (b) The standards specified in such regulations shall have the object of (1) prohibiting new commercial or industrial uses, other than commercial or industrial uses which the Secretary considers are consistent with the purposes of this Act, of all property within the national seashore, and (2) promoting the protection and development for purposes of this Act of the land within the national seashore by means of acreage, frontage, and setback requirements. (c) Following issuance of such regulations the Secretary shall approve any zoning ordinance or any amendment to any approved zoning ordinance submitted to him that conforms to the standards contained in the regulations in effect at the time of adoption of the ordinance or amendment. Such approval shall remain effective for so long as such ordinance or amendment remains in effect as approved. (d) No zoning ordinance or amendment thereof shall be approved by the Secretary which (1) contains any provisions that he considers adverse to the protection and development, in accordance with the purposes of this Act, of the area comprising the national seashore; or (2) fails to have the effect of providing that the Secretary shall receive notice of any variance granted under, or any exception made to, the application of such ordinance or amendment. (e) If any improved property, with respect to which the Secretary's authority to acquire hj condemnation has been suspended according to the provisions of this Act, is made the subject of a variance under, or becomes for any reason an exception to, such zoning ordinance, or is subject to any variance, exception, or use that fails to conform to any {applicable standard contained in regulations of the Secretary issued pursuant to this section and in effect at the time of passage of such ordinance, the suspension of the Secretary's authority to acquire such improved property by condemnation shall automatically cease.

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Page:United States Statutes at Large Volume 78.djvu/973

 78 STAT. ]

PUBLIC LAW 88-587-SEPT. 11, 1%4

931

(f) The Secretary shall furnish to an;^ party in interest upon request a certificate indicating the property with respect to which the Secretary's authority to acquire by condemnation is suspended. wners' SEC. 4. (a) Owners of improved property acquired by the Secretary of Oproperty.u s e may reserve for themselves and their successors or assigns a right of use and occupancy of the improved property for noncommercial residential purposes for a term that is not more than twenty-five years. The value of the reserved right shall be deducted from the fair market value paid for the property. (b) A right of use and occupancy reserved pursuant to this section shall be subject to termination by the Secretary upon his determination that the use and occupancy is not consistent with an applicable zoning ordinance approved by the Secretary in accordance with the provisions of section 3 of this Act, and upon tender to the owner of the right an amount equal to the fair market value of that portion of the right which remains unexpired on the date of termmation. SEC. 5. The Secretary shall permit hunting, fishing, and shell- Hunting and fishing on lands and waters under his administrative jurisdiction ^'^^'"swithin the Fire Island National Seashore in accordance with the laws of New York and the United States of America, except that the Secretary may designate zones where, and establish periods when, no hunting shall be permitted for reasons of public safety, administration, or public use and enjoyment. Any regulations of the Secretary under this section shall be issued a:lfter consultation with the Conservation Department of the State of New York. SEC. 6. The Secretary may accept and use for purposes of this Act any real or personal property or moneys that may be donated for such purposes. SEC. 7. (a) The Secretary shall administer and protect the Fire sunken Forest Island National Seashore with the primary aim of conserving the ^'•^^'•^• natural resources located there. The area known as the Sunken Forest Preserve shall be preserved from bay to ocean in as nearly its present state as possible, without developing roads therein, but continuing the present access by those trails already existing and limiting new access to similar trails limited in number to those necessary to allow visitors to explore and appreciate this section of the seashore. (b) Access to that section of the seashore lying between the easterly boundary of the Brookhaven town park at Davis Park and the westerly boundary of the Smith Point County Park shall be provided by ferries and footpaths only, and no roads shall be constructed in this section except such minimum roads as may be necessary for park maintenance vehicles. No development or plan for the' convenience of visitors shall be undertaken therein which would be incompatible with the preservation of the flora and fauna or the physiographic conditions now prevailing, and every effort shall be exerted to maintain and preserve this section of the seashore as well as that set forth in the preceding paragraph in as nearly their present state and condition as possible. (c) I n administering, protecting, and developing the entire Fire Island National Seashore, the Secretary shall be guided by the provisions of this Act and the applicable provisions of the laws relatmsr to the national park system, and the Secretary may utilize any other statutory authority available to him for the conservation and development of natural resources to the extent he finds that such authority will further the purposes of this Act. Appropriate user fees may be collects! notwithstanding any limitation on such authority by any provision of law.

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Page:United States Statutes at Large Volume 78.djvu/974

 932 Shore erosion control.

Fire Island National Advisory Commission. Establishment.

Conflict of interest.

76 Stat. 1126.

PUBLIC LAW 88-587-SEPT. 11, 1964

[78 STAT.

SEC. 8. (a) The authority of the Chief of Engineers, Department of the Army, to undertake or contribute to shore erosion control or beach protection measures on lands within the Fire Island National Seashore shall be exercised in accordance with a plan that is mutually acceptable to the Secretary of the Interior and the Secretary of the Army and that is consistent with the purposes of this Act. (b) The Secretary shall also contribute the necessary land which may be required at any future date for the construction of one new inlet across Fire Island in such location as may be feasible in accordance with plans for such an inlet which are mutually acceptable to the Secretary of the Interior and the Secretary of the Army and that is consistent with the purposes of this Act. SEC. 9. (a) There is hereby established a Fire Island National Seashore Advisory Commission (hereinafter referred to as the Commission). The Commission shall terminate on the tenth anniversary of the date of this Act or on the declaration, pursuant to section 2(b) of this Act, of the establishment of the Fire Island National Seashore, whichever occurs first. The Commission shall consist of fifteen members, each appointed for a term of two years by the Secretary, as follows: (1) Ten members to be appointed from recommendations made by each of the town boards of Suffolk County, New York, one member from the recommendations made by each such board; (2) Two additional members to be appointed from recommendations of the town boards of the towns of Islip and Brookhaven, Suffolk County, New York; (3) One member to be appointed from the recommendation of the Governor of the State of New York; (4) One member to be appointed from the recommendation of the county executive of Suffolk County, New York; (5) One member to be designated by the Secretary. (b) The Secretary shall designate one member to be Chairman. (c) A member of the Commission shall serve without compensation. (d) The Commission established by this section shall act and advise by affirmative vote of a majority of the members thereof. (e) The Secretary or his designee shall, from time to time, consult with the members of the Commission with respect to matters relating to the development of Fire Island National Seashore and shall consult with the members with respect to carrying out the provisions of sections 2, 3, and 4 of this Act. (f)(1) Any member of the Advisory Commission appointed under this Act shall be exempted, with respect to such appointment, from, the operation of sections 281, 283, 284, and 1914 of title 18 of the United States Code and section 190 of the Revised Statutes (5 U.S.C. 99) except as otherwise specified in paragraph (2) of this subsection. (2) The exemption granted by paragraph (1) of this subsection shall not extend— (i) to the receipt of payment of salary in connection with the appointee's Government service from any sources other than the private employer of the appointee at the time of his appointment; or (ii) during the period of such appointment, and the further period of two years after the termination thereof, to the prosecution or participation in the prosecution, by any person so appointed, of any claim against the Government involving any matter concerning which the appointee had any responsibility arising out of his appointment during the period of such appointment.

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Page:United States Statutes at Large Volume 78.djvu/975

 78 STAT. ]

PUBLIC LAW 88-589-SEPT. 12, 1964

933

SEC. 10. There is hereby authorized to be appropriated not more than $16,000,000 for the acquisition of lands and interests in land pursuant to this Act. Approved September 11, 1964.

Appropriation,

Public Law 88-588 AN ACT

September s, 1964

To authorize the Secretary of the Interior to accept a transfer of certain lands within Everglades National Park, Dade County, Florida, for administration as a part of said park, and for other purposes.

[s. 2082]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That the Secretary..^""l^^'Jft,?'^" « i - r

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or the Interior is authorized to accept a transfer irom the Adminis- Transfer of trator of the Farmers Home Administration, United States Depart- lands, ment of Agriculture, which transfer is hereby authorized, of a tract of land consisting of approximately four thousand four hundred and twenty acres, lying within the boundaries of Everglades National Park, in Dade County, Florida, and more particularly described in the masters deed dated December 21, 1962, in the proceeding entitled "The Connecticut Mutual Life Insurance Company against Toni lori, a single man; Peter lori and Helen lori, his wife, d / b / a lori Bros., et al.," No. 61C-3823, in the Circuit Court of the Eleventh Judicial Circuit of Florida, in and for Dade County, and recorded in the official records of said county in book 3494 at page 457, or in any modification of such masters deed, for administration as a part of the Everglades National Park. Such transfer will be made by the Farmers Home Administration, Department of Agriculture, to the Secretary of Interior, only after the Farmers Home Administration's emergency credit revolving fund has been fully reimbursed for all cost incurred by it in connection with the aforesaid land. Such transfer may be accepted when title to the property is vested in the United States. SEC. 2. There is hereby authorized to be appropriated to the Appropriation, emergency credit revolving fund, upon the transfer authorized in section 1, such sum as may oe necessary but not in excess of $452,000 to reimburse the fund tor costs incurred by the Farmers Home Administration in connection with the aforesaid property. Approved September 12, 1964. Public Law 88-589 AN ACT

September 12, 1964

To amend the Federal Crop Insurance Act, as amended, in order to increase the number of new counties in which crop insurance may be offered each year.

^^' ^^^^

Be it enacted by the Senate and Hoiise of Representatives of the United States of America in Congress assembled, That the fourth sentence of section 508(a) of the Federal Crop Insurance Act, as amended (7 U.S.C. 1508(a)), is amended by striking out "in not to exceed 100 counties", and inserting in lieu thereof " m not to exceed 150 counties". Approved September 12, 1964.

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Page:United States Statutes at Large Volume 78.djvu/976

 934

PUBLIC LAW 88-590-SEPT. 12, 1964

[78 STAT.

Public Law 88-590 September 12, 1964

[5ilZ]

AN ACT

To provide for establishment of the Canyonlands National Park in the State of Utah, and for other purposes.

Be it enacted by the Senate and House of Representatives of the ^au^lai^patk United States of America in Congress assembled, That in order to Utah. ' preserve an area in the State of Utah possessing superlative scenic, Establishment, scientific, and archeologic features for the inspiration, benefit, and use of the public, there is hereby established the Canyonlands National Park which, subject to valid existing rights, shall comprise the following generally described lands: Beginning at a point on the left or east bank of the Green River on the north township line of township 27 south, range 17i/^ (partially surveyed), Salt LaKe base and meridian: thence easterly along the north township line through township 27 south, range liy^ ®^st (partially surveyed), and township 27 south, range 18 east (partially surveyed), to the northeast comer of section 6, township 27 south, range 18 east (partially surveyed); thence southerly along the east line of section 6 to the southeast corner of section 6, township 27 south, range 18 east (partially surveyed); thence easterly along the north line of sections 8, 9, and 10 to the northeast corner of section 10, township 27 south, range 18 east (partially surveyed); thence southerly along the east line of section 10 to the southeast corner of section 10, township 27 south, range 18 east (partially surveyed); thence easterly along the north line of sections 14 and 13 to the northeast corner of section 13, township 27 south, range 18 east (partially surveyed); thence continuing easterly along the north line of sections 18, 17, 16, and 15 to the northeast corner of section 15, township 27 south, range 19 east (partially surveyed); thence southerly along the east line of sections 15 and 22 to the southeast corner of section 22, township 27 south, range 19 east (partially surveyed); thence easterly along the north line of sections 26 and 25 to the northeast corner of section 25, township 27 south, range 19 east (partially surveyed); thencecontinuing easterly along the north line of section 30 to the northeast corner of section 30, township 27 south, range 20 east; thence southerly along the east line of section 30 to the southeast corner of section 30, township 27 south, range 20 east; thence easterly along the south line of section 29 to the southeast corner of the west half of section 28, township 27 south, range 20 east; thence southerly along the east line of the west half of section 33 to the southeast corner of the west half of sectiqn 33, township 27 south, range 20 east; thence continuing southerly along the east line of the west half of sections 4, 9, 16, and 21 to the southeast corner of the west half of section 21, township 28 south, range 20 east; thence westerly along the south line of sections 21 and 20 to the southwest corner of section 20, township 28 south, range 20 east; thence southerly along the east line of sections 30 and 31 to the southeast corner of section 31, township 28 south, range 20 east; thence continuing southerly along the east line of sections 6 and

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Page:United States Statutes at Large Volume 78.djvu/977

 78 STAT. ]

PUBLIC LAW 88-590-SEPT. 12, 1964

7 to the southeast corner of the north half of section 7, township 29 south, range 20 east; thence westerly along the south line of the north half of section 7 to the southwest corner of the north half of section 7, township 29 south, range 19 east; thence continuing westerly along the south line of the northeast quarter of section 12 to the southwest corner of the northeast quarter of section 12, township 29 south, range 19 east (partially surveyed); thence southerly along the east line of the west half of sections 12,13, and 24 to the southeast corner of the west half of section 24, township 29 south, range 19 east (partially surveyed); thence westerly along the south line of section 24 to the southwest corner of section 24, township 29 south, range 19 east (partially surveyed); thence southerly along the east line of sections 26 and 35 to the southeast corner of section 35, township 29 south, range 19 east (partially surveyed); thence easterly along the south line of township 29 south, range 19 east, to the east line of the west half of section 36, township 291/^ south, range 19 east (partially surveyed); thence southerly along the east line of the west half of section 36 to the southeast corner of the west half of section 36, township 291/^ south, range 19 east (partially surveyed); thence continuing southerly along the east line of the west half of section 1 to the southeast corner of the northwest quarter of section 1, township 30 south, range 19 east (partially surveyed); thence easterly along the north line of the southeast quarter of section 1 to the northeast comer of the southeast quarter of section 1, township 30 south, range 19 east (partially surveyed); thence southerly along the east line of section 1 to the southeast corner of section 1, township 30 south, range 19 east (partially surveyed); thence easterly along the north line of section 7 to the northeast corner of section 7, township 30 south, range 20 east; thence southerly along the east line of section 7 to the southeast corner of section 7, township 30 south, range 20 east; thence easterly along the north line of section 17 to the northeast corner of section 17, township 30 south, range 20.east; thence southerly a,long the east line of section 17 to the southeast corner of section 17, township 30 south, range 20 east; thence easterly along the north line of sections 21 and 22 to the northeast corner of section 22, township 30 south, range 20 east; thence southerly along the east line of sections 22, 27, and 34 to the southeast corner of section 34, township 30 south, range 20 east; thence easterly along the south line of township 30 south, range 20 east, to the east line of section 34, township 301^ south, range 20 east (partially surveyed); thence southerly along the east line of section 34 to the southeast corner of section 34, township 30i/^ south, range 20 east (partially surveyed); thence continuing southerly along the east line of sections 3,10, 15,22, 27, and 34 to the southeast corner of section 34, township 31 south, range 20 east (partially surveyed); thence continuing southerly along the east line of sections 3,10, and 15 to the southeast corner of section 15, township 32 south, range 20 east (partially surveyed); 31-667 0-65—62

935

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Page:United States Statutes at Large Volume 78.djvu/978

 936

PUBLIC LAW 88-590-SEPT. 12, 1964

[78 STAT.

thence westerly along the south line of sections 15,16,17, and 18 to the southwest corner of section 18, township 32 south, range 20 east (partially surveyed); thence northerly along the west line of section 18 to the northwest corner of section 18, township 32 south, range 20 east (partially surveyed); thence westerly along the south line of section 12 to the southwest corner of section 12, township 32 south, range 19 east (partially surveyed); thence northerly along the west line of sections 12 and 1 to the northwest corner of section 1, township 32 south, range 19 east (partially surveyed); thence westerly along the south line of section 35 to the southwest corner of section 35, township 31 south, range 19 east (partially surveyed); thence northerly along the west line of sections 35 and 26 to the northwest corner of section 26, township 31 south, range 19 east (partially surveyed); thence westerly along the south line of sections 22,21, 20, and 19 to the southwest corner of section 19, township 31 south, range 19 east (partially surveyed); thence continuing westerly along the south line of sections 24,23, 22,21,20, and 19 to the southwest corner of section 19, township 31 south, range 18 east (partially surveyed); thence continuing westerly along the south line of sections 24,23, and 22 to the southwest comer of the east half of section 22, township 31 south, range 17 east (partially surveyed); thence northerly along the west line of the east half of section 22 to the northwest corner of the east half of section 22, township 31 south, range 17 east (partially surveyed); thence westerly along the south line of section 15 to the southwest corner of section 15, township 31 south, range 17 east (partially surveyed); thence northerly along the west line of sections 15, 10, and 3 to the northwest corner of section 3, township 31 south, range 17 east (partially surveyed); thence easterly along the north line of sections 3, 2, and 1 to the northeast corner of section 1, township 31 south, range 17 east (partially surveyed); thence continuing easterly along the north line of section 6 to the northeast corner of section 6, township 31 south, range 18 east (partially surveyed); thence north through partially surveyed township 301^ south, range 18 east, to the north line of partially surveyed township 30i/^ south, range 18 east; thence easterly along the north line of partially surveyed township 301/^ south, range 18 east, to the southwest corner of section 34, township 30 south, range 18 east (partially surveyed); thence northerly along the west line of sections 34 and 27 to the northwest corner of section 27, township 30 south, range 18 east (partially surveyed); thence easterly along the north line of section 27 to the northeast corner of section 27, township 30 south, range 18 east (partially surveyed); thence northerly along the west line of sections 23, 14,11, and 2 to the northwest corner of section 2, township 30 south, range 18 east (partially surveyed);

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