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955

"(li) It shall be unlawful for any person to receive, conceal, transport, ship, store, barter, sell, or dispose of any explosive materials knowing or having reasonable cause to believe that such explosive materials were stolen. " (i) I t shall be unlawful for any person— "(1) who is under indictment for, or who has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year; "(2) who is a fugitive from justice; "(3) who is an unlawful user of or addicted to marihuana (as defined in section 4761 of the Internal Revenue Code of 1954) ^SA Stat. ses. or any depressant or stimulant drug (as defined in section 201(v) ^^ ^^^ '*^^^* of the Federal Food, Drug, and Cosmetic Act) or narcotic drug ga^^tat^^'ae^/' (as defined in section 4731(a) of the Internal Revenue Code of 21 USC 321*. 1954); or . I t f,l^^' ";, 26 USC 4731. "(4) who has been adjudicated as a mental defective or who "' """" '""' has been committed to a mental institution; to ship or transport any explosive in interstate or foreign commerce or to receive any explosive which has been shipped or transported in interstate or foreign commerce. "(j) I t shall be unlawful for any person to store any explosive material in a manner not in conformity with regulations promulgated by the Secretary. In promulgating such regulations, the Secretary shall take into consideration the class, type, and quantity of explosive materials to be stored, as well as the standards of safety and security recognized in the explosives industry. " (k) I t shall be unlawful for any person who has knowledge of the theft or loss of any explosive materials from his stock, to fail to report such theft or loss within twenty-four hours of discovery thereof, to the Secretary and to appropriate local authorities. "§ 843. Licenses and user permits " (a) An application for a user permit or a license to import, manufacture, or deal in explosive materials shall be in such form and contain such information as the Secretary shall by regulation prescribe. Each applicant for a license or permit shall pay a fee to be charged as set by the Secretary, said fee not to exceed $200 for each license or permit. Each license or permit shall be valid for no longer than three years from date of issuance and shall be renewable upon the same conditions and subject to the same restrictions as the original license or permit and upon payment of a renewal fee not to exceed one-half of the original fee. " (b) Upon the filing of a proper application and payment of the prescribed fee, and subject to the provisions of this chapter and other applicable laws, the Secretary shall issue to such applicant the appropriate license or permit if— "(1) the applicant (including in the case of a corporation, partnership, or association, any individual possessing, directly or indirectly, the power to direct or cause the direction of the management and policies of the corporation, partnership, or association) is not a person to whom the distribution of explosive materials would be unlawful under section 842(d) of this chapter; "(2) the applicant has not willfully violated any of the provisions of this chapter or regulations issued hereunder; "(3) the applicant has in a State premises from which he conducts or intends to conduct business; " (4) the applicant has a place of storage for explosive materials which meets such standards of public safety and security against theft as the Secretary by regulations shall prescribe; and

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License authority.

Denial or revocation, written notice.

Judicial review.

80 Stat. 392. Records, availability.

PUBLIC LAW 91-452-OCT. 15, 1970

[84

STAT.

"(5) the applicant has demonstrated and certified in writing that he is familiar with all published State laws and local ordinances relating to explosive materials for the location in which he intends to do business. "(c) The Secretary shall approve or deny an application within a period of forty-five days beginning on the date such application is received by the Secretary. " (d) The Secretary may revoke any license or permit issued under this section if in the opinion of the Secretary the holder thereof has violated any provision of this chapter or any rule or regulation prescribed by the Secretary under this chapter, or has become ineligible to acquire explosive materials under section 842(d). The Secretary's action under this subsection may be reviewed only as provided in subsection (e)(2) of this section. "(e)(1) Any person whose application is denied or whose license or permit is revoked shall receive a written notice from the Secretary stating the specific grounds upon which such denial or revocation is based. Any notice of a revocation of a license or permit shall be given to the holder of such license or permit prior to or concurrently with the effective date of the revocation. "(2) If the Secretary denies an application for, or revokes a license, or permit, he shall, upon request by the aggrieved party, promptly hold a hearing to review his denial or revocation. I n the case of a revocation, the Secretary may upon a request of the holder stay the effective date of the revocation. A hearing under this section shall be at a location (Convenient to the aggrieved party. The Secretary shall give written notice of his decision to the aggrieved party within a reasonable time after the hearing. The aggrieved part}^ may, within sixty days after receipt of the Secretary's written decision, file a petition with the United States court of appeals for the district in which he resides or has his principal place of business for a judicial review of such denial or revocation, pursuant to sections 701-706 of title 5, United States Code. "(f) Licensees and permittees shall make available for inspection at all reasonable times their records kept pursuant to this chapter or the regulations issued hereunder, and shall submit to the Secretary such reports and information with respect to such records and the contents thereof as he shall by regulations prescribe. The Secretary may enter during business hours the premises (including places of storage) of any licensee or permittee, for the purpose of inspecting or examining (1) any records or documents required to be kept by such licensee or permittee, under the provisions of this chapter or regulations issued hereunder, and (2) any explosive materials kept or stored by such licensee or permittee at such premises. Upon the request of any State or any political subdivision thereof, the Secretary may make available to such State or any political subdivision thereof, any information which he may obtain by reason of the provisions of this chapter with respect to the identification of persons within such State or political subdivision thereof, who have purchased or received explosive materials, together with a description of such explosive materials. " (g) Licenses and permits issued under the provisions of subsection (b) of this section shall be kept posted and kept available for inspection on the premises covered by the license and permit. "§ 844. Penalties " (a) Any person who violates subsections (a) through (i) of section 842 of this chapter shall be fined not more than $10,000 or imprisoned not more than ten years, or both.

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"(b) Any person who violates any other provision of section 842 of this chapter shall be fined not more than $1,000 or imprisoned not more than one year, or both. "(c) Any explosive materials involved or used or intended to be used in any violation of the provisions of this chapter or any other rule or regulation promulgated thereunder or any violation of any criminal law of the United States shall be subject to seizure and forfeiture, and all provisions of the Internal Revenue Code of 1954 relating to the seizure, forfeiture, and disposition of firearms, as defined in section 5845 (a) of that Code, shall, so far as applicable, extend to seizures and forfeitures under the provisions of this chapter. " (d) Whoever transports or receives, or attempts to transport or receive, in interstate or foreign commerce any explosive with the knowledge or intent that it will be used to kill, injure, or intimidate any individual or unlawfully to damage or destroy any building, vehicle, or other real or personal property, shall be imprisoned for not more than ten years, or fined not more than $10,000, or both; and if personal injury results shall be imprisoned for not more than twenty years or fined not more than $20,000, or both; and if death results, shall be subject to imprisonment for any term of years, or to the death penalty or to life imprisonment as provided in section 34 of this title, "(e) Whoever, through the use of the mail, telephone, telegraph, or other instrument of commerce, willfully makes any threat, or maliciously conveys false information knowing the same to be false, concerning an attempt or alleged attempt being made, or to be made, to kill, injure, or intimidate any individual or unlawfully to damage or destroy any building, vehicle, or other real or personal property by means of an explosive shall be imprisoned for not more than five years or fined not more than $5,000, or both. "(f) Whoever maliciously damages or destroys, or attempts to damage or destroy, by means of an explosive, any building, vehicle, or other personal or real property in whole or in part owned, possessed, or used by, or leased to, the United States, any department or agency thereof, or any institution or organization receiving Federal financial assistance shall be imprisoned for not more than ten years, or fined not more than $10,000, or both; and if personal injury results shall be imprisoned for not more than twenty years, or fined not more than $20,000, or both; and if death results shall be subject to imprisonment for any term of years, or to the death penalty or to life imprisonment as provided in section 34 of this title. " (g) Whoever possesses an explosive in any building in whole or in part owned, possessed, or used by, or leased to, the United States or any department or agency thereof, except with the written consent of the agency, department, or other person responsible for the management of such building, shall be imprisoned for not more than one year, or fined not more than $1,000, or both. " (h) Whoever— "(1) uses an explosive to commit any felony which may be prosecuted in a court of the United States, or "(2) carries an explosive unlawfully during the commission of any felony which may be prosecuted in a court of the United States, shall be sentenced to a term of imprisonment for not less than one year nor more than ten years. I n the case of his second or subsequent conviction under this subsection, such person shall be sentenced to a term of imprisonment for not less than five years nor more than twenty-five years, and, notwithstanding any other provision of law, the court shall not suspend the sentence of such person or give him a probationary sentence.

957 Ante, p. 953.

82 Stat. 1230. 26 USC 5845. ^ "^ °'" '

'^o Stat. 540. 18 USC 34.

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"Explosive."

^82 Stat. 91. 18 Tso 232. ,o uTeo oco

PUBLIC LAW 91-452-OCT. 15, 1970

[84 STAT.

" (i) Whoever maliciously damages or destroys, or attempts to damage or destroy, by means of an explosive, any building, vehicle, or other real or personal property used in interstate or foreign commerce or in any activity affecting interstate or foreign commerce shall be imprisoned for not more than ten years or fined not more than $10,000, or both; and if personal injury results shall be imprisoned for not more than twenty years or fined not more than $20,000, or both; and if death results shall also be subject to imprisonment for any term of years, or to the death penalty or to life imprisonment as provided in section 34 of this title. "(j) For the purposes of subsections (d), (e), (f), (g), (h), and (i) of this section, the term 'explosive' means gunpowders, powders used for blasting, all forms of high explosives, blasting materials, fuzes (other than electric circuit breakers), detonators, and other detonating agents, smokeless powders, other explosive or incendiary devices within the meaning of paragraph (5) of section 232 of this title, and ^^^ chemical compounds,^ mechanical mixture, or device that contains any oxidizing and combustible units, or other ingredients, in such proportions, quantities, or packing that ignition by fire, by friction, by concussion, by percussion, or by detonation of the compound, mixture, or device or any part thereof may cause an explosion. "§ 845. Exceptions; relief from disabilities "(a) Except in the case of subsections (d), (e), (f), (g), (h), and (i) of section 844 of this title, this chapter shall not apply to: "(1) any aspect of the transportation of explosive materials via railroad, water, highway, or air which are regulated by the United States Department of Transportation and agencies thereof; "(2) the use of explosive materials in medicines and medicinal agents in the forms prescribed by the official United States Pharmacopeia, or the National Formulary; "(3) the transportation, shipment, receipt, or importation of explosive materials for delivery to any agency of the United States or to any State or political subdivision thereof; "(4) small arms ammunition and components thereof; "(5) black powder in quantities not to exceed five pounds; and "(6) the manufacture under the regulation of the military department of the United States of explosive materials for, or their distribution to or storage or possession by the military or naval services or other agencies of the United States; or to arsenals, navy yards, depots, or other establishments owned by, or operated by or on behalf of, the United States. " (b) A person who had been indicted for or convicted of a crime punishable by imprisonment for a term exceeding one year may make application to the Secretary for relief from the disabilities imposed by this chapter with respect to engaging in the business of importing, manufacturing, or dealing in explosive materials, or the purchase of explosive materials, and incurred by reason of such indictment or conviction, and the Secretary may grant such relief if it is established to his satisfaction that the circumstances regarding the indictment or conviction, and the applicant's record and reputation, are such that the applicant will not be likely to act in a manner dangerous to public safety and that the granting of the relief will not be contrary to the public interest. A licensee or permittee who makes application for relief from the disabilities incurred under this chapter by reason of indictment or conviction, shall not be barred by such indictment or conviction from further operations under his license or permit pending final action on an application for relief filed pursuant to this section.

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"§ 846. Additional powers of the Secretary "The Secretary is authorized to inspect the site of any accident, or fire, in which there is reason to believe that explosive materials were involved, in order that if any such incident has been brought about by accidental means, precautions may be taken to prevent similar accidents from occurring. I n order to carry out the purpose of this subsection, the Secretary is authorized to enter into or upon any property where explosive materials have been used, are suspected of having been used, or have been found in an otherwise unauthorized location. Nothing in this chapter shall be construed as modifying or otherwise affecting in any way the investigative authority of any other Federal agency. I n addition to any other investigatory authority they have with respect to violations of provisions of this chapter, the Attorney General and the Federal Bureau of Investigation, together with the Secretary, shall have authority to conduct investigations with resptect to violations of subsection (d), (e), (f), (g), (h), or (i) of section 844 of this title. "§ 847. Rules and regulations "The administration of this chapter shall be vested in the Secretary. The Secretary may prescribe such rules and regulations as he deems reasonably necessary to carry out the provisions of this chapter. The Notice; hearing Secretary shall give reasonable public notice, and afford to interested opportunity. parties opportunity for hearing, prior to prescribing such rules and regulations. "§ 848. Effect on State law "No provision of this chapter shall be construed as indicating an intent on the part of the Congress to occupy the field in which such provision operates to the exclusion of the law of any State on the same subject matter, unless there is a direct and positive conflict between such provision and the law of the State so that the two cannot be reconciled or consistently stand together." (b) The title analysis of title 18, United States Code, is amended by inserting immediately below the item relating to chapter 39 the following: "40. Importation, manufacture, distribution and storage of explosive materials 841".

SEC. 1103. Section 2516(1)(c) of title 18, United States Code, is 82 Stat. 216. amended by inserting after "section 224 (bribery in sporting contests)," the following: "subsection (d), (e), (f), (g), (h), or (i) of section 844 (unlawful use of explosives),". SEC. 1104. Nothing in this title shall be construed as modifying or affecting any provision of— (a) The National Firearms Act (chapter 53 of the Internal Revenue Code of 1954); 82 Stat. 1227. (b) Section 414 of the Mutual Security Act of 1954 (22 U.S.C. ^^ "^^ 5^°'1934), as amended, relating to munitions control; ^^ Stat. 848, (c) Section 1716 of title 18, United States Code, relating to " ^tat. rsi. nonmailable materials; (d) Sections 831 through 836 of title 18, United States Code; or 68 Stat. i70; (e) Chapter 44 of title 18, United States Code. 74 Stat. sos. SEC. 1105. (a) Except as provided in subsection (b), the provisions 82 Stat. 1214. of chapter 40 of title 18, United States Code, as enacted by section E«^c^twe^dates. 1102 of this title shall take effect one hundred and twenty days after Ante, p. 952. the date of enactment of this Act. (b) The following sections of chapter 40 of title 18, United States Code, as enacted by section 1102 of this title shall take effect on the date of the enactment of this Act: sections 841, 844(d), (e), (f), (g), (h), (i), and (j), 845, 846, 847, 848, and 849.

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 960 Ante,

PUBLIC LAW 91-452-OCT. 15, 1970 p. 952.

55 Stat. 8 6 3.

Repeal. 74 Stat. 8 7. Appropriation.

[84 STAT.

(c) Any person (as defined in section 841(a) of title 18, United States Code) engaging in a business or operation requiring a license or permit under the provisions of chapter 40 of such title 18 who was engaged in such business or operation on the date of enactment of this Act and who has filed an application for a license or permit under the provisions of section 843 of such chapter 40 prior to the effective date of such section 843 may continue such business or operation pending final action on his application. All provisions of such chapter 40 shall apply to such applicant in the same manner and to the same extent as if he were a holder of a license or permit under such chapter 40. SEC. 1106. (a) The Federal Explosives Act of October 6, 1917 (40 Stat. 385, as amended; 50 U.S.C. 121-143), and as extended by Act of July 1, 1948 (40 Stat. 671; 50 U.S.C. 144), and all regulations adopted thereunder are hereby repealed. (b)(1) Section 837 of title 18 of the United States Code is repealed. (2) The item relating to such section 837 in the chapter analysis of chapter 39 of such title 18 is repealed. SEC. 1107. There are hereby authorized to be appropriated such sums as are necessary to carry out the purposes of this title. TITLE X II — N A T I O N A L COMMISSION ON INDIVIDUAL RIGHTS

Members, appointment.

Ante, p. 9 2 3. Ante, p. 9 4 8.

SEC. 1201. There is hereby established the National Commission on Individual Eights (hereinafter in this title referred to as the "Commission"). SEC. 1202. The Commission shall be composed of fifteen members appointed as follows: (1) four appointed by the President of the Senate from Members of the Senate; (2) four appointed by the Speaker of the House of Representatives from Members of the House of Representatives; and (3) seven appointed by the President of the United States from all segments of life in the United States, including but not limited to lawyers, jurists, and policemen, none of whom shall be officers of the executive branch of the Government. SEC. 1203. The President of the United States shall designate a Chairman from among the members of the Commission. Any vacancy in the Commission shall not affect its powers but shall be filled in the same manner in which the original appointment was made. SEC. 1204. I t shall be the duty of the Commission to conduct a comprehensive study and review of Federal laws and practices relating to special grand juries authorized under chapter 216 of title 18, United States Code, dangerous special offender sentencing under section 3575 of title 18, United States Code, wiretapping and electronic surveillance, bail reform and preventive dentention, no-knock search warrants, and the accumulation of data on individuals by Federal agencies as authorized by law or acquired by executive action. The Commission may also consider other Federal laws and practices which in its opinion may infringe upon the individual rights of the people of the United States. The Commission shall determine which laws and practices are needed, which are effective, and whether they infringe upon the individual rights of the people of the United States. SEC. 1205. (a) Subject to such rules and regulations as may be adopted by the Commission, the Chairman shall have the power to— (1) appoint and fix the compensation of an Executive Director, and such additional staff personnel as he deems necessary, without regard to the provisions of title 5, United States Code,

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governing appointments in the competitive service, and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, but at rates not m excess of the maximum rate for GS-18 of the General Schedule under section 5332 of such title; and (2) procure temporary and intermittent services to the same extent as is authorized by section 3109 of title 5, United States Code, but at rates not to exceed $100 a day for individuals, (b) I n making appointments pursuant to subsection (a) of this section, the Chairman shall include among his appointment individuals determined by the Chairman to be competent social scientists, lawyers, and law enforcement officers. SEC. 1206. (a) A member of the Commission who is a Member of Congress shall serve without additional compensation, but shall be reimbursed for travel, subsistence, and other necessary expenses incurred in the performance of duties vested in the Commission. (b) A member of the Commission from private life shall receive $100 per diem when engaged in the actual performance of duties vested in the Commission, plus reimbursement for travel, subsistence, and other necessary expenses incurred in the performance of such duties. SEC. 1207. Each department, agency, and instrumentality of the executive branch of the Government, including independent agencies, is authorized and directed to furnish to the Commission, upon request made by the Chairman, such statistical data, reports, and other information as the Commission deems necessary to carry out its functions under this title. The Chairman is further authorized to call upon the departments, agencies, and other offices of the several States to furnish such statistical data, reports, and other information as the Commission deems necessary to carry out its functions under this title. SEC. 1208. The Commission shall make interim reports and recommendations as it deems advisable, but at least every two years, and it shall make a final report of its findings and recommendations to the President of the United States and to the Congress at the end of six years following the effective date of this section. Sixty days after the submission of the final report, the Commission shall cease to exist. SEC. 1209. (a) Except as provided in subsection (b) of this section, any member of the Commission is exempted, with respect to his appointment, from the operation of sections 203, 205, 207, and 209 of title 18, United States Code. (b) The exemption granted by subsection (a) of this section shall not extend— (1) to the receipt of payment of salary in connection with the appointee's Government service from any source other than the private employer of the appointee at the time of his appointment, or (2) during the period of such appointment, to the prosecution, by any person so appointed, of any claim against the Government involving any matter with which such person, during such period, is or was directly connected by reason of such appointment. SEC. 1210. The foregoing provisions of this title shall take effect on January 1, 1972. SEC. 1211. There are authorized to be appropriated such sums as may be necessary to carry out the provisions of this title. SEC. 1212. Section 804 of the Omnibus Crime Control and Safe Streets Act of 1968 (Public Law 90^351; 18 U.S.C. 2510 note) is repealed.

%1

80 Stat. 443, 467. 5 USC 5101, 5331. Ante, p. 198-1.

80 Stat. 416.

Travel expenses.

Agency cooperation.

Reports and recommendations to President and Congress.

76 Stat. 1121.

Effective date. Appropriation. Repeal. 82 Stat. 223.

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[84 STAT.

TITLE XIII—GENERAL PROVISIONS separability.

gEc. 1301. If the provisioHS of Mij part of this Act or the application thereof to any person or circumstances be held invalid, the provisions of the other parts and their application to other persons or circumstances shall not be affected thereby. Approved October 15, 1970.

Public Law 91-453 October 15, 1970 [S.3154]

Urban Mass Transportation Assistance Act of 1970.

78 Stat. 3 0 2. 49 USC 1601 note.

Federal financial a s s i s t 78 Stat. 3 0 3.

Grants and loans.

Eligible f a c i l i t i e s and equipment.

AN ACT To provide long-term financing for expanded urban mass transportation programs, 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 Congress finds that the rapid urbanization and the continued dispersal of population and activities within urban areas has made the ability of all citizens to move quickly and at a reasonable cost an urgent national problem; that it is imperative, if efficient, safe, and convenient transportation compatible with soundly planned urban areas is to be achieved, to continue and expand the Urban Mass Transportation Act of 1964; and that success will require a Federal commitment for the expenditure of at least $10,000,000,000 over a twelve-year period to permit confident and continuing local planning, and greater flexibility in program administration. I t is the purpose of this Act to create a partnership which permits the local community, through Federal financial assistance, to exercise the initiative necessary to satisfy its urban mass transportation requirements. SEC. 2. Section 3 of the Urban Mass Transportation Act of 1964, as amended (49 U.S.C. 1602), is amended— (1) by redesignating subsection (c) as subsection (e); and (2) by striking out subsections (a) and (b) and inserting in lieu thereof subsections (a), (b), (c), and (d), as follows: " (a) The Secretary is authorized, in accordance with the provisions of this Act and on such terms and conditions as he may prescribe, to make grants or loans (directly, through the purchase of securities or equipment trust certificates, or otherwise) to assist States and local public bodies and agencies thereof in financing the acquisition, construction, reconstruction, and improvement of facilities and equipment for use, by operation or lease or otherwise, in mass transportation service in urban areas and in coordinating such service with highway and other transportation in such areas. Eligible facilities and equipment may include land (but not public highways), buses and other rolling stock, and other real and personal property needed for an efficient and coordinated mass transportation system. No grant or loaoi shall be provided under this section unless the Secretary deter-, mines that the applicant has or will have—

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"(1) the legal, financial, and technical capacity to carry out the proposed project; and " (2) satisfactory continuing control, through operation or lease or otherwise, over the use of the facilities and equipment. The Secretary may make loans for real property acquisition pursuant Reai property to subsection (b) upon a determination, which shall be in lieu of the ^^^'^"1^^"*'°"'''°"" preceding determinations, that the real property is reasonably expected to be required in connection with a mass transportation system and that it will be used for that purpose within a reasonable period. No grant or loan funds shall be used for payment of ordinary govern- operating mental or nonprofit operating expenses. An applicant for assistance hfbiiron.^' ^'^°" under this section for a project located wholly or partly in a State in which there is statewide comprehensive transportation planning shall furnish a copy of its application to the Governor of each State affected concurrently with submission to the Secretary. If, within thirty days thereafter, the Governor submits comments to the Secretary, the Secretary must consider the comments before taking final action on the application. " (b) The Secretary is authorized to make loans under this section to States or local public bodies and agencies thereof to finance the acquisition of real property and interests in real property for use as rights-of-way, station sites, and related purposes, on urban mass transportation systems, including the net cost of property management and relocation payments made pursuant to section 7. Each loan ^s Stat. 305. agreement under this subsection shall provide for actual construction '^^ ^^^ ^^°^' of urban mass transportation facilities on acquired real property within a period not exceeding ten years following the fiscal year in which the agreement is made. Each agreement shall provide that in the event acquired real property or interests in real property are not to be used for the purposes for which acquired, an appraisal of current value will be made at the time of that determination, which shall not be later than ten years following the fiscal year in which the agreement is made. Two-thirds of the increase in value, if any, over the original cost of the real property shall be paid to the Secretary for credit to miscellaneous receipts of the Treasury. Repayment of amounts Repayment. loaned shall be credited to miscellaneous receipts of the Treasury. A loan made under this subsection shall be repayable within ten years from the date of the loan agreement or on the date a grant agreement for actual construction of facilities on the acquired real property is made, whichever date is earlier. A grant agreement for construction of facilities under this Act may provide for forgiveness of the repayment of the principal and accrued interest on the loan then outstanding in lieu of a cash grant in the amount thus forgiven, which for all purposes shall be considered a part of the grant and of the Federal

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Interest rates.

Hearings.

PUBLIC LAW 91-453-OCT. 15, 1970

[84 STAT.

portion of the cost of the project. An applicant for assistance under this subsection shall furnish a copy of its application to the comprehensive planning agency of the community affected concurrently with submission to the Secretary. If within a period of thirty days thereafter (or, in a case where the comprehensive planning agency of the community (during such thirty-day period) requests more time, within such longer period as the Secretary may determine) the comprehensive planning agency of the community affected submits comments to the Secretary, the Secretary must consider the comments before taking final action on the application. "(c) No loans shall be made under this section for any project for which a grant is made under this section, except— "(1) loans may be made for projects as to which grants are made for relocation payments; and "(2) project grants may be made even though the real property involved in the project has been or will be acquired as a result of a loan under subsection (b). Interest ou loaus made under this section shall be at a rate not less than (i) a rate determined by the Secretary of the Treasury, taking into consideration the current average market yield on outstanding marketable obligations of the United States with remaining periods to maturity comparable to the average maturities of such loans adjusted to the nearest one-eighth of 1 per centum, plus (ii) an allowance adequate in the judgment of the Secretary of Transportation to cover administrative costs and probable losses under the program. No loans shall be made, including renewals or extensions thereof, and no securities or obligations shall be purchased, which have maturity dates in excess of forty years. " (d) Any application for a grant or loan under this Act to finance the acquisition, construction, reconstruction, or improvement of facilities or equipment which will substantially affect a community or its mass transportation service shall include a certification that the applicant— "(1) has afforded an adequate opportunity for public hearings pursuant to adequate prior notice, and has held such hearings unless no one with a significant economic, social, or environmental interest in the matter requests a hearing; " (2) has considered the economic and social effects of the project and its impact on the environment; and "(3) has found that the project is consistent with official plans for the comprehensive development of the urban area. Notice of any hearings under this subsection shall include a concise statement of the proposed project, and shall be published in a newspaper of general circulation in the geographic area to be served. If hearings have been held, a copy of the transcript of the hearings shall be submitted with the application."

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PUBLIC LAW 91-453-OCT. 15, 1970

965

SEC. 3 (a) Section 4(a) of the Urban Mass Transportation Act of ^^7/J^^^ 1964, as amended (49 U.S.C. 1603(a)), is amended— ^'^7^8^*1.304; (1) by striking out "section 3" in the first sentence and in- 82 Stat. 535. serting m lieu thereof "subsection (a) of section 3 "; and (2) by striking out the next to the last sentence and inserting in lieu thereof the following: "Such remainder may be provided in whole or in part from other than public sources and any public or private transit system funds so provided shall be solely from undistributed cash surpluses, replacement or depreciation funds or reserves available in cash, or new capital." (b) Section 4 of such Act, as amended (49 U.S.C. 1603), is amended Appropriation. by adding at the end thereof the following new subsections: "(c) To finance grants and loans under sections 3,7 (b), and 9 of this Act, the Secretary is authorized to incur obligations on behalf of the ^^£*^^ 305^^' United States in the form of grant agreements or otherwise in amounts so stat! 71s! aggregating not to exceed $3,100,000,000, less amounts appropriated 49 USC 1602, pursuant to section 12(d) of this Act and the amount appropriated to ^^pl'J^p^^l'^e, the Urban Mass Transportation Fund by Public Law 91-168. This 83 st'at.'46o.* amount (which shall be in addition to any amounts available to finance such activities under subsection (b) of this section) shall become avail- ^^ ^^^^' ^^2* able for obligation upon the date of enactment of this subsection and shall remain available until obligated. There are authorized to be appropriated for liquidation of the obligations incurred under this subsection not to exceed $80,000,000 prior to July 1, 1971, which amount may be increased to not to exceed an aggregate of $310,000,000 prior to July 1, 1972, not to exceed an aggregate of $710,000,000 prior to July 1, 1973, not to exceed an aggregate of $1,260,000,000 prior to July 1, 1974, not to exceed an aggregate of $1,860,000,000 prior to July 1, 1975, and not to exceed an aggregate of $3,100,000,000 thereafter. The total amounts appropriated under this subsection and section 12(d) of this Act shall not exceed the limitations in the foregoing schedule. Sums so appropriated shall remain available until expended. " (d) The Secretary shall report annually to the Congress with Report to respect to outstanding grants or other contractual agreements executed °"^''^^^' pursuant to subsection (c) of this section. To assure program conti- Authorization nuity and orderly planning and project development, the Secretary, ""^'^"^^ ^* after consultation with State and local public agencies, shall submit to the Congress (1) authorization requests for fiscal years 1976 and 1977 not later than February 1, 1972, (2) authorization requests for fiscal years 1978 and 1979 not later than February 1, 1974, (3) authorization requests for fiscal years 1980 and 1981 not later than February 1, 1976, and (4) an authorization request for fiscal year 1982 not later than February 1, 1978. Such authorization requests shall be designed to meet the Federal commitment specified in the first section of the Urban Mass

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 Isthmus of Tehuantepec, the northern frontier of the Maya Empire, and, if carried overland on the south until it intersect the seaboard of the Bay of Honduras, the segment of the circle thus formed resembles the bottom of a calabash, and the peninsula the sprout.

Analyzing the character yet more closely, we see a line of dots on each side of the base of the sprout, the root of which is made to repose on the curled figure intended to represent the curling of the smoke as it ascends into the air from the crater of the volcanoes among the mountains, indicated, as on our maps, by the etchings on both sides of the body of the symbol. These tokens prove that the designer knew the geological formation of the country in which he lived; and that the peninsula had been upheaved from the bottom of the sea by the action of volcanic forces, whose centre of activity was in his time, as it still is, in the mountains of Guatemala, far away in the interior of the continent. By placing the small end of the sprout deep into the figure on the focus of the volcanic action, on the curling line of the smoke, and by the dots, on both sides of the root of the sprout, he shows that he knew that the upheaval of the peninsula was effected by the expansive force of the gases, which produce earthquakes by their pressure on the uneven under surface of the superficial strata, too homogeneous to permit their escape.

Thus it is that we come to learn from the pen of an ancient Maya philosopher that the name of his people, once upon a time so broadly scattered over the face of the earth, had its


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 966

PUBLIC LAW 91-453-OCT. 15, 1970

R e c omme ndat i o n s to Congress.

78 Stat. 304; 83 Stat. 3 9 2.

79 Stat. 507; 80 Stat. 715.

Transportation Assistance Aot of 1970. Concurrently with these authorization requests, the Secretary shall also submit his recommendations for any necessary adjustments in the schedule for liquidation of obligations." SEC. 4. (a) Section 5 of the Urban Mass Transportation Act of 1964, as amended (49 U.S.C. 1604), is amended by striking out "1971" and inserting in lieu thereof "1972". (b) Section 5 of such Act, as amended (49 U.S.C. 1604), is further amended by striking out the next to the last sentence and inserting in lieu thereof the following: "Such remainder may be provided in whole or in part from other than public sources and any public or private transit system funds so provided shall be solely from undistributed cash surpluses, replacement or depreciation funds or reserves available in cash, or new capital." SEC. 5. Section 12(d) of the Urban Mass Transportation Act of 1964 (49 U.S.C. 1608(d)) is amended to read as follows: " (d) There are hereby authorized to be appropriated, without fiscal year limitation out of any money in the Treasury not otherwise appropriated, the funds necessary to carry out the functions under this Act.". SEC. 6. Section 14 of the Urban Mass Transportation Act of 1964, as amended (49 U.S.C. 1610), is amended to read as follows: uENVIRONMENTAL,

Ante,

p. 962.

Hearings, review.

[84 STAT.

PROTECTION

"SEC. 14. (a) I t is hereby declared to be the national policy that special effort shall be made to preserve the natural beauty of the countryside, public park and recreation lands, wildlife and waterfowl refuges, and important historical and cultural assets, in the planning, designing, and construction of urban mass transportation projects for which Federal assistance is provided pursuant to section 3 of this Act. I n implementing this policy the Secretary shall cooperate and consult with the Secretaries of Agriculture, Health, Education, and Welfare, Housing and Urban Development, and Interior, and with the Council on Environmental Quality with regard to each project that may have a substantial impact on the environment. "(b) The Secretary shall review each transcript of hearing submitted pursuant to section ^{d\ to assure that an adequate opportunity was afforded for the presentation of views by all parties with a significant economic, social, or environmental interest, and that the project application includes a detailed statement on— "(1) the environmental impact of the proposed project, " (2) any adverse environmental effects which cannot be avoided should the proposal be implemented, " (3) alternatives to the proposed project, and "(4) any irreversible and irretrievable impact on the environment which may be involved in the proposed project should it be implemented. "(c) The Secretary shall not approve any application for assistance under section 3 unless he finds in writing, after a full and complete review of the application and of any hearings held before the State or local public agency pursuant to section 3(d), that (1) adequate opportunity was afforded for the presentation of views by all parties with a significant economic, social, or environmental interest, and fair consideration has been given to the preservation and enhancement of the environment and to the interest of the community in which the project is located, and (2) either no adverse environmental effect is likely to result from such project, or there exists no feasible and prudent alternative to such effect and all reasonable steps have been taken

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 84 STAT. ]

PUBLIC LAW 91-453-OCT. 15, 1970

967

to minimize such effect. I n any case in which a hearing has not been held before the State or local agency pursuant to section 3(d), or in Ante, p. 964. which the Secretary determines that the record of hearings before the State or local public agency is inadequate to permit him to make the findings required under the preceding sentence, he shall conduct hearings, after giving adequate notice to interested persons, on any environmental issues raised by such application. Findings of the Secretary under this subsection shall be made a matter of public record." SEC. 7. Section 15 of the Urban Mass Transportation Act of 1964, as amended (49 U.S.C. 1611), is amended to read as follows: ^s Stat. aos; ^

^^

80 Stat. 7 1 5, 71.7.

(C

STATE LIMITATION

"SEC. 15. Grants made under section 3 (other than for relocation payments in accordance with section 7(b)) before July 1, 1970, for proj- 78 Stat. 305. ects in any one State shall not exceed in the a g ^ e g a t e 121/^ per centum " ^ "^^ ^^°^* of the aggregate amount of grant funds authorized to be appropriated pursuant to section 4(b); except that the Secretary may, without 49 USC fe03 regard to such limitation, enter into contracts for grants under section 3 aggregating not to exceed $12,500,000 (subject to the total authorization provided in section 4(b)) with local public bodies and agencies in States where more than two-thirds of the maximum grants permitted in the respective State under this section has been obligated. Grants made under section 3 on or after July 1, 1970, for projects in any one State may not exceed in the aggregate 121/0 per centum of the aggregate amount of funds authorized to be obligated under section 4(c), ^"*^» P* ^^S. except that 15 per centum of the aggregate amount of grant funds authorized to be obligated under section 4(c) may be used by the Secretary, without regard to this limitation, for grants in States where more than two-thirds of the maximum amounts permitted under this section has been obligated. I n computing State limitations under this section, grants for relocation payments shall be excluded. Any grant made under section 3 to a local public body or agency in a major metropolitan area which is used in whole or in part to provide or improve urban mass transportation service, pursuant to an interstate compact approved by the Congress, in a neighboring State having within its boundaries population centers within normal commuting distance from such major metropolitan area, shall, for purposes of computing Stat© limitations under this section, be allocated on an equitable basis, in accordance with regulations prescribed by the Secretary, between the State in which such public body or agency is situated and such neighboring State." SEC. 8. The Urban Mass Transportation Act of 1964 is further 8oltf!!V*i5?' amended by adding at the end thereof the following new section: 49 USC le'oi note. " P L A N N I N G A N D D E S I G N OF M A S S T R A N S P O R T A T I O N FACILITIES TO MEET

SPECIAL NEEDS OF THE ELDERLY AND THE HANDICAPPED

"SEC. 16. (a) I t is hereby declared to be the national policy that elderly and handicapped persons have the same right as other persons to utilize mass transportation facilities and services; that special efforts shall be made in the planning and design of mass transportation facilities and services so that the availability to elderly and handicapped persons of mass transportation which they can effectively utilize will be assured; and that all Federal programs offering assistance in the field of mass transportation (including the programs under this Act) should contain provisions implementing this policy. " (b) I n addition to the grants and loans otherwise provided for 47-348 0 - 7 2 - 6 5 (Pt. 1)

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Page:United States Statutes at Large Volume 84 Part 1.djvu/1026

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PUBLIC LAW 91-453-OCT. 15, 1970

[84 STAT.

under this Act, the Secretary is authorized to make grants or loans for the specific purpose of assisting States and local public bodies and agencies thereof in providing mass transportation services which are planned, designed, and carried out so as to meet the special needs of elderly and handicapped persons. Grants and loans made under the preceding sentence shall be subject to all of the terms, conditions, requirements, and provisions applicable to grants and loans made Ante, p. 962. under section 3(a), and shall be considered for the purposes of all other laws to have been made under such section. Of the total amount of the obligations which the Secretary is authorized to incur on behalf Ante, p. 965. ^f ^j^g United States under the first sentence of section 4(c), l^^ per centum may be set aside and used exclusively to finance the programs and activities authorized by this subsection (including administrative costs). "(c) Of any amounts made available to finance research, develop82^stft°5*35°^' ment, and demonstration projects under section 6 after the date of the 49 USC 16*05. enactment of this section, I14 per centum may be set aside and used exclusively to increase the information and technology which is available to provide improved transportation facilities and services planned and designed to meet the special needs of elderly and handicapped persons, e'r^n""'''^^^*'^ " (^) ^ ^ ^ purposes of this Act, the term 'handicapped person' means any individual who, by reason of illness, injury, a^e, congenital malfunction, or other permanent or temporary incapacity or disability, is unable without special facilities or special planning or design to utilize mass transportation facilities and services as effectively as persons who are not so affected." ^^^'^ySEC. 9. The Secretary of Transportation shall conduct a study of the feasibility of providing Federal assistance to help defray the operating costs of mass transportation companies in urban areas and note "^^ ^^°^ ^^ ^^y changes in the Urban Mass Transportation Act of 1964 which "°Report to would be uecessary in order to provide such assistance, and shall Congress. report his findings and recommendations to the Congress within one year after the date of the enactment of this Act. SEC. 10. The Secretary of Transportation shall in all ways (including the provision of technical assistance) encourage industries adversely affected by reductions in Federal Government spending on space, military, and other Federal projects to compete for the contracts provided for under sections 3 and 6 of the Urban Mass Transportation Act of 1964 (49 U.S.C. 1602 and 1605), as amended by this Act. SEC. 11. Nothing in this Act shall affect the authority of the Secretary of Housing and Urban Development to make grants, under the authority of sections 6(a), 9, and 11 of the Urban Mass Transportation 80 Stat. 715. ^ ^ t Qf 1964, as amended (49 U.S.C. 1605(a), 1607a, and 1607c), and 49 u*sc* ^6^08^* Reorganization Plan Numbered 2 of 1968, for projects or activities prinote. marily concerned with the relationship of urban transportation systems to the comprehensively planned development of urban areas, or the role of transportation planning in overall urban planning, out of funds appropriated to him for that purpose. 83*sta!r826"63. ^^^: '^^' Section 5316 of title 5, United States Code, is amended by inserting the following after paragraph (129): " (130) Deputy Administrator, Urban Mass Transportation Administration, Department of Transportation.".

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Page:United States Statutes at Large Volume 84 Part 1.djvu/1027

 84 STAT. ]

PUBLIC LAW 91-455-OCT. 15, 1970

SEC. 13. (a) Section 4(b) of the Urban Mass Transportation Act of 1964 is amended by inserting the words "or contract" after the word "grant" in the last sentence thereof. (b) Section 6(a) of the Urban Mass Transportation Act of 1964 is amended by inserting the words "grant or" between the word "by" and the word "contract" in the second sentence thereof. SEC. 14. This Act may be cited as the "Urban Mass Transportation Assistance Act of 1970". Approved October 15, 1970.

969 78 Stat. 304; 83 Stat. 392. 49 USC 1603. 49 USC 1605.

Short title.

Public Law 91-454 JOINT RESOLUTION

October 15, 1970

Making further continuing appropriations for the fiscal year 1971, and for other purposes.

[H.j. Res. 1388]

Resolved by the Senate and House of Representatives of the United e ontinuing States of America in Congress assembled, That clause (c) of section appropriations. 102 of the joint resolution of June 29, 1970 (Public Law 91-294), as 1971. amended by Public Law 91-370, is hereby further amended by striking Ante, p. 694. out "October 15, 1970" and inserting in lieu thereof "the sine die adjournment of the second session of the Ninety-first Congress." The advance appropriation under the heading "FOOD STAMP PROGRAM" in the Second Supplemental Appropriation Act, 1970 (Public Law 91-305), chargeable to the amount appropriated under this head Ante, p. 376. in H.R. 17923 when enacted, is hereby increased from "$300,000,000" Post, p. 1488. to "$600,000,000", and the period of availability thereof is hereby extended from "October 31, 1970" to "January 31, 1971". Approved October 15, 1970. Public Law 91-455 JOINT RESOLUTION

^

^

.,.,„

October 15, 1S70

To extend the tinae for conducting the referendum with respect to the [H.J. Res. 1396] national marketing quota for wheat for the marketing year beginning July 1, 1971.

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That section 336 of the Agri- Wheat. Ante, cultural Adjustment Act of 1938, as amended, is amended by adding at Post, p.p. 448; 1366. the end thereof the following: "Notwithstanding any other provision hereof the referendum with respect to the national marketing quota for wheat for the marketing year beginning July 1, 1971, may be conducted not later than thirty days after adjournment sine die of the second session of the Ninety-first Congress. Approved October 15, 1970. ^iJ3s>i

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Page:United States Statutes at Large Volume 84 Part 1.djvu/1028

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PUBLIC LAW 91-456-OCT. 15, 1970

[84 STAT.

Public Law 91-456 October 15, 1970 [S. 583]

U.S.S. Utah, remains. Flying of the American flag.

Appropriation.

AN ACT To provide for the flying of the American flag over the remains of the United States ship Utah in honor of the heroic men who were entombed in her hull on December 7, 1941.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Navy is authorized and directed to take such action as may be necessary to provide for (1) the erection and maintenance of a fla^ole on the remains of the battleship United States ship Utah, (2) the flying of the American flag over the remains of such battleship, and (3) the raising and lowering of such flag each day, such action having been authorized in honor of the heroic men who were entombed in her hull on December T, 1941. SEC. 2. There is hereby authorized to be appropriated to the Secretary of the Navy such sums as may be necessary for the cost of erection, mamtenance, and operation of said flagpole. Approved October 15, 1970. Public Law 91-457

October 16, 1970 [H. R. 18410]

Fort Point National Historic Site, Calif. Establishment.

Administration.

Appropriation.

AN ACT To establish the Fort Point National Historic Site in San Francisco, California, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in order to preserve and interpret for future generations the historical significance of Fort Point in the Presidio of San Francisco, California, the Congress hereby establishes the Fort Point National Historic Site comprising the area depicted on the map entitled "Boundary Map, Fort Point National Historic Site, California", numbered NHS-POI91,000 and dated July 1970, together with such adjacent lands as may hereafter be transferred, without monetary consideration, to the Secretary of the Interior by the Secretary of the Army. Such additional lands, which shall neither exceed ten acres of fast lands nor sixty-three acres of submerged lands, shall, when transferred, be added to the Fort Point National Historic Site and shall be administered in accordance with the provisions of this Act: Provided, That no transfer of lands pursuant to this section shall be consummated until sixty days after the description, terms, and conditions of the proposed transfer have been forwarded to the Committees on Interior and Insular Affairs of the House of Representatives and Senate of the United States. SEC. 2. The Secretary of the Interior shall administer the Fort Point National Historic Site in accordance with the Act of August 25, 1916 (39 Stat. 535), as amended and supplemented (16 U.S.C. 1 et seq.), and the Act of August 21, 1935 (49 Stat. 666; 16 U.S.C. 461-467). SEC. 3. There are authorized to be appropriated for development of Fort Point National Historic Site such sums as may be necessary, but not more than $5,250,000 (February 1970 prices), plus or minus such amounts, if any, as may be justified by reason of ordinary fluctuations in construction costs as indicated by engineering cost indices applicable to the types of construction involved herein. Approved October 16, 1970.

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971

PUBLIC LAW 91-458-OCT. 16, 1970

Public Law 91-458 AN ACT October 16, 1970 [S.1933] To provide for Federal railroad safety, hazardous materials control and for other purposes.

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

Federal railroad safety and hazardous materials control.

SEC. 101. DECLARATION OF PURPOSE.

The Congress declares that the purpose of this Act is to promote safety in all areas of railroad operations and to reduce railroad-related accidents, and to reduce deaths and injuries to persons and to reduce damage to property caused by accidents involving any carrier of hazardous materials. TITLE II—RAILROAD SAFETY SEC. 201. SHORT TITLE.

This title may be cited as the "Federal Railroad Safety Act of 1970".

Citation of title.

SEC. 202. RAIL SAFETY REGULATIONS.

(a) The Secretary of Transportation (hereafter in this title referred to as the "Secretary") shall (1) prescribe, as necessary, appropriate rules, regulations, orders, and standards for all areas of railroad safety supplementing provisions of law and regulations in effect on the date of enactment of this title, and (2) conduct, as necessary, research, development, testing, evaluation, and training for all areas of railroad safety. However, nothing in this title shall prohibit the bargaining representatives of common carriers and their employees from entering into collective bargaining agreements under the Railway Labor Act, 44 Stat. 577; 48 including agreements relating to qualifications of employees, which are 49 Stat. 1185; Stat. 1189. not inconsistent with rules, regulations, orders^ or standards prescribed 45 USC 151by the Secretary under this title. Nothing in this title shall be construed 188. to give the Secretary authority to issue rules, regulations, orders, and standards relating to qualifications of employees, except such qualifications as are specifically related to safety. (b) Hearings shall be conducted in accordance with the provisions of Hearing s. section 553 of title 5 of the United States Code for all rules, regulations, 80 Stat. 383 orders, or standards issued by the Secretary including those establishing, amending, revoking, or waiving compliance with a railroad safety rule, regulation, order, or standard under this title, and an opportunity shall be provided tor oral presentations. (c) The Secretary may, after hearing in accordance with subsection Waiver. (b) of this section, waive in whole or in part compliance with any rule, regulation, order, or standard established under this title, if he determines that such waiver of compliance is in the public interest and is consistent with railroad safety. The Secretary shall make public his reasons for granting any such waiver. (d) In prescribing rules, regulations, orders, and standards under this section the Secretary shall consider relevant existing safety data and standards. Safety rules (e) The Secretary shall issue initial railroad safety rules, regula- regulations, and tions, orders, and standards under this title based upon existing safety issuance and data and standards, not later than one year after the date of enactment of this title. The Secretary shall review and, after hearing in accordance with subsection (b) of this section, revise such rules, regulations, orders, and standards as necessary.

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Page:United States Statutes at Large Volume 84 Part 1.djvu/1030

 972 Judicial 80 Stat. 392.

PUBLIC LAW 91-458-OCT. 16, 1970

[84 STAT.

(f) Any final agency action taken under this section is subject to judicial review as provided in chapter 7 of title 5 of the United States Code. SEC. 203. EMERGENCY POWERS.

80 Stat. 3 8 4.

If through testing, inspection, investigation, or research carried out pursuant to this title, the Secretary determines that any facility or piece of equipment is in unsafe condition and thereby creates an emergency situation involving a hazard of death or injury to persons affected by it, the Secretary may immediately issue an order, without regard to the provisions of section 202(b) of this title, prohibiting the further use of such facility or equipment until the unsafe condition is corrected. Subsequent to the issuance of such order, opportunity for review shall be provided in accordance with section 554 of title 5 of the United States Code. SEC. 204. GRADE CROSSINGS AND RAILROAD RIGHTS-OF-WAY.

Study.

(a) The Secretary shall submit to the President for transmittal to the Congress, within one year after the date of enactment of this title, a comprehensive study of the problem of eliminating and protecting railroad grade crossings, including a study of measures to protect pedestrians in densely populated areas along railroad rights-ofway, together with his recommendations for appropriate action including, if relevant, a recommendation for equitable allocation of the economic costs of any program proposed as a result of such study. (b) I n addition the Secretary shall, insofar as practicable, under the authority provided by this title and pursuant to his authority over highway, traffic, and motor vehicle safety, and highway construction, undertake a coordinated effort toward the objective of developing and implementing solutions to the grade crossing problem, as well as measures to protect pedestrians in densely populated areas along railroad rights-of-way. SEC. 205. STATE REGULATION.

Railroad safety laws, regulations, e t c., uniformity.

The Congress declares that laws, rules, regulations, orders, and standards relating to railroad safety shall be nationally uniform to the extent practicable. A State may adopt or continue in force any law, rule, regulation, order, or standard relating to railroad safety until such time as the Secretary has adopted a rule, regulation, order, or standard covering the subject matter of such State requirement. A State may adopt or continue in force an additional or more stringent law, rule, regulation, order, or standard relating to railroad safety when necessary to eliminate or reduce an essentially local safety hazard, and when not incompatible with any Federal law, rule, regulation, order, or standard, and when not creating an undue burden on interstate commerce. SEC. 206, STATE PARTICIPATION.

Investigative and surveillance activities.

Annual certification.

(a) A State may participate in carrying out investigative and surveillance activities in connection with any rule, regulation, order, or standard prescribed by the Secretary under this title if the safety practices applicable to railroad facilities, equipment, rolling stock, and operations within such State are regulated by a State agency and such State agency submits to the Secretary an annual certification that such State agency— (1) has regulatory jurisdiction over the safety practices applicable to railroad facilities, equipment, rolling stock, and operations within the State concerned; (2) has been furnished a copy of each Federal safety rule, regulation, order, and standard, applicable to any such railroad

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STAT.]

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PUBLIC LAW 91-458-OCT. 16, 1970

facility, equipment, rolling stock, or operation, established under this title as of the date of the certification; (3) is conducting the investigative and surveillance activities rescribed by the Secretary as necessary for the enforcement by im of each rule, regulation, order, and standard referred to in paragraph (2) of this subsection, as interpreted by the Secretary. The Secretary shall retain the exclusive authority to assess and compromise penalties and (except as otherwise provided by section 207 of this title) to request injunctive relief for the violation of rules, regulations, orders, and standards prescribed by the Secretary under section 202(a) of this title and to recommend appropriate action as provided by sections 209 and 210 of this title. (b) Each annual certification shall include a report, in such form as the Secretary may by regulation provide, showing— (1) the name and address of each railroad subject to the safety jurisdiction of the State agency; (2) all axicidents or incidents reported during the preceding twelve months by each such railroad involving personal injury requiring hospitalization, fatality, or property damage exceeding $750 or such other higher amount as the Secretary may prescribe, together with a summary of the State agency's investigation as to the cause and circumstances surrounding each such accident or incident; (3) the record maintenance, reporting, and inspection practices conducted by the State agency to aid the Secretary in his enforcement of rules, regulations, orders, and standards prescribed by him under section 202(a) of this title, including a detail of the number of inspections made of rail facilities, equipment, rolling stock, and operations by the State agency during the preceding twelve months; and (4) such other information as the Secretary may require. The report included with the first annual certification need not show information unavailable at that time. If after receipt of annual certification the Secretary determines that the State agency is not satisfactorily complying with the investigative and surveillance activities prescribed by him with respect to such safety rules, regulations, orders, and standards, he may, on reasonable notice and after opportunity for hearing, reject the certification, in whole or in part, or take such other action as he deems appropriate to achieve adequate enforcement. When such notice is given by the Secretary, the burden of proof shall be upon the State agency to show that it is satisfactorily complying with the investigative and surveillance activities prescribed by the Secretary with respect to such safety rules, regulations, orders, and standards. (c) With respect to any railroad facility, equipment, rolling stock, or operation for which the Secretary does not receive an annual certification under subsection (a) of this section, the Secretary may enter into an agreement with a State agency to authorize such agency to provide all or any part of the investigative and surveillance activities prescribed by the Secretary as necessary to obtain compliance with any Federal safety rule, regulation, order, or standard applicable to any such railroad facility, equipment, rolling stock, or operation. An agreement entered into under this subsection, or any provision thereof, may be terminated by the Secretary if, after notice and opportunity for a hearing, he finds that the State agency has failed to provide all or any part of the investigative and surveillance activities to which the agreement relates. Such finding and termination shall be published in

E

Penalties; injunctive relief.

Report, contents.

N one otnplianc e, notice to State agency.

Hearing.

Agreements with noncertifying States.

Termination provision.

Publication in Federal Register.

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state programs, Federal-State expenditures.

State investigative practices, monitoring.

PUBLIC LAW 91-458-OCT. 16, 1970

[84 STAT.

the Federal Eegister, and shall become effective no sooner than fifteen days after the date of publication. (d) Upon application by any State agency which has submitted a certification under subsection (a) of this section, or entered into an agreement under subsection (c) or this section, the Secretary shall pay, out of funds appropriated pursuant to this title or otherwise made available, up to 50 per centum of the cost of the personnel, equipment, and activities of such State agency reasonably required, during the ensuing fiscal year, to carry out a safety program under such certification or agreement. No such payment may be made unless the State agency making application under this subsection gives assurances satisfactory to the Secretary that the State agency will provide the remaining cost of such a safety program and that the aggregate expenditures of funds of the State, exclusive of Federal grants, for the safety program will be maintained at a level which does not fall below the average level of such expenditures for the last two fiscal years preceding the date of enactment of this title. (e) The Secretary is authorized to conduct such monitoring of State investigative and surveillance practices and such other inspection and investigation as may be necessary to aid in the enforcement of the provisions of this title. (f) The certification which is in effect under subsection (a) of this section shall not apply with respect to any new or amended Federal safety rule, regulation, order, or standard for railroads established under this title after the date of such certification until the State agency has submitted an appropriate certification in accordance with the provisions of subsection (a) of this section to provide the necessary inspection and surveillance activities in accordance with the provisions of such subsection. SEC. 207. ENFORCING COMPLIANCE WITH FEDERAL RAILROAD SAFETY RULES, REGULATIONS, ORDERS, AND STANDARDS.

In any case in which the Secretary has failed to assess the civil penalty applicable under section 209 of this title, or no civil action has been commenced to obtain injunctive relief under section 210 of this title, with respect to a violation of any railroad safety rule, regulation, order, or standard issued under this title, within 90 days after the date on which such violation occurred, a State agency participating in investigative and surveillance activities under the provisions of section 206 of this title within the State where the violation occurred, may apply to the district court of the United States within the jurisdiction of which the violation occurred for the enforcement of such rule, regulation, order, or standard. The court shall have jurisdiction to enforce compliance with such rule, regulation, order, or standard by injunction or other proper process to restrain further violation thereof, or to enjoin compliance therewith, or to assess and collect the civil penalty included in or made applicable to such rule, regulation, order, or standard. The provisions of this section shall not apply in any case in which the Secretary has affirmatively determined, in writing, that no violation has occurred. SEC. 208. GENERAL POWERS.

(a) I n carrying out his functions under this title, the Secretary is authorized to perform such acts including, but not limited to, conducting investigations, making reports^ issuing subpenas, requiring production of documents, taking depositions, prescribing recordkeeping and reporting requirements, carrying out and contracting for research, development, testing, evaluation, and training (particularly with respect to those aspects of railroad safety which he finds to be m need

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975

of prompt attention), and delegating to any public bodies or qualified persons, functions respecting examination, inspecting, and testing of railroad facilities, equipment, rolling stock, operations, or persons, as he deems necessary to carry out the provisions of this title. (b) The National Transportation Safety Board shall have the au- National Transthority to deterraine the cause or probable cause and report the facts, portation Safety Board, investigaconditions and circumstances relating to accidents investigated under tive authority. subsection (a) of this section, but may delegate such authority to any oifice or oflGlcial of the Board or to any office or official of the Department of Transportation with the approval of the Secretary, as it may determine appropriate. Rail equipment, (c) To carry out the Secretary's and the Board's responsibilities etc., inspection. under this title, officers, employees, or agents of the Secretary or the Beard, as the case may be, are authorized to enter upon, inspect, and examine rail facilities, equipment, rolling stock, operations, and pertinent records at reasonable times and in a reasonable manner. Such officers, employees, or agents shall display proper credentials when requested. (d) All orders, rules, regulations, standards, and requirements in force, or prescribed or issued by the Secretary under this title, or by any State agency which is participating in investigative and surveillance activities pursuant to section 206 of this title, shall have the same force and effect as a statute for purposes of the application of sections 3 and 4 of the Act of April 22, 1908 (45 U.S.C. 53 and 54), 35 Stat. 66; relating to the liability of common carriers by railroad for injuries 53 Stat. 1404. to their employees. SEC. 209. PENALTIES.

(a) It shall be unlawful for any railroad to disobey, disregard, or fail to adhere to any rule, regulation, order, or standard prescribed by the Secretary under this title. (b) The Secretary shall include in, or make applicable to, any railroad safety rule, regulation, order, or standard issued under this title a civil penalty for violation thereof in such amount, not less than $250 nor more than $2,500, as he deems reasonable. (c) Any railroad violating any rule, reflation, order, or standard referred to in subsection (b) of this section shall be assessed by the Secretary the civil penalty applicable to the standard violated. Each day of such violation shall constitute a separate offense. Such civil penalty is to be recovered in a suit or syits to be brought by the Attorney General on behalf of the United States in the district court of the United States having -jurisdiction in the locality where such violation occurred. Civil penalties may, however, be compromised by the Secretary for any amount, but in no event for an amount less than the minimum provided in subsection (b) of this section, prior to referral to the Attorney General. The amount of any such penalty, when finally determined, or the amount agreed upon in compromise, may be deducted from any sums owing by the United States to the person charged. All penalties collected under this title, including penalties collected pursuant to section 207 of this title, shall be covered into the Treasury as miscellaneous receipts. (d) In any action brought under this title, subpenas for witnesses who are required to attend a United States district court may run into any other district. SEC. 210. INJUNCTIVE RELIEF.

(a) The United States district court shall, at the request of the Secre- U.S. district tary and upon petition by the Attorney General on behalf of ^^o dic'tfo'n^'"^^' United States, or upon application by a State agency pursuant to sec-

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 976 28 USC app.

Criminal contempt proceedings.

18 USC app.

PUBLIC LAW 91-458-OCT. 16, 1970

tion 207 of this title, have jurisdiction, subject to the provisions of rules 65 (a) and (b) of the Federal Rules of Civil Procedure, to restrain violations of this title or to enforce rules, regulations, orders, or standards established under this title. (b) I n any proceeding for criminal contempt for violation of an injunction or restraining order issued under this section or under section 207 of this title, which violation also constitutes a violation of this title, trial shall be by the court, or, upon demand of the accused, by a jury, conducted in accordance with the provisions of rule 42(b) of the Federal Rules of Criminal Procedure. SEC. 211. ANNUAL REPORT.

Report to President for transmittal to Congress. contents.

[84 STAT.

•

(a) The Secretary shall prepare and submit to the President for transmittal to Congress on or before May 1 of each year a comprehensive report on the administration of this title for the preceding calendar year. Such report shall include, but not be restricted to— (1) a thorough statistical compilation of the accidents and casualties by cause occurring in such year; (2) a list of Federal railroad safety rules, regulations, orders, ^' and standards issued under this title in effect or established in such year; ~ (S) a, summary of the reasons for each waiver granted under s section 202(c) of this title during such year; ... (4) an evaluation of the degree of observance of applicable rail\--i~i i.,', road safety rules, regulations, orders, and standards issued under this title; (5) a summary of outstanding problems confronting the administration of Federal railroad safety rules, regulations, 1 orders, and standards issued under this title in order of priority; >' (6) an analysis and evaluation of research and related activities completed (including the policy implications thereof) and technological progress achieved during such year; (7) a list, with a brief statement of the issues, of completed or "' pending judicial actions for the enforcement of any Federal railroad safety rule, regulation, order, or standard issued under this title; (8) the extent to which technical information was disseminated to the scientific community and consumer-oriented information was made available to the public; (9) a compilation of— (A) certifications filed by State agencies under section "^' 206(a) of this title which were in effect during the preceding ''^ calendar year, and '' (B) certifications filed under section 206(a) of this title which were rejected, in whole or in part, by the Secretary ^ during the preceding calendar year, together with a summary f of the reasons for each such rejection; and (10) a compilation of— • (A) agreements entered into with State agencies under section 206(c) of this title which were in effect during the preceding calendar year, and \^l^ '[' (B) agreements entered into under section 206(c) of this ' ' ' ' • title which were terminated by the Secretary, in whole or in part, during the preceding calendar year, together with a summary of the reasons for each such termination. ti(fn^s'^f™™d'^^' (^) '^^^ report required by subsection (a) of this section shall ditionai legisia- coutaiu such recommeudatious for additional legislation as the Secre*^°"tary deems necessary to strengthen the national railroad safety program.

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PUBLIC LAW 91-458-OCT. 16. 1970

SEC. 212. AUTHORIZATION FOR APPROPRIATIONS.

There is authorized to be appropriated to carry out the provisions of this title not to exceed $21,000,000 for each of the fiscal years ending June 30, 1971, June 30, 1972, and June 30, 1973.

TITLE III—HAZARDOUS MATERIALS CONTROL SEC. 301. SHORT TITLE.

This title may be cited as the "Hazardous Materials Transportation Control Act of 1970".

Citation of title.

SEC. 302. GENERAL AUTHORITY.

(a) The Secretary of Transportation (hereafter in this title referred to as the "Secretary") shall, within six months after the date of enactment of this title— (1) establish facilities and technical staff to maintain within the Federal Government the capability to evaluate the hazards connected with and surrounding the various hazardous majterials being shipped; (2) establish a central reporting system for hazardous materials accidents to provide techmcal and other information and advice to the law-enforcement and firefightin^ personnel of communities and to carriers and shippers for meeting emergencies connected with the transportation of hazardous materials; and (3) conduct a review of all aspects of hazardous materials transportation to determine and recommend appropriate steps which can be taken immediately to provide greater control over the safe movement of such materials. (b) The authority granted the Secretary by this title shall be in addition to the authority granted by sections 831 to 835, inclusive, of title 18 of the United States Code. (c) The Secretary shall prepare and submit to the President for transmittal to the Congress on or before May 1 of each year a comprehensive report on the transportation of hazardous materials during the preceding calendar year. Such report shall include, but not be restricted to— (1) a thoroug;h statistical compilation of the accidents and casualties occurring in such year which involved the transportation of hazardous materials; (2) a list of relevant Federal standards in effect or established in such year; (3) a summary of the reason for each waiver or exemption granted pursuant to sections 831 to 835, inclusive, of title 18 of the United States Code; (4) an evaluation of the degree of observance of safety standards for the transportation of hazardous materials; and (5) a summary of outstanding problems created by the transportation of hazardous materials. / {d) The report required by subsection (c) of this section shall contain such recommendations for additional legislation as the Secretary deems necessary. SEC. 303. AUTHORIZATION FOR APPROPRIATIONS.

There is authorized to be appropriated to carry out the provisions of this title not to exceed $1,000,000 for each of the fiscal years ending June 30, 1971, June 30, 1972, and June 30, 1973.

F a c i l i t i e s and staff.

Central reporting system.

Review and recommendaticms.

74 Stat. 808. Report to President for transmittal to Congress. Contents.

Recommendations for additional legislation.

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PUBLIC LAW 91-459-OCT. 16, 1970

[84 STAT.

TITLE IV—MISCELLANEOUS SEC. 401. SEPARABILITY. If any provision of this Act or the application thereof to any person or circumstance is held invalid, the remainder of this Act, and the application of such provision to other persons or circumstances shall not be affected thereby. Approved October 16, 1970.

Public Law 91-459 October 16, 1970 [ H. R. 10837]

Pima and Maricopa Counties, Ariz., and Albuquerque, N. Mex. Land conveyance. 73 Stat, 571; 74 Stat. 899. Lake Carl Pleasant Regional Park. 68 Stat. 174; 80 Stat. 210. 43 USC 869-1.

AN ACT To provide for the conveyance to Pima and Maricopa Counties, Arizona, and to the city of Albuquerque, New Mexico, of certain lands for recreational purposes under the provisions of the Recreation and Public Purposes Act of 1926. Be it enacted by the SeTiate and House of Representatives of the United States of America in Congress assembledy That, notwithstanding the acreage limitation in section 1(b) of the Act of June 14, 1926 (44 Stat. 741), as amended (43 U.S.C. 869(b)), the Secretary of the Interior may convey to Pima County or Maricopa County, Arizona, or to the city of Albuquerque, New Mexico, for recreational purposes in accordance with the other provisions of that Act, all or any part of the lands that were under lease to such county or city on January 1, 1969. SEC. 2. Notwithstanding the limitation in section 2 of the said Act of June 14, 1926, as amended (43 U.S.C. 689-1), with respect to the location of the land, the Secretary of the Interior may convey to Maricopa County for the purpose of establishing and maintaining the Lake Carl Pleasant Eegional Park, in accordance with the other provisions of that Act, the following described lands in Yavapai County: Township 7 north, range 1 west, section 25, southeast quarter, 160 acres. Township 6 north, range 1 east, section 5, north half southwest quarter, southeast quarter southwest quarter, and southwest quarter southeast quarter; 160 acres; section 8, those portions of the east half northwest quarter and the west half northeast quarter which lie in Yavapai County, about 24.60 acres. Approved October 16, 1970.

Public Law 91-460 October 16, 1970

[s.2314]

Virgin Islands, voting a g e. 48 USC 1542.

AN ACT To amend section 4 of the Revised Organic Act of the Virgin Islands relating to voting age. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled/ThBt section 4 of the Revised Organic Act of the Virgin Islands (68 Stat. 497) is amended (1) by inserting " (a) " immediately after "SEC. 4."; and (2) by adding at the end thereof the following new subsection: "(b) The legislature shall have authority to enact legislation establishing the voting age for residents of the Virgin Islands at an age not lower than eighteen years of age, if a majority of the qualified voters in the Virgin Islands approve in a referendum election held for that purpose." Approved October 16, 1970.

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Public Law 91-461 AN ACT

Granting the consent of Congress to the Western Interstate Nuclear Compact, and related purposes.

October 16, 1970

^•

^^

Be it enacted by the Se7Mte and House of Representatives of the United /States of America in Congress assembled, That it is hereby st^te^ji^iTaT'' declared to be the national policy to encourage and recognize the per- compact. formance of functions by the States with respect to the peaceful use consent of of nuclear energy in its several forms. The Federal Government recog- °"8«-ess. nizes that many programs in nuclear fields can benefit from cooperation among the States, as well as between the Federal Government and the States. The importance of the interstate compact as one means for promoting such cooperation is hereby declared as part of the intention of Congress, already expressed in part in Public Law 86-373 and ^^ ^^^ ^ss87-563, to facilitate the use of State jurisdiction in and over portions ye Stat. 249. of the development and regulatory nuclear field. SEC. 2. The Congress hereby consents to the Western Interstate Nuclear Compact, which compact is as follows: "ARTICLE I. POLICY AND PURPOSE

"The party states recognize that the proper employment of scientific and technological discoveries and advances in nuclear and related fields and direct and collateral application and adaptation of processes and techniques developed in connection therewith, properly correlated with the other resources of the region, can assist substantially in the industrial progress of the West and the further development of the economy of the region. They also recognize that optimum benefit from nuclear and related scientific or technological resources, facilities and skills requires systematic encouragement, guidance, assistance, and promotion from the party states on a cooperative basis. I t is the policy of the party states to undertake such cooperation on a continuing basis. I t IS the purpose of this compact to provide the instruments and framework lor such a cooperative effort in nuclear and related fields, to enhance the economy of the West and contribute to the individual and community well-being of the region's people. "ARTICIJS II. THE BOARD

" (a) There is hereby created an agency of the party states to be known as the 'Western Interstate Nuclear Board' (hereinafter called the Board). The Board shall be composed of one member from each party state designated or appointed in accordance with the law of the state which he represents and serving and subject to removal in accordance with such law. AJIV member of the Board may provide for the discharge of his duties and the performance of his functions thereon (either for the duration of his membership or for any lesser period of time) by a deputy or assistant, if the laws of his state make specific provisions therefor. The federal government may be represented without vote if provision is made by federal law for such representation. "(b) The Board members of the party states shall each be entitled to one vote on the Board. No action of the Board shall be binding unless taken at a meeting at which a majority of all members representing the party states are present and unless a majority of the total number of votes on the Board are cast in favor thereof. "(c) The Board shall have a seal.

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, •

[84 STAT.

" (d) The Board shall elect annually, from among its members, a chairman, a vice chairman, and a treasurer. The Board shall appoint and fix the compensation of an Executive Director who shall serve at its pleasure and who shall also act as Secretary, and who, together with the Treasurer, and such other personnel as the Board may direct, shall be bonded in such amounts as the Board may require. " (e) The Executive Director, with the approval of the Board, shall appoint and remove or discharge such personnel as may be necessary for the performance of the Board's functions irrespective of the civil service, personnel or other merit system laws of any of the party states. "(f) The Board may establish and maintain, independently or in conjiinction with an;^ one or more of the party states, or its institutions or subdivisions, a suitable retirement system for its full-time employees. Employees of the Board shall be eligible for social security coverage in respect of old age and survivors insurance provided that the Board takes such st«ps as may be necessary pursuant to federal law to participate in such program of insurance as a governmental agency or unit. The Board may establish and maintain or participate in such additional programs of employee benefits as may be appropriate. "(g) The Board may borrow, accept, or contract for the services of personnel from any state or the United States or any subdivision or agency thereof, from any interstate agency, or from any institution, person, firm or corporation. " (h) The Board may accept for any of its purposes and functions under this compact any and all donations, and grants of money, equipment, supplies, materials and services (conditional or otherwise) from any state or the United States or any subdivision or agency thereof, or interstate agency, or from any institution, person, firm, or corporation, and may receive, utilize, and dispose of the same. The nature, amount and conditions, if any, attendant upon any donation or grant accepted pursuant to this paragraph or upon any borrowing pursuant to paragraph (g) of this Article, together with the identity of the donor, grantor or lender, shall be detailed in the annual report of the Board. " (i) The Board may establish and maintain such facilities as may be necessary for the transacting of its business. The Board may acquire, hold, and convey real and personal property and any interest therein. " (j) The Board shall adopt bylaws, rules, and regulations for the conduct of its business, and shall have the power to amend and rescind these bylaws, rules, and regulations. The Board shall publish its bylaws rules, and regulations in convenient form and shall file a copy thereof, and shall also file a copy of any amendment thereto, with the appropriate agency or officer in each of the party states. " (k) The Board annually shall make to the governor of each party state, a report covering the activities of the Board for the preceding year, and embodying such recommendations as may have been adopted by the Board, which report shall be transmitted to the legislature of said state. The Board may issue such additional reports as it may deem desirable. "ARTICLE III.

FINANCES

" (a) The Board shall submit to the governor or designated officer or officers of each party state a budget of its estimated expenditures for such period as may be required by the laws of that jurisdiction for presentation to the legislature thereof. " (b) Each of the Board's budgets of estimated expenditures shall contain specific recommendations of the amount or amounts to be appropriated by each of the party states. Each of the Board's requests

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PUBLIC LAW 91-461-OCT. 16, 1970

for appropriations pursuant to a budget of estimated expenditures shall be apportioned equally among the party states. Subject to appropriation by their respective legislatures, the Board shall be provided with such funds by each of the party states as are necessary to provide the means of establishing and maintaining facilities, a staff of personnel, and such activities as may be necessary to fulfill the powers and duties imposed upon and entrusted to the Board. " (c) The Board may meet any of its obligations in whole or in part with funds available to it under Article II (h) of this compact, provided that the Board takes specific action setting aside such funds prior to the incurring of any obligation to be met m whole or in part in this manner. Except where the Board makes use of funds available to it under Article II (h) hereof, the Board shall not incur any obligation prior to the allotment of funds by the party jurisdictions adequate to the meet the same. " (d) Any expenses and any other costs for each member of the Board in attending Board meetings shall be met by the Board. "'(e) The Board shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the Board shall be subject to the audit and accounting procedures established under its l)ylaws. However, all receipts and disbursements of funds handled by the Board shall be audited yearly by a certified or licensed public accountant and the report of the audit shall be included in and become a part of the annual report of the Board. "(f) The Accounts of the Board shall be open at any reasonable time for inspection to persons authorized by the Board, and duly designated representatives of governments contributing to the Board's support. "ARTICLE IV.

ADVISORY COMMITTEES

"The Board may establish such advisory and technical committees as it may deem necessary, membership on which may include but not be limited to private citizens, expert and lay personnel, representatives of industry, labor, commerce, agriculture, civic associations, medicine, education, voluntary health agencies, and officials of local. State and Federal Government, and may cooperate with and use the services of any such committees and the organizations which they represent in furthering any of its activities under this compact. "ARTICLE V.

POWERS

"The Board shall have power to— " (a) Encourage and promote cooperation among the party states in the development and utilization of nuclear and related technologies and their application to industry and other fields. " (b) Ascertain and analyze on a continuing basis the position of the West with respect to the employment in industry of nuclear and I'elated scientific findings and technologies. " (c) Encourage the development and use of scientific advances and discoveries in nuclear facilities, energy, materials, products, by-products, and all other appropriate adaptations of scientific and technological advances and discoveries. " (d) Collect, correlate, and disseminate information relating to the peaceful uses of nuclear energy, materials, and products, and other proaucts and processes resulting from the application of related science and technology. "(e) Encourage the development and use of nuclear energy, facilities, installations, and products as part of a balanced economy.

981

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