text:
Page:United States Statutes at Large Volume 98 Part 2.djvu/1085

 PUBLIC LAW 98-480—OCT. 17, 1984

STAT. 2245

"TITLE VI—LIBRARY LITERACY PROGRAMS "STATE AND LOCAL LIBRARY GRANTS

"SEC. 601. (a) The Secretary shall carry out a program of making grants from sums appropriated pursuant to section 4(a)(5) to State and local public libraries for the purposes of supporting literacy programs. "(b) Grants to State public libraries under this title shall be for the purposes of— "(1) coordinating and planning library literacy programs; and "(2) making arrangements for training librarians and volunteers to carry out such programs. "(c) Grants to local public libraries shall be for the purposes of— "(1) promoting the use of the voluntary services of individuals, agencies, and organizations in providing literacy programs; "(2) acquisition of materials for literacy programs; and "(3) using library facilities for such programs. "(d) Recipients of grants under this title shall be selected on a competitive basis. "(e) No grant under this title for any fiscal year shall exceed $25,000.". TITLE II—HOWARD UNIVERSITY ENDOWMENT SHORT TITLE

SEC. 201. This title may be cited as the "Howard University Endowment Act".

20 USC 375. Ante, p. 2237.

Howard University Endowment Act. 20 USC 130aa note.

DEFINITIONS

SEC. 202. For purposes of this title— (1) the term "endowment fund" means a fund, or a tax exempt foundation, established and maintained by Howard University for the purpose of generating income for its support, but which shall not include real estate; (2) the term "endowment fund corpus" means an amount equal to the grants awarded under this title plus an amount equal to such grants provided by Howard University; (3) the term "endowment fund income" means an amount equal to the total value of the endowment fund established under this title minus the endowment fund corpus; (4) the term "Secretary" means the Secretary of Education; and (5) the term "University" means the Howard University established by the Act of March 2, 1867.

20 USC 130aa.

14 Stat. 438.

PROGRAM AUTHORIZED

SEC. 203. (a) The Secretary is authorized to establish an endowment program, in accordance with the provisions of this title, for the purpose of establishing or increasing endowment funds, providing additional incentives to promote fundraising activities, and encouraging independence and self-sufficiency at the University. (b)(1) From the funds appropriated pursuant to this title for endowments in any fiscal year for the University, the Secretary is

20 USC 130aa-l.

�


text:
Page:United States Statutes at Large Volume 98 Part 2.djvu/1086

 98 STAT. 2246

PUBLIC LAW 98-480—OCT. 17, 1984

authorized to make grants to Howard University. The Secretary may enter into agreements with the University and include in any agreement made pursuant to this title such provisions deemed necessary by the Secretary to assure that the purposes of this title will be achieved. (2) The University may receive a grant under this section only if it has deposited in the endowment fund established under this title an amount equal to such grant and has adequately assured the Secretary that it will administer the endowment fund in accordance with the requirements of this title. The source of funds for this institutional match shall not include Federal funds or funds derived from an existing endowment fund. (3) The period of any grant under this section shall not exceed twenty years, and during such period the University shall not withdraw or expend any of its endowment fund corpus. Upon the expiration of any grant period, the University may use the endowment fund corpus plus any endowment fund income for any educational purpose. INVESTMENTS 20 USC 130aa-2.

SEC. 204. (a) The University shall invest its endowment fund corpus and endowment fund income in those low-risk instruments and securities in which a regulated insurance company may invest under the law of the District of Columbia, such as federally insured bank savings account or comparable interest bearing account, certificate of deposit, money market fund, mutual fund, or obligations of the United States. (b) The University, in investing its endowment fund corpus and income, shall exercise the judgment and care, under circumstances then prevailing, which a person of prudence, discretion, and intelligence would exercise in the management of his own business affairs. WITHDRAWALS AND EXPENDITURES

20 USC l30aa-3.

]

SEC. 205. (a) The University may withdraw and expend its endowment fund income to defray any expenses necessary to its operation, including expenses of operations and maintenance, administration, academic and support personnel, construction and renovation, community and student services programs, technical assistance, and research. No endowment fund income or corpus may be used for any type of support of the executive officers of the University or for any commercial enterprise or endeavor entered into after January 1, 1981. Except as provided in subsection (b), the University shall not, in the aggregate, withdraw or expend more than 50 per centum of the total aggregate endowment fund income earned prior to the time of withdrawal or expenditure. (b) The Secretary is authorized to permit the University to withdraw or expend more than 50 per centum of its total aggregate endowment income whenever the University demonstrates such withdrawal or expenditure is necessary because of— (A) a financial emergency, such as a pending insolvency or temporary liquidity problem; (B) a life-threatening situation occasioned by a natural disaster or arson; or (C) another unusual occurrence or exigent circumstance.

�

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


text:
Page:United States Statutes at Large Volume 98 Part 2.djvu/1087

 PUBLIC LAW 98-480—OCT. 17, 1984

98 STAT. 2247

(cKD If the University withdraws or expends more than the endowment fund income authorized by this section, the University shall repay the Secretary an amount equal to 50 per centum of the amount improperly expended (representing the Federal share thereof). (2) The University shall not withdraw or expend any endowment fund corpus. If the University withdraws or expends any endowment fund corpus, the University shall repay the Secretary an amount equal to 50 per centum of the amount withdrawn or expended (representing the Federal share thereof) plus any income earned thereon. ENFORCEMENT

SEC. 206. (a) After notice and an opportunity for a hearing, the Secretary is authorized to terminate and recover any grant awarded under this title if the University— (1) withdraws or expends any endowment fund corpus, or any endowment fund income in excess of the amount authorized by section 205; (2) fails to invest its endowment fund corpus or income in accordance with the investment standards set forth in section 204; or (3) fails to account properly to the Secretary concerning investments and expenditures of its endowment fund corpus or income. (b) If the Secretary terminates a grant under subsection (a), the University shall return to the Treasury of the United States an amount equal to the sum of the original grant or grants under this Act plus any income earned thereon. The Secretary may direct the University to take such other appropriate measures to remedy any violation of this title and to protect the financial interest of the United States.

20 USC 130aa-4.

AUTHORIZATION OF APPROPRIATIONS

SEC. 207. There is authorized to be appropriated $2,000,000 for the purposes authorized under section 203. Funds appropriated under this section shall remain available until expended.

20 USC 130aa-5.

CONFORMING AMENDMENTS

SEC. 208. Section 8 of the Act of March 2, 1867, entitled "An Act to incorporate the Howard University in the District of Columbia" (ch. 162,14 Stat. 439, 20 U.S.C. 123, as amended by Public Law 70-634, 45 Stat. 1021, and by Public Law 79-615, 60 Stat. 871) is further amended by inserting "endowment," after "improvement,". EFFECTIVE DATE

SEC. 209. This title shall take effect on October 1, 1984.

20 USC 130aa note.

TITLE III—HIGHER EDUCATION PROJECTS LIBRARY PROJECT AUTHORIZED

SEC. 301. (a) The Secretary of Education (hereafter in this title referred to as the "Secretary") is authorized to provide financial

University of Hartford, Hartford, eonn.

�


text:
Page:United States Statutes at Large Volume 98 Part 2.djvu/1088

 98 STAT. 2248

Appropriation authorization.

PUBLIC LAW 98-480—OCT. 17, 1984

assistance, in accordance with the provisions of this section, to pay all of the cost of construction, and related expenses, for an addition to the William H. Mortensen Library at the University of Hartford located at Hartford, Connecticut, to enable the University of Hartford to house a collection of materials relating to Presidential campaigns and to American political history, known as the Presidential Americana, together with other collections. (b) No financial assistance may be made under this section except upon an application at such time, in such manner, and containing or accompanied by such information, as the Secretary may reasonably require. (c) There are authorized to be appropriated such sums, not to exceed $6,500,000, as may be necessary to carry out the provisions of this section. Funds appropriated pursuant to this section shall remain available until expended. HUMAN DEVELOPMENT CENTER FACILITY AUTHORIZED

University of Kansas, Lawrence, Kans. Handicapped persons.

Appropriation authorization.

SEC. 302. (a) The Secretary is authorized, in accordance with the provisions of this section, to provide financial assistance to the University of Kansas located in Lawrence, Kansas, to pay the Federal share of the cost of construction and related costs for a human development center facility at the University of Kansas, to be used as a national research and training resource for individuals acquiring expertise in the rehabilitation, education, parent training, employment, independent living, and public policy concerns of handicapped individuals and their families, and as a treatment resource for handicapped persons and their families. (b) No financial assistance may be made under this section unless an application is made at such time, in such manner, and containing or accompanied by such information, as the Secretary may reasonably require. (c) There are authorized to be appropriated such sums, not to exceed $9,000,000, as may be necessary to carry out the provisions of this section. Funds appropriated pursuant to this section shall remain available until expended. CARL VINSON INSTITUTE OF GOVERNMENT AUTHORIZED

University of Georgia, Athens, Ga.

SEC. 303. (a) In recognition of the public service of Representative Carl Vinson, in order to enhance the program of service to State and local governments in Georgia and in other States provided by the Carl Vinson Institute of Government of the University of Georgia, and in order to preserve a historic landmark that provided special education opportunities for young women in Georgia and in other States at a time when such opportunities were limited or nonexistent, the Secretary is authorized, in accordance with the provisions of this section, to provide financial assistance to the State of Georgia to renovate the physical facilities of the former Lucy Cobb Institute for Girls in Athens, Georgia, for the purpose of providing a center for the Carl Vinson Institute of Government of the University of Georgia. (b) No financial assistance may be made under this section except upon an application at such time, in such manner, and containing or accompanied by such information, as the Secretary may reasonably require.

�


text:
Page:United States Statutes at Large Volume 98 Part 2.djvu/1089

 PUBLIC LAW 98-480—OCT. 17, 1984

98 STAT. 2249

(c) There are authorized to be appropriated $3,500,000 to carry out the provisions of this section. Funds appropriated pursuant to this section shall remain available until expended.

Appropriation authorization.

JOHN W. MCCORMACK INSTITUTE OF PUBLIC AFFAIRS

SEC. 304. (a) In recognition of the public service of the former Speaker of the United States House of Representatives, John W. McCormack, and of the pressing need for national centers for applied public policy research, the Secretary is authorized to provide funds in accordance with the provisions of this section to assist in the development of the John W. McCormack Institute of Public Affairs, located at the University of Massachusetts, Boston, Massachusetts. (b) No payment may be made under this section except upon an application at such time, in such manner, and containing or accompanied by such information as the Secretary may require in order to certify the amount of eligible funds. All such payments may be used in furtherance of the mission of the McCormack Institute, which is defined as research, instruction, and civil education related to public policy and the role of representative government in the United States. (c)(1) Funds appropriated pursuant to this section shall be made available to the John W. McCormack Institute on or after October 1, 1984, and prior to the close of the fiscal year ending September 30, 1987. (2) There are authorized to be appropriated such sums as may be necessary to carry out this section for the fiscal year ending September 30, 1985, and for each of the two succeeding fiscal years, except that the aggregate amount so appropriated shall not exceed $3,000,000. Funds appropriated pursuant to this section shall remain available until expended. Approved October 17, 1984.

LEGISLATIVE HISTORY—H.R. 2878 (S. 2490): HOUSE REPORTS: No. 98-165 (Comm. on Education and Labor) and No. 98-1075 (Comm. of Conference). SENATE REPORT No. 98-486 accompanying S. 2490 (Comm. on Labor and Human RGSOiirc6s)

CONGRESSIONAL RECORD, Vol. 130 (1984): Jan. 30, 31, considered and passed House. June 21, considered and passed Senate, amended, in lieu of S. 2490. Aug. 8, House concurred in Senate amendment with an amendment. Oct. 2, House agreed to conference report. Oct. 3, Senate agreed to conference report.

31-194 - 0 - 86 - 35: QL. 3 Part 2

University of Massachusetts, Boston, Mass.

Appropriation authorization.

�


text:
Page:United States Statutes at Large Volume 98 Part 2.djvu/1090

 98 STAT. 2250

PUBLIC LAW 98-481—OCT. 17, 1984

Public Law 98-481 98th Congress An Act Oct. 17, 1984 [H.R. 5540]

Coos, Lower Umpqua, and Siuslaw Restoration Act. 25 USC 714 note.

To provide for restoration of Federal recognition to the Confederated Tribes of Coos, Lower Umpqua, and Siuslaw Indians, to institute for such Tribe those Federal services provided to Indians who are recognized by the Federal Government and who receive such services because of Federal trust responsibility, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SHORT TITLE SECTION 1. That this Act may be cited as the "Coos, Lower Umpqua, and Siuslaw Restoration Act", DEFINITIONS

25 USC 714.

SEC. 2. For the purposes of this Act— (1) "Tribe means the Confederated Tribes of Coos, Lower Umpqua, and Siuslaw Indians; (2) "Secretary" means the Secretary of the Interior or his authorized representative; (3) "Interim Council" means the tribal council of the Confederated Tribes of Coos, Lower Umpqua, and Siuslaw Indians, which serves pursuant to section 5 of this Act; and (4) "member" used with respect to the Tribe means a person enrolled on the membership roll of the Tribe provided for in section 4 of this Act. E X T E N S I O N O F FEDERAL R E C O G N I T I O N, RIGHTS, AND PRIVILEGES

25 USC 714a.

SEC. 3. (a) FEDERAL RECOGNITION.—Federal recognition is hereby extended to the Tribe, and its members shall be eligible for all Federal services and benefits furnished to federally recognized tribes. Notwithstanding any provision to the contrary in any law establishing such services and benefits, eligibility of the Tribe and its members for such Federal services and benefits shall become effective upon passage of this Act without regard to the existence of a reservation for the Tribe or the residence of the members of the Tribe on a reservation for such members who reside in the following counties of Oregon: Coos, Lane, Lincoln, Douglas, and Curry. (b) RESTORATION OF RIGHTS AND PRIVILEGES.—Except as provided

in subscription (c) of this section, all rights and privileges of the Tribe and of members of the Tribe under any Federal treaty. Executive order, agreement or statute, or under any other authority, which were diminished or lost under the Act of August 13, 1954 (25 U.S.C. 691, et seq.), are hereby restored and the provisions of that Act are inapplicable to the Tribe and to members of the Tribe upon passage of this Act. (c) HUNTING, FISHING, OR TRAPPING RIGHTS NOT GRANTED OR

RESTORED.—This Act shall not grant or restore any hunting, fishing.

�


text:
Page:United States Statutes at Large Volume 98 Part 2.djvu/1091

 PUBLIC LAW 98-481—OCT. 17, 1984

98 STAT. 2251

or trapping right of any nature, including any indirect or procedural right or advantage, to any member of the Tribe, nor shall any presumption be created by this Act as to the existence or nonexistence of such rights. (d) EFFECT ON PROPERTY RIGHTS AND OTHER OBLIGATIONS.—Except

as specifically provided in this Act, nothing in this Act shall alter any property right or obligation, any contractual right or obligation, or any obligation for taxes already levied. MEMBERSHIP ROLLS SEC. 4. (a) OPENING; DUTY OF INTERIM COUNCIL AND TRIBAL OFFICIALS.—The membership roll is declared open. The Interim Council and tribal officials under the Tribe's constitution and bylaws shall take such measures as will insure the continuing accuracy of the membership roll. (b) CRITERIA FOR ENROLLMENT.—

(1) Until a tribal constitution and bylaws are adopted, a person shall be a member of the Tribe and his name shall be placed on the membership roll if the individual is living and if— (a) that individual's name was listed on the Tribe's Census Roll of 1940; (b) that individual was entitled to be listed on the Tribe's Census Roll of January 1, 1940 but was not so listed. Any person placed on the membership roll must be listed on the January 1, 1940 Census Roll of the Grand Ronde-Siletz Indian Agency of nonreservation Indians as Coos, Lower Umpqua, or Siuslaw, be a descendant of such a person, or be a descendant of public domain allotee of Western Oregon who was a member of one of these three tribes. (c) that individual is a direct lineal descendant of an individual, living or dead, identified by subparagraph (a) or (b); and (d) that individual or the lineal ancestor through whom he qualifies for membership under subparagraph (c) has never been an enrolled member of, or qualified for the payment of any money for the taking of land or otherwise through, any other Indian tribe, either federally recognized or acknowledged or not federally recognized or acknowledged. (2) Until a tribal constitution and bylaws are adopted, a person shall be eligible for membership if the individual is living and meets the criteria established in subsections (b)(l)(a), (b) and (c) of this section. Such individual may submit an application for enrollment to the Interim Council for consideration and decision and the Interim Council shall place on the roll the name of all individuals who submitted an application and are meeting the criteria established under subsections (b)(l)(a), (b) and (c) of this section: Provided, That the Interim Council may reject the application of any person who is found to be a member or who is claiming membership in another Indian tribe. Nothing in this Act shall bar unsuccessful applicants for enrollment before the Interim Council from submitting an application for enrollment to the Tribe after the adoption of a tribal constitution and bylaws. (3) After the adoption of a tribal constitution and bylaws, those documents shall govern membership in the Tribe.

25 USC 7i4b.

�


text:
Page:United States Statutes at Large Volume 98 Part 2.djvu/1092

 98 STAT. 2252

PUBLIC LAW 98-481—OCT. 17, 1984

(c) VERIFICATION OF ELIGIBILITY FOR ENROLLMENT; APPEAL; FINALITY OF DETERMINATION; POSSESSION OF ENROLLMENT RECORDS AND MATERIALS.—

(1) Prior to any election pursuant to section 6 of this Act, the Interim Council shall verify by tribal resolution the eligibility for enrollment and age of each member listed on the Tribe's membership roll, which resolution shall be forwarded to the Secretary. (2) With regard to the exclusion of any name from the tribal membership roll, any member may appeal to the Secretary, who shall make a final determination of each such appeal within ninety days after an appeal has been filed with him. The determination of the Secretary with respect to such an appeal shall be final. (d) FRANCHISEMENT.—A member who is eighteen years of age or older is entitled and eligible to be given notice of, attend, participate in, and vote at, general council meetings and to nominate candidates for, to run for any office in, and to vote in elections of members to the interim council and to other tribal councils. INTERIM COUNCIL

25 USC 714c.

SEC. 5. Until such time as a new tribal constitution and bylaws are adopted in accordance with section 6 of this Act, the Tribe shall be governed by an Interirri Council, the membership of which shall consist of the members of the current council of the Confederated Tribes of Coos, Lower Umpqua, and Siuslaw Indians, Incorporated or such new members as may be elected in accordance with election procedures followed by the tribal corporate body prior to the enactment of this Act. TRIBAL CONSTITUTION AND BYLAWS

25 USC 7i4d.

SEC. 6. (a) ELECTION; TIME AND PROCEDURE.—Upon the written request of the Interim Council, the Secretary shall conduct an election by secret ballot, pursuant to section 16 of the Act of June 18, 1934 (25 U.S.C. 476), for the purpose of adopting a constitution and bylaws for the Tribe. The election shall be held after such written request and within sixty days after the Secretary has published in appropriate local media a certification copy of the Tribe's membership roll. (b) PRELECTION DISTRIBUTION OF PROPOSED CONSTITUTION AND BYLAWS AND BRIEF IMPARTIAL DESCRIPTION; CONSULTATION BY INTERIM COUNCIL WITH MEMBERS OF TRIBE.—The Interim Council

shall draft and distribute to each member described in section 4(d) of this Act, no later than thirty days before the election under subsection (a) of this section, a copy of the proposed constitution and bylaws of the Tribe, as proposed by the Interim Council, along with a brief, impartial description of the constitution and bylaws. The members of the Interim Council may freely consult with members of the Tribe, outside legal counsel and other consultants concerning the text and description of the constitution and bylaws, except that such consultation may not be carried on within fifty feet of the polling places on the date of the election. (c) MAJORITY VOTE NECESSARY FOR ADOPTION OF CONSTITUTION AND

BYLAWS.—In any election held pursuant to subsection (a) of this section, the vote of a majority of those actually voting shall be

�


text:
Page:United States Statutes at Large Volume 98 Part 2.djvu/1093

 PUBLIC LAW 98-481—OCT. 17, 1984

98 STAT. 2253

necessary and sufficient for the adoption of a tribal constitution and bylaws: Provided, That the total vote cast shall not be less than thirty percent of those entitled to vote. (d) ELECTION OF TRIBAL OFFICIALS PROVIDED FOR IN CONSTITUTION

AND BYLAWS; BALLOT REQUIREMENTS.—Not later than one hundred and twenty days after the tribe adopts a constitution and bylaws, the Interim Council shall conduct an election by secret ballot for the purpose of electing the individuals who will serve as tribal officials as provided in the tribal constitution and bylaws. For the purpose of this election and notwithstanding any provision in the tribal constitution and bylaws to the contrary, absentee balloting shall be permitted. RESERVATION

SEC. 7. (a) ESTABLISHMENT.—A reservation shall be established by this Act at no cost to the Federal Government. (b) LEGAL DESCRIPTION.—So long as the lands are offered to the Federal Government free of purchase cost, the Secretary shall accept the following lands in trust for the tribe as a reservation: (1) In Coos County, Oregon, a parcel containing 1.02 acres and described as parcel 3200 of section 106B of township 25 south, range 12 west, Willamette meridian. (2) In Coos County, Oregon, a parcel described as lots 10-18, block 13, Empire Commercial tracts K73 2K 81, A. N. Foley Donation Land Claim Numbered 38, section 20 of township 25 south, range 13 west, Willamette meridian. The Secretary shall not accept this parcel into trust until the date that is 1 year after enactment of this Act. If before the end of the ninety day period, a person or entity other than the tribe files a lawsuit in a court of competent jurisdiction claiming an interest in such parcel or portion thereof, the Secretary shall not accept the parcel into trust until the final adjudication of this lawsuit. Nothing in this Act shall be construed to the prejudice of any parties to such lawsuit or be construed to prevent a court of competent jurisdiction from partitioning such parcel in the adjudication of such lawsuit. Notwithstanding any other provision of law, the United States District Court for the District of Oregon shall be deemed to have jurisdiction over any lawsuit filed to determine the rights to the above described parcel of land. (3) In Curry County, Oregon, a parcel described as the southeast quarter of the southeast quarter of the southwest quarter of section 11 of township 32 south, range 15 west, Willamette meridian.

25 USC 7i4e.

Courts, U.S.

�


text:
Page:United States Statutes at Large Volume 98 Part 2.djvu/1094

 98 STAT. 2254

PUBLIC LAW 98-481—OCT. 17, 1984

(c) The State of Oregon shall exercise criminal and civil jurisdiction over the reservation, and over the individuals on the reservation, in accordance with section 1162 of title 18, United States Code, and section 1360 of title 28, United States Code, respectively. REGULATIONS

25 USC 7i4f.

SEC. 8. The Secretary may promulgate such regulations as may be necessary to carry out the provisions of this Act. Approved October 17, 1984.

LEGISLATIVE HISTORY—H.R. 5540: HOUSE REPORT No. 98-904 (Comm. on Interior and Insular Affairs). CONGRESSIONAL RECORD, Vol. 130 (1984): Aug. 6, considered and passed House. Sept. 28, considered and passed Senate, amended. Oct. 2, House concurred in Senate amendment.

�


text:
Page:United States Statutes at Large Volume 98 Part 2.djvu/1095

 PUBLIC LAW 98-482—OCT. 17, 1984

98 STAT. 2255

Public Law 98-482 98th Congress

An Act To modify Federal land acquisition and disposal policies carried out with respect to Fire Island National Seashore, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That this Act may be cited as the "Fire Island National Seashore Amendments Act of 1984". SEC. 2. Section 2 of the Act entitled "An Act to establish the Fire Island National Seashore, and for other purposes", approved September 11, 1964 (16 U.S.C. 459e-l), is amended by adding at the end thereof the following new subsections: "(h)(1)(A) The Secretary shall sell any property described in subparagraph (B) of this paragraph acquired by condemnation under this Act to the highest bidder; except that— "(i) no property shall be sold at less than its fair market value; and "(ii) no property shall be sold unless it is sold subject to covenants or other restrictions that will ensure that the use of such property conforms— "(I) to the standards specified in regulations issued under section 3(a) of this Act which are in effect at the time of such sale, and "(II) to any approved zoning ordinance or amendment thereof to which such property is subject. "(B) The property referred to in subparagraph (A) of this paragraph is any property within the boundaries of the national seashore as delineated on the map mentioned in section 1 except— "(i) property within the Dune district referred to in subsection (g) of this section; "(ii) beach or waters and adjoining land within the exempt communities referred to in the first sentence of subsection (e) of this section; and "(iii) property within the eight-mile area described in the second sentence of subsection (e) of this section; and "(iv) any property acquired prior to October 1, 1982, that the Secretary determines should be retained to further the purpose of this Act. "(2) Notwithstanding any other provision of law, all moneys received from sales under paragraph (1) of this subsection may be retained and shall be available to the Secretary, without further appropriation, only for purposes of acquiring property under this Act. "(i)(l) Upon or after the commencement of any action for condemnation with respect to any property under this Act, the Secretary, through the Attorney General of the United States, may apply to the United States District Court for the Eastern District of New York for a temporary restraining order or injunction to prevent any use of, or construction upon, such property that—

Oct. 17, 1984 [H.R. 3697] Fire Island National Seashore Amendments Act of 1984. Conservation. Real property. 16 USC 459e note.

16 USC 459e-2.

Courts, U.S.

�


text:
Page:United States Statutes at Large Volume 98 Part 2.djvu/1096

 98 STAT. 2256

16 USC 459e-2.

Infra.

16 USC 459e-l.

Ante, p. 2255.

Ante, p. 2255.

Courts, U.S.

PUBLIC LAW 98-482—OCT. 17, 1984

"(A) fails, or would result in a failure of such property, to conform to the standards specified in regulations issued under section 3(a) of this Act in effect at the time such use or construction began;or "(B) in the case of undeveloped tracts in the Dune district referred to in subsection (g) of this section, would result in such undeveloped property not being maintained in its natural state. "(2) Any temporary restraining order or injunction issued pursuant to such an application shall terminate in accordance with the provisions of section 3(g) of this Act.". SEC. 3. Section 3(e) of the Act entitled "An Act to establish the Fire Island National Seashore, and for other purposes", approved September 11, 1964 (16 U.S.C. 459e-2(e)), is amended to read as follows: "(e) In the case of any property, including improved property but excluding undeveloped property in the Dune district referred to in section 2(g) of this Act, with respect to which the Secretary's authority to acquire by condemnation has been suspended under this Act if— "(1) such property is, after the date of the enactment of the Fire Island National Seashore Amendments Act of 1984, made the subject of a variance under, or becomes for any reason an exception to, any applicable zoning ordinance approved under this section; and "(2) such variance or exception results, or will result, in such property being used in a manner that fails to conform to any applicable standard contained in regulations of the Secretary issued pursuant to this section and in effect at the time such variance or exception took effect; then the suspension of the Secretary's authority to acquire such property by condemnation shall automatically cease.". SEC. 4. Subsection (b) of section 3 of the Act entitled "An Act to establish the Fire Island National Seashore, and for other purposes", approved September 11, 1964 (16 U.S.C. 459e-2(b)) is amended by striking out "by means of acreage, frontage, and setback requirements." and inserting "by means of limitations or restrictions on the size, location or use of any commercial, residential, and other structures. In accomplishing these objectives, such standards shall seek to reconcile the population density of the seashore at the time of enactment of the Fire Island National Seashore Amendments Act of 1984 with the protection of the natural resources of the Seashore consistent with the purposes for which it has been established as provided by this Act.". SEC. 5. Section 3 of the Act entitled "An Act to establish the Fire Island National Seashore, and for other purposes", approved September 11, 1984 (16 U.S.C 459e-2) is amended by adding the following new subsection (g) after subsection (f): "(g) Notwithstanding any other provision of this Act, the Secretary of the Interior, acting through the Attorney General of the United States, may apply to the United States District Court for the Eastern District of New York for a temporary restraining order or injunction to prohibit the use of, including construction upon, any property within the seashore in a manner that— "(1) will cause or is likely to cause significant harm to the natural resources of the seashore, or "(2) is inconsistent with the purposes for which the seashore was established.

�


text:
Page:United States Statutes at Large Volume 98 Part 2.djvu/1097

 PUBLIC LAW 98-482—OCT. 17, 1984

98 STAT. 2257

Except to the extent the Court may deem necessary in extraordinary circumstances, no such order or injunction shall continue in effect for more than one hundred and eighty days. During the period of such order or injunction, the Secretary shall diligently and in good faith negotiate with the owner of the property to assure that following termination of the order or injunction, the inconsistent use is abated or the significant harm to the natural resources is mitigated.". Approved October 17, 1984.

LEGISLATIVE HISTORY—H.R. 3697: HOUSE REPORT No. 98-1065 (Comm. on Interior and Insular Affairs). CONGRESSIONAL RECORD, Vol. 130 (1984): Sept. 24, considered and passed House. Oct. 3, considered and passed Senate.

�


text:
Page:United States Statutes at Large Volume 98 Part 2.djvu/1098

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 212(a) of the National Historic Preservation Act (16 U.S.C. 470t(a)) is amended by striking out the second and third sentences and inserting in lieu thereof “To carry out the provisions of this title, there is authorized to be appropriated not more than $2,500,000 for each of the fiscal years 1985 through 1989”.

Approved October 17, 1984.

—H.R. 2889:

HOUSE REPORT No. 98-761 (Comm. on Interior and Insular Affairs).

SENATE REPORT No. 98-623 (Comm. on Energy and Natural Resources).

CONGRESSIONAL RECORD, Vol. 130 (1984):
 * June 4, considered and passed House.
 * Oct. 3, considered and passed Senate, amended.
 * Oct 4, House concurred in Senate amendment.


text:
Page:United States Statutes at Large Volume 98 Part 2.djvu/1099

 PUBLIC LAW 98-484—OCT. 17, 1984 Public Law 98-484 98th Congress

98 STAT. 2259

An Act

To modify the boundary of the Pike National Forest in the State of Colorado, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. In order to provide for the more efficient administration of certain Federal lands in the vicinity of Waterton Canyon, South Platte River in the State of Colorado, the exterior boundary of the Pike National Forest is hereby modified as shown on Department of Agriculture, Forest Service maps entitled "Boundary Modification, Pike National Forest", dated March 1981. The maps and legal description of the boundary of such lands shall be on file and available for public inspection in the offices of the Chief of the Forest Service, Department of Agriculture and the Director of the Bureau of Land Management, Department of the Interior, and appropriate field offices of those agencies. SEC. 2. All public lands brought within the boundary of the Pike National Forest as a result of the boundary modification set forth in the first section of this Act (comprising about 2,869 acres and currently administered by the Bureau of Land Management, Department of the Interior) are hereby added to the Pike National Forest, and shall be administered in accordance with the laws, rules, and regulations applicable with respect to lands in the National Forest System. SEC. 3. Nothing in this Act shall affect valid existing rights, or interests in existing land use authorizations, except that any such right or authorization shall be administered by the agency having jurisdiction of the land after the enactment of this Act in accordance with section 2 of this Act and other applicable law. Reissuance of any such authorization shall be in accordance with applicable law and the regulations of the agency having jurisdiction, except that the change of administrative jurisdiction resulting from the enactment of this Act shall not in itself constitute a basis for denying the renewal or reissuance of any such authorization. SEC. 4. For the purpose of section 7 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 4601-9), the boundary of the Pike National Forest, as modified by the first section of this Act, shall be treated as if it were the boundary of that forest as of January 1, 1965. SEC. 5. (a) Section 5(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1271-1287) is amended by adding the following new paragraph at the end thereof— "(90) Horsepasture, North Carolina: The segment from Bohaynee Road (N.C. 281) downstream to Lake Jocassee.". (b) Section 5(b)(3) of such Act is amended by adding the following at the end thereof: "The study of the river named in paragraph (90) of subsection (a) shall be completed not later than three years after the date of the enactment of this sentence.".

Oct. 17, 1984 [H.R. 3601]

National Forest System.

Public availability.

16 USC 460/-9.

Ante, p. 261. 16 USC 1276.

Study.

�


text:
Page:United States Statutes at Large Volume 98 Part 2.djvu/1100

 98 STAT. 2260 Appropriation tfiVrcir^fpTfr' 16 USC 1276. 16 USC 1276 note. Effective date.

PUBLIC LAW 98-484—OCT. 17, 1984

(c) The first paragraph (4) in section 5(b) of such Act is amended by adding the following at the end thereof: "There are authorized to be appropriated for the purpose of conducting the study of the river named in paragraph (90) such sums as may be necessary.". The second paragraph (4) in such section 5(b) and paragraph (5) in such section 5(b) are redesignated as paragraphs (5) and (6) respectively. SEC. 6. The provisions of this Act shall take effect on the date of the enactment of this Act. Approved October 17, 1984.

LEGISLATIVE HISTORY—H.R. 3601: HOUSE REPORT No. 98-1066 (Comm. on Interior and Insular Affairs). CONGRESSIONAL RECORD, Vol. 130 (1984): Sept. 24, considered and passed House. Oct. 3, considered and passed Senate.

�


text:
Page:United States Statutes at Large Volume 98 Part 2.djvu/1101

 PUBLIC LAW 98-485—OCT. 17, 1984

98 STAT. 2261

Public Law 98-485 98th Congress An Act To withdraw certain public lands in Lincoln County, Nevada, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. (a) Subject to valid existing rights, the lands depicted on the map entitled "Groom Mountain Addition to Nellis Air Force Range", dated September 1984, and aggregating approximately 89,600 acres in Lincoln County, Nevada, are hereby withdrawn from all forms of appropriation under the public land laws, including the mining laws but not the mineral and geothermal leasing laws. Such lands are reserved for use by the Secretary of the Air Force— (1) for training for electronic warfare, tactical maneuvering, and air support, and (2) for other defense-related purposes consistent with, and involving no greater adverse impact on the withdrawn lands and their resources than, such training. (b) The withdrawal provided by subsection (a) with regard to the lands described in subsection (a), and the right of their use by the Secretary of the Air Force for the purposes specified in that subsection, terminates on December 31, 1987. SEC. 2. As soon as possible after the date of the enactment of this Act but no later than January 1, 1987, the Secretary of the Interior and the Secretary of the Air Force shall issue an environmental impact statement, consistent with requirements of the National Environmental Policy Act of 1969, concerning continued or renewed withdrawal of the lands described in section 1(a) after December 31, 1987. Such statement shall include a description of and recommendations concerning measures to mitigate the impact of such continued or renewed withdrawal on opportunities for outdoor recreation, mineral exploration and development, and agriculture in Nevada. Such measures shall include possible aquisition by the Secretary of the Interior (through exchanges or otherwise) of lands in Nevada suitable for outdoor recreational uses and possible increased mineral, agricultural, or recreational use of lands in Nevada withdrawn for military purposes. SEC. 3. (a) During the period of the withdrawal of the lands described in section 1(a), the Secretary of the Interior shall manage such lands pursuant to the Federal Land Policy and Management Act of 1976 and other applicable law, including this Act. All use of such lands, and the issuance of any lease, easement, right-of-way, or other authorization with regard to such lands— (1) shall be secondary to the military use of such lands for the purposes specified in section 1, and (2) may be authorized by the Secretary of the Interior only with the concurrence of the Secretary of the Air Force. (b) When military operations, public safety, or national security, as determined by the Secretary of the Air Force, require the closure to public use of any road, any trail, or any other portion of the lands

Oct. 17, 1984 [H.R. 4932]

Defense and national security.

Termination date.

Conservation.

42 USC 4321 note.

43 USC 1701 note.

�


text:
Page:United States Statutes at Large Volume 98 Part 2.djvu/1102

 98 STAT. 2262

Federal Register, publication.

Public availability.

PUBLIC LAW 98-485—OCT. 17, 1984

withdrawn by this Act, the Secretary of the Air Force may take such action as the Secretary of the Air Force determines necessary or desirable to effect and maintain such closure. Such closures shall be limited to the minimum areas and periods which the Secretary of the Air Force determines are required for the purposes specified in this subsection. During such closures appropriate warning notices shall be kept posted and the Secretary of the Air Force shall take appropriate steps to notify the public concerning such closures. (c)(1) As soon as possible after the date of the enactment of this Act, the Secretary of the Interior shall prepare and publish in the Federal Register a legal description of the lands withdrawn by this Act. The Secretary of the Air Force shall reimburse the Secretary of the Interior for the costs of preparing and publishing such description. (2) The map referred to in section 1(a) shall be on file and available for public inspection in the Offices of the Secretary of the Interior and the Secretary of the Air Force in Washington, District of Columbia, and Las Vegas and Carson City, Nevada. (3) The withdrawal provided by this Act is not intended to— (A) reserve or otherwise withdraw any water for use in connection with the purposes specified in section 1; (B) affect in any manner the future appropriation, under State law, by the United States or others, of waters in, under, or upon the lands withdrawn by this Act; or (C) affect any water rights acquired by the Secretary of the Air Force or any other person or entity before the date of the enactment of this Act. (4) The withdrawal established by this Act may not be extended or renewed except by Act of Congress. Approved October 17, 1984.

LEGISLATIVE HISTORY—H.R. 4932: HOUSE REPORT No. 98-1046, Pt. 1 (Comm. on Interior and Insular Affairs). CONGRESSIONAL RECORD, Vol. 130 (1984): Sept. 24, considered and passed House. Oct. 2, considered and passed Senate.

�


text:
Page:United States Statutes at Large Volume 98 Part 2.djvu/1103

 PUBLIC LAW 98-486—OCT. 17, 1984

98 STAT. 2263

Public Law 98-486 98th Congress An Act To exempt from taxation by the District of Columbia certain property of the Jewish War Veterans, U.S.A. National Memorial, Incorporated.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the property situated in the city of Washington, District of Columbia, at 1811 R Street, N.W., described as lot 175 in square 133, is hereby exempt from taxation by the District of Columbia as long as such property is owned and occupied by the Jewish War Veterans, U.S.A. National Memorial, Incorporated, and is not used for commercial purposes. The provisions of sections 2, 3, and 5 of the Act entitled "An Act to define the real property exempt from taxation in the District of Columbia", approved December 24, 1942 (56 Stat. 1091; D.C. Code sees, 47-1005, 1007, 1009), shall apply to the property made exempt from taxation by this Act. SEC. 2. The first section of this Act shall apply on and after the date on which the Jewish War Veterans, U.S.A. National Memorial, Incorporated, owns the property described in the first section of this Act. Approved October 17, 1984.

LEGISLATIVE HISTORY—H.R. 4994: HOUSE REPORTS: No. 98-1023 and Pt. 2 (Comm. on the District of Columbia). CONGRESSIONAL RECORD, Vol. 130 (1984): Sept. 17, considered and passed House. Oct. 3, considered and passed Senate.

Oct. 17, 1984 [H.R. 4994]

Real property.

�


text:
Page:United States Statutes at Large Volume 98 Part 2.djvu/1104

 98 STAT. 2264

PUBLIC LAW 98-487—OCT. 17, 1984

Public Law 98-487 98th Congress An Act Oct 17 1984 [H.R. 5223]

21 USC 642.

21 USC 461.

'^^ amend the Federal Meat Inspection Act and the Poultry Products Inspection Act to exempt restaurant central kitchens under certain conditions from Federal inspection requirements.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 301(c)(2) of the Federal Meat Inspection Act (21 U.S.C. 661(c)(2)) is amended by adding the following sentence at the end thereof: "For the purposes of this subparagraph, operations conducted at a restaurant central kitchen facility shall be considered as being conducted at a restaurant if the restaurant central kitchen prepares meat or meat food products that are ready to eat when they leave such facility and are served in meals or as entrees only to customers at restaurants owned or operated by the same person, firm, or corporation owning or operating such facility: Provided, That such facility shall be subject to the provisions of section 202 of this Act: Provided further, That the facility may be subject to the inspection requirements under title I of this Act for as long as the Secretary deems necessary, if the Secretary determines that the sanitary conditions or practices of the facility or the processing procedures or methods at the facility are such that any of its meat or meat food products are rendered adulterated.". SEC. 2. Section 5(c)(2) of the Poultry Products Inspection Act (21 U.S.C. 454(c)(2)) is amended by adding the following sentence at the end thereof: "For the purposes of this subparagraph, operations conducted at a restaurant central kitchen facility shall be considered as being conducted at a restaurant if the restaurant central kitchen prepares poultry products that are ready to eat when they leave such facility and are served in meals or as entrees only to customers at restaurants owned or operated by the same person owning or operating such facility: Provided, That such facility shall be subject to the provisions of section 11(b) of this Act: Provided

�


text:
Page:United States Statutes at Large Volume 98 Part 2.djvu/1105

 PUBLIC LAW 98-487—OCT. 17, 1984

98 STAT. 2265

further. That the facility may be subject to the inspection requirements of this Act for as long as the Secretary deems necessary, if the Secretary determines that the sanitary conditions or practices of the facility or the processing procedures or methods at the facility are such that any of its poultry products are rendered adulterated.". Approved October 17, 1984.

LEGISLATIVE HISTORY—H.R. 5223 (S. 2256): HOUSE REPORT No. 98-885 (Comm. on Agriculture). SENATE REPORT No. 98-610 accompanying S. 2256 (Comm. on Agriculture, Nutrition, and Forestry). CONGRESSIONAL RECORD, Vol. 130 (1984): July 24, considered and passed House. Oct. 2, considered and passed Senate, amended, in lieu of S. 2256. Oct. 3, House concurred in Senate amendments.

�


text:
Page:United States Statutes at Large Volume 98 Part 2.djvu/1106

 98 STAT. 2266

PUBLIC LAW 98-488—OCT. 17, 1984

Public Law 98-488 98th Congress An Act Oct. 17, 1984 [H.R. 5513]

To designate the Delta States Research Center in Stoneville, Mississippi, as the "Jamie Whitten Delta States Research Center".

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That the Delta States Research Center of the United States Department of Agriculture's Agricultural Research Service, located in Stoneville, Mississippi, is hereby designated as the "Jamie Whitten Delta States Research Center". Any reference in a law, map, regulation, document, record, or other paper of the United States to that center shall be deemed to be a reference to the "Jamie Whitten Delta States Research Center". Approved October 17, 1984.

LEGISLATIVE HISTORY-H.R. 5513: HOUSE REPORT No. 98-1064 (Comm. on Agriculture). CONGRESSIONAL RECORD, Vol. 130 (1984): Sept. 24, considered and passed House. Oct. 3, considered and passed Senate.

�


text:
Page:United States Statutes at Large Volume 98 Part 2.djvu/1107

 PUBLIC LAW 98-489—OCT. 17, 1984

98 STAT. 2267

Public Law 98-489 98th Congress An Act To provide for the acquisition of a visitor contact and administrative site for the Big Thicket National Preserve in the State of Texas.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That (a) subsection (c) of the first section of the Act entitled "An Act to authorize the establishment of the Big Thicket National Preserve in the State of Texas, and for other purposes", approved October 11, 1974 (16 U.S.C. 698), is amended by inserting after the first sentence the following new sentence: "The Secretary may also acquire, by any of the above methods, approximately 15 acres of land outside of the boundaries of the preserve in the vicinity of the intersection of United States Highway 69 and State Farm-Market Road 420, in Hardin County, Texas, for purposes of a visitor contact and administrative site.". (b) Section 6 of such Act is amended by inserting at the end thereof the following new sentence: "Effective October 1, 1984, there is authorized to be appropriated such sums as may be necessary for the acquisition of the visitor contact and administrative site referred to in subsection (c) of the first section of this Act.". Approved October 17, 1984.

LEGISLATIVE HISTORY—H.R. 5631: HOUSE REPORT No. 98-957 (Comm. on Interior and Insular Affairs). CONGRESSIONAL RECORD, Vol. 130 (1984): Aug. 6, considered and passed House. Oct. 3, considered and passed Senate.

Oct. 17, 1984 [H.R. 5631]

Appropriation authorization. ^^ ^^^ ^^^^

�


text:
Page:United States Statutes at Large Volume 98 Part 2.djvu/1108

 98 STAT. 2268

PUBLIC LAW 98-490—OCT. 17, 1984

Public Law 98-490 98th Congress An Act Oct. 17, 1984 [H.R. 5782]

Securities.

Granting the consent of Congress to an amendment to the Delaware River Basin Compact.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Congress consents to an amendment to the Delaware River Basin Compact which has been enacted by the States of Delaware, New York, and New Jersey and the Commonwealth of Pennsylvania, and the effect of which is to amend section 12.9 of Article 12 of the Delaware River Basin Compact to read as follows: "12.9 Interest. Bonds shall bear interest at a rate determined by the Commission, payable annually or semiannually.". Approved October 17, 1984.

LEGISLATIVE HISTORY—H.R. 5782: HOUSE REPORT No. 98-1055 (Comm. on the Judiciary). CONGRESSIONAL RECORD, Vol. 130 (1984): Sept. 24, considered and passed House. Oct. 3, considered and passed Senate.

�


text:
Page:United States Statutes at Large Volume 98 Part 2.djvu/1109

 PUBLIC LAW 98-491—OCT. 17, 1984

98 STAT. 2269

Public Law 98-491 98th Congress An Act To enable the Consumer Product Safety Commission to protect the public by ordering notice and repair, replacement or refund of certain toys or articles intended for use by children if such toys or articles contain a defect which creates a substantial risk of injury to children.

Oct. 17, 1984 [H.R. 5818]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may Toy Safety Act of 1984. be cited as the "Toy Safety Act of 1984". Hazardous SEC. 2. (a) Section 15 of the Federal Hazardous Substances Act (15 materials. U.S.C. 1274) is amended— 15 USC 1261 (1) by redesignating subsections (c), (d), and (e) as subsections note. (d), (e), and (f), respectively; and (2) by inserting immediately after subsection (b) the following: "(c)(1) If the Commission determines (after affording interested persons, including consumers and consumer organizations, an opportunity for a hearing in accordance with subsection (e) of this section) that any toy or other article intended for use by children that is not a banned hazardous substance contains a defect which creates a substantial risk of injury to children (because of the pattern of defect, the number of defective toys or such articles distributed in commerce, the severity of the risk, or otherwise) and that notification is required to protect adequately the public from such toy or article, the Commission may order the manufacturer or any distributor or dealer of such toy or article to take any one or more of the following actions: "(A) To give public notice that such defective toy or article contains a defect which creates a substantial risk of injury to children. "(B) To mail such notice to each person who is a manufacturer, distributor, or dealer of such toy or article. "(C) To mail such notice to every person to whom the person giving notice knows such toy or article was delivered or sold. An order under this paragraph shall specify the form and content of any notice required to be given under the order. '(2) If the Commission determines (after affording interested persons, including consumers and consumer organizations, an opportunity for a hearing in accordance with subsection (e) of this section) that any toy or other article intended for use by children that is not a banned hazardous substance contains a defect which creates a substantial risk of injury to children (because of the pattern of defect, the number of defective toys or such articles distributed in commerce, the severity of the risk, or otherwise) and that action under this paragraph is in the public interest, the Commission may order the manufacturer, distributor, or dealer to take whichever of the following actions the person to whom the order is directed elects: "(A) If repairs to or changes in the toy or article can be made so that it will not contain a defect which creates a substantial risk of injury to children, to make such repairs or changes.

�


text:
Page:United States Statutes at Large Volume 98 Part 2.djvu/1110

 98 STAT. 2270

Prohibition.

19 USC 1202. Ante, p. 2269.

PUBLIC LAW 98-491—OCT. 17, 1984

"(B) To replace such toy or article with a like or equivalent toy or article which does not contain a defect which creates a substantial risk of injury to children. "(C) To refund the purchase price of such toy or article (less a reasonable allowance for use, if such toy or article has been in the possession of the consumer for 1 year or more (i) at the time of public notice under paragraph (1)(A), or (ii) at the time the consumer receives actual notice that the toy or article contains a defect which creates a substantial risk of injury to children, whichever first occurs). An order under this paragraph may also require the person to whom it applies to submit a plan, satisfactory to the Commission, for taking the action which such person has elected to take. The Commission shall specify in the order the person to whom refunds must be made if the person to whom the order is directed elects to take the action described in subparagraph (C). If an order under this paragraph is directed to more than one person, the Commission shall specify which person has the election under this paragraph. An order under this paragraph may prohibit the person to whom it applies from manufacturing for sale, offering for sale, distributing in commerce, or importing into the customs territory of the United States (as defined in general headnote 2 to the Tariff Schedules of the United States), or from doing any combination of such actions, with respect to the toy or article with respect to which the order was issued.". (b) Section 15(d)(l) of the Federal Hazardous Substances Act, as so redesignated by subsection (a) of this section, is amended by striking "subsection (b)" and inserting in lieu thereof "subsection (b) or (c)". (c) Section 15(d)(2) of such Act, as so redesignated by subsection (a) of this section, is amended— (1) by striking "an article" and inserting in lieu thereof "a toy, article"; and (2) by inserting "toy," immediately before "article" the second and third time it appears. (d) Section 15(d)(2) and (e) of such Act, as so redesignated by subsection (a) of this section, is amended by striking "subsection (a) or (b)" and inserting in lieu thereof "subsection (a), (b), or (c)". Approved October 17, 1984.

LEGISLATIVE HISTORY—H.R. 5818 (S. 2650): HOUSE REPORT No. 98-895 (Comm. on Energy and Commerce). SENATE REPORT No. 98-591 accompanying S. 2650 (Comm. on Commerce, Science, and Transportation). CONGRESSIONAL RECORD, Vol. 130 (1984): Aug. 6, considered and passed House. Sept. 12, S. 2650 considered and passed Senate. Oct. 3, considered and passed Senate, amended; House concurred in Senate amendments.

�


text:
Page:United States Statutes at Large Volume 98 Part 2.djvu/1111

 PUBLIC LAW 98-492—OCT. 17, 1984

98 STAT. 2271

Public Law 98-492 98th Congress An Act To designate the United States Post Office and Courthouse in Pendleton, Oregon, as the "John F. Kilkenny United States Post Office and Courthouse".

Oct. 17, 1984 [H.R. 5997]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the United Public buildings States Post Office and Courthouse located at 104 Southwest Dorian and grounds. Avenue, Pendleton, Oregon, shall hereafter be known and designated as the "John F. Kilkenny United States Post Office and Courthouse". Any reference in a law, map, regulation, document, record, or other paper of the United States to that building shall be deemed to be a reference to the "John F. Kilkenny United States Post Office and Courthouse". Approved October 17, 1984.

LEGISLATIVE HISTORY—H.R. 5997: HOUSE REPORT No. 98-928 (Comm. on Public Works and Transportation). CONGRESSIONAL RECORD, Vol. 130 (1984): Aug. 9, considered and passed House. Oct. 3, considered and passed Senate.

�


text:
Page:United States Statutes at Large Volume 98 Part 2.djvu/1112

 98 STAT. 2272

PUBLIC LAW 98-493—OCT. 17, 1984

Public Law 98-493 98th Congress An Act Oct. 17, 1984 [H.R. 6223]

Corporation.

To amend the Act providing for the incorporation of certain persons as Group Hospitalization, Inc.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. The first section of the Act entitled "An Act providing for the incorporation of certain persons as Group HospitaUzation, Inc.", approved August 11, 1939 (hereinafter in this Act referred to as "the Act"), is amended by striking out "Group Hospitalization, Inc." and inserting in lieu thereof "Group Hospitalization and Medical Services, Inc.". SEC. 2. Section 2 of the Act is amended— (1) in subsection (a) by inserting "and medical care" after "hospitalization"; (2) in subsection (b)— (A) by inserting "and other providers" after "hospitals"; and (B) by striking out "and" after "certificates;"; and (3) in subjection (c)— (A) by striking out "groups" and inserting in lieu thereof "individuals, groups,"; and (B) by striking out the period at the end of such subsection and inserting in lieu thereof "; and (d) to engage in any lawful business that is incidental to or supportive of the business and affairs of this corporation.". SEC. 3. Section 3 of the Act is amended by striking out all after the second sentence and inserting in lieu thereof the following: "The number of trustees, their terms of office, and the manner in which they may be elected shall be fixed by the bylaws.".

�


text:
Page:United States Statutes at Large Volume 98 Part 2.djvu/1113

 PUBLIC LAW 98^493—OCT. 17, 1984

98 STAT. 2273

SEC. 4. Section 8 of the Act is amended by inserting "and unemployment compensation" after "real estate". SEC. 5. The title of the Act is amended to read as follows: "An Act providing for the incorporation of certain persons as Group Hospitalization and Medical Services, Inc.". Approved October 17, 1984.

LEGISLATIVE HISTORY—H.R. 6223: HOUSE REPORTS: No. 98-1022 and Pt. 2 (Comm. on the District of Columbia). CONGRESSIONAL RECORD, Vol. 130 (1984): Sept. 17, considered and passed House. Oct. 3, considered and passed Senate.

�


text:
Page:United States Statutes at Large Volume 98 Part 2.djvu/1114

 98 STAT. 2274

PUBLIC LAW 98-494—OCT. 19, 1984

Public Law 98-494 98th Congress An Act Oct. 19, 1984 [S. 416]

16 USC 1274.

Appropriation authorization.

Appropriation authorization.

16 USC 1276.

16 USC 1278.

To amend the Wild and Scenic Rivers Act by designating a segment of the Illinois River in Oregon and the Owyhee River in Oregon as components of the National Wild and Scenic Rivers System, 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 Wild and Scenic Rivers Act (82 Stat. 906 as amended; 16 U.S.C. 1271-1287), is further amended as follows: In section 3(a) after the last paragraph insert the following new paragraphs: "(52) Illinois, Oregon: The segment from the boundary of the Siskiyou National Forest downstream to its confluence with the Rogue River as generally depicted on a map entitled 'Illinois River Study' and is also part of a report entitled *A Proposal: Illinois Wild and Scenic River'; to be administered by the Secretary of Agriculture. After consultation with State and local governments and the interested public, the Secretary shall take such action as is required under subsection (b) of this section within one year from the date of enactment of this paragraph. For the purposes of this Act with respect to the river designated by this paragraph, effective October 1, 1984, there are authorized to be appropriated such sums as necessary for the acquisition of lands or interests in lands, and such sums as necessary for development. "(53) Owyhee, Oregon: The South Fork from the Idaho-Oregon State line downstream to Three Forks; the Owyhee River from Three Forks downstream to China Gulch; and the Owyhee River downstream from Crooked Creek to the Owyhee Reservoir as generally depicted on a map entitled 'Owyhee, Oregon' dated April 1984; all three segments to be administered as a wild river by the Secretary of the Interior. After consultation with State and local governments and the interested public, the Secretary shall take such appropriate action as is required under subsection (b) of this section within one year from the date of enactment of this paragraph. For the purposes of this Act with respect to the river designated by this paragraph, effective October 1, 1984, there are authorized to be appropriated such sums as necessary for the acquisition of lands or interests and such sums as necessary for development.". SEC. 2. Section 5(a) of the Wild and Scenic Rivers Act is amended by adding the following new paragraph at the end thereof: "(90) The North Umpqua, Oregon: The segment from the Soda Springs Powerhouse to the confluence of Rock Creek. The provisions of section 7(a) shall apply to tributary Steamboat Creek in the same

�


text:
Page:United States Statutes at Large Volume 98 Part 2.djvu/1115

 PUBLIC LAW 98-494—OCT. 19, 1984

98 STAT. 2275

manner as such provisions apply to the rivers referred to in such section 7(a). The Secretary of Agriculture shall, in the Umpqua National Forest plan, provide that management practices for Steamboat Creek and its immediate environment conserve, protect, and enhance the anadromous fish habitat and population.". Approved October 19, 1984.

LEGISLATIVE HISTORY—S. 416: HOUSE REPORT No. 98-1068 (Comm. on Interior and Insular Affairs). SENATE REPORT No. 98-460 (Comm. on Energy and Natural Resources). CONGRESSIONAL RECORD, Vol. 130 (1984): May 24, considered and passed Senate. Sept. 24, considered and passed House, amended. Oct. 3, Senate concurred in House amendments.

16 USC 1278. Conservation.

�


text:
Page:United States Statutes at Large Volume 98 Part 2.djvu/1116

 98 STAT. 2276

PUBLIC LAW 98-495—OCT. 19, 1984

Public Law 98-495 98th Congress An Act Oct 19 1984 '-—'[S. 566]

Real property.

To direct the Secretary of Agriculture to reversionary interest in certain tracts of Commission of Forestry, and to direct certain mineral interests of the United and for other purposes.

release on behalf of the United States a land conveyed to the South Carolina State the Secretary of the Interior to convey States in such land to such Commission,

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, (a) subject to section 2, the Secretary of Agriculture shall release, on behalf of the United States, with respect to the tracts of land described in subsection (b), the condition contained in the deed dated June 28, 1955, between the United States of America and the South Carolina State Commission of Forestry, conveying certain tracts of land, of which such described tracts of land are a part, to such Commission, which condition requires that the land conveyed be used for public purposes and revert back to the United States should the land cease to be used for such purposes. (b) The tracts of land referred to in subsection (a) are— (1) A tract of land consisting of approximately 1.99 acres in Sumter County, South Carolina, more particularly described as follows: Beginning at an iron pipe located on the west side of the Old Kings Highway and being south 18 degrees and 35 minutes east and 2519.2 feet from Manchester State Forest monument number 2314; thence south 3 degrees 19 minutes east 417.22 feet to an iron pipe; thence south 86 degrees 41 minutes west 208.64 feet to an iron pipe; thence north 3 degrees 19 minutes west 199.97 feet to an iron pipe; thence north 3 degrees 32 minutes west 214.05 feet to an iron pipe; thence north 85 degrees 47 minutes east 209.27 feet to an iron pipe, the same being the point of beginning. (2) A tract of land consisting of approximately 22.715 acres in Sumter County, South Carolina, more particularly described as follows: Beginning at the point of intersection of the center line of the Burnt Gin Road with the center line of Wedgelake Drive proceed south 64 degrees, 41 minutes east a distance of 63.16 feet to the point of beginning. Proceed thence south 88 degrees 0 minutes east a distance of 1454.56 feet to an iron pin; thence south 18 degrees, 57 minutes west a distance of 1059.17 feet to an iron pin; thence north 62 degrees, 15 minutes west a distance of 367.24 feet to a corner; thence along the arc of a curve to the right having a radius of 1031.31 feet a distance of 197.10 feet to a corner; thence north 51 degrees, 18 minutes west a distance of 107.80 feet to a corner; thence along the arc of a curve to the left having a radius of 637.49 feet a distance of 202.13 feet to a corner; thence north 69 degrees 28 minutes west a distance of 167.47 feet to a corner; thence along the arc of a curve to the right having a radius of 581.69 feet a distance of 146.19 feet to a corner; thence north 55 degrees, 04 minutes west a distance of 163.98 feet to a corner; thence north 18 degrees, 10 minutes west

�


text:
Page:United States Statutes at Large Volume 98 Part 2.djvu/1117

 PUBLIC LAW 98-495—OCT. 19, 1984

98 STAT. 2277

a distance of 39.99 feet to a corner; thence along the arc of a curve to the left having a radius of 781.17 feet a distance of 215.48 feet to a corner; thence north 02 degrees, 00 minutes east a distance of 107.84 feet to a corner; thence north 47 degrees 00 minutes east a distance of 42.50 feet to the point of beginning. SEC. 2. The Secretary of Agriculture shall release the condition referred to in section 1(a) of this Act only with respect to land covered by and described in an agreement or agreements entered into between the Secretary and the South Carolina State Commission of Forestry in which the Commission, in consideration of the release of such condition, agrees that the tract of land described in section 1(b)(1) of this Act will not be sold, leased, exchanged, or otherwise disposed of— (1) except to the Tiverton Baptist Church of Sumter, South Carolina; and (2) unless the proceeds of such disposal are— (A) deposited and held in an account open to inspection by the Secretary of Agriculture, and (B) used, if withdrawn from such account, exclusively for public purposes. SEC. 3. The Secretary of Agriculture shall release the condition referred to in section 1(a) of this Act only with respect to land covered by and described in an agreement or agreements entered into between the Secretary and the South Carolina State Commission of Forestry in which the Commission, in consideration of the release of such condition, agrees that the tract of land described in section 1(b)(2) of this Act will be exchanged for a tract of land of at least equal value and consisting of approximately 45.43 acres in Sumter County, South Carolina, to be conveyed to the Commission to be used exclusively for public purposes, more particularly described as follows: Beginning at the intersection of the south right of way of Brohun Camp Road and the west right of way of Tiverton Church Road proceed south 50 degrees, 32 minutes west a distance of 2,214.39 feet to a corner; thence north 40 degrees, 02 minutes west a distance of 414.24 feet to a corner; thence north 5 degrees, 19 minutes, 30 seconds east a distance of 1,627.88 feet to a corner; thence south 73 degrees, 45 minutes east a distance of 1,901.55 feet to the point of beginning. SEC. 4. (a) Subsequent to any release executed by the Secretary of Agriculture with respect to the tracts of land described in section 1(b) of this Act, the South Carolina State Commission of Forestry may apply to the Secretary of the Interior seeking to acquire all the undivided mineral interests of the United States in the tracts of land to which such release applies, and the Secretary of the Interior shall, subject to valid existing rights and subject to subsection (b) of this section, convey such mineral interests as requested. (b) The Secretary of the Interior shall not convey the undivided mineral interests of the United States in any land as requested in an application filed by the South Carolina State Commission of Forestry under subsection (a) of this section unless— (1) such application is accompanied by a sum of money which the Secretary of the Interior determines is necessary to pay the administrative costs involved in conveying such mineral interests to the Commission, including the costs of determining the mineral character of such land and the costs of establishing the fair market value of such mineral interests, and

Mines and mining.

�


text:
Page:United States Statutes at Large Volume 98 Part 2.djvu/1118

 98 STAT. 2278

PUBLIC LAW 98-495—OCT. 19, 1984

(2) the Commission, in consideration of such conveyance, pays to the Secretary of the Interior— (A) $1, in the case of any such land determined by the Secretary of the Interior to have no mineral value and to be under no active mineral development or leasing, or (B) the fair market value of such mineral interests, as determined by the Secretary of the Interior, in the case of any such land not subject to clause (A) of this subsection. SEC. 5. The Secretary of Agriculture and the South Carolina Commission of Forestry may revise the size of the tracts of land to be exchanged under this Act and the legal descriptions pertaining thereto in order to ensure that the tracts of land are of at least equal value. Approved October 19, 1984.

LEGISLATIVE HISTORY—S. 566: SENATE REPORT No. 98-286 (Comm. on Agriculture, Nutrition, and Forestry). CONGRESSIONAL RECORD: Vol. 129 (1983): Nov. 18, considered and passed Senate. Vol. 130 (1984): Oct. 2, considered and passed House.

�


text:
Page:United States Statutes at Large Volume 98 Part 2.djvu/1119

 PUBLIC LAW 98-496—OCT. 19, 1984

98 STAT. 2279

Public Law 98-496 98th Congress A n Act To facilitate the exchange of certain lands in South Carolina.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. The Federal Energy Regulatory Commission shall waive the charges required to be paid under section 10(e) of the Federal Power Act (16 U.S.C. 803(e)) for the use of any interest of the United States in lands lying within the boundary of the South Carolina Public Service Authority's Santee-Cooper hydroelectric project (Federal Energy Regulatory Commission licensed project numbered 199) if, after the date of the enactment of this Act, the Commission determines (pursuant to section 24 of the Federal Power Act (16 U.S.C. 818)) that— (1) such interest in lands has been conveyed by the United States directly to the licensee for that project (subject to any restrictions and reservations established by the Commission pursuant to such section 24), and (2) the Federal agency conveying such interest in lands has notified the Commission that the United States has received fair market value under applicable provisions of law for such conveyance, taking into account the full value of the waiver authorized under this section during the remaining term of the license. Approved October 19, 1984.

LEGISLATIVE HISTORY—S. 648: SENATE REPORT No. 98-573 (Comm. on Energy and Natural Resources). CONGRESSIONAL RECORD, Vol. 130 (1984): Aug. 6, 9, considered and passed Senate. Oct. 2, considered and passed House, amended. Oct. 4, Senate concurred in House amendment.

Oct. 19, 1984 [S. 648]

Energy.

�


text:
Page:United States Statutes at Large Volume 98 Part 2.djvu/1120

 98 STAT. 2280

PUBLIC LAW 98-497—OCT. 19, 1984 Public Law 98-497 98th Congress

An Act Oct. 19, 1984 [S. 905] National Archives and Records Administration Act of 1984. 44 USC 101 note.

To establish the National Archives and Records Administration, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "National Archives and Records Administration Act of 1984". TITLE I—ESTABLISHMENT OF AN INDEPENDENT NATIONAL ARCHIVES AND RECORDS ADMINISTRATION ESTABLISHMENT

SEC. 101. Section 2102 of title 44, United States Code, is amended to read as follows: "§ 2102. Establishment "There shall be an independent establishment in the executive branch of the Government to be known as the National Archives and Records Administration. The Administration shall be administered under the supervision and direction of the Archivist.". ORGANIZATION AND GENERAL AUTHORITY

44 USC

2107-2118.

44 USC 2103. President of U.S.

5 USC 5314.

SEC. 102. (a) Chapter 21 of title 44, United States Code, is amended— (1) by redesignating sections 2103 through 2114 as sections 2107 through 2118, respectively; and (2) by inserting after section 2102 the following new sections: "§2103. Officers "(a) The Archivist of the United States shall be appointed by the President by and with the advice and consent of the Senate. The Archivist shall be appointed without regard to political affiliations and solely on the basis of the professional qualifications required to perform the duties and responsibilities of the office of Archivist. The Archivist may be removed from office by the President. The President shall communicate the reasons for any such removal to each House of the Congress. "(b) The Archivist shall be compensated at the rate provided for level III of the Executive Schedule under section 5314 of title 5. "(c) There shall be in the Administration a Deputy Archivist of the United States, who shall be appointed by and who shall serve at the pleasure of the Archivist. The Deputy Archivist shall be established as a career reserved position in the Senior Executive Service within the meaning of section 3132(a)(8) of title 5. The Deputy Archivist shall perform such functions as the Archivist shall designate. During any absence or disability of the Archivist, the Deputy Archivist shall act as Archivist. In the event of a vacancy in the

�


text:
Page:United States Statutes at Large Volume 98 Part 2.djvu/1121

 PUBLIC LAW 98-497—OCT. 19, 1984

98 STAT. 2281

office of the Archivist, the Deputy Archivist shall act as Archivist until an Archivist is appointed under subsection (a). "§ 2104. Administrative provisions "(a) The Archivist shall prescribe such regulations as the Archivist deems necessary to effectuate the functions of the Archivist, and the head of each executive agency shall cause to be issued such orders and directives as such agency head deems necessary to carry out such regulations. "(b) Except as otherwise expressly provided by law, the Archivist may delegate any of the functions of the Archivist to such officers and employees of the Administration as the Archivist may designate, and may authorize such successive redelegations of such functions as the Archivist may deem to be necessary or appropriate. A delegation of functions by the Archivist shall not relieve the Archivist of responsibility for the administration of such functions. "(c) The Archivist may organize the Administration as the Archivist finds necessary or appropriate. "(d) The Archivist is authorized to establish, maintain, alter, or discontinue such regional, local, or other field offices as the Archivist finds necessary or appropriate to perform the functions of the Archivist or the Administration. "(e) The Archivist shall cause a seal of office to be made for the Administration of such design as the Archivist shall approve. Judicial notice shall be taken of such seal. "(f) The Archivist may establish advisory committees to provide advice with respect to any function of the Archivist or the Administration. Members of any such committee shall serve without compensation but shall be entitled to transportation expenses and per diem in lieu of subsistence in accordance with section 5703 of title 5. "(g) The Archivist shall advise and consult with interested Federal agencies with a view to obtaining their advice and assistance in carrying out the purposes of this chapter. "(h) If authorized by the Archivist, officers and employees of the Administration having investigatory functions are empowered, while engaged in the performance of their duties in conducting investigations, to administer oaths,

44 USC 2104. Regulations,

"§2105. Personnel and services "(a) The Archivist is authorized to select, appoint, employ, and fix the compensation of such officers and employees, pursuant to part III of title 5, as are necessary to perform the functions of the Archivist and the Administration. "(b) The Archivist is authorized to obtain the services of experts and consultants under section 3109 of title 5. "(c) Notwithstanding the provisions of section 973 of title 10 or any other provision of law, the Archivist, in carrying out the functions of the Archivist or the Administration, is authorized to utilize in the Administration the services of officials, officers, and other personnel in other Federal agencies, including personnel of the armed services, with the consent of the head of the agency concerned. "(d) Notwithstanding section 1342 of title 31, United States Code, the Archivist is authorized to accept and utilize voluntary and uncompensated services.

44 USC 2105.

31-194 - 0 - 86 - 36: QL. 3 Part 2

5 USC 5703.

5 USC 2101.

10 USC 973.

Voluntarism.

�


text:
Page:United States Statutes at Large Volume 98 Part 2.djvu/1122

 98 STAT. 2282 44 USC 2106.

Post, p. 2288.

Ante, p. 2280. Ante, p. 2280.

PUBLIC LAW 98-497—OCT. 19, 1984

"§ 2106. Reports to Congress "The Archivist shall submit to the Congress, in January of each year and at such other times as the Archivist finds appropriate, a report concerning the administration of functions of the Archivist, the Administration, the National Historical Publications and Records Commission, and the National Archives Trust Fund. Such report shall describe— "(1) program administration and expenditures of funds, both appropriated and nonappropriated, by the Administration, the Commission, and the Trust Fund Board; "(2) research projects and publications undertaken by Commission grantees, and by Trust Fund grantees, including detailed information concerning the receipt and use of all appropriated and nonappropriated funds; "(3) by account, the moneys, securities, and other personal property received and held by the National Archives Trust Fund Board, and of its operations, including a listing of the purposes for which funds are transferred to the National Archives and Records Administration for expenditure to other Federal agencies; and "(4) the matters specified in section 2904(c)(8) of this title.", (b) Section 2101 of title 44, United States Code, is amended— (1) by designating the two indented paragraphs as paragraphs (1) and (2), respectively; (2) by striking out "sections 2103-2113 of this title" in the matter preceding the first such paragraph and inserting in lieu thereof "this chapter''; (3) by striking out the period at the end and inserting in lieu thereof a semicolon; and (4) by adding at the end thereof the following new paragraphs: "(3) 'Archivist' means the Archivist of the United States appointed under section 2103 of this title; and "(4) 'Administration' means the National Archives and Records Administration established under section 2102 of this title.".

(c)(1) The table of sections for chapter 21 of title 44, United States Code, is amended to read as follows:

"CHAPTER 21—NATIONAL ARCHIVES AND RECORDS ADMINISTRATION "Sec. "2101. "2102. "2103. "2104. "2105. "2106. "2107. "2108. "2109. "2110. "2111. "2112. "2113. "2114. "2115. "2116. "2117. "2118.

Definitions. Establishment. Officers. Administrative provisions. Personnel and services. Reports to Congress. Acceptance of records for historical preservation. Responsibility for custody, use, and withdrawal of records. Preservation, arrangement, duplication, exhibition of records. Servicing records. Material accepted for deposit. Presidential archival depository. Depository for agreements between States. Preservation of motion-picture films, still pictures, and sound recordings. Reports; correction of violations. Legal status of reproductions; official seal; fees for copies and reproductions. Limitation on liability. Records of Congress.'.

�


text:
Page:United States Statutes at Large Volume 98 Part 2.djvu/1123

 PUBLIC LAW 98-497—OCT. 19, 1984

98 STAT. 2283

(2) The item relating to chapter 21 in the table of chapters for title 44, United States Code, is amended to read as follows: "21. National Archives and Records Administration

2101".

TRANSFERS

SEC. 103. (a) The National Archives and Records Service of the General Services Administration is transferred to the National Archives and Records Administration. (b)(1) All functions which were assigned to the Administrator of General Services by section 6 of Executive Order No. 10530 of May 11, 1954 (19 Fed. Reg. 2709; relating to documents and the Administrative Committee of the Federal Register), and by Executive Order Nunbered 11440 of December 11, 1968 (33 Fed. Reg. 18475; relating to supplemental use of Federal exhibits and displays), shall be exercised by the Archivist of the United States. (2) All functions pertaining to the maintenance, operation, and protection of a Presidential archival depository which were assigned to the Administrator of General Services by the Act of September 6, 1965 (Public Law 89-169, 79 Stat. 648), relating to the Lyndon Baines Johnson Presidential Archival Depository, and by the Act of August 27, 1966 (Public Law 89-547, 80 Stat. 370) and the Act of May 26, 1977 (Public Law 95-34, 91 Stat. 174), relating to the John Fitzgerald Kennedy Library, shall be exercised by the Archivist of the United States. (c) In the exercise of the functions transferred by this Act and the amendments made by this Act, the Archivist shall have the same authority as had the Administrator of General Services prior to the transfer of such functions, and the actions of the Archivist shall have the same force and effect as when exercised by such Administrator. (d) Prior to the appointment and confirmation of an individual to serve as Archivist of the United States under section 2103 of title 44, United States Code, the individual holding the office of Archivist of the United States on the day before the effective date of this Act may serve as Archivist under such section, and while so serving shall be compensated at the rate provided under subsection O> of t) such section.

44 USC 2102 note.

3 USC 301 note. 44 USC 2105 "ot^.

44 USC 2108 note. 44 USC 2108 note.

Ante, p. 2280.

TRANSFER OF PERSONNEL

SEC. 104. (a) Except as otherwise provided in this Act, the personnel employed in connection with, and the assets, liabilities, contracts, property, records, and unexpended balances of appropriations, authorizations, allocations, and other funds employed, held, used, arising from, available to or to be made available in connection with the functions and agencies transferred by this Act and the amendments made by this Act, subject to section 1531 of title 31, United States Code, are transferred to the Archivist for appropriate allocation. Pursuant to the preceding sentence, there shall be transferred to the Archivist for appropriate allocation (1) for the remainder of fiscal year 1985, an amount equal to not less than $2,760,000 (adjusted to reflect actual salaries and benefits of transferred employees and other costs) from the unexpended balances of the fiscal year 1985 funds and appropriations available to the General Services Administration, and (2) 115.5 full-time equivalent employee positions, of which not less than 30 percent shall be vacant. Unexpended funds transferred pursuant to this subsection shall be used

44 USC 2102 note.

�


text:
Page:United States Statutes at Large Volume 98 Part 2.djvu/1124

 98 STAT. 2284

PUBLIC LAW 98-497—OCT. 19, 1984

only for the purposes for which the funds were originally authorized and appropriated. (h) The transfer pursuant to this title of full-time personnel (except special Government employees) and part-time personnel holding permanent positions shall not cause any such employees to be separated or reduced in grade or compensation for one year after such transfer or after the effective date of this Act, whichever is later. SAVINGS PROVISIONS

44 USC 2102 note.

Regulations.

SEC. 105. (a) All orders, determinations, rules, regulations, grants, contracts, agreements, permits, licenses, privileges, and other actions which have been issued, granted, made, undertaken, or entered into in the performance of any function transferred by this Act or the amendments made by this Act shall continue in effect according to their terms until modified, terminated, superseded, set aside, or revoked in accordance with law by any authorized official, a court of competent jurisdiction, or by operation of law. (b)(1) The transfer of functions by this Act and by the amendments made by this Act shall not affect any proceedings, including notices of proposed rulemaking, or any application for any license, permit, certificate, or financial assistance pending on the effective date of this Act before the General Services Administration; but such proceedings and applications, to the extent that they relate to the functions so transferred, shall be continued. Orders shall be issued in such proceedings, appeals shall be taken therefrom, and payments shall be made pursuant to such orders, as if this Act had not been enacted; and orders issued in any such proceedings shall continue in effect until modified, terminated, superseded, or revoked by the Archivist, by a court of competent jurisdiction, or by operation of law. Nothing in this subsection shall be deemed to prohibit the discontinuance or modification of any such proceeding under the same terms and conditions and to the same extent that such proceeding could have been discontinued or modified if this Act had not been enacted. (2) The Archivist is authorized to promulgate regulations providing for the orderly transfer of proceedings continued under paragraph (1) from the General Services Administration to the Administration. (c) Except as provided in subsection (e)— (1) the provisions of this Act and of the amendments made by this Act shall not affect actions commenced prior to the effective date of this Act, and (2) in all such actions, proceedings shall be had, appeals taken, and judgments rendered in the same manner and effect as if this Act had not been enacted. (d) No action or other proceeding lawfully commenced by or against any officer of the United States acting in the official capacity of such officer shall abate by reason of any transfer of functions by this Act or by an amendment made by this Act. No cause of action by or against the General Services Administration or by or against any officer thereof in the official capacity of such officer shall abate by reason of any such transfer of functions. (e) If, before the date on which this Act takes effect, the General Services Administration or any officer thereof in the official capacity of such officer, is a party to an action, and under this Act or the amendments made by this Act any function in connection with such

�


text:
Page:United States Statutes at Large Volume 98 Part 2.djvu/1125

 PUBLIC LAW 98-497—OCT. 19, 1984

98 STAT. 2285

action is transferred to the Archivist or any other official of the Administration, then such action shall be continued with the Archivist or other appropriate official of the Administration substituted or added as a party. (f) Orders and actions of the Archivist in the exercise of functions transferred by this Act or by amendments made by this Act shall be subject to judicial review to the same extent and in the same manner as if such orders and actions had been by the individual holding the office of Archivist of the United States on the day before the effective date of this Act or the Administrator of General Services in the exercise of such functions immediately preceding their transfer. Any statutory requirements relating to notice, hearings, action upon the record, or administrative review that apply to any function transferred by this Act or by any amendment made by this Act shall apply to the exercise of such function by the Archivist. REFERENCE

SEC. 106. With respect to any functions transferred by this Act or by an amendment made by this Act and exercised after the effective date of this Act, reference in any other Federal law to the office of the Archivist of the United States as in existence on the date before the effective date of this Act, or the National Archives and Records Service of the General Services Administration, or any office or officer thereof, shall be deemed to refer to the Archivist or the Administration.

44 USC 2102 note.

CONFORMING AMENDMENTS

SEC. 107. (a)(1) Section 2107 of title 44, United States Code, as redesignated by section 102(a)(1), is amended— (A) by striking out "Administrator of General Services" and inserting in lieu thereof "Archivist"; (B) by striking out "or of the Congress" in paragraph (1) and inserting in lieu thereof ", the Congress, the Architect of the Capitol, or the Supreme Court"; (C) by striking out "Administrator" each place it appears and inserting in lieu thereof "Archivist"; and (D) by striking out "section 2107" in paragraph (4) and inserting in lieu thereof "section 2111". (2) Section 2108 of such title, as redesignated by section 102(a)(1), is amended— (A) by striking out "the Administrator, the Archivist of the United States, and to the employees of the General Services Administration" in subsection (a) and inserting in lieu thereof "the Archivist and to the employees of the National Archives and Records Administration"; (B) by striking out "and in consultation with the Archivist of the United States" in such subsection; (C) by striking out "the Archivist and" in the fifth sentence of such subsection; (D) by striking out "Administrator of General Services" each place it appears and inserting in lieu thereof "Archivist"; and (E) by striking out "Administrator" each place it appears and inserting in lieu thereof "Archivist". (3) Section 2109 of such title, as redesignated by section 102(a)(1), is amended—

Ante, p. 2280.

44 USC 21O8.

44 USC 2109.

�


text:
Page:United States Statutes at Large Volume 98 Part 2.djvu/1126

 98 STAT. 2286

44 USC 2110. Ante, p. 2280. 44 USC 2111.

44 USC 2112.

44 USC 2113, 2114, 2117. 44 USC 2115.

PUBLIC LAW 98-497—OCT. 19, 1984

(A) by striking out "Administrator of General Services" and inserting in lieu thereof "Archivist"; and (B) by inserting "and Records" immediately following "National Historical Publications". (4) Section 2110 of such title, as redesignated by section 102(a)(1), is amended by striking out "Administrator of General Services" and inserting in lieu thereof "Archivist". (5) Section 2111 of such title, as redesignated by section 102(a)(1), is amended— (A) by striking out "Administrator of General Services" and inserting in lieu thereof "Archivist"; and (B) by striking out "Administrator" and inserting in lieu thereof "Archivist". (6) Section 2112 of such title, as redesignated by section 102(a)(1), is amended— (A) by striking out "Administrator of General Services" and inserting in lieu thereof "Archivist"; (B) by striking out "Administrator" each place it appears and inserting in lieu thereof "Archivist"; and (C) by striking out "section 2107" each place it appears and inserting in lieu thereof "section 2111". (7) Sections 2113, 2114, and 2117 of such title, as redesignated by section 102(a)(1), are amended by striking out "Administrator of General Services" and inserting in lieu thereof "Archivist". (8) Section 2115 of such title, as redesignated by section 102(a)(1), is amended to read as follows:

"§ 2115. Reports; correction of violations "(a) In carrying out their respective duties and responsibilities 44 USC 2101, under chapters 21, 25, 29, 31, and 33 of this title, the Archivist and 2501, 2901, 3101, the Administrator may each obtain reports from any Federal agency on such agency's activities under such chapters. "(b) When either the Archivist or the Administrator finds that a provision of any such chapter has been or is being violated, the Archivist or the Administrator shall (1) inform in writing the head of the agency concerned of the violation and make recommendations for its correction; and (2) unless satisfactory corrective measures are inaugurated within a reasonable time, submit a written report of the matter to the President and the Congress.". 44 USC 2116. (9) Section 2116 of such title, as redesignated by section 102(a)(l), is Ante, p. 2280. amended— (A) by striking out "Administrator of General Services" and inserting in lieu thereof "Archivist,"; and (B) by striking out "Administrator" and inserting in lieu thereof "Archivist". 44 USC 2118. (10) Section 2118 of such title, as redesignated by section 102(a)(l), is amended by striking out "General Services Administration" and inserting in lieu thereof "National Archives and Records Administration". (b)(1) Sections 710, 711, and 729 of title 44, United States Code, are amended by striking out "Administrator of General Services" each place it appears and inserting in lieu thereof "Archivist of the United States". 44 USC 1501. (2) Section 1501 of such title is amended— (A) by striking out the period at the end of the last paragraph and inserting in lieu thereof a semicolon and "and"; and (B) by adding at the end thereof the following new paragraph:

�