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 100 STAT. 38

PUBLIC LAW 99-254—MAR. 4, 1986 Public Law 99-254 99th Congress Joint Resolution

March 4, 1986 [H.J. Res. 499]

Designating the week beginning March 2, 1986, as "Women's History Week".

Whereas American women of every race, class, and ethnic background have made historical contributions to the growth and strength of the Nation in countless recorded and unrecorded ways; Whereas American women have played and continue to play a critical economic, cultural, and social role in every sphere of our Nation's life by constituting a significant portion of the labor force working in and outside of the home; Whereas American women have played a unique role throughout our history by providing the majority of the Nation's volunteer labor force and have been particularly important in the establishment of early charitable, philanthropic, and cultural institutions in this country; Whereas American women of every race, class, and ethnic background served as early leaders in the forefront of every major progressive social change movement, not only to secure their own right of suffrage and equal opportunity, but also in the abolitionist movement, the emancipation movement, the industrial labor movement, the civil rights movement, and other movements to create a more fair and just society for all; and Whereas, despite these contributions, the role of American women in history has been consistently overlooked and undervalued in the body of American history: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the week beginning March 2, 1986, is designated as "Women's History Week", and the President is requested to issue a proclamation calling upon the people of the United States to observe such week with appropriate ceremonies and activities. Approved March 4, 1986.

LEGISLATIVE HISTORY—H.J. Res. 499: CONGRESSIONAL RECORD, Vol. 132 (1986): Feb. 6, considered and passed House. Feb. 27, considered and passed Senate.

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 PUBLIC LAW 99-255—MAR. 7, 1986

100 STAT. 39

Public Law 99-255 99th Congress An Act To establish, for the purpose of implementing any order issued by the President for j ^ rj jggg fiscal year 1986 under any law providing for sequestration of new loan guarantee — _ ' — commitments, a guaranteed loan limitation amount applicable to chapter 37 of title [H.R. 4130] 38, United States Code, for fiscal year 1986.

Be it enacted iy the Senate and House of Representatives of the United States of America in Congress assembled. That, for the 2 USC 902 note. purpose of implementing any order issued by the President for fiscal year 1986 under any law providing for sequestration of new loan guarantee commitments, the guaranteed loan limitation amount applicable for that fiscal year to loan guarantee commitments under chapter 37 of title 38, United States Code, is an amount equal to 38 USC isoi $18,200,000,000 reduced by 4.3 percent. ^t ^eq. Approved March 7, 1986.

LEGISLATIVE HISTORY—H.R. 4130 (S. 2052): HOUSE REPORTS: No. 99-472 (Comm. on Veterans' Affairs). SENATE REPORTS: No. 99-238 accompanying S. 2052 (Comm. on Veterans' Affairs). CONGRESSIONAL RECORD, Vol. 132 (1986): Feb. 25, considered and passed House and Senate.

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


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 100 STAT. 40

PUBLIC LAW 99-256—MAR. 10, 1986 Public Law 99-256 99th Congress Joint Resolution

Mar. 10, 1986 [H.J. Res. 409]

To direct the President to issue a proclamation designating February 16, 1986, as "Lithuanian Independence Day".

Whereas February 16, 1986, marks the 68th anniversary of the declaration of independence of Lithuania; Whereas on February 16, 1918, the Council of Lithuania, the sole representative of the Lithuanian people, in conformity with the recognized right to national self-determination, proclaimed the restitution of the independent and democratic state of Lithuania and declared rupture of all ties which formally subordinated Lithuania to other nations; Whereas a free Lithuania existed until the Soviet takeover in 1940; Whereas the United States opposes tyranny and injustice in all forms and supports the cause of a free Lithuania; Whereas the oppressed people currently living in Lithuania should keep the flame of freedom forever burning in their hearts: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled. That the President shall issue a proclamation designating February 16, 1986, as "Lithuanian Independence Day" and calling on the people of the United States to celebrate such day with appropriate ceremonies and activities. Approved March 10, 1986.

LEGISLATIVE HISTORY—H.J. Res. 409: CONGRESSIONAL RECORD: Vol. 131 (1985): Dec. 12, considered and passed House. Vol. 132 (1986): Feb. 27, considered and passed Senate.

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 PUBLIC LAW 99-257—MAR. 14, 1986

100 STAT. 41

Public Law 99-257 99th Congress Joint Resolution To designate March 16, 1986, as "Freedom of Information Day".

Whereas a fundamental principle of our Government is that a wellinformed citizenry can reach the important decisions that determine the present and future of the Nation; Whereas the freedoms we cherish as Americans are fostered by free access to information; Whereas many Americans, because they have never known any other way of life, take for granted the guarantee of free access to information that derives from the First Amendment to the Constitution of the United States; Whereas the guarantee of free access to information should be emphasized and celebrated emnually; and Whereas March 16 is the anniversary of the birth of James Madison, one of the Founding Fathers, who recognized and supported the need to guarantee individual rights through the Bill of Rights: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That March 16, 1986, is designated as "Freedom of Information Day", and the President is authorized and requested to issue a proclamation calling upon Federal, State, and local government agencies and the people of the United States to observe such day with appropriate programs, ceremonies, and activities. Approved March 14, 1986.

LEGISLATIVE HISTORY—H.J. Res. 371 (S.J. Res. 278): CONGRESSIONAL RECORD, Vol. 132 (1986): Feb. 27, considered and passed House. Mar. 4, considered and passed Senate.

Mar. 14, 1986 [H.J. Res. 371]

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Page:Collodi - The Story of a Puppet, translation Murray, 1892.djvu/117

 Opening the trap he seized the puppet by the collar, and carried him to his house as if he had been a young lamb.

When he reached the yard in front of the house he threw him roughly on the ground, and putting his foot on his neck he said to him:

'It is late, and I want to go to bed; we will settle our accounts to-morrow. In the meanwhile, as the dog who kept guard at night died to-day, you shall take his place at once. You shall be my watch-dog.'

And taking a great collar covered with brass knobs he strapped it tightly round his throat that he might not be able to draw his head out of it. A heavy chain attached to the collar was fastened to the wall.

'If it should rain to-night,' he then said to him, 'you can go and lie down in the kennel; the straw that has served as a bed for my poor dog for the last four years is still there. If unfortunately robbers should come, remember to keep your ears pricked and to bark.'

After giving him this last injunction the man went into the house, shut the door, and put up the chain.

Poor Pinocchio remained lying on the ground more dead than alive from the effects of cold, hunger, and fear. From time to time he put his hands angrily to the collar that tightened his throat and said, crying:


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Page:United States Statutes at Large Volume 100 Part 1.djvu/78

 100 STAT. 42

PUBLIC LAW 99-258—MAR. 19, 1986 Public Law 99-258 99th Congress An Act

Mar 19 1986 —^^^' ' — [H.R. 3851]

To amend section 901 of the Alaska National Interest Lands Conservation Act.

43 USC 1631.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That subsection (a) of section 901 of the Alaska National Interest Lands Conservation Act (Public Law 96-487) is hereby amended by striking the words "five years after the date of execution" each time such words occur in such subsection, and by inserting in lieu thereof in each instance the words "six years after the date of execution". Approved March 19, 1986.

LEGISLATIVE HISTORY—H.R. 3851: HOUSE REPORT No. 99-437 (Comm. on Interior and Insular Affairs). SENATE REPORT No. 99-234 (Comm. on Energy and Natural Resources). CONGRESSIONAL RECORD: Vol. 131 (1985): Dec. 12, considered and passed House. Vol. 132 (1986): Mar. 4, considered and passed Senate.

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Page:United States Statutes at Large Volume 100 Part 1.djvu/79

 PUBLIC LAW 99-259—MAR. 19, 1986

100 STAT. 43

Public Law 99-259 99th Congress Joint Resolution To designate March 1986, as "Music in Our Schools Month".

Whereas the music programs in our Nation's schools fundamentally influence the lives of millions of Americans who participate in these programs; Whereas music is a powerful aesthetic force that exalts the human spirit, transforms human experience, and enhances the quality of life; Whereas music is one of the most glorious manifestations of our cultural heritage that should be transmitted to succeeding generations; Whereas music embodies one of the major symbolic systems that make mankind uniquely human; Whereas music provides a source of enjoyment and an outlet for creativity and self-expression for all Americans; Whereas music directly affects the innermost feelings and responses of every child and plays an essential role in the education of this Nation's children; Whereas the study of music uniquely contributes to the intellectual, emotional, and physical development of young people; Whereas music provides a useful means for learning about other cultures, both within the United States and abroad; Whereas the study of music and the other arts enhances student morale and improves the quality of the school environment; Whereas national recognition and support will assist music educators in enriching the lives of all Americans, regardless of background, age, or musical talent; and Whereas the observation of "Music in Our Schools Month" will provide a special opportunity for Americans to learn about and support the music programs in our Nation's schools: Now, therefore, be it

Mar. 19, 1986 [H.J. Res. 345]

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Page:United States Statutes at Large Volume 100 Part 1.djvu/80

 100 STAT. 44

PUBLIC LAW 99-259—MAR. 19, 1986 Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That March 1986, is designated as "Music in Our Schools Month", and all Federal, State, and local government agencies and programs, and all citizens, are called upon to show their support for music in the schools of America. Approved March 19, 1986.

LEGISLATIVE HISTORY—H.J. Res. 345: CONGRESSIONAL RECORD, Vol. 132 (1986): Feb. 27, considered and passed House. Mar. 11, considered and passed Senate.

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Page:United States Statutes at Large Volume 100 Part 1.djvu/81

 PUBLIC LAW 99-260—MAR. 20, 1986 Public Law 99-260 99th Congress

100 STAT. 45

An Act Entitled the "Food Security Improvements Act of 1986".

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE.

This Act may be cited as the "Food Security Improvements Act of 1986". SEC. 2. NONPROGRAM CROPS.

(a) WHEAT.—Section 107D(c)(l) of the Agricultural Act of 1949 (as added by section 308 of the Food Security Act of 1985) is amended— (1) in subparagraph (C), by striking out "or nonprogram crops" each place it appears in clauses (i) and (iv) and inserting in lieu thereof "(except as provided in subparagraph (K))"; (2) in subparagraph (C)(iii), by striking out the last sentence and inserting in lieu thereof the following new sentence: "To be eligible for payments under this clause, such producers must devote such acreage to conservation uses (except as provided in subparagraph (K))."; and (3) by striking out subparagraph (K) and inserting in lieu thereof the following new subparagraph: "(K)(i) The Secretary may permit, subject to such terms and conditions as the Secretary may prescribe, all or any part of acreage otherwise required to be devoted to conservation uses as a condition of qualifying for payments under subparagraph (C) to be devoted to sweet sorghum or the production of guar, sesame, safflower, sunflower, castor beans, mustard seed, crambe, plantago ovato, flaxseed, triticale, rye, commodities for which no substantial domestic production or market exists but that could yield industrial raw material being imported, or likely to be imported, into the United States, or commodities grown for experimental purposes (including kenaf), subject to the following sentence. The Secretary may permit such acreage to be devoted to such production only if the Secretary determines that— "(I) the production is not likely to increase the cost of the price support program and will not affect farm income adversely; and "(II) the production is needed to provide an adequate supply of the commodity, or, in the case of commodities for which no substantial domestic production or market exists but that could yield industrial raw materials, the production is needed to encourage domestic manufacture of such raw material and could lead to increased industrial use of such raw material to . the long-term benefit of United States industry. "(ii)(I) -Except as provided in subclause (II), the Secretary shall permit, at the request of the State committee established under section 8(b) of the Soil Conservation and Domestic Allotment Act (16 U.S.C. 590h(b)) for a State and subject to such terms and conditions

Mar. 20, 1986 [H.R. 1614] Food Security Improvements Act of 1986. Agriculture and agricultural commodities. 7 USC 1281 note. Conservation. 99 Stat. 1383. 7 USC 1445b-3.

State and local governments. Ante, p. 36.

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Page:United States Statutes at Large Volume 100 Part 1.djvu/82

 100 STAT. 46

PUBLIC LAW 99-260—MAR. 20, 1986 as the Secretary may prescribe, all or any part of acreage otherwise required to be devoted to conservation uses as a condition of qualifying for payments under subparagraph (C) in such State to be devoted to haying and grazing. "(11) Haying and grazing shall not be permitted for any crop under subclause (I) if the Secretary determines that haying and grazing would have an adverse economic effect.". (b) FEED GRAINS.—Section 105C(c)(l) of the Agricultural Act of

99 Stat. 1395. 7 USC 1444e.

State and local governments. Ante, p. 36.

99 Stat. 1407. 7 USC 1444-1.

1949 (as added by section 401 of the Food Security Act of 1985) is amended— (1) in subparagraph (B), by striking out "or nonprogram crops" each place it appears in clauses (i) and (iv) and inserting in lieu thereof "(except as provided in subparagraph (I))"; (2) in subparagraph (B)(iii), by striking out the last sentence and inserting in lieu thereof the following new sentence: "To be eligible for payments under this clause, such producers must devote such acreage to conservation uses (except as provided in subparagraph (I))."; and (3) by striking out subparagraph (I) and inserting in lieu thereof the following new subparagraph: "(I)(i) The Secretary may permit, subject to such terms and conditions as the Secretary may prescribe, all or any part of acreage otherwise required to be devoted to conservation uses as a condition of qualifying for payments under subparagraph (B) to be devoted to sweet sorghum or the production of guar, sesame, safflower, sunflower, castor beans, mustard seed, crambe, plantago ovato, flaxseed, triticale, rye, commodities for which no substantial domestic production or market exists but that could yield industrial raw material being imported, or likely to be imported, into the United States, or commodities grown for experimental purposes (including kenaf), subject to the following sentence. The Secretary may permit such acreage to be devoted to such production only if the Secretary determines that— "(I) the production is not likely to increase the cost of the price support program and will not affect farm income adversely; and "(II) the production is needed to provide an adequate supply of the commodity, or, in the case of commodities for which no substantial domestic production or market exists but that could yield industrial raw materials, the production is needed to encourage domestic manufacture of such raw material and could lead to increased industrial use of such raw material to the long-term benefit of United States industry. "(ii)(I) Except as provided in subclause (II), the Secretary shall permit, at the request of the State committee established under section 8(b) of the Soil Conservation and Domestic Allotment Act (16 U.S.C. 590h(b)) for a State and subject to such terms and conditions as the Secretary may prescribe, all or any part of acreage otherwise required to be devoted to conservation uses as a condition of qualifying for payments under subparagraph (B) in such State to be devoted to haying and grazing. "(II) Haying and grazing shall not be permitted for any crop under subclause (I) if the Secretary determines that haying and grazing would have an adverse economic effect.". (c) COTTON.—Section 103A(c)(l) of the Agricultural Act of 1949 (as added by section 501 of the Food Security Act of 1985) is amended—

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Page:United States Statutes at Large Volume 100 Part 1.djvu/83

 PUBLIC LAW 99-260—MAR. 20, 1986 (1) in subparagraph (B), by striking out "or nonprogram crops" each place it appears in clauses (i) and (iv) and inserting in lieu thereof "(except as provided in subparagraph (G))"; (2) in subparagraph (B)(iii), by striking out the last sentence and inserting in lieu thereof the following new sentence: "To be eligible for payments under this clause, such producers must devote such acreage to conservation uses (except as provided in subparagraph (G))."; and (3) by striking out subparagraph (G) and inserting in lieu thereof the following new subparagraph: "(G)(i) The Secretary may permit, subject to such terms and conditions as the Secretary may prescribe, all or any part of acreage otherwise required to be devoted to conservation uses as a condition of qualifying for payments under subparagraph (B) to be devoted to sweet sorghum or the production of guar, sesame, safflower, sunflower, castor beans, mustard seed, crambe, plantago ovato, flaxseed, triticale, rye, commodities for which no substantial domestic production or market exists but that could yield industrial raw material being imported, or likely to be imported, into the United States, or commodities grown for experimental purposes (including kenaf), subject to the following sentence. The Secretary may permit such acreage to be devoted to such production only if the Secretary determines that— "(I) the production is not likely to increase the cost of the price support program and will not affect farm income adversely; and "(II) the production is needed to provide an adequate supply of the commodity, or, in the case of commodities for which no substantial domestic production or market exists but that could yield industrial raw materials, the production is needed to encourage domestic manufacture of such raw material and could lead to increased industrial use of such raw material to the long-term benefit of United States industry. "(ii)(I) Except as provided in subclause (II), the Secretary shall permit, at the request of the State committee established under section 8(b) of the Soil Conservation and Domestic Allotment Act (16 U.S.C. 590h(b)) for a State and subject to such terms and conditions as the Secretary may prescribe, all or any part of acreage otherwise required to be devoted to conservation uses as a condition of qualifying for payments under subparagraph (B) in such State to be devoted to haying and grazing. "(II) Haying and grazing shall not be permitted for any crop under subclause (I) if the Secretary determines that haying and grazing would have an adverse economic effect.". (d) RICE.—Section 101A(c)(l) of the Agricultural Act of 1949 (as added by section 601 of the Food Security Act of 1985) is amended— (1) in subparagraph (B), by striking out "or nonprogram crops" each place it appears in clauses (i) and (iv) and inserting in lieu thereof "(except as provided in subparagraph (G))"; (2) in subparagraph (B)(iii), by striking out the last sentence and inserting in lieu thereof the following new sentence: "To be eligible for payments under this clause, such producers must devote such acreage to conservation uses (except as provided in subparagraph (G))."; and (3) by striking out subparagraph (G) and inserting in lieu thereof the following new subparagraph:

100 STAT. 47

State and local governments. Ante, p. 36.

99 Stat. 1419. '^ ^SC1441-1.

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Page:United States Statutes at Large Volume 100 Part 1.djvu/84

 100 STAT. 48

State and local governments. Ante, p. 36.

7 USC 1441-1 note.

PUBLIC LAW 99-260—MAR. 20, 1986 "(G)(i) The Secretary may permit, subject to such terms and conditions as the Secretary may prescribe, all or any part of acreage otherwise required to be devoted to conservation uses as a condition of qualifying for payments under subparagraph (B) to be devoted to sweet sorghum or the production of guar, sesame, safflower, sunflower, castor beans, mustard seed, crambe, plantago ovato, flaxseed, triticale, rye, commodities for which no substantial domestic production or market exists but that could yield industrial raw material being imported, or likely to be imported, into the United States, or commodities grown for experimental purposes (including kenaf), subject to the following sentence. The Secretary may permit such acreage to be devoted to such production only if the Secretary determines that— "(I) the production is not likely to increase the cost of the price support program and will not affect farm income adversely; and "(II) the production is needed to provide an adequate supply of the commodity, or, in the case of commodities for which no substantial domestic production or market exists but that could yield industrial raw materials, the production is needed to encourage domestic manufacture of such raw material and could lead to increased industrial use of such raw material to the long-term benefit of United States industry. "(ii)(I) Except as provided in subclause (II), the Secretary shall permit, at the request of the State committee established under section 8(b) of the Soil Conservation and Domestic Allotment Act (16 U.S.C. 590h(b)) for a State and subject to such terms and conditions as the Secretary may prescribe, all or any part of acreage otherwise required to be devoted to conservation uses as a condition of qualifying for payments under subparagraph (B) in such State to be devoted to haying and grazing. "(II) Haying and grazing shall not be permitted for any crop under subclause (I) if the Secretary determines that haying and grazing would have an adverse economic effect.". (e) APPLICATION.—In the case of the 1986 crops of wheat, feed grains, upland cotton, and rice, the amendments made by this section shall not apply to any producer who demonstrates to the satisfaction of the Secretary of Agriculture that the producer, before February 26, 1986, planted or contracted to plant for the 1986 crop year a portion of the permitted acreage of the producer to any agricultural commodity other than wheat, feed grains, upland cotton, extra long staple cotton, rice, or soybeans. SEC. 3. FARM PROGRAM PAYMENT YIELDS. (a)

99 Stat. 1463. 7 USC 1466.

ESTABLISHED PRICE PAYMENTS FOR 1986

AND

1987

CROP

YEARS.—Section 506(b) of the Agricultural Act of 1949 (as added by section 1031 of the Food Security Act of 1985) is amended— (1) in paragraph (1), by striking out "paragraph (2)" and inserting in lieu thereof "paragraphs (2) and (3)"; (2) by redesignating paragraphs (2) through (4) as paragraphs (3) through (5), respectively; and (3) by inserting after paragraph (1) the following new paragraph: "(2)(A) In the case of the 1986 crop year for a commodity, if the farm program payment yield for a farm is reduced more than 3 percent below the farm program payment yield for the 1985 crop year, the Secretary shall make available to producers established

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Page:U.S. Department of the Interior Annual Report 1880.djvu/9

Rh addition to this the Uintah Utes have this fall undertaken to transport the goods and supplies purchased for them.

In several instances I have seen Indian freighters employed by white people living near the Indian camps, and I have no doubt that this industry can be greatly extended aside from the transportation of government goods. It has introduced thousands of Indians formerly idle and shiftless to habits of industry, inspired them with a desire to earn money and accustomed them to its prudent use.

In my report of last year I stated the number of Indian youth learning trades in various work-shops at the agencies and elsewhere as 185. This number has since been increased to 358. The policy of employing Indians as workmen and even as foremen and machinists at the agencies has been continued and extended with great success. Brick-making has been begun. Houses for the Indians are now almost exclusively built by the Indians themselves. The aptitude shown by the Indians for mechanical work has in many cases been surprising and deserves every possible encouragement.

Expressions of an anxious desire on the part of the Indians belonging to the so-called wild tribes to have their children instructed in the ways of civilized life have grown so numerous and urgent, that the inadequacy of the means placed at the disposal of the department for this purpose has become particularly painful. I stated in my last report that mere day schools upon the Indian reservations have, in many respects, proved an insufficient agency for the education of Indian youth. The simple reason is that they do not withdraw the pupils from the influences of their home surroundings in such a manner as to facilitate a change in their habits of daily life. To this end boarding-schools are required, where pupils can be instructed, not only in the elementary branches of knowledge, but also in house-work, mechanical pursuits, and other civilized occupations. In fact it is just as necessary to teach Indian children how to live as how to read and write. The appropriations made by Congress permitted the opening of only three additional boarding-schools during the past year; but arrangements were made for erecting eleven school buildings the coming season, and for the establishment of thirteen new schools of that kind, which, however, will satisfy the demands of only a limited number of Indians who have so far been without such facilities. In order to put these schools in full operation, further appropriations by Congress at the next session will be required. I desire to call special attention to the report of the Commissioner of Indian Affairs upon this subject. He sets forth plainly how utterly insufficient the means at the disposal of the department have been so far to afford to even one-half of the Indian children on the different reservations the most necessary educational facilities; and I deem it my duty to repeat that false economy in this respect at


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Page:United States Statutes at Large Volume 100 Part 1.djvu/85

 PUBLIC LAW 99-260—MAR. 20, 1986

100 STAT. 49

price payments for the commodity (in the form of commodities owned by the Commodity Credit Corporation) in such amount as the Secretary determines is necessary to provide the same total return to producers as if the farm program payment yield had not been reduced more than 3 percent below the farm program payment yield for the 1985 crop year. "(B) In the case of the 1987 crop year for a commodity, if the farm program payment yield for a farm is reduced more than 5 percent below the farm program payment yield for the 1985 crop year, the Secretary shall make available to producers established price payments for the commodity (in the form of commodities owned by the Commodity Credit Corporation) in such amount as the Secretary determines is necessary to provide the same total return to producers as if the farm program payment yield had not been reduced more than 5 percent below the farm program payment yield for the 1985 crop year.". (b) FARM PROGRAM PAYMENT YIELDS FOR 1988 AND SUBSEQUENT

CROP YEARS.—Section 506(c)(1) of the Agricultural Act of 1949 is 99 Stat. 1463. amended by adding at the end thereof the following new sentence: 7 USC 1466. "Notwithstanding any other provision of this paragraph, for purposes of establishing a farm program payment yield for any program crop for any farm for the 1988 and subsequent crop years, the farm program payment yield for the 1986 crop year may not be reduced more than 10 percent below the farm program payment yield for the farm for the 1985 crop year.". SEC. 4. SPECIAL ASSISTANT FOR AGRICULTURAL TRADE AND FOOD ASSISTANCE.

(a) CHANGE OF TITLE.—(1) Section 1113 of the Food Security Act of 99 Stat. 1479. 1985 is amended— '^ USC 1736-1. (A) in the caption, by striking out "FOOD AID" and inserting in lieu thereof "FOOD ASSISTANCE"; and (B) in subsection (a), by striking out "Food Aid" and inserting in lieu thereof "Food Assistance". (2) The table of contents in section 2 of such Act is amended by striking out "Food Aid" in the item relating to section 1113 and inserting in lieu thereof "Food Assistance". (b) APPOINTMENT OF INITIAL SPECIAL ASSISTANT.—Section 1113(a)

President of U.S.

of such Act is amended by adding at the end thereof the following new sentence: "The President shall appoint the initial Special Assistant not later than May 1, 1986.". (c) REMOVAL OF LEVEL I CLASSIFICATION.—Section 5312 of title 5, United States Code, as amended by section 1113(d) of the Food Security Act of 1985, is amended by striking out the item relating to: "Special Assistant for Agricultural Trade and Food Aid.". (d) COMPENSATION FOR THE SPECIAL ASSISTANT.—Section 1113(d) of 7 USC i736-i.

the Food Security Act of 1985 is amended to read as follows: "(d) Compensation for the Special Assistant shall be fixed by the President of U.S. President at an annual rate of basic pay of not less than the rate applicable to positions in level III of the Executive Schedule.". SEC. 5. TARGETED EXPORT ASSISTANCE.

Section 1124 of the Food Security Act of 1985 is amended by 99 Stat. 1481. striking out subsection (a) and inserting in lieu thereof the following 7 USC 1736s. new subsection: "(a) For export activities authorized to be carried out by the Secretary of Agriculture or the Commodity Credit Corporation, in

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Page:United States Statutes at Large Volume 100 Part 1.djvu/86

 100 STAT. 50

PUBLIC LAW 99-260—MAR. 20, 1986 addition to any funds or commodities otherwise required under this Act to be used for such activities— "(1) for each of the fiscal years ending September 30, 1986, through September 30, 1988, the Secretary shall use under this section not less than $110,000,000 of funds of, or commodities owned by, the Corporation; and "(2) for each of the fiscal years ending September 30, 1989, and September 30, 1990, the Secretary shall use under this section not less than $325,000,000 of funds of, or commodities owned by, the Corporation.". SEC. 6. DEVELOPMENT AND EXPANSION OF MARKETS FOR UNITED STATES AGRICULTURAL COMMODITIES.

99 Stat. 1483. 7 USC 1736v.

99 Stat. 1383. 7 USC 1445b-3. State and local governments. Ante, p. 36.

99 Stat. 1395. 7 USC 14448.

Subsection (i) of section 1127 of the Food Security Act of 1985 is amended to read as follows: "(i) During the period beginning October 1, 1985, and ending September 30, 1988, the Secretary shall use agricultural commodities and the products thereof referred to in subsection (a) to carry out this section, except that the value of the commodities and products may not be less than $1,000,000,000, nor more than $1,500,000,000. To the maximum extent practicable, such commodities shall be used in equal amounts during each of the years in such period.". SEC. 7 HAY AND GRAZING ON DIVERTED WHEAT AND FEED GRAIN ACRE. AGE. (a) WHEAT.—Subparagraph (C) of section 107D(f)(4) of the Agricultural Act of 1949 (as added by section 308 of the Food Security Act of 1985) is amended to read as follows: "(C)(i) Except as provided in clause (ii), the Secretary shall permit, at the request of the State committee established under section 8(b) of the Soil Conservation and Domestic Allotment Act (16 U.S.C. 590hOb)) for a State and subject to such terms and conditions as the Secretary may prescribe, all or any part of such acreage diverted from production by participating producers in such State to be devoted to— "(I) hay and grazing during not less than 5 of the principal growing months (as established for a State by the State committee), in the case of the 1986 crop of wheat; and "(II) grazing, in the case of each of the 1987 through 1990 crops of wheat. "(ii) In the case of each of the 1987 through 1990 crops of wheat, grazing shall not be permitted for any crop of wheat under clause (i)(II) during any 5-consecutive-month period that is established for such crop for a State by the State committee established under section 8(b) of such Act.". (b) FEED GRAINS.—Subparagraph (C) of section 105C(f)(4) of the Agricultural Act of 1949 (as added by section 401 of the Food Security Act of 1985) is amended to read as follows: "(C)(i) Except as provided in clause (ii), the Secretary shall permit, at the request of the State committee established under section 8(b) of the Soil Conservation and Domestic Allotment Act (16 U.S.C. 590hOt))) for a State and subject to such terms and conditions as the Secretary may prescribe, all or any part of such acreage diverted from production by participating producers in such State to be devoted to—

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 'It serves me right! . . . Decidedly it serves me right! I was determined to be a vagabond and a good-for-nothing. . . . I would listen to bad companions, and that is why I always meet with misfortunes. If I had been a good little boy as so many are; if I had been willing to learn and to work; if I had remained at home with my poor papa, I should not now be in the midst of the fields and obliged to be the watch-dog to a peasant's house. Oh, if I could be born again! But now it is too late, and I must have patience!'

Relieved by this little outburst, which came straight from his heart, he went into the dog-kennel and fell asleep.


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 PUBLIC LAW 99-260—MAR. 20, 1986

100 STAT. 51

"(I) hay and grazing during not less than 5 of the principal growing months (as established for a State by the State committee), in the case of the 1986 crop of feed grains; and "(II) grazing, in the case of each of the 1987 through 1990 crops of feed grains, "(ii) In the case of each of the 1987 through 1990 crops of feed grains, grazing shall not be permitted for any crop of feed grains under clause (i)(II) during any 5-consecutive-month period that is established for such crop for a State by the State committee established under section 8(b) of such Act.". SEC. 8. PROTECTION OF BASE ON NONPROGRAM CROP ACREAGE.

Section 504(b)(2) of the Agricultural Act of 1949 (as added by section 1031 of the Food Security Act of 1985) is amended— 99 Stat. 1461. 7 USC 1464. (1) by redesignating clause (D) as clause (E); and (2) by striking out clause (C) and inserting in lieu thereof the following new clauses: "(C) acreage in an amount equal to the difference between the Conservation. permitted acreage for a program crop and the acreage planted to the crop, if the acreage considered to be planted is devoted to conservation uses or the production of commodities permitted under section 107D(c)(l)(K), 105C(c)(l)(I), 103A(c)(l)(G), or 99 Stat. 1383, 1395, 1407, 1419. 101A(c)(l)(G), as the case may be; "(D) in the case of each of the 1986 through 1989 crop years, 7 USC 1445b-3, 1444e, 1444-1, acreage in an amount equal to not to exceed 50 percent of the 1441-1. permitted acreage for a program crop for each of the 1986 and 1987 crop years, 35 percent of the permitted acreage for the 1988 crop year, and 20 percent of the permitted acreage for the 1989 crop year, if— "(i) the acreage considered to be planted is planted to a crop, other than a program crop, peanuts, soybeans, extra long staple cotton, or commodities specified in clause (C); "(ii) the producers on the farm plant for harvest to the program crop at least 50 percent of the permitted acreage for such crop; and "(iii) payments are not received by producers under 107D(c)(l)(C), 105C(c)(l)(B), 103A(c)(l)(B), or 101A(c)(l)(B), as the case may be; and". SEC. 9. MARKETWIDE SERVICE PAYMENTS.

(a) HEARING.—Not later than 90 days after receipt of a proposal to amend a milk marketing order in accordance with section 8c(5)(J) of the Agricultural Adjustment Act, reenacted with amendments by 7 USC 608c note. the Agricultural Marketing Agreement Act of 1937 (7 U.S.C. 608c(5)(J)) (as added by section 133 of the Food Security Act of 1985), 99 Stat. 1373. the Secretary of Agriculture shall conduct a hearing on the proposal. (b) IMPLEMENTATION.—Not later than 120 days after a hearing is conducted under subsection (a), the Secretary shall implement, in accordance with the Agricultural Adjustment Act, a marketwide 7 USC 601 note. service payment program under section 8c(5)(J) of such Act that meets the requirements of such Act.

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 100 STAT. 52

PUBLIC LAW 99-260—MAR. 20, 1986 SEC. 10. INCREASED MILK ASSESSMENTS TO MEET DEFICIT REDUCTION REQUIREMENTS.

99 Stat. 1362. 7 USC 1446.

99 Stat. 1072. 2 USC 902.

Effective March 1, 1986, section 201(d)(2) of the Agricultural Act of 1949 (as amended by section 101(a) of the Food Security Act of 1985 (Public Law 99-198)) is amended— (1) in subparagraph (B), by striking out "The" and inserting in lieu thereof "Except as provided in subparagraph (E), the"; and (2) by adding at the end thereof the following new subparagraph: "(E)(i) In lieu of any reductions in payments made by the Secretary for the purchase of milk and the products of milk under this subsection during the period beginning March 1, 1986, and ending September 30, 1986, required under the order issued by the President on February 1, 1986, under section 252 of the Balanced Budget and Emergency Deficit Control Act of 1985 (Public Law 99-177), the Secretary shall increase the amount of the reduction required under subparagraph (A) during the period beginning April 1, 1986, and ending September 30, 1986, as the sole means of meeting any reductions required under the order in payments made by the Secretary for the purchase of milk and the products of milk under this subsection. "(ii) The aggregate amount of any increased reduction under clause (i) shall be equal, to the extent practicable, to the aggregate amount of the reduction that would otherwise be required under the order referred to in clause (i) in payments made by the Secretary for the purchase of milk and the products of milk under this subsection during the period beginning March 1, 1986, and ending September 30, 1986, except that the amount of any increased reduction under clause (i) may not exceed 12 cents per hundredweight of milk marketed.". SEC. 11. RESEARCH ON EXTERNAL COMBUSTION ENGINES.

Exports. 15 USC 714b.

Section 4(m) of the Commodity Credit Corporation Charter Act is amended by adding at the end thereof a new sentence as follows: "Notwithstanding any other provision of this Act, the Corporation may, in the exercise of its power to remove and dispose of surplus agricultural commodities, export, or cause to be exported, not to exceed such amounts of commodities owned by the Corporation as will enable the Corporation to finance research and development of external combustion engines using fuel other than that derived from petroleum and petroleum products. The total value of commodities exported annually for the purposes of the research authorized by the preceding sentence may not exceed $30,000,000.". SEC. 12. QUALITY CONTROL STUDIES UNDER THE FOOD STAMP PROGRAM.

99 Stat. 1587. 7 USC 2025 note.

Section 1538 of the Food Security Act of 1985 is amended— (j) jn subsection (a)(3), by striking out "of enactment of this Act" and inserting in lieu thereof "the Secretary and the National Academy of Sciences enter into the contract required under paragraph (2)"; (2) in subsection (c)(1), by striking out "18 months after the date of enactment of this Act" and inserting in lieu thereof "6 months after the date on which the results of both studies required under subsection (a)(3) have been reported"; and (3) in subsection (c)(2), by striking out "2 years after the date of enactment of this Act" and inserting in lieu thereof "6

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 PUBLIC LAW 99-260—MAR. 20, 1986

100 STAT. 53

months after the date on which the results of both studies required under subsection (a)(3) have been reported,". SEC. 13. ADVANCE RECOURSE LOANS.

(a) It is the sense of Congress that the Secretary of Agriculture carry out a program authorized by section 424 of the Agricultural Act of 1949. Such program, if implemented, shall provide for the following: (1) Advance recourse loans shall be made available only to those producers of a commodity who are unable to obtain sufficient credit elsewhere to finance the production of the 1986 crop of that commodity, taking into consideration prevailing private and cooperative rates and terms for loans for similar purposes (as determined by the Secretary) in the community in or near which the applicant resides. A producer who has received a commitment or been furnished sufficient credit or a loan for production of the 1986 crop of a commodity shall not be eligible for an advance recourse loan to finance the production of that commodity for such crop year. (2) Advance recourse loans shall be made available to producers of a commodity at the applicable nonrecourse loan rate for the commodity (as determined by the Secretary). Within the limits set out in paragraphs (5) and (7), advance recourse loans shall be available— (A) to producers of wheat, feed grains, cotton, and rice who agree to participate in the program announced for the commodity on an amount of the commodity equal to onehalf of the farm program yield for the commodity multiplied by the farm program acreage intended to be planted to the commodity for harvest in 1986, as determined by the Secretary; (B) to producers of tobacco and peanuts who are on a farm for which a marketing quota or poundage quota has been established on an amount of the commodity equal to onehalf of the farm marketing quota or poundage quota for the commodity, as determined by the Secretary; and (C) to producers of other commodities on an amount of the commodity equal to one-half of the farm yield for the commodity multiplied by the farm acreage intended to be planted to the commodity for harvest in 1986, as determined by the Secretary. (3) An advance recourse loan under section 424 shall come due at such time immediately following harvest as the Secretary determines appropriate. Each loan contract entered into under section 424 shall specify the date on which the loan is to come due. (4)(A) The Secretary shall establish procedures, when practicalale, under which a producer, simultaneously with repayment of his recourse loan, may obtain a nonrecourse loan on his crop (as otherwise provided for in the Agricultural Act of 1949) in an amount sufficient to repay his recourse loan. (B) In cases in which nonrecourse loans under such Act are not normally made available directly to producers, the Secretary shall establish procedures under which a producer may repay a recourse loan at the same time the producer receives advances or other payment from the producer's disposition of his crop.

7 USC 1433c-l.

99 Stat. 1447. 7 USC 1433c.

Contracts.

7 USC 1421 note.

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 100 STAT. 54

Insurance. Insurance.

99 Stat. 1447. 7 USC 1433c.

Ante, p. 36.

Regulations.

PUBLIC LAW 99-260—MAR. 20, 1986 (5) Advance recourse loans shall be made available as needed solely to cover costs involved in the production of the 1986 crop that are incurred or are outstanding on or after the date of enactment of this section. (6) To obtain an advance recourse loan, the producer on a farm must— (A) provide as security for the loan a first lien on the crop covered by the loan or provide such other security as may be available to the producer and determined by the Secretary to be adequate to protect the Government's interests; and (B) obtain multiperil crop insurance, if available, to protect the crop that serves as security for the loan. If a producer does not have multiperil crop insurance and is located in a county in which the signup period for multiperil crop insurance has expired, the producer shall be required to obtain other crop insurance, if available. (7) The total amount in advance recourse loans that may be made to a producer under section 424 may not exceed $50,000. (8) An advance recourse loan may be made available only to a producer who agrees to comply with such other terms and conditions determined appropriate by the Secretary and consistent with the provisions of section 424. 03) The Secretary shall carry out the program provided for under section 424 through the Commodity Credit Corporation, using the services of the Agricultural Stabilization and Conservation Service and the county committees established under section 80b) of the Soil Conservation and Domestic Allotment Act (16 U.S.C. 590h0))) to make determinations of eligibility with respect to the credit test under subsection (a)(1), and determinations as to the sufficiency of security under subsection (a)(6). The Secretary may use such committees for such other purposes as the Secretary determines appropriate in carrying out section 424. (c) It is further the sense of Congress that the Secretary of Agriculture issue or, as appropriate, amend regulations to implement any program established under section 424 as soon as practicable, but not later than 15 days after the date of enactment of this Act. Loans and other assistance provided under such program shall be made available beginning on the date such regulations are issued or amended. SEC.

14. TRANSFER OF AGRICULTURAL WAREHOUSES.

PRODUCTS

STORED

IN

Section 17 of the United States Warehouse Act (7 U.S.C. 259) is amended— (1) by striking out "That" and inserting in lieu thereof "(a) Except as provided in subsection (b),"; and (2) by adding at the end thereof the following new subsection: "(h)(1) Notwithstanding any other provision of this Act, if a warehouseman because of a temporary shortage lacks sufficient space to store the agricultural products of all depositors in a licensed warehouse, the warehouseman may, in accordance with regulations issued by the Secretary of Agriculture and subject to such terms and conditions as the Secretary may prescribe, transfer stored agricultural products for which receipts have been issued out of such warehouse to another licensed warehouse for continued storage.

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 PUBLIC LAW 99-260—MAR. 20, 1986

100 STAT. 55

"(2) The warehouseman of a licensed warehouse from which agricultural products have been transferred under paragraph (1) shall deliver to the rightful owner of such products, on request, at the licensed warehouse where first deposited, such products in the amount, and of the kind, quality, and grade, called for by the receipts or other evidence of storage of such owner.". SEC. 15. PLAN FOR THE USE OF AFRICA FAMINE RELIEF. Title II of the Act of April 4, 1985, entitled "An Act Making urgent supplemental appropriations for the fiscal year ending September 30, 1985, for emergency famine relief and recovery in Africa, and for other purposes", Public Law 99-10, is amended by 99 Stat. 28. striking out "the Administrator" and all that follows through "Africa." and inserting in lieu thereof the following: "the President certifies that the use of such funds is essential to famine relief in Africa. The Administrator of the Agency for International Development shall prepare and submit to Congress before April 15, 1986, a plan specifying how such additional funds for African famine relief would be used. The plan shall ensure, among other things, that the funds for the reserve, if utilized, shall be available to cover all costs for inland transportation of food only as are necessary for its timely delivery.". SEC. 16. ESTIMATION OF COMMODITY CREDIT CORPORATION UNCOMMITTED STOCK.

Section 416(b)(10)(B) of the Agricultural Act of 1949 is amended— 99 Stat. 1467. (1) by inserting before the period at the end of the second ^ use I43i. sentence the following: "or, in the case of fiscal year 1986, prior to March 31, 1986"; and (2) by inserting before the period at the end of the third sentence the following: "or, in the case of fiscal year 1986, March 31, 1986". Approved March 20, 1986.

LEGISLATIVE HISTORY—H.R. 1614 (S. 822) (S. 2143): HOUSE REPORTS: No. 99-146 (Comm. on Agriculture). CONGRESSIONAL RECORD: Vol. 131 (1985): June 4, considered and passed House. Vol. 132 (1986): Mar. 5, S. 2143 considered and passed Senate. Mar. 6, H.R. 1614 considered and passed Senate, amended, in lieu of S. 2143. House concurred in Senate amendments. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 22 (1986): Mar. 20, Presidential statement.

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 100 STAT. 56

PUBLIC LAW 99-261—MAR. 21, 1986 Public Law 99-261 99th Congress Joint Resolution

Mar. 21, 1986 [S.J. Res. 205]

To designate March 21, 1986, as "National Energy Education Day".

Whereas a reUable and economical supply of energy is essential to the future well-being of the United States; Whereas the development and implementation of an enlightened energy policy requires that the public be adequately informed of the issues and alternatives; Whereas ongoing quality energy education programs in America's schools and communities will continue to play an important role in educating the public regarding energy issues; Whereas the annual celebration of "National Energy Education Day" (NEED) brings together students, teachers, school officials, and community leaders to focus attention on the need for energy education in our Nation's schools and communities; and Whereas such a celebration should be conducted in a manner which encourages a deeper understanding of the role education will play in shaping America's energy future: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled. That, in order to promote and enhance energy education programs at all grade levels of public and private schools throughout the United States, March 21, 1986, is designated "National Energy Education Day". The President is requested to issue a proclamation calling upon the people of the United States, and all educational institutions, to observe such a day with appropriate ceremonies and activities, and encourage appropriate Federal agencies to participate in the observance of such a day and to cooperate with persons and institutions conducting such ceremonies and activities. Approved March 21, 1986.

LEGISLATIVE HISTORY—S.J. Res. 205: CONGRESSIONAL RECORD, Vol. 132 (1986): Mar. 11, considered and passed Senate. Mar. 13, considered and passed House.

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 PUBLIC LAW 99-262—MAR. 21, 1986

100 STAT. 57

Public Law 99-262 99th Congress Joint Resolution To authorize and request the President to issue a proclamation designating March 21, 1986, as "Afghanistan Day", a day to commemorate the struggle of the people of Afghanistan against the occupation of their country by Soviet forces.

Whereas Afghanistan, more than six years after the Soviet invasion, remains a nation occupied and terrorized by over one hundred eighteen thousand Soviet troops; Whereas the continued Soviet occupation of Afghanistan is causing enormous suffering among the people of Afghanistan, as well as the deprivation of their basic right of national sovereignty; Whereas between one-quarter and one-third of Afghanistan's prewar population has been driven into exile, killed, wounded, or internally displaced; Whereas the Soviet invasion of Afghanistan undermines the spirit and intention of the Declaration of Principles of the Final Act of the Conference on Security and Cooperation in Europe, which the Union of Soviet Socialist Republics signed at Helsinki in 1975; Whereas the puppet regime of Babrak Karmal, installed and maintained by the Union of Soviet Socialist Republics, has denied the people of Afghanistan their rights to self-determination, in violation of the United Charter; Whereas the United Nations General Assembly has passed seven resolutions calling for "the immediate withdrawal of the foreign troops from Afghanistan"; Whereas on December 13, 1985, the United Nations General Assembly passed an unprecedented resolution on human rights in Afghanistan endorsing the United Nations Special Rapporteur's report demonstrating "gross, massive, and increasing human rights violations in Afghanistan"; Whereas the undaunted resistance of the Afghan freedom fighters against the Soviet occupational forces is an inspiration to the free world; and Whereas the people of Afghanistan observe March 21 as the start of each new year and as a symbol of the nation's rebirth: Now, therefore, be it

jyj

21 iggg ' I^'^-" • "®^- ^' ^J

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 100 STAT. 58

PUBLIC LAW 99-262—MAR. 21, 1986 Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the President is authorized and requested to issue a proclamation designating March 21, 1986, as "Afghanistan Day", and calling upon the people of the United States to observe such day with appropriate ceremonies and activities. Approved March 21, 1986.

LEGISLATIVE HISTORY—S.J. Res. 272: CONGRESSIONAL RECORD, Vol. 132 (1986): Mar. 19, considered and passed Senate. Mar. 20, considered and passed House.

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 PUBLIC LAW 99-263—Mar. 24, 1986

100 STAT. 59

Public Law 99-263 99th Congress Joint Resolution Making an urgent supplemental appropriation for the Department of Agriculture for the fiscal year ending September 30, 1986, and for other purposes.

Mar. 24, 1986 [H.J. Res. 534]

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled. That the following sum is appropriated, out of any money in the Treasury not otherwise appropriated, for the Department of Agriculture for the fiscal year ending September 30, 1986, and for other purposes; namely: DEPARTMENT OF AGRICULTURE COMMODITY CREDIT CORPORATION

For the operations of the Commodity Credit Corporation, not to exceed $5,000,000,000 for capital restoration, to enable the Corporation to use the authority authorized by the Charter of the Corporation and other laws to carry out programs handled by the Corporation: Provided, That Corporation programs shall retain the goal of sufficient production to meet domestic needs, maintain the supply line, and provide for our share of exports at competitive prices: Provided further. That after fiscal year 1987, funds available to the Corporation may be used to carry out section 1241(a)(1) of the Food Security Act of 1985, only to such extent or in such amounts as provided in advance in appropriations Acts. The signup agreement should not reduce total production below levels needed to meet domestic needs, maintain the supply line, and provide for an adequate supply for export by either the Commodity Credit Corporation or private corporations or individuals at competitive prices; since by law the proceeds from sales become available for use by the Commodity Credit Corporation, such sales should reduce future appropriations: Provided further. That the conservation reserve program shall not replace or reduce any existing conservation program.

16 USC 3841 ^°^16 USC 3841.

16 USC 3831 ^°^-

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 100 STAT. 60

PUBLIC LAW 99-263—Mar. 24, 1986 It is agreed that at least $1,700,000,000 is available for the insured operating loan program of the Farmers Home Administration. Therefore, the Secretary shall proceed immediately to make loans to farmers and farm owners. If these funds should prove to be insufficient, other funds should be made available to meet emergency credit needs of American farmers and ranchers. Approved March 24, 1986.

LEGISLATIVE HISTORY—H.J. Res. 534: HOUSE REPORTS: No. 99-493 and No. 99-499 (both from Coram, of Conference). CONGRESSIONAL RECORD, Vol. 132 (1986): Feb. 26, considered and passed House. Mar. 5, considered and passed Senate, amended. Mar. 13, House concurred in Senate amendment with amendment. Senate agreed to conference report. Mar. 18, Senate concurred in House amendment with amendment. House disagreed to Senate amendment. Senate insisted on its amendment. Mar. 19, Senate agreed to conference report. Mar. 20, House agreed to conference report.

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 PUBLIC LAW 99-264—MAR. 24, 1986 Public Law 99-264 99th Congress

100 STAT. 61

An Act

To settle unresolved claims relating to certain allotted Indian lands on the White Earth Indian Reservation, to remove clouds from the titles to certain lands, 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 "White Earth Reservation Land Settlement Act of 1985". SEC. 2. The Congress finds that— (1) claims on behalf of Indian allottees or heirs and the White Earth Band involving substantial amounts of land within the White Earth Indian Reservation in Minnesota are the subject of existing and potential lawsuits involving many and diverse interests in Minnesota, and are creating great hardship and uncertainty for government, Indian communities, and nonIndian communities; (2) the lawsuits and uncertainty will result in great expense and expenditure of time, and could have a profound negative impact on the social and well-being of everyone on the reservation; (3) the White Earth Band of Chippewa Indians, State of Minnesota, along with its political subdivisions, and other interested parties have made diligent efforts to fashion a settlement to these claims, and the Federal Government, by providing the Eissistance specified in this Act, will make possible the implementation of a permanent settlement with regard to these claims; (4) past United States laws and policies have contributed to the uncertainty surrounding the claims; (5) it is in the long-term interest of the United States, State of Minnesota, White Earth Band, Indians, and non-Indians for the United States to assist in the implementation of a fair and equitable settlement of these claims; and (6) this Act will settle unresolved legal uncertainties relating to these claims. SEC. 3. For purposes of this Act: (a) "Allotment" shall mean an allocation of land on the White Earth Reservation, Minnesota, granted, pursuant to the Act of January 14, 1889 (25 Stat. 642), and the Act of February 8, 1887 (24 Stat. 388), to a Chippewa Indian. (b) "Allottee" shall mean the recipient of an allotment. (c) "Full blood" shall mean a Chippewa Indian of the White Earth Reservation, Minnesota, who WEIS designated as a full blood Indian on the roll approved by the United States District Court for the District of Minnesota on October 1, 1920, or who was so designated by a decree of a Federal court of competent jurisdiction; it shall also refer to an individual who is not designated on said roll but who is the biological child of two full blood parents so designated on the roll

Mar. 24, 1986 [S. 1396]

White Earth Reservation Land Settlement Act of 1985. Minnesota. 25 USC 331 note. 25 USC 331 note.

25 USC 331 note.

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 100 STAT. 62

25 USC 461 et ««9-

PUBLIC LAW 99-264—MAR. 24, 1986 or of one full blood parent so designated on the roll and one parent who was an Indian enrolled in any other federally recognized Indian tribe, band, or community. (d) "Inherited" shall mean received as a result of testate or intestate succession or any combination of testate or intestate succession, which succession shall be determined by the Secretary of the Interior or his authorized representative. (e) "Mixed blood" shall mean a Chippewa Indian of the White Earth Reservation, Minnesota, who was designated as a mixed blood Indian on the roll approved by the United States District Court of Minnesota on October 1, 1920, unless designated a full blood by decree of a Federal court of competent jurisdiction; it shall also refer to any descendants of an individual who was listed on said roll providing the descendant was not a full blood under the definition in subsection (c) of this section. The term "mixed blood" shall not include an Indian enrolled in any federally recognized Indian tribe, band, or community other than the White Earth Band. (f) "Tax forfeited" shall mean an allotment which, pursuant to State law, was declared forfeited for nonpayment of real property taxes and purportedly transferred directly to the State of Minnesota or to private parties or governmental entities. (g) "Majority" shall mean the age of twenty-one years or older, (h) "Secretary" shall mean the Secretary of the Interior or his/or her authorized representative. (i) "Trust period" shall mean the period during which the United States held an allotment in trust for the allottee or the allottee's heirs. For the purpose of this Act, the Executive Order Numbered 4642 of May 5, 1927, Executive Order Numbered 5768 of December 10, 1931, and Executive Order Numbered 5953 of November 23, 1932, shall be deemed to have extended trust periods on all allotments or interests therein the trust periods for which would otherwise have expired in 1927, 1932, or 1933, notwithstanding the issuance of any fee patents for which there were no applications, and if such allotments were not specifically exempted from the Executive Orders; and the Indian Reorganization Act of June 18, 1934, shall be deemed to have extended indefinitely trust periods on all allotments or interests therein the trust periods for which would otherwise have expired on June 18, 1934, or at any time thereafter. Said Executive orders and Act shall be deemed not to have extended the trust period for allotments or interests which were sold or mortgaged by adult mixed bloods, by non-Indians, or with the approval of the Secretary, or for allotments or interests which were sold or mortgaged by anyone where such sale or mortgage was the subject of litigation in Federal court which proceeded to a judgment on the merits and where the outcome of such litigation did not vacate or void said sale or mortgage. (j) "Interest", except where such item is used in conjunction with "compound", shall mean a fractional holding, less than the whole, held in an allotment. (k) "Adult" shall mean having attained the age of majority. (1) "Heir" shall mean one who received or was entitled to receive an allotment or interest as a result of testate or intestate succession under applicable Federal or Minnesota law. (m) "Transfer" includes but is not limited to any voluntary or involuntary sale, mortgage, tax forfeiture or conveyance pursuant to State law; any transaction the purpose of which was to effect a sale, mortgage, tax forfeiture or conveyance pursuant to State law; any

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8 the present moment, when the desire for the education of their children is so general and so urgent among the Indians. would be particularly unwise.

In my report of last year I spoke of the promising results of Indian education at the normal school at Hampton, Va., under the direction of General Armstrong. The number of Indian children at that establishment is being considerably increased. The institution has been visited by many persons interested in that important work, and the gratifying results gained have been evident to all.

Last year I spoke also of the Indian school at Carlisle, then just established by this department, under the superintendency of Captain Pratt, as an experiment. It may now be said that it is a mere experiment no longer. The progress made by the Indian pupils there as well as at Hampton in the acquisition of elementary knowledge as well as in agricultural and mechanical work has been sufficient to demonstrate the capacity of the Indian for civilized pursuits. The pupils are instructed not only in the English language, in reading, writing, lower mathematics, geography, &c., but the girls are educated in household work, and a considerable number of the boys are employed as apprentices in blacksmithing, carpentering, shoemaking, harness making, wagon building, tin smithing, tailoring, in a printing office, and in farm work. The progress made by some of them has been remarkably rapid, and in almost all cases satisfactory. The number of pupils at Carlisle has been increased to 196. Some of the products of their labor were exhibited at the county fair, and attracted general and favorable attention. The school is now able to produce some articles to be used at the different Indian agencies, such as shoes, tin ware, harness, and wagons, and when the pupils return to their tribes they can be profitably employed, not only as practical mechanics but also as instructors of their people.

A similar school has been established at Forest Grove in Oregon, under the superintendency of Lieutenant Wilkinson, for the education of Indian boys and girls on the Pacific Coast. It has been in operation since February last, and is conducted upon the same principles and with equal success as the schools at Hampton and Carlisle. It has now 40 pupils, representing six different tribes, but the buildings erected are large enough to accommodate 150. There are many applications for admission which will be gratified as funds can be made available for that purpose. Instructions have been given to increase the number of pupils to one hundred. In addition to this, during last year 36 children have been selected from the tribe of Eastern Cherokees and placed in boarding schools in North Carolina, 12 girls at Asheville and 12 boys each at Weaverville and Trinity College, where, aside from elementary instruction, they are to receive training in industrial pursuits. The Indian pupils at Hampton represent thirteen different agencies. At Carlisle there are boys and girls


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 PUBLIC LAW 99-264—MAR. 24, 1986

100 STAT. 63

Act, event, or circumstance that resulted in a change of title to, possession of, dominion over, or control of an allotment or interest therein. SEC. 4. (a) The provisions of this Act shall apply to the following Taxes. allotments: S^^« ^^^ ^^^^ (1) allotments which were never sold or mortgaged by the fs^usc^m^note. allottees or by their heirs and which were tax forfeited during the trust period; (2) allotments which were sold or mortgaged during the trust period, without the approval of the Secretary, by the allottees prior to having attained majority, and were never again sold or mortgaged either by the allottees upon their having attained majority or by heirs of the allottees; (3) allotments which were sold or mortgaged during the trust period by full blood allottees without the approval of the Secretary, and were never again the subject of a sale or mortgage by heirs of the allottees; and (4) allotments which were never sold or mortgaged by the allottees, but which subsequent to the deaths of the allottees, purportedly were sold or mortgaged, during the trust period, by administrators, executors, or representatives, operating under authority from State courts, and were never again the subject of a sale or mortgage by heirs of the allottees. (b) The provisions of this Act shall also apply to the following allotments or interests in allotments: (1) allotments or interests which were inherited by full or mixed bloods who never sold or mortgaged their allotments or interests or by Indians enrolled in other federally recognized Indian tribes, bands, or communities who never sold or mortgaged their allotments or interests, where the allotments or interests were tax forfeited during the trust period; (2) allotments or interests which were inherited by mixed bloods under the age of majority and which were sold or mortgaged during the trust period without the approval of the Secretary prior to such mixed bloods having attained majority, but which were never again sold or mortgaged by them upon having attained majority or by their heirs; (3) allotments or interests which were inherited by full bloods or by Indians enrolled in other federally recognized Indian tribes, bands, or communities, who sold or mortgaged such allotments or interests during the trust period without the approval of the Secretary; (4) allotments or interests which were inherited by full or mixed bloods who never sold or mortgaged their allotments or interests, but which, subsequent to the deaths of such heirs, were sold or mortgaged during the trust period by administrators, operating under authority from State courts; (5) allotments or interests which were owned by allottees or which were inherited by full or mixed bloods for whom guardians were appointed by State courts, which guardians sold or mortgaged the allotments or interests during the trust period without the approval of the Secretary; (6) interests which were inherited by full or mixed bloods who never sold or mortgaged their interests during the trust period, even though other interests in the same allotment were sold by other heirs where the land comprising the allotment has been

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Page:United States Statutes at Large Volume 100 Part 1.djvu/100

 100 STAT. 64

25 USC 331 note.

Federal Register, publication. 25 USC 331 note.

PUBLIC LAW 99-264—MAR. 24, 1986 claimed in full by other parties adversely to the full or mixed bloods who never sold or mortgaged their interests; and (7) allotments or interests which were inherited by full or mixed bloods or by Indians enrolled in other federally recognized Indian tribes, bands, or communities which were never sold or mortgaged during the trust period but which were purportedly distributed by State court probate proceedings to other individuals, (c) This Act shall not apply to— (1) any allotment or interest the sale or mortgage of which was the subject of litigation which proceeded to a judgment on the merits in Federal courts and where the outcome of such litigation was other than vacating and voiding such sale or mortgage; (2) any allotment or interest which was tax forfeited subsequent to the date on which the tax exemption was declared by a Federal court to have expired; (3) any allotment or interest which was sold, mortgaged, or tax forfeited after the expiration of the trust period; or (4) any allotment or interest which was sold or mortgaged at any time by an adult mixed blood Indian. Nothing in this Act is intended to question the validity of the transactions relating to allotments or interests as described in section 4(c), and such allotments and interests are declared to be outside the scope of this Act. SEC. 5. (a) Any determination of the heirs of any person holding an allotment or interest, made by the courts of the State of Minnesota, which is filed with the proper county recording officer prior to May 9, 1979, shall be deemed to have effectively transferred the title of the decedent in the allotment or interest to the heirs so determined unless a separate determination of heirs has been made by the Secretary before the effective date of this Act and such determination has been filed with the proper county recording officer within six months after the effective date of this Act. Nothing in this subsection shall be construed to remove any allotment described in section 4 from the compensation provided for in the Act. (b) The proper county recording officer is the county recorder of the county in which the allotment or interest is located if the title has not been registered pursuant to Minnesota law. If the title has been so registered, the proper county recording officer shall be the registrar of titles in the county in which the allotment or interest is located. (c) As to any allotment which was granted to an allottee who had died prior to the selection date of the allotment, the granting of such allotment is hereby ratified and confirmed, and shall be of the same effect as if the allotment had been selected by the allottee before the allottee's death: Provided, That the White Earth Band of Chippewa Indians shall be compensated for such allotments in the manner provided in sections 6, 7, and 8. (d) As to any allotment that was made under the provisions of the Treaty of March 19, 1867 (16 Stat. 719), and which was reallotted under the provisions of the Act of January 14, 1889 (25 Stat. 642), such reallotment is hereby ratified and confirmed. SEC. 6. (a) As soon as the conditions set forth in section 10 of this Act have been met, the Secretary shall publish a certification in the Federal Register that such conditions have been met. After such publication, any allotment or interest which the Secretary, in

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 PUBLIC LAW 99-264—MAR. 24, 1986

100 STAT. 65

accordance with this Act, determines falls within the provisions of section 4(a), 4(b), or 5(c), the tax forfeiture, sale, mortgage, or other transfer, as described therein, shall be deemed to have been made in accordance with the Constitution and all laws of the United States specifically applicable to transfers of allotments or interests held by the United States in trust for Indians, and Congress hereby does approve and ratify any such transfer effective as of the date of said transfer, subject to the provisions of section 6(c). Compensation for loss of allotments or interests resulting from this approval and ratification shall be determined and processed according to the provisions of section 8. (b) By virtue of the approval and ratification of transfers of allotments or interests therein effected by this section, all claims against the United States, the State of Minnesota or any subdivisions thereof, or any other person or entity, by the White Earth Band, its members, or by any other Indian tribe or Indian, or any successors in interest thereof, arising out of, and at the time of or subsequent to, the transfers described in section 4(a), 4(b), or 5(c) and based on any interest in or nontreaty rights involving such allotments or interests therein, shall be deemed never to have existed as of the date of the transfer, subject to the provisions of this Act. (c) Notwithstanding any provision of law other than the provisions Courts, U.S. of this section, any action in any court to recover title or damages relating to transactions described in section 4(a), 4(b), 5(a) or 5(c), shall be forever barred unless the complaint is filed not later than one hundred and eighty days following enactment of this Act, or prior to the publication required by section 6(a) whichever occurs later in time: Provided, That immediately upon the date of enactment of this Act any such action on behalf of the White Earth Band of Chippewa Indians shall be forever barred, unless the publication required by section 6(a) does not take place within two years of the date of enactment of this Act in which case the bar of any such action on behalf of the White Earth Band of Chippewa Indians shall be deemed lifted and nullified: Provided further, That the Secretary Reports, shall not issue to the White Earth Band any report rejecting litigation nor submit to Congress any legislation report pursuant to section 2415 of title 28, United States Code, relating to transactions described in section 4(a), 4(b), 5(a) or 5(c) of this Act, until and unless the bar against actions on behalf of the White Earth Band is lifted and nullified. Any such action filed within the time period allowed by this subsection shall not be barred; however, the filing of any such action by an allottee, heir, or others entitled to compensation under this Act shall bar such allottee, heir, or others from receiving compensation pursuant to the provisions of section 8. The United States District Court for the District of Minnesota shall have exclusive jurisdiction over any such action otherwise properly filed within the time allowed by this subsection. (d) This section shall not bar an heir, allottee, or any other person Courts, U.S. entitled to compensation under this Act from maintaining an action, based on the transactions described in section 4(a), 4(b), 5(a), or 5(c), against the United States in the Claims Court pursuant to the Tucker Act, section 1491 of title 28, United States Code, challenging the constitutional adequacy of the compensation provisions of section 8(a) as they apply to a particular allotment or interest: Provided, That such action shall be filed with the Claims Court not later than one hundred and eighty days after the issuance of the notice of the Secretary's compensation determination as provided in

71-194 0 - 89 - 5: CL 3 Parti

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Page:United States Statutes at Large Volume 100 Part 1.djvu/102

 100 STAT. 66

Federal Register, publication. Public information. 25 USC 331 note.

Federal Register, publication.

Federal Register, publication. 5 USC prec. 551 note.

PUBLIC LAW 99-264—MAR. 24, 1986 section 8(c). If such an action is not filed within the one-hundredand-eighty-day period, it shall be forever barred. The United States hereby waives any sovereign immunity defense it may have to such an action but does not waive any other defenses it may have to such action. The filing of an action by any heir, allottee, or any other person under the provisions of this section shall bar such person forever from receiving compensation pursuant to the provisions of section 8. SEC. 7. (a) The Secretary is hereby authorized to and shall diligently investigate to the maximum extent practicable all White Earth allotments and shall determine which allotments or interest fall within any of the provisions of section 4(a), 4(b), or 5(c). As to all such allotments or interests determined to be within the provisions of section 4(a), 4(b), or 5(c), the Secretary shall prepare lists of such allotments or interests, which shall include allotment number, land description, and allottee's name, in English and Ojibway where available. A first list shall be published within one hundred and eighty days after the date of enactment of this Act in the Federal Register; in a newspaper of general circulation in Mahnomen County, Minnesota; in a newspaper of general circulation in Becker County, Minnesota; in a newspaper of general circulation in Clearwater County, Minnesota; in one newspaper of general circulation in metropolitan Minneapolis-Saint Paul; and, in the Secretary's discretion, in any appropriate band or tribal newspaper. Publication in the required newspapers shall take place no later than thirty days after publication in the Federal Register. (b) Any tribe, band, or group of Indians, or any individual shall have one year after the date of publication in the Federal Register to submit to the Secretary any additional allotments or interests which the tribe, band, group, or individual believes should fall within any of the provisions of section 4(a), 4(b), or 5(c). The Secretary, without such submissions, may also independently determine that additional allotments or interests fall within such provisions. Any additional allotments or interests submitted to the Secretary shall be accompanied by a statement identifying the allotment or interest and its land description and summarizing the reasons why it should be added to the list required by this section. (c) The Secretary shall determine which additional allotments or interests fall within the provisions of section 4(a), 4(b), or 5(c), and not later than five hundred and forty days of the date of publication of the Secretary's first list in the Federal Register, the Secretary shall publish a second list in the Federal Register and previously required newspapers of the allotments or interests the Secretary has determined should be added to the first published list. (d) Any determination made by the Secretary under this section to include an allotment or interest on the first list required by the section to be published in the Federal Register may be judicially reviewed pursuant to the Administrative Procedure Act not later than ninety days of the publication date of the first list of the Federal Register. Any such action not filed within such ninety-day period shall be forever barred. Any determination made by the Secretary to include an allotment or interest on the second list required by this section to be published in the Federal Register, or any determination made by the Secretary not to include an allotment or interest on such list, may be judicially reviewed pursuant to the Administrative Procedure Act within ninety days of the publication date of the second list in the Federal Register. Any such action

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Page:United States Statutes at Large Volume 100 Part 1.djvu/103

 PUBLIC LAW 99-264—MAR. 24, 1986 not filed within such ninety-day period shall be forever barred. Exclusive jurisdiction over actions under this subdivision is hereby vested in the United States District Court for the District of Minnesota. SEC. 8. (a) Compensation for a loss of an allotment or interest shall be the fair market value of the land interest therein as of the date of tax forfeiture, sale, allotment, mortgage, or other transfer described in section 4(a), 4(b), or 5(c), less any compensation actually received, plus interest compounded annually at 5 per centum from the date of said loss of an allotment or interest until the date of enactment of this Act, and at the general rate of interest earned by United States Department of the Interior funds thereafter. A determination of compensation actually received shall be supported by Federal, State, or local public documents filed contemporaneously with the transaction or by clear and convincing evidence. Compensation actually received shall not be subtracted from the fair market value in any instance where an allotment or interest was sold or mortgaged by a full or mixed blood, under the age of eighteen years, or in any instance where there is prima facie evidence that fraud occurred in a sale or mortgage. No compensation for loss of an allotment or interest relating to transfers described in section 4(b) shall be granted to any person or the heirs of such person where such allotment or interest was received pursuant to State court probate proceedings and where also it has been or is determined by the Secretary that such person or heirs were not entitled to inherit the allotment or interest. (b) For the purpose of this section, the date of transfer applicable to interests described in section 4(b)(6) shall be the last date on which any interest in the subject allotment was transferred by document of record by any other heir of the allottee; and the date of transfer applicable to allotments described in section 5(c) shall be the selection date. For purposes of this section, the Secretary shall establish the fair market value of various types of land for various years, which shall govern the compensation payable under this section unless a claimant demonstrates that a particular allotment or interest had a value materially different from the value established by the Secretary. (c) The Secretary shall provide written notice of the Secretary's compensation determination to the allottees or heirs entitled thereto. Such notice shall describe the basis for the Secretary's determination, the applicable time limits for judicial review of the determination, and the process whereby such compensation will be distributed. The Secretary shall proceed to make such heirship determinations as may be necessary to provide the notice required by this section: Provided, That the Secretary shall accept as conclusive evidence of heirship any determination of the courts of the State of Minnesota as provided in section 5(a) of this Act: Provided further, That the Secretary shall give written notice only to those allottees or heirs whose addresses can be ascertained by reasonable and diligent efforts; otherwise such notice shall be given by publication in the Federal Register. (d) The Secretary's administrative determination of the appropriate amount of compensation computed pursuant to the provisions of this Act may be judicially reviewed pursuant to the Administrative Procedure Act not later than one hundred and eighty days after the issuance of notice as aforesaid; after such time the Secretary's determination shall be conclusive and all judicial review shall be

100 STAT. 67

25 USC 331 note.

State and local governments.

Federal Register, publication.

Courts, U.S. 5 USC prec. 551 note.

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 100 STAT. 68

PUBLIC LAW 99-264—MAR. 24, 1986

barred. Exclusive jurisdiction over any such action is hereby vested in the United States District Court for the District of Minnesota. (e) Once a compensation determination has become conclusive according to the provisions of subsection (d), the Secretary shall certify such determination to the Secretary of the Treasury and such conclusive determination shall be treated as a final judgment, award or, compromise settlement under the provisions of title 31, United States Code, section 1304. The Secretary of the Treasury is authorized and directed to pay out of the funds in the Treasury into a separate interest bearing White Earth Settlement Fund account the amount certified by the Secretary of the Interior in each case. The Secretary of the Interior shall then make a diligent effort to locate each allottee or heir; however, if, after two years from the date on which a determination becomes conclusive an allottee or heir cannot be located, the Secretary of the Interior shall declare the amount owing to such allottee or heir forfeited. (f) Any and all amounts forfeited pursuant to subsection (e) together with the interest accumulated thereon, pursuant to section 8 shall be transferred annually to the fund established under section 12 for the White Earth Band. 25 USC 331 note. SEC. 9. The Secretary shall determine the heirs, if heretofore undetermined, or modify the inventory of an existing heirship determination of any full or mixed blood or Indian enrolled in any other federally recognized Indian tribe, band, or community, where appropriate for the purposes of this Act: Provided, That the Secretary shall accept any determination of heirship by the courts of the State of Minnesota as provided in section 5(a) of this Act. Federal SEC. 10. (a) The provisions of section 6 of this Act shall take effect Register, upon the publication in the Federal Register by the Secretary of ^'"'^L'i^^oo?' certification that the following conditions have been satisfied: 25 USC 331 note. ^^^ rjij^g ^^^^ ^f Minnesota, in accordance with Laws of Minnesota 1984, chapter 539, has entered into an agreement with the Secretary providing for the transfer of ten thousand acres of land within the exterior boundaries of the White Earth Reservation to the United States to hold in trust for the White Earth Band of Chippewa Indians as the State's contribution to the settlement provided for by this Act. The Secretary shall not enter into such an agreement until the Secretary determines, or the authorized governing body of the band certifies to the Secretary in writing, that the agreement will result in the transfer of ten thousand acres which possess reasonable value for the White Earth Band, including but not limited to value for agricultural, recreational, forestry, commercial, residential, industrial, or general land consolidation purposes. The land transferred pursuant to this subsection shall be accepted by the United States subject to all existing accesses, roads, easements, rights of way, or similar uses unless the Governor and Attorney General of the State of Minnesota certify in writing to the Secretary the State's intent to abandon such uses on a particular parcel. (2) The State, in accordance with the Laws of Minnesota 1984, chapter 539, has appropriated $500,000 for the purpose of providing the United States with technical and computer assistance for implementing the settlement provided for in this Act. (3) The United States has appropriated $6,600,000 for economic development for the benefit of the White Earth Band of Chippewa Indians.

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had been sleeping heavily for about two hours when, towards midnight, he was roused by a whispering of strange voices that seemed to come from the courtyard. Putting the point of his nose out of the kennel he saw four little beasts with dark fur, that looked like cats, standing consulting together. But they were not cats; they were polecats—carnivorous little animals, especially greedy for eggs and young chickens. One of the polecats, leaving his companions, came to the opening of the kennel and said in a low voice:

'Good evening, Melampo.'

'My name is not Melampo,' answered the puppet.

'Oh! then who are you?'

'I am Pinocchio.'

'And what are you doing here?'

'I am acting as watch-dog.'


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Page:United States Statutes at Large Volume 100 Part 1.djvu/105

 PUBLIC LAW 99-264—MAR. 24, 1986

100 STAT. 69

(b) Upon final acceptance by the Secretary, the land referred to in subsection (a)(1) shall be deemed to have been reserved as of the date of the establishment of the White Earth Reservation and to be part of the trust land of the White Earth Reservation for all purposes. SEC. 11. Nothing in this Act is intended to alter the jurisdiction 25 USC 331 note. currently possessed by the White Earth Band of Chippewa Indians, the State of Minnesota, or the United States over Indians or nonIndians within the exterior boundaries of the White Earth Reservation. SEC. 12. (a) There is established in the Treasury of the United 25 USC 331 note. States a fund to be known as the White Earth Economic Development and Tribal Government Fund. Money in this Fund shall be held in trust by the United States for the White Earth Band of Chippewa Indians, and shall be invested and managed by the Secretary in the same manner as tribal trust funds pursuant to the Act of June 24, 1938 (25 U.S.C. 162a). (b) The White Earth Economic Development and Tribal Government Fund shall consist of— (1) money received by the White Earth Band as compensation pursuant to section 8; and (2) money received by the White Earth Band as a result of amounts forfeited pursuant to section 8(f); and (3) money received as an appropriation pursuant to section 15; and (4) income accruing on such sums. Income accruing to the White Earth Economic Development and Tribal Government Fund shall, without further appropriation, be available for expenditure as provided in subsection (c). (c) Income from the fund may be used by the authorized governing body of the band for band administration. Principal and income may be used by the authorized governing body of the band for economic development, land acquisition, and investments: Provided, however, That under no circumstances shall any portion of the moneys described in subsection (b) be used for per capita payments to any members of the band: Provided further. That none of the funds described in subsection (b) shall be expended by the governing body of the band until— (1) such body has adopted a band financial ordinance and investment plan for the use of such funds; and (2) such body has submitted to the Secretary a waiver of liability on the part of the United States for any loss resulting from the use of such funds; and (3) the Secretary has approved the band financial ordinance and investment plan. The Secretary shall approve or reject in writing such ordinance and plan within sixty days of the date it is mailed or otherwise submitted to him: Provided, That such ordinance and plan shall be deemed approved if, sixty days after submission, the Secretary has not so approved or rejected it. The Secretary shall approve the ordinsmce and plan if it adequately contains the element specified in this subsection. SEC. 13. Notwithstanding any other law to the contrary, the 25 USC 331 note. United States grants its permission to the State of Minnesota to transfer land to the White Earth Band as described in section lO(a)(l) which prior to the date of enactment of this Act may have been obtained by the State pursuant to other Federal law or with Federal assistance. Any restrictions or conditions imposed by any

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Page:United States Statutes at Large Volume 100 Part 1.djvu/106

 100 STAT. 70

PUBLIC LAW 99-264—MAR. 24, 1986

other Federal law or regulation on the transfer of such land are hereby waived and removed. 25 USC 331 note. SEC. 14. Not later than five years, or as soon as possible, after the date of enactment of this Act, the Secretary shall make all determinations, provide all notices, and complete the administrative work necessary to accomplish the objectives of this Act. The Secretary shall give priority in making compensation determinations and payments under this Act to original allottees and elderly heirs. Reports. The Secretary shall submit a report by January 1 of each year to the chairman of the House of Representatives Committee on Interior and Insular Affairs and the chairman of the Senate Committee on Indian Affairs, which report shall summarize the administrative progress to date and shall estimate the amount and nature of work left to be done. 25 USC 331 note. SEC. 15. There are hereby authorized to be appropriated to the White Earth Band $6,600,000 as a grant to be expended as provided in section 12. 25 USC 331 note. SEC. 16. None of the moneys which are distributed under this Act shall be subject to Federal or State income taxes or be considered as income or resources in determining eligibility for or the amount of 42 USC 1305 et assistance under the Social Security Act or any other federally assisted program. 25 USC 331 note. SEC. 17. The Secretary is authorized, if so requested by the authorized governing body of the White Earth Band, to exchange any of the land which is transferred to the United States as described in section 10(a)(1) for any other land within the exterior boundaries of the White Earth Reservation which is owned by the United States, the State of Minnesota, or any of the State's political subdivisions. Nothing in this section shall be deemed to require an exchange not agreed to by all parties to the exchange. 25 USC 331 note. SEC. 18. Any lands acquired by the White Earth Band within the exterior boundaries of the White Earth Reservation with funds referred to in section 12, or by the Secretary pursuant to section 17, shall be held in trust by the United States. Such lands shall be deemed to have been reserved from the date of the establishment of said reservation and to be part of the trust land of the White Earth Band for all purposes. Approved March 24, 1986.
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LEGISLATIVE HISTORY—S. 1396: HOUSE REPORTS: No. 99-489 (Comm. on Interior and Insular Affairs). SENATE REPORTS: No. 99-192 (Select Comm. on Indian Affairs). CONGRESSIONAL RECORD: Vol. 131 (1985): Dec. 12, 13, considered and passed Senate. Vol. 132 (1986): Mar. 11, considered and passed House.

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 PUBLIC LAW 99-265—MAR. 25, 1986

100 STAT. 71

Public Law 99-265 99th Congress Joint Resolution To designate the year of 1987 as the "National Year of Thanksgiving".

Whereas the celebration of a Thanksgiving season has been a national tradition observed by the people of the United States from the days of the early settlers to the present time; Whereas many of the great leaders of the Nation, including Presidents George Washington and Abraham Lincoln, recognized the importance of setting aside a time of Thanksgiving, and Presidential proclamations have established the last Thursday of November as a day of Thanksgiving; Whereas in 1941, Thanksgiving was established as a permanent national holiday; Whereas in 1987, the United States will celebrate the bicentennial of the United States Constitution and the opening of the onehundredth Congress; Whereas the United States Constitution has adapted to changing times and remains a living document; Whereas it is appropriate to give thanks for the everyday freedom that the people of the United States so often take for granted; Whereas the people of the United States should take time to appreciate a land of plenty, a Nation of vast human and natural resources; and Whereas the people of the United States should better understand the history of the rich American heritage: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the year 1987 is designated as the "National Year of Thanksgiving", and the President is authorized and requested to issue a proclamation calling upon the governors of the several States, the chief officials of local governments, and the people of the United States to observe such year with appropriate ceremonies and activities. Approved March 25, 1986.

LEGISLATIVE HISTORY—S.J. Res. 254: CONGRESSIONAL RECORD, Vol. 132 (1986): Feb. 4, considered and passed Senate. Mar. 13, considered and passed House.

Mar. 25, 1986 [S.J. Res. 254]

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