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 92 STAT. 424

PUBLIC LAW 95-334—AUG. 4, 1978 TRANSFER OF ADMINISTRATIVE FUNDS

7 USC 1929a. 7 USC 1926, 1932.

SEC. 110. Section 309A(g)(8) of the Consolidated Farm and Eural Development Act is amended to read as follows: "(8) to pay the Secretary's costs of administration necessary to insure loans under the programs referred to in subsection (a) of this section, make grants under sections 306(a) and 310B of this title, service, and otherwise carry out such programs, including costs of the Secretary incidental to guaranteeing rural development loans under this title, either directly from the Insurance Fund or by transfers from the Fund to, and merger with, any appropriations for administative expenses.". PURCHASE BY THE SECRETARY OF GUARANTEED PORTIONS OF LOANS

7 USC 1929b.

SEC. 111. The Consolidated Farm and Rural Development Act is amended by adding immediately after section 309A a new section 309B as follows: "SEC. 309B. The Secretary may purchase, on such terms and conditions as the Secretary deems appropriate, the guaranteed portion of any loan guaranteed under this title: Provided, That the Secretary may not pay for any such guaranteed portion of a loan in excess of an amount equal to the unpaid principal balance and accrued interest on the guaranteed portion of the loan. The Secretary may use for such purchases funds from the Rural Development Insurance Fund with respect to rural development loans as defined in section 309A(a) of this title and funds from the Agricultural Credit Insurance Fund with respect to all other loans under this title. This authority may be exercised only if the Secretary determines that an adequate secondary market is not available in the private sector.". EXEMPTION OF SMALL BUSINESS PROJECTS FROM RESTRICTIONS ON RURAL INDUSTRIAL ASSISTANCE AND OTHER LOANS

7 USC 1932.

SEC. 112. Section 310B of the Consolidated Farm and Rural Development Act is amended by— (1) inserting in paragraphs (1), (2), and (3) (that follow subsection (d)) immediately after "312(b)", wherever that term appears therein, the following: ", except for cases in which such assistance does not exceed $1,000,000 or for cases in which direct employment will not be increased by more than fifty employees,"; and (2) in paragraph (3) (that follows subsection (d)), striking out "60" and inserting in lieu thereof "30". LOW-INCOME FARM OWNERSHIP LOAN PROGRAM

7 USC 1934. 7 USC 1923. 7 USC 1922.

SEC. 113. The Consolidated Farm and Rural Development Act is amended by adding immediately after section 310C a new section as follows: "SEC. 310D. (a) The Secretary is authorized to make and insure loans for any of the purposes referred to in clauses (1) through (5) of section 303(a) of this title to farmers and ranchers in the United States who (1) are citizens of the United States, (2) meet the requirements of clauses (2) through (4) of section 302, (3) are unable to obtain sufficient credit under section 302 of this title to finance their actual needs, (4) are owners or operators of small or family farms (including new owners or operators), (5) are farmers or ranchers with

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a low income, and (6) demonstrate a need to maximize their income from farming or ranching operations. The Secretary is also authorized to make such loans to any farm cooperative or private domestic corporation or partnership that is controlled by farmers and ranchers and engaged primarily and directly in farming or ranching in the United States if all of its members, stockholders, or partners, as applicable, are citizens of the United States and the entity and all such members, stockholders, or partners meet the requirements of clauses (2) through (6) of the preceding sentence. "(b) Each loan made or insured under this section shall l>e repayable in such installments as the Secretary determines will provide for reduced payments during the initial repayment period of the loan and larger payments during the remainder of the repayuient period of the loan.''. ELIGIBILITY FOR OPKRATING LOANS

SEC. 114. Section 311(a) of the Consolidated Farm and Rural Development Act is amended to read as follows: 7 USC 1941. "(a) The Secretary is authorized to make and insure loans under this subtitle to farmers and ranchers in the United States, and to farm cooperatives and private domestic corporations and partnerships that are controlled by farmers and ranchers and engaged primarily and directly in farming or ranching in the United States, subject to the conditions specified in this section. To be eligible for such loans, applicants who are individuals, or, in the case of cooperatives, corporations, and partnerships, members, stockholders, or partners, as applicable, holding a majority interest in such entity, must (1) be citizens of the United States, (2) have either training or farming experience that the Secretary determines is sufficient to assure reasonable prospects of success in the proposed farming operations, (3) be or will become operators of not larger than family farms (or in the case of cooperatives, corporations, and partnerships in which a majority interest is held by members, stockholders, or jjartners, as applicable, who are related by blood or marriage, as defined by the Secretary, such individuals must be or will become either owners or operators of not larger than a family farm and at least one such individual must be or will become an of)erator of not larger than a family farm), and (4) be unable to obtain sufficient credit elsewhere to finance their actual needs at reasonable rates and terms, taking into consideration prevailing private and cooperative rates and terms in the community in or near which the applicant resides for loans for similar purposes and periods of time. In addition to the foregoing requirements of this subsection, in the case of cooperatives, corporations, and paitnerships, the family farm requirement of clause (3) of the preceding sentence shall apply as well to the farm or farms in which the entity has an operator interest and the requirement of clause (4) of the preceding sentence shall apply as well to the entity.". OPERATIXO LOANS FOR RECREATIONAL FACILITIES

SEC. 115. Section 312(a) of the Consolidated Farm and Rural Development Act is amended by striking out "individual". 7 USC 1942.

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 92 STAT. 426

PUBLIC LAW 9 5 - 3 3 4 — A U G. 4, 1978 LIMITATIONS ON FARM OPERATING LOANS

7 USC 1943.

SEC. 116. Section 313 of the Consolidated F a r m and R u r a l Development Act is amended to read as follows: " SEC. 313. The Secretary shall make or insure no loan under this subtitle (1) that would cause the total principal indebtedness outstanding at any one time for loans made under this subtitle to any one borrower to exceed, in the case of a loan other than a loan guaranteed by the Secretary, $100,000, or, in the case of a loan guaranteed by the Secretary, $200,000; or (2) for the purchasing or leasing of land other than for cash rent, or for carrying on any land leasing or land purchasing program.". FARM OPERATING LOAN INTEREST RATES; CONSOLIDATION AND RESCHEDULING OF LOANS

7 USC 1946.

SEC. 117. Section 816 of the Consolidated F a r m and R u r a l Development Act is amended to read as follows: " SEC. 316. (a) The Secretary shall make all loans under this subtitle upon the full personal liability of the borrower and upon such security as the Secretary may prescribe. The interest rates on such loans, except for guaranteed loans, shall be as determined by the Secretary, but not in excess of the current average market yield on outstanding marketable obligations of the United States with remaining periods to maturity comparable to the average maturities of such loans, plus an additional charge not to exceed 1 per centum as determined by the Secretary, which charge shall be deposited in the R u r a l Development Insurance F u n d or the Agricultural Credit Insurance F u n d, as appropriate, and adjusted to the nearest one-eighth of 1 per centum. The interest rate on any guaranteed loan made under this subtitle shall be such rate as may be agreed upon by the borrower and lender, but not in excess of a rate as may be determined by the Secretary. " (b) Loans made under this subtitle shall be payable in not to exceed seven years. The Secretary may consolidate or reschedule outstandingloans for payment over a period not to exceed seven years from the date of such consolidation or rescheduling, and the amount of unpaid principal and interest of the prior loans so consolidated or rescheduled shall not create a new charge against any loan levels authorized by law. A new loan may be included in a consolidation. Such new loan shall be charged against any loan level authorized by law. The interest rate on such consolidated or rescheduled loans, other than guaranteed loans, may be changed by the Secretary to a rate not to exceed the rate, being charged for loans made under this subtitle a t the time of the consolidation or rescheduling. The interest rate on any guaranteed loan under this subtitle that may be consolidated or rescheduled for payment shall be such rate as may be agreed upon by the borrower and the lender, but not in excess of a rate as may be determined by the Secretary.". EMERGENCY

7 USC 1961.

LOAN

ELIGIBILITY

SEC. 118. Section 321 of the Consolidated F a r m and R u r a l Development Act is amended to read as follows: " SEC. 321. The Secretary shall make and insure loans under this subtitle to (1) established farmers, ranchers, or persons engaged in aquaculture, who are citizens of the United States, and (2) to farm cooperatives or private domestic corporations or partnerships in which a majority interest is held by members, stockholders, or part n e r s who

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are citizens of the United States if the cooperative, corporation, or partnership is engaged primarily in farming, ranching, or aquaculture, where the Secretary finds that the applicants' farming, ranching, or aquaculture operations have been substantially affected by a natural disaster in the United States or by a major disaster or emergency designated by the President pursuant to the provisions of the Disaster Belief Act of 1974: Provided, That they have experience and resources neces- 42 USC 5121 sary to assure a reasonable prospect for successful operation with the note. assistance of such loan and are unable to obtain sufficient credit elsewhere to finance their actual needs at reasonable rates and terms, taking into consideration prevailing private and cooperative rates and terms in the community in or near which they reside for loans for similar purposes and periods of time. For the purposes of this subtitle 'Aquaculture.' 'aquaculture' means husbandry of aquatic organisms under a controlled or selected environment.". DELETION o r REQUIREMENT FOR EMERGENCY LOAN INTEREST RATES TO BE BASED ON SMALL BUSINESS ADMINISTRATION LOAN RATES

SEC. 119. Section 324 of the Consolidated Farm and Kural Development Act is amended, effective October 1, 1978, by striking out sub- 7 USC 1964. section (b) and redesignating subsection (c) as subsection (b). CONFORMING AMENDMENT

SEC. 120. The Consolidated Farm and Rural Development Act is Repeal, amended by repealing section 325. 7 USC 1965. DELEGATION OF AUTHORITY TO COMPROMISE CLAIMS; AUTHORITY I N AREAS THAT HAVE CEASED TO BE RURAL

SEC. 121. Section 331 of the Consolidated Farm and Rural Develop7 USC 1981. ment Act is amended by— (1) in clause (a), striking out "and in Puerto Rico and the Virgin Islands"; (2) in clause (d), striking out "$15,000" and inserting in lieu thereof "$25,000"; (3) at the end of clause (i), striking out the period and inserting lieu thereof "; and"; and (4) adding at the end thereof a new clause (j) to read as follows: " (i) notwithstanding that an area ceases, or has ceased, to be 'rural', in a 'rural area', or an eligible area, make loans and grants, and approve transfers and assumptions, under this title on the same basis as though the area still was rural in connection with property securing any loan made, insured, or held by the Secretary under this title or in connection with any property held by the Secretary under this title.". LOAN MORATORIUM AND POLICY ON FORECLOSURES

SEC. 122. The Consolidated Farm and Rural Development Act is amended by adding after section 331 a new section 331A as follows: "SEC. 33iA. In addition to any other authority that the Secretary 7 USC 1981a. may have to defer principal and interest and forego foreclosure, the Secretary may permit, at the request of the borrower, the deferral of principal and interest on any outstanding loan made, insured, or held by the Secretary under this title, or under the provisions of any other

39-194 O—80—pt. 1

31: QL3

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PUBLIC LAW 95-334—AUG. 4, 1978 law administered by the F a r m e r s Home Administration, and may forego foreclosure of any such loan, for such period as the Secretary deems necessary upon a showing by the borrower that due to circumstances beyond the borrower's control, the borrower is temporarily unable to continue making payments of such principal and interest when due without unduly impairing the standard of living of the borrower. The Secretary may permit interest that accrues during the deferral period on any loan deferred under this section to bear no interest during or after such period: Provided, That if the security instrument securing such loan is foreclosed such interest as is included in the purchase price at such foreclosure shall become part of the principal and draw interest from the date of foreclosure at the rate prescribed by law.". APPEAL AND REVIEW OF COUNTY COMMITTEE DETERMINATIONS; EXEMPTION OF GUARANTEED LOANS FROM "GRADUATION" REQUIREMENT

7 USC 1983.

Ante, p. 424. 7 USC 1922.

SEC. 123. Section 333 of the Consolidated F a r m and R u r a l Development Act is amended by— (1) at the end of subsection (b), striking out the semicolon and inserting in lieu thereof the following: ": Provided, That the Secretary may provide a procedure for appeal and review of any determination relating to a certification or recommendation required to be made by the county committee, and for reversal or modification thereof should the facts w a r r a n t such action;"; (2) in subsection (c), inserting "except for guaranteed loans," immediately before "an agreement by the borrower"; and (3) in subsection (c), inserting after "private credit source" the following: " ( o r, in the case of a borrower under section 310D of this title, the borrower may be able to obtain a loan under section 302 of this title) ". DEFINITION OF " UNITED STATES" AND " S T A T E "

7 USC 1991.

SEC. 124. Section 343 of the Consolidated F a r m and R u r a l Development Act is amended by striking out " and " immediately before " (5) " and inserting immediately before the period at the end of the section the following: ", and (6) the terms 'United States' and 'State' shall include each of the several States, the Commonwealth of P u e r to Rico, the Virgin Islands of the United States, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and, to the extent the Secretary determines it to be feasible and appropriate, the T r u s t T e r r i to r y of the Pacific Islands". AUTHORIZATION OF INSURED AND GUARANTEED LOANS AMOUNTS; PARTICIPATION BY OTHER DEPARTMENTS AND AGENCIES

7 USC 1994.

SEC. 125. The Consolidated F a r m and R u r a l Development Act is amended by adding at the end thereof new sections 346 and 347 as follows: " SEC. 346. Effective October 1, 1979, the aggregate principal amount of loans under the programs authorized under each subtitle of this title during each three-year period thereafter shall not exceed such amounts as may be authorized by law after the date of enactment of this section. There shall be two amounts so established for each of such programs and for any maximum levels provided in appropriation Acts for the programs authorized under this title, one against which direct and insured loans shall be charged and the other against which

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guaranteed loans shall be charged, with or without authority for the Secretary to transfer amounts between such categories within a given program for more effective administration. "SEC. 347. Notwithstanding any other provision of law, other 7 USC 1995. departments, agencies, and executive establishments of the Federal Government may participate and provide financial and technical assistance jointly with the Secretary to any applicant to whom assistance is being provided under any program administered by the Farmers Home Administration. Participation by any other department, agency, or executive establishment shall be only to the extent authorized for, and subject to the authorities of, such other department, agency, or executive establishment, except that any limitation on joint participation is superseded by this section.". USE OF QUALIFIED PERSONNEL BY THE DEPARTMENT OF AGRICULTURE

SEC. 126. It is the sense of Congress that, in carrying out the provisions of the Consolidated Farm and Rural Development Act, the 7 USC 1921 note. Secretary of Agriculture should ensure that— (1) only officers and employees of the Department of Agriculture who are adequately prepared to understand the particular needs and problems of farmers in an area are assigned to such area; and (2) a high priority is placed on keeping existing farm operations operating. TITLE II—EMERGENCY AGRICULTURAL CREDIT ADJUSTMENT ACT OF 1978 SHORT TITLE

SEC. 201. This title may be cited as the "Emergency Agricultural 7 USC prec. 1961 Credit Adjustment Act of 1978". note. AUTHORITY TO INSURE OR GUARANTEE LOANS

SEC. 202. The Secretary of Agriculture may insure or guarantee 7 USC prec. 1961 loans to (1) bona fide farmers and ranchers who are primarily and note, directly engaged in agricultural production and who are citizens of the United States and (2) farm cooperatives and private domestic corporations and partnerships that are primarily and directly engaged in agricultural production and in which a majority interest is held by members, stockholders, or partners, as applicable, who themselves are citizens of the United States and are primarily and directly engaged in agricultural production, if the applicant for such loan— (A) has the experience or training and resources necessary to assure a reasonable prospect for successful operation with the assistance of such loan; (B) needs such credit in order to maintain a viable agricultural production operation; and (C) is unable at the time the loan application is filed to obtain sufficient credit from normal credit sources to finance actual needs at reasonable rates and terms due to national or areawide economic stresses, such as a general tightening of agricultural credit or an unfavorable relationship between production costs and prices received for agricultural commodities.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/484

 92 STAT. 430 "Agricultural production."

PUBLIC LAW 95-334—AUG. 4, 1978 As used in this title, the term "agricultural production" shall include aquaculture; and the term "Secretary" shall mean the Secretary of Agriculture. PURPOSES OF LOANS

TUSC prec. 1961 SEC. 203. (a) L o a n s may be insured o r g u a r a n t e e d under this title °'*t®for (1) refinancing outstanding indebtedness, including the making of installment payments of principal and interest, on farm or home real estate and other farm and essential home debts that cannot be paid unless assistance is provided under this title to provide adequate terms within the applicant's repayment ability and assure continuation of the applicant's farming, ranching, or aquaculture operation, (2) reorganization of the farming, ranching, or aquaculture operation, including changes in the nature or method of operation, necessary to provide an economically sound operating unit, (3) purchase of essential water rights, supplies, and irrigation facilities, (4) purchase of essential livestock, poultry, and farm equipment, (5) purchase of feed, seed, fertilizer, insecticides, and farm supplies and other essential farm operating expenses, including cash rent, (6) financing essential land and water development, use, and conservation, (T) other essential farm, ranch, and aquaculture needs, including, but not limited to, family subsistence, and (8) loan closing costs. No loan may be insured or guaranteed under this title the purpose of which is to purchase or lease additional land. (b) In making loans under this title, preference shall be given to owners or operators of not larger than family farms. In the case of farm cooperatives, corporations, and partnerships, the family farm preference shall apply to the farm or farms in which both the entity and its principal members, stockholders, or partners, as applicable, have an ownership or operator interest and are primarily and directly engaged in agricultural production. OUARANTEED LOAN L I M I T S; RATES OF INTEREST; REPAYMENT PERIOD; RESTRlOnONS

7 useprec. 1961 °o*®-

SEC. 204. (a) The Secretary may guarantee under this title the principal and interest on any loan that is made by a legally organized lending agency, and that otherwise meets the purposes and conditions of this title, except that such guarantee shall not exceed 90 per centum of the principal and interest of the loan. (b) Loans guaranteed under this title shall bear interest at rates to be agreed upon by the lender and borrower. Loans insured under this title shall bear interest at rates determined by the Secretary taking into consideration the current average market yield on outstanding marketable obligations of the United States with remaining periods to maturity comparable to the average maturities of such loans, plus not to exceed 1 per centum, as determined by the Secretary, and adjusted to the nearest one-eighth of 1 per centum. (c) Loans insured and guaranteed under this title shall be repayable at such times as the Secretary may determine, taking into account the purpose of, and ne-ed for, the loan, but not later than provided for loans for similar purposes under the Consolidated Farm and Rural 7 USC 1921 note. Development Act: Prmnded, That, if the loan is for a purpose 7 USC 1941. described in subtitle B of such Act, the Secretary may make the loan repayable at the end of a period not exceeding twenty years if the Secretary determines that the need of the applicant justifies a longer repayment period.

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(d) No fees or charges shall be assessed by the Secretary for any loan insured or for any guarantee provided under this title. LOAX CERTIFICATIONS AND CONDITIONS

SEC. 205. (a) As a condition of the Secretary's guaranteeing any 7 USC prec. 1961 loan under this title, the lender shall certify that— note. (1) the lender is unwilling to provide credit to, or continue with, the loan applicant in the absence of the guarantee authorized by this title; (2) the loan applicant is directly and in good faith engaged in agricultural production; and (3) the financing to be furnished the loan applicant is to be used for one or more of the purposes set forth in section 203 of this title. (b) As a condition of the Secretary's insuring any loan under this title, the loan applicant shall certify that— (1) the loan applicant will be unable to obtain financing in the absence of the assistance authorized by this title; (2) the loan applicant is directly and in good faith engaged in agricultural production; and (3) the financing to be furnished the loan applicant is to be used for one or more of the purposes set forth in section 203 of this title. (c) As a condition of insuring or guaranteeing any loan under this title, the Secretary must find that there is reasonable probability of accomplishing the objectives of this title and repayment of the loan. (d) The Secretary shall require— (1) the county committee authorized under section 332 of the Consolidated Farm and Rural Development Act to certify in 7 USC 1982. writing that the applicant for a loan under this title meets the eligibility requirements for the loan, has the character, industry, and ability to carry out the proposed operations, and will, in the opinion of the committee, honestly endeavor to carry out the applicant's undertakings and obligations; and (2) except for guaranteed loans, an agreement by the applicant for a loan under this title that if at any time it shall appear to the Secretary that the applicant may be able to obtain a loan from a production credit association, a Federal land bank, or other responsible cooperative or private credit source, at reasonable rates and terms for loans for similar purposes and periods of time, the applicant will, upon request by the Secretary, apply for and accept such loan in an amount sufficient to repay the Secretary or the insured lender, or both, and pay for any stock in a cooperative lending agency that must be purchased in connection with such loan. LOAN

SECURITY

SEC 206. Ix)ans shall be insured or guaranteed under this title upon 7 USC prec. 1961 the full personal liability of the borrower secured by such collateral note, as is available that, together with the confidence of the Secretary, and, for guaranteed loans, the confidence of the lender, in the repayment ability of the loan applicant, is deemed by the Secretary adequate to protect the Government's interest. The collateral may be subject to a prior lien or may be collateral that has depreciated in value owing to temporary economic conditions.

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 92 STAT. 432

PUBLIC LAW 95-334—AUG. 4, 1978 FUNDING;

LIMITATION

ON OUTSTANDING

LOANS

7 USC prec.1961 SEC. 207. (a) The fund created in section 309 of the Consolidated 7**ff<5r 1Q90 F a r m and R u r a l Development Act shall be used by the Secretary for 7 UbC 1929. YiQ operation of the loan program, and for the discharge of the obligations incurred by the Secretary, under this title. The Secretary may use such fund to (1) pay administrative expenses of the Secretary necessary to insure, guarantee, and service loans, and otherwise carry out the provisions of this title, and (2) purchase, on such terms and conditions as the Secretary may deem appropriate, all or any portion of any loan insured or guaranteed under this title, or to defer payments of principal and interest with respect to such loan and pay expenses and fees incident to such purchase or deferral. There shall be reimbursed to such fund by appropriations annually an amount equal to the costs incurred in the operation and administration of the program created by this title.

7 USC 1922, 1941.

(b) The total principal balance outstanding at any time on loans insured or guaranteed under this title for any borrower shall not exceed $400,000: Provided, That no loan may be insured or guaranteed under this title to a borrower who has any loans outstanding under subtitle A or B of the Consolidated Farm and Rural Development Act that would cause the total outstanding principal indebtedness under this title and subtitles A and B of the Consolidated Farm and Rural Development Act to exceed $650,000, and no loan may be made, insured, or guaranteed under subtitle A or B of the Consolidated Farm and Rural Development Act to any borrower who has any loans outstanding under this title that would cause the total outstanding principal indebtedness under subtitles A and B of the Consolidated Farm and Rural Development Act and this title to exceed $650,000. (c) The total principal balance outstanding at any time on loans insured or guaranteed under this title shall not exceed $4,000,000,000. F U L L F A I T H AND CREDIT

7 USC prec. 1961 SEC. 208. Any contract of guarantee or insurance executed by the °otSecretary under this title shall be an obligation supported by the full faith and credit of the United States and incontestable except for fraud or misrepresentation of which the holder has actual knowledge at the time it becomes a holder. ISSUANCE OF C E R T I F I C A ' I ' E S OF BENEFICIAL O W N E R S H I P; CONTRACTS OF GUARANTEE ASSIGNABLE; REGULATIONS

7 USC prec. 1961 SEC. 209. (a) The provisions of section 310B(6) of the Consolidated note. Farm and Rural Development Act shall apply to loans insured or 7 USC 1932. guaranteed under this title. The Secretary is authorized to handle loans guaranteed jmder this title in the same manner as loans guar7 USC 1921 note, anteed under the Consolidated Farm and Rural Development Act. (b) Contracts of guarantee executed pursuant to the provisions of this title shall be fully assignable. (c) The Secretary is authorized to issue such regulations as the Secretary determines necessary to carry out this title. Final regulations shall be issued as soon as possible, but in no event later than thirty days after the date of enactment of this title. Insofar as practicable, the Secretary shall complete action on each loan application within thirty days after its receipt.

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AVAILABILITY OF THE PROGRAM

SEC.210. Financial assistance may be made available under this title throughout the "United States" as that term is defined in section 848 of the Consolidated Farm and Rural Development Act.

7 USC prec. 1961 note. 7 USC 1991.

EFFECTIVE PERIOD

SEC. 211. The provisions of this title shall become effective upon enactment, and the authority to make new contracts of insurance or guarantee under this title shall terminate May 15, 1980.

7 USC prec. 1961 note.

TITLE III—EXTENSION AND AMENDMENT OF THE EMERGENCY LIVESTOCK CREDIT ACT OF 1974 AND AMENDMENT OF THE B E E F RESEARCH AND INFORMATION ACT EMERGENCY

LIVESTOCK

CREDIT ACT

OF

197 4

SEC. 301. The Emergencv Livestock Credit Act of 1974 is amended by(1) in section 2, inserting after the words ''bona fide farmers and ranchers" the following: ", including bona fide farmers or ranchers owning livestock that are fed in custom feedyards,": (2) amending section 8 to read as follows: "SEC. 8. The provisions of this Act shall become effective upon enactment, and the authority to make new guarantees shall expire September 80. 1979, except that, with respect to any loan for a line of credit guaranteed tmder this Act, if the lender advances loan funds within the line of credit at any time during the remaining term or authorized renewal period of the loan after September 80, 1979, the guarantee of such advances shall not be considered new guarantees."; (8) in section 11, amending the first sentence to read as follows: "The Secretary shall, not later than December 15 of each year, report to the House Committee on Agriculture and the Senate Committee on Agriculture, Nutrition, and Forestry on the effectiveness of this Act.": and (4) adding at the end thereof a new section 12 as follows: "SEC. 12. Financial assistance may be m.ade available under this Act throughout the 'Ignited States' as that term is defined in section 848 of the Consolidated Farm and Rural Development Act.".

7 USC prec. 1961 note.

Effective date.

Report to congressional committees.

7 USC 1991.

BEEF RESEARCH AND INFORMATION ACT

SEC. 802. Section 9 of the Beef Research and Information Act (7 U.S.C. 2908) is amended by striking out in the third sentence the words "not less than two-thirds" and inserting in lieu thereof "a majority". TITLE IV—EMERGENCY CONSERVATION PROGRAM SEC. 401. The Secretary of Agriculture is authorized to make payments to agricultural producers who carry out emergency measures to control wind erosion on farmlands or to rehabilitate farmlands damaged by wind erosion, floods, hurricanes, or other natural disasters when, as a result of the foregoing, new conservation problems have been created that (1) if not treated, will impair or endanger the land, (2) materially affect the productive capacity of the land, (3) represent

16 USC 2201.

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16 USC 2202.

16 USC 2203.

Appropriation authorization.

16 USC 2204.

Regulations.

16 USC 2205.

Effective date.

16 USC 2201.

note.

PUBLIC LAW 95-334—AUG. 4, 1978 damage that is unusual in character and, except for wind erosion, is not the type that would recur frequently in the same area, and (4) will be so costly to rehabilitate that Federal assistance is or will be required to return the land to productive agricultural use. SEC. 402. The Secretary of Agriculture is authorized to make payments to agricultural producers who carry out emergency water conservation or water enhancing measures during periods of severe drought as determined by the Secretary. SEC. 403. The Secretary of Agriculture is authorized to undertake emergency measures for runoff retardation and soil-erosion prevention, in cooperation with landowners and land users, as the Secretary deems necessary to safeguard lives and property from floods, drought, and the products of erosion on any watershed whenever fire, flood, or any other natural occurrence is causing or has caused a sudden impairment of that watershed. SEC. 404. There are authorized to be appropriated such funds as may be necessary to carry out the purposes of this title. Such funds shall remain available until expended. In implementing the provisions of this title, the Secretary of Agriculture may use the facilities, services, and authorities of the Commodity Credit Corporation. The Corporation shall not make any expenditures to carry out the provisions of this title unless funds specifically appropriated for such purpose have been transferred to it. SEC. 405. The Secretary of Agriculture is authorized to prescribe such regulations as the Secretary determines necessary to carry out the provisions of this title. SEC. 406. The provisions of this title shall become effective October 1, 1978.

TITLE V—PRICE SUPPORT FOR PRODUCERS OF RICE 7 USC 1309. Effective date. 7 USC 1309 note. 7 USC 1281 note. 7 USC 1309.

SEC. 501. (a) Section 1001(b) of the Food and Agriculture Act of 1977 is amended by striking out "and upland cotton" and inserting in lieu thereof "upland cotton, and rice". (b) This section shall become effective October 1, 1978, and any producers who, prior to such date, receive payments on the 1978 crop of rice as computed under the Agricultural Act of 1949, as amended by the Food and Agriculture Act of 1977, may elect after September 30, 1978, to receive payments as computed under section 1001(b) of the Food and Agriculture Act of 1977, as amended by this section. Approved August 4, 1978.

LEGISLATIVE HISTORY: HOUSE REPORTS: No. 95-986 (Comm. on Agriculture) and No. 95-1344 (Comm. of eonference). SENATE REPORT No. 95-752 accompanying S. 2146 (Comm. on Agriculture, Nutrition, and Forestry). CONGRESSIONAL RECORD, Vol. 124 (1978): Apr. 24, considered and passed House. May 1, 2, S. 2146 considered in Senate. May 2, considered and passed Senate, amended, in lieu of S. 2146. July 19, House agreed to conference report. July 20, Senate agreed to conference report. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 14, No. 31: Aug. 4, Presidential statement.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/489

 PUBLIC LAW 95-335—AUG. 4, 1978

92 STAT. 4 3 5

Public Law 95-335 95th Congress An Act Making appropriations for the Department of Transportation and related agencies for the fiscal year ending September 30, 1979, and for other purposes.

Aug. 4, 1978 [H.R. 12933]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following Department of sums are appropriated, out of any money in the Treasury not otherwise Transportation appropriated, for the Department of Transportation and related agen- and Related cies for the fiscal year ending September 30, 1979, and for other pur- Agencies Appropriation poses, n a m e l y: Act, 1979. TITLE I DEPARTMENT OF T R A N S P O R T A T I O N OFFICE OF THE

SECRETARY

SALARIES AND EXPENSES

For necessary expenses of the Office of the Secretary of Transportation, including not to exceed $27,000 for allocation within the Department for official reception and representation expenses as the Secretary may determine, $33,050,000. TRANSPORTATION P L A N N I N G, RESEARCH, AND DEVELOPMENT

For necessary expenses for conducting transportation planning, research, and development activities, including the collection of national transportation statistics, to remain available until expended, $11,450,000. LIMITATION ON W O R K I N G CAPITAL F U N D

Necessary expenses for operating costs and capital outlays of the Department of Transportation W o r k i n g Capital F u n d not to exceed $54,069,000 shall be paid, in accordance with law, from appropriations made available by this Act and prior appropriation Acts to the Department of Transportation together with advances and reimbursements received by the Department of Transportation. COAST GUARD OPERATING EXPENSES

For necessary expenses for the operation and maintenance of the Coast Guard, not otherwise provided for; purchase of not to exceed ten passenger motor vehicles, for replacement only; and recreation and welfare; $965,318,000, of which $214,904 shall be applied to Capeh a r t Housing debt reduction: Provided, That the number of aircraft 14 USC 92 note. on h and at any one time shall not exceed one hundred and seventyseven exclusive of planes and part s stored to meet future attrition.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/490

 92 STAT. 436

PUBLIC LAW 95-335—AUG. 4, 1978 ACQUISITION, CONSTRUCTION AND IMPROVEMENTS (INCLUDING TRANSFER OF FUNDS)

For necessary expenses of acquisition, construction, rebuilding, and improvement of aids to navigation, shore facilities, vessels, and aircraft, including equipment related thereto; to remain available until September 30, 1981, $286,617,000, of which $3,500,000 shall be derived by transfer from the appropriation "Pollution F u n d ". ALTERATION OF BRIDGES

For necessary expenses for alteration or removal of obstructive bridges; $14,900,000, to remain available until expended. RETIRED P A Y

For retired pay, including the payment of obligations therefor otherwise chargeable to lapsed appropriations for this purpose, and payments under the Retired Serviceman's F a m i l y Protection and Survivor Benefit P l a n s; $173,500,000. RESERVE T R A I N I N G

For all necessary expenses for the Coast G u a r d Reserve, as authorized by law; maintenance and operation of facilities; and supplies, equipment, and services; $39,000,000. RESEARCH, DEVELOPMENT, T E S T, AND EVALUATION

For necessary expenses, not otherwise provided for, for basic and applied scientific research, development, test, and evaluation; maintenance, rehabilitation, lease, and operation of facilities and equipment, as authorized by law; $20,000,000, to remain available until expended: Provided, That there may be credited to this appropriation, funds received from State and local governments, other public authorities, private sources and foreign countries for expenses incurred for research, development, testing and evaluation. STATE BOATING SAFETY ASSISTANCE

For financial assistance for State boating safety programs in accordance with the provisions of the Federal Boat Safety Act of 1971, as amended (46 U.S.C. 1451 et seq.), $5,000,000, to remain available until expended. FEDERAL AVIATION

ADMINISTRATION

OPERATIONS

49 USC 1701 note.

For necessary expenses of the Federal Aviation Administration, not otherwise provided for, including administrative expenses for research and development and for establishment of air navigation facilities, and carrying out the provisions of the A i r p o r t and A i r w a y Development Act; purchase of three passenger motor vehicles for replacement only and purchase and repair of skis and snowshoes: $1,981,400,000,

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Page:United States Statutes at Large Volume 92 Part 1.djvu/491

 PUBLIC LAW 95-335—AUG. 4, 1978

92 STAT. 437

of which $300,000,000 shall be derived from the Airport and Airway Trust Fund, for the purposes of subsection (e) of section 14 of the Airport and Airway Development Act of 1970, as amended, and sub- 49 USC 1714. ject to the conditions of that subsection: Provided, That there may be credited to this appropriation, funds received from States, counties, municipalities, other public authorities, and private sources, for expenses incurred in the maintenance and operation of air navigation facilities: Provided further, That none of these funds shall be available for new applicants for the second career training program. FACILITIES, ENGINEERING AND DEVELOPMENT (INCLUDING TRANSFER OF FUNDS)

For necessary expenses of the Federal Aviation Administration, not otherwise provided for, for acquisition and modernization of facilities and equipment and service testing in accordance with the provisions of the Federal Aviation Act (49 U.S.C. 1301-1542), including construction of experimental facilities and acquisition of necessary sites by lease or grant and purchase of three aircraft for replacement only, $18,370,000, to remain available until expended; and, in addition, not to exceed $145,000 from unobligated balances in the appropriations for "Civil supersonic aircraft development" and "Civil supersonic aircraft development termination" may be transferred to this account: Provided, That there may be credited to this appropriation, funds received from States, counties, municipalities, other public authorities, and private sources, for expenses incurred for engineering and development. FACILITIES AND EQUIPMENT (AIRPORT AND AIRWAY TRUST FUND) (INCLUDING TRANSFER OF FUNDS)

For necessary expenses, not otherwise provided for; for acquisition, establishment, and improvement by contract or purchase, and hire of air navigation and experimental facilities, including initial acquisition of necessary sites by lease or grant; engineering and service testing including construction of test facilities and acquisition of necessary sites by lease or grant; construction and furnishing of quarters and related accommodations for officers and employees of the Federal Aviation Administration stationed at remote localities where such accommodations are not available; to be derived from the Airport and Airway Trust Fund, $336,660,000, of which $54,363,000 shall be derived by transfer from the appropriation "Facilities and Equipment (Airport and Airway Trust Fund), 1976", to remain available until September 30, 1981: Provided, That there may be credited to this appropriation, funds received from States, counties, municipalities, other public authorities, and private sources, for expenses incurred in the establishment and modernization of air navigation facilities: Provided further, That no part of the foregoing appropriation shall be available for the construction of a new wind tunnel, or to purchase any land for or in connection with the National Aviation Facilities Experimental Center, or to decommission in excess of five flight service stations.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/492

 92 STAT. 4 3 8

PUBLIC LAW 95-335—AUG. 4, 1978 RESEARCH, E N G I N E E R I N G AND DEVELOPMENT TRUST F U N D)

(AIRPORT AND A I R W A Y

For necessary expenses, not otherwise provided for, for research, engineering and development in accordance with the provisions of the Federal Aviation Act (49 U.S.C. 1301-1542), inclnding construction of exy)erimental facilities and acquisition of necessary sites by lease or g r a n t; $75,100,000, to be derived from the A i r p o r t and A i r w a y Trust F u n d, to remain available vmtil expended: Provided, That there may be credited to this appropriation, funds received from States, counties, municipalities, other public authorities, and private sources, for expenses incurred for research, engineering and development. G R A N T S - I N - A I D FOR AIRPORTS (LIQUIDATION OF CONTRACT AUTHORIZATION) (AIRPORT AND A I R W A Y T R U S T F U N D)

49 USC 1714.

For liquidation of obligations incurred for airport development under authority contained in section 14 of Public Law 91-258, as amended, to be derived from the A i r p o r t and Airway Trust F u n d and to remain available until expended, $550,000,000; and for airport planning grants $15,000,000, to be derived from the A i r p o r t and A i r w a y Trust F u n d and to remain available until expended. OPERATION AND M A I N T E N A N C E, METROPOLITAN W A S H I N G TO N AIRPORTS

For expenses incident to the care, operation, maintenance, improvement, and protection of the federally owned civil airports in the vicinity of the District of Columbia, including purchase of ten passenger motor vehicles for police or ambulance type use, for replacement only; and purchase of two motor bikes for replacement only; purchase, cleaning, and repair of uniforms; and arms and ammunition; $23,858,000. CONSTRUCTION, METROPOLITAN W A S H I N G TO N AIRPORTS

For necessary expenses for construction at the federally owned civil airports in the vicinity of the District of C^olumbia, $5,000,000, to remain available until September 30, 1981. AVIATION W A R R I S K INSURANCE REVOLVING F U N D

The Secretary of Transportation is hereby authorized to make such expenditures and investments, within the limits of funds available pursuant to section 1306 of the Act of August 23, 1958, as amended (49 U.S.C. 1536), and in accordance with section 104 of the Government Corporation Control Act, as amended (31 U.S.C. 849), as may be necessary in carrying out the programs set forth in the budget for the current fiscal year for aviation war risk insurance activities under said Act. FEDERAL HIGHWAY ADMINISTRATION L I M I T A T I O N ON GENERAL OPERATING E X P E N S E S

Necessary expenses for administration, operation, and research of the Federal H i g h w a y Administration not to exceed $169,650,000 shall be paid, in accordance with law, from appropriations made available by this Act to the Federal H i g h w a y Administration together with

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Page:United States Statutes at Large Volume 92 Part 1.djvu/493

 PUBLIC LAW 95-335—AUG. 4, 1978

92 STAT. 439

advances and reimbursements received by the Federal H i g h w a y Administration: Provided, That not to exceed $35,400,000 of the amount provided herein shall remain available until expended. MOTOR CARRIER SAFETY

For necessary expenses to carry out motor carrier safety functions of the Secretary, as authorized by the Department of Transportation Act (80 Stat. 9 3 9 ^ 0), $12,351,000, of which $4,000,000 of the amount appropriated herein shall remain available until expended and not to exceed $1,090,000 shall be available for "Limitation on general operating expenses". H I G H W A Y SAFETY RESEARCH AND DEVELOPMENT

For necessary expenses in carrying out provisions of title 23, United States Code, to be derived from the H i g h w a y Trust F u n d and to remain available until expended, $9,000,000. H I G H W A Y BEAUTIFICATION

For necessary expenses to carry out the provisions of title 23, United States Code, sections 131 and 136, and the Federal-xVid Highway Act of 1976, section 105(a) (11), $13,135,000, to remain available until 90 Stat. 427. expended, together with $18,000,000, for payment of obligations incurred in carrying out the provisions of title 23, United States Code, sections 131, 136, and 319 (b), to remain available until expended. HIGHWAY-RELATED SAFETY GRANTS (LIQUIDATION OF CONTRACT AUTHORIZATION) ( T R U S T F U N D)

For payment of obligations incurred in carrying out the provisions of title 23, United States Code, section 402, administered by the Federal H i g h w a y Administration, to remain available until expended, $23,000,000 to be derived from the Highway Ti-ust F u n d: Provided, That not to exceed $633,000 of the amount appropriated herein shall be available for "Limitation on general operating expenses". RAILROAD-HIGHWAY CROSSINGS DEMONSTRATION PROJECTS

For necessary expenses of railroad-highway crossings demonstration projects, as authorized by section 163 of the Federal-Aid H i g h w a y Act of 1973, as amended, and title III of the National Mass Transportation 23 USC 130 note. Assistance Act of 1974, to remain available until expended, $40,000,000 49 USC 1605 of which $26,666,667 shall be derived from the H i g h w a y T r u s t F u n d. note. O F F - S Y S T E M R A I L W A Y - H I G H W A Y CROSSINGS

For necessary expenses for the elimination of hazards of railwayhighway crossings on roads other than those on any Federal-aid system in accordance with the provisions of section 203 of the H i g h w a y Safety Act of 1973, as amended, to remain available until September 30, 1982; 23 USC 130 note. $15,000,000. TERRITORIAL H I G H W A Y S

For necessary expenses in carrying out the provisions of title 23, United States Code, sections 152, 153, 215, and 402, $6,600,000, to remain available until expended, together with $5,500,000 for payment

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Page:United States Statutes at Large Volume 92 Part 1.djvu/494

 92 STAT. 440

PUBLIC LAW 95-335—AUG. 4, 1978 of obligations, incurred in carrying out the provisions of title 23, United States Code, sections 215,402, and 405, to remain available until expended. O F F - S Y S T E M ROADS (LIQUIDATION OF CONTRACT AUTHORIZATION)

23 USC 219.

For payment of obligations incurred in carrying out the provisions of section 122 of Public Law 93-643; $44,000,000, to remain available until expended. SAFER O F F - S Y S T E M ROADS

For necessary expenses to carry out the provisions of 23 U.S.C. 219; $15,000,000, to remain available until September 30, 1982. NATIONAL S C E N I C AND RECREATIONAL H I G H W A Y CONTRACT AUTHORIZATION)

(LIQUIDATION OF

For payment of obligations incurred in carrying out the provisions of 23 U.S.C. 148, to remain available until expended, $19,000,000, of which $13,000,000 shall be derived from the H i g h w a y T r u s t F u n d. ACCESS H I G H W A Y S TO P U B L I C RECREATION AREAS ON CERTAIN L A K E S

For necessary expenses not otherwise provided, to carry out the provisions of 23 U.S.C. 155, $7,900,000, to remain available until September 30,198L FEDERAL-AID H I G H W A Y S (LIQUIDATION OF CONTRACT AUTHORIZATION) ( T R U S T F U N D)

For carrying out the provisions of title 23, United States Code, which are attributable to Federal-aid highways, not otherwise provided, including reimbursements for sums expended pursuant to the provisions of 23 U.S.C. 308, $6,960,000,000 or so much thereof as may be available in and derived from the H i g h w a y T r u s t F u n d, to remain available until expended. H I G H W A Y S CROSSING FEDERAL PROJECTS

For necessary expenses in carrying out the provisions of 23 U.S.C. 156, $16,000,000, to remain available until September 30, 1981. OVERSEAS H I G H W A Y

88 Stat. 2288.

For necessary expenses for construction of the Overseas H i g h w a y in accordance with the provisions of section 118, Federal-Aid H i g h way Amendments of 1974, as amended, to remain available until expended, $87,100,000 to be derived from the H i g h w a y T r u s t F u n d. PROJECT ACCELERATION DEMONSTRATION PROGRAM

23 USC 124 note,

For necessary expenses to enable the Secretary to conduct a demonstration project authorized by section 141 of the Federal-Aid H i g h way Act of 1976, $10,000,000, to be derived from the H i g h w a y T r u s t F u n d and to remain available until expended.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/495

 PUBLIC LAW 95-335—AUG. 4, 1978

92 STAT. 441

SANDHILL CRANE WILDLIFE REFUGE

For necessary expenses of land acquisition in Jackson County, Jackson County, Mississippi, with respect to Interstate Route 10, $4,000,000, to remain Miss., land available until expended: Provided, That the Secretary of Transporta- acquisition. tion is authorized to transfer said land to the Secretary of the Interior, who shall administer it as a wildlife refuge. ALASKA H I G H W A Y

For necessary expenses to carry-out the provisions of section 218 of title 23, United States Code, $15,000,000, to remain available until expended. NATIONAL HIGHWAY TRAFFIC ADMINISTRATION

SAFETY

TRAFFIC AND H I G H W A Y SAFETY

For expenses necessary to discharge the functions of the Secretary with respect to traffic and highway safety and functions under the Motor Vehicle Information and Cost Savings Act (Public Law 92-513, 15 USC 1901 as amended), $81,620,000, of which $25,875,000 shall be derived from note. the H i g h w a y Trust F u n d: Provided, That not to exceed $36,715,000 shall remain available until expended, of which $8,252,000 shall be derived from the H i g h w a y T r u s t F u n d. STATE AND COMMUNITY H I G H W A Y SAFETY (LIQUIDATION OF CONTRACT AUTHORIZATION)

For payment of obligations incurred in carrying out the provisions of 23 U.S.C. 402 and 406, to remain available until expended, $166,000,000 to be derived from the H i g h w a y T r u s t F u n d, and for necessary expenses in carrying out the provisions of 23 U.S.C. 402 and 406, $1,715,000, to remain available until expended. FEDERAL RAILROAD

ADMINISTRATION

OFFICE OF THE ADMINISTRATOR

For necessary expenses of the Federal Railroad Administration, not otherwise provided for, $8,245,000. RAILROAD SAFETY

For necessary expenses in connection with railroad safety, not otherwise provided for, $23,655,000, of which $7,040,000 shall remain available until expended. RAILROAD RESEARCH AND DEVELOPMENT

For necessary expenses for railroad research and development, $51,980,000, to remain available until expended: Provided, That there may be credited to this appropriation, funds received from State and local governments, other public authorities, private sources and foreign countries for expenses incurred for engineering, testing and development.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/496

 92 STAT. 442

PUBLIC LAW 95-335—AUG. 4, 1978 RAIL

49 USC 1654.

49 USC 1657a.

SERVICE

ASSISTANCE

For necessary expenses for rail service assistance authorized by section 5 of the Department of Transportation Act, as amended, and for necessary administrative expenses in connection with Federal rail assistance programs not otherwise provided for, $75,040,000, together with $9,330,000 for the Minority Business Resource Center, as authorized by section 906 of Public Law 94—210, to remain available until expended. NORTHEAST CORRIDOR IMPROVEMENT

PROGRAM

For necessary expenses related to Northeast Corridor improvements 45 USC 851. authorized by title VII of Public Law 94-210, as amended, $455,000,000, 45use851 note, to remain available until expended: Provided, That, notwithstanding 50 USC 1431. any other provisions of law, the provisions of Public Law 85-804 shall apply to the Northeast Corridor Improvement Program. GRANTS TO THE NATIONAL RAILROAD PASSENGER

45 USC 851.

CORPORATION

To enable the Secretary of Transportation to make grants to the National Railroad Passenger Corporation, $660,000,000, to remain available until expended, of which not more than $510,000,000 shall be available for operating losses incurred by the Corporation, including payment of additional operating expenses of the Corporation, resulting from the operation, maintenance, and ownership or control of the Northeast Corridor pursuant to title VII of the Railroad Revitalization and Regulatory Reform Act of 1976, not more than $101,000,000 shall be available for capital improvements, not more than $24,000,000 shall be available only for the fiscal year 1979 purchase payments for the Northeast Corridor, and not more than $25,000,000 shall be available for the retirement of loan guarantees made pursuant to 45 U.S.C. 602: Provided, That none of the funds herein appropriated shall be used for the lease or purchase of passenger motor vehicles or for the hire of vehicle operators for any officer or employee, other than the President of the National Railroad Passenger Corporation, excluding the lease of passenger motor vehicles for those officers or employees while in official travel status. THE ALASKA

RAILROAD

ALASKA R A I L R O A D REVOLVING FUND

The Alaska Railroad Revolving F u n d shall continue available until expended for the work authorized by law, including operation and maintenance of oceangoing or coastwise vessels by ownership, charter, or arrangement with other branches of the Government service, for the purpose of providing additional facilities for transportation of freight, passengers, or mail, when deemed necessary for the benefit and development of industries or travel in the area served; and payment of compensation and expenses as authorized by 5 U.S.C. 8146, to be reimbursed as therein provided: Provided, That no employee shall be paid an annual salary out of said fund in excess of the salaries 63 Stat. 954. prescribed by the Classification Act of 1949, as amended, for grade 5 USC 5332 note. GS-15, except the general manager of said railroad, one assistant general manager at not to exceed the salaries prescribed by said Act for GS-17, and five officers at not to exceed the salaries prescribed by said Act for grade GS-16.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/497

 92 STAT. 443

PUBLIC LAW 95-335—AUG. 4, 1978 PAYMENTS TO THE ALASKA RAILROAD REVOLVING F U N D

For payment to the Alaska Railroad Revolving F u n d for capital replacements, improvements, and maintenance, $9,300,000, to remain available until expended. RAILROAD REHABILITATION AND IMPROVEMENT F I N A N C I N G

FUNDS

The Secretary of Transportation is hereby authorized to expend proceeds from the sale of F u n d anticipation notes to the Secretary of the Treasury and any other monies deposited in the Railroad Rehabilitation and Improvement F u n d pursuant to sections 502, 505-507 and 509 of the Railroad Revitalization and Regulatory Reform Act of 1976 (Public Law 94—210), as amended, for the uses authorized for the F u n d, in amounts not to exceed $170,000,000. The Secretary of Transportation is also authorized to issue to the Secretary of the Treasury notes or other obligations pursuant to section 512 of the Railroad Revitalization and Regulatory Reform Act of 1976 (Public Law 94-210), as amended, in such amounts and at such time as may be necessary to pay any amounts required pursuant to the guarantee not to exceed $600,000,000 principal amount of obligations under sections 511 through 513 of such Act, such authority to exist as long as any such guaranteed obligation is outstanding: Provided, That the aggregate principal amount of guarantees and commitments to guarantee obligations under section 511 of Public Law 94-210, as amended, shall not exceed $600,000,000. URBAN MASS TRANSPORTATION ADMINISTRATIVE

45 USC 831-833.

EXPENSES

RESEARCH, DEVELOPMENT, AND DEMONSTRATIONS AND UNIVERSITY RESEARCH AND T R A I N I N G

For necessary expenses for research and training, as authorized by the LTrban Mass Transportation Act of 1964, as amended (49 U.S.C. 1601 et seq.), to remain available until expended; $63,500,000: Provided, That $61,000,000 shall be available for research, development, and demonstrations, $2,000,000 shall be available for university research and training and not to exceed $500,000 shall be available for managerial training as authorized under the authority of said Act. U R B A N DISCRETIONARY

GRANTS

For necessary expenses for urban discretionary grants as authorized by the Urban Mass Transportation Act of 1964, as amended (49 U.S.C. 1601 et seq.), $1,250,000,000, of which $25,000,000 shall be available for technical studies, to remain available until September 30, 1982.

32: QL3

45 USC 832.

ADMINISTRATION

For necessary administrative expenses of the urban mass transportation program authorized by the Urban Mass Transportation Act of 1964 (49 U.S.C. 1601 et seq., as amended by Public Law 91-453 and Public Law 93-503); the Federal-Aid H i g h w a y Act of 1973 (Public Law 9 3 - 8 7); the Federal-Aid H i g h w a y Act of 1976 (Public Law 94-280) and the Urban Mass Transportation Act Amendments of 1978 or similar legislation, in connection with the activities, including hire of passenger motor vehicles and services as authorized by 5 U.S.C. 3109; $18,100,000.

39-194 O—80—pt. 1

45 USC 822, 825-827, 829.

49 USC 1601a note. 49 USC 1601b note. 23 USC 101 note. 23 USC 101 note.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/498

 92 STAT. 444

PUBLIC LAW 95-335—AUG. 4, 1978 RURAL AND S M A L L U R B A N GRANTS

For necessary expenses for assistance in rural areas and in those urban places designated by the Bureau of the Census as having a population of five thousand or more which are not within an urbanized area as defined for the purposes of the Urban Mass Transportation Act of 1964, as amended (49 U.S.C. 1601 et seq.), to remain available until expended, $76,500,000, of which $1,500,000 shall be available for technical studies. URBAN FORMULA GRANTS

For necessary expenses for urban formula grants as authorized by the Urban Mass Transportation Act of 1964, as amended (49 U.S.C. 1601 et seq.), $553,500,000, of which $28,500,000 shall be available for technical studies and $75,000,000 shall be available for rail service operating payments, to remain available until September 30, 1982. LIQUIDATION OF CONTRACT AUTHORIZATION

49 USC 1601a note. 49 USC 1601b note.

Funds, transfer.

For payment to the urban mass transportation fund, for liquidation of contractual obligations incurred under authority of the Urban Mass Transportation Act of 1964 (49 U. S. C 1601 et seq., as amended by Public Law 91-453 and Public Law 93-503) and 23 U.S.C. 142(c) and of obligations incurred for projects substituted for Interstate System segments withdrawn prior to enactment of the Federal-Aid H i g h w a y Act of 1976; $1,850,000,000, to remain available until expended: Provided, That none of these funds shall be made available for the establishment of depreciation reserves or reserves for replacement accounts: Provided further, That amounts for highway projects substituted for Interstate System segments shall be transferred to the Federal H i g h way Administration. PROJECTS SUBSTITUTED FOR INI'ERSTATE SYSTEM PROJECTS

For necessary expenses to carry out the provisions of 23 U.S.C. 103 (e)(4), to remain available until expended, $400,000,000: Provided, That amounts for highway projects substituted for Interstate System segments shall be transferred to the Federal H i g h w a y Administration. SAINT LAWRENCE SEAWAY DEVELOPMENT CORPORATION

31 USC 849.

The Saint Lawrence Seaway Development Corporation is hereby authorized to make such expenditures, within the limits of funds and borrowing authority available to such Corporation, and in accord with law, and to make such contracts and commitments without regard to fiscal year limitations as provided by section 104 of the Government Corporation Control Act, as amended, as may be necessary in carrying out the programs set forth in the budget for the current fiscal year for the Corporation except as hereinafter provided. L I M I T A T I O N ON. ADMINISTRATIVE E X P E N S E S, S A I N T LAWRENCE SEAWAY DEVELOPMENT CORPORATION

Not to exceed $1,280,000 shall be available for administrative expenses which shall be computed on an accrual basis, including not to exceed $3,000 for official entertainment expenses to be expended upon the approval or authority of the Secretary of Transportation: Pro-

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Page:United States Statutes at Large Volume 92 Part 1.djvu/499

 PUBLIC LAW 95-335—AUG. 4, 1978

92 STAT. 4 4 5

vided, That Corporation funds shall be available for the hire of passenger motor vehicles and aircraft, operation and maintenance of aircraft, uniforms or allowances therefor for operation and maintenance personnel, as authorized by law (5 U.S.C. 5901-5902), and $15,000 for services as authorized by 5 U.S.C. 3109. RESEARCH AND SPECIAL PROGRAMS DIRECTORATE RESEARCH AND SPECIAL PROGRAMS

For expenses necessary to discharge the functions of the Research Pipeline safety and Special Program s Directorate, $24,760,000, of which not to exceed program grants. $11,455,000 shall remain available until expended for expenses for conducting research and development and not to exceed $2,820,000 shall remain available until expended for grants-in-aid to carry out a pipeline safety program, as authorized by section 5 of the N a t u r a l Gas Pipeline Safety Act of 1968 (49 U.S.C. 1674). TITLE II RELATED AGENCIES NATIONAL TRANSPORTATION SAFETY

BOARD

SALARIES AND EXPENSES

For necessary expenses of the National Transportation Safety Board, including hire of passenger motor vehicles and aircraft; services as authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed the per diem rate equivalent to the rate for a G S - 1 8; uniforms, 5 USC 5332 note. or allowances therefor, as authorized by law (5 U.S.C. 5901-5902), $15,600,000, of which not to exceed $300 shall be used for official reception and representation expenses. CIVIL AERONAUTICS BOARD SALARIES AND E X P E N S E S

For necessary expenses of the Civil Aeronautics Board, including hire of aircraft; hire of passenger motor vehicles; services as authorized by 5 U.S.C. 3109; uniforms, or allowances therefor, as authorized by law (5 U.S.C. 5901-5902); and not to exceed $5,000 for official reception and representation expenses, $27,000,000. P A Y M E N T S TO A I R CARRIERS

For payments to air carriers of so much of the compensation fixed and determined by the Civil Aeronautics Board under section 406 of the Federal Aviation Act of 1958 (49 U.S.C. 1376), as is payable by the Board, $68,900,000, to remain available until expended. INTERSTATE COMMERCE

COMMISSION

SALARIES AND E X P E N S E S

For necessary expenses of the Interstate Commerce Commission, including services as authorized by 5 U.S.C. 3109, $70,400,000, of which $1,850,000 shall be available for necessary expenses of the Office

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Page:United States Statutes at Large Volume 92 Part 1.djvu/500

 92 STAT. 446 49 USC 305a.

PUBLIC LAW 95-335—AUG. 4, 1978 of Rail Public Counsel: Provided, That Joint Board members and cooperating state commissioners may use Government transportation requests when traveling in connection with their official duties as such. THE PANAMA CANAL ZONE

CANAL

GOVERNMENT

OPERATING EXPENSES

For operating expenses necessary for the Canal Zone Government, including operation of the Postal Service of the Canal Zone; hire of passenger motor vehicles; uniforms or allowances therefor, as authorized by law (5 LT.S.C. 5901-5902); expenses incident to conducting hearings on the Isthmus; expenses of special t r a i n i n g of employees of the Canal Zone Government as authorized by 5 U.S.C. 4101-4118, contingencies of the Governor, residence for the Governor; medical aid and support of the insane and of lepers and aid and support of indigent persons legally within the Canal Zone, including expenses of their deportation when practicable; and maintaining and altering facilities of other Government agencies in the Canal Zone for Canal Zone Government use, $74,000,000. CAPITAL

OUTLAY

For acquisition of land and land under water and acquisition, construction, and replacement of improvements, facilities, structures, and equipment, as authorized by law (2 C.Z. Code, sec. 2; 2 C.Z. Code, sec. 371), including the purchase of not to exceed twenty passenger motor vehicles of which eighteen are for replacement only; improving facilities of other Government agencies in the Canal Zone for Canal Zone Government use; and expenses incident to the retirement of such assets; $1,035,000, to remain available until expended. P A N A M A CANAL

COMPANY

CORPORATION

The P a n a m a Canal Company is hereby authorized to make such expenditures within the limits of funds and borrowing authority available to it and in accordance with law, and to make such contracts and commitments without regard to fiscal year limitations as provided by section 104 of the Government Corporation Control Act, as amended (31 U.S.C. 849), as may be necessary in carrying out the program s set forth in the budget for the current fiscal year for such corporation, including maintaining and improving facilities of other Government agencies in the Canal Zone for P a n a m a Canal Company use. LIMITATION ON GENERAL AND ADMINISTRATIVE EXPENSES

Not to exceed $27,580,000 of the funds available to the P a n a m a Canal Company shall be available for obligation during the current fiscal year for general and administrative expenses of the Company, including operation of tourist vessels and guide services. Funds available to the P a n a m a Canal Company for obligation shall be available for the purchase of not to exceed twenty-eight passenger motor vehicles for replacement only, and for uniforms or allowances therefor as authorized by law (5 U.S.C. 5901-5902),

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Page:United States Statutes at Large Volume 92 Part 1.djvu/501

 PUBLIC LAW 95-335—AUG. 4, 1978 DEPARTMENT OF THE

92 STAT. 447

TREASURY

OFFICE OF THE SECRETARY INVESTMENT I N F U N D ANTICIPATION NOTES

For the acquisition, in accordance w i t h section 509 of the Railroad Revitalization and Regulatory Reform Act of 1976, as amended, of fund anticipation notes, $170,000,000.

45 USC 829.

UNITED STATES RAILWAY ASSOCIATION ADMINISTRATIVE E X P E N S E S

For necessary administrative expenses to enable the United States Railway Association to carry out its functions under the Regional Rail Reorganization Act of 1973, as amended, $23,000,000, of which not to exceed $4,000 shall be available for official reception and representation expenses.

45 USC 701 note.

P A Y M E N T S FOR PURCHASE OF CONRAIL SECURITIES

For acquisition of series A preferred stock issued by the Consolidated Rail Corporation, to remain available until expended, $300,000,000, except that no funds shall become available until authorizing legislation is passed.

WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY INTEREST P A Y M E N T S

To enable the Department of Transportation to pay the Washington Metropolitan Area Transit Authority costs of debt service assistance and the interest subsidy authorized by Public Law 92-349, D.C. Code 1-1441 note. $38,142,000, to remain available until expended. TITLE III GENERAL PROVISIONS SEC. 301. During the current fiscal year applicable appropriations to the Department of Transportation shall be available for maintenance and operation of aircraft; hire of passenger motor vehicles and aircraft; purchase of liability insurance for motor vehicles operating in foreign countries on official departmental business; and uniforms, or allowances therefor, as authorized by law (5 U.S.C. 5901-5902). SEC. 302. None of the funds provided in this Act shall be available for the implementation or execution of programs the obligations for which are in excess of $35,990,000 in fiscal year 1979 for general aviation discretionary grants. SEC. 303. None of the funds provided in this Act shall be available for the implementation or execution of programs the obligations for which are in excess of $593,150,000 in fiscal year 1979 for "Grants-inaid for airports" under 49 U.S.C. 1714 (a) and (b) other than general aviation discretionary grants.

Aviation discretionary grants.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/502

 92 STAT. 448 Highway safety funds.

49 USC 1601 note. Everglades National Park, Fla. Ecology study.

Canal Zone, consultants. Canal Zone Government, pay increases.

FAA personnel, dependents' school expenses. 20 USC 241 note.

PUBLIC LAW 95-335—AUG. 4, 1978 SEC. 304. None of the funds provided under this Act shall be available for the planning or execution of programs, the obligations for which are in excess of $28,000,000 in fiscal year 1979 for "Highwayrelated safety grants". SEC. 305. None of the funds provided under this Act shall be available for the planning or execution of programs the total obligations for which are in excess of $172,000,000 in fiscal year 1979 for "State and Community Highway Safety": Provided, That within such total obligations not to exceed $40,000,000 shall be reserved for use at the discretion of the Secretary for high priority highway safety projects. SEC. 306. None of the funds provided in this Act shall be available for administrative expenses in connection with commitments for contract authority under the Urban Mass Transportation Act of 1964, as amended, aggregating more than $850,000,000 in fiscal year 1979. SEC. 307. None of the funds provided under this Act shall be available for the planning or execution of programs for any further construction of the Miami jetport or of any other air facility in the State of Florida lying south of the Okeechobee Waterway and in the drainage basins contributing water to the Everglades National Park until it has been shown by an appropriate study made jointly by the Department of the Interior and the Department of Transportation that such an airport will not have an adverse environmental effect on the ecology of the Everglades and until any site selected on the basis of such study is approved by the Department of the Interior and the Department of Transportation: Provided, That nothing in this section shall affect the availability of such funds to carry out this study. SEC. 308. The Governor of the Canal Zone is authorized to employ services as authorized by 5 U.S.C. 3109, in an amount not exceeding $150,000. SEC. 309. Funds appropriated for operating expenses of the Canal Zone Government may be apportioned notwithstanding section 3679 of the Revised Statutes, as amended (31 U.S.C. 665), to the extent necessary to permit payment of such pay increases for officers or employees as may be authorized by administrative action pursuant to law which are not in excess of statutory increases granted for the same period in corresponding rates of compensation for other employees of the Government in comparable positions. SEC. 310. Funds appropriated under this iVct for expenditure by the Federal Aviation Administration shall be available (1) except as otherwise authorized by the Act of September 30, 1950 (20 U.S.C. 236-244), for expenses of primary and secondary schooling for dependents of Federal Aviation Administration personnel stationed outside the continental United States at costs for any given area not in excess of those of the Department of Defense for the same area, when it is determined by the Secretary that the schools, if any, available in the locality are unable to provide adequately for the education of such dependents and (2) for transportation of said dependents between schools serving the area which they attend and their places of residence when the Secretary, under such regulations as he may prescribe, determines that such schools are not accessible by public means of transportation on a regular basis. SEC. 311. Appropriations contained in this Act for the Department of Transportation shall be available for services as authorized by 5

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Page:United States Statutes at Large Volume 92 Part 1.djvu/503

 PUBLIC LAW 9 5 - 3 3 5 - A U G. 4, 1978 U.S.C. 3109, but at rates for individuals not to exceed the per diem rate equivalent to the rate for a GS-18. SEC. 312. None of the funds in this Act Shall be available for the implementation or execution of a program in the Department of Transportation to collect fees, charges or prices for approvals, tests, authorizations, certificates, permits, registrations, and ratings which are in excess of the levels in effect on January 1, 1973, or which did not exist as of January 1, 1973, until such program is reviewed and approved by the appropriate committees of the Congress. SEC. 313. None of the funds provided in this Act for liquidation of contractual obligations under the Urban Mass Transportation Act of 1964, as amended, shall be made available for liquidation of obligations entered into under section 5 of that Act to support mass transit facilities, equipment or operating expenses unless the applicant for such assistance has given satisfactory assurances in such manner and form as the Secretary may require, and in accordance with such terms and conditions as the Secretary may prescribe, that the rates charged elderly and handicapped persons during nonpeak hours shall not exceed onehalf of the rates generally applicable to other persons at pedk h o u r s: Provided, That the Secretary, in prescribing the terms and conditions for the provision of such assistance shall (1) permit applicants to continue the use of preferential fare systems for elderly or handicapped persons where those systems were in effect on or prior to November 26, 1974, (2) allow applicants a reasonable time to expand the coverage of operating preferential fare systems as appropriate, and (3) allow applicants to define the eligibility of "handicapped persons" for the purposes of preferential fares in conformity with other Federal laws and regulations governing eligibility for benefits for disabled persons. SEC. 314. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein. SEC. 315. None of the funds provided under or included in this Act shall be available for the planning or execution of programs, the obligations for which are in excess of $7,950,000,000 for "FederalAid H i g h w a y s " in fiscal year 1979: Provided, That this limitation sfhall not apply to obligations for emergency relief authorized by 23 U.S.C. 125: Provided further, for replacement of the West Seattle bridge in the State of Washington, $50,000,000 to be made available from obligations authorized by 23 U.S.C. 125 on the date of enactment of this proviso: Provided further. That this limitation shall not become effective if subsequent legislation containing an obligation limitation on "Federal-Aid H i g h w a y s " for fiscal year 1979 is enacted into law by September 30, 1978. SEC. 316. Obligations for the Great River Road shall include preliminary engineering and the planning or execution of proiects for the acquisition of areas of archeological, scientific, or historical importance and of necessary easements for scenic purposes, the construction or reconstruction of roadside rest areas, bicycle trails, and scenic viewing areas, the reconstruction and rehabilitation of existing road segments, and the construction of new route segments. No such funds, however, shall be used for constructing new segments until 60 per centum of the Great River Road in each State is completed: Provided, That such completion may be waived if the Administrator determines that circumstances in such State prevent such completion.

92 STAT. 449

5 USC 5332 note. Review by congressional committees.

Mass transit fares for elderly and handicapped. 49 USC 1601 note. 49 USC 1604.

Fiscal year limitation. Federal-Aid Highways.

West Seattle bridge, Wash.

Great River Road.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/504

 92 STAT. 450

PUBLIC LAW 95-335—AUG. 4, 1978

Motor vehicle SEC. 317. None of the funds appropriated under this Act shall be occupant ^ged to implement or enforce any standard or regulation which restraint systems, requires any motor vehicle to be equipped with an occupant restraint system (other than a belt system). SEC. 318. Nothing in section 317 of this title shall be construed to prohibit the use of funds for any research and development activity relating to occupant restraint systems. Short title. This Act may be cited as the "Department of Transportation and Related Agencies Appropriation Act, 1979". Approved August 4, 1978.

LEGISLATIVE HISTORY: HOUSE REPORTS: No. 95-1252 (Comm. on Appropriations) and No. 95-1329 (Comm. of Conference). SENATE REPORT No. 95-938 (Comm. on Appropriations). CONGRESSIONAL RECORD, Vol. 124 (1978): June 9, 12, considered and passed House. June 23, considered and passed Senate, amended. July 19, House agreed to conference report. July 20, Senate agreed to conference report.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/505

 PUBLIC LAW 95-336—AUG. 4, 1978

92 STAT. 451

Public Law 95-336 95th Congress An Act To amend the Alcohol and Drug Abuse Education Act to extend the authorizations and appropriations for carrying out the provisions of such Act, 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 "Alcohol and Drug Abuse Education Amendments of 1978". SEC. 2. Section 2(b) of the Alcohol and Drug Abuse Ecjucation Act (21 U.S.C. 1001 (b)) is amended— (1) by inserting after "encourage" the following: "the prevention of alcohol and drug abuse; to stimulate"; (2) by striking out "curricula on" and inserting in lieu thereof "approaches to"; (3) by striking out "problems of" the first time it appears therein and inserting in lieu thereof "prevention of alcohol and"; (4) by striking out "curricula" the second time it appears therein and inserting in lieu thereof "approaches"; (5) by striking out "curricular materials" and inserting in lieu thereof "successful approaches"; and (6) by striking out "on drug abuse problems", and inserting in lieu thereof "on alcohol and drug abuse problems". SEC. 3. (a)(1) Section 3(a) of the Alcohol and Drug Abuse Education Act (21 U.S.C. 1002(a)) is amended— (A) by inserting after "carry out" a comma and the following: "throughout the Nation in rural areas as well as urban areas,"; (B) by striking out "projects" the first time it appears therein and inserting in lieu thereof "programs, including programs of proven effectiveness"; (C) by striking out "projects throughout the Nation" and inserting in lieu thereof "programs to develop local capability to meet problems of alcohol and drug abuse"; and (D) by inserting at the end thereof the following new sentence: "The Commissioner shall seek equitable distribution of available resources among the various regions of the country and seek to ensure that the special needs of rural areas are appropriately addressed.". (2) Section 3(b)(5) of such Act is amended by inserting "prevention" after "abuse". (b) Section 3(d)(1) of the Alcohol and Drug Abuse Education Act (21 U.S.C. 1002(d)) is amended— (1) by striking out "and" at the end of clause (C); (2) by striking the period at the end of clause (D) and inserting in lieu thereof a semicolon and the word "and"; and (3) by adding at the end thereof the following new clauses: " (E) provides assurance that the applicant will coordinate its efforts with the appropriate State and local alcohol and drug abuse agencies, and educational agencies and organizations; and

Aug. 4, 1978 [H.R. 10569]

Alcohol and Drug Abuse Education Amendments of 1978. 21 USC 1001 note.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/506

 92 STAT. 452

21 USC 1002.

Grants.

Office of Alcohol and Drug Abuse Education. Establishment.

21 USC 1002.

Supra.

PUBLIC LAW 95-336—AUG. 4, 1978 " (F) provides a proposed performance standard to measure, or research procedure to determine, the effectiveness of the program or project for which assistance is sought.". (c) Section 3(e)(2) of such Act is amended by striking out "Labor and Public Welfare" and inserting in lieu thereof "Human Resources". SEC. 4. (a) Section 3 of the Alcohol and Drug Abuse Education Act (21 U.S.C. 1002) is amended by redesignating subsection (d) through (f) as subsections (g) through (i), respectively, and by inserting after subsection (c) the following new subsections: "(d) In addition to the purposes descriljed in subsections (b) and (c), from funds in an amount not to exceed 10 per centum of the sums appropriated to carry out this Act, the Commissioner is authorized to make grants to State educational agencies, local educational agencies, institutions of postsecondary education, and other nonprofit agencies and organizations to support projects, including projects of proven effectiveness, to demonstrate the most effective methods and techniques in alcohol and drug abuse prevention, and to develop exemplary alcohol and drug abuse prevention programs. To maximum extent practicable, funds expended under this subsection shall be used for grants and programs reflecting various services to individuals proportionate to relative numbers of individuals served within and outside of standard metropolitan statistical areas. "(e)(1) In order to carry out the provisions of this Act, there is established in the Office of Education an Office of Alcohol and Drug Abuse Education (hereafter in this section referred to as the 'Office'). The Office shall be headed by a Director. "(2) The Director shall report directly to the Commissioner. "(3) The Office of Education shall provide the Office of Alcohol and Drug Abuse Education with sufficient staff and resources to carry out its responsibilities under this Act. "(4) In carrying out the provisions of this Act, the Director of such Office shall consult with the Directors of the National Institute on Alcohol Abuse and Alcoholism and the National Institute on Drug Abuse, and shall coordinate the activities of such Office with the activities of such Institutes to the extent feeisible. "(f) The Secretary shall assure cooperation and coordination between the Office of Education (acting through the Office of Alcohol and Drug Abuse Education) and the Alcohol, Drug Abuse, and Mental Health Administration (acting through the National Institute on Alcohol Abuse and Alcoholism and the National Institute on Drug Abuse) to identify and implement successful prevention programs and strategies, to identify research and development priorities, and to disseminate the results of such activities. The Secretary shall further assure that all such prevention programs and strategies which are school-based (assisted or conducted by the Department of Health, Education, and Welfare) shall, to the extent feasible, be coordinated throuq:h the Office of Education (acting through the Office of Alcohol and Drug Abuse Education).". (b) Section 3(h)(1) of such Act (as redesignated by subsection (a)) is amended— (1) by striking out "may" and inserting in lieu thereof "shall"; and (2) by striking out "not exceeding 1 per centum" and inserting in lieu thereof "of 3 per centum". (c)(1) The first sentence of section 3(i) (as redesignated by subsection (a)) is amended by striking out "and", and by insertina: before the period at the end thereof a comma and the following: "$10,000,000

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Page:United States Statutes at Large Volume 92 Part 1.djvu/507

 PUBLIC LAW 95-336—AUG. 4, 1978 for the fiscal year 1979; $14,000,000 for the fiscal year 1980; and $18,000,000 for the fiscal year 1981". (2) Subsection 3(i) of such Act (as redesignated by subsection (a)) is amended by inserting " (1) " after the subsection designation and by adding at the end thereof the following new paragraph s: " (2) To the maximum extent practicable, of the amount appropriated in any fiscal year under this subsection, sums shall be allotted for alcohol and d r u g abuse education projects reflecting various services to individuals proportionate to relative numbers of individuals served within and outside of standard metropolitan statistical areas. " (3) Funds appropriated under this subsection shall remain available for obligation through fiscal year 1981 in order to permit multiple year funding of projects under this Act.". SEC. 5. Section 8(c) of the Alcohol and D r u g Abuse Education Act (21 U.S.C. 1007(c)) is amended by inserting "the Northern Mariana Islands," immediately after "the Virgin Islands,". SEC. 6. (a) Section 420(a) of the H i g h e r Education Act of 1965 is amended by adding after paragraph (3) the following new paragraph: " (4) W i t h respect to any academic year beginning on or after July 1, 1978, and ending on or before September 30, 1980, each institution which has qualified for payment under this section for the preceding year shall be entitled during such period, notwithstanding the provisions of paragraph (1)(A), to a payment under this section if— " (A) the number of persons referred to in paragraph (1) equals at least the number which bears the same ratio to the number of such recipients who were in attendance at such institution during the first academic year in which the institution was entitled to payments under this section as the number of such recipients in all institutions of higher education during the academic year for which the determination is made bears to the number of such recipients in all institutions of higher education for the first such academic year; or " (B) in the event that clause (A) of this paragraph is not satisfied, the Commissioner determines, on the basis of evidence presented by such institution, that such institution is making reasonable efforts, taking into consideration the extent to which the number of persons referred to in such paragraph (1) falls short of meeting the ratio criterion set forth in such clause (A), to continue to recruit, enroll, and provide necessary services to veterans.", (b) Clause (1) of section 310(b) of the G I Bill Improvement Act of 1977 (91 Stat. 1446) is amended by inserting at the end of subsection (a) of the new section 246, which was conditionally added to title 38, United States Code, by such clause, a new paragraph as follows: " (3) W i t h respect to any academic year beginning on or after July 1, 1978, and ending on or before September 30, 1980, each institution which has qualified for payment under this section for the preceding year shall be entitled during such period, notwithstanding the provisions of paragraph (1)(A), to a payment under this section if— " (A) the number of persons referred to in paragraph (1) equals at least the number which bears the same ratio to the number of such recipients who were in attendance at such institution during: the first academic year in which the institu-

92 STAT. 453

Ante, p. 452.

Funds, availability.

20 USC

1070e-l.

38 USC 246.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/508

 92 STAT. 454

PUBLIC LAW 95-336—AUG. 4, 1978

tion was entitled to payments under this section as the number of such recipients in all institutions of higher learning during the same academic year for which the determination is made bears to the number of such recipients in all institutions of higher learning for the first such academic year; or "(B) in the event that clause (A) of this paragraph is not satisfied, the Administrator determines, on the basis of evidence presented by such institution, that such institution is making reasonable efforts, taking into consideration the extent to which the number of persons referred to in such paragraph (1) falls short of meeting the ratio criterion set forth in such clause (A), to continue to recruit, enroll, and provide necessary services to veterans.". Effective date. (c) The amendments made by this section shall be effective with 20 USC 1070e-l respect to payments to which institutions are entitled as of June 30, note. ^g/^g Approved August 4, 1978.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-884 (Comm. on Education and Labor). SENATE REPORT No. 95-819, accompanying S. 2915 (Comm. on Human Resources). CONGRESSIONAL RECORD, Vol. 124 (1978): Feb. 21, considered and passed House. May 23, considered and passed House, amended in lieu of S. 2915. July 24, House concurred in Senate amendment.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/509

 PUBLIC LAW 95-337—AUG. 4, 1978

92 STAT. 455

Public Law 95-337 95th Congress An Act To declare that all right, title, and interest of the United States in two thousand seven hundred acres, more or less, are hereby held in trust for the Paiute and Shoshone Tribes of the Fallon Indian Reservation and Colony, Fallon, Nevada, to promote the economic self-sufficiency of the Paiute and Shoshone Tribes, and for other purjwses.

Be it enacted by the Senate and House of Representatives of the United States of ATuercia in Congress assembled, That (a) subject to valid existing rights, all right, title, and interest of the United States in two thousand seven hundred acres, more or less, described below are hereby declared to be held in trust for the Paiute and Shoshone Tribes of the Fallon Indian Reservation and Colony, Nevada: MOUNT DIABLO MERDJIAN

Township 19 north, range 29 east, section 29, south half northwest quarter northwest quarter and the southwest quarter northwest quarter: Township 19 north, range 30 east, section 2, northwest quarter; section 3, north half and southwest quarter; section 4, all; section 8, north half and southwest quarter; Township 20 north, range 30 east; section 33, south half; section 34, south half; section 35, west half southeast quarter and southwest quarter. (b) Notwithstanding any other provision of this Act, the United States shall be entitled to use, without compensation, for so long as necessary, as determined by the Secretary of the Interior, four acres, more or less, of such lands referred to in subsection (a) for irrigation canal purposes. SEC. 2. The lands held in trust pursuant to this Act shall be included in and deemed a part of the Fallon Indian Reservation and Colony, Nevada. SEC. 3. The Paiute and Shoshone Tribes of the Fallon Indian Reservation and Colony shall hereafter be entitled, beginning on October 1, 1978, to the revenues to be received by the United States under any existing lease, contract, permit, right-of-way, or easement covering lands declared to be held in trust by this Act. In the event that such trust lands do not cover all of the land embraced within any such lease, contract, permit, right-of-way, or easement, said tribes shall hereafter be entitled, beginning on October 1, 1978, to the proportionate amount of the revenues to be received by the United States under any existing lease, contract, permit, right-of-way, or easement which results from multiplying the total of such revenues by a fraction in which the numerator is the acreage of such lease, contract, permit, right-of-way, or easement which is included in the land declared to be held in trust pursuant to this Act and the denominator is the total acreage contained in such lease, contract, permit, right-of-way, or easement.

Aug. 4, 1978 [S. 785]

Paiute and Shoshone Tribes, Fallon Indian Reservation and Colony, Nev. Lands in trust.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/510

 92 STAT. 456

PUBLIC LAW 95-337—AUG. 4, 1978 SEC. 4. The Fallon Paiute and Shoshone Tribes Business Council or the Secretary of the Interior, acting at the request of the tribes, is authorized to acquire, with funds provided by the Fallon Paiute and Shoshone Tribes, through purchase, gift, or exchange, the water rights appurtenant to any allotted lands within the boundaries of the Fallon Indian Reservation. The title to all water rights acquired, transferred, or developed under the authority of this Act shall be held in trust by the United States for the benefit of the Paiute and Shoshone Tribes of the Fallon Indian Reservation in Nevada. Nothing in this Act shall be construed to permit the transfer of water rights from lands within the existing Fallon Indian Reservation to lands added to the reservation by this Act. SEC. 5. (a) The Fallon Paiute and Shoshone Tribes Business Council or the Secretary of the Interior, acting at the request of the tribes, is authorized to acquire, with funds provided by the Fallon Paiute and Shoshone Tribes, through purchase, gift, or exchange any lands or interest in lands within the boundaries of the Fallon Indian Reservation in Nevada for the purpose of consolidating landholdings, eliminating fractionated heirship interests in Indian trust lands, providing land for any tribal program for the improvement of the economy of the tribe and its members through the development of industry, recreational facilities, housing projects, and the general rehabilitation and enhancement of the total resource potential of the reservation. Title to any land acquired under the authority of this Act shall be taken in the name of the United States in trust for the Paiute and Shoshone Tribes of the Fallon Indian Reservation in Nevada. (b) Nothing in this section or section 4 of this Act shall confer any authority or impose any requirement on the Secretary to exchange, dispose of, or otherwise utilize other lands or interests therein under his administration in connection with any exchange, disposal, or acquisition of Indian trust land or interests therein authorized by this section and section 4 of this Act. Nothing in this section or in section 4 of this Act shall supersede or repeal by implication the requirements of the Act of October 21, 1976 (90 Stat. 2743). Any acquisition or exchange pursuant to this section or section 4 of this Act which involves public lands or interests therein as defined in the Act of October 21, 1976, shall also meet the requirements of said 1976 Act. SEC. 6. Nothing in this Act shall affect rights subject to adjudication in United States against Alpine Land and Reservoir Company, et al.. Equity No. D-183, U.S. Dist. Ct., Nevada, and United States against Truckee-Carson Irrigation District, et al., Civ. No. R-2987, U.S. Dist. Ct., Nevada.

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Page:Hockey, Canada's Royal Winter Game.djvu/3

LIST OF ILLUSTRATIONS AND SKETCHES OF TEAMS.

☘

 * 1) Cover—A Hockey Player.
 * 2) Frontispiece—A Match in Victoria Rink
 * 3) Page 10—The Victorias of Montreal in 1881
 * 4) "16—The Arena Rink in Montreal.
 * 5) "22—"Ye gude olde days."
 * 6) "36—The Shamrock Hockey Club of Montreal
 * 7) "40—The Victoria         "       "          "
 * 8) "46—A Dream of the Future.
 * 9) "50—The Montreal Hockey Club of Montreal
 * 10) "62—The Victoria          "     "          Winnipeg.
 * 11) "76—The Quebec          "     "          Quebec.
 * 12) "83—The Ottawa, Jr.      "     "          Ottawa.
 * 13) "84—The Ottawa           "     "                "
 * 14) "92—The Queen's College Hockey Club of Kingston.
 * 15) "96—The "Wanderers" Hockey Club of Halifax.
 * 16) "108—The Toronto Varsity Hockey Club of Toronto.