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198-5

PUBLIC LAW 91-231-IMPLEMENTATION

COMMISSIONED OFFICERS WHO HAVE B E E N CREDITED WITH OVER 4 YEARS' ACTIVE SERVICE AS ENLISTED MEMBERS

Years of service computed under section 205 Pay Grade Over 4 0-3 0-2 0-1

Over 6 $839. 70 731.40 616.50

$801.60 716.40 577.20

Over 10

Overs $870.00 754.50 639.60

Over 12

$916.80 793.80 662.40

$962.40 824. 70 685.50

COMMISSIONED OFFICERS WHO HAVE B E E N CREDITED WITH OVER 4 YEARS' ACTIVE SERVICE AS ENLISTED MEMBERS

Years of service computed under section 205 Pay Grade Over 14 0-3 0-2 0-1

Over 16

$1,001.10 847.50 716.40

Over 20

Over 18 $1,001.10 847. 50 716. 40

$1,001.10 847.50 716.40

$1,001.10 847. 50 716.40

COMMISSIONED OFFICERS WHO HAVE B E E N CREDITED WITH OVER 4 YEARS' ACTIVE SERVICE AS ENLISTED MEMBERS

Years of service computed under section 205 Pay Grade

Over 22 $1,001.10 847.50 716.40

0-3 0-2 0-1

0 ver30

Over 26 $1,001.10 847.50 716.40

$1,001.10 847. 50 716.40

WARRANT OFFICERS

Years of service computed under section 205

Pay Grade

2 or less $617.40 561.30 491.70 409.50

W-4 W-3 W-2 W-1

Over 2 $662.40 609.00 531.60 469.80

Over 3 $662.40 609.00 531.60 469.80

Over 4

Over 6

$677. 70 616.50 547.20 508.80

$708.30 624.00 577. 20 531.60

WARRANT OFFICERS

Years of service computed under section 205

Pay Grade

Over 8 $739.50 669.60 609.00 554.70

W-4. W-3 W-2 W-1

Over 10 $770.10 708.30 632.10 577.20

Over 12 $824. 70 731.40 654.90 600.90

Over 14

Over 16

$862. 50 754.60 677. 70 624.00

$893.40 777.30 701.10 647.10

WARRANT OFFICERS

Years of service computed under section 205

Pay Grade

Over 18 $916.80 801.60 723.90 669.60

W-4 W-3 W-2 W-1

Over 20 $947.40 832.20 747.00 693.30

Over 22 $978. 60 862. 50 777.30 693.30

Over 26

Over 30

$1,054. 50 893.40 777.30 693.30

$1,054. 60 893.40 777.30 693. 30

ENLISTED MEMBERS

Years of service computed under section 205

Pay grade E-9» E-8 E-7 E-6 E-5 E-4 E-3 E-2 E-1 E-1 (Under 4 months') _

2 or less

.

$369.90 318.90 275.40 231.60 167.70 138.30 133.20 124.50

Over 2

$443.40 387.30 339.30 290.10 233.70 193. 50 177.00

Over 3

$459.90 403.20 355. 50 306.60 249.90 193.60 177.00

Over 4

$476.10 419.70 371.10 330.60 266.40 193. 50 177.00

Over 6

$492.30 435.90 395.40 347.10 266.40 193.50 177.00

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PUBLIC LAW 91-231-IMPLEMENTATION

[84 STAT.

ENLISTED MEMBERS

Years of service computed under section 205 Pay grade

Overs

E-9» E-8 E-7 E-6 E-5 E-4 E-3 E-2 E-1

Over 10

$588.60 507.90 451.80 411.60 347.10 266.40 193.50 177.00

$701.40 605.10 524.10 468.30 427.80 347.10 266.40 193. 50 177.00

Over 12

Over 14

$717. 60 621. 00 540.90 492.30 443.40 347.10 266.40 193. 50 177.00

Over 16 $750.30 653.70 580.80 524.10 451.80 347.10 266.40 193. 50 177.00

$734.10 637.50 564.90 507.90 451.80 347.10 266.40 193. 50 177.00

ENLISTED MEMBERS

Pay grade

Years of service computed under section 205 Over 20

Over 18 $767.10 669.30 597.00 532.50 451.80 347.10 266.40 193.50 177.00

E-9> E-8 E-7 E-6 E-5 E-4 E-3 E-2... E-1

$782.10 685.80 605.10 532.50 451.80 347.10 266.40 193. 50 177.00

Over 22

Over 26

$823.50 726.30 645.60 532.50 451.80 347.10 266.40 193.50 177.00

$903. 60 807.00 726.30 532.50 451. 80 347.10 266.40 193. 50 177.00

Over 30 $903.60 807.00 726.30 532.50 451.80 347.10 266.40 193. 50 177.00

1 While serving as Sergeant Major of the Army, Master Chief Petty Officer of the Navy, Chief Master Sergeant of the Air Force, or Sergeant Major of the Marine Corps basic pay for this grade is $1,098.30 regardless of ciunulative years of service computed under section 205 of this title.

Lump-sum leave, g^c. 2. (a) A persoii who became entitled after December 31, 1969, prohibuionr^^' but before the date of enactment of the Federal Employees Salary Act Ante, p. 195. of 1970, to payment for items such as lump-sum leave, reenlistment and variable reenlistment bonus, continuation pay, any tj^pe of separation pay, or six months death gratuity, shall not be entitled to any increase in any such payment by virtue of this order. (b) Authority to prescribe other rules for payment of retroactive compensation shall be exercised for the uniformed services by the Secretary of Defense. Entitlement to retroactive pay under such rules shall be subject to the provisions of section 5 of the Federal Employees Salary Act of 1970, and shall conform as nearly as may be practicable to the provisions of Section 7 of the Act of December 16, 1967, 81 Stat. 37 USC 203 note.

Effective date.

654.

SEC. 3. This Order shall take effect January 1, 1970.

(/tLjL/"-7C:y^ THE W H I T E HOUSE,

April 15, 1970.

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


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PUBLIC LAW91-234-APR. 23, 1970

Public Law 91-232 AN ACT To amend the District of Columbia Bail Agency Act to provide additional funds for the District of Columbia Bail Agency for fiscal year 1970.

Be it emicted by the Senate and House of Representatives of the United States of America in Congress assembled,. That section 9 of the District of Columbia Bail Agency Act (D.C. Code, sec. 23-908) is amended by striking out ", but not to exceed $130,000 in any one fiscal year,". Approved April 15, 1970,

April 15, 1970 [ H. R. 16612]

D.C. Bail Agency Act, amendment. 80 Stat. 329; Post, p. 654.

Public Law 91-233 AN ACT To amend the Agricultural Act of 1949 with regard to the use of dairy products, and for other purposes.

Be It enacted by the Senate and House of Representatives of the United States of America In Congress assembled, That section 416 of the Agricultural Act of 1949, as amended (7 U.S.C. 1431), is amended by adding at the end thereof the following: "Dairy products acquired by the Commodity Credit Corporation through price support operations may, insofar as they can be used in the United States in nonprofit school lunch and other nonprofit child feeding programs, in the assistance of needy persons, and in charitable institutions, including hospitals, to the extent that needy persons are served, be donated for any such use prior to any other use or disposition." Approved April 17, 1970.

April 17, 1970 [S. 2595]

Agricultural Act of 1949, amendment. 68 Stat. 458; 80 Stat. 1538.

Public Law 91-234 AN ACT

,

.,,,,„,„

April 23, 1970

To amend the Railway Labor Act in order to change the number of carrier representatives and labor organization representatives on the National Railroad Adjustment Board, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That subsection (a) of section 3, First, of the Railway Labor Act is amended by striking out "thirty-six members, eighteen of whom shall be selected by the carriers and eighteen" and inserting in lieu thereof "thirty-four members, seventeen of whom shall be selected by the carriers and seventeen." SEC. 2. Subsection (b) of said section 3, First, is amended by inserting the word "voting" ahead of the words "representative on any division of the Board.". SEC. 3. Subsection (c) of said section 3, First, is amended by adding the following at the start thereof: "Except as provided in the second paragraph of subsection (h) of this section," and inserting the word "voting" ahead of the words "representative on any division of the Board.". S E C 4. The second paragraph of subsection (h) of said section 3, First, is amended by amending the last sentence thereof to read as follows: "This division shall consist of eight members, four of whom

47-348 O - 72 - 17 (Pt. 1)

[H. R. 15349]

National Railroad Adjustment Board representatives. Composition change. 48 Stat. 1189. 45 USC 153.

Selection method.

First Division.

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 200

48 Stat. 1186; ^"^45'use "s^ra, 152.

48 Stat. 1191. 45 USC 153.

PUBLIC LAW 91-235-APR. 24, 1970

[84 STAT.

shall be selected and designated by the carriers and four of whom shall be selected and designated by the labor organizations, national in scope and organized in accordance with section 2 hereof and which represent employees in engine, train, yard, or hostling service: Provided, hoic('V€i\ That each labor organization shall select and designate two members on the First Division and that no labor organization shall have more than one vote in any proceedings of the First Division or in the adoption of any award with respect to any dispute submitted to the First Division: Provided further\ Jiowever^ That the carrier members of the First Division shall cast no more than two votes in any proceedings of the division or in the adoption of any award with respect to any dispute submitted to the First Division." bEC. 5. Subsection (k) of said section 3, First, is amended by inserting the words "except as provided in paragraph (h) of this section," after the words "''Provided, however, That." SEC. 6. Subsection (n) of said section 3, First, is amended by inserting the words "eligible to vote" after the words "Adjustment Board." Approved April 23, 1970.

Public Law 91-235 April 24, 1970 [H. R. 8654]

T^ertment of certain individuais as combaf zone. 68A Stat. 341165.*° ^'^' 26 USC 112, 692, 2201, 7508.

AN ACT To provide that, for purposes of the Internal Revenue Code of 1954, hidividuals who were iliegally detained during 1968 by the Democratic People's Republic of Korea shall be treated as serving in a combat zone. Be it enacted by the Senate and Home of Representatives of the United States of America in Congress assembled. That, for purposes of sectious 112, 692, 2201, and 7508 of the Internal Revenue Code of 1954, iudivlduals who were removed from a United States vessel and illegally detained (or who died while being illegally detained) by the Dcmocratic People's Republic of Korea at any time during the calendar year 1968 shall be treated while so detained as serving in an area designated by the President of the United States by Executive order as .^ couibat zoue for purposes of section 112 and during the period designated by the President by Executive order as the period of combatant activities in such zone for purposes of such section. SEC. 2. The provisions of this Act shall apply— (1) for purposes of section 112 of such Code, with respect to compensation received for periods of active service after December 31, 1967, in taxable years ending after such date; (2) for purposes of sections 692 and 2201 of such Ccxle, with respect to decedents dying after December 31, 1967; and (3) for purposes of section 7508 of such Code, with respect to individuals who were detained after December 31, 1967. Approved April 24, 1970.

Public Law 91-236 ^.,,,,„,„

JOINT RESOLUTION

April 27, 1970

[H. J. Res. 251] To aiithorize the President to proclaim the last Friday of April 1970 as "National Arbor Day". Resolved by the Se7uite and House of Representatives of the United National Arbor Sttttes of America in Congress assembled, That the President is hereby Proclamation. authoHzed and requested to issue a proclamation designating the last Friday of April 1970 "National Arbor Day" and calling upon the people of the United States to observe such day with appropriate ceremonies and activities. Approved April 27, 1970.

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PUBLIC LAW 91-238-MAY 4, 1970

Public Law 91-237 AN ACT To provide that the Federal Office Building and United States Courthouse in Chicago, Illinois, shall be named the "Everett McKinley Dirksen Building".

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Federal Office Building and United States Courthouse at 219 South Dearborn Street in Chicago, Illinois, shall be renamed the "Everett McKinley Dirksen Building" in memory of the late Everett McKinley Dirksen, a distinguished Member of the United States House of Representatives from the State of Illinois from 1933 to 1949 and of the United States Senate from 1950 to 1969. Any reference to the Federal Office Building and United States Courthouse at 219 Soujth Dearborn Street in Chicago, Illinois, in any law, regulation, document, record, map, or other paper of the United States shall be deemed a reference to such building as the "Everett McKinley Dirksen Building". SEC. 2. Upon a determination that a local educational agency lacks the fiscal capacity to provide an adequate free public education for children of persons who live and work on Federal property, and if such children constitute not less than 25 percent of the total enrollment, the Secretary of Health, Education, and Welfare shall from sums already available make emergency payments for the current school year to such local educational agency as may be necessary to provide a free public education for such children: Provided, That the total of such payments shall not exceed $2,500,000 and shall not exceed the average per pupil cost to such agency for all children eligible to receive a free public education from such agency, less Federal and State payments to such agency for free public education. Approved May 1, 1970.

May 1. 1970 [S. 3253]

Everett McKinley Dirksen Building;. Designation.

Impacted areas;, Emergency school payments by HEW, fiscal 1970.

Limitation.

Public Law 91-238 AN ACT To authorize the Secretary of the Interior to permit the removal of the Francis Asbury statue, and for other purposes.

May 4, 1970 [S. 1968]

Be it enacted by the Senate <md House of Representatives of the F r a n c i s Asbury United States of America in Congress assembled. That the Secretary s t a t u e, removal. of the Interior is authorized to permit the removal of the statue of Francis Asbury erected, pursuant to the Act of February 28, 1919 (40 Stat. 1213), on lands in the District of Columbia now under the administrative jurisdiction of the National Park Service, and to convey without compensation title to said statue to the Methodist Corporation, a religious corporation duly organized and existing under the laws of the District of Columbia, upon such terms and conditions as the Secretary deems necessary. The removal of the statue and restoration of the site to the satisfaction of the Secretary.shall be without cost to the United States. Approved May 4, 1970.

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PUBLIC LAW 91-239-IVIAY 6, 1970

[84 STAT.

Public Law 91-239 May 6, 1970 [S. 2306]

International animal quarantine station. Establishment.

Acceptance of gifts, e t c.

Cooperation with b r e e d e r s ' organizations.

Collection of fees.

Regulations.

Smuggling penalties. 62 Stat. 716; 68 Stat. 782.

Appropriation.

AN ACT To provide for the establishment of an international quarantine station and to permit the entry therein of animals from any country and the subsequent movement of such animals into other parts of the United States for purposes of improving livestock breeds, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of Ameiica in Congress assembled, That the Secretary of Agriculture is authorized, in his discretion, to establish and maintain an international animal quarantine station within the territory of the United States. The quarantine station shall be located on an island selected by the Secretary of Agriculture where, in his judgment, maximum animal disease and pest security measures can be maintained. The Secretary of Agriculture is authorized to acquire land or any interest therein, by purchase, donation, exchange, or otherwise and construct or lease buildings, improvements, and other facilities as may be necessary for the establishment and maintenance of such quarantine station. The Secretary of Agriculture, on behalf of the United States, is authorized to accept any gift or donation of money, personal property, buildings, improvements, and other facilities for the purpose of conducting the functions authorized under this Act. Notwithstanding the provisions of any other law to prevent the introduction or dissemination of livestock or poultry disease or pests, animals may be brought into the quarantine station from any country, including but not limited to those countries in which the Secretary of Agriculture determines that rinderpest or foot-and-mouth disease exists, and subsequently moved into other parts of the United States, in accordance with such conditions as the Secretary of Agriculture shall determine are adequate in order to prevent the introduction into and the dissemination within the United States of livestock or poultry diseases or pests. The Secretary of Agriculture is authorized to cooperate in such manner as he deems appropriate, with other North American countries or with breeders' organizations or similar organizations or with individuals within the United States regarding importation of animals into and through the quarantine station and to charge and collect reasonable fees for use of the facilities of such station from importers. Such fees shall be deposited into the Treasury of the United States to the credit of the appropriation charged with the operating expenses of the quarantine station. The Secretary is authorized to issue such regulations as he deems necessary to carry out the provisions of this Act. SEC. 2. The provisions and penalties of section 545 of title 18, United States Code, shall apply to the bringing of animals to the quarantine station or the subsequent movement of animals to other parts of the United States, including Puerto Rico, Guam, and the Virgin Islands, contrary to the conditions prescribed by the Secretary in regulations issued hereunder. SEC. 3. There are hereby authorized to be appropriated such sums as are necessary to cari'y out the provisions of this Act. Approved May 6, 1970.

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PUBLIC LAW 91-242-MAY 9, 1970

203

Public Law 91-240 AN ACT

j^gy 7_ jg^Q

To provide for disposition of estates of intestate members of the Cherokee, Chickasaw, (Choctaw, and Seminole Nations of Oklahoma dying without heirs.

[H. R. 4145]

Be it enacted by the Senate and House of Representatives of the United States of America in Cooigress assembled, That upon the final determination of a court having jurisdiction or by decision of the Secretary of the Interior after a period of five years from the death of the decedent, it is determined that a member of the Cherokee, Chickasaw, Choctaw, or Seminole Nations or Tribes of Oklahoma or a person of the blood of said tribes has died intestate without heirs, owning trust or restricted Indian lands in Oklahoma or an interest therein or rents or profits therefrom, such lands, interests, or profits shall escheat to the Nation or tribe from which title to the trust or restricted Indian lands or interest therein was derived and shall be held thereafter in trust by the United States for said nation or tribe. Approved May 7, 1970.

^^^.^^^ ~^j. okia. intestate mem"Isposition of estates.

Public Law 91-241 AN ACT To amend title 38, United States Code, to liberalize the conditions under which the administrator of Veterans' Affairs is required to effect recoupment from disability compensation otherwise payable to certain disabled veterans.

[H. R. 10912]

Be it enacted by the Senate and House of Representatives of the U7\ited States of America in Congress assembled. That chapter 11 of • • • 79 title 38, United States Code, is amended by adding the following new 76 Stat. 406. ' section at the end thereof: 38 USC 301-360. "§ 361. Payment of disability compensation in disability severance cases "The deduction of disability severance pay from disability compensation, as required by section 1212(c) of title 10, United States Code, shall be made at a monthly rate not in excess of the rate of 70A Stat. 99. compensation to which the former member would be entitled based on the degree of his disability as determined on the initial Veterans' Administration rating." Approved May 7, 1970. •*•

^tat

1117*

Public Law 91-242 AN ACT To extend for four years the period of time during which certain requirements shall continue to apply with respect to applications for a license for an activity which may affect the resources of the Hudson Riverway, and for other purposes.

,, „,„,„ May 9, 1970 [H. R. 13106]

Be it enacted by the Senate and House of Representatives of the Hudson RiverUnited States of America in Congress assembled, That section 5 of the way. Act of September 26, 1966 (Public Law 89-605; 80 Stat. 848), is License requireamended by striking out "three years after the date of this Act" and ^0"*.^' ^'''^"" inserting in lieu thereof "seven years after the date of this Act". SEC. 2. Section 3 of such Act of September 26, 1966 (Public Law ^^1^°"^' "'^"" 89-605; 80 Stat. 848), is amended by striking out "July 1, 1968" and inserting in lieu thereof "July 1, 1970, and annually thereafter,". Approved May 9, 1970.

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Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Act of October 15, 1966 (80 Stat. 915; 16 U.S.C. 470) is amended as follows:

(a) Section 108 is amended by deleting the first sentence and inserting in lieu thereof the following: “There are authorized to be appropriated not more than $7,000,000 to carry out the provisions of this title for fiscal year 1971, $10,000,000 for fiscal year 1972, and $15,000,000 for fiscal year 1973.”.

(b) Section 201(a) is amended by—
 * (1) striking out “seventeen” and inserting “twenty”;
 * (2) inserting after paragraph (6) the following:
 * “(7) The Secretary of Agriculture
 * “(8) The Secretary of Transportation
 * “(9) The Secretary of the Smithsonian Institution; and”
 * (3) redesignating paragraphs “(7)” and “(8)” as “(10)” and “(11)”, respectively.

(c) Section 201(b) is amended by striking out “(6)” and inserting “(10)”.

(d) Section 201(c) is amended by striking out “(8)” and inserting “(11)”.

(e) Section 201(f) is amended by striking out “Eight” and inserting “Eleven”.

(f) Section 204 is amended by striking out “(7)” in the first sentence and inserting “(10)”, and by striking out “(8)” in the second sentence and inserting “(11)”.

(g) Section 205(d) is amended by striking out “(6)” in the first sentence and inserting “(9)”.

2. The following new section is added to the Act of October 15, 1966, supra:

“ 206. (a) The participation of the United States as a member in the International Centre for the Study of the Preservation and Restoration of Cultural Property is hereby authorized.

“(b) The Council shall recommend to the Secretary of State, after consultation with the Smithsonian Institution and other public and private organizations concerned with the technical problems of preservation, the members of the official delegation which will participate in the activities of the Centre on behalf of the United States. The Secretary of State shall appoint the members of the official delegation from the persons recommended to him by the Council.

“(c) For the purposes of this section, there are authorized to be appropriated not more than $100,000 annually for fiscal year 1971 and for each of the two succeeding fiscal years.”

Approved May 9, 1970.


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PUBLIC LAW 91-244-MAY 9, 1970

205

Public Law 91-244 AN ACT To provide for the striking of medals in commemoration of the many contributions to the founding and early development of the State of Texas and the city of San Antonio by Jose Antonio Navarro.

Be it enacted by the SeTiate and House of Representatives United States of America in Congress assembled,

of the

MEDALS AUTHORIZED

1. In commemoration of the many contributions to the founding and early development of the State of Texas and the city of San Antonio by Jose Antonio Navarro (a signer of the Texas Declaration of Independence, a representative to the Texas Congress, a senator before and after the annexation of Texas, a participant of the constitutional convention of 1845, and in the highest sense, a noble man, one of the few Mexican patriots who stood by Texas in her struggle for liberty), the Secretary of the Treasury (referred to in this Act as the Secretary) shall furnish medals in accordance with this Act to the San Antonio Conservation Society (referred to in this Act as the society). The medals authorized under this Act are national medals within the meaning of section 3351 of the Revised Statutes (31 U.S.C. 368). SECTION

DESIGN AND MATERIALS

SEC. 2. The medals shall bear such emblems, devices, and inscriptions, shall be of such size or sizes, and shall be made of such materials as the society may determine with the approval of the Secretary. MINIMUM QUANTITIES

SEC. 3. Except for such quantities, if any, of gold or silver medals as may be approved by the Secretary, the medals may not be made in quantities of less than two thousand nor in an aggregate quantity greater than one hundred thousand. They shall be made and delivered at such times as may be required by the society, but no medals shall be made after December 81, 1970. DETERMINATION OF COST; SECURITY FOR P A ' Y M E N T

SEC. 4. The medals shall be furnished at a price or prices equal to the costs of manufacture as estimated by the Secretary, including labor, materials, dies, use of machinery, and overhead expenses. The medals may not be made unless security satisfactory to the Secretary is furnished to indemnify the United States for full payment of these costs. Approved May 9, 1970.

jyjay y^ J 970 TH. R. 13959]

Antonio Navarro. San Antonio, Commemoration medals.

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PUBLIC LAW 91-245-MAY 12, 1970

[84 STAT.

Public Law 91-245 May 12, 1970 [s- 1193]

^^ ACT To authorize the Secretary of the Interior to prevent terminations of oil and gas leases in oases wiiere there is a nominal deficiency in the rental payment, and to authorize him to reinstate under some conditions oil and gas leases terminated by operation of law for failure to pay rental timely.

Be it enacted by the Senate and House of Representatives of the Actl^amendments^ United States of America in Congress assembled, That section 31(b) ^ Q of the Mineral Leasing Act of 1920 (41 Stat. 460), as amended (30 76 stat^ 943. ' U.S.C. 188 (b)), is amended by changing the period at the end thereof to a colon and adding the following: '•'•Provided, That if the rental payment due under a lease is paid on or before the anniversary date but either (1) the amount of the payment has been or is hereafter deficient and the deficiency is nominal, as determined by the Secretary by regulation, or (2) the payment was calculated in accordance with the acreage figure stated in the lease, or in any decision affecting the lease, or made in accordance with a bill or decision which has been rendered by him and such figure, bill, or decision is found to be in error resulting in a deficiency, such lease shall not automatically terminate unless (1) a new lease had been issued prior to the date of this Act or (2) the lessee fails to pay the deficiency within the period prescribed in a notice of deficiency sent to him by the Secretary." ie?iir"?efr SEC. 2. Section 31(c) of the Mineral Leasing Act of 1920 (41 Stat. statement. 450), as amended (30 U.S.C. 188(c)), is amended to read as follows: 76 Stat. 9 4 3. "(c) Where any lease has been or is hereafter terminated automatically by operation of law under this section for failure to pay on or before the anniversary date the full amount of rental due, but such rental was paid on or tendered within tw-enty days thereafter, and it is showui to the satisfaction of the Secretary of the Interior that such failure was either justifiable or not due to a lack of reasonable diligence on the part of the lessee, the Secretary may reinstate the lease if— "(1) a petition for reinstatement, together with the required rental, including back rental accruing from the date of termination of the lease, is filed with the Secretary; and "(2) no valid lease has been issued affecting any of the lands covered by the terminated lease prior to the filing of said petition. The Secretary shall not issue any new lease affecting any of the lands covered by such terminated lease for a reasonable eriod, as determined m accordance with regulations issued by im. I n any case where a reinstatement of a terminated lease is granted under this subsection and the Secretary finds that the reinstatement of such lease will not afford the lessee a reasonable opportunity to continue operations under the lease, the Secretary may, at his discretion, extend the term of such lease for such period as he deems reasonable: Provided, That (A) such extension shall not exceed a period equivalent to the time b e ^ n n i n g when the lessee knew or should have known of the termination and ending on the date the Secretary grants such petition; (B) such extension shall not exceed a period equal to the unexpired portion of the lease or any extension thereof remaining at the date of termination; and (C) when the reinstatement occurs after the expiration of the term or extension thereof the lease may be extended from the date the Secretary grants the petition." Approved May 12, 1970.

E

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PUBLIC LAW 91-248-MAY 14, 1970

207

Public Law 91-246 AN ACT To amend the A n u s Control and D i s a r m a m e n t Act in order to extend the authorization for appropriations.

^gy j2, 1970 [s. 3544]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the second sentence of section 49(a) of the Arms Control and Disarmament Act, as ^ amended (22 U.S.C. 2589(a)), is amended by inserting immediately 32 stat^'i2^9' ' after "$18,500,000", the following: ", and for the two fiscal years 1971 and 1972, the sum of $17,500,000,". Approved May 12, 1970.

Public Law 91-247 AN ACT To authorize appropriations for certain maritime programs of the Deijartment of Commerce.

^^y j3_ jg^Q [H. R. 15945]

Be it enacted by the Senate ami House of Representatives of the Lhilted States of America In Congress assemhted. That funds are hereby paru^nf maritime authorized to be appropriated without fiscal year limitation as the programs. appropriation Act may provide for the use of the Department of authoHz^'tTon"" Commerce, for the fiscal year 1971, as follows: (a) ac(juisition, construction, or reconstruction of vessels and construction-differential subsidy and cost of national defense features incident to the construction, reconstruction, or reconditioning of ships, $199,500,000; (b) payment of obligations incurred for ship operation subsidies, $193,000,000; (c) expenses necessary for research and development activities (including reimbursement of the Vessel Operations Revolving Fund for losses resulting from expenses of experimental ship operations), $19,000,000; (d) reserve fleet expenses, $4,675,000; (e) maritime training at the Merchant Marine Academy at Kings Point, New York, $6,800,000;^ (f) financial assistance to State marine schools, $2,445,000; and (g) continued operation of nuclear ship Savannah (including reimbursement of the Vessel Operations Revolving Fund for losses resulting from.expenses of experimental ship operations), $4,000,000. Approved May 13, 1970.

Public Law 91-248 AN ACT

,,

,^,„,„

May 14, 1970

To amend the National Scliool Lunch Act and the Child Nutrition Act of 1966 to clarify responsibilities related to providing free and reduced-price meals and preventing discrimination against children, to revise program matching requirements, to strengthen the nutrition training and education benefits of the programs, and otherwise to strengthen the food service programs for children in schools and service institutions.

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

of the

[H. R. 5 1 5 ]

Food service programs for children.

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 208

PUBLIC LAW 91-248~MAY 14, 1970

[84 STAT.

A U T H O R I Z A ' n O N FOR ADVANCE APPROPRIATIONS; CARRYOVER AUTHORIZATION 76 Stat. 944;

82 Stat. 117. 42 USC 1752 8 0 Stat. 885. 42 USC 1771

note.

76 Stat. 945. 42 USC 1759,

1760.

1. (a) Section 3 of the National School Lunch Act is amended by inserting at the end thereof the following: "Appropriations to carry out the provisions of this Act and of the Child Nutrition Act of 1966 for any fiscal year are authorized to be made a year in advance of the beginning of the fiscal year in which the funds will become available for disbursement to the States. Notwithstanding any other provision of law, any funds appropriated to carry out the provisions of such Acts shall remain available for the purposes of the Act for which appropriated until expended." (b) The first sentence of section 10 of the National School Lunch Act and the first sentence of section 12(d)(5) of such Act are each amended by striking the words "preceding fiscal year" and inserting in lieu thereof the following: "fiscal year beginning two years immediately prior to the fiscal year for which the Federal funds are appropriated". SECTION

NONFOOD ASSISTANCE PROGRAM

sos'tauls?"."" 42 USC' 17 74.

Apportionment to states. 76 Stat. 944. 42 USC 1753.

AUTHORIZATION

^^^- ^- Sections 5(a) and 5(b) of the Child Nutrition Act of 1966 are amended to read as follows: " (a) There is hereby authorized to be appropriated for the fiscal year ending June 30, 1971, not to exceed $38,000,000, for the fiscal year ending June 30, 1972, not to exceed $33,000,000, for the fiscal year ending June 30, 1973, not to exceed $15,000,000, and for each succeeding fiscal year, not to exceed $10,000,000, to enable the Secretary to formulate and carry out a program to assist the States through grantsin-aid and other means to supply schools drawing attendance from areas in which poor economic conditions exist with equipment, other than land or buildings, for the storage, preparation, transportation, and serving of food to enable such schools to establish, maintain, and expand school food service programs. In the case of a nonprofit private school, such equipment shall be for use of such school principally in connection with child feeding programs authorized in this Act and in the National School Lunch Act, as amended, and in the event such equipment is no longer so used, it may be transferred to another nonprofit private school participating in any of such programs or to a public school participating fn any of such programs, or, failing either of these dispositions, that part of such equipment financed with Federal funds, or the residual value thereof, shall revert to the United StateSi " (b) The Secretary shall apportion 50 per centum of the funds appropriated for the purposes of this section among the States during each fiscal year on the same basis as apportionments are made under section 4 of the National School Lunch Act, as amended, for supplying agricultural and other foods. The remaining funds appropriated for

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 84 STAT. ]

PUBLIC LAW 91-248-MAY 14, 1970

209

the purposes of this section shall be apportioned to each State on the basis of the ratio between the number of children enrolled in schools without a food service in such State and the number of children enrolled in schools without a food service in all States. Payments to any State of funds apportioned for any fiscal year shall be made upon condition that at least one-fourth of the cost of any equipment financed under this subsection shall be borne by State or local funds." ADMINISTRATIVE E X P E N S E S. N U T R I T I O N EDUCATION, AND DIRECT EXPENDITURES

SEC. 3. The first sentence of section 6 of the National School Lunch 231. Act is amended to read as follows: "The funds provided by appro- 60 Stat. 1755. 42 USC priation or transfer from other accounts for any fiscal year for carrying out the provisions of this Act, and for carrying out the provisions of the Child Nutrition Act of 1966, other than section 3 thereof, less ^"'^' "• ^o^"(1) not to exceed 3i/^ per centum thereof which per centum is hereby made available to the Secretary for his administrative expenses under this Act and under the Child Nutrition Act of 1966; "(2) the amount apportioned by him pursuant to sections 4 and 5 of this Act and the amount appropriated pursuant to sec- 6o^stat'"23^i^^' tions 11 and 13 of this Act and sections 4, 5, and 7 of the Child 42 USC 1753, Nutrition Act of 1966; and ^ ^^^;, PP 211 "(3) not to exceed 1 per centum of the funds provided for 210. carrying out the programs under this Act and the programs ^^^osf. PP-214 under the Child Nutrition Act of 1966, other than section 3, which Ante, p. 208. per centum is hereby made available to the Secretary to supplement the nutritional benefits of these programs through grants to States and other means for nutritional training and education for workers, cooperators, and participants in these programs and for necessary surveys and studies of requirements for food service programs in furtherance of the purposes expressed in section 2 of this Act and section 2 of the Child Nutrition Act of 1966, „ ^o stat 230; HO S t a t

R8S

shall be available to the Secretary during such year for direct ex- 42 USC 1751, penditure by him for agricultural commodities and other foods to be 1^71. distributed among the States and schools and service institutions participating in the food service programs under this Act and under the Child Nutrition Act of 1966 in accordance with the needs as determined by the local school and service institution authorities." STATE M A T C H I N G

REQUIREMENTS

3EC. 4. Section 7 of the National School Lunch Act is further amended by inserting immediately before the last sentence of such section the following: " For the fiscal year beginning July 1, 1971, and the fiscal year beginning July 1, 1972, State revenue (other than revenues derived from the program) appropriated or utilized specifically for program purposes (other than salaries and administrative expenses at the State, as distinguished from local, level) shall constitute at least 4 per centum of the matching requirement; for each of the two succeeding fiscal years, at least 6 per centum of the matching requirement; for each of the subsequent two fiscal years, at least 8 per centum of the matching requirement; and for each fiscal year thereafter, at least 10 per centum of the matching requirement. The State revenues made available pursuant to the preceding sentence shall be disbursed to schools, to the extent the State deems practicable, in such manner that each school receives the same proportionate share of such revenues as it

J° ^^^ 23^^

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 210 76 Stat. 944; 42Vsc 1753. Post, p. 214. Ante, p. 208.

80 Stat. 888^

PUBLIC LAW 91-248-MAY 14, 1970

receives of the funds apportioned to the State for the same year under sectious 4 and 11 of the National School Lunch Act and sections 4 and 5 of the Child Nutrition Act of 1966." STATE A D M l N l S n t A T T V E

EXPENSES

SEC. 5. The first sentence of section 7 of the Child Nutrition Act of 2966 is amended (1) by inserting "or for the administrative expenses of any other designated State agency" immediately after "its administrative expenses"; and (2) by inserting "and service institutions" immediately after "local school districts". ADDITIONAL PROGRAM REQUIREMENTS AND

42 USC m s

82 Stat. 118.

80 Stat. 887. 42 USC 1

49 Stat. 774. 68"stat^45'8'. 7 USC 1431. 79 Stat. 1212. 7 USC 1446a-l.

[84 STAT.

AUTHORITY

SEC. 6. (a) The second sentence of section 9 of the National School Lunch Act (42 U.S.C. 1751) is amended by inserting "not exceeding 20 cents per meal" immediately after "or at a reduced cost". (b) Section 9 of the National School Lunch Act is further amended by inserting after the second sentence thereof the following: "Such determinations shall be made by local school authorities in accordance with a publicly announced policy and plan applied equitably on the basis of criteria which, as a minimum, shall include the level of family income, including welfare grants, the number in the family unit, and the number of children in the family unit attending school or service institutions; but, by January 1, 1971, any child who is a member of a household which has an annual income not above the applicable family size income level set forth in the income poverty guidelines shall be served meals free or at reduced cost. The income poverty guidelines to be used for any fiscal year shall be those prescribed by the Secretary as of July 1 of such year. I n providing meals free or at reduced cost to needy children, first priority shall be given to providing free meals to the neediest children. Determination with respect to the annual income of any household shall be made solely on the basis of an affidavit executed in such form as the Secretary may prescribe by an adult member of such household." (p) Section 13(f) of the National School Lunch Act is amended by inserting after the second sentence, a new sentence: "Such determinations shall be made by the service institution authorities in accordance with a publicly announced policy and plan applied equitably on the basis of criteria which, as a minimum, shall include the level of family income, including welfare grants, the number in the family unit, and the number of children in the family unit attending school or service institutions." (d) The third sentence of section 9 of the National School Lunch Act and the fourth sentence of section 13(f) of such Act and the fourth scntencc of section 4(e) of the Child Nutrition Act of 1966 are each amended by striking out the period at the end of the sentence and inserting in lieu thereof a comma and the following: "nor shall there be any overt identification of any such child by special tokens or tickets, announced or published lists of names, or other means." (e) Section 9 of the National School Lunch Act is further amended by inserting at the end thereof the following: "The Secretary is authorized to prescribe terms and conditions respecting the use of commodities donated under such section 32, under section 416 of the Agricultural Act of 1949, as amended, and under section 709 of the Food aud Agriculture Act of 1965, as amended, as will maximize the nutritional and financial contributions of such donated commodities

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 84 STAT. ]

PUBLIC LAW 91-248-MAY 14, 1970

in such schools and institutions. The requirements of this section relating to the service of meals without cost or at a reduced cost shall apply to the lunch program of any school utilizing commodities donated under any of the provisions of law referred to in the preceding sentence. None of the requirements of this section in respect to the amount for 'reduced cost' meals and to eligibility for meals without cost shall apply to nonprofit private schools which participate in the school lunch program under the provisions of section 10 until such time as the Secretary certifies that sufficient funds from sources other than children's payments are available to enable such schools to meet these requirements."

211

^° ^^^ ^^^^

SPECIAL ASSISTANCE

SEC. 7. Section 11 of the National School Lunch Act is amended to read as follows:

te^sm^g^^g""^42 USC 1759a.

"SPECIAL ASSISTANCE

"SEC. 11. (a) There are hereby authorized to be appropriated for the fiscal year ending June 30, 1971, and for each succeeding fiscal year such sums as may be necessary to provide special assistance to assure access to the school lunch program under this Act by children of low-income families. " (b) Of the sums appropriated pursuant to this section for any fiscal year, 3 per centum shall be available for apportionment to Puerto Rico, the Virgin Islands, Guam, and American Samoa. From the funds so available the Secretary shall apportion to each such State an amount which bears the same ratio to such funds as the number of children aged three to seventeen, inclusive, in such State bears to the total number of such children in all such States. If any such State cannot utilize for the purposes of this section all of the funds so apportioned to it, the Secretary shall make further apportionment on the same basis as the initial apportionment to any such State which justifies, on the basis of operating experience, the need for additional funds for such purposes. " (c) The remaining sums appropriated pursuant to this section for any fiscal year shall be apportioned among States, other than Puerto Rico, the Virgin Islands, Guam, and American Samoa. The amount apportioned to each such State shall bear the same ratio to such remaining funds as the number of children in such State aged three to seventeen, inclusive, in households with incomes of less than $4,000 per annum bears to the total number of such children in all such States. If any such State cannot utilize for the purposes of this section all of the funds so apportioned to it, the Secretary shall make further apportionment on the same basis as the initial apportionment to any such State which justifies, on the basis of operating experience, the need for such additional funds for such purposes. " (d) Payment of the funds apportioned to any State under this section shall be made as provided in the last sentence of section 7 of this Act.

"(e) Funds paid to any State for any fiscal year pursuant to this section shall be disbursed to schools in such State to assist them in financing all or part of the operating costs of the school lunch program in such schools including the costs 01 obtaining, preparing, and serving food. The aniounts of funds that each school shall from time to time receive, within a maximum per meal amount established by the Secretary for all States, shall be based on the need of the school for assistance in meeting the requirements of section 9 of this Act concerning the service of lunches to children unable to pay the full cost of such lunches.

Ante, p. 209.

^"f e, p. 210.

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 212

PUBLIC LAW 91-248-MAY 14, 1970

Ante, p. 210.

6QsttT^23v'^'' Anfefp. 209. ^^42 USC 1753,

80 Stat. ^^ u s e 42 ^^^ note."

885. 1771

82 Stat. 117; P o s t, p. 214 42 USC 1761.

stIte^ed*ucitionai agency.

secreta'r'^'° ^"^ ^''^'

[84 STAT.

"(f) If in any State the State educational agency is not permitted by law to disburse funds paid to it under this Act to nonprofit private schools in the State, the Secretary shall withhold from the funds apportioned to such State under subsection (b) or (c) of this section an amount which bears the same ratio to such funds as the number of free or reduced-price lunches served in accordance with section 9 of this Act in the fiscal year beginning two years immediately prior to the fiscal year for which the funds are appropriated, by all nonprofit private schools participating in the program under this Act in such State, bears to the number of such free and reduced-price lunches served during such prior year by all schools participating in the program under this Act in such State. The Secretary shall disburse the funds so withheld directly to the nonprofit private schools within such State for the same purposes and subject to the same conditions as are applicable to a State educational agency disbursing funds under this section. " (g) In carrying out this section, the terms and conditions governing the operation of the school lunch program set forth in other sections of this Act, including those applicable to funds apportioned or paid pursuant to section 4 or 5 but excluding the provisions of section 7 relating to matching, shall be applicable to the extent they are not inconsistent with the express requirements of this section. " (h)(1) Not later than January 1 of each year, each State educational agency shall submit to the Secretary, for approval by him as a prerequisite to receipt of Federal funds or any commodities donated by the Secretary tor use in programs under this Act and the Child Nutrition Act of 1966, a State plan of child nutrition operations for the following fiscal year, whicn shall include, as a minimum, a description of the manner in which the State educational agency proposes (A) to use the funds provided under this Act and funds from sources within the State to furnish a free or reduced-price lunch to every needy child in accordance with the provisions of section 9; (B) to extend the school-lunch program under this Act to every school within the State, and (C) to use the funds provided under section 13 of this Act and section 4 of the Child Nutrition Act of 1966 and funds from sources within the State to the maximum extent practicable to reach needy children. "(^) ^acli scliool participating in the school-lunch program under thls Act shall Tcport each month to its State educational agency the average number of children in the school who received free lunches and the average number of children who received reduced price lunches during the immediately preceding month. Each participating school shall provide an estimate, as of October 1 and March 1 of each year, of the number of children who are eligible for a free or reduced price lunch. "(^) '^^^ State educatioual agency of each State shall report to the Secretary each month the average number of children in the State who received free lunches and the average number of children in the State who received reduced price lunches during the immediately preceding month. Each State educational agency shall provide an estimate as of October 1 and March 1 of each year, of the number of children who are eligible for a free or reduced price lunch." REGULATIONS

42 uLc'' m^9 ^°

^^^- ^' Section 10 of the Child Nutrition Act of 1966 is amended by striking out the period at the end thereof and inserting in lieu thereof

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PUBLIC LAW 91-248-MAY 14, 1970

the following: "and the National School Lunch Act, including regulations relating to the service of food in participating schools and service institutions in competition with the programs authorized under this Act and the National School Lunch Act. In such regulations the Secretary may provide for the transfer of funds by any State between the programs authorized under this Act and the National School Lunch Act on the basis of an approved State plan of operation for the use of the funds and may provide for the reserve of up to 1 per centum of the funds available for apportionment to any State to carry out special developmental projects."

213

Transfer and
 * serve of funds.

NATIONAL ADVISORY COUNCIL

SEC. 9. The National School Lunch Act is amended by adding at the ^o Stat. 230; end thereof the following new section: ^42^'usc^i75i "NATIONAL ADVISORY COUNCIL

"SEC. 14. (a) There is hereby established a council to be known as the National Advisory Council on Child Nutrition (hereinafter in this section referred to as the 'Council') which shall be composed of thirteen members appointed by the Secretary. One member shall be a school administrator, one member shall be a person engaged in child welfare work, one member shall be a person engaged in vocational education work, one member shall be a nutrition expert, one member shall be a school food service management expert, one member shall be a State superintendent of schools (or the equivalent thereof), one member shall be a State school lunch director (or the equivalent thereof), one member shall be a person serving on a school board, one member shall be a classroom teacher, and four members shall be officers or employees of the Department of Agriculture specially qualified to serve on the Council because of their education, training, experience, and knowledge in matters relating to child food programs. "(b) The nine members of the Council appointed from outside the Department of Agriculture shall be appointed for terms of three years, except that such members first appointed to the Council shall be appointed as follows: Three members shall be appointed for terms of three years, three members shall be appointed for terms of two years, and three members shall be appointed for terms of one year. Thereafter all appointments shall be for a term of three years, except that a person appointed to fill an unexpired term shall serve only for the remainder of such term. Members appointed from the Department of Agriculture shall serve at the pleasure of the Secretary. "(c) The Secretary shall designate one of the members to serve as Chairman and one to serve as Vice Chairman of the Council. " (d) The Council shall meet at the call of the Chairman but shall meet at least once a year. " (e) Seven members shall constitute a quorum and a vacancy on the Council shall not affect its powers. "(f) It shall be the function of the Council to make a continuing study of the operation of programs carried out under the NationgQ School Lunch Act, the Child Nutrition Act of 1966, and any related Act under which meals are provided for children, with a view to determining how such programs may be improved. The Council shall submit to the President and the Congress annually a written report of the results of its study together with such recommendations for administrative and legislative changes as it deems appropriate.

Membership.

Terms of office.

Quorum. Study. 42 USC 1771 note. Report to P r e s i d e n t and Congress.

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 214 Technical assistance. Travel and subs i s t e n c e pay.

PUBLIC LAW 91-249-MAY 14, 1970

" (g) The Secretary shall provide the Council with such technical and other assistance, including secretarial and clerical assistance, as may be required to carry out its functions under this Act. " (h) Members of the Council shall serve without compensation but shall receive reimbursement for necessary travel and subsistence expenses incurred by them in the performance of the duties of the Council." SCHOOL BREAKFAST PR0(}RAM

82 Stat. 119. 42 USC 1773.

[84 STAT.

AUTHORIZATION

SEC. 10. Section 4(a) of the Child Nutrition Act of 1966 is hereby amended by striking out "$12,000,000" and inserting "$25,000,000". Approved May 14, 1970.

Public Law 91-249 May 14, 1970 [H. R. 1049]

Anadromous F i s h Conservation Act, amendment. 79 Stat. 1125.

Federal and non-Federal costs.

Appropriation.

Citation of act.

AN ACT To amend the Anadromoiis Fish Conservation Act of October 30, 1965, relating to the conservation and enhancement of the Nation's anadromous fishing resources, to encourage certain joint research and development projects, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assefnblea, That (a) the first proviso contained in the second sentence of subsection (a) of the first section of the Act of October 30, 1965 (16 U.S.C. 757a(a)), is amended by inserting ", except as provided in subsection (c) of this section," immediately before "the Federal share". (b) The first section of such Act of October 30, 1965 (16 U.S.C. 757a), is further amended by adding at the end thereof the following new subsection: "(c) Whenever two or more States having a common interest in any basin jointly enter into a cooperative agreement with the Secretary under subsection (a) of this section to carry out a research and development program to conserve, develop, and enhance anadromous fishery resources of the Nation, or fish in the Great Lakes that ascend streams to spawn, the Federal share of the program costs shall be increased to a maximum of 60 per centum. Structures, devices, or other facilities, including fish hatcheries, constructed by such States under a cooperative agreement described in this subsection shall be operated and maintained without cost to the Federal Government. For the purpose of this subsection, the term 'basin' includes rivers and their tributaries, lakes, and other bodies of water or portions thereof." SEC. 2. Subsection (a) of section 4 of such Act of October 30, 1965 (16 U.S.C. 757d(a)), is amended by adding at the end thereof the following new sentences: "There is authorized to be appropriated to carry out this Act, not to exceed $6,000,000 for the fiscal year ending June SO, 1971, not to exceed $7,500,000 for the fiscal year ending June 30, 1972, not to exceed $8,500,000 for the fiscal year ending June 30, 1973, and not to exceed $10,000,000 for the fiscal year ending June 30, 1974. Sums appropriated under this subsection are authorized to remain available until expended.". SEC. 3. Such Act of October 30, 1965 (16 U.S.C. 757a-757f), is amended by adding at the end thereof the following new section: "SEC. 7. This Act may be cited as the 'Anadromous Fish Conservation Act'." Approved May 14, 1970.

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 84 STAT. ]

PUBLIC LAW 91-250-MAY 14, 1970

215

Public Law 91-250 AN ACT To amend section 613 of the Merchant Marine Act, 1936, as amended.

^,y 14^ 1970 [H. R. 12605]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress aJisembled^ That section 613 of seis^.^^^"^^"^ ^ the Merchant Marine Act, 1936, as amended (46 U.S.C. 1183), is off-season 1 11

cruises.

amended by— 75 Stat. 89; (a) Striking the letter " (d) " in subsection (b) after the words 82 Stat. 248.' "under subsection", and inserting in lieu thereof the letter " (e) ". (b) Striking subsection (c) and inserting in lieu thereof a new subsection (c) to read as follows: "(c) The Secretary of Commerce may authorize passenger vessels under operating-differential subsidy contracts to provide domestic service between specified ports while the vessels are on voyages in an essential service in the foreign commerce of the United States without reduction of operating-differential subsidy and the partial payback of construction-differential subsidy for operating in the domestic trades, if it finds that such domestic service will not result in a substantial deviation from the service, route, or line for which operating-differential subsidy is paid and will not adversely affect service on such service, route, or line." (c) Kedesignating subsection (d) as subsection (e) and inserting a new subsection (d) to read as follows: " (d) When a vessel is being operated on cruises or has been authorized under this section to provide domestic passenger services while on voyages in an essential service in foreign commerce of the United States— "(1) it shall carry no mail unless required by law, or cargo except passengers' luggage, except between those ports between which it may carry mail and cargo on its regular service assigned by contract; "(2) it may not carry one-way passengers between those ports served by another United States carrier on its regular service assigned by contract, without the consent of such carrier, except between those ports between which it may carry one-way passengers on its own regular service assigned by contract; " (3) it shall stop at other domestic ports only for the same time and the same purpose as is permitted with respect to a foreignflag vessel which is carrying passengers who embarked at a domestic port, except that a cruise may end at a different port or coast from that where it began and may embark or disembark passengers at other domestic ports, either when not involving transportation in the domestic offshore trade in competition with a United States-flag passenger vessel offering berth service therein, or, if involving such transportation, with the consent of such carrier: Provided, however, That nothing herein shall be con46 sta^ 1223. strued to repeal or modify section 805(a) of this Act. ^9 USC 1175. 46 USC 2012 Seqtion 605(c) of this Act shall not apply to cruises authorized under """'"" '^'" 958. this section. Notwithstanding the applicable provisions of section 52 Stat. 1156. 46 USC 605 (a) and section 506 of this Act requiring the reduction of operating differential subsidy and the partial payback of construction differential subsidy for operating in the domestic trades, such reduction of operating subsidy and partial payback of construction subsidy under sections 605(a) and 506, respectively, shall not apply to cruises or 75 Stat. 89; domestic services authorized under this section." 82 Stat. 248. (d) Striking subsection (e). Approved May 14, 1970. 46 USC u'ss 47-348 O - 72 - 18 (Pt. 1)

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PUBLIC LAW 91-251-MAY 14, 1970

[84

STAT.

Public Law 91-251 May 14, 1970 [S. 3007]

Fort Belknap Indian irrigation project, Mont. Brown unit, transfer.

Condition.

Cancellation of c h a r g e s.

AN ACT To authorize the transfer of the Brown unit of the Fort Belknap Indian irrigation project on the Fort Belknap Indian Reservation, Montana, to the landowners within the unit.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That the Secretary of the Interior is authorized to convey all of the right, title, and interest of the United States in the facilities of the Brown unit of the Fort Belknap Indian irrigation project, located in township 28 north, ranges 23 and 24 east, Montana principal meridian, including, but not limited to, easements, rights-of-way, canals, laterals, drains, structures of all kinds, and water rights held for the benefit of the unit, to an organization or association having form and powers satisfactory to the Secretary which represents the owners of the lands served by the unit. As a condition to said conveyance, the grantee organization or association shall assume full and sole responsibility for the care, operation, and maintenance of the unit upon conveyance, and shall hold the United States free of all loss or liability for damages or injuries, direct or consequential, caused by the existence or operation of the unit or any of its features or structures, from and after the date of its conveyance. SEC. 2. Upon conveyance of the Brown unit of the Fort Belknap Indian irrigation project as provided for in section 1 of this Act, the Secretary is authorized to cancel all accrued operation and maintejiance charges and all construction charges with respect to the said unit. Approved May 14, 1970.

Public Law 91-252 May 14, 1970 [H. R. 1187]

Appropriation increase. 16 USC 459b-8.

AN ACT To amend the Act of August 7, IDHl, providing for the establishment of Cape Cod National Seashore.

Be it emvcted by the Seriate and House of Representatives of the United States of America in Congress assembled, That section 9 of the Act entitled "An Act to provide for the establishment of Cape Cod National Seashore," approved August 7, 1961 (75 Stat. 284, 293), is amended by striking out the figure $16,000,000" and inserting in lieu thereof the figure "$33,500,000". Approved May 14, 1970.

Public Law 91-253 May 14, 1970 [S.2452]

Public Health Service Act, amendment. 74 Stat. 33.

AN ACT To amend section 211 of the Public Health Service Act to equalize the retirement l)enefits for commissioned officers of the Public Health Service with retirement benefits provided for other officers in the uniformed services.

Be it enacted by the Senate ami House of Representatives of the United /States of America in Congress assembled, That paragraph (4) of section 211(a) of the Public Health Service Act (42 U.S.C. 212 (a)(4)) is amended by inserting the word "plus" after the semicolon at the end of clause (ii), and by adding after clause (ii) the following new clause:

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 84 STAT. ]

PUBLIC LAW 91-255-MAY 18, 1970

"(iii) the number of years of service with which he was entitled to be credited for purposes of basic pay on May 31, 1958, or (if higher) on any date prior thereto, reduced by any such year included under clause (i) and further reduced by any such year with which he was entitled to be credited under paragraphs (7) and (8) of section 205(a) of title 37, United States Code, on any date before June 1, 1958;". SEC. 2. The amendments made by this Act shall apply in the case of retired pay for any period after the month in which this Act is enacted. Approved May 14, 1970.

217

^6 Stat. 459. Effective date.

Public Law 91-254 AN ACT

^ g y j ^ _ jg^Q

To provide for the striking of medals in commemoration of the completion of the carvings on Stone Mountain, Georgia, depicting heroes of the Confederacy.

[s. 3435]

Be it enacted by the Senate and House of Representatives of the stone Mountain, United States of America in Congress assembled, Ga. SECTION 1. In commemoration of the completion of the carvings on carvings. Stone Mountain, Georgia, depicting heroes of the Confederacy, the ^e^/aTs"!^""'^*'"'' Secretary of the Treasury (referred to hereinafter in this Act as the "Secretary") is authorized to furnish to the Stone Mountain Memorial Association (referred to hereinafter in this Act as the "association") not more than five hundred thousand medals with suitable emblems, devices, and inscriptions to be determined by the association subject to the approval of the Secretary. The medals authorized by this Act shall be treated as national medals for the purposes of section 3351 of the Revised Statutes. _ 31 USC 368. SEC. 2. The medals shall be made and delivered at such times as may be required by the association, in quantities of not less than two thousand, but none may be made after December 31, 1971. SEC. 3. The Secretary shall furnish the medals at not less than the cost. estimated cost of manufacture, including labor, materials, dies, use of machinery, and overhead expenses. The medals may not be struck unless security satisfactory to the Secretary is furnished to indemnify the United States for full payment of these costs. SEC. 4. Medals struck under authority of this Act shall be of such size, etc. size or sizes and of such metals as may be determined by the Secretary in consultation with the association. Approved May 14, 1970.

Public Law 91-255 JOINT RESOLUTION To provide for the appointment of James Edwin Webb as Citizen Regent of the Board of Regents of Smithsonian Institution.

Resolred by the Senate and House of Representatives of the United States of America in Congress assembled, That the vacancy in the Board of Regents of the Smithsonian Institution, of the class other than Members of Congress, which occurred by the death of Robert Vedder Fleming, of Washington, District of Columbia, be filled by the appointment of James Edwun Webb for the statutory term of six years. Approved May 18, 1970.

^^^,, ^^^^ [s. j. Res. 193]

Smithsonian Institution.

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PUBLIC LAW 91-256-MAY 18, 1970

[84 STAT.

Public Law 91-256 May 18, 1970 [H. R. 12673]

D.C. blood b a n k s, blood transfer authorization. 58 Stat. 702. 42 USC 262.

45 Stat. 1326; 75 Stat. 519.

AN ACT To authorize the transfer by licensed blood banks in the District of Columbia of blood components within the District of Columbia.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That any blood bank in the District of Columbia, holding an unsuspended and unrevoked license issued under section 351 of the Public Health Service Act, may transfer, for use in the District of Columbia, platelets and other components of blood in general use in the States (as determined by the Commissioner of the District of Columbia), produced in such blood bank, to physicians licensed under the Healing Arts Practice Act, District of Columbia, 1928 (D.C. Code, sec. 2-101 et seq.), to District of Columbia hospitals, and to licensed private hospitals and other medical facilities in the District of Columbia. (b) Section 351 of the Public Health Service Act shall not apply with respect to any transfer made in accordance with the first section of this Act. Approved May 18, 1970.

Public Law 91-257 y, io,0-rn May 19, 1970 [H.J. Res. 1232]

Continuing appropriations, 1970.

Post, p. 376.

JOINT RESOLUTfON Making further continuing appropriations for the fiscal year 1970, and for other purposes.

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That there are hereby appropriated out of any money in the Treasury not otherwise appropriated, and out of applicable corporate or other revenues, receipts, and funds for the several departments, agencies, corporations, and other organizational units of the Government such amounts as (1) may be necessary to cover salaries, compensation, and pay (including pensions, retired pay, and veterans' readjustment benefits) for the fiscal year 1970, and are provided for in the Second Supplemental Appropriations Act, 1970, as passed by the House of Representatives May 7, 1970, and (2) may be necessary for the activities for which disbursements are made by the Secretary of the Senate, and by the Architect of the Capitol for Senate items, to the extent and in the manner which would be provided for in the supplemental estimates therefor submitted to the second session of the Ninety-first Congress (House Document Numbered 91-272). SEC. 2. Except as otherwise provided in clause (2) of section 1 of this joint resolution, appropriations made by this joint resolution shall be available to the extent and in the manner which would be provided by the Second Supplemental Appropriations Act, 1970, and all expenditures made pursuant to this joint resolution shall be charged to the applicable appropriation, fund, or authorization whenever such Act is enacted into law. Approved May 19, 1970.

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Public Law 91-258 To provide for the expansion and improvement of the Xatioirs airport and airway system, for the imposition of airport and airway user charges, and for other purposes. Be it enacted by the Senate and House of Representatives United States of Amenca in Congress assembled,

May 21, 1970 [H. R. 14465]

of the

TITLE I—AIRPORT AND AIRWAY DEVELOPMENT ACT OF 1970

Aviation facilit i e s, expansion and improvement; revenue.

PART I—SHORT TITLE, ETC. SECTION 1. SHORT TITLE. This title may be cited as the ''Airport and Airway Development citation of Act of 1970". SEC. 2. DECLARATION OF POLICY. The Congress hereby finds and declares— That the Nation's airport and airway system is inadequate to meet the current and projected growth in aviation. That substantial expansion and improvement of the airport and airway system is required to meet the demands of interstate commerce, the postal service, and the national defense. That the annual obligational authority during the period July 1, 1970, through June 30, 1980, for the acquisition, establishment, and improvement of air navigational facilities under the Federal Aviation Act of 1958 (49 U.S.C. 1301 et seq.), should be no less than $250,000,000. 72 Stat. 7 3 1. That the obligational authority during the period July 1, 1970, through June 30, 1980, for airport assistance under this title should be $2,500,000,000. SEC. 3. NATIONAL TRANSPORTATION POLICY. (a) FORMULATION OF POLICY.—Within one year after the date of enactment of this title, the Secretary of Transportation shall formulate and recommend to the Congress for approval a national transportation policy. I n the formulation of such policy, the Secretary shall take into consideration, among other things— (1) the coordinated development and improvement of all modes of transportation, together with the priority which shall be assigned to the development and improvement of each mode of transportation; and (2) the coordination of recommendations made under this title relating to airport and airway development with all other recommendations to the Congress for the development and improvement of our national transportation system. (b) A N N U A L REPORT.—The Secretary shall submit an annual report Report to to the Congress on the implementation of the national transportation C o n g r e s s. policy formulated under subsection (a) of this section. Such report shall include the specific actions taken by the Secretary with respect to (1) the coordination of the development and improvement of all modes of transportation, (2) the establishment of priorities with respect to the development and improvement of each mode of transportation, and (3) the coordination of recommendations under this title relating to airport and airway development with all other recommendations to the Congress for the development and improvement of our national transportation system.

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(!ll^°«V°

Congress.

PUBLIC LAW 91-258-lVIAY 21, 1970

[84 STAT.

SEC. 4. COST ALLOCATION STUDY. The Secretary of Transportation shall conduct a study respecting the appropriate method for allocating the cost of the airport and airway system among the various users, and shall identify the cost to the Federal Government that should appropriately be charged to the system and the value to be assigned to any general public benefit, including military, which may be determined to exist. I n conducting the study the Secretary shall consult fully with and give careful consideration to ^^^^ views of the users of the system. The Secretary shall report the results of the study to Congress within two years from the date of enactment of this title.

PART II—AIRPORT AND AIRWAY DEVELOPMENT

Post, p. 234.

SEC. 11. DEFINITIONS. As used in this part— (1) "Airport"' means any area of land or water which is used, or intended for use, for the landing and takeoff of aircraft, and any appurtenant areas which are used, or intended for use, for airport buildings or other airport facilities or rights-of-way, together with all airport buildings and facilities located thereon. (2) "Airport development" means (A) any work involved in constructing, improving, or repairing a public air[X)rt or portion thereof, including the removal, lowering, relocation, and marking and lighting of airport hazards, and including navigation aids used by aircraft landing at, or taking off from, a public airport, and including safety equipment required by rule or regulation for certification of the airport under section 612 of the Federal Aviation Act of 1958, and (B) any acquisition of land or of any interest therein, or of any easement through or other interest in airspace, including land for future airport development, which is necessary to permit any such work or to remove or mitigate or prevent or limit the establishment of, airport hazards. (3) "Airport hazard" means any structure or object of natural growth located on or in the vicinity of a public airport, or any use of land near such airport, which obstructs the airspace required for the flight of aircraft in landing or taking off at such airport or is otherwise hazardous to such landing or taking off of aircraft. (4) "Airport master planning means the development for planning purposes of information and guidance to determine the extent, type, and nature of development needed at a specific airport. I t may include the preparation of an airport layout plan and feasibility studies, and the conduct of such other studies, surveys, and planning actions as may be necessary to determine the short-, intermediate-, and long-range aeronautical demands required to be met by a particular airport as a part of a system of airports. (5) "Airport system planning means the development for planning purposes of information and guidance to determine the extent, type, nature, location, and timing of airport development needed in a specific area to establish a viable and balanced system of public airports. I t includes identification of the specific aeronautical role of each airport within the system, development of estimates of systemwide development costs, and the conduct of such studies, surveys, and other planning actions as may be necessary to determine the short-, intermediate-, and long-range aeronautical demands required to be met by a particular system of airports. (6) "Landing area" means that area used or intended to be used for the landing, takeoff, or surface maneuvering of aircraft. (7) "Government aircraft" means aircraft owned and operated by the United States.

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(8) "Planning agency" means any planning agency designated by the Secretary which is authorized by the laws of the State or States (including the Commonwealth of Puerto Rico, the Virgin Islands, and Guam) or political subdivisions concerned to engage in areawide planning for the areas in which assistance under this part is to be used. (9) ^'Project" means a project for the accomplishment of airport development, airport master planning, or airport sjstem planning. (10) "Project costs" means any costs involved m accomplishing a project. (11) "Public agency" means a State, the Commonwealth of Puerto Rico, the Virgin Islands, or Guam or any agency of any of them; a municipality or other political subdivision; or a tax-supported organization; or an Indian tribe or pueblo. (12) "Public airport" means any airport which is used or to be used for public purposes, under the control of a public agency, the landing area of which is publicly owned. (13) "Secretary" means the Secretary of Transportation. (14) "Sponsor means any public agency which, either individually or jointly with one or more other public agencies, submits to the Secretary, in accordance with this part, an application for financial assistance. (15) "State" means a State of the United States or the District of Columbia. (16) "Terminal area" means that area used or intended to be used for such facilities as terminal and cargo building's, gates, hangars, shops, and other service buildings; automobile parking, airport motels, and restaurants, and garages and automobile service facilities used in connection with the airport; and entrance and service roads used by the public within the boundaries of the airport. (17) "United States share" means that portion of the project costs of projects for airport development approved pursuant to section 16 of this part which is to be paid from funds made available for the purposes of this part. SEC. 12. NATIONAL AIRPORT SYSTEM PLAN. (a) FORMULATION or PLAN.—The Secretary is directed to prepare and publish, within two years after the date of enactment of this part, and thereafter to review and revise as necessary, a national airport system plan for the development of public airports in the United States. The plan shall set forth, for at least a ten-year period, the type and estimated cost of airport development considered by the Secretary to be necessary to provide a system of public airports adequate to anticipate and meet the needs of civil aeronautics, to meet requirements in support of the national defense as determined by the Secretary of Defense, and to meet the special needs of the postal service. The plan shall include all types of airport development eligible for Federal aid under section 14 of this part, and terminal area development considered necessary to provide for the efficient accommodation of persons and goods at public airports, and the conduct of functions in operational sui^port of the airport. Airport development identified by the plan shall not be limited to the requirements of any classes or categories of public airports. In preparing the plan, the Secretary shall consider the needs of all segments of civil aviation. (b) CoNsmERATiON OF OTIIER MODES OF TRANSPORTATION.—In formulating and revising the plan, the Secretary shall take into consideration, among other things, the relationship pf each airport to the rest of the transportation system in the particular area, to the forecasted technological developments in aeronautics, and to developments forecasted in other modes of intercity transportation.

221

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[84 STAT.

(c) FEDERAL, STATE, AND OTHER AGENCIES.—In developing the national airport system plan, the Secretary shall to the extent feasible consnlt with the Civil Aeronautics Board, the Post Office Department, the Department of the Interior regarding conservation and natural resource values, and other Federal agencies, as appropriate; with planning agencies, and airport operators; and with air carriers, aircraft manufacturers, and others in the aviation industry. The Secretary shall provide technical guidance to agencies engaged in the conduct of airport system planning and airport master planning to insure that the national airport system plan reflects the product of interstate, vState, and local airport planning. (d) CooPi:RATioN W I T H FEDERAL C O M M U N I C A T I O N S COMMISSION. —

The Secretary shall, to the extent possible, consult, and give consideration to the views and recommendations of the Federal Communications Commission, and shall make all reasonable efforts to cooperate with that Commission for the purpose of eliminating, preventing, or minimizing airport hazards caused by the construction or operation of any radio or television station. In carrying out this section, the Secretary may make any necessary surveys, studies, examinations, and investigations. (e)

CONSULTATION W I T H DEPARTMENT or DEFENSE.—The Depart-

ment of Defense shall make military airports and airport facilities available for civil use to the extent feasible. In advising the Secretary of national defense requirements pursuant to subsection (a) of this section, the Secretary of Defense shall indicate the extent to which military airports and airport facilities will be available for civil use. (f)

CONSULTATION CONCERNING ENVIRONMENTAL

CHANGES.—In

carrying out this section, the Secretary shall consult with and consider the views and recommendations of the Secretary of the Interior, the Secretary of Health, Education, and Welfare, the Secretary of Agriculture, and the National Council on Environmental Quality. The recommendations of the Secretary of the Interior, the Secretary of Health, Education, and Welfare, the Secretary of Agriculture, and the National Council on Environmental Quality, with regard to the preservation of environmental quality, shall, to the extent that the Secretary of Transportation detemiines to be feasible, be incorporated in the national airport system plan. (g)

COOPERATION AVITH THE FEDERAL POWER COMMISSION.—The

Secretary shall, to the extent possible, consult, and give consideration to the views and recommendations of the Federal Power Commission, and .shall make all reasonable efforts to cooperate with that Commission for the purpose of eliminating, preventing, or minimizing airport hazards caused by the construction or operation of power facilities. I n carrying out this section, the Secretary may make any necessary surveys, studies, examinations, and investigations. (h) AVIATION ADVISORY COMMISSION.—

me^mberihl*""^"*' '"Xp^o'intments by President.

(^^ TlicTe Is establlslied an Aviation Advisory Commission (hereaftcT lu thls subsection referred to as the "Commission"). The Commlssioii shall bc composcd of nine members appointed by the President from private life as follows: (A) One person to serve as Chairman of the Commission who is specially qualified to serve as Chairman by virtue of his education, training, or experience. (B) Eight persons who are specially qualified to serve on such Commission from among representatives of the commercial air carriers, general aviation, aircraft manufacturers, airport sponsors, State aeronautics agencies, and three major organizations concerned with conservation or regional planning. Not more than five members of the Commission shall be from the same political party. Any vacancy in the Commission shall not affect its

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powers but shall be filled in the same manner in which the original appointment was made, and subject to the same limitations with respect to party affiliations. Five members shall constitute a quorum. (2) It shall be the duty of the Commission— °"'*^"(A) to formulate recommendations concerning the long-range needs of aviation, including but not limited to, future airport requirements and the national airport system plan described in subsection (a) of this section, and recommendations concerning surrounding land uses, ground access, airways, air service, and aircraft compatible with such plan; (B) to facilitate consideration of other modes of transportation and cooperation with other agencies and community and industry groups as provided in subsections (b) through (g) of this section. I n carrying out its duties under this subsection, the Commission shall establish such task forces as are necessary to include technical representation from the organizations referred to in this subsection, from Federal agencies, and from such other organizations and agencies as th.e Commission considers appropriate. (?)) Each member of the Commission shall, while serving on the compensation; •

•

•

•

•

travel ex-

business of the Commission, be entitled to receive compensation at a penses. rate fixed by the President, but not exceeding $100 per day, including travel time; and, while so serving away from his home or regular place of business, may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 570.3 of title 5 of the United States Code for persons in the Government service employed 83^513^*190^^' intermittently. (4)(A) The Commission is authorized, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classifica- f^ul^c'sioi- '^^^' tion and General Schedule pay rates, to appoint andfixthe compensa- siis, 5331-5338. tion of such personnel as may be necessary to carry out the functions of the Commission, but no individual so appointed shall receive compensation in excess of the rate authorized for GS-18 by section 5332 of such title.

Ante, p. 198-1.

(B) The Commission is authorized to obtain the services of experts and consultants in accordance with the provisions of section 3109 of title 5, United States Code, but at rates for individuals not to exceed ^° ^*^'- '*^^$100 per diem. (C) Administrative services shall be provided the Commission by the General Services Administration on a reimbursable basis. (D) The Commission is authorized to request from any department, agency, or independent instrumentality of the Government any information and assistance it deems necessary to carry out its functions under this subsection; and each such department, agency, and instrumentality is authorized to cooperate with the Commission and, to the extent permitted by law, to furnish such information and assistance to the Commission upon request made by the Chairman. (5) The Commission shall submit to the President and to the Con- Report to gress, or or before January 1, 1972, a final report containing the recom- congrlTs'. ^"'^ mendations formulated by it under this subsection. The Commission Termination. shall cease to exist 60 days after the date of the submission of its final report. (6) There are authorized to be appropriated from the Airport and Appropriation. Airway Trust Fund such sums, not to exceed $2,000,000, as may be necessary to carry out the provisions of this subsection.

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[84 STAT.

SEC. 13. PLANNING GRANTS.

(a) AUTHORIZATION TO MAKE GRANTS.—In order to promote the effective location and development of airports and the development of an adequate national airport system plan, the Secretary may make grants of funds to planning agencies for airport system planning, and to public agencies for airport master planning. (b) AMOUNT AND APPORTIONMENT OF GRANTS.—The award of grants under subsection (a) of this section is subject to the following limitations: (1) The total funds obligated for grants under this section may not exceed $75,000,000 and the amount obligated in any one fiscal year may not exceed $15,000,000. (2) No grant under this section may exceed two-thirds of the cost incurred in the accomplishment of the project. (3) No more than 7.5 per centum of the funds made available under this section in any fiscal year may be allocated for projects within a single State, the Commonwealth of Puerto Rico, the Virgin Islands, or Guam. Grants for projects encompassing an area located in two or more States shall be charged to each State in the proportion which the number of square miles the project encompasses in each State bears to the square miles encompassed by the entire project. (c) REGULATIONS; COORDINATION W I T H SECRETARY OF HOUSING AND URBAN DEVELOPMENT.—The Secretary may prescribe such regulations

as he deems necessary governing the award and administration of grants authorized by this section. The Secretary and the Secretary of Housing and Urban Development shall develop jointly procedures designed to preclude duplication of their respective planning assistance activities and to ensure that such activities are effectively coordinated. SEC. 14. AIRPORT AND AIRWAY DEVELOPMENT PROGRAM.

'^'•^"*^-

(a) GENERAL AUTHORITY.—In order to bring about, in conformity with the national airport system plan, the establishment of a nationwide system of public airports adequate to meet the present and future needs of civil aeronautics, the Secretary is authorized to make grants for airport development by grant agreements with sponsors in aggregate amounts not less than the following: (1) For the purpose of developing in the several States, the Commonwealth of Puerto Rico, Guam, and the Virgin Islands, airports served by air carriers certificated b}^ the Civil Aeronautics Board, and airports the primary purpose of which is to serve general aviation and to relieve congestion at airports having a high density of traffic serving other segments of aviation, $250,000,000 for each of the fiscal years 1971 through 1975. (2) For the purpose of developing in the several States, the Commonwealth of Puerto Rico, Guam, and the Virgin Islands, airports serving segments of aviation other than air carriers certificated by the Civil Aeronautics Board, $30,000,000 for each of the fiscal years 1971 through 1975. (b) OBLIGATIONAL AUTHORITY.—To facilitate orderly long-term planning by sponsors, the Secretary is authorized, effective on the date of enactment of this title, to incur obligations to make grants for airport development from funds made available under this part for the fiscal year ending June 30, 1971, and the succeeding four fiscal years in a total amount not to exceed $840,000,000. No obligation shall be incurred under this subsection for a period of more than three fiscal years and no such obligation shall extend beyond June 30, 1975. The Secretary shall not incur more than one obligation under this subsection with respect to any single project for airport development. Obligations incurred under this subsection shall not be liquidated in an

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aggregate amount exceeding $280,000,000 prior to June 30, 1971, an aggregate amount exceeding $560,000,000 prior to June 30, 1972, and an aggregate amount exceeding $840,000,000 prior to June 30, 1973. (c7 AIRWAY FACILITIES.—For the purpose of acquiring, establishing, and improving air navigation facilities under section 307(b) of the Federal Aviation Act of 1958, the Secretary is authorized, within the limits established in appropriations Acts, to obligate for expenditure not less than $250,000,000 for each of the fiscal years 1971 through 1975. (d) OTHER EXPENSES.—The balance of the moneys available in the trust fund shall be allocated for the necessary administrative expenses incident to the administration of programs for which funds are to be allocated as set forth in subsections (a) and (b) of this section, and for the maintenance and operation of air navigation facilities and the conduct of other functions under section 307(b) of the Federal Aviation Act of 1958, not otherwise provided for in subsection (c) of this section, and for research and development activities under section 312(c) (as it relates to safety in air navigation) of the Federal Aviation Act of 1958. The initial $50,000,000 of any sums appropriated to the trust fund pursuant to subsection (d) of section 208 of the Airport and Airway Revenue Act of 1970 shall be allocated to such research and development activities. SEC. 15. DISTRIBUTION OF FUNDS; STATE APPORTIONMENT. (a)

APPORTIONMENT OF FUNDS.—

(1) As soon as possible after July 1 of each fiscal year for M'hich any amount is authorized to be obligated for the purposes of paragraph (1) of section 14 (a^ of this part, the amount made available for that year shall be apportioned by the Secretary as follows: (A) One-third to be distributed as follows: (i) 97 per centum of such one-third for the several States, one-half in the proportion which the population of each State bears to the total population of all the States, and one-half in the proportion which the area of each State bears to the total area of all the States. (ii) 3 per centum of such one-third for Hawaii, the Commonwealth of Puerto Rico, Guam, and the Virgin Islands, to be distributed in shares of 35 per centum, 35 per centum, 15 per centum, and 15 per centum, respectively. (B) One-third to be distributed to sponsors of airports served by air carriers certificated by the Civil Aeronautics Board in the same ratio as the number of passengers enplaned at each airport of the sponsor bears to the total number of passengers enplaned at all such airports. (C) One-third to be distributed at the discretion of the Secretary. (2) As soon as possible after July 1 of each fiscal year for which any amount is authorized to be obligated for the purposes of paragraph (2) of section 14(a) of this part, the amount made available for that year shall be apportioned by the Secretary as follows: (A) Seventy-three and one-half per centum for the several States, one-half in the proportion which the population of each Stat© bears to the total population of all the States, and one-half in the proportion which the area of each State bears to the total area of all the States. (B) One and one-half per centum for Hawaii, the Commonwealth of Puerto Rico, Guam, and the Virgin Islands, to be distributed in shares of 35 per centum, 35 per centum, 15 per centum, and 15 per centum, respectively. (C) Twenty-five per centum to be distributed at the discretion of the Secretary,

225

49 J l c 1348.

^9 USC 1353. ^°®*' P- ^^°-

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