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 90 STAT. 268

PUBLIC LAW 9 4 - 2 4 1 — M A R. 24, 1976

"SECTION 502. (a) The following laws of the United States in existence on the effective date of this Section and subsequent amendments to such laws will apply to the Northern Mariana Islands, except as otherwise provided in this Covenant: " (1) those laws which provide federal services and financial assistance programs and the federal banking laws as they apply to G u a m; Section 228 of Title II and Title X VI of the Social 42 USC 428, Security Act as it applies to the several States; the Public Health 1381. Service Act as it applies to the Virgin Islands; and the INIicrone42 USC 201 note. sian Claims Act as it applies to the T r u s t Territory of the Pacific 50 USC app. Islands; 2018. " (2) those laws not described in paragraph (1) which are applicable to Guam and which are of general application to the several States as they are applicable to the several States; and " (3) those laws not described in paragraph (1) or (2) which are applicable to the T r u s t Territory of the Pacific Islands, but not their subsequent amendments unless specifically made applicable to the Northern M a r i a n a Islands, as they apply to the T r u s t Territory of the Pacific Islands until termination of the Trusteeship Agreement, and will thereafter be inapplicable. " (b) The laws of the United States regarding coastal shipments and the conditions of employment, including the wages and hours of employees, will apply to the activities of the United States Government and its contractors in the Northern Mariana Islands. "SECTION 503. The following laws of the United States, presently inapplicable to the T r u s t Territory of the Pacific Islands, will not apply to the Northern Mariana Islands except in the manner and to the extent made applicable to them by the Congress by law after termination of the Trusteeship Agreement: " (a) except as otherwise provided in Section 506, the immigration and naturalization laws of the United States; " (b) except as otherwise provided in Subsection (b) of Section 502, the coastwise laws of the United States and any prohibition in the laws of the United States against foreign vessels landing fish or unfinished fish products in the United States; and " (c) the minimum wage provisions of Section 6, Act of June 25, 29 USC 206. 1938, 52 Stat. 1062, as amended. eommission on "SECTION 504. The President will appoint a Commission on Federal Federal Laws. Laws to survey the laws of the United States and to make recommendations to the United States Congress as to which laws of the United States not applicable to the Northern Mariana Islands should be made applicable and to what extent and in what manner, and which applicable laws should be made inapplicable and to w h a t extent and in Membership. what manner. The Commission will consist of seven persons (at least four of whom will be citizens of the T r u s t Territory of the Pacific Islands who are and have been for at least five years domiciled continuously in the Northern Mariana Islands at the time of their appointments) who will be representative of the federal, local, piivate and public interests in the applicability of laws of the United States to the Reports to Northern Mariana Islands. The Commission will make its final report Congress. and recommendations to the Congress within oue year after the termination of the Trusteeship Agreement, and before that time will make such interim reports and recommendations to the Congress as it considers appropriate to facilitate the transition of the Northern Mariana Islands to its new political status. I n formulating its recommendations the Commission will take into consideration the potential effect of each law on local conditions within the Northern Mariana Islands,

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90 STAT. 269

the policies embodied in the law and the provisions and purposes of this Covenant. The United States will bear the cost of the work of the Commission. "SECTION 505. The laws of the Trust Territory of the Pacific Islands, of the Mariana Islands District and its local municipalities, and all other Executive and District orders of a local nature applicable to the Northern Mariana Islands on the effective date of this Section and not inconsistent with this Covenant or with those provisions of the Constitution, treaties or laws of the United States applicable to the Northern Mariana Islands will remain in force and effect until and unless altered by the Government of the Northern Mariana Islands. "SECTION 506. (a) Notwithstanding the provisions of Subsection 503(a), upon the effective date of this Section the Northern Mariana Islands will be deemed to be a part of the United States under the Immigration and Nationality Act, as amended for the following pur- 8 USC 1101 note. poses only, and the said Act will apply to the Northern Mariana Islands to the extent indicated in each of the following Subsections of this Section. "(b) With respect to children born abroad to United States citizen or non-citizen national parents permanently residing in the Northern Mariana Islands the provisions of Sections 301 and 308 of the said 8 USC 1401, Act will apply. "(c) With respect to aliens who are 'immediate relatives' (as defined 1408. in Subsection 201(b) of the said Act) of United States citizens who "Immediate relatives." are permanently residing in the Northern Mariana Islands all the 8 USC 1151. provisions of the said Act will apply, commencing when a claim is made to entitlement to 'immediate relative' status. A person who is certified by the Government of the Northern Mariana Islands both to have been a lawful permanent resident of the Northern Mariana Islands and to have had the 'immediate relative' relationship denoted herein on the effective date of this Section will be presumed to have been admitted to the United States for lawful permanent residence as of that date without the requirement of any of the usual procedures set forth in the said Act. For the purpose of the requirements of judicial naturalization, the Northern Mariana Islands will be deemed to constitute a State as defined in Subsection 101(a) paragraph (36) of the said Act. The Courts of record of the Northern Mariana Islands 8 USC 1101 and the District Court for the Northern Mariana Islands will be included among the courts specified in Subsection 310(a) of the said Act and will have jurisdiction to naturalize persons who become 8 USC 1421 eligible under this Section and who reside within their respective jurisdictions. "(d) With respect to persons who will become citizens or nationals of the United States under Article III of this Covenant or under this Section the loss of nationality provisions of the said Act will apply. "ARTICLE

VI

u REVENUE AND TAXATION

601. (a) The income tax laws in force in the United States will come into force in the Northern Mariana Islands as a local territorial income tax on the first day of January following the effective date of this Section, in the same manner as those laws are in force in Guam. "(b) Any indiAddual who is a citizen or a resident of the United States, of Guam, or of the Northern Mariana Islands (including a "SECTION

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 9 0 STAT. 270

PUBLIC LAW 9 4 - 2 4 1 — M A R. 24, 1976

national of the United States who is not a citizen), will file only one income tax return with respect to his income, in a manner similar to the provisions of Section 935 of Title 26, United States Code. " (c) Eeferences in the I n t e r n a l Revenue Code to G u a m will be deemed also to refer to the Northern Mariana Islands, where not otherwise distinctly expressed or manifestly incompatible with the intent thereof or of this Covenant. Additional taxes "SECTION 602, The Government of the Northern Mariana Islands levied by Island may by local law impose such taxes, in addition to those imposed under government. Section 601, as it deems appropriate and provide for the rebate of any taxes received by it, except that the power of the Government of the Northern Mariana Islands to rebate collections of the local territorial income tax received by it will be limited to taxes on income derived from sources within the Northern M a r i a n a Islands. "SECTION 603. (a) The Northern Mariana Islands will not be included within the customs territory of the United States. " (b) The Government of the Northern INIariana Islands may, in a manner consistent with the international obligations of the United States, levy duties on goods imported into its territory from any area outside the customs territory of the United States and impose duties on exports from its territory. " (c) I m p o r t s from the Northern Mariana Islands into the customs territory of the United States will be subject to the same treatment as imports from Guam into the customs territory of the United States. " (d) The Government of the United States will seek to obtain from foreign countries favorable treatment for exports from the Northern Mariana Islands and will encourage other countries to consider the Northern M a r i a n a Islands a developing territory. "SECTION 604. (a) The Government of the United States may levy excise taxes on goods manufactured, sold or used or services rendered in the Northern INIariana Islands in the same manner and to the same extent as such taxes are applicable within Guam. " (b) The Government of the Northern Mariana Islands will have the authority to impose excise taxes upon goods manufactured, sold or used or services rendered within its territory or upon goods imported into its territory, provided that such excise taxes imposed on goods imported into its territory will be consistent with the international obligations of the United States. U.S. property "SECTION 605. Nothing in this Article will be deemed to authorize exclusion from the Government of the Northern Mariana Islands to impose any cuscustoms duties. toms duties on the property of the United States or on the personal property of military or civilian personnel of the United States Government or their dependents entering or leaving the Northern Mariana Islands pursuant to their contract of employment or orders assigning them to or from the Northern M a r i a n a Islands or to impose any taxes on the property, activities or instrumentalities of the United States which one of the several States could not impose; nor will any provision of this Article be deemed to affect the operation of the 50 USC app.501. Soldiers and Sailors Civil Relief Act of 1940, as amended, which will be applicable to the Northern M a r i a n a Islands as it is applicable to Guam. Northern "SECTION 606. (a) Not later than at the time this Covenant is Mariana Islands approved, that portion of the T r u s t T e r r i to r y Social Security RetireSocial Security ment F u n d attributable to the Northern Mariana Islands will be transRetirement Fund, ferred to the Treasury of the United States, to be held in t r u s t as a transfer to U.S. Treasury.

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90 STAT. 271

separate fund to be known as the 'Northern Mariana Islands Social Security Ketirement Fund'. This fund will be administered by the Administration, United States in accordance with the social security laws of the Trust Territory of the Pacific Islands in effect at the time of such transfer, which may be modified by the Government of the Northern Mariana Islands only in a manner which does not create any additional differences between the social security laws of the Trust Territory of the Pacific Islands and the laws described in Subsection (b). The United States will supplement such fund if necessary to assure that persons receive benefits therefrom comparable to those they would have received from the Trust Territory Social Security Retirement Fund under the laws applicable thereto on the day preceding the establishment of the Northern Mariana Islands Social Security Retirement Fund, so long as the rate of contributions thereto also remains comparable. "(b) Those laws of the United States which impose excise and selfemployment taxes to support or which provide benefits from the United States Social Security S^^stem will upon termination of the Trusteeship Agreement or such earlier date as may be agreed to by the Government of the Northern Mariana Islands and the Government of the United States becom.e applicable to the Northern Mariana Islands as they apply to Guam. "(c) At such time as the laws described in Subsection (b) become applicable to the Northern IMariana Islands: "(1) the Northern JNIariana Islands Social Security Retirement Fund will be transferred into the appropriate Federal Social Security Trust Funds; "(2) prior contributions by or on behalf of persons domiciled in the Northern Mariana Islands to the Trust Territory Social Security Retirement Fund or the Northern Mariana Islands Social Security Retirement Fund will be considered to have been made to the appropriate Federal Social Security Trust Funds for the purpose of determining eligibility of those persons in the Northern Mariana Islands for benefits under those laws; and "(3) persons domiciled in the Northern Mariana Islands who are eligible for or entitled to social security benefits under the laws of the Trust Territory of the Pacific Islands or of the Northern Mariana Islands will not lose their entitlement and will be eliofible for or entitled to benefits under the laws described in Subsection (b). "SECTION 607. (a) All bonds or other obligations issued by the Bonds and other Government of the Northern Mariana Islands or by its authority will obligations, be exempt, as to principal and interest, from taxation by the United exemption. States, or by any State, territory or possession of the United States, or any political subdivision of any of them. "(b) During the initial seven year period of financial assistance provided for in Section 702, and during such subsequent periods of financial assistance as may be agreed, the Government of the Northern Mariana Islands will authorize no public indebtedness (other than bonds or other obligations of the (Government payable solely from revenues derived from any public improvement or undertaking) in excess of ten percentum of the aggregate assessed valuation of the property within the Northern Mariana Islands.

89-194 0—78—pt. 1

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90 STAT. 272

"ARTICLE

VII

" UNITED STATES riNANCIAIi ASSISTANCE

701. The Government of the United States will assist the Government of the Northern Mariana Islands in its efforts to achieve a progressively higher standard of living for its people as part of the American economic community and to develop the economic resources needed to meet the financial responsibilities of local selfgovernment. To this end, the United States will provide direct multiyear financial support to the Government of the Northern Mariana Islands for local government operations, for capital improvement programs and for economic development. The initial period of such support will be seven years, as provided in Section 702. "SECTION 702. Approval of this Covenant by the United States will constitute a commitment and pledge of the full faith and credit of the United States for the payment, as well as an authorization for the appropriation, of the following guaranteed annual levels of direct grant assistance to the Government of the Northern Mariana Islands for each of the seven fiscal years following the effective date of this Section: " (a) $8.25 million for budgetary support for government operations, of which $250,000 each year will be reserved for a special education training fund connected with the change in the political status of the Northern Mariana Islands; "(b) $4 million for capital improvement projects, of which $500,000 each year will be reserved for such projects on the Island of Tinian and $500,000 each year will be reserved for such projects on the Island of Rota; and " (c) $1.75 million for an economic development loan fund, of which $500,000 each year will be reserved for small loans to farmers and fishermen and to agricultural and marine cooperatives, and of which $250,000 each year will be reserved for a special program of low interest housing loans for low income families. "SECTION 703. (a) The United States will make available to the Northern Mariana Islands the full range of federal programs and services available to the territories of the United States. Funds provided under Section 702 will be considered to be local revenues of the Government of the Northern Mariana Islands when used as the local share required to obtain federal programs and services. "(b) There will be paid into the Treasury of the Government of the Northern Mariana Islands, to be expended to the benefit of the people thereof as that Government may by law prescribe, the proceeds of all customs duties and federal income taxes derived from the Northem Mariana Islands, the proceeds of all taxes collected under the internal revenue laws of the United States on articles produced in the Northern Mariana Islands and transported to the United States, its territories or possessions, or consumed in the Northern Mariana Islands, the proceeds of any other taxes which may be levied by the Congress on the inhabitants of the Northern Mariana Islands, and all quarantine, passport, immigration and naturalization fees collected in the Northern Mariana Islands, except that nothing in this Section shall be construed to apply to any tax imposed by Chapters 2 or 21 of Title 26, United States Code. "SECTION 704. (a) Funds provided under Section 702 not obligated or expended by the Government of the Northern Mariana Islands "SECTION

Seven year grant assistance, appropriation authorization.

rjo

Federal programs and services availability.

26 USC 1401, 3101.

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 PUBLIC LAW 94-241—MAR. 24, 1976 during any fiscal year will remain available for obligation or expenditure by that Government in subsequent fiscal years for the purposes for which the funds were appropriated. " (b) Approval of this Covenant by the United States will constitute an authorization for the appropriation of a pro-rata share of the funds provided under Section 702 for the period between the effective date of this Section and the beginning of the next succeeding fiscal year. "(c) The amounts stated in Section 702 will.be adjusted for each fiscal year by a percentage which will be the same as the percentage change in the United States Department of Commerce composite price index using the beginning of Fiscal Year 1975 as the base. "(d) Upon expiration of the seven year period of guaranteed annual direct grant assistance provided by Section 702, the annual level of payments in each category listed in Section 702 will continue until Congress appropriates a different amount or otherwise provides by law. "ARTICLE VIII

90 STAT. 273

Pro-rata share, appropriation authorization.

PROPERTY

801. All right, title and interest of the Government of the Trust Territory of the Pacific Islands in and to real property in the Northern Mariana Islands on the date of the signing of this Covenant or thereafter acquired in any manner whatsoever will, no later than upon the termination of the Trusteeship Agreement, be transferred to the Government of the Northern Mariana Islands. All right, title and interest of the Government of the Trust Territory of the Pacific Islands in and to all personal property on the date of the signing of this Covenant or thereafter acquired in any manner whatsoever will, ho later than upon the termination of the Trusteeship Agreement, be distributed equitably in a manner to be determined by the Government of the Trust Territory of the Pacific Islands in consultation with those concerned, including the Government of the Northern Mariana Islands. "SECTION 802. (a) The following property will be made available to the Government of the United States by lease to enable it to carry out its defense responsibilities: "(1) on Tinian Island, approximately 17,799 acres (7,203 hectares) and the waters immediately adjacent thereto; "(2) on Saipan Island, approximately 177 acres (72 hectares) at Tanapag Harbor; and "(3) on Faiullon de Medinilla Island, approximately 206 acres (83 hectares) encompassing the entire island, and the waters immediately adjacent thereto. " (b) The United States affirms that it has no present need for or present intention to acquire any greater interest in property listed above than that which is granted to it under Subsection 803(a), or to acquire any property in addition to that listed in Subsection (a), above, in order to carry out its defense responsibilities. "SECTION 803. (a) The Government of the Northern Mariana Islands will lease the property described in Subsection 802(a) to the Government of the United States for a term of fifty years, and the Government of the United States will have the option of renewing this lease for all or part of such property for an additional term of fifty years if it so desires at the end of the first term. "SECTION

Leased property, U.S. defense purposes.

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 90 STAT. 274

Technical Agreement Regarding Use of Land To Be Leased by the U.S.

PUBLIC LAW 94-241—MAR. 24, 1976 "(b) The Government of the United States will pay to the Government of the Northern Mariana Islands in full settlement of this lease, including the second fifty year term of the lease if extended under the renewal option, the total sum of $19,520,600, determined as follows: "(1) for that property on Tinian Island, $17.5 million; "(2) for that property at Tanapag Harbor on Saipan Island, $2 million; and "(3) for that property known as Farallon de Medinilla, $20,600. The sum stated in this Subsection will be adjusted by a percentage which will be the same as the percentage change in the United States Department of Commerce composite price index fix>m the date of signing the Covenant. ''(c) A separate Technical Agreement Regarding Use of Land To Be Leased by the United States in the Northern Mariana Islands will be executed simultaneously with this Covenant. The teiins of the lease to the United States will be in accordance with this Section and with the terms of the Technical Agreement. The Technical Agreement will also contain terms relating to the leaseback of property, to the joint use arrangements for San Jose Harbor and West Field on Tinian Island, and to the principles which will govern the social structure relations between the United States military and the Northern Mariana Islands civil authorities. "(d) From the property to be leased to it in accordance with this Covenant the Government of the United States will lease back to the Government of the Northern Mariana Islands, in accordance with the Technical Agreement, for the sum of one dollar per acre per year, approximately 6,458 acres (2,614 hectares) on Tinian Island and approximately 44 acres (18 hectares) at Tanapag Harbor on Saipan Island, which will be used for purposes compatible with their intended military use. "(e) From the property to be leased to it at Tanapag Harbor on Saipan Island the Government of the United States will make available to the Government of the Northern Mariana Islands 133 acres (54 hectares) at no cost. This property will be set aside for public use as an American memorial park to honor the American and Marianas dead in the World War II Marianas Campaign. The $2 million received from the Government of the United States for the lease of this property will be placed into a trust fund, and used for the development and maintenance of the park in accordance with the Technical Agreement. "SECTION 804. (a) The Government of the United States will cause all agreements between it and the Government of the Trust Territory of the Pacific Islands which grant to the Government of the United States use or other rights in real property in the Northern Mariana Islands to be terminated upon or before the effective date of the Section. All right, title and interest of the Government of the Trust Territory of the Pacific Islands in and to any real property with respect to which the Government of the United States enjoys such use or other rights will be transferred to the Government of the Northern Mariana Islands at the time of such termination. From the time such right, title and interest is so transferred the Government of the Northern Mariana Islands will assure the Government of the United States the continued use of the real property then actively used by the Government of the United States for civilian governmental purposes on terms comparable to those enjoyed by the Government of the United

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 PUBLIC LAW 94-241—MAR. 24, 1976 States under its arrangements with the Government of the Trust Territory of the Pacific Islands on the date of the signature of this Covenant. "(b) All facilities at Isely Field developed with federal aid and all facilities at that field usable for the landing and take-off of aircraft will be available to the United States for use by military and naval aircraft, in common with other aircraft, at all times without charge, except, if the use by military and naval aircraft shall be substantial, a reasonable share, proportional to such use, of the cost of operating and maintaining the facilities so used may be charged at a rate established by agreement between the Government of the Northern Mariana Islands and the Government of the United States. "SECTIOX 805. Except as otherwise provided in this Article, and notwithstanding the other provisions of this Covenant, or those provisions of the Constitution, treaties or laws of the United States applicable to the Northern Mariana Islands, the Government of the Northern Mariana Islands, in view of the importance of the ownership of land for the culture and traditions of the people of the Northern Mariana Islands, and in order to protect them against exploitation and to promote their economic advancement and self-sufficiency: "(a) will until twenty-five years after the termination of the Trusteeship Agreement, and may thereafter, regulate the alienation of permanent and long-term interests in real property so as to restrict the acquisition of such interests to persons of Northern Mariana Islands descent; and " (b) may regulate the extent to which a person may own or hold land which is now public land. "SECTION 806. (a) The United States will continue to recognize and respect the scarcity and special importance of land in the Northern Mariana Islands. If the United States must acquire any interest in real property not transferred to it under this Covenant, it will follow the policy of seeking to acquire only the minimum area necessary to accomplish the public purpose for which the real property is required, of seeking only the minimum interest in real property necessary to support such public purpose, acquiring title only if the public purpose cannot be accomplished if a lesser interest is obtained, and of seeking first to satisfy its requirement by acquiring an interest in public rather than private real property. "(b) The United States may, upon prior written notice to the Government of the Northern Mariana Islands, acquire for public purposes in accordance with federal laws and procedures any interest in real property in the Northern Mariana Islands by purchase, lease, exchange, gift or otherwise under such terms and conditions as may be negotiated by the parties. The United States will in all cases attempt to acquire any interest in real property for public purposes by voluntary means under this Subsection before exercising the power of eminent domain. No interest in real property will be acquired unless duly authorized by the Congress of the United States and appropriations are available therefor. " (c) In the event it is not possible for the United States to obtain an interest in real property for public purposes by voluntary means, it may exercise witlim the Commonwealth the power of eminent domain to the same extent and in the same manner as it has and can exercise the power of eminent domain in a State of the Union. The power of eminent domain will be exercised within the Commonwealth only to the extent necessary and in compliance with applicable United States laws, and with full recognition of the due process required by the United States Constitution.

90 STAT. 275

Isely Field facilities, availability to U.S.

Landholding restrictions.

Power of eminent domain.

u s e prec. title 1.

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 90 STAT. 276

PUBLIC LAW 94-241—MAR. 24, 1976 "ARTICLE

IX

a NORTHERN MARIANA ISLANDS REPRESENTATIVE AND CONSULTATION

"SECTION 901. The Constitution or laws of the Northern Mariana Islands may provide for the appointment or election of a Resident Representative to the United States, whose term of office will be two years, unless otherwise determined by local law, and who will be entitled to receive official r e c o ^ i t i o n as such Representative by all of the departments and agencies of the Government of the United States upon presentation through the Department of State of a certificate of selection from the Governor. The Represenative must be a citizen and resident of the Northern M a r i a n a Islands, at least twentyS five years of age, and, after termination of the Trusteeship Agreement, a citizen of the United States. "SECTION 902. The Government of the United States and the Government of the Northern M a r i a n a Islands will consult regularly on all Special matters affecting the relationship between them. A t the request of representatives, either Government, and not less irequently than every ten years, the report. President of the United States and the Governor of the Northern Mariana Islands will designate special representatives to meet and to consider in good faith such issues affecting the relationship between the Northern M a r i a n a Islands and the United States as may be designated by either Government and to make a report and recommendations with respect thereto. Special representatives will be appointed in any event to consider and to make recommendations regarding future multi-year financial assistance to the Northern M a r i a n a Islands pursuant to Section 701, to meet at least one year prior to the expiration of every period of such financial assistance. "SECTION 903. Nothing herein shall prevent the presentation of cases or controversies arising under this Covenant to courts established by the Constitution or laws of the United States. I t is intended that any such cases or controversies will be justiciable in such courts and that the undertakings by the Government of the United States and by the Government of the Northern Mariana Islands provided for in this Covenant will be enforceable in such courts. "SECTION 904. (a) The Government of the United States will give sympathetic consideration to the views of the Government of the Northern M a r i a n a Islands on international matters directly affecting the Northern M a r i a n a Islands and will provide opportunities for the effective presentation of such views to no less extent than such opportunities are provided to any other territory or possession under comparable circumstances. Promotion of " (b) The United States will assist and facilitate the establishment local tourism. by the Northern Mariana Islands of offices in the United States and abroad to promote local tourism and other economic or cultural interests of the Northern M a r i a n a Islands. " (c) On its request the Northern M a r i a n a Islands may participate in regional and other international organizations concerned with social,.economic, educational, scientific, technical and cultural matters when similar participation is authorized for any other territory or possession of the United States under comparable circumstances.

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90 STAT. 277

X

APPROVAL, EFFECTIVE DATES, AND DEFINITIONS

1001. (a) This Covenant will be submitted to the Mariana Islands District Legislature for its approval. After its approval by the Mariana Islands District Legislature, this Covenant will be submitted to the people of the Northern Mariana Islands for approval in a plebiscite to be called by the United States. Only persons who are domiciled exclusively in the Northern Mariana Islands and who meet such other qualifications, including timely registration, as are promulgated by the United States as administering authority will be eligible to vote in the plebiscite. Approval must be by a majority of at least 55% of the valid votes cast in the plebiscite. The results of the plebiscite will be certified to the President of the United States. "(b) This Covenant will be approved by the United States in accordance with its constitutional processes and will thereupon become law. "SECTION 1002. The President of the United States will issue a proclamation announcing the termination of the Trusteeship Agreement, or the date on which the Trusteeship Agreement will terminate, and the establishment of the Commonwealth in accordance with this Covenant. Any determination by the President that the Trusteeship Agreement has been terminated or will be terminated on a day certain will be final and will not be subject to review by any authority, judicial or otherwise, of the Trust Territory of the Pacific Islands, the Northern Mariana Islands or the United States. "SECTION 1003. The provisions of this Covenant will become effective as follows, unless otherwise specifically provided: " (a) Sections 105, 201-203, 503, 504, 606, 801, 903 and Article X will become effective on approval of this Covenant; "(b) Sections 102, 103, 204, 304, Article IV, Sections 501, 502, 505, 601-605, 607, Article VII, Sections 802-805, 901 and 902 will become effective on a date to be determined and proclaimed by the President of the United States which will be not more than 180 days after this Covenant and the Constitution of the Northern Mariana Islands have both been approved; and "(c) The remainder of this Covenant will become effective upon the termination of the Trusteeship Agreement and the establishment of the Commonwealth of the Northern Mariana Islands. "SECTION 1004. (a) The application of any provision of the Constitution or laws of the United States which would otherwise apply to the Northern Mariana Islands may be suspended until tennination of the Trusteeship Agreement if the President finds and declares that the application of such provision prior to termination would be inconsistent with the Trusteeship Agreement. "(b) The Constitution of the Northern Mariana Islands will become effective in accordance with its terms on the same day that the provisions of this Covenant specified in Subsection 1003(b) become effective, provided that if the President finds and declares that the effectiveness of any provision of the Constitution of the Northern Mariana Islands prior to termination of the Trusteeship Agreement would be inconsistent with the Trusteeship Agreement such provision will be ineffec"SECTION

Covenant approval by U.S. Trusteeship Agreement termination; establishment of Commonwealth, proclamation.

Effective dates.

Constitution of the Northern Mariana Islands, effective date.

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 90 STAT. 278

Definitions.

• "

PUBLIC LAW 94-241—MAR. 24, 1976 tive until termination of the Trusteeship Agreement. Upon the establishment of the Commonwealth of the Northern Mariana Islands the Constitution will become effective in its entirety in accordance with its terms as the Constitution of the Commonwealth of the Northern Mariana Islands. "SECTION 1005. As used in this Covenant: "(a) 'Trusteeship Agreement' means the Trusteeship Agreement for the former Japanese Mandated Islands concluded between the Security Council of the United Nations and the United States of America, which entered into force on July 18, 1947; "(b) 'Northern Mariana Islands'means the area now known as the Mariana Islands District of the Trust Territory of the Pacific Islands, which lies within the area north of 14° north latitude, south of 21° north latitude, west of 150° east longitude and east of 144° east longitude; " (c) 'Government of the Northern Mariana Islands' includes, as appropriate, the Government of the Mariana Islands District of the Trust Territory of the Pacific Islands at the time this Covenant is signed, its agencies and instrumentalities, and its successors, including the Government of the Commonwealth of the Northern Mariana Islands; "(d) 'Territory or possession' with respect to the United States includes the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam and American Samoa; "(e) 'Domicile' means that place where a person maintains a residence with the intention of continuing such residence for an unlimited or indefinite period, and to which such person has the intention of returning whenever he is absent, even for an extended period. "Signed at Saipan, Mariana Islands on the fifteenth day of February, 1975. "For the people of the Northern Mariana Islands: EDWARD D L G. PANGELINAN,

Chairman, Marianas Political Status Commission. VICENTE N. SANTOS.

Vice Chairman, Marianas Political Status Commission. "For the United States of America: Ambassador F. HATDN WILLIAMS, Personal Representative of the President of the United States. "Members of the Marianas Political Status Commission:

I

^

JUAN L G. CABRERA. VICENTE T. CAMACHO. JosE R. CRUZ. BERNARD V. HOFSCIINEIDER. BENJAMIN T. MANGLONA. DANIEL T. MUNA, Dr. FRANCISCO T. PALACIOS. JOAQUIN I. PANGELINAN. MANUEL A. SABLAN. JOANNES B. TAIMANAO. PEDRO A. TENORIO."

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 PUBLIC LAW 94-241—MAR. 24, 1976

90 STAT. 279

SEC. 2. It is the sense of the Congress that pursuant to section 902 Special of the foregoing Covenant, and in any case within ten years from the representatives, date of the enactment of this resolution, the President of the United appointment by States should request, on behalf of the United States, the designation {jcin "ggg^^*^'^ of special representatives to meet and to consider in good faith such ^ usc'^i^^i issues affecting the relationship between the Northern INIariana Islands ^^^^^ and the United States as may be designated by either Government and to make a report and recommendations with respect thereto. Approved March 24, 1976.

LEGISLATIVE HISTORY; HOUSE REPORT No. 94-364 (Comm. on Interior and Insular Affairs). SENATE REPORTS: No. 94-433 (Comm. on Interior and Insular Affairs) and No. 94-596 (Committees on Foreign Relations and Armed Services). CONGRESSIONAL RECORD: Vol. 121 (1975): July 2 1, considered and passed House. Vol. 122 (1976): Feb. 24, considered and passed Senate, amended. Mar. 11, House concurred in Senate amendments. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS: Vol. 12, No. 13 (1976): Mar. 24, Presidential statement.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/330

 90 STAT. 280

PUBLIC LAW 94-242—MAR. 24, 1976

Public Law 94-242 94th Congress ' Mar. 24, 1976 [H.R. 1313]

Rolla, Mo. Airport property restrictions, lo iKP 171A 49 USC 1716.

An Act rp^ authorize the Secretary of Transportation to release restrictions on the use of certain property conveyed to the city of Rolla, Missouri, for airport purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, notwithstanding section 16 of the Federal Airport Act (as in effect on October 6, 1958), the Secretary of Transportation is authorized, subject to the provisions of section 4 of the Act of October 1, 1949 (50 App. U.S.C. 1622c), and the provisions of section 2 of this Act, to grant releases from any of the terms, conditions, reservations, and restrictions contained in the deed of conveyance dated October 6, 1958, under which the United States conveyed certain property to the city of Rolla, Missouri, for airport purposes. SEC. 2. Any release granted by the Secretary of Transportation under the first section of this Act shall be subject to the following conditions: (1) The city of Rolla, Missouri, shall agree that in conveying any interest in the property which the United States conveyed to the city by deed dated October 6, 1958, the city will receive an amount for such interest which is equal to the fair market value (as determined pursuant to regulations issued by such Secretary). (2) Any such amount so received by the city shall be used by the city for the development, improvement, operations, or maintenance of a public airport. Approved March 24, 1976.

LEGISLATIVE HISTORY: HOUSE REPORT No. 94-824 (Comm. on Public Works and Transportation). CONGRESSIONAL RECORD, Vol. 122 (1976): Feb. 17, considered and passed House. Mar. 11, considered and passed Senate.

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 PUBLIC LAW 94-243—MAR. 24, 1976

90 STAT. 281

Public Law 94-243 94th Congress An Act To authorize the Secretary of Transportation to release restrictions on the use of certain property conveyed to the city of Algona, Iowa, for airport purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, notwithstanding section 16 of the Federal Airport Act (as in effect on March 20, 1947), the Secretary of Transportation is authorized, subject to the provisions of section 4 of the Act of October 1, 1949 (50 App. U.S.C 1622c), and the provisions of section 2 of this Act, to grant releases from any of the terms, conditions, reservations, and restrictions contained in the deed of conveyance dated March 20, 1947, under which the United States conveyed certain property to the city of Algona, Iowa, for airport purposes. SEC. 2. Any release granted by the Secretary of Transportation under the first section of this Act shall be subject to the following conditions: (1) The city of Algona, Iowa, shall agree that in conveying any interest in the property which the United States conveyed to the city by deed dated March 20, 1947, the city will receive an amount for such interest which is equal to the fair market value (as determined pursuant to regulations issued by such Secretary). (2) Any such amount so received by the city shall be used by the city for the development, improvement, operation, or maintenance of a public airport. Approved March 24, 1976.

LEGISLATIVE HISTORY: HOUSE REPORT No. 94-825 (Comm. on Public Works and Transportation). CONGRESSIONAL RECORD, Vol. 122 (1976): Feb. 17, considered and passed House. Mar. 11, considered and passed Senate.

Mar. 24, 1976 [H.R. 2575]

Algona, Iowa. Airport property restrictions, release. 49 USC 1716.

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 90 STAT. 282

PUBLIC LAW 94-244—MAR. 24, 1976

Public Law 94-244 94th Congress An Act Mar. 24, 1976 [H.R. 3440]

Grand Junction, Colo. Airport property restrictions, release

49 USC 1716.

To authorize the Secretary of Transportation to release restrictions on the use of certain property conveyed to the city of Grand Junction, Colorado, for airport purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, notwithstanding section 16 of the Federal Airport Act (as in effect on September 14, 1951), the Secretary of Transportation is authorized, subject to the provisions of section 4 of the Act of October 1, 1949 (50 App. U.S.C. 1622c), and the provisions of section 2 of this Act, to grant releases from any of the terms, conditions, reservations, and restrictions contained in the deed of conveyance dated September 14, 1951, under which the United States conveyed certain property to the city of Grand Junction, Colorado, for airport purposes. SEC. 2. Any release granted by the Secretary of Transportation under the first section of this Act shall be subject to the following conditions: (1) The city of Grand Junction, Colorado, shall agree that in conveying any interest in the property which the United States conveyed to the city by deed dated September 14, 1951, the city will receive an amount for such interest which is equal to the fair market value (as determined pursuant to regulations issued by such Secretary). (2) Any such amount so received by the city shall be used by the city for the development, improvement, operation, or maintenance of a public airport. Approved March 24, 1976.

LEGISLATIVE HISTORY: HOUSE REPORT No. 94-827 (Comm. on Public Works and Transportation). CONGRESSIONAL RECORD, Vol. 122 (1976): Feb. 17, considered and passed House. Mar. 11, considered and passed Senate.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/333

 PUBLIC LAW 94-245—MAR. 24, 1976

90 STAT. 283

Public Law 94-245 94th Congress An Act To authorize the Secretary of Transportation to release restrictions on the use of certain property conveyed to the city of Alva, Oklahoma, for airport purposes.

Be it enacted by the Senate and House of Representatives of the United /States of America in Congress assembled, That, notwithstanding section 16 of the Federal Airport Act (as in effect on July 17, 1947), the Secretary of Transportation is authorized, subject to the provisions of section 4 of the Act of October 1, 1949 (50 App. U.S.C. 1622c), and the provisions of section 2 of this Act, to grant releases from any of the terms, conditions, reservations, and restrictions contained in the deed of conveyance dated July 17, 1947, under which the United States conveyed certain property to the city of Alva, Oklahoma, for airport purposes. SEC. 2. Any release granted by the Secretary of Transportation under the first section of this Act shall be subject to the following conditions: (1) The city of Alva, Oklahoma, shall agree that in conveying any interest in the property which the United States conveyed to the city by deed dated July 17, 1947, the city will receive an amount for such interest which is equal to the fair market value (as determined pursuant to regulations issued by such Secretary). (2) Any such amount so received by the city shall be used by the city for the development, improvement, operation, or maintenance of a public airport. Approved March 24, 1976.

LEGISLATIVE HISTORY: HOUSE REPORT No. 94-831 (Comm. on Public Works and Transportation). CONGRESSIONAL RECORD, Vol. 122 (1976): Feb. 17, considered and passed House. Mar. 11, considered and passed Senate.

Mar. 24, 1976 [H.R. 9617]

Alva, Okla. Airport property restrictions, release. 49 USC 1716.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/334

 90 STAT. 284

PUBLIC LAW 94-246—MAR. 25, 1976

Public Law 94-246 94th Congress An Act Mar. 25, 1976 [H.R. 4034]

Jerry L. Pettis Memorial Veterans' Hospital, Calif. Designation.

To designate the Veterans'. Administration hospital in Loma Linda, California, as the "Jerry L. Pettis Memorial Veterans' Hospital", and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Veterans' Administration hospital at Loma Linda, California, shall hereafter be known and designated as the "Jerry L. Pettis Memorial Veterans' Hospital". Any reference to such hospital in any law, regulation, document, record, or other paper of the United States shall be deemed a reference to it as the Jerry L. Pettis Memorial Veterans' Hospital. SEC. 2. The Administrator of Veterans' Affairs is authorized to provide such memorial at the above-named hospital as he may deem suitable to preserve the remembrance of the late Jerry L. Pettis. Approved March 25, 1976.

LEGISLATIVE HISTORY: HOUSE REPORT No. 94-486 (Comm. on Veterans' Affairs). SENATE REPORT No. 94-693 (Comm. on Veterans' Affairs). CONGRESSIONAL RECORD: VoL 121 (1975): Oct. 6, considered and passed House. VoL 122 (1976): Mar. 15, considered and passed Senate.

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 PUBLIC LAW 94-247—MAR. 25, 1976

90 STAT. 285

Public Law 94-247 94th Congress An Act To amend the Agricultural Adjustment Act of 1938 with respect to peanuts.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 358 of the Agricultural Adjustment Act of 1938 be amended by adding a new subsection (j) to read as follows: " (j) Notwithstanding any other provision of this Act, if the Secretary determines for 1976 or a subsequent year that because of a natural disaster a pjortion of the farm peanut acreage allotments in a county cannot be timely planted or replanted in such year, he itiay authorize for such year the transfer of all or a part of the peanut acreage allotments for any farm in the county so affected to another farm in the county or in an adjoining county in the same or an adjoining State on which one or more of the producers on the farm fix>m which the transfer is to be made will be engaged in the production of peanuts and will share in the proceeds thereof, in accordance with such regulations as the Secretary may prescribe. Any farm allotment transferred under this subsection shall be deemed to be released acreage for the purpose of acreage history credits under subsection (g) of this section and section 377 of this Act: Provided, That notwithstanding the provisions of subsection (g) of this section, the transfer of any farm allotment under this subsection shall operate to make the farm from which the allotment was transferred eligible for an allotment as having peanuts planted thereon during the three-year base period.". Approved March 25, 1976.

LEGISLATIVE HISTORY: HOUSE REPORT No. 94-855 (Comm. on Agriculture). SENATE REPORT No. 94-451 (Comm. on Agriculture and Forestry). CONGRESSIONAL RECORD: Vol. 121 (1975): Nov. 12, considered and passed Senate. Vol. 122 (1976): Mar. 15, considered and passed House, amended. Mar. 17, Senate concurred in House iamendment.

Mar. 25, 1976 [S. 1545] Peanuts. Acreage allotment, transfer.

7 USC 1358.

7 USC 1377

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 90 STAT. 286

PUBLIC LAW 94-248—MAR. 25, 1976

Public Law 94-248 94th Congress Joint Resolution Mar. 25, 1976 [S.J. Res. 184] Regional Rail Reorganization Act of 1973, amendments. 45 USC 702. Ante, p. 104. 45 USC 746. eommon stock shares. 45 USC 746.

45 USC 743.

45 USC 741.

45 USC 719.

45 USC 771. 45 USC 718.

To amend the Regional Rail Reorganization Act of 1973, as amended. Resolved by the /Senate and House of Representatives of the United /States of America in Congress assembled, That section 102(3) of the Regional Rail Reorganization Act of 1973, as amended, is amended by inserting after " Act " the phrase "or its successor by merger, consolidation or other form of succession carried out under applicable law for the purpose of changing the State of its incorporation". SEC. 2. Subparagraph (A) of paragraph (3) of section 306(c) of the Regional Rail Reorganization Act of 1973, as amended, is amended by striking "without regard to " and by inserting in lieu thereof "adjusted to reflect". SEC. 3. Subparagraph (B) of paragraph (3) of section 306(c) of the Regional Rail Reorganization Act of 1973, as amended, is amended to read as follows: " (B) the number of shares of common stock determined by dividing the total number of shares of common stock distributed pursuant to section 3 0 3 (c)(4) of this Act to the transferor receiving such series of certificates of value (adjusted to reflect any stock splits, stock combinations, reclassifications, or similar transactions afl^ecting the number of shares of outstanding common stock following the date of distribution pursuant to section 303(c)(4) of this title) by the total number of certificates of value in the series so distributed to such transferor.". SEC. 4. Paragraph (2) of subsection (e) of section 301 of the Regional Rail Reorganization Act of 1973, as amended, is amended by adding thereto the following sentence: "Notwithstanding anything to the contrary in the final system plan, the initial authorized number of shares of series B preferred stock may be 35,000,000, and the Corporation may issue initially for the purpose of the deposit required under section 303(a)(1) of this Act such numbers of shares of series B preferred and common stock as the Association shall certify to the Special Court pursuant to section 209(c)(1)(3) of this Act, including any modifications in such numbers of shares as may be ordered by the Special Court for the purpose of, and in connection with, such deposit and certification.". SEC. 5. Section 501(2) of the Regional Rail Reorganization Act of 1973, as amended, is amended by striking "or to an acquiring railroad" and inserting in lieu thereof ", to an acquiring railroad, o r to a State pursuant to section 208(d)(2) of this Act". Approved March 25, 1976.

LEGISLATIVE HISTORY: CONGRESSIONAL RECORD, Vol. 122 (1976): Mar. 18, considered and passed Senate. Mar. 22, considered and passed House.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/337

 90 STAT. 287

PUBLIC LAW 94-249—MAR. 25, 1976

Public Law 94-249 94th Congress An Act To rescind certain budget authority recommended in the message of the Tresident of January 23, 1976 (H. Doc. 94-342), transmitted pursuant to the Impoundment (\)ntrol Act of 1974.

Be It enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following rescissions of budget authority contained in the message of the President of January 23, 1976 ( H. Doc. 94-342), are made pursuant to the I m p o u n d m e n t Control Act of 1974, n a m e l y:

Mar. 25. 1976 [H.R. 11665]

Certain budget authority. Rescission.

31 USC 1400 note.

CONSUMER PRODUCT SAFETY COMMISSION SALARIES AND EXPENSES

Appropriations provided under this head in the Department of Housing and Urban Development—Independent Agencies A p p r o p r i a tions Act, 1976, are rescinded in the amount of $2,256,000 for the fiscal 89 Stat. 587. year ending June 30, 1976, and in the amount of $400,000 for the period July 1, 1976, through September 30, 1976. SELECTIVE SERVICE SYSTEM SALARIES AND EXPENSES

Appropriations provided under this head in the Department of Housing and Urban Development—Independent Agencies Appropriation Act, 1976, are rescinded in the amount of $1,775,000 for the period July 1, 1976, through September 30, 1976. DEPARTMENT OF THE

INTERIOR

BUREAU OF L A N D MANAGEMENT PUBLIC L A N D S DEVELOPMENT ROADS AND TRAILS

Contract authority provided in the Federal-Aid H i g h w a y Act of 1973 for Public L and s Development Roads and Trails m the amount of $4,900,000, available until June 30, 1976, is rescinded. NATIONAL P A R K SERVICE

^

^

ROAD C O N S T R U C T I O N

Contract authority provided in the Federal-Aid Highway Act of 1973 for Road Construction in the amount of $58,500,000, available until June 30, 1976, is rescinded.

89-194 O—78—pt. 1

22

23 USC 101 note,

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Page:United States Statutes at Large Volume 90 Part 1.djvu/338

 90 STAT. 288

PUBLIC LAW 94-249—MAR. 25, 1976 DEPARTMENT OF STATE EDUCATIONAL EXCHANGE MUTUAL EDUCATIONAL AND CULTURAL EXCHANGE ACTIVITIES

89 Stat. 616.

Appropriations provided under this head in the Department of State Appropriation Act, 1976, are rescinded in the amount of $5,000,000 for the fiscal year ending June 30, 1976, and in the amount of $3,000,000 for the period July 1, 1976, through September 30, 1976. Approved March 25, 1976.

LEGISLATIVE HISTORY: HOUSE REPORT No. 94-808 (Comm. on Appropriations). SENATE REPORT No. 94-640 (Comm. on Appropriations) and (Comm. on the Budget). CONGRESSIONAL RECORD, Vol. 122 (1976): Feb. 10, considered and passed House. Feb. 26, considered and passed Senate, amended. Mar. 11, House concurred in Senate amendments. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 12, No. 14: Mar. 29, Presidential statement.

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 PUBLIC LAW 94-250—MAR. 29, 1976

90 STAT. 289

Public Law 94-250 94th Congress An Act For the relief of Southeastern University of the District of Columbia.

Mar. 29. 1976 [S. 611]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the certificate Southeastern of incorporation and certificate of amendment thereto for the incor- University, D.C. poration of the Southeastern University of the District of Columbia under subchapter 1 of chapter 18 of the Code of Laws of the District of Columbia (1929 D.C. Code, title 5, ch. 8) be and the same are hereby, approved and confirmed, except as herein specifically altered and amended. SEC. 2. That the name of the corporation shall be Southeastern University. SEC. 3. The management of the said corporation shall be vested in Board of trustees. a board of trustees consisting of not less than nine nor more than thirty in number as determined from time to time by said board of trustees, one-third of whom, at all times, shall be graduates of said university, of the qualifications prescribed by said board of trustees, nominated by the alumni of said university in the manner prescribed by said board of trustees, and all of whom shall be elected by said board of trustees. Each trustee shall be elected for a term of office of three Term. years fix>m the date of expiration of the term for which his predecessor was elected; except that (1) in expanding or reducing the number of trustees under this Act, the board of trustees shall have the authority to fix or adjust the terms of office of such additional or remaining trustees, as the case may be, so that the term of office of not more than one-third of the trustees shall expire annually; and (2) a trustee elected to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be elected only for the unexpired term of such predecessor. SEC. 4. That the said board of trustees is authorized to (a) make, Functions alter, and repeal bylaws for the management of the said corporation and rules and regulations for the government of the university and the schools, faculty, and students thereof; (b) elect as officers of the said corporation and fix the salaries of a president, a treasurer, and a secretary, and such other officers as it may find necessary, for the respective terms and with the respective powers and duties as fixed by the bylaws of the said corporation; (c) appoint, from among their number, as officers of the said board of trustees and fix the salaries of a chairman, a vice chairman, and a secretary, and such other officers as it may find necessary, for the respective terms and with the respective powers and duties as fixed by the laws of the said corporation; (d) remove any trustee when, in its judgment, he shall be found incapable, by age or otherwise, of performing or discharging, or shall neglect or refuse to perform or discharge, the duties of his office; (e) determine and establish from time to time additional schools in all departments of sciences, liberal arts, and the professions, and the courses of instruction therein; (f) determine and establish, from time

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Page:United States Statutes at Large Volume 90 Part 1.djvu/340

 90 STAT. 290

Seal and corporation powers.

Income, use.

Discrimination, prohibition.

26 USC 501.

PUBLIC LAW 94-250—MAR. 29, 1976 to time, additional professorships; (g) appoint, from time to time, such deans, professors, tutors, and instructors as it may deem necessary, and fix their respective terms, duties, and salaries; and (h) grant and confer degrees, but only upon the recommendation of the appropriate school. SEC. 5. That the said corporation may have and use a common seal and alter and change the same at pleasure, and shall have power, in its corporate name, (a) to sue and be sued; (b) to plead and be impleaded; and (c) to acquire real, personal, and mixed property by grant, gift, purchase, bargain and sale, conveyance, will, devise, bequest, or otherwise to hold, use, and maintain the same solely for the purposes of education and to demise, let, mortgage, or otherwise lien, grant, sell, exchange, convey, transfer, place out at interest, or otherwise dispose of the same for its use in such manner as shall seem most beneficial thereto; subject to conforming to the express conditions of the donor of any gift, devise, or bequest with regard thereto accepted by it: Provided, That it shall not hold more land at any one time than necessary for the purpose of education, unless it shall have received the same by gift, grant, or devise, in which case it shall sell and dispose of so much of the same as may not be necessary for said purposes within fifteen years from the date of acquisition, otherwise the same shall revert to the donor or his heirs. SEC. 6. The income of said corporation from all sources whatsoever shall be held in the name of the corporation and supplied to the maintenance, endowment, promotion, and advancement of the said university, subject to conforming to the express conditions of the donor of any gift, devise, or bequest accepted by said corporation, with regard to the income therefrom. SEC. 7. That no person shall ever be required to profess any particular religious denomination, sentiment, or opinion as a condition to becoming and continuing a member of the faculty or a student, with the full benefits, privileges, and advantages thereof. SEC. 8. That no institution of learning hereafter incorporated in the District of Columbia shall use in or as its title, in whole or in part, the words "Southeastern University". SEC. 9. Upon dissolution of the corporation, the board of trustees shall, after paying or making provision for the payment of all of the liabilities of the corporation, dispose of all of the assets of the corporation exclusively for the purposes of the corporation in such manner, or to such organization or organizations organized and operated exclusively for educational purposes as shall at the time qualify as an exempt organization or organizations under section 501(c)(3) of the Internal Revenue Code of 1954 or the corresponding provision of any future United States internal revenue law, as the board of trustees shall determine.

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 PUBLIC LAW 94-250—MAR. 29, 1976

90 STAT. 291

SEC. 10. That nothing in this Act contained shall be construed as preventing the Congress from amending, annulling, or repealing the same or any part thereof. SEC. 11. The provisions of sections 2 and 3 of the Act of August 30, 1964 (Public Law 88-504; sections 2 and 3, 73 Stat. 636; 36 U.S.C. 78 Stat. 636. 1102, 1103) entitled "An Act to provide for audit of accounts of private corporations established under Federal law" shall apply with respect to the corporation. Approved March 29, 1976.

LEGISLATIVE HISTORY: HOUSE REPORT No. 94-551 (Comm. on the Judiciary). SENATE REPORT No. 94-205 (Comm. on the Judiciary). CONGRESSIONAL RECORD: Vol. 121 (1975): June 19, considered and passed Senate. Nov. 3, considered and passed House, amended. Vol. 122 (1976): Mar. 17, Senate concurred in House amendment.

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Rh Lourdes stands at the entrance to and is the key to the Lavedan, so called from abies, the pines that once clothed the mountain-sides. The Lavedan is fertile. It is the trunk whence branch out numerous valleys that run up to the roots of the mountains and receive their water. But Lavedan formed a republic of seven of these valleys—Batsouriguère, Castelloubon (through which flows the Nès), Estrom de Salles, Azun, Saint Savin, Devantaïgue, and Barèges. "Count" Henri Russell-Killough, in his Fortnight Among the Pyrenees, describes the Lavedan.

"Vine, fig trees, cherry trees, poplars, willows, elms, walnuts, maize, all meet here, and vegetation rises nearly to the tops of the mountains. On a fine day the whole thing looks like a modern Eden."

I remember Lourdes before it was "invented" by Bernadette Soubirous and the curé Peyramale. It was a dead place, with narrow streets, very dirty, clustered about the rock on which stands the castle. Although the true capital of the Lavedan, the market for all the produce of the Seven Valleys, yet it seemed to be tenanted only by beggars. Lourdes commands the roads which here unite from Argelez, Tarbes, Pau, and Bagnères. It was a place of great military importance, and was the last stronghold in Guyenne retained by the English. It did not surrender till 1418. The castle had been given to the English by the French king John as part of his ransom, in conformity with the Treaty of Bretigny, 1360, when the towns and barons of Gascony were required to swear allegiance to the Black Prince, as representative of the English king. After awhile the country rose in revolt, exasperated by the exactions of the English, and the Duke of Anjou, brother of Charles V, supported the Bigorriens.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/342

 90 STAT. 292

PUBLIC LAW 94-251—MAR. 29, 1976

Public Law 94-251 94th Congress An Act Mar. 29, 1976 [H.R. 9570]

Carbonyl chloride. Disposal.

50 USC 1512. 50 USC 1513.

To authorize the sale and shipment incident to such sale of the chemical substance carbonyl chloride by the Department of Defense.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. The Secretary of Defense is authorized to dispose of the entire inventory of the chemical substance carbonyl chloride under his jurisdiction by sale within the United States of the carbonyl chloride or of any commercially available derivative thereof. SEC. 2. Nothing contained in section 409 of Public Law 91-121, as amended, or in section 506 of Public Law 91-441, shall be deemed to restrict any sale authorized by section 1 hereof, or any transportation incident to such sale. Approved March 29, 1976.

LEGISLATIVE HISTORY: HOUSE REPORT No. 94-635 (Comm. on Armed Services). SENATE REPORT No. 94-692 (Comm. on Armed Services). CONGRESSIONAL RECORD: Vol. 121 (1975): Nov. 17, considered and passed House. Vol. 122 (1976): Mar. 16, considered and passed Senate.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/343

 90 STAT. 293

PUBLIC LAW 94-252—MAR. 30, 1976

Public Law 94-252 94th Congress Joint Resolution Making supplemental railroad appropriations for the fiscal year ending June 30, 1976, the period ending September 30, 1976, the fiscal year ending September 30, 1978, and the fiscal year ending September 30, 1979, and for other purposes.

Mar. 30, 1976 [HJ. Res. 801]

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums are Railroads. appropriated, out of any money in the Treasury not otherwise appro- Supplemental priated, for the fiscal year ending June 30, 1976, the period ending appropriations. September 30, 1976, the fiscal year ending September 30, 1978, and the fiscal year ending September 30, 1979, and for other purposes, namely: DEPARTMENT OF TRANSPORTATION \

FEDERAL RAILROAD ADMINISTRATION

•

/^

\

\

\ NORTHEAST CORRIDOR IMPROVEMENT PROGRAM

For necessary expenses related to Northeast Corridor improvements for fiscal year 1976, $25,000,000, to remain available until expended. For necessary expenses related to Northeast Corridor improvements for the period July 1, 1976 through September 30, 1976, $25,000,000, to remain available until expended. GRANTS TO THE NATIONAL RAILROAD PASSENGER CORPORATION

For additional amounts for "Grants to the National Railroad Passenger Corporation", $36,500,000 to remain available until expended: Provided, That not to exceed $21,200,000 in fiscal year 1976 and $5,300,000 in the period July 1, 1976, through September 30, 1976, shall be available for additional operating expenses for the Corporation in connection with the Corporation's additional operating responsibilities over the rail properties of the Northeast Corridor; non-recurring costs related to the initial assumption of control and responsibility for maintaining rail operations on the Northeast Corridor, $10,000,000. URBAN MASS TRANSPORTATION ADMINISTRATION URBAN MASS TRANSPORTATION FUND RAIL SERVICE OPERATING PAYMENTS

For an additional payment to the Urban Mass Transportation Fund there is hereby appropriated to remain available until expended, for the purposes of the Urban Mass Transportation Act of 1964, as amended by Public Law 94-210, $25,000,000. The amount appropriated in preceding paragraph shall be added, as needed, to the limitations contained in section 306 of Public Law 94-134.

49 USC 1601 note. Ante, p. 143. 89 Stat. 710.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/344

 90 STAT. 294

PUBLIC LAW 94-252—MAR. 30, 1976 UNITED STATES RAILWAY ASSOCIATION PAYMENTS FOR PURCHASE OF CONRAIL SECURITIES

For acquisition of debentures and series A preferred stock issued by the Consolidated Rail Corporation to remain available until expended, $500,000,000 for fiscal year 1976 and $350,000,000 for the period July 1, 1976 through September 30, 1976: Provided, That not to exceed $308,000,000 shall be made available to the Corporation for operating losses of the Corporation. For acquisition of debentures and series A preferred stock issued by the Consolidated Rail Corporation to become available on September 30, 1976, and to remain available until expended, $615,000,000: Provided, That not to exceed $200,000,000 shall be made available to the Corporation for operating losses of the Corporation. For acquisition of debentures and series A preferred stock issued by the Consolidated Rail Corporation to remain available until expended, $425,000,000 for fiscal year 1978 and $136,000,000 for fiscal year 1979. ADMINISTRATION EXPENSES

For an additional amount for "Administrative expenses" for fiscal year 1976, $5,800,000, to remain available until expended. MISCELLANEOUS PROVISIONS

5 use8344 note.

On and after the date of the enactment of the joint resolution, the provisions of section 8344 of title 5, United States Code, shall not apply to any individual serving as a member of the Commission on the Operation of the Senate. Approved March 30, 1976.

LEGISLATIVE HISTORY: HOUSE REPORTS: No. 94-832 (Coram, on Appropriations) and No. 94-941 (Coram, of Conference). SENATE REPORT No. 94-637 (Coram, on Appropriations). CONGRESSIONAL RECORD, VoL 122 (1976): Feb. 18, considered and passed House. Feb. 25, 26, considered and passed Senate, araended. Mar. 25, House agreed to conference report, concurred in Senate araendments; Senate agreed to conference report.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/345

 90 STAT. 295

PUBLIC LAW 94-253—MAR. 31, 1976

Public Law 94-253 94th Congress An Act To provide tax treatment for exchanges under the final system plan for ConRail.

Mar, o l, 1976

[H.R. 12490] Be it enacted by the Sen-ate and House of Representatives United States of America in Congress assembled,

of the

SECTION 1. TAX TREATMENT OF EXCHANGES UNDER THE FINAL SYSTEM PLAN FOR CONRAIL.

ConRail exchanges. Tax treatment.

(a) I x GEXERAL.—Section 374 of the Internal Revenue Code of 1954 (relating to gain or loss not recognized in certain railroad 26 USC 374. reorganizations) is amended by redesignating subsection (c) as subsection (d) and by inserting after subsection (b) the following new subsection: " (c) ExCHAXGES UXDER THE FiNAL SYSTEM P L A N FOR C O N R A I L. —

" (1) I x GEXERAL.—No gain or loss shall be recognized if, in order to carry out the final system plan, rail properties of a transferor railroad corporation are transferred to the Consolidated Rail Corporation (or any subsidiary thereof) pursuant to an order of the special court under section 303 or 305(d) of the Regional Rail Reorganization Act of 1973 in exchange solely for stock of the 45 USC 743. Consolidated Rail Corporation, securities of such Corporation, Ante, p. 100 certificates of value of the United States Railway Association, or 45 USC 745. any combination thereof. " (2) ExciiAXGES xoT SOLELY IX Kixi).—If paragraph (1) would apply to an exchange if it were not for the fact that the property received in exchange consists not only of property permitted by paragraph (1) to be received without the recognition of gain or loss, b u t also of other property or money, then rules similar to the rules set forth in paragraph (2) or (3) of subsection (a) (whichever is appropriate) shall be applied. " (3) BASIS.—The basis of the property transferred to the Consolidated Rail Corporation (or any subsidiary thereof) in an exchange to which paragraph (1) or (2) applies shall be determined under rules similar to the rules set forth in subsection (b). " (4) D E X I A L OF XET OPERATING LOSS CARRYOVERS TO COXRAIL.—

Xeither the Consolidated Rail Corporation nor any subsidiary thereof shall succeed to any net operating loss carryover of any transferor railroad corporation. " (5) DEFINITIONS. — For purposes of this subsection— " (A) R A I L PROPERTIES.—The term 'rail properties' means rail properties within the meaning of paragraph (12) of section 102 of the Regional Rail Reorganization Act of 1973. 45 USC 702. " (B) TRANSFEROR RAILROAD CORPORATION.—The term ' t r a n s -

l^j,,^^

feror railroad corporation' means a corporation which, on March 11, 1976, was— " (i) a railroad in reorganization (within the meaning of paragraph (14) of section 102 of the Regional Rafl Reorganization Act of 1973) in the region (within the meaning of paragraph (15) of such section 102), or " ( i i) a corporation leased, operated, or controlled by such a railroad in reorganization.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/346

 9 0 STAT. 2 9 6

PUBLIC LAW 94-253—MAR. 31, 1976 "(C)

means the final system plan (within the meaning of para, g r a p h (6) of section 102 of such Act). Such term includes supplemental transactions under section 305 of such Act. " (D) SUBSIDIARY.—The term ' s u b s i d i a r y ' means any corporation 100 percent of whose total combined voting shares are, directly or indirectly, owned or controlled by the Consolidated Rail Corporation."

45 USC 702. Ante, p. 100. 45 USC 745. {h>i ^j-> i. !.Ai\

F I N A L SYSTEM P L A N. — The term 'final system p l a n '

• '

(b) BASIS AMENDMENTS. — (1) BASIS OF PROPERTY

26 USC 358. f; J.. -.-

RECEIVED

BY TRANSFEROR

RAILROAD

CORPORATIONS.—Section 358(a) of such Code (relating to basis to distributees) is amended by striking out "or 371 (b) " and inserting in lieu thereof "371 (b), or 374". (2) ALLOCATION OF BASIS.— Subsection (b) of section 358 of such

Code (relating to allocation of basis) is amended by adding at the end thereof the following new paragraph: "(3)

CERTAIN EXCHANGES INVOLVING CONRAIL.—To the extent

provided in regulations prescribed by the Secretary or his delegate, i n the case of an exchange to which section 354(d) ( o r so much of section 356 as relates to section 3 5 4 (d)) or section 374(c) applies, for purposes of allocating basis under paragraph (1), stock of the Consolidated Rail Corporation and the certificate of value of the United States Railway Association which relates to such stock shall, so long as they are held by the same person, be treated as one property. " (c) E F F E C T S ON SHAREHOLDERS AND SECURITY HOLDERS.—Section 354

26 USC 354.

of such Code (relating to exchanges of stock and securities in certain reorganizations) is amended by a d d i n g a t the end thereof the following new subsection: "(d)

EXCHANGES ITNDER THE F I N A L SYSTEM P L A N FOR CONRAIL.—

Xo gain or loss shall be recognized if stock or securities in a corporation are, in pursuance of an exchange to which paragraph (1) or (2) of section 374(c) applies, exchanged solely for stock of the Consolidated Rail Corporation, securities of such Corporation, certificates of value of the ignited States Railway Association, or any combination thereof." Clause (i) of section 356(d)(2)(B) of such Code (relating to receipt of additional consideration) is amended by striking out "subsection (c) thereof" and inserting in lieu thereof "subsection (c) or (d) thereof".

26 USC 356.

(d) I^sE OF EXPIRED N E T OPERATING Loss CARRYOVERS TO OFFSET INCOME ARISING F R O M CERTAIN RAILROAD REORGANIZATION PROCEED-

26 USC 374. J;th.;

iNGs.—Section 374 of such Code (relating to gain or loss not recognized in certain railroad reorganizations) is amended by a d d i n g at the end thereof the following new subsection:

«^g^ jjgp ^p EXPIRED N E T OPERATING Loss CARRYOVERS To OFFSET INCOME ARISING F R O M CERTAIN RAILROAD REORGANIZATION PROCEEDTNGS.— " (1) IN GENERAL.—If—

•' " 11 USC 205.

'" " •

45 USC 743. Antt, p. 100, 104. 45 USC 745, 746.

" (A) any corporation receives or accnies any amount pursuant to— " (i) an a w a r d in (or settlement of) a proceeding under section 77 of the B a n k r u p t c y Act, " ( i i) a^n award in (or settlement of) a proceeding before the special court to carry out section 303(c), 305, ^ or 306 of the Regional Rail Reorganization Act of 1973.

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 PUBLIC LAW 94-253—MAR. 31, 1976

3

90 STAT. 297

"(iii) an award in (or settlement of) a proceeding in the Court of Claims under section 1491 of title 28 of the United States Code, to the extent such proceeding involves a claim arising under the Kegional Rail Reorganization Act of 1973, or 45 USC 701 note. "(iv) a redemption of a certificate of value of the United States Railway Association issued to such corporation under section 306 of such Act, Ante, p. 104. "(B) any portion of such amount is includible in the gross ^ ^^^ ^^income of such corporation for the taxable year in which suoh portion is received or accrued, and suoh taxable year begins not more than 5 years after the date of such award, settle; ment, or redemption, and "(C) the net operating loss of such corporation for any ., ,,,j^ taxable year— "(i) was a net operating loss carryover to, or arose in, the first taxable year of such corporation ending after March 31, 1976 (or, in the case of a proceeding referred to in subparagraph (A)(i) which began after March 31, 1976, ending after the beginning of such proceeding), but "(ii) solely by reason of the lapse of time, is not a net i operating loss carryover to the taxable year referred to in subparagraph (B), , then such net operating loss shall be a net operating loss carryover to the taxable year described in subparagraph (B) but only for use (to the extent not theretofore used under this subsection to offset other amounts) to offset the portion referred to in subparagraph (B). "(2) SPECIAL RULE.—For purposes of paragraph (1)(C)(i), a

corporation which was a regulated transportation corporation (within the meaning of section 172(j)) for its last taxable year 26 USC 172. ending on or before March 31, 1976, shall be treated as such a regulated transportation corporation for its first taxable year ending after such date.". SEC. 2. EFFECTIVE DATE.

The amendments made by section 1 shall apply to taxable years ending after March 31, 1976. Approved March 31, 1976.

LEGISLATIVE HISTORY: HOUSE REPORT No. 94-940 (Comm. on Ways and Means). CONGRESSIONAL RECORD, Vol. 122 (1976): Mar. 24, considered and passed House. Mar 25, considered and passed Senate.

26 USC 374 note.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/348

 90 STAT. 298

PUBLIC LAW 94-254—MAR. 31, 1976

Public Law 94-254 94th Congress Joint Resolution Mar. 31, 1976 [H.J. Res. 857] Continuing appropriations, 1976. 89 Stat. 230, 847. 89 Stat. 225.

National Commission on Water Quality, additional funds. 33 USC 1325.

Making further continuing appropriations for the fiscal year 1976, and the period ending September 30, 1976, and for other purposes.

Resolved by the Senate and House of Representatives of the United States of America in Go^igress assembled, That clause (c) of section 102 of the joint resolution of June 27, 1975 (Public Law 94-41, as amended by Public Law 94-159), is hereby further amended by striking out "March 31, 1976^' and inserting in lieu thereof "September 30, 1976". SEC. 2. The first section of the tenth unnumbered clause of section 101(b) of such joint resolution is amended by inserting after "VII", the following "(except sections 792, 793, and 794(a))". SEC. 3. The first unnumbered clause of section 101(e) of such joint resolution is amended by striking out "section 314(d)" and inserting in lieu thereof "sections 312,313,792,793, and 794(a)". SEC. 4. There is hereby appropriated, out of any money in the Treasury not otherwise appropriated, an additional amount of $175,000 for the National Commission on Water Quality, authorized by section 315 of the Federal Water Pollution Control Act, as amended, to complete the work of the Commission. Approved March 31, 1976.

iiVJ' • l!»'Ji- / JIO- * > * ^ '

.-r

LEGISLATIVE HISTORY: HOUSE REPORT No. 94-893 (Comm. on Appropriations). SENATE REPORT No. 94-702 (Comm. on Appropriations). CONGRESSIONAL RECORD, Vol. 122 (1976): Mar. 16, considered and passed House. Mar. 25, considered and passed Senate.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/349

 PUBLIC LAW 9 4 - 2 5 5 — A P R. 1, 1976

90 STAT. 299

Public Law 94-255 94th Congress An Act To amend section 2 of the Act of June 30, 1954, providing for the continuance of civil government for the Trust Territory of the Pacific Islands, 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 2 of the Act of June 30, 1954 (68 Stat. 330), is amended by deleting "plus such sums as are necessary, but not to exceed $10,000,000, for each of such fiscal years, to offset reductions in, or the termination of. Federal grant-in-aid programs or other funds made available to the T r u s t Territory of the Pacific Islands by other Federal agencies", and inserting in lieu thereof the following: "for fiscal year 1976, $80,000,000; for the period beginning July 1, 1976, and ending September 30, 1976, $15,100,000; for fiscal year 1977, $80,000,000; and such amounts as were authorized but not appropriated for fiscal year 1975, and u p to but not to exceed $8,000,000 for the construction of such buildings as are required for a four-year college to ser\-e the Micronesian community (no appropriations for the construction of such buildings shall, however, be made (A) until, but not later than one year after the date of the enactment of this Act, the President causes a study to be made by an appropriate authority to determine the educational need and the most suitable educational concept for such a college and transmits such study, together with his reconmiendations, to the Connnittees on Interior and Insular Affairs of the Senate and House of Representatives of the United States within said one year period and (B) until 90 calendar days after the receipt of such study and recommendations which shall be deemed approved unless specifically disapproved by resolution of either such committee), and $1,800,000 for a human development project in the Marshall Islands plus such smns as are necessary, but not to exceed $10,000,000, for each of such fiscal years, or periods, to offset reductions in, or the termination of, Federal grant-inaid programs or other funds made available to the T r u s t Territory of the Pacific Islands by other Federal agencies, which amounts for each such fiscal year or other period shall be adjusted u p w a r d or downward and presented to the Congress in the budget document for the next succeeding fiscal year as a supplemental budget request for the current fiscal year, to offset changes in the purchasing power of the United States dollar by multiplying such amounts by the Gross National P r o d u c t Implicit Price Deflator for the t h i r d quarter of the calendar year numerically preceding the fiscal year or other period for which such supplemental appropriations are made, and dividing the resulting product by the Gross National Product Implicit Price Deflator for the t h i r d quarter of the calendar year 1974,".

Apr. 1, 1976 [H.R. 12122]

Trust Territory of the Pacific Islands. Civil government, continuance. Appropriation. 48 USC 1681 note.

Micronesian college, study, report to congressional committees.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/350

 90 STAT. 300

PUBLIC LAW 94-255—APR. 1, 1976

48 USC 142Iq.

SBC. 2. The laws of the United States which are made applicable to the Northern Mariana Islands by the provisions of section 502(a)(1) of H.J. Res. 549, as approved by the House of Representatives and the Senate, except for section 228 of title II and title X VI of the Social Security Act as it applies to the several States and the Micronesia Claims Act as it applies to the Trust Territory of the Pacific Islands. shall be made applicable to Guam on the same terms and conditions as such laws are applied to the Northern Mariana Islands.

Ante, p. 268. 42 USC 428, l^^l2018 *^^ lo,«;i

Approved April 1, 1976.

LEGISLATIVE HISTORY; HOUSE REPORT No. 94-291 accompanying H.R. 7688 (Comm. on Interior and Insular Affairs). SENATE REPORT No. 94-496 accompanying H.R. 7688 (Comm. on Interior and Insular Affairs). CONGRESSIONAL RECORD, Vol. 122 (1976): Feb. 26, considered and passed House. Mar. 9, considered and passed Senate, amended. Mar. 11, House concurred in Senate amendments with amendments. Mar. 16, Senate concurred in House amendments with an amendment. Mar. 18, House concurred in Senate amendment.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/351

 PUBLIC LAW 94-256—APR. 1, 1976

Public Law 94-256 x 94th Congress \

90 STAT. 301

. An Act

To revise the per diem allowance authorized for members of the American Battle Monuments Commission when in a travel status.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the second paragraph of the first section of the Act entitled "An Act for the creation of an American Battle Monuments Commission to erect suitable memorials commemorating the services of the American soldier in Europe, and for other purposes", approved March 4, 1923 (42 Stat. 1509; 36 U.S.C. 121), is amended to read as follows: "The members of the Commission shall serve as such without compensation, except that (1) their actual expenses in connection with the work of the Commission, (2) when in a travel status outside the continental United States, a per diem at the same rate prescribed for members of the uniformed services under section 405 of title 37, United States Code, in lieu of subsistence, and (3) when in a travel status within the continental United States, a per diem at the same rate authorized to be paid under sections 5702 and 5703 of title 5, United States Code, in lieu of subsistence, may be paid to such members from any funds appropriated for the purposes of this Act, or acquired by other means hereinafter authorized.". Approved April 1, 1976.

LEGISLATIVE HISTORY: HOUSE REPORT No. 94-600 (Comm. on Veterans' Affairs). SENATE REPORT No. 94-695 (Comm. on Veterans'Affairs). CONGRESSIONAL RECORD: Vol. 121 (1975): Nov. 4, considered and pastsed House. Vol. 122 (1976): Mar. 15, considered and passed Senate, amended. Mar. 18, House concurred in Senate amendments.

Apr. 1, 1970 [H.R. 8507]

American Battle Monuments Commission, members, J^ * ™ ® auowance.

'
 * s;

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 90 STAT. 302

PUBLIC LAW 94-257—APR. 1, 1976

Public Law 94-257 94th Congress An Act Apr. 1, 1976 [H.R. 3427]

Declaration of Independence, signing by Charles Carroll. Commemorative medals.

Cost.

Size.

To provide for the striking of medals in commemoration of the two hundredth anniversary of the signing of the Declaration of Independence by Charles Carroll of CarroUton.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in commemoration of the two hundredth anniversary of the signing of the Declaration of Independence by Charles Carroll of Carrollton, the last surviving signer of the Declaration, the Secretary of the Treasury shall strike and furnish to the Baltimore Museum of Art, of Baltimore, Maryland, not more than fifty thousand medals with emblems, designs, and inscriptions reproducing those on the medal heretofore struck by the Mint in honor of the ninetieth birthday of Charles Carroll of Carrollton, except for variations to be determined by the Baltimore Museum of Art subject to the approval of the Secretary of the Treasury. The medals shall be made and delivered at such times as may be required by the Baltimore Museum of Art in quantities of not less than two thousand, but no medals shall be made after December 31, 1976. The medals shall be considered to be national medals within the meaning of section 3551 of the Revised Statutes (31 U.S.C. 368). SEC. 2. The Secretary of the Treasury shall cause such medals to be struck and furnished at not less than the estimated cost of manufacture, including labor, materials guides, use of machinery, and overhead expenses. Security satisfactory to the Director of the Mint shall be furnished to indemnify the United States for full payment of such costs. SEC. 3. The medals authorized to be issued pursuant to this Act shall be of bronze and of such size or sizes as shall be determined by the Secretary of the Treasury in consultation with the Baltimore Museum of Art. Approved April 1, 1976.

LEGISLATIVE HISTORY: SENATE REPORT No. 94-700 (Comm. on Banking, Housing and Urban Affairs). CONGRESSIONAL RECORD: Vol. 121 (1975): Oct. 20, considered and passed House. Vol. 122 (1976): Mar. 18, considered and passed Senate.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/353

 PUBLIC LAW 94-258—APR. 5, 1976

90 STAT. 303

Public Law 94-258 94th Congress An Act To authorize the Secretary of the Interior to establish on certain public lands of the United States national petroleum reserves the development of which needs to be regulated in a manner consirtent with the total energy needs of the Nation, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Naval Petroleum Reserves Production Act of 1976".

Apr. 5. 1976 [H.R. 49]

Naval Petroleum Reserves Production Act of

1976.

TITLE I—NATIONAL PETROLEUM RESERVE IN ALASKA 42 USC 6501 DEFINITION

note. 42 USC 6501.

SEC. 101. As used in this title, the term "petroleum" includes crude oil, gases (including natural gas), natural gasoline, and other related hydrocarbons, oil shale, and the products of any of such resources. D E S I G N A n O X o r THE NATIONAL PETROLEUM RESERVE I N ALASKA

SEC. 102. The area known as Naval Petroleum Reserve Numbered 4, Alaska, established by Executive order of the President, dated February 27, 1923, except for tract Numbered 1 as described in Public Land Order 2344, dated April 24, 1961, shall be transferred to and administered by the Secretary of the Interior in accordance with the provisions of this Act. Effective on the date of transfer all lands within such area shall be redesignated as the "National Petroleum Reserve in Alaska" (hereinafter in this title referred to as the "reserve"). Subject to valid existing rights, all lands within the exterior boundaries of such leserve are hereby reserved and withdrawn from all forms of entry and disposition under the public land laws, including the mining and mineral leasing laws, and all other Acts; but the Secretary is authorized to (1) make dispositions of mineral materials pursuant to the Act of July 31, 1947 (61 Stat. 681), as amended (30 U.S.C. 601), for appropriate use by Alaska Natives, (2) make such dispositions of mineral materials and grant such rights-of-way, licenses, and permits as may be necessary to carry out his responsibilities under this Act, and (3) convey the surface of lands properly selected on or before December 18, 1975, by Native village corporations pursuant to the Alaska Native Claims Settlement Act. All other provisions of law heretofore enacted and actions heretofore taken reserving such lands as a Naval Petroleum Reserve shall remain in full force and effect to the extent not inconsistent with this Act.

42 USC 6502. 43 eFR app.

43 USC 1601 note.

TRANSFER OF JURISDICrnON

SEC. 103. (a) Jurisdiction over the reserve shall be transferred by 42 USC 6503. the Secretary of the Navy to the Secretary of the Interior on June 1, 1977. (b) With respect to any activities related to the protection of environmental, fish and wildlife, and historical or scenic values, the Secretary of the Interior shall assume all responsibilities as of the date

89-194 O—78—pt. 1

23

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Page:United States Statutes at Large Volume 90 Part 1.djvu/354

 90 STAT. 304

PUBLIC LAW 94-258—APR. 5, 1976

Rules and regulations.

of the enactment of this title. As soon as possible, but not later than fj^Q effective date of transfer, the Secretary of the Interior may promulgate such rules and regulations as he deems necessary and appropriate for the protection of such values within the reserve. (c) The Secretary of the Interior shall, u^on the effective date of the transfer of the reser-ve, assume the responsibilities and functions of '. the Secretary of the Navy under any contracts which may be in effect with respect to activities within the reserve. (d) On the date of transfer of jurisdiction of the reserve, all equipment, facilities, and other property of the Department of the Navy used in connection with the operation of the reserve, including all records, maps, exhibits, and other informational data held by the Secretary of the Navy in connection with the reserve, shall be transferred without reimbursement from the Secretary of the Navy to the Secretary of the Interior who shall thereafter he. authorized to use , themtocarry out the provisions of this title. ' ' (e) On the date of transfer of jurisdiction of the reserve, the Secretary of the Navy shall transfer to the Secretary of the Interior all unexpended funds previously appropriated for use in connection with the reserve and all civilian personnel ceilings assigned by the Secretary of the Navy to the management and operation of the reserve as of January 1, 1976. ADMINISTRATION OF THE RESERVE

Petroleum production, prohibition,

42 USC 6504. Explorations.

Information, submittal to congressional committees.

^
 * JC

Contracts.

,, 'r

SEC. 104. (a) Except as provided in subsection (e) of this section, production of petroleum from the reserve is prohibited and no development leading to prodiiction of petroleum from the reserve shall be undertaken until authorized by an Act of Congress. (b) Any exploration within the Utukok River, the Teshekp\ik Lake areas, and other areas designated by the Secretary of the Interior containing any significant subsistence, recreational, fish and wildlife, or historical or scenic value, shall be coinlucted in a manner which will assure the maximum protection of such surface values to the extent consistent with the requirements of this Act for the exploration of the reserve. (c) The Secretary of the Navy shall continue the ongoing petroleum exploration program within the reserve until the date of the transfer of jurisdiction specified in section lOBYal. Prior to the date of such transfer of jurisdiction the Secretary of the Navy shall— (1) cooperate fully with the Secretary of the Interior providing him access to such facilities and such information as he may request to facilitate the transfer of jurisdiction; (2) provide to the Committees on Interior and Insular Affairs of the Senate and the House of Representatives copies of any reports, plans, or contracts pertaining to the reserve that are required to be submitted to the Committees on Armed Services of the Senate and the House of Representatives; and (3) cooperate and consult with the Secretary of the Interior before executing any new contract or amendment to any existing contract pertaining to the reserve and alloTV him a reasonable opportunity to comment on such contract or amendment, as the case may be. (d) The Secretary of the Interior shall commence further petroleum exploration of the reserve as of the date of transfer of jurisdiction specified in section 103(a). In conducting this exploration effort, the Secretary of the Interior— (1) is authorized to enter into contracts for the exploration of the reserve, except that no such contract may be entered into until

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