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Page:United States Statutes at Large Volume 90 Part 1.djvu/1072

 90 STAT. 1022

^

^

Grants.

Ante, p. 1015.

Loans.

PUBLIC LAW 94-370—JULY 26, 1976 "(4) Each coastal state shall use the proceeds of grants received by it under this subsection for the following purposes (except that priority shall be given to the use of such proceeds for the purpose set forth in subparagraph (A)): "(A) The retirement of state and local bonds, if any, which are guaranteed under subsection (d)(2); except that, if the amount of such grants is insufficient to retire both state and local bonds, priority shall be given to retiring local bonds, "(B) The study of, planning for, development of, and the carrying out of projects and programs in such state which are— "(i) necessary, because of the unavailability of adequate financing under any other subsection, to provide new or 1 *i !'; improved public facilities and public services which are required as a direct result of new or expanded outer Continental Shelf energy activity; and "(ii) of a type approved by the Secretary as eligible for grants under this paragraph, except that the Secretary may not disapprove any project or program for highways and secondary roads, docks, navigation aids, fire and police protection, water supply, waste collection and treatment (including drainage), schools and education, and hospitals and health care. "(C) The prevention, reduction, or amelioration of any unavoidable loss in such state's coastal zone of any valuable environmental or recreational resource if such loss results from coastal energy activity. "(5) The Secretary, in a timely manner, shall determine that each coastal state has expended or committed, and may determine that such state will expend or commit, grants which such state has received under this subsection in accordance with the purposes set forth in paragraph (4). The United States shall be entitled to recover from any coastal state an amount equal to any portion of any such grant received by such state under this subsection which— "(A) is not expended or committed by such state before the close of the fiscal year immediately following the fiscal year in which the grant was disbursed, or "(B) is expended or committed by such state for any purpose other than a purpose set forth in paragraph (4). Before disbursing the proceeds of any grant under this subsection to any coastal state, the Secretary shall require such state to provide adequate assurances of being able to return to the United States any amounts to which the preceding sentence may apply. " (c) The Secretary shall make grants to any coastal state if the Secretary finds that the coastal zone of such state is being, or is likely to be, significantly affected by the siting, construction, expansion, or operation of new or expanded energy facilities. Such grants shall be used for the study of, and planning for (including, but not limited to, the application of the planning process included in a management program pursuant to section 305(b)(8)) any economic, social, or environmental consequence which has occurred, is occurring, or is likely to occur in such state's coastal zone as a result of the siting, construction, expansion, or operation of such new or expanded energy facilities. The amount of any such grant shall not exceed 80 per centum of the cost of such study and planning. "(d)(1) The Secretary shall make loans to any coastal state and to any unit of general purpose local government to assist such state or unit to provide new or improved public facilities or public services, or

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Page:United States Statutes at Large Volume 90 Part 1.djvu/1073

 PUBLIC LAW 94-370—JULY 26, 1976 both, which are required as a result of coastal energy activity. Such loans shall be made solely pursuant to this title, and no such loan shall require as a condition thereof that any such state or unit pledge its full faith and credit to the repayment thereof. No loan shall be made under this paragraph after September 30, 1986. "(2) The Secretary shall, subject to the provisions of subsection (f), guarantee, or enter into commitments to guarantee, the payment of interest on, and the principal amount of, any bond or other evidence of indebtedness if it is issued by a coastal state or a unit of general purpose local government for the purpose of providing new or improved public facilities or public services, or both, which are required as a result of a coastal energy activity. "(3) If the Secretary finds that any coastal state or unit of general purpose local government is unable to meet its obligations pursuant to a loan or guarantee made under paragraph (1) or (2) because the actual increases in employment and related population resulting from coastal energy activity and the facilities associated with such activity do not provide adequate revenues to enable such state or unit to meet such obligations in accordance with the appropriate repayment schedule, the Secretary shall, after review of the information submitted by such state or unit pursuant to subsection (e)(3), take any of the following actions: "(A) Modify appropriately the terms and conditions of such loan or guarantee. "(B) Refinance such loan. "(C) Make a supplemental loan to such state or unit the proceeds of which shall be applied to the payment of principal and interest d\i& under such loan or guarantee. "(D) Make a grant to such state or unit the proceeds of which shall be applied to the payment of principal and interest due under such loan or guarantee. Notwithstanding the preceding sentence, if the Secretary— "(i) has taken action under subparagraph (A), (B), or (C) with respect to any loan or guarantee made under paragraph (1) or (2), and "(ii) finds that additional action under subparagraph (A), (B), or (C) will not enable such state or unit to meet, within a reasonable time, its obligations under such loan or guarantee and any additional obligations related to such loan or guarantee; the Secretary shall make a grant or grants under subparagraph (D) to such state or unit in an amount sufficient to enable such state or unit to meet such outstanding obligations. "(4) The Secretary shall make grants to any coastal state to enable such state to prevent, reduce, or ameliorate any unavoidable loss in such state's coastal zone of any valuable environmental or recreational resource, if such loss results from coastal energy activity, if the Secretary finds that such state has not received amounts under subsection (b) which are sufficient to prevent, reduce, or ameliorate such loss. "(e) Rules and regulations with respect to the following matters shall be promulgated by the Secretary as soon as practicable, but not later than 270 days after the date of the enactment of this section: "(1) A formula and procedures for apportioning equitably, among the coastal states, the amounts which are available for the provision of financial assistance under subsection (d). Such formula shall be based on, and limited to, the following factors: "(A) The number of additional individuals who are expected to become employed in new or expanded coastal

90 STAT. 1023

Rules and regulations. Financial assistance, formula and procedures.

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


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Page:United States Statutes at Large Volume 90 Part 1.djvu/1074

 90 STAT. 1024

PUBLIC LAW 94-370—JULY 26, 1976

energy activity, and the related new population, who reside in the respective coastal states. "(B) The standardized unit costs (as determined by the Secretary by rule), in the relevant regions of such states, for new or improved public facilities and public services which are required as a result of such expected employment and the related new population. "(2) Criteria under which the Secretary shall review each ' coastal state's compliance with the requirements of subsection (g)(2). Criteria and " (3) Criteria and procedures for evaluating the extent to which procedures for any loan or guarantee under subsection (d)(1) or (2) which is repayment. applied for by any coastal state or unit of general purpose local government can be repaid through its ordinary methods and rates for generating tax revenues. Such procedures shall require such state or unit to submit to the Secretary such information which is specified by the Secretary to be necessary for such evaluation, including, but not limited to— "(A) a statement as to the number of additional indi' viduals who are expected to become employed in the new or expanded coastal energy activity involved, and the related new population, who reside in such state or unit; -. "(B) a description, and the estimated costs, of the new or improved public facilities or public services needed or likely -^ to be needed as a result of such expected employment and . ' related new population; "(C) a projection of such state's or unit's estimated tax receipts during such reasonable time thereafter, not to exceed 30 years, which will be available for the repayment of such loan or guarantee; and "(D) a proposed repayment schedule. The procedures required by this paragraph shall also provide for the periodic verification, review, and modification (if necessary) by the Secretary of the information or other material required to be submitted pursuant to this paragraph. "(4) Requirements, terms, and conditions (which may include the posting of security) which shall be imposed by the Secretary, in connection with loans and guarantees made under subsections (d)(1) and (2), in order to assure repayment within the time fixed, to assure that the proceeds thereof may not be used to provide public services for an unreasonable length of time, and otherwise to protect the financial interests of the United States. Interest rate. "(5) Criteria under which the Secretary shall establish rates of interest on loans made under subsections (d)(1) and (3). Such rates shall not exceed the current average market yield on outstanding marketable obligations of the United States with ' remaining periods to maturity comparable to the maturity of such loans. In developing rules and regulations under this subsection, the Secretary shall, to the extent practicable, request the views of, or consult with, appropriate persons regarding impacts resulting from coastal ,_ energy activity. "(f)(1) Bonds or other evidences of indebtedness guaranteed under subsection (d)(2) shall be guaranteed on such terms and conditions as the Secretary shall prescribe, except that— "(A) no guarantee shall be made unless the indebtedness involved will be completely amortized within a reasonable period, not to exceed 30 years;

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Page:United States Statutes at Large Volume 90 Part 1.djvu/1075

 PUBLIC LAW 94-370—JULY 26, 1976

90 STAT. 1025

"(B) no guarantee shall be made unless the Secretary determines that such bonds or other evidences of indebtedness ^ will— "(i) be issued only to investors who meet the requirements prescribed by the Secretary, or, if an offering to the public is contemplated, be underwritten upon terms and conditions approved by the Secretary; "(ii) bear interest at a rate found not to be excessive by the Secretary; and "(iii) contain, or be subject to, repayment, maturitj^, and other provisions which are satisfactory to the Secretary; "(C) the approval of the Secretary of the Treasury shall be required with respect to any such guarantee, unless the Secretary of the Treasury waives such approval; and "(D) no guarantee shall be made after September 30, 1986. "(2) The full faith and credit of the United States is pledged to the payment, under paragraph (5), of any default on any indebtedness guaranteed under subsection (d)(2). Any such guarantee made by the Secretary shall be conclusive evidence of the eligibility of the obligation involved for such guarantee, and the validity of any such guarantee so made shall be incontestable in the hands of a holder of the guaranteed obligation, except for fraud oi- material misrepresentation on the part of the holder, or known to the holder at the time acquired. (3) The Secretary shall prescribe and collect fees in connection Fees, with guarantees made under subsection (d)(2). These fees may not exceed the amount which the Secretary estimates to be necessary to cover the administrative costs pertaining to such guarantees. "(4) The interest paid on any obligation which is guaranteed under subsection (d)(2) and which is received by the purchaser thereof (or the purchaser's successor in interest), shall be included in gross income for the purpose of chapter 1 of the Internal Revenue Code of 1954. 26 USC 1 et seq. The Secretary may pay out of the Fund to the coastal state or the unit of general purpose local government issuing such obligations not more than such portion of the interest on such obligations as exceeds the amount of interest that would be due at a comparable rate determined for loans made under subsection (d)(1). "(5)(A) Payments required to be made as a result of any guarantee made under subsection (d)(2) shall be made by the Secretary from sums appropriated to the Fund or from moneys obtained from the Secretary of the Treasury pursuant to paragraph (6). "(B) If there is a default by a coastal state or unit of general purpose local government in any payment of principal or interest due under a bond or other evidence of indebtedness guaranteed by the Secretary under subsection (d)(2), any holder of such bond or other evidence of indebtedness may demand payment by the Secretary of the unpaid interest on and the unpaid principal of such obligation as they become due. The Secretary, after investigating the facts presented by the holder, shall pay to the holder the amount which is due such holder, unless the Secretary finds that there was no default by such state or unit or that such default has been remedied. "(C) If the Secretary makes a payment to a holder under subparagraph (B), the Secretary shall— "(i) have all of the rights granted to the Secretary or the United States by law or by agreement with the obligor; and " (ii) be subrogated to all of the rights which were granted such holder, by law, assignment, or security agreement between such holder and the obligor.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/1076

 90 STAT. 1026

31 USC 774.

16 USC 1455 Ante, p. 1015. 16 USC 1433.

PUBLIC LAW 94-370—JULY 26, 1976

Such rights shall include, but not be limited to, a right of reimbursement to the United States against the coastal state or unit of general purpose local government for which the payment was made for the amount of such payment plus interest at the prevailing current rate as determined by the Secretary. If such coastal state, or the coastal state in which such unit is located, is due to receive any amount under subsection (b), the Secretary shall, in lieu of paying such amount to such state, deposit such amount in the Fund until such right of reimbursement has been satisfied. The Secretary may accept, in complete or partial satisfaction of any such rights, a conveyance of property or interests therein. Any property so obtained by the Secretary may be completed, maintained, operated, held, rented, sold, or otherwise dealt with or disposed of on such terms or conditions as the Secretary prescribes or approves. If, in any case, the sum received through the sale of such property is greater than the amount paid to the holder under subparagraph (D) plus costs, the Secretary shall pay any such excess to the obligor. "(D) The Attorney General shall, upon the request of the Secretary, take such action as may be appropriate to enforce any right accruing to the Secretary or the United States as a result of the making of any guarantee under subsection (d)(2). Any sums received through any sale under subparagraph (C) or recovered pursuant to this subparagraph shall be paid into the Fund. "(6) If the moneys available to the Secretary are not sufficient to pay any amount which the Secretary is obligated to pay under paragraph (5), the Secretary shall issue to the Secretary of the Treasury notes or other obligations (only to such extent and in such amounts as may be provided for in appropriation Acts) in such forms and denominations, bearing such maturities, and subject to such terms and conditions as the Secretary of the Treasury prescribes. Such notes or other obligations shall bear interest at a rate determined by the Secretary of the Treasury on the basis of the current average market yield on outstanding marketable obligations of the United States on comparable maturities during the month preceding the issuance of such notes or other obligations. Any sums received by the Secretary through such issuance shall be deposited in the Fund. The Secretary of the Treasury shall purchase any notes or other obligations issued under this paragraph, and for this purpose such Secretary may use as a public debt transaction the proceeds from the sale of any securities issued under the Second Liberty Bond Act, as now or hereafter in force. The purposes for which securities may be issued under that Act are extended to include any purchase of notes or other obligations issued under this paragraph. The Secretary of the Treasury may at any time sell any of the notes or other obligations so acquired under this paragraph. All redemptions, purchases, and sales of such notes or other obligations by the Secretary of the Treasury shall be treated as public debt transactions of the United States. "(g)(1) No coastal state is eligible to receive any financial assistance under this section unless such state— "(A) has a management program which has been approved under section 306; "(B) is receiving a grant under section 305(c) or (d); or "(C) is, in the judgment of the Secretary, making satisfactory progress toward the development of a management program which is consistent with the policies set forth in section 303.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/1077

 PUBLIC LAW 94-370—JULY 26, 1976 "(2) Each coastal state shall, to the maximum extent practicable, provide that financial assistance provided under this section be apportioned, allocated, and granted to units of local government within such state on a basis which is proportional to the extent to which such units need such assistance. "(h) There is established in the Treasury of the United States the Coastal Energy Impact Fund. The Fund shall be available to the Secretary without fiscal year limitation as a revolving fund for the purposes of carrying out subsections (c) and (d). The Fund shall consist of— " (1) any sums appropriated to the Fund; "(2) payments of principal and interest received under any loan made under subsection (d)(1); "(3) any fees received in connection with any guarantee made under subsection (d)(2); and "(4) any recoveries and receipts under security, subrogation, and other rights and authorities described in subsection (f). All payments made by the Secretary to carry out the provisions of subsections (c), (d), and (f) (including reimbursements to other Government accounts) shall be paid from the Fund, only to the extent provided for in appropriation Acts. Sums in the Fund which are not currently needed for the purposes of subsections (c), (d),and (f) shall be kept on deposit or invested in obligations of, or guaranteed by, the United States. "(i) The Secretary shall not intercede in any land use or water use decision of any coastal state with respect to the siting of any energy facility or public facility by making siting in a particular location a prerequisite to, or a condition of, financial assistance under this section, "(j) The Secretary may evaluate, and report to the Congress, on the efforts of the coastal states and units of local government therein to reduce or ameliorate adverse consequences resulting from coastal energy activity and on the extent to which such efi'orts involve adequate consideration of alternative sites. "(k) To the extent that Federal funds are available under, or pursuant to, any other law with respect to— "(1) study and planning for which financial assistance may be provided under subsection (b)(4)(B) and (c),or "(2) public facilities and public services for which financial assistance may be provided under subsection (b)(4)(B) and (d), the Secretary shall, to the extent practicable, administer such subsections— "(A) on the basis that the financial assistance shall be in addition to, and not in lieu of, any Federal funds which any coastal state or unit of general purpose local government may obtain under any other law; and "(B) to avoid duplication. " (1) As used in this section— "(1) The term 'retirement', when used with respect to bonds, means the redemption in full and the withdrawal from circulation of those which cannot be repaid by the issuing jurisdiction in accordance with the appropriate repayment schedule. "(2) The term 'unavoidable', when used with respect to a loss of any valuable environmental or recreational resource, means a loss, in whole or in part— "(A) the costs of prevention, reduction, or amelioration of which cannot be directly or indirectly attributed to, or assessed against, any identifiable person; and

90 STAT. 1027

Coastal Energy Impact Fund. Establishment.

Report to Congress.

Definitions.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/1078

 90 STAT. 1028

PUBLIC LAW 94-370—JULY 26, 1976 "(B) cannot be paid for with funds which are available under, or pursuant to, any provision of Federal law other than this section. " (3) The term 'unit of general purpose local government' means any political subdivision of any coastal state or any special entity created by such a state or subdivision which (in whole or part) is located in, or has authority over, such state's coastal zone, and which (A) has authority to levy taxes or establish and collect user fees, and (B) provides any public facility or public service which is financed in whole or part by taxes or user fees.". SEC. 8. INTERSTATE GRANTS. The Coastal Zone Management Act of 1972 is further amended by adding immediately after section 308 (as added by section 7 of this Act) the following: ^ "INTERSTATE GRANTS

16 USC 1456b.

Ante, p. 1015. 16 USC 1455. Agreements or compacts.

'

"SEC, 309. (a) The coastal states are encouraged to give high priority— "(1) to coordinating state coastal zone planning, policies, and programs with respect to contiguous areas of such states; and "(2) to studying, planning, and implementing unified coastal zone policies with respect to such areas. Such coordination, study, planning, and implementation may be conducted pursuant to interstate agreements or compacts. The Secretary may make grants annually, in amounts not to exceed 90 per centum of the cost of such coordination, study, planning, or implementation, if the Secretary finds that the proceeds of such grants will be used for purposes consistent with sections 305 and 306. "(b) The consent of the Congress is hereby given to two or more coastal states to negotiate, and to enter into, agreements or compacts, which do not conflict with any law or treaty of the United States, for— "(1) developing and administering coordinated coastal zone planning, policies, and programs pursuant to sections 305 and 306;and "(2) establishing executive instrumentalities or agencies which such states deem desirable for the effective implementation of such agreements or compacts. Such agreements or compacts shall be binding and obligatory upon any state or party thereto without further approved by the Congress. "(c) Each executive instrumentality or agency which is established by an interstate agreement or compact pursuant to this section is encouraged to adopt a Federal-State consultation procedure for the identification, examination, and cooperative resolution of mutual problems with respect to the marine and coastal areas which affect, directly or indirectly, the applicable coastal zone. The Secretary, the Secretary of the Interior, the Chairman of the Council on Environmental Quality, the Administrator of the Environmental Protection Agency, the Secretary of the department in which the Coast Guard is operating, and the Administrator of the Federal Energy Administration, or their designated representatives, shall participate ex oiScio on behalf of the Federal Government whenever any such Federal-State consultation is requested by such an instr-umentality or agency. "(d) If no applicable interstate agreement or compact exists, the Secretary may coordinate coastal zone activities described in subsection (a) and may make grants to assist any group of two or more coastal states to create and maintain a temporary planning and coordinating entity to—

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Page:United States Statutes at Large Volume 90 Part 1.djvu/1079

 PUBLIC LAW 94-370—JULY 26, 1976

90 STAT. 1029

"(1) coordinate state coastal zone planning, policies, and programs with respect to contiguous areas of the states involved; "(2) study, plan, and implement unified coastal zone policies with respect to such areas; and "(3) establish an effective mechanism, and adopt a FederalState consultation procedure, for the identification, examination, and cooperative resolution of mutual problems with respect to the marme and coastal areas which affect, directly or indirectly, the applicable coastal zone. The amount of such grants shall not exceed 90 per centum of the cost of creating and maintaining such an entity. The Federal officials specified in subsection (c), or their designated representatives, shall, participate on behalf of the Federal Government, upon the request of any such temporary planning and coordinating entity.". SEC. 9. RESEARCH AND TECHNICAL ASSISTANCE. The Coastal Management Act of 1972 is further amended by adding immediately after section 309 (as added by section 8 of this Act) the f ollowinff: u. RESEARCH AND TECHNICAL ASSISTANCE FOR COASTAL ZONE MANAGEMENT

"SEC. 310. (a) The Secretary may conduct a program of research, study, and training to support the development and implementation of management programs. Each department, agency, and instrumentality of the executive branch of the Federal Government may assist the Secretary, on a reimbursable basis or otherwise, in carrying out the purposes of this section, including, but not limited to, the furnishing of information to the extent permitted by law, the transfer of personnel with their consent and without prejudice to their position and rating, and the performance of any research, study, and training which does not interfere with the performance of the primary duties of such department, agency, or instrumentality. The Secretary may enter into contracts or other arrangements with any qualified person for the purposes of carrying out this subsection. "(b) The Secretary may make grants to coastal states to assist such states in carrying out research, studies, and training required with respect to coastal zone management. The amount of any grant made under this subsection shall not exceed 80 per centum of the cost of such research, studies, and training. "(c)(1) The Secretary shall provide for the coordination of research, studies, and training activities under this section with any other such activities that are conducted by, or subject to the authority of, the Secretary. "(2) The Secretary shall make the results of research conducted pursuant to this section available to any interested person.". SEC. 10. REVIEW OF PERFORMANCE. Section 312(a) of the Coastal Zone Management Act of 1972, as redesignated by section 7 of this Act (16 U.S.C. 1458(a)) is amended to read as follows: " (a) The Secretary shall conduct a continuing review of— "(1) the management programs of the '^oastal states and the performance of such states with respect „o coastal zone management; and "(2) the coastal energy impact program provided for under section 308.".

16 USC 1456c.

Contracts or other arrangements, Grants, /;

Ante, p. 1019.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/1080

 90 STAT. 1030

PUBLIC LAW 94-370—JULY 26, 1976

SEC. 11. A U D I T OF T R A N S ACTION S. Section 313 of the Coastal Zone Management Act of 1972, as redesignated by section 7 of this Act (16 U.S.C. 1459), is amended— (1) by inserting "AND AUDIT" after "RECOKDS" in the title of such section; (2) by amending subsection (a) — (A) by inserting immediately after " g r a n t under this title " the following: "or of financial assistance under section 308", and (B) by inserting after "received under the g r a n t " the following: " and of the proceeds of such assistance"; and (3) by amending subsection (b) to read as follows: " (b) The Secretary and the Comptroller General of the United States, or any of their duly aiithorized representatives, shall— " (1) after any g r a n t is made under this title or any financial Ante, p. 1019. assistance is provided under section 3 0 8 (d); and " (2) until the expiration of 3 years after— " (A) completion of the project, program, or other undert a k i n g for which such g r a n t was made or used, or " (B) repayment of the loan or guaranteed indebtedness for which such financial assistance was provided,, V. <^ r . have access for purposes of audit and examination to any record, book, document, and paper which belongs to or is used or controlled by, any recipient of the g r a n t funds or any person who entered into any transaction relating to such financial assistance and which is pertinent for purposes of determining if the g r a n t funds or the proceeds of such financial assistance are being, or were, used in accordance with the provisions of this title.". SEC.

12. ACQUISITION OF A C C E S S TO P U B L I C B E A C H E S A N D OTHER P U B L I C COASTAL A R E A S. Section 315 of the Coastal Zone Management Act of 1972, as redesignated by section 7 of this Act (16 U.S.C. 1461), is amended to read as follows: "ESTUARINE SANCTUARIES AND BEACH ACCESS

Grants, '^

/

••"-

"

" SEC. 315. The Secretary may, in accordance with this section and in accordance with such rules and regulations as the Secretary shall promulgate, make g r a n t s to any coastal state for the purpose of— " (1) acquiring, developing, or operating estuarine sanctuaries, to serve as natural field laboratories in which to study and gather data on the natural and human processes occurring within the estuaries of the coastal zone; and " (2) acquiring lands to provide for access to public beaches and other public coastal areas of environmental, recreational, historical, esthetic, ecological, or cultural value, and for the preservation of islands. The amount of any such grant shall not exceed 50 per centum of the cost of the project involved; except that, in the case of acquisition of any estuarine sanctuary, the Federal share of the cost thereof shall not exceed $2,000,000.". SEC. 13. A N N U A L R E P O R T. The second sentence of section 316(a) of the Coastal Zone Management Act of 1972, as redesignated by section 7 of this Act (16 U.S.C. 1 4 6 2 (a)), is amended by striking out "and (9) " and inserting in lieu thereof " ( 1 2) "; and by inserting immediately after clause (8) the following: " (9) a description of the economic, environmental, and

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Page:United States Statutes at Large Volume 90 Part 1.djvu/1081

 PUBLIC LAW 94-370—JULY 26, 1976

90 STAT. 1031

social consequences of energy activity affecting the coastal zone and an evaluation of the effectiveness of financial assistance under section 308 in dealing with such consequences; (10) a description and evaluation of applicable interstate and regional planning and coordination mechanisms developed by the coastal states; (11) a summary and evaluation of the research, studies, and training conducted in support of coastal zone management; and". SEC. 14. AUTHORIZATION OF APPROPRIATIONS. Section 318 of the Coastal Zone Management Act of 1972, as redesignated by section 7 of this Act (16 U.S.C. 1464), is amended to read as follows: uAUTHORIZATION OF APPROPRIATIONS

"SEC. 318. (a) There are authorized to be appropriated to the Secretary— "(1) such sums, not to exceed $20,000,000 for each of the fiscal years ending September 30, 1977, September 30, 1978, and September 30, 1979, respectively, as may be necessary for grants under section 305, to remain available until expended; "(2) such sums, not to exceed $50,000,000 for each of the fiscal years ending September 30, 1977, September 30, 1978, September 30, 1979, and September 30, 1980, respectively, as may be necessary for grants under section 306, to remain available until expended; "(3) such sums, not to exceed $50,000,000 for each of the 8 fiscal years occurring during the period beginning October 1, 1976, and ending September 30, 1984, as may be necessary for grants under section 308(b); Ante, p. 1019. "(4) such sums, not to exceed $5,000,000 for each of the fiscal years ending September 30, 1977, September 30, 1978, September 30, 1979, and September 30, 1980, respectively, as may be necessary for grants under section 309, to remain available until Ante, p. 1028. expended; "(5) such sums, not to exceed $10,000,000 for each of the fiscal years ending September 30, 1977, September 30, 1978, September 30, 1979, and September 30, 1980, respectively, as may be necessary for financial assistance under section 310, of which 50 per centum shall be for financial assistance under section 310(a) and 50 per centum shall be for financial assistance under section 310(b), to remain available until expended; "(6) such sums, not to exceed $6,000,000 for each of the fiscal years ending September 30, 1977, September 30, 1978, September 30, 1979, and September 30, 1980, respectively, as may be necessary for grants under section 315(1), to remain available until expended; "(7) such sums, not to exceed $25,000,000 for each of the fiscal years ending September 30, 1977, September 30, 1978, September 30, 1979, and September 30, 1980, respectively, as may be necessary for grants under section 315(2), to remain available until expended; and "(8) such sums, not to exceed $5,000,000 for each of the fiscal years ending September 30, 1977, September 30, 1978, September 30, 1979, and September 30, 1980, respectively, as may be necessary for administrative expenses incident to the administration of this title. "(b) There are authorized to be appropriated until October 1, 1986, to the Fund, such sums, not to exceed $800,000,000, for the purposes of

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Page:United States Statutes at Large Volume 90 Part 1.djvu/1082

 90 STAT. 1032 Ante, p. 1017.

PUBLIC LAW 94-370—JULY 26, 1976

carying out the provisions of section 308, other than subsection (b), of which not to exceed $50,000,000 shall be for purposes of subsections (c) and (d)(4) of such section. "(c) Federal funds received from other sources shall not be used to pay a coastal state's share of costs under section 305, 306, 309, or Ante, pp. 1015, 310.". 1017, 1028, gg^^ ^^ ADMINISTRATION. 15 USC 1511a. (a) There shall be in the National Oceanic and Atmospheric Administration an Associate Administrator for Coastal Zone Management, who shall be appointed by the President, by and with the advice and consent of the Senate. Such Associate Administrator shall be an individual who is, by reason of background and experience, especially qualified to direct the implementation and administration of the Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.). Such Associate Administrator shall be compensated at the rate now or hereafter provided for level V of the Executive Schedule Pay Rates (5 U.S.C. 5316). (b) Section 5316 of title 5, United States Code, is amended by adding at the end thereof the following new paragraph: "(140) Associate Administrator for Coastal Zone Management, National Oceanic and Atmospheric Administration.". 15 USC 1511a (c) The Secretary may, to carry out the provisions of the amend•^ote. ments made by this Act, establish, and fix the compensation for, four new positions without regard to the provision of chapter 51 of title 5, United States Code, at rates not in excess of the maximum rate for 5 USC 5332 note. GS-18 of the General Schedule under section 5332 of such title. Any such appointment may, at the discretion of the Secretary, be made without regard to the provisions of such title 5 governing appointments in the competitive service. SEC. 16. SHELLFISH SANITATION REGULATIONS. 16 USC 1462 (a) The Secretary of Commerce shall— •»ot*(1) undertake a comprehensive review of all aspects of the molluscan shellfish industry, including, but not limited to, the harvesting, processing, and transportation of such shellfish; and (2) evaluate the impact of Federal law concerning water quality on the molluscan shellfish industry. Report to The Secretary of Commerce shall, not later than April 30, 1977, subCongress. mit a report to the Congress of the findings, comments, and recommendations (if any) which result from such review and evaluation.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/1083

 PUBLIC LAW 94-370—JULY 26, 1976

90 STAT. 1033

(b) The Secretary of Health, Education, and Welfare shall not promuigate final regulations concerning the national shellfish safety program before June 30, 1977. At least 60 days prior to the promulgation Analysis, of any such regulations, the Secretary of Health, Education, and Wei- publication, fare, in consultation with the Secretary of Commerce, shall publish an analysis (1) of the economic impact of such regulations on the domestic shellfish industry, and (2) the cost of such national shellfish safety program relative to the benefits that it is expected to achieve. Approved July 26, 1976.

LEGISLATIVE HISTORY: HOUSE REPORTS: No. 94-878 accompanying H.R. 3981 (Comm. on Merchant Marine and Fisheries) and No. 94-1298 (Comm. of Conference). SENATE REPORTS: No. 94-277 (Comm. on Commerce) and No. 94-987 (Comm. of Conference). CONGRESSIONAL RECORD: Vol. 121 (1975): July 16, considered and passed Senate. Vol. 122 (1976): Mar. 11, considered and passed House, amended, in litu of H.R. 3981. June 29, Senate agreed to conference report. June 30, House agreed to conference report. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS: Vol. 12, No. 31 (1976): July 26, Presidential statement.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/1085

 PUBLIC LAW 94-371—JULY 26, 1976

90 STAT. 1035

Public Law 94-371 94th Congress An Act To amend the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act of 1970, 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 be cited as the ''Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act Amendments of 1976". SEC. 2. Section 2(b) of the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act of 1970 (hereinafter in this Act referred to as "'the Act"') is amended to read as follows: " (b) I t is the policy of the United States and the purpose of this Act to approach alcohol abuse and alcoholism from a comprehensive community care standpoint, and to meet the problems of alcohol abuse and alcoholism throujrh— "• (1) comprehensive Federal, State, and local planning for, and effective use of. Federal assistance to States, and direct Federal assistance to community-based programs to meet the urgent needs of special populations, in coordination with all other governmental and nongovernmental sources of assistance; " (2) the development of methods for diverting problem drinkers from criminal justice systems into prevention and treatment program s; and " (3) increased Federal commitment to research into the behavioral and biomedical etiology of, the treatment of, and the mental and physical health and social and economic consequences of, alcohol abuse and alcoholism.". SEC. 3. (a) Section 301 of the Act is amended (1) by striking out " and " after "1975," and (2) by inserting after "1976," the following: "$70,000,000 for the fiscal year ending September 30, 1977, $77,000,000 for the fiscal year ending September 30, 1978, and $85,000,000 for the fiscal year ending September 30, 1979,". (b) Section 302(a) of the Act is amended by adding at the end thereof the following new sentence: " I n determining the extent of a State's need for more effective prevention, treatment, and rehabilitation of alcohol abuse and alcoholism, the Secretary shall (within 180 days after the date of enactment of this sentence) by regulation establish a methodology to assess and determine the incidence and prevalence of alcohol abuse within the States.". SEC. 4. (a) Section 304(b) of the Act is amended by striking out the last sentence thereof. (b) Effective July 1, 1976, section 304(c) of the Act is amended by— (1) striking out "10 per centum" and substituting "20 percent"; and (2) striking out "$100,000" and substituting "$150,000". (c) Effective July 1, 1976— (1) sections 304(d) and 311(d) of the Act are repealed, (2) section 304 of the Act (A) is transferred to part B of the Act, (B) is inserted before section 311, and (C) is redesignated as section 310, and

July 26, 1976 [S. 31841 Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act Amendments of 1976. 42 USC 4541 note. 42 USC 4541.

Appropriation authorization. 42 USC 4571. Regulation. 42 USC 4572.

42 USC 4574.

Repeals. 42 USC 4577.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/1086

 9 0 STAT. 1036 42 USC 4577.

PUBLIC LAW 94-371—JULY 26, 1976 (3) part B of the Act is amended by inserting after section 311 the following; new section: "AUTHORIZATIONS OF APPROPRIATION*

42 USC 4578.

" 3 E C. 312. For purposes of sections 310 and 311, there are authorized to be appropriated $85,000,000 for the fiscal year ending September 30, 1977, $91,000,000 for the fiscal year ending September 30, 1978, and $102,500,000 for the fiscal year ending September 30, 1979.". Ante, p. 1035. (d) Section 310(a) of the Act (as so redesignated) is amended (1) 42 USC 4576. by striking out "September 30, 1977" and inserting in lieu thereof "September 30, 1979", and (2) by striking out "three g r a n t s " and inserting in lieu thereof "six grants". State plans, SEC. 5. (a) Section 303(a)(3) of the Act is amended by inserting approval. "and at least one representative of the Statewide Health Coordinating 42 USC 4573. Council established pursuant to section 1524 of the Public Health 42 USC 300m-3. Service Act," after "alcoholism,". (b)(1) Section 303(a) of the Act is further amended by striking out " and " at the end of paragraph (10), by redesignating paragraph (11) as paragraph (16) and by inserting after paragraph (10) the following: "(11) contain, to the extent feasible, a complete inventory of all public and private resources available in the State for the purpose of alcohol abuse and alcoholism treatment, prevention, and rehabilitation, including but not limited to programs funded under State and local laws, occupational programs, voluntary organizations, education programs, military and Veterans' Administration resources, and available public and private thirdparty payment p l a n s; "(12) provide assurance that the State agency will coordinate its planning with local alcoholism and alcohol abuse planning agencies and with other State and local health planning agencies; "(13) provide assurance that State certification, accreditation, or licensure requirements, if any, applicable to alcohol abuse and alcoholism treatment facilities and personnel take into account the special nature of such programs and personnel, including the need to encourage the development of nonmedical modes of treat. ment and the need to acknowledge previous experience when assessing the adequacy of treatment personnel; " ( 1 4) provide reasonable assurance that prevention or treatment projects or programs supported by funds made available under section 302 have provided to the State agency a proposed 42 USC 4572. performance standard or standards to measure, or research protocol to determine, the effectiveness of such prevention or treatment programs or projects; Review; reports. "(15) provide that the State agency will review admissions to 42 USC 4581. hospitals and outpatient facilities to assist the Secretary in determining the compliance of such hospitals and facilities with the requirement of section 321 and shall make periodic reports to the Secretary respecting such review; and". Effective date. (2) The amendments made by paragraph (1) shall apply with 42 USC 4573 respect to State plan requirements for allotments under section 302 note. of the Act after June 30, 1976. 42 USC 4572. (c)(1) Section 303 of the Act is further amended by inserting at the end thereof the following new subsection: Regulations; " (c) The Secretary shall by regulation require, as a condition to the report to the approval of the State plan, that the State for which such plan was Secretary of submitted report to the Secretary (in such form and manner as the HEW. Secretary shall prescribe) an assessment of the progress of the State in the implementation of its State plan. After making an initial such

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Page:United States Statutes at Large Volume 90 Part 1.djvu/1087

 PUBLIC LAW 94-371—JULY 26, 1976 report, a State shall make additional reports every third year thereafter in which it receives an allotment under this part. The reporting requirement shall first apply with respect to State plans submitted for allotments for fiscal years beginning after September 30, 1977.". (2) Section 303(a)(4) of the Act is amended by inserting " (A) " after " (4) " and by inserting after such section the following: "(B) include in the survey conducted pursuant to subparagraph (A) an identification of the need for prevention and treatment of alcohol abuse and alcoholism by women and by individuals under the age of eighteen and provide assurance that prevention and treatment programs within the State will be designed to meet such need;". SEC. 6. (a) Section 311(a) of the Act is amended to read as follows: "SEC. 311(a) The Secretary, acting through the Institute, may make grants to public and nonprofit private entities and may enter into contracts with public and private entities and with individuals— "(1) to conduct demonstration and evaluation projects, including projects designed to develop methods for the effective coordination of all alcoholism treatment, training, prevention, and research resources available within a health service area established under section 1511 of the Public Health Service Act, "(2) to provide treatment and prevention services, with special emphasis on currently underserved populations, such as racial and ethnic minorities, native Americans, youth, female alcoholics, and individuals in geographic areas where such services are not otherwise adequately available, " (3) to provide education and training, which may include additional training to enable treatment personnel to meet certification requirements of public or private accreditation or licensure, or requirements of third-party payors, and " (4) to provide programs and services, including education and counseling services, in cooperation with law enforcement personnel, schools, courts, penal institutions, and other public agencies, for the prevention and treatment of alcohol abuse and alcoholism and for the rehabilitation of alcohol abusers and alcoholics.". (b) Section 311(b) of the Act is amended by redesignating clause (2) as clause (3) and inserting a new clause (2) after "individuals;" as follows: "(2) where a substantial number of the individuals in the population served by the project or program are of limited Englishspeaking ability, utilize the services of outreach workers fluent in the language spoken by a predominant number of such individuals and develop a plan and make arrangements responsive to the needs of such population for providing services to the extent practicable in the language and cultural context most appropriate to such individuals, and identify an individual employed by the project or program, or who is available to the project or program on a full-time basis, who is fluent both in that language and English and whose reponsibilities shall include providing guidance to the individuals of limited English speaking ability and to appropriate staff members with respect to cultural sensitivities and bridging linguistic and cultural differences;". (c) Section 311(c) of the Act is amended by adding after paragraph (3) the following new paragraphs: "(4) The Secretary shall give special consideration to applications under this section for programs and projects for prevention and treatment of alcohol abuse and alcoholism by women and for programs and projects for prevention and treatment of alcohol abuse and alcoholism by individuals under the age of eighteen.

90 STAT. 1037

42 USC 4573.

Grants and contracts.

42 USC 4577.

42 USC 300Z.

^ ' -

Limited Englishspeaking individuals.

'

Programs for women and juveniles, applications,

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Page:United States Statutes at Large Volume 90 Part 1.djvu/1088

 90 STAT. 1038

42 USC 4591.

PUBLIC LAW 94-371—JULY 26, 1976

"(5) Each applicant, upon filing its application with the Secretary for a grant or contract to provide prevention or treatment services, shall provide a proposed performance standard or standards to measure, or research protocol to determine, the effectiveness of such services.". SEC. 7. The Act is further amended by redesignating title V and references thereto as title VI and by inserting after title IV the following: "TITLE V—RESEARCH . ii^

ENCOURAGEMENT OF RESEARCH

42 USC 4585.

" S E C 501. (a) The Secretary, acting through the Institute, shall carry out a program of research, investigations, experiments, demon; < ! strations, and studies, directly and by grant or contract, into— " (1) the behavioral and biomedical etiology of, "^2) treatment of, "(3) mental and physical health consequences of, and " (4) social and economic consequences of, alcohol abuse and alcoholism. "(b) In carrying out the program described in subsection (a) of this section, the Secretary, acting through the Institute, is authorized to— " (1) collect and make available through publications and other appropriate means, information as to, and the practical application of, the research and other activities under the program; "(2) make available research facilities of the Public Health Service to appropriate public authorities, and to health officials and scientists engaged in special study; Grants. "(3) make grants to universities, hospitals, laboratories, and other public or nonprofit institutions, and to individuals for such research projects as are recommended by the National Advisory Council on Alcohol Abuse and Alcoholism; " (4) secure from time to time and for such periods as he deems / advisable, the assistance and advice of experts, scholars, and consultants from the United States or abroad; "(5) promote the coordination of research programs conducted by the Institute, and similar programs conducted by other agencies, organizations, and individuals, including all National Insti' * ' J *' tutes of Health research activities which are or may be related to the problems of individuals suffering from alcoholism or alcohol abuse; Intramural "(6) conduct an intramural program of biomedical and program. behavioral research, including research into the most effective means of treatment and service delivery, and including research involving human subjects, which is— "(A.) located in an institution capable of providing all necessary medical care for such human subjects, including complete 24-hour medical diagnostic services by or under the supervision of physicians, acute and intensive medical care, including 24-hour emergency care, psychiatric care, and such ^ other care as is determined to be necessary for individuals " suffering from alcoholism and alcohol abuse; and "(B) associated with an accredited medical or research ' •' •""' training institution; '. ' "(7) for purposes of study, admit and treat at institutions, ,/.,; hospitals, and stations of the Public Health Service, persons not otherwise eligible for such treatment;
 * ,...J,

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Page:United States Statutes at Large Volume 90 Part 1.djvu/1089

 PUBLIC LAW 9 4 - 3 7 1 — J U L Y 26, 1976

90 STAT. 1039

" (8) provide to health officials, scientists, and appropriate public and other nonprofit institutions and organizations, technical advice and assistance on the application of statistical methods to experiments, studies, and surveys in health and medical fields; " (9) enter into contracts under this title without regard to Contracts, sections 3648 and 3709 of the Revised Statutes (31 U.S.C. 529; 41 U.S.C. 5); and "(10) adopt, upon recommendation of the National Advisory Council on Alcohol Abuse and Alcoholism, such additional means as he deems necessary or appropriate to carry out the purposes of this section. ' S C I E N T I F I C PEER REVIEW

" SEC. 502. The Secretary, acting through the Institute, shall, by reg- Regulations. ulation, provide for review of all research grants and contracts, train- 42 USC 4586. ing, treatment, and prevention activity grants, and programs over which he has authority under this Act by utilizing, to the maximum extent possible, appropriate peer review groups, composed principally of non-Federal scientists and other experts in the field of alcoholism. "AUTHORIZATION

or

APPROPRIATIONS

" SEC. 503. The r e are authorized to be appropriated for carrying out the purposes of section 501 and 502 $20,000,000 for the fiscal year ending September 30, 1977, $24,000,000 for the fiscal year ending September 30, 1978, and $28,000,000 for the fiscal year ending September 30, 1979. "NATIONAL ALCOHOL RESEARCH

42 USC 4587.

CENTERS

" SEC. 504. (a) The Secretary acting through the Institute may Designation. designate National Alcohol Research Centers for the purpose of inter- 42 USC 4588. disciplinary research relating to alcoholism and other alcohol problems. No entity may be designated as a Center unless an application therefor has been submitted to, and approved by, the Secretary. Such an application shall be submitted in such manner and contain such information as the Secretary may reasonably require. The Secretary may not approve such an application unless— " (1) the application contains or is supported by reasonable assurances that— " (A) the applicant has the experience, or capability, to conduct, through biomedical, behavioral, social, and related disciplines, long-term research on alcoholism and other alcohol problems and to provide coordination of such research among such disciplines; " (B) the applicant has available to it sufficient laboratory facilities and reference services (including reference services that will afford access to scientific alcohol l i t e r a t u r e); " (C) the applicant has facilities and personnel to provide t r a i n i n g in the prevention and treatment of alcoholism and other alcohol problems; " (D) the applicant has the capacity to train predoctoral and postdoctoral students for careers in research on alcoholism and other alcohol problems; and " (E) the applicant has the capacity to conduct courses on alcohol problems and research on alcohol problems for underg r a d u a t e and graduate students, and for medical and osteopathic students and physicians;

9-194 O—78—pt. 1

69

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Page:United States Statutes at Large Volume 90 Part 1.djvu/1090

 90 STAT. 1040

Annual grants, limitations.

Appropriation authorization.

42 USC 3511.

Evaluation and recommendations.

21 USC 1176.

Effective date.

21 USC 1176

note. 42 USC 2688a, 2688k, 2688n-l.

Effective date. 21 USC 1176 note. 21 USC 1177.

Programs for women and juveniles, applications.

PUBLIC LAW 94-371—JULY 26, 1976 "(2) the application contains a detailed five-year plan for research relating to alcoholism and other alcohol problems. "(b) The Secretary shall, under such conditions as the Secretary may reasonably require, make annual grants to Centers which have been designated under this section. No annual grant to any Center may exceed $1,000,000. No funds provided under a grant under this subsection may be used for the purchase or rental of any land or the rental, purchase, construction, preservation, or repair of any building. For the purposes of the preceding sentence, the term 'construction' has the meaning given that term by section 702(2) of the Public Health Service Act (42 U.S.C. 292a). "(c) There are authorized to be appropriated to carry out the purposes of this section $6,000,000 for the fiscal year ending September 30, 1977, and for each of the next two succeeding fiscal years.". SEC. 8. Section 201 of the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act Amendments of 1974 is amended by adding at the end thereof the following new subsection: "(d) The Secretary of Health, Education, and Welfare, acting through the Administration, shall evaluate and make recommendations regarding improved, coordinated activities, where appropriate, for public education and other prevention programs with respect to the abuse of alcohol and other substances.". SEC. 9. The first sentence of section 217(d) of the Public Health Service Act (42 U.S.C. 218) is amended by adding before the period at the end thereof the following: ", including policies and priorities with respect to grants and contracts". SEC. 10. (a)(1) Section 409(e)(5) of the Drug Abuse Office and Treatment Act of 1972 is amended by inserting " (A) " after " (5) " and by inserting after such section the following: "(B) include in the survey conducted pursuant to subparagraph (A) an identification of the need for prevention and treatment of drug abuse and drug dependence by women and by individuals under the age of eighteen and provide assurance that prevention and treatment programs within the State will be designed to meet such need;". (2) The amendment made by paragraph (1) shall apply with respect to State plans submitted for grants under section 401 of the Drug Abuse Office and Treatment Act of 1972 after June 30, 1976. (b)(1) Section 409(c)(1)(A) of such Act is amended by striking out "an allotment for a fiscal year in an amount not less than $150,000, the allotment for such State for such fiscal year may not be less than $150,000 multiplied by such fraction" and substituting "a minimum allotment in excess of $100,000, multiplied by such fraction, the minimum allotment for such State may be increased by up to 50 percent in accordance with such demonstrated need". (2) The amendment made by paragraph (1) shall apply with respect to allotments under section 409(c) of the Drug Abuse Office and Treatment Act of 1972 after June 30, 1976. (c)(1) Section 410 of such Act is amended by redesignating subsection (d) as subsection (e) and by adding after subsection (c) the following: "(d) The Secretary shall give special consideration to applications under this section for programs and projects for prevention and treatment of drug abuse and drug dependence by women and for programs and projects for prevention and treatment of drug abuse and drug dependence by individuals under the age of eighteen.".

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 PUBLIC LAW 94-371—JULY 26, 1976

90 STAT. 1041

(2) The ainendment made by paragraph (1) shall apply with respect Effective date. to applications submitted for grants or contracts under section 410 of 21 USC 1177 the Drug Abuse Office and Treatment Act of 1972 after June 30, 1976. note. 1177. SEC. 11. (a) Section 321(a) of the Act is amended by inserting ", or 21 USC 4581. 42 USC outpatient facility (as defined in section 1633(6) of the Public Health Service Act)" after "hospital". (b) Section 321(b)(1) of the Act as amended by— (1) inserting "and outpatient facilities" after "hospitals"; (2) inserting "or outpatient facility" after "hospital" each time it appears; and (3) striking out "is authorized to make regulations" in the first sentence and inserting in lieu thereof "shall issue regulations not later than December 31, 1976". (c)(1) The heading for part C of the Act is amended by striking out "HOSPITALS" and inserting in lieu thereof "HOSPITALS AND OUTPATIENT FACILITIES".

(2) The heading for section 321 of the Act is amended by striking out "HOSPITALS" and inserting in lieu thereof "HOSPITALS AND OUTPATIENT FACILITIES".

SEC. 12. (a) Section 311(c)(2) of the Act is amended by inserting at the end thereof the following: "Each application for a grant under this section shall be submitted by the Secretary to the National Advisory Council on Alcohol Abuse and Alcoholism for its review. The Secretary may approve an application for a grant under this section only if it is recommended for approval by such Council.". (b) The amendment made by subsection (a) shall apply with respect to applications for grants under section 311 of the Act after June 30, 1976. Approved July 26, 1976.

LEGISLATIVE HISTORY: HOUSE REPORTS: No. 94-1092 accompanying H.R. 12677 (Comm. on Interstate and Foreign eommerce) and No. 94-1285 (Comm. of eonference). SENATE REPORTS: No. 94-705 and No. 94-705 pt. 2 (Coram, on Labor and Public Welfare). CONGRESSIONAL RECORD, Vol. 122 (1976): Mar. 29, considered and passed Senate. May 21, considered and passed House, amended, in lieu of H.R. 12677. June 29, House and Senate agreed to conference report. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 12, No. 31: July 27, Presidential statement.

42 USC 4577. Application, review. Approval.

Effective date. 42 USC 4577 note.

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 90 STAT. 1042

PUBLIC LAW 94-372—JULY 31, 1976

Public Law 94-372 94th Congress An Act July 31, 1976 [H.R. 11504] Negotiated Shipbuilding Contracting Act of 1976.

Construction cost, limitation.

46 USC 1155.

To amend section 502 of the Merchant Marine Act, 1936.

Be it enacted by the Senate and House of Representatives of the United States of AmeHca in Congress assembled, That this Act may be cited as the "Negotiated Shipbuilding Contracting Act of 1976". SEC. 2. Section 502(a) of the Merchant Marine Act, 1936 (46 U.S.C. 1152(a)) is amended in the third sentence thereof— (1) by striking out "June 30, 1976" and inserting in lieu thereof "June 30, 1979"; (2) by striking out "(i) the negotiated" and all that follows through "per centum in fiscal 1976;"; and (3) by redesignating "(ii)", "(iii)", and " ( i v) " as "(1)", "(2)", and "(3)". SEC. 3. Section 502(b) of the Merchant Marine Act, 1936 (46 U.S.C. 1152(b)) is amended by amending the fifth, sixth, seventh, and eighth sentences thereof to read as follows: "The construction differential approved and paid by the Secretary shall not exceed 50 per centum of the cost of constructing, reconstructing, or reconditioning the vessel (excluding the cost of national defense features). If the Secretary finds that the construction differential exceeds, in any case, the foregoing percentage of such cost, the Secretary may negotiate with any bidder (whether or not such person is the lowest bidder) and may contract with such bidder (notwithstanding the first sentence of section 505) for the construction, reconstruction, or reconditioning of the vessel involved in a domestic shipyard at a cost which will reduce the construction differential to such percentage or less.". Approved July 31, 1976.

LEGISLATIVE HISTORY:

-:

HOUSE REPORT No. 94-864 (Comm. on Merchant Marine and Fisheries). SENATE REPORT No. 94-1013 accompanying S. 3171 (Comm. on Commerce). CONGRESSIONAL RECORD, Vol. 122 (1976): Mar. 15, considered and passed House. June 30, S. 3171 considered and passed Senate. July 1, considered and passed Senate, amended. July 19, House concurred in Senate amendment.

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 PUBLIC LAW 94-373—JULY 31, 1976

90 STAT. 1043

Public Law 94-373 94th Congress An Act Making appropriations for the Department of the Interior and related agencies for the fiscal jear ending September 30, 1977, and for other purposes.

July 31. 1976 [H.R. 14231]

Be it etmcted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the Department of the Interior and related agencies for the fiscal year ending September 30, 1977, and for other purposes, n a m e l y:

Department of the Interior and Related Agencies Appropriation Act, 1977.

TITLE I—DEPARTMENT OF THE INTERIOR LAND AND AVATER RESOURCES B U R E A U OF L A N D

MANAGEMENT

MANAGEMENT OF LANDS AND RESOURCES

For expenses necessary for protection, use, improvement, development, disposal, cadastral surveying, classification, and performance of other functions, as authorized by law, in the management of lands and their resources under the jurisdiction of the Bureau of L and Management, $223,829,000. CONSTRUCTION AND MAINTENANCE

For acquisition, construction and maintenance of buildings, a p p u r t e n a n t facilities, and other improvements, and maintenance of access roads, $10,160,000, to remain available until expended. PUBLIC LANDS DEVELOPMENT ROADS AND TRAILS CONTRACT AUTHORITY)

(LIQUIDATION OF

For liquidation of obligations incurred pursuant to authority contained in title 23, United States Code, section 203, $5,000,000, to remain available until expended: Provided, That $13,900,000 of unobligated balances of contract authority provided by the Federal-Aid H i g h w a y Act of 1973 ( P. L. 93-87) and proposed to be unobligated as of Sep- 23 USC 101 note. tember 30, 1977, is hereby rescinded effective October 1, 1976. OREGON AND CALIFORNIA GRANT LANDS

For expenses necessary for management, protection, and development of resources and for construction, operation, and maintenance of access roads, reforestation, and other improvements on the revested Oregon and California Railroad g r a n t lands, on other Federal lands in the Oregon and California land-grant counties of Oregon, and on adjacent rights-of-way; and acquisition of rights-of-way and of existing connecting roads on or adjacent to such lands; an amount equivalent to 25 per centum of the aggregate of all receipts during the current fiscal year from the revested Oregon and California Railroad g r a n t lands, to remain available until expended: Provided,

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Page:United States Statutes at Large Volume 90 Part 1.djvu/1094

 90 STAT. 1044

' ' ' 43 USC 1181f.
 * r.-*,t.i..

PUBLIC LAW 94-373—JULY 31, 1976 That the amount appropriated herein for the purposes of this appropriation on lands administered by the Forest Service shall be transferred to the Forest Service, Department of Agriculture: Provided further, That the amount appropriated herein for road construction on lands other than those administered by the Forest Service shall be transferred to the Federal Highway Administration, Department of Transportation: Provided further, That the amount appropriated herein is hereby made a reimbursable charge against the Oregon and California land grant fund and shall be reimbursed to the general fund 1^ ^j^^ Treasury in accordance with the provisions of the second paragraph of subsection (b) of title II of the Act of August 28, 1937 (50 Stat. 876). RANGE IMPROVEMENTS

43 USC 315b, 315i. 43 USC 315m.

For construction, purchase, and maintenance of range impi-ovements pursuant to the provisions of sections 3 and 10 of the Act of June 28, 1934, as amended (43 U.S.C. 315), sums equal to the aggregate of all moneys received, during the current fiscal year, as range improvements fees under section 3 of said Act, 25 per centum of all moneys received, during the current fiscal year, under section 15 of said Act, and the amount designated for range improvements from grazing fees from Bankhead-Jones lands transferred to the Department of the Interior pursuant to law, to remain available until expended. RECREATION DEVELOPMENT AND OPERATION OF RECREATION FACILITIES

For construction, operation, and maintenance of outdoor recreation facilities, including collection of special recreation use fees, to remain available until expended, $300,000, to be derived from the special receipt accounts established by section 1(b) of the Act of July 15, 16 USC 460/-5 1968 (82 Stat. 354), and section 4(e) of the Act of July 11, 1972 (86 note. Stat. 461): Provided, That not more than 40 per centum of the amount 16 USC 460Z-6a. credited pursuant to section 4(e) of the Act of July 11, 1972, shall be available for the enhancement of the fee collection system established by section 4 of such Act, including the promotion and enforcement thereof. ADMINISTRATIVE PROVISIONS

Appropriations for the Bureau of Land Management shall be available for purchase, erection, and dismantlement of temporary structures; and alteration and maintenance of necessary buildings and appurtenant facilities to which the United States has title: Provided, That of appropriations herein made for the Bureau of Land Management expenditures in connection with the revested Oregon and California Railroad and reconveyed Coos Bay Wagon road grant lands (other than expenditures made under the appropriation "Oregon and California grant lands") shall be reimbursed to the general fund of the Treasury from the 25 per centum referred to in subsection (c), title II, of the Act approved August 28, 1937 (50 Stat. 876), of the special fund designated the "Oregon and California land grant fund" and section 4 of the Act approved May 24, 1939 (53 Stat. 754), of the special fund designated the "Coos Bay Wagon Road grant fund": Provided further, That appropriations herein made may be expended on a reimbursable basis for (1) surveys of lands other than those under the jurisdiction of the Bureau of Land Management and (2) protection of lands for the State of Alaska: Provided further, That notwith-

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 PUBLIC LAW 94-373—JULY 31, 1976 standing any other provisions of law, payments to States made in fiscal year 1977, under the Mineral Leasing Act of 1920 (30 U.S.C. 191, 30 U.S.C. 285), will be based on receipts collected during the period July 1, 1976, through March 31, 1977: Provided further, That notwithstanding any other provisions of law. Bureau of Land Management payments to States and counties made in fiscal year 1977, under statutes other than the Mineral Leasing Act of 1920, will be based on receipts collected during the period July 1, 1976, through September 30, 1976.

90 STAT. 1045

-

OFFICE OF WATER RESEARCH AND TECHNOLOGY SALARIES AND EXPENSES

For expenses necessary in carrying out the provisions of the Water Resources Research Act of 1964, as amended (42 U.S.C. 1961-1961c-7), and the Saline Water Conversion Act of 1971, as amended (42 U.S.C. 1959-1959h), $18,923,000, of which $7,540,000 shall remain available until expended. F I S H AND W I L D L I F E AND PARKS BUREAU or OUTDOOR RECREATION SALARIES AND EXPENSES

For necessary expenses of the Bureau of Outdoor Recreation, not otherwise provided for, $5,961,000. LAND AND WATER CONSERVATION F U N D

For expenses necessary to carry out the provisions of the Land and Water Conservation Fund Act of 1965 as amended (16 U.S.C. 4601-4-11), including $6,686,000 for administrative expenses of the Bureau of Outdoor Recreation during the current fiscal year, and acquisition of land or waters, or interest therein, in accordance with the statutory authority applicable to the State or Federal agency concerned, to be derived from the Land and Water Conservation Fund, established by section 2 of said Act as amended, to remain available 16 USC 460/-5. until expended, not to exceed $397,056,000, of which (1) not to exceed $175,516,000 shall be available for payments to the States in accordance with section 6(c) of said Act; (2) not to exceed $144,603,000 shall 16 USC 460Z-8. be available to the National Park Service; (3) not to exceed $52,506,000 shall be avi^ilable to the Forest Service; (4) not to exceed $15,745,000 shall be available to the United States Fish and Wildlife Service; and (5) not to exceed $2,000,000 shall be available to the Bureau of Land Management. UNITED STATES F I S H AND WILDLIFE SERVICE RESOURCE MANAGEMENT

For expenses necessary for scientific and economic studies, conservation, management, investigations, protection, and utilization of sport fishery and wildlife resources, except whales, seals, and sea lions, and for the performance of other authorized functions related to such resources; and maintenance of the herd of long-horned cattle on the Wichita Mountains Wildlife Refuge, $128,861,000, of which not to

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Page:United States Statutes at Large Volume 90 Part 1.djvu/1096

 9 0 STAT. 1046

Ante, p. 724.

PUBLIC LAW 9 4 - 3 7 3 — J U L Y 31, 1976 exceed $1,000,000 shall remain available until expended: Provided, That $9,198,000 shall be available for obligation only upon the enactment into law of H. R. 8092, N i n e t y - F o u r t h Congress, or similar legislation. CONSTRUCTION AND ANADROMOUS F I S H

For construction and acquisition of buildings and other facilities required in the conservation, management, investigations, protection, and utilization of sport fishery and wildlife resources, and the acquisition of lands and interests therein; and for expenses necessary to carry out the Anadromous F i s h Conservation Act (16 U.S.C. 757a-757f); $17,211,000, to remain available until expended. MIGRATORY BIRD CONSERVATION ACCOUNT

For an advance to the migratory bird conservation account, as authorized by the Act of October 4, 1971, as amended (16 U.S.C. 7 l 5 k - 3, 5; 81 Stat. 612), $4,000,000, to remain available until expended. ADMINISTRATIVE PROVISIONS

_

.i i,.

Appropriations and funds available to the United States F i s h and Wildlife Service shall be available for purchase of not to exceed one hundred and fourteen passenger motor vehicles, of which one hundred and six are for replacement only (including fifty-two for policetype u s e); purchase of four aircraft, for replacement only, one to be obtained by exchange; not to exceed $100,000 for payment, in the discretion of the Secretary, for information or evidence concerning violations of laws administered by the United States Fish and Wildlife Service; miscellaneous and emergency expenses of enforcement activities, authorized or approved by the Secretary and to be accounted for solely on his certificate, not to exceed $75,000; publication and distribution of bulletins as authorized by law (7 U.S.C. 4 1 7); insurance on official motor vehicles, aircraft and boats operated by the United States F i s h and Wildlife Service in Mexico and C a n a d a; repair of damage to public roads within and adjacent to reservation areas caused by operations of the United States Fish and Wildlife Service; options for the purchase of land at not to exceed $1 for each option; facilities incident to such public recreational uses on conservation areas as are not inconsistent with their p r i m a r y purpose, and the maintenance and improvement of aquaria, buildings and other facilities under the jurisdiction of the United States F i s h and Wildlife Service and to which the United States has title, and which are utilized pursuant to law in connection with management and investigation of fish and wildlife resources. NATIONAL P A R K

SERVICE

OPERATION OF THE NATIONAL PARK

^ SYSTEM

For expenses necessary for the management, operation, and maintenance of areas and facilities administered by the National P a r k Service (including special road maintenance service to trucking permittees on a reimbursable basis), $276,485,000: Provided, That the National P a r k Service shall not lease the facilities located at 900 Ohio D r i v e in the District of Columbia on any other basis than the fair market rental value generally pertaining for such premises in the area.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/1097

 PUBLIC LAW 94-373—JULY 31, 1976 P L A N N I N G AND

90 STAT. 1047

CONSTRUCTION

For construction, improvements, repair or replacement of physical facilities, without regard to the Act of August 24, 1912, as amended (16 U.S.C. 451); the acquisition of water rights; expenses necessary for investigation and studies to determine suitability of areas to be included in the National Park System, the designation of wilderness areas, and the management of water resources; the preparation of plans for existing and proposed park and recreation areas; provisions of technical assistance to other Federal agencies, and to States and private institutions in the planning, development, and operation of landmarks, parks, and recreation areas; and for financial or other assistance in planning, development, or operation of areas as authorized by law or pursuant to agreements with other Federal agencies. States, or private institutions, including not to exceed $257,000 for the Roosevelt Campobello International Park Commission, $40,097,000 to remain available until expended: Provided, That $2,060,000 shall be available for obligation only upon the enactment into law of authorizing legislation providing for the acquisition of locomotives and related facilities at the Golden Spike National Historic Site. Of the amount appropriated under this section, $111,000 shall be available for the payment of obligations outstanding on the date of enactment of this Act which were incurred in the development of the Chamizal National Memorial in the State of Texas. ROAD CONSTRUCTION

(LIQUIDATION OF CONTRACT

AUTHORITY)

For liquidation of obligations incurred pursuant to authority contained in title 23, United States Code, section 203, $21,800,000, to remain available until expended: Provided, That $118,995,000 of unobligated balances of contract authority provided by the FederalAid Highway Act of 1973 (P.L. 93-87) and proposed to be unobli- 23 USC 101 note, gated as of September 30, 1977, is hereby rescinded effective October 1, 1976. PRESERVATION OF HISTORIC

PROPERTIES

For expenses necessary in carrying out a program for the preservation of additional historic properties throughout the Nation, as authorized by law (16 U.S.C. 461-467, 470), and investigations, studies, and salvage of archeological values, $22,000,000, to remain available until expended: Provided, That $17,500,000 of the amount made available under this head shall be available for obligation only upon the enactment into law of H.R. 12234, Ninety-Fourth Congress^ or similar legislation. PLANNING,

DEVELOPMENT

AND

OPERATION

OF RECREATION

FACILITIES

For construction, operation, and maintenance of outdoor recreation facilities, without regard to the Act of August 24, 1912, as amended (16 U.S.C. 451); including collection of special recreation use fees, to remain available until expended, $14,000,000 to be derived from the special receipt accounts established by section 1(b) of the Act of July 15, 1968 (82 Stat. 354), and section 4(e) of the Act of July 11, 1972 16 USC 460Z-5 (86 Stat. 461): Provided, That not more than 40 per centum of the "o^. amount credited pursuant to section 4(e) of the Act of July 11, 1972, ^^ USC 460/-6a. shall be available for the enhancement of the fee collection system established by section 4 of such Act, including the promotion and enforcement thereof.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/1098

 90 STAT. 1048

PUBLIC LAW 94-373—JULY 31, 1976 JOHN

F, KENNEDY CENTER FOR THE PERFORMING ARTS

For expenses necessary for operating and maintaining the nonperforming arts functions of the John F. Kennedy Center for the Performing Arts, $3,072,000. ADMINISTRATIVE PROVISIONS

f

Appropriations for the National Park Service shall be available for the purchase of not to exceed one hundred eighty-one passenger motor vehicles, of which one hundred fifty-seven shall be for replacement only, including not to exceed one hundred twelve for police-type use; and to provide, notwithstanding any other provision of law, at a cost not exceeding $100,000, transportation for children in nearby communities to and from any unit of the National Park System used in connection with organized recreation and interpretive programs of the National Park Service: Provided, That any funds available to the National Park Service may be used, with the approval of the Secretary, to maintain law and order in emergency and other unforeseen law enforcement situations in the National Park System; and to provide insurance on official motor vehicles and aircraft operated by the National Park Service in Mexico and Canada. ENERGY AND MINEKALS •

GEOLOGICAL SURVEY

SURVEYS, I N V E S T I G A T I O N S, AND RESEARCH

43 USC 50.

-

=

For expenses necessary for the Geological Survey to perform surveys, investigations, and research covering topography, geology, and the mineral and water resources of the United States, its Territories and possessions, and other areas as authorized by law (43 U.S.C. 31, 1332, and 1340); classify lands as to mineral character and water and power resources; give engineering supervision to power permits and Federal Power Commission licenses; enforce departmental regulations applicable to oil, gas, and other mining leases, permits, licenses, and operating contracts; control the interstate shipment of contraband oil as required by law (15 U.S.C. 715); administer the minerals exploration program (30 U.S.C. 641); and publish and disseminate data relative to the foregoing activities; $305,896,000, of which $27,808,000 shall be available only for cooperation with States or municipalities for water resources investigations: Provided, That no part of this appropriation shall be used to pay more than one-half the cost of any topographic mapping or water resources investigations carried on in cooperation with any State or municipality. ADMINISTRATIVE PROVISIONS

The amount appropriated for the Geological Survey shall be available for purchase of not to exceed thirty-one passenger motor vehicles, for replacement only; reimbursement to the General Services Administration for security guard services, contracting for the furnishing of topographic maps and for the making of geophysical or other specialized surveys when it is administratively determined that such procedures are in the public interest; construction and maintenance of

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Page:United States Statutes at Large Volume 90 Part 1.djvu/1099

 PUBLIC LAW 94-373—JULY 31, 1976 necessary buildings and appurtenant facilities; acquisition of lands for observation wells; expenses of the U.S. National Committee on Geology; and payment of compensation and expenses of persons on the rolls of the Geological Survey appointed, as authorized by law, to represent the United States in the negotiation and administration of interstate compacts.

90 STAT. 1049

,

MINING ENFORCEMENT AND SAFETY ADMINISTRATION SALARIES AND EXPENSES

For expenses necessary to promote health and safety in mines and in the minerals industry through development, promulgation and enforcement of regulations, including mine inspections, technical support, and education and training as authorized by law, $93,740,000: Provided, That no part of the funds appropriated by this Act shall be used to pay any public relations firm for any promotional campaigns among coal miners. ADMINISTRATIVE PROVISIONS

Appropriations and funds available to the Mining Enforcement and Safety Administration may be expended for purchase and bestowal of certificates and trophies in connection with mine rescue and first-aid work, and for the purchase of not to exceed 195 passenger motor vehicles: Provided, That the Secretary is authorized to accept lands, buildings, equipment, and other contributions from public and private sources and to prosecute projects in cooperation with other agencies, Federal, State, or private: Provided further, That the Mining Enforcement and Safety Administration is authorized to promote health and safety education and training in the mining community through cooperative programs with States, industry, and safety associations: Provided further, That any funds available to the Department may be used, with the approval of the Secretary, to provide for the costs of mine rescue and survival operations in the event of major mine disasters. BUREAU OF MINES MINES AND MINERALS

For expenses necessary for conducting inquiries, technological investigations and research concerning the extraction, processing, use and disposal of mineral substances without objectionable social and environmental costs; to foster and encourage private enterprise in the development of mineral resources and the prevention of waste in the mining, minerals, metal and mineral reclamation industries; to inquire into the economic conditions affecting those industries; to promote health and safety in mines and the mineral industry through research; and for other related purposes as authorized by law, $164,465,000, of^ which $97,779,000 shall remain available until expended: Provided, That no part of the sum herein appropriated shall be used for the field testing of nuclear explosives in the recovery of oil and gas: Provided further, That the full-time permanent employees hired by the Bureau of Mines to staff the mining research center at Carbondale, Illinois, shall not be counted against or considered to be a part of any employment ceiling assigned to the Department of the Interior.

,

..,;.,-.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/1100

 90 STAT. 1050

PUBLIC LAW 94-373—JULY 31, 1976 ADMINISTRATIVE PROVISION

The Secretary is authorized to accept lands, buildings, equipment, and other contributions from public and private sources and to prosecute projects in cooperation with other agencies. Federal, State, or private: Provided, That the Bureau of Mines is authorized during the current fiscal year, to sell directly or through any Government agency, including corporations, any metal or mineral product that may be manufactured in pilot plants operated by the Bureau of Mines, and the proceeds of such sales shall be covered into the Treasury as miscellaneous receipts. INDIAN A F F A I R S BUREAU or '*

"

INDIAN

AFFAIRS

OPERATION o r

INDIAN

PROGRAMS

For expenses necessary to provide education and welfare services for Indians, either directly or in cooperation with States and other organizations, including payment (in advance or from date of admission), of care, tuition, assistance, and other expenses of Indians in boarding homes, institutions, or schools; grants and other assistance to needy Indians; maintenance of law and order, and payment of rewards for information or evidence concerning violations of law on Indian reservation lands, or treaty fishing rights tribal use areas; management, development, improvement, and protection of resources and appurtenant facilities under the jurisdiction of the Bureau of Indian Affairs, including payment of irrigation assessments and charges; acquisition of water rights; advances for Indian industrial and business enterprises; operation of Indian arts and crafts shops and museums; development of Indian arts and crafts, as authorized by law; and for the general administration of the Bureau of Indian Affairs, including such expenses in field offices, $602,713,000, of which not to exceed $31,452,000 for assistance to public schools shall remain available for obligation until September 30, 1978, and that the funds made available to tribes and tribal organizations through contracts authorized by the Indian Self-Determination and Education Assist25 USC 450 note, ance Act of 1975 (88 Stat. 2203; 25 U.S.C. 450) shall remain available until September 30, 1978: Provided, That this carryover authority does not extend to programs directly operated by the Bureau of Indian Affairs; and includes expenses necessary to carry out the provisions 25 USC 640d-7, of sections 8 and 19(a) of Public Law 93-531, $2,040,000 to remain 640d-18. available until expended, of which not more than $250,000 shall be available for payments pursuant to section 8(e) of said Act: Provided, That the Secretary of the Interior is directed, upon the request of any tribe, to enter into a contract or contracts with any tribal organization of any such tribe for the provision of law enforcement, if such contract proposal meets the criteria established by Public Law 25 USC 450 note. 93-638. CONSTRUCTION

For construction, major repair and improvement of irrigation and power systems, buildings, utilities, and other facilities; acquisition of lands and interests in lands; preparation of lands for farming; and architectural and engineering services by contract, $77,101,000, to remain available until expended: Provided, That such amounts as may

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Page:United States Statutes at Large Volume 90 Part 1.djvu/1101

 PUBLIC LAW 94-373—JULY 31, 1976

90 STAT. 1051

be available for the construction of the Navajo Indian Irrigation Project may be transferred to the Bureau of Reclamation. KOAD CONSTRUCTION

For construction of roads pursuant to section 318a of title 25, United States Code, $39,075,000, to remain available until expended. ROAD CONSTRUCTION

(LIQUIDATION OF CONTRACT AUTHORITY)

For liquidation of obligations incurred pursuant to authority contained in title 23, United States Code, section 203, as amended by Federal-Aid Highway Amendments of 1974, $36,795,000, to remain 23 USC 101 note, available until expended. INDIAN LOAN GUARANTY AND INSURANCE

FUND

For payment to the loan guaranty and insurance fund as authorized by the Indian Financing Act of 1974, Public Law 93-262, title III, section 302, to carry out the provisions of sections 217 and 301 of the above Act to (a) provide capital for a loan guaranty and insurance fund, (b) pay interest subsidy on guaranteed loans, and (c) pay administrative expenses, $15,000,000, to remain available until expended: Provided, That for the purpose of entering into contracts pursuant to title V, section 502 of the above Act, the Secretary is authorized to use not to exceed 5 per centum of any funds appropriated for any fiscal year pursuant to title III, section 302 of the above Act. ALASKA NATIVE

25 USC 1512. 25 USC 1497, 1511. 25 USC 1542. '

FUND

For transfer to the Alaska Native Fund to provide for settlement of certain land claims by Natives and Native groups of Alaska, and for other purposes, based on aboriginal land claims, as authorized by the Act of December 18, 1971 (Public Law 92-203), $30,000,000. 43 USC 1601 note. MISCELLANEOUS TRUST

FUNDS

In addition to the tribal funds authorized to be expended by existing law, there is hereby appropriated not.to exceed $3,000,000 from tribal funds not otherwise available for expenditure for the benefit of Indians and Indian tribes, including pay and travel expenses of employees; care, tuition, and other assistance to Indian children attending public and private schools (which may be paid in advance or from date of admission); purchase of land and improvements on land, title to which shall be taken in the name of the United States in trust for the tribe for which purchased; lease of lands and water rights; compensation and expenses of attorneys and other persons employed by Indian tribes under approved contracts; pay, travel, and other expenses of tribal officers, councils, and committees thereof, or other tribal organizations, including mileage for use of privately owned automobiles and per diem in lieu of subsistence at rates established administratively but not to exceed those applicable to civilian employees of the Government; relief of Indians, without regard to section 7 of the Act of May 27, 1930 (46 Stat. 391) including cash 18 USC 4124 and grants: Provided, That in addition to the amount appropriated herein, note, tribal funds may be advanced to Indian tribes during the current fiscal year for such purposes as may be designated by the governing body of the particular tribe involved and approved by the Secretary.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/1102

 90 STAT. 1052

PUBLIC LAW 94-373—JULY 31, 1976 ADMINISTRATIVE

PROVISION

Appropriations for the Bureau of Indian Affairs (except the revolving fund for loans) shall be available for expenses of exhibits; purchase of not to exceed one hundred thirty-eight passenger carrying motor vehicles of which one hundred seven shall be for replacement only, which may be used for the transportation of Indians; advance payments for service (including services which may extend bej'^ond the current fiscal year) under contracts executed pursuant to the Act of June 4, 1936 (25 U.S.C. 452), the Act of August 3, 1956 (25 U.S.C. 309), and legislation terminating Federal supervision over certain Indian tribes; and expenses required by continuing or permanent treaty provisions. TERRITORIAL A F F A I R S OFFICE OF TERRITORIAL AFFAIRS ADMINISTRATION

48 USC 1401f, 1423Z, 1665. 48 USC 1470a.

OF TERRITORIES

For expenses necessary for the administration of Territories under the jurisdiction of the Department of the Interior, including expenses of the Office of the Governor of American Samoa, as authorized by law (48 U.S.C. 1661(c)); compensation and mileage of members of the legislature in American Samoa as authorized by law (48 U.S.C. 1661(c)); compensation and expenses of the judiciary in American Samoa, as authorized by law (48 U.S.C. 1661(c)); grants to American Samoa, in addition to current local revenues, for support of governmental functions; grants to Guam, as authorized by law (48 U.S.C. 1428-1428e); and personal services, household equipment and furnishings, and utilities necessary in the operation of the house of the Governor of American Samoa; $23,846,000, together with $620,000 for expenses of the office of the Government Comptroller for the Virgin Islands to be derived from "Internal Revenue Collections for Virgin Islands", as authorized by law (48 U.S.C. 1599(a)) and $256,000 for expenses of the office of the Government Comptroller for Guam to be derived from duties and taxes which would otherwise be covered into the Treasury of Guam, as authorized by law (48 U.S.C. 1422d(a)), to remain available until expended: Provided, That the Territorial and local government herein provided for are authorized to make purchases through the General Services Administration: Provided further, That appropriations available for the administration of Territories may be expended for the purchase, charter, maintenance, and operation of surface vessels for official purposes and for commercial transportation purposes found by the Secretary to be necessary: Provided further, That in addition to the amounts provided above, there is appropriated for emergency grants to the Government of Guam, $20,000,000, which amount shall be available immediately upon enactment of this Act and shall remain available until expended, to assist in providing the necessary governmental services jeopardized, and repairing public facilities damaged, as a result of Typhoon Pamela: Provided further, That such emergency grants shall be made in accordance with such stipulations as the Secretary of the Interior may deem appropriate.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/1103

 PUBLIC LAW 9 4 - 3 7 3 — J U L Y 31, 1976

90 STAT. 1053

TRUST TERRITORY OF THE PACIFIC ISLANDS

For expenses necessary for the Department of the Interior in administration of the T r u s t Territory of the Pacific Islands pursuant to the Trusteeship Agreement approved by joint resolution of July 18, 1947, (61 Stat. 397), and the Act of June 30, 1954 (68 Stat. 330), as amended (90 Stat. 299), including the expenses of the H i g h Commissioner of the T r u s t Territory of the Pacific Islands; compensation and expenses of the J u d i c i a r y of the T r u s t T e r r i to r y of the Pacific Islands; g r a n t s to the T r u s t Territory of the Pacific Islands in addition to local revenues, for support of "governmental functions; $79,077,000, to remain available until expended: Provided, That all financial transactions of the T r u s t Territory, including such transactions of all agencies or instrumentalities established or utilized by such T r u s t Territory, shall be audited by the General Accounting Office in accordance with the provisions of the Budget and Accounting Act, 1921 (42 Stat. 2 3), as amended, and the Accounting and A u d i t i n g Act of 1950 (64 Stat. 834): Provided further. That the government of the T r u s t T e r r i to r y of the Pacific Islands is authorized to make purchases through the General Services Administration: Provided further, That appropriations available for the administration of the T r u s t T e r r i to r y of the Pacific Islands may be expended for the purchase, charter, maintenance, and operation of surface vessels for official purposes and for commercial transportation purposes found by the Secretary to be necessary in carrying out the provisions of article 6(2) of the Trusteeship Agreement approved by Congress. SECRETARIAL OFFICE OF THE SALARIES AND

22 USC 287 note. 48 USC 1681 note,

48 USC 1683.

31 USC 1. 31 USC 65 note, 48 USC 1682. 48 USC 1687.

OFFICES SOLICITOR EXPENSES

For necessary expenses of the Office of the Solicitor, $12,371,000. OFFICE OF THE

SECRETARY

SALARIES AND EXPENSES

For necessary expenses of the Office of the Secretary of the Interior, including not to exceed $2,000 for official reception and representation expenses, $20,620,000. DEPARTMENTAL OPERATIONS

For necessary expenses for certain operations that provide departmentwide services, $12,926,000. SALARIES AND EXPENSES (SPECIAL FOREIGN CURRENCY PROGRAM)

For payment in foreign currencies which the Treasury Department shall determine to be excess to the normal requirements of the United States, for necessary expenses of the Office of the Secretary, as authorized by law, $907,000, to remain available until expended: Provided, That this appropriation shall be available, in addition to other appropriations, to such office for payments in the foregoing currencies ( 7 U.S.C. 1704).

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