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Page:United States Statutes at Large Volume 92 Part 2.djvu/380

 92 STAT. 1660

PUBLIC LAW 95-496—OCT. 21, 1978

Public Law 95-496 95th Congress An Act Oct. 21, 1978 [S. 1081]

Indians. Osage Tribe, Okla. Tribal government, elections and appointments.

Repeal. 25 USC 331 note. Competency certificate revocation, application. 25 USC 331 note.

To amend certain laws relating to the Osage Tribe of Oklahoma, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 9 of the Act of June 28, 1906 (34 Stat. 539, 545), as amended, is further amended to read as follows: "There shall be a quadrennial election of the officers of the Osage Tribe as follows: A principal chief, an assistant principal chief, and eight members of the Osage Tribal Council shall be elected to succeed the officers elected in the year 1974 at a general election to be held in the town of Pawhuska, Oklahoma, on the first Monday in June 1978 and on the first Monday in June of each fourth year thereafter, in a manner to be prescribed by the Secretary of the Interior, and said officers shall be elected for a period of four years commencing on the first day of July following the election. In case of a vacancy in the office of principal chief or other officer by death, resignation, or otherwise, the vacancy shall be filled in a manner to be prescribed by the Osage Tribal Council. In the event of a common disaster and a quorum of five of the Osage Tribal Council does not survive, the Secretary shall appoint a principal chief and/or the number of councilmen necessary to complete a total of eight, to serve until the next quadrennial election. The Secretary is hereby authorized to remove from the council any member or members for good cause, to be by him determined, after the party involved has had due notice and opportunity to appear and defend himself. The tribal government so constituted shall continue in full force and effect until January 1, 1984, and thereafter until otherwise provided by Act of Congress.". SEC. 2. (a) The first paragraph of section 3 of the Act of June 24, 1938 (52 Stat. 1034, 1035), as amended, extending the mineral estate reserved to the Osage Tribe by the Act of June 26, 1906 (34 Stat. 539), is further amended by striking the phrase "until the eighth day of April 1983, and thereafter until otherwise provided by Act of Congress" and substituting, in lieu thereof, the phrase "in perpetuity". (b) The second paragraph of section 3 of the Act of June 24, 1938 (52 Stat. 1034, 1035), as amended, is amended by striking the phrase "unless otherwise provided by Act of Congress" and inserting, in lieu thereof, the phrase "and thereafter until otherwise provided by Congress". (c) The fourth paragraph of section 3 of the Act of June 24, 1938 (52 Stat. 1034, 1036) is amended by striking the phrase "January 1, 1984" and inserting, in lieu thereof, the phrase "January 1, 1984 and thereafter until otherwise provided by Congress". SEC. 3. (a) The Act of February 5, 1948 (62 Stat. 18) is hereby repealed. (b) Any Osage Indian having received a certificate of competency under paragraph 7 of section 2 of the Act of June 28, 1906 (34 Stat. 539, 542); section 3 of the Act of March 2, 1929 (45 Stat. 1478, 1480); or the Act of February 5, 1948 (62 Stat. 18), may make application to the Secretary of the Interior to revoke such certificate and the Secretary shall revoke such certificate: Provided, That revocation of any

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Page:United States Statutes at Large Volume 92 Part 2.djvu/381

 PUBLIC LAW 95-496—OCT. 21, 1978 certificate shall not affect the legality of any transactions heretofore made by reason of the issuance of any such certificate. Restrictions against alienation of lands heretofore removed are not reimposed. (c) Sections 3 and 4 of the Act of February 27, 1925 (43 Stat. 1008 1010-11); and section 4 of the Act of March 2, 1929 (45 Stat. 1478, 1480); and sections 1 and 3 of the Act of June 24, 1938 (52 Stat. 1034) are hereby amended by striking, wherever they occur, the phrases "of one-half or more Indian blood", "of more than one-half Indian blood", "of one-half or more Ossige Indian blood", and "or who is one-half or more Osage Indian blood". SEC. 4. In order to conserve natural resources and provide for the greatest ultimate recovery of oil and gas underlying the Osage mineral estate, the Secretary of the Interior is authorized to establish rules and regulations under which oil and gas leases producing from a common source of supply may be unitized. SEC. 5. (a) Section 8 of the Act of April 18, 1912 (37 Stat. 86, 88), is hereby amended to read as follows: "Any person of Osage Indian blood, eighteen years of age or older, may dispose of his Osage headright or mineral interest and the remainder of his estate (real, person, and mixed, including trust funds) from which restrictions against alienation have not been removed by will executed in accordance with the laws of the State of Oklahoma: Provided, That the will of any Osage Indian shall not be admitted to probate or have any validity unless approved after the death of the testator by the Secretary of the Interior. The Secretary shall conduct a hearing as fo the validity of such will at the Osage Indian Agency in Pawhuska, Oklahoma. Notice of such hearing shall be given by publication at least ten days before the hearing in a newspaper of general circulation in Osage County, Oklahoma, and by mailing notice of such hearing to the last known address of all known heirs, legatees, and devisees. The cost of publication shall be borne by the estate. The rules of evidence of the State of Oklahoma shall govern the admissibility of evidence at such hearing. All evidence relative to the validity of the will of an Osage Indian shall be submitted to the Secretary within one hundred and twenty days after the date of the petition for approval of such will is filed with the Secretary, unless for good cause shown the Secretary extends the time: Provided, That such time shall not be extended beyond six months from the date of the first hearing. For purposes of determining the validity of any will, the Secretary is hereby granted the same subpena power as is vested in the courts. All costs of obtaining witnesses and evidence before the Secretary shall be borne by the party producing such witnesses or evidence, subject to such costs being taxed to the estate in the event that the District Court of the State of Oklahoma having jurisdiction should determine such costs beneficial to the whole estate. Notwithstanding any appeal from the decision of the Secretary, approval of such will by the Secretary shall entitle it to be admitted to probate without further evidence as to its validity or, upon disapproval thereof, the heirs may immediately petition for letters of administration in the district court. No appeal from the order of the Secretary approving or disapproving any will shall stay the issuance of letters testamentary or of administration: Provided, That such letters shall not confer power to sell any restricted assets by virtue of any provision in such will, pay or satisfy legacies, or distribute property of the decedent to the heirs or beneficiaries until the final determination of

92 STAT. 1661

Oil and gas lease unitization, rules. 25 USC 331 note. Mineral interest and estate, disposition.

Notice and hearing.

Subpenas.

Appeal.

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Page:Folk-lore - A Quarterly Review. Volume 10, 1899.djvu/110

 84 people play no mean part in the drama. The results were not, it is true, immediately apparent. The Viking ideal, as embodied at least in his literature, exercised no influence upon the general trend of European culture. It was otherwise with the next great movement in which Britain also plays a capital part. In the twelfth century, thanks, and thanks alone, to the political and social movements of which Britain was the centre, Celtic fancy, Celtic romance, penetrated to every district of Western Christendom and victoriously influenced the social and moral ideals of the time. It was true they had to wear a foreign dress, to accept a large admixture of Christian and classic elements, but nevertheless, alike by the actual subject-matter which it presents and by its animating spirit, the Arthurian romance belongs to those older worlds of belief and fancy which it is our task to investigate.

This older world, as I contended two years ago, came again to the front when, at the breaking up of mediæval civilisation, the order under which we are still living may be said to have begun. I need not urge afresh the claim I made on behalf of England, that here alone the thoughts and fancies of that older world were given a worthy form, and were enabled to become an imperishable portion of mankind's inheritance of beauty and wisdom. Nor need I emphasise the part played alike by the Teutonic and the Celtic elements of our race in the great romantic revival, which, starting a century and a half ago, was to result in the momentous changes, literary, intellectual, social, and political, which have profoundly affected the century drawing to a close, and the force of which is not yet spent. Viewing that revival in its widest and most general aspect, it must be regarded as a return to earlier sources of inspiration whether for the artist or the thinker, as the sympathetic reconstruction and vindication of much that humanity


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Page:United States Statutes at Large Volume 92 Part 2.djvu/382

 92 STAT. 1662

Probate.

Estate handling, investigation and prosecution.

Limitations.

Inheritance. 25 USC 331 note.

25 USC 331 note.

Inter vivos trust. 25 USC 331 note.

PUBLIC LAW 95-496—OCT. 21, 1978 the appeal, but all other action taken by the district court pending said appeal shall be valid and binding. No court except a Federal court shall have jurisdiction to hear a contest of a probate of a will that has been approved by the Secretary. Such appeals shall be on the record made before the Secretary and his decisions shall be binding and shall not be reversed unless the same is against the clear weight of the evidence or erroneous in law.". (b) Section 3 of the Act of April 18, 1912 (37 Stat. 86), is hereby amended to read as follows: "That the property of deceased and of orphan minor, insane, or other incompetent Osage Indians, such incompetency being determined by the laws of the State of Oklahoma which are hereby extended for such purpose to all Osage Indians, shall, in probate matters, be subject to the District Court of Oklahoma having jurisdiction. A copy of all papers filed in the district court shall be served on the Superintendent of the Osage Agency at the time of filing, and said Superintendent is authorized, whenever the protection of the interest of the Osage Indian requires, to appear in the district court. The Superintendent of the Osage Agency or the Secretary of the Interior, whenever he deems the same necessary, may investigate the conduct of executors, administrators, guardians, or other persons having charge of the estate of any minor, incompetent, or deceased Osage Indian. Whenever he shall be of the opinion that the estate is in any manner being dissipated, wasted, or permitted to deteriorate in value by reason of the negligence, carelessness, or incompetency of the executor, administrator, guardian, or other person in charge of the estate, the Superintendent of the Osage Agency or the Secretary is authorized, and it shall be his duty, to report said matter to the district court, take the necessary steps to have such case fully investigated, and prosecute any remedy, either civil or criminal, as the exigencies of the case may require. The costs and expenses of any civil proceedings shall be a charge upon the estate of the Osage Indian or upon the executor, administrator, guardian, or other person in charge of the estate of the Osage Indian and his surety, as the district court shall determine. Every bond of the executor, administrator, guardian, or other person in charge of the estate of any Osage Indian shall be subject to the provisions of this section and shall contain therein a reference hereto: Provided, That no guardian shall be appointed for a minor whose parents are living unless the estate of said minor is being wasted or misused by such parents: Provided further, That no land shall be sold or alienated under the provisions of this section without approval of the Secretary.". (7) Section 7 of the Act of February 27, 1925 (43 Stat. 1008, 1011), as amended, is hereby further amended to read as follows: "Hereafter none but heirs of Indian blood and children legally adopted by a court of competent jurisdiction and parents, Indian or non-Indian, shall inherit from Osage Indians any right, title, or interest to any restricted land, moneys, or Osage headright or mineral interest.". (d) Notwithstanding the provisions of subsections (a), (b), and (c) of this section, disposition of any Osage headright or mineral interest shall be subject to the provisions of section 7 of this Act. SEC. 6. (a) With the approval of the Secretary of the Interior, any person of Osage Indian blood, eighteen years of age or older, may establish an inter vivos trust covering his headright or mineral interest except as provided in section 8 hereof; surplus funds; invested surplus

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Page:United States Statutes at Large Volume 92 Part 2.djvu/383

 PUBLIC LAW 95-496—OCT. 21, 1978

92 STAT. 1663

funds: segregated trust funds; and allotted or inherited land, naming the Secretary of the Interior as trustee. An Osage Indian having a certificate of competency may designate a banking or trust institution as trustee. Said trust shall be revocable and shall make provision for the payment of funeral expenses, expenses of last illness, debts, and an allowance to members of the family dependent on the settlor. (b) Property placed in trust as provided by this section shall be subject to the same restrictions against alienation that presently apply to lands and property of members of the Osage Tribe, and the execution of such instrument shall not in any way affect the tax-exempt status of said property. SEC. 7. After passage of this Act, a person not of Osage Indian blood, Headright or except a child legally adopted by an Osage Indian in any court of com- mineral interest, petent jurisdiction and the lineal descendants of such adopted child, alienation subject to the stipulation that such adopted child or his lineal descend- limitations. ants cannot alienate his Osage headright or mineral interest and the 25 USC 331 note. devolution thereof is limited to intestacy, will, or inter vivos trust the same as if he were of Osage Indian blood, is prohibited from receiving more than a life estate in an Osage headright interest owned by an Osage Indian, such adopted child or his lineal descendants, whether such interest is received by will, inter vivos trust, or Oklahoma law of intestate succession. Upon the death of such recipient, the Osage headright or mineral interest shall vest in the remaindermen thereof who are of Osage Indian blood, adopted children, and/or lineal descendents of such adopted children designated by the will or inter vivos trust of the deceased Osage Indian, his adopted child, or the lineal descendants of such adopted child. If such instrument does not designate remaindermen thereof who are of Osage Indian blood, adopted children, and/ or lineal descendants of such adopted children, or if the deceased died intestate, the Osage headright or mineral interest shall vest in his heirs pursuant to the Oklahoma law of intestate succession, subject to the above limitations. On the death of the non-Osage beneficiary or heir, except in the case of adopted children or lineal descendants of such adopted children, such Osage headright or mineral interest shall vest in the Osage Tribe and the Tribe shall pay the estate of the non-Osage beneficiary or heir the market value of such Osage headright or mineral interest. Payments under this section shall be made from Osage tribal mineral funds authorized to be expended by section 8(b) hereof. SEC. 8. (a) Any individual right to share in the Osage mineral estate 25 USC 331 note (commonly referred to as "headright") owned by a person not of Indian blood may not, without the approval of the Secretary of the Interior, be sold, assigned, or transferred. Sale of any such interest shall be subject to the right of the Osage Tribe to purchase it within forty-five days at the highest legitimate price offered the owner thereof. (b) Prior to the time and tribal mineral income is segregated for distribution to individual headright owners, the Secretary of the Interior, at the request of the Osage Tribal Council, may direct the use of any such income for the purchase of Osage headright interests offered for sale to the Osage TrilDe pursuant to this section or vested in the Osage Tribe pursuant to section 7 of this Act.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/384

 92 STAT. 1664

PUBLIC LAW 95-496—OCT. 21, 1978

Determination. SEC. 9. Under such regulations as the Secretary of the Interior may 25 USC 331 note, prescribe, the heirs and legatees of any deceased owner of an Osage headright or mineral interest, real estate on which restrictions against alienation have not been removed, and funds on deposit at the Osage Agency may be determined by the Secretary if such aggregate interests do not exceed $10,000: Provided, That no court of competent jurisdiction has undertaken the probate of the deceased's estate and a request for such administrative determination has been made to the Secretary by one or more of the heirs or legatees. Approved October 21, 1978.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-1459, accompanying H.R. 11894 (Coram, on Interior and Insular Affairs). SENATE REPORT No. 95-1157 (Select Coram, on Indian Affairs). CONGRESSIONAL RECORD, Vol. 124 (1978): Sept. 8, considered and passed Senate. Oct. 3, H.R. 11894 considered and passed House; passage vacated, and S. 1081, amended, passed in lieu. Oct. 7, Senate concurred in House amendments.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/385

 PUBLIC LAW 95-497—OCT. 21, 1978

92 STAT. 1665

Public Law 95-497 95th Congress An Act Relating to the application of certain provisions of the Internal Revenue Code of 1954 to specified transactions by certain public employee retirement systems created by the State of New York or any of its political subdivisions.

Oct. 21. 1978 [H.R. 12051]

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

New York public SECTION 1. QUALIFIED STATUS OF PARTICIPATING PENSION PLANS. employees. (a) GENERAL RULE.—A participating pension plan shall not be Retirement considered to fail to satisfy the requirements of section 401(a) of the systems. Internal Revenue Code of 1954, and shall not be considered to have 26 USC 41. engaged in a prohibited transaction described in section 503(b) of 26 USC 503.

such Code, merely because— (1) during the period beginning on July 1, 1978, and ending on June 30, 1982, the plan acquires city indebtedness which meets the applicable requirements of section 2, or (2) the plan continues to hold any city indebtedness acquired— 90 Stat. 238. (A) pursuant to this Act or Public Law 94-236, or (B) before November 26, 1976. (b) ACQUISITION OF INDEBTEDNESS PURSUANT TO AGREEMENT.—The

acquisition of city indebtedness by a participating pension plan under an agreement for the acquisition of city indebtedness meets the applicable requirements of section 2 if— (1) the agreement is not disapproved by the Secretary under subsection (c), and (2) the plan certifies to the Secretary (and furnishes to the Secretary and to the appropriate committees of the Congress such supporting information and documentation as the Secretary shall require) that the acquisition— (A) is made under the agreement, and (B) meets the applicable requirements of section 2 (determined without regard to the provisions of subsections (b), (c),and (f) of section 2). (c) SIXTY-DAY PERIOD FOR DISAPPROVAL.—

(1) IN GENERAL.—Before entering into an agreement described in subsection (b), and before acquiring any city indebtedness not covered by such an agreement, the participating pension plan shall notify the Secretary of the proposed agreement or acquisition. If the Secretary determines (not later than 60 days after the date of such submission or such shorter period as the Secretary may establish) that such agreement or acquisition does not meet any requirement of section 2, the Secretary shall disapprove such agreement or acquisition (as the case may be). For purposes of this subsection, an amendment, or a waiver of any provision, of such an agreement shall be treated as a new agreement. (2) NOTIFICATION.—The Secretary shall, not later than the 10th day after the close of the period applicable under paragraph (1), notify the appropriate committees of the Congress of the determinations he has made with respect to the submission and the reasons on which such determinations were based.

39-194 O—80—pt. 2

25: QL3

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Page:United States Statutes at Large Volume 92 Part 2.djvu/386

 92 STAT. 1666

PUBLIC LAW 95-497—OCT. 21, 1978 SEC. 2. REQUIREMENTS.

i

(a) LIMITATIONS ON A M O U N T OF D E B T TO B E ACQUIRED.—

(1) PERCENTAGE LIMITATIONS.—An acquisition of city indebtedness by a participating pension plan does not meet the requirements of this section if— (A) AGGREGATE LIMIT ON ACQUISITIONS BY CITY P L A N S. — I n

the case of a city plan, the plan acquires any city indebtedness after June 30, 1979, and before the city plans meet the percentage limitation on holdings of city indebtedness applicable under this subparagraph for the 12-month period ending on the most recently preceding June 30. The percentage limitation on holdings of city indebtedness under this subparagraph is not met if the value of city indebtedness held by all city plans exceeds a percentage of the aggregate assets of all city plans equal to— (i) 40 percent for the 12-month period ending on June 30, 1979, ( i i) 36 percent for the 12-month period ending on June 30, 1980, (iii) 33 percent for the 12-month period ending on June 30, 1981, and (iv) 30 percent for the 12-month period ending on June 30, 1982.

.... f. l. -. ' i..

•

-

(B) L I M I T ON ACQUISITIONS BY EACH CITY P L A N. — I n the

case of a city plan, the plan acquires any city indebtedness which, when added to other city indebtedness held by such plan, would cause such holdings to exceed 50 percent of the assets of such plan a t the time of the acquisition. (C) L I M I T ON ACQUISITIONS BY STATE P L A N. — I n the case of

a State plan, the plan acquires any city indebtedness which, when added to other city indebtedness held by such plan, ' would cause such holdings to exceed 10 percent of the assets of such plan at the time of the acquisition. -•

••

•

(D) DETERMINATIONS o r WHETHER THE PERCENTAGE LIMITATIONS H A V E B E E N MET. (i) AGGREGATE L I M I T. — For the p u r p o s e of determin-^

s

'*•

-

. '

. '..

•

ing whether the percentage limitation on holdings of city indebtedness under subparagraph (A) has been met for any 12-month period described in that subparagraph, the plan shall use the arithmetic mean (expressed as a percentage) of 4 fractions, the numerators of which are the value of city indebtedness held by all city plans as of the close of each calendar quarter within the 12-month period for which the determination is being made and the denominators of which are the value of the assets of all city plans as of the close of each such calendar quarter. I f the percentage limitation under subparagraph (A) is not met for a 12-month period on the basis of the 4 fractions for the 4 calendar quarters within that 12-month period, the plan shall make a redetermination for that 12-month period as of the close of the first calendar quarter, if necessary, the second calendar quarter and, if necessary, the t h i r d calendar quarter following the 12-month period using the 4 fractions for the 12-month

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Page:United States Statutes at Large Volume 92 Part 2.djvu/387

 PUBLIC LAW 95-497—OCT. 21, 1978

92 STAT. 1667

period and the fraction or fractions for the additional quarter or quarters. If the value of city indebtedness or plan assets is not available for any quarter at the time the determination of the fraction for that quarter is being made, the plan shall use a value derived from interpolations from the most recently available semi-annual valuations. (ii)

PLAN LIMIT.—In making a determination of

whether or not an acquisition of city indebtedness meets the requirements of subparagraph (B) or (C), the plan shall make determinations based on the most current data available as to the holdings of city indebtedness and on the basis of the most recently available semiannual valuation of assets of the plan. (2) METHOD or VALUATION.—For purposes of this subsection— (A) city indebtedness is to be valued by the plan at its face value, and (B) all other assets are to be valued by the plan under methods determined by the Secretary to be consistent with the methods of valuing assets for purposes of section 412 of the Internal Revenue Code of 1954. 26 USC 412. (b) STANDARDS.— (1) OVERALL STANDARD.—The

'

overall standard used by the Secretary under this Act in determining whether or not to disapprove an agreement for the acquisition of city indebtedness under section 1(c) shall be the extent to which the acquisition of city indebtedness under the agreement will, in the case of a city plan— (A) maintain the ability of the city— (i) to make future contributions to the plan or trust, and (ii) to satisfy its future obligations to pay pension and retirement benefits to members and beneficiaries of such plan or trust, and (B) protect the sources of funds to provide retirement benefits for members and beneficiaries of the plan or trust. (2) FACTORS TO BE TAKEN INTO ACCOUNT.—In determining whether or not to disapprove such an agreement the Secretary shall take into account (among other factors) the terms of the obligations which are to be acquired under the agreement, (3) FISCAL PARTICIPATION BY PRIVATE SOURCES OR PUBLIC CREDIT

MARKETS.—The Secretary shall disapprove any such agreement unless he has received assurances to his satisfaction that there will be significant participation in the acquisition of city indebtedness by the State, an agency of the State, or private sources, or through public credit markets. (c) REQUIREMENTS W I T H RESPECT TO FISCAL CONDITION or THE CITY.— (1) SUBSTANTIAL PROGRESS TOWARD A BALANCED BUDGET BY 19 S 2.—

An acquisition of city indebtedness by a participating pension plan during any fiscal year beginning after June 30, 1979, does not meet the requirements of this section unless the Secretary has

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Page:United States Statutes at Large Volume 92 Part 2.djvu/388

 9 2 STAT. 1668

PUBLIC LAW 95-497—OCT. 21, 1978 determined for such fiscal year that the city is making substantial progress toward operating under expense budgets which do not show a deficit. (2) PRINCIPLES TO BE APPLIED UNDER PARAGRAPH (i). — The Sec-

Ante, p. 461.

retary shall make the determination required under paragraph (1) on the basis of— (A) whether o r not the requirements of paragraph (5) of section 103 of the New Y o r k City L o a n Guarantee Act of 1978 (as such Act is i n effect on the date of enactment of this Act) are being met, and (B) the annual audited financial statements of the city prepared in accordance with generally accepted accounting principles (including principles applicable to municipal governments which provide for a clear division between 'operating outlays and revenues on the one h and and capital ' >•> expenditures and revenues on the other h and) and in accordance with generally accepted auditing standards, (d) P L A N S H A VI N G NEGATIVE C A S H F L O W. —

-f' • • ^•''

(1) IN GENERAL.—An acquisition of any city indebtedness by a city plan does not meet the requirements of this section if the plan would have a negative cash flow for the fiscal year of acquisition. (2) SPECIAL RULES.—For purposes of paragraph (1) — (A) cash flow shall be determined by the plan for each fiscal year, and also whenever the plan enters into an agreement which must be submitted to the Secretary under section 'if- n I 1 (c) (including any amendment of, or waiver under, such an agreement), (B) cash flow shall be determined in the same manner as -«n •'; provided in paragraph (3) of subsection (e), and (C) the effect of completed and proposed acquisitions during the plan year on the cash flow shall be taken into account. (e) REPORTS.— (1) A N N U A L REPORT BY PLANS ON RECEIPTS, DISBURSEMENTS,
 * i;; HOLDINGS, AND CASH FLOW.—

>

(A) A N N U A L REPORT.—An acquisition of any city indebtedness by any participating city pension plan does not meet the requirements of this section unless, for each preceding plan year beginning after June 30, 1978, and ending more than 8 months and 15 days before the date of the acquisition, the plan has submitted a n annual report which meets the requirements of paragraph (2) to the Secretary and to the a p p r o p r i a t e committees of the Congress. (B) PROJECTED CASH FLOW.—An acquisition of city indebt-

edness by any participating city pension plan for any plan year does not meet the requirements of this section unless the committees of the Congress a statement showing the projected cash flow for the plan year. (2) A N N U A L REPORT BY INDEPENDENT PUBLIC ACCOUNTANT.—An
 * r T plan has submitted to the Secretary and to the appropriate

annual report does not meet the requirements of this paragraph unless it—

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 PUBLIC LAW 95-497—OCT. 21, 1978 5>

'I'-

92 STAT. 1669

(A) includes a n analysis of compliance by the plan throughout the fiscal year with the requirements of subparagraph s (A) and (B) of subsection (a)(1), (B) is prepared in accordance with generally accepted accounting principles, and (C) meets the requirements of paragraph (3) of section 103(a) of the Employee Retirement Income Security Act of 1974, as in effect on the date of enactment of this Act 29 USC 1023. (without regard to the last 4 sentences of subparagraph (A) of that paragraph). (3) RULES FOR DETERMINING CASH FLOW.—For purposes of p a r a -

g r a p h (1)(B), the cash flow— (A) shall take into account contributions and other income (such as dividends and interest) on the one h and and the payment of benefits and expenses on the other hand, and (B) shall not take into account items properly chargeable to capital account (such as the proceeds from the sale or redemption of assets), other than— (i) payment of principal during the period a debt is outstanding, (ii) payment of principal at maturity or redemption, and (iii) proceeds from the sale of obligations having a m a t u r i t y of one year or less a t the time of sale, (f) C I T Y M U S T COMPLY W I T H REQUIREMENTS OF SECTION 103(7) OF N E W YORK C I T Y LOAN GUARANTEE ACT OF 1978.—An acquisition

Ante, p. 461.

of city indebtedness by a city pension plan for any plan year does not meet the requirements of this section unless, at the time of the acquisition, the Secretary has determined that the requirements of paragraph (7) of section 103 of the New York City Loan Guarantee Act of 1978, as in effect on the date of enactment of this Act, have been met. SEC. 3. NOTIFICATION OF PLANS AND CITY OF ACQUISITIONS WHICH FAIL TO MEET REQUIREMENTS OF THE ACT; REGULATIONS. (a) NOTIFICATION OF P L A N S AND C I T Y. — (1) NOTICE OF FAILURE TO MEET REQUIREMENTS.—Whenever the

Secretary determines that an acquisition of city indebtedness has not met one of the requirements of section 2, he shall notify the participating plan or plans involved. (2) NOTICE OF POSSIBLE PROSPECTIVE FAILURE.—The Secretary

shall notify each participating pension plan and the city whenever he finds, based on information available to the Secretary, that a future acquisition of city indebtedness will fail to meet the requirements of section 2 because of the requirement of subsection (a) (l)(A) o r (c) o f that section, and he shall notify the participating pension plan concerned and the city whenever it appears that a future acquisition of city indebtedness by that plan will fail to meet the requirements of section 2 for any other reason. (b) REGULATIONS.—The Secretary of the Treasury or his delegate is Regulations, authorized to prescribe such regulations as may be necessary to carry out the provisions of this Act. SEC. 4. DEFINITIONS AND SPECIAL RULES. For purposes of this Act— (1)

PARTICIPATING PENSION P L A N. — The term

pension p l a n " means any city plan or State plan^

"participating

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Page:United States Statutes at Large Volume 92 Part 2.djvu/390

 92 STAT. 1670

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PUBLIC LAW 95-497—OCT. 21, 1978 (2) C I T Y PLAN.—The term "city p l a n " means any of the following: (A) the New Y o r k City employees' retirement system, '•'"(B) the teachers' retirement system for the city of New York, (C) the New York City Police Pension F u n d, article 2, (D) the New York City F i r e Department Pension F u n d, / article 1-B, and (E) the board of education retirement system for the city of New York. (3) STATE PLAN.—The term " State p l a n " means any of the following: (A) the New York State employees' retirement system, ' • (B) the New York State policemen's and firemen's retirement system, and (C) the New Y o r k State teachers'retirement system. (4)

APPROPRIATE COMMITTEES o r THE CONGRESS.—The

term

"appropriate committees of the Congress" means the Committee on W a y s and Means of the House of Representatives and the Finance Committee of the Senate. (5) REFERENCES TO PLAN INCLUDE REFERENCES TO TRUST.—A ref-

erence to a plan includes a reference to any trust forming a part thereof. (6) C I T Y INDEBTEDNESS.—The term "city indebtedness" means any city obligation or any State financing agency obligation. (7) C I T Y OBLIGATION.—The term "city obligation" means any indebtedness for money borrowed by the city. (8)

STATE FINANCING AGENCY OBLIGATION.—The term

"State

financing agency obligation" means any indebtedness for money borrowed by the State financing agency. (9) STATE FINANCING AGENCY.—The term

"State

financing

agency" means any agency o r instrumentality of the State of New York duly authorized by such State to act on behalf of or i n the interest of the city, and no other subdivision of the State, with respect to the city's financial affairs. (10) C I T Y. — The term "city" means the city of New York. (11) FISCAL YEAR.—The term "fiscal year " means a 1-year period beginning on July 1 or, where the Secretary determines it to be appropriate, the plan year of a participating pension plan. (12) SECRETARY.—The term "Secretary" means the Secretary of the Treasury. Except as provided in section 3, no function, power, or d u t y of the Secretary under section 1, section 2, o r this section may be delegated. (13) ACQUISITION.—The term "acquisition" includes— (A) a purchase or an exchange (whether pursuant to a rollover or otherwise), and (B) to the extent provided i n regulations prescribed by the Secretary, any modification in the terms of an obligation or in the rights of the holder of an obligation.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/391

 PUBLIC LAW 95-497—OCT. 21, 1978 SEC. 5. RELATIONSHIP OF THIS ACT TO PUBLIC LAW 94-236. Effective on the date of the enactment of this Act, the waiver of the requirements of sections 401(a) and 503(b) of the Internal Revenue Code of 1954 contained in subsection (a) of the first section of Public Law 94-236 shall not apply to acquisitions of city indebtedness on or after such date. Approved October 21, 1978.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-1605 (Coram, on Ways and Means). CONGRESSIONAL RECORD, Vol 124 (1978): Oct. 3, considered and passed House. Oct. 7, considered and passed Senate.

92 STAT. 1671 Effective date, 26 USC 401. 26 USC 503. ^ Stat. 238.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/392

 92 STAT. 1672

PUBLIC LAW 95-498—OCT. 21, 1978

Public Law 95-498 95th Congress An Act Oct. 21, 1978 [S. 2588]

To declare that the United States holds in trust for the Pueblo of Santa Ana certain public domain lands.

Indians. Pueblo of Santa Ana, N. Mex. Lands in trust.

Be it enacted by the Senate and H(mse of Representatives of the United States of America in Congress assembled, That all right, title, and interest of the United States in the following lands situated within Sandoval County in the State of New Mexico are hereby declared to be held by the United States in trust for the benefit and use of the Pueblo of Santa Ana: NEW MEXICO PRINCIPAL MERIDIAN

Township 13 North, Range 3 East Section 1: Lots 1,8,9,10, South half north half. South half. Section 3: Lots 9,10,11,12, South half north half, South half, Section 4: Lots 9,10,11,12, South half north half. South half. Section 5: All of that portion lying east of the west boundary of the right-of-way of New Mexico Highway 44, Section 9: East half west half, East half. Section 10: All, Section 11: All, Section 12: All, Section 13: All, Section 14: All, Section 15: North half northwest quarter, southeast quarter northwest quarter, northeast quarter southwest quarter northwest quarter, north half northwest quarter southwest quarter northwest quarter, southeast quarter northwest quarter southwest quarter northwest quarter, north half northwest quarter southeast quarter southwest quarter northwest quarter, northeast quarter southeast quarter southwest quarter northwest quarter, northeast quarter, north half northeast quarter northwest quarter northeast quarter southwest quarter, north half northeast quarter northeast quarter southwest quarter, north half southwest quarter northeast quarter northeast quarter southwest quarter, southeast quarter northeast quarter northeast quarter southwest quarter, northeast quarter southeast quarter, north half northwest quarter southeast quarter, southeast quarter northwest quarter southeast quarter, northeast quarter southwest quarter northwest quarter southeast quarter, north half northwest quarter southwest quarter northwest quarter southeast quarter, north half southeast quarter

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Page:United States Statutes at Large Volume 92 Part 2.djvu/393

 PUBLIC LAW 95-498—OCT. 21, 1978 southwest quarter northwest quarter southeast quarter, northeast quarter northeast quarter southwest quarter southeast quarter, northeast quarter southeast quarter southeast quarter, north half northwest quarter southeast quarter southeast quarter, southeast quarter northwest quarter southeast quarter southeast quarter, north half southwest quarter northwest quarter southeast quarter southeast quarter, north half northeast quarter southwest quarter southeast quarter southeast quarter, north half southeast quarter southeast quarter southeast quarter, north half southeast quarter southeast quarter southeast quarter southeast quarter; excluding existing rights-of-way, Section 23: Northeast quarter northwest quarter northwest quarter, northeast quarter northwest quarter northwest quarter northwest quarter, north half northwest quarter northwest quarter northwest quarter northwest quarter, north half northeast quarter southeast quarter northwest quarter northwest quarter, north half northeast quarter northwest quarter, southeast quarter northeast quarter northwest quarter, north half southwest quarter northeast quarter northwest quarter, southeast quarter southwest quarter northeast quarter northwest quarter, northeast quarter northeast quarter southeast quarter northwest quarter, north lialf northwest quarter northeast quarter southeast quarter northwest quarter, north half northeast quarter, southeast quarter northeast quarter, north half southwest quarter northeast quarter, north half southeast quarter southwest quarter northeast quarter, southeast quarter southeast quarter southwest quarter northeast quarter, north half southwest quarter southeast quarter southwest quarter northeast quarter, north half northeast quarter southwest quarter southwest quarter northeast quarter, northeast quarter northeast quarter southeast quarter, northeast quarter northwest quarter, northeast quarter southeast quarter, north half northwest quarter northwest quarter northeast quarter southeast quarter, north half southeast quarter northwest quarter northeast quarter southeast quarter, north half northeast quarter southeast quarter northeast quarter southeast quarter; excluding Rec. P P CL 10/10/62 and existing rights-of-way. Section 24: North half, southeast quarter, northeast quarter southwest quarter, north half northwest quarter southwest quarter, southeast quarter northwest quarter southwest quarter, north half southwest quarter northwest quarter southwest quarter, southeast quarter southwest quarter northwest quarter southwest quarter, north half southwest quarter southwest quarter northwest quarter southwest quarter, north half northeast quarter southwest quarter southwest quarter, north half southeast quarter northeast quarter southwest quarter southwest quar-ter, north half southeast quarter southwest quarter, southeast quarter southeast quarter southwest quarter, northeast quarter southwest quarter southeast quarter southwest quarter; excluding existing rights-of-way. Section 25: North half northeast quarter northeast quarter northeast quarter northwest quarter, northeast quarter northeast quarter, northeast quarter northwest quarter northeast quarter, north half northwest quarter northwest quarter northeast quarter, northeast quarter northwest quarter northwest quarter northeast quarter, north half southwest quarter northwest quarter northwest quarter northeast quarter, north half northeast quarter southwest quarter northwest quarter northeast quarter, north half southeast quarter northwest quarter northeast quarter, southeast quarter southeast quarter northwest quarter northeast quarter.

92 STAT. 1673

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Page:United States Statutes at Large Volume 92 Part 2.djvu/394

 92 STAT. 1674

PUBLIC LAW 95-498—OCT. 21, 1978 Township 13 North, Range 4 East Section 3: Lots 4,5,6, West half northeast quarter, Northwest quarter, Section 4: All; including bed of Jemez River, Section 5: Lots 1, 2, 3, 4, 5, Northwest quarter northwest quarter, South half northwest quarter. South half, and bed of Jemez River, Section 6: Lots 1,2,3,4, East half west half. East half, and bed of Jemez River, Section 7: All, Section 8: • " Lots 3,4,5, North half. Southwest quarter. Northwest quarter southeast quarter. Section 9: Lots 5,6,7,8 and bed of Jemez River lying north of the North boundary of the Angostura Grant, Section 17: Lots 10, 11, 12, 13, Northwest quarter, >. • Section 18: Lots 2,3, East half northwest quarter. Northeast quarter. Township 14 North, Range 3 East Section 6: Bed of the Jemez River, Township 14 North, Range 4 East Section 17: All, Section 18: East half east half, Section 19: East half east half, Section 20: All, Section 21: West half. Section 27: Southwest quarter southwest quarter, Section 28: Northwest quarter, South half, Section 29: All, Section 30: East half east half, Section 31: East half northeast quarter. Southwest quarter northeast quarter, Northwest quarter northwest quarter. South half northwest quarter.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/395

 PUBLIC LAW 95-498—OCT. 21, 1978

92 STAT. 1675

South half, and bed of Jemez River, Section 33: All, Section 34: South half northeast quarter. Northwest quarter. South half, Section 35: Lot9, West half southwest quarter, containing 16,249.98 acres more or less. (b)(1) The lands described in paragraph (2) of this subsection consisting of approximately 2240.14 acres shall continue to be subject to Public Land Order 873, entitled "An Order Withdrawing Public Lands for Use of the Department of the Army in Connection with the Jemez Canyon Dam and Reservoir Project", issued by the Secretary of the Interior on November 14, 1952, until such lands, or any portion thereof, are determined by the Secretary of the Army to be no longer needed for the purpose for which the lands were reserved under such order. The Secretary of the Army shall publish notice of any such Publication in determination in the Federal Register. Federal Register. (2) The lands described in subsection (a) of this section which are subject to Public Land Order 873 are the following lands: NEW MEXICO PRINCIPAL MERIDIAN

Township 13 North, Range 3 East Section 1: Lots 1,8,9,10, South half northeast quarter, Southeast quarter northwest quarter. Northeast quarter southwest quarter. Section 5: Lots 1,2,3,4, Northwest quarter northwest quarter, South half northwest quarter. Southwest quarter. West half southeast quarter, Lot 5, that part lying north of the east-west quarter section line. Section 6: Lots 1,2,3, Northeast quarter. East half northwest quarter, ' Northeast quarter southwest quarter, North half southeast quarter, Southeast quarter southeast quarter. Section 8: Lots 3,4,6, West half northeast quarter, Northwest quarter. North half southwest quarter, Northwest quarter southeast quarter, irwn 1 '7 Section 17 ' U 10 and 11, Lots Lc 12. that part lying east of the north-south quarter section Lot line, le,

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Page:United States Statutes at Large Volume 92 Part 2.djvu/396

 92 STAT. 1676

PUBLIC LAW 95-498—OCT. 21, 1978 Township 14 North, Range 4 East

Section 31: Southwest quarter northeast quarter, ,. ^ Northwest quarter northwest quarter, South half northwest quarter, ,, South half. Publication in SEC. 2. The Secretary of the Interior shall publish in the Federal Federal Register. Register the boundaries and descriptions of the lands declared to be held in trust by this Act. SEC. 3. All of the right, title, and interest of the United States in all minerals, including gas and oil, underlying the lands hereby declared to be held in trust for the Pueblo of Santa Ana, are hereby declared to be held by the United States in trust for the benefit and use of the Pueblo of Santa Ana. SEC. 4. (a) Nothing in this Act shall deprive any person of any valid existing right of use, possession, contract right, interest, or title which that person may have in any of the trust lands within the purview of this Act, or of any existing right of access to public domain lands over and across such trust lands, as determined by the Secretary of the Interior. All existing mineral leases involving lands declared to be held in trust by this Act, including oil and gas leases, which may have been issued or approved pursuant to Federal law, prior to enactment of this Act, shall remain in force and effect in accordance with the provisions thereof. Notwithstanding any other provisions of law, all applications for mineral leases involving such lands, including oil and gas leases, pending on the date of enactment of this Act shall be rejected and the advance rental payments returned to the applicants. (b) Those persons holding grazing permits from the United States Bureau of Land Management in the grazing unit known as the Bernalillo Community Allotment (Number 551), Sandoval County, New Mexico, as of the date of enactment of this Act are hereby granted the right to continue those grazing rights, subject to all otherwise applicable terms, conditions, rules, and regulations of the Bureau of Land Management governing such grazing rights, for a period of not to exceed ten years. Such grazing rights shall be administered by the Bureau of Land Management in accordance with applicable rules and regulations governing such rights on the Federal public domain, and may be canceled by the Bureau of Land Management in accordance with its regulations for failure to meet the terms and conditions of the existing permits, or failure to abide by applicable rules and regulations. Grazing fees shall be payable by the permittees to the Bureau of Land Management at prevailing rates, which fees shall be remitted by said Bureau to the Pueblo of Santa Ana within 30 days of receipt. Such grazing rights shall be nontransferable, except that they may be relinquished at any time to the Pueblo of Santa Ana. In the event of cancellation or relinquishment of said grazing rights as provided above, such rights shall not be renewed, nor shall any new permits be issued: Provided, however, That no grazing fees shall be payable by the said existing permittees for the first five years following enactment of this Act. (c) Subject to subsections (a) and (b) of this section, any property held in trust under this Act for the Pueblo of Santa Ana shall be administered in accordance with the laws and regulations applicable to other property held in trust by the United States for the Indian tribe of such pueblo. SEC. 5. (a) Any and all gross receipts derived from, or which relate to, the property declared to be held in trust by this Act which were

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Page:Folk-lore - A Quarterly Review. Volume 10, 1899.djvu/111

 Rh had tossed aside as infantile and outworn. Among its minor results was the organisation of our branch of study, and we cannot regard as entirely alien to our inquiries any manifestation of the spirit which gave us birth.

One of the chief outcomes of the romantic revival, perhaps the chief one from our point of view, has been the critical resuscitation and analysis of the mythic and heroic sagas, as well as of the customary wisdom of the Teutonic-speaking peoples. A beginning has been made in the accomplishment of a like task for the Celtic-speaking peoples, but very much yet remains to be done. We should not forget that we, as Britons, are the preservers of this great and fascinating body of archaic tradition, that its survival is due to the accidents of our geographical position and of our historical circumstances, that it is our duty as well as our right and our privilege to recover, before it is too late, what is yet remaining, and to place it beyond possibility of loss in a form rigidly faithful, and illustrated by the highest and most sympathetic learning we can command. That duty, as I hold, belongs in the first place to the governing and academic bodies of the United Kingdom; it is one. which they have largely neglected in the past, it is one which I see little sign of their performing in the future. It is all the more incumbent upon societies such as ours, that we should clearly realise our duty in this


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Page:United States Statutes at Large Volume 92 Part 2.djvu/397

 PUBLIC LAW 95-498—OCT. 21, 1978

92 STAT. 1677

received by the United States subsequent to the acquisition by the United States of such property and prior to the date of the enactment of this Act (including State school lands referred to in section 7), from whatever source and for whatever purpose, shall, as of the date of enactment of this Act, be deposited to the credit of the Pueblo of Santa Ana and may be expended by such tribe for such beneficial programs as the tribal governing body may determine. (b) All gross receipts (including, but not limited to, bonuses, rents, and royalties) hereafter derived by the United States from any contract, permit, or lease referred to in section 4(a) of this Act, shall be administered in accordance with the laws and regulations applicable to receipts from property held in trust by the United States for Indian tribes. SEC. 6. All property declared to be held in trust for the benefit and use of the Pueblo of Santa Aua pursuant to this Act, and all the receipts therefrom referred to in section 5 of this Act, shall be exempt from Federal, State, and local taxation so long as such property is held in trust by the United States. Any distribution of such receipts to tribal members shall neither be considered as income or resources of such members for purposes of any such taxation nor as income or resources or otherwise utilized as the basis for denying or reducing the financial assistance or other benefits to which such member or his household would otherwise be entitled to under the Social Security Act or any other Federal or federally assisted 42 USC 1305. program. SEC. 7. (a) For the purpose of improving the land tenure pattern and consolidating Santa Ana Pueblo lands, the Secretary of the Interior is authorized and directed to acquire, by purchase or exchange, under such regulations as he may prescribe, all State school lands in township 13 north, range 3 east, sections 2 and 16; township 14 north, range 3 east, section 36; and township 14 north, range 4 east, section 32, State of New Mexico, containing 2004.05 acres, more or less; and interests therein, including improvements, mineral rights, and water rights. In exercising his authority to acquire such lands by exchange, the Secretary is authorized to utilize unappropriated public lands in the State of New Mexico. The properties so exchanged shall be of approximately equal value, and the Secretary may accept cash from or pay cash to the State of New Mexico in such an exchange in order to equalize the values of the properties exchanged. (b) The Secretary may execute any title documents necessary to Title documents, effect the exchanges authorized by this section. (c) Title to all lands acquired under the provisions of this section shall be taken in the name of the United States in trust for Santa Ana Pueblo. SEC. 8. (a) Notwithstanding any other provision of this Act, during the 3 years following enactment of this Act, the Secretary may, after giving the tribe 30 days written notice and after consulting with the tribe, enter on the lands described in the first section of this Act to identify, investigate, examine, and remove any paleontological resources from such lands: Provided, That no explorations, surveys, or excavations shall be authorized within a 200-yard radius of the following shrines or religious sites: (1) Santiyaku 'Ko Kura (Santiago's Corral); (2) Santiyaku Ka'ma (Santiago's Home); (3) Santiyaku 'Kaisru (Santiago's Field); (4) 'Tsitsi Sruwii (Water Snake Head);

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Page:United States Statutes at Large Volume 92 Part 2.djvu/398

 92 STAT. 1678

PUBLIC LAW 95-498—OCT. 21, 1978 «'

(5) Tuyuuna (SnakeHead Shrine-Canjilon H i l l); (6) Shayeka Kauwatsesruma (Hunter Shrine); (7)'Kuyau'Kapesru (OldLady Sits Shrine); (8) Huchaniitse (White House Shrine); (9) Dyadyu Tsinautani (Bobcat Point); (10)'Kasreri'Kumiyeisruma (Clown Point); (11) Chapiyu'Ka'kuyanisru (Chapiyu's Trail); (12) Shawiti'tsuyu (Part Point); (13) Hana 'Kai (Sacred Clown Society Shrine); (14) Yusrkuma (Corn Cob Shrine); Such resources so removed are the property of the United States and shall be administered under laws applicable to federally owned resources. Paleontological resources on such lands that are not removed from the lands pursuant to this section shall be managed in a manner that will permit the greatest possible public benefit, use, and study of the resources, consistent with tribal law and practices. (b) Any lands excavated pursuant to this section shall be reclaimed and restored to their original condition by the Secretary, as nearly as he determines may be practicable. Approved October 21, 1978.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-1219, accompanying H.R. 3924 (Comm. on Interior and Insular Affairs). SENATE REPORT No. 95-1132 (Select Comm. on Indian Affairs). • ' CONGRESSIONAL RECORD, Vol. 124 (1978): Sept. 6, considered and passed Senate. Oct. 3, 4, H.R. 3924 considered and passed House; passage vacated, and S. 2588, amended, passed in lieu. Oct. 7, Senate concurred in House amendment.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/399

 PUBLIC LAW 95-499—OCT. 21, 1978

Public Law 95-499 95th Congress

92 STAT. 1679

. An Act

To declare that the United States holds in trust for the Pueblo of Zia certain public domain lands.

Be it eTMcted by the Senate and House of Representatives of the United States of America in Congress assembled, That all right, title, and interest of the United States in the following lands situated within Sandoval County in the State of New Mexico are hereby declared to be held by the United States in trust for the benefit and use of the Pueblo of Zia:

Oct. 21, 1978 [S. 2358]

Indians, Pueblo of Zia, N.Mex. ^^^^ >° trust-

NEW MEXICO PRINCIPAL MERIDIAN

Township 14 North, Range 1 East Section 3: Lots 2,3,4, Southwest quarter northeast quarter, West half southeast quarter, Southwest quarter. Southeast quarter southeast quarter. South half northwest quarter. Township 15 North, Range 1 East Section 10: Lot 4, Section 11: South half south half, Section 13: Southeast quarter, West half, Section 14: All, ' Section 16: L o t s l, 2, 3,4, Southwest quarter, West half southeast quarter. Section 22: All, Section 23: West half northeast quarter, Northeast quarter northeast quarter. Southeast quarter, West half. Section 24: North half north half. Section 26: North half northwest quarter. Section 27: All, Section 34: Southwest quarter. Northwest quarter. Northeast quarter, Containing 4,848.13 acres, more or less. SEC. 2. The Secretary of the Interior shall publish in the Federal Publication in Register the boundaries and descriptions of the lands declared to be Federal Register, held in trust by this Act. SEC. 3. All of the right, title, and interest of the United States in all minerals, including gas and oil, underlying the lands hereby declared

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Page:United States Statutes at Large Volume 92 Part 2.djvu/400

 92 STAT. 1680

Title documents.

Roadway right-ofway.

PUBLIC LAW 95-499—OCT. 21, 1978 to be held in trust for the Pueblo of Zia, are hereby declared to be held by the United States in trust for the benefit and use of the Pueblo of Zia. SEC. 4. (a) Nothin;^ in this Act shall deprive any person of any valid existing right of use, possession, contract right, interest, or title which that person may have in any of the trust lands within the purview of this Act, or of any existing right of access to public domain lands over and across such trust lands, as determined by the Secretary of the Interior. All existing mineral leases involving lands declared to be held in trust by this Act, including oil and gas leases, which may have been issued or approved pursuant to Federal law, prior to enactment of this Act, shall remain in force and effect in accordance with the provisions thereof. Notwithstanding any other provision of law, all applications for mineral leases involving such lands, including oil and gas leases, pending on the date of enactment of this Act shall be rejected and the advance rental payments returned to the applicants. (b) Subject to the provisions of subsection (a) of this section, the property declared to be held in trust by this Act for the benefit and use of the Pueblo of Zia shall hereafter be administered in accordance with the laws and regulations applicable to other property held in trust by the United States for the Indian tribe of such pueblo. SEC. 5. All gross receipts (including, but not limited to, bonuses, rents, and royalties) hereafter derived by the United States from any contract, permit, or lease which relates to the property declared to be in trust by this Act received subsequent to the enactment of this Act shall be administered in accordance with the laws and regulations applicable to receipts from property held in trust by the United States for Indian tribes. SEC. 6. All property declared to be held in trust for the benefit and use of the Pueblo of Zia pursuant to this Act, and all the receipts therefrom referred to in section 5 of this Act, shall be exempt from Federal. State, and local taxation so long as such property is held in trust by the United States. Any distribution of such receipts to tribal members shall neither be considered as income or resources of such members for purposes of any such taxation nor as income or resources or otherwise utilized as the basis for denying or reducing the financial assistance or other benefits to which such member or his household would otherwise be entitled to under the Social Security Act or any other Federal or federally assisted program. SEC. 7. (a) The Secretary may execute any title documents necessary to effect conveyances authorized by this Act. (b) Title to all lands acquired under the provisions of this Act shall be taken in the name of the United States in trust for the Pueblo of Zia. SEC. 8. The transfer and conveyance of title shall be subject to the following roadway right-of-way to be for the use and benefit of adjacent private landowners, the Bureau of Land Management, its permittees, lessees, successors, and assigns: (1) Access road through Zia Allotment: A road right-of-way 50 feet wide over that portion in southeast quarter section 13, north half section 24, southeast quarter section 23, north half section 26, and north half section 27, all in township 15 north, range 1 east, New Mexico principal meridian.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/401

 PUBLIC LAW 95-499—OCT. 21, 1978 Beginning at intersection of State Road 44, thence southwesterly 1,600 feet to a point of curve, thence westerly 2,100 feet to a point of curve, thence southerly 1,100 feet to a point of curve, thence southwesterly 2,400 feet to a point of curve, thence southerly 2,640 feet of a point of curve, thence southerly 8,500 feet to a point of curve near the west section line of section 27, road being 3.5 miles long (approx.). Distances to a curve are scaled distances (approx.) from U.S.G.S. Quadrangle Sheet, Sky Village N.E. Quadrangle, and San Ysidro Quadrangle. The description was compiled from U.S.G.S. Quadrangle maps dated November 1960, and this is only a paper survey. (2) Gypsum Mine Access Road: A road right-of-way 50 feet wide, over that portion in southeast quarter of section 13, northeast quarter section 24, west half section 13, and northeast quarter section 14, all in township 15 north, range 1 east. New Mexico principal meridian. Beginning at the intersection of Gypsum mine access road and access road through lands known as Zia Allotment being 500 feet southwesterly from State Road 44, thence northwesterly 6,500 feet near the east line of section 14. Distances to the termination of road are scaled distances (approx.) from U.S.G.S. Quadrangle Sheet, San Ysidro Quadrangle. This description was compiled from U.S.G.S. Quadrangle map dated November 1960, and this is only a paper survey. SEC. 9. (a) Notwithstanding any other provision of this Act, during the 3 years following enactment of this Act, the Secretary may, after giving the tribe 30 days written notice and after consulting with the tribe, enter on the lands described in the first section of this Act to identify, investigate, examine, and remove any paleontological resources from such lands: Provided, That no explorations, surveys, or excavations shall be authorized within a 200-yard radius of the following shrines or religious sites: (1) Tiam (Eagle Peak, Eagle Rock, Eagle Point); (2) Hu-nali-'kah-'kah-Warish (Cherry Spring); (3) Pah-Pah (Grandma); (4) Ku-Mah-Yah-Wish (Mudhead); (5) Punaya; (6) Grash-Yeh-Tey-Sham (White Points). Such resources so removed are the property of the United States and shall be administered under laws applicable to federally owned resources. Paleontological resources on such lands that are not removed from the lands pursuant to this section shall be managed in a manner that will permit the greatest possible public benefits, use, and study of the resources, consistent with tribal law and practices.

39-194 O—80—pt. 2

26: QL3

92 STAT. 1681

Paleontological resources, access, notice and consultation.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/402

 92 STAT. 1682

PUBLIC LAW 95-499—OCT. 21, 1978 (b) Any lands excavated pursuant to this section shall be reclaimed and restored to their original condition by the Secretary, as nearly as he determines may be practicable. Approved October 21, 1978.

LEGISLATIVE HISTORY: HOUSE REPORT! No. 95-1220, accompanying H.R. 10240|(Comm. on Interior and Insular Affairs). SENATE REPORT No. 95-1131 (Select Comm. on Indian Affairs). CONGRESSIONAL RECORD, Vol. 124 (1978): Sept. 6, considered and passed Senate. Oct. 3, H.R. 10240 considered and passed House; passage vacated, and S. 2358, amended, passed in lieu. Oct. 7, Senate concurred in House amendments.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/403

 92 STAT. 1683

PUBLIC LAW 95-500—OCT. 21, 1978

Public Law 95-500 95th Congress An Act To make specific provisions for ball or roller bearing pillow block,flange,take-up, cartridge, and hanger units in the Tariff Schedules of the United States, and for other purposes.

Oct. 21. 1978 [H.R. 8755]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) subpart J Machine parts, of part 4 of schedule 6 of the Tariff Schedules of the United States duty suspension, (19 U.S.C. 1202) is amended— (1) by striking out "pulleys, pillow blocks, and shaft couplings;" in the superior heading to items 680.45 through 680.54 and inserting in lieu thereof "pulleys and shaft couplings; pillow blocks; flange, take-up cartridge, and hanger units;"; (2) by redesignating items 680.52 and 680.54 as items 680.55 and 680.56, respectively; and (3) by striking out item 680.50 and inserting in lieu thereof the lollowing new items: Pulleys and shaft couplings, and parts thereof Pillow blocks and parts thereof; Ball or roller bearing type 680.51 other types 680.52 Flange, take-up, cartridge, and hanger units, and parts thereof: Ball or roller bearing type 68a 53 other types 680.54 680.50

9.5%ad val. 45% ad val. 9.5% ad val. 45%ad val. 9.5% ad val. 46% ad val. 9.5% ad val. 45% ad val. 9.5% ad val. 45% ad val.

(b) The amendments made b^ subsection (a) shall apply with respect to articles entered, or withdrawn from warehouse, for consumption on or after the date of the enactment of this Act. SEC. 2. (a) Subpart B of part 1 of the Appendix to the Tariff Schedules of the United States (19 U.S.C. 1202) is amended by inserting in numerical sequence the following new item: 912.06

Yankee Dryer Cylindtrs (provided for in item 668.06, part 4D, schedule 6)

Free No

On or before 12/31/81

(b) The amendment made by subsection (a) shall apply with respect to articles entered, or withdrawn from warehouse, for consumption on or after the date of the enactment of this Act. SEC. 3. (a) Subpart A of part 6 of Schedule 7 of the Tariff Schedules of the United States (19 U.S.C. 1202) is amended by inserting immediately after item 740.10 the following new item: 740.20

Necklaces, valued not over 30 cents per dozen, composed wholly of plastic shapes mounted on fiber string

Effective date. 19 USC 1202 note. 19 USC 1202 app.

Free

Free

Effective date. 19 USC 1202 app. note. Jewelry, duty suspension.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/404

 92 STAT. 1684 Effective date, 19 USC 1202 °°*®'

PUBLIC LAW 95-500—OCT. 21, 1978 (b) The amendment made by subsection (a) shall apply w i t h respect to articles entered, or withdrawn from warehouse, for consumption on or after the date of enactment of this Act. Approved October 21, 1978.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-1356 (Comm. on Ways and Means). SENATE REPORT No. 95-1241 (Comm. on Finance). CONGRESSIONAL RECORD, Vol. 124 (1978): Sept. 18, considered and passed House. Sept. 30, considered and passed Senate, amended. Oct. 10, House concurred in Senate amendments.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/405

 PUBLIC LAW 95-501—OCT. 21, 1978

92 STAT. 1685

Public Law 95-501 95th Congress An Act To strengthen the economy of the United States through increased sales abroad of United States agricultural commodities.

Oct. 21, 1978 [S. 3447]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may Agricultural be cited as the "Agricultural Trade Act of 1978". " Trade Act of 1978.

TITLE I—INTERMEDIATE CREDIT

7 USC 1761 note.

SEC. 101. Section 4 of the Food for Peace Act of 1966 is amended to 7 USC 1707a. read as follows: "SEC. 4. (a) Commercial export sales of agricultural commodities Export sales, out of private stocks on credit terms of not to exceed three years may be financed by the Commodity Credit Corporation under its export credit sales program. "(b)(1) Export sales of agricultural commodities out of Commodity Credit Corporation and private stocks on credit terms in excess of three years, but not more than ten years, may be financed by the Commodity Credit Corporation. "(2) No export sale may be financed under this subsection unless the Secretary of Agriculture determines that the sale will— "(A) develop, expand, or maintain the importing nation as a 1 foreign market, on a long-term basis, for the commercial sale and export of United States agricultural commodities without displacing normal commercial sales; or > "(B) otherwise improve the capability of the importing nation to purchase and use, on a long-term basis. United States agricultural commodities. "(3) Consistent with the provisions of paragraph (2) of this subsection, intermediate credit financing under this subsection may be made available for the following uses: "(A) to establish reserve stocks consistent with international commodity agreements or other stock building plans acceptable to the United States; "(B) the export sale of breeding animals (including, but not limited to, cattle, swine, sheep, and poultry), including the cost of •',' '*• freight from the United States to designated points of entry in ' '" ' ' other nations; "(C) where determined feasible, for the establishment of facilities in the importing nation to improve handling, marketing, processing, storage, or distribution of imported agricultural commodities (through the use of local currency generated from the import and sale of United States agricultural commodities to finance all or part of such facilities); and "(D) to meet credit competition for agricultural export sales. jr "(4) Intermediate credit financing under this subsection may not be used to encourage credit competition, or for the purpose of foreign aid or debt rescheduling.

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 92 STAT. 1686

PUBLIC LAW 95-501—OCT. 21, 1978

Terms of credit.

"^5) The terms of credit for export sales financed under this subsection shall include the following terms: " (A) Repayment shall be in dollars with interest at a rate equal, as nearly as practicable, to the rate charged by the Commodity i. Credit Corporation for financing under the Corporation's shortterm export credit sales program. "(B) The Secretary may, if the Secretary deems such action appropriate to protect the interests of the United States, require ,,;,. an initial payment from the purchaser at the time of sale or ship•.ji ment of the agricultural commodity. "(6) The Secretary shall, wherever feasible, obtain commitments K ". '< from purchasers that will prevent resale or transshipment to other nations of agricultural commodities purchased with financing provided under this subsection. Review. "(7)(A) Agreements to finance export sales of agricultural commodities entered into under this subsection, except agreements to finance export sales for the establishment of reserve stocks, shall be subject to such other terms and conditions as the Secretary may deem necessary or appropriate and shall be subject only to review by the National Advisory Council on International Monetary and Financial Policies. "(B) Agreements to finance export sales of agricultural commodities under this subsection for the establishment of reserve stocks shall be subject to such other terms and conditions as the Secretary may deem necessary and appropriate. No such agreement may become effective Presidential or be carried out until the expiration of thirty days following the determination. Transmittal to date on which a detailed summary of such proposed agreement, congressional together with a determination by the President that such financing is committees. not adverse to the interests of United States producers of agricultural commodities, is transmitted by the Secretary to the Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committee on Agriculture of the House of Representatives, if transmitted while Congress is in session, or sixty days following the date of transmittal if transmitted while Congress is not in session. "(8) The provisions of the cargo preference laws shall not apply to export sales financed under this subsection. "(9) The authority provided under this subsection shall be in addition to, and not in place of, any authority granted to the Secretary or the Commodity Credit Corporation under any other provision of law. "Agricultural "(c) The term 'agricultural commodity' as used in this section commodity." includes any agricultural commodity or product thereof.". TITLE II—COMMODITY CREDIT CORPORATION FINANCING OF D E F E R R E D PAYMENT SALES; CREDIT SALES TO THE P E O P L E ' S REPUBLIC OF CHINA COMMODITY CREDIT CORPORATION FINANCING OF DEFERRED PAYMENT SALES

7 USC 1707b.

SEC 201. (a) To develop new market opportunities for the sale of United States agricultural commodities and to maintain and expand existing foreign markets for such commodities, the Secretary of Agriculture may provide Commodity Credit Corporation financing to exporters of such commodities who wish to provide deferred payment terms to buyers in other nations in order to meet sales competition from other nations or to make additional export sales. Except as otherwise provided in section 202 of this title, financing under this section shall be available only with respect to sales to those nations that are

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 PUBLIC LAW 95-501—OCT. 21, 1978 eligible for financing under the short-term export credit sales program conducted by the Commodity Credit Corporation.. (b) Exporters who are willing to sell United States agricultural commodities to foreign buyers on deferred payment terms of not to exceed three years and who must provide such deferred payment terms in order to meet sales competition from other nations, or to make additional export sales, may apply to the Commodity Credit Corporation for financing such sales. Financing under this section shall not be provided by the Corporation until the applicant's export sales plan has been approved by the Corporation and the applicant has established to the satisfaction of the Corporation that exports have been made in accordance with the approved plan. (c) Repayment to the Commodity Credit Corporation shall be made in dollars by the exporter in accordance with the terms and at interest rates contained in the approved export sales plan. Interest rates on such financing shall be no higher than those charged for financing under the short-term export credit sales program conducted by the Corporation. (d) The Secretary may, if the Secretary deems such action appropriate to protect the interests of the United States, require a performance guarantee from the exporter at the time of the sale. (e) Financing agreements with exporters entered into under this section shall be subject to such other terms and conditions as the Secretary may deem necessary or appropriate and shall be subject only to review by the National Advisory Council on International Monetary and Financial Policies. (f) The authority provided under this section shall be in addition to, and not in place of, any authority granted to the Secretary or the Commodity Credit Corporation under any other provision of law*

92 STAT. 1687

"

•.

•: 4

Repayment in dollars, = i Perfonnance guarantee, Review.

CREDIT SALES TO THE P E O P L E ' S REPUBLIC OF CHnSTA

SEC. 202. Notwithstanding any other provision of law, in order to 7 USC 1707c. expand and develop markets for United States agricultural commodities, the Commodity Credit Corporation may provide financing for commercial sales of agricultural commodities out of private stocks on terms of not to exceed three years to the People's Republic of China under (1) the short-term export credit sales program conducted by the Corporation, and (2) the deferred payment sales program for exporters established under section 201 of this title. DEFINITION

SEC. 203. The term "agricultural commodity" as used in this title 7 USC 1707d. includes any agricultural commodity or product thereof. TITLE III—AGRICULTURAL COUNSELORS SEC. 301. Title VI of the Act of August 28, 1954 (68 Stat. 908-910, as amended; 7 U.S.C. 1761-1768), is amended by— (1) amending the title designation to read as follows: "TITLE VI—FOREIGN MARKET DEVELOPMENT"; (2) inserting immediately before section 601 the subtitle designation as follows:

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 92 STAT. 1688

PUBLIC LAW 95-501—OCT. 21, 1978 "Subtitle A—General Provisions; Agricultural Counselors and * Agricultural Attaches";

7 USC 1761.

7 USC 1762, 1764, 1765. 7 USC 1762.

Agricultural eounselor.

Ante, p. 1685. 7 USC 1764. Availability of Federal agency services, personnel, and facilities.

(3) in section 601, striking out "agricultural products" wherever that phrase appears therein and inserting in lieu thereof "agricultural commodities", and striking out "said products" and inserting in lieu thereof "such commodities"; (4) in sections 602(a), 602(e), 604, and 605, striking out "this title" wherever that phrase appears therein and inserting in lieu thereof "this subtitle"; (5) amending section 602(b) to read as follows: "(b) Officers or employees assigned or appointed to posts abroad under this subtitle shall have the designation of Agricultural Counselor, Agricultural Attache, or such other titles or designations that shall be agreed to by the Secretary of State and the Secretary of Agriculture, and shall be accorded the same rank and privileges as those of other counselors or attaches in United States embassies. An Agricultural Counselor shall be appointed in any nation— " (1) to which a substantial number of governments with which the United States competes directly for agricultural markets in such nation assign agricultural representatives with the diplomatic status of counselor or its equivalent; or "(2) in which— "(A) the potential is great for long-term expansion of a market for United States agricultural commodities, and "(B) competition with other nations for existing and potential agricultural markets is extremely intense. Not less than ten Agricultural Counselors shall be appointed within three years after the date of enactment of the Agricultural Trade Act of 19'r8.";and (6) adding at the end of section 604 a new subsection (c) as follows: " (c) Upon the request of the Secretary of Agriculture, each Federal agency may make its services, personnel, and facilities available to officers and employees appointed and assigned to a post abroad under this subtitle in the performance of the functions of such officers and employees. The Secretary of Agriculture may reimburse or advance funds to any such agency for services, personnel, and facilities so made available.". TITLE IV—ESTABLISHMENT OF UNITED STATES AGRICULTURAL TRADE OFFICE S SEC. 401. Title VI of the Act of August 28, 1954, as amended by title III of this Act, is further amended by— (1) adding immediately after section 605 a new subtitle B as follows: '

Agricultural Trade Offices, establishment. 7 USC 1765a.

"Subtitle B—United States Agricultural Trade Offices

"SEC. 605A. (a) For the purpose of developing, maintaining, and expanding international markets for United States agricultural commodities, the Secretary of Agriculture, after consultation with the Secretary of State, shall establish not less than six nor more than twenty-five United States Agricultural Trade Offices in other nations. " (b) each United States Agricultural Trade Office shall be directed and administered by an Agricultural Trade Officer who by reason of training, experience, and attainments is qualified to carry out the pur-

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 PUBLIC LAW 95-501—OCT. 21, 1978 poses of this subtitle. Such Officer shall be appointed by the Secretary of Agriculture. "(c) Each Agricultural Trade Officer may be appointed without regard to the provisions of title 5 of the United States Code governing appointments in the competitive service, and may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5 relating to classification and General Schedule pay rates, except that no Agricultural Trade Officer (1) may be paid basic pay at a rate in excess of the maximum annual rate of basic pay payable for GS-17 of the General Schedule under section 5332 of such title, or (2) may be paid at a rate in excess of the highest rate paid to an Agricultural Counselor or Attache, as the case may be, who is appointed under subtitle A of this title to the nation in which such Officer is to serve. "(d) Each Agricultural Trade Officer shall, through the Agricultural Counselor or Attache or other senior representative of the Secretary of Agriculture in each nation in which the United States Agricultural Trade Office administered by such Officer exercises its functions, keep the Chief of the United States diplomatic mission fully and currently informed with respect to all activities and operations of such Office. "(e) Each Agricultural Trade Officer shall be responsible for the exercise of the functions of the United States Agricultural Trade Office, and shall have the authority to direct and supervise all personnel and activities thereof. "(f) To carry out the functions of United States Agricultural Trade Offices, the Secretary of Agriculture may appoint such other personnel as the Secretary determines to be necessary and may, with the concurrence of the Secretary of State, assign such personnel abroad and employ local nationals for necessary professional and clerical help. "(g) No employee of any United States Agricultural Trade Office may engage in any business, vocation, or other employment, or have other interests, that are inconsistent with official responsibilities. "(h) Upon the request of the Secretary of Agriculture, the Secretary of State shall request for Agricultural Trade Officers and personnel of United States Agricultural Trade Offices diplomatic privileges and immunities equivalent to those enjoyed by Foreign Service personnel of comparable rank and salary. "SEC. 605B. The functions of each United States Agricultural Trade Office shall be to— "(1) increase the effectiveness of agricultural export promotion efforts through consolidation of activities, providing services and facilities for foreign buyers and United States trade representatives, and coordination of market development activities sponsored by the Department of Agriculture; "(2) establish goals by nation or region and agricultural commodity for developing, expanding, and maintaining markets for United States agricultural commodities; "(3) initiate programs to achieve the export marketing goals approved by the Department of Agriculture; "(4) maintain facilities for use by nonresident cooperators, private trade groups, and other individuals engaged in the import and export of United States agricultural commodities where the use of such facilities would aid in the conduct of market development activities, and cooperate, to the maximum extent practicable, with such cooperators, groups, and individuals to expand the level ,J of United States agricultural exports;

92 STAT. 1689 Appointment,

5 USC 5101 et seq. 5332 note,

•

Ante, p. 1688. Transmittal of information.

Diplomatic privileges and immunities.

Functions.

7 USC 1765b.

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 92 STAT. 1690

PUBLIC LAW 95-501—OCT. 21, 1978

"(5) develop and maintain a current listing of trade, government, and other appropriate organizations for each agricultural commodity area and make such listing available to persons with a bona fide interest in exporting or importing United States agricultural commodities; "(6) originate and provide assistance for exhibits, sales teams, and other functions for the promotion of United States agricultural commodities; "(7) provide practical assistance for the use of the programs under the Agricultural Trade Development and Assistance Act 7 USC 1691 note. of 1954, the export credit sales program, the export incentives program, and related programs of the United States Government where use of such programs will serve as a market development tool for United States agriculture; "(8) supervise project agreements with United States cooperators, coordinate the activities of the United States Agricultural Trade Office with those of the cooperators, and submit annual recommendations to the Secretary of Agriculture on the efficacy of cooperator programs; "(9) publicize the services offered by the United States AgriPublication. cultural Trade Office through advertisements in trade journals or by other appropriate means; and "(10) perform such other functions as the Secretary of A ^ culture, in consultation with the Secretary of State, determines to be necessary and proper for achieving the purposes of this subtitle. "SEC. 605C. Each United States Agricultural Trade Office shall Consultation. 7 USC 1765c. carry out its functions under section 605B in the nation where the United States Agricultural Trade Office is located and in such other nations as the Secretary of Agriculture, in consultation with the Secretary of State, may prescribe in order to carry out the purposes of this subtitle. "SEC. 605D. Upon the request of the Secretary of Agriculture, the 7 USC 1765d. Secretary of State may use the authorities contained in the Foreign Service Buildings Act, 1926, to acquire sites and buildings, including 22 USC 292. living quarters, for the purpose of establishing United States Agricultural Trade Offices. "SEC. 605E. United States Agricultural Trade Offices shall be cen7 USC 1765e. trally located in the cities of assignment to facilitate foreign trade meetings and foreign trade reliance on such offices for assistance in marketing activities. "SEC. 605F. Upon the request of the Secretary of Agriculture, each 7 USC 1765f. Federal agency may make its services, personnel, and facilities available to a United States Agricultural Trade Office in the performance of its functions. The Secretary of Agriculture may reimburse or advance funds to any such agency for services, personnel, and facilities so made available. "SEC. 605G. The provisions of section 604(a) of this title shall applv 7 USC 1765g. 7 USC 1764. with respect to personnel appointed and assigned under this subtitle."; 7 USC 1766. (2) redesignating section 606 as section 606A and inserting Supra. immediately after new section 605G, as added by this section, the subtitle designation and new section 606 as follows: "Subtitle C—Representation Allowances, Regulations, General Provisions, and Authorization for Appropriations 7 USC 1765h.

"SEC. 606. Any Agricultural Trade Officer and the senior representative of the Secretary of Agriculture assigned to a nation under subtitle A of this title may, under regulations prescribed by the Secretary

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 PUBLIC LAW 95-501—OCT. 21, 1978 of Agriculture, be entitled to receive a representation allowance in an amount determined by considering (1) the extent to which such Agricultural Trade Officer or senior representative can effectively use such funds to further the purposes of this title, (2) travel and entertainment expenses customary in the private trade for persons of comparable rank and salary, and (3) customs and practices in the nation where such Agricultural Trade Officer or senior representative is assigned."; (3) redesignatingsections 602(d), 602(f), and 603 as sections 606B, 606C, and 606D, respectively, and inserting the redesignated sections immediately after section 606A, as redesignated by paragraph (2) of this section; (4) in section 606C, as redesignated by paragraph (3) of this section, striking out "subsection" wherever that word appears therein and inserting in lieu thereof "section"; (5) redesignating section 602(e) as 602(d); and (6) adding at the end thereof a new section 609 as follows: "SEC. 609. The term 'agricultural commodity' as used in this title includes any agricultural commodity or product thereof.".

92 STAT. 1691

7 USC 1762, 1763, 1766a, 1766b, 1766c. Supra. 7 USC 1762. "Agricultural commodity." 7 USC 1769.

TITLE V—REORGANIZATION SEC. 501. (a) There is hereby established in the Department of 7 USC 2211a. Agriculture the position of Under Secretary of Agriculture for International Affairs and Commodity Programs to be appointed by the President, by and with the advice and consent of the Senate. The Under Secretary of Agriculture for International Affairs and Commodity Programs is authorized to exercise such functions and perform such duties related to foreign agriculture and agricultural stabilization and conservation, and shall perform such other duties, as may be required by law or prescribed by the Secretary of Agriculture. (b) Section 5314 of title 5 of th^ United States Code is amended by adding at the end thereof a new paragraph (69) as follows: " (69) Under Secretary of Agriculture for International Affairs and Commodity Programs.". (c) The designation of "Assistant Secretary of Agriculture for In- 7 USC 2211a ternational Affairs and Commodity Programs" shall not be used after note. the date of enactment of this Act. TITLE VI—GENERAL PROVISIONS AND REPORTS IMPLEMENTATION OF THIS ACT; REGULATIONS

SEC. 601. (a) The Secretary of Agriculture shall implement the pro- 7 USC 1761 note, visions of this Act as expeditiously as possible consistent with the efficient and effective administration of the programs established under this Act and their integration with related foreign agricultural programs. -(b) The Secretary may issue such regulations as may be necessary to carry out the provisions of this Act. A N N U A L REPORT ON EXPORT PROMOTION

SEC. 602. The Secretary of Agriculture shall submit to Congress Submittal to each year a report providing a comprehensive statement of the activi- Congress. ties and accomplishments of the Department of Agriculture, includ- 7 USC 1765b-l. ing specifically those of the United States Agricultural Trade Offices, in developing, maintaining, and expanding foreign markets for United States agricultural commodities.

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 PUBLIC LAW 95-501—OCT. 21, 1978

92 STAT. 1692 ••i

7 USC 612C-3 note. 7 USC 612c-3. Legislative recommedations to congressional committees.

INTERAGENCY TASK FORCE ON EXPORT SAUES REPORTINO

'

SEC. 603. The Secretary of Agriculture shall appoint an interagency task force within the Department of Agriculture for the purpose of analyzing the effectiveness of the export sales reporting provisions of section 812 of the Agricultural Act of 1970. The Secretary shall submit, not later than January 3, 1979, a report of the finding of the task force, including legislative recommendations for improving such reporting provisions, to the Committee on Agriculture, Nutrition, and Forestry oi the Senate and the Committee on Agriculture of the House of Representatives. REPORT ON TITLE IV OF THE TRADE ACT OF 1974

Submittal to Congress. 19 USC 2431 note. 19 USC 2431.

SEC. 604. Within six months after the date of enactment of this Act, the Secretary of Agriculture shall submit to Congress a report detailing the effect on United States agriculture of title IV of the Trade Act of 1974, including a recommendation as to whether the provisions of such title should be repealed or amended. Approved October 21, 1978.

LEGISLATIVE HISTORY: HOUSE REPORTS: No. 95-1338, Pt. I (Comm. on Agriculture) and No. 95-1338, Pt. II (Comm. on International Relations) both parts accompanying H.R. 10584; and No. 95-1755 (Comm. of eonference). SENATE REPORTS: No. 95-1142 (Comm. on Agriculture, Nutrition, and Forestry) and No. 95-1315 (Comm. of eonference). CONGRESSIONAL RECORD, Vol. 124 (1978): Sept. 8, considered and passed Senate. Sept. 25, H.R. 10584 considered and passed House; passage vacated and S. 3447, amended, passed in lieu. Oct. 11, Senate agreed to conference report. Oct. 15, House agreed to conference report. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, VOL. 14, No. 43: Oct. 21, Presidential statement.

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 PUBLIC LAW 95-502—OCT. 21, 1978

92 STAT. 1693

Public Law 95-502 95th Congress An Act To amend the Internal Revenue Code of 1954 to provide that income from the conducting of certain bingo games by certain tax-exempt organizations will not be subject to tax, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, TITLE I—REPLACEMENT O F LOCKS AND DAM 26; U P P E R M I S S I S S I P P I RIVER SYSTEM COMPREHENSIVE MASTER MANAGEMENT PLAN SEC. 101. (a) The Upper Mississippi River Basin Commission (referred to in this section as the "Commission") shall prepare a comprehensive master plan for the management of the Upper Mississippi River System in cooperation with the appropriate Federal, State, and local officials. The Commission shall publish a preliminary plan not later than January 1, 1981. The Commission shall hold public hearings on the preliminary plan in each State which would be affected by the plan, shall review all comments presented at such hearings or submitted in writing to the Commission, and, after making any revisions in the plan it decides are necessary, submit to Congress a final master plan not later than January 1, 1982. All decisions of the Commission related to the master plan shall be made by a two-thirds majority vote of the Commission. (b) The Commission shall provide for public participation in the development, revision, and implementation of said plan and shall encourage and assist such participation. The Commission shall, within 150 days after the date of enactment of this Act, publish guidelines in the Federal Register for public participation m the development, revision, and implementation of the plan. The final master plan shall not be implemented without the express approval of the plan by an Act of Congress enacted after the date of enactment of this Act. After such approval, no change may be made in the master plan except as may be provided by an Act of Congress enacted after the date of enactment of the Act approving the master plan. No person shall engage in any activity which violates any provision of the plan or which is inconsistent (as determined under regulations promulgated by the Commission) with the plan. (c) The Commission, in developing the plan, shall identify the various economic, recreational, and environmental objectives of the Upper Mississippi River System, recommend guidelines to achieve such objectives, and propose methods to assure compliance with such guidelines and coordination of future management decisions affecting the Upper Mississippi River System, and include with the proposed master plan any legislative proposals which may be necessary to carry out such recommendations and achieve such objectives. (d) For the purposes of developing the plan, the Commission shall conduct such studies as it deems necessary to carry out its responsibilities under this section, utilizing, to the fullest extent possible,

Oct. 21, 1978 [H.R. 8533]

Internal Revenue Code of 1954, amendment.

42 USC 1962b-3 note.

Preliminary plan. Final plan, submittal to Congress.

Publication in Federal Register.

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