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PUBLIC LAW 94-461—OCT. 8, 1976

until expended. The amounts obligated to be expended for the purposes set forth in subsection (a) shall not, in any fiscal year, exceed an amount equal to 10 percent of the sums appropriated for such year pursuant to section 212.

"SEC. 207. SEA GRANT COLLEGES AND SEA GRANT REGIONAL CONSORTIA. 33 USC 1126.

33 USC 1124, 1123.

33 USC 1121 note. Ante, p. 1961.

Hearing.

33 USC 1127.

" (a) DESIGNATION.— (1) The Secretary may designate—

" (A) any institution of higher education as a sea g r a n t college; and " (B) any association or other alliance of two o r more persons (other than individuals) as a sea g r a n t regional consortium. " (2) 'No institution of higher education may be designated as a sea g r a n t college unless the Secretary finds that such institution— " (A) is maintaining a balanced program of research, education, training, and advisory services in fields related to ocean and coastal resources and has received financial assistance under section 205 of this title or under section 204(c) of the National Sea G r a n t College and Program Act of 1966; "(I^) "^i^l ^^^ i^ accordance with such guidelines as are prescribed under subsection (b)(2); and " (C) meets such other qualifications as the Secretary deems necessary or appropriate. The designation of any institution as a sea g r a n t college under the authority of such Act of 1966 shall, if such designation is in effect on the day before the date of the enactment of the Sea G r a n t Program Improvement Act of 1976, be considered to be a designation made under paragraph (1) so long as such institution complies with subparagraphs (B) and (C). " (3) No association or other alliance of two or more persons may be designated as a sea g r a n t regional consortium unless the Secretary finds that such association or alliance— " (A) is established for the purpose of sharing expertise, research, educational facilities, or t r a i n i n g facilities, and other capabilities in order to facilitate research, education, training, and advisory services, in any field related to ocean and coastal resources; " (B) will encourage and follow a regional approach to solving problems or meeting needs relating to ocean and coastal resources, in cooperation with appropriate sea g r a n t colleges, sea g r a n t programs, and other persons in the region; " (C) will act in accordance with such guidelines as are prescribed under subsection (b)(2); and " (D) meets such other qualifications as the Secretary deems necessary or appropriate. " (b) REGULATIONS.—The Secretary shall by regulation prescribe— " (1) the qualifications required to be met under paragraph s (2)(C) and (3)(D) of subsection (a); and " (2) guidelines relating to the activities and responsibilities of sea g r a n t colleges and sea g r a n t regional consortia. " (c) SUSPENSION OR TERMINATION OF DESIGNATION.—The Secretary may, for cause and after an opportunity for hearing, suspend o r terminate any designation under subsection (a). "SEC. 208. SEA GRANT FELLOWSHIPS. " (a) IN GENERAL.—The Secretary shall support a sea g r a n t fellowship program to provide educational and tra,ining assistance to qualified individuals a t the undergraduate and graduate levels of education

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in fields related to ocean and coastal resources. Such fellowships shall Guidelines, be awarded pursuant to guidelines established by the Secretary. Sea grant fellowships may only be awarded by sea g r a n t colleges, sea g r a n t regional consortia, institutions of higher education, and professional associations and institutes. "(b)

LIMITATION o x TOTAL F E L L O W S H I P GRANTS.—The total amount

which may be provided for grants under the sea g r a n t fellowship program during any fiscal year shall not exceed an amount equal to 5 percent of the total funds appropriated for such year pursuant to section 212. "SEC. 209. SEA GRANT REVIEW PANEL. " (a) ESTABLISHMENT.—There shall be established an independent 33 USC 1128. committee to be known as the soa grant review panel. The panel shall, on the 60th day after the date of the enactment of the Sea Grant Program Improvement Act of 1976, supersede the sea g r a n t advisory Ante, p. 1961. panel in existence before such date of enactment. " (b) DUTIES.—The panel shall take such steps as may be necessary to review, and shall advise the Secretary, the Administrator, and the Director with respect to— " (1) applications o r proposals for, and performance under, grants and contracts awarded under sections 205 and 206; " (2) the sea grant fellowship program; " (3) the designation and operation of sea g r a n t colleges and sea g r a n t regional consortia, and the operation of sea g r a n t programs; " (4) the formulation and application of the planning guidelines and priorities under section 204(a) and (c)(1); and " (5) such other matters as the Secretary refers to the panel for review and advice. The Secretary shall make available to the panel such information, personnel, and administrative services and assistance as it may reasonably require to carry out its duties. "(c)

MEMBERSHIP, T E R M S, AND POWERS.— (1) The panel shall con-

sist of 15 voting members who shall be appointed by the Secretary. The Director shall serve as a nonvoting member of the panel. Not less than five of the voting members of the panel shall be individuals who, by reason of knowledge, experience, or training, are especially qualified in one or more of the disciplines and fields included in marine science. The other voting members shall be individuals who, by reason of knowledge, experience, or training, are especially qualified in, or representative of, education, extension services. State government, industry, economics, planning, or any other activity which is appropriate to, and important for, any effort to enhance the understanding, assessment, development, utilization, o r conservation of ocean and coastal resources. Xo individual is eligible to be a voting member of the panel if the individual is (A) the director of a sea g r a n t college, sea g r a n t regional consortium, or sea g r a n t program; (B) an applicant for, or beneficiary (as determined by the Secretary) of, any g r a n t or contract under section 205 or 206; or (C) a full-time officer or employee of the United States. " (2) The term of office of a voting member of the panel shall be 3 years, except that of the original appointees, five shall be appointed for a term of 1 year, five shall be appointed for a term of 2 years, and five shall be appointed for a term of 3 years. " (3) Any individual appointed to fill a vacancy occurring before the expiration of the term for which his or her predecessor was appointed shall be appointed only for the remainder of such term.

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Chairman, Vice Chairman.

Compensation. 5 USC 5332 note.

PUBLIC LAW 94-461—OCT. 8, 1976 Xo individual may be appointed as a voting member after serving one full term as such a member. A voting member may serve after the date of the expiration of the term of office for which appointed until his or her successor has taken office, or until 90 days after such date, whichever is earlier, " (4) The panel shall select one voting member to serve as the Chairman and another voting member to serve as the Vice Chairman. The Vice Chairman shall act as Chairman in the absence or incapacity of the Chairman. " (5) Voting members of the panel shall— " (A) receive compensation at the daily rate for GS-18 of the General Schedule under section 5332 of title 5, United States Code, when actually engaged in the performance of duties for such panel; and " (B) be reimbursed for actual and reasonable expenses incurred in the-performance of such duties. " (6) The panel shall meet on a biannual basis and, at any other time, at the call of the Chairman or upon the request of a majority of the voting members or of the Director, " (7) The panel may exercise such powers as are reasonably necessary in order to carry out its duties under subsection (b),

"SEC. 210. INTERAGENCY COOPERATION. 33 USC 1129.

Submittal to Congress and President. 33 USC 1130.

33 USC 1131.

" E a c h department, agency, or other instrumentality of the Federal Government which is engaged in or concerned with, or which has authority over, matters relating to ocean and coastal resources— " (1) may, upon a written request from the Secretary, make available, on a reimbursable basis or otherwise any personnel (with their consent and without prejudice to their position and r a t i n g), service, or facility which the Secretary deems necessary to carry out any provision of this title; " (2) shall, upon a written request from the Secretary, furnish any available data or other information which the Secretary deems necessary to carry out any provision of this title; and " (3) shall cooperate with the Administration and duly authorized officials thereof. "SEC, 211. ANNUAL REPORT AND EVALUATION. " (a) AxxuAL REPORT.—The Secretary shall submit to the Congress and the President, not later than February 15 of each year, a report on the activities of, and the outlook for, the national sea g r a n t program. " (b) EvALUATiox.—The Director of the Office of Management and Budget and the Director of the Office of Science and Technology Policy, in the Executive Office of the President, shall have the opportunity to review each report prepared pursuant to subsection (a). Such Directors may submit, for inclusion in such report, comments and recommendations and an independent evaluation of the national sea g r a n t program. Such material shall be transmitted to the Secretary not later than February 1 of each year, and the Secretary shall cause it to be published as a separate section in the annual report submitted pursuant to subsection (a). "SEC. 212. AUTHORIZATION FOR APPROPRIATIONS. "There is authorized to be appropriated for purposes of carrying out the provisions of this title (other than section 206) not to exceed

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Mitchell v. Clark/Dissent Field

FIELD, J., dissenting.

I cannot agree with my associates in the judgment in this case. I know of no law that was ever enacted in the United States, which would justify a military officer in enforcing the payment to him of a debt due from one loyal citizen to another loyal citizen, neither being in the military service, or residing in a state declared to be in insurrection, or in which the courts of law were not open and in the peaceful exercise of their jurisdiction. Such a law, in my opinion,-I say it with respect,-would dishonor the statute books of the United States; and that which has never been enacted by legislative power can never be rightly adjudged to exist by a judicial tribunal. The averment of the answer that the payment was enforced as a means of carrying on military operations by the United States we know to be untrue. At that time the government appropriated the requisite funds to prosecute the war, and our legislation and history show that no plundering of loyal citizens in loyal states, nor any forced contribution from them, was ever ordered or sanctioned by public authority. The enforced payment in question could, therefore, be no defense to the claim of the plaintiff; and it is difficult to understand how the act of congress of March 3, 1863, or the amendatory act of May 11, 1866, fixing a limitation to actions against military officers for certain acts done by them during the war, or against parties acting under their direction, can be invoked in this case. 12 St. 755; 14 St. 216. The fourth section of the act of March 3, 1863, makes the order or authority of the president a defense only to actions 'for any search, seizure, arrest, or imprisonment made, done, or committed, or acts omitted to be done, under and by virtue of such order, or under color of any law of congress.' It has reference to acts affecting the person or such property as is subject to physical seizure. It does not apply to actions for breaches of contract between citizens in loyal states, or to any questions arising out of such contracts. Debts, being intangible things, were incapable of seizure in any proper sense of that term; and the debtors were not discharged from liability because of an unlawful exaction from them of equivalent sums. What was thus exacted could under no circumstances be regarded as anything more than a forced loan. By no possible alchemy could it be converted into the payment of their debt to another. Its effect upon others was not a matter which concerned the military officer. His object, according to the defendant's theory, was to raise funds for military operations; if so, the relations of debtor to creditor were not affected by his exaction from one of them. Williams v. Bruffy, 96 U.S. 187. The debt of the defendants to the plaintiff was not thereby discharged; it is still owing. It can only be discharged when paid to him or to others by his direction.

Independently of this consideration, the statute cannot be construed to give protection to any one in the commission of unlawful acts. Neither the president nor congress can confer immunity for acts committed in violation of the rights of citizens. An army in the enemy's country may do all things allowed by the rules of civilized warfare, and its officers and soldiers will be responsible only to their own government. But in loyal states, or in such parts as are not in insurrection, or declared to be so, and in which the courts are open, the rights of citizens are just as much under constitutional security and protection in time of war as in time of peace. Because civil war was raging in one part of the country the constitutional guaranties of the rights of person and property were not suspended where no such war existed. We sometimes hear the opposite doctrine advanced; but it has no warrant in the principles of the common law or in the language of the constitution. As I observed on a former occasion, our system of civil polity is not such a rickety and ill-jointed structure that when one part is disturbed the whole is thrown into confusion and jostled to its foundation. The existence of insurrection and war in other states than Missouri, or in parts of that state distant from St. Louis, did not suspend the constitution or any of its guaranties in that city. No proclamation of the president had ever declared Missouri to be in a state of insurrection, and it is a matter within our judicial knowledge that St. Louis, so far from being the theater of actual warfare, was a city where supplies were collected for military operations in other quarters, and where the courts were in the undisturbed exercise of their jurisdiction. It is true that where rebellion exists, and the public safety requires it, the privilege of the writ of habeas corpus may be suspended, and to that extent one of the safeguards of the right of personal liberty may be withdrawn, but this suspension in no respect affects the claims of private citizens against each other arising out of contracts between them or the means of their enforcement. The constitution does not forbid, during such suspension or by reason of it, the institution of suits for such claims, or authorize congress to forbid it. Congress may provide for indemnifying those who, in great emergencies, acting under pressing necessities for the public, in vade private rights in support of the authority of the government; but between acts of indemnity in such cases and the attempt to deprive the citizen of his right to compensation for wrongs committed against him or his property, or to enforce contract obligations, there is a wide difference, which cannot be disregarded without a plain violation of the constitution.

As the fourth section of the act of 1863 refers only to seizures, arrests, and imprisonments committed, or acts omitted by order or authority of the president, or under color of an act of congress, it has no bearing upon actions for breaches of contract between citizens. The seventh section, fixing a limitation to actions for such arrests, imprisonment, and other trespasses, does not, therefore, apply to the case before us. And the amendatory act of 1866 only extends the benefit of the limitation to actions for similar acts or omissions when committed by a person acting under the order of the president or the secretary of war, or of a military commander. It does not, any more than the act of 1863, govern actions for breaches of contract between private parties. Could it be construed to embrace a case like the present it would clearly be unconstitutional. The right of a lessor to sue his lessees for breach of contract is in no way dependent upon any act or authority of congress. It is a matter purely of state concern, and congress can no more declare within what time he shall sue for his rent than it can prescribe the court in which the action shall be brought, or the form of the proceedings by which it shall be conducted. Its power to fix a limitation to actions can apply only to such as are in the first instance brought in the courts of the United States, and to those wherein the right or interest claimed depends upon a law of congress. If such a law gives the right or interest claimed, it may prescribe the time in which it shall be asserted, but not otherwise. It would hardly be pretended that congress can enlarge the time prescribed by the state for bringing in her courts actions upon contracts; and if it cannot enlarge, how can it limit the time? Indeed, it cannot be held that, congress may interpose a limitation to the right of enforcing in the courts of a state debts existing between her citizens, unless it be also held that, as to all actions in state tribunals, it can say when they may and when they may not be brought. It will be long, I trust, before the states will become thus helpless to enforce in their own tribunals contracts between their own citizens.

The argument of the court, in its opinion, is substantially this: An action in which a defense under an act of congress is set up may be removed from a state court to a federal court; therefore congress may prescribe the law of limitation for it in the latter court; and if in that court, it may in all courts, as otherwise there would be two rules of limitations of actions in different courts holding pleas of the same cause. It is easy to see that this mode of reasoning would necessarily lead to the conclusion that congress may prescribe the limitation to all actions in state courts between citizens, because actions commenced there may be removed to a federal court when they are between citizens of different states; and, on the assumption of the argument, congress may prescribe the law of limitation for such cases in the federal court; and if in that court, it may, says the opinion, in all courts, as otherwise there would be two rules of limitation of actions upon the same causes in different courts-one if the action remain in the state court, and another if it be removed to the federal court. The length to which the argument leads proves the error of the assumption on which it is founded. The true doctrine is the reverse of this; the limitation of actions in the state courts for the enforcement of rights which are not dependent upon acts of congress or upon the constitution, is a matter purely of state regulation, which the federal courts must follow when such actions are transferred to them. The object of the constitution in extending the judicial power of the United States to controversies between citizens of different states was to avoid, what was at the time of its adoption apprehended, the existence of state attachments and state prejudices, which might injuriously affect the administration of justice in the state courts against non residents. To carry out this purpose the judiciary act provides for the removal to a federal court of actions commenced in a state court involving such controversies. It has no other object; and the removal in no respect affects the rights of the parties, either the claims on the one hand or the defenses on the other. Only the tribunal and, in some respects, the modes of procedure are changed. The limitations prescribed by the state law govern in both tribunals.

title: Mitchell v. Clark/Dissent Field


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$50,000,000 for the fiscal year ending September 30, 1977. Such sunis as may be appropriated under this section shall remain available until expended.". SEC. 3. INTERNATIONAL COOPERATION ASSISTANCE. (a) I N GENERX\L.—The Secretary of Commerce (hereafter in this Contracts. section referred to as the "Secretary'') may enter into contracts and 33 USC 1124a. make prants under this section to— (1) enhance the research and development capability of developing foreign nations with respect to ocean and coastal resources, as such term is defined in section 203 of the National Sea G r a n t Program Act; and (2) promote the international exchange of information and data with respect to the assessment, development, utilization, and conservation of such resources. (b) ELIGIBILITY AND PROCEDURE.—Any sea g r a n t college and sea

g r a n t regional consortium (as defined in section 203 of the National Sea G r a n t Program Act) and any institution of higher education, laboratory, or institute (if such institution, laboratory, or institute is located within any State (as defined in such section 203)) may apply for and receive financial assistance under this section. E a c h g r a n t or Regulation, contract under this section shall be made pursuant to such requirements as the Secretary shall, after consultation wath the Secretary of State, by regulation prescribe. Application shall be made in such form, and with such content and other submissions, as may be so required. Before approving any application for a grant or contract under this Consultation, section, the Secretary shall consult with the Secretary of State. Any g r a n t made, or contract entered into, under this section shall be subject to the limitations and provisions set forth in section 205(d)(2) and (4) of the National Sea G r a n t Program Act and to such other terms, conditions, and requirements as the Secretary deems necessary or appropriate, (c) AUTHORIZATION FOR APPROPRIATIONS.—There is authorized to be

appropriated for purposes of carrying out this section not to exceed $3,000,000 for the fiscal year ending September 30, 1977. Such sums as may be appropriated under this section shall remain available until expended. SEC. 4. CONFORMING AND MISCELLANEOUS PROVISIONS. (a) Section 5314 of title 5, United States Code, is amended by adding a t the end thereof the following new paragraph: " ( 6 5) Administrator, National Oceanic and Atmospheric Administration.". (b) Section 5315 of title 5, United States Code, is amended by adding at the end thereof the following new paragraph s: "(109) Deputy Administrator, National Oceanic and Atmospheric Administration. "(110) Associate Administrator, National Oceanic and Atmospheric Administration.". (c)(1) Section 2(d) of Reorganization P l a n Numbered 4 of 1970 (84 Stat. 2090) is amended by striking out "T^vel V " and " ( 5 U.S.C. 5 USC app. 11; 5316)" and inserting in lieu thereof " I ^ v e l IV " and " (5 U.S.C. 5315)", 15 USC 1511 note. respectively.

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5 USC app. II.

PUBLIC LAW 94-461—OCT. 8, 1976 (2) The individual serving as the Associate Administrator of the National Oceanic and Atmospheric Administration (pursuant to section 2(d) of Reorganization Plan Numbered 4 of 1970) on the date of the enactment of this Act shall continue as the Associate Administrator, notwithstanding the provisions of paragraph (1). Approved October 8, 1976.

LEGISLATIVE HISTORY: HOUSE REPORTS: No. 94-1048 (Comm. on Merchant Marine and Fisheries) and No. 94-1556 (Comm. of Conference). SENATE REPORT No. 94-848 accompanying S. 3165 (Committees on Labor and Public Welfare and Commerce). CONGRESSIONAL RECORD, Vol. 122 (1976): May 3, considered and passed House. June 14, considered and passed Senate, amended, in lieu of S. 3165. Sept. 17, Senate agreed to conference report. Sept. 23, House agreed to conference report. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 12, No. 42: Oct. 10, Presidential statement. f

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PUBLIC LAW 94-462—OCT. 8, 1976

Public Law 94-462 94th Congress An Act To amend and extend the National Foundation on the Arts and Humanities Act of 1965, to provide for the improvement of museum services, to establish a challenge grant program, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Arts, Humanities, and Cultural Affairs Act of 1976". TITLE I—ARTS AND HUMANITIES

Oct. 8, 1976 [H.R. 12838]

Arts, Humanities, and Cultural Affairs Act of 1976. 20 USC 951 note.

SCOPE OF PROGRAMS CARRIED OUT BY CHAIRMAN OF XATIOXAL ENDOWMENT FOR THE ARTS

SEC. 101. Section 5(c) of the National Foundation on the Arts and the Humanities Act of 1965 is amended by striking out "in the United States". ALLOTMENTS FOR PROJECTS AND PRODUCTIONS RELATING TO THE

20 USC 954.

ARTS

SEC. 102. Section 5(g)(4)(A) of the National Foundation on the Arts and the Humanities Act of 1965 is amended by inserting immediately after "(4)(A) " the following new sentence: "The amount of each allotment to a State for any fiscal year under this subsection shall be available to each State, which has a plan approved by the Chairman in effect on the first day of such fiscal year, to pay not more than 50 per centum of the total cost of any project or production described in paragraph (1).". APPOINTMENT OF MEMBERS OF NATIONAL COUNCIL ON ARTS AND NATIONAL COUNCIL ON H U M A N I T I E S

SEC 103. (a) The first sentence of section 6(b) of the National Foundation on the Arts and the Humanities Act of 1965 is amended by 20 USC 955. inserting ", by and with the advice and consent of the Senate," immediately after "President". (b) The first sentence of section 8(b) of the National Foundation 20 USC 957. on the Arts and the Humanities Act of 1965 is amended by inserting ", by and with the advice and consent of the Senate," immediately after "President". STATE H U M A N I T I E S PROGRAM

S E C 104. (a) Section 7 of the National Foundation on the Arts and the Humanities Act of 1965 is amended by adding at the end thereof 20 USC 956. the following new subsection: "(f)(1) The Chairman, with the advice of the National Council on Grants-in-aid the Humanities, is authorized, in accordance with the provisions of this program, subsection, to establish and carry out a program of grants-in-aid in each of the several States in order to support not more than 50 per centum of the cost of existing activities which meet the standards enumerated in subsection (c) of this section, and in order to develop a program in the humanities in such a manner as will furnish adequate programs in the humanities in each of the several States.

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 90 STAT. 1972 Application and plan for financial assistance.

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PUBLIC LAW 94-462—OCT. 8, 1976

" (2) In order to receive Federal financial assistance under this subsection in any fiscal year, any appropriate entity desiring to receive such assistance shall submit an application for such grants at such time g g gj^all be specified by the Chairman. Each such application shall be ^ accompanied by a plan which the Chairman finds— "(A) provides assurances that the grant recipient will comply with the requirements of paragraph (3) of this subsection; "(B) provides that funds paid to the grant recipient will be expended solely on programs which carry out the objectives of subsection (c) of this section; "(C) establishes a membership policy \^^hich is designed to assure broad public representation with respect to programs administered by such grant recipient; "(D) provides a nomination process which assures opportunities for nomination to membership from various groups within the State involved and from a variety of segments of the population of such State, and including individuals who by reason of their achievement, scholarship, or creativity in the humanities, are especially qualified to serve; " (E) provides for a membership rotation process which assures the regular rotation of the membership and officers of such grant recipient and which complies with the provisions of paragraph (3)(C) of this subsection; " (F) establishes reporting procedures which are designed to inform the chief executive officer of the State involved, and other appropriate officers and agencies, of the activities of such grant recipient; "(G) establishes procedures to assure public access to information relating to such activities; and " (H) provides that such grant recipient shall make reports to the Chairman, in such form, at such times, and containing such information, as the Chairman may require. "(3)(A) Whenever a State desires that an appropriate officer or agency of such State appoint 50 per centum of the membership of the governing body of the grant recipient involved, such State shall— "(i) for the first fiscal year with respect to which such State desires to make such appointments, match, from State funds, 50 per centum of that portion of the Federal financial assistance received by such grant recipient under this subsection which exceeds $100,000; " (ii) for the second fiscal year with respect to which such State desires to make such appointments, match, from State funds, that portion of the Federal financial assistance received by such grant recipient under this subsection which exceeds $100,000; and "(iii) with respect to each fiscal year thereafter, match, from State funds, the total amount of Federal financial assistance received by such grant recipient under this subsection for the fiscal year involved. "(B) In any State in which the State does not desire to comply with the requirements of subparagraph (A) of this paragraph, the grant recipient shall— " (i) establish a procedure which assures that two members of the governing body of such grant recipient shall be appointed by an appropriate officer or agency of such State; and "(ii) provide, from any source, an amount equal to the total amount of Federal financial assistance received by such grant recipient under this subsection in the fiscal year involved.

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" (C) I n any fiscal year in which a State fails to meet the matching requirement from State funds made by subparagraph (A) of this paragraph, the number of members on the governing body of the g r a n t recipient who were appointed by an appropriate officer or agency of such State shall be reduced so that the governing body complies with the provisions of subparagraph (B) of this paragraph" (4) Of the sums available to carry out this subsection for any fiscal year, each grant recipient which has a plan approved by the Chairman shall be allotted at least $200,000. If the sums appropriated are insufficient to make the allotments under the preceding sentence in full, such sums shall be allotted among such g r a n t recipients in equal amounts. I n any case where the sums available to carry out this subsection for any fiscal year are in excess of the amount required to make the allotments under the first sentence of this paragraph — " (A) the amount of such excess which is no greater than 25 per centum of the sums available to carry out this subsection for any fiscal year shall be available to the Chairman for making g r a n t s under this subsection to entities applying for such g r a n t s; " (B) the amount of such excess, if any, which remains after reserving in full for the Chairman the amount required under subparagraph (A) shall be allotted among the grant recipients which have plans approved by the Chairman in equal amounts, but in no event shall any grant recipient be allotted less than $200,000. " (5)(A) Whenever the provisions of paragraph (3)(B) of this subsection apply in any State, that part of any allotment made under paragraph (4) for any fiscal year— " (i) which exceeds $125,000, but " ( i i) which does not exceed 20 per centum of such allotment, shall be available, at the discretion of the Chairman, to pay up to 100 per centum of the cost of programs under this subsection if such programs would otherwise be unavailable to the residents of that State. " (B) Any amount allotted to a State under the first sentence of paragraph (4) for any fiscal year which is not obligated by the g r a n t recipient prior to sixty days prior to the e n d ^ f the fiscal year for which such sums are appropriated shall be available to the Chairman for making g r a n t s to regional groups. " (C) Funds made available under this subsection shall not be used to supplant non-Federal funds. " (D) For the purposes of this paragraph, the term 'regional g r o u p ' means any multistate group, whether or not representative of contiguous States. " (6) All amounts allotted or made available under paragraph (4) for a fiscal year which are not granted to any entity during such fiscal year shall be available to the National Endowment for the Human i ties for the purpose of carrying out subsection (c). " (7) Whenever the Chairman, after reasonable notice and opportunity for hearing, finds that— " (A) a g r a n t recipient is not complying substantially with the provisions of this subsection; " (B) a grant recipient is not complying substantially with terms and conditions of its plan approved under this subsection; or

" (C) any funds granted to any g r a n t recipient under this subsection have been diverted from the purposes for which they are allotted or paid, the Chairman shall immediately notify the Secretary of the Treasury and the grant recipient with respect to which such finding was made

Allotments.

Use to supplant non-Federal funds, prohibition. "Regional group."

Notice and hearing.

Notification.

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Effective date.

20 USC 956

PUBLIC LAW 94-462—OCT. 8, 1976 that no further grants will be made under this subsection to such grant recipient until there is no longer a default or failure to comply or the diversion has been corrected, or, if the compliance or correction is impossible, until such grant recipient repays or arranges the repayment of the Federal funds which have been improperly diverted or expended. "(8) Except as provided in paragraphs (4), (5), and (6), the Chairman may not make grants under this subsection to more than one entity in any State." (b) The amendment made by subsection (a) shall be effective with respect to fiscal year 1977 and succeeding fiscal years.

note. P A Y M E N T OF PERFORMERS AND SUPPORTING PERSONNEL

Ante, p. 1971.

Standards, regulations and procedures.

SEC. 105. Section 7 of the National Foundation on the Arts and the Humanities Act of 1965, as amended by section 104(a), is further amended by adding at the end thereof the following new subsection: "(g) I t shall be a condition of the receipt of any grant under this section that the group, individual, or State entity receiving such grant furnish adequate assurances to the Secretary of Labor that (1) all professional performers and related or supporting professional personnel employed on projects or productions which are financed in whole or in part under this section will be paid, without subsequent deduction or rebate on any account, not less than the minimum compensation as determined by the Secretary of Labor to be the prevailing minimum compensation for persons employed in similar activities; and (2) no part of any project or production which is financed in whole or in part under this section will be performed or engaged in under working conditions which are unsanitary or hazardous or dangerous to the health and safety of the employees engaged in such project or production. Compliance with the safety and sanitary laws of the State in which the performance or part thereof is to take place shall be prima facie evidence of compliance. The Secretary of Labor shall have the authority to prescribe standards, regulations, and procedures as he may deem necessary or appropriate to carry out the provisions of this subsection,". AUTHORIZATIONS OF APPROPRIATIONS

20 USC 960. 20 USC 954.

Ante, p. 1971.

SEC. 106. (a)(1)(A) Section 11(a)(1)(A) of the National Foundation on the Arts and the Humanities Act of 1965 is amended to read as follows: "SEC. 11. (a)(1)(A) For the purpose of carrying out section 5(c), there are authorized to be appropriated $93,500,000 for fiscal year 1977, $105,000,000 for fiscal year 1978, and such sums as may be necessary for fiscal years 1979 and 1980. Of the sums so appropriated for any fiscal year, not less than 20 per centum shall be for carrying out section 5(g).". (B) Section 11(a)(1)(B) of such Act is amended by striking out all that follows "Humanities" and inserting in lieu thereof the following: "$93,500,000 for fiscal year 1977, $105,000,000 for fiscal year 1978, and such sums as may be necessary for fiscal years 1979 and 1980. Of the sums so appropriated for any fiscal year, not less than 20 per centum shall be for carrying out section 7(f).". (2) Section 11(a)(2) of such Act is amended (A) by striking out

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90 STAT. 1975

"July 1, 1976" and inserting in lieu thereof "October 1, 1980"; and (B) by striking out all that follows "not exceed" and inserting in lieu thereof "$20,000,000 for fiscal year 1977, $25,000,000 for fiscal year 1978, and such sums as may be necessary for fiscal years 1979 and 1980.". (3) Section 11(c) of such Act is amended by inserting before the 20 USC 960 period a comma and the following: "or any other program for which the Chairman of the National Endowment for the Arts or the Chairman of the National Endowment for the Humanities is responsible". (b) The amendments made by subsection (a) shall be effective with Effective date. 20 USC 960 respect to fiscal year 1977 and succeeding fiscal years. TITLE II—MUSEUM SERVICES

note. Museum Services Act.

SHORT TITLE

SEC. 201. This title may be cited as the "Museum Services Act".

20 USC 961 note.

PURPOSE

SEC. 202. I t is the purpose of this title to encourage and assist 20 USC 961. museums in their educational role, in conjunction with formal systems of elementary, secondary, and post-secondary education and with programs of nonformal education for all age groups; to assist museums in modernizing their methods and facilities so that they may be better able to conserve our cultural, historic, and scientific heritage; and to ease the financial burden borne by museums as a result of their increasing use by the public. INSTITUTE o r M U S E U M SERVICES

SEC. 203. There is hereby established, within the Department of Health, Education, and Welfare, an Institute of Museum Services. The Institute shall consist of a National Museum Services Board and a Director of the Institute.

Establishment. 20 USC 962.

NATIONAL M U S E U M SERVICES BOARD

SEC. 204. (a)(1) The Board shall consist of fifteen members appointed by the President, by and with the advice and consent of the Senate. Such members shall be broadly representative of various museums, including museums relating to science, history, technology, art, zoos, and botanical gardens, of the curatorial, educational, and cultural resources of the United States, and of the general public. (2)(A) In addition to members appointed by the President under paragraph (1), the following persons shall serve as members of the

Appointed members, 20 USC 963.

Board—

members,

Additional nonvoting

(i) the Chairman of the National Endowment for the Arts; (ii) the Chairman of the National Endowment for the Humanities; (iii) the Secretary of the Smithsonian Institution; . y (iv) the Director of the National Science Foundation; and (v) the Commissioner of Education. (B) The members of the Board listed in clause (i) through clause (v) of subparagraph (A) shall be nonvoting members. (b) The term of office of the appointed members of the Board shall Term, be five years, except that—

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 90 STAT. 1976

Chairman. Quorum.

Compensation.

5 USC 5332 note.

General policies.

PUBLIC LAW 94-462—OCT. 8, 1976 (1) any such member appointed to fill a vacancy shall serve only such portion of a term as shall not have expired at the time of such appointment; and (2) in the case of initial members, three shall serve for terms of five years, three shall serve for terms of four years, three shall serve for terms of three years, three shall serve for terms of two years, and three shall serve for terms of one year, as designated by the President at the time of nomination for appointment. Any appointed member who has been a member of the Board for more than seven consecutive years shall thereafter be ineligible for reappointment to the Board during the three-year period following the expiration of the last such consecutive year. (c) The Chairman of the Board shall be designated by the President from among the appointed members of the Board. Eight appointed members of the Board shall constitute a quorum. (d) The Board shall meet at the call of the Chairman, except that— (1) it shall meet not less than four times each year; and (2) it shall meet whenever one-third of the appointed members request a meeting in writing, in which event eight of the appointed members shall constitute a quorum. (e) Members of the Board who are not in the regular full-time employ of the Ignited States shall receive, while engaged in the business of the Board, compensation for service at a rate to be fixed by the President, except that such rate shall not exceed the rate specified at the time of such service for grade GS-18 set forth in section 5832 of title 5, United States Code, including traveltime, and, while so serving away from their homes or regular places of business, they may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section,5703 of title 5, United States Code, for persons employed in Government service. (f) The Board shall have the responsibility for the general policies with respect to the powers, duties, and authorities vested in the Institute under this title. The Director shall make available to the Board such information and assistance as may be necessary to enable the Board to carry out its functions. (g) The Board shall, with the advice of the Director, take steps to assure that the policies and purposes of the Institute are coordinated with other activities of the Federal Government. DIRKCTOR OF THE INSTITUTE

Appointment. 20 USC 964.

Report to HEW Secretary.

SEC. 20.5. (a)(1) The Director of the Institute shall be appointed by the President, by and with the advice and consent of the Senate, and shall serve at the pleasure of the President. The Director shall be compensated at the rate provided for level V of the Executive Schedule (6 U.S.C..5316), and shall perform such duties and exercise such powers as the Board may prescribe. (2) The Director shall report to the Secretary of Health, Education, and Welfare with respect to the activities of the Institute. The Director shall not delegate any of his functions to any other officer who is not directly responsible to the Director. (b) The Director shall advise the Board regarding policies of the Institute to assure coordination of the Institute's activities with other agencies and organizations of the Federal Government having interest in and responsibilities for the improvement of museums. Such Government agencies shall include the National Endowment for the Arts, the National Endowment for the Humanities, the National Science

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90 STAT. 1977

Foundation, appropriate units in the Department of Health, Education, and Welfare, the Library of Congress, and the Smithsonian Institution and related organizations. ACTIVITIES OF THE INSTITUTE

SEC. 206. (a) The Director, subject to the policy direction of the Grants. Board, is authorized to make grants to museums to increase and 20 USC 965. improve museum services, through such activities as— (1) programs to enable museums to construct or install displays, interpretations, and exhibitions in order to improve their services to the public; (2) assisting them in developing and maintaining professionally-trained or otherwise experienced staff to meet their needs; (3) assisting them to meet their administrative costs in preserving and maintaining their collections, exhibiting them to the public, and providing educational programs to the public through the use of tneir collections; (4) assisting museums in cooperation with each other in the development of traveling exhibitions, meeting transportation ^ costs, and identifying and locating collections available for loan; (5) assisting them in conservation of artifacts and art objects; and (6) developing and carrying out specialized programs for specific segments of the public, such as programs for urban neighborhoods, rural areas, Indian reservations, and penal and other State institutions. (b) Grants under this section for any fiscal year may not exceed 50 per centum of the cost of the program for which the grant is made, except that not more than 20 per centum of the funds available under this section for any fiscal year may be available for grants in such fiscal year without regard to such limitation. CONTRIBUTIONS

SEC. 207. The Institute shall have authority to accept in the name of 20 USC 966. the United States, grants, gifts, or bequests of money for immediate disbursement in furtherance of the functions of the Institute. Such grants, gifts, or bequests, after acceptance by the Institute, shall be paid by the donor or his representative to the Treasurer of the United States whose receipt shall be their acquittance. The Treasurer of the United States shall enter them in a special account to the credit of the Institute for the purposes in each case specified. FUNCTIONS OF FEDERAL COUNCIL ON THE ARTS AND THE H U M A N I T I E S

SEC. 208. Section 9(c) of the National Foundation on the Arts and the Humanities Act of 1965 is amended— 20 USC 958. (1) by redesignating paragraph (2) through paragraph (4) as paragraph (3) through paragraph (5), respectively, and by inserting immediately after paragraph (1) the following new paragraph: "(2) advise and consult with the National Museum Services Board and with the Director of the Institute of Museum Services on major problems arising in carrying out the purposes of such Institute;";

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 90 STAT. 1978

PUBLIC LAW 94-462—OCT. 8, 1976 (2) in paragraph (3) thereof, as so redesignated by paragraph (1), by striking out "and" immediately after "Arts" and inserting in lieu thereof a comma, and by inserting "and the Institute of Museum Services," immediately after "Humanities,"; and (3) in paragraph (4) thereof, as so redesignated by paragraph (1), by inserting "and the Institute of Museum Services" immediately after "Foundation".

.

AUTHORIZATION OF APPROPRIATIONS

20 USC 967.

,

SEC. 209. (a) For the purpose of making grants under section 206 (a), there are authorized to be appropriated $15,000,000 for fiscal year 1977, $25,000,000 for fiscal year 1978, and such sums as may be necessary for each of fiscal years 1979 and 1980. (b) There are authorized to be appropriated such sums as may be necessary to administer the provisions of this title. (c) Sums appropriated pursuant to subsection (a) for any fiscal year shall remain available for obligation and expenditure until expended. (d) For the purpose of enabling the Institute to carry out its functions under this title, during the period beginning on the date of the enactment of this Act and ending October 1, 1980, there is authorized to be appropriated an amount equal to the amount contributed during such period to the Institute under section 207. DEFINITIONS

20 USC 968.

SEC. 210. For the purpose of this title, the term— (1) "Board" means the National Museum Services Board established under section 203; (2) "Director" means the Director of the Institute established under section 203; (3) "Institute" means the Institute of Museum Services established under section 203; and (4) "museum" means a public or private nonprofit agency or institution organized on a permanent basis for essentially educational or esthetic purposes, vt'hich, utilizing a professional staff, owns or utilizes tangible objects, cares for them, and exhibits them to the public on a regular basis.

TITLE III—CHALLENGE GRANT PROGRAMS ESTABLISHMENT OF PROGRAMS

20 USC 954.

_

SEC. 301. (a) Section 5 of the National Foundation of the Arts and the Humanities Act of 1965 is amended by adding at the end thereof the following new subsection: "(1)(1) The Chairman of the National Endowment for the Arts, with the advice of the National Council on the Arts, is authorized, in accordance with the provisions of this subsection, to establish and carry out a program of contracts with, or grants-in-aid to, public agencies and private nonprofit organizations for the purpose of— "(A) enabling cultural organizations and institutions to increase the levels of continuing support and to increase the range of contributors to the programs of such organizations or institutions; "(B) providing administrative and management improvements for cultural organizations and institutions, particularly in the field of long-range financial planning; [,

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 PUBLIC LAW 94^462—OCT. 8, 1976 "(C) enabling cultural organizations and institutions to increase audience participation in, and appreciation of, programs sponsored by such organizations and institutions; "(D) stimulating greater cooperation among cultural organizations and institutions especially designed to serve better the communities in which such organizations or institutions are located; and " (E) fostering greater citizen involvement in planning the cultural development of a community. "(2) The total amount of any payment made under this subsection for a program or project may not exceed 50 per centum of the cost of such program or project. "(3) In carrying out the program authorized by this subsection, the Chairman of the National Endowment for the Arts shall have the same authority as is established in section 5(c) and section 10.". (b) Section 7 of the National Foundation on the Arts and the Humanities Act of 1965, as amended by section 105, is further amended by adding at the end thereof the following new subsection: " (h)(1) The Chairman of the National Endowment for the Humanities, with the advice of the National Council on the Humanities, is authorized, in accordance with the provisions of this su'bsection, to establish and carry out a program of contracts with, or grants-in-aid to, public agencies and private nonprofit organizations for the purpose of— "(A) enabling cultural organizations and institutions to increase the levels of continuing support and to increase the range of contributors to the program of such organizations or institutions; "(B) providing administrative and management improvements for cultural organizations and institutions, particularly in the field of long-range financial planning; "(C) enabling cultural organizations and institutions to increase audience participation in, and appreciation of, programs sponsored by such organizations and institutions; "(D) stimulating greater cooperation among cultural organizations and institutions especially designed to serve better the communities in which such organizations or institutions are located; " (E) fostering greater citizen involvement in planning the cultural development of a community; and " (F) for bicentennial programs, assessing where our society and Government stand in relation to the founding principles of the Republic, primarily focused on projects which will bring together the public and private citizen sectors in an effort to find new processes for solving problems facing our Nation in its third century. "(2)(A) Except as provided in subparagraph (B) of this paragraph, the total amount of any payment made under this subsection for a program or project may not exceed 50 per centum of the cost of such program or project. "(B) The Chairman, with the advice of the Council, may waive all or part of the requirement of matching funds provided in subparagraph (A) of this paragraph, but only for the purposes described in clause (F) of paragraph (1), whenever he determines that highly meritorious proposals for grants and contracts under such clause, could not otherwise be supported from non-Federal sources or from Federal sources other than funds authorized by section 11(a)(3), unless such matching requirement is waived. Such waiver may not exceed 15 per centum of the amount appropriated in any fiscal year

90 STAT. 1979

-^

Limitation,

20 USC 954, 959. Ante, p. 1974.

Limitation,

Waiver,

20 USC 960.

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 90 STAT. 1980

20 USC 956,

PUBLIC LAW 94-462—OCT. 8, 1976 and available to the Xatioiial Endowineiit on the Iluniaiiities for the purpose of this subsection, " (3) I n carrying out the program authorized by this subsection, the Chairman of the Xational Endowment for the Humanities shall have the same authority as is established in section 7(c) and section 10.".

959. AUTHORIZATION OF APPROPRIATIONS

SEC. 302. Section 11(a) of the Xational Foundation on the A r t s 20 USC 960. and the Humanities Act of lOBo is amended by adding at the end thereof the following nev; paragraph: " (3)(A) There is authorized to be appro2:)riated for each fiscal year ending before October 1, 1980, to the X'ational Endowment for the A r t s an amount equal to the total amounts received by such Endowment for Ante, p. 1978. the purposes set forth in section 5(1)(1) pursuant to the authority of 20 USC 959. section 1 0 (a)(2), e.xcept that the amount so appropriated to such Endowment shall not exceed $12,000,000 for fiscal year 1977, and $18,000,000 for fiscal year 1978. Such sums as may be necessary are authorized to be appropriated for fiscal years 1979 and 1980. " (B) There are authorized to be appropriated for each fiscal year ending before October 1, 1980, to the Xational Endowment for the Humanities an amount eqiuil to the total amounts received by such Ante, p. 1979. Endowment for the purposes set forth in section 7(h)(1) pursuant 20 USC 959. to the authority of section 10(a)(2), except that the amount so appropriated to such Endowment shall not exceed $12,000,000 for fiscal year 1977, and $18,000,000 for fiscal year 1978. Such sums as may be necessary are authorized to be appropriated for fiscal years 1979 and 1980. Transfer of funds. " (C) If either Chairman determines at the end of the ninth month of any fiscal year that funds which would otherwise be available under this paragraph to an Endowment cannot be used, he shall transfer such funds to the other P^ndowment for the purposes described in section 5 (1)(1) or section 7(h)(1), as may be necessary. " (D) Sums appropriated pursuant to subparagraph (A) and subparagraph (B) for any fiscal year shall remain available for obligation and expenditure until expended." TITLE IV—AMERICAX BICEXTEXXIAL AXD FILM PROJECT

PHOTOGRAPHY

AMERICAX BICKXTEXXIAL PHOTOGRAPHY AXD F I L M PROJECT

Ante, p. 1978. 20 USC 960.

'

SEC. 401. (a) Section 5 of the X'^ational Foundation on the A r t s and the Humanities Act of 1965, as amended by section 3 0 1 (a), is further amended by adding at the end thereof the following new subsection: " (m)(l) From funds appropriated to the P^ndowment and apportioned to each State pursuant to section 11(a)(4), the Endowment is authorized to provide, by grant or contract, financial assistance to the State arts agency of each State, pursuant to such regulations and guidelines as the Endowment shall establish, to permit such State agency to support one or more photography or film projects meeting the purposes of this subsection. Such assistance shall also be available for acquiring essential supplies, and for administrative or supervisory personnel, and for processing and cataloging, and for the display (and related activities) of the photographs and films produced with assistance undei' this subsection. " (2)(A) Xo financial assistance may be made under this subsection unless an application is made at such time, in such manner, and containing or accompanied by such information, as the Endowment determines is reasonably necessary.

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90 STAT. 1981

"(B) In providing financial assistance under this subsection, each State shall give consideration to proposals which involve promising and qualified photographers or film makers who are unemployed or underemployed. "(3) From funds allotted to the Endowment pursuant to section 11(a)(4), the Endowment shall pay the costs of administration, pro- Infra. vide for collection and dissemination of a representative collection of photographs and films produced pursuant to this subsection, and provide direct assistance to applicants for photography or film projects of special merit which meet the purposes of this subsection. The Endowment shall assure that representative photographs and films (including, where appropriate, negatives) produced with assistance furnished under this subsection are made available for the permanent collection of the Library of Congress.''. (b) Section 11(a) of the National Foundation on the Arts and the Humanities Act of 1965, as amended by section 302, is further amended Ante, p. 1980. by adding at the end thereof the following new paragraph: "(4)(A) For the purposes of carrying out section o(m), there are authorized to be appropriated to the National Endowment for the Arts $4,000,000 for fiscal year 1977 and $-2,000,000 for fiscal year 1978. Sums appropriated pursuant to this subparagraph shall remain available until expended. "(B) Not more than 75 per centum of the amounts appropriated pursuant to subparagraph (A) shall be allocated among the States in equal amounts for fiscal year 1977, and not more than 50 per centum of the amounts appropriated pursuant to subparagraph (A) shall be allocated among the States in equal amounts for fiscal year 1978.". TITLE V—ARTS EDUCATION A > I E X D M: E X T TO THE EDITCATIOX AMENDMENTS O F 19 7 4

SEC. 501. Section 409 of the Education Amendments of 1974 is 20 USC 1867. amended by inserting " (a) " after the section designation and by adding at the end thereof the following new subsection: •(b) Notwithstanding the provisions of section 402(b)(3)(G) and se'^tion 402(b)(4) of this Act, and in addition to sums reserved under 20 USC 1861. that section and made available under subsection (a) of this section, there are authorized to be appropriated $2,000,000 for fiscal year 1978 to carry out the purposes of this section.". Approved October 8, 1976.

LEGISLATIVE HISTORY: HOUSE REPORTS: No. 94-1024 (Comm. on Education and Labor) and No. 94-1631 (Comm. of Conference). SENATE REPORTS: No. 94-880 accompanying S. 3440, No. 94-881 (both from Comm. on Labor and Public Welfare) and No. 94-1260 (Comm. of Conference). CONGRESSIONAL RECORD, Vol 122 (1976): Apr. 26, considered and passed House. May 20, considered and passed Senate, amended, in lieu of S. 3440. Sept. 22, Senate agreed to conference report. Sept. 27, House agreed to conference report. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 12, No. 42: Oct. 10, Presidential statement.

89-194 O—78—pt. 2

33

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 90 STAT. 1982

PUBLIC LAW 94-463—OCT. 8, 1976

Public Law 94-463 94th Congress An Act Oct. 8, 1976 [H.R. 10339] Farmer-toConsumer Direct Marketing Act of 1976. 7 USC 3001 note. 7 USC 3001.

To encourage the direct marketing of agricultural commodities from farmers to consumers.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the ''Farmer-to-Consumer Direct Marketing Act of 1976". PURPOSE

SEC. 2. It is the purpose of this Act to promote, through appropriate means and on an economically sustainable basis, the development and expansion of direct marketing of agricultural commodities from farmers to consumers. To accomplish this objective, the Secretary of Agriculture (hereinafter referred to as the "Secretary") shall initiate and coordinate a program designed to facilitate direct marketing from farmers to consumers for the mutual benefit of consumers and farmers. DEFINITION

7 USC 3002.

SEC. 3. For purposes of this Act, the term "direct marketing from farmers to consumers" shall mean the marketing of agricultural commodities at any marketplace (including, but not limited to, roadside stands, city markets, and vehicles used for house-to-house marketing of agricultural commodities) established and maintained for the purpose of enabling farmers to sell (either individually or through a farmers' organization directly representing the farmers who produced the commodities being sold) their agricultural commodities directly to individual consumers, or organizations representing consumers, in a manner calculated to lower the cost and increase the quality of food to such consumers while providing increased financial returns to the farmers. SURVEY

7 USC 3003.

SEC. 4. The Secretary shall provide, through the Economic Research Service of the United States Department of Agriculture, or whatever agency or agencies the Secretary considers appropriate, a continuing survey of existing methods of direct marketing from farmers to consumers in each State. The initial survey, which shall be completed no later than one year following the date of enactment of this Act, shall include the number of types of such marketing methods in existence, the volume of business conducted through each such marketing method, and the impact of such marketing methods upon financial returns to farmers (including their impact upon improving the economic viability of small farmers) and food quality and costs to consumers. DIRECT MARKETING ASSISTANCE W I T H I N THE STATES

Funds, utilization.

7 USC 3004.

SEC. 5. (a) In order to promote the establishment and operation of direct marketing from farmers to consumers, the Secretary shall provide that funds appropriated to carry out this section be utilized by

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 PUBLIC LAW 94-463—OCT. 8, 1976 State departments of agriculture and the Extension Service of the United States Department of Agriculture for the purpose of conducting or facilitating activities which will initiate, encourage, develop, or coordinate methods of direct marketing from farmers to consumers within or among the States. Such funds shall be allocated to a State on the basis of the feasibility of direct marketing from farmers to consumers within that State as compared to other States and shall be allocated within a State to the State department of agriculture and to the Extension Service on the basis of the types of activities which are needed in the State and on the basis of which of these two agencies, or combination thereof, can best perform these activities. The activities shall include, but shall not be limited to— (1) sponsoring conferences which are designed to facilitate the sharing of information (among farm producers, consumers, and other interested persons or groups) concerning the establishment and operation of direct marketing from farmers to consumers; (2) compiling laws and regulations relevant to the conduct of the various methods of such direct marketing within the State, formulating drafts of enabling legislation needed to facilitate such direct marketing, determining feasible locations for additional facilities for such direct marketing, and preparing and disseminating practical information on the establishment and operation of such direct marketing; and (3) providing technical assistance for the purpose of aiding interested individuals or groups in the establishment of arrangements for direct marketing from farmers to consumers. (b) In the implementation of this section, the Secretary shall take into account consumer preferences and needs which may bear upon the establishment and operation of arrangements for direct marketing from farmers to consumers.

90 STAT. 1983

Funds, allocation.

A N N U A L REPORT

SEC. 6. The Secretary shall periodically review the activities carried Review; out under this Act and shall report to the Committee on Agriculture, report to United States House of Representatives, and the Committee on Agri- congressional culture and Forestry, United States Senate, within one year of the date committees. of enactment of this Act, and annually thereafter, with respect to the 7 USC 3005. effectiveness of this Act. The Secretary shall include in such report a State-by-State summary of the results of the survey conducted under this Act, and a summary of the activities and accomplishments of the Extension Service and the State departments of agriculture in the development of direct marketing from farmers to consumers during the previous year. AUTHORIZATION OF APPROPRIATIONS

SEC. 7. (a) For purposes of carrying out the provisions of sections 47 USC 3006. and 6, there are authorized to be appropriated such sums as are necessary. (b) For purposes of carrying out the provisions of section 5, there is authorized to be appropriated $1,500,000 for each of the fiscal years ending September 30, 1977, and September 30, 1978. E M E R G E N C Y HAY

PROGRAM

SEC. 8. In carrying out any emergency hay program for farmers or ranchers in any area of the United States under section 305 of the Disaster Relief Act of 1974 because of an emergency or major disaster in

Transportation costs, repayment. 42 USC 5145 note. 42 USC 5145.

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Expiration and effective

PUBLIC LAW 94-463—OCT. 8, 1976 such area, the President shall direct the Secretary of Agriculture to pay 80 percent of the cost of transporting hay (not to exceed $50 per ton) from areas in which hay is in plentiful supply to the area in which such farmers or ranchers are located. The provisions of this section shall expire on October 1, 1977, and shall become effective on October 1, 1976, or on the date of enactment of this Act, whichever is later. Approved October 8, 1976.

LEGISLATIVE HISTORY: HOUSE REPORTS: No. 94-612 (Comm. on Agriculture) and No. 94-1516 (Comm. of Conference). SENATE REPORT No. 94-1022 (Comm. on Agriculture and Forestry). CONGRESSIONAL RECORD: Vol. 121 (1975): Nov. 4, considered and passed House. Vol. 122 (1976): July 30, considered and passed Senate, amended. Sept. 15, Senate agreed to conference report. Sept. 23, House receded and concurred in certain Senate amendments; receded and concurred in certain others with amendments. Sept. 27, Senate concurred in House amendments.

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90 STAT. 1985

Public Law 94-464 94th Congress An Act To provide for an exclusive remedy against the United States in suits based upon medical malpractice on the part of medical personnel of the armed forces, the Defense Department, the Central Intelligence Agency, and the National Aeronautics and Space Administration, and for other purposes.

Oct. 8, 1976 [H.R. 3954]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) chapter 55 Medical of title 10, United States CcKle, is amended by adding at the end malpractice suits thereof a new section as follows: against the Protection. practice 10 USC 1089. "(a) The remedy against the United States provided by sections 1346(b) and 2672 of title 28 for damages for personal injury, including death, caused by the negligent or wrongful act or omission of any physician, dentist, nurse, pharmacist, or paramedical or other supporting personnel (including medical and dental technicians, nursing assistants, and therapists) of the armed forces, the Department of Defense, or the Central intelligence Agency in the performance of medical, dental, or related health care functions (including clinical studies and investigations) while acting within the scope of his duties or employment therein or therefor shall hereafter be exclusive of any other civil action or proceeding by reason of the same subject matter against such physician, dentist nurse, pharmacist, or paramedical or other supporting personnel (or the estate of such person) whose act or omission gave rise to such action or proceeding. "(b) The Attorney General shall defend any civil action or proceeding brought in any court against any person referred to in subsection (a) of this section (or the estate of such person) for any such injury. Any such person against whom such civil action or proceeding is brought shall deliver within such time after date of service or knowledge of service as determined by the Attorney General, all process served upon such person or an attested true copy thereof to such person's immediate superior or to whomever was designated by the head of the agency concerned to receive such papers and such person shall promptly furnish copies of the pleading and process therein to the United States attorney for the district embracing the place wherein the action or proceeding is brought, to the Attorney General and to the head of the agency concerned. "(c) Upon a certification by the Attorney General that any person described in subsection (a) was acting in the scope of such person's duties or employment at the time of the incident out of which the suit arose, any such civil action or proceeding commenced in a State court shall be removed without bond at any time before trial by the Attorney General to the district court of the United States of the district and division embracing the place wherein it is pending and the proceeding deemed a tort action brought against the United States under the provisions of title 28 and all references thereto. Should a 28 USC 1. United States district court determine on a hearing on a motion to remand held before a trial on the merits that the case so removed is
 * §1089. Defense of certain suits arising out of medical mal- United States.

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Liability insurance for persons assigned to a foreign country or non-Federal agency.

"Head of agency concerned."

32 USC 334 note.

32 USC 334.

PUBLIC LAW 94-464—OCT. 8, 1976 one in which a remedy by suit within the meaning of subsection (a) of this section is not available against the United States, the case shall be remanded to the State court, "(d) The Attorney General may compromise or settle any claim asserted in such civil action or proceeding in the manner provided in section 2677 of title 28, and with the same eifect. "(e) For purposes of this section, the provisions of section 2680(h) of title 28 shall not apply to any cause of action arising out of a negligent or wrongful act or omission in the performance of medical, dental, or related health care functions (including clinical studies and investigations). "(f) The head of the agency concerned or his designee may, to the extent that he or his designee deems appropriate, hold harmless or provide liability insurance for any person described in subsection (a) for damages for personal injury, including death, caused by such person's negligent or wrongful act or omission in the performance of medical, dental, or related health care functions (including clinical studies and investigations) while acting within the scope of such person's duties if such person is assigned to a foreign country or detailed for service with other than a Federal department, agency, or instrumentality or if the circumstances are such as are likely to preclude the remedies of third persons against the United States described in section 1346(b) of title 28, for such damage or injury. "(g) In this section, 'head of the agency concerned' means— "(1) the Director of Central Intelligence, in the case of an employee of the Central Intelligence Agency; "(2) the Secretary of Transportation, in the case of a member or employee of the Coast Guard when it is not operating as a service in the Navy; and "(3) the Secretary of Defense, in all other cases.". (b) The table of sections at the beginning of such chapter 55 is amended by adding at the end thereof the following: "1089. Defense of certain suits arising out of medical malpractice.". SEC. 2. (a) The Congress finds— (1) that the Army National Guard and the Air National Guard are critical components of the defense posture of the United States; (2) that a medical capability is essential to the performance of the mission of the National Guard when in Federal service; (3) that the current medical malpractice crisis poses a serious threat to the availability of sufficient medical personnel for the National Guard; and (4) that in order to insure that such medical personnel will continue to be available to the National Guard, it is necessary for the Federal Government to assume responsibility for the payment of malpractice claims made against such personnel arising out of actions or omissions on the part of such personnel while they are performing certain training exercises. (b) Chapter 3 of title 32, United States Code, is amended by adding at the end thereof a new section as follows: § 334. Payment of malpractice liability of National Guard Medical personnel (a) Upon the final disposition of any claim for damages for personal injury, including death, caused by the negligent or wrongful act or omission of any medical personnel of the National Guard in furnishing medical care or treatment while acting within the scope of

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 PUBLIC LAW 94-464—OCT. 8, 1976 his duties for the National Guard during a training exercise, the liability of such medical personnel for any costs, settlement, or judgment shall become, subject to the provisions of this section, the liability of the United States and shall be payable under the provisions of section 1302 of the Act of July 27, 1956 (31 U.S.C. 724a), or out of funds appropriated for the payment of such liability. "(b) The liability for any claim for damages under this section against any medical personnel shall become the liability of the United States only to the extent that the liability of such medical personnel is not covered by insurance, and such liability shall not constitute coinsurance for any purpose. "(c) Liability of the United States for damages against any medical personnel referred to in subsection (a) shall be subject to the condition that the medical personnel against whom any claim for such damages is made shall— "(1) promptly notify the Attorney General of the claim, and in case of any civil action or proceeding brought in any court against any such personnel, deliver all process served upon such personnel (or an attested true copy thereof) to the immediate superior of such personnel or to such other person designated by the appropriate Adjutant General to receive such papers, who shall promptly transmit such papers to the Attorney General. "(2) furnish to the Attorney General such other information and documents as the Attorney General may request, and "(3) comply with the instructions of the Attorney General relative to the final disposition of a claim for damages. "(d) The liability of the United States under this section shall also be subject to the condition that the settlement of any claim described in subsection (a) of this section be approved by the Attorney General prior to its finalization. "(e) The provisions of this section shall not apply in the case of any claim for damages against any medical personnel settled under the provisions of section 715 of title 32. " (f) As used in this section, the term— "(1) 'Medical personnel' means any physician, dentist, nurse, pharmacist, paramedical, or other supporting personnel (including medical and dental technicians, nursing assistants, and therapists) of the Army National Guard or the Air National Guard. "(2) 'Training exercise' means training or duty performed by medical personnel under section 316, 502, 503, 504, or 505 of this title or under any other provision of law for which such personnel are entitled to or has waived pay under section 206 of title 37. "(3) 'Final disposition' means— "(A) a final judgment of any court from which the Attorney General decides there will be no appeal, "(B) the settlement of any claim, or "(C) a determination at any stage of a claim for damages in favor of a medical personnel and from which determination no appeal can be made. " (4) 'Settlement' means any compromise of a claim for damages which is agreed to by the claimant and approved by the Attorney General prior to its finalization. "(5) 'Costs' includes any costs which are taxed by any court against any medical personnel, normal litigation expenses, attorney's fees incurred by any medical personnel, and such interest as any medical personnel may be obligated to pay by any court order or by statute.

90 STAT. 1987

Notification to Attorney General.

Definitions.

32 USC 316, 502-505.

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 90 STAT. 1988

42 USC 2459.

PUBLIC LAW 94-464^0CT. 8, 1976 "(6) 'Claim for damages' means any claim or any legal or administrative action in connection with any claim described in subsection (a) of this section. "(7) 'Attorney General' means the Attorney General of the United States."." (c) The table of sections at the beginning of such chapter 3 is amended by adding at the end thereof the following: "334, Payment of malpractice liability of National Guard medical personnel.". SEC. 3. Title III of the National Aeronautics and Space Act of 1958, as amended, is amended by redesignating section 307 as 308 and by inserting after section 306 a new section 307 as follows: " D E F E N S E o r CERTAIN MALPRACTICE AND NEGLIGENCE SUITS

42 USC 2458a.

28 USC 1.

"SEC. 307. (a) The remedy against the United States provided by sections 1346(b) and 2672 of title 28, United States Code, for damages for personal injury, including death, caused by the negligent or wrongful act or omission of any physician, dentist, nurse, pharmacist, or paramedical or other supporting personnel (including medical and dental technicians, nursing assistants, and therapists) of the Administration in the performance of medical, dental, or related health care functions (including clinical studies and investigations) while acting within the scope of his duties or employment therein or therefor shall hereafter be exclusive of any other civil action or proceeding by reason of the same subject matter against such physician, dentist, nurse, pharmacist, or paramedical or other supporting personnel (or the estate of such person) whose act or omission gave rise to such action or proceeding. "(b) The Attorney General shall defend any civil action or proceeding brought in any court against any person referred to in subsection (a) of this section (or the estate of such person) for any such injury. Any such person against whom such civil action or proceeding is brought shall deliver within such time after date of service or knowledge of service as determined by the Attorney General, all process served upon such person or an attested true copy thereof to such person's immediate superior or to whomever was designated by the Administrator to receive such papers and such person shall promptly furnish copies of the pleading and process therein to the United States Attorney for the district embracing the place wherein the proceeding is brought to the Attorney General and to the Administrator. "(c) Upon a certification by the Attorney General that any person described in subsection (a) was acting in the scope of such person's duties or employment at the time of the incident out of which the suit arose, any such civil action or proceeding commenced in a State court shall be removed without bond at any time before trial by the Attorney General to the district court of the United States of the district and division embracing the place wherein it is pending and the proceeding deemed a tort action brought against the United States under the provisions of title 28, United States Code, and all references thereto. Should a United States district court determine on a hearing on a motion to remand held before a trial on the merits that the case so removed is one in which a remedy by suit within the meaning of subsection (a) of this section is not available against the United States, the case shall be remanded to the State court. "(d) The Attorney General may compromise or settle any claim asserted in such civil action or proceeding in the manner provided in section 2677 of title 28, United States Code, and with the same effect.

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 PUBLIC LAW 94-464—OCT. 8, 1976

90 STAT. 1989

"(e) For purposes of this section, the provisions of section 2680(h) of title 28, United States Code, shall not apply to any cause of action arising out of a negligent or wrongful act of omission in the performance of medical, dental, or related health care functions (including clinical studies and investigations). "(f) The Administrator or his designee may, to the extent that the Liability inAdministrator or his designee deem appropriate, hold harmless or pro- surance for vide liability insurance for any person described in subsection (a) for persons damages for personal injury, including death, caused by such person's assigned negligent or wrongful act or omission in the performance of medical, to a foreign country or dental, or related health care functions (including clinical studies and non-Federal investigations) while acting within the scope of such person's duties agency. if such person is assigned to a foreign country or detailed for service with other than a Federal department, agency, or instrumentality or if the circumstances are such as are likely to preclude the remedies of third persons against the United States described in section 2679(b) of title 28, United States Code, for such damage or injury.". SEC. 4. This Act shall become effective on the date of its enactment Effective and shall apply only to those claims accruing on or after such date of date. enactment. 10 USC 1089 Approved October 8, 1976.

LEGISLATIVE HISTORY: HOUSE REPORT No. 94-333 (Coram, on Armed Services). SENATE REPORT No. 94-1264 (Coram, on Armed Services). CONGRESSIONAL RECORD: Vol. 121 (1975): July 21, considered and passed House. Vol. 122 (1976): Sept. 24, considered and passed Senate, araended. Sept. 27, House concurred in Senate amendment.

note.

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 90 STAT. 1990

PUBLIC LAW 94-465—OCT. 8, 1976

Public Law 94-465 94th Congress An Act Oct. 8, 1976 [S. 2981] Indian Claims Commission. Appropriation authorization. Termination date, extension.

To authorize appropriations for the Indian Claims Commission for fiscal year 1977, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That there is authorized to be appropriated to carry out the provisions of the Indian Claims Commission Act (25 U.S.C. 70), during fiscal year 1977, not to exceed $1,650,000. SEC. 2. Section 23 of the Act entitled "An Act to create an Indian Claims Commission, to provide for the powers, duties, and functions thereof, and for other purposes", approved August 13, 1946 (60 Stat. 1049, 1055), as amended (86 Stat. 115; 25 U.S.C. 70v), is hereby amended by striking said section and inserting in lieu thereof the following: "DISSOLUTION or THE COMMISSION AND DISPOSITION OF PENDING CLAIMS

Report to congressional committees.

"SEC. 23. The existence of the Commission shall terminate at the end of fiscal year 1978 on September 30, 1978, or at such earlier time as the Commission shall have made its final report to the Congress on all claims filed with it. Upon its dissolution, the records and files of the Commission in all cases in which a final determination has been entered shall be delivered to the Archivist of the United States. No later than December 31, 1976, the Indian Claims Commission may certify and transfer to the Court of Claims all cases which the Commission determines it cannot completely adjudicate by September 30, 1978. In addition, the Commission may, at any time prior to September 30, 1978, certify and transfer to the Court of Claims any case which it determines cannot be completely adjudicated prior to the dissolution of the Commission. Jurisdiction is hereby conferred upon the Court of Claims to adjudicate all such cases under the provisions of section 2 of the Indian Claims Commission Act: Provided, That section 2 of said Act shall not apply to any cases filed originally in the Court of Claims under section 1505 of title 28, United States Code. Upon dissolution of the Commission, all pending cases including those on appeal shall be transferred to the Court of Claims for adjudication on the same basis as those authorized to be transferred by this section.". SEC. 3. Section 28 of such Act of August 13, 1946, as amended (25 U.S.C. 70v-2), is amended by striking said section and inserting in lieu thereof the following:

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 PUBLIC LAW 94-465—OCT. 8, 1976 «STATUS

90 STAT. 1991

REPORT TO CONGRESS

"SEC. 28. The Commission shall, on the first day of the 95th Congress, submit a report to the Committees on Interior and Insular Affairs of the Senate and House of Representatives on those cases which it has transferred pursuant to section 23 of this Act, as amended. 25 USC 70v. In addition, the Commission shall submit a report to said Committees at six month intervals thereafter showing the progress made and the work remaining to be completed by the Commission, as well as the status of each remaining case, along with the projected date for its completion.". Approved October 8, 1976.

LEGISLATIVE HISTORY: HOUSE REPORT No. 94-1150 accompanying H.R. 11909 (Comm. on Interior and Insular Affairs). SENATE REPORT No. 94-737 (Comm. on Interior and Insular Affairs). CONGRESSIONAL RECORD, Vol. 122 (1976): Apr. 9, considered and passed Senate. Aug. 3, considered and passed House, amended, in lieu of H.R. 11909. Sept. 28, Senate agreed to conference report. Sept. 29, House agreed to conference report.

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 may compel them to be obedient in all greater matters. In authority of rule Congress is made master, but in means of rule it is made mere magistrate. It commands the absolute lordship, but it can discipline for disobedience only slow and formal judicial process.

Upon Machiavelli’s declaration that “nothing is more important to the stability of the state than that facility should be given by its constitution for the accusation of those who are supposed to have committed any public wrong,” a writer in the “Westminster Review” makes this thoughtful comment: “The benefit of such a provision is twofold. First, the salutary fear of the probable coming of a day of account will restrain the evil pratices of some bad men and self-seekers; secondly, the legal outlet of accusation gives vent to peccant humors in the body politic, which, if checked and driven inward, would work to the utter ruin of the constitution;. . . the distinction is lost between accusation and calumny." And of course it was these benefits which our federal Constitution was meant to secure by means of its machinery of impeachment.  No servant of the state, not even the President himself, was to be beyond the reach of accusation by the House of Representatives and of trial by the Senate.  But the processes

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 90 STAT. 1992

PUBLIC LAW 94-466—OCT. 8, 1976

Public Law 94-466 94th Congress An Act Oct. 8, 1976 [H.R. 13374] Minnesota Valley National Wildlife Refuge Act. 16 USC 668kk note. 16 USC 668kk.

To provide for a national wildlife refuge in the Minnesota River Valley, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Minnesota Valley National Wildlife Refuge Act". DECLARATION OF POLICY

'

SEC. 2. (a) FINDINGS.—The Congress finds and declares the following: (1) The Lower Minnesota River Valley, which provides habitat for a large number of migratory waterfowl, fish, and other wildlife species, is a unique environmental resource. (2) This valley is located close to a large metropolitan area and, accordingly, it is of great value as a source of environmental education, recreational opportunities, and interpretive programs for hundreds of thousands of urban dwellers. (3) This valley is currently threatened with spoliation, removal from public access, and ecological downgrading, through commercial and industrial development. (4) Despoilment of this valley and its flood plain will result in the permanent loss of unique social, educational, and environmental assets. (b) P O L I C Y. — I t is therefore declared to be the policy of the Congress in this Act to preserve the Minnesota River Valley through the establishment of the Minnesota Valley National Wildlife Refuge. '

16 USC 66811.

• ' = ^

DEFINITIONS

SEC. 3. As used in this Act: (1) The terms "conserve" and "conservation" mean to use, and the use of, methods and procedures which are necessary to assure, to the maximum extent practicable, the continued existence of populations of fish and wildlife. Such methods and procedures may include, but are not limited to, all activities associated with scientific resource management, including research, census, law enforcement, habitat acquisition, and public information and education. (2) The term "interests therein" means any property interest in lands and waters, including, but not limited to, a leasehold, an easement, a future interest, or an equitable use. (3) The term "refuge" means the Minnesota Valley National Wildlife Refuge, established pursuant to section 4 of this Act. (4) The term "Secretary" means the Secretary of the Interior, acting through the United States Fish and Wildlife Service. (5) The term " State " means the State of Minnesota and any political subdivision thereof. (6) The term "wildlife recreation area" means the wildlife recreation area established adjacent to the refuge, pursuant to section 5 of this Act.

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 PUBLIC LAW 94-466—OCT. 8, 1976 '

9 0 STAT. 1993

THE REFUGE

SEC. 4. (a) ESTABLISHMENT.—The Secretary shall establish, in Publication in accordance with this section, the Minnesota Valley National Wildlife Federal Register. Refuge by publication of a notice to that effect in the Federal Register 16 USC 668mm. upon completion of the comprehensive plan pursuant to section 6 of this Act. The refuge shall consist of— (1) approximately 9,500 acres of lands, marshes, submerged lands, and open waters in the lower Minnesota River Valley, which are depicted as a wildlife refuge on a m a p dated November 1975 and entitled "Oflficial Map—Minnesota Valley National Wildlife Refuge-Recreation Area", which shall be on file and available for public inspection in the offices of the T^nited States Fish and Wildlife Service of the Department of the Interior; and (2) any additional lands, waters, and interests therein, which the Secretary may acquire and designate for inclusion in the refuge. (b) ACQUISITION AND ADMINISTRATION.— (1) The Secretary shall,

within 6 years after the date of enactment of this Act, acquire lands, waters, and interests therein, within the boundaries of the refuge, by (A) donation; (B) purchase (with donated, transferred, or appropriated funds); or (C) exchange. (2) W i t h respect to the Black D o g Lake unit, as identified on the m a p referred to in subsection (a)(1) of this section, the Secretary may not acquire any lands, waters, or interests therein unless such acquisition is compatible with the continued operation of the electric power generation plant presently located within such unit. The Secretary may negotiate and enter into an agreement, with the owner of such powerplant, for the joint or cooperative conservation and management of such unit. (3) The Secretary shall develop and administer the lands, waters, and interests therein, which are acquired for the refuge, in accordance with the National Wildlife Refuge System Administration Act of 1966, as amended (16 U.S.C. 688dd et seq.). The Secretary may 16 USC 668dd also exercise any other authority available to him foi" the conser- note. vation and management of wildlife and natural resources, the development of wildlife recreational opportunities, wildlife interpretation, and environmental education, to the extent deemed by him to be appropriate to carry out the purposes of t h i s Act. (c) W I L D L I F E INTERPRETATION AND EDUCATION C E N T E R. — The Secre-

t a r y shall construct, administer, and maintain, at an appropriate site within the refuge, a wildlife interpretation and education center. Such center shall be designed and operated to promote environmental education and to provide an opportunity for the study and enjoyment of wildlife in its natural habitat. (d) REVENUE SHARING.—Payments made, in accordance with the Refuge Revenue S h a r i n g Act (16 U.S.C. 7 l 5 s), to the counties in which units of the refuge are located shall be distributed by such counties to municipalities and townships on the same p r o r a t a basis as is used in the distribution of real estate taxes. THE WILDLIFE RECREATION AREA

SEC. 5. (a) GENERAL.—The Secretary shall establish, in cooperation Establishment. with the State and in an area adjacent to the refuge, a wildlife recre- Publication in ation area by publication of a notice to that effect in the Federal Federal Register. Register upon completion of the comprehensive plan pursuant to 16 USC 668nn.

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 90 STAT. 1994

'

PUBLIC LAW 94-466—OCT. 8, 1976 section 6 of this Act. Such area shall consist of the lands, waters, and interests therein which are depicted as a recreation area on the m a p referred to i n section 4(a)(1) of this Act. The wildlife recreation area shall, in general, consist of— (1) those portions of the Lower Minnesota E i v e r floodplain and which are necessary for one or more of the following: public access to such a r e a; safety; the well-being of the visiting public; and the operation and maintenance of such a r e a; and (2) any additional areas which are adjacent to such floodplain and which are located between the city of J o r d a n, Minnesota, and Fort Snelling State P a r k, excluding the industrialized component thereof located in the municipalities of Savage, Chaska, Shakopee, and Burnsville, Minnesota. (b) ACQUISITION AND ADMINISTRATION. — L and s, w a t e r s, and inter-

ests therein, which are within the boundaries of the wildlife recreation area, shall, with the agreement of the State, be acquired, de\'eloped, and administered by the State (in cooperation with the Secretary) in accordance with the provisions of the comprehensive plan developed under section 6 of this Act. COMPREHENSIVE PLAN

16 USC 66800.

Guidelines.

SEC. 6. (a) GENERAL.—Within 3 years after the date of enactment of this Act, the Secretary shall, in cooperation with the State and political subdivisions thereof, develop a comprehensive plan for the conservation, protection, preservation, and interpretation of the Minnesota Valley National Wildlife Eefuge and the adjacent wildlife recreation area. (b) MANAGEMENT CATEGORIES.—The plan required by subsection (a) of this section shall delineate and provide appropriate management guidelines for the following two categories of property: (1) Category I.—The Minnesota Valley National Wildlife Eefuge, to be acquired and managed by the Secretary pursuant to section 4(b) of this Act. (2) Category II.—Public nature-recreation areas, to be acquired (in fee or by lease, easement, donation, or other agreement) and managed by the State (in cooperation with the Secretary) pursuant to section 5(b) of this Act. (c) OTHER REQUIREMENTS. — The p l a n required by subsection (a) of

this section shall— (1) provide for the Minnesota Valley Trail Corridor, authorized by Minnesota Statute, 1969, section 85.198, as an integral part of the Minnesota Valley National Wildlife Eefuge and the adjacent wildlife recreation area; and (2) contain such other provisions relating to public use, law enforcement, wildlife conservation, environmental education and interpretation, and other matters as the Secretary and the State deem necessary to preserve, protect, and enhance the refugerecreation area and to carry out the purposes of this Act. FINANCIAL ASSISTANCE

16 USC 668pp.

SEC. 7. (a) GRANTS.—The Secretary shall provide sufficient financial assistance to the State to enable it to acquire and develop lands, waters, and interests therein in the wildlife recreation area. A g r a n t made under this section shall only be used with respect to lands, waters, and interests therein which are acquired by the State after the establish-

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