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Page:United States Statutes at Large Volume 78.djvu/893

 78 STAT. ]

PUBLIC LAW 88-567-SEPT. 2, 1964

851

lands in private ownership in each county, as determined by the Secretary: Provided further, That no such payments shall be made which will reduce the credits or the payments to be made pursuant to contractual obligations of the United States with the Tulelake Irrigation District or the payments to the Klamath Drainage District as full reimbursement for the construction of irrigation facilities within said district, and that the priority of use of the total net revenues collected from the leasing of the lands described in this section shall be (1) to credit or pay from each revenues to the Tulelake Irrigation District the amounts already committed to such payment or credit; (2) to pay from such revenues to the Klamath Drainage District the sum of $197,315; and (3) to pay from such revenues to the counties the amounts prescribed by this section. SEC. 4. The Secretary shall, consistent with proper waterfowl management, continue the present pattern of leasing the reserved lands of the Klamath Straits unit, the Southwest Sump, the League of Nations unit, the Henzel lease, and the F r o g Pond unit, all within the Executive order boundaries of the Lower Klamath and Tule Lake National Wildlife Kefuges and shown in plate 4 of the report entitled "Plan for Wildlife Use of Federal Lands in the Upper Klamath Basin, Oregon-California," dated April 1956. Leases for these lands shall be at a price or prices designed to obtain the maximum lease revenues. The leases shall provide for the growing of grain, forage, and soilbuilding crops, except that not more than 25 per centum of the total leased lands may be planted to row crops. All other reserved public lands included in section 2 of this Act shall continue to be managed by the Secretary for waterfowl purposes, including the growing of agricultural crops by direct planting and sharecrop agreements with local cooperators where necessary. SEC. 5. The areas of sumps 1(a) and 1(b) in the Klamath project lying within the Executive order boundaries of the Tule Lake National Wildlife Refuge shall not be reduced by diking or by any other construction to less than the existing thirteen thousand acres. SEC. 6. I n carrying out the obligations of the United States under any migratory bird treaty, the Migratory Bird Treaty Act (40 Stat. 755), as amended, or the Migratory Bird Conservation Act (45 Stat. ^^ ^^^ '^°' 1222), as amended, waters under the control of the Secretary of the ^^ "^^ ^^^• Interior shall be regulated, subject to valid existing rights, to maintain sump levels in the Tule Lake National Wildlife Refuge at levels established by regulations issued by the Secretary pursuant to the contract between the United States and the Tulelake Irrigation District, dated September 10, 1956, or any amendment thereof. Such regulations shall accommodate to the maximum extent practicable waterfowl management needs. SEC. 7. The Secretary is hereby directed to complete studies that. Research studhave been undertaken relating to the development of the water '*''' resources and waterfowl management potential of the Clear Lake National Wildlife Refuge. The results of such studies, when com- g^esT'* *° ^°"' pleted, and the recommendations of the Secretary shall be submitted to the Congress. SEC. 8. The Secretary may prescribe such regulations as may be necessary to carry out the provisions of this Act. Approved September 2, 1964.

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Page:United States Statutes at Large Volume 78.djvu/894

 852

PUBLIC LAW 88-568-SEPT. 2, 1%4

[78 STAT.

Public Law 88-568 September 2, 1964 [H. R. 3672]

AN ACT To provide for the construction, operation, and maintenance of the Savery-Pot Hook, Bostwick Park, and Fruitland Mesa participating reclamation projects under the Colorado River Storage Project Act.

Be it ermcted by the Senate and House of Representatives of the <f^t^iJk^p'Irk°°'^' ^^^'^^^ States of America, in Congress assembled, That, in order to provide for the construction, operation, and maintenance of the and Fruitland Mesa Federal Savery-Pot Hook Federal reclamation project, Colorado-Wyoming, reclamation projthe Bostwick P a r k Federal reclamation project, Colorado, and the ects. Fruitland Mesa Federal reclamation project, Colorado, as participating projects under the Colorado River Storage Project Act (70 Stat. 105; 43 U.S.C. 620), section 1 of said Act is amended by inserting the words "Savery-Pot Hook, Bostwick Park, Fruitland Mesa," between 43 USC 620a. the words "Seedskadee" and "Silt"; section 2 of said Act is amended by deleting the words "Savery-Pot Hook,", "Bostwick Park,", and 43 USC 620k. "Fruitland Mesa,". The amount which section 12 of said Act authorizes to be appropriated is hereby increased by the sum of $47,000,000 plus or minus such amounts, if any, as may be required by reason of changes in construction costs as indicated by engineering cost indexes applicable to the type of construction involved. This additional sum shall be available solely for the construction of the projects herein authorized. SEC. 2. The Savery-Pot Hook Federal reclamation project shall be constructed and operated substantially in accordance with the engineering plans set out in the report of the Secretary of the Interior transmitted to the Congress on June 25, 1962, and printed as House Document 461, Eighty-seventh Congress. The BostAvick Park Federal reclamation project shall be constructed and operated substantially in accordance with the engineering plans set out in the report of the Secretary of the Interior submitted to the Congress on July 20, 1962, and printed as House Document 487, Eighty-seventh Congress. The Fruitland Mesa Federal reclamation project shall be constru<^ted and operated substantially in accordance with the engineerins; plans set out in the report of the Secretary of the Interior transmitted to Congress on April 19, 1963, and printed as House Document 107, Eighty-eighth Congress. Acreage equivalents expressed in those reports may be modified at the discretion of the Secretary of the Interior. SEC. 3. For the purpose of assisting in the permanent settlement of farm families, protecting project land, facilitating proieot development, and other beneficial purposes, the provisions of the Act of August 28, 1958 (72 Stat. 963), relating to the Seedskadee project in Wyoming, are hereby made equally applicable to the Savery-Pot Hook, Bostwick Park, and Fruitland Mesa projects and all references therein to "Wyoming", "the State of Wyoming", "the laws of the State of Wyoming", or "said State" shall also refer to the State of Colorado to the extent that lands of the said projects are situated therein, except that on the said projects the limitation on lands held in single ownership which may be eligible to receive project water from, through, or by means of project works shall be one hundred and sixty acres of class 1 land as defined for the Bostwick P a r k project or the equivalent thereof in other land classes as determined by the Secretary of the Interior. SEC. 4. (a) Costs of the Bostwick Park, Fruitland Mesa, and Savery-Pot Hook projects, incurred pursuant to section 8 of the Act 43 USC 620g. of April 11, 1956 (70 Stat. 105), including an appropriate share of the aggregate of joint costs allocated to recreation and fish and wildlife enhancement shall be nonreimbursable: Provided, That in the

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


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Page:United States Statutes at Large Volume 78.djvu/895

 78 STAT. ]

PUBLIC LAW 88-569-SEPT. 2, 1964

853

case of the Bostwick P a r k project joint costs allocated to recreation and fish and wildlife enhancement shall in the aggregate be nonreimbursable only to the extent they do not exceed 25 per centum of the cost of joint use land and facilities of that project (joint use land and facilities being defined as land or facilities serving two or more project purposes one of which is recreation or fish and wildlife enhancement) and: Provided further, That provision shall be made for the reimbursement, for the contribution by non-Federal interests, or for the reallocation of joint costs of said project allocated to recreation and fish and wildlife enhancement in excess of the foregoing limit under one or a combination of the following methods as may be determined appropriate by the Secretary: (1) provision by nonFederal interests of lands or interests therein, or facilities required for the project; (2) payment, or repayment, with interest at a rate determined in accordance with section 5(f) of the Act of April 11, 1956, as amended, pursuant to agreement with one or more non-Fed- ^^ ^g^- ^'^^^ eral public bodies; (3) reallocation to other project functions in the same proportion as joint costs are allocated among such functions. (b) I n connection with the Bostwick P a r k and Fruitland Mesa projects the Secretary of the Interior shall transfer lands acquired for the projects within exterior national forest boundaries for administration as national forest, and jurisdiction of national forests lands within the projects shall remain with the Secretary of Agriculture for recreation and other national forest system purposes: Provided, That the lands and waters within the flow lines of a n j reservoir or otherwise needed or used for the operation of the projects for other purposes shall continue to be administered by the Secretary of the Interior to the extent he determines to be necessary for such operation. (c) Costs of means and measures to prevent loss of and damage to fish and wildlife resources shall be considered as project costs and allocated as may be appropriate among other project functions. SEC. 5. For a period of ten years from the date of enactment of this Act, no water from the projects authorized by this Act shall be delivered to any water user for the production of newly irrigated lands of any basic agricultural commodity, as defined in the Agricultural Act of 1949, or any amendment thereof, if the total supply of such ^\,|*p*' ^°^^" commodity for the marketing year in which the bulk of the crop would note. normally be marketed is in excess of the normal supply as defined in section 301(b) (10) of the Agricultural Adjustment Act of 1938, as amended, unless the Secretary of Agriculture calls for an increase in t'^j^^^' '^^^* production of such commodity in the interest of national security. ^^^^' Approved September 2, 1964.

Public Law 88-569 AN ACT

September 2, 1964

To amend the Act of March 10, 1964.

[H. R. 121283

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 6 of the Act of March 10, 1964 (78 Stat. 156), is hereby amended by substituting the figures "$3,200,000" for the figures "$2,000,000". Approved September 2, 1964.

Riverton reclamation project.

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Page:United States Statutes at Large Volume 78.djvu/896

 854

PUBLIC LAW 88-570-SEPT. 2, 1964

[78 STAT.

Public Law 88-570 September 2, 1964

AN ACT

—[H- R. 4844]— Uelating to the release of liability under bonds filed under section 44(d) of the Internal Revenue Code of 1939 with respect to certain installment obligations transmitted at death, and to amend the Internal Revenue Code of 1954 with respect to certain reacquisitions of real property. Taxes. _^ ^ Installment ob-

iigatTJ"ns. °'" " 26^scr*69"^*

Be it enacted by the Senate and House of Representatives of the r/miec;? States of America in Congress assembled, That section 691 of the Internal Revenue Code of 1954 (relating to recipients of income ^^ respect of decedents) is amended by relettering subsection (e) as subsection (f) and by inserting after subsection (d) the following new subsection: "(e) INSTALLMENT OBLIGATIONS TRANSMITTED AT DEATH W H E N PRIOR L A W APPLIED TO TRANSMISSION.—

53 Stat. 24.

26 USC 1031-

1037

"(1) IN GENERAL.—Effective with respect to the first taxable year to which the election referred to in paragraph (2) applies and to each taxable year thereafter, subsection (a)(4) shall apply in the case of installment obligations in respect of which section 44(d) of the Internal Revenue Code of 1939 (or the corresponding provisions of prior law) did not apply by reason of the filing of the bond referred to in such section or provisions. Subsection (c) of this section shall not apply in respect of any amount included in gross income by reason of this paragraph. "(2) ELECTION.—Installment obligations referred to in paragraph (1) may, at the election of the taxpayer holding such obligations, be treated as obligations in respect of which subsection (a)(4) applies. An election under this subsection for any taxable year shall be made not later than the time prescribed by law (including extensions thereof) for filing the return for such taxable year. The election shall be made in such manner as the Secretary or his delegate may by regulations prescribe. "(3) RELEASE OF BOND.—The liability under any bond filed under section 44(d) of the Internal Revenue Code of 1939 (or the corresponding provisions of prior law) in respect of which an election under this subsection applies is hereby released with respect to taxable years to which such election applies." SEC. 2. (a) Part III of subchapter O of chapter 1 of the Internal Revenue Code of 1954 (relating to common nontaxable exchanges) is amended by adding at the end thereof the following new section: "SEC. 1038. CERTAIN REACQUISITIONS OF REAL PROPERTY. " (a) GENERAL RULE.—If—

"(1) a sale of real property gives rise to indebtedness to the seller which is secured by the real property sold, and " (2) the seller of such property reacquires such property in partial or full satisfaction of such indebtedness, then, except as provided in subsections (b) and (d), no gain or loss shall result to the seller from such reacquisition, and no debt shall become worthless or partially worthless as a result of such reacquisition. " (b) AMOUNT OF GAIN RESULTING.—

"(1) IN GENERAL.—In the case of a reacquisition of real property to which subsection (a) applies, gain shall result from such reacquisition to the extent that>-— " (A) the amount of money and the fair market value of other property (other than obligations of the purchaser) received, prior to such reacquisition, with respect to the sale of such property, exceeds

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text:
Page:The Eurypterida of New York Volume 1.pdf/184

  as 6:9 (8.5–10); and in the different outline; the former having a squarish carapace with subparallel sides and straight frontal margin and subrectangular anterior angles, while in the latter species the sides are more convergent and the anterior angles more rounded. Specimens are, however, common which it is difficult to assign to either species, partly on account of their original intermediate form and partly because of secondary changes through lateral compression. The average representatives of  are considerably larger than those of   although a few carapaces of the latter species indicate that it did not fall much short of the other type in size attained. Nevertheless the great majority of the specimens of  obtained in the central New York region are very much smaller. No differences have been observed in the proportions of the abdomen and the appendages (including the metastoma), save perhaps the swimming legs, in which a tendency to greater broadening is observable in, and this has led to the variety.

A variety  of the present species has been distinguished by Hall, in regard to which it is stated that: "The form of the anterior feet and the swimming feet are essentially the same, while the joints of the body are proportionately longer and stronger, furnishing sufficient ground for a variety, but not satisfactory evidence of specific difference." In the explanation of his figures [plate 81C] a note is added saying that further examination with other species has shown that the form has the characters of a distinct species. The difference supposed to rest in the greater length and strength of the abdominal segments is due to the postmortem separation of the segments as far as the stretching of the connecting membranes permitted, while on the other hand, Hall's types of  are all somewhat contracted through sliding of the segments over each other. We have been unable to find other differences and therefore consider  as only a preservation state.


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 78 STAT. ]

PUBLIC LAW 88-570-SEPT. 2, 1964

855

" (B) the amount of the gain on the sale of such property returned as income for periods prior to such reacquisition. " (2) LIMITATION.—The amount of ^ain determined under pararaph (1) resulting from a reacquisition during any taxable year eginning after the date of the enactment of this section shall not exceed the amount by which the price at which the real property was sold exceeded its adjusted basis, reduced by the sum of— " (A) the amount of the gain on the sale of such property returned as income for periods prior to the reacquisition of such property, and " (B) the amount of money and the fair market value of other property (other than obligations of the purchaser received with respect to the sale of such property) paid or transferred by the seller in connection with the reacquisition of such property. For purposes of this paragraph, the price at which real property is sold is the gross sales price reduced by the selling commissions, legal fees, and other expenses incident to the sale of such property which are properly taken into account in determining g a m or loss on such sale. "(3) G A I N RECOGNIZED.—Except as provided in this section, the gain determined under this subsection resulting from a reacquisition to which subsection (a) applies shall be recognized, notwithstanding any other provision of this subtitle. "(c) BASIS or EEACQUIRED REAL PROPERTY.—If subsection (a) applies to the reacquisition of any real property, the basis of such property upon such reacquisition shall be the adjusted basis of the indebtedness to the seller secured by such property (determined as of the date of reacquisition), increased by the sum of— "(1) the amount of the gain determined under subsection (b) resulting from such reacquisition, and "(2) the amount described in subsection (b)(2)(B). If any indebtedness to the seller secured by such property is not discharged upon the reacquisition of such property, the basis of such indebtedness shall be zero.

f

" (d) INDEBTEDNESS TREATED AS WORTHLESS PRIOR TO REACQUISI-

TION.—If, prior to a reacquisition of real property to which subsection (a) applies, the seller has treated indebtedness secured by such property as having become worthless or partially worthless— "(1) such seller shall be considered as receiving, upon the reacquisition of such property, an amount equal to the amount of such indebtedness treated by him as having become worthless, and "(2) the adjusted basis of such indebtedness shall be increased (as of the date of reacquisition) by an amount equal to the amount so considered as received by such seller. " (e) PRINCIPAL RESIDENCES.—If—

"(1) subsection (a) applies to a reacquisition of real property with respect to the sale of which— " (A) an election under section 121 (relating to gain from sale or exchange of residence of an individual who has attained age 65) is in effect, or " (B) gain was not recognized under section 1034 (relating to sale or exchange of residence); and " (2) within one year after the date of the reacquisition of such property by the seller, such property is resold by him, then, under regulations prescribed by the Secretary or his delegate, subsections (b), (c), and (d) of this section shall not apply to the reacquisition of such property and, for purposes of applying sections 31-667 0-65—57

Ante,

p. 38.

68A Stat. 306. 26 USC 1034.

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Page:United States Statutes at Large Volume 78.djvu/898

 856 esAStat.^a^oe 26 USC 1034."

PUBLIC LAW 88-570-SEPT. 2, 1964

^^^ ^ " ^ ^^^"^^ t'^® resale of such property shall be treated as a part of the transaction constituting the original sale of such property. "(f)

76 Stat. 977. 26 USC 593.

[78 STAT.

REACQUISITIONS BY DOMESTIC BUILDING AND LOAN ASSOCIA-

TIONS.—This section shall not apply to a reacquisition of real property by an organization described in section 593(a) (relating to domestic building and loan associations, etc.)." (b) The table of sections for such part III is amended by adding at the end thereof the following: "Sec. 1038. Certain reacquisitions of real property."

(c)(1) The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. (2) If the taxpayer makes an election under this paragraph, the amendments made by this section shall also apply to taxable years beginning after December 31, 1957, except that such amendments shall not apply with respect to any reacquisition of real property in a taxable year for which the assessment of a deficiency, or the credit or refund of an overpayment, is prevented on the date of the enactment of this Act by the operation of any law or rule of law. An election under this paragraph shall be made within one year after the date of the enactment of this Act and shall be made in such form and manner as the Secretary of the Treasury or his delegate shall prescribe by regulations. (3) If an election is made by the taxpayer under paragraph (2), and if the assessment of a deficiency, or the credit or refund of an overpayment, for any taxable year to which such election applies is not prevented on the date of the enactment of this Act by the operation of any law or rule of law— (A) the period within which a deficiency for such taxable year may be assessed (to the extent such deficiency is attributable to the application of the amendments made by this section) shall not expire prior to one year after the date of such election; and (B) the period within which a claim for credit or refund of an overpayment for such taxable year may be filed (to the extent such overpayment is attributable to the application of such amendments) shall not expire prior to one year after the date of such election. No interest shall be payable with respect to any deficiency attributable to the application of such amendments, and no interest shall be allowed with respect to any credit or refund of any overpayment attributable to the application of such amendments, for any period prior to the date of the enactment of this Act. An election by a taxpayer under paragraph (2) shall be deemed a consent to the application of this paragraph. Approved September 2, 1964.

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Page:United States Statutes at Large Volume 78.djvu/899

 78 STAT. ]

PUBLIC LAW 88-571-SEPT. 2, 1964

857

Public Law 88-571 AN ACT

September 2, 1964

To amend the Internal Revenue Code of 1954 to correct certain inequities with respect to the taxation of life insurance companies, and for other purposes.

[H. R. 5739]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) subsection Taxes. Life insurance (e) of section 812 of the Internal Revenue Code of 1954 (rules relat- companies. ing to new companies) is amended to read as follows: 73 Stat. 128 "(e) N E W COMPANY DEFINED.—For purposes of this part, a life ^^ ^^^" insurance company is a new company for any taxable year only if such taxable year begins not more than 5 years after the first day on which it (or any predecessor, if section 381(c) (22) applies or would ^^ "^^ ^^'• have applied if in effect) was authorized to do business as an insurance company." (b) The amendment made by subsection (a) shall apply to a loss from operations for taxable years beginning after December 31, 1955; except that, in the case of a nonqualified corporation as defined in section 812(e)(2)(B) of the Internal Revenue Code of 1954 as in effect before such amendment— (1) a loss from operations for a taxable year beginning in 1956 shall not be an operating loss carryover to the years 1962 and 1963, and there shall be no reduction in the portion of such loss from operations which may be carried to 1964 by reason of an offset with respect to the year 1962 or 1963, and (2) a loss from operations for a taxable year beginning in 1957 shall not be an operating loss carryover to the year 1963, and there shall be no reduction in the portion of such loss from operations which may be carried to 1964 and 1965 by reason of an offset with respect to the year 1963. SEC. 2. Section 815(b)(2)(A) (ii) of the Internal Revenue Code of 1954 (relating to additions to shareholders surplus account) is 26 USC sis. amended by adding at the end thereof the following: "reduced (in the case of a taxable year beginning after December 31, 1961) by the amount referred to in clause (i),". SEC. 3. (a) Section 815(d) of the Internal Revenue Code of 1954 (relating to special rules with respect to distributions to shareholders) is amended by adding at the end thereof the following new paragraph: " (5) REDUCTION OF POLICYHOLDERS SURPLUS ACCOUNT FOR CERTAIN UNUSED DEDUCTIONS. If—

" (A) an amount added to the policyholders surplus account for any taxable year increased (or created) a loss from operations for such year, and " (B) any portion of the increase (or amount created) in the loss from operations referred to in subparagraph (A) did not reduce the life insurance company taxable income for any taxable year to which such loss was carried, the policyholders surplus account for the taxable year referred to in subparagraph (A) shall be reduced by the amount described in subparagraph (B). " (b) Section 6501 of such Code (relating to limitations on assess- 26 USC esoi. ment and collection) is amended by redesignating subsection (k) as subsection (1), and by inserting after subsection (j) the following new subsection: " (k) REDUCTIONS OF POLICYHOLDERS SURPLUS ACCOUNT OF L I F E INSURANCE COMPANIES.—In the case of a deficiency attributable to

the application to the taxpayer of section 815(d)(5) (relating to reductions of policyholders surplus account of life insurance companies

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Page:United States Statutes at Large Volume 78.djvu/900

 858

fa'sta^ iS: 26 USC 812.* 76^sut!*891-^°^' Ante^p. 128'. 26 USC 6511.

PUBLIC LAW 88-571-SEPT. 2, 1964

[78 STAT.

for certain unused deductions), such deficiency may be assessed at any time before the expiration of the period within which a deficiency for the last taxable year to which the loss described in section 815(d)(5) ('^) ^^ carried under section 812(b)(2) may be assessed." (c) Section 6511(d) of such Code (relating to special rules applicable to income taxes with regard to limitations on credit or refund) J^ amended by adding at the end thereof the following new paragraph: "(6) SPECIAL PERIOD or LIMITATION WITH RESPECT TO REDUCTION OP POLICYHOLDERS SURPLUS ACCOUNT OF LIFE INSURANCE COMPANIES. " (A) PERIOD OF LIMITATION.—If the claim for credit or

refund relates to an overpayment arising by operation of section 815(d)(5) (relating to reduction of policyholders surplus account of life insurance companies for certain unused deductions), in lieu of the 3-year period of limitation prescribed in subsection (a), the period shall be that period which ends with the expiration of the 15th day of the 39th month following the end of the last taxable year to which the loss described in section 8 1 5 (d)(5)(A) is carried under section 812(b)(2), or the period prescribed in subsection (c), in respect of such taxable year, whichever expires later. I n the case of such a claim, the amount of the credit or refund may exceed the portion of the tax paid within the period provided in subsection (b)(2) or (c), whichever is applicable, to the extent of the amount of overpayment arising by operation of section 815(d)(5). " (B) APPLICABLE RULES.—If the allowance of a credit or

26 USC 7122.

26 USC 660^1

refund of an overpayment arising by operation of section 815(d)(5) is otherwise prevented by operation of any law Qj. j.y]g Qjf lo^y^^ other than section 7122 (relating to compromises), such credit or refund may be allowed or made, if claim therefor is filed within the period provided in subparagraph (A) of this paragraph. I n the case of any such claim for credit or refund, the determination by any court, including the Tax Court, in any proceeding in which the decision of the court has become final, shall be conclusive except with respect to the effect of the operation of section 815(d)(5), to the extent such effect of the operation of section 815(d)(5) was not in issue in such proceeding.*' (^^ Section 6601(e) of such Code (relating to income tax reduced by carryback with regard to interest on underpayment, nonpayment, or extensions of time for payment of tax) is amended— (1) by striking out the heading and inserting in lieu thereof the following: " (e) INCOME TAX REDUCED BY CARRYBACK OR ADJUSTMENT FOR CERTAIN UNUSED DEDUCTIONS.—"; and

(2) by adding at the end thereof the following new paragraph: " (3) ADJUSTMENT FOR CERTAIN UNUSED DEDUCTIONS OF LIFE INSURANCE COMPANIES.—If the amount of any tax imposed by

26 USC 6611.

subtitle A is reduced by operation of section 815(d)(5) (relating to reduction of policyholders surplus account of life insurance companies for certain unused deductions), such reduction in tax shall not affect the computation of interest under this section for the period ending with the last day of the last taxable year to which the loss described in section 815(d)(5)(A) is carried under section 812(b)(2). " ^gj Section 6611(f) of such Code (relating to interest on refunds of income tax caused by carryback) is amended—

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 78 STAT. ]

PUBLIC LAW 88-571-SEPT. 2, 1964

859

(1) by striking out the heading and inserting in lieu thereof the following: " (f) EEFUND OF INCOME TAX CAUSED BY CABRYBACK O ADJUSTMENT FOR CERTAIN UNUSED DEDUCTIONS.—"; and R (2) by adding at the end thereof the following new paragraph: "(3) ADJUSTMENT FOR CERTAIN UNUSED DEDUCTIONS OF LIFE INSURANCE COMPANIES.—For purposes of subsection (a), if any

overpayment of tax imposed by subtitle A arises by operation of section 815(d)(5) (relating to reduction of policyholders sur^nte.p.ssT. plus account of lite insurance companies for certain unused deductions), such overpayment shall be deemed not to have been made prior to the close of the last taxable year to which the loss described in section 8 1 5 (d)(5)(A) is carried under section 812(b)(2)." ^^-s^--(f) The amendments made by this section shall apply with respect to amounts added to policyholders surplus accounts (within the meaning of section 815(c) of the Internal Revenue Code of 1954) for 26 USC sis. taxable years beginning after December 31, 1958. SEC. 4. (a) Section 815 of the Internal Revenue Code of 1954 (relating to distributions to shareholders) is amended— (1) by striking out the second and third sentences of subsection (a), and (2) by adding at the end thereof the following new subsection: " (f) DISTRIBUTION DEFINED.—For purposes of this section, the term 'distribution' includes any distribution in redemption of stock or in partial or complete liquidation of the corporation, but does not include— "(1) any distribution made by the corporation in its stock or in rights to acquire its stock; "(2) except for purposes of subsection (a)(3) and subsection (e)(2)(B), any distribution in redemption of stock issued before 1958 which at all times on and after the date of issuance and on and before the date of redemption is limited as to dividends and is callable, at the option of the issuer, at a price not in excess of 105 percent of the sum of the issue price and the amount of any contribution to surplus made by the original purchaser at the time of his purchase; or (3) any distribution after December 31, 1963, of the stock of a controlled corporation to which section 355 applies, if such con- esA Stat. l u. trolled corporation is an insurance company subject to the tax ^^ ^^^ ^^^" imposed by section 831 and if— ^^^ ^*^*- ^^^" " (A) control was acquired prior to January 1, 1958, or 26 USC 831. " (B) control has been acquired after December 31, 1957— " (i) in a transaction qualifying as a reorganization under section 3 6 8 (a)(1)(B), if the distributing cor- 26 USC 368. poration has at all times since December 31, 1957, owned stock representing not less than 50 percent of the total combined voting power of all classes of stock entitled to vote, and not less than 50 percent of the value of all classes of stock, of the controlled corporation, or "(ii) solely in exchange for stock of the distributing corporation which stock is immediately exchanged by the controlled corporation in a transaction qualifying as a reorganization under section 368(a)(1)(A) or (C), if the controlled corporation has at all times since its organization been wholly owned by the distributing corporation and the distributing corporation has at all times since December 31, 1957, owned stock representing not less than 50 percent of the total combined voting power of all classes of stock entitled to vote, and

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 860

2ruic'i68^°"

73 Stat. 119 26 USC 805. 75 Stat. 801. 26 USC 403.

26 USC 613.

Ante, p. 99.

PUBLIC LAW 88-571-SEPT. 2, 1%4

[78 STAT.

not less than 50 percent of the value of all classes of stock, of the corporation the assets of which have been transferred to the controlled corporation in the section 368(a)(1)(A) or (C) reorganization. Paragraph (3) shall not apply to that portion of the distribution of stock of the controlled corporation equal to the increase in the aggregate adjusted basis of such stock after December 31, 1957, except to the extent such increase results from an acquisition of stock in the controlled corporation in a transaction described in subparagraph (B) of such paragraph. If any part of the increase in the aggregate adjusted basis of stock of the controlled corporation after December 31, 1957, results from the transfer (other than as part of a transaction described in paragraph (3)(B)) by the distributing corporation to the controlled corporation of property which has a fair market value in excess of its adjusted basis at the time of the transfer, paragraph (3) also shall not apply to that portion of the distribution equal to such excess." (b) The amendments made by subsection (a) shall apply to taxable years beginning after December 31, 1963. SEC. 5. (a) Section 805(d)(1) of the Internal Revenue Code of 1954 (relating to pension plan reserves) is amended by inserting before the period at the end of s u b p a r a ^ a p h (D) the following: ", or purchased to provide retirement annuities for employees described in section 403(b)(1)(A) (ii) by an employer which is a State, a political subdivision of a State, or an agency or instrumentality of any one or more of the foregoing". (b) The amendment made by subsection (a) shall apply to taxable years beginning after December 31, 1963. SEC. 6. (a) Section 613(b) of the Internal Revenue Code of 1954 (relating to percentage depletion rates) is amended— (1) by striking out "beryl," in paragraphs (2)(B) and (6); and (2) by inserting "beryllium," after "antimony," in paragraph (b) The amendments made by subsection (a) shall apply to taxable years beginning after December 31, 1963. SEC. 7. (a) Section 1212(a) of the Internal Revenue Code of 1954 (relating to capital loss carryovers of corporations) is amended to read as follows: "(a)

CORPORATIONS.—

"(1) IN GENERAL.—If for any taxable year a corporation has a net capital loss, the amount thereof shall be a short-term capital loss— " (A) in each of the 5 succeeding taxable years, or " (B) to the extent such loss is attributable to a foreign expropriation capital loss, in each of the 10 succeeding taxable years, to the extent such amount exceeds the total of any net capital gains (determined without regard to this paragraph) of any taxable years intervening between the taxable year in which the net capital loss arose and such succeeding taxable year. "(2)

DEFINITIONS AND SPECIAL RULES.— " (A) FOREIGN EXPROPRIATION CAPITAL LOSS DEFINED.—For

purposes of this subsection, the term 'foreign expropriation capital loss' means, for any taxable year, the sum of the losses taken into account in computing the net capital loss for such year which are— "(i) losses sustained directly by reason of the expropriation, intervention, seizure, or similar taking of prop-

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Page:United States Statutes at Large Volume 78.djvu/903

 78 STAT. ]

PUBLIC LAW 88-572-SEPT. 2, 1964

erty by the government of any foreign country^, any political subdivision thereof, or any agency or instrumentality of the foregoing, or "(ii) losses (treated under section 165(g)(1) as losses from the sale or exchange of capital assets) from securities which become worthless by reason of the expropriation, intervention, seizure, or similar taking of property by the government of any foreign country, any political subdivision thereof, or any agency or instrumentality of the foregoing.

861

68A Stat. 49. 26 USC 165.

" (B) PORTION or LOSS ATTRIBUTABLE TO FOREIGN EXPROPRIATION CAPITAL LOSS.—FoT purposes of paragraph (1), the por-

tion of any net capital loss for any taxable year attributable to a foreign expropriation capital loss is the amount of the foreign expropriation capital loss for such year (but not in excess of the net capital loss for such year). " (C) PRIORITY or APPLICATION.—For purposes of paragraph (1), if a portion of a net capital loss for any taxable year is attributable to a foreign expropriation capital loss, such portion shall be considered to be a separate net capital loss for such year to be applied after the other portion of such net capital loss." (b) The amendment made by subsection (a) shall apply with respect to net capital losses (to the extent attributable to foreign expropriation capital losses, as defined in section 1212(a)(2)(A) of the Internal Revenue Code of 1954) sustained in taxable years ending after December31, 1958. Approved September 2, 1964.

"*"'*' P- ^^°

Public Law 88-572 AN ACT September 2, 1964 To authorize the Secretary of the Army to acquire the building constructed on [H. R. 9803] the Fort Jay Military Reservation, New York, by the Young Men's Christian Association.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary ^^f °^ ^^^ '^^!^" of the Army is authorized to acquire on behalf of the United States, N.Y. *'''"^^*'°"' out of funds appropriated pursuant to section 2 of this Act, fee simple title to the building constructed on the Fort J a y Military Reservation, New York, by the Young Men's Christian Association. SEC. 2. The purchase price for the property acquired under this Act fofbuUdii!^"°" shall be $150,000, provided that no funds may be expended for acqui- "^ "' '"^' " sition of title to the property in the absence of specific appropriation of funds for such acquisition, which appropriation is hereby authorized. Approved September 2, 1964.

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Page:United States Statutes at Large Volume 78.djvu/904

 862

PUBLIC LAW 88-573-SEPT. 2, 1964

[78 STAT.

Public Law 88-573 September 2, 1964 [H. R. 11202]

Department of Agricultvire and Related Agencies Appropriation Act, 1965.

AN ACT Making appropriations for the Department of Agriculture and related agencies for the fiscal year ending June 30, 1965, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the Department of Agriculture and related agencies for the fiscal year ending June 30, 1965, and for other purposes; namely: DEPARTMENT OF AGRICULTURE TITLE I—GENERAL ACTIVITIES AGRICULTURAL RESEARCH SERVICE SALARIES A N D

58 Stat. 742. 60 Stat. 810.

58 Stat. 742.

EXPENSES

For expenses necessary to perform agricultural research relating to production, utilization, marketing, nutrition and consumer use, to control and eradicate pests and plant and animal diseases, and to perform related inspection, quarantine and regulatory work, and meat inspection: Provided, That appropriations hereunder shall be available for field employment pursuant to the second sentence of section 706(a) of the Organic Act of 1944 (5 U.S.C. 574), and not to exceed $75,000 shall be available for employment under section 15 of the Act of August 2, 1946 (5 U.S.C. 55a): Provided further, That appropriations hereunder shall be available for the operation and maintenance of aircraft and the purchase of not to exceed two for replacement only: Provided further, That appropriations hereunder shall be available pursuant to title 5, United States Code, section 565a, for the construction, alteration, and repair of buildings and improvements, but unless otherwise provided, the cost of constructing any one building (except headnouses connecting greenhouses) shall not exceed $20,000, except for six buildings to be constructed or improved at a cost not to exceed $45,000 each, and the cost of altering any one building during the fiscal year shall not exceed $7,500 or 7.5 per centuin of the cost of the building, whichever is greater: Provided further, That the limitations on alterations contained in this Act shall not apply to a total of $100,000 for facilities at Beltsville, Maryland: Research: For research and demonstrations on the production and utilization of agricultural products; agricultural marketing and distribution, not otherwise provided for; home economics or nutrition and consumer use of agricultural and associated products; and related research and services; and for acquisition of land by donation, exchange, or purchase at a nominal cost not to exceed $100, $114,991,000, plus not to exceed the following amounts, to remain available until expended, for the planning, construction, alteration, and equipping of research facilities: $1,000,000 for crops research facilities at Fort Collins, Colorado; $850,000 for facilities at the Agricultural Research Center, Beltsville, Maryland; $800,000 for a storedproduet insects laboratory, Savannah, Georgia; $260,000 for plans for a livestock insects and toxicology laboratory. College Station, Texas; $338,000 for plans for a plant disease, nematode, and insect laboratory, Beltsville, Maryland; $160,000 for plans for an insect attractants and stored-product insects laboratory, Gainesville, Florida; $l,000j000 for a peanut quality research laboratory, at Dawson, Georgia, on a site acquired by donation; and $240,000 for plans for a

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Page:United States Statutes at Large Volume 78.djvu/905

 78 STAT. 1

PUBLIC LAW 88-573-SEPT. 2, 1964

Western cotton insects and physiology laboratory, Tempe, Arizona; a cotton disease laboratory, College Station, Texas; a cotton physiology laboratory, Stoneville, Mississippi; pilot cotton ginning facilities at Stoneville, Mississippi, and Mesilla Park, New Mexico; and facilities in the High Plains region in Texas for cotton ginning and storage research; in all, $119,639,000: Provided, That the limitations contained herein shall not apply to replacement of buildings needed to carry out the Act of April 24, 1948 (21 U.S.C. 113 (a)); ' Plant and animal disease and pest control: For operations and measures, not otherwise provided for, to control and eradicate pests and plant and animal diseases and for carrying out assigned inspection, quarantine, and regulatory activities, as authorized by law, including expenses pursuant to the Act of February 28, 1947, as amended (21 U.S.C. 114b-c), $68,793,200, of which $1,500,000 shall be apportioned for use pursuant to section 3679 of the Revised Statutes, as amended, for the control of outbreaks of insects and plant diseases to the extent necessary to meet emergency conditions: Provided, That no funds shall be used to formulate or administer a brucellosis eradication program for the current fiscal year that does not require minimum matching by any State of at least 40 per centum: Provided further, That no funds in excess of $250,000 shall be available for carrying out the screwworm eradication program that does not require minimum matching by State or local sources of at least 50 per centum of the expenses of production, irradiation, and release of the screwworm flies: Provided further, That, in addition, in emergencies which threaten the livestock or poultry industries of the country, the Secretary may transfer from other appropriations or funds available to the agencies or corporations of the Department such sums as he may deem necessary, to be available only in such emergencies for the arrest and eradication of foot-and-mouth disease, rinderpest, contagious pleuropneumonia, or other contagious or infectious diseases of animals, or European fowl pest and similar diseases in poultry, and for expenses in accordance with the Act of February 28, 1947, as amended, and any unexpended balances of funds transferred under this head in the next preceding fiscal year shall be merged with such transferred amounts; Meat inspection: For carrying out the provisions of laws relating to Federal inspection of meat, and meat-food products, and the applicable provisions of the laws relating to process or renovated butter, $30,837,000; Special fund: To provide for additional labor to be employed under contracts and cooperative agreements to strengthen the work at research installations in the field, not more than $1,000,000 of the amount appropriated under this head for the previous fiscal year may be used by the Administrator of the Agricultural Research Service in departmental research programs in the current fiscal year, the amount so used to be transferred to and merged with the appropriation otherwise available under "Salaries and expenses. Research".

863

\\ ^ta^ /^^S;

^i stat^, 7.^

SALARIES AND EXPENSES (SPECIAL FOREIGN CURRENCY PROGRAM)

For payments in foreign currencies which accrue under title I of the Agricultural Trade Development and Assistance Act of 1954, as amended (7 U.S.C. 1704), for market development research authorized by section 104(a) and for agricultural and forestry research and other functions related thereto authorized by section 104(k) of the Agricultural Trade Development and Assistance Act of 1954, as amended (7 U.S.C. 1704(a)(k)), to remain available until expended, $2,000,000: Provided, That this appropriation shall be available in addition to other appropriations for these purposes, for payments in

^s Stat. 456.

^^ Stat. 275.

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Page:United States Statutes at Large Volume 78.djvu/906

 864

•JSISA%06^''

7 USC 1704.

58 Stat. 742. 60 Stat. 810.

PUBLIC LAW 88-573-SEPT. 2, 1964

[78 STAT.

the foregoing currencies: Provided further, That funds appropriated herein shall be used for payments in such foreign currencies as the Department determines are needed and can be used most effectively to carry out the purposes of this paragraph, and such foreign currencies shall, pursuant to the provisions of section 104(a), be set aside for sale to the Department before foreign currencies which accrue under said title I are made available for other United States uses: Provided further, That not to exceed $25,000 of this appropriation shall be available for payments in foreign currencies for expenses of employment pursuant to the second sentence of section 706(a) of the Organic Act gf ^944 (5 XJ.S.C. 574), as amended by section 15 of the Act of August 2, 1946 (5 U.S.C. 55a). FOREST SERVICE FOREST PROTECTION AND UTILIZATION

For an additional amount for "Forest protection and utilization", for Forest research, $1,900,000, of which $50,000 for Forest research construction shall remain available until expended. COOPERATIVE STATE RESEARCH SERVICE PAYMENTS AND EXPENSES

69 Stat. 671. 76 Stat. 806. 7 USC 390. 7^us*c*"36^if^'

For payments to agricultural experiment stations, for grants for cooperative forestry research, for oasic scientific research, and for faculties, and for other expenses, including $45,113,000 to carry into effect the provisions of the Hatch Act, approved March 2, 1887, as amended by the Act approved August 11, 1955 (7 U.S.C. 361a-361i), including administration by the United States Department of Agriculture; $1,000,000 for grants for cooperative forestry research under the Act approved October 10, 1962 (16 U.S.C. 582a-582a-7); $3,242,000 for grants for facilities under the Act approved July 22, 1963 (77 Stat. 90); $310,000 for penalty mail costs of agricultural experiinent stations under section 6 of the Hatch Act of 1887, as amended; and $267,000 for necessary expenses of the Cooperative State Research Service, including administration of payments to State agricultural experiment stations, funds for employment pursuant to the second sentence of section 706(a) of the Organic Act of 1944 (5 U.S.C. 574), and not to exceed $30,000 for employment under section 15 of the Act of August 2, 1946 (5 U.S.C. 55a); in all, $49,932,000. EXTENSION SERVICE COOPERATIVE EXTENSION WORK, PAYMENTS AND EXPENSES

Jl ^^^^kA^' 76 Stat." 745! 60 Stat. 1089.

Payments to States and Puerto Rico: For payments for cooperative agricultural extension work under the Smith-Lever Act, as amended by the Act of June 26, 1953, the Act of August 11, 1955, and the Act of October 5, 1962 (7 U.S.C. 341-349), $70,530,000; and payments and contracts for such work under section 204(b)-205 of the Agricultural Marketing Act of 1946 (7 U.S.C. 1623-1624), $1,570,000; in all, $72,100,000: Provided, That funds hereby appropriated pursuant to section 3(c) of the Act of June 26, 1953, shall not b e l a i d to any State or Puerto Rico prior to availability of an equal sum from non-Federal sources for expenditure during the current fiscal year. Retirement and Employees' Compensation costs for extension agents: For cost of employer's share of Federal retirement and for reimbursement for benefits f)aid from the Employees' Compensation Fund for cooperative extension employees, $7,510,000.

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 78 STAT. ]

PUBLIC LAW 88-573-SEPT. 2, 1964

865

Penalty mail: For costs of penalty mail for cooperative extension agents and State extension directors, $3,113,000. Federal Extension Service: For administration of the Smith-Lever Act, as amended by the Act of June 26, 1953, the Act of August 11, e? Stat. ss; Stat. 1955, and the Act of October 5, 1962 (7 U.S.C. 341-349), and extension 69 Stat. 683; '='' 745. ^' 76 aspects of the Agricultural Marketing Act of 1946 (7 U.S.C. 16211627), and to coordinate and provide program leadership for the extension work of the Department and the several States and insular possessions, $2,451,000. FARMEE COOPERATIVE SERVICE SALARIES AND EXPENSES

For necessary expenses to carry out the Act of July 2, 1926 (7 U.S.C. 451-457), and for conducting research relating to the economic and marketing aspects of farmer cooperatives, as authorized by the Agricultural Marketing Act of 1946 (7 U.S.C. 1621-1627), $1,102,000.

'*'* ^*^*- ^°2. ^o Stat. io87.

SOIL CONSERVATION SERVICE CONSERVATION OPERATIONS

For necessary expenses for carrying out the provisions of the Act of April 27, 1935 (16 U.S.C. 590a-590f), including preparation of conservation plans and establishment of measures to conserve soil and water (including farm irrigation and land drainage and such special measures as may be necessary to prevent floods and the siltation of reservoirs); operation of conservation nurseries; classification and mapping of soil; dissemination of information; purchase and erection or alteration of permanent buildings; and operation and maintenance of aircraft, $100,511,000: Provided, That the cost of any permanent building purchased, erected, or as improved, exclusive of the cost of constructing a water supply or sanitary system and connecting the same to any such building and with the exception of buildings acquired in conjunction with land being purchased for other purposes, shall not exceed $2,500, except for one building to be constructed at a cost not to exceed $25,000 and eight b u i l d i n g to be constructed or improved at a cost not to exceed $15,000 per building and except that alterations or improvements to other existing permanent buildings costing $2,500 or more may be made in any fiscal year in an amount not to exceed $500 per building: Provided further, That no part of this appropriation shall be available for the construction of any such building on land not owned by the Government: Provided further, That no part of this appropriation may be expended for soil and water conservation operations under the Act of April 27, 1935 (16 U.S.C. 590a-590f), in demonstration projects: Provided further, That this appropriation shall be available for field employment pursuant to the second sentence of section 706(a) of the Organic Act of 1944 (5 U.S.C. 574), and not to exceed $5,000 shall be available for employment under section 15 of the Act of August 2, 1946 (5 U.S.C. 55a): Provided further. That qualified local engineers may be temporarily employed at per diem rates to perform the technical planning work of the service. WATERSHED

PLANNING

For necessary expenses for small watershed investigations and planning, $5,524,000.

49 Stat. les.

58 s t a t. 742.

^o Stat. sio.

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 866

PUBLIC LAW 88-573-SEPT. 2, 1964

[78 STAT.

WATERSHED PROTECTION

68 Stat. 666.

58 Stat. 742. 60 Stat. 810.

For necessary expenses to conduct river basin surveys and investigations, and research and to carry out preventive measures, including, but not limited to, engineering operations, methods of cultivation, the growing of vegetaition, and changes in use of land, in accordance with the Watershed Protection and Flood Prevention Act, approved August 4, 1954, as amended (16 U.S.C. 1001-1008), and the provisions of the Act of April 27, 1935 (16 U.S.C. 590a-f), to remain available until expended, $60,324,000, with which shall be merged the unexpended balances of funds heretofore appropriated or transferred to the Department for watershed protection purposes: Provided, That this appropriation shall be available for field employment pursuant to the second sentence of section 706(a) of the Organic Act of 1944 (5 XJ.S.C. 574), and not to exceed $100,000 shall be available for employment under section 15 of the Act of August 2, 1946 (5 U.S.C. 55a): Provided further, That not to exceed $4,000,000, together with the unobligated balance of funds previously appropriated for loans and related expense, shall be available for such purposes. FLOOD PREVENTION

Suscmf: 70 ih. 70 Stat. 1090.

For necessary expenses, in accordance with the Flood Control Act, approved June 22, 1936 (33 U.S.C. 701-709, 16 U.S.C. 1006a), as amended and supplemented, and in accordance with the provisions of laws relating to the activities of the Department, to perform works of improvement, including funds for field employment pursuant to the second sentence of section 706(a) of the Organic Act of 1944 (5 U.S.C. 574), and not to exceed $100,000 for employment under section 15 of the Act of August 2, 1946 (5 U.S.C. 55a), to remain available until expended; $25,423,000, with which shall be merged the unexpended balances of funds heretofore appropriated or transferred to the Department for flood prevention purposes: Provided, That no part of such funds shall be used for the purchase of lands in the Yazoo and Little Tallahatchie watersheds without specific approval of the county board of supervisors of the county in which such lands are situated: Provided further, That not to exceed $1,000,000, together with the unobligated balance of funds previously appropriated for loans and related expense, shall be available for such purposes. GREAT PLAINS CONSERVATION PROGRAM

70 Stat. 1115.

For necessary expenses to carry into effect a program of conservation in the Great Plains area, pursuant to section 16(b) of the Soil Conservation and Domestic Allotment Act, as added by the Act of August 7, 1956 (16 U.S.C. 590p), $14,744,000, to remain available until expended. RESOURCE CONSERVATION

49 Stat. 163.

7^u?c*i9^22^' 1929.

A N D DEVELOPMENT

For necessary expenses in planning and carrying out projects for resource conservation and development, and for sound land use, pursuant to the provisions of section 32(e) of title III of the BankheadJones F a r m Tenant Act, as amended (7 U.S.C. 1011; 76 Stat. 607), and the provisions of the Act of April 27, 1935 (16 U.S.C. 590a-f), $1,770,000, to remain available until expended: Provided, That not to exceed $5(K),000 of such amount shall be available for loans and related expenses under subtitle A of the Consolidated Farmers Home Administration Act of 1961, as amended: Provided further, That this appropriation shall be available for field employment pursuant to the second sentence of section 706(a) of the Organic Act of 1944 (5 U.S.C. 574),

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 78 STAT. ]

PUBLIC LAW 88-573-SEPT. 2, 1964

867

and not to exceed $50,000 shall be available for employment under section 15 of the Act of August 2, 1946 (5 U.S.C. 55a). ECONOMIC RESEARCH SERVICE SALARIES AND EXPENSES

For necessary expenses of the Economic Research Service in conducting economic research and service relating to agricultural production, marketing, and distribution, as authorized by the Agricultural Marketing Act of 1946 (7 U.S.C. 1621-1627), and other laws, including economics of marketing; analyses relating to farm prices, income and population, and demand for farm products, use of resources in agriculture, adjustments, costs and returns in farming, and farm finance; and for analyses of supply and demand for farm products in foreign countries and their effect on prospects for United States exports, progress in economic development and its relation to sales of farm products, assembly and analysis of agricultural trade statistics and analysis of international financial and monetary programs and policies as they affect the competitive position of United States farm products; $10,576,000: Provided, That not less than $350,000 of the funds contained in this appropriation shall be available to continue to gather statistics and conduct a special study on the price spread between the farmer and consumer: Provided further, That this appropriation shall be available for employment pursuant to the second sentence of section 706(a) of the Organic Act of 1944 (5 U.S.C. 574), and not to exceed $75,000 shall be available for employment under section 15 of the Act of August 2, 1946 (5 U.S.C. 55a): Provided further, That not less than $145,000 of the funds contained in this appropriation shall be available for analysis of statistics and related facts on foreign production and full and complete information on methods used by other countries to move farm commodities in world trade on a competitive basis. STATISTICAL REPORTING SERVICE SALARIES AND EXPENSES

For necessary expenses of the Statistical Reporting Service in conducting statistical reporting and service work, including crop and livestock estimates, statistical coordination and improvements, and marketing surveys, as aut\iorized by the Agricultural Marketing Act of 1946 (7 U.S.C. 1621-1627) and other laws, $11,481,000: Provided, That no part of the funds herein appropriated shall be available for any expense incident to publishing estimates of apple production for other than the commercial crop. AGRICULTURAL MARKETING SERVICE MARKETING SERVICES

For expenses necessary to carry on services related to agricultural marketing and distribution as authorized by the Agricultural Marketing Act of 1946 (7 U.S.C. 1621-1627) and other laws, including the administration of marketing regulatory acts connected therewith and for administration and cooraination of payments to States; and this appropriation shall be available for field employment pursuant to section 706(a) of the Organic Act of 1944 (5 U.S.C. 574), and not to exceed $25,000 shall be available for employment at rates not to exceed $75 per diem under section 15 of the Act of August 2, 1946 (5 U.S.C.

^o Stat. los?.

ss Stat. 742.

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Page:United States Statutes at Large Volume 78.djvu/910

 868 52 Stat. 36 60 Stat. 10 7°usc**i622^^' 7 USC 1622

PUBLIC LAW 88-573-SEPT. 2, 1964

[78 STAT.

55a), in carrying out section 201(a) to 201 (d), inclusive, of title II of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1291) and section ^^^ (J) °* *^® Agricultural Marketing Act of 1946; $39,566,000. P A Y M E N T S TO STATES A N D POSSESSIONS

For payments to departments of agriculture, bureaus and departments of markets, and similar agencies for marketing activities under section 204(b) of the Agricultural Marketing Act of 1946 (7 U.S.C. 1623(b)), $1,500,000. SPECIAL M I L K

75 Stat 319

49 Stat 774 7 USC 612c. 75 Stat 294 7 USC 1911 note.

60 Stat 230 76 Stat. 944.

PROGRAM

For necessary expenses to carry out the Special Milk Program, as authorized by the Act of August 8, 1961 (7 U.S.C. 1446, note), $103,000,000, of which $51,500,000 shall be derived by transfer from funds available under section 32 of the Act of August 24, 1935 (7 U.S.C. 612): Provided, That hereafter appropriations under this head shall be made in accordance with the provisions of Public Law 87-128. SCHOOL L U N C H

PROGRAM

For necessary expenses to carry out the provisions of the National School Lunch Act, as amended (42 U.S.C. 1751-1760), $146,400,000: Provided, That no part of this appropriation shall be used for nonfood assistance under section 5 of said Act: Provided further, That $45,000,000 shall be transferred to this appropriation from funds available under section 32 of the Act of August 24, 1935, for purchase and distribution of agricultural commodities and other foods pursuant to section 6 of the National School Lunch Act. REMOVAL OF S U R P L U S AGRICULTURAL

COMMODITIES

(SECTION 3 2)

\l use ilil' note. ^ 50y|t^t- 246. 75 Stat. 294. 7 USC 1911 "°*^' 77 Stat. 820.

No funds available under section 32 of the Act of August 24, 1935 (7 U.S.C. 612c) shall be used for any purpose other than commodity program expenses as authorized therein, and other related operating expenses, except for (1) transfers to the Department of the Interior ^^ authorized by the Fish and Wildlife Act of August 8, 1956, (2) transfers otherwise provided in this Act, (3) not more than $2,924,000 for formulation and administration of marketing agreements and orders pursuant to the Agricultural Marketing Agreement Act of 1937, as amended, and the Agricultural Act of 1961, (4) not more thau $35,000,000 for expenses for the Pilot Food Stamp Program and (5) not in excess of $12,175,000 to be used to increase domestic consumption of farm commodities pursuant to authority contained in Public Law 88-250, the Department of Agriculture and Related Agencies Appropriation Act, 1964, of which amount $500,000 shall remain available until expended for construction, alteration and modification of research facilities. FOREIGN AGRICULTURAL

SERVICE

SALARIES AND EXPENSES

68 Stat. 908.

For necessary expenses for the Foreign Agricultural Service, including carrying out title VI of the Agricultural Act of 1954 (7 U.S.C. 1761-1768), market development activities abroad, and for enabling the Secretary to coordinate and integrate activities of the Department in connection with foreign agricultural work, including not to exceed $35,000 for representation allowances and for expenses pursu-

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 78 STAT. ]

PUBLIC LAW 88-573-SEPT. 2, 1964

ant to section 8 of the Act approved August 3, 1956 (7 U.S.C. 1766), $20,488,000: Provided, That not less than $255,000 of the funds contained in this appropriation shall be available to obtain statistics and related facts on foreign production and full and complete information on methods used by other countries to move farm commodities in world trade on a competitive basis: Provided further, That, in addition, not to exceed $3,117,000 of the funds appropriated by section 32 of the Act of August 24, 1935, as amended (7 U.S.C. 612c), shall be merged with this appropriation and shall be available for all expenses of the Foreign Agricultural Service.

869 ^^ «*-*• ^034.

^9 Stat. 774.

COMMODITY EXCHANGE AUTHORITY SALARIES AND EXPENSES

For necessary expenses to carry into effect the provisions of the Commodity Exchange Act, as amended (7 U.S.C. l-17a), $1,119,000.

Jl^^^^\^^^;

AGRICULTURAL STABILIZATION AND CONSERVATION SERVICE EXPENSES, AGRICULTURAL STABILIZATION AND CONSERVATION SERVICE

For necessary administrative expenses of the Agricultural Stabilization and Conservation Service, including expenses to formulate and carry out programs authorized by title III of the Agricultural Adjustment Act of 1938, as amended (7 U.S.C. 1301-1393); Sugar Act of 1948, as amended (7 U.S.C. 1101-1161); sections 7 to 15,16(a), 16(d), 16(e), 16(f), and 17 of the Soil Conservation and Domestic Allotment Act, as amended (16 U.S.C. 590g-590q; 7 U.S.C. 1010-1011) as added by section 132 of the Act of August 8. 1961; subtitles B and C of the Soil Bank Act (7 U.S.C. 1831-1837, 1802-1814, and 1816); and laws pertaining to the Commodity Credit Corporation, $105,602,000: Provided, That, in addition, not to exceed $87,508,000 may be transferred to and merged with this appropriation from the Commodity Credit Corporation fund (including not to exceed $35,668,000 under the limitation on Commodity Credit Corporation administrative expenses): Provided further, That other funds made available to Agricultural Stabilization and Conservation Service for authorized activities may be advanced to and merged with this appropriation: Provided further. That no part of the funds appropriated or made available under this Act shall be used, (1) to influence the vote in any referendum; (2) to influence agricultural legislation, except as permitted in 18 U.S.C. 1913; or (3) for salaries or other expenses of members of county and community committees established pursuant to section 8(b) of the Soil Conservation and Domestic Allotment Act, as amended, for engaging in any activities other than advisory and supervisory duties and delegated program function prescribed in administrative regulations. SUGAR

ACT

PROGRAM

For necessary expenses to carry into effect the provisions of the Sugar Act of 1948 (7 U.S.C. 1101-1161), $90,000,000, to remain available until June 30 of the next succeeding fiscal year. AGRICULTURAL

CONSERVATION

PROGRAM

For necessary expenses to carry into effect the program authorized in sections 7 to 15,16 (a), and 17 of the Soil Conservation and Domestic Allotment Act, approved February 29, 1936, as amended (16 U.S.C. 590g-590(o), 590p(a), and 590q), including not to exceed $6,000 for

" Stat. 38. ^i Stat. 922. % |;f^; \\f75 stat! 302! ^^1^^,%^^^'

^^ ^'^** '^^'^• ^2 stau z\.^^

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Page:United States Statutes at Large Volume 78.djvu/912

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PUBLIC LAW 88-573-SEPT. 2, 1964

^6 stat^ n 10;

77 Stat. 827.

49 Stat. 590 6 USC 1148.

590q.

^"

53 Stat. 1147; ^^5 USC ^nsk note. 62 Stat. 792.

[78 STAT.

the preparation and display of exhibits, including such displays at State, interstate, and international fairs within the United States, $225,000,000, to remain available until December 31 of the next succeeding fiscal year for compliance with the programs of soil-building and soil- and water-conserving practices authorized under this head in the Department of Agriculture and Related Agencies Appropriation Acts, 1963 and 1964, carried out during the period July 1, 1962, to December 31, 1964, inclusive: Provided, That none of the funds herein appropriated shall be used to pay the salaries or expenses of any regional information employees or any State information employees, but this shall not preclude the answering of inquiries or supplying of information at the county level to individual farmers: Provided further, That no portion of the funds for the current year's program may be utilized to provide financial or technical assistance for drainage on wetlands now designated as Wetland Types 3 ( III), 4 ( IV), and 5 (V) in United States Department of the Interior, Fish and Wildlife Service Circular 39, Wetlands of the United States, 1956: Provided further, That necessary amounts shall be available for administrative expenses in connection with the formulation and administration of the 1965 program of soil-building and soil- and water-conserving practices, including related wildlife conserving practices, under the Act of February 29, 19-36, as amended (amounting to $220,000,000, excluding administration, except that no participant shall receive more than $2,500, except where the participants from two or more farms or ranches join to carry out approved practices designed to conserve or improve the agricultural resources of the community): Provided further, That not to exceed 5 per centum of the allocation for the current year's agricultural conservation program for any county may, on the recommendation of such county committee and approval of the State committee, be withheld and allotted to the Soil Conservation Service for services of its technicians in formulating and carrying out the agricultural conservation program in the participating counties, and shall not be utilized by the Soil Conservation Service for any purpose other than technical and other assistance in such counties, and in addition, on the recommendation of such county committee and approval of the State committee, not to exceed 1 per centum may be made available to any other Federal, State, or local public agency for the same purpose and under the same conditions: Provided further, That for the current year's program $2,500,000 shall be available for technical assistance in formulating and carrying out agricultural conservation practices: Provided further, That such amounts shall be available for the purchase of seeds, fertilizers, lime, trees, or any other farming material, or any soil-terracing services, and making grants thereof to agricultural producers to aid them in carrying out farming practices approved by the Secretary under programs provided for herein: Provided further, That no part of any funds available to the Department, or any bureau, office, corporation, or other agency constituting a part of such Department, shall be used in the current fiscal year for the payment of salary or travel expenses of any person who has been convicted of violating the Act entitled "An Act to prevent pemicious poHtical activities", approved August 2, 1939, as amended, or who has been found in accordance with the provisions of title 18, United States Code, section 1913, to have violated or attempted to violate such section which prohibits the use of Federal appropriations for the payment of personal services or other expenses designed to influence in any manner a Member of Congress to favor or oppose any legislation or appropriation by Congress except upon request of any Member or through the proper official channels.

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Page:United States Statutes at Large Volume 78.djvu/913

 78 STAT. J

PUBLIC LAW 88-573-SEPT. 2, 1964 CONSERVATION RESERVE

871

PROGRAM

For necessary expenses to carry out a conservation reserve program as authorized by subtitles B and C of the Soil Bank Act (7 U.S.C. 1831-1837, 1802-1814, and 1816), and to carry out liquidation activities ^oStat. 191.196; for the acreage reserve program, to remain available until expended, ^^ ^*^*' ^^^" $194,000,000, with which may be merged the unexpended balances of funds heretofore appropriated for soil bank programs: Provided, That no part of these funds shall be paid on any contract which is illegal under the law due to the division of lands for the purpose of evading limits on annual payments to participants. CROPLAND CONVERSION

PROGRAM

For necessary expenses to promote the conservation and economic use of land pursuant to the provisions of section 16(e) of the Soil Conservation and Domestic Allotment Act (16 U.S.C. 590h, 590p), as amended, $15,000,000, to remain available until expended.

^e Stat. eoe.

EMERGENCY CONSERVATION MEASURES

For emergency conservation measures, to be used for the same purposes and subject to the same conditions as funds appropriated under this head in the Third Supplemental Appropriation Act, 1957, to remain available until expended, $4,000,000, with which shall be merged the unexpended balances of funds heretofore appropriated for emergency conservation measures.

71 Stat. 176.

OFFICE OF RURAL AREAS DEVELOPMENT SALARIES AND EXPENSES

For necessary expenses, not otherwise provided for, of the Office of Rural Areas Development in providing leadership, coordination, liaison, and related services in the rural areas development activities of the Department, $124,000: Provided, That this appropriation shall be available for field employment pursuant to the second sentence of section 706(a) of the Organic Act of 1944 (5 U.S.C. 574), and not to exceed $3,000 shall be available for employment under section 15 of the Act of August 2, 1946 (6 U.S.C. 55a). OFFICE OF THE INSPECTOR GENERAL SALARIES AND EXPENSES

For necessary expenses of the Office of the Inspector General, including employment pursuant to the second sentence of section 706(a) of ihQ Organic Act of 1944 (5 U.S.C. 574), $9,874,000. OFFICE OF THE GENERAL COUNSEL SALARIES AND EXPENSES

For necessary expenses, including payment of fees or dues for the use of law libraries by attorneys in the field service, $3,853,000.

31-667 0-65—58

^s Stat. 742. 6° Stat. sio.

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Page:United States Statutes at Large Volume 78.djvu/914

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PUBLIC LAW 88-573-SEPT. 2, 1964

[78 STAT.

OFFICE OF INFORMATION SALARIES AND EXPENSES

34 Stat. 690.

28 Stat. 612. 58 Stat. 742.

For necessary expenses of the Office of Information for the dissemination of agricultural information and the coordination of informational work and programs authorized by Congress in the Department, $1,648,000, of which total appropriation not to exceed $537,000 may be used for farmers' bulletins, which shall be adapted to the interests of the people of the different sections of the country, an equal proportion of four-fifths of which shall be available to be delivered to or sent out under the addressed franks furnished by the Senators, Representatives, and Delegates in Congress, as they shall direct (7 U.S.C. 417), and not less than two hundred and thirty-two thousand two hundred and fifty copies for the use of the Senate and House of Representatives of part 2 of the annual report of the Secretary (known as the Yearbook of Agriculture) as authorized by section 73 of the Act of January 12, 1895 (44 U.S.C. 241): Provided, That in the preparation of motion pictures or exhibits by the Department, this appropriation shall be available for employment pursuant to the second sentence of section 706(a) of the Organic Act of 1944 (5 U.S.C. 574), and not to exceed $10,000 shall be available for employment under section 15 of the Act of August 2, 1946 (5 U.S.C. 55a). NATIONAL AGRICULTURAL LIBRARY SALARIES AND EXPENSES

60 Stat. 810.

For necessary expenses of the National Agricultural Library, $1,547,000: Provided, That this appropriation shall be available for employment pursuant to the second sentence of section 706(a) of the Organic Act of 1944 (5 U.S.C. 574), and not to exceed $35,000 shall be available for employment under section 15 of the Act of August 2, 1946 (5 U.S.C. 55a). OFFICE OF MANAGEMENT SERVICES SALARIES AND EXPENSES

For necessary expenses to enable the Office of Management Services to provide management support services to selected agencies and offices of the Department of Agriculture, $2,482,000. GENERAL ADMINISTRATION SALARIES AND EXPENSES

60 Stat. 237.

For necessary expenses of the Office of the Secretary of Agriculture and for general administration of the Department of Agriculture, including expenses of the National Agricultural Advisory Commission; repairs and alterations; and other miscellaneous supplies and expenses not otherwise provided for and necessary for the practical and efficient work of the Department of Agriculture, $3,314,000: Provided, That this appropriation shall be reimbursed from applicable appropriations for travel expenses incident to the holding of hearings g^g required by the Administrative Procedures Act (5 U.S.C. 1001): Provided further, That not to exceed $2,500 of this amount shall be available for official reception and representation expenses, not otherwise provided for, as determined by the Secretary.

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Page:United States Statutes at Large Volume 78.djvu/915

 78 STAT. ]

PUBLIC LAW 88-573-SEPT. 2, 1964

873

TITLE II—CREDIT AGENCIES RURAL ELECTRIFICATION ADMINISTRATION

To carry into effect the provisions of the Rural Electrification Act of 1936, as amended (T U.S.C. 901-924), as follows:

49 Stat. 1363; 63 Stat. 948.

LOAN AUTHORIZATIONS

For loans in accordance with said Act, and for carrying out the provisions of section 7 thereof, to be borrowed from the Secretary of the Treasury in accordance with the provisions of section 3(a) of said Act, as follows: Rural electrification program, $365,000,000, of which $90,000,000 shall be placed in reserve to be borrowed under the same terms and conditions to the extent that such amount is required during the current fiscal year under the then existing conditions for the expeditious and orderly development of the rural electrification program; and rural telephone program, $70,000,000, of which $7,000,000 shall be placed in reserve to be borrowed under the same terms and conditions to the extent that such amount is required during the current fiscal year under the then existing conditions for the expeditious and orderly development of the rural telephone program.

7 USC 907.

^ use 903.

SALARIES A N D E X P E N S E S

For administrative expenses, including not to exceed $500 for financial and credit reports, funds for employment pursuant to the second sentence of section 706(a) of the Organic Act of 1944 (5 U.S.C. 574), and not to exceed $150,000 for employment under section 15 of the Act of August 2, 1946 (5 U.S.C. 55a), $11,578,000.

^^ ^*^*- '^^'^• ^o Stat. sio.

J'ARMERS H O M E ADMINISTRATION DIRECT LOAN ACCOUNT

Direct loans and advances under subtitles A and B, and advances under section 335(a) for which funds are not otherwise available, of the Consolidated Farmers Home Administration Act of 1961 (7 U.S.C. 1921), as amended, may be made from funds available in the Farmers Home Administration direct loan account as follows: real estate loans, $60,000,000; and operating loans, $300,000,000, of which $50,000,000 shall be placed in reserve to be used only to the extent required during current fiscal year under the then existing conditions for the expeditious and orderly conduct of the loan program.

75 Stat. 315. 7 USC 1985.

RURAL RENEWAL

For necessary expenses, including administrative expenses, in carrying out rural renewal activities under section 32(e) of title III of the Bankhead-Jones F a r m Tenant Act, as amended, $1,200,000, to remain available until expended.

76 Stat. 607. 7 USC 1011.

RURAL H O U S I N G FOR THE ELDERLY REVOLVING F U N D

For loans pursuant to section 515(a) of the Housing Act of 1949, as amended (42 U.S.C. 1485), including advances pursuant to section 335(a) of the Consolidated Farmers Home Administration Act of 1961 (7 U.S.C. 1985) in connection with security for such loans, $5,000,000.

^^ ^*^*- ^'^'^'

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Page:United States Statutes at Large Volume 78.djvu/916

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PUBLIC LAW 88-573-SEPT. 2, 1964

[78 STAT.

SALARIES A N D EXPENSES

75 Stat. 307. 64 Stat. 98.

75 Stat. 186. 42 USC 1484.

58 Stat. 742.

31 USC 84 * ^9

For necessary expenses of the Farmers Home Administration, not otherwise provided for, in administering the programs authorized by the Consolidated Farmers Home Administration Act of 1961 (7 U.S.C. 1921), as amended, title V of the Housing Act of 1949, as amended (42 U.S.C. 1471-1484), and the Rural Rehabilitation Corporation Trust Liquidation Act, approved May 3, 1950 (40 U.S.C. 440-444); $39,544,000, together with not more than $2,250,000 of the charges collected in connection with the insurance of loans as authorized by section 309(e) of the Consolidated Farmers Home Administration Act of 1961, as amended, and section 514(b)(3) of the Housing Act of 1949, as amended: Provided, That, in addition, not to exceed $500,000 of the funds available for the various programs administered by this Agency may be transferred to this appropriation for temporary field employment pursuant to the second sentence of section 706(a) of the Orgauic Act of 1944 (5 U.S.C. 574) to meet unusual or heavy workload increases: Provided further, That no part of any funds in this paragraph may be used to administer a program which makes rural housing grants pursuant to section 504 of the Housing Act of 1949, as amended. TITLE III—CORPORATIONS The following corporations and agencies are hereby authorized to make such expenditures, within the limits of funds and borrowing authority available to each such corporation or agency and in accord "with law, and to make such contracts and commitments without regard to fiscal year limitations as provided by section 104 of the Government Corporation Control Act, as amended, as may be necessary in carrying out the programs set forth in the budget for the current fiscal year for such corporation or agency, except as hereinafter provided: FEDERAL CROP INSURANCE CORPORATION ADMINISTRATIVE AND OPERATING EXPENSES

For administrative and operating expenses, $6,942,000. FEDERAL, CROP INSURANCE CORPORATION F U N D

Not to exceed $3,638,000 of administrative and operating expenses may be paid from premium income. CoMMODmr CREDIT CORPORATION REIMBURSEMENT FOR N E T REALIZED LOSSES

75 Stat. 391.

To partially reimburse the Commodity Credit Corporation for net realized losses sustained during the fiscal year ending June 30, 1963, pursuant to the Act of August 17, 1961 (15 U.S.C. 7 l 3 a - l l, 7l3a-12), $1,574,000,000. LIMITATION ON ADMINISTRATIVE EXPENSES

Nothing in this Act shall be so construed as to prevent the Commodity Credit Corporation from carrying out any activity or any program authorized by law: Provided, That not to exceed $37,351,000 shall be available for administrative expenses of the Corporation: Provided further, That $945,000 of this authorization shall be avail-

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Page:The Eurypterida of New York Volume 1.pdf/185

Hall. Palaeontology of New York. 1859. 1: 412*, pl. 82, fig. 1–3

This variety which Hall separated from  is based on an abdomen, a group consisting of two swimming legs, several endognathites with operculum; and a separate swimming leg. The types of the abdomen and the swimming leg are in the State Museum; the group of swimming legs and operculum in the American Museum of Natural History. The species is diagnosed as follows: "Carapace unknown. Body robust: crust thick; articulations strong, those of the abdomen extended in strong salient angles at the lateral edges. Bases of the anterior feet strong and broad. Swimming feet strong and large; the seventh (sixth) joint very large and long, inflated and much curved on the anterior side; the free eighth joint is thick and strong, somewhat oval, and narrowing gently toward the point of articulation; the terminal palette is small. The last joints (and perhaps the others) of the swimming feet are serrated on the margins."

In the notes it is added that "the peculiar arching of the seventh (sixth) joint, and the thickened or inflated character of the swimming foot in this species, appear to be sufficiently characteristic to rely upon for specific distinction," and as further distinctive characters are mentioned, that the scaly surface marking of the body is more strongly developed than in any other species observed, and that the anterior margin of each segment is raised in a little elevated band, more prominent and more strongly serrate on its anterior edge than in any of the other species, and finally that the surface is marked by strong longitudinal wrinkles somewhat irregularly disposed.

The great width of the distal portion of the swimming leg and especially that of the seventh segment appear as good distinctive characters, when compared with the narrower appendages of the


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Page:United States Statutes at Large Volume 78.djvu/917

 78 STAT. ]

PUBLIC LAW 88-573-SEPT. 2, 1964

able only to expand and strengthen the sales program of the Corporation pursuant to authority contained in the Corporation's charter: Provided further, That not less than 7 per centum of this authorization shall be placed in reserve to be apportioned pursuant to section 3679 of the Revised Statutes, as amended, for use only in such amounts and at such times as may become necessary to carry out program operations: Provided further, That all necessary expenses (including legal and special services performed on a contract or fee basis, but not including other personal services) in connection with the acquisition, operation, maintenance, improvement, or disposition of any real or personal property belonging to the Corporation or in which it has an interest, including expenses of collections of pledged collateral, shall be considered as nonadministrative expenses for the purposes hereof: Provided further, That no part of the administrative funds authorized under this head or of the capital funds of the Commodity Credit Corporation shall be available to formulate or administer a cotton loan program during fiscal year 1965 which requires that micronaire readings shall be mandatory as a part of the cotton classing in connection with cotton loans. PUBLIC L A W

875

^^ "^^ ^^s.

480

For expenses during fiscal year 1965, not otherwise recoverable, and unrecovered prior years' costs, including interest thereon, under the Agricultural Trade Development and Assistance Act of 1954, as amended (7 U.S.C. 1701-1709, 1721-1724, 1731-1736), to remain avail- ^ ^^.H^l^^'' able until expended, as follows: (1) Sale of surplus agricultural com- ^^ ^*^*" ^^°* modities for foreign currencies pursuant to title I of said Act, $1,612,000,000; (2) commodities disposed of for emergency famine relief to friendly peoples pursuant to title II of said Act, $220,453,000; and (3) long-term supply contracts pursuant to title IV of said Act, $35,000,000. INTERNATIONAL W H E A T AGREEMENT

For expenses during fiscal year 1965 and unrecovered prior years' costs, including interest thereon, under the International Wheat Agreement Act of 1949, as amended (7 U.S.C. 1641-1642), $31,838,000, to remain available until expended.

63 Stat. 945.

BARTERED MATERIALS FOR SUPPLEMENTAL STOCKPILE

For expenses during fiscal year 1965 and unrecovered prior years' costs related to strategic and other materials acquired as a result of barter or exchange of agricultural commodities or products and transferred to the supplemental stockpile pursuant to Public Law 540, Eighty-fourth Congress (7 U.S.C. 1856), $92,860,000, to remain available until expended. TITLE IV—RELATED AGENCIES FARM CREDIT ADMINISTRATION LIMITATION ON ADMINISTRATIVE EXPENSES

Not to exceed $2,876,000 (from assessments collected from farm credit agencies) shall be obligated during the current fiscal year for administrative expenses.

^o Stat. 200.

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Page:United States Statutes at Large Volume 78.djvu/918

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[78

STAT.

TITLE V—GENERAL PROVISIONS P a s s e n g e r motor vehicles.

Employment of aliens. Uniform allow68 Stat. 1114.

Twine.

Contracting.

Short title.

SEC. 501. Within the unit limit of cost fixed by law, appropriations and authorizations made for the Department under this Act shall be available for the purchase, in addition to those specifically provided for, of not to exceed four hundred and seventy-four passenger motor vehicles, of which four hundred and fifty-two shall be for replacement only, and for the hire of such vehicles. SEC. 502. Provisions of law prohibiting or restricting the employment of aliens shall not apply to employment under the appropriation for the Foreign Agricultural Service. SEC. 503. Funds available to the Department of Agriculture shall be available for uniforms or allowances therefor as authorized by the Act of September 1, 1954, as amended (5 U.S.C. 2131). SEC. 504. No part of the funds appropriated by this Act shall be used for the payment of any officer or employee of the Department who, as such officer or employee, or on behalf of the Department or any division, commission, or bureau thereof, issues, or causes to be issued, any prediction, oral or written, or forecast, except as to damage threatened or caused by insects and pests, with respect to future prices of cotton or the trend of same. SEC. 505. Except to provide materials required in or incident to research or experimental work where no suitable domestic product is available, no part of the funds appropriated by this Act shall be expended in the purchase of twine manufactured from commodities or materials produced outside of the United States. SEC. 506. Not less than $1,500,000 of the appropriations of the Department for research and service work authorized by the Acts of August 14, 1946, July 28, 1954, and September 6, 1958 (7 U.S.C. 427, 1621-1629; 42 U.S.C. 1891-1893), shall be available for contracting in accordance with said Acts. This Act may be cited as the "Department of Agriculture and Related Agencies Appropriation Act, 1965". Approved September 2, 1964.

Public Law 88-574 September 2, 1964 [H. R. 11594]

Monterey Calif, Land exc hange.

AN ACT To authorize the Secretary of the Navy to convey to the State of California certain lands in the county of Monterey, State of California, in exchange for certain other lands. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, notwithstanding any other provisions of law, the Secretary of the Navy, or his designee, is authorized to convey to the State of California, subject to the terms and conditions hereinafter stated, and to such other terms and conditions as the Secretary of the Navy, or his designee, shall deem to be in the public interest, all right, title, and interest of the United States in and to the land located in the county of Monterey, State of California, described substantially as follows: PARCEL 1

For freeway purposes that parcel of land in the city of Monterey, county of Monterey, State of California, described as follows: Beginning at a brass cap monument designated M-145, which said monument is the southwesterly terminus of course (38)

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PUBLIC LAW 88-574-SEPT. 2, 1964

described in the deed to the State of California, recorded December 12, 1960, in volume 2105 of official records, at page 396, records of said county; thence (a) along the westerly line of the United States Navy property, also being course (39) in last said deed, south 06 degrees 36 minutes 03 seconds west, 15.28 feet; thence (b) north 38 degrees 48 minutes 10 seconds east, 235.86 feet; thence (c) north 28 degrees 11 minutes 44 seconds east, 546.05 feet; thence (d) north 20 degrees 05 minutes 51 seconds east, 66.49 feet to a point on the westerly line of the United States Navy property, which last said line is also the above said course (38); thence (e) along said course (38) south 30 degrees 56 minutes 03 seconds west, 830.46 feet to the point of beginning; subject to easements and rights-of-way for pipelines as granted by Pacific Improvement Company to the Monterey County Waterworks, by deed dated August 27, 1907, and recorded September 3, 1907, in volume 98 of deeds at page 154, Monterey County records. Together with the release and relinquishment of all abutter's rights of access, appurtenant to the Navy's remaining property, in and to said freeway. Containing 0.45 of an acre, more or less. Bearings and distances used herein are based on the California coordinate system, zone 4; multiply distances called by 1.0000592 to obtain ground level distances. PARCEL 2

For highway purposes, that part of the portion of real property in the city of Monterey, county of Monterey, State of California, conveyed to the United States of America by deed recorded June 15, 1948, in volume 1068 of official records at page 1, records of said county, described as follows: Beginning at monument M-124 as said monument is delineated on the map filed February 13, 1953, in volume 4 of surveys, at page 105, records of said county; thence (aa) along a line connecting said monument M-124, with monument M-151, as delineated on said map, south 11 degrees 12 minutes 09 seconds east, 65.42 feet; thence (bb), south 36 degrees 00 minutes 14 seconds east, 58.12 feet; thence (cc), north 62 degrees 57 minutes 51 seconds east, 8.79 feet to a point on the westerly line of Aguajito Road as shown on last said m a p; thence (dd)- along the said westerly line north 27 d e ^ e e s 02 minutes 09 seconds west, 120.34 feet to the point of beginning; subject to easements and rights-of-way for pipelines as granted by Pacific Improvement Company to the Monterey County Water Works, by deed dated August 27, 1907, and recorded September 3, 1907, in volume 98 of deeds at page 154, Monterey County records. Containing 0.03 of an acre, more or less. Bearings and distances used herein are based on the California coordinate system, zone 4; multiply distances called by 1.0000592 to obtain ground level distances. PARCEL 3

For a freeway and adjacent frontage road that part of the portion of land in the city of Monterey, county of Monterey, State of California, conveyed to the United States of America by deed recorded June 15, 1948, in volume 1068 of official records, at page 1, records of said county, described as follows: Beginning

877

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Page:United States Statutes at Large Volume 78.djvu/920

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[78 STAT.

at monument M-103 on the northeasterly line of the existing State highway, "Koad V-Mon-ll7-Mon, A," as shown on the map recorded May 27, 1957, in volume 5 of surveys, at page 110, records of said county; thence ( l A) northeasterly along the property line of said portion convened to the United States of America to a concrete monument with a disk stamped "R.E. 707" set at an angle point in the property line of the Monterey Peninsula Airport as shown on said map recorded at page 110; thence (2A) along course (10) under parcels III and IV in said deed to the United States of America, north 12 degrees 33 minutes 55 seconds west, 189.49 feet; thence (3A) tangent to a line bearing north 74 degrees 43 minutes 41 seconds west, along a curve to the left with a radius of 642.69 feet through an angle of 6 degrees 10 minutes 12 seconds for an arc length of 69.21 feet; thence (4A), north 75 degrees 39 minutes 00 seconds west, 221.21 feet; thence (5A), along a tangent curve to the right with a radius of 400 feet through an angle of 57 degrees 41 minutes 19 seconds for an arc length of 402.74 feet; thence (6A), north 14 degrees 24 minutes 42 seconds west, 163.72 feet; thence (7A), north 27 degrees 30 minutes 56 seconds west, to a point on course (14) under said parcels III and IV in said deed to the United States of America; thence (8A), westerly along said course (14) to said northeasterly line of said existing State highway; thence (9A), southeasterly along said northeasterly line to the point of beginning; subject to covenants, conditions, restrictions, easements, and reservations of record, if any. Together with the release and relinquishment of all abutter's rights of access including access rights appurtenant to the Navy's remaining property in and to said freeway, provided however, that such remaining property shall abut upon and have access to said frontage road which will be connected to the freeway only at such points as may be established by public authority. Containing 6.47 acres, more or less. Bearings and distances used herein are based on the California coordinate system, zone 4; multiply distances called by 1.0000592 to obtain ground level distances. SEC. 2. I n consideration of the conveyance by the United States of the aforesaid lands, the State of California shall convey to the United States lands located in the County of Monterey, State of California, described substantially as follows: PARCEL 4

That parcel of land in the City of Monterey, County of Monterey, State of California, described as follows: Beginning at the southwesterly corner of that certain 94.984-acre tract conveyed by David Jacks to the Pacific Improvement Company, by deed dated May 11, 1880, and recorded in volume 1 of deeds at page 5, records of said county; thence ( I B) northerly along the westerly line of said 94.984-acre tract to the northwesterly corner thereof, said corner being marked on the ground by a monument designated M-92; thence (2B) south 01 degree 20 minutes 04 seconds east, 53.25 feet; thence (3B), south 02 degrees 31 minutes 54 seconds west, 6'48.36feet;

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