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 92 STAT. 2 4 8 5

PUBLIC LAW 95-586—NOV. 3, 1978

Public Law 95-586 95th Congress An Act Nov. 3, 1978 [H.R. 7971]

To validate certain land conveyances, and for other purposes. Be it enacted by the Senate and House of Representatives United, States of America in Congress assembled,

of the

TITLE I—TO V A L I D A T E THE CONVEYANCE O F CERTAIN LAND IN THE STATE OF CALIFORNIA BY THE SOUTHERN PACIFIC TRANSPORTATION COMPANY

Land conveyances^ validation.

SEC. 101. Subject to section 103, the conveyances executed by the Southern Pacific Transportation Company and described in section 102, involving certain land in San J o a q u i n County, California, forming a part of the right-of-way granted by the United States to the Central Pacific Railway Company under the Act entitled " A n Act to aid in the construction of a railroad and telegraph line from the Missouri River to the Pacific Ocean, and to secure to the Government the use of the same for postal, military, and other purposes", approved July 1, 1862 (12 Stat, 489), as amended, are hereby legalized, validated, and confirmed, as far as any interest of the United States in such land is concerned, and shall have the same force and effect as if the land involved in each conveyance h a d been held, on the date of conveyance, under absolute free simple title by the Southern Pacific Transportation Company, subject to a reservation to the United States of the minerals therein. SEC. 102. The conveyances referred to in the first section of this Act Description, are as follows: (1) The conveyance entered into between the Southern Pacific Transportation Company, grantor, and Stokely-Van Camp, an Indiana corporation, as grantee, on March 2, 1973, and recorded as instrument numbered 55797 on December 3, 1973, book 3822, page 586, of the Official Records of San Joaquin County, California, describing the following lands: That certain parcel of land situate in the county of San Joaquin, State of California, being a portion of the west half of section 12, township 3 north, range 6 east. Mount Diablo base and meridian, described as follows: The easterly 125 feet of the westerly 150 feet of lots 66,67,68,69, the westerly 150 feet of lot 70 and the easterly 100 feet of the westerly 150 feet of lot 71, as said lots are shown on the m a p of the L o d i - B a r n h a r t Tract, recorded November 5, 1906, in volume 3 of Maps and P l a t s, page 48, records of said county. Excepting therefrom that portion of said lot 68 lying easterly of the easterly boundary of the land described in the deed dated August 27, 1962, to Stokely-Van Camp, Incorporated, recorded September 5, 1962, in book 2592, page 385, of Official Records, records of said county, and southerly of the easterly prolongation of the northerly boundary thereof. (2) The conveyance entered into between the Southern Pacific Transportation Company, grantor, and Bernardino Barengo, a married man, as grantee, on June 27, 1973, and recorded as instrument

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 92 STAT. 2486

PUBLIC LAW 95-586—NOV. 3, 1978 numbered 37943 on August 9, 1973, book 3792, page 21, of the Official Records of San Joaquin County, California, describing the following lands: That certain parcel of land situated in the county of San Joaquin, State of California, being a portion of the southwest quarter of section 24, township 4 north, range 6 east. Mount Diablo base and meridian, described as follows: Commencing at the intersection of the original located center line of Southern Pacific Transportation Company's main track (Stockton to Sacramento) with a line that is parallel with and distant 20.00 feet northerly, measured at right angles, from the south line of said southwest quarter of section 24, said parallel line being the north line of Acampo Road (formerly Main Street); thence north 88 degrees 36 minutes 00 seconds west, along said parallel line, 140.71 feet to a line that is parallel with and distant 135.00 feet westerly, measured at right angles, from said original located center line and the true point of beginning of the parcel of land to be described; thence north 14 degrees 58 minutes 30 seconds west, along last said parallel line, 883.19 feet; thence south 75 degrees 01 minutes 30 seconds west, at right angles from last said parallel line 9.40 feet to the southeasterly corner of the lands of Dino Barengo as described in deed recorded September 29, 1961, in book 2462, page 290, Official Records of said county; thence northerly along the easterly line of said lands on the following four courees: (1) north 14 degrees 58 minutes 30 seconds west, parallel with said center line, 14.60 feet, (2) north 11 degrees 33 minutes 30 seconds west 100.00 feet, (3) north 9 degrees 39 minutes 30 seconds west 50.00 feet, (4) north 8 degrees 29 minutes 30 seconds west 27.60 feet; thence south 67 degrees 42 minutes 00 seconds west, along the northerly line of last said lands 69.88 feet to a line that is parallel with and distant 200.00 feet westerly, measured at right angles, from said original located center line, last said parallel line being the westerly line of the 400-foot right-of-way granted by Act of Congress to the Central Pacific Railroad Company; thence south 14 degrees 58 minutes 30 seconds east, along last said parallel line, 1046.81 feet to said north line of Acampo Road; thence south 88 degrees 36 minutes 00 seconds east, along said north line, 67.75 feet to the true point of beginning, containing an area of 1.565 acres, more or less. (3) The conveyance entered into between the Southern Pacific Transportation Company, grantor, and Calvin Clark III, a married man, as grantee, on November 4, 1974, and recorded as instrument numbered 56311 on December 9, 1974, book 3934, page 640, of the Official Records of San Joaquin County, California, describing the following lands: That certain real property situated in the county of San Joaquin, State of California, being a portion of section 24, township 4 north, range 6 east. Mount Diablo base and meridian, more particularly described as follows: Commencing at the point of intersection of a line parallel with and distant 30 feet westerly, measured at right angles, from the easterly line of Sycamore Street, with the westerly prol ongation of the northerly line of an alley in block 4 as said street, alley and block are shown on the map of the town of Acampo; thence south 88 degrees 36 minutes 00 seconds east along said

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 PUBLIC LAW 95-586—NOV. 3, 1978

92 STAT. 2487

prolongation, northerly line and its easterly prolongation thereof, 474.05 feet to a point in the southwesterly line of land (400 feet wide) of Southern Pacific Transportation Company; thence north 14 degrees 58 minutes 30 seconds west along said southwesterly line being parallel with and distant 200.0 feet southwesterly, measured at right angles, from the original located center line of said company's main track (Tracy-Polk), 166.38 feet to a point in the northerly line of land of Dino Barengo as described in deed recorded September 29, 1961, in book 2462 of the Official Records, page 290, Records of San Joaquin County and the actual point of beginning of the parcel of land to be described; thence continuing north 14 degrees 58 minutes 30 seconds west along said southwesterly line, 693.8 feet to a point in the southerly line of land now or formerly of George L. Keeney and E. M. Keeney; thence south 88 degrees 57 minutes east along the seconds west along said southwesterly line, 693.8 feet to a point distant 74.08 feet westerly, measured at right angles, from said center line of main track; thence south 6 degrees 42 minutes east 96.05 feet; thence south 8 degrees 29 minutes 30 seconds east 559.88 feet to a point in said northerly line of Dino Barengo, being distant 151.12 feet westerly, measured at right angles, from said center line; thence south 67 degrees 42 minutes 00 seconds west along last said northerly line, 49.29 feet to the actual point of beginning, containing an area of 1.343 acres, more or less; (4) The conveyrnce entered into between the Southern Pacific Transportation Company, grantor, and the city of Lodi, a municipal corporation, as grantee, on November 6, 1974, and recorded as instrument numbered 57584 on December 17, 1974, book 3937, page 183, of the Official Records of San Joaquin County, California, describing the following lands: That certain strip of land 125.00 feet in width, situate in the south half of section 36, township 4 north, range 6 east. Mount Diablo base and meridian, county of San Joaquin, State of California and described as follows: A strip of land 125.00 feet wide lying contiguous to and easterly of a line parallel with and distant 75.00 feet easterly, measured at right angles, from the original located center line of Southern Pacific Transportation Company's main track (Stockton to Polk). and extending from that certain course described as "south 80 degrees 47 minutes west 200 feet, more or less" in the northerly boundary of the land described in deed dated July 13, 1967, from Southern Pacific Company to Jay Loveless recorded October 10, 1967, in book 3158, page 339, Official Records of San Joaquin County, northerly, to the northerly line of the 3.6-acre parcel of land described in deed dated May 22, 1915, from H. Bechthold et ux, to city of Lodi recorded June 25, 1915, in book "A", volume 266 of deeds, page 3, San Joaquin County Records, said northerly line being described in said deed as following the meanders of the southern bank of the Mokelumne River. (5) The easement entered into between the Southern Pacific Transportation Company, grantor, and the city of Lodi, a municipal corporation, as grantee, for roadway purposes, on November 21, 1974, and recorded as instrument numbered 5528 on February 7, 1975, book 3952, page 203, of the Official Records of San Joaquin County, California, describing an easement upon the following property: That certain strip of land situate in the south half of section 36, township 4 north, range 6 east, Mount Diablo base and meridian. County of San Joaquin, State of California, and described as follows:

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 92 STAT. 2488

PUBLIC LAW 95-586—NOV. 3, 1978 A strip of land 25.00 feet in width lying contiguous to and easterly of a line parallel and concentric with and distant 75.00 feet easterly, measured at right angles and radially, from the original located center line of Southern Pacific Transportation Company's main track (Stockton to Polk), and extending from the northerly line of the 20,480 square foot parcel of land described in Indenture dated August 24, 1960 from Southern Pacific Company to city of Lodi recorded September 12, 1960 in book 2334, page 421, San Joaquin County Kecords, northerly, to that certain course described as "south 80 degrees 47 minutes west 200 feet, more or less," in the northerly boundary of the land described in deed dated July 13, 1967, from Southern Pacific Company to Jay Loveless recorded October 10, 1967 in book 3158, page 339, Official Records of San Joaquin County, said 25.00 foot wide strip hereinabove described being also contiguous to and westerly of the westerly line of the 100.00 foot wide strip of land quitclaimed to Jay Loveless by said deed. Reserving unto grantor, its successors and assigns, the right to construct, maintain, and use railroad, pipeline, communication, and transportation facilities in, upon, over, along, and across said property. (6) The conveyance entered into between the Southern Pacific Transportation Company, grantor, and Edward W. Le Baron and Mable B. Le Baron, his wife, Donald Reynolds and Constance E. Reynolds, his wife, and Robert Reynolds and Carolyn W. Reynolds, his wife, as grantees on March 22, 1977, and recorded as instrument numbered 34048 on June 2, 1977, book 4267, page 458, of the official records of San Joaquin County, California, describing the following lands: That certain parcel of land situated in the southeast quarter of section 23 and southwest quarter of section 24, township 4 north, range 6 east, Mount Diablo base and meridian, County of San Joaquin, State of California, and more particularly described as follows: Commencing at the point of intersection of a line parallel with and distant 30 feet westerly, measured at right angles, from the easterly line of Sycamore Street with the westerly prolongation of the northerly line of an alley in block 4, as said street, alley, and block are shown on the map of the town of Acampo; thence south 88 degrees 36 minutes 00 seconds east, along said prolongation, said northerly line and its easterly prolongation, 474.05 feet to a point in the southwesterly line of land (400 feet wide) originally acquired by Central Pacific Railroad Company by virtue of Act of Congress dated July 1, 1862; thence north 14 degrees 58 minutes 30 seconds west, a^ong said southwesterly line, being parallel with and distant 200.0 feet southwesterly, measured at right angles, from the original location center line of main track (Tracy-Polk) now of the Southern Pacific Transportation Company, a distance of 860.18 feet to the northwesterly corner of the 1.343-acre parcel of land described in quitclaim deed dated November 4, 1974 from Southern Pacific Transportation Company to Calvin Clark III, recorded December 9, 1974 in book 3934, page 640, Official Records of San Joaquin County, and the true point of beginning of the parcel of land to be described; thence continuing north 14 degrees 58 minutes 30 seconds west, along said southwesterly line, parallel with and distant 200.0 feet southwesterly, measured at right angles, from said center line ^ of main track, a distance of 1,000 feet, more or less, to the north line of said southeast quarter of said section 23;

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 PUBLIC LAW 95-586—NOV. 3, 1978

92 STAT. 2489

thence easterly along last said north line, 130.3 feet, more or less, to a point in a line parallel with and distant 74.08 feet southwesterly, measured at right angles, from said center line of said transportation company's main track; thence south 14 degrees 58 minutes 30 seconds east, last said parallel line, 1,000 feet, more or less, to the northeasterly corner of said 1,343-acre parcel of land described in said deed dated November 4, 1974 to Calvin Clark III; thence north 88 degrees 57 minutes west, along the northerly line of last said parcel, 131.02 feet to the true point of beginning, containing an area of 2.89 acres, more or less. SEC. 103. (a) Nothing in this Act shall— (1) diminish the right-of-way referred to in the first section of this Act to a width of less than fifty feet on each side of the center of the main track or tracks established and maintained by the Southern Pacific Company on the date of the enactment of this Act; or (2) validate or confirm any right or title to, or interest in, the land referred to in the first section of this Act arising out of adverse possession, prescription, or abandonment, and not confirmed by conveyance made by the Southern Pacific Company before the date of the enactment of this Act. (b) There is reserved to the United States all oil, coal, or other Rules and minerals in the land referred to in the first section of this Act, together regulations, with the right to prospect for, mine, and remove such oil, coal, or other minerals under such rules and regulations as the Secretary of the Interior may prescribe. TITLE II—TO CONFIEM A CONVEYANCE O F CERTAIN REAL PROPERTY BY THE SOUTHERN P A C I F I C RAILROAD COMPANY TO M. L. WICKS SEC. 201. The conveyance described in section 202(a) of this Act involving certain real property in Los Angeles County, California, is hereby confirmed in the successors in interest to M. L. Wicks, the grantee in such conveyance, with respect to all interests of the United States in the rights to the real property described in section 202(b) of this Act. Portions of the real property described in such section 202(b) formed part of the right-of-way granted to the Southern Pacific Railroad Company, a corporation, by the United States by the Act entitled "An Act to incorporate the Texas Pacific Railroad Company, and to and in the Construction of its Road, and for other purposes", approved March 3, 1871 (16 Stat. 573). SEC. 202. (a) The conveyance confirmed by this Act was made by a deed dated May 4, 1887, by the Southern Pacific Railroad Company, a corporation, and D. O. Mills and Gerrit L. Lansing, Trustees, to M. L. Wicks and recorded on May 9, 1887, in the office of the county recorder of Los Angeles County, in the Book of Official Records, Book 222 at page 172. (b) The real property referred to in the first section of this Act is Description, certain real property in the northwest quarter of the northeast quarter of section 15, township 7 north, range 12 west, San Bernardino Meridian, in Los Angeles County, California, more particularly described as follows: Beginning at the intersection of the easterly line of Sierra Highway (formerly Antelope Avenue) 90 feet wide as shown on county surveyor's map numbered 8200 on file in the office of

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 92 STAT. 2490

Right-of-way.

Rules and regulations.

PUBLIC LAW 95-586—NOV. 3, 1978 the surveyor of said county with the easterly prolongation of the northerly line of Jackman Street (formerly 8th Street); thence easterly along said prolongation to the westerly line of the rightof-way, 100 feet wide, as reserved in that certain deed dated May 4, 1887, from Southern Pacific Railroad Company, a corporation, and D. O. Mills and Gerrit L. Lansing, trustees to M. L. Wicks, recorded May 9, 1887, in Book 222 at page 172, official records of said county; thence northerly along said westerly right-of-way line 624.34 feet more or less to the southerly line of Avenue I (formerly Sierra Madre Road); thence westerly along said southerly line of Avenue I to the easterly line of said Sierra Highway; thence southerly along said easterly line of Sierra Highway to the point of beginning. SEC. 203. (a) Nothing in this Act shall— (1) diminish the right-of-way referred to in the first section of this Act to a width of less than 50 feet on each side of the center of the main tract or tracts established and maintained by the Southern Pacific Company on the date of the enactment of this Act; or (2) validate or confirm any right or title to, or interest in, the land referred to in the first section of this Act arising out of adverse possession, prescription, or abandonment, and not confirmed by conveyance made by the Southern Pacific Company before the date of the enactment of this Act. (b) There is reserved to the United States all oil, coal, or other minerals in the land referred to in the first section of this Act, together with the right to prospect for, mine, and remove such oil, coal, or other minerals under such rules and regulations as the Secretary of the Interior may prescribe.

TITLE III—TO PROVIDE FOR THE CONVEYANCE OF CERTAIN PUBLIC LANDS IN MONTANA TO THE OCCUPANTS OF THE LAND

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SEC. 301. The Secretary of the Interior is hereby authorized to convey to Francis T, Oleson and Zona I. Oleson, husband and wife; Dan Raymond and Elizabeth Louise Raymond, husband and wife; and Edward J. Bonderenko or their successors in interest, all right, title, and interest of the United States, except rigiht, title, and interest in deposits of all minerals, in lands identified as tracts numbered 1, 2, and 3 in that part of the west half, southwest quarter of the northwest quarter, section 2, township 10 north, range 1 west, Montana principal meridian Lewis and Clark County, Montana, lying east of the "Erroneous Survey Line", lying north of the county road right-of-way as shown on Bureau of Reclamation drawing number 296-604-170, dated September 24, 1971, and as determined available for sale by the Secretary of the Interior. Such conveyance shall be made only upon applications by such aforementioned individuaJls therefor within six months after the date of this Act, and upon payment of the appraised fair market value of the land as of the date of sale plus the administrative costs, including costs of a land survey, of making the conveyance, as determined by the Secretary of the Interior within one year after notification by the Secretary of the Interior of the amount due. In determining the fair market value of the land, the Secretary of the Interior shall not include any values added to the land by Francis T. Oleson and Zona I. Oleson, husband and wife; Dan Raymond and Elizabeth Louise Raymond, hus-

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 PUBLIC LAW 95-586—NOV. 3, 1978

92 STAT. 2491

band and wife; and Edward J. Bonderenko or their successors in interest, or their heirs. Any conveyance made pursuant to this Act shall reserve to the United States all deposits of all minerals in the lands together with the right to mine and remove the same, under applicable laws and regulations established by the Secretary of the Interior. SEC. 302. Acceptance of Francis T. Oleson and Zona I. Oleson, hus- Waiver, band and wife; Dan Raymond and Elizabeth Louise Raymond, husband and wife; and Edward J. Bonderenko or their successors in interest of any conveyance made hereunder shall constitute a waiver and release by them of any and all claims against the United States arising out of the operation, maintenance, or construction of the Canyon Ferry Unit, Pick-Sloan Missouri Basin program, as now or hereafter authorized. TITLE IV—TO AUTHORIZE THE SECRETARY OF THE INTERIOR TO CONVEY ALL RIGHT, TITLE, AND INTEREST O F THE UNITED STATES IN AND TO A TRACT O F LAND LOCATED IN THE FAIRBANKS RECORDING DISTRICT, STATE OF ALASKA, TO THE FAIRBANKS NORTH STAR BOROUGH SEC. 401. The Secretary of the Interior is authorized to convey all right, title, and interest of the United States in and to the following described real property, located in the Fairbanks Recording District, to the Fairbanks North Star Borough without payment of consideration: . THE WEST PORTION OF BLOCK 2 0 9

A tract of land situated in the northwest quarter section 15, township 1 south, range 1 west, F.B. and M., also known as United States Survey 849 of the Homstead Claim of Stacia Rickert described as follows: Commencing at corner number 3, United States Survey Numbered 849, thence south 89 degrees 57 minutes 14 seconds east, a distance of 2,300 feet, more or less; along a southerly line of said survey numbered 849 which lies between corners numbered 2 and 3; thence south 89 degrees 57 minutes 09 seconds east, a distance of 30 feet, more or less; thence north 0 degree 56 minutes 34 seconds west, a distance of 10 feet, more or less; to the true point of beginning; thence north 0 degree 56 minutes 34 seconds west, a distance of 337 feet, more or less; thence south 89 degrees 52 minutes 43 seconds east, a distance of 518 feet, more or less; thence south 0 degree 07 minutes 17 seconds west, a distance of 337 feet, more or less; thence north 89 degrees 57 minutes 09 seconds west, a distance of 510 feet, more or less, to the true point of beginning, and containing 173,218 square feet, more or less. TITLE V—PROVIDING FOR REINSTATEMENT AND VALIDATION O F UNITED STATES OIL AND GAS LEASES '^ NUMBERED U-12871, U-12872, U-12874, U-12875, U-12876, • U-12877, U-12878, U-12881, AND U-13666 SEC. 501. Notwithstanding any decision to the contrary heretofore made by the Secretary of the Interior of the United States or his authorized agents or representatives, subject to the requirements of section 502 of this Act:

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 92 STAT. 2492

Teraiination.

PUBLIC LAW 95-586—NOV. 3, 1978 (a) United States oil and gas leases numbered U-12871, LT-12872, U-12874, U-12875, U-12876, U-12877, U-12878, and U-12881 shall be held not to have terminated by operation of law or otherwise on December 1, 1975, but shall be deemed to be in full force and effect for the term of said leases provided that rentals for subsequent years are paid or tendered within the time required by law and the terms of such leases. (b) United States oil and gas lease numbered U-13666 shall be held not to have terminated by operation of law, or otherwise on April 1, 1976, and the term of said lease is hereby extended to a date twentyfour months after the effective date of this Act and so long thereafter as oil or gas is produced in paying quantities, provided that rentals for subsequent years are paid or tendered within the time required by law and the terms of such lease. SEC. 502. Within thirty days after the effective date of this Act, the Secretary shall give notice to the last record holder of the oil and gas leases listed in the first section of this Act of the amount of unpaid rental then accrued under said leases or that would have accrued had the leases not terminated. Within thirty days after receipt of such written notice, the last record holder of such leases, their successors or assigns, shall tender payment of the amount of rental to the Secretary. If payment is not made within the required time, the provisions of this Act shall terminate and be of no force and effect with respect to those leases for which payment was not made. TITLE VI—FOR THE R E L I E F OF MARIAN LAW SHALE HOLLOWAY, ADELINE MARY GILL CHARLES, AND ELIZA SHALE CARSTENS SEC. 601. (a) Notwithstanding any other provision of law, the Secretary of the Interior is authorized and directed to pay, out of any money appropriated to the Department of the Interior, to Marian Law Shale Holloway, Adeline Mary Gill Charles, and Eliza Shale Carstens (or to their estates) such sums as he determines each is legally and equitably entitled to as compensation for losses (including reasonable attorney fees) resulting from his erroneous approval of purported conveyances of parts or all of lot 6, section 35, township 24 north, range 13 west, Willamette meridian, containing eighteen and seventy-five hundredths acres, more or less, according to the Government survey thereof, such property being a portion of the allotment of Hattie Smith, deceased, Quinault allottee numbered 420, and which is not subject to homestead entry. Such property is situated in Jefferson County, State of Washington on the Quinault Indian Reservation. (b) The payment and acceptance of such compensation pursuant to this Act shall be in full satisfaction of all claims (1) of the said Marian Law Shale Holloway, Adeline Mary Gill Charles, and Eliza Shale Carstens, against the United States or any officer or employee thereof arising out of or in connection with the purported conveyances of such property or portions thereof approved by or on behalf of the Secretary of the Interior on February 19, 1951, September 3, 1953, and April 19, 1955, and (2) by Adeline Mary Gill Charles and Eliza Shale Carstens against Marian Law Shale Holloway arising out of or in connection with the purported conveyances of portions of such property approved by or on behalf of the Secretary of the Interior on September 3, 1953, and April 19, 1955.

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 PUBLIC LAW 95-586—NOV. 3, 1978

92 STAT. 2493

(c) As a condition precedent to receiving payment of such compensation pursuant to this Act, the said Marian Law Shale Holloway, Adeline Mary Gill Charles, and Eliza Shale Carstens (or the executors of their estates) shall execute such releases and other documents as the Secretary of the Interior determines are necessary to fulfill the purpose of this Act and remove any cloud on the title of such property. SEC. 602. No part of the amount appropriated by this Act in excess of 10 per centum thereof shall be paid or delivered to or received by any agent or attorney on account of services rendered in connection with this claim, and the same shall be unlawful, any contract to the contrary notwithstanding. Violation of the provisions of this section is Penalty, a misdemeanor punishable by a fine not to exceed $1,000. TITLE VII—GOSPEL-HUMP AREA BOUNDARY CHANGES SEC. 701. Section 4(a)(1) of the Act of February 24, 1978 (16 U.S.C. 1132, Public Law 95-237) is amended by striking the words Ante, p. 43. "January 1978" and inserting in lieu thereof "September 1978". TITLE VIII—KALMIOPSIS WILDERNESS MAP DESIGNATION SEC. 801. Section 3 of the Endangered American Wilderness Act of 1978, Public Law 95-237 (92 Stat. 43) is amended by adding a new 16 USC 1132 subsection (f) as follows: °ote. "(f) The map referenced in paragraph (a) of this section, depicting the boundaries of the Kalmiopsis Wilderness Additions is superseded by a map entitled'Kalmiopsis Wilderness Additions—Proposed' and dated October 1978, which is on file and available for public inspection in the office of the Chief of the Forest Service.". TITLE IX—FRYINGPAN-ARKANSAS RECLAMATION PROJECT SEC. 901. Subsection (a) of section 1 of the Act of August 16, 1962 (76 Stat. 389; 43 U.S.C. 616 et seq.), is amended by inserting after the words "Ruedi Dam and Reservoir, Colorado," the words "and as further modified and described in the description of the proposal contained in the final environmental statement for said project, dated April 16, 1975,". SEC. 902. Subsection (e) of section 5 of such Act is amended by 43 USC 616d. inserting after the word "therein" a comma and the words "including those laws of the State of Colorado relating to the establishment of minimum streamflows for the reasonable protection of the natural environment, to the extent that such laws are not inconsistent with the operating principles identified in subsection 3(a) of this Act". SEC. 903. Subsection (a) of section 3 of such Act is amended by 43 USC 616a. inserting after the word "Congress" a semicolon and the words "and shall be further operated pursuant to diversion rates established under the laws of the State of Colorado: Provided,, That the rate of project diversions from the Hunter Creek watershed shall not exceed an aggregate of 270 cubic feet of water per second of time. Waters so diverted may be utilized for all authorized project purposes as set forth in section 1(a) of this Act. Such waters, exclusive of the amount diverted for Roaring Fork exchanges provided for in subparagraph 9(1)(c) and paragraph 11 of the above referenced operating prin-

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 92 STAT. 2494

PUBLIC LAW 95-586—NOV. 3, 1978 ciples shall become part of the project water supply as limited by subparagraph 9(1)(a) of the above referenced operating principles. No diversions shall be made from the Hunter Creek watershed which will reduce the remaining streamflows at the points of diversion to less than 4 cubic feet per second on No Name Creek, 5 cubic feet per second on Midway Creek, and 12 cubic feet per second on Hunter Creek". TITLE X—TO CONVEY CERTAIN GEOTHERMAL RESOURCES TO THE CITY OF BOISE, IDAHO

SEC. 1001. (a) The Congress hereby authorizes and directs that the rights to the geothermal resources, including minerals present in the geothermal fluid, presently vested in the United States of America in real property designated as Tract 37 (contained in secs. 2 and 11) consisting of 4.13 acres, more or less; Tract 38 (contained in secs. 1, 2, 11 and 12) consisting of 449.16 acres more or less; Tract 39 (contained in ' sec. 2) consisting of 14.64 acres, more or less; and Tract 40 (contained in sec. 11) consisting of 4.95 acres, more or less: all in T. 3N., R. 2E., B.M.; together with a parcel described as follows: Commencing at the southwest corner of the Old Fort Boise Military Reservation, thence north seventy degrees zero minutes east one thousand four hundred forty-eight and two-tenths feet; thence north four degrees thirty-two minutes east six hundred and twenty-seven feet to the true point of beginning; thence the following coui"ses and distances: South eightyseven degrees eight minutes west six hundred ninety-six and five-tenths feet; thence north twenty-one degrees two minutes west five hundred and thirty-two feet; thence south sixty-nine degrees four minutes west twenty-one and nine-tenths feet; thence north twenty-two degrees forty minutes west eighty-six and three-tenths feet; thence north eighty-four degrees fifty minutes east nine hundred ninety-three and six-tenths feet; thence south four degrees thirty-two minutes west six hundred twenty-four and ninety-five one-hundredths feet to the point of beginning; consisting of 11.53 acres, more or less (contained in sec. 11, T. # N., R. 2E., B.M.); be transferred by the Secretary of the Interior in fee to the City of Boise upon payment by the City of Boise of the fair market value, as determined by the Secretary, of the rights conveyed. (b) Development of geothermal resources pursuant to this Act shall not be grounds for the Secretary of the Interior to assert the reversionary interest of the United States in the subject lands. SEC. 1002. Development of the geothermal resources conveyed by this Act shall not unreasonably interfere with development of other mineral interests retained by the United States. The City of Boise shall permit the United States, its lessees and agents access for exploration of mineral resources not conveyed to the City. . Boundaries modification.

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TITLE XI—TO ADD CERTAIN LANDS TO THE TARGHEE NATIONAL FOREST, IDAHO SEC. 1101. The boundaries of the Targhee National Forest in Idaho are hereby modified to include within said national forest the following described lands: S/aSWiA; WVsSEi^; and SEi^NEi^, all in Section 26, Township 13 North, Range 42 East, Boise Meridian, in Fremont County, Idaho.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/1215

 PUBLIC LAW 95-586—NOV. 3, 1978

92 STAT. 2495

TITLE XII—GKAND CANYON NATIONAL PARK The Act of February 26, 1916 (40 Stat. 1177; 16 U.S.C. 222) is amended by adding the following sentence: "Under such temis and conditions as he deems advisable and consistent with the requirements of section 483a of title 31 hereof, the Secretary is authorized, without 31 USC 483a. derogation of any of the water rights of the United States and notwithstanding any provision of law to the contrary, to sell by contract water located within Grand Canyon National Park for the use of customers within Tusayan, Arizona, to a nonprofit entity authorized to receive and distribute water within Tusayan, Arizona by the laws of the State of Arizona, upon his determination that such sale is not detrimental to the protection of the resources of Grand Canyon National Park or its visitors and that appropriate measures to provide for such protection, including a right of immediate termination, are included in the transaction.". Approved November 3, 1978.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-1008 (Comm. on Interior and Insular Affairs). SENATE REPORT No. 95-1287 (Comm. on Energy and Natural Resources). CONGRESSIONAL RECORD, Vol. 124 (1978): Apr. 18, considered and passed House. Oct. 12, considered and passed Senate, amended. Oct. 14, House concurred in Senate amendments. -

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Page:United States Statutes at Large Volume 92 Part 2.djvu/1216

 92 STAT. 2496

PUBLIC LAW 95-587—NOV. 3, 1978

Public Law 95-587 95th Congress An Act f**ov- J» 1978 [H.R. 7101]

Riverside County, Calif., land claims by

rpQ amend certain provisions of law relating to land claims by the United States in Riverside County, California, based upon the accretion or avulsion, 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 first section of the Act of October 23, 1970, entitled " A n Act to render the assertion Qf ja^^j claims by the United States based upon accretion or avulsion subject to legal and equitable defenses to which private persons asserting such claims would be subject" (84 Stat. 1106; Public Law 91-505) is amended by striking out "13.17" and inserting in lieu thereof "13.19". Approved November 3, 1978.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-1018 (Comm. on Interior and Insular Affairs). SENATE REPORT No. 95-1286 (Comm. on Energy and Natural Resources). CONGRESSIONAL RECORD, Vol. 124 (1978): Apr. 11, considered and passed House. Oct. 12, considered and passed Senate.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/1217

 PUBLIC LAW 95-588—NOV. 4, 1978

92 STAT. 2497

Public Law 95-588 95th Congress An Act To amend title 38, United States Code, to provide improvements in the pension program for certain veterans of a period of war with non-service-connected disabilities, for certain surviving spouses of veterans of a period of war, and for certain surviving children of veterans of a period of war, to increase the rates of dependency and indemnity compensation for surviving parents of certain veterans, to provide for automatic annual cost-of-living adjustments in the rates of pension and in the rates of parents' dependency and indemnity compensation, to prevent reductions in and terminations of pension and terminations of parents' dependency and indemnity compensation solely attributable to cost-of-living increases in social security benefits, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Veterans' and Survivors' Pension Improvement Act of 1978". TITLE I—PENSION FOR VETERANS AND SURVIVORS DEFINITION OF "PERIOD OF W A R "

SEC. 101. Section 501 of title 38, United States Code, is amended by adding at the end thereof the following new paragraph: "(4) The term 'period of war' means the Mexican border period. World War I, World War II, the Korean conflict, the Vietnam era, and the period beginning on the date of any future declaration of war by the Congress and ending on the date prescribed by Presidential proclamation or concurrent resolution of the Congress.". INCOME EXCLUSIONS

SEC. 102. (a) Subsection (a) of section 503 of title 38, United States Code, is amended by— (1) striking out clause (1); (2) redesignating clause (2) as clause (1); (3) redesignating clause (3) as clause (2) and striking out the comma and "and chapters 11 and 13 (except section 412(a)) of this title" in such clause; (4) striking out clauses (4), (5), and (6); (5) redesignating clause (7) as clause (3); (6) inserting after such clause the following new clause: " (4) amounts equal to amounts paid— "(A) by a veteran for the last illness and burial of such veteran's deceased spouse or child, or "(B) by the spouse of a living veteran or the surviving spouse of a deceased veteran for the last illness and burial of a child of such veteran;"; (7) redesignating clause (8) as clause (5); (8) striking out clause (9); (9) redesignating clause (10) as clause (6); (10) striking out clauses (11), (12), (13), and (14); (11) redesignating clause (15) as clause (7);

Nov. 4, 1978 [H.R. 10173]

Veterans' and Survivors' Pension Improvement Act of 1978. 38 USC 101 note.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/1218

 92 STAT. 2498

26 USC 6012. 26 USC 143. 26 USC 2.

Repeal.

PUBLIC LAW 95-588—NOV. 4, 1978 (12) striking out clauses (16) and (17); and (13) adding at the end of such subsection the following new clauses: "(8) amounts equal to amounts paid by a veteran, veterans' spouse, or surviving spouse or by or on behalf of a veteran's child for unreimbursed medical expenses, to the extent that such amounts exceed 5 per centum of the maximum annual rate of pension (including any amount of increased pension payable on account of family members but not including any amount of pension payable because a person is in need of regular aid and attendance or because a person is permanently housebound) payable to such veteran, surviving spouse, or child; "(9) in the case of a veteran or surviving spouse pursuing a course of education or vocational rehabilitation or training, amounts equal to amounts paid by such veteran or surviving spouse for such course of education or vocational rehabilitation or training, including (A) amounts paid for tuition, fees, books, and materials, and (B) in the case of such a veteran or surviving spouse in need of regular aid and attendance, unreimbursed amounts paid for unusual transportation expenses in connection with the pursuit of such course of education or vocational rehabilitation or training, to the extent that such amounts exceed the reasonable expenses which would have been incurred by a nondisabled person using an appropriate means of transportation (public transportation, if reasonably available); and "(10) in the case of a child, any current-work income received during the year, to the extent that the total amount of such income does not exceed an amount equal to the sum of— "(A) the lowest amount of gross income for which an income tax return is required under section 6012(a) of the Internal Revenue Code of 1954, to be filed by an individual who is not married (as determined under section 143 of such Code), is not a surviving spouse (as defined in section 2(a) of such Code), and is not a head of household (as defined in section 2(b) of such Code); and "(B) if the child is pursuing a course of postsecondary education or vocational rehabilitation or training, the amount paid by such child for such course of education or vocational rehabilitation or training, including the amount paid for tuition, fees, books, and materials.", (b) Subsection (c) of such section is repealed. INCOME AND N E T WORTH REPORTS

eondition. Post, pp. 2500, 2503, 2504.

SEC. 103. Subsection (a) of section 506 of title 38, United States Code, is amended to read as follows: "(a) As a condition of granting or continuing pension under section 521, 541, or 542 of this title, the Administrator— "(1) may require from any person who is an applicant for or a recipient of pension such information, proofs, and evidence as the Administrator determines to be necessary in order to determine the annual income and the value of the corpus of the estate of such person, and of any spouse or child for whom the person is receiving or is to receive increased pension (such a child is hereinafter in this subsection referred to as a 'dependent child'), and, in the case of a child applying for or in receipt of pension under section 542 of this title (hereinafter in this subsection referred to

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Page:United States Statutes at Large Volume 92 Part 2.djvu/1219

 PUBLIC LAW 95-588—NOV. 4, 1978

92 STAT. 2499

as a 'surviving child'), of any person with whom such child is residing who is legally responsible for such child's support; " (2) shall require that any such applicant or recipient file each year with the Veterans' Administration (on such form as may be prescribed for such purpose by the Administrator) a report showing— "(A) the annual income which such applicant or recipient (and any such spouse or dependent child) received during the preceding year, the corpus of the estate of such applicant or recipient (and of any such spouse or dependent child) at the end of such year, and in the case of a surviving child, the income and corpus of the estate of any person with whom such child is residing who is legally responsible for such child's support; "(B) such applicant's or recipient's estimate for the then current year of the annual income such applicant or recipient (and any such spouse or dependent child) expects to receive and of any expected increase in the value of the corpus of the estate of such applicant or recipient (and for any such spouse or dependent child); and "(C) in the case of a surviving child, an estimate for the then current year of the annual income of any person with whom such child is residing who is legally responsible for such child's support and of any expected increase in the value of the corpus of the estate of such person; "(3) shall require that any such applicant or recipient promptly file a revised report whenever there is a material change in the estimated annual income of such applicant or recipient (or of any such spouse or dependent child) or a material change in such applicant's or recipient's estimate of the value of the corpus of the estate of such applicant or recipient (or of any such spouse or dependent child), and in the case of a surviving child, a material change in the estimated annual income or value of the corpus of the estate of any person with whom such child is residing who is legally responsible for such child's support; and "(4) shall require that any such applicant or recipient apply- Notification, ing for or in receipt of increased pension on account of a person who is a spouse or child of such applicant or recipient promptly notify the Administrator if such person ceases to meet the applicable definition of spouse or child.". FREQUENCY OF P A Y M E N T OF PENSION BENEFITS

SEC. 104. (a) Chapter 15 of title 38, United States Code, is amended by inserting after section 507 the following new section: "§ 508. Frequency of payment of pension benefits "(a) Except as provided under subsection (b) of this section, benefits under sections 521, 541, and 542 of this title shall be paid monthly. "(b) Under regulations which the Administrator shall prescribe, benefits under sections 521, 541, and 542 of this title may be paid less frequently than monthly if the amount of th^ annual benefit is less than 4 per centum of the maximum annual rate payable to a veteran under section 521(b) of this title.". (b) The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 507 a new item as follows: "508. Frequency of payment of pension benefits.".

38 USC 501. 38 USC 508. Post, pp. 2500, 2503, 2504.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/1220

 92 STAT. 2500

PUBLIC LAW 95-588—NOV. 4, 1978 PENSION rOR SPANISH-AMERICAN WAR VETERANS

Regulations.

SEC. 105. Paragraph (3) of section 512(a) of title 38, United States Code, is amended— (1) in subparagraph (A)— (A) by inserting "^except the rate provided under subsection (g) of such section)" after "of this title"; (B) by striking out "World War I " and inserting in lieu thereof "a period of war"; and (C) by striking out the comma and "except as provided in subparagraph (B) " in the second sentence of such subparagraph; and (2) in subparagraph (B), by striking out "if such veteran" and all that follows in the first sentence and inserting in lieu thereof a comma and "as in effect on December 31, 1978, under regulations which the Administrator shall prescribe.". PENSION OF VETERANS OF A PERIOD OF WAR

SEC. 106. (a) Section 521 of title 38, United States Code, is amended to read as follows: "(a) The Administrator shall pay to each veteran of a period of war who meets the service requirements of this section (as prescribed in subsection (j) of this section) and who is permanently and totally disabled from non-service-connected disability not the result of the veteran's willful misconduct, pension at the rate prescribed by this section, as increased from time to time under section 3112 of this title. "(b) If the veteran is unmarried (or married but not living with or reasonably contributing to the support of such veteran's spouse) and there is no child of the \'eteran in the custody of the veteran or to whose support the veteran is reasonably contributing, and unless the veteran is entitled to pension at the rate provided by subsection (d)(1) or (e) of this section, pension shall be paid to the veteran at the annual rate of $3,550, reduced by the amount of the veteran's annual income. "(c) If the veteran is married and living with or reasonably contributing to the support of such veteran's spouse, or if there is a child of the veteran in the custody of the veteran or to whose support the veteran is reasonably contributing, pension shall be paid to the veteran at the annual rate of $4,651, unless the veteran is entitled to pension at the rate provided by subsection (d)(2), (e),or (f) of this section. If the veteran has two or more such family members, such annual rate shall be increased by $600 for each such family member in excess of one. The I'ate payable shall be reduced by the amount of the veteran's annual income and, subject to subsection (h)(1) of this section, the amount of annual income of such family members. "(d)(1) If the veteran is in need of regular aid and attendance, the annual rate of pension payable to the veteran under subsection (b) of this section shall be $5,680, reduced by the amount of the veteran's annual income. "(2) If the veteran is in need of regular aid and attendance, the annual rate of pension payable to the veteran under subsection (c) of this section shall be $6,781. If such veteran has two or more family members, as described in subsection (c) of this section, the annual rate of pension shall be increased by $600 for each such family member in excess of one. The rate payable shall be reduced by the amount of
 * '§ 521. Veterans of a period of war

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Page:United States Statutes at Large Volume 92 Part 2.djvu/1221

 PUBLIC LAW 95-588—NOV. 4, 1978

92 STAT. 2501

the veteran's annual income and, subject to subsection (h)(1) of this section, the amount of annual income of such family members. "(e) If the veteran has a disability rated as permanent and total and (1) has additional disability or disabilities independently ratable at 60 per centum or more, or (2) by reason of a disability or disabilities, is permanently housebound but does not qualify for pension at the aid and attendance rate provided by subsection (d) of this section, the annual rate of pension payable to the veteran under subsection (b) of this section shall be $4,340 and the annual rate of pension payable to the veteran under subsection (c) of this section shall be $5,441. If such veteran has two or more family members, as described in subsection (c) of this section, the annual rate of pension shall be increased by $600 for each such family member in excess of one. The rate payable shall be reduced by the amount of the veteran's annual income and, subject to subsection (h)(1) of this section, the annual income of such family members. "(f)(1) If two veterans are married to one another and each meets the disability and service requirements prescribed in subsections (a) and (j), respectively, of this section, the annual rate of pension payable to such veterans shall be a combined annual rate of $4,651. "(2) If either such veteran is in need of regular aid and attendance, the annual rate provided by paragraph (1) of this subsection shall be $6,781. If both such veterans are in need of regular aid and attendance, such rate shall be $8,911. "(3) If either such veteran would be entitled (if not married to a veteran) to pension at the rate provided by subsection (e) of this section, the annual rate provided by paragraph (1) of this subsection shall be $5,441. If both such veterans would be entitled (if not married to one another) to such rate, such rate shall be $6,231. " (4) If one such veteran is in need of regular aid and attendance and the other would be entitled (if not married to a veteran) to the rate provided for under subsection (e) of this section, the annual rate provided by paragraph (1) of this subsection shall be $7,571. "(5) The annual rate provided by paragraph (1), (2), (3), or (4) of this subsection, as appropriate, shall (A) be increased by $600 for each child of such veterans (or of either such veteran) who is in the custody of either or both such veterans or to whose support either such veteran is, or both such veterans are, reasonably contributing, and (B) be reduced by the amount of the annual income of both such veterans and, subject to subsection (h)(1) of this section, the annual income of each such child. "(g) The annual rate of pension payable under subsection (b), (c), (d), (e),or (f) of this section to any veteran who is a veteran of a period of war shall be increased by $800 if veterans of such period of war were not provided educational benefits or home loan benefits similar to those provided to veterans of later periods of war under chapters 34 and 37, respectively, of this title or under prior corresponding 38 USC 1651, provisions of law. 1801. "(h) For the purposes of this section: "(1) In determining the annual income of a veteran, if there is a child of the veteran who is in the custody of the veteran or to whose support the veteran is reasonably contributing, that portion of the annual income of the child that is reasonably available to or for the veteran shall be considered to be income of the veteran, unless in the judgment of the Administrator to do so would work a hardship on the veteran.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/1222

 92 STAT. 2502

38 USC 501.

PUBLIC LAW 95-588—NOV. 4, 1978 "(2) A veteran shall be considered as living with a spouse, even though they reside apart, unless they are estranged. "(i) If the veteran is entitled under this section to pension on the basis of such veteran's own service and is also entitled to pension on the basis of any other person's service, the Administrator shall pay such veteran only the greater benefit. "(j) A veteran meets the service requirements of this section if such veteran served in the active military, naval, or air service— " (1) for ninety days or more during a period of war; "(2) during a period of war and was discharged or released from such service for a service-connected disability; "(3) for a period of ninety consecutive days or more and such period began or ended during a period of war; or "(4) for an aggregate of ninety days or more in two or more separate periods of service during more than one period of war.", (b) The item relating to section 521 in the table of sections at the beginning of chapter 15 of such title is amended to read as follows: "521. Veterans of a period of war.". VETERANS' NET WORTH LIMITATION

Pension payments, denial or discontinuation. Ante, p. 2500.

SEC. 107. Section 522 of title 38, United States Code, is amended to read as follows: "§ 522. Net worth limitation "(a) The Administrator shall deny or discontinue the payment of pension to a veteran under section 521 of this title when the corpus of the estate of the veteran or, if the veteran has a spouse, the corpus of the estates of the veteran and of the veteran's spouse is such that under all the circumstances, including consideration of the annual income of the veteran, the veteran's spouse, and the veteran's children, it is reasonable that some part of the corpus of such estates be consumed for the veteran's maintenance. "(b) The Administrator shall deny or discontinue the payment of increased pension under subsection (c), (d), (e), or (f) of section 521 of this title on account of a child when the corpus of such child's estate is such that under all the circumstances, including consideration of the veteran's and spouse's income, and the income of the veteran's children, it is reasonable that some part of the corpus of such child's estate be consumed for the child's maintenance. During the period such denial or discontinuance remains in effect, such child shall not be considered as the veteran's child for purposes of this chapter.". PENSION FOR SURVIVING SPOUSES OF SPANISH-AMERICAN WAR VETERANS

SEC. 108. Subsection (d) of section 536 of title 38, United States Code, is amended— (1) in paragraph (1)— (A) by striking out "World War I " and inserting in lieu thereof "a period of war"; and (B) by striking out the comma and "except as provided in paragraph (2)" in the second sentence of such paragraph; and (2) in paragraph (2)— (A) by inserting a comma and "as in effect on December 31, 1978" after "of this title" both places it appears; and (B) by inserting a comma and "as in effect on such date" after "such section 544".

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Page:United States Statutes at Large Volume 92 Part 2.djvu/1223

 PUBLIC LAW 95-588—NOV. 4, 1978

92 STAT. 2503

PENSION FOR SURVIVING SPOUSES OF VETERANS OF A PERIOD OF WAR

SEC. 109. (a) Section 541 of title 38, United States Code, is amended to read as follows: "§ 541. Surviving spouses of veterans of a period of war "(a) The Administrator shall pay to the surviving spouse of each veteran of a period of war who met the service requirements prescribed in section 521(j) of this title, or who at the time of death was Ante, p. 2500. receiving (or entitled to receive) compensation or retirement pay for a service-connected disability, pension at the rate prescribed by this section, as increased from time to time under section 3112 of this title. "(b) If no child of the veteran is in the custody of the surviving spouse, pension shall be paid to the surviving spouse at the annual rate of $2,379, reduced by the amount of the surviving spouse's annual income. "(c) If there is a child of the veteran in the custody of the surviving spouse, pension shall be paid to the surviving spouse at the annual rate of $3,116. If the surviving spouse has custody of two or more such children, the annual pension rate shall be increased by $600 for each such child in excess of one. In each case, the rate payable shall be reduced by the amount of the surviving spouse's annual income and, subject to subsection (g) of this section, the annual income of each such child. "(d)(1) If a surviving spouse who is entitled to pension under subsection (b) of this section is in need of regular aid and attendance, the annual rate of pension payable to such surviving spouse shall be $3,806, reduced by the amount of the surviving spouse's annual income. "(2) If a surviving spouse who is entitled to pension under subsection (c) of this section is in need of regular aid and attendance, the annual rate of pension payable to the surviving spouse shall be $4,543. If there are two or more children of the veteran in such surviving spouse's custody, the annual rate of pension shall be increased by $600 for each such child in excess of one. The rate payable shall be reduced by the amount of the surviving spouse's annual income and, subject to subsection (g) of this section, the annual income of each such child. "(e)(1) If the surviving spouse is permanently housebound but does not qualify for pension at the aid and attendance rate provided by subsection (d) of this section, the annual rate of pension payable to such surviving spouse under subsection (b) of this section shall be $2,908 and the annual rate of pension payable to such surviving spouse under subsection (c) of this section shall be $3,645. If there are two or more children of the veteran in such surviving spouse's custody, the annual rate of pension shall be increased by $600 for each such child in excess of one. The rate payable shall be reduced by the amount of the surviving spouse's annual income and, subject to subsection (g) of this section, the income of any child of the veteran for whom the surviving spouse is receiving increased pension. "(2) For purposes of paragraph (1) of this subsection, the require- "Permanently ment of 'permanently housebound' shall be met when the surviving housebound." spouse is substantially confined to such surviving spouse's house (ward or clinical areas, if institutionalized) or immediate premises by reason of a disability or disabilities reasonably certain to remain throughout such surviving spouse's lifetime.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/1224

 92 STAT. 2504

"Veteran."

38 USC 501.

PUBLIC LAW 95-588—NOV. 4, 1978 "(f) No pension shall be paid under this section to a surviving spouse of a veteran unless the spouse was married to the veteran— "(1) before (A) December 14, 1944, in the case of a surviving spouse of a Mexican border period or World War I veteran, (B) January 1, 1957, in the case of a surviving spouse of a World War II veteran, (C) February 1, 1965, in the case of a surviving spouse of a Korean conflict veteran, or (D) May 8, 1985, in the case of a surviving spouse of a Vietnam era veteran; " (2) for one year or more; or " (3) for any period of time if a child was born of the marriage, or was born to them before the marriage. "(g) In determining the annual income of a surviving spouse for the purposes of this section, if there is a child of the veteran in the custody of the surviving spouse, that portion of the annual income of the child that is reasonably available to or for the surviving spouse shall be considered to be income of the surviving spouse, unless in the judgment of the Administrator to do so would work a hardship on the surviving spouse. "(]i) As used in this section and section 542 of this title, the term 'veteran' includes a person who has completed at least two years of honorable active military, naval, or air service, as certified by the Secretary concerned, but whose death in such service was not in line of duty.''. (b) The if em relating to section 541 in the table of sections at the beginning of chapter 15 of such title is amended to read as follows: "541. Surviving spouses of veterans of a period of war.". PENSION FOR CHILDREN OF VETERANS OF A PERIOD OF WAR

Ante, p. 2500.

SEC. 110. (a) Section 542 of title 38, United States Code, is amended to read as follows: "§ 542. Children of veterans of a period of war "The Administrator shall pay to each child (1) who is the child of a deceased veteran of a period of war who met the service requirements prescribed in section 521(j) of this title, or who at the time of death was receiving (or entitled to receive) compensation or retirement pay for a service-connected disability, and (2) who is not in the custody of a surviving spouse eligible for pension under section 541 of this title, pension at the annual rate of $600, as increased from time to time under section 3112 of this title and reduced by the amount of such child's annual income; or, if such child is residing with a person who is legally responsible for such child's support, at an annual rate equal to the amount by which the appropriate annual rate provided under section 541(c) of this title exceeds the sum of the annual income of such child and such person, but in no event may such annual rate of pension exceed the amount by which $600, as increased from time to time under section 3112 of this title, exceeds the annual income of such child. The appropriate annual rate under such section 541(c) for the purposes of the preceding sentence shall be determined in accordance with regulations which the Administrator shall prescribe.", (b) The item relating to section 542 in the table of sections at the beginning of chapter 15 of such title is amended to read as follows: "542. Children of veterans of a period of war.". SURVIVORS' NET WORTH LIMITATION

SEC. 111. Section 543 of title 38, United States Code, is amended to read as follows:

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 PUBLIC LAW 95-588—NOV. 4, 1978

92 STAT. 2505

"§ Wa Net worth limitation "(a)(1) The Administrator shall deny or discontinue payment of Pension pension to a surviving spouse under section 541 of this title when the payments, denial corpus of the estate of the surviving spouse is such that under all the or circumstances, including consideration of the income of the surviving discontinuation. spouse and the income of any child from whom the surviving spouse is Ante, p. 2503. receiving increased pension, it is reasonable that some part of the corpus of such estate be consumed for the surviving spouse's maintenance. "(2) The Administrator shall deny or discontmue the payment of increased pension under subsection (c), (d), or (e) of section 541 of this title on account of a child when the corpus of such child's estate is such that under all the circumstances, including consideration of the income of the surviving spouse and such child and the income of any other child for whom the surviving spouse is receiving increased pension, it is reasonable that some part of the corpus of the child's estate be consumed for the child's maintenance. During the period such denial or discontinuance remains in effect, such child shall not be considered as the surviving spouse's child for purposes of this chapter. "(b) The Administrator shall deny or discontinue payment of pension to a child under section 542 of this title when the corpus of -^«'e, p. 2504. the estate of the child is such that under all the circumstances, including consideration of the income of the child, the income of any person with whom such child is residing who is legally responsible for such child's support, and the corpus of the estate of such person, it is reasonable that some part of the corpus of such estates be consumed for the child's maintenance.". CONFORMING AMENDMENT RELATING TO SURVIVING SPOUSES

PENSION

SEC. 112. (a)(1) Section 544 of title 38, United States Code, is Repeal, repealed. (2) Chapter 15 of such title is amended by striking out the heading 38 USC 501. below section 543 of such chapter. (b) The table of sections at the beginning of chapter 15 of such title is amended by striking out the item below the item relating to section 543 and by striking out the item relating to section 544. TITLE II—DEPENDENCY AND INDEMNITY COMPENSATION FOR SURVIVING PARENTS D E P E N D E N C Y A N D I N D E M N I T Y COMPENSATION FOR SURVIVING PARENTS

SEC. 201. (a)(1) Paragraph (1) of subsection (b) of section 415 of title 38, United States Code, is amended to read as follows: "(1) Except as provided in paragraph (4) of this subsection, if there is only one parent, the monthly rate of dependency and indemnity compensation paid to such parent shall be $163, as increased from time to time under section 3112(b)(1) of this title and reduced by an amount, based upon the amount of such parent's annual income, determined in accordance with regulations which the Administrator shall prescribe under section 3112(b)(2) of this title.". (2) Paragraph (3) of such subsection is amended by striking out "$3,770" and inserting in lieu thereof "$4,038, as increased from time to time under section 3112 of this title". (3) The first sentence of paragraph (4) of such subsection is amended by striking out "the lormula of paragraph (1) of this sub-

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 92 STAT. 2506

PUBLIC LAW 95-588—NOV. 4, 1978 section or under the formula in subsection (d), whichever is the greater" and inserting in lieu thereof " paragraph (1) of this subsection or under subsection (d) of this section, whichever will result in the greater amount of such compensation being paid to such parent". (b)(1) Paragraph (1) of subsection (c) of such section is amended to read as follows: " (1) Except as provided in subsection (d) of this section, if there are two parents, but they are not living together, the monthly rate of dependency and indemnity compensation paid to each such parent shall be $115, as increased from time to time under section 3112(b)(1) of this title and reduced by an amount, based upon the amount of such parent's annual income, determined in accordance with regulations which the Administrator shall prescribe under section 3112(b)(2) of this title.". (2) Paragraph (3) of such subsection is amended by striking out "$3,770" and inserting in lieu thereof "$4,038, as increased from time to time under section 3112 of this title". (c)(1) Paragraph (1) of subsection (d) of such section is amended to read as follows: " (1) I f there are two parents who are living together, or if a parent has remarried and is living with such parent's spouse, the monthly rate of dependency and indemnity compensation paid to such parent shall be $109, as increased from time to time under section 3112(b)(1) of this title and reduced by an amount, based upon the amount of the combined annual income of the parents or the parent and the parent's spouse, determined in accordance with regulations which the Administrator shall prescribe under section 3112(b)(2) of this title.". (2) Paragraph (3) of such subsection is amended by striking out "$5,070" and inserting in lieu thereof "$5,430, as increased from time to time under section 3112 of this title". (d) Subsection (h) of such section is amended by striking out "$79" and inserting in lieu thereof "$85, as increased from time to time under section 3112 of this title,". TITLE III—MISCELLANEOUS PROVISIONS AND CONFORMING AMENDMENTS DEFINITION OF " P E N S I O N "

SEC. 301. Paragraph (15) of section 101 of title 38, United States Code, is amended by inserting "or other periodic" after "monthly". INCOME LIMITATION FOR RECEIPT OF DRUGS AND MEDICINES

SEC. 302. The second sentence of section 612(h) of title 38, United States Code, is amended by striking out "$500" and inserting in lieu thereof "$1,000". EFFECTIVE DATES FOR CHANGES I N INCOME

SEC. 303. Clause (4) of section 3012(b) of title 38, United States Code, is amended to read as follows: " (4) by reason of— " (A) change in income shall (except as provided in section 3112 of this title) be the last day of the month in which the change occurred; and " (B) change in corpus of estate shall be the last day of the calendar year in which the change occurred;".

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 PUBLIC LAW 95-588—NOV. 4, 1978

92 STAT. 2507

CONFORMING AMENDMENT RELATING TO PROHIBITION ON CONCURRENT PENSIONS

SEC. 304. Paragraph (1) of section 3104(b) of title 38, United States Code, is amended by inserting "of this subsection and in section 521(i) of this title" after "(2) and (3)". A N N U A L COST-OF-LIVING

ADJUSTMENTS

S E C 305. (a) Chapter 53 of title 38, United States Code, is amended by adding at the end thereof the following new section: 38 USC 3112. " (a) Whenever there is an increase in benefit amounts payable under title II of the Social Security Act as a result of a determination made 42 USC 401. under section 215(i) of such Act, the Administrator shall, effective on 42 USC 415. the date of such increase in benefit amounts, increase each maximum annual rate of pension under sections 521, 541, and 542 of this title and the rate of increased pension paid under such sections 521 and 541 on account of children, as such rates were in effect immediately prior to the date of such increase in benefit amounts payable under title II of the Social Security Act, by the same percentage as the percentage by which such benefit amounts are increased. "(b)(1) Whenever there is an increase in benefit amounts payable under title II of the Social Security Act as a result of a determination made under section 215(i) of such Act, the Administrator shall, effective on the date of such increase in benefit amounts, increase the maximum monthly rates of dependency and indemnity compensation for parents payable under subsections (b), (c), and (d), and the monthly rate provided in subsection (h), of section 415 of such title and the annual income limitations prescribed in subsections (b)(3), (c)(3), and (d)(3) of such section, as such rates and limitations were in effect immediately prior to the date of such increase in benefit amounts payable under title II of the Social Security Act, by the same percentage as the percentage by which such benefit amounts are increased. " (2)(A) Whenever there is an increase under paragraph (1) of this subsection in such rates and annual income limitations, the Administrator shall, effective on the date of such increase in such rates and limitations, adjust (as provided in subparagraph (B) of this paragraph) the rates of dependency and indemnity compensation payable under subsection (b)(1) or (c)(1) of section 415 of this title to any parent whose annual income is more than $800 but not more than the annual income limitation in effect under subsection (b)(3) or (c)(3) of such section, as appropriate, and adjust the rates of such compensation payable under subsection (d)(1) of such section to any parent whose annual income is more than $1,000 but not more than the annual income limitation in effect under subsection (d)(3) of such section. "(B) The adjustment in rates of dependency and indemnity com- Regulations pensation referred to in subparagraph (A) of this paragraph shall be made by the Administrator in accordance with regulations which the Administrator shall prescribe. "(c)(1) Whenever there is an increase under subsection (a) in Publication in benefit rates payable under sections 521, 541, and 542 of this title and Federal an increase under subsection (b) in benefit rates and annual income Register. limitations under section 415 of this title, the Administrator shall publish such rates and limitations (including those rates adjusted by the Administrator under subsection (b)(2) of this section), as increased
 * § 3112. Annual adjustment of certain benefit rates

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Page:United States Statutes at Large Volume 92 Part 2.djvu/1228

 92 STAT. 2508

42 USC 415.

38 USC 3101.

PUBLIC LAW 95-588—NOV. 4, 1978 pursuant to such subsections, in the Federal Register at the same time as the material required by section 215(i)(2)(D) of the Social Security Act is published by reason of a determination under section 215 (i) of such Act. "(2) Whenever such rates and income limitations are so increased, the Administrator may round such rates and income limitations in such manner as the Administrator considers equitable and appropriate for ease of administration.". (b) The table of sections at the beginning of chapter 53 of such title is amended by adding at the end thereof a new item as follows: "8112. Annual adjustment of certain benefit rates.". SAVINGS PROVISIONS FOR PERSONS ENTITLED TO PENSION AS OF DECEMBER 3 1, 19 7 8

38 use521 note.

SEC. 306. (a)(1)(A) Except as provided in subparagraph (B), any person who as of December 31, 1978, is entitled to receive pension under section 521, 541, or 542 of title 38, United States Code, may elect to receive pension under such section as in effect after such date, subject to the terms and conditions in effect with respect to the receipt of such pension. Any such election shall be made in such form and manner as the Administrator may prescribe. If pension is paid pursuant to such.an election, the election shall be irrevocable. (B) Any veteran eligible to make an election under subparagraph (A) who is married to another veteran who is also eligible to make such an election may not make such an election unless both such veterans make such an election. (2) Any person eligible to make an election under paragraph (1) who does not make such an election shall continue to receive pension at the monthly rate being paid to such person on December 31, 1978, subject to all provisions of law applicable to basic eligibility for and payment of pension under section 521, 541, or 542, as appropriate, of title 38, United States Code, as in effect on December 31, 1978, except that— (A) pension may not be paid to such person if such person's annual income (determined in accordance with section 503 of title 38, United States Code, as in effect on December 31, 1978) exceeds $4,038, in the case of a veteran or surviving spouse without dependents, $5,430, in the case of a veteran or surviving spouse with one or more dependents, or $3,299, in the case of a child; and (B) the amount prescribed in subsection (f)(1) of section 521 of such title (as in effect on December 31, 1978) shall be $1,285; as each such amount is increased from time to time under paragraph (3). (3) Whenever there is an increase under section 3112 of title 38, United States Code (as added by section 304 of this Act), in the maximum annual rates of pension under sections 521, 541, and 542 of such title, as in effect after December 31, 1978, the Administrator of Veterans' Affairs shall, effective on the date of such increase under such section 3112, increase— (A) the annual income limitations in effect under paragraph (2); and (B) the amount of income of a veteran's spouse excluded from the annual income of such veteran under section 521(f)(1) of such title, as in effect on December 31, 1978; by the same percentage as the percentage by which such maximum annual rates under such sections 521, 541, and 542 are increased.

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(b)(1) Effective January 1, 1979, section 9 of the Veterans' Pen- Repeal sion Act of 1959 (Public Law 86-211) is repealed. 38 USC 521 note. (2)(A) Except as provided in subparagraph (B), any person who as of December 31, 1978, is entitled to receive pension under section 9(b) of the Veterans' Pension Act of 1959 may elect to receive pension under section 521, 541, or 542 of title 38, United States Code, as in effect after such date, subject to the terms and conditions in effect with respect to the receipt of such pension. Any such election shall be made in such form and manner as the Administrator of Veterans' Affairs may prescribe. If pension is paid pursuant to such an election, the election shall be irrevocable. (B) Any veteran eligible to make an election under subparagraph (A) who is married to another veteran who is also eligible to make such an election may not make such an election unless both such veterans make such an election. (3) Any person eligible to make an election under paragraph (2) who does not make such an election shall continue to receive pension at the monthly rate being paid to such person on December 31, 1978, subject to all provisions of law applicable to basic eligibility for and payment of pension under section 9(b) of the Veterans' Pension Act of 1959, as in effect on December 31, 1978, except that pension may not be paid to such person if such person's annual income (determined in accordance with the applicable provisions of law, as in effect on December 31, 1978) exceeds $3,534, in the case of a veteran or surviving spouse without dependents or in the case of a child, or $5,098, in the case of a veteran or surviving spouse with one or more dependents, as each such amount is increased from time to time under paragraph (4). (4) Whenever there is an increase under section 3112 of title 38, United States Code (as added by section 304 of this Act), in the maximum annual rates of pension under sections 521, 541, and 542 of such title, as in effect after December 31, 1978, the Administrator shall, effective on the date of such increase under such section 3112, increase the annual income limitations in effect under paragraph (3) by the same percentage as the percentage by which the maximum annual rates under such sections 521,542, and 543 are increased. (c) Any case in which— (1) a claim for pension is pending in the Veterans' Administration on December 31, 1978; (2) a claim for pension is filed by a veteran after December 31, 1978, and within one year after the date on which such veteran became totally and permanently disabled, if such veteran became totally and permanently disabled before January 1, 1979; or (3) a claim for pension is filed by a surviving spouse or by a child after December 31, 1978, and within one year after the date of death of the veteran through whose relationship such claim is made, if the death of such veteran occurred before January 1, 1979; shall be adjudicated under title 38, United States Code, as in effect on December 31, 1978. Any benefits determined to be payable as the result of the adjudication of such a claim shall be subject to the provisions of subsection (a). (d) In any case in which any person who as of December 31, 1978, is entitled to receive pension under section 521, 541, or 542 of title 38, United States Code, or under section 9(b) of the Veterans' Pension Act of 1959, elects (in accordance with subsection (a)(1) or (b)(2), as appropriate) before October 1, 1979, to receive pension under such section as in effect after December 31, 1978, the Administrator of Veter-

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 92 STAT. 2510

PUBLIC LAW 95-588—NOV. 4, 1978

ans' Affairs shall pay to such person an amount equal to the amount by which the amount of pension benefits such person would have received had such election been made on January 1, 1979, exceeds the amount of pension benefits actually paid to such person for the period beginning on January 1, 1979, and ending on the date preceding the date of such election. Publication in (e) Whenever there is an increase under subsections (a)(3) and Federal Register, (b)(4) i^i the annual income limitations with respect to persons being paid pension under subsections (a)(2) and (b)(3), the Administrator of Veterans' Affairs shall publish such annual income limitations, as increased pursuant to such subsections, in the Federal Register at the same time as the material required by section 215(i)(2)(D) of the 42 USC 415. Social Security Act is published by reason of a determination under section 215(i) of such Act. AMENDMENTS C O N C E R N I N G P E N S I O N FOR CERTAIN INSTITUTION A L I Z E D VETERANS

SEC. 307. Paragraph (1) of section 3203(a) of title 38, United States Code, is amended to read as follows: " (1)(A) Where any veteran having neither spouse nor child is being furnished domiciliary care by the Veterans' Administration, no pension in excess of $60 per month shall be paid to or for the veteran for any period after the end of the second full calendar month following the month of admission for such care. " (B) Where any veteran having neither spouse nor child is being furnished hospital or nursing home care by the Veterans' Administration, no pension in excess of $60 per month shall be paid to or for the veteran for any period after the end of the third full calendar month following the month of admission for such care. " (C) No pension in excess of $60 per month shall be paid to or for a veteran having neither spouse nor child for any period after the month in which such veteran is readmitted for care described in subparagraph (A) or (B) of this paragraph and furnished by the Veterans' Administration if such veteran is readmitted within six months of a period of care of not less than two full calendar months.". STUDY OF P E N S I O N

38 USC 521 note.

B E N E F I T S P A I D TO PERSONS

OVERSEAS

SEC. 308. (a) The Administrator of Veterans' Affairs, in consultation with the Secretary of State, shall carry out a comprehensive study of the income characteristics of veterans of a period of war (as defined in section 101(11) of title 38, United States Code) and their survivors who are residing outside the fifty States and the District of Columbia, including those who are receiving pension benefits under 38 USC 3101. chapter 15 of title 38, United States Code, or under section 9(b) of 38 USC 521 note, the Veterans' Pension Act of 1959, as in effect on the date of the enactment of this Act. The Administrator shall include in such study (1) an analysis of the issues involved in the payment of non-serviceconnected pension benefits to such persons, (2) analyses of such aspects of the economy of each foreign country and each territory, possession, and commonwealth of the United States in which a substantial number of such persons reside as are relevant to such issues, such as the rate of inflation, the standard of living, and subsistence levels in such foreign country or such territory, possession, or commonwealth, and (3) estimates of the present and future costs of the payment of pension benefits to such persons.

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(b) The Administrator of Veterans' Affairs shall transmit a report to the Congress and to the President, not later than February 1, 1980, on the results of such study, together with the Administrator's recommendations as to the desirability of modifying the Veterans' Administration non-service-connected pension program for veterans of a period of war (as defined in section 101(11) of title 38, United States Code) and their survivors who are residing outside the fifty States and the District of Columbia.

Report, transmittal to the President and ^o^g'^^^^-

TITLE IV—EFFECTIVE DATE SEC. 401. The amendments made by this Act to title 38, United 38 USC 101 note. States Code, shall become effective on January 1, 1979. Approved November 4, 1978.

LEGISLATIVE HISTORY: .HOUSE REPORTS: No. 95-1225 (Coram, on Veterans' Affairs) and No. 95-1768 (Coram. of Conference). SENATE REPORTS: No. 95-1016 accorapanying S. 2384 (Coram, on Veterans' Affairs) and No. 95-1329 (Coram, of Conference). CONGRESSIONAL RECORD, Vol. 124 (1978): June 28, considered and passed House. July 31, considered and passed Senate, amended, in lieu of S. 2384. Oct. 12, Senate agreed to conference report. Oct. 14, House agreed to conference report. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 14, No. 45: Nov. 6, Presidential statement.

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PUBLIC LAW 95-589—NOV. 4, 1978

Public Law 95-589 95th Congress An Act Nov. 4, 1978 [H.R. 13903]

Uniformed Services University of the Health Sciences, Board of Regents, term of service.

To amend title 10, United States Code, to provide that a member of the Board of Regents of the Uniformed Services University of the Health Sciences whose term of office has expired shall continue to serve until a successor is appointed. Be it enacted by the Senate and Hoiise of Representatives of the United States of America in Congress assembled, That section 2113(b) of title 10, United States Code, relating to the B o a r d of Eegents of the Uniformed Services University of the Health Sciences, is amended— (1) by striking out " and " at the end of paragraph (1); (2) by striking out the period at the end of paragraph (2) and inserting in lieu thereof "; and "; and (3) by adding at the end thereof the following new paragraph: " (3) any member whose term of office has expired shall continue to serve until his successor is appointed.". Approved November 4, 1978.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-1685 (Comm. on Armed Services). CONGRESSIONAL RECORD, Vol. 124 (1978): Oct. 10, considered and passed House. Oct. 15, considered and passed Senate. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 14, No. 45: Nov. 4, Presidential statement.

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 PUBLIC LAW 95-590—NOV. 4, 1978

92 STAT. 2513

Public Law 95-590 95th Congress An Act To provide for an accelerated program of research, development, and demonstration of solar photovoltaic energy technologies leading to early competitive commercial applicability of such technologies to be carried out by the Department of Energy, with the support of the National Aeronautics and Space Administration, the National Bureau of Standards, the General Services Administration, and other Federal agencies.

Be it enacted by the Senate and Hoiise of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Solar Photovoltaic Energy Research, Development, and Demonstration Act of 1978". FINDINGS AND POLICY

SEC. 2. (a) The Congress hereby finds that— (1) the United States of America is faced with a finite and diminishing resource base of native fossil fuels, and as a consequence must develop as quickly as possible a diversified, pluralistic national energy capability and posture; (2) the current imbalance between supply and demand for fuels and energy in the United States is likely to grow for many years; (3) the early demonstration of the feasibility of using solar photovoltaic energy systems for the generation of electricity could help to relieve the demand on existing fuel and energy supplies; (4) the national security and economic well-being of the United States is endangered by its dependence on imported energy supplies which are subject to resource limitations, artificial pricing mechanisms which do not accurately reflect supply and demand relationships, and supply interruptions; (5) the early development and widespread utilization of photovoltaic energy systems could significantly expand the domestic . energy resource base of the United States, thereby lessening its dependence on foreign supplies; (6) the establishment of sizable markets for photovoltaic energy systems will justify private investment in plant and equipment necessary to realize the economies of scale, and will result in significant reductions in the unit costs of these systems; (7) the use of solar photovoltaic energy systems for certain limited applications has already proved feasible; (8) there appear to be no insoluble technical obstacles to the widespread commercial use of solar photovoltaic energy technologies; (9) an aggressive research and development program should solve existing technical problems of solar photovoltaic systems; and, supported by an assured and growing market for photovoltaic systems during the next decade, should maximize the future contribution of solar photovoltaic energy to this Nation's future energy production; (10) it is the proper and appropriate role of the Federal Government to undertake research, development, and demonstration programs in solar photovoltaic energy technologies and to supple-

Nov. 4, 1978 [H.R. 12874]

Solar Photovoltaic Energy Research, Development, and Demonstration Act of 1978. 42 USC 5501 note. 42 USC 5581.

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PUBLIC LAW 95-590—NOV. 4, 1978 ment and assist private industry and other entities and thereby the general public, so as to hasten the general commercial use of such technologies; (11) the high cost of imported energy sources impairs the economic growth of many nations which lack sizable domestic energy supplies or are unable to develop these resources; (12) photovoltaic energy systems are economically competitive with conventional energy resources for a wide variety of applications in many foreign nations at the present time, and will find additional applications with continued cost reductions; (13) the early development and export of solar photovoltaic energy systems, consistent with the established preeminence of the United States in the field of high technology products, can make a valuable contribution to the well-being of the people of other nations and to this Nation's balance of trade; (14) the widespread use of solar photovoltaic energy systems to supplement and replace conventional methods for the generation of electricity would have a beneficial effect upon the environment; (15) to increase the potential application of solar photovoltaic energy systems in remote locations, and to minimize the need for backup systems depending on fossil fuel, programs leading to the development of inexpensive and reliable systems for the storage of electricity should be pursued as part of any solar photovoltaic energy research, development, and demonstration program; (16) evaluation of the performance and reliability of solar photovoltaic energy technologies can be expedited by testing of prototypes under carefully controlled conditions; (17) commercial application of solar photovoltaic energy technologies can be expedited by early commercial demonstration under practical conditions; (18) photovoltaic energy systems are currently adaptable on a life cycle, cost-justified basis for certain of the energy needs of the Federal Government, and will find additional applications as continued refinements improve performance and reduce unit costs; (19) the Federal Government can stimulate innovation and economic efficiency in the production of photovoltaic energy systems through the development and implementation of policies to promote diversity and maximum competition between firms engaged in the research, manufacture, installation, and/or maintenance of these systems; (20) innovation and creativity in the development of solar photovoltaic energy components and systems can be fostered through encouraging direct contact between the manufacturers of such systems and the architects, engineers, developers, contractors, and other persons interested in utilizing such systems; and (21) it is contemplated that the ten-year program established by this Act will require the expenditure of $1,500,000,000 by the Federal Government. (b) I t is therefore declared to be the policy of the United States and the purpose of this Act to establish during the next decade an aggressive research, development, and demonstration program involving solar photovoltaic energy systems and in the long term, to have as an objective the production of electricity from photovoltaic systems cost competitive with utility-generated electricity from conventional sources. Further, it is declared to be the policy of the United States and

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92 STAT. 2515

the purpose of this Act that the objectives of this research, development, and demonstration program are— (1) to double the production of solar photovoltaic energy systems each year during the decade starting with fiscal year 1979, measured by the peak generating capacity of the systems produced, so as to reach a total annual United States production of solar photovoltaic energy systems of approximately two million peak kilowatts, and a total cumulative production of such systems of approximately four million peak kilowatts by fiscal year 1988; (2) to reduce the average cost of installed solar photovoltaic energy systems to $1 per peak watt by fiscal year 1988; and (3) to stimulate the purchase by private buyers of at least 90 per centum of all solar photovoltaic energy systems produced in the United States during fiscal year 1988. OEFINITIONS

SEC. 3. For purposes of this Act— ^^ USC 5582. (1) a "solar photovoltaic energy system" is a system of components which generates electricity from incident sunlight by means of the photovoltaic effect, and which shall include all components, including energy storage devices where appropriate, necessary to provide electricity for individual, industrial, agricultural, or governmental use; (2) the term ""solar photovoltaic energy system" may be used interchangeably with the term "photovoltaic system"; (3) a "hybrid solar photovoltaic energy system" is a system of components that generates electricity from incident sunlight by means of the photovoltaic effect and, in conjunction with electronic and, if appropriate, optical, thermal and storage devices, provides electricity, as well as heat and/or light for individual, commercial, industrial, agricultural, or governmental use: (4) "photovoltaic effect" refers to the physical phenomenon exhibited under certain circumstances by some materials in which a portion of the light energy striking the material is directly converted to electrical energy; (5) "facility" means any building, agricultural, commercial or industrial complex or other device constructively employing photovoltaic systems; and (6) "Secretary" means the Secretary of Energy. RESEARCH, DEVELOPMENT, AND DEMONSTRATION OF SOLAR PHOTOVOLTAIC ENERGY SYSTEMS

SEC. 4. The Secretary is directed to establish immediately and Programs, carry forth such research, development, and demonstration programs establishment, as may be necessary to meet the objectives of this Act as set forth in '^^ USC 5583. section 2(b), and as a part of any such program shall— (a) conduct, and promote the coordination and acceleration of, research, development, and demonstrations relating to solar photovoltaic energy systems and components thereof, and (b) conduct, and promote the coordination and acceleration of, research, development, and demonstrations for systems and components to be used in applications that are dependent for their energy on solar photovoltaic energy systems.

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