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 89 STAT. 1068 87 Stat. 143.

88 Stat, 115.

84 Stat. 300. 86 Stat. 234.

PUBLIC LAW 94-187—DEC. 31, 1975 (b) Section 101 of Public Law 93-60, as amended, is further amended by (1) striking from subsection (b)(1), project 74—1-g, cascade uprating program, gaseous diffusion plants, the figure "$183,100,000" and substituting therefor the figure "$259,600,000"; and (2) striking from subsection (b)(2), project 74—2-c, high energy laser facility, Lawrence Livermore Laboratory, California, the figure "$20,000,000" and substituting therefor the figure "$25,000,000". (c) Section 101 of Public Law 93-276 is amended by (1) striking from subsection (b)(1), project 75-1-a, additional facilities, high level waste handling and storage. Savannah River, South Carolina, the figure "$30,000,000" and substituting therefor the figure "$33,000,000"; (2) striking from subsection (b)(1), project 75-1-c, new waste calcining facility, Idaho Chemical Processing Plant, National Reactor Testing Station, Idaho, the figure "$20,000,000" and substituting therefor the figure "$27,500,000"; (3) striking from subsection (b)(3), project 75-3-e, addition to building 350 for safeguards analytical laboratory, Argonne National Laboratory, Illinois, the figure "$3,500,000" and substituting therefor the figure "$4,300,000"; (4) striking from subsection (b)(6), project 75-6-c, positron-electron joint project, Lawrence Berkeley Laboratory and Stanford Linear Accelerator Center, the figure "$900,000" and substituting therefor the figure "$11,900,000"; and (5) striking from subsection (b)(7), project 75-7-c, intermediate-level waste management facilities. Oak Ridge National Laboratory, Tennessee, the figure "$9,500,000" and substituting therefor the figure "$10,500,000". (d) Section 106 of Public Law 91-273, as amended, is further amended by deleting the present text thereof and substituting therefor the following: SEC. 104. RESCISSIONS.— (a) Public Law 92-314, as amended, is further amended by rescinding therefrom authorization for a project, except for funds heretofore obligated, as follows: Project 73-5-d, modifications to TREAT facility, National Reactor Testing Station, Idaho, $1,500,000. (b) Public Law 93-60, as amended, is further amended by rescinding therefrom authorization for a project, except for funds heietofore obligated, as follows: Project 74-3-e, modifications to T R E A T facility, National Reactor Testing Station, Idaho, $2,500,000. (c) Public Law 93-276, as amended, is further amended by rescinding therefrom authorization for projects, except for funds heretofore obligated, as follows: Project 75-13-a, hydrothermal pilot plant, $1,000,000. Project 75-5-e, high temperature gas reactor fuel reprocessing facility. National Reactor Testing Station, Idaho, $10,100,000. Project 75-5-f, high temperature gas reactor fuel refabrication pilot plant. Oak Ridge National Laboratory, Tennessee, $3,000,000. TITLE II—AUTHORIZATION OF APPROPRIATIONS FOR THE P E R I O D J U L Y 1, 1976, THROUGH SEPTEMBER 30, 1976 SEC. 201. There is hereby authorized to be appropriated to the Energy Research and Development Administration in accordance with the provisions of section 261 of the Atomic Energy Act of 1954, as amended (42 U.S.C. 2017), section 305 of the Energy Reorganization Act of 1974 (42 U.S.C. 5875), and section 16 of the Federal Nonnuclear Energy Research and Development Act of 1974 (42 U.S.C. 5915):

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 PUBLIC LAW 94-187—DEC. 31, 1975

89 STAT. 1069

(a) For "Operating expenses", for the following programs, a sum of dollars equal to the total of the following amounts: (1) FOSSIL ENERGY DEVELOPMENT.—

(A) Coal liquefaction: Costs, $16,000,000. Changes in selected resources, $12,750,000. (B) High Btu gasification (coal): Costs, $7,450,000. Changes in selected resources, $1,800,000. (C) Low Btu gasification (coal): Costs, $7,300,000. Changes in selected resources, $5,350,000. Provided, That not less than 20 per centum of the funds appropriated pursuant to this subparagraph (C) shall be used for in situ processes. (D) Advanced power systems (coal): Costs, $2,050,000. Changes in selected resources, $1,450,000. (E) Direct combustion (coal): Costs, $5,100,000. Changes in selected resources, $9,800,000. (F) Advanced research and supporting technology (coal), for the following: (i) Advanced coal conversion process: Costs, $2,100,000. Changes in selected resources, $1,900,000. (ii) Advanced direct coal utilization process: Costs, $500,000. Changes in selected resources, $500,000. "SEC. 106. LIQUID METAL FAST BREEDER EEACTOR DEMONSTRATION

Cooperative arrangements.

PROGRAM—FOURTH ROUND.— (a) The Energy Research and Development Administration (ERDA) is hereby authorized to enter into cooperative arrangements with reactor manufacturers and others for participation in the research and development, design, construction, and operation of a Liquid Metal Fast Breeder Reactor powerplant, in accordance with criteria approved by the Joint Committee on Atomic Energy, without regard to the provisions of section 169 of the Atomic Energy Act of 1954, as amended. Appropriations are hereby author- 42 USC 2209. ized for the period consisting of the fiscal year ending June 30, 1976, and the interim period following that fiscal year and ending September 30, 1976, for the aforementioned cooperative arrangements as shown in the basis for arrangements as submitted in accordance with subsection (b) hereof. In addition, ERDA may agree to provide assist- Waiver. ance in the form of waiver of use charges during the term of the cooperative arrangements without regard to the provisions of section 53 of the Atomic Energy Act, as amended, by waiving use charges in 42 USC 2073. an amount not to exceed $10,000,000. "(b) Before ERDA enters into any arrangement or amendment Proposal, thereto under the authority of subsection (a) of this section, the basis submittal to Joint for the arrangement or amendment thereto which ERDA proposes to eommittee on execute (including the name of the proposed participating party or Atomic Energy. parties with which the arrangement is to be made, a general description of the proposed powerplant, the estimated amount of cost to be incurred by ERDA and by the participating parties, and the general features of the proposed arrangement or amendment) shall be submitted to the Joint Committee on Atomic Energy, and a period of forty-five days shall elapse while Congress is in session (in computing such forty-five days, there shall be excluded the days on which either

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Rh The pines have been succeeded by boxwood that brings in a certain revenue. It is not cut till the stem has attained a girth of three inches; but it would be well if it were allowed to reach a girth of four or five, as it serves as a valuable cover for young pines where attempts are made to replant. The box never grows very high, but some bushes arrive at the height of fifteen feet, and a girth of trunk of fifteen inches. The wood is made use of for the turning the beads of the rosaries, made at Betharam, Saumur, and Lalouvesc in the Boutierès. It cannot be utilized till the stem has arrived at the diameter of a two-franc piece. In 1892 the boxwood from Laruns sold for 3185 francs, but in 1895 for not more than a thousand francs.

At Louvie Juxon and above Bielle and Bilhères, near the entrance of Benon, are what the French call cromlechs, circles of stones, supposed to be prehistoric monuments. These are, however, very small, the stones insignificant, and the shepherds of the district state that precisely similar stones are planted by themselves about temporary huts of branches and turf that they erect when obliged to spend nights as well as days on the mountain.

Bielle was the ancient capital of Ossau. This valley was a republic under the suzerainty of the viscounts of Béarn. It governed itself, and had its own courts of justice, and absolutely refused to suffer the soldiers of the viscount to enter their little republic. He himself was not recognized till he had sworn to respect its rights and privileges as contained in the ancient fors.

At the present day a candidate for election to the Assembly addresses the electors always as "Messieurs d'Ossau." It was by this title that the princes of Béarn spoke to them. In Ossau there were no nobles; there was no appeal from the

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Page:United States Statutes at Large Volume 89.djvu/1130

 89 STAT. 1070 Waiver.

31 USC 665.

PUBLIC LAW 94-187—DEC. 31, 1975 House is not in session because of adjournment for more than three days): Provided, however, That the Joint Committee, after having received the basis for a proposed arrangement or amendment thereto, may by resolution in writing waive the conditions of all, or any portion of, such forty-five-day period: Provided, further, That such arrangement or amendment shall be entered into in accordance with the basis for the arrangement or amendment submitted as provided herein: And provided further, That no basis for arrangement need be resubmitted to the Joint Committee for the sole reason that the estimated amount of the cost to be incurred by ERDA exceeds the estimated cost previously submitted to the Joint Committee by not more than 15 per centum. Notwithstanding the foregoing, ERDA, in each of its annual budget submissions, shall submit for the information and review of the Joint Committee in the exercise of its oversight responsibility, the anticipated obligations and costs for the ensuing fiscal year for the project authorized under subsection (a) of this section. "(c) The ERDA is hereby authorized to agree, by modification to the definitive cooperative arrangement reflecting such changes therein as it deems appropriate for such purpose, to the following: (1) to execute and deliver to the other parties to the definitive contract, the special undertakings of indemnification specified in said contract, which undertakings shall be subject to availability of appropriations to ERDA and to the provisions of section 3679 of the Revised Statutes, as amended; and (2) to acquire ownership and custody of the property constituting the Liquid Metal Fast Breeder Reactor powerplant or parts thereof, and to use, decommission, and dispose of said property, as provided for in the definitive contract." (iii) Advanced supporting research: Costs, $1,400,000. Changes in selected resources, $450,000. (iv) Systems studies: Costs, $1,400,000. Changes in selected resources, $1,600,000. (G) Demonstration plants (coal): Costs, $4,100,000. Changes in selected resources, $4,900,000. (H) Natural gas and oil extraction: Costs, $9,930,000. Changes in selected resources, $600,000. (I) Natural gas and oil utilization: Costs, $500,000. Changes in selected resources (minus) $50,000, (J) Oil shale in situ processing: Costs, $4,241,000. Changes in selected resources, $529,000. (K) Oil shale composition and characterization: Costs, $300,000. Changes in selected resources, $0. (L) Magnetohydrodynamics. Costs, $6,700,000. Changes in selected resources, $1,700,000. (2) S O L A R ENERGY DEVELOPMENT.—

Costs, $24,500,000. Changes in selected resources, $19,203,000. (3)

GEOTHERMAL ENERGY DEVELOPMENT.—

Costs, $10,100,000. Changes in selected resources, $850,000.

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 alive to the chemical and physical discoveries being rapidly made at that time, and in 1819 he gave in his lectures Oersted's famous experiments, showing the deviation produced in a magnetised needle by an electric current parallel to its axis, and observed, ‘Here we have the principle of an electric telegraph.’ He was one of those who contributed much to the early fame of the Cambridge Philosophical Society, of which he was for some time president, and his papers in its ‘Transactions,’ vols. i. and ii., and in Thomson's ‘Annals of Philosophy,’ new ser. vols. v. vi. and vii. (1823–4), though extremely unpretentious, are landmarks in electro-magnetism and thermo-electricity. He ‘seems, in fact, to have made an independent discovery of thermo-electricity’ (, ‘Rede Lecture,’ Nature, 29 May 1873, p. 86). He constructed most delicate electroscopes, and made important modifications and simplifications of electrical methods. He was the first to show, in 1823, that when the temperature of one junction of certain thermo-electric circuits was gradually raised, the current gradually rose to a maximum, then fell off, and finally was reversed at a red heat. He published an extended thermo-electric series in an appendix to his important paper ‘On the Development of Electro-Magnetism by Heat’ (Camb. Phil. Trans. ii. 47–76), read 28 April 1823. Had he been more ambitious and of less uncertain health, his clearness and grasp and his great aptitude for research might have carried him into the front rank of discoverers. He was remarkable for getting at the pith of any question and presenting it clearly, and thus made an excellent teacher, to which result also the success of his experiments contributed. He continued to lecture till 1860, and for years after went on working in his laboratory, within a few weeks of his death suggesting some ingenious crucial experiments in physical optics. He died on 10 Nov. 1861 at North Runcton, near Lynn, Norfolk, of which place he had been rector since 1819. Cumming was highly respected for his independence of thought and action and his kindly and unostentatious character. He was a liberal, well read in literature, conversationally polished, and good-naturedly ironical.

In 1827 Cumming published ‘A Manual of Electro-Dynamics,’ based on Montferrand's ‘Manuel d'Electricité Dynamique,’ with large additions and improvements. His papers, besides those already referred to, include a ‘Report on Thermo-Electricity’ in ‘Brit. Assoc. Reports,’ 1831–2, and two other papers, ib. 1833.

CUMMING, JOHN (1807–1881), divine, was born in the parish of Fintray, Aberdeenshire, 10 Nov. 1807. He was educated at the Aberdeen grammar school, and in 1822 became a student at the university. He showed ‘brilliant promise,’ and graduated M.A. in 1827. He then studied in the Divinity Hall, and during vacations acted as a private tutor. He was licensed to preach 3 May 1832 by the Aberdeen presbytery. Soon afterwards, while acting as tutor in Kensington, he was invited to preach in the National Scottish Church at Crown Court, Covent Garden. On 18 Aug. 1832 he received a call from the church. In 1833 he married Elizabeth, daughter of James Nicholson, one of the elders. The church was then very small and inconvenient, and the minister's income not over 200l. His preaching soon attracted a larger congregation; and in 1847 the church was rebuilt at a cost of 5,000l. It was opened in 1848, with sittings for a thousand persons. The income from pew rents reached 1,500l.; but Cumming refused to receive more than 900l., the remainder paying off the debt incurred for rebuilding. He afterwards raised funds by which schools in Little Russell Street were added in 1849; and ragged schools, with a church, in Brewer's Court in 1855. Cumming took an active part in a great number of philanthropic movements, and was a popular preacher. Cumming was prominent as a controversialist. He opposed the seceders, who ultimately formed the Free church, in many pamphlets and lectures. He declined several invitations to accept important charges in Scotland, vacated through that event. In 1839 he had a public discussion at Hammersmith, in which he defended protestant doctrine against Daniel French, a Roman catholic barrister. The published report went through many editions. He took part in the Maynooth controversy of 1845; he lectured on the same subject for the Protestant Reformation Society in 1849; he presided at meetings to protest against the ‘papal aggression’ of 1850; and had a correspondence with Cardinal Wiseman upon the ‘persecuting clause’ of the archiepiscopal oath. A testimonial was presented to him, to which the Duke of Norfolk subscribed. In 1853 the Wiseman controversy was revived, and a meeting was held at Exeter Hall, which the cardinal was invited to attend. Cumming became most widely known by his writings on the interpretations of prophecy, holding that the ‘last vial’ of the Apocalypse was to be poured out from 1848 to 1867. In 1863 he lectured against Bishop Colenso. In 1868, when the Œcumenical Council was summoned by Pius IX, Cum-


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 PUBLIC LAW 94-187—DEC. 31, 1975 (4)

CONSERVATION RESEARCH AND DEVELOPMENT.—

(A) Electric Power Transmission: Costs, $2,673,000. Changes in selected resources (minus) $100,000. (B) Advanced Transportation Power Systems: Costs, $4,750,000. Changes in selected resources, $1,060,000. (C) Energy Storage Systems: Costs, $5,400,000. Changes in selected resources, $900,000. (D) End-use Conservation: Costs, $8,000,000. Changes in selected resources, $2,000,000. (E) Improved Conversion Efficiency: Costs, $3,475,000. Changes in selected resources, $1,100,000. (F) Urban Waste Conversion: Costs, $2,500,000. Changes in selected resources, $1,250,000. (5) NUCLEAR ENERGY AND OTHER PROGRAMS.—$914,849,000, of which a sum of dollars for the following programs equal to the total of the following amounts is included: (A) Scientific and technical education in support of Nonnuclear Energy Technologies: Costs, $1,125,000. Changes in selected resources, $337,000. (B) General new programs in Environmental and Safety Research in support of nonnuclear energy technology: Costs, $5,525,000. Changes in selected resources, $1,919,000. (C) For use as provided in section 316 of this Act: Costs, $1,000,000. Changes in selected resources, $250,000. (D) Nonpulmonary health studies on miners and people living in areas subjected to a high incidence of sulphur oxides and trace elements: Costs, $100,000. Changes in selected resources, $25,000. (E) New programs of physical research in molecular and materials sciences in support of nonnuclear technologies: Costs, $3,931,000. Changes in selected resources, $1,168,000. (F) $687,000 shall be available pursuant to sections 14 and 16 of the Federal Nonnuclear Energy Research and Development Act of 1974 (42 U.S.C 5913 and 5915) as follows: (i) $312,000 for the National Bureau of Standards; (ii) $125,000 for the Council on Environmental Quality; and (iii) $250,000 for the Water Resources Council, (b) For "Plant and capital equipment", including construction, acquisition, or modification of facilities, including land acquisition; and acquisition and fabrication of capital equipment not related to construction, a sum of dollars equal to the total of the incremental amounts of the following:

89 STAT. 1071

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 89 STAT. 1072

PUBLIC LAW 9 4 - 1 8 7 — D E C. 31, 1975 FOSSIL E N E R G Y DEVELOPMENT (1) C O A L. —

Project 76-1-a, clean boiler fuel demonstration p l a n t ( A - E and long-lead procurement), $8,000,000. Project 76-1-b, H i g h B t u synthetic pipeline gas demonstration p l a n t ( A - E and long-lead procurement), $5,000,000. Project 76-1-c, Low B t u fuel gas demonstration p l a n t ( A - E and long-end p r o c u r e m e n t), $3,750,000. Project 76-1-d, Fluidized bed direct combustion demonstration plant,'$3,250,000. SOLAR, GEOTHERMAL, AND ADVANCED E N E R G Y SYSTEMS DEVELOPMENT (2)

SOLAR ENERGY DEVELOPMENT.—

Project 7&-2-a, F i v e megawatt solar the r m a l test facility, $1,250,000. Project 76-2-b, Ten megawatt central receiver solar thermal powerplant ( A - E and long-lead procurement), $1,250,000. (3) GEOTHERMAL ENERGY DEVELOPMENT.—

Project 76-3-a, Geothermal powerplant (steam) ( A - E and longlead procurement), $1,250,000. Project 76-3-b, Geothermal powerplant ( A - E and long-lead procurement), $1,250,000. (4)

P H Y S I C A L RESEARCH.—

Project 7 6 ^ t - a, accelerator and reactor improvements and modifications, $1,000,000. NUCLEAR E N E R G Y DEVELOPMENT (5)

F U S I O N POWER RESEARCH AND DEVELOPMENT.—

Project 76-5-a, tokamak fusion test reactor, Princeton Physics Laboratory, Plainsboro, New Jersey, $7,000,000. (6) (7)

Plasma

GENERAL PLANT PROJECTS.—^$15,900,000. CONSTRUCTION PLANNING AND DESIGN.—$1,500,000. CAPITAL EQUIPMENT N O T RELATED TO CONSTRUCTION

(8)

CAPITAL EQUIPMENT. —

Acquisition and fabrication of capital equipment not related to construction, for the following programs, a sum of dollars equal to the total of the following a m o u n t s: (A) Fossil energy development, $200,000. (BJ Geothermal energy development, $200,000. (C) Conservation research and development including improved conversion efficiency, $2,900,000. (D) Physical research in molecular and materials sciences in support of nonnuclear energy technology, $1,037,000. (E) Environmental and safety research in s u p p o r t of nonnuclear energy technologies, $500,000. (F) Nuclear energy and other programs, $58,086,000. SEC. 202. L I M I T A T I O N S. — (a) The Administration is authorized to start any project set forth in subsections 201(b)(4) and (5) only if the currently estimated cost of that project does not exceed by more than 25 per centum the estimated cost set forth for that project. (b) The Administration is authorized to start any project under subsection 201(b)(6) only if it is in accordance with the following: (1) The maximum currently estimated cost of any project shall be $750,000 and the maximum currently estimated cost of any building included in such project shall be $300,000: Provided,

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 PUBLIC LAW 94-187—DEC. 31, 1975

89 STAT. 1073

That the building cost limitation may be exceeded if the Administration determines that it is necessary in the interest of efficiency and economy.' (2) The total cost of all projects undertaken under subsection 201(b)(6) shall not exceed the estimated cost set forth in that subsection by more than 10 per centum, (c) The total cost of any project undertaken under subsection 201 (b)(4) and (5) shall not exceed the estimated cost set forth for that project by more than 25 per centum, unless and until additional appropriations are authorized under section 261 of the Atomic Energy Act of 1954, as amended: Provided, That this subsection will not apply to any project with an estimated cost less than $5,000,000. SEC. 203. AMENDMENT OF PRIOR YEAR ACT S. — (a)

Section 101

of

Public Law 91-273, as amended, is further amended by striking from 84 Stat. 299. subsection (b)(1), project 7 l - l - f, process equipment modifications, gaseous diffusion plants, the figure "$478,100,000" and substituting therefor the figure "$510,100,000". (b) Section 101 of Public Law 93-60, as amended, is further 87 Stat. 143. amended by striking from subsection (b)(1), project 74-1-g, cascade u p r a t i n g program, gaseous diffusion plants, the figure "$259,600,000" and substituting therefor the figure "$270,400,000". TITLE III—GENERAL PROVISIONS PART A—PROVISIONS RELATING TO PROGRAMS OTHER T H A N FOSSIL E N E R G Y DEVELOPMENT

SEC. 301. The Administrator is authorized to perform construction Construction design services for any Administration construction project whenever design services. (1) such construction project has been included in a proposed authorization bill transmitted to the Congress by the Administrator, and (2) the Administrator determines that the project is of such urgency that construction of the project should be initiated promptly upon enactment of legislation a p p r o p r i a t i n g funds for its construction. SEC. 302. Any moneys received by the Administration may be retained and used for operating expenses (except sums received from disposal of property under the Atomic Energy Community Act of 1955 and the Strategic and Critical Materials Stockpiling Act, as amended, and fees received for tests or investigations under the Act of May 16, 1910, as amended (42 U.S.C. 2301; 50 U.S.C. 98h; 30 U. S. C 7)), notwithstanding the provisions of section 3617 of the Revised Statutes (31 U.S.C. 484), and may remain available until expended. SEC. 303. Transfers of sums from the " Operating expenses" appropriation may be made to other agencies of the Government for the performance of the work for which the appropriation is made, and in such cases the sums so transferred, may be merged with the appro- Transfer of sums, priation to which transferred. SEC. 304. Sections 301, 302, and 303 of this Act do not apply to fossil energy development programs of the Administration. P A R T B — PROVISIONS RELATING TO NONNUCLEAR E N E R G Y DEVELOPMENT

SEC. 305. REPROGRAMING AUTHORITY.—Except as provided in part C of this title— (1) no amount appropriated pursuant to this Act may be used for any nonnuclear program in excess of the amount actually authorized for that particular program by this Act,

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 89 STAT. 1074

Allocation of funds, explanation to congressional committees.

30 USC 1122.

Report to congressional committees.

42 USC 5801 note.

42 USC 5904 note.

42 USC 5914 note.

PUBLIC LAW 94-187—DEC. 31, 1975 (2) no amount appropriated pursuant to this Act may be used for any nonnuclear program which has not been presented to, or requested of, the Congress, unless (A) a period of thirty calendar days (not including any day in which either House of Congress is not in session because of adjournment of more than three calendar days to a day certain) has passed after the receipt by the Committee on Science and Technology of the House of Representatives and the Committee on Interior and Insular Affairs of the Senate of notice given by the Administrator containing a full and complete statement of the action proposed to be taken and the facts and circumstances relied upon in support of such proposed action, or (B) each such committee before the expiration of such period has transmitted to the Administrator written notice to the effect that such committee has no objection to the proposed action: Provided, That the following categories may not, as a result of reprograming, be decreased by more than 10 per centum of the sums appropriated pursuant to this Act for such categories: Coal, petroleum and natural gas, oil shale, solar, geothermal, and conservation. SEC. 306. The Administrator shall submit to the Committee on Science and Technology of the House of Representatives and the Committee on Interior and Insular Affairs of the Senate a detailed explanation of the allocation of the funds appropriated pursuant to sections 101(a) and 201 (a) of this Act for nonnuclear energy programs and subprograms, reflecting the relationships, consistencies, and dissimilarities between those allocations and (a) the comprehensive program definition transmitted pursuant to section 102 of the Geothermal Energy Research, Development, and Demonstration Act, (b) the comprehensive program definition transmitted pursuant to section 15 of the Solar Energy Research, Development, and Demonstration Act of 1974 (42 U.S.C. 5564), (c) the comprehensive nonnuclear energy research development, and (d) demonstrations transmitted pursuant to section 6 of the Federal Nonnuclear Energy Research and Development Act of 1974 (42 U.S.C. 5905). SEC. 307. When so specified in an appropriation Act, any amount appropriated pursuant to this Act for "Operating expenses" or for "Plant and capital equipment" for nonnuclear energy may remain available until expended. SEC. 308. The Administrator shall, by June 30, 1976, and by the end of each fiscal year thereafter, submit a report to the Committee on Science and Technology of the House of Representatives and the Committee on Interior and Insular Affairs of the Senate detailing the extent to which small business and nonprofit organizations are being funded by the nonnuclear research, development, and demonstration programs of the Administrator, and the extent to which small business involvement pursuant to section 2(d) of the Energy Reorganization Act of 1974 (42 U.S.C. 5801(d)) is being encouraged by the Administrator. SEC. 309. The Administrator shall coordinate nonnuclear programs of the Administration with the heads of relevant Federal agencies in order to minimize unnecessary duplication of programs, projects, and research facilities. SEC. 310. The Administrator shall, as soon as practicable and consistent with design, economic, and feasibility studies, include in an annual authorization proposal a recommendation on construction of at least one demonstration offshore wind-electric generating facility. SEC. 311. As a part of the annual report required by section 15(a)(1) of the Federal Nonnuclear Energy Research and Development Act of 1974 (42 U.S.C. 5914(a)(1)), the Administrator shall:

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 PUBLIC LAW 94-187—DEC. 31, 1975

89 STAT. 1075

(a) detail the Solar Energy Division personnel level recommended for the current fiscal year by the Administrator and submitted to the Office of Management and Budget, and the personnel level authorized upon review by that Office; and (b) detail progress toward completion by Januarj'^ 1, 1980, of the objectives of the Solar Energy Research Development, and Demonstration Act of 1974 (42 U.S.C. 5551, et seq.). SEC. 312. The Federal Nonnuclear Energy Research and Development Act of 1974 (42 U.S.C. 5901) is amended by adding at the end thereof the following new section: a CENTRAL SOURCE OF NONNUCLEAR ENERGY

INFORMATION

"SEC. 17. The Administrator shall promptly establish, develop, 42 USC 5916. acquire, and maintain a central source of information on all energy resources and technology in furtherance of the Administrator's research, development, and demonstration mission carried out directly or indirectly under this Act, When the Administrator determines that such information is needed to carry out the purposes of this Act, he may acquire proprietary and other information (a) by purchase through negotiation or by donation from any person, or (b) from another Federal agency. The information maintained by the Admin- Availability, istrator shall be made available to the public, subject to the provisions of section 552 of title 5, United States Code, and section 1905 of title 18, United States Code, and to other Government agencies in a manner that will facilitate its dissemination: Provided, That upon a showing satisfactory to the Administrator by any person that any information, or portion thereof, obtained under this section by the Administrator directly or indirectly from such person, would, if made public, divulge (1) trade secrets or (2) other proprietary information of such person, the Administrator shall not disclose such information and disclosure thereof shall be punishable under section 1905 of title 18, United States Code: Provided further, That the Administrator shall, upon request, provide such information to (A) any delegate of the Administrator for the purpose of carrying out this Act, and (B) the Attorney General, the Secretary of Agriculture, the Secretary of the Interior, the Federal Trade Commission, the Federal Energy Administration, the Environmental Protection Agency, the Federal Power Commission, the General Accounting Office, other Federal agencies, when necessary to carry out their duties and responsibilities under this and other statutes, but such agencies and agency heads shall not release such information to the public. This section is not authority to withhold information from Congress or any committee of Congress upon request of the chairman.". SEC. 313. The Federal Nonnuclear Energy Research and Development Act of 1974 (42 U.S.C. 5901) is amended by adding at the end thereof (after the new section added by section 312 of this Act) the following new section: "ENERGY INFORMATION

"SEC. 18. The Administrator is, upon request, authorized to obtain 42 USC 5917. e n e r ^ information under section 11(d) of the Energy Supply and Environmental Coordination Act of 1974, as amended (15 U.S.C. 796(d)).".

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 89 STAT. 1076

PUBLIC LAW 94-187—DEC. 31, 1975 PART C—PROVISIONS RELATING TO FOSSIL ENERGY DEVELOPMENT

Determination and data, transmittal to congressional committees.

Report to congressional committees.

Report to' congressiona committees.

SEC. 314. Funds appropriated pursuant to this Act for " Operating expenses" for fossil energy purposes may be used for (1) any facilities which may be required at locations, other than installations of the Administration, for the performance of research and development contracts, and (2) g r a n t s to any organization for purchase or construction of research facilities. No such funds shall be used for the acquisition of land. Fee title to all such facilities shall be vested in the United States, unless the Administrator determines in writing that the programs of research and development authorized by this Act shall best be implemented by vesting fee title in an entity other than the United States: Provided, That, before approving the vesting of title in such entity, the Administrator shall (A) transmit such determination, together with all pertinent data, to the Committee on Science and Technology of the House of Representatives and the Committee on Interior and Insular Affairs of the Senate, and (B) wait a period of t h i r t y calendar days (not including any day in which either House of Congress is not in session because of adjournment of more than three calendar days to a day certain), unless prior to the expiration of such period each such committee has transmitted to the Administrator written notice to the effect that such committee has no objection to the proposed action. E a c h g r a n t shall be made under such conditions as the Administrator deems necessary to insure that the United States will receive therefrom benefits adequate to justify the making of the grant. No such funds shall be used under clause (1) of the first sentence of this section for the construction of any major facility the estimated cost of which, including collateral equipment, exceeds $250,000 unless the Administrator shall (i) transmit a report on such major facility showing the nature, purpose, location, and estimated cost of such facility to the Committee on Science and Technology of the House of Representatives and the Committee on Interior and Insular Affairs of the Senate, and (ii) wait a period of thirty calendar days (not including any day in which either House of Congress is not in session because of adjournment of more than three calendar days to a day certain), unless prior to the expiration of such period each such committee has transmitted to the Administrator written notice to the effect that such committee has no objection to the proposed action. SEC. 315. Not to exceed three per centum of all funds appropriated pursuant to this Act for " Operating expenses" for fossil energy purposes may be used by the Administrator to construct, expand, or modify laboratories and other facilities, including the acquisition of land, at any location under the control of the Administrator, if the Administrator determines that (1) such action would be necessary because of changes in the national programs authorized to be funded by this Act or because of new scientific or engineering developments, and (2) deferral of such action until the enactment of the next authorization Act would be inconsistent with the policies established by Congress for the Administration. No portion of such sums may be obligated for expenditure or expended for such activities, unless (A) a period of t h i r t y calendar days (not including any day in which either House of Congress is not in session because of adjournment of more than three calendar days to a day certain) has passed after the Administrator has transmitted to the Committee on Science and Technology of the House of Representatives and the Committee on Interior and I n s u l a r Affairs of the Senate a written report containing a full and complete statement concerning (i) the n a t u r e of construction, expan-

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Page:United States Statutes at Large Volume 89.djvu/1137

 PUBLIC LAW 94-187—DEC. 31, 1975

89 STAT. 1077

sion, or modification, (ii) the cost thereof, including the cost of any real estate action pertaining thereto, and (iii) the reason why such construction, expansion, or modification is necessary and in the national interest, or (B) each such committee before the expiration of such period has transmitted to the Administrator written notice to the effect that such committee has no objection to the proposed action. SEC. 316. The Administrator shall conduct an environmental and safety research, development, and demonstration program related to fossil fuels. TITLE IV—OAK E I D G E H O L I F I E L D NATIONAL LABOEATORY SEC. 401. The Holifield National Laboratory at Oak Ridge, Tennessee, shall hereafter be known and designated as the "Oak Ridge National Laboratory". Any reference in any law, map, regulation, document, record, or other paper of the United States to the Holifield National Laboratory or to the Oak Ridge National Laboratory shall be held to be a reference to the "Oak Ridge National Laboratory". SEC. 402. The Heavy Ion Research Facility under construction at Oak Ridge, Tennessee, is hereby designated as the "Holifield Heavy Ion Research Facility". Any reference in any law, regulation, map, record, or other document of the United States to the Heavy Ion Research Facility shall be considered a reference to the "Holifield Heavy Ion Research Facility".

Designation,

Holified Heavy Ion Researcli Facility. Designation.

TITLE V—AIR TRANSPORTATION OF PLUTONIUM SEC. 501. The Energy Research and Development Administration 42 USC 5817 shall not ship plutonium in any form by aircraft whether exports, note. imports, or domestic shipment: Provided, That any exempt shipments of plutonium, as defined by section 502, are not subject to this restriction. This restriction shall be in force until the Energy Research and Development Administration has certified to the Joint Committee on Atomic Energy of the Congress that a safe container has been developed and tested which will not rupture under crash and blast testing equivalent to the crash and explosion of a high-flying aircraft. SEC. 502. For the purposes of this title, the term "exempt shipments "Exempt shipment of of plutonium" shall include the following: (1) Plutonium shipments in any form designed for medical plutonium." 42 USC 5817 application. (2) Plutonium shipments which pursuant to rules promulgated note. by the Administrator of the Energy Research and Development Administration are determined to be made for purposes of national security, public health and safety, or emergency maintenance operations. (3) Shipments of small amounts of plutonium deemed by the Administrator of the Energy Research and Development Administration to require rapid shipment by air in order to preserve the chemical, physical, or isotopic properties of the transported item or material. TITLE VI—ASSISTANCE PAYMENTS AMENDMENTS SEC. 601. Chapter 9 of the Atomic Energy Community Act of 1955 (42 U.S.C. 2391 et seq.) is amended— (1) by striking out "Commission" each time it appears in sections 91 and 94, the first time it appears in section 92, and where

42 USC 2391, 2394, 2392.

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Page:United States Statutes at Large Volume 89.djvu/1138

 89 STAT. 1078 42 USC 2393. 42 USC 2391.

42 USC 2392, 2394.

PUBLIC LAW 94-187—DEC. 31, 1975 it appears in section 93, and inserting in each instance in lieu thereof the following: "Administrator"; (2^ by striking out "atomic energy" in section 91a (2) and inserting "Energy Research and Development Administration" in lieu thereof; (Z) by striking out "its" in section 91d; (4) by striking out "itself" in section 91e; (5) by striking out the period at the end of the first sentence of section 91a, and inserting in lieu thereof the following: ": Provided further, That the Administrator is also authorized to make payments of just and reasonable sums to Anderson County and Eoane County, Tennessee."; (6) by inserting immediately after "Eichland School District" in section 91d, but before the closing of parentheses, the following: ""; or not less than six months prior to June 30, 1986, in the case of Ajiderson County and Roane County, Tennessee"; (7) by striking out "Commission" in the catchlines of sections 92 and 94; (8) by striking out "Commission" the second time it appears in section 92, and inserting "Energy Research and Development Administration" in lieu thereof; and (9) by striking out the final period in section 93 and inserting in lieu thereof the following: "; and in the case of Anderson County and Roane County, Tennessee, shall not extend beyond June 30, 1986.". Approved December 31, 1975.

LEGISLATIVE HISTORY: HOUSE REPORTS: No. 94-294 (Jpint eommittee on Atomic Energy and Comm. on Science and Technology) and No. 94-696 (Comm. of eonference). SENATE REPORTS: No. 94-104 (Joint Committee on Atomic Energy) and No. 94-332 (Comm. on Interior and Insular Affairs) both accompanying S. 598 and No. 94-514 (Comm. of eonference). CONGRESSIONAL RECORD, Vol. 121 (1975): June 19, 20, considered and passed House. July 31, considered and passed Senate, amended, in lieu of S. 598. Dec. 9, Senate agreed to conference report. Dec. 11, House rejected the conference report; concurred in Senate amendment with an amendment. Dec. 18, Senate concurred in House amendment.

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Page:United States Statutes at Large Volume 89.djvu/1139

 PUBLIC LAW 94-188—DEC. 31, 1975

89 STAT. 1079

Public Law 94-188 94th Congress An Act To extend the Appalachian Regional Development Act of 1965, to increase the authorizations for the title V Action Planning Commissions, 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 "Regional Development Act of 1975". TITLE I SEC. 101. This title may be cited as the "Appalachian Regional Development Act Amendments of 1975". SEC. 102. Section 2 of the Appalachian Regional Development Act of 1965 (40 App. U.S.C. 2) is amended by inserting " (a) " after "SEC. 2." and adding the following new subsection: "(b) The Congress further finds and declares that while substantial progress has been made toward achieving the foregoing purposes, especially with respect to the provision of essential public facilities, much remains to be accomplished, especially with respect to the provision of essential health, education, and other public services. The Congress recognizes that changes and evolving national purposes in the decade since 1965 affect not only the Appalachian region, but also its relationship to a nation now assigning higher priority to conservation and the quality of life, values long cherished within the region. Appalachia now has the opportunity, in accommodating future growth and development, to demonstrate local leadership and coordinated planning so that housing, public services, transportation and other community facilities will be provided in a way congenial to the traditions and beauty of the region and compatible with conservation values and an enhanced quality of life for the people of the region. The Congress recognizes also that fundamental changes are occurring in national energy requirements and production, which not only risk short-term dislocations but will undoubtedly result in major long-term effects in the region. It is essential that the opportunities for expanded energy production be used so as to maximize the social and economic benefits and minimize social and environmental costs to the region and its people. It is, therefore, also the purpose of this Act to provide a framework for coordinating Federal, State and local efforts toward (1) anticipating the effects of alternative energy policies and practices, (2) planning for accompanying growth and change so as to maximize the social and economic benefits and minimize social and environmental costs, and (3) implementing programs and projects carried out in the region by Federal, State, and local governmental agencies so as to better meet the special problems generated in the region by the Nation's energy needs and policies, including problems of transportation, housing, community facilities, and human services.". SEC. 103. Section 101 of the Appalachian Regional Development Act of 1965 (40 App. U.S.C. 101) is amended as follows: (1) The third sentence of subsection (a) is amended to read as follows: "Each State member shall be the Governor.".

Dec. 31, 1975 [H.R. 4073]

Regional Development Act of 1975. 42 USC 3181 note. Appalachian Regional Development Act Amendments of 1975. 40 USC app. 1 note.

Appalachian Regional eommission. Membership and voting.

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Page:United States Statutes at Large Volume 89.djvu/1140

 89 STAT. 1080

PUBLIC LAW 94-188—DEC. 31, 1975

(2) The last sentence of subsection (a) is amended by striking tHe period and inserting the following: "for a term of not less than one year.". (3) Subsection (b) is amended by adding the following: "No decision involving Commission policy, approval of State, regional or subregional development plans or implementing investment programs, any modification or revision of the Appalachian Regional Commission Code, or any allocation of funds among the States may be made without a quorum of State members present. The approval of project and grant proposals shall be a responsibility of the Commission and exer40 USC app.303. cised in accordance with section 303 of this Act.". State alternate. (4) The first sentence of subsection (c) is amended to read as follows: "Each State member may have a single alternate, appointed by the Governor from among the members of the Governor's cabinet or the Governor's personal staff.". (5) Subsection (c) is amended by adding at the end thereof the following: "A State alternate shall not be counted toward the establishment of a quorum of the Commission in any instance in which a quorum of the State members is required to be present. No Commission powers or responsibilities specified in the last two sentences of subsection (b) of this section, nor the vote of any Commission member, may be delegated to any person not a Commission member or who is not entitled to vote in C^'ommission meetings.". Compensation. SEC. 104. Subsection (d) of section 101 of the Appalachian Regional Development Act of 1965 (40 App. U.S.C. 101) is amended to read as follows: "(d) The Federal Cochairman shall be compensated by the Federal Government at level III of the Executive Schedule in subchapter II of 5 USC 5314. chapter 53 of title V, United States Code. His alternate shall be compensated by the Federal Government at level V of such Executive 5 USC 5316. Schedule, and when not actively serving as an alternate for the Federal Cochairman, shall perform such functions and duties as are delegated to him by the Federal Cochairman. Each State member and his alternate shall be compensated by the State which they represent at the rate established by law of such State.". SEC. 105. Section 102 of the Appalachian Regional Development Act of 1965 (40 App. U.S.C. 102) is amended by inserting " (a) " after "SEC. 102." and adding the following new subsection: " (b) In carrying out its functions under this section, the Commission shall identify the characteristics of. and may distinguish between the needs and goals of appropriate subregional areas, including central, northern, and southern A ppalachia.". Appropriation SEC. 106. Section 105(b) of the Appalachian Regional Development authorization. Act of 1965 (40 App. U.S.C. 105) is amended by adding at the end thereof the following new sentence: "To carrv oTit this section there is hereby authorized to be appropriated to the Commission, to be available until expended, not to exceed $4,600,000 for the period beginning July 1, 1975, and ending September 30, 1977 (of such amount not to exceed $800,000 shall be available for expenses of the Federal cochairman, his alternate and his staff), and not to exceed $5,000,000 for the two-fiscal-year period ending September 30, 1979 (of such amount not to exceed $900,000 shall be available for expenses of the Federal cochairman, his alternate and his staff).". SEC. 107. Paragraph (7) of section 106 of the Appalachian Regional Development Act of 1965 (40 App. U.S.C. 106) is amended by striking out "June 30, 1975" and inserting in lieu thereof, "September 30, 1979".

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Page:United States Statutes at Large Volume 89.djvu/1141

 PUBLIC LAW 94-188—DEC. 31, 1975 SEC. 108. Paragraph (2) of section 106 of the Appalachian Regional Development Act of 1965 (40 App. U.S.C. 106) is amended by inserting after the first sentence the following: "The executive director shall be responsible for carrying out the administrative functions of the Commission, for direction of the Commission staff, and for such other duties as the Commission may assign.". SEC. 109. Section 107 of the Appalachian Regional Development Act of 1965 (40 App. U.S.C. 107) is amended by inserting " (a) " after "SEC. 107." and adding the following new subsection: "(b) Public participation in the development, revision, and implementation of all plans and programs under this Act by the Commission, any State or any local development district shall be provided for, encouraged, and assisted. The Commission shall develop and publish regulations specifying minimum guidelines for such public participation, including put^lic hearings.". SEC. 110. Section 201 of the Appalachian Regional Development Act of 1965 (40 App. U.S.C. 201) is amended as follows: (1) The third sentence of subsection (a) is amended by striking "two thousand seven hundred miles" and inserting in lieu thereof "two thousand nine hundred miles"; and the fourth sentence of subsection (a) is amended by striking "one thousand six hundred miles" and inserting in lieu thereof "one thousand four hundred miles". (2) Subsection (g) is amended by striking "and $180,000,000 for the fiscal year ending June 30, 1978." and inserting in lieu thereof $250,000,000 for fiscal year 1978; $300,000,000 for fiscal year 1979; $300,000,000 for fiscal year 1980; and $170,000,000 for fiscal year 1981.". SEC. 111. Section 202 of the Appalachian Regional Development Act of 1965 (40 App. LLS.C. 202) is amended as follows: (1) The second sentence of subsection (a) is amended by (A) inserting after "not operated for profit" the phrase ", or previously operated for profit where the acquisition of such facilities is the most costeffective means for providing increased health services if the Commission finds that but for the acquisition of such facility such health services would not be otherwise provided in the area served by such facility,", and (B) inserting after "made in accordance" the phrase "with section 223 of this Act and shall not be incompatible". (2) The third sentence of subsection (c) of such section is amended by inserting "and title X X " after "title IV, parts A and B,". SEC. 112. Section 205 of the Appalachian Regional Development Act of 1965 (40 App. U.S.C. 205) is amended as follows: (1) The first sentence of subsection (a)(1) is amended by striking "and to control and abate mine drainage pollution." and inserting in lieu thereof "to control and abate mine drainage pollution; and for planning or engineering for any such activities.". (2) The first sentence of subsection (a)(2) is amended by inserting "planning, engineering, or" after "projects for". (3) The second sentence of subsection (b) of such section is amended by inserting "(including, but not limited to, sand, clay, stone, culm, rock, spoil bank and noncombustible materials)" after "materials". (4) Subsection (c) is amended to read as follows: "(c) Whenever a State, local government, or other nonprofit applicant agrees to indemnify the Federal Government, or its officers, agents, or employees, for all claims of loss or damage resulting from the use and occupation of lands for a project assisted under this section, the Secretary may waive all requirements for the submission

89 STAT. 1081

Plans and programs, public participation.

Regulations.

Appalachian development highway system.

Appropriation authorization.

Demonstration health projects.

Post, p. 1083.

Mining area restoration.

Waiver.

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Page:United States Statutes at Large Volume 89.djvu/1142

 8 9 STAT. 1082

PUBLIC LAW 94-188—DEC. 31, 1975

of releases, consents, waivers, or similar instruments respecting siich lands, but the Secretary may require security as he deems appropriate for any such indemnification agreement.". (5) Subsection (d) is amended to read as follows: " (d) No moneys authorized by this Act shall be expended for the purposes of reclaiming, improving, g r a d i n g, seeding, or reforestation of strip-mined areas, except on lands owned by Federal, State, or local government bodies or by private nonprofit entities organized under State law to be used for public recreation, conservation, community facilities, or public housing.". SEC. 113. Section 207 of the Appalachian Regional Development Grants and loans for housing Act of 1965 (40 A p p. U.S.C. 207) is amended as follows: projects. (1) Subsection (a) is amended to read as follows: " (a) I n order to encourage and facilitate the construction or rehabilitation of housing to meet the needs of low- and moderate-income families and individuals, the Secretary of Housing and Urban Development (hereafter in this section referred to as the 'Secretary') is authorized to make grants and loans from the Appalachian Housing F u n d established by this section, under such terms and conditions as he may prescribe, to nonprofit, limited dividend, or cooperative organizations, and public bodies, for planning and obtaining federally insured mortgage financing or other financial assistance for housing construction or rehabilitation projects for low- and moderate-income families and individuals, under section 221 of the National Housing Act, section 8 of the United States Housing Act of 1937, section 515 12 USC 1715/. 42 USC 1408. of the Housing Act of 1949, or any other law of similar purpose 42 USC 1485. administered by the Secretary or any other department, agency, or instrumentality of the Federal or State government, in any area of the Appalachian region determined by the Commission." (2) Subsection (c)(2) is amended to read as follows: " (2) The Secretary is authorized to make grants and commitments for grants, and may advance funds under such terms and conditions as he may require, to nonprofit, limited dividend, or cooperative organizations and public bodies for reasonable site development costs and necessary offsite improvements, such as sewer and water line extensions, whenever such a grant, commitment, or advance is essential to the economic feasibility of any housing construction or rehabilitation project for low- and moderate-income families and individuals which otherwise meets the requirements for assistance under this section, except that no such g r a n t for the construction of housing, shall exceed 10 per centum of the cost of such project, and no such g r a n t for the rehabilitation of housing shall exceed 10 per centum of the reasonable value of such rehabilitation housing, as determined by the Secretary.". (3) Subsection (e) is amended by inserting before the period at the end, the following: " and may provide funds to the States for making g r a n t s and loans to nonprofit, limited dividend, or cooperative organizations and public bodies for the purposes for which the Secretary is authorized to provide funds under this section". (4) By a d d i n g the following new subsection (f): " (f) Program s and projects assisted under this section shall be sub40 USC app. 402. ject to the provisions cited in section 402 of the Act, notwithstanding such section, to the extent provided in the laws authorizing assistance for low- and moderate-income housing.". Vocational SEC. 114. Section 211 of the Appalachian Regional Development education Act of 1965 (40 A p p. U.S.C. 214) is amended as follows: facilities. 40 USC app. 211.

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Page:United States Statutes at Large Volume 89.djvu/1143

 PUBLIC LAW 94-188—DEC. 31, 1975 (1) The first sentence of subsection (b)(1) is amended by striking out everything after "operating" and inserting in lieu thereof, "education projects which will serve to demonstrate area wide education planning, services, and programs, with special emphasis on vocational and technical education, career education, cooperative and recurrent education, guidance and counseling. Projects shall be selected with the involvement of all sectors of the community, including industry and labor.". (2) Subsection (b)(2) is amended by striking out "a vocational and technical" and inserting in lieu thereof, "an". (3)(a) The first and third sentences of subsection (b)(3) are amended by striking out "vocational and technical". (b) The fourth sentence of subsection (b)(3) is amended by striking out "a vocational and technical" and inserting in lieu thereof, "an". (4) Subsection (b)(4) is amended by striking out "a vocational and technical" and inserting in lieu thereof, "an". (5) Subsection (b)(5) is amended to read as follows: "(5) No grant for planning, construction, equipment, or operation of an education demonstration project shall be made unless the facility is publicly owned, but this shall not be deemed to preclude training or on-the-job employment activities away from such facility if the project is administered through a public body.". SEC. 115. Section 214 of the Appalachian Regional Development Act of 1965 (40 App. U.S.C. 214) is amended as follows: (1) The first sentence of subsection (a) of such section is amended by inserting after "projects", where it first appears in such subsection, "or activities (hereinafter referred to as projects)". (2) The first sentence of subsection (c) of such section is amended to read as follows: "The term 'Federal grant-in-aid programs' as used in this section means those Federal grant-in-aid programs authorized on or before December 31, 1978, by this Act and Acts other than this Act for the acquisition or development of land, the construction or equipment of facilities, or other community or economic development or economic adjustment activities, including but not limited to grantin-aid programs authorized by the following Acts: Federal Water Pollution Control Act; Watershed Protection and Flood Prevention Act; titles VI and XVI of the Public Health Services Act; Vocational Education Act of 1963; Library Services and Construction Act; Federal Airport Act; Airport and Airway Development Act of 1970; part IV of title III of the Communications Act of 1934; title VI (part A) and VII of the Higher Education Act of 1965; Land and Water Conservation Fund Act of 1965; National Defense Education Act of 1958; Consolidated Farm and Rural Development Act; titles I and IX of the Public Works and Economic Development Act of 1965; the housing repair program for homeowners authorized by section 1319 of title 42, United States Code; grants under the Indian Health Service Act (42 Stat. 208); and title I of the Housing and Community Development Act of 1974.". . . SEC. 116. Clause (1) of section 223 of the Appalachian Regional Development Act of 1965 (40 App. U.S.C. 223) is amended by striking "compatible" and inserting in lieu thereof "not incompatible". Clause (2) of section 223 of the Appalachian Regional Development Act of 1965 (40 App. U.S.C. 223) is amended to read as follows: "(2) the Commission has approved such program or project and has determined that it meets the applicable criteria under section 224 of this Act and the requirements of the development planning process under sec-

89 STAT. 1083

"Federal grantin-aid programs."

33 USC 1151 note. ^^ ^^^ ^^^^ ^oTjsr 291 3QQ^ 20 USC 1241 note, 351 note. 49 USC 1701 note, 47 USC 390. ^?o^^^ ^^^^' iote 20 lisc 401 note. 7 USC 1921 note! 42 USC 3131, 3241. 25 USC 13, 52a. '^^ USC 5301 AQ^rjcp
 * l j.^',^^,,
 * P^"

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Page:United States Statutes at Large Volume 89.djvu/1144

 89 STAT. 1084 ^re/ra.

PUBLIC LAW 94-188—DEC. 31, 1975 tion 225, and will contribute to the development of the region, which determination shall be controlling and which shall be accepted by tKe Federal agencies.". SEC. 117. Section 224 of the Appalachian Regional Development Act of 1965 (40 App. U.S.C. 224) is amended by adding at the end the following new subsection: "(c) Funds may be provided for programs and projects in a State under this Act only if the Commission determines that the level of Federal and State financial assistance under Acts other than this Act for the same type of programs or projects in that portion of the State within the region, will not be diminished in order to substitute funds authorized by this Act.". SEC. 118. There is inserted after section 224 of the Appalachian Regional Development Act of 1965 (40 App. U.S.C. 224) a new section as follows: "APPALACHIAN

40 USC app. 225.

STATE DEVELOPMENT P L A N N I N G

PROCESS

"SEC. 225. (a) Pursuant to policies established by the Commission, each State member shall submit on such schedule as the Commission shall prescribe a development plan for the area of the State within the region. The State development plan shall reflect the goals, objectives, and priorities identified in the regional development plan and in any subregional development plan which may be approved for the subregion of which such State is a part. Such State development plan shall (1) describe the State organization and continuous process for Appalachian development planning, including the procedures established by the State for the participation of local development districts in such process, the means by which such process is related to overall statewide planning and budgeting processes, and the method of coordinating planning and projects in the region under this Act, 42 USC 3121 the Public Works and Economic Development Act of 1965, and other 'lote. Federal, State, and local programs; (2) set forth the goals, objectives, and priorities of the State for the region, as determined by the Governor, and identify the needs on which such goals, objectives, and priorities are based; and (3) describe the development program for achieving such goals, objectives, and priorities, including funding sources, and recommendations for specific projects to receive assistance under this Act. "(b)(1) Local development districts certified by the State under 40 USC app. 301. section 301 of this Act provide the linkage between State and substate planning and development. In carrying out the development planning process, including the selection of programs and projects for assistance. States shall consult with local development districts, local units of government, and citizen groups and take into consideration the goals, objectives, priorities, and recommendations of such bodies. The districts shall assist the States in the coordination of areawide programs and projects, and may prepare and adopt areawide plans or action programs. "(2) The Commission shall encourage the preparation and execution of areawide action programs which specify interrelated projects and schedules of actions together with the necessary agency fundings and other commitments to implement such programs. Such programs shall make appropriate use of existing plans affecting the area. "(c) To the maximum extent practicable, Federal departments, agencies, and instrumentalities undertaking or providing financial

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Page:United States Statutes at Large Volume 89.djvu/1145

 PUBLIC LAW 94-188—DEC. 31, 1975

89 STAT. 1085

assistance for programs or projects in the region shall (1) take into account the policies, goals, and objectives established by the Commission and its member States pursuant to this Act; (2) recognize Appalachian State development programs approved by the Commission as satisfying requirements for overall economic development planning under such programs or projects; and (3) accept the boundaries and organization of any local development district certified under this Act which the Governor may designate as the areawide agency required under any such program undertaken or assisted by such Federal departments, agencies, and instrumentalities." SEC. 119. Section 302 of the Appalachian Regional Development Act of 1965 (40 App. XJ.S.C. 302) is amended as follows: (1) Subsection (a)(1) is amended by striking "including technical services," and inserting in lieu thereof "including the development of areawide plans or action programs and technical assistance activities,". (2) Subsection (a) is amended by striking "and" after paragraph (1), by redesignating paragraph (2) as paragraph (3), and by inserting the following new paragraph: " (2) to make grants to the Commission for assistance to States for a period not in excess of two years to strengthen the State development planning process for the region and the coordination of State planning under this Act, the Public Works and Economic Development Act of 1965, as amended, and other Federal 42 USC 3121 note. and State programs; and". (3) Subsection (b) is amended to read as follows: "(b)(1) Notwithstanding the provisions of section 224(b)(2), (3), or (4), the Commission may provide assistance under this section for 40 USC app. 224 demonstrations of enterprise development, including site acquisition or development where necessary for the feasibility of the project, in connection with the development of the region's energy resources and the development and stimulation of indigenous arts and crafts of the region. No more than $3,000,000 shall be obligated for such energy resource related demonstrations in any fiscal year, and no more than $2,500,000 shall be obligated for such indigenous arts and crafts demonstrations. "(2) In carrying out the purposes of this Act, including section 2(b), and in implementing this section, the Federal Energy Admin- Ante, p. 1079. istration, the Energy Research and Development Administration, the Environmental Protection Agency, and other Federal agencies shall cooperate with the Commission and shall provide such assistance as the Federal Cochairman may request. " (3) The Commission shall conduct a study and report on the status Migrants, study of Appalachian migrants in the destinations to which they have and report. migrated, current migration patterns and implications, and the impact which the Commission program has had, and the potential for such impact, on out-migration and the welfare of Appalachian migrants. The Commission is authorized to conduct pilot projects and demonstrations within the region in connection with such study. "(4) The Commission shall conduct a study of physical hazards Physical hazards, which are constraints on land use in the Appalachian region (with study. emphasis on mudslides, landslides, sink holes, and subsidence) and the risks associated with such hazards. To the extent practicable, such study shall identify^ high-risk hazard areas throughout the Appalachian region. The Commission shall submit its report on such study, Report to Congress.

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Page:United States Statutes at Large Volume 89.djvu/1146

 89 STAT. 1086

PUBLIC LAW 94-188—DEC. 31, 1975 together with recommendations for means to remove or avoid such constraints on land use, to the Congress not later than twenty-four months after the enactment of this paragraph.". SEC. 120. Section 303 of the Appalachian Regional Development Act of 1965 (40 A p p. U.S.C. 303) is amended to read as follows: "APPROVAL OF DEVELOPMENT PLANS, INVESTMENT PROGRAMS, AND PROJECTS

Annual review and approval. 40 USC app. 101.

Appropriation authorization.

Termination.

Report to Congress. 40 USC app. 2 note. Ante, p. 1079. 40 USC app. 302. Repeal. 42 USC 3134. 40 USC app. 201 note. 40 USC app. 201.

" SEC. 303. State and Regional Development P l a n s and implementing investment programs, and any multistate subregional plans which may be developed, shall be annually reviewed and approved by the Commission in accordance with section 101(b) of this Act. A n application for a g r a n t or for any other assistance for a specific project under this Act shall be made through the State member of the Commission representing such applicant, and such State member shall evaluate the application for approval. Only applications for g r a n t s or other assistance for specific projects shall be approved which are certified by the State member and determined by the Federal Cochairman to implement the Commission-approved State development p l a n; to be included in the Commission-approved implementing investment program; to have adequate assurance that the project will be properly administered, operated, and maintained; and to otherwise meet the requirements for assistance under this Act. After the approval of the appropriate State development plan and implementing investment program, certification by a State member of an application for a g r a n t or other assistance for a specific project pursuant to this section shall, when joined by an affirmative vote of the Federal Cochairman for such project, be deemed to satisfy the requirements for affirmative votes for decisions under section 101(b) of this Act.". SEC. 121. Section 401 of the Appalachian Regional Development Act of 1965 (40 A p p. U.S.C. 401) is amended by adding at the end thereof the following new sentence: " I n addition to the appropriations authorized in section 105 for administrative expenses, and in section 201(g) for the Appalachian development highway system and local access roads, there is authorized to be appropriated to the President, to be available until expended, to carry out this Act, $340,000,000 for the period beginning July 1, 1975, and ending September 30, 1977, and $300,000,000 for the two-fiscal year period ending September 30 1979.". SEC. 122. (a) Section 405 of the Appalachian Regional Development Act of 1965 (40 A p p. U.S.C. 405) is amended by striking " July 1, 1975" and inserting in lieu thereof, "October 1, 1979". (b) The Appalachian Regional Commission shall submit to Congress by July 1, 1977, a report on the progress being made on implementing section 2(b) of the Appalachian Regional Development Act of 1965, the energy related enterprise development demonstration authority in section 302 of such Act, and other amendments made by this title. SEC. 123. Section 104 of the Public W o r k s and Economic Development Act of 1965 (42 U.S.C. 3121) is repealed. SEC. 124. To the extent that any section of this title provides new or increased authority to enter into contracts under section 201 of the Appalachian Regional Development Act of 1965, such new or increased authority shall be effective for any fiscal year only in such amounts as are provided in appropriation acts.

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Page:United States Statutes at Large Volume 89.djvu/1147

 PUBLIC LAW 94-188—DEC. 31, 1975 TITLE II SEC. 201. This title may be cited as the "Kegional Action Planning Commission Improvement Act of 1975". SEC. 202. Section 509(d) of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3188(a)), as amended, is amended, to read as follows: "(d)(1) There are authorized to be appropriated to the Secretary to carry out this title, for the two-fiscal-year period ending June 30, 1971, to be available until expended, not to exceed $225,000,000; and for the two-fiscal-year period ending June 30, 1973, to be available until expended, not to exceed $305,000,000; for the fiscal year ending June 30, 1974, to be available until expended, $95,000,000; for the fiscal year ending June 30, 1975, to be available until expended, $150,000,000; for the fiscal year ending June 30, 1976, to be available until expended, $200,000,000; for the transition quarter ending September 30, 1976, to be available until expended, $50,000,000; and for the fiscal year ending September 30, 1977, to be available until expended, $250,000,000. After deducting such amounts as are authorized to carry out subsections (a)(1) and (b) of section 505, the Secretary shall apportion the remainder of the sums appropriated under this authorization for any fiscal year among the regional commissions which have been established for more than two fiscal years. "(2) There are authorized to be appropriated to the Secretary as are necessary for the management and authorized activities under this title of any new commissions for their first two full fiscal years, for the fiscal year ending June 30, 1976, to be available until expended, not to exceed $5,000,000; for the transition quarter ending September 30, 1976, to be available until expended, not to exceed $1,250,000; and for the fiscal year ending September 30, 1977, to be available until expended, not to exceed $5,000,000." SEC. 203. Section 513 of the Public Works and Economic Development Act of 1965, as amended, is amended to read as follows:

89 STAT. 1087 Regional Action Planning Commission Improvement Act of 1975. 42 USC 3181 note. Appropriation authorization. 42 USC 3188a.

42 USC 3185.

42 USC 3192.

REGIONAL TRANSPORTATION

"SEC. 513. (a) Each regional commission, with the assistance of the Investigation Secretary of Transportation, is authorized to conduct and facilitate studies. full and complete investigations and studies of the transportation needs of economic development regions established under this title. Such studies and investigations should analyze the effectiveness of regional transportation systems for meeting the purposes of this Act, The information gathered from these studies and investigations should determine the types of transportation facilities needed in the region and be of value in planning for such transportation facilities. "(b) Each regional commission, with the assistance of the Secretary Grants, of Transportation, is authorized to make grants for the planning of regional transportation networks and to make grants for the construction, purchase of equipment, and operation (including payment of operating deficits) for transportation demonstration projects. Grants under this section shall be made solely out of funds specifically appropriated for the purpose of carrying out this title and shall not be taken into account in the computation of the allotments among the States made pursuant to any other provisions of law.

and

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Page:United States Statutes at Large Volume 89.djvu/1148

 89 STAT. 1088 Cost limitation.

Federal share.

42 USC 3188a.

PUBLIC LAW 94-188—DEC. 31, 1975 " (c) No grant for the construction or equipment for any component of a demonstration transportation project shall exceed 80 per centum of such cost. The Federal contribution may be provided entirely from funds authorized under this section or in combination with funds authorized under other Federal grant-in-aid programs for the construction of transportation facilities. Notwithstanding any other provision of law, funds authorized under this section may be used to increase the Federal share of any such project to 80 per centum of the cost of such facilities. "(d) Not to exceed $5,000,000 of the funds apportioned to each regional commission under section 509 of this title shall be expended in any one fiscal year for the purpose of carrying out this section.". SEC. 204. Title V of the Public Works and Economic Development Act of 1965, as amended, is amended by adding the following new section at the end thereof: "ENERGY DEMONSTRATION PROJECTS AND PROGRAMS

42 USC 3194.

"SEC. 515. (a) Fundamental changes are occurring in national energy requirements and production which could result in short-term dislocation and result in major long-term effects on various regions of the country. Expanded energy production opportunities must maximize social and economic benefits while minimizing social and environmental costs to the regions experiencing increased energy development. In some regions, impacted by limited energy resources, severe problems disruptive of regional economies could result. The programs of the regional commissions provide an excellent framework for coordinating Federal, State, and local efforts toward (1) anticipating tHe effects of alternative energy policies and practices, (2) planning for accompanying growth and change so as to maximize social and economic benefits and minimize the social and environmental costs, and (3) implementing programs and projects carried out in the regions by Federal, State, or local government agencies so as to better meet the special problems generated in the regions by the Nation's energy needs and policies, including problems of transportation, housing, community facilities, and human services. "(b) Each regional commission is authorized to carry out energyrelated demonstration projects and programs within its regions including programs and projects addressing the social, economic, and environmental impact of energy development, requirements, and utilization. Grants shall be made only to those projects which are developed through regional planning designed to identify the effects of regional resource development, requirements, utilization, and impact. Each regional commission is authorized to carry out demonstration projects within its region in connection with the development and stimulation of indigenous art and crafts of the region. "(c) Not to exceed $5,000,000 of the funds apportioned to each regional commission under section 509 of this title shall be expended in any one fiscal year for the purpose of carrying out the energyrelated provisions of this section, and not to exceed $2,500,000 of such funds shall be expended in any one fiscal year for indigenous arts and crafts demonstrations.". SEC. 205. Title V of such Act is further amended by adding the following new section at the end thereof:

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Page:United States Statutes at Large Volume 89.djvu/1149

 PUBLIC LAW 94-188—DEC. 31, 1975

89 STAT. 1089

" H E A L T H AND NUTRITION DEMONSTRATION PROJECTS

" SEC. 516. (a) I n order to demonstrate the value of adequate health facilities and services to the economic development of the region, the Secretary of Health, Education, and Welfare is authorized to make g r a n t s for the planning, construction, equipment, and operation of multicounty demonstration health, and nutrition projects including hospitals, regional health diagnostic and treatment centers, and other facilities and services necessary for the purpose of this section. Grants for such construction (including the acquisition of privately owned facilities not operated for profit or previously operated for profit where the acquisition of such facilities is the most cost effective means for providing increased health services, and initial equipment) shall be made after applications and plans relating to the program or project have been determined by the responsible Federal official to be compatible with the provisions and objectives of Federal laws which he administers that are not inconsistent with this title, and the regional commission has approved such program or project and determined that it will contribute to the development of the region, and shall not be incompatible with the applicable provisions of title VI of the Public Health Service Act (42 U.S.C. 291-291o), the Mental Ketardation Facilities and Community Mental Health Centers Construction Act of 1963 (77 Stat. 282), and other laws authorizing g r a n t s for the construction of health-related facilities, without regard to any provisions therein relating to appropriation authorization ceilings or to allotments among the States. G r a n t s under this section shall be made solely out of funds specifically appropriated for the purpose of carrying out this title and shall not be taken into account in the computation of the allotments among the States made pursuant to any other provision of law. " (b) No g r a n t for the construction or equipment of any component of a demonstration health project shall exceed 80 per centum of such costs. The Federal contribution may be provided entirely from funds authorized under this title or in combination with funds provided under other Federal grant-in-aid programs for the construction or equipment of health-related facilities. Notwithstanding any provision of law limiting the Federal share in such other programs, funds authorized under this title may be used to increase Federal g r a n t s for component facilities of a demonstration health project to a maximum of 80 per centum of the costs of such facilities. " (c) G r a n t s under this section for operation (including initial operating funds and operating deficits comprising among other items the cost of attracting, training, and retaining qualified personnel) of a demonstration health project, whether or not constructed with funds authorized by this title, may be made for u p to 100 per centum of the costs thereof for the two-year period beginning, for each component facility or service assisted under any such operating grant, on the first day that such facility or service is in operation as a part of the project. For the next three years of operation such grants shall not exceed 75 per centum of such costs. The Federal contributions may be provided entirely from funds appropriated to carry out this title or in combination with funds provided under other Federal grant-in-aid programs for the oj^eration of health related facilities and the provision of health services, including title IV, part s A and B, and title X X of the Social Security Act. Notwithstanding any provision of the Social Security

Grants. 42 USC 3195.

42 USC 2661 note.

Federal share.

42 USC 3161, 3171, 1397.

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Page:United States Statutes at Large Volume 89.djvu/1150

 89 STAT. 1090

42 USC 3131. Grants.

PUBLIC LAW 94-188—DEC. 31, 1975 Act requiring assistance or services on a statewide basis, if a State provides assistance or services under such a program in any area of the region approached by the regional commission, such State shall be considered as meeting such requirement. Notwithstanding any provision of law limiting the Federal share in such other programs, funds appropriated to carry out this section may be used to increase Federal grants for operating components of a demonstration health project to the maximum percentage cost thereof authorized by this subsection. No g r a n t for operation of a demonstration health project shall be made unless the facility is publicly owned, or owned by a public or private nonprofit organization, and is not operated for profit. No grants for operation of a demonstration health project shall be made after five years following the commencement of the initial g r a n t for operation of the project. No such g r a n t s shall be made unless the Secretary of Health, Education, and Welfare is satisfied that the operation of the project will be conducted under efficient management practices designed to obviate operating deficits. A health-related f acility constructed under title I of this Act may be a component of a demonstration health project eligible for operating g r a n t assistance under this section.". SEC. 206. Title V of such Act is further amended by inserting at the end thereof the following new section: "EDUCATION DEMONSTRATION PROJECTS

42 USC 3196.

" SEC. 517. (a) I n order to assist in the expansion and improvement of educational opportunities and services for the people of the region, the Secretary of the Department of Health, Education, and Welfare is authorized to make g r a n t s for planning, construction, equipping, and operating vocational and technical educational projects which will serve to demonstrate areawide educational planning, services, and programs. G r a n t s under this section shall be made solely out of funds specifically appropriated for the purposes of this title and shall not be taken into account in any computation of allotments among the States pursuant to any other law. " (b) No g r a n t for the construction or equipment of any component of a vocational and technical education demonstration project shall exceed 80 per centum of its cost. " (c) G r a n t s under this section for operation of components of vocational and technical educational demonstration projects, whether or not constructed by funds authorized by this title, may be made for up to 100 per centum of the costs thereof for the two-year period beginning on the first day that such component is in operation as a part of the project. For the next three years of operation, such grants shall not exceed 75 per centum of such costs. No grants for operation of vocational and technical education demonstration projects shall be made after five years following the commencement of the initial g r a n t for operation of the project. A n education-related facility constructed under title I of this Act may be a component of a vocational and technical education demonstration project eligible for operating g r a n t assistance under this section. " (d) No g r a n t for expenses of planning necessary for the development and operation of a vocational and technical education demonstration project shall exceed 75 per centum of such expenses.

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Page:United States Statutes at Large Volume 89.djvu/1151

 PUBLIC LAW 94-188—DEC. 31, 1975 "(e) No grant for planning, construction, operation, or equipment of a vocational and technical education demonstration project shall be made unless the facility is publicly owned. "(f) Any Federal contribution referred to in this section may be provided entirely from funds appropriated to carry out this section, or in combination with funds available under other Federal grantin-aid programs providing assistance for education-related facilities or services. Notwithstanding any provision of law limiting the Federal share in such programs, funds appropriated to carry out this section may be used to increase such Federal share to the maximum percentage cost thereof authorized by the applicable paragraph of this subsection.". SEC. 207. Each regional commission established pursuant to title V of the Public Works and Economic Development Act of 1965 shall submit to the Committees on Public Works of the Senate and House of Representatives within one hundred and twenty days after enactment of this Act the Regional Economic Development Plan required under section 503(a)(2) of the Public Works and Economic Development Act of 1965. SEC. 208. (a) The second and third sentences of section 502(b) of the Public Works and Economic Development Act of 1965 are amended to read as follows: "Each State member shall be the Governor. The State members of the commission shall elect a cochairman of the commission from among their number for a term of not less than one year." (b) Section 502(c) of the Public Works and Economic Development Act of 1965 is amended by adding at the end thereof the following new sentence: "No decision involving commission policy, approval of regional development plan, implementing investment programs, or allocating funds among the States may be made without a quorum of State members present.". (c) The first sentence of section 502(d) of the Public Works and Economic Development Act of 1965 is amended to read as follows: "Each State member may have a single alternate, appointed by the Governor from among the members of the Governor's cabinet or the Governor's personal staff.". (d) Such section 502(d) is further amended by adding at the end thereof the following new sentences: "A State alternate shall not be counted toward the establishment of a quorum of the commission in any instance in which a quorum of the State members is required to be present. No commission power or responsibility specified in the last sentence of subsection (c) of this section, nor the vote of any commission member, may be delegated to any person not a commission member or who is not entitled to vote in commission meetings.". SEC. 209. (a) Section 501(a) of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3181), as amended, is amended by inserting "and the Commonwealth of Puerto Rico and the Virgin Islands and the States of California and Texas" after "with the exception of Alaska and Hawaii,". (b) Section 502(f) of such Act of 1965 (42 U.S.C. 3182) is amended by inserting after "Hawaii" the following "or the State of California or the State of Texas", and by striking out "either" and inserting in lieu thereof "any such".

89 STAT. 1091

Federal share.

Regional Economic Development Plan, submittal to congressional committees. 42 USC 3183 note. 42 USC 3181. 42 USC 3183. 42 USC 3182.

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Page:United States Statutes at Large Volume 89.djvu/1152

 89 STAT. 1092 42 USC 3183 "ot«42 USC 3181.

PUBLIC LAW 94-188—DEC. 31, 1975 (c) It is the intent of Congress that the Secretary of Commerce acting under authority of title V of the Public Works and Economic Development Act of 1965 should invite and encourage the formation of a regional commission for the region along the border with Mexico in the States of Texas, New Mexico, Arizona, and California. Approved December 31, 1975.

LEGISLATIVE HISTORY: HOUSE REPORTS: No. 94-202 (Comm. on Public Works and Transportation) and No. 94-727 (Comm. of Conference). SENATE REPORTS: No. 94-278 accompanying S. 1513 (Comm. on Public Works) and No. 94-552 (Comm. of Conference). CONGRESSIONAL RECORD, Vol. 121 (1975): May 19, considered and passed House. July 17, considered and passed Senate, amended, in lieu of S. 1513. Dec. 16, Senate agreed to conference report. Dec. 17, House agreed to conference report.

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Page:United States Statutes at Large Volume 89.djvu/1153

 PUBLIC LAW 94-189—DEC. 31, 1975

89 STAT. 1093

Public Law 94-189 94th Congress An Act To provide for the disposition of funds appropriated to pay certain Indian Claims Commission judgments in favor of the Sac and Fox Indians, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following funds: (1) the funds appropriated by the Act of October 21, 1968 (82 Stat. 1190, 1198), to pay a judgment to the Sac and Fox Tribe of Oklahoma and the Sac and F o x Tribe of Mississippi in Iowa in Indian Claims Commission docket 219; (2) the funds a p p r o p r i a t e d by the Acts of July 6, 1970 (84 Stat. 376), and March 21, 1972 (86 Stat. 86), to pay judgments to the Sac and Fox Nation in Indian Claims Commission dockets 153 and 135, respectively; (3) any funds which are now or which may hereafter be appropriated to satisfy any final award of the Indian Claims Commission to the Sac and F o x Nation in dockets 158, 231, and 83; and (4) the amount of $20,421.78 from funds appropriated by the Act of June 12, 1975 (89 Stat. 193, 194), to pay a judgment to the Sac and F o x Nation in Indian Claims Commission docket 95, shall, together with interest earned thereon and after the payment of attorney fees and other litigation expenses, be distributed as hereinafter provided. SEC. 2. (a) The funds in docket 219 shall be divided between the Sac and F o x Tribe of Oklahoma and the Sac and F o x Tribe of the Mississippi in Iowa, and the funds in dockets 153 and 135, 158, 231, 83 and that portion of docket 95 as provided in paragraph (4) of section 1 hereof, shall be divided among the Sac and Fox Tribe of Oklahoma, the Sac and F o x Tribe of the Mississippi in Iowa, and the Sac and F o x Tribe of the Missouri in Kansas and Nebraska, on the basis of the relative numbers of members of each tribe who were enrolled on or who were entitled to be enrolled on the census rolls of each tribe as of January 1, 1937. (b) For the purpose of carrying out the provisions of section 2(a) of this Act, each Sac and F o x Tribe shall have not to exceed ninety days from the date of this Act in which to identify those persons, living or deceased, who were inadvertently omitted from the January 1, 1937, census roll of the tribe. (c) The provisions of section 2(a) of this Act shall apply only to the division of the judgment funds described in section 1 of this Act, between or among the respective Sac and F o x Tribes, as appropriate, and nothing in this section shall be construed as applicable to the payment per capita of any portion of the share of any Sac and Fox Tribe that may be so distributed. SEC. 3. After the judgment funds are divided as provided in section 2(a) of this Act, the sum of $5,000, together with appropriate interest thereon for not less than one day, shall be deducted from the share of the judgment funds that is due the Sac and Fox Tribe of Kansas and Nebraska from the judgment in docket 153, and shall be divided between the Sac and F o x Tribes of l o vva and of Oklahoma

57-194 O - 77 - 73

Dec. 31. 1975 [H.R. 4016]

Indians. Sac and Fox Indians. Judgement funds.

Distribution.

Ninety-day identification period.

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Page:United States Statutes at Large Volume 89.djvu/1154

 89 STAT. 1094

Tax exemption.

42 USC 1305. Rules and regulations.

PUBLIC LAW 94-189—DEC. 31, 1975 according to the formula for division of the judgment funds as provided in section 2(a). SEC. 4. (a) The funds, as divided under the provisions of this Act, may be utilized for any purposes that are authorized by the respective tribal governing bodies and approved by the Secretary of the Interior: Provided, That not less than 20 per centum, together with accrued interest thereon, of the share of each Sac and Fox Tribe shall be used for programing purposes. (b) Any portion of the share of the judgment funds accruing to any Sac and Fox Tribe that may be distributed in individual shares shall be paid to persons whose names appear on the membership roll of said tribe compiled in accordance with the membership criteria of the tribe's constitution, made current as of the date of this Act. SEC. 5. Sums payable to enrollees or their heirs or legatees who are less than eighteen years of age or who are under a legal disability shall be paid in accordance with such procedures, including the establishment of trusts, as the Secretary of the Interior determines appropriate to protect the best interests of such persons. SEC. 6. None of the funds distributed per capita or held in trust under the provisions of this Act shall be subject to Federal or State income taxes, nor shall such funds or their availability be considered as income or resources or otherwise utilized as the basis for denying or reducing the financial assistance or other benefits to which such household or member would otherwise be entitled to under the Social Security Act or any other Federal or federally assisted program. SEC. 7. The Secretary of the Interior is authorized to prescribe rules and regulations to carry out the provisions of this Act. Approved December 31, 1975.

LEGISLATIVE HISTORY: HOUSE REPORT No. 94-712 (Comm. on Interior and Insular Affairs). SENATE REPORT No. 94-555 accompanying S. 1823 (Comm. on Interior and Insular Affairs). CONGRESSIONAL RECORD, Vol. 121 (1975): Dec. 16, considered and passed House. Dec. 19, considered and passed Senate, in lieu of S. 1823.

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Page:United States Statutes at Large Volume 89.djvu/1155

 PUBLIC LAW 94-190—DEC. 31, 1975

89 STAT. 1095

Public Law 94-190 94th Congress An Act To provide for emergency relief for small business concerns in connection with fixed-price Government contracts. Be it enacted by the Senate and House of Representatives United States of America in Congress assembled,

of the

SHORT TITLE

Dec. 31, 1975 [H.R. 5541] Small Businesi; Emergency Relief Act.

SECTION 1. This Act may be cited as the "Small Business Emergency 41 USC 252 note. Relief Act". POLICY

SEC. 2. I t is the policy of Congress to provide relief to small busi- 41 USC 252 note, ness concerns which have fixed-price Government contracts in cases where such concerns have suffered or can be expected to suffer serious financial loss because of significant and unavoidable difficulties during performance because of the energy crisis or r a p i d and unexpected escalations of contract costs. DEFINITIONS

41 USC 252 note. SEC. 3. As used in this Act— (1) the term "executive agency" means an executive department, a military department, and an independent establishment within the meaning of sections 101, 102, and 104(1) respectively, of title 5, United States Code, and also a wholly owned Government corporation within the meaning of section 101 of the 31 USC 846. Government Corporation Control Act; and (2) the term "small business concern" means any concern which falls under the size limitations of the "Small Business Administrator's Definitions of Small Business for Government Procurement." AUTHORITY

SEC. 4. (a) Pursuant to an application by a small business concern, the head of any executive agency may terminate for the convenience of the Government any fixed-price contract between that agency and such small business concern, upon a finding that— (1) during the performance of the contract, the concern has suffered or can be expected to suffer serious financial loss due to significant unanticipated cost increases directly affecting the cost of contract compliance; and (2) the conditions which have caused or are causing such cost increases were, or are being, experienced generally by other small business concerns in the market at the same time and are not caused by negligence, underbidding, or other special management factors peculiar to that small business concern. (b) Upon application under subsection (a) by a small business concern to terminate a fixed-price contract between an executive agency and such small business concern, the head of the executive agency may modify the terms of the contract in lieu of termination for the convenience of the Government only if he finds after review of the application that—

Fixed price contracts, termination or modification. Application. 41 USC 252 note.

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