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PUBLIC LAW 92-73-AUG. 10, 1971 SPECIAL M I L K

84 Stat. 336.

PROGRAM

For necessary expenses to carry out the provisions of the special milk program, as authorized by section 3 of the Child Nutrition Act of 1966, as amended (42 U.S.C. 1772), $104,000,000. FOOD S T A M P

78 Stat. 703; 84 Stat. 2048. 7 USC 2011 note.

[85 STAT.

PROGRAM

For necessary expenses of the food stamp program pursuant to the Food Stamp Act of 1964, as amended, $2,200,000,000. DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE FOOD AND DRUG ADMINISTRATION

52 Stat. 1040. 74 Stat. 372. 80 Stat. 1296. 44 Stat. 1101. 42 Stat. 1486. 29 Stat. 604. 15 USC 401 note 81 Stat. 568. 58 Stat. 6 9 1, 6 9 3, 7 0 3; 80 Stat. 1181

80 Stat. 416.

noteV^*^ ^^^^

For necessary expenses, not otherwise provided for, of the Food and D r u g Administration in carrying out the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.), the Federal Hazardous Substances Act (15 U.S.C. 1261 et seq.), the F a i r Packaging and Labeling Act (15 U.S.C. 1451 et seq.), the Import Milk Act (21 U.S.C. 141 et seq.), the Filled Milk Act (21 U.S.C. 61 et seq.), the Import Tea Act (21 U.S.C. 41 et seq.), the Federal Caustic Poison Act (44 Stat. 1406 et seq.), the Flammable Fabrics Act (15 U.S.C. 1191 et seq.), and sections 301, 311, 314, and 361 of the Public Health Service Act (42 U.S.C. 241,24B, 246, and 264) with respect to pesticide control, poison control, shellfish and milk sanitation, food service sanitation, interstate quarantine, and food and drug activities, including payment in advance for special tests and analyses and adverse reaction reporting by contract; studies of new developments pertinent to food and drug enforcement operations; payment for publication of technical and informational materials in professional and trade journals; payment of salaries and expenses for services as authorized by 5 U.S.C. 3109 but at rates for individuals not to exceed the per diem rate equivalent to the rate for GS-18; and rental of special purpose space in the District of Columbia or elsewhere; $99,681,000, of which not to exceed $10,000 shall be available for miscellaneous and emergency expenses of enforcement activities, authorized or approved by the Secretary and to be accounted for solely on his certificate. INDEPENDENT AGENCIES FEDERAL TRADE COMMISSION

8i*stal?'206°^'

For necessary expenses of the Federal Trade Commission, including uniforms or allowances therefor, as authorized by law (5 U.S.C. 5901-5902), and services as authorized by 5 U.S.C. 3109, and not to exceed $1,500 for official reception and representation expenses, $25,189,000: Provided, That any investigation hereafter provided by concurrent resolution of the Congress shall be dependent upon funds appropriated to carry out such resolution to finance the cost of such investigation. TITLE V—GENERAL PROVISIONS

mo^of vehicles.

SEC. 501. Within the unit limit of cost fixed by law, appropriations and authorizations made for the Department of Agriculture under this Act shall be available for the purchase, in addition to those specifically provided for, of not to exceed six hundred and seventy-one

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STAT.]

201

PUBLIC LAW 92-74-AUG. 10, 1971

(671) passenger motor vehicles, of which four hundred and sixty-one (461) shall be for replacement only, and for the hire of such vehicles. SEC. 502. Provisions of law prohibiting or restricting the employment of aliens shall not apply to employment under the appropriations for the Foreign Agricultural Service. SEC. 503. Funds available to the Department of Agriculture shall be available for uniforms or allowances therefor as authorized by law (5 U. S. a 5901-5902). SEC. 504. No part of the funds appropriated by this Act shall be used for the payment of any officer or employee of the Department of Agriculture who, as such officer or employee, or on behalf of the Department or any division, commission, or bureau thereof, issues, or causes to be issued, any prediction, oral or written, or forecast, except as to damage threatened or caused by insects and pests with respect to future prices of cotton or the trend of same. SEC. 505. Except to provide materials required in or incident to research or experimental work where no suitable domestic product is available, no part of the funds appropriated by this Act shall be expended in the purchase of twine manufactured from commodities or materials produced outside of the United States. SEC. 506. Not less than $1,500,000 of the appropriations of the Department of Agriculture for research and service work authorized by the Acts of August 14, 1946, July 28, 1954, and September 6, 1958 (7 U.S.C. 427, 1621-1629; 42 U.S.C. 1891-1893), shall be available for contracting in accordance with said Acts. SEC. 507. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein. SEC. 608. No part of the funds contained in this Act may be used to make production or other payments to a person, persons, or corporations who harvest or knowingly permit to be harvested for illegal use, marihuana, or other such prohibited drug-producing plants on any part of lands owned or controlled by such persons or corporations. This Act may be cited as the "Agriculture-Environmental and Consumer Protection Appropriation Act, 1972." Approved August 10, 1971.

Aliens, employment. Uniforms. 80 Stat. 508; 81 Stat. 206. Cotton price forecast, prohibition.

Twine.

Contracting, ninimum sum.

60 Stat. 1082; 68 Stat. 574; 72 Stat. 1793.

Marihuana.

Short title.

Public Law 92-74 AN ACT Making appropriations for the Department of Transportation and related agencies for the fiscal year ending June 30, 1972, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the Department of Transportation and related agencies for the fiscal year ending June 30, 1972, and for other purposes, namely: TITLE I DEPARTMENT OF TRANSPORTATION OFFICE OF THE

SECRETARY

SALARIES A N D EXPENSES

For necessary expenses of the Office of the Secretary of T r a n s p o r t a -

August 10, 1971 [H. R. 9667]

Department of Transportation and Related A g e n c i e s Appropriation Act, 1972.

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


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[85 STAT.

tion, including not to exceed $27,000 for allocation within the Department for official reception and representation expenses as the Secretary may determine; $21,592,000. TRANSPORTATION PLANNING, RESEARCH, AND DEVELOPMENT

For necessary expenses for conducting transportation planning, research, and development activities, including the collection of national transportation statistics, to remain available until expended $26,000,000, of which not to exceed $6,500,000 shall be derived from the Appropriation for research and development (Airport and Airway Trust F u n d). TRANSPORTATION RESEARCH ACTIVITIES OVERSEAS (SPECIAL FOREIGN CURRENCY PROGRAM)

For payments in foreign currencies which the Treasury Department determines to be excess to the normal requirements of the United States, for necessary expenses for conducting transportation research activities overseas, as authorized by law, $500,000, to remain available until expended: Provided, That this appropriation shall be available, in addition to other appropriations to the Department, for payments in the foregoing currencies. GRANTS-IN-AID FOR NATURAL GAS PIPELINE SAFETY

82 Stat. 722.

For grants-in-aid to carry out a pipeline safety program, as authorized by section 5 of the Natural Gas Pipeline Safety Act of 1968 (49 U.S.C. 1674), $750,000, to remain available until expended. CONSOLIDATION OF DEPARTMENTAL HEADQUARTERS

For necessary expenses in connection with the consolidation of departmental activities into the Southwest Area of Washington, District of Columbia, $1,760,000. CIVIL SUPERSONIC AIRCRAFT DEVELOPMENT TERMINATION

For payment of the airlines contribution toward the development of the Civil Supersonic Aircraft, $58,500,000, to remain available until expended

COAST G U A R D OPERATING EXPENSES

80 Stat. 416.

For necessary expenses for the operation and maintenance of the Coast Guard, not otherwise provided for, including services as authorized by 5 U.S.C. 3109; purchase of not to exceed sixteen passenger motor vehicles for replacement only; and recreation and welfare; $475,000,000, of which $143,003 shall be applied to Capehart Housing debt reduction: Provided, That the number of aircraft on hand at any one time shall not exceed one hundred and seventy-six exclusive of

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Rh

(3) Notwithstanding the repeal of sections 15 (1) and (2) and 15A of the Republic of South Africa Constitution Act, 1961, at the commencement and in terms of section 101 (1) of the Republic of South Africa Constitution Act, 1983, the provisions of the said section 15 (1) and (2) or 15A, as the case may be, shall continue to apply to a person who has ceased to hold the office of State President or Vice State President as aforesaid and to his widow, and a pension thereunder shall become payable, as if―

14. This Act shall be called the Constitution Amendment Act, 1984.


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planes and parts stored to meet future attrition: Provided further, That, without regard to any provisions of law or Executive order prescribing minimum flight requirements, Coast Guard regulations which establish proficiency standards and maximum and minimum flying hours for this purpose may provide for the payment of flight pay at the rates prescribed in section 301 of title 37, United States Code, to ^^ Stat. 461. certain members of the Coast Guard otherwise entitled to receive flight pay during the current fiscal year (1) who have held aeronautical ratings or designations for not less than fifteen years, or (2) whose particular assignment outside the United States or in Alaska, makes it impractical to participate in regular aerial flights, or who have been assigned to a course of instruction of 90 days or more: Provided further, That amounts equal to the obligated balances against the appropriations for "Operating expenses" for the two preceding years, shall be transferred to and merged with this appropriation, and such merged appropriation shall be available as one fund, except for accounting purposes of the Coast Guard, for the payment of obligations properly incurred against such prior year appropriations and against this appropriation: Provided further, That, except as other- Dependents, school expenses. wise authorized by the Act of September 30, 1950 (20 U.S.C. 236-244), '74 ¥tat.Troo; this appropriation shall be available for expenses of primary and sec- ^' ^*^*- 27ondary schooling for dependents of Coast Guard personnel stationed outside the continental United States at costs for any given area not in excess of those of the Department of Defense for the same area, when it is determined by the Secretary that the schools, if any, available in the locality are unable to provide adequately for the education of such dependents: Provided further, That not to exceed $15,000 shall be available for investigative expenses of a confidential character, to be expended on the approval and authority of the Commandant and his determination shall be final and conclusive upon the accounting officer of the Government. ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS

For necessary expenses of acquisition, construction, rebuilding, and improvement of aids to navigation, shore facilities, vessels, and aircraft, including equipment related thereto; and services as authorized by 5 U.S.C. 3109; $97,682,000, to remain available until expended.

80 Stat. 416.

ALTERATION OF BRIDGES

For necessary expenses for alteration of obstructive bridges, including services as authorized by 5 U.S.C. 3109; $9,750,000, to remain available until expended. RETIRED P A Y

For retired pay, including the payment of obligations therefor otherwise chargeable to lapsed appropriations for this purpose, and payments under the Retired Serviceman's Family Protection P l a n: ^^ ^'^'- ^^^' $71,371,000. "' 10 USC ' '1431. '*"*• ' • RESERVE TRAINING

For all necessary expenses for the Coast Guard Reserve, as authorized by law, including repayment to other Coast (ruard appropria-

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tions for indirect expenses, for regulai- persomiel, or reserve personnel while on active duty, engaged primaiily in administration and operation of the reserve program; maintenance and operation of facilities; and supplies, equipment, and services; $25,900,000: Provided, That amounts equal to the obligated balances against the appropriations for "Reserve training" for the two preceding years shall be transferred to and merged with this appropriation, and such merged appropriation shall be available as one fund, except for accounting purposes of the Coast Guard, for the payment of obligations properly incurred against such prior yeai- appropriations and against this appropriation. RESEARCH, DEVELOPMENT, TEST, AND F^VALUATION

80 Stat. 416.

For necessary expenses, not otherwise provided for, for basic and applied scientific research, development, test, and evaluation; services as authorized by 5 U.S.C. 3109; maintenance, rehabilitation, lease, and operation of facilities and equipment* as authorized by law; $14,500,000, to remain available until expended.

FEDP:RAL AVIATION ADMINISTRATION OPERATIONS (AIRPORT AND AIRWAY TRUST F U N D)

For necessary expenses of the Federal Aviation Administration, not otherwise provided for, including administrative expenses for research and development, establishment of air navigation facilities; purchase of ten passenger motor vehicles for replacement only; and purchase and repair of skis and snowshoes; $989,074,000, to be derived from the Airport and Airway Trust F u n d: Provided, That there may be credited to this appropriation funds received from States, counties, municipalities, other public authorities, and private sources for expenses incurred in the maintenance and operation of air navigation facilities: Provided further. That the obligated balance of the appropriation for "Operations" for the prior fiscal year, but excluding the balance of the amount appropriated for safety regulation activities, shall be transferred to this appropriation. FACILITIES AND EQUIPMENT (AIRPORT AND AIRWAY TRUST F U N D)

For necessary expenses, not otherwise provided for; for acquisition, establishment, and improvement by contract or purchase, and hire of air navigation and experimental facilities, including initial acquisition of necessary sites by lease or grant; engineering and service testing including construction of test facilities and acquisition of necessary sites by lease or grant; construction and furnishing of quarters and related accommodations for officers and employees of the Federal Aviation Administration stationed at remote localities where such accommodations are not available, but at a total cost of construction not to exceed $50,000 per housing unit in Alaska; $301,809,300 to be derived from the Airpoit and Airway Trust Fund, to remain available until expended: Provided, That there may be credited to this appropriation funds received from States, counties, municipalities, other public authorities, and private sources, for expenses incurred in the establishment and modernization of air navigation facilities: Provided further. That no part of the foregoing appropriation shall be available for the construction of a new wind tunnel, or to purchase

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any land for or in connection with the National Aviation Facilities Experimental Center: Provided further, That the unexpended balance of the appropriation for "Facilities and equipment," but excluding the balance of the amount appropriated for safety regulation activities, shall be transferred and added to this appropriation. EESEARCH AND DEVELOPMENT (AIRPORT AND AIRWAY TRUST F U N D)

For necessary expenses, not otherwise provided for; for research and development in accordance with the provisions of the Federal Aviation Act (49 U.S.C. 1301-1542), including construction of experimental facilities and acquisition of necessary sites by lease or grant; $63,360,700, to be derived from the Airport and Airway Trust Fund, to remain available until expended: Provided, That there may be credited to this appropriation funds received from States, counties, municipalities, other public authorities, and private sources, for expenses incurred for research and development: Provided further, That the unexpended balance of the appropriation for "Research and development," but excluding the balance of the amount appropriated for safety regulation activities, shall be transferred and added to this appropriation.

72 Stat. 731.

GRANTS-IN-AID FOR AIRPORTS (AIRPORT AND AIRWAY TRUST FUND)

For grants-in-aid for airport planning pursuant to section 13 of Public Law 91-258, and for liquidation of obligations incurred for airport development under authority contained in section 14 of Public Law 91-258, to be derived from the Airport and Airway Trust Fund and to remain available until expended, $107,000,000, of which $15,000,000 shall be for airport planning grants.

49 us^^' n n. 49 USC 1714.

FEDERAL PAYMENT TO THE AIRPORT AND AIRWAY TRUST FUND

For payment to the Airport and Airway Trust Fund as provided by section 208(d) of Public Law 91-258, $580,744,000: Provided, That the unappropriated balance in the Trust Fund as of July 1, 1972, shall be available solely to liquidate obligations incurred subsequent to June 30, 1972, under sections 14(a)(1) and 14(a)(2) of Public Law 91-258. SAFETY REGULATION

For necessary expenses of the Federal Aviation Administration for safety regulation activities, including arms and ammunition, operation and maintenance (including administrative expenses for research and development), acquisition and modernization of facilities and equipment, and research, development, and service testing in accordance with the provisions of the Federal Aviation Act (49 U.S.C. 1301-1542), including construction of experimental facilities and acquisition of necessary sites by lease or grant, $160,000,000 to remain available until expended, of which $4,500,000 shall be available only for research and development for noise abatement and pollution con-

84 suu 250^.

49 USC 1742.

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[85 STAT.

trol: Provided, That the obligated balance of amounts appropriated for safety regulation aetiv ities, under appropriations for ''Operations" and the unexpended balance of amounts appropriated for "Research and development," for the prior fiscal year, shall be transferi-ed to this appropriation. OPERATION AND MAINTENAXCE, NATIONAL CAPITAL AIRPORTS

For expenses incident to the care, operation, maintenance, improvement, and protection of the federally owned civil airports in the vicinity of the District of Columbia, including purchase of eight passenger motor vehicles for police use, of which seven are for replacement only; purchase, cleaning, and repair of uniforms; and arms and ammunition; $11,467,000. CoxsTRucTiox,

XATIOXAL CAPITAL AIRPORTS

For necessary expenses for construction at the federally owned civil airports in the vicinity of the District of Columbia, $4,930,000, to remain available until expended. AviATiox

72 Stat. 803. 61 Stat. 584.

WAR R I S K INSURANCE REVOLVIXG F U N D

The Secretary of Transportation is hereby authorized to make such expenditures, within the limits of funds available pursuant to section 1306 of the Act of August 23, 1958 (49 U.S.C. 1536), and in accordance with section 104 of the Government Corporation Control Act, as amended (31 U.S.C. 849), as may be necessary in carrying out the programs set forth in the budget for the current fiscal year for aviation war risk insurance activities under said Act. FEDERAL HIGHWAY ADMINISTRATION SALARIES AND EXPENSES

80 Stat. 416.

For necessary expenses, not otherwise provided, as authorized by law, of the Federal Highway Administration, including services as authorized by 5 U.S.C. 3109, $7,129,000, of which $1,400,000 shall be derived from the Highway Trust Fund, together with not to exceed $93,037,000 to be transferred from the appropriation for "Federal-aid highways (trust iundiy': Provided, That not to exceed $15,087,000 of the amount provided herein shall remain available until expended. HIGHWAY BEAUTIFICATION (LIQUIDATION OF CONTRACT AUTHORIZATION)

^ 79 f tat. 1028;

84 Stat. 1726.

84 Stat. 1715.

For payment of obligations incurred in carrying out the provisions of title 23, United States Code, sections 131, 136, and 319(b), $10,000,000, to remain available until expended, together with $1,100,000 for necessary administrative expenses for carrying out such provisions of title 23, United States Code, as authorized by section 105(a) of the Federal-Aid Highway Act of 1970. HIGHWAY-RELATED SAFETY GRANTS (LIQUIDATION OF CONTRACT AUTHORIZATION)

80 Stat. 731; 84 Stat. 1740.

For payment of obligations incurred in carrying out the provisions of title 23, United States Code, section 402, administered by the Federal Highway Administration, to remain available until expended, $5,000,000, of which $3,333,333 shall be derived from the Highway

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Trust F u n d; Provided, That not to exceed $340,000 of the amount appropriated herein may be transferred to the appropriation "Salaries and expenses". E A I L CROSSINGS—DEMONSTRATION PROJECTS

For payment of obligations incurred in carrying out the provisions of title 23, United States Code, section 322, to remain available until expended, $10,000,000, of which $3,000,000 shall be derived from the Highway Trust Fund. TERRITORIAL HIGHWAYS

(LiQumATioN

^'^ ^'^*- ^^'*2.

OF CONTRACT AUTHORIZATION)

For payment of obligations incurred in carrying out the provisions of title 23, United States Code, section 215, including services as authorized by 5 U.S.C. 3109, $1,000,000, to remain available until expended.

^'^ ^'®'' ^^2®^° ^*^'- ^^^•

DARIEN G A P HIGHWAY

For necessary expenses for construction of the Darien Gap Highway in accordance with the provisions of section 216 of title 23 of the United States Code, $15,000,000, to remain available until expended. FEDERAL-AID HIGHWAYS

^^ Stat. 1721.

(TRUST F U N D)

For carrying out the provisions of title 23, United States Code, ^2 Stat. sss. which are attributable to Federal-aid highways, not otherwise provided, including reimbursement for sums expended pursuant to the provisions of section 2 of the Pacific Northwest Disaster Relief Act of 1965 (79 Stat. 131), reimbursement for sums expended pursuant to the provisions of section 21 of the Alaska Omnibus Act, as amended (78 Stat. 505), $4,662,093,000, or so much thereof as may be available in ^xloi? *""• and derived from the "Highway trust fund", to remain available until expended. RIGHT-OE-WAY REVOLVING F U N D (LIQUIDATION OF CONTRACT AUTHORIZATION) (TRUST F U N D)

For payment of obligations incurred in carrying out the provisions of title 23, United States Code, section 108(c), as authorized by section 7 (C) of the Federal-Aid Highway Act of 1968, $25,000,000, to remain available until expended, and to be derived from the "Highway trust fund" at such times and in such amounts as may be necessary to meet current withdrawals.

82 Stat. 818.

FOREST HIGHWAYS (LIQUIDATION OF CONTRACT AUTHORIZATION)

For payment of obligations incurred in carrying out the provisions of title 23, United States Code, section 204, pursuant to contract authorization granted by title 23, United States Code, section 203, to remain available until expended, $25,000,000, of which $10,000,000 shall be derived from the highway trust fund.

^2 Stat. 907.

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[85 STAT.

PUBLIC LANDS HIGHWAYS (LIQUIDATION OF CONTRACT AUTHORIZATION) (TRUST F U N D)

78 sta^^^ag?*^'

For payment of obligations incurred in carrying out the provisions "*' *^^^^ ^^2 United States Code, section 209, pursuant to the contract authorization granted by title 23, United States Code, section 203, $5,000,000, to remain available until expended, and to be derived from the "Highway Trust Fund''. BALTIMORE-WASHINGTON

84 Stat. 1713. note.^^^ ^°^

P A R K W A Y TRUST

FUND

For necessary expenses, not otherwise provided, to carry out the provisions of the Federal-Aid Highway Act of 1970, for the Baltimore-Washington Parkway, to remam. available until expended $2,500,000, to be derived from the "Highway trust fund" and to be withdrawn therefrom at such times and in such amounts as may be necessary. NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION TRAFFIC AND HIGHWAY SAFETY

so Stat. 416.

For expenses necessary to discharge the functions of the Secretary with respect to traffic and highway safety, including services authorized by 5 U.S.C. 3109, $69,337,000, of which $25,750,000 shall be derived from the Highway trust fund. CONSTRUCTION OF COMPLIANCE FACILITIES

For necessary expenses of design and acquisition of land, facilities, and equipment by purchase, construction, lease or otherwise, for the Compliance Test Facility, $9,600,000, to remain available until expended. STATE AND COMMUNITY HIGHWAY SAFETY (LIQUIDATION OF CONTRACT AUTHORIZATION)

80 Stat. 731;

84 Stat. 1740.

For payment of obligations incurred in carrying out the provisions ^f title 23, United States Code, section 402, to remain available until expended, $47,000,000, of which $6,000,000 shall be derived from the Highway trust fund. FEDERAL RAILROAD ADMINISTRATION OFFICE OF THE ADMINISTRATOR SALARIES AND EXPENSES

For necessary expenses of the Federal Railroad Administration, including services as authorized by 5 U.S.C. 3109, $2,205,000. RAILROAD RESEARCH

For necessary expenses for conducting railroad research activities, $10,350,000.

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209

BUREAU OF RAILROAD SAFETY

For necessary expenses of the Bureau of Railroad Safety, not otherwise provided for, including services as authorized by 5 XJ.S.C. 3109, $5,631,000. HIGH-SPEED

GROUND TRANSPORTATION

RESEARCH

AND

so Stat. 4i6.

DEVELOPMENT

For necessary expenses for research, development, and demonstrations in high-speed ground transportation, $25,000,000, to remain available until expended. THE ALASKA RAILROAD ALASKA RAILROAD REVOLVING FUND

The Alaska Railroad Revolving Fund shall continue available until expended for the work authorized by law, including operation and maintenance of oceangoing or coastwise vessels by ownership, charter, or arrangement with other branches of the Government service, for the purpose of providing additional facilities for transportation of freight, passengers, or mail, Avhen deemed necessary for the benefit and development of industries or travel in the area served; and payment of compensation and expenses as authorized by 5 U.S.C. 8146, to be ^° ^*^*- ^^^•' reimbursed as therein provided; and not to exceed $1,000,000 of the Fund shall be available for use in construction and engineering work on an extension of the Alaska Railroad from Fairbanks, Alaska, to the International Airport located near that city: Provided, That no employee shall be paid an annual salary out of said fund in excess of the salaries prescribed by the Classification Act of 1949, as amended, for grade GS-15, except the general manager of said railroad, one ^^^^^^ ^^^^ assistant general manager at not to exceed the salaries prescribed by said Act for GS-17, and five officers at not to exceed the salaries prescribed by said Act for grade GS-16. U R B A N MASS T R A N S P O R T A T I O N ADMINISTRATION URBAN MASS TRANSPORTATION

FUND

ADMINISTRATIVE EXPENSES

For necessary administrative expenses of the urban mass transportation program authorized by the Urban Mass Transportation Act of 1964 (49 U.S.C. 1601 et seq., as amended by Public Law 91-453), in ^^"^l.^'^f^' connection with the activities, including uniforms and allowances therefor, as authorized by law (5 U.S.C. 5901-5902); hire of passen- gi^statr^ioe*!*' ger motor vehicles; and services as authorized by 5 U.S.C. 3109; $6,300,000 to remain available until expended. RESEARCH, DEVELOPMENT, AND DEMONSTRATIONS A N D RESEARCH AND T R A I N I N G

UNIVERSITY

For an additional amount for the urban mass transportation program, as authorized by the Urban Mass Transportation Act of 1964, as amended (49 U.S.C. 1601 et seq.), to remain available until expended; $65,000,000: Provided, That $62,000,000 shall be available for research, development, and demonstrations, and $3,000,000 shall be available for university research and training, and managerial training as authorized under the authority of the said act.

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[85 STAT.

L I Q U I D A T I O N OF CONTRACT A I ' T H O R I Z A T I O X

78 Stat. 3 0 2; 84 Stat. 9 6 2.

All appropriation to the urban mass transportation fund, for liquidation of contractual obligations incurred under authority of the Urban Mass Transportation Act of 1964 (49 U.S.C. 1601 et seq., as amended by Public Law 91-453), $150,000,000, to remain available until expended. S A I N T LAAVREXCE S E A W A Y DEVELOPMENT CORPORATION

31 USC* 849.'

The Saint Lawrence Seaway Development Corporation is hereby authorized to make such expenditures, within the limits of funds and borrowing authority available to such Corporation, and in accord with law, and to make such contracts and commitments without regard to fiscal year limitations as provided by section 104 of the Government Corporation Control Act, as amended, as may be necessary in carrying out the programs set forth in the budget for the current fiscal year for such Corporation except as hereinafter provided. LIMITATION

5i^stat'.^206!'''

ON ^U)MINISTRATIVE E X P E N S E S, S A I N T SEAWAY DEVELOPMENT CORPORATION

LAWRENCE

Not to exceed $749,000 shall be aAailable for administrative expenses which shall be computed on an accrual basis, including not to exceed $3,000 for official entertainment expenses to be expended upon the approval or authority of the Secretary of Transportation, hire of passenger motor vehicles, uniforms or allowances therefor for operation and maintenance personnel, as authorized by law (5 U.S.C. 5901-5902) and $15,000 for services as authorized by 5 U.S.C. 3109.

80 Stat. 4 1 6.

TITLE II—RELATED AGENCIES NATIONAL TRANSPORTATION SAFETY BOARD SALARIES AND EXPENSES

For necessary expenses of the National Transportation Safety Board, including employment of temporary guards on a contract or fee basis; hire, operation, maintenance, and repair of aircraft; hire of passenger motor vehicles; services as authorized by 5 LT.S.C. 3109; and uniforms, or allowances therefor, as authorized by law (5 U.S.C. 5901-5902); $7,150,000. CIVIL AERONAUTICS BOARD SALARIES AND EXPENSES

For necessary expenses of the Civil Aeronautics Board, including hire of aircraft; hire of joassenger motor vehicles; services as authorized by 5 U.S.C. 3109; uniforms, or allowances therefor, as authorized by la^y (5 U.S.C. 5901-5902); and not to exceed $1,000 for official reception and representation expenses, $13,445,000. PAYMENTS TO A I R

72 Stat. 7 6 3.

CARRIERS

For payments to air carriers of so much of the compensation fixed and determined by the Civil Aeronautics Board under section 406 of the Federal Aviation Act of 1958 (49 U.S.C. 1376), as is payable by the Board, $53,600,000, to remain available until expended.

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211

I N T E R S T A T E COMMERCE COMMISSION S A I ^ R I E S X\ND E X P E N S E S

For lu'c-essaiv expenses of the Interstate Commerce Commission, includinor services as authorized by 5 U.S.C. 3109, $30,640,000, of which $150,000 shall be available for valuation of pipelines: Provided, That Joint Board members and cooperating State commissioners may use Government transportation requests when traveling in connection with their duties as suoli.

8° «*«*. 4i6,.

THE PAXA^IA (^AXAL ( \ \ X A L ZOXE GoVERXMEXT OPERATING EXPEX'SES

For operating expenses necessary for the Canal Zone Government, including operation of the Postal Service of the Canal Zone; hire of passenger motor vehicles; uniforms or allowances therefor, as authorized by law (5 U.S.C. 5901-5902); expenses incident to conducting so Stat. sos; hearings on the Isthmus; expenses of special training of employees of ^i Stat. 206. the Canal Zone (jovernment as authorized by 5 U.S.C. 4101-4118; so Stat. 432. contingencies of the Governor, residence for the Governor; medical aid and support of the insane and of lepers and aid and support of indigent persons legally within the Canal Zone, including expenses of their deportation when practicable; and maintaining and altering facilities of other Government agencies in the Canal Zone for Canal Zone Government use, $50,800,000. CAPITAL OUTLAY

For acquisition of land and land under water and acquisition, construction, and replacement of improvements, facilities, structures, and equipment, as authorized by law (2 C.Z. Code, sec. 2; 2 C.Z. Code, sec. 371), including the purchase of not to exceed thirteen passenger motor vehicles for replacement only; improving facilities of other Government agencies in the Canal Zone for Canal Zone Government use; and expenses incident to the retirement of such assets; $3,700,000, to remain available until expended.

^^^ Stat. 7,

PAX'AMA CAX^AL COMPAXY CORPORATION

The Panama Canal Company is hereby authorized to make such expenditures within the limits of funds and borrowing authority available to it and in accordance with law, and to make such contracts and commitments without regard to fiscal year limitations as provided by section 104 of the Government Corporation Control Act, as amended (31 U.S.C. 849), as may be necessary in carrying out the programs set forth in the budget for the current fiscal year for such corporation, including maintaining and improving facilities of other Government agencies in the Canal Zone for Panama Canal Company use. LIMITATION ON GENERAL AND ADMINISTRATIVE EXPENSES

Not to exceed $19,283,000 of the funds available to the Panama Canal Company shall be available during the current fiscal year for general and administrative expenses of the Company, including operation of tourist vessels and guide services, which shall be computed 75-432

0-72-16

^^ s*^*- ^^4.

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on an acciiial basis. Funds available to the Panama Canal Company for operating expenses shall be available for the purchase of not to exceed twenty-live passenger motor vehicles, for replacement only, and for uniforms or allowances therefor as authorized by law (5 U.S.C. 80 Stat. 508; 81 Stat. 206.

r^QAI

.^Q(»^

0\)01-.m)Z).

WASUINGTOX ^IETROPOHTAX AREA TRANSIT AUTHORITY FEDERAL CONTRIBUTION

83 stat^^320.^ 144*1 note° ^ "

To enable the Department of Transportation to pay the Washington Metropolitan Area Transit Authority, as part of the Federal contribution toward expenses necessary to design, engineer, construct, and equip a rail rapid transit system, as authorized by the National Capital Transportation Act of 1969 (Public Law 91-143), including acquisition of rights-of-way, land, and interests therein, to remain available until expended, $174,321,000 for the fiscal year 1973. COMMISSION ON HIGHWAY BEAUTIFICATION SALARIES AND EXPENSES

23 USC 131 note.

For necessary expenses of the Commission on Highway Beautification, established by section 123 of the Federal-Aid Highway Act of 1970 (84 Stat. 1727-1,728), $200,000, to remain available until expended. TITLE III GENERAL PROVISIONS

dam°a*^es!'°c°iaims payment.'

SEC. 301. During the current fiscal year applicable appropriations to the Department of Transpoitation shall be available for maintenance and operation of aircraft; hire of passenger motor vehicles and aircraft; and uniforms, or allowances therefor, as authorized by law (5 U.S.C. 5901-5902). ^^^- ^^^^- Fuuds appropriated under this Act for expenditure by the Federal Aviation Administration may be expended for reimbursement of other Federal agencies for expenses incurred, on behalf of the Federal Aviation Administration, in the settlement of claims for damages resulting from sonic boom in connection with research conducted as part of the civil supersonic aiiircraft development. SEC. 303. None of the funds provided in this Act shall be available for administrative expenses in connection with conmiitments for grants-in-aid for airport development aggregating more than $280,000,000 in fiscal year 1972. SEC. 304. None of the funds provided under this Act shall be available for the planning or execution of programs the obligations for which are in excess of $40,000,000 for "Highway Beautification" in fiscal year 1972. SEC. 305. None of the funds provided under this Act shall be available for the planning or execution of programs the obligations for which are in excess of $80,000,000 in fiscal year 1972 for "State and Community Highway Safety" and "Highway-Related Safety Grants". SEC. 306. N(me of the funds provided under this Act shall be available for the planning or execution of programs the obligations for which are in excess of $20,000,000, exclusive of the reimbursable program, in fiscal year 1972 for "Forest Highways". SEC. 307. None of the funds provided under this Act shall be available for the planning or execution of programs the obligations for

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which are in excess of $10,003,000 in fiscal year 1972 for '"Public Lands Highways". SEC. 308. None of the funds provided in this Act shall be available for administrative expenses in connection with commitments for grants for Urban Mass Transportation aggregating more than $900,000,000 in fiscal year 1972. SEC. 309. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein. SEC. 310. None of the funds provided under this Act shall be available for the planning or execution of programs for any further construction of the Miami jetport or of any other air facility in the State of Florida lying south of the Okeechobee Waterway and in the drainage basins contributing water to the Everglades National P a r k until it has been shown by an appropriate study made jointly by the Department of the Interior and the Department of Transportation that such an airport will not have an adverse environmental effect on the ecology of the Everglades and until any site selected on the basis of such study is approved by the Department of the Interior and the Department of Transportation: Provided, That nothing in this section shall affect the availability of such funds to carry out this study. SEC. 311. The Governor of the Canal Zone is authorized to employ services as authorized by 5 U.S.C. 3109, in an amount not exceeding $150,000. SEC. 312. Funds appropriated for operating expenses of the Canal Zone Government may be apportioned notwithstanding section 3679 of the Revised Statutes, as amended (31 U.S.C. 665), to the extent necessary to permit payment of such pay increases for officers or employees as may be authorized by administrative action pursuant to law which are not in excess of statutory increases granted for the same period in corresponding rates of compensation for other employees of the Government in comparable positions. SEC. 313. Appropriations under this Act for the Federal Aviation Administration may be expended for necessary expenses to establish, conduct, and carry out the International Aeronautical Exposition in an amount not to exceed $3,780,000: Provided, That funds so expended shall be reimbursed to the appropriation from which expended out of revenues credited to the appropriation "Federal Aviation Administration/United States International Aeronautical Exposition", in chapter X I of Public Law 92-18. This Act may be cited as the "Department of Transportation and Related Agencies Appropriation Act, 1972". Approved August 10, 1971.

213

F i s c a l year limitation. Everglades National Park, Fla. Ecology study.

80 Stat. 416.

International Aeronautical Exposition.

Ante, p. 5: Short title.

Public Law 92-75 AN ACT To provide for a coordinated national boating safety program.

August 10, 1971 [H. R. 19]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may g ^^t^^A^^f^* be cited as the "Federal Boat Safety Act of 1971". iliu DECLARATION OF POLICY AND PURPOSE

SEC. 2. I t is hereby declared to be the policy of Congress and the

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purpose of this Act to improve boating safety and to foster greater development, use, and enjoyment of all the waters of the United States by encouraging and assisting participation by the several States, the boating industry, and the boating public in development of more comprehensive boating safety programs; by authorizing the establishment of national construction and performance standards for boats and associ^ited equipment; and by creating more flexible regulatory authority concerning the use of boats and equipment. I t is further declared to be the policy of Congress to encourage greater and continuing uniformity of boating laws and regulations as among the several States and the Federal Government, a higher degree of reciprocity and comity among the several jurisdictions, and closer cooperation and assistance between the Federal Government and the several States in developing, administering, and enforcing Federal and State laws and regulations pertaining to boating safety. DEFINITIONS

SEC. 3. As used in this Act, and unless the context otherwise requires— (1) "Boat" means any vessel— (A) manufactured or used primarily for noncommercial use; or (B) leased, rented, or chartered to another for the latter's noncommercial use; or (C) engaged in the carrying of six or fewer passengers. (2) "Vessel" includes every description of watercraft, other than a seaplane on the water, used or capable of being used as a means of transportation on the water. (3) "Undocumented vessel" means a vessel which does not have and is not required to have a valid marine document as a vessel of the United States. (4) "Use" means operate, navigate, or employ. (5) "Passenger" means every person carried on board a vessel other than— (A) the owner or his representative; (B) the operator; (C) bona fide members of the crew engaged in the business of the vessel who have contributed no consideration for their carriage and who are paid for their services; or (D) any guest on board a vessel which is being used exclusively for pleasure purposes who has not contributed any consideration, directly, or indirectly, for his carriage. (6) "Owner" means a person who claims lawful possession of a vessel by virtue of legal title or equitable interest therein which entitles him to such possession. (7) "Manufacturer" means any person engaged in— (A) the manufacture, construction, or assembly of boats or associated equipment; or (B) the manufacture or construction of components for boats and associated equipment to be sold for subsequent assembly; or (C) the importation into the United States for sale of boats, associated equipment, or components thereof.

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(8) "Associated equipment" means— (A) any system, part, or component of a boat as originally manufactured or any similar part or component manufactured or sold for replacement, repair, or improvement of such system, part, or component; (B) any accessory or equipment for, or appurtenance to, a boat; and (C) any marine safety article, accessory, or equipment intended for use by a person on board a boat; but (D) excluding radio equipment. (9) "Secretary" means the Secretary of the Department in which the Coast Guard is operating. (10) "State" means a State of the United States, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the District of Columbia. (11) "Eligible State" means one that has a State boating safety program which has been accepted by the Secretary. APPLICABILITY

SEC. 4. (a) This Act applies to vessels and associated equipment used, to be used, or carried in vessels used, on waters subject to the jurisdiction of the United States and on the high seas beyond the territorial seas for vessels owned in the United States. (b) Sections 5 through 11 and subsections 12(a) and 12(b) of this Act are applicable also to boats moving or intended to be moved in interstate commerce. (c) This Act, except those sections where the content expressly indii*^ates otherwise, does not apply to— (1) foreign vessels temporarily using waters subject to United States jurisdiction: (2) military or public vessels of the United States, except recreational-type public vessels; (3) a vessel whose owner is a State or subdivision thereof, which is used principally for governmental purposes, and which is clearly identifiable as such; (4) ships'lifeboats. BOAT AND ASSOCIATED EQUIPMENT STANDARDS AND LTSE SAFETY REGULATIONS AND STANDARDS

SEC. 5. (a) The Secretary may issue regulations— (1) establishing minimum safety standards for boats and associated equipment, and establishing procedures and tests required to measure conformance with such standards. Each standard shall be reasonable, shall meet the need for boating safety, and shall be stated, insofar as practicable, in terms of performance; (2) requiring the installation, carrying, or using of associated equipment on boats and classes of boats subject to this Act; and prohibiting the installation, carrying, or using of associated equipment which does not conform with safety standards established

215

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under this section. Equipment contemplated by this clause includes, but is not limited to, fuel systems, ventilation systems, electrical systems, navigational lights, sound producing devices, fire fighting equipment, lifesaving devices, signaling devices, ground tackle, life and grab rails, and navigational equipment, (b) A regulation or standard issued under this section— (1) shall specify an effective date which is not earlier than one hundred and eighty days from the date of issuance, except that this period shall be increased in the discretion of the Secretary to not more than eighteen months in any case involving major product design, retooling, or major changes in the manufacturing process, unless the Secretary finds that there exists a boating safety hazard so critical as to require an earlier effective date; what constitutes major product redesign, retooling, or major changes shall be determined by the Secretary; (2) may not compel substantial alteration of a boat or item of associated equipment which is in existence, or the construction or manufacture of which is commenced before the effective date of the regulation; but subject to that limitation may require compliance or performance to avoid a substantial risk of personal injury to the public that the Secretary considers appropriate in relation to the degree of hazard that the compliance will correct; and (3) shall be consistent with laws and regulations governing the installation and maintenance of sanitation equipment. PRESCRIBING REGULATIONS AND STANDARDS

SEC. 6. In establishing a need for formulating and prescribing regulations and standards under section 5 of this Act, the Secretary shall, among other things— (1) consider the need for and the extent to which the regulations or standards will contribute to boating safety; (2) consider relevant available boat safety standards, statistics and data, including public and private research, development, testing, and evaluation; (3) consider whether any proposed regulation or standard is reasonable and appropriate for the particular type of boat or associated equipment for which it is prescribed; (4) consult with the Boating Safety Advisory Council established pursuant to section 33 of this Act regarding all of the foregoing considerations. DISPLAY OF LABELS E VI D E N C I N G

COMPLIANCE

SEC. 7. The Secretary may require or permit the display of seals, labels, plates, i n s i ^ i a, or other devices for the purpose of certifying or evidencing compliance with Federal safety regulations and standards for boats and associated equipment. DELEGATION OF INSPECTION

FUNCTION

SEC. 8. The Secretary may, subject to such regulations, supervision, and review as he may prescribe, delegate to any person, or private or public agency, or to any employee under the supervision of such person or agency, any work, business, or function respecting the examination, inspection, and testing necessary for compliance enforcement or for the development of data to enable the Secretary to prescribe and to issue regulations and standards, under sections 5 and 6 of this Act.

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text: Constitution Amendment Act, 1984

title: Constitution Amendment Act, 1984


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PUBLIC LAW 92-75-AUG. 10, 1971 EXEMPTIONS

SEC. 9. The Secretary may, if he considers that boating safety will not be adversely affected, issue exemptions from any provision of this Act or regulations and standards established thereunder, on terms and conditions as he considers appropriate. FEDERAL PREEMPTION"

SEC. 10. Unless permitted by the Secretary under section 9 of this Act, no State or political subdivision thereof may establish, continue in effect, or enforce any provision of law or regulation which establishes any boat or associated equipment performance or other safety standard, or which imposes any requirement for associated equipment, except, unless disapproved by the Secretary, the carrying or using of marine safetj^ articles to meet uniquely hazardous conditions or circumstances within the State, which is not identical to a Federal regulation issued under section 5 of this Act. ADMISSION OF NONCONFORMING FOREIGN-MADE BOATS

SEC. 11. The Secretary of the Treasury and the Secretary may, by joint re^lationSj authorize the importation of a nonconforming boat or associated equipment upon terms and conditions, including the furnishing of bond, which will assure that the boat or associated equipment will be brought into conformity with the applicable Federal safety reflations and standards before it is used on waters subject to the jurisdiction of the United States. PROHIBITED ACTS

SEC. 12. (a) No person shall— (1) manufacture, construct, assemble, introduce, or deliver for introduction in interstate commerce, or import into the United States, or if engaged in the business of selling or distributing boats or associated equipment, sell or offer for sale, any boat, associated equipment, or component thereof to be sold for subsequent assembly, unless— (A) it conforms with regulations and standards prescribed under this Act, or (B) it is intended solely for export, and so labeled, tagged, or marked on the boat or equipment and on the outside of the container, if any, which is exported. (2) affix, attach, or display a seal, label, plate, insignia, or other device indicating or suggesting compliance with Federal safety standards, on, m, or with a boat or item of associated equipment, which is false or misleading; (3) fail to furnish a notification as required by section 15(a) or exercise reasonable diligence in fulfilling the undertaking given pursuant to section 15(c) of this Act. (b) No person shall be subject to any penalty contained in this section if he establishes that he did not have reason to know in the exercise of due care that a boat or associated equipment does not conform with applicable Federal boat safety standards, or who holds a certificate issued by the manufacturer of the boat or associated equipment to the effect that such boat or associated equipment conforms to all applicable Federal boat safety standards, unless such person knows or reasonably should have loiown that such boat or associated equipment does not so conform.

217

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(c) No person may use a vessel in violation of this Act or regulations issued thereunder. (d) No person may use a vessel, including one otherwise exempted by section 4(c) of this Act, in a negligent manner so as to endanger the life, limb, or property of any person. Violations of this subsection involving use which is grossly negligent, subject the violator, in addition to any other penalties prescribed in this Act, to the criminal penalties prescribed in section 34. (e) No vessel equipped with propulsion machinery of any type and not subject to the manning requirements of the vessel inspection laws administered by the Coast Guard, may while carrying passengers for hire, be used except in the charge of a person licensed for such service under regulations, prescribed by the Secretary, which pertain to qualifications, issuance, revocation, or suspension, and related matters. (f) Section 12(e) of this Act shall not apply to any vessel being used for bona fide dealer demonstrations furnished without fee to business invitees. However, if on the basis of substantial evidence the Secretary determines, pursuant to section 6 hereof, that requiring vessels so used to be under the control of licensed persons is necessary to meet the need for boating safety, then the Secretary may promulgate regulations requiring the licensing of persons controlling such vessels in the same manner as provided in section 12(e) of this Act for persons in control of vessels carrying passengers for hire. TERMINATION OF U N S A F E U S E

SEC. 13. If a Coast Guard boarding officer observes a boat being used without sufficient lifesaving or firefighting devices or in an overloaded or other unsafe condition as defined in regulations of the Secretary, and in his judgment such use creates an especially hazardous condition, he may direct the operator to take whatever immediate and reasonable steps would be necessary for the safety of those aboard the vessel, including directing the operator to return to mooring and to remain there until the situation creating the hazard is corrected or ended. INSPECTION, INVESTIGATION, REPORTING

,

62 Stat. 7 9 1. 81 Stat. 54.

SEC. 14, (a) Every manufacturer subject to the provisions of this Act shall establish and maintain records, make reports, and provide information as the Secretary may reasonably require to enable him to determine whether the manufacturer has acted or is acting in compliance with this Act and the regulations issued thereunder. A manufacturer shall, upon request of an officer, employee, or agent authorized by the Secretary, permit the officer, employee, or agent to inspect at reasonable times factories or other facilities, books, papers, records, and documents relevant to determining whether the manufacturer has acted or is acting in compliance with this Act and the regulations issued thereunder. (b) All information reported to or otherwise obtained by the Secretary or his representative pursuant to subsection (a) of this section containing or relating to a trade secret or other matter referred to in section 1905 of title 18 of the United States Code, or authorized to be exempted from public disclosure by subsection 552(b) of title 5, United States Code, shall be considered confidential for the purpose of that section of title 18, except that, upon approval by the Secretary, such information may be disclosed to other officers, employees, or agents concerned with carrying out this Act or when relevant in any proceeding under this Act.

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219

NOTIFICATION OF D E F E C T S; REPAIR OR R E P L A C E M E N T

SEC. 15. (a) Every manufacturer who discovers or acquires information which he determines, in the exercise of reasonable and prudent judgment, indicates that a boat or associated equipment subject to an applicable standard or regulation prescribed pursuant to section 5 of this Act either fails to comply with such standard or regulation, or contains a defect which creates a substantial risk of personal injury to the public, shall, if such boat or associated equipment has left the place of manufacture, furnish notification of such defect or failure of compliance as provided in subsections (b) and (c) of this section, within a reasonable time after the manufacturer has discovered the defect. (b) The notification required by subsection (a) of this section shall be given to the following persons in the following manner— (1) by certified mail to the first purchaser for purposes other than resale: Provided, That the requirement for notification of such first purchaser shall be satisfied if the manufacturer exercises reasonable diligence in creating and maintaining a list of such purchasers and their current addresses and sends the required notice to each person on said list at the address appearing thereon; (2) by certified mail to subsequent purchasers, if known to the manufacturer; (3) by certified mail or other more expeditious means to the dealers or distributors of such manufacturer to whom such boat or associated equipment was delivered. (c) The notification required by subsection (a) of this section shall contain a clear description of such defect or failure to comply, an evaluation of the hazard reasonably related thereto, a statement of the measures to be taken to correct such defect or failure to comply, and an undertaking by the manufacturer to take such measures at his sole cost and expense. (d) Every manufacturer shall furnish to the Secretary a true or representative copy of all notices, bulletins, and other communications to dealers or distributors of such manufacturer or to purchasers, or subsequent purchasers, of boats or associated equipment of such manufacturer, regarding any defect relating to safety in such boats or associated equipment or any failure to comply with a standard, regulation, or order applicable to such boat or associated equipment. The Secretary may publish or otherwise disclose to the public so much of the information contained in such notices or other information in his possession as he deems will assist in carrying out the purposes of this Act, but shall not disclose any information which contain or relates to a trade secret unless he determines that it is necessary to carry out the purposes of this Act. (e) If through testing, inspection, investigation, research, or examination of reports carried out pursuant to this Act the Secretary determines that any boat or associated equipment subject to this Act— (1) fails to comply with an applicable standard or regulation prescribed pursuant to section 5; or (2) contains a defect which relates to safety, and if the Secretary determines that notification provided under this section is appropriate, he shall notify the manufacturer of the boat or associated equipment of such defect or failure to comply. The notice shall contain the findings of the Secretary and shall include a synopsis of the information upon which the findings are based. Upon receipt of such notice, the manufacturer shall furnish the notification described in subsection (c) to the persons designated in subsection (b), unless the manufacturer disputes the Secretary's determination, in

Notification, recipients.

Public d i s c l o ' sure.

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Publication in Federal Register.

"Associated equipment."

Regulations.

PUBLIC LAW 92-75-AUG. 10, 1971

[85 STAT.

which case the Secretary shall afford such manufacturer an opportunity to present his views to establish that there is no failure of compliance or defect relating to safety. Where the Secretary determines it is in the public interest, he may publish notice of such proceeding in the Federal Register and afford interested persons, including the Boating Safety Advisory Council, an opportunity to comment thereon. If after such presentation by the manufacturer the Secretary determines that such boat or associated equipment does not comply with an applicable standard or regulation, or that it contains a defect related to safety, the Secretary may direct the manufacturer to furnish the notification specified in subsection (c) of this section to the persons specified in subsection (b) of this section. (f) For purposes of section 15, the term "associated equipment" includes only such items or classes of associated equipment as the Secretary shall by regulation or order prescribe after determining that the application of the requirements of this section to such items or classes of associated equipment is reasonable, appropriate, and in furtherance of the purposes of this Act. (g) The Secretary is authorized to promulgate regulations defining and establishing procedures and otherwise furthering the purposes of this section. RENDEEING OF ASSISTANCE IN CASUALTIES

Vessel operator, duties.

Liability exemption.

SEC. 16. (a) The operator of a vessel, including one otherwise exempted by subsection 4(c) of this Act, involved in a collision, accident, or other casualty, to the extent he can do so without serious danger to his own vessel, or persons aboard, shall render all practical and necessary assistance to persons affected by the collision, accident, or casualty to save them from danger caused by the collision, accident, or casualty. He shall also give his name, address, and the identification of his vessel to any person injured and to the owner of any property damaged. The duties imposed by this subsection are in addition to any duties otherwise imposed by law. (b) Any person who complies with subsection (a) of this section or who gratuitously and in good faith renders assistance at the scene of a vessel collision, accident, or other casualty without objection of any person assisted, shall not be held liable for any civil damages as a result of the rendering of assistance or for any act or omission in providing or arranging salvage, towage, medical treatment, or other assistance where the assisting person acts as an ordinary, reasonably prudent man would have acted under the same or similar circumstances. NUMBERING OF CERTAIN VESSELS VESSELS REQUIRING NUMBERING

SEC. 17. An undocumented vessel equipped with propulsion machinery of any type shall have a number issued by the proper issuing authority in the State in which the vessel is principally used. STANDARD NUMBERING

SEC. 18. (a) The Secretary shall establish by regulation a standard numbering system for vessels. Upon application by a State the Secretary shall approve a State numbering system which is in accord with the standard numbering system and the provisions of this Act relating to numbering and casualty reporting. A State with an approved system is the issuing authority under the Act. The Secretary is the issuing authority in States where a State numbering system has not been approved.

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(b) If a State lias a numbering system approved by the Secretary under the Aot of September 2, 1958 (72 Stat. 1754), as amended, prior to enactment hereof, the system need not be immediately revised to conform with this Act and may continue in effect without change for a period not to exceed three years from the date of enactment of this Act. (c) When a vessel is actually numbered in the State of principal use, it shall be considered as in compliance with the numbering system requirements of any State in which it is temporarily used. (d) When a vessel is removed to a new State of principal use, the issuing authority of that State shall recognize the validity of a number awarded by any other issuing authority for a period of at least sixty days before requiring numbering in the new State. (e) If a State has a numbering system approved after the effective date of this Act, that State must accept and recognize any certificate of number issued by the Secretary, as the previous issuing authority in that State, for one year from the date that State's system is approved, or until its expiration date, at the option of the State. (f) Whenever the Secretary determines that a State is not administering its approved numbering system in accordance with the standard numbering system, or has altered its system without his approval, he may withdraw his approval after giving notice to the State, in writing, setting forth specifically wherein the State has failed to meet the standards required, and the State has not corrected such failures within a reasonable time after being notified by the Secretary.

46 USC 527 note.

EXEMPTIONS

SEC. 19. (a) The Secretary, when he is the issuing authority, may exempt a vessel or class of vessels from the numbering provisions of this Act under such conditions as he may prescribe. (b) When a State is the issuing authority, it may exempt from the numbering provisions of this Act any vessel or class of vessels that has been exempted under subsection (a) of this section or otherwise as permitted by the Secretary. DESCRIPTIOX OF CERTIFICATE OF

NUMBER

SEC. 20. (a) A certificate of number granted under this Act shall be pocket size, shall be at all times available for inspection on the vessel for which issued when the vessel is in use, and may not be valid for more than three years. The certificate of number for vessels less than twenty-six feet in length and leased or rented to another for the latter"s noncommercial use of less than twenty-four hours may be retained on shore by the vessel's owner or his representative at the place from which the vessel departs or returns to the possession of the owner or his representative. A vessel which does not have the certificate of number on board shall be identified while in use, and comply with such other requirements, as the issuing authoiity prescribes. (b) The owner of a vessel numbered under this Act shall furnish to the issuing authority notice of the transfer of all or part of his interest in the vessel, or of the destruction or abandonment of the vessel, within a reasonable time thereof, and shall furnish notice of any change of address within a reasonable time of the change, in accordance with prescribed regulations. DISPLAY OF

NUMBER

SEC. 21. A number required by this Act shall be painted on, or attached to, each side of the forward half of the vessel for which it was

Transfer, notice.

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issued, and shall be of the size, color, and type as may be prescribed by the Secretary. Xo other number may be carried on the forward half of the A'essel. SAFETY

CERTIFICATES

SEC. 22. When a State is the issuing authority it may require that the operator of a numbered vessel hold a valid safety certificate issued under terms and conditions set by the issuing authority. REGULATIONS

SEC. 23. The issuing authority may prescribe regulations and establish fees to carry out the intent of sections 17 through 24 and section 37 of this Act. A State issuing authority may impose only terms and conditions for vessel numbering (1) which are prescribed by this Act or the regulations of the Secretary concerning the standard numbering system, or (2) which relate to proof of payment of State or local taxes. F U R N I S H I N G OF INFORMATION

SEC. 24. Any person may request from an issuing authority vessel luunbering and registration information which is retrievable from vessel numbering system records of the issuing authority. When the issuing authority is satisfied that the request is reasonable and related to a boating safety purpose, the information shall be furnished upon payment by such persion of the cost of retrieval and furnishing of the information requested. STATE BOATING SAFETY PROGRAMS ESTABLJSHMENT AND ACCEPTANCE

SEC. 25. I n order to encourage greater State participation and consistency in boating safety efforts, and particularly greater safety patrol and enforcement activities, the Secretary may accept State boating safety programs directed at implementing and supplementing this Act. Acc€.ptance is necessary for a State to receive full rather than partial Federal financial assistance under this Act. The Secretary may also make Federal funds available to an extent permitted b^^ subsection 27(d) of this Act to national nonprofit public service organizations for national boating safety programs and activities which he considers to be in the public interest. BOATING SAFETY PROGRAM C O N T E N T

SEC. 26. (a) The Secretary shall accept a State boating safety program which— (1) incorporates a State vessel numbering system previously approved under this Act or includes such a numbering system as part of the proposed boating safety program; (2) includes generally the other substantive content of the Model State Boat Act as approved by the National Association of State Boating Law Administrators in conjunction with the Council of State Governments, or is in substantial conformity therewith, or conforms sufficiently to insure uniformity and promote comity among the several jurisdictions; (3) provides for patrol and other activity to assure enforcement of the State boating safety laws and regulations; (4) provides for boating safety education programs;

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(5) designates the State authority or agency which will administer the boating safety program and the allocated Federal funds; and (6) provides that the designated State authority or agency will submit reports in the form prescribed by the Secretary. (b) The requirements of subparagraph (a)(2) of this section shall be liberally construed to permit acceptance where the general intent and purpose of such requirements are met and nothing contained therein is in any way intended to discourage a State program which is more extensive or comprehensive than suggested herein, particularly with the regard to safety patrol and enforcement activity commensurate with the amount and type of boating activity within the State, and with regard to public boat safety education, and experimental programs which could enhance boating safety. ALLOCATION OF FEDERAL FUNDS

SEC. 27. (a) The Secretary shall allocate the amounts appropriated to the several States as soon as practicable after July 1 of each fiscal year for which the funds are appropriated. (b) I n order to encourage and assist the States in the development of boating safety programs during the first three fiscal yeare for which funds are available under this Act, the funds shall be allocated among applying States having a boating safety program, or which indicate to the Secretary their intention to establish boating safety programs in accordance with section 25 of this Act. One-half of the funds shall be allocated equally among the applying States. The other half shall be allocated to each applying State in the same ratio as the number of vessels propelled by machinery numbered in that State bears to the number of such vessels numbered in all applying States. (c) I n fiscal years after the third fiscal year for which funds are available under this Act the moneys appropriated shall he. allocated among applying States. Of the total available funds one-third shall be allocated each year equally among applying States. One-third shall be allocated so that the amount each year to each applying eligible State will be in the same ratio as the number of vessels numbered in that State, under a numbering system approved under this Act, bears to the number of such vessels numbered in all applying eligible States. The remaining one-third shall lye allocated so that the amount each year to each applying eligible State shall be in the same ratio as the State funds expended or obligated for the State boating safety program during the previous fiscal year by a State bears to the total State funds expended or obligated for that fiscal year by all the applying eligible States. (d) The Secretary may allocate not more than 5 per centum of funds appropriated in any fiscal year for national boating safety activities of one or more national nonprofit-public service organizations. ALLOCATION L I M I T A T I O N S; UNOBLIGATED OR UNALLOCATED F U N D S

SEC. 28. (a) Notwithstanding the allocation ratios prescribed in section 27 of this Act, the Federal share of the total annual cost of a State's boating safety program may not exceed 75 per centum in fiscal year 1972, 66% per centum in fiscal year 1973, 50 per centum in fiscal year 1974, 40 per centum in fiscal year 1975, and SSy^ per centum in fiscal year 1976. No State may receive more than 5 per centum of the Federal funds appropriated or available for allocation in any fiscal year.

Limitation,

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[85 STAT.

(b) Amounts allocated to a State shall be available for obligation by that State for a period of three years following the date of allocation. Funds unobligated by the State at the expiration of the three-year period shall be withdrawn by the Secretary and shall be available with other funds to be allocated by the Secretary during that fiscal year. (c) Funds available to the Secretary which have not been allocated at the end of a fiscal year shall be carried forward as part of the total allocation funds for the next fiscal year for which appropriations are authorized by this Act, DETERMINATION OF STATE F U N D S E X P E N D E D

SEC. 29. In accordance with regulations prescribed by the Secretary computation by a State of funds expended or obligated for the boatingsafety program shall include the acquisition, maintenance, and operating costs of facilities, equipment, and supplies; personnel salaries and reimbursable expenses; the costs of training personnel; public boat safety education; the costs of administering the program; and other expenses which the Secretary considers appropriate. The Secretary shall determine any issues which arise in connection with such computation. AUTHORIZATION FOR APPROPRIATIONS FOR STATE BOATING SAFETY PROGRAMS

SEC. 30. For the pui"pose of providing financial assistance for State boating safety programs there is authorized to be appropriated $7,500,000 for the fiscal year ending June 30, 1972, and $7,500,000 for each of the four succeeding fiscal years, such appropriations to remain available until expended. PAYMENTS

SEC. 31. (a) Amounts allocated under section 27 of this Act shall he computed and paid to the States as follows: (1) During the first three fiscal years that funds are available the Secretary shall schedule the initial payment to each State at the earliest possible time after application and compliance with subsection 27(b) of this Act. (2) For fiscal years after the third fiscal year for which funds are available, the Secretary shall determine during the last quarter of a fiscal year, on the basis of computations made pursuant to section 29 of this Act and submitted by the States, the percentage of the funds available for the next fiscal year to which each eligible State shall be entitled. Notice of the percentage and of the dollar amount, if it can then be determined, for each State shall be furnished to the States at the earliest practicable time. If the Secretary finds that an amount made available to a State for a prior year is greater or less than the amount which should have been made available to that State for the prior year, because of later or more accurate State expenditure information, the amount for the current fiscal year may be increased or decreased by the appropriate amount. (b) Notwithstanding any other provision of law, the Secretary shall schedule the payment of funds consistent with the program purposes and applicable Treasury regulations, so as to minimize the time elapsing between the transfer of funds from the United States Treasury and the subsequent disbursement thereof by a State.

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(c) Whenever the Secretary, after reasonable notice to the designated State authority or agency, finds that— (1) the boating safety program submitted by the State and accepted by the Secretary has been so changed that it no longer complies with this Act or standards established by regulations thereunder; or (2) in the administration of the boating safety program, there has been a failure to comply substantially with the standards established by the regulations; the Secretary shall notify the State authority or agency that no further payments will be made to the State until the program conforms to the established standards or the failure is corrected. (d) The Secretary shall, by regulation, provide for such accounting, budgeting, and other fiscal procedures as are necessary and reasonable for the proper and efficient administration of this section. The Secretary and the Comptroller General of the United States shall have access for the purpose of audit and examination, to any books, documents, papers, and records that are pertinent to Federal funds allocated under this Act. CONSULTATION AND

225 Noncompliance, payment termination.

Records, availability.

COOPERATION

SEC. 32. (a) I n carrying out his responsibilities under this Act the Secretary may consult with State and local governments, public and private agencies, organizations and committees, private industry, and other persons having an interest in boating and boating safety. (b) The Secretary may advise, assist, and cooperate with the States and other interested public and private agencies, in the planning, development, and execution of boating safety programs. Acting under the authority of section 141 of title 14, United States Code, and consonant with the policy defined in section 2 of this Act, the Secretary shall insure the fullest cooperation between the State and Federal authorities in promoting boating safety by entering into agreements and other arrangements with the State whenever possible. Subject to the provisions of chapter 23, title 14, he may make available, upon request from a State, the services of members of the Coast Guard Auxiliary to assist the State in the promotion of boating safety on State waters. BOATING S A F E T Y ADVISORY

Coast Guard, utilization.

63 Stat. 505.

14 USC 8 2 1.

COUNCIL

SEC. 33. (a) The Secretary shall establish a National Boating Safety Advisory Council (hereinafter referred to as "the Council"), which shall not exceed twenty-one members, whom the Secretary considers to have a particular expertise, knowledge, and experience in boating safety. Insofar as practical, to assure balanced representation, members shall be drawn equally from (1) State officials responsible for State boating safety programs, (2) boat and associated equipment manufacturers, and (3) boating organizations and members of the general public. Additional persons from those sources may be appointed to panels to the Council which will assist the Council in the performance of its functions. (b) I n addition to the consultation required by section 6 of this Act the Secretary shall consult with the Council on any other major boat safety matters related to this Act.

Membership.

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PUBLIC LAW 92-75-AUG. 10, 1971

[85 STAT.

(c) Members of the Council or panels may be compensated at a rate not to exceed the rate provided for Federal classified employees of grade GS-18 when engaged in the duties of the Council. Members, while away from their homes or regular places of business, may be allowed travel expenses, including a per diem in lieu of subsistence as authorized by section 5703 o;f title 5, United States Code, for persons in the Government service employed intermittently. Payments under this section shall not render members of the Council employees or officials of the United States for any purposes. CRIMINAL PENALTIES

SEC. 34. Any person who willfully violates section 12(c) of this Act or the regulations issued thereunder shall be fined not more than $1,000 for each violation or imprisoned not more than one year, or both. CIVIL P E N A L T I E S

Secretary, authority.

SEC. 35. (a) I n addition to any other penalty prescribed by law any person who violates subsection 12(a) of this Act shall be liable to a civil penalty of not more than $2,000 for each violation, except that the maximum civil penalty shall not exceed $100,000 for any related series of violations. Whenever any corporation violates section 12(a) of this Act, any director, officer, or executive employee of such corporation who knowingly and willfully ordered or knowingly and willfully authorized such violation shall be individually liable to the civil penalties contained herein, in addition to the corporation: Provided, however, That no such director, officer, or executive employee shall be individually liable under this subsection if he can demonstrate, by a preponderance of the evidence, (1) that said order or authorization was issued on the basis of a determination, in the exercise of reasonable and prudent judgment, that the nonconformity with standards and regulations constituting such violation would not cause or constitute a substantial risk of personal injury to the public, and (2) that at the time of said order or authorization he advised the Secretary in writing of his action under this proviso. (b) I n addition to any other penalty prescribed by law any person who violates any other provision of this Act or the regulations issued thereunder shall be liable to a civil penalty of not more than $500 for each violation. If the violation involves the use of a vessel, the vessel, except as exempted by subsection 4(c) of this Act, shall be liable and may be proceeded against in the district court of any district in which the vessel may be found. (c) The Secretary may assess and collect any civil penalty incurred under this Act and, in his discretion, remit, mitigate, or compromise any penalty prior to referral to the Attorney General. Subject to approval by the Attorney General, the Secretary may engage in any proceeding in court for that purpose, including a proceeding under subsection (d) of this section. I n determining the amount of any penalty to be assessed hereunder, or the amount agreed upon in any compromise, consideration shall be given to the appropriateness of such penalty in light of the size of the business of the person charged, the gravity of the violation and the extent to which the person charged has complied with the provisions of section 15 of this Act or has otherwise attempted to remedy the consequences of the said violation.

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(d) When a civil penalty of not more than $200 has been assessed Federal magisunder this Act, the Secretary may refer the matter for collection of *'^^'^'''° the penalty directly to the Federal magistrate of the jurisdiction wherein the person liable may be found for collection procedures under supervision of the district court and pursuant to order issued by the court delegating such authority under section 636(b) of title 28, United States Code. 82 Stat. i i u. INJUNCTIVE

PROCEEDINGS

SEC. 86. The United States district courts shall have jurisdiction to u.s. district restrain violations of this Act, or to restrain the sale, offer for sale, or ^°^^^^' •'""^'^i'=the introduction or delivery for introduction, in interstate commerce, or the importation into the United States, of any boat or associated equipment which is determined not to conform to Federal boat safety standards, upon petition by the Attorney General on behalf of the United States. Whenever practicable, the Secretary shall give notice Notice, hearing to any person against whom an action for injunctive relief is con- °pp°'''""ity* templated and afford him an opportunity to present his views, and except in the case of knowing and willful violation, shall afford him a reasonable opportunity to achieve compliance. The failure to give notice and afford such opportunity does not preclude the granting of appropriate relief. ( \ \ S U A L T Y KEPORTING SYSTEMS

SEC. 87. (a) The Secretary shall prescribe a uniform vessel casualty reporting system for vessels subject to this Act, including those otherwise exempted by paragraphs (1), (8), and (4) of section 4(c). (b) A State vessel numbering system and boating safety program approved under this Act shall provide for the reporting of casualties and accidents involving vessels. A State shall compile and transmit to state reports the Secretary reports, information, and statistics on casualties atnd '° secretary. accidents reported to it. (c) A vessel casualty reporting system shall provide for the report-. ^^'^^ casuaiing of all marine casualties involving vessels indicated in subsection (a) of this section and resulting in the death of any person. Marine casualties which do not result in loss of life shall be classified according' to the gravity thereof, giving consideration to the extent of the injuries to persons, the extent of property damage, the dangers which casualties create, and the size, occupation or use, and the means of propulsion of the boat involved. Regulations shall prescribe the casualties to be reported and the manner of reporting. (d) The owner or operator of a boat or vessel indicated in subsection (a) of this section and involved in a casualty or accident shall report the casualty or accident to the Secretary in accordance with regulations prescribed under this section unless he is required to report to a State under a State system approved under this Act. (e) The Secretary shall collect, analyze, and publish reports, Reports and • ^

,•

J. x- ! •

i

J.1

-/i

1 r. T

1

-I

recommendations,

miormation, or statistics together with such nndmgs and recommenda- publication. tions as he considers appropriate. If a State accident reporting system provides that information derived from accident reports, other than statistical, shall be unavailable for public disclosure, or otherwise prohibits use by the State or any person in any action or proceeding against an individual, the Secretary may utilize the information or material furnished by a State only in like manner. APPROPRIATIONS AUTHORIZATION

SEC. 38. There is authorized to be appropriated amounts as may be necessary to administer the provisions of this Act. 75-432 O - 72 - 17

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[85 STAT.

GENERAL REGULATIONS

SEC. 39. The Secretary may issue regulations necessary or appropriate to carry out the purposes of this Act. SAVINGS PROVISION

SEC. 40i Compliance with this Act or standards, regulations, or orders promulgated hereunder shall not relieve any person from liability at common law or under State law. MISCELLANEOUS P R 0 \ T; S I 0 N S

Repeals. 70 Stat. 154;

_ 72. Stat. 1756 46 USC 526f, 5 26j.j26m.^^ note. 46 USC 526U. 46 USC 527, 527a, 527e, 527h 46 USC 526u.

"^*^*^""

46 USC 390 et seq.

54 Stat. 163. 72 Stat. 175*4. 46 USC 5 27 note.

gjj^^ ^^^ ^^'^ rj,^^ following are repealed: (1) Section 7, as amended, and sections 13 and 14 of the Motorboat Act of 1940, Public Law 76-484, April 25, 1940 (54 Stat. 165); (2) The Federal Boating Act of 1958, Public Law 85-911, September 2, 1958 (72 Stat. 1754), except subsections 6(b) and 6(c) thereof; (3) The Act of March 28, 1960, Public Law 86-396 (74 Stat. 10);

aud

(4) The Act of August 30, 1961, Public Law 87-171 (75 Stat. 408). (b) Subsection (c) of section 6 of the Federal Boating Act of 1958, September 2, 1958 (72 Stat. 1754), is amended to read as follows: 'Vc) Such Act of April 25, 1940 (46 U.S.C. 526-526t), is further amended by adding at the end thereof the following new section: " ' S E C 22. (a) This Act applies to every motorboat or vessel on the navigable waters of the United States, Guam, the Virgin Islands, the Commonwealth of Puerto Rico, and the District of Columbia, and every motorboat or vessel owned in a State and using the high seas, except that the provisions of this Act other than sections 12, 18, and 19 do not apply to boats as defined in and subject to the Federal Boat Safety Act of 1971. " ' (b) As used in this Act— " 'The term "State" means a State of the United States, Guam, the Virgin Islands, the Commonwealth of Puerto Rico, and the District of Columbia.'" (c) Any vessel, to the extent that it is subject to the Small Passenger Carrying Vessel Act, May 10, 1956 (70 Stat. 151), or to any other vessel inspection statute of the United States, is exempt from the provisions of this Act. (d) Nothing contained in this Act shall be deemed to exempt from the antitrust laws of the United States any conduct that would be unlawful under such laws, or to prohibit under the antitrust laws of the United States any conduct that would be lawful under such laws. (e) Regulations previously issued under statutory provisions repealed, modified, or amended by this Act continue in effect as though promulgated under the authority of this Act until expressly abrogated, modified, or amended by the Secretary under the regulatory authority of this Act. (f) Any criminal or civil penalty proceeding under the Motorboat ^Q^ of 1940, as amended, or the Federal Boating Act of 1958, as amended, for a violation which occurred before the effective date of this Act may be initiated and continue to conclusion as though the former Acts had not been amended or repealed hereby. Approved August 10, 1971.

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Public Law 92-76 ^ ^ ^ ^ ^

August 10, 1971

Making appropriations for the Department of the Interior and related agencies for the fiscal year ending June 30, 1972, and for other purposes.

[H. R. 9417]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following Department of sums are appropriated, out of any money in the Treasury not other- Related Agemies wise appropriated, for the Department of the Interior and related Appropriation Act, agencies for the fiscal year ending June 30, 1972, and for other ^'^'^'^' purposes, namely: TITLE I—DEPARTMENT OF THE INTERIOR PUBLIC LAND MANAGEMENT BUREAU

OF L A N D

MANAGEMENT

M A N A G E M E N T GF LANDS A N D RESOURCES

For expenses necessary for protection, use, improvement, development, disposal, cadastral surveying, classification, and performance of other functions, as authorized by law, in the management of lands and their resources under the jurisdiction of the Bureau of Land Management, $71,035,000. CONSTRUCTION A N D M A I N T E N A N C E

For acquisition, construction and maintenance of buildings, appurtenant facilities, and other improvements, and maintenance of access roads, $4,627,000, to remain available until expended. P U B L I C LANDS DEVELOPMENT ROADS A N D TRAILS ( L I Q U I D A T I O N O F CONTRACT AUTHORITY)

For liquidation of obligations incurred pursuant to authority contained in title 23, United States Code, section 203, $3^00,000, to ^l\^^f\^^^'remain available until expended. OREGON A N D CALIFORNIA GRANT LANDS

For expenses necessary for management, protection, and development of resources and for construction, operation, and maintenance of access roads, reforestation, and other improvements on the revested Oregon and California Railroad grant lands, on other Federal lands in the Oregon and California land-grant counties of Oregon, and on adjacent rights-of-way; and acquisition of rights-of-way and of existing connecting roads on or adjacent to such lands; an amount equivalent to 25 per centum of the aggregate of all receipts during the current fiscal year from the revested Oregon and California Railroad grant lands, to remain available until expended: Provided, That the amount appropriated herein for the purposes of this appropriation on lands administered by the Forest Service shall be transferred to the Forest Service, Department of Agriculture: Provided further, That the amount appropriated herein for road construction on lands other than those administered by the Forest Service shall be transferred to the Federal Highway Administration, Department of Transportation: Provided further, That the amount appropriated herein is hereby made a reiimbursable charge against the Oregon and California land

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43 USC ii8if.

PUBLIC LAW 92-76-AUG. 10, 1971

49 Stat. 1978; 68 Stat. 151. 43 USC 315m. 3 CFR, 19541958 e o m p., p. 424.

STAT.

grant fund and shall be reimbursed to the general fund in the Treasury in accordance with the provisions of the second paragraph of subsection (b) of title II of the Act of August 28, 1937 (50 Stat. 876). RANGE

48 Stat. 1270; 61 Stat. 790. 43 USC 315b, 3151.

[85

IMPROVEMENTS

For construction, purchase, and maintenance of range improvements pursuant to the provisions of sections 3 and 10 of the Act of June 28, 1934, as amended (43 U.S.C. 315), sums equal to the aggregate of all moneys received, during the current fiscal year, as range improvements fees under section 3 of said Act, 25 per centum of all moneys received, during the current fiscal year, under section 15 of said Act, and the amount designated for range improvements from grazing fees from Bankhead-Jones lands transferred to the Department of the Interior by Executive Order 10787, dated November 6, 1958, to remain available until expended. ADMINISTRATIVE

PROVISIONS

Appropriations for the Bureau of Land Management shall be available for acquisition of one surplus aircraft; purchase, erection, and dismantlement of temporary structures; and alteration and maintenance of necessary buildings and appurtenant facilities to which the United States has title: Provided, That of appropriations herein made for the Bureau of Land Management expenditures in connection with the revested Oregon and California Railroad and reconveyed Coos Bay Wagon Road grant lands (other than expenditures made under the appropriation Oregon and California grant lands") shall be reimbursed to the general fund of the Treasury from the 25 per centum referred to in subsection (c), title II, of the Act approved August 28, 1937 (50 Stat. 876), of the special fund designated the "Oregon and California land-grant fund" and section 4 of the Act approved May 24, 1939 (53 Stat. 754), of the special fund designated the "Coos Bay Wagon Road grant fund": Provided further, That appropriations herein made may be expended on a reimbursable basis for (1) surveys of lands other than those under the jurisdiction of the Bureau of Land Management and (2) protection and leasing of lands and mineral resources for the State of Alaska. BUREAU or

INDIAN

AFFAIRS

EDUCATION A N D W E L F A R E

SERVICES

For expenses necessary to provide education and welfare services for Indians, either directly or in cooperation with States and other organizations, including payment (in advance or from date of admission), of care, tuition, assistance, and other expenses of Indians in boarding homes, institutions, or schools; grants and other assistance to needy Indians; maintenance of law and order, and payment of rewards for information or evidence concerning violations of law on Indian leservations or lands; and operation oi Indian arts and crafts shops, $273,787,000. RESOURCES

MANAGEMENT

For expenses necessary for management, development, improvement, and protection of resources and appurtenant facilities under the jurisdiction of the Bureau of Indian Affairs, including payment of irrigatitm assessments and charges; acquisition of water rights; advances for Indian industrial and business enterprises; operation of Indian arts and crafts shops and museums; and development of Indian arts and crafts, as authorized by law, $71,226,000.

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