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PUBLIC LAW 89-298-OCT. 27, 1965

[79 STAT.

SAN FRANCISCO BAY AREA

The project for flood protection on Sonoma Creek, California, is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers in House Document Numbered 224, Eighty-ninth Congress, at an estimated cost of $9,400,000. The project for the Napa River, California, is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers in House Document Numbered 222, Eighty-ninth Congress, at an estimated cost of $14,950,000. W H I T E W A T E R RIVER B A S I N

The project for flood protection on Tahquitz Creek, California, is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers in House Document Numbered 223, Eighty-ninth Congress, except that the amount of local contribution required due to enhancement of land shall be reduced by the amount of contribution determined on lands under Indian ownership at the time of project authorization and not subject to taxation due to Federal statutory restrictions. The amount of contribution on this basis is presently estimated at $508,000. The estimated cost is $3,442,000. SANTA A N A RIVER B A S I N

The project for flood protection on Lytle and Warm Creeks, San Bernardino County, California, is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers in Senate Document Numbered 53, Eighty-ninth Congress, at an estimated cost of $9,750,000. SAN DIEGO RIVER B A S I N

The project for flood protection on San Diego River (Mission Valley), California, is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers in House Document Numbered 212, Eighty-ninth Congress, at an estimated cost of $14,600,000, except that the Secretary of the Army may reimburse local interests for the expenditure of funds used to construct such portions of the project as approved by the Chief of Engineers and constructed under the supervision of the Chief of Engineers. COLUMBIA RIVER

BASIN

The projects for the Lower Grande Ronde and Catherine Creek dams and reservoirs, Grande Ronde River and tributaries, Oregon, are hereby authorized substantially in accordance with the recommendations of the Chief of Engineers in House Document Numbered 280, Eighty-ninth Congress, at an estimated cost of $20,440,000. The Chief of Engineers shall construct, operate, and maintain such projects. The project for flood protection on Willow Creek, Oregon, is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers in House Document Numbered 233, Eightyninth Congress, at an estimated cost of $6,680,000. The project for acquisition of additional lands for waterfowl management at John Day Lock and Dam, Oregon and Washington, is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers in Senate Document Numbered 28,

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PUBLIC LAW 89-298-OCT. 27, 1965

Eighty-ninth Congress, at an estimated cost of $706,000, except that the parcels of land, in Oregon, between the Columbia Eiver and the management area boundary within sections 3, 4, 10, and 11 of Township 4 North, Range 25 East, Willamette Meridian, as shown on plate 1 of Senate Document Numbered 28, Eighty-ninth Congress, estimated at 611.02 acres, shall not be part of the management area, and the Secretary of the Army is authorized to purchase such additional lands in sections 22, 27, 29, and 30, Township 5 North, Eange 26 East, Willamette Meridian, outside the present indicated management area boundary on plate 1, as he determines necessary to replace the lands so excluded. SEC. 205. That the flood control project for the Scioto River, Ohio, authorized in section 203 of the Flood Control Act of 1962, is hereby modified to authorize the construction of the local protection works at Chillicothe, Ohio, at such time as the reservoirs on Alum, Mill, Big Darby, and Deer Creeks are under construction. I n the event the Mill Creek and Alum Creek Reservoirs are constructed by an agency other than the Federal Government, the Federal Government shall not construct such local protection works at Chillicothe, Ohio, until said agency shall furnish assurances satisfactory to the Secretary of the Army that (1) it will provide flood control storage in those reservoirs equivalent to that proposed for the Federal reservoir projects, as authorized by the Flood Control Act of 1962, in accordance with the plan set forth in House Document Numbered 587, Eightyseventh Congress, and (2) that such reservoirs shall be operated for flood control in accordance with regulations prescribed by the Secretary of the Army. SEC. 206, (a) That the Secretary of the Army is hereby authorized and directed to prepare under the direction of the Chief of Engineers, a comprehensive plan for the development and efficient utilization of the water and related resources of the region drained by streams which discharge, within the State of Michigan, into the Saint Clair River, Lake Saint Clair, the Detroit River and Lake Erie. Such plan may provide for importation of water from points not located within the region as defined above. (b) Said comprehensive plan shall be designed to meet the longrange needs of the region for protection against floods, wise use of flood plain lands, improvement of navigation facilities, water supplies for industrial and municipal purposes, outdoor recreational facilities, the enhancement and control of water quality, and related purposes; all with a view to encouraging and supporting the optimum longrange economic development of the region and enhancing the welfare of its people. SEC. 207. That the project for flood protection on the Minnesota River at Mankato and North Mankato, Minnesota, authorized in section 203 of the Flood Control Act of 1958 (Public Law 85-500, 72 Stat. 297) is hereby modified to authorize the Secretary of the Army to credit local interests against their required contribution to such project for any work necessitated by extreme high water done by such interests on such project between April 1, 1965, and February 1, 1966, if he approves such work as being in accordance with such project as authorized. SEC. 208. The Secretary of the Army is hereby authorized and directed to cause surveys for flood control and allied purposes, including channel and major drainage improvements, and floods aggravated by or due to wind or tidal effects, to be made under the direction of the Chief of Engineers, in drainage areas of the United States and its territorial possessions, which include the localities specifically named in this section. After the regular or formal reports made on any

1085

^scioto River, project modification. 76 Stat. nss.

^^^ ^i^air River, comprehensive pi^"-

MinnesotaRiver, project modi. fi'^^tion. ^^ stat„ 310.

ZlTyV°°^ Authorization.

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


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C(!^^^esV°

PUBLIC LAW 89-298-OCT. 27, 1965

[79 STAT.

survey authorized by this section are submitted to Congress, no supplemental or additional report or estimate shall be made unless authorized by law except that the Secretary of the Army may cause ^ review of any examination or survey to be made and a report thereon submitted to Congress, if such review is required by the national defense or by changed physical or economic conditions. Watersheds of streams in the North Atlantic region draining northward in New York toward the Saint Lawrence River below the international boundary and draining directly into the Atlantic Ocean above the Virginia-North Carolina State line with respect to a framework plan for developing the water resources of the region. All streams flowing into the sounds of North Carolina between Cape Lookout and the Virginia line except those portions of the Neuse, Pamlico, and Roanoke Rivers above the estuarine reaches. Watersheds of streams in the South Atlantic region draining directly to the Atlantic Ocean below the Virginia-North Carolina State line and draining directly into the Gulf of Mexico east of Lake Pontchartrain with respect to a framework plan for developing the water resources of the region. The Rio Grande and its tributaries with respect to a framework plan for flood control and other purposes. Watersheds of streams, washes, lakes, and their tributaries, which drain areas of the great basin region of Oregon, California, Nevada, Utah, Idaho, and Wyoming with respect to a framework plan for flood control and other purposes. The Colorado River and tributaries above Lees Ferry, Arizona, with respect to a framework plan for flood control and other purposes. The Colorado River and tributaries below Lees Ferry, Arizona, with respect to a framework plan for flood control and other purposes. Watersheds of streams in the Pacific Northwest region which drain directly into the Pacific Ocean along the coastlines of Washington and Oregon with respect to a framework plan for developing the water resources of the region. Watersheds of streams in California which drain directly into the Pacific Ocean and of streams, washes, lakes, and their tributaries, which drain areas in the eastern portion of the California region with respect to a framework plan for developing the water resources of the region. Kaneohe-Kailua area, Oahu, Hawaii. Terrebonne Parish, Louisiana (water supply). Boyer River, Iowa. Keokuk, Iowa. Mississippi River, north of Dubuque, Iowa. Black Hawk Creek, Iowa. Mount Vernon, Indiana. Orange Lake Basin, Florida. Mayfield Creek, Kentucky. Hatchie River and tributaries, Tennessee and Mississippi. Spoon River, Illinois. Grand (Neosho) River, Oklahoma and Kansas (including navigation). Verdigris River, Kansas. Verdigris River, Oklahoma and Kansas (including navigation). Arkansas River and tributaries at and above Tulsa, Oklahoma. Sanderson, Texas. Abbeville, South Carolina. All streams which drain directly to Pacific Ocean from San Mateo County, California.

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 79 STAT. ]

PUBLIC LAW 89-298-OCT. 27, 1965

Big Mineral Creek, Texas, particularly with reference to construction of a highway bridge. Irondequoit Creek, New York, and tributaries, including Aliens Creek, New York. Coasts of Washington, Oregon, and California to determine advisability of protection work against storm and tidal waves. SEC. 209. Notwithstanding the first proviso in section 201 of the Act entitled "An Act authorizing the construction, repair, and preservation of certain public works on rivers and harbors for navigation, flood control, and for other purposes", approved May 17, 1950 (64 Stat. 163), the authorization in section 204 of such Act of projects for local protection on the Yakima River at Ellensburg, Washington, shall expire on June 10, 1970, unless local interests shall before such date furnish assurances satisfactory to the Secretary of the Army that the required local cooperation in such project will be furnished. SEC. 210. The Secretary of the Army, acting through the Chief of Engineers, is hereby authorized to replace the roads described and set forth in the provisions of their contract numbered DA-41-443-eng939 with Hill County, Texas, which are subject to flooding; such roads being a part of the Whitney Dam and Reservoir project, Whitney, Texas, authorized by the Flood Control Act of December 22, 1944, at an estimated cost of $130,000. SEC. 211. (a) The Secretary of the Army is authorized and directed to convey to the Tennessee Society for Crippled Children and Adults, Incorporated, subject to the provisions of this section, all of the right, title, and interest of the United States in and to that portion of the tract of land lying above elevation 454 feet mean sea level now occupied by such Society at the Old Hickory lock and dam, Cumberland River, Tennessee, under a lease executed by the Secretary of the Army and dated February 10, 1958. (b) The conveyance authorized by this section shall be made upon payment to the United States of the fair market value of the property as determined by the Secretary of the Army, and upon such terms, conditions, reservations, and restrictions as he shall deem necessary to protect the interests of the United States. I n determining the fair market value of the property, the Secretary shall exclude the value of any improvements made by or at the expense of the Tennessee Society for Crippled Children and Adults, Incorporated. (c) The cost of any surveys necessary as an incident of the conveyance authorized by this section shall be borne by the Tennessee Society for Crippled Children and Adults, Incorporated. (d) Title to the property authorized to be conveyed by this section shall revert to the United States, which shall have the right of immediate entry thereon, if the Tennessee Society for Crippled Children and Adults, Incorporated, shall ever cease to use such property for recreation and camping purposes. SEC. 212. The authorized Justice Reservoir on the Guyandot River, West Virginia, hereafter shall be known and designated as the R. D. Bailey Reservoir. Any law, regulation, map, document, record, or other paper of the United States in which the authorized Justice Reservoir is referred to shall be held to refer to such reservoir as the R. D. Bailey Reservoir. SEC. 213. I n recognition of the flood control accomplishments of the water resource project proposed to be constructed on Calispell Creek, Washington, by the Pend Oreille County Public Utility District Number One, there is hereby authorized to be appropriated a monetary contribution toward the construction cost of such project and the amount of such contribution shall be determined by the Secretary of the Army, subject to a finding by him approved by the President, of economic justification for allocation of the amount of

1087

J e'^^^'^^ wls^ ^''°'^^ ^' ^o^te.'^^^ ^° ^'^

^ ^ ^ C""'"'"' f^ Roads.

ss Stat. 899. j ^ ^ ^ " " " fed'chu dren "nd Iduits'' inc conveyance.

Restriction.

R- D. Baitey ^^^elJgnatZ'n^^'

ro e^ct^^wash'^^^'^ cost'contribu'ion.

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Page:United States Statutes at Large Volume 79.djvu/1128

 PUBLIC LAW 89-298-OCT. 27, 1965

1088

33 USC 709.

New York. Water utilization, e t c. Comprehensive plan.

Report s to Congress.

16 USC 4 6 0 d - l. San F r a n c i s c o B a y, Calif. Water quality control, study.

R i v e r s and harbors p r o j e c t s, e t c. Local cooperation requirements.

Ante,

p. 55 2.

Appropriation.

Eel River, Calif. p r o t e c t i v e work c o s t s, reimbursement.

[79 STAT.

flood control, such, funds to be administered by the Secretary of the Army. Prior to making the monetary contribution or any part thereof, the Secretary of the Army and the Pend Oreille County Public Utility District Number One, shall have entered into an agreement providing for operation of the proposed project in such manner as will produce the flood control benefits upon which the monetary contribution is predicated, and such operation of the project for flood control shall be in accordance with rules prescribed by the Secretary of the Army pursuant to the provisions of section 7 of the Flood Control Act of 1944 (58 Stat. 890). Unless construction of the project is undertaken within three years from the date of enactment of this section, the authority for the monetary contribution contained herein shall expire. SEC. 214. The Secretary of the Army, acting through the Chief of Engineers, is authorized to cooperate with the State of New York, political subdivisions thereof, and appropriate agencies and instrumentalities thereof, and with other departments, agencies, and instrumentalities of the United States, in the preparation of comprehensive plans for the development, utilization, and conservation of the water and related resources of drainage basins within the State of New York, and to submit to Congress reports and recommendations with respect to appropriate participation by the Department of the Army in carrying out such plans. SEC. 215. The Act entitled "An Act to authorize the Secretary of the Army to modify certain leases entered into for the provision of recreation facilities at reservoir areas", approved September 14, 1961 (75 Stat. 509), is hereby amended by striking out "before November 1, 1956,". SEC. 216. The Secretary of the Army is hereby authorized and directed to cause to be made, under the direction of the Chief of Engineers, an investigation and study of San Francisco Bay, California, including San Pablo Bay, Suisun Bay, and other adjacent bays and tributaries thereto, with a view toward determining the feasibility of, and extent of Federal interest in, measures for waste disposal and water quality control and allied purposes. SEC. 217. (a) I n the prosecution of projects for river's and harbors and other waterways for the benefit of navigation, the control of destructive flood waters, hurricane protection, beach erosion control, and for other pui^poses, authorized to be prosecuted under the direction of the Secretary of the Army under the supeiTision of the Chief of Engineers in accordance with plans adopted and authorized by the Congress, it is hereby declared to be the policy of the Congress, that whenever such projects are located wholly or paitially within an area which is eligible for financial assistance under the Public Works and Economic Development Act of 1965, the Secretary of Commerce is authorized to purchase evidences of indebtedness and to make loans for a period not exceeding fifty years to enable responsible local interests to meet the requirements of local cooperation pertaining to contributions toward the cost of construction of such projects within such areas. (b) There is hereby authorized to be appropriated to carry out this section, not to exceed $10,000,000 per fiscal year for the fiscal year ending June 30, 1966, and for each fiscal year thereafter through and including the fiscal year ending June 30, 1970. SEC. 218. The Secretary of the Anny shall reimburse any common carrier by railroad for the cost of protective works constructed by such carrier during the years 1%5 and 1966 along the banks of the Eel River, California, to deter recurrence of damage to such banks

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PUBLIC LAW 89-298-OCT. 27, 1965

1089

by floods or high waters, but such reimbursement shall not exceed $3,000,000. SEC. 219. The Chief of Engineers, under the supervision of the Secretary of the Army, is authorized to accept orders from other Federal departments and agencies for w"ork or services and to perform all or any part of such work or services by contract. SEC. 220. Section 206(b) of the Flood Control Act of 1960 (33 information U.S.C. 709a) is amended by striking out "$1,000,000" and inserting ^°7Tsta*t'°5oo in lieu thereof "$2,500,000". SEC. 221. The Joanna Dam proposed for construction at or near ciarence cannon mile 63 of the Salt River near Joanna, Missouri, and the Joanna MO!" ^" eservoir, Eeservoir to be created by such dam, authorized to be constructed by Designation. section 203 of the Flood Control Act of 1962 (76 Stat. 1180), shall be known and designated hereafter as the Clarence Cannon Dam and Reservoir. Any law, regulation, map, document, or record of the United States in which such dam and reservoir are referred to as the Joanna Dam and Reservoir shall be held to refer to such dam and reservoir as the Clarence Cannon Dam and Reservoir. SEC. 222. Title II of this Act may be cited as the "Flood Control citation of title. Act of 1965". TITLE III—RIVERS AND HARBORS SEC. 301. The following works of improvement of rivers and har- River and Harbors and other waterways for navigation, flood control, and other bor Act of 1965. purposes are hereby adopted and authorized to be prosecuted under the direction of the Secretary of the Army and supervision of the Chief of Engineers, in accordance with the plans and subject to the conditions recommended by the Chief of Engineers in the respective reports hereinafter designated. The provisions of section 1 of the River and Harbor Act approved March 2, 1945 (Public Law Numbered 14, Seventy-ninth Congress, first session), shall govern with ^^ ^*^*- ^orespect to projects authorized in this title; and the procedures therein set forth with respect to plans, proposals, or reports for works of improvement for navigation or flood control and for irrigation and purposes incidental thereto, shall apply as if herein set forth in full. NAVIGATION

Weymouth-Fore and Town Rivers, Boston Harbor, Massachusetts: Massachusetts. House Document Numbered 247, Eighty-eighth Congress, at an estimated cost of $12,500,000; Providence River and Harbor, Rhode Island: Senate Document Rhode island. Numbered 93, Eighty-eighth Congress, at an estimated cost of $13,900,000; Rondout Harbor, New York: House Document Numbered 288, ^.^.f."",^"!"^.^"'^ New Jerse^y. Eighty-ninth Congress, at an estimated cost of $20,000; New York and New Jersey Channels-Entrance to Kill Van KuU from Upper New York Bay: House Document Numbered 108, Eightyninth Congress, at an estimated cost of $2,581,000; New York Harbor, New York (Anchorage Areas): Senate Document Numbered 17, Eighty-ninth Congress, at an estimated cost of $44,852,000; Shrewsbury River, New Jersey: House Document Numbered 274, Eighty-ninth Congress, at an estimated cost of $4,090,000; Tred Avon River, Talbot County, Maryland: House Document Maryland. Numbered 225, Eighty-ninth Congress, at an estimated cost of $323,000;

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 1090 Washington Metropolitan Area.

Virginia.

North Carolina. Georgia.

Florida.

Alabama.

Louisiana. Michigan.

Ohio.

PUBLIC LAW 89-298-OCT. 27, 1965

[79 STAT.

Potomac and Anacostia Rivers—Removal of Drift in the Washington Metropolitan Area: House Document Numbered 286, Eighty-ninth Congress, maintenance; Channel to Newport News and Norfolk Harbor, Hampton Roads, Virginia: House Document Numbered 143, Eighty-ninth Congress, at an estimated cost of $7,095,000; Channel to Newport News, Norfolk Harbor, and Thimble Shoal Channel, Virginia: House Document Numbered 187, Eighty-ninth Congress, at an estimated cost of $25,600,000; Hampton Creek, Virginia: House Document Numbered 201, Eightyninth Congress, modification of items of local cooperation; Cape Fear River, North Carolina: House Document Numbered 252, Eighty-ninth Congress, at an estimated cost of $1,510,000; Savannah Harbor, Georgia: House Documents Numbered 226 and 263, Eighty-ninth Congress, at an estimated cost of $13,569,000. The plan recommended by the Chief of Engineers in House Document Numbered 263, Eighty-ninth Congress, shall include facilities to mitigate damages to presently improved areas southeast of the Savannah Wildlife Refuge at an estimated additional cost of $40,000. The Chief of Engineers may include additional facilities to mitigate damages to additional lands southeast of the Savannah Wildlife Refuge if he determines them to be necessary and justified, at an estimated additional cost of $60,000. All such facilities to mitigate damages shall be maintained by local interests. Jacksonville Harbor, Florida: House Document Numbered 214, Eighty-ninth Congress, at an estimated cost of $8,484,000; Ponce de Leon Inlet, Florida: House Document Numbered 74, Eighty-ninth Congress, at an estimated cost of $1,104,000; Broward County and Hillsboro Inlet, Florida: House Document Numbered 91, Eighty-ninth Congress, at an estimated cost of $1,093,000; East Pass Channel from the Gulf of Mexico into Choctawhatchee Bay, Florida: House Document Numbered 194, Eighty-eighth Congress, at an estimated cost of $1,151,000; Perdido Pass Channel, Alabama: Senate Document Numbered 94, Eighty-eighth Congress, at an estimated cost of $625,000; Bayou La Batre, Alabama: House Document Numbered 327, Eightyeighth Congress, at an estimated cost of $262,000; Mermentau River, Louisiana: House Document Numbered 239, Eighty-ninth Congress, at an estimated cost of $2,690,000; Alpena Harbor, Michigan: House Document Numbered 151, Eighty-eighth Congress, at an estimated cost of $806,000. I n order to compensate for existing low water levels in Lake Huron, an additional increment of one foot in channel depth is hereby authorized; Frankfort Harbor, Michigan: Senate Document Numbered 16, Eighty-ninth Congress, at an estimated cost of $237,000; Lexington Harbor, Michigan: House Document Numbered 301, Eighty-eighth Congress, at an estimated cost of $570,000, except that the modified recommendations of the Chief of Engineers and the Secretary of the Army, contained in letter of April 5, 1965, from the Department of the Army to the Committee on Public Works of the United States Senate, shall apply with respect to recreational fishing facilities on the main breakwater; Saginaw River, Michigan: House Document Numbered 240, Eighty-ninth Congress, at an estimated cost of $437,000; Cedar River Harbor, Michigan: House Document Numbered 248, Eighty-ninth Congress, at an estimated cost of $664,000; Ashtabula Harbor, Ohio: House Document Numbered 269, Eightyninth Congress, at an estimated cost of $1,840,000;

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PUBLIC LAW 89-298-OCT. 27, 1965

1091

Kocky River Harbor, Ohio: House Document Numbered 352, '^^^°' Eighty-eighth Congress, at an estimated cost of $235,000; The project for Lorain Harbor, Ohio, authorized in section 101 of 1^°"?^" »^rhoT the River and Harbor Act of 1960 (Public Law 86-645; 74 Stat. 480) prJJfct " is hereby modified to authorize the Secretary of the Army, acting through the Chief of Engineers, to construct such bank stabilization works at cut numbered 1 as may be necessary in his discretion to keep the navigation channel in its proper alinement at an estimated additional cost of $1,600,000. Local interests shall contribute to the cost of the project an amount equal to the value of the land on the date of the original authorization of this project that would have been required for cut numbered 1, but for this modification. West Harbor, Ohio: House Document Numbered 245, Eighty-eighth Congress, at an estimated cost of $544,000; Indiana Harbor, Indiana: House Document Numbered 227, Eighty- indiananinth Congress, at an estimated cost of $96,000; Burns Waterway Harbor, Indiana: House Document Numbered 160, ^^bo"^ waterway Eighty-eighth Congress, a t an estimated cost of $25,000,000. The state reimburse. Secretary of the Army may reimburse the State of Indiana for the "^"*expenditure of funds used to construct such portions of the project as approved by the Chief of Engineers and constructed under the supervision of the Chief of Engineers. Unless construction of the project is initiated within three years from the date of enactment of this Act, the authority to reimburse the State of Indiana contained in this paragraph shall expire. The State of Indiana shall furnish assurance satisfactory to the Secretary of the Army that water and air pollution sources will be controlled to the maximum extent feasible in order to minimize any adverse effects on public recreational areas in the general vicinity of the Harbor. No appropriation is authorized to be made for the construction of this project until the Indiana Dunes National Lakeshore has been voted upon by both Houses of Congress during the same Congress. Chocolate Bayou, Texas: House Document Numbered 217, Eighty- Texas. ninth Congress, at an estimated cost of $1,254,000; Houston Ship Channel (Greens Bayou), Texas: House Document Numbered 257, Eighty-ninth Congress, at an estimated cost of $470,p00; Trinity River and tributaries, Texas: House Document Numbered ^'"f"!*^,'^'.^!'" ^

-r-T'"i

• ! / - <

• I T

•

•

i j i

and t r i b u t a r i e s.

276, Eighty-ninth Congress, including navigation, except that the recommendations of the Board of Engineers for Rivers and Harbors, dated March 14, 1963, shall apply, and there is hereby authorized $83,000,000 for initiation and partial accomplishment of the project. Prior to expenditure of any funds for construction of those features Reevaiuation designed exclusively for navigation, the Chief of Engineers shall sub- ^^P"^* *° *-°"" mit to the Congress a reevaiuation based upon current criteria. San Francisco Bay to Stockton, California: House Document Num- California. bered 208, Eighty-ninth Congress, at an estimated cost of $46,853,000. The works for wavewash protection within the limits of the modified San Joaquin River navigation project shall be repaired or restored by the United States as determined to be necessary by the Secretary of the Army over the life of the project. Crescent City Harbor, California: House Document Numbered 264, Eighty-ninth Congress, at an estimated cost of $1,980,000; Bodega Bay, California: House Document Numbered 106, Eightyninth Congress, at an estimated cost of $853,000; Port San Luis, San Luis Obispo Harbor, California: House Document Numbered 148, Eighty-eighth Congress, at an estimated cost of $6,360,000;

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 1092 O c e a n s i d e Harbor, Calif.

Oregon.

Washington.

PUBLIC LAW 89-298-OCT. 27, 1965

[79 STAT.

Oceanside Harbor, Calil'ornia: House Document Numbered 76, Eighty-ninth Congress, maintenance. The Secretary of the Army is authorized to reimburse local interests for any work doile by such interests on such project after August 1, 1965, if he approves such work as being in accordance with the project as otherwise authorized. Port Orford, Oregon: Senate Document Numbered 62, Eightyeighth Congress, at an estimated cost of $696,000; Chetco River, Oregon: Senate Document Numbered 21, Eightyninth Congress, at an estimated cost of $1,308,000; Tillamook Bay and Bar, Oregon: Senate Document Numbered 43, Eighty-ninth Congress, at an estimated cost of $9,000,000; Edmonds Harbor, Washington: House Document Numbered 147, Eighty-eighth Congress, maintenance; Coasts of the Hawaiian Islands, harbors for light-draft vessels, Hawaii: House Document Numbered 353, Eighty-eighth Congress, at an estimated cost of $4,737,000; Honokahau Harbor, Hawaii: House Document Numbered 68, Eighty-ninth Congress, at an estimated cost of $680,000; Honolulu Harbor and Barbers Point Harbor, Oahu, Hawaii: House Document Numbered 93, Eighty-ninth Congress, at an estimated cost of $9,928,000; Kawaihae Harbor, Hawaii: House Document Numbered 75, Eightyninth Congress, at an estimated cost of $2,291,000; BEACH EROSION

Rhode Island. New J e r s e y.

South Carolina. Florida,

Illinois. Hawaii.

Aquatic plant control project. 33 USC 610.

Cliff Walk, Newport, Rhode Island: House Document Numbered 228, Eighty-ninth Congress, at an estimated cost of $340,000; Perth Amboy, New Jersey: House Document Numbered 186, Eighty-ninth Congress, at an estimated cost of $82,000; Atlantic City, New Jersey: House Document Numbered 325, Eighty-eighth Congress, periodic nourishment; Hunting Island Beach, South Carolina: House Document Numbered 323, Eighty-eighth Congress, at an estimated cost of $319,000; Duval County, Florida: House Document Numbered 273, Eightyninth Congress, at an estimated cost of $2,266,000; Fort Pierce, Florida: House Document Numbered 84, Eighty-ninth Congress, at an estimated cost of $220,000; Evanston, Illinois: House Document Numbered 159, Eighty-ninth Congress, at an estimated cost of $392,000; Haleiwa Beach, Oahu, Hawaii: House Document Numbered 107, Eighty^-ninth Congress, at an estimated cost of $572,000; Waikiki Beach, Hawaii: House Document Nmnbered 104, Eightyninth Congress, at an estimated cost of $2,490,000. SEC. 302. Section 104 of the River and Harbor Act of 1958 (72 Stat. 297, 300), as amended by section 104 of the River and Harbor Act of 1962 (76 Stat. 1173, 1180), is hereby further amended to read as follows: "SEC. 104. (a) There is hereby authorized a comprehensive program to provide for control and progressive eradication of waterhyacinth, alligatorweed, Eurasian water milfoil, and other obnoxious aquatic plant growths, from the navigable waters, tributary streams, connecting channels, and other allied waters of the United States, in the combined interest of navigation, flood control, drainage, agriculture, fish and wildlife conservation, public health, and related purposes, including continued research for development of the most effective and economic control measures, to be administered by the Chief of Engineers, under the direction of the Secretary of the Army,

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Page:The Eurypterida of New York Volume 1.pdf/149

 presents a condition intermediate between that of the typical scorpions and of Limulus or Eurypterus. Likewise, it is shown that the comb is structurally intermediate between a typical scorpion comb and the outer branch of one of the metasomatic appendages of Limulus. Finally Pocock doubts that Palaeophonus possessed spiracles or was an air breather but suggests that it was still aquatic and may have possessed branchial lamellae attached to sternites.

We have above pointed out the features which the larvae of Limulus and the eurypterids have in common. The supposed close relationship of the eurypterids to Scorpio, makes it desirable to compare the larval stages of the two.

The embryology of the scorpions has been investigated by Metschnikoff and more recently by Laurie [1890] and Brauer [1895]. We copy here for comparison one of Metschnikoff's [from Balfour's Treatise on Comparative


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PUBLIC LAW 89-298-OCT. 27, 1965

1093

in cooperation with other Federal and State agencies. Local interests shall agree to hold and save the United States free from claims that may occur from control operations and to participate to the extent of 30 per centum of the cost of such operations. Costs for research and planning undertaken pursuant to the authorities of this section shall be borne fully by the Federal Government. " (b) There are authorized to be appropriated such amounts, not Appropriation. in excess of $5,000,000 annually, as may be necessary to carry out the provisions of this section. Any such funds employed for control operations shall be allocated by the Chief of Engineers on a priority basis, based upon the urgency and need of each area, and the availability of local funds." Susquehanna SEC. 303. The consent of Congress is hereby granted for the pur- River dam. P a. poses of section 9 of the Act of March 3, 1899 (33 U.S.C. 401), to Construction th riza the State of Pennsylvania, to construct a dam on the Susquehanna a u30 oStat. t i o n. 1151. River, downstream from the Bainbridge Street Bridge at Sunbury, Pennsylvania. SEC. 304. The Secretary of the Army is hereby authorized and Surveys, authordirected to cause surveys to be made at the following locations and i z a t i o n. subject to all applicable provisions of section 110 of the River and 64 Stat. 168. Harbor Act of 1950: Jonesport Harbor, Maine. Blue Hill Harbor, Maine. Great and Little Bays and their tributaries, New Hampshire, and adjoining tributaries of the Piscataqua River, New Hampshire and Maine, with a view to determining the advisability of providing improvements in the interest of navigation and allied purposes. Popponesset Bay, Massachusetts. Niagara River, New York, with respect to nature and extent of measures necessary to preserve and enhance the scenic beanty of the American Falls. Great Lakes and Saint Lawrence Seaway: Investigation and study of means of extending the navigation season on the waterways at an estimated cost not to exceed $75,000. Report to include a full and C o n t e n t s of complete investigation and study of waterway deicing systems, includ- reports. ing a review of any previous pertinent reports by the Department of the Army, any available information from any of the other Departments of the Government, and waterw^ay deicing methods in use by private concerns and foreign governments, for the purpose of determining the practicability, means, and economic justification for extending the navigation season on the Great Lakes (including connecting channels and harbors) and the Saint Lawrence Seaway by eliminating ice conditions to the extent possible. The Chief of Engineers may submit such interim reports as may be deemed advisable, and shall submit his final reports, together with his recommendations for such legislation and administrative actions as he may deem advisable, not later than two years after funds are made available for the study. Lake Dauterive and Chareton Floodgate, Louisiana. Dickinson Bayou, Texas. Manchester Harbor, Washington. Gulfport Harbor, Mississippi. Calumet River, Illinois. Gulf Intracoastal Waterway, from about mile 29 West of Harvey Lock to U.S. Highway No. 90 in vicinity of Boutte, Louisiana. Intracoastal Waterway from the Caloosahatchee River to the Withlacoochee River, Florida, with a view to determining the advisability of modifying the project, with particular reference to provision for a side channel or connecting channel improvement through Cross Bayou

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 1094

76 Stat. 1174.

22 USC 275a. E a s t River, N.Y., nonnavigable.

River R a i s i n, Mich., nonnavigable.

Remedial works. 33 USC 633.

PUBLIC LAW 89-298-OCT. 27, 1965

[79 STAT.

to Old Tampa Bay, in the vicinity of Howard Frankland Bridge, for navigation, flood control, and related purposes. San Francisco County, California (beach erosion). Lake Michigan Shoreline, Milwaukee County, Wisconsin (beach erosion). Indian Eiver County, Florida (beach erosion). Marquette County, Michigan (comprehensive). SEC. 305. The first proviso in the paragraph which begins "James River, Virginia:" in section 101 of the River and Harbor Act of 1962 (Public Law 87-874) is amended by striking out "after a period of five years from the date of approval of this Act unless the Governor of Virginia has endorsed the project within that time" and inserting in lieu thereof "October 23, 1971, unless the Governor of Virginia has endorsed the project by that date". SFX:. 306. Section 107 of the River and Harbor Act of 1948 (62 Stat. 1174) is amended by striking out "$5,000" and inserting in lieu thereof "$22,000". SEC. 307. That portion of the East River, in New York County, State of New York, lying between the south line of East Seventeenth Street, extended eastwardly, the United States pierhead line as it existed on July 1, 1965, and the south line of East Thirtieth Street, extended eastwardly, is hereby declared to be not a navigable water of the United States within the meaning of the Constitution and the laws of the United States. SEC. 308. The old channel of the River Raisin in Monroe County, Michigan, lying between the Monroe Harbor range front light and Raisin Point, its entrance into Lake Erie, is declared to be not a navigable stream of the United States within the meaning of the Constitution and the laws of the United States, and the consent of Congress is hereby given for the filling in of the old channel by the riparian owners on such channel. SEC. 309. Section 111 of the River and Harbor Act of 1958 (72 Stat. 303) is amended to read as follows: "SEC. 111. Whenever, during the construction or reconstruction of any navigation, flood control, or related water development project under the direction of the Secretary of the Army, the Chief of Engineers determines that any structure or facility owned by an agency of government and utilized in the performance of a governmental function should be protected, altered, reconstructed, relocated, or replaced to meet the requirements of navigation or flood control, or both; or to preserve the safety or integrity of such facility when its safety or usefulness is determined by the Chief of Engineers to be adversely affected or threatened by the project, the Chief of Engineers may, if lie deems such action to be in the public interest, enter into a contract providing for (1) the payment from appropriations made for the construction or maintenance of such project, of the reasonable cost of replacing, relocating, or reconstructing such facility to such standard as he deems reasonable but not to exceed the minimum standard of the State or political subdivision for the same type of facility involved, except that if the existing: facility exceeds the minimum standard of the State or political subdivision, the Chief of Engineers may provide a facility of comparable standard, or (2) the payment of a lump sum representing the estimated reasonable cost thereof. This section shall not be construed as modifying any existing or future requirement of local cooperation, or as indicating a policy that local interests shall not hereafter be required to assume costs of modifying such facilities. The provisions of this section may be applied to projects hereafter authorized and to those heretofore authorized but not completed as of July 3, 1958, and notwithstanding the navigation servitude vested

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PUBLIC LAW 89-298-OCT. 27, 1965

1095

in the United States, they may be applied to such structures or facilities occupying the beds of navigable waters of the United States." SEC. 310. (a)(1) Subsection (a) of section 107 of the Kiver and Harbor Act of 1960 (33 U.S.C. 577) is amended by striking out ^^ ^'^'- ^s^. "$2,000,000" and inserting in lieu thereof "$10,000,000". (2) Subsection (b) of such section 107 is amended by striking out "$200,000" and inserting in lieu thereof "$500,000". (b) Section 3 of the Act entitled "An Act authorizing Federal participation in the cost of protecting the shores of publicly owned property", approved August 13, 1946, as amended (33 U.S.C. 426g), 76 stat, uyg. IS amended (1) by striking out "$3,000,000" and inserting in lieu thereof "$10,000,000", and (2) by striking out "$400,000" and inserting in lieu thereof "$500,000". (c) The amendments made by this section shall not apply to any project under contract for construction on the date of the enactment of this Act. Calumet SEC. 311. The project for Calumet Harbor and River, Illinois and and River, Harbor 111.Indiana, as authorized by section 101 of the River and Harbor Act ind. of 1962 (76 Stat. 1173), is modified in order to authorize the Chief of j.^^J^^^'^* '"°'Engineers, at his discretion, under the direction of the Secretary of the Army, to provide at Federal cost (1) such protection for the Elgin, Joliet, and Eastern Railway bridge over the Calumet River, Chicago, Illinois, as is necessary to permit dredging of the full width of the south draw to the depth of twenty-seven feet, (2) such temporary protection for the center pier and the south abutment of the New York, Chicago, and Saint Louis Railroad bridge (Nickel Plate) as is necessary to permit dredging of the full width of the south bridge draw to the depth of twenty-seven feet prior to its replacement, and (3) such modification of the channel limits as is necessary to insure full use of each such draw. SEC. 312. (a) The Secretary of the Army, acting through the Chief 33^^?^^^^^^ ^^^ of Engineers, is authorized and directed to make a complete investiga- wat'er utilization tion and study of water utilization and control of the Chesapeake Bay study. Basin, including the waters of the Baltimore Plarbor and including, but not limited to, the following: navigation, fisheries, flood contrw, control of noxious weeds, water pK)llution, water quality control, beach erosion, and recreation. In order to carry out the purposes of this section, the Secretary, acting through the Chief of Engineers, shall construct, operate, and maintain in the State of Maryland a hydraulic model of the Chesapeake Bay Basin and associated technical center. Such model and center may be utilized, subject to such terms and conditions as the Secretary deems necessary, by any department, agency, or instrumentality of the Federal Government or of the States of Maryland, Virginia, and Pennsylvania, in connection with any research, investigation, or study being carried on by them of any aspect of the Chesapeake Bay Basin. The study authorized by this section shall be given priority. (b) There is authorized to be appropriated not to exceed Appropriation. $6,000,000 to cariT out this section. SEC. 313. The Secretary of the Army shall transmit to the Com- Reports to con. mittees on Public Works of the Senate and the House of Represent- ^ut^e^es?"^ ''°'" atives not later than June 30, 1968, a suggested draft of legislation revising and codifying the general and permanent laws relating to civil works projects by the Corps of Engineers for navigation, beach erosion control, flood control, and related water resources development. The Secretary shall also submit a report explaining the proposed legislation, and making specific reference to each change in or omission of any provision of existing law.

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PUBLIC LAW 89-299-OCT. 28, 1965

[79 STAT.

of^stiTes^'forw^^er ^ ^ - ^^^- ^^^ Secretary of the Army, acting through the Chief of resources projects, Engineers, shall make a study of the need for, and the feasibility of, ^^"'^ythe Federal Government reimbursing States, political subdivisions thereof, and other public entities, for expenditures incurred by them in connection with authorized projects for improvement of rivers and harbors and other waterways for navigation, flood control, hurricane protection, beach erosion control, and other water resources development purposes, to the extent that such expenditures are incurred after the initiation of the survey studies which form the basis for such Report to authorizcd projects. The Secretary shall report to Congress, not later ongress. ^^^^ Januar^ 31, 1967, the results of such study together with his recommendations in connection therewith. Citation of title. g^,^, 3^5^ rp-^j^ j j j ^^ ^j^-^ ^^^ ^^^ ^ ^ j ^ ^ ^^ ^-^^ "Elvcr aud Harbor Act of 1965". Approved October 27, 1965. Public Law 89-299 October 28, 1965

L_! —

"-'

AN ACT

Making appropriations for certain civil functions administered by the Department of Defense, the Panama Canal, certain agencies of the Department of the Interior, the Atomic Energy Commission, the Saint Lawrence Seaway Development Corporation, the Tennessee Valley Authority, the Delaware River Basin Commission, and the Interoceanic Canal Commission, for the fiscal year ending June 30, 1966, 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 fiscal year ending June 30, 1966, for certain civil functions administered by the Department of Defense, the Panama Canal, certain agencies of the Department of the Interior, the Atomic Energy Commission, the Saint Lawrence Seaway Development Corporation, the Tennessee Valley Authority, the Delaware River Basin Commission, and the Interoceanic Canal Commission, and for other purposes, namely:

P u b l i c Works Appropriation Act,

(gee^

TITLE I—DEPARTMENT OF DEFENSE—CIVIL DEPARTMENT OF THE ARMY CEMETERIAL, EXPENSES SALARIES AND EXPENSES

For necessary cemeterial expenses as authorized by law, including maintenance, operation, and improvement of national cemeteries, and purchase of headstones and markers for unmarked graves; purchase of five passenger motor vehicles, of which three shall be for replacement only: maintenance of that portion of Congressional Cemetery to which the United States has title. Confederate burial places under the jurisdiction of the Department of the Army, and graves used by

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PUBLIC LAW 89-299-OCT. 28, 1965

1097

the Army in commercial cemeteries; $13,739,000: Provided, That this appropriation shall not be used to repair more than a single approach road to any national cemetery: Provided further, That this appropriation shall not be obligated for construction of a superintendent's lodge or family quarters at a cost per unit in excess of $17,000, but such limitation may be increased by such additional amounts as may be required to provide office space, public comfort rooms, or space for the storage of Government property within the same structure: Provided further, That reimbursement shall be made to the applicable military appropriation for the pay and allowances of any military personnel performing services primarily for the purposes of this appropriation. CORPS or

ENGINEERS—CIVIL,

The following appropriations shall be expended under the direction of the Secretary of the Army and the supervision of the Chief of Engineers for authorized civil functions of the Department of the Army pertaining to rivers and harbors, flood control, beach erosion, and related purposes: GENERAL INVESTIGATIONS

For expenses necessary for the collection and study of basic information pertaining to river and harbor, flood control, shore protection, and related projects, and when authorized by law, surveys and studies of projects prior to authorization for construction, $25,435,000, to remain available until expended: Provided, That $310,000 of this appropriation shall be transferred to the United States Fish and Wildlife Service for studies, investigations, and reports thereon as required by the Fish and Wildlife Coordination Act of 1958 (72 Stat. 563-565) to provide that wildlife conservation shall receive equal consideration and be coordinated with other features of water-resource development programs of the Department of the Army. CONSTRUCTION,

le use eeinote.

GENERAL

For the prosecution of river and harbor, flood control, shore protection, and related projects authorized by law; and detailed studies, and plans and specifications, of projects (including those for development with participation pr under consideration for participation by States, local governments, or private groups) authorized or made eligible for selection by law (but such studies shall not constitute a commitment of the Government to construction); $993,279,000, to remain available until expended: Provided, That no part of this ap- Restriction. propriation shall be used for projects not authorized by law or which are authorized by law limiting the amount to be appropriated therefor, except as may be within the limits of the amount now or hereafter authorized to be appropriated: Provided further. That $500,000 of this appropriation shall be transferred to the United States Fish and Wildlife Service for studies, investigations, and reports thereon as required by the Fish and Wildlife Coordination Act of 1958 (72 Stat. 563-565) to provide that wildlife conservation shall receive equal consideration and be coordinated with other features of waterresource development programs of the Department of the Army.

49-850 0-66—72

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 1098

PUBLIC LAW 89-299-OCT. 28, 1965 OPERATION

AND

MAINTENANCE,

[79 STAT.

GENERAL

For expenses necessary for the preservation, operation, maintenance, and care of existing river and harbor, flood control, and related works, including such sums as may be necessary for the maintenance of harbor channels provided by a State, municipality or other public agency, outside of harbor lines, and serving essential needs of general commerce and navigation; financing the United States share of the cost of operation and maintenance of the remedial works in the Niagara River; activities of the California Debris Commission; administration of laws pertaining to preservation of navigable waters; surveys and charting of northern and northwestern lakes and connecting waters; clearing and straightening channels; and removal of obstructions to navigation; $175,762,000, to remain available until expended. FLOOD CONTROL, H U R R I C A N E A N D SHORE PROTECTION

69 Stat. 186; 76 Stat. 1194, 33 USC 70 in.

EMERGENCIES

For expenses necessary for emergency flood control, hurricane and shore protection activities, as authorized by section 5 of the Flood Control Act approvcd August 18, 1941, as amended, $12,000,000, to • -i ifl j-*l J J 5 ^ 5 5? remain available until expended. GENERAL

EXPENSES

For expeiises necessary for general administration and related functions in the Office of the Chief of Engineers and offices of the Division Engineers; activities of the Board of Engineers for Rivers and Harbors and the Coastal Engineering Research Center; commercial statistics; and miscellaneous investigations; $16,537,000. FLOOD CONTROL, MISSISSIPPI RIVER AND 'rKlBUTAKIE.S

49*stft^*l5?i'*'

For expenses necessary for prosecuting work of flood control, and rescue work, repair,, restoration, or maintenance of flood control projects threatened or destroyed by flood, as authorized by law (33 II.S.C^ ^^^^' 702g-l), $84,942,500, to remain available unti 1 expended. ADMINISTRATIVE PROVISIONS

5 USC 2318. 68 Stat, 1114.

Appropriations in this title shall be available for expenses of attendance by military personnel at meetings in the iimnner authorized by section 19(b) of the Act of July 7, 1958 (72 Stat. 336), uniforms, or allowances therefor, as authorized by the Act of September 1, 1954, .^g amended (5 U.S.C. 2131), and for printing, either during a recess or session of Congress, of survey reports autjiorized by law, and such survey reports as may be printed during a recess of Congress shall be printed, with illustrations, as documents of the next succeeding session of Congress; and during the current fiscal yeai- the revolving fund, Corps of Engineers, shall be aA^ailable for purchase (not to exceed one hundred and eighty-four, of which one hundred and sixty-nine shall be for replacement only) and hire of passengei'; motor vehicles: Provided. That the total capital of said fund shall not exceed $145,(K)0,000.

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PUBLIC LAW 89-299-OCT. 28, 1965

1099

THT: PANAMA (\AXAL C\\N.\I. Z(>Nf2 GoVEKNMKNT OPEKATIX<; FJCl'KNSEtJ

For ajKii-atiii^ expenses necessary for the Canal Zone Government, including ojDeration of the Postal Service of the ('anal Zone; hire of passenger motor vehicles; uniforms or allo\van«'es therefor, as authorized by the Act of September 1, 1954, as amended (5 U.S.(\ 2131): expenses incident to conducting hearings on the Isthmus; expenses of special training of employees of the Canal Zone (xovernment as authorized by law (5 ILS.C. 2301 et seq.); 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; maintaining and alternig facilities of other Government agencies in the Canal Zone for Canal Zone Government use; and payments of not to exceed $50 in any one case to persons within the (jox-ernment service who shall furnish blood for transfusions, $31,000,(K)0.

^^ Stat. 327.

CAP1TAI> OUTLAY

For acquisition of land and land under water and acquisition, construction, and replacement of improvements, fa<Mlities, stnictures, and equipment, as authorized by law (2 C.Z. Code» Sec. 2; 2 C.Z. Code, Sec. 371), including the puivlnise of not to exceed nine passenger motor vehicles for replacement only, of which eight are for policetype use without regard to the general purchase price limitation for the current fiscal year; improving facilities of other Government agencies in the Canal Zone for Cainil Zone Government use; and expenses incident to the retirement of such assets; $i),000,00, to remain available until expended: Provided. That notwithstanding the limitation under this head in the Second Supplemental Appropriation Act, 1961, appropriations for "capital outlay" ma\' be useil for expenses related to the constiiiction of quarters of DOII-U.S. citizen employees at a unit cost not exceeding $16,600.

76A Stat. 7, 26.

74 Stat. 827.

PANAMA CANAL COMPANY CORPORATION

The Panama Canal Company is hereby authorized to make such expenditures within the limits of funds and b^orrowing 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 pther Government agencies in the Canal Zone for Panama Canal Company use.

^^ ^*^*- 584.

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PUBLIC LAW 89-299-OCT. 28, 1965

[79 STAT.

I M I T A T I O N ON GENERAL AND ADMINISTRATIVE EXPENSES

68 Stat. 1114.

Not to exceed $11,000,000 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 on an accrual basis. Funds available to the Panama Canal Company for operating expenses shall be available for the purchase of not to exceed twenty-one passenger motor vehicles, of which eighteen are for replacement.only, including one light sedan at not to exceed $2,000, and for uniforms or allowances therefor, as authorized by the Act of September 1, 1954, as amended (5 U.S.C. 2131). GENERAL PROVISIONS—THE PANAMA

60 Stat. 810.

CANAL

The Governor of the Canal Zone is authorized to employ services as authorized by section 15 of the Act of August 2, 1946 (5 U.S.C. 55a), in an amount not exceeding $30,000: Provided, That the rates for individuals shall not exceed $100 per diem. Expenditures hereafter made for maintaining and operating the Thatcher Ferry Bridge and approaches thereto (including depreciation but not interest) shall be included and treated for all purposes as a cost of operating and maintaining the Panama Canal and its related facilities and appurtenances. TITLE II ~ DEPARTMENT OF THE INTEKIOR BUREAU OF RECLAMATION

43 USC 371

note

For carrying out the functions of the Bureau of Reclamation as provided in the Federal reclamation laws (Act of June 17, 1902, 32 Stat. 388, and Acts amendatory thereof or supplementary thereto) and other Acts applicable to that Bureau, as follows: GENER^^L I N V E S T I G A T I O N S

For engineering and economic investigations of proposed Federal reclamation projects and studies of water conservation and development plans and activities preliminary to the reconstruction, rehabilitation and betterment, financial adjustment, or extension of existing projects, including not to exceed $450,000 for investigations of projects in Alaska, to remain available until expended, $14,232,000, of which $12,847,000 shall be derived from the reclamation fund and $500,000 shall be derived from the Colorado River development fund: Provided, That none of this appropriation shall be used for more than one-half of the cost of an investigation requested by a State, municipality, or other interest: Provided further, That $405,000 of this appropriation shall be transferred to the United States Fish and Wildlife Service for studies, investigations, and reports thereon as required by 16 USC 66 1 note. ^^^ Yish. and Wildlife Coordination Act of 1958 (72 Stat. 563-565) to provide that wildlife conservation shall receive equal consideration and be coordinated with other features of water-resource development programs of the Bureau of Reclamation.

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 79 STAT. ]

PUBLIC LAW 89-299-OCT. 28, 1965 CONSTRUCTION A N D

REHABILITATION

For construction and rehabilitation of authorized reclamation projects or parts thereof (including power transmission facilities) and for other related activities, as authorized by law, to remain available until expended, $196,661,500 of which $90,000,000 shall be derived from the reclamation fund: Provided, That no part of this appropriation shall be used to initiate the construction of transmission facilities within those areas covered by power wheeling service contracts which include provision for service to Federal establishments and preferred customers, except those transmission facilities for which construction funds have been heretofore appropriated, those facilities which are necessary to carry out the terms of such contracts or those facilities for which the Secretary of the Interior finds the wheeling agency is unable or unwilling to provide for the integration of Federal projects or for service to a Federal establishment or preferred customer: Provided further, That the final point of discharge for the interceptor drain for the San Luis unit shall not he determined until (1) completion of a pollution study by the Department of Health, Education, and Welfare, (2) development of a plan to minimize any detrimental effect of the San Luis drainage waters on San Francisco Bay, and (3) agreement is reached by the Secretary with the State of California, subject to the approval of the President, limiting the Federal share of the costs of the drain to Antioch to not more than 60 per centum thereof, and if found necessary to extend the drain beyond Antioch, the Federal share of such extension shall be determined on the basis of an equitable apportionment of the additional costs between the Federal Government and the non-Federal entities who are to use the facilities: Provided further, That no funds shall be made available under this appropriation for the construction in Contra Costa County, California, of any portion of the interceptor drain in connection with the San Luis unit which terminates at any point east of Port Chicago: Provided further, That not to exceed $2,200,000 shall be available for construction of additional facilities associated with delivery of Colorado River water to Mexico, and to be nonreimbursable: Provided further, That not to exceed $450,000 shall be available for replacement of the Paradise Valley Diverson Dam on the Milk River project, Montana, with facilities to serve the lands of the Paradise Valley Irrigation District, to be repaid in full under terms and conditions satisfactory to the Secretary of the Interior. OPERATION AND

1101

MAINTENANCE

For operation and maintenance of reclamation projects or parts thereof and other facilities, as authorized by law; and for a soil and moisture conservation program on lands under the jurisdiction of the Bureau of Reclamation, pursuant to law, $41,305,000, of which $29,547,000 shall be derived from the reclamation fund and $1,629,000 ^hall be derived from the Colorado River Dam fund: Provided, That funds advanced by water users for operation and maintenance of reclamation projects or parts thereof shall be deposited to the credit of this appropriation and may be expended for the same objects and

San L u i s unit.

Federal share of c o s t s, limitation.

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PUBLIC LAW 89-29Q-OCT. 28, 1965

[79 STAT.

in the same manner as sums appropriated herein may be expended, and the unexpended balances of such advances shall be credited to the appropriation for the next succeeding fiscal year. LOAN PROGRAM

70 Stat. 1044.

43 USC 388.

For loans to irrigation districts and other public agencies for construction of distribution systems on authorized Federal reclamation projects, and for loans and grants to non-Federal agencies for construction of projects, as authorized by the Acts of July 4, 1955, as amended (43 U.S.C. 421a-421d), and August 6, 1956 (43 U.S.C. 422a-i22k), as amended (71 Stat. 48), including expenses necessary for carrying out the program, $13,495,000 to remain available until expended: Provided, That any contract under the Act of July 4, 1955 (69 Stat. 244), as amended, not yet executed by the Secretary, which calls for the making of loans beyond the fiscal year in which the contract is entered into shall be made only on the same conditions as those prescribed in section 12 of the Act of August 4, 1939 (53 Stat. 1187, 1197). UPPER COLORADO RIVER STORAGE PROJECT

70 stst. 107.

43 USC 62og.

For the Upper Colorado River Storage Project, as authorized by the Act of April 11, 1956 (43 U.S.C. 620d), to remain available until expended, $48,011,500, of which $43,528,000 shall be available for the "Upper Colorado River Basin F u n d " authorized by section 5 of said Act of April 11, 1956, and $4,483,500 shall be available for construction of recreational and fish and wildlife facilities authorized by section 8 thereof, and may be expended by bureaus of the Department through or in cooperation with State or other Federal agencies, and advances to such Federal agencies are hereby authorized: Provided, That no part of the funds herein appropriated shall be available for construction or operation of facilities to prevent waters of Lake Powell from entering any National Monument: Provided further, That $163,000 of the funds herein appropriated for the Upper Colorado River Basin F u n d shall be available for operation of the Page. Arizona, Accommodation School, and to be nonreimbursable and uonreturnable. GENERAL ADMINISTRATIVE EXPENSES

59 Stat. 54.

For necessary expenses of general administration and related functions in the offices of the Commissioner of Reclamation and in the regional offices of the Bureau of Reclamation, $10,775,000, to be derived from the reclamation fund and to be nonreimbursable pursuant to the Act of April 19, 1945 (43 U.S.C. 377): Provided, That no part of any other appropriation in this Act shall be available for activities or functions budgeted for the current fiscal year as general administrative expenses. SPECIAL F O N D S

32 Stat. 388. 45 Stat. 1057. 54 Stat. 774.

Sums herein referi-ed to as being derived from the reclamation fund, the Colorado River Dam fund, or the Colorado River development fund, are appropriated from the special funds in the Treasury e l a t e d by the Act of June 17, 1902 (43 U.S.C. 391), the Act of December 21, 1928 (43 U.S.C. 617a), and the Act of July 19, 1940 (43 U.S.C. 618a), Tcspectively. Such sums shall be transferred, upon request of the Secretary, to be merged with and exi^ended under the heads herein specified: and the unexpended balances of sums transferred for

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PUBLIC LAW 89-299-OCT. 28, 1965

1103

expenditure under the heads "Operation and Maintenance'" and "General Administrative Expenses" shall revert and be credited to the special fund from which derived. ADMINISTRATIVE

PROVISIONS

Appropriations to the Bureau of Reclamation shall be available for purchase of not to exceed forty-nine passenger motor vehicles for replacement only; purchase of one aircraft; payment of claims for damage to or loss of property, personal injury, or death arising out of activities of the Bureau of Reclamation; payment, except as otherv^ise provided for, of compensation and expense of persons on the rolls of the Bureau of Reclamation appointed as authorized by law to represent the United States in the negotiation and administration of interstate compacts without reimbursement or return under the reclamation laws; rewards for information or evidence concerning violations of law involving property under the jurisdiction of the Bureau of Reclamation; performance of the functions specified under the head "Operation and Maintenance Administration, Bureau of Reclamation, in the Interior Department Appropriation Act, 1945; preparation and dissemination of useful information including recordings, photographs, and photographic prints; and studies of recreational uses of reservoir areas, and investigation and recovery of archeological and paleontological remains in such areas in the same manner as provided for in the Act of August 21, 1935 (16 U.S.C. 461-467): Provided, That no part of any appropriation made herein shall be available pursuant to the Act of April 19, 1945 (43 U.S.C. 377), for expenses other than those incurred on behalf of specific reclamation projects except "General Administrative Expenses" and amounts provided for reconnaissance, basin surveys, and general engineering and research under the head "General Investigations". Allotments to the Missouri River Basin project from the appropriation under the head "Construction and Rehabilitation" shall be available additionally for said project for those functions of the Bureau of Reclamation provided for under the head "General Investigations" (but this authorization shall not preclude use of the appropriation under said head within that area), and for the continuation of investigations by agencies of the Department on a general plan for the development of the Missouri River Basin. Such allotments may be expended through or in cooperation with State and other Federal agencies, and advances to such agencies are hereby authorized. Sums appropriated herein which are expended in the performance of reimbursable functions of the Bureau of Reclamation shall be returnable to the extent and in the. manner provided by law: Provided, That net revenues not to exceed an additional $88,000 to the amount authorized in the Public Works Appropriation Act, 1964 (77 Stat. 850) arising from the lease of grazing and agricultural lands within the Tule Lake and Lower Klamath Lake Divisions as determined by the Secretary may be credited to the cost heretofore and hereafter incurred for the Klamath project water rights program, notwithstanding the provisions of section 2(c) of the Act of June 17, 1944, and sections 2(a), 2 (b), and 2(c) of the Act of August 1, 1956. No part of any appropriation for the Bureau of Reclamation, contained in this Act or in any prior Act, which represents amounts earned under the terms of a contract but remaining unpaid, shall be obligated for any other purpose, regardless of when such amounts are to be paid: Provided, That the incurring of any obligation prohibited by this paragraph shall be deemed a violation of section 3679 of the Revised Statutes, as amended (31 U.S.C. 665).

^^ ^^^^' "^s?.

^9 Stat. eee. ^^ ^'^'- ^'^

%^^^^%^^^' 43 USC 612 and n°t«-

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Page:United States Statutes at Large Volume 79.djvu/1144

 1104

PUBLIC LAW 89-299-OCT. 28, 1965

[79 STAT.

No funds appropriated to the Bureau of Reclamation for operation and maintenance, except those derived from advances by water users, shall be used for the particular benefits of lands (a) within the boundaries of an irrigation district, (b) of any member of a water users' organization, or (c) of any individual when such district, organization, or individual is in arrears for more than twelve months in the payment of charges due under a contract entered into with the United States pursuant to laws administered by the Bureau of Reclamation. Not to exceed $225,000 may be expended from the appropriation "Construction and Rehabilitation" for work by force account on any one project or Missouri Basin unit and then only when such work is unsuitable for contract or no acceptable bid has been received and, other than otherwise provided in this paragraph or as may be necessary to meet local emergencies, not to exceed 12 per centum of the construction allotment for any project from the appropriation "Construction and rehabilitation" contained in this Act shall be available for construction work by force account: Provided, That this paragraph shall not apply to w,ork performed under the Rehabilitation 43 USC 504 and ^ud Betterment Act of 1949 (63 Stat. 724). note.

^

'

BONNEVILLE POWER ADMINISTRATION CONSTRUCTION

For construction and acquisition of transmission lines, substations, and appurtenant facilities, as authorized by law, and purchase of one aircraft, $97,777,000, to remain available until expended: Provided, That the Bonneville Power Administration shall not supply power directly, or indirectly through any preference customer, to any phosphorous electric furnace plant in southern Idaho, Utah, or Wyoming. OPERATION AND MAINTENANCE

For necessary expenses of operation and maintenance of the Bonneville transmission system and of marketing electric power and energy, $15,988,000. ADMINISTRATIVE

PROVISIONS

Appropriations of the Bonneville Power Administration shall be available to carry out all the duties imposed upon the Administrator pursuant to law. Appropriations made herein to the Bonneville Power Administration shall be available in one fund, except that the appropriation herein made for operation and maintenance shall be available only for the service of the current fiscal year. Other than as may be necessary to meet local emergencies, not to exceed 12 per centum of the appropriation for construction herein made for the Bonneville Power Administration shall be available for construction work by force account or on a hired-labor basis. SOUTHEASTERN POWER ADMINISTRATION OPERATION A N D

58 Stat. 890.

MAINTENANCE

For necessary expenses of operation and maintenance of power transmission facilities and of marketing electric power and energy pursuant to the provisions of section 5 of the Flood Control Act of 1944 (16 U.S.C. 825s), as applied to the southeastern power area, $1,000,000.

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Page:Ecclesiastical History of Eusebius Pamphilus, 1842.djvu/291

 and boldly asserted that they had never before been Christians. Concerning whom the declaration of our Lord is most true, that they will scarcely be saved. Of the rest, some followed the one or the other of the preceding; some fled, others were taken, and of these some held out as far as the prison and bonds, and some after a few days imprisonment abjured (Christianity) before they entered the tribunal. But some, also, after enduring the torture for a time, at last renounced. Others, however, firm and blessed pillars of the Lord, confirmed by the Lord himself, and receiving in themselves strength and power, suited and proportioned to their faith, became admirable witnesses of his kingdom.

The first of these was Julian, a man afflicted with the gout, neither able to walk nor stand, who, with two others that carried him, was arraigned. Of these, the one immediately denied, but the other, named Cronion, surnamed Eunus, and the aged Julian himself, having confessed the Lord, was carried on camels throughout the whole city, a very large one as you know, and in this elevation were scourged, and finally consumed in an immense fire, surrounded by the thronging crowds of spectators. But a soldier, whose name was Besas, standing near them, who had opposed the insolence of the multitude, whilst they were led away to execution, was himself assailed with their loud vociferations, and thus this brave soldier of God, after he had excelled in the great conflict of piety, was beheaded. Another, who was a Lybian by birth, but both in name and blessedness a Macar (blessed), after much solicitation from the judge to have him renounce, still remaining inflexible, was burnt alive. After these, Epimachus and Alexander, who had continued for a long time in prison, enduring innumerable suflering from the scourges and scrapers, were also destroyed in an immense fire. With these there were also


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Page:United States Statutes at Large Volume 79.djvu/1145

 79 STAT. ]

PUBLIC LAW 89-299-OCT. 28, 1965

1105

SOUTHWESTERN POWER ADMINISTRATION CONSTRUCTION

For construction and acquisition of transmission lines, substations, and appurtenant facilities, and for administrative expenses connected therewith, in carrying out the provisions of section 5 of the Flood Control Act of 1944 (16 U.S.C. 825s), as applied to the southwestern power area, $1,700,000, to remain available until expended.

58 Stat. 890.

OPERATION AND MAINTENANCE

For necessary expenses of operation and maintenance of power transmission facilities and of marketing electric power and energy pursuant to the provisions of section 5 of the Flood Control Act of 1944 (16 U.S.C. 825s), as applied to the southwestern power area, including purchase of not to exceed five passenger motor vehicles, for replacement only, $1,800,000. CONTINUING FUND

Not to exceed $4,000,000 shall be available during the current fiscal year from the continuing fund for all costs in connection with the purchase of electric power and energy, and rentals for the use of transmission facilities. GENERAL PROVISIONS—DEPARTMENT OF THE INTERIOR Emergency conSEC. 201. Appropriations in this title shall be available for expendi- struction. ture or transfer (within each bureau or office), with the approval of the Secretary, for the emergency reconstruction, replacement or repair of aircraft, buildings, utilities, or other facilities or equipment damaged or destroyed by fire, flood, storm, or other unavoidable causes: Provided, That no funds shall be made available under this authority until funds specifically made available to the Department of the Interior for emergencies shall have been exhausted. SEC. 202. The Secretary may authorize the expenditure or transfer F i r e prevention. (within each bureau or office) of any appropriation in this title, in addition to the amounts included in the budget programs of the several agencies, for the suppression or emergency prevention of forest or range fires on or threatening lands under jurisdiction of the Department of the Interior. SEC. 203. Appropriations in this title shall be available for operation wOperations,ofe t c. arehouse of warehouses, garages, shops, and similar facilities, wherever consolidation of activities will contribute to efficiency or economy, and said appropriations! shall be reimbursed for services rendered to any other activity in the same manner as authorized by the Act of June 30, 1932 (31 U.S.C. 686): Provided, That reimbursements for costs ^^ Stat. 417. of supplies, materials and equipment, and for services rendered may be credited to the appropriation current at the time such reimbursements are received. SEC. 204. No part of any funds made available by this Act to the po°eJ'Administra Southwestern Power Administration may be made available to any tion.^fund"'"'^ "^ ^ other agency, bureau, or office for any purposes other than for services rendered pursuant to law to the Southwestern Power Administration.

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Page:United States Statutes at Large Volume 79.djvu/1146

 1106

PUBLIC LAW 89-299-OCT. 28, 1965

[79 STAT.

TITLE III — A TO M I C E N E R G Y COMMISSION OPERATING EXPENSES 68 Stat. 919. 42 USC 2011

note. " 60 Stat. 810.

69 Stat. 471.

For necessary operating expenses of the Commission in carrying out the purposes of the Atomic Energy Act of 1954, as amended, including the employment of aliens; services authorized by section 15 of the Act of August 2, 1946 (5 U.S.C. o5a); hire, maintenance and operation of aircraft; publication and dissemination of atomic information; purchase, repair and cleaning of uniforms; official entertainment expenses (not to exceed $30,000); reimbursement of the General Services Administration for security guard services; hire of passenger motor vehicles; $2,121,900,000, and any mone^^s (except sums received from disposal of property under the Atomic Energy Community Act of 1955, as amended, ^(42 U.S.C. 2301)) received by the Commission, notwithstanding the provisions of section 3617 of the Revised Statutes (31 U.S.C. 484), to remain available until expended: Provided, That of such amount $100,000 may be expended for objects of a confidential nature and in any such case the certificate of the (commission as to the amount of the expenditure and that it is deemed inadvisable to specify the nature thereof shall be deemed a sufficient voucher for the sum therem expressed to have been expended: Provided further. That from this appropriation transfers of sums may be made to other agencies of the Government for the performance of the work for which this appropriation is made, and in such cases the sums so transferred may be merged with the appropriation to which transferred: Provided further, That no part of this appropriation shall be used in connection with the payment of a fixed fee to any contractor or firm of contractors engaged under a cost-plus-a-fixed-fee (contract or contracts at any installation of the Commission, where that fee for community management is at a rate in excess of $90,000 per annum, or for the operation of a transportation sj^stem where that fee is at a rate in excess of $45,000 per annum. P L A N T AND CAPITAL EQVIJ'MENT

For expenses of the Commission, as authorized by law, in connection with the purchase and construction of plant and the acquisition of capital equipment and other expenses incidental thereto necessary in carrying out the purposes of the Atomi(* Energy Act of 1954, as amended, including the acquisition or condemnation of any real property or any facility or for plant or facility acquisition, construction, or expansion; purchase of not to exceed five hundred and fifty-nine, of which four hundred and twenty-three are for replacement only, and hire of passenger motor vehicles; and purchase of three aircraft; $243,995,000, to remain available until expended. GENERAL PROVISIONS Procurement of materials, etc.

Any appropriation available to the Atomic Energy Commission may initially be used subject to limitations in this Act during the fiscal year 1966 to finance the pi-ocurement of materials, services, or other costs which are a part of work or activities for which funds have been provided in any other appropriation available to the Commission: Provided, That appropriate transfers or adjustments between sudi appropriations shall suDsequently be made for such costs on the basis of actual application determined in accordance with generally accepted accounting principles.

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Page:United States Statutes at Large Volume 79.djvu/1147

 79 STAT. ]

PUBLIC LAW 89-299-OCT. 28, 1965

Not to exceed 5 per centum of appropriations made available for the fiscal year 1966 for "Operating expenses" and "Plant and capital equipment" may be transferred between such appropriations, but neither such appropriation, except as otherwise provided herein, shall be increased by more than 5 per centum by any such transfers, and any such transfers shall be reported promptly to the Appropriations Committees of the House and Senate. No part of any appropriation herein shall be used to confer a fellowship on any person who advocates or who is a member of an organization or party that advocates the overthrow of the Government of the United States by force or violence or with respect to whom the Commission finds, upon investigation and report by the Civil Service Commission on the character, associations, and loyalty of whom, that reasonable grounds exist for belief that such person is disloyal to the Government of the United States: Provided, That any person who advocates or who is a member of an organization or party that advocates the overthrow of the Government of the United States by force or violence and accepts employment or a fellowship the salary, wages, stipend, grant, or expenses for which are paid from any appropriation contained herein shall be guilty of a felony and, upon conviction, shall be fined not more than $1,000 or imprisoned for not more than one year, or both: Provided further, That the above penal clause shall be in addition to, and not in substitution for, any other provisions of existing law.

1107 Transfer of funds. Reports to congressional committees.

Restriction on fellowships.

Penalty.

TITLE IV—INDEPENDENT OFFICES SAINT LAWRENCE SEAWAY DEVELOPMENT CORPORATION

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.

61 Stat. 584. 31 USC 849.

LIMITATION ON ADMINISTRATIVE EXPENSES, SAINT LAWRENCE SEAWAY DEVELOPMENT CORPORATION

Not to exceed $490,000 shall be available for administrative expenses which shall be computed on an accrual basis, including not to exceed $4,000 for official entertainment expenses to be expended upon the approval or authority of the Administrator, hire of passenger motor vehicles, uniforms or allowances therefor for OT)eration and maintenance personnel, as authorized by law (5 U.S.C. 2131), and services as authorized by section 15 of the Act of August 2, 1946 (5 U.S.C. 55a), at rates for individuals not to exceed $100 per day: Provided, That not to exceed $5,000 may be expended for services of individuals employed at rates in excess of $50 per day.

68 Stat. 1114. 60 Stat. 810.

TENNESSEE VALLEY AUTHORITY PAYMENT TO TENNESSEE VALLEY AUTHORITY FUND

For the purpose of carrying out the provisions of the Tennessee Valley Authority Act of 1933, as amended (16 U.S.C. ch. 12A), including hire, maintenance, and operation of aircraft, and purchase (not to exceed two hundred and seventy-five of which two hundred

48 Stat. 58. 16 USC 831.

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Page:United States Statutes at Large Volume 79.djvu/1148

 1108

PUBLIC LAW 89-299-OCT. 28, 1965

[79 STAT.

and sixty shall be for replacement only) and hire of passenger motor vehicles, $59,347,000, to remain available until expended. DELAWARE RIVER BASIN COMMISSION SALARIES AND EXPENSES

For expenses necessary to carry out the functions of the United States member of the Delaware River Basin Commission, as authorized by law (75 Stat. 716), $44,000. CONTRIBUTION TO DELAWARE RIVER BASIN COMMISSION

For payment of the United States share of the current expenses of the Delaware River Basin Commission, as authorized by law (75 Stat. 706, 707), $96,000. HOUSING AND HOME FINANCE AGENCY OFFICE OF THE ADMINISTRATIVE

76 Stat. 541.

ADMINISTRATOR

EXPENSES, PUBLIC WORKS

ACCELERATION

For administrative expenses necessary to carry out the functions of the Administrator in connection with the Public Works Acceleration Act (42 U.S.C. 2641-2643), $500,000. INTEROCEANIC CANAL COMMISSION SALARIES AND EXPENSES

For expenses necessary for an investigation and study, including surveys, to determine the feasibility of, and the most suitable site for construction of a sea-level canal connecting the Atlantic and Pacific Oceans, $7,000,000. TITLE V—GENERAL PROVISIONS DEPARTMENTS, AGENCIES, AND CORPORATIONS Purchase of motor vehicles. 60 Stat. 810.

Compensation payments. Citizenship status requirement.

SEC. 501. Unless otherwise specifically provided, the maximum amount allowable during the current fiscal year in accordance with section 16 of the Act of August 2, 1946 (5 U.S.C. 78), for the purchase of any passenger motor vehicle (exclusive of buses and ambulances), is hereby fixed at $1,500 except station wagons for which the maximum shall,be $1,950. SEC. 502. Unless otherwise specified and during the current fiscal year, no part of any appropriation contained in this or any other Act shall be used to pay the compensation of any officer or employee of the Government of the United States (including any agency the majority of the stock of which is owned by the Government of the United States) whose post of duty is in continental United States unless such person (1) is a citizen of the United States, (2) is a person in the service of the United States on the date of enactment of this Act, who, being eligible for citizenship, had filed a declaration of intention to become a citizen of the United States prior to such date, (3) is a person who owes allegiance to the United States, or (4) is an alien from Poland or the Baltic countries lawfully admitted to the United States for permanent residence: Provided, That for the purpose of this section, an affidavit signed by any such person shall

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Page:United States Statutes at Large Volume 79.djvu/1149

 79 STAT.]

PUBLIC LAW 89-29^0CT. 28, 1965

1109

be considered prima facie evidence that the requirements of this section with respect to his status have been complied with: Provided Penalty. further, That any person making a false affidavit shall be guilty of a felon;)/^, and, upon conviction, shall be fined not more than $4,000 or imprisoned for not more than one year, or both: Provided further, That the above penal clause shall be in addition to, and not in substitution for, any other provisions of existing law: Provided further, That any payment made to any officer or employee contrary to the provisions of this section shall be recoverable in action by the Federal Government. This section shall not apply to citizens of the Republic Exceptions. of the Philippines or to nationals of those countries allied with the United States in the current defense effort, or to temporary employment of translators, or to temporary employment in the field service (not to exceed sixty days) as a result of emergencies. Quarters SEC. 508. Appropriations of the executive departments and inde- nces, etc, allowpendent establishments for the current fiscal year, available for expenses of travel or for the expenses of the activity concerned, are hereby made available for quarters allowances and cost-of-living allowances, in accordance with title II of the Act of September 6, 1960 5 USC 3033(74 Stat. 793). SEC. 504. No part of any appropriation for the curfent fiscal year 3038. contained in this or any other Act shall be paid to any person for the filling of any position for which he or she has been nominated after the Senate has voted not to approve the nomination of said person. U.S. Code, SEC. 505. No part of any appropriation contained in this or any notated, etc., Another Act for the current fiscal year shall be used to pay in excess of price limitation. $4 per volume for the current and future volumes of the United States Code, Annotated, and such volumes shall be purchased on condition and with the understanding that latest published cumulative annual pocket parts issued prior to the date of purchase shall be furnished free of charge, or in excess of $4.25 \y%v volume for the current or future volumes of the Lifetime Federal Digest, or in excess of $6.50 per volume for the current or future volumes of the Modern Federal Practice Digest. SEC. 506. Funds made available by this or any other Act for admiur istrative expenses in the current fiscal year of the corporations and agencies subject to the (xovernment Corporation Control Act, as amended (31 U.S.C. 841), shall be available, in addition to objects 59 Stat. 597. for which such funds are otherwise available, for rent in the District of Columbia; services in accordance with section 15 of the Act of August 2, 1946 (5 U.S.C. 55a): and the objects specified under this 60 Stat. 810. head, all the provisions of which shall be applicable to the expenditure of such funds unless otherwise specified in the Act by which they are made available: Provided, That in the event any functions budgeted as administrative expenses are subsequently transferred to or paid from other funds, the limitations on administrative expenses shall be correspondingly reduced. SEC. 507. Pursuant to section 1415 of the Act of July 15, 1952 (66 Foreign credits, Stat. 662), foreign credits (including currencies) owed to or owned se. u s e 724. 31 by the United States may be used by Federal agencies for any purpose for which appropriations are made for the current fiscal year (including the carrying out of Acts requiring or authorizing the use of such credits), only when reimbursement therefor is made to the Treasury from applicable appropriations of the agency <'oncerned: Provided. That such credits receixed as exchange allowances or proceeds of sales of personal property may be used in whole or part payment for acquisition of similar items, to the extent and in the manner authorized by law, without reimbursement to the Treasury.

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Page:United States Statutes at Large Volume 79.djvu/1150

 1110

Publicity or propaganda.

Short title.

PUBLIC LAW 89-300-OCT. 28, 1965

[79 STAT.

SEC. 508. During the current fiscal year, any foreign currencies held by the United States which have been or may be reserved or set aside for specified programs or activities of any agency may be carried on the books of the Treasury in unfunded accounts. SEC. 509. No part of any appropriation contained in this or any other Act, or of the funds available for expenditure by any corporation or agency, shall be used for f)ublicity or propaganda purposes designed to support or defeat legislation pending before Congress. This Act may be cited as the "Public Works Appropriation Act, 1966". Approved October 28, 1965.

Public Law 89-300 October 28, 1965 [H. R. 5167]

Veterans Administration. 72 Stat. 1116. 38 USC 230-235.

63 Stat. 62; 73 Stat. 471.

AN ACT To amend title 38 of the United States Code to authorize the administrative settlement of tort claims arising in foreign countries, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That (a) subchapter III of chapter 3 of title 38, United States Code, is amended by adding a new section 236 as follows: countries "The Administrator may pay tort claims, in the manner authorized in the first paragraph of section 2672 of title 28, when such claims arise in foreign countries in connection with Veterans' Administration operations abroad. A claim may not be allowed under this siection unless it is presented in writing to the Administrator or his designee within two years after the claim accrues." (b) The analysis of chapter 3 of such title 38, is amended by adding at the end thereof the following: "236. Administrative settlement of tort claims arising in foreign countries."
 * § 236. Administrative settlement of tort claims arising in foreign

Employee benefits. 73 Stat. 265.

76 Stat. 927. 74 Stat. 80 1. 60 Stat. 1026. 74 Stat. 847. 60 Stat. 10 28; 75 Stat. 464. 70 Stat. 706.

(c) Section 235 of title 38, United States Code, is amended to read as follows: "The Administrator may, under such rules and regulations as may be prescribed by the President or his designee, provide to personnel of the Veterans' Administration who are United States citizens and are assigned by the Administrator to the Veterans' Administration offices in the Republic of the Philippines or to the Veterans' Administration office in Europe, established pursuant to section 230(c) of this title, allowances and benefits similar to those provided by the following provisions of law: "(1) Section 1131 of title 22 (relating to allowances to provide for the proper representation of the United States). "(2) Section 1136(1), (2), (3), (4), (5), and (7) of title 22 (relating to travel expenses). "(3) Section 1138 of title 22 (relating to transportation of automobiles). "(4) Section 1148 of title 22 (relating to the return of personnel to the United States on leave of absence). "(5) Section 1156 of title 22 (relating to payments by the U n i t ^ States of expenses for treating illness or injury of officers or employees and dependents requiring hospitalization). "The foregoing authority supplements, but is not in lieu of, other allowances and benefits for overseas employees of the Veterans Administration provided by titles 5 and 22."

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Page:United States Statutes at Large Volume 79.djvu/1151

 PUBLIC LAW 89-301-OCT. 29, 1965

79 STAT. J

1111

(d) All delegations of authority, orders, regulations, directives, or other official actions, with respect to the benefits and allowances provided by such section 235 of title 38, United States Code, shall continue in full force and effect until modified, amended, superseded, or revoked. Approved October 28, 1965.

Public Law 89-301 AN ACT

To adjust the rates of basic compensation of certain officers and employees of the Federal Government, and for other purposes.

October 29, 1965

[H. R. 10231]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Federal Employees Salary Act of 1965". E M P L O Y E E S S U B J E C T TO CLASSIFICATION ACT OF

1949

SEC. 2. (a) Section 603(b) of the Classification Act of 1949, as ^e^^s^^iTr ^S^t^of' amended (78 Stat. 400; 5 U.S.C. 1113(b)), is amended to read as tges.^ ^^ "^ follows: " (b) The conipejisation schedule for the General Schedule shall be HS follows: Per annum rates and steps

"Grade 1 (iS-1 G8-2 QS-3 GS-4GS-5GS-6 GS-7 GS-8 GS-9GS-10 GS-U.... GS-12 GS-13 GS-14 GS-15 GS-16 GS-17 GS-18

2

3

4

5

6

7

$3,507 3,814 4,149 4,641 5,181 5,702 6,269 6,869 7,479 8,184 8,961 10,619 12,510 14,680 17,056 19,619 22,217 25,382

$3,626 3,943 4,289 4,797 5,352 5,894 6,476 7,097 7,733 8,464 9,267 10,987 12,945 15,188 17,645 20,297 22,994

$3,745 4,072 4,429 4,953 5,523 6,086 6,683 7,325 7,987 8,744 9,573 11,355 13,380 15,696 18,235 20,975 23,771

$3,864 4,201 4,569 5,109 5,694 6,278 6,890 7,553 8,241 9,024 9,879 11,723 13,815 16,204 18,825 21,653 24,548

$3,983 4,330 4,709 5,265 5,865 6,470 7,097 7,781 8,495 9,304 10,185 12,091 14,250 16, 712 19,415 22,331 25,325

$4,102 4,459 4,849 5,421 6,036 6,662 7,304 8,009 8,749 9,584 10,491 12,459 14,685 17,220 20,005 23,009

$4,221 4,588 4,989 5,577 6,207 6,854 7,511 8,237 9,003 9,864 10,797 12,827 15,120 17,728 20,595 23,687

8

9

$4,340 $4,459 4,717 4,846 5,129 6,269 5,7335,889 6,378 6,649 7,046 7,238 7,718 7,925 8,465 8,693 9,257 9,511 10,144 10,424 11,103 11,409 13.195 13,563 15,556 16,990 18,236 18,744 21,185 21, 776 24,365 26,043

10 $4,578 4,975 5,409 6,045 6,720 7,430 8,132 8,921 9.765 10,704 11,715 13,931 16,425 19,262 22,365

> >

(b) Except as provided in section 504(d) of the Federal Salary Reform Act of 1962 (78 Stat. 412; 5 U.S.C. 1173(d)), the r a t ^ of basic compensation of officer's and employees to whom the compensaUon schedule set forth in subsection (a) of this section applies shall l>e initially adjusted as of the effective date of this section, as follows: (1) If the officer or employee is receiving basic compensation iuimediately prior to the effective date of this section at one of the rates of a grade in the General Schedule of the Classification Act of 1949, as amended, he shall ret^-eive a rate of basic compensation at the corresponding rate in effect on and after such date. (2) If the officer or employee is receiving basic compensation inunediately prior to the effet^tive date of this section at a rate between two rates of a grade in the General Schedule of the (Classification Act of 1949, as amended, he shall receive a rate of basic compensation at the higher of the two^ori^esponding rates in effect on and after such date.

Adjustment rates.

78 Stat. 400.

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