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Page:United States Statutes at Large Volume 98 Part 2.djvu/1227

 PUBLIC LAW 98-511—OCT. 19, 1984

98 STAT. 2387

Council on Bilingual Education composed of twenty members appointed by the Secretary, one of whom shall be designated by the Secretary as Chairman. Members of the Council shall be persons experienced in dealing with the educational problems of children and other persons who are of limited English proficiency. Five members of the Council shall be State directors of bilingual education programs, at least three of whom shall represent States with large populations of limited English proficient students. Two members of the Council shall be experienced in research on bilingual education or evaluation of bilingual education programs. One member of the Council shall be experienced in research on methods of alternative instruction for language minority students or evaluation of alternative methods of instruction for such students. One member of the council shall be a classroom teacher of demonstrated teaching abilities using bilingual methods and techniques. One member of the Council shall be a classroom teacher of demonstrated teaching abilities using alternative instructional methods and techniques. One member of the Council shall be experienced in the training of teachers for programs of bilingual education. One member of the Council shall be experienced in the training of teachers for programs of alternative instruction. Two members of the Council shall be parents of students whose language is other than English, and one member of the Council shall be an officer of a professional organization representing bilingual education personnel. The members of the Council shall be appointed in such a way as to be generally representative of the significant segments of the population of persons of limited English proficiency and the geographic areas in which they reside. Subject to section 448(b) of the General Education Provisions Act, the Council shall continue to exist until October 1, 1988. "(b) The Council shall meet at the call of the Chairman, but, notwithstanding the provisions of section 446(a) of the General Education Provisions Act, not less often than four times in each year. "(c) The Council shall advise the Secretary in the preparation of general regulations and with respect to policy matters arising in the administration and operation of this title, including the development of criteria for approval of applications and plans under this title, and in the administration and operation of other programs for persons of limited English proficiency. The Council shall prepare and, not later than March 31 of each year, submit a report to the Congress and the President on the condition of bilingual education in the Nation and on the administration and operation of this title, including those items specified in section 751(c), and the administration and operation of other programs for persons of limited English proficiency. "(d) The Secretary shall procure temporary and intermittent services of such personnel as are necessary for the conduct of the functions of the Council, in accordance with section 445 of the General Education Provisions Act, and shall make available to the Council such staff, information, and other assistance as it may require to carry out its activities effectively.".

20 USC I233g.

20 USC I233e.

Report.

^"^^' P- 2385.

20 USC I233d.

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 98 STAT. 2388

PUBLIC LAW 98-511—OCT. 19, 1984 TITLE III—AMENDMENTS TO FEDERAL IMPACT AID LAWS GENERAL EXTENSIONS OF AUTHORIZATIONS

20 USC 237,238, ^39, 241-1.

SEC. 301. (a)(1) The Act of September 30, 1950 (Public Law 874, Eighty-first Congress; 20 U.S.C. 236) is amended by striking o u t "October 1, 1983" each place it a p p e a r s in sections 2(a), 3(b), 4(a), and 7(a)(1) and inserting in lieu thereof "October 1, 1988". (2) Section 3(d)(2)(E) of such Act is amended— (A) by striking out "fiscal year 1983 or 1984" in division (ii) and inserting in lieu thereof "any of the fiscal years 1983 through 1988"; and (B) by striking o u t division (iii). (3) Section 3(c)(2)(A) of such Act is amended — (A) by striking o u t division (i); and (B) by redesignating divisions (ii) and (iii) a s divisions (i) and (ii), respectively. 20 USC 631 (4)(A) Section 504 of the O m n i b u s Education Reconciliation Act of ''°^1981 is repealed. 20 USC 237 (g) Section 505(a)(1) of such Act is amended by striking o u t the ^° ^' first sentence and inserting in lieu thereof the following: "The total amount of appropriations to make payments under the Act of 20 USC 236 September 30, 1950 (Public Law 874, 81st Congress) shall not exceed note. $740,000,000 for fiscal year 1985, $760,000,000 for fiscal year 1986, $780,000,000 for fiscal year 1987, and $800,000,000 for fiscal year 1988.". 20 USC 237 (C) Subsections (a)(3) and (b) of section 505 of such Act are each note, 238 note. amended by striking out "1982, 1983, 1984, or 1985" and inserting in lieu thereof "1985, 1986, 1987, or 1988". (b) The Act of September 23, 1950 (Public Law 815, Eighty-first Congress; 20 U.S.C. 631) is amended— 20 USC 633. (1) by striking out "September 30, 1983" in section 3 and inserting in lieu thereof "September 30, 1988"; and 20 USC 646. (2) by striking out "October 1, 1983" in section 16(a)(1)(A) and inserting in lieu thereof "October 1, 1988". COLLECTION OF OVERPAYMENTS

20 USC 240 "°^®

SEC. 302. In the case of any local educational agency which the Secretary of Education determines has received, for any fiscal year after fiscal year 1976, an overpayment under section 2 of the Act of September 30, 1950 (20 U.S.C. 237) as a consequence of a recomputation of need based on revised data, the Secretary shall not require more than 10 percent of the amount of the overpayment to be repaid (or deducted from current payments) in any fiscal year. AMENDMENTS TO IMPACT AID PROGRAM

20 USC 238.

SEC. 303. (a)(1) Section 3(d)(2)(B) of the Act of September 30, 1950 (Public Law 874, Eighty-first Congress) is amended by inserting at the end thereof the following new sentence: "In carrying out the provisions of this subparagraph, the Secretary shall not prorate the amounts computed under this subparagraph attributable to the number of children determined under subsection (a) or (b), or both.". (2)(A) The second sentence of section 3(d)(2)(B) of such Act is amended by striking out "The" and inserting in lieu thereof "Subject to the provisions of subsection (h) of this section, the".

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


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 PUBLIC LAW 98-511—OCT. 19, 1984

98 STAT. 2389

(B) Section 3 of such Act is amended by adding at the end thereof the following new subsection:

20 USC 238.

SPECIAL PROVISIONS

"(h) Any local educational agency for which the boundaries of the school district of such agency are coterminous with the boundaries of a military installation and which is not eligible to receive payments under subsection (d)(2)(B) shall receive 100 percent of the amounts to which such agency is entitled under subsection (a) of this section.". (b)(1) The last two sentences of section 5(c) of the Act of September 30, 1950 (Public Law 874, Eighty-first Congress) (as added by section 23 of Public Law 98-211 (97 Stat. 1419)) are redesignated as subsection (h) of section 5 of that Act. (2) The amendment made by paragraph (1) of this subsection shall be effective December 8, 1983. TITLE IV—WOMEN'S EDUCATIONAL EQUITY SHORT TITLE; CONFORMING AMENDMENT

SEC. 401. (a) This title may be cited as the "Women's Educational Equity Amendments of 1984. (b) The Women's Educational Equity Act of 1978 (20 U.S.C. 3341 et seq.), hereafter in this title referred to as "the Act", is amended by striking out "Commissioner" each place it appears and inserting in lieu thereof "Secretary of Education".

20 USC 240.

Effective date. 20 USC 240 note. Women's Educational Equity Amendments of 1984. 20 USC 2701 note. 20 USC 3342 et seq.

FINDINGS AND PURPOSE

SEC. 402. (a) Section 931(b)(1) of the Act is amended by adding at the end thereof the following: "The Congress finds and declares that excellence in education cannot be achieved without equity for women and girls.". (b) Section 9310t))(2) of the Act is amended by adding at the end thereof the following: "It is also the purpose of this part to provide educational equity for women and girls who suffer multiple discrimination, bias, or stereotyping based on sex and on race, ethnic origin, disability, or age.".

20 USC 3341.

GRANT AND CONTRACT AUTHORITY

SEC. 403. (a) Section 932(a) of the Act is amended by adding at the end thereof the following: "The Secretary shall ensure that at least 1 grant or contract is available during each fiscal year for the performance of each of the activities described in paragraph (1) of this subsection.". (b) Section 932(b) of the Act is amended— (1) by striking out "$15,000,000" each place it appears and inserting in lieu thereof "$6,000,000"; (2) by striking out "shall be used" and all that follows in the second sentence and inserting in lieu thereof "may be used to support new activities described in paragraph (1) or to support activities described in paragraph (2), or both..

20 USC 3342.

CHALLENGE GRANTS

SEC. 404. Section 934 of the Act is amended to read as follows:

20 USC 3344.

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Page:United States Statutes at Large Volume 98 Part 2.djvu/1230

 98 STAT. 2390

PUBLIC LAW 98-511—OCT. 19, 1984 "CHALLENGE GRANTS

Ante, p. 2389.

"SEC. 934. (a) In addition to the authority of the Secretary under section 932, the Secretary shall carry out a program of challenge grants (as part of the grant program administered under section 932(a)(1)), not to exceed $40,000 each, in order to support projects to develop— "(1) comprehensive plans for implementation of equity programs at every educational level; "(2) innovative approaches to school-community partnerships; "(3) new dissemination and replication strategies; and "(4) other innovative approaches to achieving the purposes of this part. "(b) For the purposes described in clauses (1) through (4) of subsection (a), the Secretary is authorized to make grants to public and private nonprofit agencies and to individuals.". CRITERIA AND PRIORITIES

20 USC 3345.

SEC. 405. Section 935 of the Act is amended— (1) by inserting "separate" after "Secretary shall establish"; and (2) by inserting "under sections 932(a)(1) and 932(a)(2)" after "priorities for awards". NATIONAL ADVISORY COUNCIL ON W O M E N ' S EDUCATIONAL PROGRAMS

20 USC 3346.

20 USC 1070.

SEC. 406. Section 936 of the Act is amended— (1) by striking out "Office of Education" in subsection (a) and inserting in lieu thereof "Department of Education"; (2) by striking out paragraph (1) of such subsection and inserting in lieu thereof the following: "(1) seventeen individuals, some of whom shall be students, and who shall be appointed by the President, by and with the advice and consent of the Senate, from among individuals, broadly representative of the general public and including (A) individuals who are experts in a wide range of issues of educational equity for women at all levels of education, including preschool, elementary and secondary education, higher education, and vocational and adult education; (B) individuals who are representative of and expert in the educational needs of racial and ethnic minority women, older women, and disabled women; (C) both women and men who have demonstrated commitment to and expertise in the purposes of this part; and (D) individuals who are representative of and expert in student financial assistance programs authorized under title IV of the Higher Education Act of 1965;"; (3) by striking out "advise" and all that follows through "on matters" in subsection (c)(1) and inserting in lieu thereof "advise the Secretary and the Congress on matters"; (4) by inserting "selection of funding priorities and" before "allocation of any funds" in subsection (c)(2); and (5) by striking out subsection (c)(3) and inserting in lieu thereof the following: "(3) advise all Federal agencies which have education programs concerning those aspects of the programs which relate to the educational needs and opportunities of women;".

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Page:United States Statutes at Large Volume 98 Part 2.djvu/1231

 PUBLIC LAW 98-511—OCT. 19, 1984

98 STAT. 2391

REPORT OF THE SECRETARY

SEC. 407. Section 937 of the Act is amended— (1) by striking out the heading of such section and inserting in heu thereof the following:

20 USC 3347.

" R E P O R T S, EVALUATION, AND DISSEMINATION";

(2) by striking out ", 1980, 1982, and 1984" and inserting in lieu thereof "of each of the years 1985 through 1989"; (3) by striking out "shall evaluate" in the last sentence and inserting in lieu thereof "shall oversee the evaluation of; (4) by striking out "include such evaluation" in such sentence and inserting in lieu thereof "report on such evaluation"; and (5) by inserting "(a)" after "SEC. 937." and by adding at the end thereof the following new subsection: "(b) The Office of Women's Educational Equity shall evaluate and disseminate (at low cost) all materials and programs developed under this part.".

Public information.

AUTHORIZATION OF APPROPRIATIONS

SEC. 408. Section 938 of the Act is amended to read as follows:

20 USC 3348.

AUTHORIZATION OF APPROPRIATIONS

"SEC. 938. For the purpose of carrying out this part there are authorized to be appropriated $10,000,000 for fiscal year 1985, $12,000,000 for fiscal year 1986, $14,000,000 for fiscal year 1987, $16,000,000 for fiscal year 1988, and $20,000,000 for fiscal year 1989.". TITLE V—AMENDMENTS TO TITLE XI OF THE EDUCATION AMENDMENTS OF 1978

Indian Education Amendments of 1984.

SHORT TITLE; R E F E R E N C E

SEC. 501. (a) This title may be cited as the "Indian Education Amendments of 1984". (b) Except as otherwise expressly provided, whenever in this title an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of title XI of the Education Amendments of 1978 (25 U.S.C. 2001 et seq.).

25 USC 2001 note. Schools and colleges.

STANDARDS

SEC. 502. (a) Section 1121(b)(2) is amended by adding at the end thereof the following: "Such standards shall include a requirement, developed in coordination with Indian tribes, the affected local school boards, the Indian Health Service of the Department of Health and Human Services, the State health departments, and the Federal Center for Disease Control, on immunization for childhood diseases, including provisions for in-school immunization, where necessary.". (b) The first sentence of section 1121(d) is amended by striking out everything after "ill-conceived" and inserting in lieu thereof a period and the following: "The tribal governing body or designated school board shall thereafter submit to the Secretary a proposal for

25 USC 2001.

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Page:United States Statutes at Large Volume 98 Part 2.djvu/1232

 98 STAT. 2392

25 USC 2001.

25 USC 450 note.

contracts with U.S.

Post, pp. 2394-2396.

Regulations.

Federal Register, publication. Study.

PUBLIC LAW 98-511—OCT. 19, 1984

alternative standards that takes into account the specific needs of the tribe's children.", (c) Section 1121(e) is amended— (1) by inserting "(1)" after "(e)"; (2) by striking out the second sentence thereof; and (3) by adding at the end thereof the following new paragraphs: "(2) Within two years of the initial contract for the provision of educational services under Indian Self-Determination and Education Assistance Act each such school shall (A) be in compliance with the standards prescribed under subsection (a), or (B) have obtained accreditation, or be a candidate for accreditation, with one of the accrediting agencies recognized by the Secretary of Education or the State in which it is found. "(3) Within one year of the date of enactment of this paragraph, the Bureau shall, through contract with a national Indian organization, establish uniform fiscal control and fund accounting procedures for all contract schools. Such procedures shall yield data results comparable to those used by Bureau schools.". (d) Section 1121(f) is amended by adding at the end thereof the following: "Failure to implement or meet such standards shall not serve as the basis for taking any personnel action against any individual if (1) the failure is related to inadequate resources (as determined under sections 1128 and 1129 of this title), and (2) the Secretary has not submitted the information required by this subsection and has not requested sufficient funds to cover the cost (as determined under such sections) of meeting such standards at the school concerned.". (e) Section 1121 is further amended by redesignating subsection (g) as subsection (h) and by inserting after subsection (f) the following new subsection: "(g)(1) Except as specifically required by statute, no school operated by the Bureau of Indian Affairs on January 1, 1984, may be closed or its program curtailed unless done according to the requirements of this subsection, except that, in those cases where the tribal governing body, or the local school board concerned (if so designated by the tribal governing body), requests closure or consolidation, the requirements of this subsection shall not apply. "(2) The Secretary shall, by regulation, promulgate standards and procedures for the closing or consolidation of Bureau schools in accordance with the requirements of this subsection. "(3) Such standards and procedures shall require that, whenever closure or consolidation of a school is under consideration or review by any division of the Bureau or the Department of the Interior, the affected tribe, tribal governing body, designated local school board, and parents will be notified as soon as such consideration or review begins and kept fully and currently informed with respect to such consideration or review. Copies of any such notices and information shall be transmitted promptly to the Congress and published in the Federal Register. "(4) Prior to ordering any such school closing or consolidation, the Secretary shall insure that a study is made of each Indian child's educational and (where applicable) social needs and that adequate alternative services are guaranteed. Such a study shall include a description of the consultation conducted between the potential service provider, current service provider, parents, tribal representative of the tribe involved, and the Director of the Bureau of Indian

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Page:United States Statutes at Large Volume 98 Part 2.djvu/1233

 PUBLIC LAW 98-511—OCT. 19, 1984

98 STAT. 2393

Affairs, Office of Indian Education Programs, with regard to such child. "(5) Prior to taking any action to close or consolidate any such Report, school, the Secretary shall make a full report to Congress describing the plans made (including schedules and plans for follow-up studies on the students affected), and the study and consultations undertaken pursuant to paragraph (4) of this subsection. No action may be taken in furtherance of any such proposed school closing or consolidation (including any action which would prejudice the personnel or programs of such school) until the end of the academic year following the academic year in which such report is made.". SCHOOL BOUNDARIES

SEC. 503. Section 1124 is amended to read as follows:

25 USC 2004.

"SCHOOL BOUNDARIES

"SEC. 1124. (a) The Secretary shall, in accordance with this section, establish separate geographical attendance areas for each Bureau school. "(b) No attendance area shall be established with respect to any such school unless the tribal governing body or the local school board concerned (if so designated by the tribal governing body) has been given one year from the date of enactment of the Indian Education Amendments of 1984 to propose such boundaries. Such Ante, p. 2391. proposed boundaries shall be accepted unless the Secretary finds, after consultation with such body or board, that such boundaries do not reflect the needs of the Indian students to be served or do not provide adequate stability to all of the programs affected. "(c) In any case where there is only one Bureau operated program located on an Indian reservation, the attendance area for the program shall be the boundaries of the reservation served, and those students residing near the reservation shall also receive services from such program. "(d) The Bureau of Indian Affairs shall include in the final rules the requirement that each superintendent for education coordinate and consult with the affected tribes and relevant school boards in the establishment of such geographic boundaries." BUREAU OF INDIAN AFFAIRS EDUCATION FUNCTIONS

SEC. 504. (a) Section 11260t)) is amended by striking the second 25 USC 2006. sentence and inserting in lieu thereof the following: "All contract functions relating to education (including those pursuant to the Indian Self-Determination and Education Assistance Act) shall be 25 USC 450 note. supervised by the Director of the Office.". (b) Section 1126(b) is further amended by striking out "Nothing" in the last sentence and inserting in lieu thereof "Subject to the provisions in subsection (c), nothing". (c) Section 1126(c) is amended by striking out "and" at the end of paragraph (1), and by striking out paragraph (2) and inserting in lieu thereof the following: "(2) provide all services and support functions for education programs with respect to personnel matters involving staffing actions and functions, and

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Page:United States Statutes at Large Volume 98 Part 2.djvu/1234

 98 STAT. 2394

25 USC 2006.

25 USC 2005.

Ante, p. 2391.

PUBLIC LAW 98-511—OCT. 19, 1984

"(3) provide technical and coordinating assistance in areas such as procurement, contracting, budgeting, personnel, and curriculum.". ((J) Section 1126 is further amended by redesignating subsection (d) as subsection (e) and by inserting after subsection (c) the following new subsection: "(d)(1) The Assistant Secretary shall submit in the annual Budget a plan— "(A) for school facilities to be constructed under the system required by section 1125(c); and "(B) for establishing priorities among projects and for the improvement and repair of education facilities, which together shall form the basis for the distribution of appropriated funds. "(2) The Assistant Secretary shall establish a program, including the distribution of appropriated funds, for the operation and maintenance of education facilities. Such program shall be implemented by the Director of the Office. Such program shall include, but not be limited to— "(A) a method of computing the amount necessary for each education facility; "(B) similar treatment of all Bureau and contract schools; and "(C) the allocation of appropriated funds from the Director of the Office directly to the agency superintendents for education, or to the area education program administrators in the case of multitribal boarding schools located off reservation. The agency superintendents for education, or the area education program administrator in the case of multitribal boarding schools located off reservation, shall make arrangements for the maintenance of education facilities with the local supervisors of the Bureau maintenance personnel who are under the authority of the agency superintendent or area directors, respectively. The local supervisors of Bureau maintenance personnel shall take appropriate action to implement the decisions made in this regard by the agency superintendents for education and by the area education program administrators, except that no funds from this program may be expended or transferred by an agency superintendent for education or by an area education program administrator unless such superintendent or administrator is assured that the necessary maintenance has been, or will be, provided in a reasonable manner. Subject to the requirements of subsection (b) of this section, nothing in this Act shall be construed to require the provision of separate operations and maintenance personnel for the Office. "(3) The Director of the Office shall supervise all Bureau education facilities, including local Bureau housing constructed for the purpose of housing Bureau personnel at the school site. "(4) The requirements of this subsection shall be implemented within 270 days following the date of enactment of the Indian Education Amendments of 1984.". ALLOTMENT FORMULA

25 USC 2008.

SEC. 505. (a) Section 1128(a)(2) is amended— (1) by striking out subparagraph (D); (2) by redesignating subparagraph (E) as subparagraph (D); and (3) by adding at the end thereof the following new subparagraphs:

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 PUBLIC LAW 98-511—OCT. 19, 1984

98 STAT. 2395

"(E) special transportation and other costs of isolated and small schools; "(F) the costs of boarding arrangements, where determined necessary by a tribal governing body or designated local school board; "(G) costs associated with greater lengths of service by educational personnel; "(H) special programs for gifted and talented students; and "(I) costs associated with operating education and recreational programs on a 12-month basis;". (b) Section 1128(c) is amended by inserting "(1)" after "(c)", redes- 25 USC 2008. ignating paragraphs (1), (2), and (3) as subparagraphs (A), (B), and (C), respectively, and by adding at the end thereof the following: "(2) AH Bureau and contract schools receiving funds under this section shall receive an equal amount as an allowance for local school board training and activities including, notwithstanding any other provision of law, meeting expenses and the cost of membership in or support of organizations engaged in activities on behalf of Indian education. "(3) The Secretary shall, subject to appropriations, provide to all contract schools an amount for administrative and indirect costs which is at least equal to the amount which would be expended by the Secretary if such school were directly operated by the Secretary. The Secretary shall take such actions as are necessary to provide contract schools with the full Eimount as determined by this paragraph without reducing funds available under subsection (a) of this section.". (c) Section 1128 is further amended by adding at the end thereof the following new subsection: "(e) The Director of the Office shall establish a separate fund from which monetary awards and quality step increases for employees shall be paid. Such payments shall not affect school allotments under this section.". UNIFORM DIRECT FUNDING

SEC. 506. (a) Section 1129(a) is amended— 25 USC 2009. (1) by striking out "section 1128," and all that follows in the second sentence and inserting in lieu thereof "section 1128."; and (2) by inserting "(1)" after "(a)" and adding at the end thereof the following: "(2)(A) For the purpose of affording adequate notice of funding available pursuant to the allotments made by this section, amounts appropriated in an appropriation Act for any fisccd year shall become available for obligation by the affected schools on July 1 of the fisced year in which they are appropriated without further action by the Secretary, and shall remain available for obligation through the succeeding fiscal year. In order to effect a transition to the forward funding method of distribution described in the preceding sentence, there are authorized to be appropriated, in an appropriation Act or Acts for the same fiscal year, two separate appropriations for such allotments, the first of which shall not be subject to the preceding sentence. "(B) The Secretary shall, on the basis of the amount appropriated in accordance with this paragraph—

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 98 STAT. 2396

25 USC 2009.

PUBLIC LAW 98-511—OCT. 19, 1984

"(i) publish, on July 1 preceding the fiscal year for which the funds are appropriated, allotments to each affected school made under this section of 85 percent of such appropriation; and "(ii) publish, no later than September 30 of such preceding fiscal year, the allotments to be made under this section of the remaining 15 percent of such appropriation, adjusted to reflect actual student attendance. "(3) Notwithstanding any law or regulation governing procurement by Federal agencies, the supervisor of each school receiving funds under this section shall, subject to school board approval, have the authority to expend no more than 10 percent of the funds allotted by this section to procure supplies and equipment, with or without competitive bidding.". (b) Section 1129(c) is amended by inserting at the end thereof the following: "The Secretary shall institute a program for funding tribal divisions of education and the development of tribal codes of education,". APPEALS FROM ACTIONS OF SCHOOL BOARDS

25 USC 2011.

SEC. 507. (a) Section 1129(b) is amended by striking out the last sentence and inserting in lieu thereof the following: "The supervisor of the school may appeal any such action of the local school board to the superintendent for education of the Bureau agency by filing a written statement describing the action and the reasons the supervisor believes such action should be overturned. A copy of such statement shall be submitted to the local school board and such board shall be afforded an opportunity to respond, in writing, to such appeal. After reviewing such written appeal and response, the superintendent may, for good cause, overturn the action of the local school board. The superintendent shall transmit the determination of such appeal in the form of a written opinion to such board and to such supervisor identifying the reasons for overturning such action.". (b) Section 1131(d) is amended by striking out paragraphs (2) and (3) and inserting in lieu thereof the following: "(2)(A) The supervisor of a school may appeal to the appropriate agency superintendent for education any determination by the local school board for the school that an individual be employed, or not be employed, in an education position in the school (other than that of supervisor) by filing a written statement describing the determination and the reasons the supervisor believes such determination should be overturned. A copy of such statement shall be submitted to the local school board and such board shall be afforded an opportunity to respond, in writing, to such appeal. After reviewing such written appeal and response, the superintendent may, for good cause, overturn the determination of the local school board. The superintendent shall transmit the determination of such appeal in the form of a written opinion to such board and to such supervisor identifying the reasons for overturning such determination. "(B) The superintendent for education of an agency office of the Bureau may appeal to the Director of the Office any determination by the local school board for the school that an individual be employed, or not be employed, as the supervisor of a school by filing a written statement describing the determination and the reasons the supervisor believes such determination should be overturned. A copy of such statement shall be submitted to the local school board

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 PUBLIC LAW 98-511—OCT. 19, 1984

98 STAT. 2397

and such board shall be afforded an opportunity to respond, in writing, to such appeal. After reviewing such written appeal and response, the Director may, for good cause, overturn the determination of the local school board. The Director shall transmit the determination of such appeal in the form of a written opinion to such board and to such superintendent identifying the reasons for overturning such determination. "(3) The superintendent for education of an agency office of the Bureau may appeal to the Director of the Office any determination by the agency school board that an individual be employed, or not be employed, in an education position in such agency office by filing a written statement describing the determination and the reasons the supervisor believes such determination should be overturned. A copy of such statement shall be submitted to the agency school board and such board shall be afforded an opportunity to respond, in writing, to such appeal. After reviewing such written appeal and response, the Director may, for good cause, overturn the determination of the agency school board. The Director shall transmit the determination of such appeal in the form of a written opinion to such board and to such superintendent identifying the reasons for overturning such determination.". MANAGEMENT INFORMATION SYSTEM

SEC. 508. Section 1132 is amended— 25 USC 2012. (1) by striking out "the Bureau," and inserting in lieu thereof "the Office,"; (2) by striking out "this Act" and inserting in lieu thereof "the Indian Education Amendments of 1984"; and (3) by striking out "to all agency and area offices of the Bureau and". AUDITS

SEC. 509. Section 1136 is amended by inserting "(a)" after "SEC. 25 USC 2016. 1136." and by adding at the end thereof the following new subsection: "(b) The Inspector General of the Department of the Interior shall establish a system to ensure that financial and compliance audits are conducted of the Bureau, the Office, and each Bureau school at least once in every three years. Audits of Bureau schools shall be based upon the extent to which such school has complied with its local financial plan under section 1129.". Ante, pp. 2395, ^

2396. REGULATIONS

SEC. 510. Section 1138 is amended by adding at the end thereof the 25 USC 2018. following: "Such regulations shall contain, immediately following each substantive provision of such regulations, citations to the particular section or sections of statutory law or other legal authority upon which such provision is based,". VOLUNTARY SERVICES

SEC. 511. Title XI of the Education Amendments of 1978 is further amended by adding after section 1139 the following new section:

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Page:United States Statutes at Large Volume 98 Part 2.djvu/1238

 98 STAT. 2398

PUBLIC LAW 98-511—OCT. 19, 1984 "VOLUNTARY SERVICES

Government anTemployees. 25 USC 2020.

"SEC. 1140. Notwithstanding section 1342 of title 31, United States Code, an officer or employee of the Bureau or the Office may, subject to the approval of the local school board concerned, accept voluntary services on behalf of Bureau and contract schools. Nothing in this title shall be construed to require Federal employees to work without compensation or to allow the use of volunteer services to displace or replace Federal employees.". EMPLOYEE BENEFITS

SEC. 512. Title XI of the Education Amendments of 1978 is further amended by adding after section 1140 the following new sections: "PRORATION OF PAY

25 USC 2021.

25 USC 2011.

"SEC. 1141. (a) Notwithstanding any other provision of law, the Secretary, at the election of the employee, shall prorate the salary of an employee employed in an education position for the academic school-year over the entire twelve month period. Each educator employed for the academic school-year shall annually elect to be paid on a twelve month basis or for those months while school is in session. No educator shall suffer a loss of pay or benefits because of such election. "(b) During the course of such year the employee may change election once. "(c) That portion of the employee's pay which would be paid between academic school years may be paid in lump sum at the election of the employee. "(d) For the purposes of this section the terms 'educator' and 'education position' have the meaning contained in section 1131(n)(l) and (n)(2) of this title. This section applies to those individuals employed under the provisions of section 1131 of this title or title 5, United States Code. "EXTRACURRICULAR ACTIVITIES

25 USC 2022.

25 USC 2011.

"SEC. 1142. (a) Notwithstanding any other provision of law, the Secretary shall provide a stipend in lieu of overtime premium pay or compensatory time off. Any employee of the Bureau who performs additional activities to provide services to students or otherwise support the school's academic and social programs may elect to be compensated for all such work on the basis of the stipend. Such stipend shall be paid as a supplement to the employee's base pay. "(b) The amount of such stipends shall be determined at the area level. "(c) If an employee elects not to be compensated through the stipend established by this section, the appropriate provisions of title 5, United States Code, shall apply. "(d) This section applies to all Bureau employees, whether employed under section 1131 of this title or title 5, United States Code. "HOUSING

25 USC 2023.

"SEC. 1143. (a) The Secretary shall continue to apply rental rates for employee housing in accordance with all applicable laws and

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 PUBLIC LAW 98-511—OCT. 19, 1984

98 STAT. 2399

regulations. Proceeds from rental receipts shall be used for the improvement and repair of employee quarters. "(b) Notwithstanding any other provision of law, the agency superintendent for education, or (for boarding schools located offreservation) the area education program administrator, shall have the authority to waive up to 90 percent of the rental rate for educators on school-wide basis to aid the school in recruiting and retaining educators. Decisions on rent waivers will be made after consultation with the appropriate level school board and the employees. Such superintendent's or administrator's decision (as the case may be) on the need for this assistance in recruitment and retention is final and not reviewable. "(c) During periods when schools are not in session and educators have been placed in non-pay status, all rents payable by those educators shall be waived. "(d) For the purposes of this section the term 'educator' has the meaning contained in section 1131(n)(l) of this title. This section 25 USC 2011. applies to those individuals employed under both the provisions of section 1131 of this title and title 5, United States Code.". EXTENSIONS OF AUTHORIZATION OF OTHER INDIAN EDUCATION PROGRAMS

SEC. 513. (a)(1) Section 303(a)(1) of the Indian Elementary and Secondary School Assistance Act (20 U.S.C. 241bb(a)(l)) is amended by striking out "For the purpose of computing the amount to which a local educational agency is entitled under this title for any fiscal year ending prior to October 1, 1983," and inserting in lieu thereof "For any fiscal year for which appropriations are authorized under section 307 of this Act,". ^"Z"'""(2) Section 303(a)(2)(A) of such Act is amended to read as follows: "(2)(A) From the sums appropriated under section 307(a) for any fiscal year, the Secretary shall allocate to each local educational agency which has an application approved under this title an amount which bears the same ratio to such sums as the product of (i) the number of eligible Indian children (as determined under paragraph (1)), multiplied by (ii) the average per pupil expenditure per agency (as determined under subparagraph (c)), bears to the sum of such products for all such local educational agencies.". (3) Section 303 of such Act is further amended— (A) by inserting "(1)" after "(b)" in subsection (b); and (B) by striking out all after "financial assistance" in subsection (b) and inserting in lieu thereof the following: "in accordance with the provisions of this title to schools which— "(A) are located on or near reservations; and "(B)(i) are not local educational agencies; or "(ii) have not been local educational agencies for more than three years. "(2) The requirements of clause (A) of paragraph (1) shall not apply to any school serving Indian children in California, Oklahoma or Alaska.". (4) Section 305(b)(2)(B)(ii) of such Act is amended by inserting 20 USC 24idd. "written" before "approval of a committee". (5) Section 307 of such Act is amended to read as follows: 20 USC 24iff.

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Page:United States Statutes at Large Volume 98 Part 2.djvu/1240

 98 STAT. 2400

PUBLIC LAW 98-511—OCT. 19, 1984 "AUTHORIZATION OF APPROPRIATIONS; ADJUSTMENTS

20 USC 24iaaef

20 USC 3385b.

20 USC I22ig.

"SEC. 307. (a) For the purpose of making payments under this title, there are authorized to be appropriated (1) for each of the fiscal years ending prior to October 1, 1986, such sums as may be necessary, and (2) for each of the fiscal years 1987, 1988, and 1989, an amount not to exceed the amount appropriated for such purpose for fiscal year 1986. "(b) The Secretary may reallocate, in such manner as will best assist in advancing the purposes of this title, any amount which the Secretary determines, based upon estimates made by local educational agencies, will not be needed by any such agency to carry out its approved project.". (g) Such Act is further amended by striking out "Commissioner" each place it appears and inserting in lieu thereof "Secretary". (b)(1) Section 422(c) of the Indian Education Act (20 U.S.C. 3385a(c)) is amended by striking out "October 1, 1983" and inserting in lieu thereof "October 1, 1986". (2) Section 422(c) of such Act is further amended by adding at the end thereof the following: "There is also authorized to be appropriated to carry out the provisions of this section for each of the fiscal years 1987, 1988, and 1989, an amount not to exceed the amount appropriated for such purpose for fiscal year 1986.". (3) Section 423(a) of such Act is amended— (A) by striking out "1983" and inserting in lieu thereof "1989"; (B) by striking out "not to exceed two hundred" in the first sentence; (C) by inserting "psychology," after "medicine," in the second sentence; and (D) by striking out the last sentence and inserting in lieu thereof the following: "The Commissioner may, if a fellowship is vacated prior to the end of the period for which it was awarded, award an additional fellowship for the remainder of such period.". (4) Section 423 of such Act is further amended by adding at the end thereof the following new subsection: "(d) The amount that is authorized to be appropriated to carry out the provisions of this section for each of the fiscal years 1987, 1988, and 1989, is the amount appropriated for such purpose for fiscal year 1986.". (5) Section 442(a) of such Act is amended by striking out "October 1, 1983" and inserting in lieu thereof "October 1, 1989". (c) Section 1005(g) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 3385(g)) is amended— (1) by striking out "October 1, 1983" each place it appears and inserting in lieu thereof "October 1, 1989"; and (2) by adding at the end thereof the following new paragraph: "(3) Notwithstanding paragraphs (1) and (2), the amount that is authorized to be appropriated to under this subsection for each of the fiscal years 1987, 1988, and 1989, is the amount appropriated for such purpose for fiscal year 1986.". (d) Section 316(e) of the Adult Education Act (20 U.S.C. 1211a(e)) is amended— (1) by striking out "October 1, 1983" and inserting in lieu thereof "October 1, 1986"; and

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Page:United States Statutes at Large Volume 98 Part 2.djvu/1241

 PUBLIC LAW 98-511—OCT. 19, 1984

98 STAT. 2401

(2) by adding at the end thereof the following new sentence: "There is also authorized to be appropriated for such purpose for each of the fiscal years 1987, 1988, and 1989, an amount not to exceed the amount appropriated for such purpose for fiscal year 1986.". (e) Notwithstanding the provisions of any authorization of appropriations amended by this section, the total amount which may be appropriated pursuant to all such authorizations (amended by this section) shall not exceed $100,000,000 for fiscal year 1985. TITLE VI—EMERGENCY IMMIGRANT EDUCATION ASSISTANCE

20 USC 241ff note.

Emergency Immigrant Education Act of 1984.

SHORT TITLE

SEC. 601. This title may be cited as the "Emergency Immigrant 20 USC 4ioi Education Act of 1984". ^°*«DEFINITIONS

SEC. 602. As used in this title— 20 USC 4ioi. (1) The term "immigrant children" means children who were not born in any State and who have been attending schools in any one or more States for less than three complete academic years. (2) The terms "elementary school", "local educational agency", "secondary school", "State", and "State educational agency" have the meanings given such terms under section 198(a) of the Elementary and Secondary Education Act of 1965. (3) The term "elementary or secondary nonpublic schools" means schools which comply with the applicable compulsory attendance laws of the State and which are exempt from taxation under section 501(c)(3) of the Internal Revenue Code of 1954. 26 USC 501. (4) The term "Secretary" means the Secretary of Education. AUTHORIZATIONS AND ALIX)CATION OF APPROPRIATIONS

SEC. 603. (a) There are authorized to be appropriated to make 20 USC 4102. payments to which State educational agencies are entitled under this title and payments for administration under section 604 $30,000,000 for fiscal year 1985, and $40,000,000 for fiscal year 1986 and for each of the three succeeding fiscal years. (b)(1) If the sums appropriated for any fiscal year to make payments to States under this title are not sufficient to pay in full the sum of the amounts which State educational agencies are entitled to receive under this title for such year, the allocations to State educational agencies shall be ratably reduced to the extent necessary to bring the aggregate of such allocations within the limits of the amounts so appropriated. (2) In the event that funds become available for making payments under this title for any period after allocations have been made under paragraph (1) of this subsection for such period, the amounts reduced under such paragraph shall be increased on the same basis as they were reduced.

31-194 - 0 - 86 - 40: QL. 3 Part 2

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text:
The Moon in New York

I saw the tower Flashing the house above the moon; The moon crestfallen Climp to the wall in the tower's shoon

Lady of mercy Would I could n'er see.

title: The Moon in New York


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Page:United States Statutes at Large Volume 98 Part 2.djvu/1242

 98 STAT. 2402

PUBLIC LAW 98-511—OCT. 19, 1984 STATE ADMINISTRATIVE COSTS

20 USC 4103.

SEC. 604. The Secretary is authorized to pay to each State educational agency amounts equal to the amounts expended by it for the proper and efficient administration of its functions under this title, except that the total of such payments for any period shall not exceed 1.5 per centum of the amounts which that State educational agency is entitled to receive for that period under this title. WITHHOLDING

20 USC 4104.

SEC. 605. Whenever the Secretary, after reasonable notice and opportunity for a hearing to any State educational agency, finds that there is a failure to meet the requirements of any provision of this title, the Secretary shall notify that agency that further payments will not be made to the agency under this title, or in the discretion of the Secretary, that the State educational agency shall not make further payments under this title to specified local educational agencies whose actions cause or are involved in such failure until the Secretary is satisfied that there is no longer any such failure to comply. Until the Secretary is so satisfied, no further payments shall be made to the State educational agency under this title, or payments by the State educational agency under this title shall be limited to local educational agencies whose actions did not cause or were not involved in the failure, as the case may be. STATE ENTITLEMENTS

20 USC 4105.

Grants.

SEC. 606. (a) The Secretary shall, in accordance with the provisions of this section, make payments to State educational agencies for each of the fiscal years 1985, 1986, 1987, 1988, and 1989 for the purpose set forth in section 607. (b)(1) Except as provided in paragraph (3) and in subsections (c) and (d) of this section, the amount of the grant to which a State educational agency is entitled under this title shall be equal to the product of (A) the number of immigrant children enrolled during such fiscal year in elementary and secondary public schools under the jurisdiction of each local educational agency described under paragraph (2) within that State, and in any elementary or secondary nonpublic school within the district served by each such local educational agency, multiplied by (B) $500. (2) The local educational agencies referred to in paragraph (1) are those local educational agencies in which the sum of the number of immigrant children who are enrolled in elementary or secondary public schools under the jurisdiction of such agencies, and in elementary or secondary nonpublic schools within the districts served by such agencies, during the fiscal year for which the payments are to be made under this title, is equal to— (A) at least five hundred; or (B) at least 3 per centum of the total number of students enrolled in such public or nonpublic schools during such fiscal year; whichever number is less. (3)(A) The amount of the grant of any State educational agency for any fiscal year as determined under paragraph (1) shall be reduced by the amounts made available for such fiscal year under any other Federal law for expenditure within the State for the same purpose as those for which funds are available under this title, but such

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Page:United States Statutes at Large Volume 98 Part 2.djvu/1243

 PUBLIC LAW 98-511—OCT. 19, 1984

98 STAT. 2403

reduction shall be made only to the extent that (i) such amounts are made available for such purpose specifically because of the refugee, parollee, asylee, or other immigrant status of the individuals served by such funds, and (ii) such amounts are made available to provide assistance to individuals eligible for services under this title. (B) No reduction of a grant under this title shall be made under subparagraph (A) for any fiscal year if a reduction is made, pursuant to a comparable provision in any such other Federal law, in the amount made available for expenditure in the State for such fiscal year under such other Federal law, based on the amount assumed to be available under this title. (c)(1) Determinations by the Secretary under this section for any period with respect to the number of immigrant children shall be made on the basis of data or estimates provided to the Secretary by each State educational agency in accordance with criteria established by the Secretary, unless the Secretary determines, after notice and opportunity for a hearing to the affected State educational agency, that such data or estimates are clearly erroneous. (2) No such determination with respect to the number of immigrant children shall operate because of an underestimate or overestimate to deprive any State educational agency of its entitlement to any payment (or the amount thereof) under this section to which such agency would be entitled had such determination been made on the basis of accurate data. (d) Whenever the Secretary determines that any amount of a payment made to a State under this title for a fiscal year will not be used by such State for carrying out the purpose for which the payment was made, the Secretary shall make such amount available for carrying out such purpose to one or more other States to the extent the Secretary determines that such other States will be able to use such additional amount for carrying out such purpose. Any amount made available to a State from an appropriation for a fiscal year in accordance with the preceding sentence shall, for purposes of this title, be regarded as part of such State's payment (as determined under subsection (b)) for such year, but shall remain available until the end of the succeeding fiscal year. USES OF FUNDS

SEC. 607. (a) Payments made under this title to any State may be 20 USC 4106. used in accordance with applications approved under section 608 for supplementary educational services and costs, as described under subsection (b) of this section, for immigrant children enrolled in the elementary and secondary public schools under the jurisdiction of the local educational agencies of the State described in section 606(b)(2) and in elementary and secondary nonpublic schools of that State within the districts served by such agencies. (b) Financial assistance provided under this title shall be available to meet the costs of providing immigrant children supplementary educational services, including but not limited to— (1) supplementary educational services necessary to enable those children to achieve a satisfactory level of performance, including— (A) English language instruction; (B) other bilingual educational services; and (C) special materials and supplies;

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Page:United States Statutes at Large Volume 98 Part 2.djvu/1244

 98 STAT. 2404

PUBLIC LAW 98-511—OCT. 19, 1984 (2) additional basic instructional services which are directly attributable to the presence in the school district of immigrant children, including the costs of providing additional classroom supplies, overhead costs, costs of construction, acquisition or rental of space, costs of transportation, or such other costs as are directly attributable to such additional basic instructional services; and (3) essential inservice training for personnel who will be providing instruction described in either paragraph (1) or (2) of this subsection. APPLICATIONS

20 USC 4107.

SEC. 608. (a) No State educational agency shall be entitled to any payment under this title for any period unless that agency submits an application to the Secretary at such time, in such manner, and containing or accompanied by such information, as the Secretary may reasonably require. Each such application shall— (1) provide that the educational programs, services, and activities for which payments under this title are made will be administered by or under the supervision of the agency; (2) provide assurances that payments under this title will be used for purposes set forth in section 607; (3) provide assurances that such payments will be distributed among local educational agencies within that State on the basis of the number of children counted with respect to such local educational agency under section 6O60b)(l), adjusted to reflect any reductions imposed pursuant to section 606(b)(3) which are attributable to such local educational agency; (4) provide assurances that the State educational agency will not finally disapprove in whole or in part any application for funds received under this title without first affording the local educational agency submitting an application for such funds reasonable notice and opportunity for a hearing; (5) provide for making such reports as the Secretary may reasonably require to perform the functions under this title; and (6) provide assurances— (A) that to the extent consistent with the number of immigrant children enrolled in the elementary or secondary nonpublic schools within the district served by a local educational agency, such agency, after consultation with appropriate officials of such schools, shall provide for the benefit of these children secular, neutral, and nonideological services, materials, and equipment necessary for the education of such children; (B) that the control of funds provided under this title and the title to any materials, equipment, and property repaired, remodeled, or constructed with those funds shall be in a public agency for the uses and purposes provided in this title, and a public agency shall administer such funds and property; and (C) that the provision of services pursuant to this paragraph shall be provided by employees of a public agency or through contract by such public agency with a person, association, agency, or corporation who or which, in the provision of such services, is independent of such elemen-

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Page:United States Statutes at Large Volume 98 Part 2.djvu/1245

 PUBLIC LAW 98-511—OCT. 19, 1984

98 STAT. 2405

tary or secondary nonpublic school and of any religious organization; and such employment or contract shall be under the control and supervision of such public agency, and the funds provided under this paragraph shall not be commingled with State or local funds, (b) The Secretary shall approve an application which meets the requirements of subsection (a). The Secretary shall not finally disapprove an application of a State educational agency except after resisonable notice and opportunity for a hearing on the record to such agency. PAYMENTS

SEC. 609. (a) Except as provided in section 6030)), the Secretary shall pay to each State educational agency having an application approved under section 608 the amount which that State is entitled to receive under this title. 0)) If by reason of any provision of law a local educational agency is prohibited from providing educational services for children enrolled in elementary and secondary nonpublic schools, as required by section 608(a)(6), or if the Secretary determines that a local educational agency has substantially failed or is unwilling to provide for the participation on an equitable basis of children enrolled in such schools, the Secretary may waive such requirement and shall arrange for the provision of services to such children through arrangements which shall be subject to the requirements of this title. Such waivers shall be subject to consultation, withholding, notice, and judicial review requirements in accordance with section 5570D)(3) and (4) of the Education Consolidation and Improvement Act of 1981.

20 USC 4i08.

20 USC 3806.

TITLE VII—GENERAL ADMINISTRATION AND ORGANIZATION AMENDMENTS TO THE DEPARTMENT OF EDUCATION ORGANIZATION ACT

SEC. 701. (a) Section 204 of the Department of Education Organization Act (20 U.S.C. 3418) is amended by adding at the end thereof the following new sentence: "There shall be within the Office of Elementary and Secondary Education and directly under the supervision of the Assistant Secretary for Elementary and Secondary Education, an Office of Migrant Education, which shall be responsible for the administration of programs established by subpart 1 of part B of title I of the Elementary and Secondary Education Act of 1965 and by subpart 5 of part A of title IV of the Higher Education Act of 1965.". 0)) For the purposes of section 413(a) of the Department of Education Organization Act (20 U.S.C. 3473), the Office of Migrant Education shall be considered to be an organizational entity established by such Act and shall not be subject to the reorganizational authority of the Secretary of Education under that section or any other provision of law. E X T E N S I O N O F AUTHORIZATION S U N D E R THE GENERAL EDUCATION

PROVISIONS ACT

SEC. 702. (a) Section 405(k)(7) of the General Education Provisions Act (20 U.S.C. 1221e(k)(7)) is amended by striking out "$10,500,000

20 USC 3414.

20 USC 3473 note.

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Page:United States Statutes at Large Volume 98 Part 2.djvu/1246

 98 STAT. 2406

20 USC i22le-i.

PUBLIC LAW 98-511—OCT. 19, 1984

for each fiscal year ending prior to October 1, 1983" and inserting in lieu thereof "$8,000,000 for fiscal year 1985, and $10,800,000 for each succeeding fiscal year ending prior to October 1, 1989". (b) Section 406(g) of such Act (20 U.S.C. 1221-l(g)) is amended— (1) by striking out "October 1, 1983" in paragraph (1) and inserting in lieu thereof "October 1, 1989"; and (2) by striking out paragraph (2) and inserting in lieu thereof the following: "(2) The amount available for grants and contracts by the Assistant Secretary under subsection (e) shall not exceed $10,000,000 for fiscal year 1985, $12,000,000 for fiscal year 1986, $14,000,000 for fiscal year 1987, $16,000,000 for fiscal year 1988, and $18,000,000 for fiscal year 1989.". NATIONAL INSTITUTE OF EDUCATION

SEC. 703. (a) Section 405(k)(l) of the General Education Provisions Act (20 U.S.C. 1221e(k)(l)) is amended by striking out "and" at the end of subparagraph (C), by striking out the period at the end of subparagraph (D) and inserting in lieu thereof "; and", and by inserting after such subparagraph the following: "(E) with respect to each State which voluntarily participates in accordance with paragraph (5), provide for a statement of information collected by the National Assessment for each such State.". Ob) Section 405(k)(3) of such Act is amended by adding at the end thereof the following: "The appropriateness of all cognitive, background, and attitude items developed as part of the National Assessment shall be the responsibility of the Assessment Policy Committee. Such items shall be subject to review by the Department of Education and the Office of Management and Budget for a single period of not more than 60 days.". COLLECTION OF DATA

20 USC 1221e-l.

SEC. 704. (a) Section 405 of the General Education Provisions Act (20 U.S.C. 1221e) is further amended by adding at the end thereof the following new subsection: "(1) For purposes of this section, the terms 'United States' and 'State' include the District of Columbia and Puerto Rico.". (b) Section 406 of such Act (20 U.S.C. 1221-1) is amended— (1) by redesignating subsection (i) as subsection (h); and (2) by adding at the end thereof the following new subsection: "(i) For purposes of this section, the terms 'United States' and 'State' include the District of Columbia and Puerto Rico.". ANNUAL EVALUATION REPORTS

SEC. 705. Section 417(a) of the General Education Provisions Act (20 U.S.C. 1226c(a)) is amended by striking out "November 1" and inserting in lieu thereof "December 31". CONFLICT-OF-INTEREST

SEC. 706. (a) Section 4350t)) of the General Education Provisions Act (20 U.S.C. 1232da))) is amended— (1) by striking out "and" at the end of paragraph (6);

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Page:United States Statutes at Large Volume 98 Part 2.djvu/1247

 PUBLIC LAW 98-511—OCT. 19, 1984

98 STAT. 2407

(2) by striking out the period at the end of paragraph (7) and inserting in lieu thereof "; and"; and (3) by inserting after such paragraph the following new paragraph: "(8) that none of the funds expended under any applicable program will be used to acquire equipment (including computer software) in any instance in which such acquisition results in a direct financial benefit to any organization representing the interests of the purchasing entity or its employees or any affiliate of such an organization.". (b) Section 436(b) of the General Education Provisions Act (20 U.S.C. 1232e0))) is amended— (1) by striking out "and" at the end of paragraph (7); (2) by striking out the period at the end of paragraph (8) and inserting in lieu thereof "; and"; and (3) by inserting after such paragraph the following new paragraph: "(9) that none of the funds expended under any applicable program will be used to acquire equipment (including computer software) in any instance in which such acquisition results in a direct financial benefit to any organization representing the interests of the purchasing entity or its employees or any affiliate of such an organization.". STUDENT FINANCIAL ASSISTANCE TECHNICAL AMENDMENTS ACT OF 1^82

SEC. 707. The Student Financial Assistance Technical Amendments Act of 1982 is amended— (1) in section 3(a), by striking out "and 1984-1985" and inserting in lieu thereof '^, 1984-1985, 1985-1986, and 1986-1987"; (2) in section 3(b), by striking out "year 1984-1985" and inserting in lieu thereof "years 1984-1985, 1985-1986, and 19861987"; (3) by striking out "and 1985-1986" each place it appears in sections 4, 5(a), 50t))(l), 5(c), and 6 and inserting in lieu thereof ", 1985-1986, and 1986-1987"; (4) in section 503)(2), by striking out "and" at the end of clause (A), by striking out the period at the end of clause (B) and inserting in lieu thereof "; and", and by inserting after clause (B) the following new clause: "(C) for the period from October 1, 1983, through September 30, 1984, and the arithmetic mean of such index for the period from October 1, 1984, through September 30, 1985, in the case of academic year 1986-1987."; (5) in section 5(b)(3), by striking out "and immediately" and inserting in lieu thereof ", immediately" and by inserting before the period at the end thereof a comma and the following: "and immediately after such publication for September 1985 (with respect to academic year 1986-1987)"; (6) in section 5(d), by striking out "and" at the end of paragraph (1), by striking out the period at the end of paragraph (2) and inserting in lieu thereof "; and", and by inserting after such paragraph the following new paragraph: "(3) not later than April 1, 1985, for academic year 19861987."; (7) in section 9(a), by inserting "and from July 1, 1986, through June 30, 1987," after "June 30, 1986,"; and

20 USC 1070a note. 20 USC 1070a note. 20 USC 1070a note, 1089 note. 20 USC 1070a note.

20 USC 1070a note.

20 USC 1070a note.

20 USC 1078 note.

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Page:United States Statutes at Large Volume 98 Part 2.djvu/1248

 98 STAT. 2408 20 USC 1078 '^°*®-

PUBLIC LAW 98-511—OCT. 19, 1984 (8) in section 9(c), by striking out "and" at the end of paragraph (2), by striking out the comma at the end of paragraph (3) and inserting in lieu thereof "; and", and by inserting after such paragraph the following new paragraph: "(4) April 1, 1986, for the period of instruction from July 1, 1986, through June 30, 1987,". EFFECTIVE DATE AMENDMENT

20 USC 3804 "°*^

SEC. 708. Section 25(b) of Public Law 98-211 (97 Stat. 1419) is amended by striking out "June 30, 1983" and inserting in lieu thereof "June 30, 1984". EDUCATION AMENDMENTS OF 1978: ASSISTANCE TO TERRITORIES

92 Stat. 2379.

SEC. 709. (a) Sections 1524 and 1525 of the Education Amendments of 1978 are each amended by striking out "1979" and inserting in lieu thereof "1985". (b) No funds in excess of $5,000,000 are authorized to be appropriated for fiscal year 1985 to carry out the provision of such sections. CONTRACT AUTHORITY

20 USC 2701 ^^^^-

SEC. 710. Any authority to make payments or to enter into contracts under this Act shall be available only to such extent or in such amounts as are provided in advance in appropriation Acts. EFFECTIVE DATE

20 USC 2701 "°*®

SEC. 711. (a) Except as provided in subsection (b), this Act and the amendments made by this Act shall take effect on the date of enactment of this Act or October 1, 1984, whichever occurs later. Ob) The amendments made by title I of this Act shall take effect on July 1, 1985. Approved October 19, 1984.

LEGISLATIVE HISTORY—S. 2496 (H.R. 11): HOUSE REPORTS: No. 98-748 accompanying H.R. 11 (Comm. on Education and Labor) and No. 98-1128 (Comm. of eonference). SENATE REPORT No. 98-503 (Comm. on Labor and Human Resources). CONGRESSIONAL RECORD, Vol. 130 (1984): June 28, considered and passed Senate. July 26, H.R. 11 considered and passed House; S. 2496, amended, passed in lieu. Oct. 3, Senate agreed to conference report. Oct. 4, House agreed to conference report. WEEKLY C O M P I L A T I O N OF PRESIDENTIAL DOCUMENTS, Vol. 20, No. 42 (1984): Oct. 19, Presidential statement.

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Page:United States Statutes at Large Volume 98 Part 2.djvu/1249

 PUBLIC LAW 98-512—OCT. 19, 1984

98 STAT. 2409

Public Law 98-512 98th Congress An Act To revise and extend the programs of assistance under titles X and XX of the Public Health Service Act.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or a repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Public Health Service Act. SEC. 2. (a) Section 2010(a) (42 U.S.C. 300z-9(a)) is amended by striking out "and" after "1983," and by inserting before the period a comma and "and $30,000,000 for the fiscal year ending September 30, 1985". (b) Section 2001(a)(5) (42 U.S.C. 300z(a)(5)) is amended to read as follows: "(5) pregnancy and childbirth among unmarried adolescents, particularly young adolescents, often results in severe adverse health, social, and economic consequences including: a higher percentage of pregnancy and childbirth complications; a higher incidence of low birth weight babies; a higher infant mortality and morbidity; a greater likelihood that an adolescent marriage will end in divorce; a decreased likelihood of completing schooling; and higher risks of unemployment and welfare dependency; and therefore, education, training, and job research services are important for adolescent parents;". (c) Section 2001(b)(3) (42 U.S.C. 300z(b)(3)) is amended by inserting "both" before "for pregnant adolescents" in the matter preceding subparagraph (A). (d) Section 2002(a)(4)(H) (42 U.S.C. 300z-l(a)(4)(H)) is amended by striking out "and referral to such services". (e) Section 2008(g) (42 U.S.C. 300z-7(g)) is repealed. SEC. 3. (a) Section 1001(c) (42 U.S.C. 300(c)) is amended by striking out "and" after "1983;" and by inserting before the period a semicolon and "and $158,400,000 for the fiscal year ending September 30, 1985".

Oct. 19, 1984 [S. 2616] Children and youth.

42 USC 201 note.

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Page:United States Statutes at Large Volume 98 Part 2.djvu/1250

 98 STAT. 2410

PUBLIC LAW 98-512—OCT. 19, 1984

(b) Section 1003(b) (42 U.S.C. 300a-l(b)) is amended by striking out "and" after "1983;" and by inserting before the period a semicolon and "and $3,500,000 for the fiscal year ending September 30, 1985". (c) Section 1005(b) (42 U.S.C. 300a-3(b)) is amended by striking out "and" after "1983;" and by inserting before the period a semicolon and "and $700,000 for the fiscal year ending September 30, 1985". Approved October 19, 1984.

LEGISLATIVE HISTORY—S. 2616: HOUSE REPORT No. 98-1154 (Comm. of Conference). SENATE REPORT No. 98-496 (Comm. on Labor and Human Resources). CONGRESSIONAL RECORD, Vol. 130 (1984): June 29, considered and passed Senate. Aug. 10, considered and passed House, amended. Oct. 9, Senate and House agreed to conference report.

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 PUBLIC LAW 98-513—OCT. 19, 1984 Public Law 98-513 98th Congress

98 STAT. 2411

An Act

Pertaining to the inheritance of trust or restricted land on the Lake Traverse Indian Reservation, North Dakota and South Dakota, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That to the extent that the laws of devise, descent and distribution of the State of North Dakota or the State of South Dakota are inconsistent with this Act or to the extent that the Indian Land ConsoUdation Act (25 U.S.C. 2201 et seq.), is inconsistent with this Act, the provisions of this Act shall govern the. right to inherit trust or restricted land located within such States and within the original exterior boundaries of the Lake Traverse Indian Reservation (hereinafter the "reservation") as described in article III of the Treaty of February 19, 1867 (15 Stat. 505). • SEC. 2. (a) Except as provided in section 4 of this Act, only the Sisseton-Wahpeton Sioux Tribe of North Dakota and South Dakota (hereinafter the "tribe") or persons who are enrolled members of the tribe shall be entitled to receive by devise or descent any interest in trust or restricted land within the reservation. (b) The provisions of this Act shall apply only to estates of decedents whose deaths occur on or after the date of enactment of this Act. SEC. 3. (a) Whenever any person dies possessed of any interest in trust or restricted land within the reservation and the trust or restricted land has not been devised by a will approved by the Secretary of the Interior pursuant to section 2 of the Act of June 25, 1910 (36 Stat. 856), as amended (25 U.S.C. 373), or the bequest of devise is not consistent with the provisions of section 2 of this Act, such interest shall descend to the following persons: Provided, That such persons are eligible heirs under sections 2 and 5 of this Act: (1) one-half of the interest shall descend to the surviving spouse and the other one-half shall descend in equal shares to the children of the decedent and to the issue of any deceased child of the decedent by right of representation; (2) if there is no surviving spouse, the interest shall descend in equal shares to the children of the decedent and to the issue of any deceased child of the decedent by right of representation; (3) if there are no surviving children or issue of any child, the interest shall descend to the surviving spouse; (4) if there is no surviving spouse and no surviving children or issue of any child, the interest shall descend to the surviving parents or parent of the decedent; (5) if there is no surviving spouse, and no surviving children or issue of any child, and no surviving parent, the interest shall descend equally to the brothers and sisters of the decedent; and (6) if there is no surviving spouse, and no surviving children or issue of any child, no surviving parent, and no surviving brothers or sisters, the interest shall escheat to the tribe and

Oct. 19, 1984 [s. 2663]

Children and youth. Children and youth.

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 98 STAT. 2412

Children and youth.

PUBLIC LAW 98-513—OCT. 19, 1984

title to such escheated interest shall be taken in the name of the United States in trust for the tribe. (b) As used in this section, the words "children" and "issue" include children adopted under the laws of a State or foreign country, or in accordance with the laws of an Indian tribe, children of unwed parents where the Secretary of the Interior determines that paternity has been acknowledged or established under the laws of a State or foreign country or in accordance with the laws of an Indian tribe, and children of parents whose parental rights have been terminated pursuant to lawful authority. (c) As used in this section, the word "parent" shall not include the parent of any child with respect to whom such parent's parental rights have been voluntarily terminated pursuant to lawful authority. SEC. 4. (a) Notwithstanding the provisions of section 2 and subject to the provisions of section 5 of this Act, the nonmember of the tribe surviving spouse, nonmember surviving children and the nonmember surviving issue of any children of any person who dies possessed of any interest in trust or restricted land within the reservation, shall be entitled to take only a life estate in any interest in such trust or restricted land devised by a will approved by the Secretary of the Interior pursuant to section 2 of the Act of June 25, 1910 (36 Stat. 856), as amended (25 U.S.C. 373). (b) Notwithstanding the provisions of sections 2 and 3 and subject to the provisions of section 5 of this Act, wherever any person dies possessed of any interest in trust or restricted land within the reservation and the trust or restricted land has not been devised by a will approved by the Secretary of the Interior pursuant to section 2 of the Act of June 25, 1910 (36 Stat. 856), as amended (25 U.S.C. 373), the nonmember of the tribe surviving spouse, nonmember children, and the nonmember issue of any children of the decedent shall be entitled to take only a life estate in any interest provided in section 3 of this Act. (c) At the time that the Secretary of the Interior approves any life estate for a surviving spouse, children, or the issue of any children of a decedent, the trust or restricted land subject to such life estate thereafter shall be held in trust for the appropriate heir under section 3 of this Act or the provisions of any will approved by the Secretary pursuant to section 2 of the Act of June 25, 1910 (36 Stat. 856), as amended (25 U.S.C. 373). (d) The provisions of subsections (a) and (b) of this section notwithstanding, unless a devise of trust or restricted land otherwise provides, any life estate provided for in this Act shall be subject to applicable regulations pertaining to the use of trust or restricted land and to the following conditions, restrictions and limitations: (1) whenever the life tenant is a sole heir, such life tenant shall be entitled to determine the use and to receive any income from the lease or other use of the life tenant's interest in the land; (2) whenever an enrolled member of the tribe dies survived by a nonmember spouse and nonmember children, such spouse shall be entitled to one-half of the income from the lease or other use of the life tenant's interest in the land and such children shall be entitled to the other one-half, and the same division shall apply to any land use determination; (3) whenever an enrolled member of the tribe dies survived by a nonmember spouse, nonmember children, and nonmember

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 PUBLIC LAW 98-513—OCT. 19, 1984

98 STAT. 2413

issue of any deceased child, such spouse shall be entitled to onehalf of the income from the lease or other use of the life tenant's interest in the land and such children and issue of children shall be entitled to equal shares of the other one-half, and the same division shall apply to any land use determination; (4) whenever an enrolled member of the tribe dies without a surviving nonmember spouse but survived by nonmember children, such children shall be entitled equally to determine the use and to receive any income from the lease or other use of the life tenant's interest in the land; (5) whenever an enrolled member of the tribe dies without a surviving nonmember spouse but survived by nonmember children and nonmember issue of any deceased child, such children and issue of children shall be entitled equally to determine the use and to receive any income from the lease or other use of the life tenant's interest in the land; and (6) whenever an enrolled member of the tribe dies without a surviving nonmember spouse and nonmember children but survived by nonmember issue of the children of such member, such issue shall be entitled equally to determine the use and to receive any income from the lease or other use of the life tenant's interest in the land. For the purposes of this subsection, any children or the issue of any children of an enrolled member of the tribe born after the death of such member shall have the same rights as any children or the issue of any children who survive such member. SEC. 5. Notwithstanding any other provision of this Act, no person Prohibition. shall be entitled by devise or descent to take any interest, including any interest in a life estate under section 4 of this Act, less than two and one-half acres, or the equivalent thereof, in trust or restricted land within the reservation. Any interest less than two and one-half acres of a devisee or intestate distributee of a decedent under section 3 of this Act, shall escheat to the tribe and title to such escheated interest shall be taken in the name of the United States in trust for the tribe: Provided, That the provisions of this section shall not be applicable to the devise or descent of any interest in trust or restricted land located within a municipality. SEC. 6. If a decedent has devised an interest in trust or restricted land within the reservation to a person prohibited under section 2 of this Act from acquiring an interest in such trust or restricted land, the interest in such land shall escheat to the tribe and title to such escheated interest shall be taken in the name of the United States in trust for the tribe: Provided, That any interest escheated to the tribe shall be subject to a life estate in the devisee as provided for under section 4(a) of this Act. SEC. 7. (a) Whenever the tribe or an enrolled member, or members, of the tribe holds at least a 50 per centum undivided interest in trust or restricted land within the reservation, the Secretary of the Interior, upon the request of the tribe or the enrolled member, or members, of the tribe shall partition the allotment or part thereof: Provided, That whenever the tribe requests partition, the Secretary shall partition the allotment to the advantage of the heirs, except that any partition shall assure that the tribe retains one contiguous divided interest in the land unless the tribe agrees to a different division: Provided further, That whenever an enrolled member or members of the tribe requests partition, the fair market value of the lands remaining after partition shall not be less than the fair

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 98 STAT. 2414

Patents and trademarks. Termination date.

Prohibition.

Claims.

PUBLIC LAW 98-513—OCT. 19, 1984

market value of the interest, prior to partition, of the owners of such lands. The person or persons requesting partition, in order to meet the fair market value requirement of this subsection, may relinquish to the other heirs a portion of their undivided interest in the trust or restricted lands to be partitioned. (b) The provisions of any law to the contrary notwithstanding, the Secretary of the Interior, upon the request of the tribe or an enrolled heir member of the tribe, shall approve partition of trust or restricted land within the reservation whenever the partitioned interest in the land of the tribe or the enrolled heir member of the tribe is at least two and one-half acres and the owners of more than a 50 per centum undivided interest in the trust or restricted land to be partitioned consent to the partition. (c) Within one hundred and eighty days after the Secretary, pursuant to subsection (a) or (b) of this section, receives a request to partition trust or restricted land, he shall issue a new trust patent, in accordance with applicable law, for the lands set apart for the tribe or the enrolled heir member of the tribe, as the case may be, the trust period to terminate in accordance with the terms of the original patent or order of extension of the trust period set out in said patent or in accordance with the provisions of law governing the sale of allotted lands: Provided, That the provisions of any law to contrary notwithstanding, no patent in fee shall be issued for lands partitioned under this section until the expiration of at least ten years from the date of issuance of such new trust patent. SEC. 8. (a) The tribe shall have authority to exercise powers of eminent domain, over trust or restricted lands within the reservation, to eliminate fractional heirship interests in trust or restricted land, to consolidate tribal interests in land, to develop agriculture, and to condemn for other public purposes any interest in trust or restricted land. Upon the request of the tribe, the interest acquired thereafter shall be held by the United States in trust for the tribe: Provided, That the tribe has made just compensation under tribal judicial process and in accordance with a code of tribal eminent domain laws approved by the Secretary of the Interior. (b) Subject to the right of judicial review provided in subsection (c) of this section, a final judgment of the tribal court in favor of the tribe in a condemnation action is conclusive as to the title of the tribe, in and to the interest in the trust or restricted land described in said judgment, against any and all parties in said action, including unknown defendants, and against any and all persons claiming from, through or under such a party by title accruing after the filing of the judgment by the clerk of the tribal court or after the filing of a notice of the pendency of the action with an official designated for that purpose under the eminent domain laws of the tribe. (c) Any party aggrieved by the condemnation findings and determination of the tribal court may seek judicial review thereof in the United States district court for the district within which the affected interest in land is located. Judicial review shall be taken by filing a notice of appeal with the clerk of the tribal court and district court within thirty days of the date of the entry of the judgment or order of condemnation appealed from. If a timely notice of appeal is filed by a party, any other party may file a notice of appeal within fourteen days of the date on which the first notice of appeal was filed. Any appeal taken under this Act shall be limited to a review of whether the tribal court order or judgment of condemnation is in accordance with the provisions of this Act, any tribal eminent

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 PUBLIC LAW 98-513—OCT. 19, 1984

98 STAT. 2415

domain laws and the provisions of title II of the Act of April 11, 1968 (82 Stat. 77). (d) In any tribal court or United States district court proceeding pursuant to subsection (a) or (d) of this section, notice of the proceeding shall be served upon the United States. The United States shall not be an indispensable party in such proceeding. SEC. 9. The Secretary of the Interior is authorized, with any available funds provided by the United States or the tribe, to acquire by purchase, exchange, or condemnation any land or interest in trust or restricted land within the reservation for the purpose of eliminating fractional heirship interests in land, consolidating tribal interests in land, and developing tribal agriculture or commercial enterprises. After such acquisition, said lands or interests in lands shall be held by the United States in trust for the tribe. SEC. 10. Whenever the tribe imposes a tax against the estate of any person who dies possessed of any interest in trust or restricted land within the reservation, the Secretary of the Interior shall collect the tax out of the estate as part of the probate proceeding. The amount of the tax collected shall be payable to the tribe. SEC. 11. Within one hundred and twenty days after the date of enactment of this Act, the Secretary of the Interior shall send an explanation of the provisions of this Act to all persons who have any interest in trust or restricted land within the reservation. SEC. 12. Wills executed prior to or within one hundred and twenty days after the date of enactment of this Act shall be effective, in the absence of compliance with the provisions of this Act, for a period not to exceed one hundred and eighty days after the date of enactment of this Act: Provided, That this section shall not apply to invalidate the will of any person who because of unsound mind is unable to amend a will in order to comply with the provisions of this Act. SEC. 13. If any provision of this Act or its application to any person or circumstance is found to be invalid, the remainder of this Act, or the application of the provisions of this Act to other persons or circumstances, shall not be affected. Approved October 19, 1984.

LEGISLATIVE HISTORY—S. 2663: SENATE REPORT No. 98-607 (Select Comm. on Indian Affairs). CONGRESSIONAL RECORD, Vol. 130 (1984): Oct. 3, considered and passed Senate. Oct. 4, considered and passed House.

25 USC 1301.

Funds.

Taxes.

Wills.

Provisions held invalid.

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 98 STAT. 2416

PUBLIC LAW 98-514—OCT. 19, 1984

Public Law 98- 514 98th Congress An Act Oct. 19, 1984 [S. 2773] Georgia Wilderness Act of 1984. National Wilderness Preservation System. National Forest System.

16 USC 1132 note.

Ante, p. 263.

To designate certain National Forest System lands in the State of Georgia as wilderness, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Georgia Wilderness Act of 1984". DESIGNATION OF WILDERNESS AREAS

SEC. 2. In furtherance of the purposes of the Wilderness Act (16 U.S.C. 1131-1136), the following lands in the State of Georgia are hereby designated as wilderness and, therefore, as components of the National Wilderness Preservation System: (1) certain lands in the Chattahoochee National Forest, Georgia, which comprise approximately two thousand acres, as generally depicted on a map entitled "Ellicott Rock Wilderness Addition—Proposed", dated June 1984, and which are hereby incorporated in, and shall be deemed to be part of, the Ellicott Rock Wilderness as designated by Public Law 93-622; and (2) certain lands in the Chattahoochee National Forest, Georgia, which comprise approximately twelve thousand four hundred and thirty-nine acres, as generally depicted on a map entitled "Southern Nantahala Wilderness Addition—Proposed", dated June 1984, and which are hereby incorporated in, and shall be deemed to be part of, the Southern Nantahala Wilderness as designated by Public Law 98-324. MAPS AND DESCRIPTIONS

Public availability.

SEC. 3. As soon as practicable after enactment of this Act, the Secretary of Agriculture shall file a map and a legal description of each wilderness area designated by this Act with the Committee on Interior and Insular Affairs and the Committee on Agriculture of the United States House of Representatives and with the Committee on Agriculture, Nutrition, and Forestry of the United States Senate. Each such map and description shall have the same force and effect as if included in this Act, except that correction of clerical and typographical errors in each such map and description may be made by the Secretary. Each such map and description shall be on file and available for public inspection in the Office of the Chief of the Forest Service, Department of Agriculture. ADMINISTRATION OF WILDERNESS

16 USC 1131 note.

SEC. 4, Subject to valid existing rights, each wilderness area designated by this Act shall be administered by the Secretary of Agriculture in accordance with the provisions of the Wilderness Act governing areas designated by that Act as wilderness, except that any reference in such provisions to the effective date of the Wilder-

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98 STAT. 2417

ness Act shall be deemed to be a reference to the date of enactment of this Act. EFFECT OF RARE II

SEC. 5. (a) The Congress finds that— (1) the Department of Agriculture has completed the second roadless area review and evaluation program (RARE II); and (2) the Congress has made its own review and examination of National Forest System roadless areas in the State of Georgia and of the environmental impacts associated with alternative allocations of such areas. (b) On the basis of such review, the Congress hereby determines and directs that— (1) without passing on the question of the legal and factual sufficiency of the RARE II final environmental statement (dated January 1979) with respect to National Forest System lands in States other than Georgia, such statement shall not be subject to judicial review with respect to National Forest System lands in the State of Georgia; (2) with respect to the National Forest System lands in the State of Georgia which were reviewed by the Department of Agriculture in the second roadless area review and evaluation (RARE II) and those lands referred to in subsection (d), that review and evaluation or reference shall be deemed for the purposes of the initial land management plans required for such lands by the Forest and Rangeland Renewable Resources Planning Act of 1974, as amended by the National Forest Management Act of 1976, to be an adequate consideration of the suitability of such lands for inclusion in the National Wilderness Preservation System and the Department of Agriculture shall not be required to review the wilderness option prior to the revisions of the plans, but shall review the wilderness option when the plans are revised, which revisions will ordinarily occur on a ten-year cycle, or at least every fifteen years, unless, prior to such time, the Secretary of Agriculture finds that conditions in a unit have significantly changed; (3) areas in the State of Georgia reviewed in such final environmental statement or referenced in subsection (d) and not designated wilderness upon enactment of this Act shall be managed for multiple use in accordance with land management plans pursuant to section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974, as amended by the National Forest Management Act of 1976: Provided, That such areas need not be managed for the purpose of protecting their suitability for wilderness designation prior to or during revision of the initial land management plans; (4) in the event that revised land management plans in the State of Georgia are implemented pursuant to section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974, as amended by the National Forest Management Act of 1976, and other applicable law, areas not recommended for wilderness designation need not be managed for the purpose of protecting their suitability for wilderness designation prior to or during revision of such plans, and areas recommended for wilderness designation shall be managed for the purpose of protecting their suitability for wilderness designation as may be

Conservation.

Congress.

16 USC 1600 note.

16 USC 1604.

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 98 STAT. 2418

16 USC 1600 note. Prohibition.

16 USC 1132 note.

PUBLIC LAW 98-514—OCT. 19, 1984

required by the Forest and Rangeland Renewable Resources Planning Act of 1974, as amended by the National Forest Management Act of 1976, and other applicable law; and (5) unless expressly authorized by Congress, the Department of Agriculture shall not conduct any further statewide roadless area review and evaluation of National Forest System lands in the State of Georgia for the purpose of determining their suitability for inclusion in the National Wilderness Preservation System. (c) As used in this section, and as provided in section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974, as amended by the National Forest Management Act of 1976, the term "revision" shall not include an "amendment" to a plan. (d) The provisions of this section shall also apply to National Forest System roadless lands in the State of Georgia which are less than five thousand acres in size. (e) The provisions of this section shall not apply to— (1) the Georgia portion of the Big Frog Wilderness Study Area as designated by Public Law 93-622; and (2) the following areas in the Chattahoochee National Forest, Georgia, as generally depicted on a map entitled "Chattahoochee National Forest RARE II Inventory", dated June 1984, and which are known as— (A) "Raven Cliff, comprising approximately nine thousand one hundred acres; (B) "Overflow", comprising approximately five thousand acres; (C) "Blood Mountain", comprising approximately nine thousand four hundred acres; (D) "Chattahoochee River", comprising approximately twenty-one thousand six hundred acres; (E) "Tray Mountain", comprising approximately thirtysix thousand six hundred acres; (F) "Hemp Top", comprising approximately two thousand seven hundred acres; (G) "Mountain Town", comprising approximately six thousand seven hundred acres; (H) "Rich Mountain", comprising approximately fifteen thousand six hundred acres; (I) "Brasstown", comprising approximately three thousand six hundred acres; and

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98 STAT. 2419

(J) "Wolf Pen", comprising approximately seven thousand seven hundred acres. These areas shall be considered for all uses, including wilderness, during preparation of a forest plan for the Chattahoochee National Forest pursuant to section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974, as amended. Approved October 19, 1984.

LEGISLATIVE HISTORY—S. 2773: SENATE REPORT No. 98-611 (Comm. on Agriculture, Nutrition, and Forestry). CONGRESSIONAL RECORD, Vol. 130 (1984): Oct. 2, considered and passed Senate. Oct. 4, considered and passed House.

16 USC i«4.

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 98 STAT. 2420

PUBLIC LAW 98-515—OCT. 19, 1984

Public Law 98-515 98th Congress An Act Oct. 19, 1984 [S. 2808] Mississippi National Forest Wilderness Act of 1984. National Wilderness Preservation System. National Forest System.

16 USC

1132 note.

16 USC 1132 note.

To designate certain National Forest System lands in the State of Mississippi as wilderness, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Mississippi National Forest Wilderness Act of 1984". DESIGNATION OF WILDERNESS AREAS

SEC. 2. In furtherance of the purposes of the Wilderness Act (16 U.S.C. 1131-1136), the following lands in the State of Mississippi are hereby designated as wilderness and, therefore, as components of the National Wilderness Preservation System: (1) certain lands in the De Soto National Forest, Mississippi, which comprise approximately four thousand five hundred and sixty acres, as generally depicted on a map entitled "Proposed Black Creek Wilderness", dated January 1979, and which shall be known as the Black Creek Wilderness; and (2) certain lands in the De Soto National Forest, Mississippi, which comprise approximately nine hundred and forty acres, as generally depicted on a map entitled "Proposed Leaf Wilderness", dated January 1979, and which shall be known as the Leaf Wilderness. MAPS AND DESCRIPTIONS

Public availability.

SEC. 3. As soon as practicable after enactment of this Act, the Secretary of Agriculture shall file a map and a legal description of each wilderness area designated by this Act with the Committee on Interior and Insular Affairs and the Committee on Agriculture of the United States House of Representatives and with the Committee on Agriculture, Nutrition, and Forestry of the United States Senate. Each such map and description shall have the same force and effect as if included in this Act, except that correction of clerical and typographical errors in each such map and description may be made by the Secretary. Each such map and description shall be on file and available for public inspection in the Office of the Chief of the Forest Service, Department of Agriculture. ADMINISTRATION OF WILDERNESS

16 USC 1131 note.

SEC. 4. Subject to valid existing rights, each wilderness area designated by this Act shall be administered by the Secretary of Agriculture in accordance with the provisions of the Wilderness Act governing areas designated by that Act as wilderness, except that any reference in such provisions to the effective date of the Wilderness Act shall be deemed to be a reference to the date of enactment of this Act.

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