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Page:United States Statutes at Large Volume 90 Part 1.djvu/914

 90 STAT. 864

PUBLIC LAW 94-351—JULY 12, 1976 AGRICULTURAL STABILIZATION AND CONSERVATION SERVICE AGRICULTURAL CONSERVATION PROGRAM

89 Stat. 641.

16 USC 590g.

, /

For necessary expenses to carry into effect the program authorized in sections 7 to 15,16 (a), and 17 of the Soil Conservation and Domestic Allotment Act, approved February 29, 1936, as amended and supplemented (16 U.S.C. 590g-590o, 590p(a), and 590q), and sections 1001-1008, and 1010 of the Agricultural Act of 1970, as added by the Agriculture and Consumer Protection Act of 1973 (16 U.S.C. 1501-1508, and 1510), and including not to exceed $15,000 for the preparation and display of exhibits, including such displays at State, interstate, and international fairs within the United States, $105,000,000, for compliance v^ith the programs of soil-building and soil- and water-conserving practices authorized under this head in the Agriculture and Related Agencies Appropriation Act, 1976, entered into during the period July 1, 1975, to December 31, 1976, inclusive: Provided, That no portion of the funds for the current year's program may be utilized to provide financial or technical assistance for drainage on wetlands now designated as Wetland Types 3(111), 4 (IV), and 5(V) in United States Department of the Interior, Fish and Wildlife Circular 39, Wetlands of the United States, 1956: Provided further, That necessary amounts shall be available for administrative expenses in connection with the formulation and administration of the 1977 program of soil-building and soil- and water-conserving practices, including related wildlife conserving practices, and pollution abatement practices, under the Act of February 29, 1936, as amended (amounting to $190,000,000, excluding administration, except that no participant in the Agricultural Conservation Program shall receive more than $2,500, except where the participants from two or more farms or ranches join to carry out approved practices designed to conserve or improve the agricultural resources of the community): Provided further, That such amounts shall be available for the purchase of seeds, fertilizers, lime, trees, or any other conservation material, or any soil-terracing services, and making grants thereof to agricultural producers to aid them in carrying out approved 1970 farming practices to be selected by the county committees under programs provided for herein: Provided further, That no part of the funds in this Act may be used to obtain or require submission of information from participants in this program not required in carrying out the 1970 program: Provided further. That not to exceed 5 per centum of the allocation for the current year's program for any county may, on the recommendation of such county committee and approval of the State committee, be withheld and allotted to the Soil Conservation Service for services of its technicians in formulating and carrying out the Agricultural Conservation Program in the participating counties, and shall not be utilized by the Soil Conservation Service for any purpose other than technical and other assistance in such counties, and in addition, on the recommendation of such county committee and approval of the State committee, not to exceed 1 per centum may be made available to any other Federal, State, or local public agency for the same purpose and under the same conditions: Provided further, That for the current year's program $2,500,000 shall be available for technical assistance in formulating and carrying out rural environmental practices: Provided further, That no part of any funds available to the Department, or any bureau, office, corporation, or other agency constituting a part of such Department, shall be

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Page:United States Statutes at Large Volume 90 Part 1.djvu/915

 PUBLIC LAW 94-351—JULY 12, 1976

90 STAT. 865

used in the current fiscal year for the payment of salary or travel expenses of any person who has been convicted of violating the Act entitled "An Act to prevent pernicious political activities", approved August 2, 1939, as amended, or who has been found in accordance with 53 Stat. 1147. the provisions of title 18 U.S.C. 1913, to have violated or attempted to violate such section which prohibits the use of Federal appropriations for the payment of personal services or other expenses designed to influence in any manner a Member of Congress to favor or oppose any legislation or appropriation by Congress except upon request of any Member or through the proper oilicial channels. FORESTRY INCENTIVES PROGRAM

For necessary expenses not otherwise provided for, to carry out the program of forestry incentives, as authorized in sections 1009 and 1010 of the Agricultural Act of 1970, as added by the Agriculture and Consumer Protection Act of 1973 (16 U.S.C. 1509-1510) including technical assistance and related expenses, $15,000,000. WATER BANK PROGRAM

For necessary expenses to carry into effect the provisions of the AYater Bank Act (16 U.S.C. 1301-1311), $10,000,000, to remain available until expended. EMERGENCY CONSERVATION MEASURES

For emergency conservation measures, to be used for the same purposes and subject to the same conditions as funds appropriated under this head in the Third Supplemental Appropriations Act, 1957, 71 Stat. 176. $10,000,000, with which shall be merged the unexpended balances of funds heretofore appropriated for emergency conservation measures. TITLE III—DOMESTIC FOOD PROGRAMS FOOD AND NUTRITION SERVICE CHILD N U T R I T I O N

PROGRAMS

For necessary expenses to carry out the provisions of the National School Lunch Act, as amended (42 U.S.C. 1751-1761); Public Law 91-248 and the applicable provisions other than section 3 of the Child Nutrition Act of 1966, as amended (42 U.S.C. 1773-1785); $2,751,032,000 of which $959,000,000 shall be derived by transfer from funds available under section 32 of the Act of August 24, 1935 (7 U.S.C. 612c): Provided, That of the foregoing total amount there shall be available $28,000,000 for the nonfood assistance program, and $13,675,000 for the State administrative expenses: Provided further, That funds provided herein shall remain available Tintil expended in accordance with section 3 of the National School Lunch Act, as amended: Provided further, That an additional $80,000,000 shall be transferred to this appropriation from funds available under section 32 of the Act of August 24, 1935 (7 U.S.C. 612c), for purchase and distribution of agricultural commodities and other foods pursuant to section 6 of the National School Lunch Act, as amended: Provided further, That this appropriation shall be available for employment pursuant to the second sentence of section 706(a) of the Organic Act

84 Stat. 207. 42 USC 1772.

42 USC 1752.

42 USC 1755.

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Summa Theologiae/Second Part of the Second Part/Question 84

Question. 84 - OF ADORATION (THREE ARTICLES)
In due sequence we must consider the external acts of latria, and in the first place, adoration whereby one uses one's body to reverence God; secondly, those acts whereby some external thing is offered to God; thirdly, those acts whereby something belonging to God is assumed.

Under the first head there are three points of inquiry:

(1) Whether adoration is an act of latria?

(2) Whether adoration denotes an internal or an external act?

(3) Whether adoration requires a definite place?

Art. 1 - Whether adoration is an act of latria or religion?
Objection 1: It would seem that adoration is not an act of latria or religion. The worship of religion is due to God alone. But adoration is not due to God alone: since we read (Gn. 18:2) that Abraham adored the angels; and (3 Kings 1:23) that the prophet Nathan, when he was come in to king David, "worshiped him bowing down to the ground." Therefore adoration is not an act of religion.

Objection 2: Further, the worship of religion is due to God as the object of beatitude, according to Augustine (De Civ. Dei x, 3): whereas adoration is due to Him by reason of His majesty, since a gloss on Ps. 28:2, "Adore ye the Lord in His holy court," says: "We pass from these courts into the court where we adore His majesty." Therefore adoration is not an act of latria.

Objection 3: Further, the worship of one same religion is due to the three Persons. But we do not adore the three Persons with one adoration, for we genuflect at each separate invocation of Them [*At the adoration of the Cross, on Good Friday]. Therefore adoration is nol an act of latria.

On the contrary, are the words quoted Mat. 4:10: "The Lord thy God shalt thou adore and Him only shalt thou serve."

I answer that, Adoration is directed to the reverence of the person adored. Now it is evident from what we have said (Q[81], AA[2],4) that it is proper to religion to show reverence to God. Hence the adoration whereby we adore God is an act of religion.

Reply to Objection 1: Reverence is due to God on account of His excellence, which is communicated to certain creatures not in equal measure, but according to a measure of proportion; and so the reverence which we pay to God, and which belongs to latria, differs from the reverence which we pay to certain excellent creatures; this belongs to dulia, and we shall speak of it further on (Q[103]). And since external actions are signs of internal reverence, certain external tokens significative of reverence are offered to creatures of excellence, and among these tokens the chief is adoration: yet there is one thing which is offered to God alone, and that is sacrifice. Hence Augustine says (De Civ. Dei x, 4): "Many tokens of Divine worship are employed in doing honor to men, either through excessive humility, or through pernicious flattery; yet so that those to whom these honors are given are recognized as being men to whom we owe esteem and reverence and even adoration if they be far above us. But who ever thought it his duty to sacrifice to any other than one whom he either knew or deemed or pretended to be a God?" Accordingly it was with the reverence due to an excellent creature that Nathan adored David; while it was the reverence due to God with which Mardochai refused to adore Aman fearing "lest he should transfer the honor of his God to a man" (Esther 13:14).

Again with the reverence due to an excellent creature Abraham adored the angels, as did also Josue (Jos. 5:15): though we may understand them to have adored, with the adoration of latria, God Who appeared and spoke to them in the guise of an angel. It was with the reverence due to God that John was forbidden to adore the angel (Apoc. 22:9), both to indicate the dignity which he had acquired through Christ, whereby man is made equal to an angel: wherefore the same text goes on: "I am thy fellow-servant and of thy brethren"; as also to exclude any occasion of idolatry, wherefore the text continues: "Adore God."

Reply to Objection 2: Every Divine excellency is included in His majesty: to which it pertains that we should be made happy in Him as in the sovereign good.

Reply to Objection 3: Since there is one excellence of the three Divine Persons, one honor and reverence is due to them and consequently one adoration. It is to represent this that where it is related (Gn. 18:2) that three men appeared to Abraham, we are told that he addressed one, saying: "Lord, if I have found favor in thy sight," etc. The triple genuflection represents the Trinity of Persons, not a difference of adoration.

Art. 2 - Whether adoration denotes an action of the body?
Objection 1: It would seem that adoration does not denote an act of the body. It is written (Jn. 4:23): "The true adorers shall adore the Father in spirit and in truth." Now what is done in spirit has nothing to do with an act of the body. Therefore adoration does not denote an act of the body.

Objection 2: Further, the word adoration is taken from "oratio" [prayer]. But prayer consists chiefly in an interior act, according to 1 Cor. 14:15, "I will pray with the spirit, I will pray also with the understanding." Therefore adoration denotes chiefly a spiritual act.

Objection 3: Further, acts of the body pertain to sensible knowledge: whereas we approach God not by bodily but by spiritual sense. Therefore adoration does not denote an act of the body.

On the contrary, A gloss on Ex. 20:5, "Thou shalt not adore them, nor serve them," says: "Thou shalt neither worship them in mind, nor adore them outwardly."

I answer that, As Damascene says (De Fide Orth. iv, 12), since we are composed of a twofold nature, intellectual and sensible, we offer God a twofold adoration; namely, a spiritual adoration, consisting in the internal devotion of the mind; and a bodily adoration, which consists in an exterior humbling of the body. And since in all acts of latria that which is without is referred to that which is within as being of greater import, it follows that exterior adoration is offered on account of interior adoration, in other words we exhibit signs of humility in our bodies in order to incite our affections to submit to God, since it is connatural to us to proceed from the sensible to the intelligible.

Reply to Objection 1: Even bodily adoration is done in spirit, in so far as it proceeds from and is directed to spiritual devotion.

Reply to Objection 2: Just as prayer is primarily in the mind, and secondarily expressed in words, as stated above (Q[83], A[12]), so too adoration consists chiefly in an interior reverence of God, but secondarily in certain bodily signs of humility; thus when we genuflect we signify our weakness in comparison with God, and when we prostrate ourselves we profess that we are nothing of ourselves.

Reply to Objection 3: Though we cannot reach God with the senses, our mind is urged by sensible signs to approach God.

Art. 3 - Whether adoration requires a definite place?
Objection 1: It would seem that adoration does not require a definite place. It is written (Jn. 4:21): "The hour cometh, when you shall neither on this mountain, nor in Jerusalem, adore the Father"; and the same reason seems to apply to other places. Therefore a definite place is not necessary for adoration.

Objection 2: Further, exterior adoration is directed to interior adoration. But interior adoration is shown to God as existing everywhere. Therefore exterior adoration does not require a definite place.

Objection 3: Further, the same God is adored in the New as in the Old Testament. Now in the Old Testament they adored towards the west, because the door of the Tabernacle looked to the east (Ex. 26:18 seqq.). Therefore for the same reason we ought now to adore towards the west, if any definite place be requisite for adoration.

On the contrary, It is written (Is. 56:7): "My house shall be called the house of prayer," which words are also quoted (Jn. 2:16).

I answer that, As stated above (A[2]), the chief part of adoration is the internal devotion of the mind, while the secondary part is something external pertaining to bodily signs. Now the mind internally apprehends God as not comprised in a place; while bodily signs must of necessity be in some definite place and position. Hence a definite place is required for adoration, not chiefly, as though it were essential thereto, but by reason of a certain fittingness, like other bodily signs.

Reply to Objection 1: By these words our Lord foretold the cessation of adoration, both according to the rite of the Jews who adored in Jerusalem, and according to the rite of the Samaritans who adored on Mount Garizim. For both these rites ceased with the advent of the spiritual truth of the Gospel, according to which "a sacrifice is offered to God in every place," as stated in Malach. 1:11.

Reply to Objection 2: A definite place is chosen for adoration, not on account of God Who is adored, as though He were enclosed in a place, but on account of the adorers; and this for three reasons. First, because the place is consecrated, so that those who pray there conceive a greater devotion and are more likely to be heard, as may be seen in the prayer of Solomon (3 Kings 8). Secondly, on account of the sacred mysteries and other signs of holiness contained therein. Thirdly, on account of the concourse of many adorers, by reason of which their prayer is more likely to be heard, according to Mat. 18:20, "Where there are two or three gathered together in My name, there am I in the midst of them."

Reply to Objection 3: There is a certain fittingness in adoring towards the east. First, because the Divine majesty is indicated in the movement of the heavens which is from the east. Secondly, because Paradise was situated in the east according to the Septuagint version of Gn. 2:8, and so we signify our desire to return to Paradise. Thirdly, on account of Christ Who is "the light of the world" [*Jn. 8:12; 9:5], and is called "the Orient" (Zech. 6:12). Who mounteth above the heaven of heavens to the east (Ps. 67:34), and is expected to come from the east, according to Mat. 24:27, "As lightning cometh out of the east, and appeareth even into the west; so shall also the coming of the Son of Man be."


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Page:United States Statutes at Large Volume 90 Part 1.djvu/916

 90 STAT. 866

PUBLIC LAW 94-351—JULY 12, 1976 of 1944 (7 U.S.C. 2225), and not to exceed $75,000 shall be available for employment under 5 U.S.C. 3109. SPECIAL M I L K

PROGRAM

For necessary expenses to carry out the provisions of the special milk program, as authorized by section 3 of the Child Nutrition Act of 1966, as amended (42 U.S.C. 1772), $155,000,000. SPECIAL SUPPLEMENTAL POOD PROGRAM

42 USC 1752.

(WIG)

For necessary expenses to carry out the provisions of the special supplemental food program as authorized by section 17 of the Child Nutrition Act of 1966, as amended (42 U.S.C. 1786), $250,000,000: Provided, That funds provided herein shall remain available until expended in accordance with section 3 of the National School Lunch Act, as amended: Provided further, That this appropriation shall be available for employment pursuant to the second sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $75,000 shall be available for employment under 5 U.S.C. 3109. FOOD STAMP PROGRAM

For necessary expenses of the food stamp program pursuant to the 7 USC 2011 note. Food Stamp Act of 1964, as amended, $4,794,400,000: Provided, That funds provided herein shall remain available until expended in 7 USC 2025. accordance with section 16 of the Food Stamp Act of 1964, as amended: Provided further, That this appropriation shall be available for employment pursuant to the second sentence of section 706(a) of the .: ' Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $100,000 shall be available for employment mider 5 U.S.C. 3109: Provided further, That no part of the funds appropriated by this Act shall be used during the fiscal year ending September 30, 1977, to make food stamps available to any household, to the extent that the entitlement otherwise available to such household is attributable to an individual who: (i) has reached his eighteenth birthday; (ii) is enrolled in an institution of higher education; and (iii) is properly claimed as a dependent child for Federal income tax purposes by a taxpayer who is not a member of an eligible household: Provided further, That funds provided herein shall be expended in accordance with section 15(b) of 7 USC 2024. the Food Stamp Act of 1964, as amended. FOOD DONATIONS PROGRAM

For necessary expenses to carry out the provisions of section 4(a) of the Agriculture and Consumer Protection Act of 1973, as amended (7 U.S.C. 612c (note)), $23,166,000, of which $17,000,000 shall be available for the Commodity Supplemental Food Program without regard to whether an area is under the Food Stamp Program. ' '

.,

 * i;;

ELDERLT FEEDING PROGRAM

For necessary expenses to carry out the provisions of Section 707(a) of the Older Americans Act of 1965, as amended, (42 U.S.C. 3045f), $22,000,000.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/917

 PUBLIC LAW 94-351—JULY 12, 1976

90 STAT. 867

TITLE IV—INTERNATIONAL PEOGRAMS FOREIGN AGRICULTURAL

SERVICE

For necessary expenses for the Foreign Agricultural Service, including carrying out title VI of the Agricultural Act of 1954 (7 U.S.C. 1761-1768), market development activities abroad, and for enabling the Secretary to coordinate and integrate activities of the Department in connection with foreign agricultural work, including not to exceed $45,000 for representation allowances and for expenses pursuant to section 8 of the Act approved August 3, 1956 (7 U.S.C. 1766), $39,099,000: Provided, That not less than $255,000 of the funds contained in this appropriation shall be available to obtain statistics and related facts on foreign production and full and complete information on methods used by other countries to move farm commodities in world trade on a competitive basis. PUBLIC LAW

480

For expenses during the current fiscal year, not otherwise recoverable, and unrecovered prior years' costs, including interest thereon, under the Agricultural Trade Development and Assistance Act of 1954, as amended (7 U.S.C. 1701-1710, 1721-1725, 1731-1736d), as follows: (1) sale of agricultural commodities for foreign currencies and for dollars on credit terms pursuant to title I of said Act, 7 USC 1701. $680,465,000 and (2) commodities supplied in connection with dispositions abroad, pursuant to title II of said Act, $488,790,000. 7 USC 1721. TITLE V—RELATED AGENCIES FOOD AND DRUG ADMINISTRATION SALARIES AND EXPENSES

For necessary expenses, not otherwise provided for, of the Food and Drug Administration; for payment of salaries and expenses for services as authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed the per diem rate equivalent to the rate for GS-18; for 5 USC 5332 note, rental of special purpose space in the District of Columbia or elsewhere; for miscellaneous and emergency expenses of enforcement activities, authorized or approved by the Secretary and to be accounted for solely on his certificate, not to exceed $10,000; $241,977,000. BUILDINGS AND FACILITIES

For construction, repair, improvement, extension, alteration, and purchase of fixed equipment or facilities of or used by the Food and • Drug Administration, where not otherwise provided, $3,125,000. COMMODITY FUTURES TRADING COMMISSION

i

For necessary expenses to carry into effect the provisions of the Commodity Exchange Act, as amended (7 U.S.C. 1 et seq.) and Public Law 93^63, approved October 23, 1974; including the purchase and 7 USC 4a note, hire of passenger motor vehicles; the rental of space in the District of Columbia and elsewhere; and not to exceed $125,000 for employ-

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Page:United States Statutes at Large Volume 90 Part 1.djvu/918

 9 0 STAT. 8 6 8

PUBLIC LAW 9 4 - 3 5 1 — J U L Y 12, 1976 ment under 5 U.S.C. 3109, $12,615,000: Provided, That not to exceed $1,000 shall be available for official reception and representation expenses. F A R M CREDIT

ADMINISTRATION

LIMITATION ON ADMINISTRATIVE EXPENSES

Not to exceed $8,429,000 (from assessments collected from farm credit agencies) shall be obligated during the current fiscal year for administrative expenses, including the hire of one passenger motor vehicle. TITLE VI—GENERAL PROVISIONS Passenger motor vehicles.

7 USC 1623a.

Marihuana.

Advancement of funds.

7 USC 2119.

68 Stat. 454.

SEC. 601. W i t h i n the unit limit of cost fixed by law, appropriations and authorizations made for the Department of Agriculture for the fiscal year 1977 under this Act shall be available for the purchase in addition to those specifically provided for, of not to exceed eight hundred and fifty-four (854) passenger motor vehicles, of which six hundred and twenty-one (621) shall be for replacement only, and for the hire of such vehicles. SEC. 602. Funds available to the Department of Agriculture shall be available for uniforms or allowances therefor as authorized by law (5 U.S.C. 5901-5902). SEC. 603. Not less than $1,500,000 of the appropriations of the Department of Agriculture for research and service work authorized by the Acts of August 14, 1946, July 28, 1954, and September 6, 1958 (7 U.S.C. 427, 1621-1629; 42 U.S.C. 1891-1893), shall be available for contracting in accordance with said Acts. SEC. 604. No part of the funds contained in this Act may be used to make production or other payments to a person, persons, or corporations who harvest or knowingly permit to be harvested for illegal use, marihuana, or other such prohibited drug-producing plants on any part of lands owned or controlled by such persons or corporations. SEC. 605. Advances of money from any appropriation for the Department of Agriculture may be made by authority of the Secretary of Agriculture to chiefs of field parties. SEC. 606. None of the funds provided by this Act shall be used to pay the salaries of any person or persons who carry out the provisions of section 610 of the Agricultural Act of 1970, which provides for the transfer of funds to Cotton Incorporated. SEC. 607. Obligations chargeable against the W o r k i n g Capital F u n d during the period October 1, 1976, through September 30, 1977, shall not exceed $50,000,000: Provided, That no funds appropriated to an agency of the Department shall be transferred to the W o r k i n g Capital F u n d except upon the approval of the agency administrator. SEC. 608. New obligational authority provided for the following appropriation items in this Act shall remain available until expended: Scientific Activities Overseas (Special Foreign Currency Program); Public Law 480; R u r a l Housing for Domestic F a r m Labor; Mutual and Self-Help Housing; Watershed and Flood Prevention Operations; Resource Conservation and Development; Forestry Incentives Program; Emergency Conservation Measures; Buildings and Facilities, Food and D r u g Administration; and the appropriation to liquidate contract authorizations for the Agricultural Conservation Prosrram.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/919

 PUBLIC LAW 94-351—JULY 12, 1976 SEC. 609. None of the funds provided in this Act may be used to reduce programs by establishing an end-of-year employment ceiling on permanent positions below the level set herein for the following agencies: Farmers Home Administration, 7,400; Agricultural Stabilization and Conservation Service, 2,473; and Soil Conservation Service, 13,955. SEC. 610. None of the funds contained in this Act shall be used by any State Committee to prevent any County Committee from authorizing the use of aiw funds for any nationally authorized program of the Agricultural Conservation Program. SEC. 611. No part of any appropriation contained in this Act shall remain available for oblig:ations beyond the current fiscal year unless expressly so provided herein. Approved July 12, 1976,

LEGISLATIVE HISTORY: HOUSE REPORTS: No. 94-1224 (Comm. on Appropriations) and No. 94-1303 (Comm. of Conference). SENATE REPORT No. 94-968 (Comm. on Appropriations). CONGRESSIONAL RECORD, Vol. 122 (1976): June 15, 16, considered and passed House. June 23, considered and passed Senate, amended. June 29, House agreed to conference report; receded and concurred in Senate amendments; Senate agreed to conference report.

90 STAT. 869

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Page:United States Statutes at Large Volume 90 Part 1.djvu/920

 90 STAT. 870

PUBLIC LAW 94-352—JULY 12, 1976

Public Law 94-352 94th Congress An Act July 12, 1976 [S. 268] Eagles Nest Wilderness, Colo. Designation. 16 USC 1132 note.

Map and description, filing with congressional committees. 16 USC 1132 note. Administration. 16 USC 1132 note. 16 USC 1131 note. 16 USC 1132 note.

To designate the Eagles Nest Wilderness, Arapaho and White River National Forests, in the State of Colorado.

Be it enacted ty the Senate and House of Representatives of the United States of ATuerica in Congress assembled, That, in accordance with subsection 3(b) of the Wilderness Act (78 Stat. 891; 16 U.S.C. 1132(b)), the area classified as the Gore Range-Eagles Nest Primitive Area, with the proposed additions thereto and deletions therefrom, as generally depicted on a map entitled "Eagles Nest Wilderness—Proposed", dated June 1976, which is on file and available for public inspection in the office of the Chief, Forest Service, Department of Agriculture, is hereby designated as the "Eagles Nest Wilderness" within and as part of the Arapaho and White River National Forests comprising an area of approximately one hundred thirty-three thousand nine hundred ten acres. SEC. 2. As soon as practicable after this Act takes effect, the Secretary of Agriculture shall file a map and a legal description of the Eagles Nest Wilderness with the Committees on Interior and Insular Affairs of the United States Senate and House of Representatives, and such map and description shall have the same force and effect as if included in this Act: Provided, however, That correction of clerical and typographical errors in such map and description may be made. SEC. 3. The Eagles Nest Wilderness 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 areas, except that any reference in such provisions to the effective date of the Wilderness Act shall be deemed to be a reference to the effective date of this Act. SEC. 4. The previous classification of the Gore Range-Eagles Nest Primitive Area is hereby abolished. Approved July 12, 1976.

LEGISLATIVE HISTORY: HOUSE REPORTS: No. 94-939 accompanying H.R. 3863 (Gomm. on Interior and Insular Affairs) and No. 94-1308 (Comm. of eonference). SENATE REPORT No. 94-172 (Comm. on Interior and Insular Affairs). CONGRESSIONAL RECORD: Vol. 121 (1975): June 5, considered and passed Senate. Vol. 122 (1976): Apr. 6, considered and passed House, amended, in lieu of H.R. 3863. ... June 29, House agreed to conference report. , June 30, Senate agreed to conference report.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/921

 PUBLIC LAW 94-353—JULY 12, 1976

90 STAT. 871

Public Law 94-353 94th Congress An Act To amend the Airport and Airway Development Act of 1970.

Be it enacted by the Senate ayid House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Airport and Airway Development Act Amendments of 1976". TITLE I—AIRPORT AND AIRWAY DEVELOPMENT ACT AMENDMENTS

July 12, 1976 [H.R. 9771] Airport and Airway Development Act Amendments of 1976. 49 USC 1701 note.

DECLARATION OF POLICY

SEC. 2. Section 2 of the Airport and Airway Development Act of 1970 (49 U.S.C. 1701) is amended by striking out "June 30, 1980," the first place it appears and inserting in lieu thereof "September 30, 1980," and by striking out everything after "$250,000,000.". DEFINITIONS

SEC. 3. (a) Section 11 of the Airport and Airway Development Act of 1970 (49 U.S.C. 1711) is amended as follows: (1) Paragraph (2) is amended by— (A) striking out "and (B) " and inserting in lieu thereof "and including snow removal equipment, and including the purchase of noise suppressing equipment, the construction of physical barriers, and landscaping for the purpose of diminishing the effect of aircraft noise on any area adjacent to a public airport, (B) "; and (B) striking out the period at the end thereof and inserting in lieu thereof ", and (C) any acquisition of land or of any interest therein necessary to insure that such land is used only for purposes which are compatible with the noise levels of the operation of a public airport.". (2) Paragraph (4) is amended by adding after "feasibility studies," the following: "including the potential use and development of land surrounding an actual or potential airport site,". (3) Before paragraph (1), add the following new paragraph: "(1) 'Air carrier airport' means an existing public airport regularly served, or a new public airport which the Secretary determines ":, will be regularly served, by an air carrier certificated by the Civil Aeronautics Board under section 401 of the Federal Aviation Act of 1958 (other than a supplemental air carrier), and a commuter service 49 USC 1371. airport.". (4) After paragraph (5), add the following new paragraphs: "(6) 'Commuter service airport' means an air carrier airport which is not served by an air carrier certificated under section 401 of the Federal Aviation Act of 1958 and which is regularly served by one or more air carriers operating under exemption granted by the Civil Aeronautics Board from section 401(a) of the Federal Aviation Act of 1958 at which not less than two thousand five hundred passengers

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Page:United States Statutes at Large Volume 90 Part 1.djvu/922

 90 STAT. 872

.."i, 49 USC 1711.

PUBLIC LAW 94-353—JULY 12, 1976 were enplaned in the aggregate by all such air carriers from such airport during the preceding calendar year. "(7) 'General aviation airport'means a public airport which is not an air carrier airport.". (5) After paragraph (12), add the following new paragraph: "(13) 'Reliever airport'means a general aviation airport designated by the Secretary as having the primary function of relieving congestion at an air carrier airport by diverting from such airport general aviation traffic". (b) Section 11 of the A.irport and Airway Development Act of 1970 is amended by renumbering the paragraphs of such section as paragraphs (1) through (21), respectively, and renumbering all references to such paragraphs accordingly. REVISED NATIONAL AIRPORT SYSTEM PLAN

SEC. 4. Section 12 of the Airport and Airway Development Act of 1970 (49 U.S.C. 1712) is amended by adding at the end thereof the following new subsection: "(i) REVISED SYSTEM PLAN.—No later than January 1, 1978, the Secretary shall consult with the Civil Aeronautics Board and with each State and airport sponsor, and, in accordance with this section, prepare and publish a revised national airport system plan for the development of public airports in the United States. Estimated costs contained in such revised plan shall be sufficiently accurate so as to be capable of being used for future year apportionments. In addition to the information required by subsection (a), the revised plan shall include an identification of the levels of public service and the uses made of each public airport in the plan, and the projected airport development which the Secretary deems necessary to fulfill the levels of service and use of such airports during the succeeding ten-year period.". P L A N N I N G GRANTS

Post, p. 877. '

SEC. 5. Section 13(b) of the Airport and Airway Development Act of 1970 (49 U.S.C. 1713) is amended as follows: (1) The side heading is amended by striking out "APPORTIONMENT" and inserting in lieu thereof "LIMITATION". (2) Paragraph (1) is amended by striking out "$75,000,000 and" and inserting in lieu thereof "$150,000,000,". (3) Paragraph (2) is amended to read as follows: "(2) The United States share of any airport master planning grant under this section shall be that per centum for which a project for airport development at that airport would be eligible under section 17 of this Act. In the case of any airport system planning grant under this section, the United States share shall be 75 per centum,". (4) Paragraph (3) is amended by striking out "7.5" and inserting in lieu thereof "10". AIRPORT AND AIRWAY DEVELOPMENT PROGRAM

SEC. 6. (a) Section 14(a) of the Airport and Airway Development Act of 1970 (49 U.S.C. 1714) is amended by adding at the end thereof the following new paragraphs: "(3) For the purpose of developing air carrier airports in the several States, the Commonwealth of Puerto Rico, Guam, American Samoa, the Trust Territory of the Pacific Islands, and the Virgin

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Page:United States Statutes at Large Volume 90 Part 1.djvu/923

 PUBLIC LAW 94-353—JULY 12, 1976

90 STAT. 873

Islands, $435,000,000 for fiscal year 1976, including the period July 1, 1976, through September 30, 1976, $440,000,000 for fiscal year 1977, $465,000,000 for fiscal year 1978, $495,000,000 for fiscal year 1979, and ' '• ' $525,000,000 for fiscal year 1980. "(4) For the purpose of developing general aviation airports in the several States, the Commonvs^ealth of Puerto Eico, Guam, American Samoa, the Trust Territory of the Pacific Islands, and the Virgin Islands, $65,000,000 for fiscal year 1976, including the period July 1, 1976, through September 30, 1976, $70,000,000 for fiscal year 1977, $75,000,000 for fiscal year 1978, $80,000,000 for fiscal year 1979, and $85,000,000 for fiscal year 1980.". (b)(1) Section 14(b) of such Act is amended— 49 USC 1714. (A) by inserting " (1) " immediately before the first sentence; and (B) in the second, third, and fourth sentences, by striking out "subsection" and inserting in lieu thereof "paragraph". (2) Section 14(b) of such Act is further amended by adding at the end thereof the following new paragraph: " (2) The Secretary is authorized to incur* obligations to make grants Grants, for airport development from funds made available under paragraphs (3) and (4) of subsection (a) of this section, and such authority shall exist with respect to funds available for the making of grants for any fiscal year or part thereof pursuant to subsection (a) immediately after such funds are apportioned pursuant to section 15(a) of this title. No Post, p. 874. obligation shall be incurred under this paragraph after September 30, 1980. The Secretary shall not incur more than one obligation under this paragraph with respect to any single project for airport development. Notwithstanding any other provision of this title, no part of any of the funds authorized, or authorized to be obligated, for fiscal year 1980 at the discretion of the Secretary under paragraphs (3)(B) and (4)(C) of section 15(a), and no part of the discretionary funds for reliever airports under such paragraph (4), shall be obligated or otherwise expended except in accordance with a statute enacted after the date of enactment of this sentence.". (c) Section 14(c) of such Act is amended by striking out the period at the end thereof and by inserting in lieu thereof a comma and the following: "not less than $312,500,000 for fiscal year 1976, including the period July 1, 1976, through September 30, 1976, and not less than $250,000,000 per fiscal year for the fiscal years 1977 through 1980.". (d) Section 14(e) of such Act is redesignated as section 14(f) and the following is inserted in section 14 as a new subsection (e): "(e) OTHER EXPENSES.—The balance of the moneys available in the Airport and Airway Ti-ust Fund may be appropriated for (1) costs of services provided under international agreements relating to the joint financing of air navigation services which are assessed against the United States Government, and (2) direct costs incurred by the Secretary to flight check and maintain air navigation facilities referred to in subsection (c) of this section in a safe and efficient condition. Eligible maintenance expenses are limited to costs incurred in the field and exclude the costs of engineering support and planning, direction, and evaluation activities. The amounts appropriated from the Airport and Airway Trust Fund for the purposes of clauses (1) and (2) may not exceed $250,000,000 for fiscal year 1977, $275,000,000 for fiscal year 1978, $300,000,000 for fiscal year 1979, and $325,000,000 for fiscal year 1980. The amounts appropriated in any fiscal year under this subsection may not exceed, when added to the minimum amounts authorized for that year under subsections (a),

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Page:United States Statutes at Large Volume 90 Part 1.djvu/924

 90 STAT. 874

49 USC 1742.

V \' L/R; 49 USC 1714.

^:

 * t ^

PUBLIC LAW 94-353—JULY 12, 1976 (c), and (d) of this section, the amounts transferi-ed to the Airport and Airway Trust Fund for that year under subsection 208(b) of the Airport and Airway Revenue Act of 1970, No part of the amount appropriated from the Airport and Airway Trust Fund in any fiscal year for obligation or expenditure under clause (2) of this subsection shall be obligated or expended which exceeds that amount which bears the same ratio to the maximum amount which may be appropriated under clauses (1) and (2) of this subsection for such fiscal year as the total amount obligated in that fiscal year under paragraphs (3) and (4) of subsection (a) of this section bears to the aggregate of the minimum amount made available for obligation under each such paragraph for such fiscal year.". (e) Paragraph (1) of subsection (f) (as redesignated by this section) of section 14 of the Airport and Airway Development Act of 1970 is amended by striking out "subsections (c) and (d) of this section, as amended" and by inserting in lieu thereof "this section". (f) Paragraph (2) of subsection (f) (as redesignated by this section) of section 14 of the Airport and Airway Development Act of 1970 is amended by striking out "subsections (a) and (c)" and inserting in lieu thereof "subsections (a), (c), (d) and the third sentence of subsection (e)". (g) Paragraph (3) of subsection (f) (as redesignated by this section) of section 14 of the Airport and Airway Development Act of 1970 is amended by striking out "subsection (d)." and inserting "subsection (e),". DISTRIBUTION

Ante, p. 872.

OF FUNDS

,•

SEC. 7. (a) Section 15(a) of the Airport and Airway Development Act of 1970 (49 U.S.C. 1715) is amended by renumbering paragraphs (3) and (4) as (5) and (6), respectively, and by inserting immediately following paragraph (2) the following new paragraphs: "(3) As soon as possible after the date of enactment of this paragraph for fiscal year 1976, including the period July 1, 1976, through September 30, 1976, and on the first day of each fiscal year which begins on or after Octol^er 1, 1976, for which any amount is authorized to be obligated for the purposes of paragraph (3) of section 14(a) of this part, the amount made available for that year shall be apportioned by the Secretary as follows: "(A) To each sponsor of an air carrier airport (other than a commuter service airport) as follows: "(i) $6.00 for each of the first fifty thousand passengers enplaned at that airport. "(ii) $4.00 for each of the next fifty thousand passengers enplaned at that airport. "(iii) $2.00 for each of the next four hundred thousand passengers enplaned at that airport. "(iv) $0.50 for each passenger enplaned at that airport over five hundred thousand. No air carrier airport (other than a commuter service airport) — " (I) served by air carrier aircraft heavier than 12,500 pounds maximum certificated gross takeoff weight, or previously served, on or after September 30, 1968, by air carrier aircraft heavier than 12,500 pounds maximum certificated gross takeoff weight and presently served by air carrier aircraft 12,500 pounds or less maximum certificated gross takeoff weight, shall receive under this subparagraph less than $187,500 or more than $12,500,000 for fiscal year 1976, includ-

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Page:United States Statutes at Large Volume 90 Part 1.djvu/925

 PUBLIC LAW 94-353—JULY 12, 1976

90 STAT. 875

ing the period July 1, 1976 through September 30, 1976, and less than $150,000 or more than $10,000,000 per fiscal year • for fiscal years 1977 through 1980; and " ( II) served by air carrier aircraft 12,500 pounds or less maximum certificated gross takeoff weight which, since September 29, 1968, has never been regularly served by air carrier aircraft heavier than 12,500 pounds maximum certificated ' ^' gross takeoff weight shall receive under this subparagraph less than $62,500 or more than $12,500,000 for fiscal year 1976, including the period July 1, 1976, through September 30, 1976, and less than $50,000 or more than $10,000,000 per fiscal year for fiscal years 1977 through 1980. In no event shall the total amount of all apportionments under this subparagraph (A) for any fiscal year exceed twothirds of the amount authorized to be obligated for the purposes of paragraph (3) of section 14(a) of this part for such fiscal year. In any case in which an apportionment would be reduced by the preceding sentence, the Secretary sihall for .- K. such fiscal year reduce the apportionment to each sponsor of an air carrier airport proportionately so that such two-thirds amount is achieved. "(B) Any amount not apportioned under subparagraph (A) of this paragraph shall be distributed at the discretion of the Secretary as follows: "(i) $18,750,000 for fiscal year 1976, including the period July 1, 1976, through September 30, 1976, and $15,000,000 per fiscal year for the fiscal years 1977 through 1980, to commuter service airports. "(ii) The remainder of such amount to air carrier airports. "(4) As soon as possible after the date of enactment of this paragraph for fiscal year 1976, including the period July 1, 1976, thi-ough September 30, 1976, and on the first day of each fiscal year which begins on or after October 1, 1976, for which any amount is authorized to be obligated for the purposes of paragraph (4) of section 14(a) of this part, the amount made available minus $18,750,000 in the case of Ante, p. 872. fiscal year 1976, including such period, and minus $15,000,000 in the case of each of the fiscal years 1977 through 1980, shall be apportioned by the Secretary as follows: "(A) 75 per centum for the several States, one-half in the proportion which the population of each State bears to the total population of all the States, and one-half in the proportion which the area of each State bears to the total area of all the States. "(B) 1 per centum for the Commonwealth of Puerto Rico, Guam, American Samoa, the Trust Territory of the Pacific Islands, and the Virgin Islands to be distributed at the discretion of the Secretary. "(C) 24 per centum to be distributed at the discretion of the Secretary to general aviation airports. $18,750,000 of the amount made available for fiscal year 1976, including such period, and $15,000,000 of the amount made available for each of the other fiscal years shall be distributed at the discretion of the Secretary to reliever airports.". (b) Paragraph (5) of such section 15(a) (as renumbered by this 49 USC 1715. section) is amended by inserting after "(2)(A) " the following "or (4)(A)", by inserting after " (1)(B) " the following "or (3)(A)", and by adding at the end thereof the following new sentence: "For

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Page:United States Statutes at Large Volume 90 Part 1.djvu/926

 90 STAT. 876

49 USC 1715.

Enplanements. 49 USC 1715 note. Ante, p. 874.

PUBLIC LAW 94-353—JULY 12, 1976 purposes of this paragraph funds apportioned pursuant to this section for fiscal year 1976, including the period July 1, 1976, through September 30, 19*96, shall be available for obligation for the same period of time as if such funds were apportioned for fiscal year 1976 exclusive of such period.". (c) Section 15(b)(2) of the Airport and Airway Development Act of 1970 is amended by striking out " (3) " and inserting in lieu thereof "(5)". (d) The first sentence of subsection (c) of section 16 of the Airport and Airway Development Act of 1970 is amended to read as follows: "The Secretary shall inform each air carrier airport sponsor and the Goveinor of each State, or the chief executive officer of the equivalent jurisdiction, as the case may be, on April 1 of each year of the estimated amount of the apportionment to be made on October 1 of that year.". (e) In making the apportionment for fiscal year 1976, including the period July 1, 1976, through September 30, 1976, under section 15(a)(3)(A) of the Airport and Airway Development Act of 1970, the Secretary of Transportation shall increase the number of enplanements at each airport by 25 percent. PROJECT APPROVAL

Ante, p. 872.

SEC. 8. (a) The first sentence of subsection (a) of section 16 of the Airport and Airway Development Act of 1970 (49 U.S.C. 1716) is amended by inserting after project application" the following "for one or more projects". The second sentence of subsection (a) of section 16 of the Airport and Airway Development Act of 1970 is amended by striking out "No" and inserting in lieu thereof "Until July 1, 1975, no". Such section 16(a) is further amended by adding at the end thereof the following new sentences: "After June 30, 1975, no project application shall propose airport development except in connection with the following airports included in the current revision of the national airport system plan formulated by the Secretary under section 12 of this Act: (1) air carrier airports, (2) commuter service airports, (3) reliever airports, and (4) general aviation airports (A) which are regularly served by aircraft transporting United States mail, or (B) which are regularly used by aircraft of a unit of the Air National Guard or of a Reserve component of the Armed Forces of the United States, or (C) which the Secretary determines have a significant national interest. Except as provided in subsection (g), all proposed development shall be in accordance with standards established by the Secretary, including standards for site location, airport layout, grading, drainage, seeding, paving, lighting, and safety of approaches.". (b) Section 16 of the Airport and Airway Development Act of 1970 is amended by adding at the end thereof the following new subsections: "(g) STATE STANDARDS.—

Grants.

"(1) The Secretary is authorized to make grants to any State, upon application therefor, for not to exceed 75 per centum of the cost of developing standards for airport development at general aviation airports in such State, other than standards for safety of approaches. The aggregate of all grants made to any State under this paragraph shall not exceed $25,000.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/927

 PUBLIC LAW 94-353—JULY 12, 1976 "(2) The Secretary is authorized to approve standards established by a State for airport development at general aviation airports in such State, other than standards for safety of approaches, and upon such approval such State standards shall be the standards applicable to such general aviation airports in lieu of any comparable standard established under subsection (a) of this section. State standards approved under this subsection may be revised, from time to time, as the State or the Secretary determines necessary, subject to approval of such revisions by the Secretary. "(3) There is authorized to be appropriated out of the Airport and Airway Trust Fund not to exceed $1,275,000 to carry out this subsection. "(h) The Secretary is authorized in connection with any project to accept a certification from a sponsor or a planning agency that such sponsor or agency will comply with all of the statutory and administrative requirements imposed on such sponsor or agency under this Act in connection with such project. Acceptance by the Secretary of a certification from a sponsor or agency may be rescinded by the Secretary at any time if, in his opinion, it is necessary to do so. Nothing in this subsection shall affect or discharge any responsibility or obligation of the Secretary under any other Federal law, including the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), section 4(f) of the Department of Transportation Act (49 U.S.C. 1652), title VI of the Civil Eights Act of 1964 (42 U.S.C. 2000b), title VIII of the Act of April 11, 1968 (42 U.S.C. 3601 et seq.), and the Uniform Relocation Assistance and Land Acquisition Policies Act of 1970 (42 U.S.C. 4601 et seq.).". (c) Section 12(a) of the Airport and Airway Development Act of 1970 is amended by adding at the end thereof the following new sentence: "After June 30, 1975, the Secretary shall not include in the national airport system plan any airport which is not eligible for airport development grants under the next to the last sentence of section 16(a) of this title, except that nothing in this sentence shall require the Secretary to remove from the national airport system plan any airport in such plan on June 30, 1975.". UNITED STATES SHARE

SEC. 9. (a) Section 17(a) of the Airport and Airway Development Act of 1970 (49 U.S.C. 1717) is amended by striking out everything after "section 16" and inserting in lieu thereof the following: "of this part— "(^1) may not exceed 50 per centum of the allowable project costs in the case of grants made from funds for fiscal years 1971, 1972, and 1973, and may not exceed 50 per centum for sponsors whose airports enplane not less than 1 per centum of the total annual passengers enplaned by air carriers certificated by the Civil Aeronautics Board, and may not exceed 75 per centum for sponsors w-hose airports enplane less than 1 per centum of the total annual passengers enplaned by air carriers certificated by the Civil Aeronautics Board and for sponsors of general aviation or reliever airports, in the case of grants made from funds for fiscal years 1974 and 1975; and " (2)(A) shall be 90 per centum of the allowable project costs in the case of grants from funds for fiscal year 1976, including the period July 1, 1976, through September 30, 1976, and for fiscal years 1977 and 1978, and shall be 80 per centum of the allowable

90 STAT. 877

Appropriation authorization.

49 USC 1653. 42 USC 2000d.

49 USC 1712.

Ante, p. 876

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Page:United States Statutes at Large Volume 90 Part 1.djvu/928

 90 STAT. 878

PUBLIC LAW 94-353—JULY 12, 1976

Ante, p. 874.

.

Repeal.

project costs in the case of grants from funds for fiscal years 1979 and 1980, (i) for each air carrier airport (other than a commuter service airport) which enplanes less than one-quarter of 1 per centum of the total annual passengers enplaned as determined for purposes of making the latest annual apportionment under section 15(a)(3) of this Act, (ii) for each commuter service airport, and (iii) for each general aviation airport; and "(B) shall be 75 per centum of the allowable project costs in the case of all other airports.". (b) Section 17(b) of such Act (49 U.S.C. 1717) is amended by adding at the end thereof the following new sentence: "In no event shall such United States share, as increased by this subsection, exceed the greater of (1) the percentage share determined under subsection (a) of this section, or (2) the percentage share applying on June 30, 1975, as determined under this subsection.". (c) Section 17(c) is amended by striking out "The" and inserting in lieu thereof "For fiscal years 1971 through 1975, the ". (d) Section 17(d) of such Act is amended by striking out everything after "share" and inserting in lieu thereof "shall be the same percentage as is otherwise applicable to such project.". (e) Section 17(e) of such Act is hereby repealed. PROJECT

... ^

49 USC 1371, 1372.

SPONSORSHIP

SEC. 10. (a) Section 18 of the Airport and Airway Development Act of 1970 (49 U.S.C. 1718) is amended by inserting "(a) SPONSORSHIP.—" immediately before "As a condition precedent", by striking out "section." at the end of such section and inserting in lieu thereof "subsection.", and by adding at the end thereof the following new subsection: "(b) CONSULTATION.—In making a decision to undertake any project under this title, any sponsor of an air carrier airport shall consult with air carriers using the airport at which such airport development project is proposed and any sponsor of a general aviation airport shall consult with fixed-base operators using the airport at which such airport development project is proposed.". (b) Paragraph (8) of subsection (a) of section 18 of the Airport and Airway Development Act of 1970 (as redesignated by subsection (a) of this section) is amended by striking out the semicolon and inserting in lieu thereof the following: ", except that no part of the Federal share of an airport development project for which a grant is made under this title or under the Federal Airport Act (49 U.S.C. 1101 et seq.) shall be included in the rate base in establishing fees, rates, and charges for users of that airport;". (c) Paragraph (1) of section 18(a) of the Airport and Airway Development Act of 1970 (as redesignated by subsection (a) of this section) is amended by striking out the semicolon and inserting in lieu thereof the following: ", including the requirement that (A) each air carrier, authorized to engage directly in air transportation pursuant to section 401 or 402 of the Federal Aviation Act of 1958, using such airport shall be subject to nondiscriminatory and substantially comparable rates, fees, rentals, and other charges and nondiscriminatory and substantially comparable rules, regulations, and conditions as are applicable to all such air carriers which make similar use of such airport and which utilize similar facilities, subject to reasonable classifications such as tenants or nontenants, and combined passenger and cargo flights or all cargo flights, and such classification or status

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Page:United States Statutes at Large Volume 90 Part 1.djvu/929

 PUBLIC LAW 9 4 - 3 5 3 — J U L Y 12, 1976 as tenant shall not be unreasonably withheld by any a i r p o r t provided an air carrier assumes obligations substantially similar to those already imposed on tenant air carriers, and (B) each fixed-based operator using a general aviation airport shall be subject to the same rates, fees, rentals, and other charges as are uniformly applicable to all other fixed-based operators making the same or similar uses of such airport utilizing the same or similar facilities;". (d) The amendment made to section 18(a)(1)(A) of the A i r p o r t D.nd A i r w a y Development Act of 1970 (as amended by subsection (c) of this section) shall not require the reformation of any lease or other contract entered into by an airport before the date of enactment of this Act. The amendment made to section 18(a)(1)(B) of the A i r p o r t and A i r w a y Development Act of 1970 (as amended by subsection (c) of this section) shall not require the reformation of any lease or other contract entered into by an airport before July 1, 1975.

90 STAT. 8 7 9

Leases, reformation.

49 USC 1718 note.

MULTIYEAR PROJECTS

SEC. 11. Section 19 of the A i r p o r t and A i r w a y Development Act of 1970 (49 U.S.C. 1719) is amended by inserting immediately after the t h i r d sentence the following new sentence: " I n any case where the Secretary approves an application for a project which will not be completed in one fiscal year, the offer shall, upon request of the sponsor, provide for the obligation of funds apportioned or to be apportioned to the sponsor pursuant to section 15(a)(3)(A) of this title for such fiscal years (including future fiscal years) as may be Ante, p. 874. necessary to pay the United States share of the cost of such project.". TERMINAL DEVELOPMENT PROJECT COSTS

SEC. 12. (a) Section 20 of the A i r p o r t and A i r w a y Development Act of 1970 (49 U.S.C. 1720) is amended by redesignating subsection (b) as subsection (c) and inserting immediately after subsection (a) the following new subsection: "(b)

TERMINAL DE\'ELOPMENT.—

- '•

" '

" (1) Notwithstanding any other provision of this title, upon certification by the sponsor of any air carrier a i r p o r t that such airport has, on the date of submittal of the project application, all the safety and security equipment required for certification of such airport under section 612 of the Federal Aviation Act of 1958, and has provided for 49 USC 1432. access to the passenger enplaning and deplaning area of such airport to passengers enplaning or deplaning from aircraft other than air carrier aircraft, the Secretary may approve, as allowable project costs of a project for airport development at such airport, terminal development (including multimodal terminal development) in nonrevenue producing public-use areas which are directly related to the movement of passengers and baggage in air commerce within the boundaries of the airport, including, but not limited to, vehicles for the movement of passengers between terminal facilities or between terminal facilities and aircraft. " (2) Only sums apportioned under section 1 5 (a)(3)(A) to the sponsor of an air carrier airport shall be obligated for project costs allowable under paragraph (1) of this subsection in connection with airport development at such airport, and no more than 60 per centum of such sums apportioned for any fiscal year shall be obligated for such costs.

89-194 0—78—pt. 1-

-59

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Page:United States Statutes at Large Volume 90 Part 1.djvu/930

 90 STAT. 880 Ante, p. 874.

Ante, p. 877,

49 USC 1720.

PUBLIC LAW 94-353—JULY 12, 1976 "(3) Sums apportioned under section 15(a)(3)(A) to the sponsor of an air carrier airport at which terminal development was carried out on or after July 1, 1970, and before the date of enactment of this paragraph shall be available, subject to the limitations contained in paragraph (2) of this subsection, for the immediate retirement of the principal of bonds or other evidences of indebtedness the proceeds of which were used for that part of the terminal development at such airport the cost of which is allowable under paragraph (1) of this subsection subject to the following conditions: " (A) That such sponsor submits the certification required under paragraph (1) of this subsection. "(B) That the Secretary determines that no project for airport development at such airport outside the terminal area will be deferred if such sums are used for such retirement. "(C) That no funds available for airport development under this Act shall be obligated for any project for additional terminal development at such airport for a period of three years beginning on the date any such sums are used for such retirement. "(4) Notwithstanding section 17, the United States share of project c'jsts allowable under paragraph (1) of this subsection shall be 50 per centum. "(5) The Secretary shall approve project costs allowable under paragraph (1) of this subsection under such terms and conditions as may be necessary to protect the interests of the United States.". (b) Subsection (c) of such section 20 (as relettered by this section) is amended by striking out "The" and inserting in lieu thereof the following: "Except as provided in subsection (b) of this section, the". STATE DEMON STRATIOX PROGRAMS

SEC. 13. The Airport and Airway Development Act of 1970 (49 U.S.C. 1701 et seq.) is amended by inserting immediately after section 27 the following new section: 49 USC 1728.

"SEC. 28. STATE DEMONSTRATION PROGRAMS. " (a) DEMONSTRATION PROGRAMS.—If the Secretary determines, after

review of the certification required by subsection (b) of this section, that a State is capable of managing a demonstration program for administering United States grants for general aviation airports in that State, the Secretary may make a grant for such purpose to such State of funds apportioned to it under section 15(a)(4)(A) of this Act and of any part of the discretionary funds available under section 15(a)(4)(C) of this Act. Such a grant shall be conditioned on a requirement that such State grant funds to airport sponsors in the same manner and subject to the same conditions as the Secretary imposes in making grants to such sponsors under this title. "(b) CERTIFICATION REQUIREMENTS.—If a State wishes to manage a demonstration program for administering United States grants for general aviation airports, the Governor or the chief executive officer of such State shall certify to the Secretary, in the form and manner prescribed by the Secretary, that— "(1) the State complies with all eligibility requirements and criteria established by this section and by the secretary; "(2) such State's participation in the demonstration program has been specifically authorized by an action of such State's legislature duly taken after the date of enactment of this section, or if such State's legislature is not in regular session on such date and

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Page:United States Statutes at Large Volume 90 Part 1.djvu/931

 PUBLIC LAW 94-353—JULY 12, 1976

90 STAT. 881

will not meet again in regular session before January 1, 1977, such participation has been authorized by such State's Governor or chief executive officer; and "(3) such State's legislature has authorized the appropriation of State funds for the development of general aviation airports in such State during the period for which funds are sought under this section. "(c) RESTRICTIONS.—The Secretary shall not, pursuant to this section— "(1) enter into demonstration projects in more than four States; " (2) allow any funds granted to States to be used to pay costs incurred by the States in administering the demonstration programs; "(3) initiate any demonstration program after January 1. 1977; and " (4) make a grant to any State after September 30, 1978. "(d) REPORT.—The Secretary shall evaluate and report to Congress, not later than March 31, 1978, on the results of any demonstration programs assisted under this section,". AIR CARRIER AIRPORT DESIGNATION AND CIVIL RIGHTS

SEC. 14. The Airport and Airway Development Act of 1970 (49 U.S.C. 1701 et seq.) is amended by inserting immediately after section 28 (as added by the preceding section of this Act) the following new sections: "SEC. 29. AIR CARRIER AIRPORT DESIGNATION.

"Notwithstanding any other provision of this title, in the case of any public airport at which (A) an air carrier was or is certificated by the Civil Aeronautics Board under section 401 of the Federal Aviation Act of 1958 (49 U.S.C. 1371) to serve a city served through such airport, and (B) either (i) service to such city by every such certificated air carrier has been suspended as authorized by the Civil Aeronautics Board, or (ii) authority to serve such city has been deleted from the certificates of every such air carrier by the Civil Aeronautics Board after the date of enactment of this section, and (C) such airport is served by an intrastate air carrier operating in intrastate air transportation within the meaning of sections 101(22) and 101(23) of the Federal Aviation Act of 1958 (49 U.S.C. 1301), such airport shall be deemed to be an air carrier airport (other than a commuter service airport) for the purposes of this title. "SEC. 30. CIVIL RIGHTS.

49 USC 1729.

• < y-y' v;

49 USC 1730.

"The Secretary shall take affirmative action to assure that no person shall, on the grounds of race, creed, color, national origin, or sex, be excluded from participating in any activity conducted with funds received from any grant made under this title. The Secretary shall Rules, promulgate such rules as he deems necessary to carry out the purposes of this section and may enforce this section, and any rules promulgated under this section, through agency and department provisions and rules which shall be similar to those established and in effect under title VI of the Civil Eights Act of 1964. The pro- 42 USC 2000d. visions of this section shall be considered to be in addition to and not in lieu of the provisions of title VI of the Civil Rights Act of 1964.".

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Page:United States Statutes at Large Volume 90 Part 1.djvu/932

 90 STAT. 882

PUBLIC LAW 94-353—JULY 12, 1976 L I M I T I N G CHARGES FOR GOVERNMENT INSPECTION OF PERSONS AND PROPERTY

Effective date.

49 USC 1741 note.

SEC. 15. (a) Section 53 of the Airport and Airway Development Act of 1970 (49 U.S.C. 1741) is amended by adding at the end thereof the following new subsection: "(e) The cost of any inspection or quarantine service which is required to be performed by the Federal Government or any agency thereof at airports of entry or other places of inspection as a consequence of the operation of aircraft, and which is performed during regularly established hours of service on Sundays or holidays shall be reimbursed by the owners or operators of such aircraft only to the same extent as if such service had been performed during regularly established hours of service on weekdays. Notwithstanding any other provision of law, administrative overhead costs associated with any inspection or quarantine service required to be performed by the United States Government, or any agency thereof, at airports of entry as a result of the operation of aircraft, shall not be assessed against the owners or operators thereof.". (b) The amendment made by subsection (a) of this section shall take effect January 1, 1977. PURCHASE REPORTS

SEC. 16. Section 303(e) of the Federal Aviation Act of 1958 (49 U.S.C. 1344) is amended by striking out ''Interstate and Foreign Commerce"' and inserting in lieu thereof "Public Works and Transportation". AIRPOr.T SECURITY I N

ALASKA

SEC. 17. (a) The Federal Aviation Act of 1958 (49 U.S.C. 1432 et seq.) is amended by adding at the end of title III thereof the following new section: a AIRPORT SECURITY I N

49 USC 1358. 49 USC 1356, 1357. 49 USC 1371.

ALASKA

"SEC. 317. The Administrator is authorized to exempt from the provisions of sections 315 and 316 of this Act those airports in Alaska which receive service only from air carriers operating under certificates granted by the Civil Aeronautics Board under section 401 of this Act, which operate aircraft having a maximum certificated gross takeoff weight of less than 12,500 pounds, and which do not enplane any passenger, or any property intended to be carried in the aircraft cabin, which passenger or property is moving in air transportation and will not be subject to screening in accordance with such section 315 at an airport in Alaska before such passenger or property is enplaned for any point outside Alaska.". (b) That portion of the table of contents contained in the first section of such Act which appears under the center heading " TITLE III — ORGANIZATION OF A G E N C Y A N D P O W E R S A N D D U T I E S OF ADMINISTRATOR"

is amended by adding at the end thereof the following new sideheading: "Sec. 317. Airport security in Alaska.".

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Page:United States Statutes at Large Volume 90 Part 1.djvu/933

 PUBLIC LAW 94-353—JULY 12, 1976

90 STAT. 883

AIR TRANSPORTATION OF PERSONS OR PROPERTY

SEC. 18. (a) Section 401 of the Federal Aviation Act of 1958 (49 U.S.C. 1371) is amended by adding at the end thereof the following new subsection: " (o)(l) Except as provided in paragraph (2) of this subsection, transportation of persons or property by transport category aircraft in interstate air transportation prooured by the Department of Defense, including military departments within such Department, through contracts of more than 30 days duration for airlift service within the United States, shall be provided only by carriers which (1) have aircraft in the civil reserve air fleet or offer to place aircraft in such fleet, and (2) hold certificates under this section. Applications for certification under subsection (a) of this section for the purpose of providing the service referred to in this subsection shall be acted on expeditiously by the Board. "(2) In any case in which the Secretary of Defense determines that no air carrier certificated under subsection (a) of this section is capable of providing and willing to provide the type of service described in paragraph (1) of this subsection, he may contract with an air carrier which does not hold a certificate under this section.". (b) That portion of the table of contents contained in the first section of such Act which appears under the side heading "Sec. 401. Certificate of Public Convenience and Necessity." is amended by adding at the end thereof the following: " (o) Air transportation of persons or property.". ISSUANCE o r

AIRPORT OPERATING

?«

^^ . s*'

CERTIFICATES

SEC. 19. (a) Section 612 of the Federal Aviation Act of 1958 (49 U.S.C. 1432; is amended by adding at the end thereof the following new subsection: "EXEMPTION

'•(c) The Administrator may exempt any operator of an air carrier airport enplaning annually less than one-quarter of 1 percent of the total number of passengers enplaned at all air carrier airports from the requirements imposed by subsection (b) of this section relating to firehghting and rescue equipment if he hnds that such requirements are, or would be, unreasonably costly, burdensome, or impractical.". (b) That portion of the table of contents contained in tjfie first section of such Act which appears under the side heading "Sec. 612. Airport operating certificates." is amended by adding at the end thereof the following: "(c) Exemption.". AIRPORT

'^'^^^

STUDY

S E C 20. The Secretary of Transportation shall conduct a study of airports in areas where land requirements, local taxes, or a low revenue return per acre may close such airports. This study, the results of which shall be reported to Congress by January 1, 1978, shall include the identification of those locations which may be converted to nonaviation uses and recommendations concerning methods for preserving those airports which in the Secretary's judgment should be preserved in the public interest.

49 USC 1724 ""^e. Report to Congress,

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Page:United States Statutes at Large Volume 90 Part 1.djvu/934

 90 STAT. 884

PUBLIC LAW 94-353—JULY 12, 1976 CIVIL AVIATIOX INFORMATION DISTRIBUTION

49 USC 1346a. .

'

SEC. 21. In furtherance of his mandate to promote civil aviation, the Secretary of Transportation acting through the Administrator of the Federal Aviation Administration shall take such action as he may deem necessary, within available resources, to establish a civil aviation information distribution program within each region of the Federal Aviation Administration. Such program shall be designed so as to provide State and local school administrators, college and university officials, and officers of civil and other interested organizations, upon request, with informational materials and expertise on various aspects of civil aviation. PROHIBITIOX

49 USC 1348 note.

PROGRAM

OF F L I G H T SERVICE STATION

CLOSURES

SEC. 22. For the three year period beginning on the date of enactment of this Act, the Secretary of Transportation shall not close or operate by remote control any existing flight service station operated by the Federal xAviation Administration, except (A) for part-time operation by remote control during low-activity periods, and (B) for the purpose of demonstrating the quality and effectiveness of service at a consolidated flight service station facility, not more than five flight service stations, at the discretion of the Secretary, may be closed or operated by remote control from not more than one air route traffic control center. Nothing in this section shall preclude the physical separation of a combined fliglit service station and tower facility, the operation by remote control of the flight service station portion of a combined flight service station and tower facility from another flight service station, or the relocation of an existing flight service station at another site within the same flight service area if such flight service station continues to provide the same service to airmen without interruption. DEMONS'lTtATION PROJECT

49 USC 1713 note.

Ante, p. 872.

SEC. 23. (a)(1) The Secretary of Transportation is authorized to undertake demonstration projects related to ground transportation services to airports which he determines will assist the improvement of the Nation's airport and airway system, and consistent regional airport system plans funded pursuant to section 13(b) of the Airport and Airway Development Act of 1970, by improving ground access to air carrier airport terminals. He may undertake such projects independently or by grant or contract (including working agreements with other Federal departments and agencies). (2) In determining projects to be undertaken under this subsection, the Secretary of Transportation shall give priority to those projects which (A) affect airports in areas with operating regional rapid transit systems with existing facilities within reasonable proximity to such airports, (B) include connection of the airport terminal facilities to such systems, (C) are consistent with and supportive of a regional airport system plan adopted by the planning agency for the region and submitted to the Secretary*^ and (D) will improve access for all persons residing or working within the region to air transport through the encouragement of an optimum balance of use of airports in the region.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/935

 PUBLIC LAW 94-353—JULY 12, 1976 (b)(1) The Secretary of Transportation is authorized to undertake a demonstration project at South Bend, Indiana, for a multimodal terminal building and facilities for the intermodal transfer of passengers and baggage between and among the interconnecting air, rail, and highway transportation routes and facilities. He may undertake such project independently or by grant or contract (including working agreements with other Federal departments and agencies). (2) There is authorized to be appropriated to carry out this subsection not to exceed $3,000,000.

90 STAT. 885

Appropriation authorization.

COMPENSATION FOR REQUIRED SECURITY MEASURES I N FOREIGN AIR TRANSPORTATION

SEC. 24. (a) The Secretary of Transportation shall compensate any air carrier certificated by the Civil xVeronautics Board under section 401 of the Federal Aviation Act of 1958 (49 U.S.C. 1371) which requests such compensation for that portion of the amount expended by such air carrier for security screening facilities and procedures as required by section 315(a) of such Act (49 U.S.C. 1356(a)), and any regulation issued pursuant thereto, which is attributable to the screening of passengers moving in foreign air transportation. An air carrier shall have any compensation authorized to be paid it under this section reduced by the amount (if any) by which the revenue of such carrier which is attributable to the cost of security screening facilities and procedures used in intrastate, interstate, and overseas air transportation exceeds the actual cost to such carrier of such facilities. The Secretary may issue such regulations as he deems necessary to carry out the purpose of this section. (b) The terms used in this section which are defined in the Federal Aviation Act of 1958 shall have the same meaning as such terms have in such Act. (c) There is authorized to be appropriated out of the Airport and Airway Trust Fund to carry out this section not to exceed $3,750,000 for fiscal year 1976, including the period July 1, 1976, through September 30, 1976, and $3,000,000 per fiscal year for the fiscal years 1977 and 1978. REDUCTION

or

NONESSENTIAL

49 USC 1356a.

49 USC 1301 note. Appropriation authorization,

EXPENDITURES

SEC. 25. The Secretary of Transportation shall, in accordance with 49 USC 1704. this section, attempt to reduce, to the maximum extent practicable consistent with the highest degree of aviation safety, the capital, operating, maintenance, and administrative costs of the national airpoit and airway system. The Secretary shall, at least annually, consult with and give due consideration to the views of users of such system on methods of reducing nonessential Federal expenditures for aviation. The Secretary shall give particular attention to any recommendations which could reduce, without any adverse effects on safety, future Federal manpower requirements and costs which are requiied to be recouped from charges on such users. SPECIAL STUDIES

SEC. 26. The Secretary of Transportation shall conduct studies with respect to— (1) the feasibility, practicability, and cost of land bank planning and development for future and existing airports, to be carried out through Federal, State, or local government action;

49 USC 1702 note.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/936

 9 0 STAT. 8 8 6

^

Consultation. Report to Congress.

PUBLIC LAW 9 4 - 3 5 3 — J U L Y 12, 1976 (2) the establishment of new major public airports i n the United States, including (A) identifying potential locations, (B) evaluating such locations, and (C) nivestigating alternative methods of financing the land acquisition and development costs necessary for such establishment; and (3) the feasibility, practicability, and cost of the soundproofing of schools, hospitals, and public health facilities located near airports. The Secretary shall consult with and solicit the views of such planning agencies, airport sponsors, other public agencies, airport users, and other interested persons or groups as he deems appropriate to the conduct of such studies. The Secretary shall report to the Congress on the results of such studies, including legislative recommendations, if any, within 1 year after the date of enactment of this section. TITLE II—RESEARCH, DEVELOPMENT, AND DEMONSTRATION ACTIVITIES AUTHORIZATION

SEC. 201. Subsection (d) of section 14 of the A i r p o r t and A i r w a y Development Act of 1970 (49 U.S.C. 1714) is amended to read as follows: " (d) RESEARCH, DEVELOPMENT, AND DEMONSTRATIONS.—The Secre-

49 USC 1353. , J.

49 USC 1742.

t a r y is authorized to carry out under section 312(c) of the Federal Aviation Act of 1958 such demonstration projects as he determines necessary in connection with research and development activities under such section 312(c). For research, development, and demonstration projects and activities under such section 312(c), there is authorized to be appropriated from the T r u s t F u n d in the amount of $109,350,000 for the fiscal year 1976, including the interim period beginning July 1, 1976, and ending September 30, 1976, $85,400,000 for the fiscal year 1977, and not less than $50,000,000 p e r fiscal year for fiscal years 1978 through 1980, to remain available until expended. The initial $50,000,000 of any sums appropriated to the T r u s t F u n d pursuant to subsection (d) of section 208 of the A i r p o r t and Airway Revenue Act of 1970 shall be allocated to such research, development, and demonstration activities.". TITT.E III — A I R P O R T A N D A I R W A Y T R U S T F U N D SEC. 301. AUTHORIZATION FOR EXPENDITURES FROM TRUST FUND. (a) AMENDMENT OF 1970 ACT. — (1) Subparagraph (A) of section

208(f)(1) of the A i r p o r t and A i r w a y Revenue Act of 1970 (49 U.S.C. 1 7 4 2 (f)(1)(A)) is amended to read as follows: " (A) incurred under title I of this Act or of the A i r p o r t and A i r w a y Development Act Amendments of 1976 (as such Acts were i n effect on the date of the enactment of the A i r p o r t and Airway Development Act Amendments of 1976);".

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Page:United States Statutes at Large Volume 90 Part 1.djvu/937

 PUBLIC LAW 94-353—JULY 12, 1976

90 STAT. 887

(2) Section 208(f) of such Act (49 U.S.C. 1742(f)) is amended by striking out "July 1, 1980" each time it appears and inserting in lieu thereo.f "October 1, 1980". (b) EFFECTIVE DATE.—The amendment made by subsection (a)(1) 49 USC 1742 shall apply to obligations incurred on or after the date of the enact- 'i"*^ment of this Act. The amendments made by subsection (a)(2) shall be effective on the date of enactment of this Act. Approved July 12, 1976.

LEGISLATIVE HISTORY: HOUSE REPORTS: No. 94-594 (Comm. on Public Works and Transportation) and No. 94-1292 (Comm. of Conference). SENATE REPORTS: No. 94-643 accompanying S. 3015 (Comm. on Commerce) and No. 94-975 (Comm. of Conference). CONGRESSIONAL RECORD: Vol. 121 (1975): Dec. 18, considered and passed House. VoL 122 (1976): Mar. 25, considered and passed Senate, amended, in lieu of S. 3015. June 23, Senate agreed to conference report. June 30, House agreed to conference report. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS: Vol. 12, No. 29 (1976): July 12, Presidential statement.

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Summa Theologiae/Second Part of the Second Part/Question 85

Question. 85 - OF SACRIFICE (FOUR ARTICLES)
In due sequence we must consider those acts whereby external things are offered to God. These give rise to a twofold consideration: (1) Of things given to God by the faithful; (2) Of vows, whereby something is promised to Him.

Under the first head we shall consider sacrifices, oblations, first-fruits, and tithes. About sacrifices there are four points of inquiry:

(1) Whether offering a sacrifice to God is of the law of nature?

(2) Whether sacrifice should be offered to God alone?

(3) Whether the offering of a sacrifice is a special act of virtue?

(4) Whether all are bound to offer sacrifice?

Art. 1 - Whether offering a sacrifice to God is of the law of nature?
Objection 1: It would seem that offering a sacrifice to God is not of the natural law. Things that are of the natural law are common among all men. Yet this is not the case with sacrifices: for we read of some, e.g. Melchisedech (Gn. 14:18), offering bread and wine in sacrifice, and of certain animals being offered by some, and others by others. Therefore the offering of sacrifices is not of the natural law.

Objection 2: Further, things that are of the natural law were observed by all just men. Yet we do not read that Isaac offered sacrifice; nor that Adam did so, of whom nevertheless it is written (Wis. 10:2) that wisdom "brought him out of his sin." Therefore the offering of sacrifice is not of the natural law.

Objection 3: Further, Augustine says (De Civ. Dei x, 5,19) that sacrifices are offered in signification of something. Now words which are chief among signs, as he again says (De Doctr. Christ. ii, 3), "signify, not by nature but by convention," according to the Philosopher (Peri Herm. i, 2). Therefore sacrifices are not of the natural law.

On the contrary, At all times and among all nations there has always been the offering of sacrifices. Now that which is observed by all is seemingly natural. Therefore the offering of sacrifices is of the natural law.

I answer that, Natural reason tells man that he is subject to a higher being, on account of the defects which he perceives in himself, and in which he needs help and direction from someone above him: and whatever this superior being may be, it is known to all under the name of God. Now just as in natural things the lower are naturally subject to the higher, so too it is a dictate of natural reason in accordance with man's natural inclination that he should tender submission and honor, according to his mode, to that which is above man. Now the mode befitting to man is that he should employ sensible signs in order to signify anything, because he derives his knowledge from sensibles. Hence it is a dictate of natural reason that man should use certain sensibles, by offering them to God in sign of the subjection and honor due to Him, like those who make certain offerings to their lord in recognition of his authority. Now this is what we mean by a sacrifice, and consequently the offering of sacrifice is of the natural law.

Reply to Objection 1: As stated above (FS, Q[95], A[2]), certain things belong generically to the natural law, while their determination belongs to the positive law; thus the natural law requires that evildoers should be punished; but that this or that punishment should be inflicted on them is a matter determined by God or by man. In like manner the offering of sacrifice belongs generically to the natural law, and consequently all are agreed on this point, but the determination of sacrifices is established by God or by man, and this is the reason for their difference.

Reply to Objection 2: Adam, Isaac and other just men offered sacrifice to God in a manner befitting the times in which they lived, according to Gregory, who says (Moral. iv, 3) that in olden times original sin was remitted through the offering of sacrifices. Nor does Scripture mention all the sacrifices of the just, but only those that have something special connected with them. Perhaps the reason why we read of no sacrifice being offered by Adam may be that, as the origin of sin is ascribed to him, the origin of sanctification ought not to be represented as typified in him. Isaac was a type of Christ, being himself offered in sacrifice; and so there was no need that he should be represented as offering a sacrifice.

Reply to Objection 3: It is natural to man to express his ideas by signs, but the determination of those signs depends on man's pleasure.

Art. 2 - Whether sacrifice should be offered to God alone?
Objection 1: It would seem that sacrifice should not be offered to the most high God alone. Since sacrifice ought to be offered to God, it would seem that it ought to be offered to all such as are partakers of the Godhead. Now holy men are made "partakers of the Divine nature," according to 2 Pet. 1:4; wherefore of them is it written (Ps. 81:6): "I have said, You are gods": and angels too are called "sons of God," according to Job 1:6. Thus sacrifice should be offered to all these.

Objection 2: Further, the greater a person is the greater the honor due to him from man. Now the angels and saints are far greater than any earthly princes: and yet the subjects of the latter pay them much greater honor, by prostrating before them, and offering them gifts, than is implied by offering an animal or any other thing in sacrifice. Much more therefore may one offer sacrifice to the angels and saints.

Objection 3: Further, temples and altars are raised for the offering of sacrifices. Yet temples and altars are raised to angels and saints. Therefore sacrifices also may be offered to them.

On the contrary, It is written (Ex. 22:20): "He that sacrificeth to gods shall be put to death, save only to the Lord."

I answer that, As stated above (A[1]), a sacrifice is offered in order that something may be represented. Now the sacrifice that is offered outwardly represents the inward spiritual sacrifice, whereby the soul offers itself to God according to Ps. 50:19, "A sacrifice to God is an afflicted spirit," since, as stated above (Q[81], A[7]; Q[84], A[2]), the outward acts of religion are directed to the inward acts. Again the soul offers itself in sacrifice to God as its beginning by creation, and its end by beatification: and according to the true faith God alone is the creator of our souls, as stated in the FP, Q[90], A[3]; FS, Q[118], A[2], while in Him alone the beatitude of our soul consists, as stated above (FS, Q[1], A[8]; FS, Q[2], A[8]; FS, Q[3], AA[1],7,8). Wherefore just as to God alone ought we to offer spiritual sacrifice, so too ought we to offer outward sacrifices to Him alone: even so "in our prayers and praises we proffer significant words to Him to Whom in our hearts we offer the things which we designate thereby," as Augustine states (De Civ. Dei x, 19). Moreover we find that in every country the people are wont to show the sovereign ruler some special sign of honor, and that if this be shown to anyone else, it is a crime of high-treason. Therefore, in the Divine law, the death punishment is assigned to those who offer Divine honor to another than God.

Reply to Objection 1: The name of the Godhead is communicated to certain ones, not equally with God, but by participation; hence neither is equal honor due to them.

Reply to Objection 2: The offering of a sacrifice is measured not by the value of the animal killed, but by its signification, for it is done in honor of the sovereign Ruler of the whole universe. Wherefore, as Augustine says (De Civ. Dei x, 19), "the demons rejoice, not in the stench of corpses, but in receiving divine honors."

Reply to Objection 3: As Augustine says (De Civ. Dei viii, 19), "we do not raise temples and priesthoods to the martyrs, because not they but their God is our God. Wherefore the priest says not: I offer sacrifice to thee, Peter or Paul. But we give thanks to God for their triumphs, and urge ourselves to imitate them."

Art. 3 - Whether the offering of sacrifice is a special act of virtue?
Objection 1: It would seem that the offering of sacrifice is not a special act of virtue. Augustine says (De Civ. Dei x, 6): "A true sacrifice is any work done that we may cleave to God in holy fellowship." But not every good work is a special act of some definite virtue. Therefore the offering of sacrifice is not a special act of a definite virtue.

Objection 2: Further, the mortification of the body by fasting belongs to abstinence, by continence belongs to chastity, by martyrdom belongs to fortitude. Now all these things seem to be comprised in the offering of sacrifice, according to Rom. 12:1, "Present your bodies a living sacrifice." Again the Apostle says (Heb. 13:16): "Do not forget to do good and to impart, for by such sacrifices God's favor is obtained." Now it belongs to charity, mercy and liberality to do good and to impart. Therefore the offering of sacrifice is not a special act of a definite virtue.

Objection 3: Further, a sacrifice is apparently anything offered to God. Now many things are offered to God, such as devotion, prayer, tithes, first-fruits, oblations, and holocausts. Therefore sacrifice does not appear to be a special act of a definite virtue.

On the contrary, The law contains special precepts about sacrifices, as appears from the beginning of Leviticus.

I answer that, As stated above (FS, Q[18], AA[6],7), where an act of one virtue is directed to the end of another virtue it partakes somewhat of its species; thus when a man thieves in order to commit fornication, his theft assumes, in a sense, the deformity of fornication, so that even though it were not a sin otherwise, it would be a sin from the very fact that it was directed to fornication. Accordingly, sacrifice is a special act deserving of praise in that it is done out of reverence for God; and for this reason it belongs to a definite virtue, viz. religion. But it happens that the acts of the other virtues are directed to the reverence of God, as when a man gives alms of his own things for God's sake, or when a man subjects his own body to some affliction out of reverence for God; and in this way the acts also of other virtues may be called sacrifices. On the other hand there are acts that are not deserving of praise save through being done out of reverence for God: such acts are properly called sacrifices, and belong to the virtue of religion.

Reply to Objection 1: The very fact that we wish to cling to God in a spiritual fellowship pertains to reverence for God: and consequently the act of any virtue assumes the character of a sacrifice through being done in order that we may cling to God in holy fellowship.

Reply to Objection 2: Man's good is threefold. There is first his soul's good which is offered to God in a certain inward sacrifice by devotion, prayer and other like interior acts: and this is the principal sacrifice. The second is his body's good, which is, so to speak, offered to God in martyrdom, and abstinence or continency. The third is the good which consists of external things: and of these we offer a sacrifice to God, directly when we offer our possession to God immediately, and indirectly when we share them with our neighbor for God's sake.

Reply to Objection 3: A "sacrifice," properly speaking, requires that something be done to the thing which is offered to God, for instance animals were slain and burnt, the bread is broken, eaten, blessed. The very word signifies this, since "sacrifice" is so called because a man does something sacred [facit sacrum]. On the other hand an "oblation" is properly the offering of something to God even if nothing be done thereto, thus we speak of offering money or bread at the altar, and yet nothing is done to them. Hence every sacrifice is an oblation, but not conversely. "First-fruits" are oblations, because they were offered to God, according to Dt. 26, but they are not a sacrifice, because nothing sacred was done to them. "Tithes," however, are neither a sacrifice nor an oblation, properly speaking, because they are not offered immediately to God, but to the ministers of Divine worship.

Art. 4 - Whether all are bound to offer sacrifices?
Objection 1: It would seem that all are not bound to offer sacrifices. The Apostle says (Rom. 3:19): "What things soever the Law speaketh, it speaketh to them that are in the Law." Now the law of sacrifices was not given to all, but only to the Hebrew people. Therefore all are not bound to offer sacrifices.

Objection 2: Further, sacrifices are offered to God in order to signify something. But not everyone is capable of understanding these significations. Therefore not all are bound to offer sacrifices.

Objection 3: Further, priests [*'Sacerdotes': Those who give or administer sacred things (sacra dantes): cf. 1 Cor. 4:1] are so called because they offer sacrifice to God. But all are not priests. Therefore not all are bound to offer sacrifices.

On the contrary, The offering of sacrifices of is of the natural law, as stated above (A[1]). Now all are bound to do that which is of the natural law. Therefore all are bound to offer sacrifice to God.

I answer that, Sacrifice is twofold, as stated above (A[2]). The first and principal is the inward sacrifice, which all are bound to offer, since all are obliged to offer to God a devout mind. The other is the outward sacrifice, and this again is twofold. There is a sacrifice which is deserving of praise merely through being offered to God in protestation of our subjection to God: and the obligation of offering this sacrifice was not the same for those under the New or the Old Law, as for those who were not under the Law. For those who are under the Law are bound to offer certain definite sacrifices according to the precepts of the Law, whereas those who were not under the Law were bound to perform certain outward actions in God's honor, as became those among whom they dwelt, but not definitely to this or that action. The other outward sacrifice is when the outward actions of the other virtues are performed out of reverence for God; some of which are a matter of precept; and to these all are bound, while others are works of supererogation, and to these all are not bound.

Reply to Objection 1: All were not bound to offer those particular sacrifices which were prescribed in the Law: but they were bound to some sacrifices inward or outward, as stated above.

Reply to Objection 2: Though all do not know explicitly the power of the sacrifices, they know it implicitly, even as they have implicit faith, as stated above (Q[2], AA 6,7).

Reply to Objection 3: The priests offer those sacrifices which are specially directed to the Divine worship, not only for themselves but also for others. But there are other sacrifices, which anyone can offer to God for himself as explained above (AA[2],3).