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[86 STAT.

" P A R T A—SPECIAL IMPACT PROGRAMS "STATEMENT OF PURPOSE

"SEC. 711. The purpose of this part is to establish special programs of assistance to private locally initiated community corporations and related nonprofit agencies, including cooperatives, or organizations conducting activities which (1) are directed to the solution of the critical problems existing in particular communities or neighborhoods (defined without regard to political or other subdivisions or boundaries) within those urban and rural areas having concentrations or substantiahnumbers of low-income persons; (2) are of sufficient size, scope, and duration to have an appreciable impact in such communities, neighborhoods, and rural areas in arresting tendencies toward dependency, chronic unemployment, and community deterioration: and (3) hold forth the prospect of continuing to have such impact after the termination of financial assistance under this title. ESTABLISHMENT OF PROGRAMS Financial assistance.

78 Stat. 526; II Stat. 710. 42 USC 2901.

81 Stat. 683. 42 USC 2737.

"SEC. 712. (a) The Director is authorized to provide financial assistance to community development corporations and to cooperatives and other nonprofit agencies in conjunction with qualifying community development corporations for the payment of all or part of the costs of programs which are designed to carry out the purposes of this part. Such programs shall be restricted in number so that each is of sufficient size, scope, and duration to have an appreciable impact on the area served. Such programs may include— "(1) economic and business development programs, including programs which provide financial and other assistance (including equity capital) to start, expand, or locate businesses in or near the areas served so as to provide employment and ownership opportunities for residents of such areas, and programs including tnose described in title IV of this Act for small businesses in or owned by residents of such areas; "(2) community development and housing activities which create new training, employment, and ownership opportunities and which contribute to an improved living environment; and "(3) manpower training programs for unemployed or lowincome persons which support and complement economic, business, housing, and community development programs, including without limitation activities such as those described in part B of title I of this Act. "(b) The Director shall conduct programs assisted under this part so as to contribute, on an equitable basis between urban and rural areas, to the elimination of poverty and the establishment of permanent economic and social benefits in such areas. REQUIREMENTS FOR FINANCIAL ASSISTANCE

Regulations.

"SEC. 713. (a) The Director, under such regulations as he may establish, shall not provide financial assistance for any program or component project under this part unless he determines that— " (1) such community development corporation is responsive to residents of the area under guidelines established by the Director; "(2) all projects and related facilities will, to the maximum feasible extent, be located in the area served; "(3) projects will, where feasible, promote the development of entrepreneurial and management skills and the ownership or

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699

participation in ownership of assisted businesses and housing, cooperatively or otherwise, by residents of the area served; "(4) projects will be planned and carried out with the maximum participation of local businessmen and financial institutions and organizations by their inclusion on program boards of directors, advisory councils, or through other appropriate means; "(5) the program will be appropriately coordinated with local planning under this Act, the Demonstration Cities and Metropolitan Development Act of 1966, and with other relevant plan^° ^^^^ ^y^^^^ning for physical and human resources of the areas served; note. "(6) the requirements of subsections 122(e) and 124(a) of this Act have been met; s i Stat. 683. "(7) preference will be given to low income or economically ^2 USC 2739, disadvantaged residents of the areas served in filling jobs and ^^'*^' training opportunities; and "(8) training programs carried out in connection with projects financed under this part shall be designed wherever feasible to provide those persons who successfully complete such training with skills which are also in demand in communities, neighborhoods, or rural areas, other than those for which programs are established under this part. " (b) Financial assistance under this section shall not be extended to assist in the relocation of establishments from one location to another if such relocation would result in an increase in unemployment in the area of original location. "(c) The level of financial assistance for related purposes under this Act to the area served by a special impact program shall not be diminished in order to substitute funds authorized by this part. "APPLICATION OF OTHER FEDERAL RESOURCES " SEC. 714.

(a)

SMALL BUSINESS ADMINISTRATION PROGRAMS.—

"(1) Funds granted under this part which are invested, directly oi' indirectly, in a small business investment company or a local development company shall be included as 'private paid-in capital and paid-in surplus,' 'combined paid-in capital and paid-in surplus,' and 'paid-in capital' for purposes of sections 302, 303, and 502, respectively, of the Small Business Investment Act of 1958. ^g^^ ^^^ ^^^' "(2) Within ninety days of the enactment of the Economic Oppor- Regulations. tunity Amendments of 1972, the Administrator of the Small Business Administration, after consultation with the Director, shall prescribe such regulations as may be necessary and appropriate to insure the availability to community development corporations of such programs as shall further the purposes of this part. "(b)

ECONOMIC DEVELOPMENT ADMINISTRATION PROGRAMS.—

"(1) Areas selected for assistance under this part shall be deemed 'redevelopment areas' within the meaning of section 401 of the Public Works and Economic Development Act of 1965, and shall qualify for 79 Stat. seo; assistance under the provisions of title I and title II of that Act. 42 USC 3161. "(2) Within ninety days of the enactment of the Economic Oppor- 42 USC 3131, tunity Amendments of 1972, the Secretary of Commerce, after consul- Regulations. tation with the Director, shall prescribe such regulations as may be necessary and appropriate to insure the availability to community development corporations of such programs as shall further the purposes of this part. "(c)

PROGRAMS OF THE DEPARTMENT OF HOUSING AND URBAN DEVEL-

OPMENT.—The Secretary of Housing and Urban Development, after consultation with the Director, shall take all necessary steps (1) to assure that community development corporations assisted under this part or their subsidiaries, shall qualify as sponsors under section 106 of

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[86 STAT.

s/stlt^'iso^s!' 12 USC 1701X. 17^5:^^7/5^-^/.' 42 USC 1450.

^^^^ Housing and I'lban Development Act of 1968, and sections 2*21,285, and 236 of the National Housing Act of 1949; (2) to assure that hind ^^^ housing and business location and expansion is made available under title I of the Housing Act of 1949 as may be necessary to carry out the purposes of this part; and (3) to assure that funds are availAnte, p. 405. .^j^jg Under section 701(b) of the Housing Act of 1954 to community development corporations assisted under this part. " (d) COORDINATION AND COOPERATION.—The Director shall take such steps as may be necessary and appropriate, in coordination and cooperation with the heads of other Federal departments and agencies, so that contracts, subcontracts, and deposits made by the Federal Government or in connection with programs aided with Federal funds are placed in such a way as to further the purposes of this part. Report to Conu^g^ REPORTING ON OTHER FEDERAL RESOURCES.—On or before six gress months after the date of enactment of the Economic Opportunity Amendments of 1972, and annually thereafter, the Director shall sul)mit to the Congress a detailed report setting forth a description of all Federal agency programs which he finds relevant to achieving the purposes of this part and the extent to which such programs have been made available to community development corporations receiving financial assistance under this part including specifically the availability and effectiveness of programs referred to in subsections (a), (b), and (c) of this section. Where appropriate, the report required under this subsection also shall contain recommendations for the more effective utilization of Federal agency programs for carrying out the purposes of this part. "FEDERAL SHARE

"SEC. 715. Federal grants to any program carried out pursuant to this part, including grants used by community development corporations for capital investments, shall (1) not exceed 90 per centum of the cost of such program including costs of administration unless the Director determines that assistance in excess of such percentage is required in furtherance of the purposes of this part, and (2) be made available for deposit to the grantee, under conditions which the Director deems appropriate, within thirty days following approval by the Director and the local community development corporation of the grant agreement. Non-Federal contributions may be in cash or in kind, fairly evaluated, including but not limited to plant, equipment, and services. Capital investments made with funds granted as a result of the Federal share of the costs of programs carried out under this part, and the proceeds from such capital investments, shall not be considered Federal property. "PART B — R U R A L PROGRAMS "STATEMENT or PURPOSE

"SEC. 721. I t is the purpose of this part to meet the special economic needs of rural communities or areas with concentrations or substantial numbers of low-income persons by providing support to self-help programs which promote economic development and independence, as a supplement to existing similar programs conducted by other departments and agencies of the Federal Government. Such programs should encourage low-income families to pool their talents and resourres so as to create and expand rural economic enterprise. "FINANCIAL ASSISTANCE

" S E ( \ 722. (a) The Director is authorized to provide financial assistance, including loans having a maximum maturity of 15 years and in amounts not resulting in an aggregate principal indebtedness of more

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than $3,5 at any one time, to any low-income rural family where, in the judgment of the Director, such financial assistance has a reasonable possibility of effecting a permanent increase in the income of such families, or will contribute to the improvement of their living or housing conditions, by assisting or permitting them to— "(1) acquire or improve real estate or reduce encumbrances oierect improvements thereon; " (2) operate or improve the operation of farms not larger than family sized, including but not limited to the purchase of feed, seed, fertilizer, livestock, poultry, and equipment; or •'(3) participate in cooperative associations, or to finance nonagricultural enterprises which will enable such families to supplement their income, •'(b) The Director is authorized to provide financial assistance to local cooperative associations in rural areas containing concentrations nv substantial numbers of low-income persons for the purpose of defraying all or part of the costs of establishing and operating cooperative programs for farming, purchasing, marketing, processing, and to improve their income as producers and their purchasing power as consumers, and to provide such essentials as credit and health services. Costs which may be defrayed shall include but not be limited to— "(1) administrative costs of staff and overhead; "(2) costs of planning and developing new enterprises; •' (3) costs of acquiring technical assistance; and •' (4) initial capital where it is determined by the Director that the poverty of the families participating in the program and the social conditions of the rural area require such assistance. ((LIMFTATIONS ON ASSISTANCE 723. (a) Xo financial assistance shall be provided under this pa it unless the Director determines that— "(1) any cooperative association receiving assistance has n minimum of fifteen active members, a majority of which are lowincome rural persons; "(3) such financial assistance will materially further the purposes of this part; and " (4) the applicant is fulfilling or will fulfill a need for service?^, supplies, or facilities which is otherwise not being met. "(b) The level of financial assistance for related purposes under this Act to the area served by a program under this part shall not b«' diminished in order to substitute funds authorized by this part. ••SEC.
 * '(2) adequate technical assistance is made available and committed to the programs being supported;

" P A R T C—SUPPORT PROGRAMS "TRAINING AND TECHNICAL ASSISTANCE

"SEC. 731. (a) The Director shall provide directly or through grants, contracts, or other arrangements such technical assistance and training of personnel as may be required to effectively implement the purposes of this title. No financial assistance shall be provided to any public or private organization under this section unless the Director provides the beneficiaries of these services with opportunity to participate in the selection of and to review the quality and utility of the services furnished them by such organization. " (b) Technical assistance to community development corporations and both urban and rural cooperatives may include planning, management, legal, preparation of feasibility studies, product development.

701

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702

[86

STAT.

marketing, and the provision of stipends to encovirag-e skilled pi-ofessionals to engage in full-time activities under the direction of a community organization financially assisted under this title. "(c) Training for employees of community development corporations and for employees and members of urban and rural cooperatives shall include, but not be limited to, on-the-job training, classroom instruction, and scholarships to assist them in development, managerial, entrepreneurial, planning, and other technical and organizational skills which will contribute to the effectiveness of programs assisted under this title. a DEVELOPMENT LOAN F U N D

Ante,

p. 698.

Interest r a t e.

Development Loan Fund, establishment.

Rural Development Loan Fund.

Community Development Loan Fund.

"SEC. 732. (a) The Director is authorized to make or guarantee loans (either directly or in cooperation with banks or other organizations through agreements to participate on an immediate or deferred basis) to community development corporations and to cooperatives eligible for financial assistance under section 712 of this title, to families under section 722(a), and to local cooperatives eligible for financial assistance under section 722(b) for business, housing, and community development projects who the Director determines will carry out the purposes of this title. No loans, guarantees, or other financial assistance shall be provided under this section.unless the Director determines that— " (1) there is reasonable assurance of repayment of the loan; " (2) a loan is not otherwise available on reasonable terms from private sources or other Federal, State, or local programs; and "(3) the amount of the loan, together with other funds available, is adequate to assure completion of the project or achievement of the purposes for which the loan is made. Loans made by the Director pursuant to this section shall bear interest at a rate not less than a rate determined by the Secretary of the Treasury taking into consideration the average market yield on outstanding Treasury obligations of comparable maturity, plus such additional charge, if any, toward covering other costs of the program as the Director may determine to be consistent with its purposes, except that, for the five years following the date on which funds are initially available to the borrower, the rate of interest shall be set at a rate considered appropriate by the Director in light of the particular needs of the borrower, which rate shall not be lower than 1 per centum. All such loans shall be repayable within a period of not more than thirty years. "(b) The Director is authorized to adjust interest rates, grant moratoriums on repayment of principal and interest, collect or compromise any obligations held by him, and to take such other actions in respect to such loans as he shall determine to be necessary or appropriate, consistent with the purposes of this section. " (c)(1) To carry out the lending and guaranty functions authorized under this part, there shall be established a Development Loan Fund consisting of two separate accounts, one of which shall be a revolving fund called the Rural Development Loan Fund and the other of which shall be a revolving fund called the Community Development Loan Fund. The capital of each such revolving fund shall remain available until expended. "(2) The Rural Development Loan Fund shall consist of such amounts as may be deposited in such Fund by the Director out of funds made available from appropriations for the purposes of carrying out this title. "(3) The Community Development Loan F u n d shall consist of such amounts as may be deposited in such fund by the Director out of funds made available from appropriations for the purpose of caiTving out

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this title. The Secretary may make deposits in the Community Development Loan F u n d in any fiscal year in which he has made available for grants to community development corporations not less than $60,000,000 out of funds made available from appropriations for the purpose of carrying out this title. " E V A L U A T I O N A N D RESEARCH

"SEC. 733. (a) Each program for which grants are made under this title shall provide for a thorough evaluation of the effectiveness of the program in achieving its purposes, which evaluation shall be conducted by such public or private organizations as the Director may designate, and all or part of the costs of evaluation may be paid from funds appropriated to carry out this part. The results of such evaluations, together with the Director's findings and recommendations concerning the program, shall be included in the report required by section 608 of t h i s Act.

78 Stat. 532.

" (b) The Director shall conduct, either directly or through grants "^^ ^^^ ^^'^^or other arrangements, research designed to suggest new programs and policies to achieve the purposes of this title in such ways as to provide opportunities for employment, ownership, and a better quality of life for low-income residents. The Director shall particularly^ investigate „,f^^f°''' *° ^°"" the feasibility and most appropriate manner of establishing develop- g r e s s. ment banks and similar institutions and shall report to the Congress on his research findings and recommendations not later than June 30, 1973. "PART D—GENERAL ii

PROGRAM DURATION A N D AUTHORITY

"SEC. 741. The Director shall carry out programs provided for in this title during the fiscal year ending June 30, 1972, and for the three succeeding fiscal years. For each fiscal year only such sums may be appropriated as the Congress may authorize by law." (b) Part D of title I of the Economic Opportunity Act of 1964 is repealed. AMENDMENT W I T H RESPECT TO VOLUNTEER

Jf^glal' ess 42 USC 2763.

PROGRAMS

SEC. 26. (a) The second sentence of section 801 of the Economic Opportunity Act of 1964 is amended by inserting after the words "to eliminate poverty" the following: "and to deal with environmental problems focused primarily upon the needs of low-income persons and the communities in which they reside". (b) Section 811(a) of such Act is amended as follows: (1) by striking out the first sentence thereof, and (2) by inserting in lieu thereof: "Volunteers under this part shall be required to make a full-time personal commitment to achieving the purpose of this title and the goals of the projects or programs to which they are assigned." (c) Section 820(a) of such Act is amended as follows: (1) by striking out the first sentence of subsection (a), and (2) by inserting in lieu thereof: "The Director shall develop programs designed to expand opportunities for persons to participate in a direct and personal way, on a part-time basis or for short periods of service either in their home or nearby communities or elsewhere, in volunteer activities contributing to the elimination of poverty and otherwise in furtherance of the purpose of this title." (d) The first sentence of section 821 of such Act is amended, effective July 1, 1972, by inserting before the period at the end thereof a

8 1 Stat. 722. 42 USC 2991.

42 USC 2992a

42 USC 2993.

^^ use 2993a,

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[86 STAT.

Comma and the following: "and such programs shall include any program, project, or activity otherwise authorized under the provisions of this title for which academic credit is granted to volunteer participants in connection with their volunteer service (not including time devoted to training)". EVALUATION"

42 us^c 270^1 note.

rt,"

^"SEC. 27. (>) The Economic Opportunity Act of 19t>4 is further amended by inserting at the end thereof the following new title: "TITLE IX—EVALI^ATKJX " C O M P K E H E X S IV E E V A L U A T I O N OF PR(JRAMS

"SEC. 901. (a) The Director shall provide for the continuing evaluation of programs under this Act and of programs authoiized undeirelated Acts, including evaluations that describe and measure, with appropriate means and to the extent feasible, the impact of such programs, their effectiveness in achieving stated goals, their impact on related programs, and their structure and mechanisms for delivery of services, and including, where appropriate, comparisons with appropriate control groups composed of persons who have not participated in such programs. The Director may, for such purposes, contract or make other arrangements for independent evaluations of those programs or individual projects. standards, pub" (i^^ ^ h e DirectoT shall to the extent feasible develop and publish standards for evaluation of program effectiveness in achieving the objectives of this Act. He shall consider the extent to which such standards haA'e been met in deciding whether to renew or supplement financial assistance authorized under any section of this Act. "(c) I n carrying out this title, the Director may require community action agencies to provide independent evaluations. "COOPERATION or OTHER AGENCIES

902. Federal agencies administering programs related to this Act shall— " (1) cooperate with the Director in the discharge of his respon sibility to plan and conduct evaluations of such poverty-related programs as he deems appropriate, to the fullest extent permitted by other applicable law; and "(2) provide the Director on a cooperative basis with such. agency, with such statistical data, program reports, and other materials, as they collect and compile on program operations. I>eneficiaries, and effectiveness. •*SEC.

,

"CONSULTATION

"SEC. 903. (a) I n carrying out evaluations under this title, the Director shall, whenever possible, arrange to obtain the opinions of program participants about the strengths and weaknesses of programs. "(b) The Director shall consult, when appropriate, with State agencies, in order to provide for jointly sponsored objective evaluation studies of programs on a State basis.

 * ,ni rt0.uiH. -s'i

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705

PUBLIC LAW 92-424-SEPT. 19, 1972 ' " P U B L I C A T I O X OF EVALUATION

RESULTS

904. (a) The Director shall publish summaries (prepared by the evaluator) of the results of evaluative research and evaluations of program impact and effectiveness no later than sixty days after its (Completion. "(b) The Director shall take necessary action to assure that all studies, evaluations, proposals, and data produced or developed with Federal funds shall become the property of the United States. "(c) The Director shall publish summaries of the results of activities carried out pursuant to this title in the report required by section 608 of this Act. •'SEC.

78 Stat. 532. 42 USC 2948.

" K V A H A T I O X BY OTHER A D M I N I S T E R IX G A(JKXC1KS

"SEC\ 905. The head of any agency administering a program authorized under this Act may, with respect to such program, conduct' evaluations and take other actions authorized under this title to the same extent and in the same manner as the Director under this title. Nothing in this section shall preclude the Director from conducting such evaluations or taking such actions otherwise authorized under I'll is title with respect to such programs." (b)(1) Subsection (a) of section 113, subsections (b) and (c) of section 132, section 233, and section 314(b) of the Economic Opportunity Act of 1964 are repealed. (2) Section 632(2) of such Act is amended by striking out "carry on a continuing evaluation of all activities under this Act, and". (3) Sections 132 and 314 of such Act are each amended by striking out " (a) ".

Repeals. 81 Stat. 679. 42 USC 2724, 2749, 2826, 2864. 42 USC 2974.

F U N C T I O N S OF DIRECTOR

SEC. 28. Notwithstanding the provisions of section 602(d) of the Economic Opportunity Act of 1964, the Director of the Office of Economic Opportunity shall not delegate his functions under section 221 and title VII of such Act to any other agency.

78 Stat. 528; 80 Stat. 1468. 42 USC 2942. 81 Stat. 696. 42 USC 2808. Ante, p. 697.

AMENDMENT TO THE OLDER AMERICA N S ACT OF 19<5.5

SEC. 29. (a) Section 611(a) of the Older Americans Act of 1965 (42 U.S.C. 3044 (b)) is amended by adding at the end thereof the following new sentence: "The Director of ACTION may approve assistance in excess of 90 per centum of the cost of the development and operation of such projects if he determines, in accordance with regulations establishing objective criteria, that such action is required in furtherMuee of the purposes of this section." (b) The amendment made by subsection (a) of this section shall be effective from the date of enactment of this Act. I n the case of any project with respect to which, prior to such date, a grant or contract has been made under such section or with respect to any project under the Foster Grandparent program in effect prior to September 17, 1969, (Contributions in cash or in kind from the Bureau of Indian Affairs, Department of the Interior, toward the cost of the project may be counted as part of the cost thereof which is met from non-Federal sources. Approved September 19, 1972.

83 Stat. 112.

Effective dates.

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STAT.

Public Law 92-425 September 21, 1972 [H. R. 10670]

Armed Forces. Survivor B e n e fit P l a n, establishment. 10 USC 1431.

AN ACT To amend chapter 73 of title 10, United States Code, to establisli a SurA'ivor Benefit Plan, and for other purposes.

Be it enacted by the Senate and Hou-^e of Representatives of the United States of America in Co^igress assembled., That chapter 73 of title 10, United States Code, is amended as follows: (1) The title of the chapter is amended by adding "; SURVIVOR B E N E F I T PLAN" after "PAY", and by inserting the following after the revised title: "Subchapter

Sec.

"I. Retired Serviceman's Family Protection Plan "II. Survivor Benefit Plan

70A Stat. 110; 82 Stat. 752. Repeals. 7 0A Stat. 1 1 1. 75 Stat. 8 1 1.

1431 1447

"Subchapter I.—Retired Serviceman's Family Protection Plan". (2) Subchapter I is amended as follows: (A) Sections 1435, 1436, 1437, 1438, 1439, 1440.1441, 1442, 1444 (a) and (c), 1445, and 1446 are each amended by striking out "chapter" wherever it appears and inserting in place thereof "subchapter''. (B) Section 1443 is repealed and the corresponding item in the subchapter analysis for that section is stricken. (C) Section 1444(b) is repealed and the catchline and subchapter analysis item for section 1444 are each amended by striking out "reports to Congress;". (3) The following new subchapter is added after section 1446: "Subchapter II.—Survivor Benefit Plan "Sec.

"1447. Definitions. "1448. Application of Plan. "1449. Mental incompetency of member. "1450. Payment of annuity: beneficiaries. "1451. Amount of annuity. "1452. Reduction in retired or retainer pay. "1453. Recovery of annuity erroneously paid. "1454. Correction of administrative deficiencies. "1455. Regulations.

"§ 1447. Definitions "In this subchapter: "(1) 'Plan' means the Survivor Benefit Plan established by this subchapter. "(2) 'Base amount'means— " (A) the amount of monthly retired or retainer pay to which a person— "(i) was entitled when he became eligible for that pay; or "(ii) later became entitled by being advanced on the retired list, performing active duty, or being transferred from the temporary disability retired list to the permanent disability retired list; or " (B) any amount less than that described by clause (A) designated by that person on or before the first day for which he became eligible for retired or retainer pay. but not less than 81 Stat. 652; 83 Stat. 83 7.

as increased from time to time under section 1401a of this title. "(3) 'Widow' means the surviving wife of a person who, if not married to the person at the time he became eligible for retired or retainer pay— " (A) was married to him for at least two years immediately before his death; or

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" (B) is the mother of issue by that iiuirriage. "(4) 'Widower" means the surviving husband of a person who, if not married to the person at the time she became eligible for retired or retainer pay— " (A) was married to her for at least two years immediately before her death; or " (B) is the father of issue by that marriage. " (5) 'Dependent child' means a person who is— " (A) unmarried; " (B)(i) under 18 years of age; (ii) at least 18, but under 22, years of age and pursuing a full-time course of study or training in a high school, trade school, technical or vocational institute, junior college, college, university, or comparable recognized educational institution; or (iii) incapable of supporting himself because of a mental or physical incapacity existing before his eighteenth birthday or incurred on or after that birthday, but before his tAventy-second birthday, while pursuing such a fulltime course of study or training; and " (C) the child of a person to whom the Plan applies, including (i) an adopted child, and (ii) a stepchild, foster child, or recognized natural child who lived with that person in a regular parentchild relationship. For the purpose of this clause, a child whose twenty-second birthday occurs before July 1 or after August 31 of a calendar year, and while he is regularly pursuing such a course of study or training, is considered to have become 22 years of age on the first day of July after that birthday. A child who is a student is considered not to have (teased to be a student during an interim between school years if the interim is not more than 150 days and if he shows to the satisfaction of the Secretary of Defense that he has a bona fide intention of continuing to pursue a course of study or training in the same or a different school during the school semester (or other period into which the school year is divided) immediately after the interim. Under this clause, a foster child, to qualify as the dependent child of a person to whom the Plan applies, must, at the time of the death of that person, also reside with, and receive over one-half of his support from, that person, and not be cared for under a social agency contract. The temporary absence of a foster child from the residence of that person, while he is a student as described in this clause, will not be considered to affect the residence of such a foster child.

707

Foster child,

"§ 1448. Application of plan " (a) The Plan applies to a person who is married or has a dependent child when he becomes entitled to retired or retainer pay unless he elects not to participate in the Plan before the first day for which he is eligible for that pay. If a person who is married elects not to participate in the Plan at the maximum level, that person's spouse shall be notified of the decision. An election not to participate in the Plan is irrevocable if not revoked before the date on which the person first becomes entitled to retired or retainer pay. However, a person who is not married when be becomes entitled to retired or retainer pay but who later marries, or acquires a dependent child, may elect to participate in the Plan but his election must be written, signed by him, and received by the Secretary concerned within one year after he marries, or acquires that dependent child. Such an election may not be revoked. His election is effective as of the first day of the month after his Effective date. election is received by the Secretary concerned. "(b) A person who is not married and does not have a dependent

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child when he becomes entitled to retired or retainer pay may elect to provide an annuity to a natural person with an insurable interest in that person. "(c) The application of the Plan to a person whose name is on the temporary disability retired list terminates when his name is removed from that list and he is no longer entitled to retired pay. " (d) If a member of an armed force dies on active duty after he has become entitled to retired or retainer pay, or after he has qualified for that pay except that he has not applied for or been granted that pay, and his spouse is eligible for dependency and indemnity compensation under section 411(a) of title 38 in an amount that is less than the annuity the spouse would have received under this subchapter if it had applied to the member when he died, the Secretary concerned shall pay to the spouse an annuity equal to the difference between that amount of compensation and 55 percent of the retired or retainer pay to which the otherwise eligible spouse described in section 1450 (a)(1) of this title would have been entitled if the member had been entitled to that pay based upon his years of active service when he died.

85 Stat. 660.

Termination.

1 I I i j ,; '

"If a person to whom section 1448 of this title applies is determined to be mentally incompetent by medical officers of the armed force concerned or of the Veterans' Administration, or by a court of competent jurisdiction, any election described in the first sentence of subsection (a), or subsection (b), of section 1448 of this title may be made on behalf of that person by the Secretary concerned. If the person for whom the Secretary has made an election is later determined to be mentally competent by an authority named in the first sentence, he may, within 180 days after that determination revoke that election. Any deductions made from retired or retainer pay by reason of such an election will not be refunded. "§ 1450. Payment of annuity: beneficiaries " (a) Effective as of the first day after the death of a person to whom section 1448 of this title applies, a monthly annuity under section 1451 of this title shall be paid to— "(1) the eligible widow or widower; "(2J the surviving dependent children in equal shares, if the eligible widow or widower is dead, dies, or otherwise becomes ineligible under this section; or "(3) the natural person designated under section 1448(b) of this title at the time the person to whom section 1448 applies became entitled to retired or retainer pay, if there is no eligible beneficiary under clause (1) or (2). "(I3) ^ j i annuity payable to the beneficiary terminates effective as of the first day of the month in which eligibility is lost. An annuity for a widow or widower shall be paid to the widow or widower white the widow or widower is living or, if the widow or widower remarries before reaching age 60, until the widow or widower remarries. If the widow or widower remarries before reaching age 60 and that marriage is terminated by death, annulment, or divorce, payment of the annuity will be resumed effective as of the first day of the month in which the marriage is so terminated. However, if the widow or widower is also entitled to an annuity under this section based upon the marriage so terminated, the widow or widower may not receive both annuities but must elect which to receive. "(c) If, upon the death of a person to whom section 1448 of this title applies, the widoAV oi- widower of that person is also entitled to compensation under section 411(a) of title 88, the widow or widower
 * '§ 1449. Mental incompetency of member

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may be paid an annuity under this section, but only in the amount that the annuity otherwise payable under this section would exceed that compensation. " (d) If, upon the death of a person to whom section 1448 of this Retired or retitle applies, that person had in effect a waiver of his retired or retainer *°^"^'" ^^^ '^aiver. pay for the purposes of subchapter III of chapter 83 of title 5, an so Stat. 564. annuity under this section shall not be payable unless^ in accordance ^ "^^ ^^^^' with section 8339(i) of title 5, he notified the Civil Service Commission Ante, P. i44. that he did not desire any spouse surviving him to receive an annuity under section 8341(b) of that title. "(e) If no annuity under this section is payable because of sub- Refunds. section (c), any amounts deducted from the retired or retainer pay of the deceased under section 1452 of this title shall be refunded to the widow or widower. If, because of subsection (c), the annuity payable is less than the amount established under section 1451 of this title, the annuity payable shall be recalculated under that section. The amount of the reduction in the retired or retainer pay required to provide that recalculated annuity shall be computed under section 1452 of this title, and the difference between the amount deducted prior to the computation of that recalculated annuity and the amount that would have been deducted on the basis of that recalculated annuity shall be refunded to the widow or widower. " (f) An unmarried person who elects to provide an annuity to a person designated by him under subsection (a)(3), but who later marries or acquires a dependent child, may change that election and provide an annuity to his spouse or dependent child. A change of election under this subsection is subject to the rules with respect to execution, revocation, and effectiveness set forth in the last three sentences of section 1448(a) of this title. " (g) Except as provided in section 1449 of this title or in subsection Restriction. (f) of this section, an election under this section may not be changed or revoked. " (h) Except as provided in section 1451 of this title, an annuity under this section is in addition to any other payment to which a person is entitled under any other provision of law. Such annuity ,.,, ^ shall be considered as income under laws administered by the Veterans' Administration. "(i) An annuity under this section is not assignable or subject to execution, levy, attachment, garnishment, or other legal process. "§ 1451. Amount of annuity " (a) If the widow or widower is under age 62 or there is a dependent child, the monthly annuity payable to the widow, widower, or depend. «*/ ent child, under section 1450 of this title shall be equal to 65 percent of the base amount. However, when the widow has one dependent child, the monthly annuity shall be reduced by an amount equal to the mother's benefit, if any, to which the widow would be entitled under subchapter II of chapter 7 of title 42 based solely upon service by the ^"'®' P- "^ ^• ^ person concerned as described in section 410(1)(1) of title 42 and 7ostat. 870; calculated assuming that the person concerned lived to age 65. When ''* ^'°*" ^^^" the widow or widower reaches age 62, or there is no longer a dependent child, whichever occurs later, the monthly annuity shall be reducedl by an amount equal to the amount of the survivor benefit, if any, to which the widow or widower would be entitled under subchapter II of chapter 7 of title 42 based solely upon service by the person concerned as described in section 410(1)(1) of title 42 and calculated assuming that the person concerned lived to age 65. For the purpose of the preceding sentence, a widow or widower shall be considered as entitled to a benefit under subchapter II of chapter 7 of title 42 even

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53 Stat. 1367; Ante, pp.41 0-415. Monthly annuity.

Annuity increase. 81 Stat. 652; 83 Stat. 837.

Limitation.

Waiver. 80 Stat. 564. 5 USC 8331. Ante,

p. 144.

Refunds, striction.

[86

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though that benefit has been offset by deductions under section 403 of title 42 on account of work. ''(b) The monthly annuity payable under section 1450(a)(3) of this title shall be 55 percent of the retired or retainer pay of the person who elected to provide that annuity after the reduction in that retired or retainer pay in accordance with section 1452(c) of this title. "(c) Whenever retired or retainei pay is increased under section 1401a of this title, each annuity that is payable under this section, or r^ection 1448(d) of this title, on the day before the effective day of that increase shall be increased at the same time by the same total percent. The amount of the increase shall be based on the monthly annuity payable before any reduction under section 1448(d) or 1450(c) of this title, or subsection (a) of this section. "§ 1452. Reduction in retired or retainer pay " (a) The retired or retainer pay of a person to whom section 1448 of this title applies who has a spouse, or who has a spouse and a dependent child, and who has not elected to provide an annuity to a person designated by him under section 1450(a)(3) of this title, or who had elected to provide such an annuity to such a person but has changed his election in favor of his spouse under section 1450(f) of this title, shall be reduced each month by an amount equal to 2i/^ percent of the first $300 of the base amount plus 10 percent of the remainder of the base amount. As long as there is an eligible spouse and a dependent child, that amount shall be increased by an amount prescribed under regulations of the Secretary of Defense. "(b) The retired or retainer pay of a person to whom section 1448 of this title applies who has a dependent child but does not have an eligible spouse, shall, as long as he has an eligible dependent child, be reduced by an amount prescribed under regulations of the Secretary of Defense. "(c) The retired or retainer pay of a person who has elected to provide an annuity to a person designated by him under section 1450 (a)(3) of this title shall be reduced by 10 percent plus 5 percent for each full 5 years the individual designated is younger than that person. However, the total reduction may not exceed 40 percent. " (d) If a person who has elected to participate in the Plan has been awarded retired or retainer pay and is not entitled to that pay for any period, he must deposit in the Treasury the amount that would otherwise have been deducted from his pay for that period, except when he is called or ordered to active duty for a period of more than 30 days. "(e) When a person who has elected to participate in the Plan waives his retired or retainer pay for the purposes of subchapter III of chapter 83 of title 5, he shall not be required to make the deposit otherwise required by subsection (d) as long as that waiver is in effect unless, in accordance with section 8339(i) of title 5, he has notified the Civil Service Commission that he does not desire any spouse surviving him to receive an annuity under section 8341(b) of title 5. " (f) Except as provided in section 1450(e) of this title, a person is not entitled to any refunds of amounts deducted from retired or retainer pay under this section unless the amounts were deductexl through administrative error. "§ 1453. Recovery of annuity erroneously paid " I n addition to other methods of recovery provided by law, the Secretary concerned may authorize the recovery, by deduction from later payments to a person, of any amount erroneously paid to him under this subchapter. However, recovery is not required if, in the judgment

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of the Secretary concerned and the Comptroller General, there has been no fault by the person to whom the amount was erroneously paid and recovery would be contrary to the purposes of this subchapter or against equity and good conscience. "§ 1454. Correction of administrative deficiencies ''The Secretary concerned may, under regulations prescribed under section 1455 of this title, correct or revoke any election under this subchapter when he considers it necessary to correct an administrative error. Except when procured by fraud, a correction or revocation under this section is final and conclusive on all officers of the Ignited States. "§ 1455. Regulations "The President shall prescribe regulations to carry out this subchapter. Those regulations shall, so far as practicable, be uniform for the armed forces, the National Oceanic and Atmospheric Administration, and the Public Health Service. Those regulations shall— "'(l) provide that, when the notification referred to in section 1448(a) of this title is required, the member and his spouse shall, before the date the member becomes entitled to retired or retainer pay, be informed of the elections available and the effects of such elections; and ''(2) establish procedures for depositing the amounts referred to in section 1452(d) of this title."' SEC. 2. The chapter analysis of subtitle A and the analysis of part II of subtitle A of title 10, Ignited States Code, are each amended by amending the item relating to chapter 78 by adding ''; Survivor Benefit Plan" after "Pay". SKC. 8. (a) The Survivor Benefit Plan established pursuant to clause (8) of the first section of this Act applies to any person who initially becomes entitled to retired or retainer pay on or after the effective date of this Act. An election made before that date by such a person under section 1481 of title 10. United States Code, is canceled. However, a person who initially becomes entitled to retired or retainer pay within 180 days after the effective date of this Act may. within 180 days after becoming so entitled, elect— (1) not to participate in such Survivor Benefit Plan if he is married or has a dependent child; or (2) to participate in that Plan, if he is a person covered by section 1448(b) of title 10,1'nited States Code. (b) Any person who is entitled to retired or retainer pay on the effective date of this Act may elect to participate in the Survivor Benefit Plan established pursuant to clause (3) of the first section of this Act before the first anniversary of that date. However, such a person who is receiving retired or retainer pay reduced under section 1486(a) of title 10, United States Code, or who is depositing amounts under section 1438 of that title, may elect before the first anniversary of the effective date of this Act— (1) to participate in the Plan and continue his participation under chapter 78 of that title as in effect on the day before the effective date of this Act, except that the total of the annuities elected may not exceed 100 percent of his retired or retainer pay; or (2) to participate in the Plan and, notwithstanding section 1436(b) of that title, terminate his participation under chapter 78 of that title as in effect on the day before the effective date of this Act.

82-081 O - 73 - 48

711

Ante, p. 706. ^s Stat. sio;

Ante, p. yoe.

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A person who elects under clause (2) of this subsection is not entitled to a refund of amounts previously deducted from his retired or Ante, p. 706. retainer jDay under chapter 73 of title 10, United States Code, as in effect on the day before the effective date of this Act, or any payments made thereunder on his behalf. A person who is not married or does not have a dependent child on the first anniversary of the effective date of this Act, but who later marries or acquires a dependent child, may elect to participate in the Plan under the fourth sentence of section 1448(a) of that title. (c) Notwithstanding the provisions of the Survivor Benefit Plan established pursuant to clause (3) of the first section of this Act, and except as otnerwise provided in this section, subchapter I of chapter 73 of title 10, United States Code (other than the last two sentences of section 1436(a), section 1443, and section 1444(b)), as in effect on the day before the effective date of this Act, shall continue to apply in the case of persons, and their beneficiaries, who have elected annuities under section 1431 or 1432 of that title and who have not elected under subsection (b)(2) of this section to participate in that Plan. " B a s e amount." (d) I n this section, "base amount" means— (1) the monthly retired or retainer pay to which a person— (A^ is entitled on the effective date of this Act; or (B) later becomes entitled by being advanced on the retired list, performing active duty, or being transferred from the temporary disability retired list to the permanent disability retired list; or (2) any amount less than that described in clause (1) designated by that person at the time he makes an election under subsection (a)(2) or (b) of this section, but not less than $300; as increased from time to time under section 1401a of title 10, United 81 Stat. 652; States Code. 83 Stat. 837. (e) An election made under subsection (a) or (b) of this section Effective date. is effective on the date it is received by the Secretary concerned, as 76 Stat. 451; defined in section 101(5) of title 37, United States Code. 82 Stat. 1314. (f) Sections 1449, 1453, and 1454 of title 10, United States Code, Ante, pp. 708, as added by clause (3) of the first section of this Act, are applicable 710, 711. to persons covered by this section. Annuity paySEC. 4. (a) A person— ments, eligibility. (1) who, on the effective date of this Act is, or within one calendar year after that date becomes, a widow of a person who was entitled to retired or retainer pay when he died; (2) who is eligible for a pension under subchapter III of chap72 Stat. 1137; ter 15 of title 38, United States Code, or section 9(b) of the 81 Stat. 180. Veterans' Pension Act of 1959 (73 Stat. 436); and 38 USC 531. 38 USC 521 (3) whose annual income, as determined in establishing that note. eligibility, is less than $1,400; shall fc^ paid an annuity by the Secretary concerned unless she is eligible to receive an annuity under the Survivor Benefit Plan established pursuant to clause (3) of the first section of this Act. However, such a person who is the widow of a retired officer of the Public Health Service or the National Oceanic and Atmospheric Administration, and who would otherwise be eligible for an annuity under this section except that she does not qualify for the pension described in clause (2) of this subsection because the service of her deceased spouse is not considered active duty under section 101(21) of title 38, United States 72 Stat. 1108; Code, is entitled to an annuity under this section. 84 Stat. 1864. (b) The annuity under subsection (a) of this section shall be in an amount which when added to the widow's income determined under

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Letters from Alexander Henry Haliday to Hermann Loew July 24, 1863 and undated

—Lucca. July 24/63

My dear Dr. Loew, I have put off writing from week to week, since I got back to Lucca in the hope of finding leisure to look up some points touching our Diptera, which might be of some common interest: but as this leisure seems still far off, I must be satisfied with giving you a sketch of my journeys, unentomological as they have been, to explain my occupations since I last wrote to you.The alarming accounts I received of my brother’s illness, just at the end of the last year, were followed so immediately by more reassuring ones, that I followed the physician’s recommendation, to await his further communications, before undertaking the journey to London: and as a removal to a warmer climate was advised for him, as soon as he should be able for the undertaking, I determined on joining him previously to accompany him on the way, taking charge at the same time of another invalid friend, Mr Hogan ,one of my co-editors of Nat. Hist. Review, who had fallen into bad health, and had been obliged to give up his cure in Dorsetshire, early in the last year, and had since been declining more and more into a settled condition of hopeless hypochondria, for which his medical advisers recommended change of scene and movement. I left this early in February, crossing the Apennines to Bologna, stopping a day at Parma, to see Rondani  and Passerini  , more particularly for the sake of seeing Rondani’s collection of Dolichopidae, on the unhappy condition of which, I think, I reported to you, by the last note I wrote you preceding this. Another day I spent at Turin, with Bellardi [&] Ghiliani "  then crossed Mount Cenis, about the same time of the year as I had passed it the previous year, but in the inverse direction, and under different circumstances; as the snow lay pretty deep now, and we travelled by sledge which had not been required all the previous winter (1861-2). At Paris, finding that Mr Bigot Sr.[  was absent, I staid [sic] but 24 hours, to see Dr Sichel . When I reached London, I found my brother so far recovering strength, that he had been able to walk out once or twice with the aid of a supporting arm; and as the physicians advice was to leave England as soon as we could, I gave up the idea of a visit to Ireland, or to some friends whom i wished to have seen in the country,—with the exception of one flying visit to Bath ,—and set myself to accomplish as much of the business in a week, as I had designed a fortnight for,—as I could. This left me little time to see acquaintances, or visit the Br. Museum, and finding it a bad preparation for the journey, in which I was to have charge of two invalids, I struck work, andby way of change, to get the reverberations of it out of my head, I started off, a couple of days before my companions (having arranged our re-junction by the way) to make a detour by Brussells —Liège —Aix la Chapelle  , Lille  & Amiens ,—at each of which places I had friends to see, or other objects; and intending to accomplish these by travelling at night, resting & visiting by day. I found however that I had fatigued myself too much for this, in London, and must take due sleep and other remedies;—so my visits were very short ones,—the longest four hours with Förster —missing Kaltenbach, by half an hour only,—he having come over too late for the appointment;—and giving up the idea of a digression to Krefeld to meet Winnertz ;—prudently—as he was then at Vienna, or somewhere on the road. A couple of hours, each, with Lacordaire & Wesmael —and about the same time with Mr Aussac, examining the plorabiles reliquiae of Macquart’s  collection at Lille—Dr Dours   I found in the pangs of gout—and there at Amiens I picked up one of my companions, Dr Hogan, whose father had accompanied him so far;—while my brother had preceded us to Paris. There we remained a little more than a week,—and I had little time for scientific company, though I was fortunate in finding Mr Bigot in town this time,—and also made acquaintance with Mr Goureau, and looked over the microhymenopterous parts of his collection of insects reared, & their parasites, with much interest. A meeting of the Entomological Society took place the evg of the day on which we left Paris. I should have liked to have attended, having had no previous opportunity;—but as the invalids were forbidden the land journey (I mean, crossing the Alps) and we had to allow four days between Marseilles & Paris, it was impracticable. On our halts, I saw Messrs Rouget & Farnier at Dijon, & renewed acquaintance at Lyon with my ancient acquaintance E. Mulsant ;—and saw, with him, the remains of the collection of parasitic Hymenoptera, of Boyer de Fonscolombe and --

Undated From Marseilles we went direct by sea to Livorno; —but falling in with the tail of a Mediterranean storm, had rather a rough passage of thirty-six hours. About a week’s rest at Lucca prepared us for a further journey—going direct from Livorno to Naples,—at which, with excursion to Salerno— Paestum —Amalfi—Sorrento—Capri; and the envious of the city, so rich in classic associations & the traces of volcanic action,—we spent 3 weeks. My brother had been regaining strength rapidly, & was able to accomplish on foot the ascent of the cone of Vesuvius, which we reserved for the last day of our time at Naples. I had half coupled a hope of a flight to Sicily, with Dohrn; who, along with Stainton, had preceded us on the road:—but I had only the pleasure (?) of saluting, from a distance, as we sailed into the bay of Naples, the boat which bore them homewards—After all, Dohrn, also had found himself obliged to decline my invitation to await me & visit Messina & in company, on account of a previous engagement to Pirazzoli, to join him in a week’s insect hunting on the other

Lucca My dear Dr Loew Our last letters it seems have crossed each other  and there is a certain fitness of things in it as ech conveys a denial which is no matter of surprise to me in either case as there may be conceived very reasonable objections. I am sorry that I am not within 200 chilometers [sic] of Berlin, and at the same side of the Alps, as the visit would doubtless reward me richly—but I could not well transport with me, even if I thought the advantage worth such a journey, the precious things confided to me of the Stockholm and Turin Museums, as well as the several private collections. So I must make out my West of Europe list with the aids I have, and leave the Berlin stores to others; as after these, if eyes health & circumstances serve I have the families of the proper Oxyura (Burmeister, 1829 ) to take up, in succession, and have no prospect of returning to a supplement of the others. I commence these lines in acknowledgement of yours at once, but will keep the letter till I can give you some answer yes/no/or “not knowing can’t say” to your questions. Thanks for your description of the Rossian  species. I don’t seem to be lucky about the g. Scenopinus; as it is evident at least that Tuscany has a species I don’t know (be it Zelleri or not), and I know there is another, like fenestralis, but with the abdomen glossed above with dense silvery or hoary pubescence; but I lost the only two specimens I ever took of it, by damp, I suppose. And now on the Trypeta ; have you my documents to prove rotundiventris, a native of Italy or Sicily. I imagine it hitherto to be transalpine exclusively. It is true that G. O. Costa enumerates it among the Neapolitan species; but then he had only Meigen to go by,— whose rotundiventris is a mixed species—and in the Museum at Naples I found only “femorata” 3 specimens= femoralis and “gagates” = libralis. We have a proverb in England “What is sauce for goose is sauce for gander”, and, not meaning that either Rossi or Meigen is “goose”, I do not see why the same circumstance (a mixture) should set aside Rossi’s name (if otherwise applicable)—and not Meigen’s. I intend to be very busy this week commencing, that I may be able with a safe conscience to sally forth on an excursion of ten days, or a fortnight, in the Maremma, with the two Dohrns, as I hope (C.A. and Anton). Therefore very possibly, I may have to send this letter without any sequel except the oracular responses. I had just sent off by post to your address (begging you to accept it as a token of remembrance) the 1st part of Bulletin of the Italian Ent. Soc. containing Rondani’s “Ortaloidi”. The “Tephritoidi” will not appear for some time, as his materials are considerable. He is sufficiently open to discussion And conviction, and I can be very frank with doubts and objections though  [ fragmented ]  minutiae satisfy him and so our results often differ. He has I see, complied with my wish as to not giving  a particular sp. name to Macquart’s Herina rufipes, which it was necessary to rebaptize on account of Desvoidy’s homonym: and has preferred the Mg. name of his own collection to that which I sent him [for] the 3rd sp. of Tetanops (T. tyrrhenus). He is, I think, a great deal too much disposed to introduce new (especially generic) names, wherever a plausible pretext can be found; while my feeling would be to avoid this wherever a moderate latitude as to rules would allow the old ones to stand. But he sees very clearly that others are too fond of bringing in new names:—and so I suppose it is with us all more or less, judged by others. I shall have very quickly to make up my mind as to how I shall treat a name of Spinola’s Mesitius :—if to be detached at all from Ephyris, the group should bear that name by strict right of priority, while it is a name that has been tacitly forgotten, and there is choice of others e.g. Heterocoelia in a work much better known Dahlbom’s “Genus Chrysis sensu Linnaeano”. There are the older names, unfortunately too close in form to that of Spinola’s,—Mesitis in Botany and Mesites in Coleoptera. What say you to the question? In general, I consider two names as too near uniform, whenever they would yield the same derivatives of family etc—names, by means of the usual affixes of –idea, -ini and the like. Walker wrote to me a few days ago that meeting Westwood, the latter told him he had two unanswered letters of mine in his pocket;—it shows at least he has not forgotten quite,—but leaves it doubtful if his reply to my queries, about the figure of Asthenia fasciata, will be in time to serve the purpose; as I am daily expecting to rescue the Italian text revised by my co -editors for my final perusal, before it goes to press; and I must have my notes ready to follow in order. I doubt if I shall have anything else in the 2nd part of the Bulletin. There is no sign of lack of material, as long as the text is printed in such a loose manner, and I willingly cede the place, reserving my miscellaneous notes to fill up gaps in future possible exigencies;—the autumn parts are usually the ones that requireprovision beforehand to be made, as summer puts vagrant dispositions into many minds, and disinclines one for indoorw ork. I am prepared to find the opening year, as you expect, not a favourable one for the appearance of insects [illegible text] of the autumn and early winter, and the consequent saturation of the soil, being likely to destroy many larvae and pupae. As this letter is otherwise a light one, I will be able, I think, to transmit you a Tipula (Pterelachisus) bertei (Rdn.) - set. As the flowers of Spring are coming out one after another, even though we may expect cold winds, perhaps snow and frost, next month, collecting may soon recommence, but chiefly of Coleoptera at first, in which I have already made one good capture Phaeopterus unicolor Costa, not known as extending beyond the southern provinces of Italy, till I took a single specimen here, in the spring of 1867. Long periods of illness and enforced inactivity I find to act injuriously on the memory; and I now am often obliged to make out species, I have described myself, in the absence of typical examples, from the descriptions, with no more advantages than a stranger would have, except as to the particular terminology and phraseology. Hence you will not wonder if I cannot answer undoubtingly questions, which I might naturally to be best able to satisfy. You ask me about a Tetanocera media cited by Schiner from the Entomological Magazine vol. 1, p. 150 A.D. 1832(-3). [following page?] I find there only a list of names given in the most compressed form, without addition to the specific name, except n.s. to the species afterwards described as new. Among those without addition is a Tetanocera media and as I find no such trivial name in Meigen, I presume it was an error of memory for some other familiar name. T. vittata is described as n. sp. Now in Curtis Guide, 1st edition A.D. 1829 (a mere list of names) there is a T. vittata Curtis, to which no reference is made by me; and in general I adopted the names of The Guide in describing new species. In 1837, Curtis published a second edition of The Guide, in which “T. vittata Curtis” still appears with “T. media Hal” given as its synonym. My belief is (and I can find nothing to shake it in other published papers) that media is a mere name; that vittata Curtis is not intended for the species I described under that name, and which subsequently (in 1838, Am. Nat. Hist.) I proposed to remove to a place under g. Sciomyza, as subgenus Anticheta;  but all this is quite immaterial ;the only matter to be defined being that media is a mere catalogue name without  characters. I now have Rondani's answer Anthrax canipila is an unpublished name Ever yours A. H. Haliday

Mydear Dr Loew Having received back from the Editors at Florence your Mss. of memoir on Blepharoceridae and the original figures and being myself on the point of setting out for Rome I think it best to send them to you enclosed, although I have not time to write anything further except to ask your directions as to the fifty copies to which you are entitled of the memoirs and which make a considerable bulk as it runs to more than a sheet of text. They can be sent by book post if you wish divided into parcels as the whole exceeds the postal limit. With regard to the figures you will perceive one of yours is wanting.I sent it with the rest to the editors but the lithographer reported it missing—by whose fault I cannot tell and it was too late then to apply to you, so that I was compelled to substitute for it a sketch of my own from a specimen of my collection—an imperfect substitute I know but the only one then practicable except by keeping back the plate for a future number and so displaced from the text. I have to thank you for a very recent present of some separate extracts from the Berlin Ent. Journal in addition to the portion I had previously received of your volume supplemental to Meigen. I was at Florence for above a week but with little effect as to the Society or any scientific objects as I was escorting two ladies- cousins of mine—one of whom I am about to accompany to Rome and as she speaks no Italian and has travelled little abroad and never in this country my services are in constant requisition & I have to resign for the time all other objects. Also Stefonelli was ill, Piccioli occupied by the dangerous illness of his wife & Targioni on the point of setting out for Sardinia so that no conference was possible. I will write to you after my return from Rome (& possibly Naples) till where I content myself with ...


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subsection (a)(3) of this section, plus the amount of any annuity being received under sections 1431-1436 of title 10, United States Code, but exclusive of a pension described in subsection (a)(2) of this ^"te, p. roe. section, equals $1,400 a year. In addition, the Secretary concerned shall paj to the widow, described in the last sentence of subsection (a) of this section, an amount equal to the pension she would otherwise have been eligible to receive under subchapter III of chapter 15 of title 38, United States Code, if the service of her deceased spouse was consid- 72 Stat. 11375 ered active duty under section 101 (21) of that title. "al'usc sa'i SEC. 5. Section 3(a)(4) of the Act of August 10, 1966, chapter 1041, 84 Stat. 1864. as amended (33 U.S.C. 857a(a)(5)), and section 221(a)(5) of the 7OA Stat. 619; Public Health Service Act, as amended (42 U.S.C. 213a(a)(5)), are " ^'^'' '^seach amended to read as follows: "Chapter 73, Retired Serviceman's Family Protection Plan; Survivor Benefit Plan." SEC. 6. Title 38, United States Code, is amended as follows: (1) Section 415(g)(M) is amended to read as follows: 84 Stat. 1584. " (M) payments of annuities elected under suMiapter I of chapter 73 of title 10." (2) Section 503(17) is amended to read as follows: " (17) payments of annuities elected under sulx^hapter I of chapter 73 of title 10.". Approved September 21, 1972. Public Law 92-426 AN ACT

September21, 1972

To establish a Uniformed Services University of the Health Sfiencen and to provide scholarships to selected persons for education in medicine, dentistry, and other health professions, and for other purposes.

^"' ^'^^

Be it enacted by the /Senate g,nd House of Representatives of the United States of America in Congress assembled, That this Act may ij.^rHe'^th 1 " ^ be cited as the "Uniformed Services Health Professions Revitaliza- fessionsRevitaition Act of 1972". ^""0" Act of SEC. 2. (a) Title 10, United States Code, is amended by adding the ' ^^* following new chapters after chapter 103: 78 Stat. io64. 10 USC 2101,

"Chapter 104.—UNIFORMED SERVICES UNIVERSITY OF THE HEALTH SCIENCES •'Sec. •'2112. •'2113. "2114. "2115. "2116. •'2117.

Establishment. Board of regents. Students: selection; status; obligation. Graduates: limitation on number electing to perfrm civilian Federal duty, Reports to Congress. Authorization for appropriations.

"§2112. Establishment " (a) There is hereby authorized to be established within 25 miles of

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Membership.

Compensation.

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[86

STAT.

the District of Columbia a Uniformed Services University of the Health Sciences (hereinafter referred to as the 'University'), at a site or sites to be selected by the Secretary of Defense, with authority to grant appropriate advanced degrees. It shall be so organized as to graduate not less than 100 medical students annually, with the first class graduating not later than 10 years after the date of the enactment of this chapter. "(b) Except as provided in subsection (a), the numbers of persons to be graduated from the I'niversity shall be prescribed by the Secretary of Defense. "(c) The development of the LTniversity may be by such phases as the Secretary of Defense may prescribe, subject to the requirements of subsection (a). "§ 2,113. Board of Regents "(a) The business of the University shall be conducted by a Board of Regents (hereinafter referred to as the 'Board') with funds appropriated for and provided by the Department of Defense. The Board shall consist of— " (1) nine persons outstanding in the fields of health and health education who shall be appointed from civilian life by the President, by and with the advice and consent of the Senate; "(2) the Secretary of Defense, or his designee, who shall be an ex officio member; "(3) the surgeons general of the uniformed services, who shall be ex officio members; and "(4) the person referred to in subsection (d). "(b) The term of office of each member of the Board (other than ex officio members) shall be six years except that— "(1) an}^ member appointed to fill a vacancy occurring before the expiration of the term for which his predecessor was appointed shall be appointed for the remainder of such term; and "(2) the terms of office of the members first taking office shall expire, as designated by the President at the time of the appointment, three at the end of two years, three at the end of four years, and three at the end of six years. "(c) One of the members of the Board (other than an ex officio member) shall be designated by the President as Chairman. He shall be the presiding officer of the Board. " (d) The Board shall appoint a Dean of the University (hereinafter referred to as the 'Dean') who shall also serve as a nonvoting ex officio member of the Board. "(e) Members of the Board (other than ex officio members) while attending conferences or meetings or while otherwise performing their duties as members shall be entitled to receive compensation at a rate to be fixed by the Secretary of Defense, but not exceeding $100 per diem and shall also be entitled to receive an allowance for necessary travel expenses while so serving away from their place of residence. "(f) The Board, after considering the recommendations of the Dean, shall obtain the services of such military and civilian professors, instructors, and administrative and other employees as may be necessary to operate the l^niversity. Civilian members of the faculty and

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staff shall be employed under salary schedules and granted retirement and other related benefits prescribed by the Secretary of Defense so as to place the employees of the University on a comparable basis with the employees of fully accredited schools of the health professions within the vicinity of the District of Columbia. The Board may confer academic titles, as appropriate, upon military and civilian members of the faculty. The military members of the faculty shall include a professor of military, naval, or air science as the Board may determine. " (g) The Board is authorized to negotiate agreements with agencies re^ourcTi.Ttu'i^aof the Federal Government to utilize on a reimbursable basis appro- tion agreements. priate existing Federal medical resources located in or near the District of Columbia. Under such agreements the facilities concerned will retain their identities and basic missions. The Board is also authorized to negotiate affiliation agreements with an accredited university or universities in or near the District of Columbia. Such agreements may include provisions for payments for educational services provided students participating in Department of Defense educational programs. The Board may also, subject to the approval of the Secretary of Defense, enter into an agreement under which the University would become part of a national university of health sciences should such an institution be established in the vicinity of the District of Columbia. " (h) The Board may establish postdoctoral, postgraduate, and technological institutes. "(i) The Board shall also establish programs in continuing medical ica°"dCci"fon^'^ education for military members of the health professions to the end programs. that high standards of health care may be maintained within the military medical services. " (a) Students at the University shall be selected under procedures prescribed by' the Secretary of Defense. In so prescribing, the Secretary shall consider the recommendations of the Board. However, selection procedures prescribed by the Secretary of Defense shall emphasize the basic requirement that students demonstrate sincere motivation and dedication to a career in the uniformed services (as defined in section 1072(1) of this title). 72 Stat. i446; "(b) Students shall be commissioned officers of a uniform service as ^° ^'^'' ^^^^' determined under regulations prescribed by the Secretary of Defense after consulting with the Secretary of Health, Education, and Welfare. Notwithstanding any other provision of law, they shall serve on active duty in pay grade O - l with full pay and allowances of that ^^^l ^^^ ^°^ grade, but shall not be counted against any prescribed military strengths. Upon graduation they shall be appointed in a regular component, if qualified, unless they are covered by section 2115 of this title. Students who graduate shall be required, except as provided in section 2115 of this title, to serve thereafter on active duty under such regulations as the Secretary of Defense or the Secretary of Health, Education, and Welfare, as appropriate, may prescribe for not less than seven years, unless sooner released. The service credit exclusions specified in section 2126 of this title shall apply to students covered by ^°^'' P- ^^^• this section.
 * '§2114. Students: selection; status; obligation

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res^ona\°c*o'Jr-" m?tte\'s?^ °"'

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[86 STAT.

" (c) A period of time spent in military' intern or residency training shall not be creditable in satisfying an acti^-e duty obligation imposed by this section. " (d) A member of the program who, mider regulations prescribed by the Secretary of Defense, is dropped from the program for deficiency in conduct or studies, or for other reasons, may be required to perform active duty in an appropriate military capacity in accordance with the active duty obligation imposed by this section. I n no case shall any such member be required to serve on active duty for any period in excess of a period equal to the [period he participated in the program, except that in no case may any such member be required to serve on active duty less than one year. "§2115. Graduates: limitation on number electing to perform civilian Federal duty "Not more than 20 percent of the graduates of any one class at the Tniversity may agree in writing to perform civilian Federal duty for not less than seven years following the completion of their professional education in lieu of active duty in a uniformed service. Such persons shall be released from active duty upon the completion of their professional education. The location and type of their duty shall be determined by the Secretary of Defense after consultation with the heads of Federal agencies concerned. "§ 2116. Reports to Congress "The Secretary of Defense shall report periodically to the Committees on Armed Services of the Senate and House of Representatives on the feasibility of establishing educational institutions similar or identical to the University at any other locations he deems appropriate. The last such report shall be submitted by June 30, 1976. "There is hereby authorized to be appropriated to the Department of Defense for the planning, construction, development, improvement, operation, and maintenance of the University, and to otherwise accomplish the purposes of this title, for the fiscal year beginning July 1, 1972, the sum of $15,000,000, and for each fiscal year thereafter such sum as may be authorized in the annual military construction authorization Act for such year. "Chapter 105.—ARMED FORCES HEALTH PROFESSIONS SCHOLARSHIP PROGRAM "Sec.
 * § 2117. Authorization for appropriations

"2120. "2121. "2122. "2123. "2124. "2125. "2126. "2127.

Definitions. Establishment. Eligibility for participation. Members of the program; active duty obligation; failure to complete training; release from program. Members of the program; numbers appointed. Members of the program; exclusion from authorized strengths. Members of the program; service credit. Contracts for scholarships; payments.

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''§2120. Definitions ••In this chapter— '"(1) 'Progranr means the Armed Forces Health Professions Schohirship program provided for in this chapter. "(2) 'Member of the program' means a person appointed a commissioned officer in a r-eserve component of the armed forces who is enrolled in the Armed Forces Health Professions Scholarship program. "(8) "Course of study' means education received at an accredited college, university, or institution in medicine, dentistry, or other health profession, leading, respectively, to a degree related to the health professions as determined under regulations pi-escribed by the Secretary of Defense. •§2121. Establishment •'(a) For the purpose of obtaining adequate numbers of commissioned officers on active duty who are (jualified in the various health professions, the Secretary of each military department, under regulations prescribed by the Secretary of Defense, may establish and maintain a health professions scholarship program for- his department. •'(b) The program shall consist of courses of study in designated health professions, with obligatory periods of military training. •'(c) Persons participating in the program shall be commissioned Participants officers in reserve components of the armed forces. Members of the program shall serve on active duty in pay grade 0 - 1 with full pay and 37 USC 203 allowances of that grade for a period of 45 days during each year of note. participation in the program. They shall be detailed as students at accredited civilian institutions, located in the United States or Puerto Rico, for the purpose of acquiring knowledge or training in a designated health profession. In addition, members of the program shall, under regulations prescribed by the Secretary of Defense, receive military and professional training and instruction. " (d) Except when serving on active duty pursuant to subsection Compensation. (c), a member of the program shall be entitled to a stipend at the rate of $400 per month. "To be eligible for participation as a member of the program, a person must be a citizen of the United States and must— "•(1) be accepted for admission to, or enrolled in, an institution in a course of study, as that term is defined in section 2120(8) of this title; Supra. "(2) sign an agreement that unless sooner separated he will— •' (A) complete the educational phase of the program; " (B) accept an appropriate reappointment or designation within his military service, if tendered, based upon his health profession, following satisfactoiy completion of the program; •'(C) participate in the intern' program of his service if selected for such participation; " (D) participate in the r-esidency program of his service, if selected, or be released from active duty for the period required to undergo civilian residency if selected for such training; and •'(E) because of his sincer-e motivation and dedication to a career in the uniformed services, participat€ in military training while he is in the program, under regulations prescribed by the Secretary of Defense; and "(3) meet the requirements for appointment as a commissioned officer.
 * '§ 2122, Eligibility for participation

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 fourth the width and one eighth the length of the carapace; basal margin slightly concave, the postlateral angles subrectangular. Eyes marginal, circular, small, a little longer than one fifth the length of the carapace, situated in an angle between the lateral margins and the base of the frontal process. Surface densely covered with relatively large flat nodes. The type measures 9.4 mm in length and 10.5 mm in width.

This species strongly suggests the, with which it has not only the peculiar anterior snout in common, but also the general outline and the position of the eyes. It is also closely related to the species here described from the Normanskill and Schenectady shales as   , which possesses a less prominent anterior process and more distant eyes but is very similar to this species in outline and surface ornamentation.

We also refer to this species a number of specimens which correspond to the above description in all particulars but lack the anterior process and assume that the latter may either be broken off or be folded under normally like the epistoma of Pterygotus; with present material we have no means of deciding which.

A small carapace differs from the others in the position of its lateral eyes which are submarginal in the antelateral angles, thereby suggesting the presence of a species of Dolichopterus. The carapace is rather short subquadrangular, its length to its width as 5:7; the lateral margins slightly concave, diverging forward at a small angle, the frontal margin broadly


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Limitation.

76 Stat. 458.

Limitation.

PUBLIC LAW 92-426-SEPT. 21, 1972

[86 STAT.

"§ 2123. Members of the program: active duty obligation; failure to complete training; release from program ''(a) A member of the program incurs an active duty obligation. The amount of his obligation shall be determined under regulations prescribed by the Secretary of Defense, but those regulations may not provide for a period of obligation of less than one year for each year of participation in the program. "(b) A period of time spent in military intern or residency training shall not be creditable in satisfying an active duty obligation imposed by this section. "(c) A member of the program who, under regulations prescribed by the Secretary of Defense, is dropped from the program for deficiency in conduct or studies, or for other reasons, may be required to perform active duty in an appropriate military capacity in accordance with the active duty obligation imposed by this section. " (d) The Secretary of a military department, under regulations prescribed by the Secretary of Defense, may relieve a member of the program who is dropped from the program from any active duty obligation imposed by this section, but such relief shall not relieve him from any military obligation imposed by any other law. "(e) Any member of the program relieved of his active duty obligation under this chapter before the completion of such obligation may, under regulations prescribed by the Secretary of Defense, be assigned to an area of health manpower shortage designated by the Secretary of Health, Education, and Welfare for a period equal to the period of obligation from which he was relieved. "§ 2124. Members of the program: numbers appointed "The number of persons who may be designated as members of the program for training in each health profession shall be as prescribed y^y ^]-^g Secretary of Defense, except that the total number of persons so designated in all of the programs authorized by this chapter shall not, at any time, exceed 5,000. "§2125. Members of the program: exclusion from authorized strengths "Xotwithstanding any other provision of law, members of the program shall not be counted against any prescribed military strengths. "§ 2126. Members of the program: service credit "Service performed while a member of the program shall not be counted— "(1) in determining eligibility for retirement other than by reason of a physical disability incurred while on active duty as a member of the program; or " (2) in computing years of service creditable under section 205, other than siibsection (a)(7) and (8), of title 37. " (a) The Secretary of Defense may provide for the payment of all educational expenses incurred by a member of the program, including tuition, fees, books, and laboratory expenses. Such payments, however, shall be limited to those educational expenses normally incurred by students at the institution and in the health profession concerned who are not members of the program. "(b) The Secretary of Defense may contract with an accredited civilian educational institution for the payment of tuition and other educational expenses of members of the program authorized by this chapter. Payment to such institutions may be made without regard to section 8(i4ft of the Revised Statutes (31 T'.S.(\.>-2S)).
 * § 2127. Contracts for scholarships: payments

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PUBLIC LAW 92-427-SEPT. 21, 1972

•'(c) Payments made under subsection (b) shall not cover any expenses other than those covered by subsection (a). " (d) When the Secretary of Defense determines, under reguhitions pi-escribed by the Secretary of Health, Education, and Welfare, that an accredited civilian educational institution has increased its total enrollment for the sole purpose of accepting members of the program covered by this chapter, he may provide under a contract with such an institution for additional payments to cover the portion of the increased costs of the additional enrollment which are not covered by the institution's normal tuition and fees," (b) The table of chapters at the beginning of subtitle A and at the beginning of part III of such subtitle of title 10, United States Code, are each amended by adding •'104. Uniformed Services University of Health Sciences 2112 "105. Armed Forces Health Professions Scholarship Program 2120" immediately below •'103. Senior Reserve Officers' Training Corps 2101". Approved September 21, 1972.

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Additional payments.

Public Law 92-427 AN ACT To declare title to certain Federal lands in the State of Oregon to be in the United States in trust for the use and benefit of the Confederated Tribes of the Warm Springs Reservation of Oregon.

September 21, 1972 [S.2969]

Be it enacted by the Senate and House of liefresentatlves of the United States of America in Congress assembled, That title to the Indians. Confederated Federal lands, together with all improvements thereon, known as the xr'ibes of the McQuinn Strip, is declared to be in the United States in trust for the warm springs use and benefit of the Confederated Tribes of the Warm Springs ore^g.'^'^^*'""' Reservation of Oregon, and a part of the Warm Springs Reservation Lands in t r u s t. of Oregon, and such lands are excluded from the Mount Hood and Willamette National Forests. The Secretary of the Interior shall administer such lands in accordance with, and for the purpose of, this Act. SEC. 2. As used in this Act, the term "McQuinn Strip'" means the S t "McQuinn rip." approximately 61,360 acres of federally owned lands which are within the following described area: An area bounded by a line beginning at a point in the middle of the channel of the Deschutes River, established as the initial point of the Handley Survey of 1871; thence in a direct line northwestwardly to the seven-and-one-half-mile post of the McQuinn Survey of 1887; thence continuing northwestwardly along the line of the McQuinn Survey to the thirty-mile post thereof at Little Dark Butte in the Cascade Mountains; thence following the McQuinn Survey southwestwardly in a direct line to the summit of Mount Jefferson; thence northeastwardly in a direct line to the western terminus of the northern boundary of the Warm Springs Indian Reservation as established by the Act of June 6, 1894 (28 Stat. 86); thence along said northern boundary to the place of beginning, excluding any lands which are within the exterior boundaries of the Mount Jefferson Wilderness Area. SEC. 3. The distributive shares of the respective counties of receipts from the national forests from which the lands described in section 2

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 720 58 Stat. 737. 16 USC 500. Trust requirements. Commercial timber, public auction s a l e s.

Livestock grazing permits, con* version.

Right-of-way.

Public fishing.

Wildlife management, cooperative agreements.

Sunflower F l a t s, management.

U.S. Forest Service, fire lookout s t a t i o n s, u s e.

PUBLIC LAW 92-427-SEPT. 21, 1972

[86 STAT.

of this Act are excluded, as paid under the provisions of the Act of May_ 23, 1908 (35 Stat. 260), as amended, shall not be affected by the elimination of lands from such national forests by the enactment of this Act. SEC. 4. The declaration of trust made by this Act shall be subject to the following provisions: (a) Commercial timber from lands described in section 2 shall continue to be sold by public oral auction with qualifying sealed bids until January 1, 1992, such timber to be managed on a sustained yield basis, to be appraised and sold in accordance with established rules and regulations of the Secretary of Interior, and to be designated for primary manufacture in the United States. During such period until January 1, 1992, the Confederated Tribes of the Warm Springs Reservation of Oregon shall not participate in the bidding and shall not purchase or cut and remove any of the timber from the McQuinn Strip. (b) Existing valid livestock grazing permits issued by the United States Government shall be converted to lease agreements between the Confederated Tribes of the Warm Springs Reservation of Oregon and the permittees, such leases to be on the same fee schedule, terms, and conditions as existing permits, except that the leases shall continue until January 1, 1992. (c) For that portion of the Pacific Crest Trail tra\ersing the lands in the McQuinn Strip, the Secretary of Agriculture shall retain a right-of-way of not to exceed 200 feet in width for continued administration by the Secretary as the Pacific Crest Trail in accord with the provisions of the National Trails System Act (82 Stat. 919, 16 U.S.C. 1241-48). (d) All lakes within the boundaries of the lands transferred by this Act shall be open to public fishing, with appropriate access thereto, under rules and regulations adopted by the Confederated Tribes and approved by the Secretary of Interior. (e) The Confederated Tribes shall enter into a cooperative agreement with the Oregon State Game Commission for the enforcement of State regulations and laws affecting hunting and fishing on all lands, streams, and lakes in the McQuinn Strip for a period of ten years from the date of this Act. The cooperative agreement shall give the commission the option to extend the agreement for an additional ten-year period if, m the judgment of said commission, additional time is required for the Confederated Tribes of the Warm Springs Reservation of Oregon to develop an effective program of fish and game management on such lands. Notwithstanding the preceding provisions of this subsection, the cooperative agreement shall provide that the area known as Sunflower Flats, and described as follows: All of the ]McQuinn Strip within township 5 south and township 6 south, range 11 east of the Willamette meridian, Wasco County, Oregon, lying west of the Simnasho-Wapinitia Road, shall be managed jointly by the Confederated Tribes of the Warm Springs Reservation of Oregon and the Oregon State Game Commission until the agreement is canceled by mutual agreement, and that no hunting shall be permitted in such area without the joint agreement of both the Confederated Tribes and the Oregon State Game Commission. (f) The United States Forest Service shall have the right to the use without charge of all fire lookout stations within the McQuinn Strip, and the improvements and the lands upon which such improvements are located at the Bear Springs Ranger Station for so long as they

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are needed: Provided, That during such use, the Forest Service shall maintain the improvements. (g) All public campgrounds within the McQuinn Strip shall be campgrounds. jnanaged and maintained by the Confederated Tribes in perpetuity for use by the public with appropriate access thereto on the same basis that other comparable campgrounds are maintained by the Forest Service. (h) All public roads within the McQuinn Strip shall be maintained ^"^ '''^'^'• as public roads in perpetuity. (i) The Confederated Tribes of the Warm Springs Reservation of fenc7ng.^°""'^^'^' Oregon shall place an adequate fence for the control of livestock along the north boundary of the McQuinn Strip as soon as practicable after the enactment of this Act: Provided, That where fee patent lands are bisected by said north line, the Confederated Tribes shall pay 50 per centum of the cost of providing an adequate livestock fence along the boundary lines of such fee patent lands located within the McQuinn Strip in the event the owner of such fee patent lands shall desire to fence the same. On all fee patent lands located within the McQuinn ^ost sharing. Strip, the Confederated Tribes shall pay 50 per centum of the cost of providing an adequate livestock fence around said fee patent lands provided the owner of such lands desires to fence the same. (j) The lands subject to this Act shall be subject to the Water Right ^ ^f/^^^J^*'' Agreement entered into on the 29th day of June 1971, recorded July 8, *''**'"*" • 1971, in the records of Wasco County, Oregon, under microfilm numbered 711138, between the Confederated Tribes of the Warm Springs Reservation of Oregon and the Juniper Flat District Improvement Company, an Oregon corporation., SEC. 5. The Confederated Tribes of the Warm Springs Reservation reguiaVion"s'! t)f Oregon, with the approval of the Secretary of Interior, shall promulgate such rules and regulations, and shall enter into such contracts with the State of Oregon and with individuals, organizations, and agencies of the United States, as may be necessary or desirable to effectuate the provisions of this Act. Approved September 21, 1972. Public Law 92-428 AN ACT

To aiiu'iul the statutory ceiling ou salaries paynble tn I'hirwl States magistrates.

September 21, 1972

[H. R. 7375]

Be. it enacted by the Senate and Uov.^e of ReiJieiicntatlces of the United States of America in Congress asnenihled. That the first sen- U.S. magistrates. tence of subsection (a) of section 634 of title 28, United States Code, ^''VaTa'ry ceiiing, is amended to read as follows: adjustment. •'Officers appointed under this chapter shall receive as full com- 82stat. 1112 pensation for their services salaries to be fixed by the conference pursuant to section 633 of this title, at rates for full-time and parttime United States magistrates not to exceed the rates now or hereafter provided for full-time and part-time referees m bankruptcy, respectively, referred to in section 40a of the Bankruptcy Act (11 U.S.C. 68(a*)), as amended, except that the salary of a part-time United =7° ^'Vfil^^' States magistrate shall not be less than $100 nor more than $15,000 per annum, and except that the salary of a full-time United States magistrate shall not exceed 75 percent of the salary now or hereafter provided for a jud^e of a district court of the L"'"nited States referred to in section 135 of title 28 of the United States Code.'62 Stat. 89?; Approved September 21, 1972. '* ^'^'- ^^^'

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