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Page:United States Statutes at Large Volume 82.djvu/752

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PUBLIC LAW 90-479-AUG. 12, 1968

{B2 STAT.

$39,638,000 shall be derived from the reclamation fund and $2,098,000 shall be derived from the Colorado Kiver Dam fund: Provided, That funds advanced by water users for operation and maintenance of reclamation projects or parts thereof shall be deposited to the credit of this appropriation and may be expended for the same objects and in the same manner as sums appropriated herein may be expended, and the unexpended balances of such advances shall be credited to the appropriation for the next succeeding fiscal year. LOAN

PROGRAM

For loans to irrigation districts and other public agencies for construction of distribution systems on authorized Federal reclamation projects, and for loans and grants to non-Federal agencies for construction of projects, as authorized by the Acts of July 4, 1955, as 69 Stat. 244. 70 Stat. 1044. 42?d"^'^ 421 a-

43 USC 388.

amended (43 U.S.C. 4 2 1 a - ^ 2 1 d), and August 6, 1956 (43 U.S.C. 4 2 2 a 4 2 2 k), as amended, i n c l u d i n g expenses necessary for c a r r y i n g o u t the program, $2,965,000, to r e m a i n available u n t i l e x p e n d e d: Provided, r^^hat any contract under the Act of July 4, 1955 (69 Stat. 2 4 4), as amended, not y e t executed by the Secretary, which calls for the making of loans beyond the fiscal year in which the contract is entered i n to shall be m a d e only on the same conditions a s those prescribed in section 12 of the Act of August 4, 1939 (53 Stat. 1187, 1197). UPPER COLORADO RIVER STORAGE PROJECT

70 Stat. 107.

43 USC 62og.

For the Upper Colorado River Storage Project, as authorized by the Act of April 11, 1956 (43 U.S.C. 620d), to remain available until expended, $25,673,000, together with $2,000,000 to be derived by transfer from reimbursements to the "Emergency Fund", Bureau of Reclamation, of which $25,000,000 shall be available for the "Upper Colorado River Basin Fund", authorized by section 5 of said Act of April 11, 1956, and $2,673,000 shall be available for construction, operation and maintenance of recreational and fish and wildlife facilities authorized by section 8 thereof, and may be expended by bureaus of the Department through or in cooperation with State or other Federal agencies, and advances to such Federal agencies are hereby authorized: Provided, That no part of the funds herein appropriated shall be available for construction or operation of facilities to prevent waters of Lake Powell from entering any national monument. GENERAL ADMINISTRATIVE

59 Stat. 54.

EXPENSES

For necessary expenses of general administration and related functions in the offices of the Commissioner of Reclamation and in the regional offices of the Bureau of Reclamation, $11,950,000, to be derived from the reclamation fund and to be nonreimbursable pursuant to the Act of April 19, 1945 (43 U.S.C. 377): Provided, That no part of any other appropriation in this Act shall be available for activities or functions budgeted for the current fiscal year as general administrative expenses. SPECIAL F U N D S

32 Stat. 38854 tlTt. 7?"'

Sums herein referred to as being derived from the reclamation fund, the Colorado River Dam fund, or the Colorado River development fund, are appropriated from the special funds in the Treasury created ^y the Act of June 17, 1902 (43 U.S.C. 391), the Act of December 21, 1^28 ( ¥ U.S.C. 617a), and the Act of July 19, 1940 (43 U.S.C. 618a), respectively. Such sums shall be transferred, upon request of the Secretary, to be merged with and expended under the heads herein specified; and the unexpended balances of sums transferred for expenditure

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 82 STAT. ]

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711

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

Appropriations to the Bureau of Reclamation shall be available for purchase of not to exceed forty-five passenger motor vehicles for replacement only; purchase of two aircraft; payment of claims for damage to or loss of property, personal injury, or death arising out of activities of the Bureau of Reclamation; payment, except as otherwise provided for, of compensation and expenses of persons on the rolls of the Bureau of Reclamation appointed as authorized by law to represent the United States in the negotiation and administration of interstate compacts without reimbursement or return under the reclamation laws; rewards for information or evidence concerning violations of law involving property under the jurisdiction of the Bureau of Reclamation; performance of the functions specified under the head "Operation and Maintenance Administration", Bureau of Reclamation, in the Interior Department Appropriation Act, 1945; preparation and dissemination of useful information including recordings, photographs, and photographic prints; and studies of recreational uses of reservoir areas, and investigation and recovery of archeological and IDaleontological remains in such areas in the same manner as provided for in the Act of August 21, 1935 (16 U.S.C. 461-467): Provided, That no part of any appropriation made herein shall be available pursuant to the Act of April 19, 1945 (43 U.S.C. 377), for expenses other than those incurred on behalf of specific reclamation projects except "General Administrative Expenses" and amounts provided for reconnaissance, basin surveys, and general engineering and research under the head "General Investigations". Allotments to the Missouri River Basin project from the appropriation under the head "Construction and Rehabilitation" shall be available additionally for said project for those functions of the Bureau of Reclamation provided tor under the head "General Investigations" (but this authorization shall not preclude use of the appropriation under said head within that area), and for the continuation of investigations by agencies of the Department on a general plan for the development of the Missouri River Basin. Such allotments may be expended through or in cooperation with State and other Federal agencies, and advances to such agencies are hereby authorized. Sums appropriated herein which are expended in the performance of reimbursable functions of the Bureau of Reclamation shall be returnable to the extent and in the manner provided by law. No part of any appropriation for the Bureau of Reclamation, contained in this Act or in any prior Act, which represents amounts earned under the terms of a contract but remaining unpaid, shall be obligated for any other purpose, regardless of when such amounts are to be paid: Provided, That the incurring of any obligation prohibited by this paragraph shall be deemed a violation of section 3679 of the Revised Statutes, as amended (31 U.S.C. 666). No funds appropriated to the Bureau of Reclamation for operation and maintenance, except those derived from advances bj[ water users, shall be used for the particular benefits of lands (a) within the boundaries of an irrigation district, (b) of any member of a water users' organization, or (c) of any individual when such district, organization, or individual is in arrears for more than twelve months in the payment of charges due under a contract entered into with the United States pursuant to laws administered by the Bureau of Reclamation.

3-600 O - 69 - 48

32 Stat. 388. ^ ^' 58 Stat. 48?.

49 Stat. eee. 59 Stat. 54.

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


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Page:United States Statutes at Large Volume 82.djvu/754

 712

PUBLIC LAW 90-479-AUG. 12, 1968

[82 STAT.

Not to exceed $225,000 may be expended from the appropriation "Construction and rehabilitation" for work by force account on any one project or Missouri River Basin unit and then only when such work is unsuitable for contract or no acceptable bid has been received and, other than otherwise provided in this paragraph or as may be necessary to meet local emergencies, not to exceed 12 per centum of the construction allotment for any project from the appropriation "Construction and rehabilitation" contained in this Act shall be available for construction work by force account: Provided, That this paragraph shall not apply to work performed under the Rehabilitation 43 USC 504 and ^ud Betterment Act of 1949 (63 Stat. 724). note.

^

'

ALASKA POWER ADMINISTRATION GENERAL INVESTIGATIONS

J t e "^^ ^ "

For engineering and economic investigations to promote the development and utilization of the water, power and related resources of Alaska, $600,000, to remain available until expended: Provided, That $61,000 of this appropriation shall be transferred to the Bureau of Sport Fisheries and Wildlife for studies, investigations, and reports thereon, as required by the Fish and Wildlife Coordination Act of ^^^^ C^^ ^*^*- 563-565). OPERATION A N D

MAINTENANCE

For necessary expenses of operation and maintenance of projects in Alaska and of marketing electric power and energy, $402,000. BONNEVILLE POWER ADMINISTRATION CONSTRUCTION

For construction and acquisition of transmission lines, substations, and appurtenant facilities, as authorized by law, and purchase of one aircraft, $104,000,000, to remain available until expended: Provided, That the Bonneville Power Administration shall not supply power directly, or indirectly through any preference customer, to any phosphorous electric furnace plant in southern Idaho, Utah, or Wyoming. OPERATION A N D

MAINTENANCE

For necessary expenses of operation and maintenance of the Bonneville transmission system and of marketing electric power and energy, $19,500,000. ADMINISTRATIVE PROVISIONS

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

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Page:United States Statutes at Large Volume 82.djvu/755

 82 STAT J

PUBLIC LAW 90-479-AUG. 12, 1968

713

SOUTHEASTERN POWER ADMINISTRATION OPERATION AND MAINTENANCE

For necessary expenses of operation and maintenance of power transmission facilities and of marketing electric power and energy pursuant to the provisions of section 5 of the Flood Control Act of 1944 (16 U.S.C. 825s), as applied to the southeastern power area, including purchase of two passenger motor vehicles for replacement only, $850,000.

ss Stat. 89o.

SOUTHWESTERN POWER ADMINISTRATION CONSTRUCTION

For construction and acquisition of transmission lines, substations, and appurtenant facilities, and for administrative expenses connected therewith, in carrying out the provisions of section 5 of the Flood Control Act of 1944 (16 U.S.C. 825s), as applied to the southwestern power area, $4,020,000, to remain available until expended. OPERATION AND MAINTENANCE

For necessary expenses of operation and maintenance of power transmission facilities and of marketing electric power and energy - > pursuant to the provisions of section 5 of the Flood Control Act of 1944 (16 U.S.C. 825s), as applied to the southwestern power area, including purchase of not to exceed three passenger motor vehicles for replacement only, $2,350,000. CONTINUING

FUND

Not to exceed $3,200,000 shall be available during the current fiscal year from the continuing fund for all costs in connection with the purchase of electric power and energy, and rentals for the use of transmission facilities. FEDERAL WATER POLLUTION CONTROL ADMINISTRATION WATER SUPPLY AND WATER POLLUTION CONTROL

For expenses necessary to carry out the Federal Water Pollution Control Act, as amended, and other related activities, including ^^70 Stat. 4 9 8; ^^ 9 Stat. 903. $9,000,000 for grants to States and $1,000,000 for grants to interstate '3rusc'466 agencies under section 7 of such Act, $88,838,000: Provided, That "°'^ug^ $1,250,000 for grants to comprehensive basin planning agencies under ^^ ^^^'' section 3(c) of such Act and $21,200,000 for grants under section 6 of so Stat. 1246. such Act, shall remain available until expended: Provided further, H ulc tetl-i That the unexpended balance of funds appropriated under the heading "Grants for waste treatment works construction and sewer overflow control," for grants under section 6 of such Act shall be merged with this appropriation. CONSTRUCTION GRANTS FOR WASTE TREATMENT WORKS

For grants for construction of waste treatment works pursuant to section 8 of the Water Pollution Control Act, as amended, to remain available until expended, $214,000,000.

so Stat. 1243. " ^^^ ^^^'•

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[82 STAT.

GENERAL PROVISIONS—DEPARTMENT OF THE INTERIOR Emergency construction.

Fire prevention.

Operation of warehouses, etc.

47 Stat. 417-

Southwestern Power Administration.

SEC. 201. Appropriations in this title shall be available for expenditure or transfer (within each bureau or office), with the approval of the Secretary, for the emergency reconstruction, replacement or repair of aircraft, buildings, utilities, or other facilities or equipment damaged or destroyed by fire, flood, storm, or other unavoidable causes: Provided, That no funds shall be made available under this authority until funds specifically made available to the Department of the Interior for emergencies shall have been exhausted. SEC. 202. The Secretary may authorize the expenditure or transfer (within each bureau or office) of any appropriation in this title, in addition to the amounts included in the budget programs of the several agencies, for the suppression or emergency prevention of forest or range fires on or threatening lands under jurisdiction of the Department of the Interior. SEC. 203. Appropriations in this title shall be available for operation of warehouses, garages, shops, and similar facilities, wherever consolidation of activities will contribute to efficiency or economy, and said appropriations shall be reimbursed for services rendered to any other activity in the same manner as authorized by the Act of June 30, 1932 (31 U.S.C. 686): Provided, That reimbursements for costs of supplies, materials, and equipment, and for services rendered may be credited to the appropriation current at the time such reimbursements are received. SEC. 204. No part of any funds made available by this Act to the Southwestern Power Administration may be made available to any other agency, bureau, or office for any purposes other than for services rendered pursuant to law to the Southwestern Power Administration. TITLE III—INDEPENDENT OFFICES ATLANTIC-PACIFIC INTEROCEANIC CANAL STUDY COMMISSION SALARIES AND EXPENSES

For expenses necessary for an investigation and study, including surveys, to determine the feasibility of, and the most suitable site for construction of a sea-level canal connecting the Atlantic and Pacific Oceans: not to exceed $2,000 for official reception and representation expenses, $4,900,000, to remain available until expended. DELAWARE RIVER BASIN COMMISSION SALARIES AND EXPENSES

For expenses necessary to carry out the functions of the United States member of the Delaware River Basin Commission, as authorized by law (75 Stat. 716), $47,000. C O N T R I B U T I O N TO DELAWARE RIVER B A S I N

COMMISSION

For payment of the United States sha,re of the current expenses of the Delaware River Basin Commission, as authorized by law (75 Stat. 706, 707), $154,000.

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Page:United States Statutes at Large Volume 82.djvu/757

 82 STAT. ]

PUBLIC LAW 90-479-AUG. 12, 1968

715

INTERSTATE COMMISSION ON THE POTOMAC RIVER BASIN CONTRIBUTION TO INTERSTATE COMMISSION ON THE POTOMAC RIVER BASIN

To enable the Secretary of the Treasury to pay in advance to the Interstate Commission on the Potomac River Basin the Federal contribution toward the expenses of the Commission during the current fiscal year in the administration of its business in the conservancy district established pursuant to the Act of July 11, 1940 (54 Stat. 748), 33 USC 567b. $5,000. TENNESSEE VALLEY AUTHORITY PAYMENT TO TENNESSEE VALLEY AUTHORITY FUND

For the purpose of carrying out the provisions of the Tennessee Valley Authority Act of 1933, as amended (16 U.S.C. ch. 12A), includ- js Stat. ss^. ing purchase of three aircraft for replacement only, hire, maintenance, and operation of aircraft, and purchase (not to exceed two hundred for replacement only) and hire of passenger motor vehicles, $50,250,000, to remain available until expended. WATER RESOURCES COUNCIL WATER R E S O U R C E S PLANNING

For expenses necessary in carrying out the provisions of titles I and II of the Water Resources Planning Act of 1965 (42 U.S.C. 19621962d-5), including services as authorized by 5 U.S.C. 3109, but at rates not to exceed $100 per diem for individuals, and hire of passenger motor vehicles, $1,020,000: Provided, That the share of the expenses of any river basin commission borne by the Federal Government, pursuant to title II of the Water Resources Planning Act of 1965, shall not exceed $200,000 annually for recurring operating expenses, including the salary and expenses of the chairman.

^o Stat. 4i6.

FINANCIAL A S S I S T A N C E TO STATES

For expenses necessary in carrying out the provisions of title III of the Water Resources Planning Act of 1965 (42 U.S.C. 1962-1962^-5), including services as authorized by 5 U.S.C. 3109, but at rates not to exceed $100 per diem for individuals, and hire of passenger motor vehicles, $2,602,500, to remain available until expended. TITLE IV—ATOMIC E N E R G Y COMMISSION OPERATING EXPENSES

For necessary operating expenses of the Commission in carrying out the purposes of the Atomic Energy Act of 1954, as amended, ^^ Stat. 919. including the employment of aliens; services authorized by 5 U.S.C. note. 3109; hire, maintenance, and operation of aircraft; publication and dissemination of atomic information; purchase, repair and cleaning of uniforms; official entertainment expenses (not to exceed $30,000); reimbursement of the General Services Administration for security guard services; hire of passenger motor vehicles; $2,109,300,000 and any moneys (except sums received from disposal of property under the Atomic Energy Community Act of 1955, as amended (42 U ^. C. 2301)) received by the Commission, notwithstanding the provisions ^^ ^'^*- '*^^of section 3617 of the Revised Statutes (31 U.S.C. 484), to remain

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Page:United States Statutes at Large Volume 82.djvu/758

 716

PUBLIC LAW 90-479-AUG. 12, 1968

[82 STAT.

available until expended: Provided, That of such amount $100,000 may be expended for objects of a confidential nature and in any such case the certificate of the Commission as to the amount of the expenditure and that it is deemed inadvisable to specify the nature thereof shall be deemed a sufficient voucher for the sum therein expressed to have been expended: Provided further, That from this appropriation transfers of sums may be made to other agencies of the Government for the performance of the work for which this appropriation is made, and m such cases the sums so transferred may be merged with the appropriation to which transferred: Provided further, That no part of this appropriation shall be used in connection with the payment of a fixed fee to any contractor or firm of contractors engaged under a cost-plus-a-fixed-fee contract or contracts at any installation of the Commission, where that fee for community management is at a rate in excess of $90,000 per annum, or for the operation of a transportation system where that fee is at a rate in excess of $45,000 per annum. PLANT AND CAPITAL EQUIPMENT

68 Stat. 919. 42 USC 2011 note.

For expenses of the Commission, as authorized by law, in connection with the purchase and construction of plant and the acquisition of capital equipment and other expenses incidental thereto necessary in carrying out the purposes of the Atomic Energy Act of 1954, as amended, including the acquisition or condemnation of any real property or any facility or for plant or facility acquisition, construction, or expansion; purchase of not to exceed five hundred and fifty-three for replacement only, of which eleven for police-type use may exceed by $300 each the general purchase price limitation for the current fiscal year, and hire of passenger motor vehicles; and hire of aircraft; $461,574,000, to remain available until expended. GENERAL PROVISIONS

Transfer of funds; report to congressional committees.

Restriction on fellowships.

Penalty.

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

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 82 STAT. ]

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717

TITLE V—GENERAL PROVISIONS DEPARTMENTS, AGENCIES, AND CORPORATIONS

SEC. 501. Unless otherwise specifically provided, the maximum m<^^''ve1i^cte^s. amount allowable during the current fiscal year in accordance with section 16 of the Act of August 2, 1946 (60 Stat. 810), for the purchase ^i use easa. of any passenger motor vehicle (exclusive of buses and ambulances), is hereby fixed at $1,500 except station wagons for which the maximum shall be $1,950. SEC. 502. Unless otherwise specified and during the current fiscal compensation year, no part of any appropriation contained in this or any other Act Ita^l^atusle^^'^ shall be used to pay the compensation of any oiRcer or employee of the quired. Government of the United States (including any agency the majority of the stock of which is owned by the Government of the United States) whose post of duty is in continental United States unless such person (1) is a citizen of the United States, (2) is a person in the service of the United States on the date of enactment of this Act, who, being eligible for citizenship, had filed a declaration of intention to become a citizen of the United States prior to such date, (3) is a person who owes allegiance to the United States, or (4) is an alien from Poland or the Baltic countries lawfully admitted to the United States for permanent residence: Provided, That for the purpose of this section, an affidavit signed by any such person shall be considered prima facie evidence that the requirements of this section with respect to his status have been complied with: Provided further, That any person making a false Penalty. affidavit shall be guilty of a felony, and, upon conviction, shall be fined not more than $4,000 or imprisoned for not more than one year, or both: Provided further, That the above penal clause shall be in addition to, and not in substitution for, any other provisions of existing law: Provided further, That any payment made to any officer or employee contrary to the provisions of this section shall be recoverable in action by the Federal Government. This section shall not apply to Exceptions. citizens of the Republic of the Philippines or to nationals of those countries allied with the United States in the current defense effort, or to temporary employment of translators, or to temporary employment in the field service (not to exceed sixty days) as a result of emergencies. SEC. 503. Appropriations of the executive departments and inde- a„^"s'"*etc °"°'^" pendent establishments for the current fiscal year, available for expenses of travel or for the expenses of the activity concerned, are hereby made available for quarters allowances and cost-of-living allowances, in accordance with title II of the Act of September 6, 1960 (74 Stat. 793). ?Vs?592'>-SEC. 504. No part of any appropriation for the current fiscal year 5925 and notes. contained in this or any other Act shall be paid to any person for the filling of any position for which he or she has been nominated after the Senate has voted not to approve the nomination of said person. SEC. 505. No part of any appropriation contained in this or any other Act for the current fiscal year shall be used to pay in excess of $4 per volume for the current and future volumes of the United States Code, Annotated, and such volumes shall be purchased on condition and with the understanding that latest published cumulative annual pocket parts issued prior to the date or purchase shall be furnished free of charge, or in excess of $4.25 per volume for the current or future volumes of the Lifetime Federal Digest, or in excess of $6.50 per volume for the current or future volumes of the Modern Federal Practice Digest. SEC. 506. Funds made available by this or any other Act for administrative expenses in the current fiscal year of the corporations and agencies subject to the Government Corporation Control Act, as

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Page:United States Statutes at Large Volume 82.djvu/760

 718 59 Stat. 841. 80 Stat. 416.

Foreign credits. 31 USC 724-

Publicity or propaganda.

Time limitation.

Interdepartmental boards etc., exemption. 59 Stat. 134.

Short title.

PUBLIC LAW 90-480-AUG. 12, 1968

[82 STAT.

amended (31 U.S.C. 841), shall be available, in addition to objects for which such funds are otherwise available, for rent in the District of Columbia; services in accordance with 5 U.S.C. 3109; and the objects specified under this head, all the provisions of which.shall be applicable to the expenditure of such funds unless otherwise specified in the Act by which they are made available: Provided, That in the event any functions budgeted as administrative expenses are.subsequehtly transferred to or paid from other funds, the limitations on administrative expenses shall be correspondingly reduced. SEC. 507. Pursuant to section 1415 of the Act of July 15, 1952 (66 Stat. 662), foreign credits (including currencies) owed to or owned by the United States may be used by Federal agencies for any p^urpose for which appropriations are made for the current fiscal year (including the carrying out of Acts requiring or authorizing the use of such credits), only when reimbursement therefor is made to the Treasury from applicable appropriations of the agency concerned: Provided, That such credits received as exchange allowances or proceeds of sales of personal property may be used in whole or part payment for acquisition of similar items, to the extent and in the manner authorized by law, without reimbursement to the Treasury. SEC. 508. No part of any appropriation contained in this or any other Act, or of the funds available for expenditure by any corporation or agency, shall be used for publicity or propaganda purposes designed to support or defeat legislation pending before Congress. SEC. 509. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein. SEC. 510. No part of any appropriation contained in this or any other Act, shall be available to finance interdepartmental boards, commissions, councils, committees, or similar groups under section 214 of the Independent Offices Appropriation Act, 1946 (31 U.S.C. 691) which do not have prior and specific congressional approval of such method of financial support. This Act may be cited as the "Public Works for Water and Power Resources Development and Atomic Energy Commission Appropriation Act, 1969". Approved August 12, 1968.

Public Law 90-480 August 12, 1968 [S. 222]

Public buildings. Accessibility to physically handicapped.

AN ACT To insure that certain buildings financed with Federal funds are so designed and constructed as to be accessible to the phj sically handicapped. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, as used in this Act, the term "building" means any building or facility (other than (A) a privately owned residential structure and (B) any building or facility on a military installation designed and constructed primarily for use by able bodied military personnel) the intended use for which either will require that such building or facility be accessible to the public, or may result in the employment or residence therein of physically handicapped persons, which building or facility is—

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 82

STAT.]

PUBLIC LAW 90-480-AUG. 12, 1968

719

(1) to be constructed or altered by or on behalf of the United States; (2) to be leased in whole or in part by the United States after the date of enactment of this Act after construction or alteration in accordance with plans and specifioations of the United States; or (3) to be financed in whole or in part by a grant or a loan made by the United States after the date of enactment of this Act if such building or facility is subject to standards for design, construction, or alteration issued under authority of the law authorizing such grant or loan. SEC. 2. The Administrator of General Services, in consultation with Standards. the Secretary of Health, Education, and Welfare, is authorized to prescribe such standards for the design, construction, and alteration of buildings (other than residential s t r u c t u r e subject to this Act and buildings, structures, and facilities of the Department of Defense subject to this Act) as may be necessary to insure that physically handicapped persons will have ready access to, and use of, such buildings. SEC. 3. The Secretary of Housing and Urban Development, in consultation with the Secretary of Health, Education, and Welfare, is authorized to prescribe such standards for the design, construction, and alteration of buildings which are residential structures subject to this Act as may be necessary to insure that physically handicapped persons will have ready access to, and use of, such buildings. SEC. 4. The Secretary of Defense, in consultation with the Secretary of Health, Education, and Welfare, is authorized to prescribe such standards for the design, construction, and alteration of buildings, structures, and facilities of the Department of Defense subject to this Act as may be necessary to insure that physically handicapped persons will have ready access to, and use of, such buildings. SEC. 5. Every building designed, constructed, or altered after the Applicability. effective date of a standard issued under this Act which is applicable to such building, shall be designed, constructed, or altered in accordance with such standard. SEC. 6. The Administrator of General Services, with respect to standards issued under section 2 of this xVct, and the Secretary of Housing and Urban Development, with respect to standards issued under section 3 of this Act, and the Secretary of Defense with respect to standards issued under section 4 of this Act, is authorized— (1) to modify or waive any such standard, on a case-by-case Waiver. basis, upon application made by the head of the department, agency, or instrumentality of the United States concerned, and upon a determination by the Administrator or Secretary, as the case may be, that such modification or waiver is clearly necessary, and Surveys and (2) to conduct such surveys and investigations as he deems vestigations. innecessary to insure compliance with such standards. Approved August 12, 1968.

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 720

PUBLIC LAW 90-461-AUG. 12, 1968

[82 STAT.

Public Law 90-481 August 12, 1968 [S. 1166]

Natural Gas P i p e l i n e Safety Act of 1968.

AN ACT To authorize the Secretary of Transportation to prescribe safety standards for the transportation of natural and other gas by pipeline, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the ' N a t u r a l Gas Pipeline Safety Act of 1968". DEFINITIONS

49 Stat. 543; 54 Stat. 919. 49 USC 3 0 1. 52 Stat. 8 2 1. 15 USC 717w.

SEC. 2. As used in this Act— (1) "Person" means any individual, firm, joint venture, partnership, corporation, association, State, municipality, cooperative association, or joint stock association, and includes any trustee, receiver, assignee, or personal representative thereof; (2) "Gas" means natural gas, flammable gas, or gas which is toxic or corrosive; (3) "Transportation of gas" means the gathering, transmission or distribution of gas by pipeline or its storage in or affecting interstate or foreign commerce; except that it shall not include the gathering of gas in those rural locations which lie outside the limits of any incorporated or unincorporated city, town, village, or any other designated residential or commercial area such as a subdivision, a business or shopping center, a community development, or any similar populated area which the Secretary may define as a nonrural area; (4) "Pipeline facilities" includes, without limitation, new and existing pipe rights-of-way and any equipment facility, or building used in the transportation of gas or the treatment of gas during the course of transportation but "rights-of-way" as used in this Act does not authorize the Secretary to prescribe the location or routing of any pipeline facility; (5) "State" includes each of the several States, the District of Columbia, and the Commonwealth of Puerto Rico; (6) "Municipality" means a city, county, or any other political subdivision of a State; (7) "National organization of State commissions" means the national organization of the State commissions referred to in part II of the Interstate Commerce Act; (8) "Interstate transmission facilities" means pipeline facilities used in the transportation of gas which are subject to the jurisdiction of the Federal Power Commission under the Natural Gas Act; and (9) "Secretary" means the Secretary of Transportation. STANDARDS ESTABLISHED

SEC. 3. (a) As soon as practicable but not later than three months after the enactment of this Act, the Secretary shall, by order, adopt as interim minimum Federal safety standards for pipeline facilities and the transportation of gas in each State the State standards regulating pipeline facilities and the transportation of gas within such State on the date of enactment of this Act. In any State in which no such standards are in effect, the Secretary shall, by order, establish interim Federal safety standards for pipeline facilities and the transportation of gas in such State which shall be such standards as are common to a majority of States having safety standards for the transportation of gas and pipeline facilities on such date. Interim standards shall remain in effect until amended or revoked pursuant to this section. Any State agency may adopt such additional or more stringent

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standards for pipeline facilities and the transportation of gas not subject to the jurisdiction of the Federal Power Commission under the Natural Gas Act as are not incompatible with the Federal mini- ^2 sta^ 82^K mum standards, but may not adopt or continue in force after the interim standards provided for above become effective any such standards applicable to interstate transmission facilities. (b) Not later than twenty-four months after the enactment of this ^^l^^^^^l ^^^^^^ Act, and from time to time thereafter, the Secretary shall, by order, establish minimum Federal safety standards for the transportation of gas and pipeline facilities. Such standards may apply to the design, installation, inspection, testing, construction, extension, operation, replacement, and maintenance of pipeline facilities. Standards affecting the design, installation, construction, initial inspection, and initial testing shall not be applicable to pipeline facilities in existence on the date such standards are adopted. Whenever the Secretary shall find a particular facility to be hazardous to life or property, he shall be empowered to require the person operating such facility to take such steps necessary to remove such hazards. Such Federal safety standards shall be practicable and designed to meet the need for pipeline safety. I n prescribing such standards, the Secretary shall consider— facto^s''^^'^^'°" (1) relevant available pipeline safety data; (2) whether such standards are appropriate for the particular type of pipeline transportation; (3) the reasonableness of any proposed standards; and (4) the extent to which such standards will contribute to public safety. Any State agency may adopt such additional or more stringent standards for pipeline facilities and the transportation of gas not subject to the jurisdiction of the Federal Power Commission under the Natural Gas Act as are not incompatible with the Federal minimum standards, but may not adopt or continue in force after the minimum Federal safety standards referred to in this subsection become effective any such standards applicable to interstate transmission facilities. (c) Any standards prescribed under this section, and amendments Effective date. thereto, shall become effective thirty days after the date of issuance of such standards unless the Secretary, for good cause recited, determines an earlier or later effective date is required as a result of the period reasonably necessary for compliance. (d) The provisions of subchapter II of chapter 5 of title 5 of the United States Code shall apply to all orders establishing, amending, c^us^c'ss^^V 9 revoking, or waiving compliance with, any standard established under this Act. The Secretary shall afford interested persons an opportunity to participate fully in the establishment of such safety standards through submission of written data, views, or arguments with opportunity to present oral testimony and argument. (e) Upon application by any person engaged in the transportation wllvef oT^comof gas or the operation of pipeline facilities, the Secretary may, after Jifance" notice and opportunity for hearing and under such terms and conditions and to such extent as he deems appropriate, waive in whole or in part compliance with any standard established under this Act, if he determines that a waiver of compliance with such standard is not inconsistent with gas pipeline safety. The Secretary shall state his reasons for any such waiver. A State agency, with respect to which there is in effect a certification pursuant to section 5(a) or an agreement pursuant to section 5(b), may waive compliance with a safety standard in the same manner as the Secretary, provided such State agency gives the Secretary written notice at least sixty days prior to the effective date of the waiver. If, before the effective date of a waiver to be granted by a State agency, the Secretary objects in writing to the

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 722 Notice to State agency; opportunity for hearing.

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[82 STAT.

granting of the waiver, any State agency action granting the waiver will be stayed. After notifying such State agency of his objection, the Secretary shall afford such agency a prompt opportunity to present its request for waiver, with opportunity for hearing, and the Secretary shall determine finally whether the requested waiver may be granted. T E C H N I C A L P I P E L I N E SAFETY STANDARDS COMMITTEE

Membership.

Report of proposed standards.

Publication.

Committee proceedings, availability to public.

80 Stat. 499.

SEC. 4. (a) The Secretary shall establish a Technical Pipeline Safety Standards Committee. The Committee shall be appointed by the Secretary, after consultation with pubjlic and private agencies concerned with the technical aspect of the transportation of gas or the operation of pipeline facilities, and shall be composed of fifteen members each of whom shall be experienced in the safety regulation of the transportation of gas and of pipeline facilities or technically qualified by training and experience in one or more fields of engineering applied in the transportation of gas or the operation of pipeline facilities to evaluate gas pipeline safety standards, as follows: (1) Five members shall be selected from governmental agencies, including State and Federal Governments, two of whom, after consultation with representatives of the national organization of State commissions, shall be State commissioners; (2) Four members shall be selected from the natural gas industry after consultation with industry representatives, not less than three of whom shall be currently engaged in the active operation of natural gas pipelines; and (3) Six menibers shall be selected from the general public. (b) The Secretary shall submit to the Committee all proposed standards and amendments to such standards and afford such Committee a reasonable opportunity, not to exceed ninety days, unless extended by the Secretary, to prepare a report on the technical feasibility, reasonableness, and practicability of each such proposal. Each report by the Committee, including any minority views, shall be published by the Secretary and form a part of the proceedings for the promulgation of standards. In the event that the Secretary rejects the conclusions of the majority of the Committee, he shall not be bound by such conclusions but shall publish his reasons for rejection thereof. The Committee may propose safety standards for pipeline facilities and the transportation of gas to the Secretary for his consideration. All proceedings of the Committee shall be recorded and the record of each such proceeding shall be available for public inspection. (c) Members of the Committee other than Federal employees may be compensated at a rate to be fixed by the Secretary not to exceed $100 per diem (including travel time) when engaged in the actual duties of the Committee. All members, while away from their homes or regular places of business, may be allowed travel expenses, including per diem in lieu of subsistence as authorized by section 5703 of title 5, United States Code, for persons in the Government service employed intermittently. Payments under this section shall not render members of the Committee employees or officials of the United States for any purpose. STATE CERTIFICATIONS AND

52 Stat. 8 2 1. 15 USC 717w.

AGREEMENTS

SEC. 5. (a) Except for the fourth sentence of section 3(b), section 12(b), and except as otherwise provided in this section, the provisions of this Act shall not apply to pipeline facilities and the transportation of gas (not subject to the jurisdiction of the Federal Power Commission under the Natural Gas Act) within a State when the safety stand-

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ards and practices applicable to same are regulated by a State agency (including a municipality) which submits to the Secretary an annual certification that such State agency (1) has regulatory jurisdiction over the safety standards and practices of such pipeline facilities and transportation of gas; (2) has adopted each Federal safety standard applicable to such pipeline facilities and transportation of gas established under this Act as of the date of the certification; (3) is enforcing each such standard; and (4) has the authority to require record maintenance, reporting, and inspection substantially the same as are provided under section 12 and the filing for approval of plans of inspection and maintenance described in section 11; and that the law of the State makes provision for the enforcement of the safety standards of such State agency by way of injunctive and monetary sanctions substantially the same as are provided under sections 9 and 10; except that a State agency may file a certification under this subsection without regard to the requirement of injunctive and monetary sanctions under State law for a period not to exceed two years after the date of enactment of this Act. Each annual certification shall include a report, in such form as the Secretary may by regulation provide, showing (i) name and address of each person subject to the safety jurisdiction of the State agency; (ii) all accidents or incidents reported during the preceding twelve months by each such person inv^olving personal injury requiring hospitalization, fatality, or property damage exceeding $1,000, together with a summary of the State agency's investigation as to the cause and circumstances surrounding such accident or incident; (iii) the record maintenance, reporting, and inspection practiced by the State agency to enforce compliance with such Federal safety standards, including a detail of the number of inspections made of pipeline facilities by the State agency during the preceding twelve months; and (iv) such other information as the Secretary may require. The report included with the first annual certification need not show information unavailable at that time. If after receipt of annual certification, the Secretary determines that the State agency is not satisfactorily enforcing compliance with Federal safety standards, he may, on reasonable notice and after opportunity for hearing, rejec'^ the certification or take such other action as he deems appropriate to achieve adequate enforcement including the assertion of P'ederal jurisdiction. When such notice is given by the Secretary, the burden of proof shall be upon the State agency to show that it is satisfactorily enforcing compliance with Federal safety standards. (b) With respect to any pipeline facilities and transportation of gas (not subject to the jurisdiction of the Federal Power Commission under the Natural Gas Act) for which the Secretary does not receive an annual certification under subsection (a) of this section, the Secretary is authorized by agreement with a State agency (including a municipality) to authorize such agency to assume responsibility for, and carry out on behalf of the Secretary as it relates to pipeline facilities and the transportation of gas not subject to the jurisdiction of the Federal Power Commission under the Natural Gas Act the necessary actions to— (1) establish an adequate program for record maintenance, reporting, and inspection designed to assist compliance with Federal safety standards; (2) establish procedures for approval of plans of inspection and maintenance substantially the same as are required under section (3) implement a compliance program acceptable to the Secretary including provision for inspection of pipeline facilities used in such transportation of gas; and

723

^J^^P°''^tents.

'=°"'

^^ st^at. 82 1

15 USC 717w.

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Page:United States Statutes at Large Volume 82.djvu/766

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Violations, notification to Secretary.

52 Stat. 821. 15 USC 717w.

Publication in Federal Register.

PUBLIC LAW 90-481-AUG. 12, 1968

[82 STAT.

(4) cooperate fully in a system of Federal monitoring of such compliance program and reporting under regulations prescribed by the Secretary. Any agreement executed pursuant to this subsection shall require the State agency promptly to notify the Secretary of any violation or probable violation of a Federal safety standard which it discovers as a result of its program. (c)(1) Upon an application submitted not later than September 30 in any calendar year, the Secretary is authorized to pay out of funds appropriated pursuant to section 15 up to 50 per centum of the cost of the personnel, equipment, and activities of a State agency reasonably required to carry out a safety program under a certification under subsection (a) or an agreement under subsection (b) of this section during the following calendar year. No such payment may be made unless the State agency making application under this subsection gives assurances satisfactory to the Secretary that the State agency will provide the remaining cost of such a safety program and that the aggregate expenditures of funds of the State, exclusive of Federal grants, for gas safety programs will be maintained at a level which does not fall below the average level of such expenditures for the last two fiscal years preceding the date of enactment of this section, (2) Payments under this section may be made in installments, in advance or by way of reimbursement, with necessary adjustments on account of overpayments and underpayments. (3) The Secretary may, by regulation, provide for the form and manner of filing of applications under this section, and for such reporting and fiscal procedures as he deems necessary to assure the proper accounting for Federal funds. (d) A certification which is in effect under subsection (a) of this section shall not apply with respect to any new or amended Federal safety standard for pipeline facilities or the transportation of gas, not subject to the jurisdiction of the Federal Power Commission under the Natural Gas Act, established pursuant to this Act after the date of such certification. The provisions of this Act shall apply to any such new or amended Federal safety standard until the State agency has adopted such standard and has submitted an appropriate certification in accordance with the provisions of subsection (a) of this section. (e) Any agreement under this section may be terminated by the Secretary if, after notice and opportunity for a hearing, he finds that the State agency has failed to comply with any provision of such agreement. fc»uch finding and termination shall be published in the Federal Register, and shall become effective no sooner than fifteen days after the date of publication. JUDICIAL REVIEW OF ORDERS

80 Stat. 392. 5 USC 701-706.

SEC. 6. (a) Any person who is or will be adversely affected or aggrieved by any order issued under this Act may at any time prior to the sixtieth day after such order is issued file a petition for a judicial review with the United States Court of Appeals for the District of Columbia or for the circuit wherein such petitioner is located or has his principal place of business. A copy of the petition shall be forthwith transmitted by the clerk of the court to the Secretary or other officer designated by him for that purpose. (b) Upon the filing of the petition referred to in subsection (a), the court shall have jurisdiction to review the order in accordance with chapter 7 of title 5 of the United States Code and to grant appropriate relief as provided in such chapter. (c) The judgment of the court affirming or setting aside, in whole or in part, any such order of the Secretary shall be final, subject to

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review by the Supreme Court of the United States upon certiorari or certification as provided in section 1254 of title 28 of the United States Code.

62 Stat. 928.

(d) Any action instituted under this section shall survive, notwithstanding any change in the person occupying the office of Secretary or any vacancy in such office. (e) The remedies provided for in this section shall be in addition to and not in substitution for any other remedies provided by law. COOPERATION W I T H FEDERAL POWER COMMISSION AND STATE COMMISSION S

SEC. 7. Whenever the establishment of a standard or action upon application for waiver under the provisions of this Act, would affect continuity of any gas services, the Secretary shall consult with and advise the Federal Power Commission or State commission having jurisdiction over the affected pipeline facility before establishing the standard or acting on the waiver application and shall defer the effective date until the Federal Power Commission or any such commission has had reasonable opportunity to grant the authorizations it deems necessary. In any proceedings under section 7 of the Natural Gas Act (15 U.S.C. 717f) for authority to establish, construct, operate, or ex- 52 Stat. 824; tend a gas pipeline which is or will be subject to Federal or other g^ H^^ ^^ applicable safety standards, any applicant shall certify that it will design, install, inspect, test, construct, operate, replace, and maintain the pipeline facilities in accordance with Federal and other applicable safety standards and plans for maintenance and inspection. Such certification shall be binding and conclusive upon the Commission unless the relevant enforcement agency has timely advised the Commission in writing that the applicant has violated safety standards established pursuant to this Act. COMPLIANCE

SEC. 8. (a) Each person who engages in the transportation of gas or who owns or operates pipeline facilities shall— (1) at all times after the date any applicable safety standard established under this Act takes effect comply with the requirements of such standard; and (2) file and comply with a plan of inspection and maintenance required by section 11; and (3) permit access to or copying of records, and make reports or provide information, and permit entry or inspection, as required under section 12. (b) Nothing in this Act shall affect the common law or statutory tort liability of any person. CIVIL PENALTY

SEC. 9. (a) Any person who violates any provision of section 8(a), or any regulation issued under this Act, shall be subject to a civil penalty of not to exceed $1,000 for each such violation for each day that such violation persists, except that the maximum civil penalty shall not exceed $200,000 for any related series of violations: Provided, That for a reasonable period of time, not to exceed one year after the date of enactment of this Act, such civil penalties shall not be applicable to pipeline facilities existing on such date of enactment. (b) Any such civil penalty may be compromised by the Secretary. I n determining the amount of such penalty, or the amount agreed upon in compromise, the appropriateness of such penalty to the size of the business of the person charged, the gravity of the violation, and the good faith of the person charged in attempting to achieve compliance,

Exception.

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[82 STAT.

after notification of a violation, shall be considered. The amount of such penalty, when finally determined, or the amount agreed upon in compromise, may be deducted from any sums owing by the United States to the person charged or may be recovered in a civil action in the United States district courts. INJUNCTION AND JURISDICTION

28 USC app.

18 USC app.

SEC. 10. (a) The United States district courts shall have jurisdiction, subject to the provisions of rule 65 (a) and (b) of the Federal Kules of Civil Procedure, to restrain violations of this Act (including the restraint of transportation of gas or the operation of a pipeline facility) or to enforce standards established hereunder upon petition by the appropriate United States attorney or the Attorney General on behalf of the United States. Whenever practicable, the Secretary shall give notice to any person against whom an action for.injunctive relief is contemplated and afford him an opportunity to present his views, and, except in the case of a knowing and willful violation, shall afford him reasonable opportunity to achieve compliance. However, the failure to give such notice and afford such opportunity shall not preclude the granting of appropriate relief. (b) In any proceeding for criminal contempt for violation of an injunction or restraining order issued under this section, which violation also constitutes a violation of this Act, trial shall be by the court or, upon demand of the accused, by a jury. Such trial shall be conducted in accordance with the practice and procedure applicable in the case of proceedings subject to the provisions of rule 42(b) of the Federal Rules of Criminal Procedure. (c) Actions under subsection (a) of this section and section 9 may be brought in the district wherein any act or transaction constituting the violation occurred, or in the district wherein the defendant is found or is an inhabitant or transacts business, and process in such cases may be served in any other district of which the defendant is an inhabitant or transacts business or wherever the defendant may be found. (d) In any action brought under subsection (a) of this section and section 9, subpenas for witnesses who are required to attend a United States district court may run into any other district. INSPECTION AND M.4INTENANCE PLANS

Plans, filing with State agency. 52 Stat. 821. 15 USC 717W.

Consideration factors.

SEC. 11. Each person who engages in the transportation of gas or who owns or operates pipeline facilities not subject to the jurisdiction of the Federal Power Commission under the Natural Gas Act shall file with the Secretary or, where a certification or an agreement pursuant to section 5 is in effect, with the State agency, a plan for inspection and maintenance of each such pipeline facility owned or operated by such person, and any changes in such plan, in accordance with regulations prescribed by the Secretary or appropriate State agency. The Secretary may, by regulation, also require persons who engage in the transportation of gas or who own or operate pipeline facilities subject to the provisions of this Act to file such plans for approval. If at any time the agency with responsibility for enforcement of compliance with the standards established under this Act finds that such plan is inadequate to achieve safe operationj such agency shall, after notice and opportunity for a hearing, require such plan to be revised. The plan required by the agency shall be practicable and designed to meet the need for pipeline safety. I n d^ermining the adequacy of any such plan, such agency shall consider— (1) relevant available pipeline safety data;

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(2) whether the plan is appropriate for the particular type of pipeline transportation; (3) the reasonableness of the plan; and (4) the extent to which such plan will contribute to public safety. RECORDS, REPORTS, AND INSPECTION FOR COMPLIANCE

SEC. 12. (a) Each person who engages in the transportation of gas or who owns or operates pipeline facilities shall establish and maintain such records, make such reports, and provide such information as the Secretary may reasonably require to enable him to determine whether such person has acted or is acting in compliance with this Act and the standards established under this Act. Each such person shall, upon request of an officer, employee, or agent authorized by the Secretary, permit such officer, employee, or agent to inspect books, papers, records, and documents relevant to determining whether such person has acted or is acting in compliance with this Act and the standards established pursuant to this Act. (b) The Secretary is authorized to conduct such monitoring of State P '

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enforcement practices and such other inspection and investigation as may be necessary to aid in the enforcement of the provisions of this Act and the standards established pursuant to this Act. He shall furnish the Attorney General any information obtained indicating noncompliance with such standards for appropriate action. For purposes of enforcement of this Act, officers, employees, or agents authorized by the Secretary, upon presenting appropriate credentials to the individual in charge, are authorized (1) to enter upon, at reasonable times, pipeline facilities, and (2) to inspect, at reasonable times and within reasonable limits and in a reasonable manner, such facilities. Each such inspection shall be commenced and completed with reasonable promptness. (c) Accident reports made by any officer, employee, or agent of the Department of Transportation shall be available tor use in any civil, criminal, or other judicial proceeding arising out of such accident, Any such officer, employee, or agent may be required to testify in such proceedings as to the facts developed in such investigations. Any such report shall be made available to the public in a manner which need not identify individuals. All reports on research projects, demonstration projects, and other related activities shall be public information. (d) All information reported to or otherwise obtained by the Secretary or his representative pursuant to subsection (a), (b), or (c) which information contains or relates to a trade secret referred to in section 1905 of title 18 of the United States Code shall be considered confidential for the purpose of that section, except that such information may be disclosed to other officers or employees concerned with carrying out this Act or when relevant in any proceeding under this Act. Nothing in this section shall authorize the withholding of information by the Secretary or any officer, employee, or agent under his control, from the duly authorized committees of the Congress.

Monitoring of state enforcement

practices.

Accident re^"Availability in judicial proceed'"^^•

62 Stat. 791.

ADMINISTRATION

SEC. 13. (a) The Secretary shall conduct research, testing, develop- Research and ment, and training necessary to carry out the provisions of this Act. ^com^^^t"! etc. The Secretary is authorized to carry out the provisions of this section by contract, or by grants to individuals, States, and nonprofit institutions. (b) Upon request, the Secretary shall furnish to the Federal Power. ^^^^*y °^ ""''**" Commission any information he has concerning the safety of any "^^^' ^*'''

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wuh o^hefi°g"ncies.

PUBLIC LAW 90-481-AUG. 12, 1968

[82 STAT.

materials, operations, devices, or processes relating to the transportation of gas or the operation of pipeline facilities, (^) "^^^ Secretary is authorized to advise, assist, and cooperate with other Federal departments and agencies and State and other interested public and private agencies and persons, in the planning and development of (1) Federal safety standards, and (2) methods for inspecting and testing to determine compliance with Federal safety standards. A N N U A L REPORT

dent* and c'or-'^*^' ^^^- ^'^- (^) '^^^^ Secretary shall prepare and submit to the President gress. for transmittal to the Congress on March 17 of each year a comprehensive report on the administration of this Act for the preceding Contents. Calendar year. Such report shall include— (1) a thorough compilation of the accidents and casualties occurring in such year with a statement of cause whenever investigated and determined by the National Transportation Safety Board; (2) a list of Federal gas pipeline safety standards established or in effect in such year with identification of standards newly established during such year; (3) a summary of the reasons for each waiver granted under section 3(e) during such year; (4) an evaluation of the degree of observance of applicable safety standards for the transportation of gas and pipeline facilities including a list of enforcement actions, and compromises of alleged violations by location and company name; (5) a summary of outstanding problems confronting the administration of this Act in order of priority; (6) an analysis and evaluation of research activities, including the policy implications thereof, completed as a result of Government and private sponsorship and technological progress for safety achieved during such year; (7) a list, with a brief statement of the issues, of completed or pending judicial actions under the Act; (8) the extent to which technical information was disseminated to the scientific community and consumer-oriented information was made available to the public; (9) a compilation of— (A) certifications filed by State agencies (including municipalities) under section 5(a) which were in effect during the preceding calendar year, and (B) certifications filed under section 5(a) which were rejected by the Secretary during the preceding calendar year, together with a summary of the reasons for each such rejection; and (10) a compilation of— (A) agreements entered into with State agencies (including municipalities) under section 5(b) which were in effect during the preceding calendar year, and (B) agreements entered into under section 5(b) which were terminated by the Secretary during the preceding calendar year, together with a summary of the reasons for each such termination. recommendations (^) The Teport required by subsection (a) shall contain such recommendations for additional legislation as the Secretary deems necessary to promote cooperation among the several States in the improvement of gas pipeline safety and to strengthen the national gas pipeline safety program.

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APPROPRIATIONS AUTHORIZED

SEC. 15. For the purpose of carrying out the provisions of this Act over a period of three fiscal years, beginning with the fiscal year ending June 30, 1969, there is authorized to be appropriated not to exceed $500,000 for the fiscal year ending June 30, 1969; not to exceed $2,000,000 for the fiscal year ending June 30, 1970; and not to exceed $4,000,000 for the fiscal year ending June 30, 1971. Approved August 12, 1968.

Public Law 90-482 AN ACT August 12, 1968 To amend the Act of August 27, 1954, relative to the unlawful seizure of fishing ^__[s^_2269] vessels of the United States by foreign countries.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That the Act of Fishermen's August 27, 1954 (68 Stat. 883; 22 U.S.C. 1971-1976), is amended by fggramendment adding at the end thereof a new section to read as follows: "SEC. 7. (a) The Secretary, upon receipt of an application filed with him at any time after the effective date of this section by the owner of any vessel of the United States which is documented or certificated as a commercial fishing vessel, shall enter into an agreement with such owner subject to the provisions of this section and such other terms and conditions as the Secretary deems appropriate. Such agreement shall provide that, if said vessel is seized by a foreign country and detained under the conditions of section 2 of this Act, the Secretary shall ^^ "^^ ^^^2guarantee— " (1) the owner of such vessel for all actual costs, except those covered by section 3 of this Act, incurred by the owner during the ^^ ^^^ ^^^^' seizure and detention period and as a direct result thereof, as determined by the Secretary, resulting (A) from any damage to, or destruction of, such vessel, or its fishing gear or other equipment, (B) from the loss or confiscation of such vessel, gear, or equipment, or (C) from dockage fees or utilities; "(2) the owner of such vessel and its crew for the market value of fish caught before seizure of such vessel and confiscated or spoiled during the period of detention; and "(3) the owner of such vessel and its crew for not to exceed 50 per centum of the gross income lost as a direct result of such seizure and detention, as determined by the Secretary of the Interior, based on the value of the average catch per day's fishing during the three most recent calendar years immediately preceding such seizure and detention of the vessel seized, or, if such experience is not available, then of all commercial fishing vessels of the Ignited States engaged in the same fishery as that of the type and size of the seized vessel. "(b) Payments made by the Secretary under paragraphs (2) and (3) of subsection (a) of this section shall be distributed by the Secretary in accordance with the usual practices and procedures of the particular segment of the United States commercial fishing industry to which the seized vessel belongs relative to the sale of fish caught and the distribution of the proceeds of such sale.

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Effective date.

Definitions.

22 u^c 2 ^ * 15 1 note. Short title.

PUBLIC LAW 90-482-AUG. 12, 1968

[82 STAT,

"(c) The Secretary shall from time to time establish by regulation fees which shall be paid by the owners of vessels entering into agreements under this section. Such fees shall be adequate (1) to recover the costs of administering this section, and (2) to cover a reasonable portion of any payments made by the Secretary under this section. The amount fixed by the Secretary shall be predicated upon at least 331/^ per centum of the contribution by the Government, All fees collected by the Secretary shall be credited to a separate account established in the Treasury of the United States which shall remain available without fiscal year limitation to carry out the provisions of this section. All payments under this section shall be made first out of such fees so long as they are available, and thereafter out of funds which are herebj authorized to be appropriated to such account to carry out the provisions of this section, "(d) All determinations made under this section shall be final. No payment under this section shall be made with respect to any losses covered by any policy of insurance or other provision of law, " (e) The provisions of this section shall be effective for forty-eight consecutive months beginning one hundred and eighty days after the enactment of this section. The Secretary shall issue such regulations and take such other measures as he deems appropriate to implement the provisions of this section prior to such effective date. " (f) For the purposes of this section— "(1) the term 'Secretary' means the Secretary of the Interior. "(2) the term 'owner' includes any charterer of a commercial fishing vessel." SEC. 2. Section 3 of the Act of August 27, 1954 (68 Stat. 883; 22 U.S.C. 1973), is amended by inserting a comma after the word "fine" wherever it appears and the words "license fee, registration fee, or any other direct charge". SEC. 3. Section 5 of the Act of August 27, 1954 (68 Stat, 883, 22 U.S.C. 1975), is amended to read as follows: "SEC, 5. The Secretary of State shall take such action as he may deem appropriate to make and collect claims against a foreign country for amounts expended by the United States under the provisions of this Act (including payments made pursuant to section 7) because of the seizure of a vessel of the United States by such country. If such country fails or refuses to make payment in full within one hundred and twenty days after receiving notice of any such claim of the United States, the Secretary of State shall withhold, pending such payment, an amount equal to such unpaid claim from any funds programed for the current fiscal year for assistance to the government of such country (as shown in materials concerning such fiscal year presented to the Congress in connection with its consideration of amendments to the Foreign Assistance Act of 1961), Amounts withheld under this section shall not constitute satisfaction of any such claim of the United States against such foreign country," SEC. 4. The Act of August 27, 1954 (68 Stat. 883; 22 U.S.C. 19711976), as amended by this Act, may be cited as the "Fishermen's Protective Act of 1967". Approved August 12, 1968.

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PUBLIC LAW 90-483-AUG. 13, 1968

Public Law 90-483 AN ACT Authorizing the construction, repair, and preservation of certain public works on rivers and harbors for navigation, flood control, and for other purposes.

Be it enacted by the Senate and House of Representatives United States of America in Congress assembled.

August 13, 1968 [S.3710]

of the

TITLE I — R IV E R S AND H A R B O R S SEC. 101. That the following works of improvement of rivers and harbors and other waterways for navigation, flood control, and other purposes are hereby adopted and authorized to be prosecuted under the direction of the Secretary of the Army and supervision of the Chief of Engineers, in accordance with the plans and subject to the conditions recommended by the Chief of Engineers in the respective reports hereinafter designated. The provisions of section 1 of the River and Harbor Act approved March 2, 1945 (Public Law Numbered 14, Seventy-ninth Congress, first session), shall govern with respect to projects authorized in this title; and the procedures therein set forth with respect to plans, proposals, or reports for works of improvement for navigation or flood control and for irrigation and purposes incidental thereto, shall apply as if herein set forth in full. NAVIGATION

Ipswich River, Massachusetts: House Document Numbered 265, Ninetieth Congress, at an estimated cost of $616,000; Fall River Harbor, Massachusetts and Rhode Island: House Document Numbered 175, Ninetieth Congress, at an estimated cost of $8,762,000; Bristol Harbor, Rhode Island: Llouf^e Document Numbered 174, Ninetieth Congress, at an estimated cost of $87H,000; Port Jefferson Harlwr, New" York: House Document Numbered 277, Ninetieth Congress, at an estimated cost of $2,455,000; Hempstead Harbor, New York: House Document Numbered 101, Ninetieth Congress, at an estimated cost of $7;5,000; Cooper River, Charleston Harl)or, South Carolina: Senate Docu,ment Numbered 88, Ninetieth Congress, at an estimated cost of $35,381,000; Miami Harbor, Florida: Senate Document Numbered 9.3, Ninetieth Congress, at an estimated cost of $6,476,000; Gulf Intracoastal Waterway, St. Marks to Tampa Bay, Florida: Chief of Engineers' Report dated June 6, 1968, except that (1) not to exceed $40,000,000 is authorized for initiation of such project, and (2) construction of this project shall not be initiated until such plan is approved by the Secretary of the Army and the President; Atchafalaya River and Bayous Chene, Boeuf, and Black, Louisiana: House Document Numbered 155, Ninetieth Congress, at an estimated cost of $8,645,000; Red River Waterway, Louisiana, Texas, Arkansas, and Oklahoma: House Document Numbered 304, Ninetieth Congress, except that not to exceed $50,000,000 is authorized for initiation of such project; Mississippi River-Gulf Outlet, Michoud Canal, Louisiana: Senate Document Numbered 97, Ninetieth Congress, at an estimated cost of $1,300,000; Mississippi River Outlets, Venice, Louisiana: House Document Numbered 361, Ninetieth Congress, at an estimated cost of $4,520,000; Yazoo River, Mississippi: House Document Numbered 342, Ninetieth Congress, at an estimated cost of $52,147,000;

River and Harbor Act of 1968.

59 Stat. 10.

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PUBLIC LAW 90-483-AUG. 13, 1968

[82 STAT.

Corpus Christi Ship Canal, Texas: Senate Document Numbered 99, Ninetieth Congress, at an estimated cost of $19,042,000; Mouth of the Colorado River, Texas: Senate Document Numbered 102, Ninetieth Congress, at an estimated cost of $8,000,000; Wilson Harbor, New York: House Document Numbered 112, Ninetieth Congress, at an estimated cost of $198,000; Cattaraugus Creek Harbor, New York: House Document Numbered 97, Ninetieth Congress, at an estimated cost of $1,315,000; Hamlin Beach State Park, New York: House Document Numbered 358, Ninetieth Congress, at an estimated cost of $500,000; Forestville Harbor, Michigan: House Document Numbered 183, Ninetieth Congress, at an estimated cost of $538,000; Tawas Bay Harbor, Michigan: House Document Numbered 189, Ninetieth Congress, at an estimated cost of $466,000; Detroit River, Trenton Channel, Michigan: House Document Numbered 338, Ninetieth Congress, at an estimated cost of $31,300,000; Snohomish River (Everett Harbor), Washington: House Document Numbered 357, Ninetieth Congress, at an estimated cost of $1,108,000; Humboldt Harbor and Bay, California: House Document Numbered 330, Ninetieth Congress, at an estimated cost of $2,430,000; Port Hueneme, California: House Document Numbered 362, at an estimated cost of $1,000,000; Ventura Marina, California: House Document Numbered 356, at an estimated cost of $1,540,000; San Diego Harbor, California: House Document Numbered 365, Ninetieth Congress, at an estimated cost of $5,360,000; Kake Harbor, Alaska: Senate Document Numbered 70, Ninetieth Congress, at an estimated cost of $1,760,000; King Cove Harbor, Alaska: Senate Document Numbered 13, Ninetieth Congress, at an estimated cost of $522,000; Sergius and Whitestone Narrows, Alaska: Senate Document Numbered 95, Ninetieth Congress, at an estimated cost of $3,030,000; Coasts of Hawaiian Islands, Harbors for Light Draft Vessels: House Document Numbered 353, Ninetieth Congress, at an estimated cost of $1,256,000. BEACH

EROSION

Brevard County, Florida: House Document Numbered 352, Ninetieth Congress, at an estimated cost of $680,000. SEC. 102. The project for beach erosion control. Fort Pierce, Florida, authorized by the River and Harbor Act of 1965 (79 Stat. 1089, 1092) in accordance with the recommendations of the Chief of Engineers in House Document Numbered 84, Eighty-ninth Congress, is hereby modified to provide for construction of the project and periodic nourishment for ten years by the Secretary of the Army, acting through the Chief of Engineers. In addition to applicable requirements oi local cooperation set forth in the aforementioned report of the Chief of Engineers, local interests shall, prior to construction, give assurances satisfactory to the Secretary of the Army that they will— (1) contribute in cash, either in a lump sum prior to initiation of construction or in installments prior to the start of pertinent work items in accordance with construction or nourishment schedules, as determined by the Chief of Engineers, all costs of initial construction and periodic nourishment for ten years exclusive of costs assigned to the Federal Government in the aforementioned recommendations of the Chief of Engineers; and (2) hold and save the United States free from damages due to the construction works. Marmet, w. va., Q^^ jQS. (a) That section 2 of the Act entitled "An Act authorlzconveyance. mg the Secretary of W a r to sell and convey to the town of Marmet,

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West Virginia, two tracts of land to be used for municipal purposes", approved July 8, 1942 (56 Stat. 651) is hereby amended by deleting the period after the words "related municipal purposes'' and inserting thereafter the phrase "including firefighting facilities and structures. (b) The Secretary of the Army is authorized and directed to issue to the town of Marmet, West Virginia, without monetary consideration therefor, such written instruments as may be necessary to carry out the provisions of this section. SEC. 104. (a) That notwithstanding any other provision of law, the ^stat^«^^°f^^|^st Secretary of the Army or his designee, is authorized and directed to ancl'"'^' ""^^^ convey to the State of West Virginia, subject to the terms and conditions hereinafter stated, and to such other terms and conditions as the Secretary of the Army, or his designee, shall deem to be in the public interest, all right, title, and interest of the United States in and to certain real property, together with improvements thereon, located at Ohio River locks and dams numbered 16, 19, 20, and 21 in West Virginia as described in subsection (b) of this section. No property shall be conveyed under authority of this section until these locks and dams have been determined by the Secretary to be in excess to (he requirements of the Department of the Army and suitable replacement facilities are in operation under the Ohio River navigation modernization program. The Secretary may make such prior disposition of such facilities and improvements on such lands as he deems to be in the best interest of the United States. (b) The real property authorized for convey^ance by subsection (a) of this section comprise all or portions of such lands and improvements as may be determined excess of four lock and dam projects on the Ohio River in the State of West Virginia and designated as, number 16 (Willow Island Pool) in Tyler County, numbers 19 and 20 (Belleville Pool) in Wood County, and number 21 (Racine Pool) in Jackson County. The exact descriptions and acreage to be determined by the Secretary by accurate surveys, the cost of which is to be borne by the State of West Virginia. (c) The conveyance authorized herein shall provide that said prop- Putnc use. erty shall be used only for public park and recreation purposes and such other uses directly related to the programs of the West Virginia Department of Natural Resources, and if it ever ceases to be used for such purposes, title to said property shall immediately revert to the United States. Any deed of conveyance, shall also be subject to and J^"^^ any coninclude the following additional terms and conditions: (1) The State of West Virginia shall pay the United States as consideration for the conveyance 50 per centum of the current fair market value of the property as determined by the Secretary of the Army. (2) There shall be reserved to the United States such flowage easements and rights-of-way for roads and utility lines as the Secretary determines may be required for other navigation projects. (3) Such other restrictions, terms, and conditions as the Secretary deems necessary to protect the interests of the United States. (d) Any moneys paid for the conveyances referred to herein shall be covered into the United States Treasury as miscellaneous receipts. SEC. 105. (a) That the Secretary of the Army shall convey, without Buffalo, N.Y., conveyance. monetary consideration, to the city of Buffalo, New York, all right, """""""""'" title, and interest of the United States in and to certain real property underlying Lake Erie containing approximately 46.01 acres and more particularly described in subsection (b) of this section, on condition that such real property be used for public park and recreational development purposes and if such property shall ever cease to be used for such purposes, title thereto shall revert to the United States.

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areas' srudTand appraisal.

PUBLIC LAW 90-483-AUG. 13, 1968

[82 STAT.

(b) The real property referred to in this section is more particularly described as follows: (1) PARCEL E.—Beginning at the point of intersection of the south line of outer lot 39 prolonged and the shoreline of Lake Erie as established in 1846, which point bears south 68 degrees 28 minutes west, a distance of 140 feet, more or less, from United States Monument numbered 7, which monument is the southeasterly corner of the said outer lot 39; thence southwesterly at right angles with the established harbor line 1,140 feet, more or less, to the said harbor line; thence northwesterly along said harbor line, 1,310 feet, more or less, to the point of intersection of said harbor line and a line at right angles thereto passing through the point of intersection of the shoreline of Lake Erie in 1846 and a line 330 feet northerly at right angles from and parallel with the south line of outer lot 36; thence northeasterly at right angles with said harbor line 1,115 feet, more or less, to the shoreline of Lake Erie in 1846; thence southeasterly along said shoreline of Lake Erie 1,320 feet, more or less, to the point of beginning containing 34.04 acres, more or less. (2) PARCEL C-B.—Beginning at the point of intersection of the shoreline of Lake Erie with the northerly line of land deeded to the United States Government, October 21, 1846, said line also extending in a due east and west direction and passing through the northwest corner of outer lot 36 (United States Monument No. 2), said point of beginning being also 480 feet, more or less, west of the said northwest corner of outer lot 36; thence southeasterly along said shoreline of Lake Erie in 1846 a distance of 470 feet, more or less, to the intersection with a line 330 feet northerly at right angles from and parallel with the south line of lot 36, said line being also the north line of lands deeded to the United States Government, September 25, 1847; thence southwesterly at right angles to established harbor line 1,115 feet, more or less, to the established harbor line; thence northwesterly along said harbor I'ne 465 feet, more or less, to the point of intersection of said harbor line and a line at right angles thereto passing through the point of intersection of the shoreline of Lake Erie in 1846 and the line extending in a due east and west direction and passing through the northwest corner of outer lot 36; thence easterly at right angles to established harbor line 1,115 feet, more or less, to the shoreline of Lake Erie in 1846, which is the above referenced point of beginning, containing 11.97 acres, more or less. (c) Any deed of conveyance made pursuant to this section shall reserve to the United States, for a period not to exceed seven years, the right to use such lands for a spoil disposal area for materials dredged from the Buffalo Harbor Project, including the right to place structures thereon and to perform all other actions incident to such use, together with the rights of ingress and egress thereto. Such deed shall contain such additional terms and conditions as may be determined by the Secretary of the Army to be necessary to protect the interest of the United States. Ec. 106. (a) The Chief of Engineers, Department of the Army, under the direction of the Secretary of the Army, shall make an appraisal investigation and study, including a review of any previous relevant studies and reports, of the Atlantic, Gulf, and Pacific coasts of the United States, the coasts of Puerto Rico and the Virgin Islands, and the shorelines of the Great Lakes, including estuaries and bays thereof, for the purpose of (1) determining areas along such coasts

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and shorelines where significant erosion occurs; (2) identifying those areas where erosion presents a serious problem because the rate of erosion, considered in conjunction with economic, industrial, recreational, agricultural, navigational, demographic, ecological, and other relevant factors, indicates that action to halt such erosion may be justified; (3) describing generally the most suitable type of remedial action for those areas that have a serious erosion problem; (4) providing preliminary cost estimates for such remedial action; (5) recommending priorities among the serious problem areas for action to stop erosion; (6) providing State and local authorities with information and recommendations to assist the creation and implementation of State and local coast and shoreline erosion programs; (7) developing recommended guidelines for land use regulation in coastal areas taking into consideration all relevant factors; and (8) identifying coastal areas where title uncertainty exists. The Secretary of the Army shall submit f^^"""*'° '^''"" to the Congress as soon as practicable, but not later than three years after the date of enactment of this Act, the results of such appraisal investigation and study, together with his recommendations. The views of concerned local. State, and Federal authorities and interests will be taken into account in making such appraisal investigation and study. (b) There are authorized to be appropriated such amounts, not to ex- Appropriation. ceed $1,000;(X)0, as may be necessary to carry out the provisions of this section. SEC. 107. That the projects for the Illinois Waterway and Grand Calumet River, Illinois and Indiana ((^alumet-Sag navigation project), authorized by the River and Harbor Act of July 24, 1946, are ^° ^*^'- ^3'*hereby modified substantially in accordance with the recommendations of the Chief of Engineers in House Document Numbered 45, Eightyfiftli Congress, insofar as such recommendations apply to existing highway bridges in Part II: Grand Calumet River and Indiana Harbor Canal, at an estimated cost of $33,265,000. SEC. 108. (a) Steele Bayou, in Warren, Issaquena, Sharkey, and Washington Counties, Mississippi, Washington Bayou, in Issaquena and Washington Counties, Mississippi, and Lake Washington, in Washington County, Mississippi, are hereby declared to be nonnavigable within the meaning of the laws of the United States. (b) The project for navigation on Steele Bayou, Washington Bayou, and Lake Washington, authorized by the Rivers and Harbors Acts of July 5, 1884, August 5, 1886, and June 25, 1910, is hereby deauthorized. a/staJ^aio^-^' SEC. 109. Section 313 of the Act approved October 27, 1965 (79 Stat. 36 stat! eao! 1073), is amended by deleting the date "June 30, 1968" and substituting in lieu thereof "'June 30, 1969. SEC. 110. The Secretary of the Army, acting through the Chief of BiacrRilers""' Engineers, is authorized and directed to reA'iew the requirements of local cooperation for the Ouachita and Black Rivers navigation projects, authorized by the River and Harbor Act of 1950, as amended, with ^'^ ^'^'- ^^3particular reference to Federal and non-P>deral cost sharing, and he shall report the findings of such review to Congress within one year • Report to conafter the date of enactment of this Act. ^^^ SEC. 111. The Secretary of the Army, acting through the Chief of shore damage Engineers, is authorized to investigate, study, and construct projects P'"^^"''°" ^'^"^yfor the prevention or mitigation of shore damages attributable to Federal navigation works. The cost of installing, operating, and maintaining.such projects shall be borne entirely by the United States. No such project shall be constructed without specific authorization by Congress if the estimated first cost exceeds $1,000,000. SEC. 112. Section 111 of the River and Harbor Act of 1966 (80 Stat. chlnne'r^D°c 1417) is amended by adding at the end thereof the following: study"^ " (g) The Secretary of the Interior shall conduct a study of those areas in the vicinity of the Washington Channel in the District of

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Report to President and Congress.

East and Hudson Rivers, N.Y.

Northern Embarcadero area, San Francisco, Calif.

Patapsco River, Md.

PUBLIC LAW 90-483-AUG. 13, 1968

[82 STAT.

Columbia suitable for public visitor parking facilities. Such study shall, among others, consider existing and future visitation, multiple and alternative areas, methods for providing such facilities, and estimated costs and revenues to be derived therefrom. Not later than one hundred and eighty days after the date funds are appro{)riated to carry out such study, the Secretary shall submit to the President and Congress a report thereon together with his recommendations, including necessary legislation, if any. There is authorized to be appropriated not to exceed $100,000 to carry out this subsection.-' SEC. 113. Those portions of the East and Hudson Rivers in New York County, State of New York, lying shoreward of a line within the United States Pierhead Line as it exists on the date of enactment of this Act, and bounded on the north by the north side of Spring Street extended westerly and the south side of Robert F. Wagner, Senior Place extended eastwardly, are hereby declared to be nonnavigable waters of the United States within the meaning of the laws of the United States. This declaration shall apply only to portions of the above-described area which are bulkheaded and filled. Plans for bulkheading and filling shall be approved by the Secretary of the Army, acting through the Chief of Engineers, on the basis of engineering studies to determine the loca^tion and structural stability of the bulkheading and filling in order to preserve and maintain the remaining navigable waterway. Local interests shall reimburse the Federal Government for any engineering costs incurred under this section. SEC. 114. That portion of the Northern Embarcadero area, beginning at the intersection of the northwesterly line of Bryant Street with the southwesterly line of Spear Street, which intersection lies en the line of jurisdiction of the San Francisco Port Authority; following thence westerly and northerly along said line of jurisdiction as described in the Stat* of California Harbor and Navigation Code Section 1770, as amended in 1961, to its intersection with the easterly line of Van Ness Avenue produced northerly; thence northerly along said easterly line of Van Ness Avenue produced to its intersection with the United States Government pier-head line; thence following said pierhead line easterly and soutlierly to its intersection with the nortliwesterly line of Bryant Street produced northeasterly; thence southwesterly along said northwesterly line of l^ryant Street produced to the point of beginning, is hereby declared to be nonnavigable waters within the meaning of the laws of the United States, and the consent of Congress is hereby given for the filling in of all or any part of the described area. This declaration shall apply only to portions of the above-described area which are bulkheaded and filled or are occupied by permanent pile-supported structures. Plans for bulkheading and filling and permanent pile-supported structures shall be approved by the Secretary of the Army, acting through the Chief of Engineers, on the basis of engineering studies to determine the location and structural stability of the bulkheading and filling and permanent pile-supported structures in order to preserve and maintain the remaining navigable waterway. Local interests shall reimburse the Federal Government for any engineering costs incurred under this section. SEC. 115. That portion of the Northwest Branch of the Patapsco River located generally south of P r a t t Street, east of Light Street, north of Key Highway, in the city of Baltimore, State of Maryland, and being more particularly described as all of that portion of the Northwest Branch of the Patapsco River lying west of a series of lines beginning at the point formed by the intersection of the south side of P r a t t Street, as now laid out, and the west side of Pier 3 and running thence binding on the west side of Pier 3, south 04 degrees 19 minutes 47 seconds east 726.59 feet to the southwest corner of Pier 3; thence crossing the Northwest Branch of the Patapsco River, south

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