text:
Page:United States Statutes at Large Volume 77.djvu/377

 77 STAT. ]

PUBLIC LAW 88-192-DEC. 5, 1963

345

fails to appoint and maintain at all times in the District of Columbia such resident agent shall not, while such failure continues, be entitled to the exemption provided in this section. Whenever any such person or entity does not have in the District of Columbia an agent for service of process or such agent cannot with reasonable diligence be found at his registered address, then the said Commissioners or their designee shall be the agent for the service of process for such person or entity. Service of process on the Commissioners or their designee shall be made by delivering to, and leaving with them, or with any person having charge of their office, or with their designee, duplicate copies of the process accompanied by a fee in the amount of $2.00 and such service shall be sufficient service upon such person or entity. In the event of such service, the Commissioners, or their designee, shall immediatelv cause one of such copies to be forwarded by registered or certified mail, addressed to such person or entity at his or its address, as such address appears on the records of the Commissioners or their designee. Any such service shall be returnable in not less than thirty days unless the rules of the court issuing such process prescribe another period, in which case such prescribed period shall govern. Toothing contained in this section shall limit or affect the right to serve any process, notice, or demand required or permitted by law to be served on any such person or entity in any other manner now or hereafter permitted by law." Approved December 5, 1963. Public Law 88-192 AN ACT

December 5, 1963

To amend the Act of March 3, 1901, relating to devises and bequests by will.

[H. R. 3190]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That "An Act to D. C. "Pour establish a code of law for the District of Columbia, approved March °*''" *'"'^^*^3, 1901, as amended, is amended by adding the following new section ai Stat. 1433: after section 1628 thereof: 32 Stat. S45 D. C. Code 19"SEC. 1628a. (a) BEQUESTS OR DEVISES TO TRUSTEE UNDER, OR I N A C - 205. CORDANCE W I T H TERMS OF, EXISTING TRUSTS.—A devise or bequest may be made in a will or codicil, otherwise valid, in form or substance to the trustee or trustees under, or in accordance with the terms of, a written inter vivos trust (including an unfunded life insurance trust, although the settlor has reserved any or all rights of ownership in the insurance contracts) which has been executed and is in existence prior to or contemporaneously with the execution of such will or codicil and is identified in such will or codicil, without regard to the size or character of the corpus of such trust, or whether the settlor is the testator or a third person. "Such devise or bequest shall not be invalid because the trust is subject to amendment or modification or may be terminated or revoked after the will or codicil is executed (whether by the settlor or any other person or persons), nor because the trust instrument or any amendment thereto was not executed in the manner required by law for wills or codicils.

�


text:
Page:United States Statutes at Large Volume 77.djvu/378

 346

PUBLIC LAW 88-192-DEC. 5, 1963

[77 STAT.

"Unless the will or codicil otherwise provides— "(1) such devise or bequest shall not be invalid because the trust was amended or modified after the will or codicil was executed, and such devise or bequest shall be given effect in accordance with the terms of the trust as they appear in writing on the date of death, of the testator, including any such amendment or modification; "(2) property passing under such devise or bequest shall be deemed to pass directly to the trustee or trustees of the inter vivos trust and shall become a part of the assets of such trust, and shall not be deemed held under a separate testamentary trust; "(3) an entire revocation of the trust prior to the death of the testator shall invalidate the devise or bequest even though such revocation was not effected in the manner provided by law for the revocation of wills and codicils; "(4) a termination of the trust, except by way of revocation, in accordance with the terms of said trust or by its exhaustion or by operation of law or otherwise shall not invalidate the devise or bequest. " (b) BEQUESTS OR DEVISES TO TRUSTEE UNDER, OR I N ACCORDANCE W I T H TERMS OF. TESTAMENTARY TRUSTS.—A devise or bequest may be

made in a will or codicil, otherwise valid, in form or substance to the Trustee or trustees under, or in accordance with the terms of, a testamentary trust established under another valid will or codicil. Such devise or bequest shall not be invalid because the testamentary trust or the will or codicil establishing such testamentary trust was not in existence when the will or codicil containing such devise or bequest was executed, if the testator of the will or codicil establishing such testamentary trust predeceases the testator of the will or codicil containing such devise or bequest, and such will or codicil establishing such testamentary trust had been or is subsequently admitted to probate.

Effective date.

"Unless the will otherwise provides— "(1) property passing under such devise or bequest shall be deemed to pass directly to the trustee or trustees of the testamentary trust and shall become a part of the assets of such trust, and shall not be deemed held under a separate testamentary trust; "(2) a termination of the trust in accordance with the terms of said trust or by its exhaustion or by operation of law or otherwise shall not invalidate the devise or bequest. "The provisions of this section shall apply to any devise or bequest made by a testator living on the effective date of this Act or born subsequent thereto, without regard to thp date of execution of the will or codicil containing such devise or bequest or of the trust instrument, or any amendment thereto: Provided, howevevy That the provisions of this Act shall not be construed as casting any doubt upon the validity as heretofore existing of (a) any devise or bequest made by a testator who shall have died prior to the effective date hereof, or (b) any devise or bequest which does not come within the provisions of this Act." SEC. 2. Any provision of law inconsistent with the provisions of this Act is hereby repealed. SEC. 3. This Act shall become effective upon the date of enactment of this Act. Approved December 5, 1963.

�

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


text:
Page:United States Statutes at Large Volume 77.djvu/379

 77 STAT ]

347

PUBLIC.LAW 88-194-DEC. 11, 1963

Public Law 88-193 AN ACT To amend the Life Insurance Act for the District of Columbia relating to annual statements and for other purposes.

December 5, 1963

[H. R. 7497]

Be it enacted by the Senate and House of Representatives of the United States of America In Congress assembled, That section 8, • Life Insurance Act, chapter II of the Life Insurance Act for the District of Columbia ment.D. C, amendapproved June 19, 1934 (48 Stat. 1132, ch. 672; sec. 35-407, D.C. Annual s t a t e Code, 1961 edition) is hereby amended by striking the last sentence and ments. inserting in lieu thereof, the following: "If any such company shall fail to file the annual statement herein required, the Superintendent may thereupon revoke its certificate of authority to transact business in the District of Columbia. The Superintendent shall also have power to require that at least once in the month of March in each year a summary of such annual statement shall be published by the company in a daily newspaper published in the District.'' SEC. 2. Section 11 of chapter II of the Life Insurance Act for the District of Columbia approved June 19, 1934 (48 Stat. 1132, ch. 672; sec. 35-410, D.C. Code, 1961 edition) is hereby amended by inserting at the conclusion of the first paragraph thereof the following sentence: '•'•Provided, however, That this section shall not be deemed to prevent an alien company from furnishing to its policyholders in the District of Columbia its annual report to policyholders of its domicile." Approved December 5, 1963. Public Law 88-194 AN ACT To donate, to the Devils Lake Sioux Tribe of the Fort Totten Indian Reservation, North Dakota, approximately two hundred seventy-five and seventy-four onehundredths acres of federally owned land.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That all of the right, title, and interest of the United States in the real property described below, and the improvements thereon, located within the Fort Totten Indian Reservation, North Dakota, are hereby declared to be held in trust by the United States for the use and benefit of the members of the Devils Lake Sioux Tribe of the Fort Totten Indian Reservation, North Dakota, subject to existing valid rights-of-way: Lot 1, section 16; lots 6,7, 8,9,10, southwest quarter northeast quarter northeast quarter, southeast quarter northeast quarter, section 17; the west two hundred and twenty feet of the north 1,255.3 feet of lot 2, section 16; the north 38.13 acres of lot 2, section 17, and the north 11.46 acres of lot 3, section 17, these parcels being that portion of the west two hundred and twenty feet of lot 2, section 16 and those portions of lots 2 and 3, section 17, not embraced in Devils Lake Sioux Allotment Numbered 585 of Jesse G. Palmer for which Patent Numbered 412546 was issued to F r a n k Palmer, heir of Jesse G. Palmer, on June 10, 1914, all of said lands being situated in township 152 north, range 65 west, fifth principal meridian, Benson County, North Dakota, containing 275.74 acres more or less. SEC. 2. The Indian Claims Commission is directed to determine in accordance with the provisions of section 2 of the Act of August 13, 1946 (60 Stat. 1050), the extent to which the value o*f the title cx)nveyed by this Act should or should not be set off against any claim against the United States determined by the Commission. Approved December 11, 1963.

December 11, 1963 [H. R. 290;;]

Indian s. Devils L a k e Sioux Tribfe. Lands.

25 USC 70a.

�


text:
Page:United States Statutes at Large Volume 77.djvu/380

 348

PUBLIC LAW 88-195-DEC. 11, 1963

[77 STAT.

Public Law 88-195 December 11, 1963 [H. R. 9291]

ivlrs. J a c q u e l i n e Bouvier Kennedy. Franking privileges.

Office s p a c e, staff, e t c.

70 Stat. 743; 39 Stat. 742; 68 Stat. 736. 5 USC 2251 note; 75 1 note; 209 1 note. Secret Service protection.

Appropriation,

AN ACT To provide office space, supplies, e<iuipiiient. and franking privileges for Mrs. Jacqueline Bouvier Keimed.v. to authorize appropriations for the payment of expenses incident to the death and burial of former President John Fitzgerald Kennedy, and for other purposes.

Be it enacted by the Semite and House of Representatives of the United States of America in Congress assembled. That all mail matter sent by post by Mrs. Jacqueline Bouvier Kennedy, the widow of former President John Fitzgerald Kennedy, under her written autograph signature or facsimile thereof, shall be conveyed within the United States, its possessions, and the Commonwealth of Puerto Rico free of postage during her natural life. The postal revenues shall be reimbursed each fiscal year, out of the general funds of the Treasury, in an amount equivalent to the postage which otherwise would be payable on such mail matter. SEC. 2. For a period of twelve months following the enactment of this Act, the Administrator of General Services shall furnish to Mrs. Kennedy suitable office space appropriately furnished, supplied, and equipped, as determined by the Administrator, at such place within the United States as Mrs. Kennedy shall specify. The supplies to be furnished shall include a sufficient quantity of envelopes marked "Postage and Fees Paid" to be used for international mail. For the same period, the Administrator of General Services shall, without regard to the civil service and classification laws, provide for an office staff for Mrs. Kennedy. Persons employed under this section shall be selected by Mrs. Kennedy and shall be responsible only to her for the performance of their duties. Mrs. Kennedy shall fix basic rates of compensation for persons employed for her under this section. Such compensation, in the aggregate, shall not exceed $50,000 during such period. The rate of compensation payable to any such person shall not exceed the maximum aggregate rate of compensation payable to any individual employed in the office of a Senator. Each person employed under this section in a }x>sition on the office staff of Mrs. Kennedy shall be held and considered to be an employee of the Government of the Ignited States for the purposes of the Civil Service Retirement Act, the Federal Employees' Compensation Act, and the Federal Employees' Group Life Insurance Act of 1954, but shall not be held or considered to be an officer or employee of such Government for any other purpose. SEC. H. The Secretary of the Treasury, through the United States Secret Service, is authorized to protect the person of Mrs. Kennedy and her minor children for such period of time, not iii excess of two years, immediately following the enactment of this Act as she may request. SEC. 4. There is hereby appropriated, out of any money in the Treasury not otherwise appi"opriated, to carry out the provisions of section 2 of this Act and to pay not to exceed $15,000 toward the expenses incident to the death and burial of former President John Fitzgerald Kennedy, including undei"takers' charges and the expenses of transportation, the sum of $65,000, to remain available until June 30, 1965. No payment shall be made from this appropriation to any officer or employee of the Government for personal or professional services. Appropriations now or hereafter available to the United States Secret Service shall be available for the purposes of section 3 of this Act. Approved December 11, 1963.

�


text:
Page:United States Statutes at Large Volume 77.djvu/381

 77 STAT. ]

PUBLIC LAW 88-197^DEC. 11, 1963

349

Public Law 88-196 AN ACT

December 11, 1963

To authorize the sale and exchange of isolated tracts of tribal land on the Rosebud Sioux Indian Reservation, South Dakota.

!!

Be it enacted by the Senate and House of Representatives of the United States of America in Congress Assembled, That, notwith- Rosebud sioux Indian standing any other provision of law, upon request of the Rosebud tion, S. R e s e r v a ' J ^ Dak. ^ Sioux Tribe, South Dakota, acting through its governing body, the ""L'^dis." Secretary of the Interior is authorized to exchange or to sell, by public or by negotiated sale, the tribal interests in isolated tracts of land located in Tripp, Gregory, and Lyman Counties, South Dakota, and held by the United States in trust for the tribe: Provided, (1) That the Secretary of the Interior certifies that the tract is isolated in that it is so located or situated that it would be to the economic advantage of the tribe to sell or exchange the tract; (2) that the amount or exchange value received by the tribe is not less than the fair market value of the tribal trust land and is accepted by the tribe; (3) that any proceeds from the sale of land under this Act are used exclusively for the purchase of land on the reservation within land consolidation areas approved by the Secretary of the Interior; (4) that title to any land acquired for the tribe under this Act by purchase or exchange shall be taken in the name of the United States in trust for the tribe; (5) that if lands in an exchange are not of e^ual value the difference in value may be paid in money; and (6) that if an enrolled member of the Rosebud Sioux Tribe acquires the tribal trust land, title may be taken in the name of the United States in trust. SEC. 2. Upon request of the Rosebud Sioux Tribe, South Dakota, acting through its governing body, the Secretary of the Interior is authorized to mortgage tribal interests in isolated tracts of land, in lieu of selling or exchanging them, and the proceeds of the loan secured by the mortgage must be used exclusively for the acquisition of land on the reservation within land consolidation areas approved by the Secretary of the Interior, title to the land acquired being taken in the name of the United States in trust for the tribe. Approved December 11, 1963.

Public Law 88-197 AN ACT

To change the name of the Andrew Johnson National Monument, to add certain historic property thereto, and for other purix>ses.

December 11, 1963 [S. 1243]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Andrew Andrew johnson Johnson National Monument established by Proclamation Numbered?'°^^°o,f ^^ 2554 of April 27, 1942 (56 Stat. 1955), pursuant to the Act of August °'"" 29, 1935 (49 Stat. 958), is hereby redesignated the Andrew Johnson le use 4500, National Historic Site. '^soq. SEC. 2. The Secretary of the Interior may procure with donated or appropriated funds, by donation, or by exchange the following described lands, or interests therein, located in Greeneville, Tennessee, and when so acquired such lands shall become a part of the Andrew Johnson National Historic Site: Beginning at a point which is the intersection of the east right-ofway line of College Street and the north right-of-way line of Depot Street;

�


text:
Page:United States Statutes at Large Volume 77.djvu/382

 350

Appropriation.

PUBLIC LAW 88-198-DEC. 12, 1963

[77 STAT.

thence continuing along the north right-of-way line of Depot Street south 6 2 ^ degrees east 165 feet to its intersection with the west side of Academy Street; thence leaving the north right-of-way line of Depot Street and continuing along the west right-of-way of Academy Street north 38 degrees east 93.4 feet to a point; thence leaving the west right-of-way of Academy Street north 64% degrees west 184 feet to a point on the east right-of-way line of College Street; thence with the east right-of-way line of College Street south 25% degrees west 83.7 feet to a point of beginning, containing 0.35 acre, more or less. SEC. 3. There are authorized to be appropriated such sums, but not more than $66,000 for acquisition, restoration, and development costs, as are necessary to carry out the purposes of this Act. Approved December 11, 1963. Public Law 88-198

December 12, 1963 [H. R. 5949]

Colorado-New Mexico. C o s t i l l a Creek Compact, amendment.

AN ACT To consent to the amendment by the Statas of Colorado and New Mexico of the Costilla Creek Compact.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the consent of Congress is given to the amendment of the Costilla Creek Compact as agreed to by the States of Colorado and New Mexico. Such amended compact reads as follows: A M E N D E D C O S T I L L A C R E E K COMPACT The State of Colorado and the State of New Mexico, parties signatory to this compact (hereinafter referred to as "Colorado" and "New Mexico", respectively, or individually as a "State", or collectively as the "States"), having on September 30, 1944, concluded, through their duly authorized Commissioners, to-wit: Clifford H. Stone for Colorado and Thomas M. McClure for New Mexico, a compact with respect to the waters of Costilla Creek, an interstate stream, which compact was ratified by the States in 1945 and was approved by the Congress of the United States in 1946; and The States, having resolved to conclude an amended compact with respect to the waters of Costilla Creek, have designated, pursuant to the Acts of their respective Legislatures and through their appropriate executive agencies, as their Commissioners: J. E. Whitten, for Colorado S. E. Reynolds, for New Mexico who, after negotiations, have agreed upon these articles: ARTICLE I

The major purposes of this compact are to provide for the equitable division and apportionment of the use of the waters of Costilla Creek; to promote interstate comity; to remove causes of present and future interstate controversies; to assure the most efficient utilization of the waters of Costilla Creek; to provide for the integrated operation of existing and prospective irrigation facilities on the stream in the two States; to adjust the conflicting jurisdictions of the two States over irrigation works and facilities diverting and storing water in one State for use in both States; to equalize the benefits of water from

�


text:
Page:United States Statutes at Large Volume 77.djvu/383

 77 STAT. ]

PUBLIC LAW 88-198-DEC. 12, 1963

Costilla Creek, used for the irrigation of contiguous lands lying on either side of the Boundary, between the citizens and water users of one State and those of the other; and to place the beneficial application of water diverted from Costilla Creek for irrigation by the water users of the two States on a conpnon basis. The physical and other conditions peculiar to the Costilla Creek and its basin, and the nature and location of the irrigation development and the facilities in connection therewith, constitute the basis for this compact; and neither of the States hereby, nor the Congress of the United States by its consent, concedes that this compact establishes any general principle or precedent with respect to any other interstate stream. ARTICLE

n

As used in this compact, the following names, terms and expressions are described, defined, applied and taken to mean as in this Article set forth: (a) "Costilla Creek" is a tributary of the Rio Grande which rises on the west slope of the Sangre de Cristo range in the extreme southeastern comer of Costilla County in Colorado and flows in a general westerly direction crossing the Boundary three times above its con^uence with the Rio Grande in New Mexi(x>. (b) The "Canyon Mouth" is that point on Costilla Creek in New Mexico where the stream leaves the mountains and emerges into the San Luis Valley. (c) The "Amalia Area" is that irrigated area in New Mexico above the Canyon Mouth and below the Costilla Reservoir which is served by decreed direct flow water rights. (d) The "Costilla-Garcia Area" is that area extending from the Canyon Mouth in New Mexico to a point in Colorado about four miles downstream from the Boundary, being a compiict body of irrigated land on either side of Costilla Creek served by decreed direct flow water rights. (e) The "Eastdale Reservoir No. 1" is that off-channel reservoir located in Colorado in Sections 7, 8 and 18, Township 1 North, Range 73 West, and Sections 12 and 13, Township 1 North, Range 74 West, of the Costilla Estates Survey, with a nominal capacity of three thousand four hundred sixty-eight (3,468) acre-feet and a present usable capacity of two thousand (2,000) acre-feet. (f) The "Eastdale Reservoir No. 2" is that off-channel reservoir located in Colorado in Sections 3, 4, 9 and 10, Township 1 North, Range 73 West, of the Costilla Estates Survey, with a nominal capacity of three thousand forty-one (3,041) acre-feet. (g) The "Costilla Reservoir" is that channel reservoir, having a nominal capacity of fifteen thousand seven hundred (15,700) acre-feet, located in New Mexico near the headwaters of Costilla Creek. The present Usable Capacity of the reservoir is eleven thousand (11,000) acre-feet, subject to future adjustment by the State Engineer of New Mexico. The condition of Costilla dam may be such that the State Engineer of New Mexico will not permit storage above a determined stage except for short periods of time. (h) The "Cerro Canal" is that irrigation canal which diverts water from the left bank of Costilla Creek in New Mexico near the southwest corner of Section 12, Township 1 South, Range 73 West, of the Costilla Estates Survey, and runs in a northwesterly direction to the Boundary near Boundary Monument No. 140. (i) The "Boundary" is the term used herein to describe the common boundary line between Colorado and New Mexico.

351

�


text:
Page:United States Statutes at Large Volume 77.djvu/384

 352

PUBLIC LAW 88-198-DEC. 12, 1963

[77 STAT.

(j) The term "(Dostilla Reservoir System" means and includes the Costilla Reservoir and the Cerro Oanal, the permits for the storage of water in Costilla Reservoir, the twenty-four and fiftytwo h-undredths (24,52) cubic feet per second of time of direct flow water rights transferred to the Cerro Canal, and the permits for the diversion of direct flow water by the Cerro Canal as adjusted herein to seventy-five and forty-eight hundredths (75.48) cubic feet per second of time. (k) The term "Costilla Resen^oir System Safe Yield" means that quantity of usable water made available each year by the Costilla Reservoir System. The safe yield represents the most beneficial operation of the Costilla Reservoir System through the use, first, of the total usable portion of the yield of the twenty-four and fifty-two hundredths (24.52) cubic feet per second of time of direct flow rights transferred to the Cerro Canal, second,,of the total usable portion of the yield of the direct flow Cerro Canal permits, and third, of that portion of the water stored in Costilla Reservoir required to complete such safe yield. (1) The term "Usable Capacity" is defined and means that capacity of Costilla Reservoir at the stage above which the State Engineer of New Mexico will not permit storage except for short periods of time, (m) The term "Temporary Storage" is defined and means the water permitted by the State Engineer of New Mexico to be stored in Costilla Reservoir for short periods of time above the Usable Capacity of that reservoir. (n) The term "Additional Storage Facilities" is defined and means storage capacity which may be provided in either State to impoimd waters of Costilla Creek and its tributaries in addition to the nominal capacity of Costilla Reservoir and the Costilla Creek complement of the Eastdale Reservoir No. 1 capacity. (o) The term "Duty of Water" is defined as the rate in cubic feet per second of time at which water may be diverted at the headgate to irrigate a specified acreage of land during the period of maximum requirement. (p) The term "Surplus Water" is defined and means water which cannot be stored in operating reservoirs during the Storage Season or water during the Irrigation Season which cannot be stored in operating reservoirs and which is in excess of the aggregate direct flow rights and permits recognized by this compact. (q) The term ' i r r i g a t i o n Season" is defined and means that period of each calendar year from May 16 to September 30, inclusive. (r) The term "Storage Season" is defined and means that period of time extending from October 1 of one year to May 15 of the succeeding year, inclusive. (s) The term "Points of Interstate Delivery" means and includes (1) th,e Acequia Madre where it crosses the Boundary; (2) The Costilla Creek where it crosses the Boundary; (3) the Cerro Canal where it rea^ihes the Boundary; and (4) any other interstate canals which might be constructed with the approval of the Commission at the point or points where they cross the Boundary. (t) The term "Water Company" means The San Luis Power and Water Company, a Colorado corporation, or its successor. (u) The word "Commission" means the Costilla Creek Compact Commission created by Article VIII of this compact for the administration thereof.

�


text:
Page:United States Statutes at Large Volume 77.djvu/385

 77 STAT. ]

PUBLIC LAW 88-198-DEC. 12, 1963 AiRTTCLB

m

1. To accomplish the purposes of this compact, as set forth in Article I, the following adjustments in the operation of irrigation facilities on Costilla Creek, and in the use of water diverted, stored and regulated thereby, are made: (a) The quantity of water delivered for use in the two States by direct flow ditches in the Costilla-Garcia Area and by the Cerro Canal is based on a Duty of Water of one cubic foot per second of time for each eighty (80) acres, to be applied in the order of priority; Provided, however, That this adjustment in each instance is based on the acreage as determined by the court in decreeing the water rights for the Costilla-Garcia Area, and in the case of the Cerro Canal such basis shall apply to eight thousand (8,000) acres of land. I n order to better maintain a usable head for the diversion of water for beneficial consumptive use the adjusted maximum diversion rate under the water right of each of the ditches supplying water for the Costilla-Garcia Area in Colorado is not less than one cubic foot per second of time. (b) There is transferred from certain ditches in the CostillaGarcia Area twenty-four and fifty-two hundredths (24.52) cubic feet per second of time of direct flow water rights, which rights of use are held by the Water Company or its successors in title, to the headgate of the Cerro Canal. The twenty-four and fifty-two hundredths (24.52) cubic feet of water per second of time hereby transferred represents an evaluation of these rights after adjustment in the Duty of Water, pursuant to subsection (a) of this Article, and includes a reduction thereof to compensate for increased use of direct flow water which otherwise would have been possible under these rights by this transfer. (c) Except for the rights to store water from Costilla Creek in Eastdale Reservoir No. 1 as hereinafter provided, all diversion and storage rights from Costilla Creek for Eastdale Reservoirs No. 1 and No. 2 are relinquished and the water decreed thereunder is returned to the creek for use in accordance with the plan of integrated operation effectuated by this compact. (d) The Cerro Canal direct flow permit shall be seventy-five and forty-eight hundredths (75.48) cubic feet per second of time. (e) There is transferred to and made available for the irrigation of lands in Colorado a portion of the Costilla Reservoir complement of the Costilla Reservoir System Safe Yield in order that the storage of water in that reservoir may be made for the benefit of water users in both Colorado and New Mexico under the provisions of this compact for the allocations of water and the operation of facilities. 2. Each State grants for the benefit of the other and its water users the rights to change the points of diversion of water from Costilla Creek, to divert water from the stream in one State for use in the other and to store water in one State for the irrigation of lands in the other, insofar as the exercise of such rights may be necessary to effectuate the provisions of this Article and to comply with the terms of this compact. 3. The Water Company has consented to and approved the adjustments contained in this Article; and such consent and approval shall be evidenced in writing and filed with the Commission. ARTICLE IV

The apportionment and allocation of the use of Costilla Cre^k water shall be as follows: 93-025 0 - 6 4 - 2 5

353

�


text:
Page:United States Statutes at Large Volume 77.djvu/386

 354

PUBLIC LAW 88-198-DEC. 12, 1963

[77 STAT.

(a) There is allocated for diversion from the natural flow of Costilla Creek and its tributaries sufficient water for beneficial use on meadow and pasture lands above Costilla Reservoir in New Mexico to the ext<»nt and in the manner now pi-evailini]: in that area. (b) There is allocated for diversion from the natural flow of Costilla Creek and its tributaries thirteen and forty-two hundredths (13.42) cubic feet of water per second of time for beneficial use on lands in the Amalia Area in New Mexico. (c) I n addition to allocations made in subsections (e), (f) and (g) of this Article, there is allocated for diversion from the natural flow of Costilla Creek fifty and sixty-two hundredths (50.62) cubic feet of water per second of time for Colorado and eighty-nine and eight hundredths (89.08) cubic feet of water per second of time for New Mexico, subject to adjustment as provided in Article V (6), and such water shall be delivered for beneficial use in the two States in accordance with the schedules and under the conditions set forth in Article V. (d) There is allocated for diversion from the natural flow of Costilla Creek sufficient water to provide each year one thousand (1,000) acre-feet of stored water in Eastdale Reservoir No. 1, such water to be delivered as provided in Article V. (e) There is allocated for diversion to Colorado thirty-six and five-tenths per cent (36.5%) and to New Mexico sixty-three and five-tenths per cent (63.5%) of the water stored by Costilla Reservoir for release therefrom for irrigation purposes each year, subject to adjustment as provided in Article V(e) and such water shall be delivered for beneficial use in the two States on a parity basis in accordance with the provisions of Article V. By "parity basis" is meant that neither State shall enjoy a priority of right of use. (f) There is allocated for beneficial use in each of the States of Colorado and New Mexico one-half of the Surplus "Water, as defined in Article 11 (p), to be delivered as provided in Article V. (g) There is allocated for beneficial use in each of the States of Colorado and New Mexico one-half of any water made available and usable by Additional Storage Facilities which may be constructed in the future. ARTICLE V

The operation of the facilities of Costilla Creek and the delivery of water for the irrigation of land in Colorado and New Mexico, in accordance with the allocations made in Article IV, shall be as follows: (a) Diversions of water for use on lands in the Amalia Area shall be made as set forth in Article IV (b) in the order of decreed priorities in New Mexico and of relative priority dates in the two States, subject to the right of New Mexico to change the points of diversion and places of use of any of such water to other points of diversion and places of use; Provided, howver^ That the rights so transferred shall be limited in each instance to the quantity of water actually consumed on the lands from which the right is transferred. (b) Deliveries to Colorado of direct flow water below the Canyon Mouth shall be made by New Mexico in accordance with the following schedule:

�


text:
Page:United States Statutes at Large Volume 77.djvu/387

 PUBLIC LAW 88-198-DEC. 12, 1963

77 STAT.]

DELIVERIES OF DIRECT FLOW WATER TO COLORADO DURING IRRIGATION SEASON Usable Discharge of Greek at Canyon Mouth Gaging Station (C.F.8.) (1) 25.00

Incremental Allocations to Colorado (C.F.S.) (2A)

Cumulative Points of Inter- Allocastate Delivery tions to Colorado (C.F.S.)

(2B)

(3)

(4)

AcequiaMadre.

2.63

Cerro Canal

4.70

Cerro Canal

.38

Cerro Canal.

404

36.88

1.05

Cerro Canal.

12.70

Creek-.

13.70

Cerro Canal.

15.94

Creek

21.94

Cerro Canal.

22.07

Creek

23.07

Cerro Canal.

50.62

38.62 44.76

1.00 2.24

50.91 56.48

6.00 .13

61.48

1.00

8.28

64.22

139.70

27.65

Remarks

(5) Incremental allocation is 4.2% of the usable discharge when usable discharge Is less than 25.00 C.F.S. Incremental allocation is 10.13% of the usable discharge when usable discharge is less than 25.00 C.F.S. This 4.70 C.F.S. is not a part of the Colorado allocation of the direct flow water of the Costilla Reservoir System and is not subject to adjustment in the event of a change in the usable capacity of Costilla Reservoir. Incremental allocation is 18.8% of the usable discharge when usable discharge is less than 25.00 C.F.S. This 4.70 C.F.S. allocated to Colorado for delivery through the Cerro Canal is 5.50 C.F.S. of the original 6.55 C.F.S. allocated to Colorado for delivery through the Acequia Madre less 0.8 C.F.S. correcrection for losses. This 0.38 C.F.S. is not a part of the Colorado allocation of the direct flow water of the Costilla Reservoir System and is not subject to adjustment in the event of a change in the usable capacity of Costilla Reservoir. Incremental allocation is 3.26% of the usable discharge in excess of 25.38 C.F.S. and less than 36.88 C.F.S. Incremental allocation is 35.11% of the usable discharge in excess of 25.38 C.F.S. and less than 36.88 C.F.S. Incremental allocation is 100% of the usable discharge in excess of 37.62 C.F.S. and less than 38.62 C.F.S. Incremental allocation is 36.5% of the usable discharge in excess of 38.62 C.F.S. and less than 44.76 C.F.S. Incremental allocation is 100% of the usable discharge in excess of 44.91 C.F.S. and less than 50.91 C.F.S. Incremental allocation is 11.18% of the usable discharge in excess of 55.35 C.F.S. and less than 56.48 C.F.S. Incremental allocation is 100% of the usable discharge in excess of 60.48 C.F.S. and less than 61.48 C.F.S. At usable creek discharge of 64.22 C.F.S. the Cerro Canal direct flow permit becomes operative after 1,000 acre-feet has been stored in Eastdale Reservoir No. 1. Incremental allocation is 36.5% of the usable discharge in excess of 64.22 C.F.S. and less than 139.70 C.F.S.

The actual discharges of Costilla Creek at the Canyon Mouth gaging station at which the various blocks of direct flow water become effective shall equal the flows set forth in column (1) increased by the transmission losses necessary to deliver those flows to the headgates of the respective direct flow ditches diverting in New Mexico. The delivery of ditch water at the Boundary shall equal the allocation set forth in columns (2A) and (2B) reduced by the transmission losses between the headgate of the ditch and the point where the ditch crosses the Boundary. The allocations to be delivered to Colorado through the Cerro Canal represent, except as otherwise indicated in column (5) of the table above, 36.5 per cent of those blocks of direct flow water of the Costilla Reservoir System which are subject to adjustment as provided in subsection (e) of this Article. The provisions of Article III 1. (a) shall not be applicable to the Colorado allocation of 5.08 C.F.S. which is transferred from the Acequia Madre to the Cerro Canal by this Amendment to the Costilla Creek Compact and shall not be applicable to the 0.8 C.F.S. which is transferred frdta Colorado to New Mexico by this Amendment to the Costilla Creek Compact. The above table is compiled on the basis of the delivery to Colorado at the Boundary of thirty-six and five-tenths per cent (36.5%) of all direct flow water of the Costilla Reservoir System diverted by the Cerro Canal and the delivery at the Boundary of all other direct flow water allocated to Colorado, In the order of priority, all such deliveries to be adjusted for transmission losses. In the event of change in the Usable Capacity of the Costilla Reservoir, Colorado's share of all direct flow water of the Costilla Reservoir System diverted by the Cerro Canal, to be delivered at the Boundary and adjusted for transmission losses, shall be determined by the percentages set forth in Column (4) of the table which appears in subsection (e) of this Article.

355

�


text:
Page:United States Statutes at Large Volume 77.djvu/388

 PUBLIC LAW 88-198-DEC. 12, 1963

356

[77 STAT.

(c) During the Storage Season, no water shall be diverted under direct flow rights unless there is water in excess of the demand of all operating resen^oirs for water from Costilla Creek for storage. (d) I n order to assure the most efficient utilization of the available water supply, the filling of Eastdale Reservoir No. 1 from Costilla Creek shall be commenced as early in the spring as possible and shall be completed as soon thereafter as possible. The Cerro Canal or any other ditch which may be provided for that purpose shall be used, insofar as practicable, to convey the water from the Canyon Mouth to Eastdale Reservoir No. 1. During any season when the Commission determines that there will be no Surplus Water, any diversions, waste or spill from any canal or canals supplying Eastdale Reservoir No. 1 will be charged to the quantity of water diverted for delivery to said reservoir. (e) The Commission shall estimate each year the Safe Yield of Costilla Reservoir System and its component parts as far in advance of the Irrigation Season as possible, and shall review and revise such estimates from time to time as may be necessary. I n the event the Usable Capacity of the Costilla Reservoir changes, the average safe yield and the equitable division thereof between the States shall be determined in accordance with the following table: Division of Safe Yield Usable Capacity of Costilla Reservoir

Average Annual Safe Yield (acre-feet)

Colorado

New Mexico

(acre-feet)

(per cent)

(acre-feet)

(per cent)

(1)

(2)

(3)

(4)

(6)

(6)

0 1,000 2,000 3,000 4,000 5,000 6,000 7,000 8,000 9,000 10,000 11,000 12,000 13,000 14,000 16,000 15,700

1,800 3,400 4,900 6,400 7,900 9,300 10,700 12,000 13,200 14,300 15,200 16,000 16,600 17,000 17,400 17,700 17,900

1,510 2,000 2,450 2,910 3,370 3,800 4,220 4,620 4,990 5,320 5.600 6,840 6,020 6,140 6,270 6,360 6,420

83.9 68.8 50.0 45.6 42.7 40.9 39.4 38.6 37.8 37.2 36.8 36.5 36.3 36.1 36.0 35.9 35.9

290 1,400 2,450 3,490 4,530 5,500 6,480 7,380 8,210 8,980 9,600 10,160 10,580 10,860 11,130 11,340 11,480

16.1 41.2 60.0 54.6 67.3 59.1 60.6 61.5 62.2 62,8 63.2 63. 5 63.7 63.9 64.0 64.1 64.1

Intermediate quantities shall be computed by proportionate parts.

I n the event of change in the Usable Capacity of the Costilla Reservoir, the Costilla Reservoir complement of the Costilla Reservoir System Safe Yield shall be divided between Colorado and New Mexico in accordance with the percentages given in Columns 4 and 6, respectively, of the above table. Each State may draw from the Reservoir in accordance with the allocations made herein, up to its proportion of the Costilla Reservoir complement of the Costilla Reservoir System Safe Yield and its proportion of Temporary Storage and no more. Colorado may call for the delivery of its share thereof at any of the specified Points of Interstate Delivery. Deliveries of water from Costilla Reservoir to the Canyon Mouth shall be adjusted for transmission losses, if any, between the two points. Deliveries to Colorado at the Boundary shall be further adjusted for transmission losses from the Canyon Mouth to the respective Points of Interstate Delivery.

�


text:
Page:United States Statutes at Large Volume 77.djvu/389

 77 STAT. ]

PUBLIC LAW 88-198-DEC. 12, 1963

Water stored in Costilla Reservoir and not released during the current season shall not be held over to the credit of either State but shall be apportioned when the safe yield is subsequently determined. (f) The Colorado apportionment of Surplus Water, as allocated in Article IV (f), shall be delivered by New Mexico at such points of interstate delivery and in the respective quantities, subject to transmission losses, requested by the Colorado member of the Commission. (g) I n the event that additional water becomes usable by the construction of Additional Storage Facilities, such water shall be made available to each State in accordance with rules and regulations to be prescribed by the Commission. (h) When it appears to the Commission that any part of the water allocated to one State for use in a particular year will not be used by that State, the Commission may permit its use by the other State during that year, provided that a permanent right to the use of such water shall not thereby be established. ARTICLE VI

The desirability of consolidating various of the direct flow ditches serving the Costilla-Garcia Area, which are now or which would become interstate in character by consolidation, and diverting the water available to such ditches through a common headgate is recognized. Should the owners of any of such ditches or a combination of them, desire to effectuate a consolidation and provide for a common headgate diversion, application therefor shall be made to the Commission which, after review of the plans submitted, may grant permission to make such consolidation. ARTICLE VII

The Commission shall cause to be maintained and operated a stream-gaging station, equipped with an automatic water-stage recorder, at each of the following points, to-wit: (a) On Costilla Creek immediately below Costilla Reservoir. (b) On Costilla Creek at or near the Canyon Mouth above the headgate of Cerro Canal and below the Amalia Area. (c) On Costilla Creek at or near the Boundary. (d) On the Cerro Canal immediately below its headgate. (e) On the Cerro Canal at or near the Boundary. (f) On the intake from Costilla Creek to the Eastdale Reservoir No. 1, immediately above the point where the intake discharges into the reservoir. "* (g) On the Acequia Madre immediately below its headgate. (n) On the Acequia Madre at the Boundary. (i) Similar gaging stations shall be maintained and operated at such other points as may be necessary in the discretion of the Commission for the securing of records required for the carrying out of the provisions of the compact. Such gaging stations shall be equipped, maintained, and operated by the Commission directly or in cooperation with an appropriate federal or state agency, and the equipment, method, and frequency of measurement at such stations shall be such as to produce reliable records at all times.

357

�


text:
Page:United States Statutes at Large Volume 77.djvu/390

 358

PUBLIC LAW 88-198-DEC. 12, 1963

[77 STAT.

ARTICLE VIIT

The two States shall administer this compact through the official in each State who is now or may hereafter be charged with the duty of administering the public water supplies, and such officials shall constitute the Costilla Creek Compact Commission. I n addition to the powers and duties hereinbefore specifically conferred upon such Commission, the Commission shall collect and correlate factual data and maintain records having a bearing upon the administration of this compact. I n connection therewith, the Commission may employ such engineering and other assistance as may be reasonably necessary within the limits of funds provided for that purpose by the States. The Commission may, by unanimous action, adopt rules and regulations consistent with the provisions of this compact to govern its proceedings. The salaries and expenses of the members of the Commission shall oe paid by their respective States. Other expenses incident to the administration of the compact, including the employment of engineering or other assistance and the establishment and maintenance of compact gaging stations, not borne by the United States shall be assumed equally by the two States and paid directly to the Commission upon A'ouchers submitted for that purpose. The United States Geological Survey, or whatever federal agency may succeed to the functions and duties of that agency, shall collaborate with the Commission in the correlation and publication of water facts necessary for the proper administration of this compact. ARTICLE IX

This amended compact shall become operative when ratifi,ed by the Legislatures of the signatory States and consented to by the Congress of the United States; provided, that, except as changed herein, the provisions, terms, conditions and obligations of the Costilla Creek Compact executed on September 30, 1944, continue in fuU force and I N W I T N E S S WHEREOF, the Commissioners have signed this compact in triplicate original, one copy of which shall be deposited in the archives of the Department of State of the United States of America, and one copy of which shall be forwarded to the Governor of each of the signatory States. Done in the City of Sante Fe, New Mexico, on the 7th day of February, in the year of our Lord, one thousand nine hundred and sixtythree. J. E. WHITTEN,

Commissioner for Colorado. S. E. REYNOLDS,

Commissioner for New Mexico, SEC. 2. The right to alter, amend, or repeal this Act is hereby reserved. Approved December 12, 1963.

�


text:
Page:United States Statutes at Large Volume 77.djvu/391

 77 STAT.]

359

PUBLIC LAW 88-200-DEC. 13, 1963

Public Law 88-199 December AN ACT [H. R. To authorize the Secretary of the Interior to acquire and add certain lands to. the Salem Maritime National Historic Site in Massachusetts, and for other purposes.

12, 1963 976]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in order to saiem Maritime preserve, as a part of the Salem Maritime National Historic Site, ^^^f °gj^ ™"' one of the few substantially unaltered houses of seventeenth century Land ac qui siMassachusetts, the Secretary of the Interior is authorized to procure "°"by purchase, donation, or purchase with donated funds certain lands and interests in lands situated in Salem, Massachusetts, being known as the Narbonne House, and consisting of approximately 0.187 acre, the same being the premises conveyed to Margaret Hale by deed dated November 5, 1958, and recorded with the Essex County deeds, book 4511, page 575. When acquired, said lands shall be acbninistered as a part of the site under the laws and regulations applicable thereto. SEC. 2. There- are hereby authorized to be appropriated such sums, Appropriation. but not more than $18,000, as may be necessary to acquire the property described in section 1 of this Act. Approved December 12, 1963. Public Law 88-200 AN ACT To amend further the I'eace Corps Act, as amended.

December 13, 1963 [H. R. 9009]

Be it eruicted by the Senate and Hovj^e of Represeritatives of the United States of America in Congress assembled, That section 3(b) Peace corps of the Peace Corps Act, as amended, which authorizes appropriations ^'^^^ amendments. to carry out the purposes of that Act, is amended by striking out 22 USC 2502. ^^ ^'^*' ^* "1963 and "$63,750,000"' and substituting "1964" and "$102,000,000", respectively. SEC. 2. Section 5 of the Peace Corps Act, as amended, which relates 75 Stat. 613. 22 USC 2504. to Peace Corps volunteers, is amended as follows: (a) I n subsection (b), in"sert the following sentence immediately after the first sentence: "Supplies or equipment provided volunteers to insure their capacity to serve effectively may be transferred to the government or to other entities of the country or area with which they have been serving, when no longer necessary for such purpose, and when such transfers would further the purposes of this Act." (b) Strike out subsection (c) andsubstitutetherefor the following: "(c) Volunteers shall be entitled to receive a readjustment allowance at a rate not to exceed $75 for each month of satisfactory service as determined by the President. The readjustment allowance of each A^olunteer shall be payable on his return to the, United States: Provided, however, That, under such circumstances as the President may determine, the accrued readjustment allowance, or any part thereof, may be paid to the volunteer, members of his family or others, during the period of his service, or prior to his return to the United States. In the event of the volunteer's death during the period of his service, the amount of any unpaid readjustment allowance shall be paid in accordance with the provisions of the Act of August 3, 1950, chapter 518, section 1 (5 U.S.C.61f)." 64 Stat. 395. (c) In subsection (f)(2), strike out "termination payments'' and substitute therefor "readjustment allowances".

�


text:
Page:United States Statutes at Large Volume 77.djvu/392

 360

69 Stat. 584. 68 Stat. 176.

22 USC 2505.

22 USC 2506.

75 Stat. 617. 22 USC 2509.

22 USC 2512.

22 USC 2518.

PUBLIC LAW 88-200-DEC. 13, 1963

[77

STAT.

(d) I n subsection (g), add immediately after "may determine" the following proviso: ": Provided, That not to exceed one hundred volimteers in the aggregate may be assigned to carry out secretarial or clerical duties on the staffs of the Peace Coips representatives abroad". (e) In subsection (h), strike out "and for the purposes of" immediately after "tort liability statute," and substitute therefor "the Federal Voting Assistance Act of 1955 (5 U.S.C. 2171 et seq.), the Act of Juuc 4, 1954, chapter 264, section 4 (5 U.S.C. 73b-5), and". ^f) Add a new subsection at the end of section 5 as follows: " (k) I n order to assure that the skills and experience which former volunteers have derived from their training and their service abroad are best utilized in the national interest, the President may, in cooperation with agencies of the United States, private employers, educational institutions and other entities of the United States, undertake programs under which volunteers would be counseled with respect to opportunities for further education and employment." SEC. 3. Section 6(1) of the Peace Corps Act, as amended, which relates to Peace Corps volunteer leaders, is amended by striking out "termination payments" and substituting therefor "a readjustment allowance". SEC. 4. Section 7(b) of the Peace Corps Act, as amended, which relates to the compensation of persons engaged in the United States in activities authorized by the Act, is amended by striking out "so" in the first sentence thereof. SEC. 5. Section 10(a) of the Peace Corps Act, as amended, which relates to general powers and authorities, is amended by inserting immediately after "or otTierwise" in paragraph (3) ", and transfer such property to the government or other entities of the country or area with which the volunteers are serving, when such transfers would further the general purposes of the Act". SEC. 6. Section 13 of the Peace Corps Act, as amended, which relates to the employment of experts and consultants, is amended as follows: (a) In subsection (a), strike out "Peace Corps" and substitute therefor "President". (b) In subsection (b), strike out all that appears between "shall not" in the first clause thereof and "be considered" in the second clause thereof. SEC. 7. Section 19 of the Peace Corps Act, as amended, which relates to the Peace Corps seal, is amended by striking out the short title and substituting therefor "Exclusive Right to Seal and Name", by inserting " (a) " before "The President may", and by adding a new subsection as follows: "(b)(1) The use of the official seal or emblem and the use of the name 'Peace Corps' shall be restricted exclusively to designate programs authorized under this Act. "(2) Whoever, whether an individual, partnership, corporation, or association, uses the seal for which provision is made in this section, or any sign, insignia, or symbol in colorable imitation thereof, or the words 'Peace Corps' or any combination of these or other words or characters in colorable imitation thereof, other than to designate programs authorized under this Act, shall be fined not more than $500 or imprisoned not more than six months, or both. A violation of this subsection may be enjoined at the suit of the Attorney General, United States attorneys, or other persons duly authorized to represent the United States."*' SEC. 8. The Peace Corps Act, as amended, is amended to add after title II thereof a new title as follows:

�


text:
Page:United States Statutes at Large Volume 77.djvu/393

 77 STAT. ]

361

PUBLIC LAW 88-201-DEC. 13, 1963

"TITLE III—ENCOURAGEMENT OF VOLUNTARY SERVICE PROGRAMS "SEC. 301. (a) The Congress declares that it is the policy of the United States and a further purpose of this Act to encourage countries and areas to establish programs under which their citizens and nationals would volunteer to serve in order to help meet the needs of less developed countries or areas for trained manpower, and to encourage less developed countries or areas to establish programs under which their citizens and nationals would volunteer to serve in order to meet their needs for trained manpower. " (b) Not more than $300,000 may be used to caiTy out the purposes of this title in fiscal year 1964. Activities carried out by the President in furtherance of the purposes of this title shall be limited to the furnishing of knowledge and skills relating to the selection, training, and programing of volunteer manpower. None of the fmids available to carry out the purposes of this Act which are used in furtherance of the purposes of this title may be contributed to any international organization or to any foreign government or agency thereof; nor may such funds be used to pay the costs of developing or operating volunteer programs of such organization, government, or agency, or to pay any other costs of such organization, government, or agency. " (c) Such activities shall not compromise the national character of the Feace Corps." Approved December 13, 1963. Public Law 88-201 AN ACT To provi(le that seat belts sold or shipijed in interstate commerce for use in motor vehicles shall meet certain safety standards.

Be it enacted by the /Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of Commerce shall prescribe and publish in the Federal Register minimum standards for seat belts for use in motor vehicles other than those of carriers subject to safety regulations under part II of the Interstate Commerce Act. Such standards shall be designed to provide the public with safe seat belts so that passenger injuries in motor vehicle accidents can be kept to a mininmm. Standards first established under this section shall be prescribed and published not later than one year after the date of enactment of this Act. SEC. 2. (a) The manufacture for sale, the sale, or the offering for sale, in interstate commerce, or the importation into the Ignited States, or the introduction, delivery for introduction, transportation or causing to be transported in, interstate commerce, or for the purpose of sale, or delivery after sale, in interstate commerce, of any seat belt manufactured on or after the date this section takes effect shall be unlawful unless such seat belt meets the standards prescribed by the Secretary of Commerce as set forth in the first section of this Act. (b) Whoever knowingly and willfully violates this section shall be fined not more than $1,000, or imprisoned not more than one year or both. SEC. 3. As used in this Act— (1) The term "interstate commerce" includes commerce between one State, Territory, possession, the District of Columbia, or the Commonwealth of Puerto Rico and another State, Territory, possession, the District of Columbia, or the Commonwealth of Puerto Rico.

December 13, 1963 [H. R. 134]

Seat belts. Safety standards. Publication i n F. R. 54 Stat. 919. 49 USC 30 1.

Restriction.

Penalty.

Definitions.

�


text:
Page:United States Statutes at Large Volume 77.djvu/394

 362

Effective date.

PUBLIC LAW 88-202-DEC. 13, 1963

[77

STAT.

(2) The term "motor vehicle" means any other vehicle or machine propelled or drawn by mechanical power and used on the highways principally in the transportation of passengers. (3) The term "seat belt" means any strap, webbing, or similar device designed to secure a passenger in a motor vehicle in order to mitigate the results of any accident, including all necessary buckles, and other fasteners, and all hardware designed for installing such seat belt in a motor vehicle. SEC. 4. This Act shall take effect on the date of its enactment except that section 2 shall take effect on such date as the Secretary of Commerce shall determine but such date shall be not less than one hundred and eighty days nor more than one year after the date of publication of standards first established under the first section of this Act, If such standards first established are thereafter changed, such standards as so changed shall take effect on such date as the Secretary of Commerce shall determine but such date shall be not less than one hundred and eighty days nor more than one year after the date of their publication m accordance with the provisions of the first section of this Act. Approved December 13, 1963.

Public Law 88-202 December 13, 1963 [S. J. R e s, 137]

Commission investigating a s s a s s i n a t i o n of P r e s i d e n t John F. Kennedy. Subpena power, 28 F.R. 12789.

Manner of service.

JOINT RESOLUTION Authorizing the Commission established to reix)rt nixHi the assassination of President John F. Kennedy to comiH*! the attendan<'e and testimony of witnesses and the production of evidence.

Resolved by the Senate and House of Representatives of the United States of America in Co7igress asse?nhhd, That (a) for the purposes of this joint resolution, the term "Commission" means the Commission appointed by the President by Executive Order 11130, dated November 29, 1963. (b) The Commission, or any member of the Commission when so authorized by the Commission, shall have jDower to issue subpenas requiring the attendance and testimony of witnesses and the production of any evidence that relates to any matter under investigation by the Commission. The Comiiiission, or any member of the Commission or any agent or agency designated by the Commission for such purpose, may administer oaths and affirmations, examine witnesses, and receive evidence. Such attendance of witnesses and the production of such evidence may be required from any place within the United States at any designated place of hearing. (c) I n case of contumacy or refusal to obey a subpena issued to any person under subsection (b), any court of the United States within the jurisdiction of which the inquiry is carried on or within the jurisdiction of which said person guilty of contumacy or refusal to obey is found or resides or transacts business, upon application by the Commission shall have jurisdiction to issue to such person an order requiring such person to appear before the Commission, its member, agent, or agency, there to produce evidence if so ordered, or there to give testimony touching the matter under investigation or in question; and any failure to obey such order of the court may be punished by said court as a contempt thereof. (d) Process and papers of the Connnission, its members, agent, or agency, may be served either upon the witness in person or by registered mail or by telegraph or by leaving a copy thereof at the residence or principal office or place of business of the person required to be served. The verified return by the individual so serving the same, setting forth the manner of such service, shall be proof of the same, and

�


text:
Page:United States Statutes at Large Volume 77.djvu/395

 77 STAT. ]

363

PUBLIC LAW 88-204-DEC. 16, 1963

the return post office receipt or telegraph receipt therefor when registered and mailed or telegraphed as aforesaid shall be proof of service of the same. Witnesses summoned before the Commission, its members, agent, or agency, shall be paid the same fees and mileage that are paid witnesses in the courts of the United States, and witnesses whose depositions are taken and the persons taking the same shall severally be entitled to the same fees as are paid for like services in the courts of the United States. (e) No person shall be excused from attending and testifying or Privilege from producing books, records, correspondence, documents, or other fnctim^nlum evidence in obedience to a subpena, on the ground that the testimony or evidence required of him may tend to incriminate him or subject him to a penalty or forfeiture; but no individual shall be prosecuted or subjected to any penalty or forfeiture (except demotion or removal from office) for or on account of any transaction, matter, or thing concerning which he is compelled, after having claimed his privilege against self-incrimination, to testify or produce evidence, except that such individual so testifying shall not be exempt from prosecution and pimishment for perjury committed hi so testifying. (f) All process of any court to which application may be made under piace of this Act may be served in the judicial district wherein the person service. required to be served resides or may lie found. Approved December 13, 1963.

Public Law 88-203 AN ACT

To amend title V of the Agricultural Act of 1941>, as anieiuletl, and for other purposes.

December 13, 1963

1^ ^^°^^ ^-

Be It enacted by the Senate atul House of Representatives of the United States of America in Congress assembled, That section 510 Mexican farm of the Agricultural Act of 1949, as amended, is amended by striking labor program. ••December 31, 1963" and inserting "Deceml)er 31, 1964". Tlt^llli. Approved December 13, 1963. 7 USC neiinote.

Public Law 88-204 AN ACT To authorize assistance to public and other nonprofit institutions of higher education in financing the construction, rehabilitation, or improvement of needed academic and related facilities in undergraduate and graduate institutions. 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 "Higher Education Facilities Act of 1963". F I N D I N G S A N D DECLARATION OF POLICY

SEC. 2. The Congress hereby finds that the security and welfare of the United States require that this and future generations of American youth be assured ample opportunity for the fullest develop-

December 16, 1963 [H. R. 6143]

Higher Education F a c i l i t i e s Act of 1963.

�


text:
Page:United States Statutes at Large Volume 77.djvu/396

 364

PUBLIC LAW 88-204-DEC. 16, 1963

[77 STAT.

merit of their intellectual capacities, and that this opportunity will be jeopardized unless the Nation's colleges and universities are encouraged and assisted in their efforts to accommodate rapidly growing numbers of youth who aspire to a higher education. The Congress further finds and declares that these n^eds are so great and these steps so urgent that it is incumbent upon the Nation to take positive and immediate action to meet these needs through assistance to institutions of higher education, including graduate and undergraduate institutions, junior and community colleges, and technical institutes, in providing certain academic facilities. TITLE I—GRANTS FOR CONSTRUCTION OF UNDERGRADUATE ACADEMIC FACILITIES APPROPRIATIONS AUTHORIZED

SEC. 101. (a) The Commissioner of Education (hereinafter in this Act referred to as the "Commissioner") shall carry out during the fiscal year ending June 30, 1964, and each of the four succeeding fiscal years, a program of grants to institutions of higher education for the construction of academic facilities in accordance with this title. (b) For the purpose of making grants under this title, there is hereby authorized to be appropriated the sum of $230,000,000 for the fiscal year ending June 30, 1964, and each of the two succeeding fiscal years; but for the fiscal year ending June 30, 1967, and the succeeding fiscal year, only such sums may be appropriated as the Congress may hereafter authorize by law. In addition to the sums authorized to be appropriated under the preceding sentence, there is hereby authorized to be appropriated for the fiscal year ending June 30, 1965, and the succeeding fiscal year, for making siuch grajits the difference (if any) between the sums authorized to be appropriated under the preceding sentence for preceding fiscal years and the aggregate of the sums which were appropriated for such preceding years under such sentence. (c) Sums appropriated pursuant to subsection (b) of this section shall remain available for reservation as provided in section 109 until the close of the fiscal year next succeeding the fiscal year for which they were appropriated. ALLOTMENTS

SEC. 102. Of the funds appropriated pursuant to section 101 for any fiscal year, 22 per centum shall be allotted among the States in the manner prescribed by section 103 for use in providing academic facilities for public community colleges and public technical institutes. The remainder of the funds so appropriated shall be allotted among the States in the manner as prescribed in section 104 for use in providing academic facilities for institutions of higher education other than public community colleges and public technical institutes.

�


text:
Page:United States Statutes at Large Volume 77.djvu/397

 77 STAT. ]

PUBLIC LAW 88-204-DEC. 16, 1963

ALLOTMENTS TO STATES EOR PUBLIC COMMUNITY COLLEGES AND PUBLIC TECHNICAL INSTITUTES

SEC. 103. (a) The funds to be allotted for any fiscal year for use in providing academic facilities for public community colleges and public technical institutes shall be allotted among the States on the basis of the income per person and the number of high school graduates of the respective States. Such allotments shall be made as follows: The Commissioner shall allot to each State for each fiscal year an amount which bears the same ratio to the funds being allotted as the product of— (1) the number of high school graduates of the State, and (2) the State's allotment ratio (as determined under subsection (d)) bears to the sum of the corresponding products for all the States. (b) The amount of each allotment to a State under this section shall be available, in accordance with the provisions of this title, for payment of the Federal share (as determined under sections 108(b)(3) and 401 (d)) of the development cost of approved projects for the construction of academic facilities within such State for public community colleges and public technical institutes. Sums allotted to a State for the fiscal year ending June 30, 1964, shall remain available for reservation as provided in section 109 until the close of the next fiscal year, in addition to the sums allotted to such State for such next fiscal year. (c) All amounts allotted under this section for the fiscal year ending June 30, 1965, and the succeeding fiscal year, which are not reserved as provided in section 109 by the close of the fiscal year for which they are allotted, shall be reallotted by the Commissioner, on the basis of such factors as he determines to be equitable and reasonable, among the States which, as determined by the Commissioner, are able to use without delay any amounts so reallotted for providing academic facilities for public community colleges or public technical institutes. Amounts reallotted under this subsection shall be available for reservation until the close of the fiscal year next succeeding the fiscal year for which they were originally allotted. (d) For purposes of this section— (1) The "allotment ratio" for any State shall be 1.00 less the product of (A).50 and (B) the quotient obtained by dividing the income per person for the State by the income per person for all the States (not including Puerto Rico, the Virgin Islands, American Samoa, and Guam), except that (i) the allotment ratio shall in no case be less than.33l^ or more than.66%, (ii) the allotment ratio for Puerto Rico, the Virgin Islands, American Samoa, and Guam shall be.66%, and (iii) the allotment ratio of any State shall be.50 for any fiscal year if the Commissioner finds that the cost of school construction in such State exceeds twice the median of such costs in all the States as determined by him on the basis of an index of the average per pupil cost of constructing minimum

365

�


text:
Page:United States Statutes at Large Volume 77.djvu/398

 366

72 Stat. 557.

PUBLIC LAW 88-204-DEC. 16, 1963

[77 STAT.

school facilities in the States as determined for such fiscal year under section 15(6) of the Act of September 23, 1950, as amended (20 U.S.C. 645), or, in the Commissioner's discretion, on the basis of such index and such other statistics and data as the Commissioner shall deem adequate and appropriate; and (2) The allotment ratios shall be promulgated by the Commissioner as soon as possible after enactment of this Act, and annually thereafter, on the basis of the average of the incomes per person of the States and of all the States for the three most recent consecutive calendar years for which satisfactory data are available from the Department of Commerce. (3) The term "high school graduate" means a person who has received formal recognition (by diploma, certificate, or similar means) from an approved school for successful completion of four years of education beyond the first eight years of schoolwork, or for demonstration of equivalent achievement. For the purposes of this section the number of hi^h school graduates shall be limited to the number who graduated m the most recent school year for which satisfactory data are available from the Department of Health, Education, and Welfare. The interpretation of the definition of "high school graduate" shall fall within the authority of the Commissioner. ALLOTMENTS TO STATES FOR INSTTTDTTONS OF HIGHER EDUCATION OTHER THAN PUBLIC COMMUNITY COLLEGES AND PUBLIC TECHNICAL INSTITUTES

SEC. 104. (a) Of the funds to be allotted for any fiscal year for use in providin,g academic facilities for institutions of higher education other than public community colleges and public technical institutes (1) one-half shall be allotted by the Commissioner among the States so that the allotment to each State under this clause will be an amount which bears the same ratio to such one-half as the number of students enrolled in institutions of higher eduction in such State bears to the total number of students enrolled in such institutions in all the States; and (2) the remaining one-half shall be allotted by him among the States so that the allotment to each State under this clause will be an amount which bears the same ratio to such remainder as the number of students enrolled in grades nine to twelve (both inclusive) of schools in such State bears to the total number of students in such grades in schools in all the States. For the purposes of this subsection, (A) the number of students enrolled in institutions of higher education shall be deemed to be equal to the sum of (i) the number of full-time students and (ii) the full-time equivalent of the number of part-time students as determined by the Commissioner in accordance with regulations; and (B) determinations as to enrollment under either clause (1) or clause (2) of this subsection shall be made by the Commissioner on the basis of data for the most recent year for which satisfactory data with respect to such enrollment are available to him. (b) The amount of each allotment to a State under this section shall be available, in accordance with the provisions of this title, for payment of the Federal share (as determined under sections 108(b)(3) and 401(d)) of the development cost of approved projects for the construction of academic facilities within such State for institutions of higher education other than public community colleges and public technical in^itutes. Sums allotted to a State for the fiscal year ending June 30, 1964p shall remain available for reservation as provided in section 109 until the close of the next fiscal year, in addition to the sums allotted to such State for such next fiscal year.

�


text:
Page:United States Statutes at Large Volume 77.djvu/399

 77 STAT. ]

PUBLIC LAW 88-204-DEC. 16, 1963

(c) All amounts allotted under this section for the fiscal year ending June 30, 1965, and the succeeding fiscal year, which are not ressrved as provided in section 109 by the close of the fiscal year for which they are allotted, shall be reallotted by the Commissioner, on the basis of such factors as he determines to be equitable and reasonable, among the States which, as determined by the Commissioner, are able to use without delay any amounts so reallotted for providing academic facilities for institutions of higher education other than public community colleges and public technical institutes. Amounts reallotted under this subsection shall be available for reservation until the close of the fiscal year next succeeding the fiscal year for which they were originally allotted. STATE COMMISSION S AND P L A N S

SEC. 105. (a) Any State desiring to participate in the grant program under this title shall designate for that purpose an existing State agency which is broadly representative of the public and of institutions of higher education (including junior colleges and technical institutes) in the State, or, if no such State agency exists, shall establish such a State agency, and submit to the Commissioner through the agency so designated or established (hereinafter in this title referred to as the "State commission"), a State plan for such participation. The Commissioner shall approve any such plan which— (1) provides that it shall be administered by the State commission; (2) sets forth, consistently with basic criteria prescribed by regulation pursuant to section 107, objective standards and methods (A) for determining the relative priorities of eligible projects for the construction of academic facilities submitted by institutions of higher education within the State, and (B) for determining the Federal share of the development cost of each such project other than a project for a public community college or public technical institute (unless such plan provides for a uniform Federal share for all such projects); (3) provides that the funds allotted (or reallotted) for any year under section 103 will be available only for use for the construction of academic facilities for public community colleges and public technical institutes, and that funds allotted (or reallotted) for any year to the State under section 104 will be availnble only for use for the construction of academic facilities for institutions of higher education other than public community colleges and public technical institutes; (4) provides (A) for assigning priorities solely on the basis of such criteria, standards, and methods to eligible projects submitted to the State commission and deemed by it to be otherwise approvable under the provisions of this title; and (B) for approving and recommending to the Commissioner, in the order of such priority, applications covering such eligible projects, and for certifying to the Commissioner the Federal share, determined by the State commission under the State plan, of the development cost of the project involved; (5) provides for affording to every applicant, which has submitted to the State commission a project, an opportunity for a fair hearing before the State commission as to the priority assigned to such project or as to any other determination of the State commission adversely affecting such applicant; and (6) provides (A) for such fiscal control and fund accounting procedures as may be necessary to assure proper disbursement of

367

�


text:
Page:United States Statutes at Large Volume 77.djvu/400

 368

PUBLIC LAW 88-204-DEC. 16, 1963

[77 STAT.

and accounting for Federal funds paid to the State commission under this title, and (B) for the making of such reports, in such form and containing such information, as may be reasonably necessary to enable the Commissioner to perform his functions under this title, (b) The Commissioner is authorized to expend not exceeding $3,000,000 during each of the first two fiscal years of the program under this title in such amounts as he may consider necessary for the proper and eflS.cient administration of the State plans approved under this title, including expenses which he determines were necessary for the preparation of such plans. E L I G I B I L I T Y FOR GRANTS

SEC. 106. A n institution of higher education shall be eligible for a grant for construction of an academic facility under this title (1) in the case of an institution of higher education other than a public community college or public technical institute, only if such construction is limited to structures, or portions thereof, especially designed for instruction or research in the natural or physical sciences, mathematics, modern foreign languages, or engineering, or for use as a library, and (2) only if such construction will, either alone or together with other construction to be undertaken within a reasonable time, (A) result in an urgently needed substantial expansion of the institution's student enrollment capacity, or (B) in the case of a new institution of higher education, result in creating urgently needed enrollment capacity. BASIC CRITERIA FOR DETERMINING P R I O R I T I E S AND FEDERAL S H A R E

SEC. 107. (a) As soon as practicable after the enactment of this Act the Commissioner shall by regulation prescribe basic criteria to which the provisions of State plans setting forth standards and methods for determining relative priorities of eligible construction projects, and the application of such standards and methods to such projects under such plans, shall be subject. Such basic criteria (1) shall be such as will best tend to achieve the objectives of this title while leaving opportunity and flexibility for the development of State plan standards and methods that will beSt accommodate the varied needs of institutions in the several States, and (2) shall give special consideration to expansion of undergraduate enrollment capacity. Subject to the foregoing requirements, such regulations may establish additional and appropriate basic criteria, including provision for considering the degree to which applicant institutions are effectively utilizing existing facilities, provision for allowing State plans to group or provide for grouping, in a reasonable manner, facilities or institutions according to functional or educational type for priority purposes, and, in view of the national objectives of this Act, provision for considering the degree to which the institution serves students from two or more States or from outside the United States,; and in no event shall an institution's readiness to admit such out-of-State students be considered as a priority factor adverse to such institution. (b) The Commissioner shall further prescribe by regulation the basic criteria for determining the Federal share of the development cost of any eligible project under this title within a State other than a project for a public community college or public technical institute, to which criteria the applicable standards and methods set forth in the State plan for such State shall conform in the absence of a uniform statewide Federal share specified in or pursuant to such plan.

�


text:
Page:United States Statutes at Large Volume 77.djvu/401

 77 STAT. ]

PUBLIC LAW 88-204-DEC. 16, 1963

I n the case of a project for an institution of higher education other than a public community college or public technical institute, the Federal share shall in no event exceed 33l^ per centum of its development cost; and in the case of a project for a public community college or public technical institute, the Federal share shall be 40 per centum of its development cost. (c) Section 4 of the Administrative Procedure Act shall apply to the prescription of regulations under this section, notwithstanding the provisions of clause (2) thereof. APPLICATIONS FOR GRANTS AND CONDITIONS FOR APPROVAL

SEC. 108. (a) Institutions of higher education which desire to obtain grants under this title shall submit applications therefor at such time or times and in such manner as may be prescribed by the Commissioner, and such applications shall contain such information as may be required by or pursuant to regulation for the purpose of enabling the Commissioner to make the determinations required to be made by him under this title. (b) The Commissioner shall approve an application covering a project for construction of an academic facility and meeting the requirements prescribed pursuant to subsection (a) if— (1) the project is an eligible project as determined under section 106; (2) the project has been approved and recommended by the appropriate State commission; (3) the State commission has certified to the Commissioner, in accordance with the State plan, the Federal share of the development cost of the project, and sufficient funds to pay such Federal share are available from the applicable allotment of the State (including any applicable reallotment to the State); (4) the project has, pursuant to the State plan, been assigned a priority that is higher than that of all other projects within such State (chargeable to the same allotment) which meet all the requirements of this section (other than this clause) and for which Federal funds have not yet been reserved; (5) the Commissioner determines that the construction will be undertaken in an economical manner and will not be of elaborate or extravagant design or materials; and (6) the Commissioner determines that (in addition to the assurance required by section 403 and such assurance as to title to the site as he may deem necessary) the application contains or is supported by satisfactory assurances— (A) that Federal funds received by the applicant will be used solely for defraying the development cost of the project covered by such application, (B) that sufficient funds will be available to meet the nonFederal portion of such cost and to provide for the effective use of the academic facility upon completion, and (C) that the facility will be used as an academic facility during at least the period of the Federal interest therein (as defined in section 404). (c) Amendments of applications shall, except as the Commissioner may otherwise provide by or pursuant to regulation, be subject to approval in the same manner as original applications. 93-025 0-64-26

369

eo st^t.j23^8.

5 USC 1003.

�


text:
Page:United States Statutes at Large Volume 77.djvu/402

 370

PUBLIC LAW 88-204-DEC. 16, 1963 AMOUNT

or

[77 STAT.

GRANT—PAYMENT

SEC. 109. Upon his approval of any application for a grant under this title, the Commissioner shall reserve from the applicable allotment (including any applicable reallotment) available therefor, the amount of such grant, which (subject to the limits of such allotment or reallotment) shall be equal to the Federal share (ascertained by him under section 108(b)(3)) of the development cost of the project covered by such application. The Commissioner shall pay such reserved amount, in advance or by way of reimbursement, and in such installments consistent with construction progress, as he may determine. The Commissioner's reservation of any amount under this section may be amended by him, either upon approval of an amendment of the application covering such project or upon revision of the estimated development cost of a project with respect to which such reservation was made, and in the event of an upward revision of such estimated cost approved by him he may reserve the Federal share of the added cost only from the applicable allotment (or reallotment) available at the time of such approval. ADMINISTRATION

OF STATE

PLANS

SEC. 110. (a) The Commissioner shall not finally disapprove any State plan submitted under this title, or any modification thereof, without first affording the State commission submitting the plan reasonable notice and opportunity for a hearing. (b) Whenever the Commissioner, after reasonable notice and opportunity for hearing to the State commission administering a State plan approved under this title, finds— (1) that the State plan has been so changed that it no longer complies with the provisions of section 105(a), or (2) that in the administration of the plan there is a failure to comply substantially with any such provision, the Commissioner shall notify such State commission that the State will not be regarded as eligible to participate in the program under this title until he is satisfied that there is no longer any such failure to comply. JUDICIAL

62 Stat. 928.

REVIEW

SEC. 111. (a) If any State is dissatisfied with the Commissioner's final action with respect to the approval of its State plan submitted under section 105(a) or with his final action under section 110(b), such State may appeal to the United States court of appeals for the circuit in which such State is located. The summons and notice of appeal may be served at any place in the United States. The Commissioner shall forthwith certify and file in the court the transcript of the proceedings and the record on which he based his action. (b) The findings of fact by the Commissioner, if supported by substantial evidence, shall be conclusive; but the court, for good cause shown, may remand the case to the Commissioner to take further evidence, and the Commissioner may thereupon make new or modified findings of fact and may modify his previous action, and shall certify to the court the transcript and record of the further proceedings. Such new or modified findings of fact shall likewise be conclusive if supported by substantial evidence. (c) The court shall have jurisdiction to affirm the action of the Commissioner or to set it aside, in whole or in part. The judgment of the court shall be subject to review by the Supreme Court of the United States upon certiorari or certification as provided in title 28, United States Code, section 1254.

�


text:
Page:United States Statutes at Large Volume 77.djvu/403

 77 STAT. ]

PUBLIC LAW 88-204-DEC. 16, 1963

TITLE II—GRANTS FOR CONSTRUCTION O F GRADUATE ACADEMIC FACILITIES APPROPRIATIONS

AUTHORIZED

SEC. 201. I n order to increase the supply of highly qualified personnel critically needed by the community, industry, government, research, and teaching, the Commissioner shall, during the fiscal year ending June 30, 1964, and each of the four succeeding fiscal years, make construction grants to assist institutions of higher education to improve existing graduate schools and cooperative graduate centers, and to assist in the establishment of graduate schools and cooperative graduate centers of excellence. For the purpose of making grants under this title, there is hereby authorized to be appropiated the sum of $25,000,000 for the fiscal year ending June 30, 1964, and the sum of $60,000,000 each for the fiscal year ending June 30, 1965, and the succeeding fiscal year; but for the fiscal year ending June 30, 1967, and the succeeding fiscal year, only such sums may be appropriated as the Congress may hereafter authorize by law. Sums so appropriated for the fiscal year ending June 30, 1964, shall remain available for grants under this title until the end of the next succeeding fiscal year. GRANTS

-3"

SEC. 202. (a) Grants under this title may be made to institutions of higher education and to cooperative graduate center boards to assist them to meet the development costs for projects for constiTiction of academic facilities for graduate schools and cooperative graduate centers. Such grants may be made only upon application therefor at such time or times, in such manner, and containing or accompanied by such information as the Commissioner finds necessary to determine eligibility for the grants and the amounts thereof. (b) Grants under this title for construction of academic facilities may not exceed 33i/^ per centum of the development cost of any such construction project. (c)(1) The Commissioner shall not approve any application for a grant under this title without the advice of the Advisory Committee established under section 203. (2) I n determining whether to approve applications for grants under this title, the order in which to approve such applications, and the amount of the grants, the Commissioner shall give consideration to the extent to which such projects will contribute to achieving the objectives of this title and also the extent to which they will aid in attaining a wider distribution throughout the United States of graduate schools and cooperative graduate centers. (d) Notwithstanding the other provisions of this title the total of the payments from the appropriations for any fiscal year under this title made with respect to projects in any State may not exceed an amount equal to 1 2 ^ per centum of such appropriation. ADVISORY COMMITTEE

SEC. 203. (a) There is hereby established in the Office of Education an Advisory Committee on Graduate Education, consisting of the Commissioner, who shall be Chairman; one representative from the Office of Science and Technology in the Executive Office of the President; one from the National Science Foundation; and eight members appointed, without regard to the civil service laws, by the Commissioner with the approval of the Secretary of Health, Education, and Welfare. Such appointed members shall be selected from leading

371

�


text:
Page:United States Statutes at Large Volume 77.djvu/404

 372

60 Stat. 808; '"'^ " "

75 Stat. 340.

PUBLIC LAW 88-204-DEC. 16, 1963

[77 STAT.

authorities in the field of education, at least three of whom shall be from the field of the humanities, with at least one of these three from a graduate school of education. (b) The Advisory Committee shall advise the Commissioner (1) on the action to be taken with regard to each application for a grant under this title, and (2) in the preparation of general regulations and with respect to policy matters arising in the administration of this title, including the development of criteria for approval of applications thereunder. The Advisory Committee may appoint such special advisory and technical experts and consultants as may be useful in carrying out its functions. (c) Members of the Advisory Committee and special advisory and technical experts and consultants appointed pursuant to subsection (b) shall, while serving on the business of the Advisory Committee, be entitled to receive compensation at rates fixed by the Secretary of Health, Education, and Welfare, but not exceeding $75 per day, including travel time; and, while so serving away from their homes or regular places of business, they may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5 of the Administrative Expenses Act of 1946 (5 U.S.C. 73b-2) for persons in the Government service employed intermittently. TITLE III—LOANS FOR CONSTRUCTION OF ACADEMIC FACILITIES LENDING AUTHORITY

SEC. 301. The Commissioner may, in accordance with the provisions of this title, make loans to institutions of higher education or to higher education building agencies for construction of academic facilities. LOAN L I M I T FOR A N Y

STATE

SEC. 302. Not more than 12i/^ per centum of the funds provided for in this title in the form of loans shall be used for loans to institutions of higher education or higher education building agencies within any one State. ELIGIBILITY CONDITIONS, AMOUNTS, A N D TERMS OF LOANS

SEC. 303. (a) No loan pursuant to this title shall be made unless the Commissioner finds (1) that not less than one-fourth of the development cost of the facility will be financed from non-Federal sources, (2) that the applicant is unable to secure the amount of such loan from other sources upon terms and conditions equally as favorable as the terms and conditions applicable to loans under this title, and (3) that the construction will oe undertaken in an economical manner and that it will not be of elaborate or extravagant design or materials. (b) A loan pursuant to this title shall be secured in such manner, and shall be repaid within such period not exceeding fifty years, as may be determmed by the Commissioner; and shall bear interest at a rate determined by the Commissioner which shall not be less than a per annum rate that is one-quarter of 1 percentage point above the average annual interest rate on all interest-bearing obligations of the United States forming a part of the public debt as computed at the end of the preceding fiscal year, adjusted to the nearest one-eighth of 1 per centum. (c) The Commissioner shall, during the fiscal year ending June 30, 1964, and each of the four succeeding fiscal years, make loans to insti-

�


text:
Page:United States Statutes at Large Volume 77.djvu/405

 77 STAT. 1

PUBLIC LAW 88^204-DEC. 16, 1963

373

tutions of higher education for the construction of academic facilities in accordance with the provisions of this title. For the purpose of making loans under this title, there is hereby authorized to be appropriated the sum of $120,000,000 for the fiscal year ending June 30, 1964, and each of the two succeeding fiscal years; but for the fiscal year ending June 30, 1967, and the succeeding fiscal year, only such sums may be appropriated as the (Congress may hereafter authorize by law. I n addition to the sums authorized to be appropriated under the preceding sentence, there is hereby authorized to be appropriated for the fiscal year ending June 30, 1965, and the succeeding fiscal year, for making such loans the difference (if any) between the sums authorized to be appropriated under the preceding sentence for preceding fiscal years and the aggregate of the sums which were appropriated for such preceding years under such sentence. GENERAL PROVISIONS FOR LOAN

PROGRAM

SEC. 304. (a) Such financial transactions of the Commissioner as the making of loans and vouchers approved by the Commissioner in connection with such financial transactions, except with respect to administrative expenses, shall be final and conclusive on all officers of the Government. (b) The Commissioner is authorized (1) to prescribe a schedule of fees which, in his judgment, would be adequate in the aggregate to cover necessary expenses of making inspections (including audits) and providing representatives at the site of projects in (connection with loans under this title, and (2) to condition the making of such loans on agreement by the applicant to pay such fees. For the purpose of providing such services, the Commissioner may, as authorized by section 402(b), utilize any agency, and such agency may accept reimbursement or payment for such services from such applicant or from the Commissioner, and shall, if a Federal agency, credit such amounts to the appropriation or fund against which expenditures by such agency for such services have been charged. (c) I n the performance of, and with respect to, the functions, powers, and duties vested in him by this title, the Commissioner may— (1) prescribe such rules and regulations as may be necessary to carry out the purposes of this title; (2) sue and be sued in any court of record of a State having general jurisdiction or in any district court of the United States, and such district courts shall have jurisdiction of civil actions arising under this title without regard to the amount in controversy, and any action instituted under this subsection by or against the Commissioner shall survive notwithstanding any change in the person occupying the office of Commissioner or any vacancy in such office; but no attachment, injunction, garnishment, or other similar process, mesne or final, shall be issued against the Commissioner or property under his control, and nothing herein shall be construed to except litigation arising out of activities under this title from the application of sections 507(b) and 2679 of title 28 of the United States Code and of section 367 of the Revised 62 Stat. 9io, Statutes (5 U.S.C. 316); ^8^' ^^ stat 539. (3) foreclose on any property or commence any action to protect or enforce any right conferred upon him by any law, contract, or other agreement, and bid for and purchase at any foreclosure or any other sale any property in connection with which he has made a loan pursuant to this title; and, in the event of any such acquisition (and notwithstanding any other provisions of law relating to the acquisition, handling, or disposal of real property

�