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Page:United States Statutes at Large Volume 98 Part 2.djvu/485

 PUBLIC LAW 98-426—SEPT. 28, 1984 "(A) Compensation for loss of hearing in one ear, fifty-two weeks. "(B) Compensation for loss of hearing in both ears, twohundred weeks. "(C) An audiogram shall be presumptive evidence of the amount of hearing loss sustained as of the date thereof, only if (i) such audiogram was administered by a licensed or certified audiologist or a physician who is certified in otolaryngology, (ii) such audiogram, with the report thereon, was provided to the employee at the time it was administered, and (iii) no contrary audiogram made at that time is produced. "(D) The time for filing a notice of injury, under section 12 of this Act, or a claim for compensation, under section 13 of this Act, shall not begin to run in connection with any claim for loss of hearing under this section, until the employee has received an audiogram, with the accompanying report thereon, which indicates that the employee has suffered a loss of hearing. "(E) Determinations of loss of hearing shall be made in accordance with the guides for the evaluation of permanent impairment as promulgated and modified from time to time by the American Medical Association.", (b) Section 8(c)(20) is amended by striking out "$3,500" and inserting in lieu thereof "$7,500". (c)(1) Section 8(c)(21) is amended to read as follows: "(21) Other cases: In all other cases in the class of disability, the compensation shall be 66% per centum of the difference between the average weekly wages of the employee and the employee's wageearning capacity thereafter in the same employment or otherwise, payable during the continuance of partial disability.". (2) Section 8(c) is further amended by adding at the end thereof the following new paragraph: "(23) Notwithstanding paragraphs (1) through (22), with respect to a claim for permanent partial disability for which the average weekly wages are determined under section 10(d)(2), the compensation shall be 66% per centum of such average weekly wages multiplied by the percentage of permanent impairment, as determined under the guides referred to in section 2(10), payable during the continuance of such impairment.". (d) Section 8(d) is amended by striking out paragraph (3) and redesignating paragraph (4) as paragraph (3). (e) Section 8(f) is amended— (1) by inserting before the period at the end of the second and fourth sentences of paragraph (1) the following: ", except that, in the case of an injury falling within the provisions of section 8(c)(13), the employer shall provide compensation for the lesser of such periods, (2) by inserting "(A)" after "(2)" in paragraph (2); (3) by inserting before the period at the end of such paragraph the following: ", except that the special fund shall not assume responsibility with respect to such benefits (and such payments shall not be subject to cessation) in the case of any employer who fails to comply with section 32(a)"; (4) by adding at the end of paragraph (2) the following new subparagraph: "(B) After cessation of payments for the period of weeks provided for in this subsection, the employer or carrier responsible for payment of compensation shall remain a party to the claim, retain

98 STAT. 1645

Post, p. 1648. 33 USC 913.

33 USC 908.

Post, p. 1647. Ante, p. 1639.

33 USC 932.

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Page:United States Statutes at Large Volume 98 Part 2.djvu/486

 98 STAT. 1646

Ante, p. 1639. 33 USC 944.

33 USC 908.

PUBLIC LAW 98-426—SEPT. 28, 1984

access to all records relating to the claim, and in all other respects retain all rights granted under this Act prior to cessation of such payments."; and (5) by adding at the end thereof the following new paragraph: "(3) Any request, filed after the date of enactment of the Longshore and Harbor Workers' Compensation Amendments of 1984, for apportionment of liability to the special fund established under section 44 of this Act for the payment of compensation benefits, and a statement of the grounds therefore, shall be presented to the deputy commissioner prior to the consideration of the claim by the deputy commissioner. Failure to present such request prior to such consideration shall be an absolute defense to the special fund's liability for the payment of any benefits in connection with such claim, unless the employer could not have reasonably anticipated the liability of the special fund prior to the issuance of a compensation order.'. (f) Subsection (i) of section 8 is amended to read as follows: "(i)(l) Whenever the parties to any claim for compensation under this Act, including survivors benefits, agree to a settlement, the deputy commissioner or administrative law judge shall approve the settlement within thirty days unless it is found to be inadequate or procured by duress. Such settlement may include future medical benefits if the parties so agree. No liability of any employer, carrier, or both for medical, disability, or death benefits shall be discharged unless the application for settlement is approved by the deputy commissioner or administrative law judge. If the parties to the settlement are represented by counsel, then agreements shall be deemed approved unless specifically disapproved within thirty days after submission for approval. "(2) If the deputy commissioner disapproves an application for settlement under paragraph (1), the deputy commissioner shall issue a written statement within thirty days containing the reasons for disapproval. Any party to the settlement may request a hearing before an administrative law judge in the manner prescribed by this Act. Following such hearing, the administrative law judge shall enter an order approving or rejecting the settlement. "(3) A settlement approved under this section shall discharge the liability of the employer or carrier, or both. Settlements may be agreed upon at any stage of the proceeding including after entry of a final compensation order.". (g) Such subsection (i) is further amended by adding at the end thereof the following new paragraph: "(4) The special fund shall not be liable for reimbursement of any sums paid or payable to an employee or any beneficiary under such settlement, or otherwise voluntarily paid prior to such settlement by the employer or carrier, or both.". (h) Section 8 is amended by adding at the end thereof the following new subsection: (j)(1) The employer may inform a disabled employee of his obligation to report to the employer not less than semiannually any earnings from employment or self-employment, on such forms as the Secretary shall specify in regulations. "(2) An employee who— "(A) fails to report the employee's earnings under paragraph (1) when requested, or "(B) knowingly and willfully omits or understates any part of such earnings.

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98 STAT. 1647

and who is determined by the deputy commissioner to have violated clause (A) or (B) of this paragraph, forfeits his right to compensation with respect to any period during which the employee was required to file such report. "(3) Compensation forfeited under this subsection, if already paid, shall be recovered by a deduction from the compensation payable to the employee in any amount and on such schedule as determined by the deputy commissioner.". COMPENSATION FOR DEATH

SEC. 9. (a) The matter preceding subsection (a) of section 9 is 33 USC 909. amended to read as follows: "SEC. 9. If the injury causes death, the compensation therefore shall be known as a death benefit and shall be payable in the amount and to or for the benefit of the persons following:". (b) Section 9(a) is amended by striking out "$1,000" and inserting in lieu thereof "$3,000". (c) Section 9(e) is amended to read as follows: "(e) In computing death benefits, the average weekly wages of the deceased shall not be less than the national average weekly wage as prescribed in section 6(b), but— 33 USC 906. "(1) the total weekly benefits shall not exceed the lesser of the average weekly wages of the deceased or the benefit which the deceased employee would have been eligible to receive under section 6(b)(1); and Ante, p. 1641. "(2) in the case of a claim based on death due to an occupational disease for which the time of injury (as determined under section 10(i)) occurs after the employee has retired, the total Infra. weekly benefits shall not exceed one fifty-second part of the employee's average annual earnings during the 52-week period preceding retirement.". DETERMINATION OF PAY

SEC. 10. (a)(1) Section 10(d) is amended by inserting "(1)" after "(d)" and by adding at the end thereof the following: "(2) Notwithstanding paragraph (1), with respect to any claim based on a death or disability due to an occupational disease for which the time of injury (as determined under subsection (i)) occurs— "(A) within the first year after the employee has retired, the average weekly wages shall be one fifty-second part of his average annual earnings during the 52-week period preceding retirement; or "(B) more than one year after the employee has retired, the average weekly wage shall be deemed to be the national average weekly wage (as determined by the Secretary pursuant to section 6(b)) applicable at the time of the injury.". (2) Section 10 is further amended by adding at the end thereof the following new subsection: "(i) For purposes of this section with respect to a claim for compensation for death or disability due to an occupational disease which does not immediately result in death or disability, the time of injury shall be deemed to be the date on which the employee or claimant becomes aware, or in the exercise of reasonable diligence or by reason of medical advice should have been aware, of the

33 USC 9io.

33 USC 906.

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Page:United States Statutes at Large Volume 98 Part 2.djvu/488

 98 STAT. 1648

33 USC 910. Effective date.

33 USC 906.

PUBLIC LAW 98-426—SEPT. 28, 1984

relationship between the employment, the disease, and the death or disability.". (b) Section 10(f) is amended to read as follows: "(f) Effective October 1 of each year, the compensation or death benefits payable for permanent total disability or death arising out of injuries subject to this Act shall be increased by the lesser of^ "(1) a percentage equal to the percentage (if any) by which the applicable national weekly wage for the period beginning on such October 1, as determined under section 6(b), exceeds the applicable national average weekly wage, as so determined, for the period beginning with the preceding October 1; or "(2) 5 per centum.". NOTICE OF INJURY OR DEATH

33 USC 912.

SEC. 11. (a) Section 12(a) is amended to read as follows: "SEC. 12. (a) Notice of an injury or death in respect of which compensation is payable under this Act shall be given within thirty days after the date of such injury or death, or thirty days after the employee or beneficiary is aware, or in the exercise of reasonable diligence or by reason of medical advice should have been aware, of a relationship between the injury or death and the employment, except that in the case of an occupational disease which does not immediately result in a disability or death, such notice shall be given within one year after the employee or claimant becomes aware, or in the exercise of reasonable diligence or by reason of medical advice should have been aware, of the relationship between the employment, the disease, and the death or disability. Notice shall be given (1) to the deputy commissioner in the compensation district in which the injury or death occurred, and (2) to the employer.". (b) Section 12(c) is amended by adding at the end thereof the following: "Each employer shall designate those agents or other responsible officials to receive such notice, except that the employer shall designate as its representatives individuals among first line supervisors, local plant management, and personnel office officials. Such designations shall be made in accordance with regulations prescribed by the Secretary and the employer shall notify his employees and the Secretary of such designation in a manner prescribed by the Secretary in regulations.". (c) Section 12(d) is amended— (1) by striking out "(or his agent in charge of the business in the place where the injury occurred)" and inserting in lieu thereof the following: "(or his agent or agents or other responsible official or officials designated by the employer pursuant to subsection (c))"; (2) by striking out "injury or death and" and inserting in lieu thereof "injury or death, (2)"; (3) by striking out "or (2)" and inserting in lieu thereof "or (3)"; and (4) by inserting after "the ground that" in the clause redesignated as clause (3) (by paragraph (3) of this subsection) the following: "(i) notice, while not given to a responsible official designated by the employer pursuant to subsection (c) of this section, was given to an official of the employer or the employer's insurance carrier, and that the employer or carrier was not prejudiced due to the failure to provide notice to a responsible

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Page:United States Statutes at Large Volume 98 Part 2.djvu/489

 PUBLIC LAW 98-426—SEPT. 28, 1984

98 STAT. 1649

official designated by the employer pursuant to subsection (c), or (ii)". TIME FOR FILING CLAIM BASED ON OCCUPATIONAL DISEASE

SEC. 12. Section 13(b) is amended by inserting "(1)" after "(b)" and adding at the end thereof the following: "(2) Notwithstanding the provisions of subsection (a), a claim for compensation for death or disability due to an occupational disease which does not immediately result in such death or disability shall be timely if filed within two years after the employee or claimant becomes aware, or in the exercise of reasonable diligence or by reason of medical advice should have been aware, of the relationship between the employment, the disease, and the death or disability, or within one year of the date of the last payment of compensation, whichever is later.".

33 USC 913.

PAYMENT OF COMPENSATION

SEC. 13. (a) Section 14(b) is amended by striking out "employer" and inserting in lieu thereof "employer has been notified pursuant to section 12, or the employer", (b) Section 14 is amended by striking out subsection (j) and by redesignating subsections (k) and (1) as subsections (j) arid (k), respectively.

33 USC 914.

UENS ON COMPENSATION

SEC. 14. Section 17 is amended— (1) by striking out "(b)"; (2) by striking out "entitled to compensation under this Act" and inserting in lieu thereof "covered under this Act"; and (3) by striking out "this Act, the Secretary may authorize" and inserting in lieu thereof "this Act or under a settlement, the Secretary shall authorize".

33 USC 917.

REVIEW OF COMPENSATION ORDER

S E C 15. Section 21(b) is amended— (1) by striking out "three" in paragraph (1) and inserting in lieu thereof "five"; (2) by adding the following sentence at the end of paragraph (1): "The Chairman shall have the authority, as delegated by the Secretary, to exercise all administrative functions necessary to operate the Board."; (3) by striking out "two" each place it appears in paragraph (2) and inserting in lieu thereof "three"; and (4) by adding the following new paragraph at the end thereof: "(5) Notwithstanding paragraphs (1) through (4), upon application of the Chairman of the Board, the Secretary may designate up to four Department of Labor administrative law judges to serve on the Board temporarily, for not more than one year. The Board is authorized to delegate to panels of three members any or all of the powers which the Board may exercise. Each such panel shall have no more than one temporary member. Two members shall constitute a quorum of a panel. Official adjudicative action may be taken only on the affirmative vote of at least two members of a panel. Any party aggrieved by a decision of a panel of the Board may, within thirty days after the date of entry of the decision, petition the entire

33 USC 921.

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 98 STAT. 1650

PUBLIC LAW 98-426—SEPT. 28, 1984

permanent Board for review of the panel's decision. Upon affirmative vote of the majority of the permanent members of the Board, the petition shall be granted. The Board shall amend its Rules of Practice to conform with this paragraph. Temporary members, while serving as members of the Board, shall be compensated at the same rate of compensation as regular members.". MODIFICATIONS OF AWARDS

33 USC 922.

SEC. 16. Section 22 is amended— (1) by inserting "(including an employer or carrier which has been granted relief under section 8(f))" after "party in interest"; (2) by inserting "(including a case under which payments are made pursuant to section 44(i))" after "review a compensation case"; and (3) by adding at the end thereof the following new sentence: "This section does not authorize the modification of settlements.". FEES FOR SERVICES

33 USC 928. Penalties.

SEC. 17. Section 28(e) is amended to read as follows: "(e) A person who receives a fee, gratuity, or other consideration on account of services rendered as a representative of a claimant, unless the consideration is approved by the deputy commissioner, administrative law judge, Board, or court, or who makes it a business to solicit employment for a lawyer, or for himself, with respect to a claim or award for compensation under this Act, shall, upon conviction thereof, for each offense be punished by a fine of not more than $1,000 or be imprisoned for not more than one year, or both.". REPORTS

33 USC 930.

Penalty.

SEC. 18. (a) Section 30(a) is amended— (1) by inserting after "injury" the first place it appears a comma and the following: "which causes loss of one or more shifts of work,"; and (2) by adding at the end thereof the following new sentence: "Notwithstanding the requirements of this subsection, each employer shall keep a record of each and every injury regardless of whether such injury results in the loss of one or more shifts of work.". (b) Section 30(e) is amended to read as follows: "(e) Any employer, insurance carrier, or self-insured employer who knowingly and willfully fails or refuses to send any report required by this section or knowingly or willfully makes a false statement or misrepresentation in any such report shall be subject to a civil penalty not to exceed $10,000 for each such failure, refusal, false statement, or misrepresentation.". PENALTY FOR MISREPRESENTATION—PROSECUTION OF CLAIMS

33 USC 931.

S E C 19. Section 31 is amended to read as follows: " P E N A L T Y FOR MISREPRESENTATION—PROSECUTION OF CLAIMS

"SEC. 31. (a)(1) Any claimant or representative of a claimant who knowingly and willfully makes a false statement or representation for the purpose of obtaining a benefit or payment under this Act

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 PUBLIC LAW 98-426—SEPT. 28, 1984

98 STAT. 1651

shall be guilty of a felony, and on conviction thereof shall be punished by a fine not to exceed $10,000, by imprisonment not to exceed five years, or by both. "(2) The United States attorney for the district in which the injury is alleged to have occurred shall make every reasonable effort to promptly investigate each complaint made under this subsection. "(b)(1) No representation fee of a claimant's representative shall be approved by the deputy commissioner, an administrative law judge, the Board, or a court pursuant to section 28 of this Act, if the claimant's representative is on the list of individuals who are disqualified from representing claimants under this Act maintained by the Secretary pursuant to paragraph (2) of this subsection. "(2)(A) The Secretary shall annually prepare a list of those individuals in each compensation district who have represented claimants for a fee in cases under this Act and who are not authorized to represent claimants. The names of individuals contained on the list required under this subparagraph shall be made available to employees and employers in each compensation district through posting and in such other forms as the Secretary may prescribe. "(B) Individuals shall be included on the list of those not authorized to represent claimants under this Act if the Secretary determines under this section, in accordance with the procedure provided in subsection (j) of section 7 of this Act, that such individual— "(i) has been convicted (without regard to pending appeal) of any crime in connection with the representation of a claimant under this Act or any workers' compensation statute; "(ii) has engaged in fraud in connection with the presentation of a claim under this or any workers' compensation statute, including, but not limited to, knowingly making false representations, concealing or attempting to conceal material facts with respect to a claim, or soliciting or otherwise procuring false testimony; "(iii) has been prohibited from representing claimants before any other workers' compensation agency for reasons of professional misconduct which are similar in nature to those which would be grounds for disqualification under this paragraph; or "(iv) has accepted fees for representing claimants under this Act which were not approved, or which were in excess of the amount approved pursuant to section 28. "(C) Notwithstanding subparagraph (B), no individual who is on the list required to be maintained by the Secretary pursuant to this section shall be prohibited from presenting his or her own claim or from representing without fee, a claimant who is a spouse, mother, father, sister, brother, or child of such individual. "(D) A determination under subparagraph (A) shall remain in effect for a period of not less than three years and until the Secretary finds and gives notice to the public that there is reasonable assurance that the basis for the determination will not reoccur. "(3) No employee shall be liable to pay a representation fee to any representative whose fee has been disallowed by reason of the operation of this paragraph. "(4) The Secretary shall issue such rules and regulations as are necessary to carry out this section. "(c) A person including, but not limited to, an employer, his duly authorized agent, or an employee of an insurance carrier who knowingly and willfully makes a false statement or representation for the purpose of reducing, denying, or terminating benefits to an

33 USC 928.

Post, p. 1643.

33 USC 928.

Regulations.

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Page:United States Statutes at Large Volume 98 Part 2.djvu/492

 98 STAT. 1652 33 USC 909.

PUBLIC LAW 98-426—SEPT. 28, 1984

injured employee, or his dependents pursuant to section 9 if the injury results in death, shall be punished by a fine not to exceed $10,000, by imprisonment not to exceed five years, or by both.". SECURITY FOR COMPENSATION

33 USC 932.

SEC. 20. Section 32(a)(2) is amended by inserting "based on the employer's financial condition, the employer's previous record of payments, and other relevant factors," after "in an amount determined by the commission,". COMPENSATION FOR INJURIES WHERE THIRD PERSONS ARE LIABLE

33 USC 933.

33 USC 944.

SEC. 21. (a) Section 33(b) is amended to read as follows: "(b) Acceptance of compensation under an award in a compensation order filed by the deputy commissioner, an administrative law judge, or the Board shall operate as an assignment to the employer of all rights of the person entitled to compensation to recover damages against such third person unless such person shall commence an action against such third person within six months after such acceptance. If the employer fails to commence an action against such third person within ninety days after the cause of action is assigned under this section, the right to bring such action shall revert to the person entitled to compensation. For the purpose of this subsection, the term 'award' with respect to a compensation order means a formal order issued by the deputy commissioner, an administrative law judge, or Board.". (b) Section 33(e)(2) is amended by striking out ", less one-fifth of such excess which shall belong to the employer". (c) Section 33(f) is amended— (1) by inserting "net" before "amount recovered"; and (2) by adding at the end thereof the following: "Such net amount shall be equal to the actual amount recovered less the expenses reasonably incurred by such person in respect to such proceedings (including reasonable attorneys' fees).". (d) Section 33(g) is amended to read as follows: "(g)(1) If the person entitled to compensation (or the person's representative) enters into a settlement with a third person referred to in subsection (a) for an amount less than the compensation to which the person (or the person's representative) would be entitled under this Act, the employer shall be liable for compensation as determined under subsection (f) only if written approval of the settlement is obtained from the employer and the employer's carrier, before the settlement is executed, and by the person entitled to compensation (or the person's representative). The approval shall be made on a form provided by the Secretary and shall be filed in the office of the deputy commissioner within thirty days after the settlement is entered into. "(2) If no written approval of the settlement is obtained and filed as required by paragraph (1), or if the employee fails to notify the employer of any settlement obtained from or judgment rendered against a third person, all rights to compensation and medical benefits under this Act shall be terminated, regardless of whether the employer or the employer's insurer has made payments or acknowledged entitlement to benefits under this Act. "(3) Any payments by the special fund established under section 44 shall be a lien upon the proceeds of any settlement obtained from

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98 STAT. 1653

or judgment rendered against a third person referred to under subsection (a). Notwithstanding any other provision of law, such lien shall be enforceable against such proceeds, regardless of whether the Secretary on behalf of the special fund has agreed to or has received actual notice of the settlement or judgment. "(4) Any payments by a trust fund described in section 17 shall be a lien upon the proceeds of any settlement obtained from or judgment recorded against a third person referred to under subsection (a). Such lien shall have priority over a lien under paragraph (3) of this subsection.".

33 USC 917.

PENALTY FOR FAILURE TO SECURE PAYMENT

SEC. 22. Section 38 is amended by striking out "$1,000" each place it appears in subsections (a) and (b) and inserting in lieu thereof "$10,000".

33 USC 938.

ANNUAL REPORT

SEC. 23. The Act is amended by inserting the following new section after section 41: "ANNUAL REPORT

"SEC. 42. The Secretary shall make to Congress at the beginning of each regular session, commencing at the beginning of the second regular session after the enactment of the Longshore and Harbor Workers' Compensation Act Amendments of 1984, a report of the administration of this Act for the preceding fiscal year, including a detailed statement of receipts of and expenditures from the fund established in section 44, together with such recommendations as the Secretary deems advisable.".

33 USC 942. Ante, p. 1639. 33 USC 944.

SPECIAL FUND

SEC. 24. (a) Section 44(c)(2) is amended to read as follows: "(2) At the beginning of each calendar year the Secretary shall estimate the probable expenses of the fund during that calendar year and the amount of payments required (and the schedule therefor) to maintain adequate reserves in the fund. Each carrier and self-insurer shall make payments into the fund on a prorated assessment by the Secretary determined by— "(A) computing the ratio (expressed as a percent) of (i) the carrier's or self-insured's workers' compensation payments under this Act during the preceding calendar year, to (ii) the total of such payments by all carriers and self-insureds under this Act during such year; "(B) computing the ratio (expressed as a percent) of (i) the payments under section 8(f) of this Act during the preceding calendar year which are attributable to the carrier or selfinsured, to (ii) the total of such payments during such year attributable to all carriers and self-insureds; "(C) dividing the sum of the percentages computed under subparagraphs (A) and (B) for the carrier or self-insured by two; and "(D) multiplying the percent computed under subparagraph (C) by such probable expenses of the fund (as determined under the first sentence of this paragraph).".

33 USC 944.

Ante, p. 1645.

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 98 STAT. 1654 33 USC 944.

Audit. Ante, p. 1653.

PUBLIC LAW 98-426—SEPT. 28, 1984

(b) Section 44 is further amended by striking out subsection (e) and by redesignating subsections (f) through (k) as subsections (e) through (j), respectively. (c) Section 44(h) (as redesignated pursuant to subsection (b)) is amended by inserting "and unpaid assessments" after "civil penalties". (d) Section 44(i) (as redesignated pursuant to subsection (b)) is amended— (1) in paragraph (1), by striking out "and 11", by inserting "certain" before "initial", and by striking out "which occurred prior to the effective date of this subsection"; and (2) in paragraph (4), by inserting "(e)" after "section 7". (e) Section 44(j) (as redesignated pursuant to subsection (b)) is amended to read as follows: "(j) The fund shall be audited annually and the results of such audit shall be included in the annual report required by section 42.". REPEALS

33 USC 945-947.

SEC. 25, Sections 45, 46, and 47 are repealed. DISCRIMINATION AGAINST EMPLOYEES WHO BRING PROCEEDINGS

33 USC 948a.

SEC. 26. (a) Section 49 is amended by inserting after the first sentence the following new sentence: "The discharge or refusal to employ a person who has been adjudicated to have filed a fraudulent claim for compensation is not a violation of this section.", (b) The second sentence of section 49 is amended— (1) by striking out "$100" and inserting in lieu thereof "$1,000"; and (2) by striking out "$1,000" and inserting in lieu thereof "$5,000". CONFORMING AMENDMENTS

SEC. 27. (a) The Longshoremen's and Harbor Workers' Compensation Act is further amended— (1) striking out paragraph (6) of section 2 and inserting in lieu thereof the following: "(6) The term 'Secretary' means the Secretary of Labor."; 33 USC 901 et (2) by striking out "commission" each place it appears and s«9inserting in lieu thereof "Secretary"; and (3) by striking out "commission's" and inserting in lieu thereof "Secretary's". 33 USC 918. (b) Section 18(b) is amended by striking out ", including the right of lien and priority provided for by section 17 of this Act,". 33 USC 939. (c) Section 39(a) is amended by striking out "United States Employees' Compensation Commission" and inserting in lieu thereof "Secretary". 33 USC 901. (d)(1) Section 1 is amended by striking out "Longshoremen's" and inserting in lieu thereof "Longshore". 33 USC 901 note. (2) Reference in any other statute, regulation, order, or other document to the Longshoremen's and Harbor Workers' Compensation Act shall be deemed to refer to the Longshore and Harbor Workers' Compensation Act. 33 USC 901. 33 USC 902.

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Page:Best Russian Short Stories.djvu/275

Rh affably. "I should like to ask one question—that is if it is not too indiscreet—what is your own specialty?"

"Mine . . . H'm. . . . No, how could it be an indiscretion? . . . I work the big diamond shops . . . and my other business is banks," answered the orator with a modest smile. "Don't think this occupation is easier than others. Enough that I know four European languages, German, French, English, and Italian, not to mention Polish, Ukrainian and Yiddish. But shall I show you some more experiments, Mr. Chairman?"

The chairman looked at his watch.

"Unfortunately the time is too short," he said. "Wouldn't it be better to pass on to the substance of your business? Besides, the experiments we have just seen have amply convinced us of the talent of your esteemed associates. . . . Am I not right, Isaac Abramovich?"

"Yes, yes . . . absolutely," the Karaite barrister readily confirmed.

"Admirable," the gentleman in the sandy suit kindly agreed. "My dear Count"—he turned to a blond, curly-haired man, with a face like a billiard-maker on a bank-holiday—"put your instruments away. They will not be wanted. I have only a few words more to say, gentlemen. Now that you have convinced yourselves that our art, although it does not enjoy the patronage of high-placed individuals, is nevertheless an art; and you have probably come to my opinion that this art is one which demands many personal qualities besides constant labour, danger, and unpleasant misunderstandings—you will also, I hope, believe that it is possible to become attached to its practice and to love and esteem it, however strange that may appear at first sight. Picture to yourselves that a famous poet of talent, whose tales and poems adorn the pages of our best magazines, is suddenly offered the chance of writing verses at a penny a line, signed into the bargain, as an advertisement for 'Cigarettes Jasmine'—or that a slander was spread about one of you distinguished barristers, accusing you of making a business of concocting evidence for divorce cases, or of writing petitions from the cabmen to the governor in public-houses! Certainly your relatives, friends and


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98 STAT. 1655

EFFECTIVE DATE

SEC. 28. (a) Except as otherwise provided in this section, the 33 USC 90i note. amendments made by this Act shall be effective on the date of enactment of this Act and shall apply both with respect to claims filed after such date and to claims pending on such date. (b) The amendments made by sections 7(a), 7(e), 8(f), 11(b), 11(c), and 13 shall be effective 90 days after the date of enactment of this Act and shall apply both with respect to claims filed after such 90th day and to claims pending on such 90th day. (c) The amendments made by sections 2(a), 3(a), 5, and 8(b) shall apply with respect to any injury after the date of enactment of this Act. (d) The amendments made by sections 6(a), 8(d), and 9 shall apply with respect to any death after the date of enactment of this Act. (e)(1) The amendments made by sections 2(c), 8(c)(l), 8(e)(4), 8(e)(5), 8(g), 10(b), 15 through 20, and 22 through 27 shall be effective on the date of enactment of this Act. (2) The amendments made by sections 7(b), 7(c), 7(d), and 8(h) shall be effective 90 days after the date of enactment of this Act. (f) The amendments made by section 6(b) shall apply with respect to any injury, disability, or death after the date of enactment of this Act. (g) For the purpose of this section— (1) in the case of an occupational disease which does not immediately result in a disability or death, an injury shall be deemed to arise on the date on which the employee or claimant becomes aware, or in the exercise of reasonable diligence or by reason of medical advice should have been aware, of the disease; and (2) the term "disability" has the meaning given such term by section 2(10) of the Act as amended by this Act. Ante, p. 1639. (h)(1) The amendments made by section 7 of this Act shall not 33 USC 907 note. apply to claims filed under the Black Lung Benefits Act (30 U.S.C. 901 et seq.). (2) Section 422(a) of the Black Lung Benefits Act is amended by 30 USC 932. striking out "During" and inserting in lieu thereof "Subject to section 28(h)(1) of the Longshore and Harbor Workers' Compensation Act Amendments of 1984, during". Approved September 28, 1984.

LEGISLATIVE HISTORY—S. 38: HOUSE REPORTS: No. 98-570 and Part 2 (Comm. on Education and Labor) and No. 98-1027 (Comm. of Conference). SENATE REPORT No. 98-81 (Comm. on Labor and Human Resources). CONGRESSIONAL RECORD: Vol. 129 (1983): June 16, considered and passed Senate. Vol. 130 (1984): Apr. 9, 10, considered and passed House, amended. Sept. 18, House agreed to conference report. Sept. 20, Senate agreed to conference report. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 20, No. 39 (1984): Sept. 28, Presidential statement.

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text: Author:Jacob Moleschott

title: Author:Jacob Moleschott


text:
Page:United States Statutes at Large Volume 98 Part 2.djvu/496

 98 STAT. 1656

PUBLIC LAW 98-427—SEPT. 28, 1984

Public Law 98-427 98th Congress

An Act Sept. 28, 1984 [S. 2418]

Public buildings and grounds. 2 USC 176 note.

2 USC 176.

Appropriation authorization. 2 USC 176 note.

To authorize and direct the Librarian of Congress, subject to the supervision and authority of a Federal, civilian, or military agency, to proceed with the construction of the Library of Congress Mass Book Deacidiflcation Facility, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Librarian of Congress is authorized and directed, subject to the supervision and construction authority of a Federal civilian or military agency, to construct the Library of Congress Mass Book Deacidiflcation Facility in accordance with the general design developed by the Library of Congress and reviewed by the Architect of the Capitol, as set forth in the document entitled "Library of Congress Mass Book Deacidiflcation Facility, Engineering, Design, and Cost Estimate and Drawings", dated December 1983. Such facility shall be constructed on Federal property within seventy-five miles of the United States Capitol Building. SEC. 2. Notwithstanding any other provision of law, the Librarian of Congress shall equip, furnish, operate, and maintain the Library of Congress Mass Book Deacidiflcation Facility. SEC. 3. There are authorized to be appropriated for fiscal years beginning after September 30, 1983, sums not to exceed $11,500,000 to carry out the provisions of this Act. Approved September 28, 1984.

LEGISLATIVE HISTORY—S. 2418 (H.R. 5607): HOUSE REPORT No. 98-938 accompanying H.R. 5607 (Comm. on Public Works and Transportation). SENATE REPORT No. 98-429 (Comm. on Rules and Administration). CONGRESSIONAL RECORD, Vol. 130 (1984): May 18, considered and passed Senate. Sept. 11, H.R. 5607 considered and passed House; S. 2418, amended, passed in lieu. Sept. 17, Senate concurred in House amendment.

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Page:United States Statutes at Large Volume 98 Part 2.djvu/497

 PUBLIC LAW 98-428—SEPT. 28, 1984

STAT. 1657

P u b l i c Law 98- •428 98th Congress

An Act To designate certain national forest system lands in the State of Utah for inclusion in the National Wilderness Preservation System to release other forest lands for multiple use management, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Utah Wilderness Act of 1984". TITLE I-FINDINGS, PURPOSES, AND WILDERNESS DESIGNATION SEC. 101. (a) The Congress finds that— (1) many areas of undeveloped national forest system lands in the State of Utah possess outstanding natural characteristics which give them high values as wilderness and will, if properly preserved, contribute as an enduring resource of wilderness for the benefit of the American people; (2) review and evaluation of roadless and undeveloped lands in the national forest system in Utah have identified those areas which, on the basis of their landform, ecosystem, associated wildlife, and location, will help to fulfill the national forest system's share of a quality National Wilderness Preservation System; and (3) review and evaluation of roadless and undeveloped lands in the national forest system in Utah have also identified those areas which do not possess outstanding wilderness attributes or which possess outstanding energy, mineral, timber, grazing, dispersed recreation, or other values and which should not be designated as components of the National Wilderness Preservation System but should be available for nonwilderness multiple uses under the land management planning process, other applicable laws and the provisions of this Act. (b) The purposes of this Act are to— (1) designate certain national forest system lands in Utah as components of the National Wilderness Preservation System in order to preserve the wilderness character of the land and to protect watersheds and wildlife habitat, preserve scenic and historic resources, and promote scientific research, primitive recreation, solitude, physical and mental challenge, and inspiration for the benefit of all of the American people; and (2) insure that certain other national forest system lands in the State of Utah be available for nonwilderness multiple uses. SEC. 102. (a) In furtherance of the purpose of the Wilderness Act (78 Stat. 890), the following national forest system lands in the State of Utah are hereby designated as wilderness, and, therefore, as components of the National Wilderness Preservation System: (1) certain lands in the Wasatch-Cache National Forest which comprise approximately forty-four thousand three hundred and fifty acres, as generally depicted on a map entitled, "Mt. Naomi

Sept^28, 1984 [S. 2155]

Utah Wilderness Act of 1984. National Wilderness Preservation System. National Forest System.

16 USC 1131 note. 16 USC 1132 note.

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Page:United States Statutes at Large Volume 98 Part 2.djvu/498

 98 STAT. 1658

16 USC 1132 note.

16 USC 1132 note.

16 USC 1132 note.

16 USC 1132 note.

16 USC 1132 note.

16 USC 1132 note.

16 USC 1132 note.

16 USC 1132 note.

16 USC 1132 note.

16 USC 1132 note.

16 USC 1132 note.

PUBLIC LAW 98-428—SEPT. 28, 1984 Wilderness—Proposed", dated June 1984, and which shall be known as the Mount Naomi Wilderness; (2) certain lands in the Wasatch-Cache National Forest which comprise approximately twenty-three thousand eight hundred and fifty acres as generally depicted on a map entitled "Wellsville Mountain Wilderness—Proposed", dated November 1983, and which shall be known as the Wellsville Mountain Wilderness; (3) certain lands in the Wasatch-Cache National Forest which comprise approximately sixteen thousand acres as generally depicted on a map entitled "Mt. Olympus Wilderness—Proposed", dated August 1984, and which shall be known as the Mount Olympus Wilderness; (4) certain lands in the Wasatch-Cache National Forest which comprise approximately thirteen thousand one hundred acres as generally depicted on a map entitled "Twin Peaks Wilderness—Proposed", dated June 1984, and which shall be known as the Twin Peaks Wilderness; (5) certain lands in the Wasatch-Cache and Ashley National Forests which comprise approximately four hundred and sixty thousand acres as generally depicted on a map entitled "High Uintas Wilderness—Proposed", dated June 1984, and which shall be known as the High Uintas Wilderness; (6) certain lands in the Uinta National Forest which comprise approximately ten thousand seven hundred and fifty acres as generally depicted on a map entitled "Mt. Timpanogos Wilderness—Proposed", dated November 1983, and which shall be known as the Mount Timpanogos Wilderness; (7) certain lands in the Uinta National Forest which comprise approximately twenty-eight thousand acres as generally depicted on a map entitled "Mt. Nebo Wilderness—Proposed", dated June 1984, and which shall be known as the Mount Nebo Wilderness; (8) certain lands in the Manti-LaSal National Forest which comprise approximately forty-five thousand acres as generally depicted on a map entitled "Dark Canyon Wilderness—Proposed", dated November 1983, and which shall be known as the Dark Canyon Wilderness; (9) certain lands in the Dixie National Forest which comprise approximately seven thousand acres as generally depicted on a map entitled "Ashdown Gorge Wilderness—Proposed", dated November 1983, and which shall be known as the Ashdown Gorge Wilderness; (10) certain lands in the Dixie National Forest which comprise approximately twenty-six thousand acres as generally depicted on a map entitled "Box-Death Hollow Wilderness—Proposed", dated June 1984, and which shall be known as the Box-Death Hollow Wilderness; (11) certain lands in the Dixie National Forest which comprise approximately fifty thousand acres as generally depicted on a map entitled "Pine Valley Mountain Wilderness—Proposed", dated June 1984, and which shall be known as the Pine Valley Mountain Wilderness; and (12) certain lands in the Wasatch National Forest which comprise approximately twenty-five thousand five hundred acres as generally depicted on a map entitled "Deseret Peak

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Page:United States Statutes at Large Volume 98 Part 2.djvu/499

 PUBLIC LAW 98-428—SEPT. 28, 1984

98 STAT. 1659

Wilderness—Proposed", dated June 1984, and which shall be known as the Deseret Peak Wilderness. (b) The previous classifications are hereby abolished: the Mount Timpanogos Scenic Area and the High Uintas Primitive Area. SEC. 103. (a) As soon as practicable after the enactment of this Act, the Secretary of Agriculture shall file the maps referred to in this Act and a legal description of each wilderness area designated by this Act with the Committee on Energy and Natural Resources of the United States Senate and the Committee on Interior and Insular Affairs of the House of Representatives, and each such map and legal description shall have the same force and effect as if included in this Act: Provided, however, That correction of clerical and typographical errors in such legal descriptions and maps may be made. Each such map and legal description shall be on file and available for public inspection in the office of the Chief of the Forest Service, Department of Agriculture. (b) Subject to valid existing rights, each wilderness area designated by this Act shall be administered by the Secretary of Agriculture in accordance with the provisions of the Wilderness Act of 1964 (78 Stat. 892) governing areas designated by that Act as wilderness areas, except that, with respect to any area designated in this Act, any reference in such provisions to the effective date of the Wilderness Act of 1964 shall be deemed to be a reference to the effective date of this Act.

Public availability.

16 USC 1131 note.

TITLE II—RELEASE OF LANDS FOR NONWILDERNESS USES SEC. 201. (a) The Congress finds that— Conservation. (1) the Department of Agriculture has completed the second roadless area review and evaluation program (RARE II); (2) the Congress has made its own review and examination of national forest system roadless areas in Utah and of the environmental impacts associated with alternative allocations of such areas. (b) On the basis of such review, the Congress hereby determines and directs that— (1) without passing on the question of the legal and factual sufficiency of the RARE II final environmental statement (dated January 1979) with respect to national forest lands in States other than Utah, such statement shall not be subject to judicial review with respect to national forest system lands in the State of Utah; (2) with respect to the national forest system lands in the State of Utah which were reviewed by the Department of Agriculture in the second roadless area review and evaluation (RARE II) and those lands referred to in subsection (d), that review and evaluation or reference shall be deemed for the purposes of the initial land management plans required for such lands by the Forest and Rangeland Renewable Resources Planning Act of 1974, as amended by the National Forest Management Act of 1976, to be an adequate consideration of the 16 USC 1600 suitability of such lands for inclusion in the National Wilder- note. ness Preservation System and the Department of Agriculture shall not be required to review the wilderness option prior to the revisions of the plans, but shall review the wilderness option when the plans are revised, which revisions will ordinarily occur on a ten-year cycle, or at least every fifteen years, unless,

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Page:United States Statutes at Large Volume 98 Part 2.djvu/500

 98 STAT. 1660

16 USC 1604.

16 USC 1600 note.

16 USC 1604.

PUBLIC LAW 98-428—SEPT. 28, 1984

prior to such time the Secretary finds that conditions in a unit have significantly changed; (3) areas in the State of Utah reviewed in such final environmental statement or referenced in subsection (d) and not designated wilderness upon enactment of this Act shall be managed for multiple use in accordance with land management plans pursuant to section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974, as amended by the National Forest Management Act of 1976: Provided, That such areas need not be managed for the purpose of protecting their suitability for wilderness designation prior to or during revision of the initial land management plan; (4) in the event that revised land management plans in the State of Utah are implemented pursuant to section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974, as amended by the National Forest Management Act of 1976, and other applicable law, areas not recommended for wilderness designation need not be managed for the purpose of protecting their suitability for wilderness designation prior to or during revision of such plans, and areas recommended for wilderness designation shall be managed for the purpose of protecting their suitability for wilderness designation as may be required by the Forest and Rangeland Renewable Resources Planning Act of 1974, as amended by the National Forest Management Act of 1976, and other applicable law; and (5) unless expressly authorized by Congress, Department of Agriculture shall not conduct any further statewide roadless area review and evaluation of national forest system lands in the State of Utah for the purpose of determining their suitability for inclusion in the National Wilderness Preservation System. (c) As used in this section, and as provided in section 6 of the Forest and Rangeland Renewable Planning Act of 1974, as amended by the National Forest Management Act of 1976, the term "revision" shall not include an "amendment" to a plan. (d) The provisions of this section shall also apply to— (1) those national forest system roadless areas in the State of Utah which were evaluated in any unit plan or which are being managed pursuant to a multiple use plan; and (2) national forest system roadless lands in the State of Utah which are less than five thousand acres in size. TITLE III—MISCELLANEOUS PROVISIONS GRAZING IN WILDERNESS AREAS

Livestock.

SEC. 301. (a) Grazing of livestock in wilderness areas established by this Act, where established prior to the date of the enactment of this Act, shall be administered in accordance with section 4(d)(4) of 16 USC 1133 and the Wilderness Act and section 108 of Public Law 96-560. note. (b) The Secretary is directed to review all policies, practices, and regulations of the Department of Agriculture regarding livestock grazing in national forest system wilderness areas in Utah in order to insure that such policies, practices, and regulations fully conform with and implement the intent of Congress regarding grazing in such areas, as such intent is expressed in this Act.

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 PUBLIC LAW 98-428—SEPT. 28, 1984 (c) Not later than one year after the date of the enactment of this Act, and at least every five years thereafter, the Secretary of Agriculture shall submit to the Committee on Interior and Insular Affairs of the United States House of Representatives and to the Committee on Energy and Natural Resources of the United States Senate a report detailing the progress made by the Forest Service in carrying out the provisions of paragraphs (a) and (b) of this section.

98 STAT. 1661 Report.

STATE WATER ALLOCATION AUTHORITY

SEC. 302. (a) As provided in section 4(d)(7) of the Wilderness Act of 1964, nothing in this Act shall constitute an express or implied claim or denial on the part of the Federal Government as to the exemption from Utah water laws. (b) Within the Mount Naomi, Wellsville Mountain, Mount Olympus, Twin Peaks, High Uintas, Mount Nebo, Pine Valley Mountain, Deseret Peak, Mount Timpanogos, and Ashdown Gorge Wilderness areas as designated by this Act, the Forest Service is directed to utilize whatever sanitary facilities are necessary, including but not limited to vault toilets which may require service by helicopter, to insure the continued health and safety of the communities serviced by the watersheds in such wilderness areas in the State of Utah; furthermore, nothing in this Act shall be construed to limit motorized access and road maintenance by local municipalities for those minimum maintenance activities necessary to guarantee the continued viability of whatsoever watershed facilities currently exist or which may be necessary in the future to prevent the degradation of the water supply in such wilderness areas within the State of Utah, subject to such reasonable regulations as are deemed necessary by the Secretary of Agriculture. (c) As provided in section 4(d)(8) of the Wilderness Act of 1964, nothing in this Act shall be construed as affecting the jurisdiction or responsibilities of the State of Utah with respect to wildlife and fish in the national forests in Utah.

16 USC 1133.

PROHIBITION ON BUFFER ZONES

SEC. 303. Congress does not intend that designation of wilderness areas in the State of Utah lead to the creation of protective perimeters or buffer zones around any wilderness area. The fact that nonwilderness activities or uses can be seen or heard from areas within the wilderness shall not, of itself, preclude such activities or uses up to the boundary of the wilderness area. MINERAL RESOURCES

SEC. 304. In furtherance of section 4(d)(2) of the Wilderness Act and the policies of the National Materials and Minerals Policy, Research and Development Act (94 Stat. 2305), the Secretary of the Interior shall continue to make assessments of the mineral potential of national forest wilderness areas in the State of Utah, on a recurring basis, consistent with the concept of wilderness preservation, in order to expand the data base with respect to the mineral potential of such lands. SEC. 305. Within the Mount Naomi, Wellsville Mountain, Mount Olympus, Mount Nebo, Twin Peaks, High Uintas, Pine Valley Mountain, Mount Timpanogos, and Deseret Peak Wilderness areas as

30 USC 1601 "ote.

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Page:United States Statutes at Large Volume 98 Part 2.djvu/502

 STAT. 1662

PUBLIC LAW 98-428—SEPT. 28, 1984

designated by this Act the provisions of the Wilderness Act shall not be construed to prevent the installation and maintenance of hydrologic, meteorologic, climatological, or telecommunications facilities, or any combination of the foregoing, or limited motorized access to such facilities when nonmotorized access means are not reasonably available or when time is of the essence, subject to such conditions as the Secretary of Agriculture and the Secretary of the Interior deem desirable, where such facilities or access are essential to flood warning, flood control, and water reservoir operation purposes. SEC. 306. (a) Certain lands adjacent to the Box-Death Hollow Wilderness as designated in section 102 of this Act, and generally depicted as the "Antone Bench Area" and Areas 2, 3, 4, and 5 on a map entitled "Box-Death Hollow Wilderness—Proposed", dated June 1984, shall, subject to valid existing rights and until Congress determines otherwise, be managed in accordance with the following provisions: (1) all lands within the Areas are hereby withdrawn from all forms of appropriation under the mining laws and from disposition under all laws pertaining to mineral and geothermal leasing and all amendments thereto, except that the Secretary of the Interior is hereby authorized to issue competitive leases for carbon dioxide within the Areas for a period of five years from the date of enactment of this Act; (2) a lease issued for carbon dioxide in the Area shall be for a period of ten years and for so long thereafter as carbon dioxide is produced annually in commercial quantities from that lease: Provided, That an area covered by a lease shall be withdrawn from further carbon dioxide leasing or lease extension in the event production in commercial quantities from the lease is not occurring within ten years of the date of issuance of the lease; and (3) exploration in the Antone Bench area shall be permitted only by helicopter or other methods which do not involve road construction or other significant surface disturbance. (b) In the event development of a lease within the Antone Bench area is proposed, the following provisions shall apply: (1) road construction shall be limited to the minimum standards necessary for proper development of the carbon dioxide resource consistent with safety requirements; (2) roads, pipelines, electric lines, buildings, compressor stations and other facilities shall, to the maximum extent practicable consistent with economic extraction of the carbon dioxide resource, be camouflaged, constructed and located in a manner that will minimize visual, noise or other intrusions in the area and in the surrounding wilderness area; (3) fill material, gravel and other material used for road and facility construction shall be obtained from outside the wilderness area; (4) road or facility construction shall be limited, to the maximum extent practicable, to seasons or periods where there will be minimum impacts on recreation or wildlife uses; (5) roads shall be used only in conjunction with carbon dioxide development operations and shall be closed to all other vehicular use, but shall be open for foot or horse travel; (6) all roads or other facilities within the area shall, when no longer needed for carbon dioxide production, be removed and reclaimed to a condition of being substantially unnoticeable;

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text: Author:James Appleton Morgan

title: Author:James Appleton Morgan


text:
Page:United States Statutes at Large Volume 98 Part 2.djvu/503

 PUBLIC LAW 98-428—SEPT. 28, 1984

98 STAT. 1663

(7) all waste, debris or other by-products associated with road construction, carbon dioxide production, or other development activities shall be disposed of outside the Antone Bench area and the Box-Death Hollow Wilderness; and (8) consistent with State and Federal law no activities shall be allowed within the area which could significantly impair water quality or quantity in the Box-Death Hollow Wilderness and adjacent wilderness or wilderness study areas. Approved September 28, 1984.

LEGISLATIVE HISTORY—S. 2155: HOUSE REPORT No. 98-1019, Pt. 1 (Comm. on Interior and Insular Affairs). SENATE REPORT No. 98-581 (Comm. on Energy and Natural Resources). CONGRESSIONAL RECORD, Vol. 130 (1984): Aug. 9, considered and passed Senate. Sept. 17, considered and passed House.

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Page:United States Statutes at Large Volume 98 Part 2.djvu/504

 98 STAT. 1664

PUBLIC LAW 98-429—SEPT. 28, 1984

Public Law 98-429 98th Congress Joint Resolution Sept. 28, 1984 [S.J. Res. 336]

To proclaim October 23, 1984, as "A Time of Remembrance" for all victims of terrorism throughout the world.

Whereas the problem of terrorism has become an international concern that knows no boundaries—religious, racial, political, or national; Whereas thousands of men, women, and children have died at the hands of terrorists in nations around the world, and today terrorism continues to claim the lives of many peace-loving individuals; Whereas October 23, 1983, is the date on which the largest number of Americans were killed in a single act of terrorism—the bombing of the United States compound in Beirut, Lebanon, in which two hundred and forty-one United States servicemen lost their lives; Whereas many of these victims died defending ideals of peace and freedom; and Whereas it is appropriate to honor all victims of terrorism, and in America to console the families of victims, and to cherish the freedom that their sacrifices make possible for all Americans: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled. That October 23, 1984, be proclaimed as "A Time of Remembrance", to urge all Americans to take time to reflect on the sacrifices that have been made in the pursuit of peace and freedom, and to promote active participation by the American people through the wearing of a purple ribbon, a symbol of patriotism, dignity, loyalty, and martyrdom. The President is authorized and requested to issue a proclamation calling upon the departments and agencies of the United States and interested organizations, groups, and individuals to fly United States flags at half staff throughout the world in the hope that the desire for peace and freedom take firm root in every person and every nation. Approved September 28, 1984.

LEGISLATIVE HISTORY—S.J. Res. 336: CONGRESSIONAL RECORD, Vol. 130 (1984): Aug. 10, considered and passed Senate. Sept. 12, considered and passed House.

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 PUBLIC LAW 98-430—SEPT. 28, 1984

Public Law 98-430 98th Congress

98 STAT. 1665

An Act

To designate components of the National Wilderness Preservation System in the State of Florida.

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 "Florida Wilderness Act of 1983". WILDERNESS DESIGNATION SECTION 1. In furtherance of the purposes of the Wilderness Act (16 U.S.C. 1131 et seq.) the following lands are hereby designated as wilderness, and therefore, as components of the National Wilderness Preservation System— (1) certain lands in the Apalachicola National Forest, Florida, which comprise approximately one thousand one hundred and seventy acres, are generally depicted on a map entitled "Bradwell Bay Wilderness Addition—Proposed", dated February 1980, and which are hereby incorporated in and shall be deemed a part of, the Bradwell Bay Wilderness as designated by Public Law 93-622; (2) certain lands in the Apalachicola National Forest, Florida, which comprise approximately seven thousand eight hundred acres, are generally depicted on a map entitled "Mud Swamp/ New River Wilderness—Proposed", dated February 1980, and shall be known as the Mud Swamp/New River Wilderness; (3) certain lands in the Osceola National Forest, Florida, which comprise approximately thirteen thousand six hundred acres, as generally depicted on a map entitled "Big Gum Swamp Wilderness—Proposed", dated March 1980, and shall be known as the Big Gum Swamp Wilderness; (4) certain lands in the Ocala National Forest, Florida, which comprise approximately seven thousand seven hundred acres, as generally depicted on a map entitled "Alexander Springs & Billies Bay Wilderness—Proposed", dated March 1980, and shall be known as the Alexander Springs Wilderness: Provided, however, That the Secretary of Agriculture shall not prohibit existing motorboat use on Alexander Springs Creek; (5) certain lands in the Ocala National Forest, Florida, which comprise approximately thirteen thousand two hundred and sixty acres, as generally depicted on a map entitled "Juniper Prairie Wilderness—Proposed", dated November 1981, and shall be known as the Juniper Prairie Wilderness; (6) certain lands in the Ocala National Forest, Florida, which comprise approximately two thousand five hundred acres, as generally depicted on a map entitled "Little Lake George Wilderness—Proposed", dated March 1980, and shall be known as the Little Lake George Wilderness; and (7) certain lands in the Ocala National Forest, Florida, which comprise approximately three thousand one hundred and

Sept. 28, 1984 [H.R. 9] Florida Wilderness Act of 1983. National Wilderness Preservation System. National Forest System.

88 Stat. 2096. 16 USC 1132 note.

16 USC 1132 note.

16 USC 1132 note.

Prohibition.

16 USC 1132 note.

16 USC 1132 note.

16 USC 1132 note.

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 98 STAT. 1666

PUBLIC LAW 98-430—SEPT. 28, 1984 twenty acres, as generally depicted on a map entitled "Alexander Springs and Billies Bay Wilderness—Proposed", dated March 1980, and shall be known as the Billies Bay Wilderness. WILDERNESS STUDY AREAS

16 USC 1131 note. Report. President of U.S.

SEC. 2. (a) In furtherance of the purposes of the Wilderness Act, the following lands shall be reviewed by the Secretary of Agriculture as to their suitability for preservation as wilderness. The Secretary shall submit his report and findings to the President, and the President shall submit his recommendation to the Congress of the United States no later than three years from the date of enactment of this Act: (1) certain lands in Apalachicola National Forest, Florida, which comprise approximately six thousand five hundred acres, as generally depicted on a map entitled "Clear Lake Wilderness Study Area", dated April 1984, and shall be known as the Clear Lake Wilderness Study Area; and (2) certain lands in the Osceola National Forest, Florida, which comprise approximately four thousand four hundred acres, as generally depicted on a map entitled "Natural Area Wilderness Study Area", dated April 1984, and shall be known as the Natural Area Wilderness Study Area. (b) Subject to valid existing rights, the wilderness study areas designated by this section shall, until Congress determines otherwise, be administered by the Secretary of Agriculture so as to maintain their presently existing wilderness character and potential for inclusion in the National Wilderness Preservation System. MAPS AND DESCRIPTIONS

Public availability.

SEC. 3. As soon as practicable after the provisions of section 1 of this Act take effect, the Secretary of Agriculture shall file maps and legal descriptions of each wilderness area designated by such section with the Committee on Interior and Insular Affairs and the Committee on Agriculture of the House of Representatives and the Committee on Energy and Natural Resources of the United States Senate, and each such map and legal description shall have the same force and effect as if included in this Act: Provided, however, That correction of clerical and typographical errors in such legal descriptions and maps may be made. Each such map and legal description shall be on file and available for public inspection in the office of the Chief, United States Forest Service, Department of Agriculture. ADMINISTRATION OF WILDERNESS

16 USC 1131 note.

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

Phosphate.

SEC. 5. (1) The Department of the Interior shall not issue phosphate leases in the Osceola National Forest, Florida, unless and

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 PUBLIC LAW 98-430—SEPT. 28, 1984

98 STAT. 1667

until the President transmits a recommendation to the Congress that phosphate leasing be permitted in a specified area in the Osceola National Forest. Notice of such transmittal shall be published in the Federal Register. No recommendation of the President under this section may be transmitted to the Congress before ninety days after publication in the Federal Register of notice of his intention to submit such recommendation. (2) FINDINGS.—A recommendation may be transmitted to the Congress under paragraph (1) if the President finds that, based on the information available to him— (i) there is a clear and present national need for the phosphate resulting from a domestic shortage of phosphate reserves, and (ii) such national need outweighs the overall public values of the public lands involved, including the wilderness area designated in section 1(3) of this Act and any adverse environmental impacts which are likely to result from the activity. (3) REPORT.—Together with his recommendation, the President shall submit to the Congress— (i) a report setting forth in detail the relevant factual background and the reasons for his findings and recommendation; (ii) a statement of the conditions and stipulations which would govern the activity; and (iii) in any case in which an environmental impact statement is required under the National Environmental Policy Act of 1969, a statement which complies with the requirements of section 102(2)(C) of such Act. In the case of any recommendation for which an environmental impact statement is not required under section 102(2)(C) of the National Environmental Policy Act of 1969, the President may, if he deems it desirable, include such a statement in his transmittal to the Congress. (4) APPROVAL.—Any recommendation under this section shall take effect only upon enactment of a joint resolution of Congress approving such a recommendation.

Federal Register, publication. Prohibition.

President of U.S.

42 USC 4321 note. 42 USC 4332.

Effective date.

WILDERNESS REVIEW CONCERNS

SEC. 6. (a) The Congress finds that— (1) the Department of Agriculture has completed the second roadless area review and evaluation program (RARE II); (2) the Congress has made its own review and examination of National Forest System roadless areas in Florida and of the environmental impacts associated with alternative allocations of such areas. (b) On the basis of such review, the Congress hereby determines and directs that— (1) without passing on the question of the legal and factual sufficiency of the RARE II final environmental statement (dated January 1979) with respect to National Forest System lands in States other than Florida, such statement shall not be subject to judicial review with respect to National Forest System lands in the State of Florida; (2) with respect to the National Forest System lands in the State of Florida which were reviewed by the Department of Agriculture in the second roadless area review and evaluation (RARE II) and those lands referred to in subsection (d), except those lands remaining in wilderness study upon enactment of

conservation.

Congress.

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 98 STAT. 1668

16 USC 1600 ^^'fio^ 1 nr.^ 16 USC 1600 note.

16 USC 1604.

16 USC 1600 note. 1^ Y^c 1600

note.

16 USC 1604.

PUBLIC LAW 98-430—SEPT. 28, 1984

this Act, that review and evaluation of reference shall be deemed for the purpose of the initial land management plans required for such lands by the Forest and Rangeland Renewable Resources Planning Act of 1974, as amended by the National Forest Management Act of 1976, to be an adequate consideration of the suitability of such lands for inclusion in the National Wilderness Preservation System and the Department of Agriculture shall not be required to review the wilderness option prior to the revisions of the plans, but shall review the wilderness option when the plans are revised, which revisions will ordinarily occur on a ten-year cycle, or at least every fifteen years, unless, prior to such time the Secretary finds that conditions in a unit have significantly changed; (3) areas in the State of Florida reviewed in such final environmental statement or referenced in subsection (d) and not designated wilderness or wilderness study upon enactment of this Act shall be managed for multiple use in accordance with land management plans pursuant to section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974, as amended by the National Forest Management Act of 1976: Provided, That such areas need not be managed for the purpose of protecting their suitability for wilderness designation prior to or during revision of the initial land management plans; (4) in the event that revised land management plans in the State of Florida are implemented pursuant to section 6 of the Forest and Rangeland Renewable Management Act of 1976, and other applicable law, areas not recommended for wilderness designation need not be managed for the purpose of protecting their suitability for wilderness designation prior to or during revision of such plans, and areas recommended for wilderness designation shall be managed for the purpose of protecting their suitability for wilderness designation as may be required by the Forest and Rangeland Renewable Resources Planning Act of 1974, as simended by the National Forest Management Act of 1976, and other applicable law; and (5) unless expressly authorized by Congress, the Department of Agriculture shall not conduct any further statewide roadless areas review and evaluation of National Forest System lands in the State of Florida for the purpose of determining their suitability for inclusion in the National Wilderness Preservation System. (c) As used in this section, and as provided in section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974, as amended by the National Forest Management Act of 1976, the term "revision" shall not include an "amendment" to a plan.

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 PUBLIC LAW 98-430—SEPT. 28, 1984

98 STAT. 1669

(d) The provisions of this section shall also apply to National Forest System roadless lands in the State of Florida which are less than five thousand acres in size. SEVERABILITY

SEC. 7. If any provision of this Act or the application thereof is Provisions held held invalid, the remainder of the Act and the application thereof invalid. shall not be affected thereby. Approved September 28, 1984.

LEGISLATIVE HISTORY—H.R. 9: HOUSE REPORTS: No. 98-102, Pt. 1 (Comm. on Interior and Insular Affairs) and Pt. 2 (Comm. on Agriculture). SENATE REPORT No. 98-580 (Comm. on Energy and Natural Resources). CONGRESSIONAL RECORD: Vol. 129 (1983): June 6, considered and passed House. Vol. 130 (1984): Aug. 9, considered and passed Senate, amended. Aug. 12, House concurred in Senate amendments.

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Page:United States Statutes at Large Volume 98 Part 2.djvu/510

 98 STAT. 1670

PUBLIC LAW 98-431—SEPT. 28, 1984

Public Law 98-431 98th Congress Joint Resolution Sept. 28, 1984 [H.J. Res. 453]

Designating the week of September 30 through October 6, 1984, as "National HighTech Week".

Whereas the economy of this Nation is closely tied to technological advances; Whereas the United States has long been a leader in high technology development; Whereas it is of the highest national interest to focus our collective abilities to maintain this leadership; Whereas the national commitment to high technology development has been called into doubt; Whereas the youth of the Nation need to have educational opportunities to grow and develop in a high technology environment; and Whereas our youth should have a national focus on their high technology future: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the week of September 30 through October 6, 1984, is designated as "National High-Tech Week". The President is requested to issue a proclamation calling upon the people of the United States to observe such week with appropriate ceremonies and activities, including programs aimed at educating the Nation's youth about high technology. Approved September 28, 1984.

LEGISLATIVE HISTORY—H.J. Res. 453 (S.J. Res. 316): CONGRESSIONAL RECORD, Vol. 130 (1984): Aug. 1, considered and passed House. Aug. 10, S.J. Res. 316 considered and passed Senate. Sept. 17, considered and passed Senate.

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Page:United States Statutes at Large Volume 98 Part 2.djvu/511

 PUBLIC LAW 98-432—SEPT. 28, 1984

98 STAT. 1671

Public Law 98-432 98th Congress An Act Entitled the "Shoalwater Bay Indian Tribe—Dexter-by-the-Sea Claim Settlement Act".

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 "Shoalwater Bay Indian Tribe—Dexter-by-the-Sea Claim Settlement Act". CONGRESSIONAL FINDINGS

SEC. 2. The Congress finds that— (1) there is pending before the United States District Court for the Western District of Washington at Tacoma a civil action numbered C83-167T entitled the "Shoalwater Bay Indian Tribe, a federally recognized Indian tribe against Joe Amador and Jean Amador, et al.", which involves claims to certain privately held lands within the Shoalwater Bay Indian Reservation in Tokeland, Washington, known as Dexter-by-the-Sea and First Addition Dexter-by-the-Sea; (2) the owners of such lands derive their title from a patent issued by the United States Government to George N. Brown on August 1, 1872, certificate numbered 3763; (3) the Shoalwater Bay Indian Reservation was established by Executive order of President Andrew Johnson on September 22, 1866, and is alleged to include the lands claimed by the Shoalwater Bay Indian Tribe in such civil action; (4) in its patent to George N. Brown in 1872, the United States failed to exempt the lands claimed by the Shoalwater Bay Indian Tribe in such civil action from the Shoalwater Bay Indian Reservation established in 1866; (5) since 1872, such lands have been the subject of disputes claiming dual chains of title in the United States as trustee for the Shoalwater Bay Indian Tribe and the patentee, George N. Brown and his successors in title, the defendants in the civil action; (6) the pendency of the civil action has placed a cloud on the titles held by residents of Dexter-by-the-Sea and First Addition Dexter-by-the-Sea rendering their property essentially unmarketable; and (7) a legislative resolution of such civil action is appropriate because the United States Government is responsible for the failure to except the land now known as Dexter-by-the-Sea and First Addition Dexter-by-the-Sea from the patent to George N. Brown in 1872. SEC. 3. Upon receipt of the funds to be paid from the Treasury of the United States under section 4 of this Act: (a) All rights, title, and interests of the Shoalwater Bay Indian Tribe, in, and claims to, the lands which are located within the State of Washington in the westerly portion of Government lot

__Sept- 28, 1984 [S. 1735] Shoalwater Bay Indian Tribe— Dexter-by-theSea Claim Settlement Act. Tokeland, Wash. Private lands. Patent.

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 98 STAT. 1672

Prohibition.

Audit. Public availability.

Funds.

PUBLIC LAW 98-432—SEPT. 28, 1984

1 in section 11, township 14N, range IIW, W.N., that are the subject of the civil action referred to in section 2(1) of this Act and are known as Dexter-by-the-Sea Subdivision and First Addition to Dexter-by-the-Sea Subdivision, shall be extinguished. (b) The lands described in subsection (a) shall not be considered to be within the exterior boundaries of the Shoalwater Bay Indian Reservation. Except to the extent provided in the preceding sentence, the exterior boundaries of such reservation shall not be affected by the provisions of this Act. (c) The validity of the patent issued by the United States on August 1, 1872, to George N. Brown, certificate numbered 3763, shall be ratified. SEC. 4. (a)(1) If the requirements of subsection (b) of this section are met, the Secretary of the Treasury is authorized and directed in fiscal year 1985 to pay, out of funds in the Treasury of the United States not otherwise appropriated, $1,115,000 directly to the Shoalwater Bay Indian Tribe. (2) The funds described in paragraph (1) shall be paid by the Secretary of the Treasury in full settlement of all claims of the Shoalwater Bay Indian Tribe, and of any other party to such civil action described in section 2(1), which arise by reason of the issuance of the patent described in section 3(c). (b) The requirements of this subsection are met if— (1) the governing body of the Shoalwater Bay Indian Tribe adopts a resolution which— (A) authorizes the execution by an officer or official of such tribe of documents as the Secretary of the Interior determines to be necessary to settle the claims described in subsection (a)(2), (B) waives all rights and claims of such tribe against the United States, and against any other person, which arise by reason of the issuance of the patent described in section 3(c), and (C) is approved by the Secretary of the Interior, and (2) a final order is entered in the civil action described in section 2(1) which dismisses with prejudice all claims, crossclaims, counterclaims, third-party claims, and all other claims arising out of such civil action. (c) None of the funds paid to the Shoalwater Bay Indian Tribe under subsection (a)(1) shall be used to make any per capita distribution to members of such tribe. SEC. 6. (a) The Shoalwater Bay Indian Tribe is authorized to utilize the funds paid to the tribe under provisions of this Act for any purpose authorized by ordinance or resolution of the tribe, including investment for economic development purposes. (b) The tribe shall maintain a segregated accounting system for all principal and income from such funds and shall cause an annual audit to be conducted by an independent certified public accountant. The results of such audit shall be made available for inspection by any enrolled member of the tribe and shall be made available to the Secretary of the Interior. (c) Except as otherwise provided in this section, funds held and administered by the Shoalwater Bay Indian Tribe which are the subject of this Act, and income derived therefrom, shall be treated in the same fashion as if held in trust by the Secretary of the Interior: Provided, That nothing in this Act shall be construed as requiring

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 PUBLIC LAW 98-432—SEPT. 28, 1984

98 STAT. 1673

that the Secretary of the Interior give any prior approval to investment or expenditure of these funds. (d) Upon payment of the funds to the Shoalwater Bay Indian Funds. Tribe, the Secretary of the Interior shall have no trust responsibility for the investment, supervision, administration, or expenditure of such funds. (e) None of the funds or income therefrom distributed under this Taxes. Act shall be subject to Federal or State income taxes or be considered as income or resources in determining eligibility for or the amount of assistance under the Social Security Act or any other 42 USC 1305. federally assisted program. Approved September 28, 1984.

LEGISLATIVE HISTORY—S. 1735 (H.R. 5714): HOUSE REPORT No. 98-990 accompanying H.R. 5714 (Comm. on Interior and Insular Affairs). SENATE REPORT No. 98-439 (Comm. on Indian Affairs). CONGRESSIONAL RECORD, Vol. 130 (1984): May 24, considered and passed Senate. Sept. 11, H.R. 5714 considered and passed House; S. 1735 considered and passed House.

31-194 - 0 - 86 - 17: QL. 3 Part 2

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 98 STAT. 1674

PUBLIC LAW 98-433—SEPT. 28, 1984

Public Law 98-433 98th Congress Joint Resolution Sept. 28, 1984 [H.J. Res. 153]

To designate the week beginning October 7, 1984, as "National Children's Week".

Whereas there are approximately sixty-five milUon children in the Nation; Whereas the children of the Nation are its most precious resource and its greatest hope for the future; and Whereas a week designated for the purpose of focusing on the needs of children and the community services available to them will be beneficial both to children and to the future of the Nation: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the week beginning October 7, 1984, hereby is designated "National Children's Week", and the President of the United States is authorized and requested to issue a proclamation calling upon the people of the United States to observe such week with appropriate ceremonies and activities. Approved September 28, 1984.

LEGISLATIVE HISTORY—H.J. Res. 153 (S.J. Res. 325): CONGRESSIONAL RECORD, Vol. 130 (1984): June 6, considered and passed House. Aug. 10, S.J. Res. 325 considered and passed Senate. Sept. 17, considered and passed Senate.

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 PUBLIC LAW 98-434—SEPT. 28, 1984

98 STAT. 1675

Public Law 98-434 98th Congress An Act To authorize and direct the Secretary of the Interior to engage in a special study of the potential for groundwater recharge in the High Plains States, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That this Act may be cited as the "High Plains States Groundwater Demonstration Program Act of 1983". SEC. 2. The Secretary of the Interior (hereinafter referred to as the "Secretary"), acting through the Bureau of Reclamation (hereinafter referred to as the "Bureau"), shall, in two phases, conduct an investigation of and establish demonstration projects for groundwater recharge of aquifers in the States of Colorado, Kansas, Nebraska, New Mexico, Oklahoma, South Dakota, Texas, and Wyoming (such States to be hereinafter referred to as the "High Plains States") and in the other States referred to in section 1 of the Reclamation Act of 1902 (hereinafter referred to as "other Reclamation Act States"), as provided by this Act: Provided, That funds made available pursuant to this Act shall not be used for the study or construction of groundwater recharge demonstration projects in the High Plains States and other Reclamation Act States which would utilize water originating in the drainage basin of the Great Lakes. The Bureau shall consult with the United States Geological Survey and other appropriate agencies and departments of the United States and of the High Plains States and other Reclamation Act States in order to carry out this Act. SEC. 3. (a) During phase I, the Bureau, in consultation with the High Plains States and other Reclamation Act States and other appropriate departments and agencies of the United States, including the United States Geological Survey, shall develop a detailed plan of demonstration projects the purpose of which is to determine whether various recharge technologies may be applied to diverse geologic and hydrologic conditions represented in the High Plains States and other Reclamation Act States. In the preparation and development of such plan, the Bureau shall make maximum use of data, planning studies and other technical resources and assistance available from State and local entities: Provided, That contributions of such technical resources and assistance may be counted as part of the inkind services or other State contribution, but shall otherwise be provided without compensation to the State or local entity. This plan shall contain the selection of not less than a total of twelve demonstration project sites in High Plains States and not less than a total of nine demonstration project sites in other Reclamation Act States. Demonstration project sites shall be confined to areas having a declining water table, an available surface water supply, and a high probability of physical, chemical, and economic feasibility for recharge of the groundwater reservoir. The plan shall provide for demonstration of the application of recharge technology and the selection of water sources, determination of necessary physical

Sept. 28, 1984 [H.R. 71]

High Plains States Groundwater Demonstration Program Act of 1983 43 USC 390g note. 43 USC 390g.

43 USC 391. Prohibition.

43 USC 390g-l.

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 98 STAT. 1676

Report.

43 USC 390g-2.

Contracts with U.S.

Reports.

43 USC 390g-3.

PUBLIC LAW 98-434—SEPT. 28, 1984

works and the operation of water replacement systems, formulation of a monitoring program, identification of any economic, legal, intergovernmental, and environmental issues and projection of planning problems associated with such systems, and recommendation of legislative and administrative actions as may be necessary to carry out phase IL (b) During phase I the Bureau is authorized and directed to recommend demonstration projects to be designed, constructed, and operated during phase IL (c) Within six months, after the enactment of an appropriation Act to carry out phase I, the Secretary shall make a preliminary selection of projects to receive further planning and development and shall initiate such further planning and development for those selected projects. (d) Within twenty-four months after the date of enactment of an appropriation Act to carry out phase I, the Secretary shall transmit a report to Congress containing the recommendations made pursuant to subsection (b) and a detailed statement of his findings and conclusions. SEC. 4. (a) During phase II, and subject to State water laws and interstate water compacts, the Bureau is authorized and directed to design, construct, and operate demonstration projects in the High Plains States and other Reclamation Act States to recharge groundwater systems as recommended in the report referred to in section 4(c). (b) During phase II the Secretary, acting through the Bureau, shall contract with the various High Plains States and other Reclamation Act States to conduct a study to identify and evaluate alternative means by which the costs of groundwater recharge projects could be allocated among the beneficiaries of the projects within the respective States and identify and evaluate the economic feasibility of and the legal authority for utilizing groundwater recharge in water resource development projects. (c)(1) Within twelve months after the initiation of phase II, and at annual intervals thereafter, the Secretary shall submit interim reports to Congress. Each report shall contain a detailed statement of his findings and progress respecting the design, construction, and operation of the demonstration projects referred to in subsection (a) and the study referred to in subsection (b). (2) Within five years after the initiation of phase II, the Secretary shall submit a final report to Congress. The final report shall contain— (A) a detailed evaluation of the demonstration projects referred to in subsection (a); (B) the results of the studies referred to in subsection (b); (C) specific recommendations regarding the location, scope, and feasibility of operational groundwater recharge projects to be constructed and maintained by the Bureau; and (D) an evaluation of the feasibility of integrating these groundwater recharge projects into existing reclamation projects. SEC. 5. The Secretary, acting through the Bureau, and the Administrator of the Environmental Protection Agency (hereinafter referred to as the "Administrator") shall enter into a memorandumof-understanding to provide for an evaluation of the impacts to surface water and groundwater quality resulting from the groundwater recharge demonstration projects constructed pursuant to this

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 PUBLIC LAW 98-434—SEPT. 28, 1984

98 STAT. 1677

Act. The Administrator shall consult with the United States Geological Survey and shall make maximum use of data, studies, and other technical resources and assistance available from State and local entities in conducting the evaluation. The evaluation of water quality impacts shall be completed so as to be included in the Secretary's final report to the Congress referred to in section 4(c)(2) of this Act. SEC. 6. There is authorized to be appropriated $500,000 for fiscal years beginning after September 30, 1983, to carry out phase L Amounts shall be made available pursuant to the authorization contained in this section in a single sum for all demonstration project sites, and it shall be within the discretion of the Secretary to apportion such sum among such sites. SEC. 7. There is authorized to be appropriated for fiscal years beginning after September 30, 1983, $20,000,000 (October 1983 price levels) to carry out phase II. Amounts shall be made available pursuant to the authorization contained in this section in sums for individual projects based on findings of feasibility by the Secretary. SEC. 8. The funds authorized to be appropriated pursuant to section 7 of this Act shall match on a four-to-one basis funds made available by the States, their political subdivisions, or other nonFederal entities to meet the cost of phase II: Provided, That, inkind services or other contributions by the States, their political subdivisions, or other non-Federal entities shall be considered in the determination of the matching non-Federal share. The Secretary is authorized to enter into memoranda of agreement with any appropriate agencies or departments of the High Plains States and other Reclamation Act States to share the costs of phase II. SEC. 9. Any new spending authority described in subsection (c)(2) (A) or (B) of section 401 of the Congressional Budget Act of 1974 which is provided under this Act (or under any amendment made by this Act) shall be effective for any fiscal year only to such extent or in such amounts as are provided in advance in appropriation Acts. SEC. 10. No funds authorized to be appropriated by this Act shall be used for any activities associated with: (1) the interstate transfer of water from the State of Arkansas; or (2) the study or demonstration of the potential for the interstate transfer of water from the State of Arkansas. Approved September 28, 1984,

LEGISLATIVE HISTORY—H.R. 71: HOUSE REPORT No. 98-167 (Comm. on Interior and Insular Affairs). SENATE REPORT No. 98-372 (Comm. on Energy and Natural Resources). CONGRESSIONAL RECORD: Vol. 129 (1983): June 20, considered and passed House. Vol. 130 (1984): Aug. 10, considered and passed Senate, amended. Sept. 14, House concurred in Senate amendments.

Appropriation authorization. 43 USC 390g-4.

Appropriation authorization. 43 USC 390g-5.

Matching funds. 43 USC 390g-6.

43 USC 390g-7. 2 USC 651.

Arkansas. 43 USC 390g-8.

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 98 STAT. 1678

PUBLIC LAW 98-435—SEPT. 28, 1984

Public Law 98-435 98th Congress An Act Sept. 28, 1984 [H.R. 1250] Voting Accessibility for the Elderly and Handicapped Act. 42 USC 1973ee note.

To improve access for handicapjaed and elderly individuals to registration facilities and polling places for Federal elections.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SHORT TITLE SECTION 1. This Act may be cited as the "Voting Accessibility for the Elderly and Handicapped Act". PURPOSE

42 USC 1973ee.

SEC. 2. It is the intention of Congress in enacting this Act to promote the fundamental right to vote by improving access for handicapped and elderly individuals to registration facilities and polling places for Federal elections. S ELECTION O F POLLING FACILITIES

42 USC 1973ee-l.

Report.

Effective date.

SEC. 3. (a) Within each State, except as provided in subsection (b), each political subdivision responsible for conducting elections shall assure that all polling places for Federal elections are accessible to handicapped and elderly voters. (b) Subsection (a) shall not apply to a polling place— (1) in the case of an emergency, as determined by the chief election officer of the State; or (2) if the chief election officer of the State— (A) determines that all potential polling places have been surveyed and no such accessible place is available, nor is the political subdivision able to make one temporarily accessible, in the area involved; and (B) assures that any handicapped or elderly voter assigned to an inaccessible polling place, upon advance request of such voter (pursuant to procedures established by the chief election officer of the State)— (i) will be assigned to an accessible polling place, or (ii) will be provided with an alternative means for casting a ballot on the day of the election. (c)(1) Not later than December 31 of each even-numbered year, the chief election officer of each State shall report to the Federal Election Commission, in a manner to be determined by the Commission, the number of accessible and inaccessible polling places in such State on the date of the preceding general Federal election, and the reasons for any instance of inaccessibility. (2) Not later than April 30 of each odd-numbered year, the Federal Election Commission shall compile the information reported under paragraph (1) and shall transmit that information to the Congress. (3) The provisions of this subsection shall only be effective for a period of 10 years beginning on the date of enactment of this Act.

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