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Payments. 63 Stat. 603.

Records requirements.

PUBLIC LAW 88-281-MAR. 11, 1964

[78 STAT.

to pay the United States share of the planning and engineerinir costs or allowable project costs."; (2) by striking out "of the project"' whei^e it appears in the third sentence; and (3) by amending the last sentence to read as follows: "I^nless and until such a grant agreement has been executed, the United States shall not pay, nor be obligated to pay, any portion of the costs which have been or may be incurred." SEC. 12. Section 14 of such Act (49 U.S.C. 1113) is amended— (1) by inserting "advance planning and engineering costs or" immediately before "allowable" in the second sentence; (2) by striking out "of the project" each place it appears in the second and third sentences; (3) by inserting "advance planning and engineering or" immediately before "airport development" each place it appears in the second and fourth sentences; (4) by inserting "of advance planning and engineering costs or" immediately after "United States share" in the third sentence: and (5) by inserting "planning and engineering or" immediately after "such" where it first appears in the fourth sentence. SEC. 13. The Federal Airport Act is amended further by inseH ing at the end thereof a new section as follows: ((ACCESS

TO RECORDS

"SEC. 21. (a) Each recipient of grants mider this Act shall keep such records as the Administrator shall prescribe, including records which fully disclose the amount and the disposition by such recipient of the proceeds of such grants, the total cost of the plan or program in connection with which such grants are given or used, and the amount and nature of that portion of the cost of the plan or program supplied by other sources and such other records as will facilitate an effective audit. "(b) The Administrator and the Comptroller General of the United States, or any of their duly authorized representatives, shall have access for the purpose of audit and examination to any books, documents, papers and records of the recipient that are pertinent to the grants received under this Act." Approved March 11, 1964.

Public Law 88-281 March 11, 1964 [H. R. 9640]

C o a s t Guard. Appropriation authorization.

AN ACT To authorize appropriations for procurement of vessels and aircraft and construction of shore and offshore establishments for the Coast Guard.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the sum of $93,299,000 is authorized to be appropriated for the fiscal year 1965 for the use of the Coast Guard as follows: VESSELS

For procurement oftwo high-endurance cutters; (2) eight medium-endurance cutters; (3) one coastal tender; (4) three inland tenders; (5) three small harbor tugs;

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163

(6) nine small patrol cutters; and (7) one river tender. AIRCRAFT

For procurement of seventeen helicopters. CONSTRUCTION

For establishment or development of Coast Guard installations and facilities by acquisition, construction, conversion, extension, or installation of permanent or temporary public works, including the preparation of sites and furnishing of appurtenances, utilities, and equipment for the following projects: Atlantic Coast: Offshore light platforms at Diamond Shoals and Chesapeake Bay entrance. Missouri River: Moorings for river tender. A i r Station, Elizabeth City, North Carolina: Replace runway. Air Detachment, Annette Island, Alaska: Family housing units and support facilities. Detroit, Michigan: Operational facilities for helicopter detachment. Aircraft Repair and Supply Base, Elizabeth City, North Carolina: Maintenance facilities. Air Detachment-, San Juan, Puerto Rico: Maintenance and operational facilities. Moorings, Mayport, Florida: Administrative, operational, and maintenance facilities. San Juan, Puerto Rico: Family housing units and support facilities. Depot, Guam: Replace operational, administrative, and supply facilities. Wilmington, North Carolina: Moorings for large cutter. Base, Ketchikan, Alaska: Improve maintenance facilities. Base, Woods Hole. Maf^sachusetts: Improve operational and maintenance facilities. Academy, New London, Connecticut: Field house. Loran Station, Sitkinak, Alaska: Replace runway. Approved March 11, 1964.

Public Law 88-282 AN ACT To amend section 124 of title 28, United States Code, to transfer Austin. Fort Bend, and Wharton Counties from the Galveston Division to the Houston Division of the Southern District of Texas.

March 11, 1964 [S. 7211

Be /f eruicted by the Henate <ind House of Reprenentitttves of the United Staten of Amer!ea m CongrenH aHsembled^ That (a) paragraph T e x a s. Court. District (1) of section 124(b) of title 28, United States Code, is airiended to Transfer of counties. reiid as follows: 62 Stat. 892. "(1) The Galveston Division comprises the counties of Brazoria, Chambers, Galveston, and Matagorda. "C'ouit for the Galveston Division shall be held ai (ja] vest on." (b) Paragraph (2) of section 124(b) of title 28, United States Code, is amended to read as follows: "(2) The Houston Division comprises the counties of Austin, Brazos, Colorado, Fayette, Fort Bend, (jrimes, Harris, Madison, Montgomeiy, Polk, San Jacinto, Trinity, Walker, Waller, and Wharton. ''Court, for the Houston Division shall be held at Houston."" Approved March 11, 1964.

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PUBLIC LAW 88-283-MAR. 13, 1964

[78 STAT.

Public Law 88-283 March 13, 1964 [H. R. 8507]

Air For c e. Medical and dental officers. Relief.

AN ACT For the relief of certain nieflical and dental officers of the Air Force.

Be it enacted by the Senate and Houi^e of Representatives of the United States of Amenen in Congress aHHemhled^ That any medical or dental officer, or former medical or dental officer, of the Air Force who was credited with an erroneous amount of service for pay purposes because of paragraph 5 of Personnel Orders Numbered 198, the National Guard Bureau, is relieved of all liability to the United States for amounts received by him as a result of such erroneous credit. SEC. 2. I n the audit and settlement of the accounts of any certifying or disbursing officer of the United States, credit shall be given for amounts for which liability is relieved by this Act. SEC. 3. The Secretary of the Treasury is hereby authorized and directed to pay, out of any money in the Treasury not otherwise appropriated, to each of the officers covered by section 1 of this Act an amount equal to the aggregate of the amounts paid by him, or withheld from sums otherwise due him, in complete or partial satisfaction of the liability to the United States described in section 1 of this Act. SEC. 4. No part of the amount appropriated in this Act shall be paid or delivered to or received by any agent or attorney on account of services rendered in connection with this claim, and the same shall be unlawful, any contract to the contrary notwithstanding. Any person violating the provisions of this Act shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not exceeding $1,000. Approved March 13, 1964.

Public Law 88-284 March 17, 1964 [S. 1561]

Federal Employe e s Health B e n e fits Act of 1959, amendment. 73 Stat. 708.

Repeal.

AN ACT To amend the Federal Employees Health Benefits Act of ll^oS) to remove certain inequities in the application of such Act, to improve the administration thereof, and for other purposes.

Be it enacted by the Senate and House of Reprefientatives of the United States of America in Congress assembled, That the Federal Employees Health Benefits Act of 1959 (5 U.S.C. 3001-3014) is hereby amended as follows: (1) Section 2(c)(3) (5 U.S.C. 3001(c)(3)) is amended by striking out "as a result of injury sustained or illness contracted on or after such date of enactment". (2) Section 2(c)(4)_ (5 U.S.C. 3001(c)(4)) is amended by striking out "on account of injury sustained or illness contracted on or after such date of enactment". (3) Section 2(d) (5 U.S.C. 3001(d)) is amended—_ (A) by inserting ", foster child," immediately following "stepchild"; and (B) by striking out "nineteen" wherever occurring therein and inserting in lieu thereof "twenty-one". (4) Section 2(e) (5 U.S.C. 3001(e)) is repealed. (5) Section 3(b)(1) (5 U.S.C. 3002(b)(1)) is amended— (A) by striking out "whichever is shorter, or"; and (B) by inserting in lieu thereof "or (C) the full period or periods of service beginning with the enrollment which became effective not later than December 31, 1964, and ending with the date on which he becomes an annuitant, whichever is shortest, or".

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PUBLIC LAW 88-284-MAR. 17, 1964

(6) Section 3 (5 IT.S.(\ 8002) is amended by adding at the end thereof the following new subsection: " ( ^) Any annuitant (including an individual receiving monthly compensation as a result of injury sustained prior to the effective date specified in section 16 and who would be an annuitant if the injury or illness had been sustained or contracted on or after that date) who at the time he became an annuitant shall have been enrolled in a health benetits plan under this Act and who at the time he became an annuitant was ineligible to continue his enrollment may, upon his application before December 31, 1964, and under such other conditions of eligibility as the Commission may by regulation prescribe, prospectively enroll in an approved health benefits plan described in section 4. either as an individual or for self and family.'' (7) Section 6(d) (5 U.S.Cl 3005(d)) is amended by adding at the end thereof the following new sentence: "The (Commission may terminate the contract of any carrier effective at the end of a contract term, if the Commission finds that at no time during the preceding two contract terms did the carrier have three hundred or more employees and annuitants (exclusive of family members) enrolled for its plan." (8) Section 6(f) (5 U.S.C. 3005(f)) is amended by striking out "', on such terms or conditions as are prescribed by the carrier and approved by the Commission". (9) Section 6(g) (5 U.S.C. 3005(g)) is amended by striking out '\ at the option of the employee or annuitant,". (10) Section 7(a)(1) (5 U.S.C. 3006(a)(1)) is amended— (A) by striking out the comma at the end of clause (A) thereof and inserting "and" in lieu of such comma; and (B) by striking out "(other than as provided hi clause (C) of this paragraph), and (C) not less than $1.75 or more than $2.50 biweekly for a female employee or annuitant enrolled for self and family including a nondependent husband". (11) Section 7(a)(2) (5 U.S.C. 3006(a)(2)) is amended to read as follows: "(2) For an employee or annuitant enrolled in a plan described under section 4(3) or (4) for which the biweekly subscription charge is less than twice the Government contribution established under paragraph (1) of this subsection, the Government contribution shall be 50 per centum of the subscription charge." (12) Section 8(b) (5 U.S.C. 3007(b)) is amended by inserting immediately after the first sentence thereof the following new sentences: "The Commission, from time to time and in such amounts as it considers appropriate, may transfer unused funds for administrative expenses to the contingency reserves of the plans then under contract with the Commission. When funds are so transferred, each contingency reserve shall be credited in proportion to the total amount of the subscription charges paid and accrued to the plan for the contract term immediately preceding the contract term in which the transfer is made." (13) Section 8 ( 5 U.S.C. 3007) is amended by adding at the end thereof the following new subsection: " (d)(1) Whenever the assets, liabilities, and membership of employee organizations sponsoring or underwriting plans approved under section 4(3) have been or are hereafter merged, the assets (including contingency reserves) and liabilities of the plans sponsored or underwritten by the merged organizations shall, at the beginning of the contract term next following the date of the merger or enactment of this subsection, be transferred to the plan sponsored or underwritten by the successor organization. Each employee or

165

Enrollment eligibility. 5 USC 3001 note.

5 USC 3003. e o n t r a c t terminations, conditions.

73 Stat. 713. Government contributions. 5 USC 3003.

contingency reserve.

Reserve funds, transfer.

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Reinstatement.

Effective date.

PUBLIC LAW 88-285-MAR. 17, 1964

[78 STAT.

{innuitant hereafter affected by a mer|2:er shall also be transferred to the plan sponsored or underwritten by the successor organization unless he enrolls in another plan under this Act. "(2) P^xcept as provided in paragraph (1) of this subsection, whenever a plan described under section 4(3) or 4(4) is or has been discontinued under this Act, the contingency reserve of that plan shall be credited to the contingency reserves of the plans continuing under this Act for the contract term following that in which termination occurs, each reserve to be credited in proportion to the amount of the subscription charges paid and accrued to the plan for the year of termination." (14) Section 10(c) (5 U.S.C. 3009(c)) is amended to read as follows: "(c) Any employee enrolled in a plan under this Act who is removed or suspended without pay and later reinstated or restored to duty on the ground that such removal or suspension was unjustified or unwarranted may, at his option, enroll as a new employee or have his coverage restored, M'ith appropriate adjustments made in contributions and claims, to the same extent and effect as though such removal or suspension had not taken place." SEC. 2. Paragraphs (4), (10), and (11) of the first section of this Act shall become effective on the first day of the first pay period which begins at least ninety days after the date of enactment of this Act. Approved March 17, 1964.

Public Law 88-285 March 17, 1964 [S. 2455]

P e a c e Corps. Appropriation, 1965. 77 Stat. 359. 22 USC 2502.

AN ACT To ameiul further the Peace Corps Act {7~> Stat. (>12), as amended.

Be it erufcted by the Senate (ind HoiOfe of Repre,sent ^ of the United States of Arne/nea m Cortgrex-s a-s-se/iibted^ That section 3(b) of the Peace Corps Act, as amended, which authorizes appropriations to carry out the purposes of that Act, is amended by striking out "1964" and "$102,000,000" and substituting "1965" and "$115,000,000", respectively. Approved March 17, 1964.

Public Law 88-286 March 18, 1964 [H. R. 10051]

I n t e r s t a t e commerce. Taxation studies. Reporting date, extension. 15 USC 381 note.

AN ACT rpQ amend Public Law 86-272, as amended, w i t h respect to the reporting date.

Be it enacted l>y the Senate and House of Representatives of the United States of Amerha in Congress assembled, That section 202 of Public Law 86-272 (73 Stat. 556), as amended, is amended to read as follows: "SEC. 202. The committees shall report to their respective Houses the results of such studies, together wnth their proposjils for legislation, on or before June 30, 1965." Approved March 18, 1964.

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PUBLIC LAW 88-288-MAR. 20, 1964

167

Public Law 88-287 AN ACT To amend the District of Columbia Traffic Act, 1925, as amended, to increase the fee charged for l e a r n e r s ' permits.

March 18, 1964 [S. 1964]

Be it enacted by the Senate and House of Representatives of the District United States of America in Congress assembled, That subsection Columbia. of (a)(2) of section 7 of the District of Columbia Traffic Act, 1925 (43 LearnTr's' Stat. 1119), as amended (62 Stat. 173; 68 Stat. 732; 76 Stat. 710; sec. """s, fee increase. 40-301 (a)(2), D:C. Code, 1961 edition), be amended by striking "$2'and inserting in lieu thereof "$5". Approved March 18, 1964.

Public Law 88-288 AN ACT To authorize appropriations during fiscal year 1965 for procurement of aircraft, missiles, and n a v a l vessels, and research, development, test, and evaluation, for the Armed Forces, and for other purposes.

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

March 20, 1964 [H. R. 9637]

of the A^r^pHaUon' authorization,,

TITLE I—PROCUKEMENT SEC. 101. Funds are hereby authorized to be appropriated during fiscal year 1965 for the use of the Armed Forces of the United States for procurement of aircraft, missiles, and naval vessels, as authorized by law, in amounts as follows: Aircraft For aircraft: For the Army, $443,600,000; for the Navy and the Marine Corps, $1,854,900,000; for the Air Force, $3,663,000,000. Missiles For missiles: For the Army, $282,600,000; for the Navy, $660,100,000; for the Marine Corps, $13,100,000; for the Air Force, $1,730,000,000. Naval Vessels For naval vessels: For the Navy, $1,966,000,000. TITLE II—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION SEC. 201. Funds are hereby authorized to be appropriated during fiscal year 1965 for the use of the Armed Forces of the United States for research, development, test, and evaluation, as authorized by law, in amounts as follows: For the Army, $1,345,045,000; For the Navy (including the Marine Corps), $1,378,060,000; For the Air Force, $3,140,000,000, of which amount $52,000,000 is available only for development of advanced manned strategic aircraft; For Defense agencies, $500,215,000. Approved March 20, 1964. 31-667 0-65—14

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PUBLIC LAW 88-289-MAR. 25, 1964

[78 STAT.

Public Law 88-289 March 25, 1964 [S. 1878]

Alaska. L and s, filing of applications.

AN To amend the Act providing for the the Union in ordei- to extend the the selet'tion of certain lands by such

ACT admission of the State of Alaska into time for the filing of applications for State.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the first sentence of subsection (h) of section 6 of the Act entitled "An Act to

48 USC p r e c. 21 note.

Approved March 25, 1964.

Public Law 88-290 March 26, 1964 [H. R. 9 50]

Internal Security Act of 1950, amendment. 64 Stat. 987. 50 USC 781 note.

AN ACT To amend the Internal Security Act of 1950.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Internal Security Act of 1950 is amended by adding at the end thereof the following new title:

"TITLE III—PERSONNEL SECURITY PROCEDURES IN NATIONAL SECURITY AGENCY "REGULATIONS FOR EMPLOYMENT

SECURITY

"SEC. 301. Subject to the provisions of this title, the Secretary of Defense (hereafter in this title referred to as the 'Secretary") shall prescribe such regulations relating to continuing security procedures as he considers necessary to assure— "(1) that no person shall be employed in, or detailed or assigned to, the National Security Agency (hereafter in this title referred to as the 'Agency'), or continue to be so employed, detailed, or assigned; and "(2) that no person so employed, detailed, or assigned shall have access to any classified information; unless such employment, detail, assignment, or access to classified information is clearly consistent with the national security. F U L L F I E L D I N V E S T I G A T I O N A N D APPRAISAL

Conditional employment.

" S E C 302. (a) No person shall be employed in, or detailed or assigned to, the Agency unless he has been the subject of a full field investigation in connection with such employment, detail, or assignment, and is cleared for access to classified information in accordance with the provisions of this title; excepting that conditional employment without access to sensitive cryptologic information or material may be tendered any applicant, under such regulations as the Secretary may prescribe, pending the completion of such full field investigation: And provided further, That such full field investigation at the discretion of the Secretary need not be required in the case of persons assigned or detailed to the Agency who have a current security clearance for access

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PUBLIC LAW 88-290-MAR. 26, 1964

169

to sensitive cryptologic information under equivalent standards of investigation and clearance. During any period of war declared by the Congress, or during any period when the Secretary determines that a national disaster exists, or in exceptional cases in which the Secretary (or his designee for such purpose) makes a determination in writing that his action is necessary or advisable in the national interest, he may authorize the employment of any person in, or the detail or assignment of any person to, the Agency, and may grant to any such person access to classified information, on a temporary basis, pending the completion of the full field investigation and the clearance for access to classified information required by this subsection, if the Secretary determines that such action is clearly consistent with the national security. " (b) To assist the Secretary and the Director of the Agency in ^^°^l^^i°^ carrying out their personnel security responsibilities, one or more boards of appraisal of three members each, to be appointed by the Director of the Agency, shall be established in the Agency. Such a board shall appraise the loyalty and suitability of persons for access to classified information, in those cases in which the Director of the Agency determines that there is a doubt whether their access to that information would be clearly consistent with the national security, and shall submit a report and recommendation on each such a case. However, appraisal by such a board is not required before action may be taken under section 14 of the Act of June 27, 1944, chapter 287, as amended (5 U.S.C. 863), section 1 of the Act of August 26, 1950, chap- 6/ltalr*723!^" ter 803, as amended (5 U.S.C. 22-1), or any other similar provision of 64 Stat. 476. law. Each member of such a board shall be specially qualified and o°=l^ffi'^!r?^^!^' trained for his duties as such a member, shall have been the subject of a Qualifications. full field investigation in connection with his appointment as such a member, and shall have been cleared by the Director for access to classified information at the time of his appointment as such a member. Xo person shall be cleared for access to classified information, contrary to the recommendations of any such board, unless the Secretary (or his designee for such purpose) shall make a determination in writing that such employment, detail, assignment, or access to classified information is in the national interest. "TERMINATION OF EMPLOYMENT

"SEC. 303. (a) Notwithstanding section 14 of the Act of June 27, 1944, chapter 287, as amended (5 U.S.C. 863), section 1 of the Act of August 26, 1950, chapter 803, as amended (5 U.S.C. 22-1), or any other provision of law, the Secretary may terminate the employment of any officer or employee of the Agency whenever he considers that action to be in the interest of the United States, and he determines that the procedures prescribed in other provisions of law that authorize the termination of the employment of that officer or employee cannot be invoked consistently with the national security. Such a determination is final. " (b) Termination of employment under this section shall not affect „^^„'^'t^°J^^2!.'^"'^ other a g e n c i e s. the right of the officer or employee involved to seek or accept employment with any other department or agency of the United States if he is declared eligible for such employment by the United States Civil Service Commission. 76 "(c) Notwithstanding section 133(d) of title 10, United States Code, D e lStat.t i 517. e g a o n of any authority vested in the Secretary of Defense by subsection (a) ai^horUy' may be delegated only to the Deputy Secretary of Defense or the Limitation. Director of the National Security Agency, or both.

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PUBLIC LAW 88-291-MAR. 26, 1964 ((DEFINITION

[78 STAT.

OF CLASSIFIED INFORMATION

"SEC. 304. For the purposes of this section, the term 'classified information' means information which, for reasons of national security, is specifically designated by a United States Government agency for limited or restricted dissemination or distribution. " N O N A P P L I C A B I L I T Y O F ADMINISTRATIVE PROCEDURE ACT

60 Stat. 237.

"SEC. 305. The Administrative Procedure Act, as amended (5 U.S.C. 1001 et seq.), shall not apply to the use or exercise of any authority granted by this title. AMENDMENTS

73 Stat. 63; 75 Stat. 789. 64 Stat. 1098.

"SEC. 306. (a) The first sentence of section 2 of the Act of May 29, 1959 (50 U.S.C. 402 note), is amended by inserting ', without regard to the civil service laws,' immediately after 'and to appoint thereto'. " (b) Subsection (b) of section 2 of the Performance Rating Act of 1950 (5 U.S.C. 2001 (b)) is amended— "(1) by striking out the period at the end of paragraph (13) and inserting in lieu thereof a semicolon; and "(2) by adding at the end thereof the following new paragraph: " ' ( 1 4) The National Security Agency.'.'' Approved March 26, 1964.

Public Law 88-291 March 26, 19 64 [S. 1299]

E d e n Valley Irrigation and Drainage District, Wyoming.

Availability of appropriations.

AN ACT To defer certain operation and maintenance charges of the Eden Valley Irrigation and Drainage District. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Interior is authorized and directed to defer, without interest, the collection of irrigation operation and maintenance charges due for the last one-half of calendar year 1964 as shown in the May 17, 1963, notices of 1964 water charges to the Eden Valley Irrigation and Drainage District: Provided, That the Secretary and the district enter into a contract prior to June 1, 1964, for the payment by the district of such deferred charges during the sixty-year repayment period provided by the repayment contract of June 8, 1950, with said district: Provided further, That the Secretary of the Interior is authorized to defer all or any part of operation and maintenance charges due for the first one-half of calendar year 1965, as will be announced in a notice to be issued the district pursuant to article 8 of the repayment contract herein referred to, to the extent that he determines by June 1, 1964, that the water supply for 1964 is inadequate to meet project needs, such deferment without interest, to be contingent upon the Secretary and the district entering into a contract prior to December 1, 1964, for the payment by the district of such deferred charges over the repayment period provided by the repayment contract herein referred to. Appropriations heretofore or hereafter made for carrying on the functions of the Bureau of Reclamation shall be available for operation and maintenance of the Eden project to the extent that funds for operation and maintenance are deferred hereunder and therefore are not advanced by the Eden Valley Irrigation and Drainage District. Approved March 26, 1964.

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Public Law 88-292 AN ACT To amend title 35 of the United States Code to pennit a written declaration to be accepted in lieu of an oath, and for other purposes.

March 26, 1964 [s. 2040]

Be it enacted by the Senate and House of Representatives of the Patent Cnited States of America in Congress assembled, That title 35, ^^ ^ office United States Code, is amended by adding the following new sec- ^"^oeciarafions in tions after section 24: ''«" °^ °3ths. "§ 25. Declaration in lieu of oath •'(a) The Commissioner may by rule prescribe that any document to be filed in the Patent Office and which is required by any law, rule, or other regulation to be under oath may be subscribed to by a written declaration in such form as the Commissioner may prescribe, such declaration to be in lieu of the oath otherwise required. " (b) Whenever such written declaration is used, the document must warn the declarant that willful false statements and the like are punishable by line or imprisonment, or both (18 U.S.C. 1001). 62 Stat. 749. "§ 26. Effect of defective execution "Any document to be filed in the Patent Office and which is required by any law, rule, or other regulation to be executed in a specified manner may be provisionally accepted by the Commissioner despite a defective execution, provided a properly executed document is submitted within such time as may be prescribed." SEC. 2. The analysis of chapter 2 of title 35, United Sta4;es Code, ^^ ^*^*- ^^4immediately preceding section 21, is amended to read as follows: "Sec. "21. Day for taking action falling on Saturday, Sunday, or holiday. "22. Printing of papers filed. "23. Testimony in Patent Office cases. "24. SubiK)enas, witnesses. "25. Declaration in lieu of oath. •'26. Effect of defective execution." A p p r o v e d March 26, 1964.

Public Law 88-293 AN ACT To authorize the Secretary of the Interior to make water available for a permanept pool for fish and wildlife and recreation purposes at Cochiti Reservoir from the San Juan-Chama unit of the Colorado River storage project.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembledj That the proviso to subdivision (e) of the conditions applicable to the project for improvement of the Rio Grande Basin authorized by section 203 of the Flood Control Act of 1960 (Public Law 86-645; 74 Stat. 493), is hereby supplemented to authorize, for conservation and development of fish and wildlife resources and for recreation, approximately fifty thousand acre-feet of water for the initial filling of a permanent pool of one thousand two hundred surface acres in Cochiti Reservoir, and thereafter sufficient water annually to offset the evaporation from such area, to be made available by the Secretary of the Interior from water diverted into the Rio Grande Basin by the works authorized by section 8 of the Act of June 13, 1962 (Public I ^ w 87-^83, 76 Stat. 97), subject to the conditions specified in sections 8,12,13,14, and 16 of said Act. A n appropriate share of the costs of said works shall be reallo-

March 26, 1964 1^^' ^^^^

Cochiti Reservoir.

"water for recreationai purposes

gi^tt-Tisvv!^' 6i5xx.

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PUBLIC LAW 88-294-MAR. 26, 1964

[78 STAT.

cated to recreation and fish and wildlife, and said allocation, which shall not exceed $3,000,000, shall be nonreimbursable and nonreturnable. SEC. 2. Nothing contained in this Act shall be construed to increase the amount heretofore authorized to be appropriated for construction of the Colorado Kiver storage project or any of its units. Approved March 26, 1964.

Public Law 88-294 March 26, 1964 [S. 2448]

Joint Committee on Atomic Energy. Hearings. 68 Stat. 956. 42 USC 2252.

AN ACT To aineiul the Atomic Energy Act of 1954.

Be It enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That the second sentence of section 202 of the Atomic Energy Act of 1954 is hereby amended to read as follows: "During the first ninety days of each session of the Congress, the Joint Committee may conduct hearings in either open or executive session for the purpose of receiving information concerning the development, growth, and state of the atomic energy industry." Approved March 26, 1964.

Public Law 88-295 March 27, 1964 [H. J. R e s. 962]

Labor Department. Supplemental appropriation, 1964.

JOINT RESOLUTION Making a supplemental appropriation for the fiscal year ending June 30, 1964, for the Department of Labor, and for other purposes.

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sum is appropriated, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending June 30, 1964, namely: DEPARTMENT OF LABOR B U R E A U OF EMPLOYMENT SECURrry I T X EMPLOYMENT C O M P E N S A T I O N FOR FEDERAL EMPLOYEES AND EX-SERVICEMEN

For an additional amount for "Unemployment compensation for Federal employees and ex-servicemen", $42,000,000. Approved March 27, 1964.

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PUBLIC LAW 88-297-APR. 11, 1964

Public Law 88-296 JOINT RESOLUTION Making a.supplemental appropriation for the fiscal year ending June 30, 1964. for disaster relief, and for other purposes.

Resolved by the Setiate and House of Representatives of the United States of America in Congress assembled, That the following sum is appropriated, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending June 30, 1964, namely:

April 7, 1964 [H. j. Res. 976]

D i s a s t e r relief. Funds.

F U N D S APPROPRIATED TO THK PRESIDENT DISASTER RELIEF

For an additional amount for "Disaster relief"', $50,000,000, to remain available until expended: Provided, That not to exceed 3 per centum of the foregoing amount shall be available for administrative expen.ses. Approved April 7, 1964.

Public Law 88-297 AN ACT To encourage increased consumption of cotton, to maintain the income of cotton and wheat producers, to provide a voluntary marketing certificate program for the 1964 and 1965 crop of wheat, and for other purposes.

April 11, 1964 [H. R. 6196]

Be it enacted by the Senate and House of Representatives of the assi " ' United States of America in Congress assembled, That this Act may of^il'^4""'"^^^ ^"^* be cited as the "Agricultural Act of 1964". TITLE I - COTTON SEC. 101. The Agricultural Adjustment Act of 1938, as amended, is amended by adding the following new section: "SEC. 348. In order to maintain and expand domestic consumption of upland cotton produced in the United States and to prevent discrimination against the domestic users of such cotton, notwithstanding any other provision of law, the Commodity Credit Corporation, under such rules and regulations as the Secretary may prescribe, is authorized and directed for the period beginning with the date of enactment of this section and ending July 31, 1966, to make payments through the issuance of payment-in-kind certificates to persons other than producers in such amounts and subject to such terms and conditions as the Secretary determines will eliminate inequities due to differences in the cost of raw cotton between domestic and foreign users of such cotton, including such payments as may be necessary to make raw cotton in inventory on the date of enactment of this section available for consumption at prices consistent with the purposes of this section: Provided, That for the period beginning August 1 of the marketing year for the first crop for which price support is made available under section 103(b) of the Agricultural Act of 1949, as amended, and ending July 31, 1966, such payments shall be made in an amount which will make upland cotton produced in the United States available for domestic use at a price which is not in excess of the price at which such cotton is made available for export."

52 Stat. 3 1. 7 USC 1281. Payment-inkind certificates, issuance.

Post,

p. 174.

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 174 7 USC 1385.

7 2 Stat. 993. 7 USC 1441 note. Research program.

Report to congressional committees. Price support levels. 72 Stat. 989. 7 USC 1444.

Post, p. 175.

Loan assistance, etc.

Ante, p. 173.

PUBLIC LAW 88-297-APR. 11, 1964

[78 STAT.

SEC. 102. Section 385 of the Agricultural Adjustment Act of 1938, as amended, is amended by adding at the end thereof the following: "This section also shall be applicable to payments provided for under section 348 of this title." SEC. 103. (a) Section 104 of the Agricultural Act of 1949, as amended, is amended by adding the following new subsection: "(c) The Secretary of Agriculture is hereby authorized and directed to conduct a special cotton research program designed to reduce the cost of producing upland cotton in the United States at the earliest practicable date. There are hereby authorized to be appropriated such sums, not to exceed $10,000,000 annually, as may be necessary for the Secretary to carry out this special research program. The Secretary shall report annually to the Committee on Agriculture of the House of Representatives and to the Committee on Agriculture and Forestry of the Senate with respect to the results of such research." (b) Section 103 of the Agricultural Act of 1949, as amended, is amended (1) by inserting " (a) " before the first sentence thereof; (2) by changing the period at the end of the second sentence thereof to a colon and adding the following: ^''Provided, That the price support for the 1964 crop shall be a national average support price which reflects 30 cents per pound for Middling one-inch cotton."; and (3) by adding at the end of such section the following new subsections: " (b) If producers have not disapproved marketing quotas, the Secretary shall provide additional price support on the 1964 and 1965 crops of upland cotton to cooperators on whose farms the acreage planted to upland cotton for harvest does not exceed the farm domestic allotment established under section 350 of the Agricultural Adjustment Act of 1938, as amended. Such additional support shall be at a level up to 15 per centum in excess of the basic level of support established under subsection (a) and shall be provided on the normal yield of the acreage planted for harvest within the farm domestic allotment. "(c) In order to keep upland cotton to the maximum extent practicable in the normal channels of trade, any additional price support under subsection (b) of this section may be carried out through the simultaneous purchase of cotton at the support price therefor under subsection (b) and the sale of such cotton at the support price therefor under subsection (a) or similar operations, including loans under which the cotton would be redeemable by payment of the amount for which the cotton would be redeemable if the loan thereon had been made at the support price for such cotton under subsection (a), or payments-in-kind through the issuance of certificates which the Commodity Credit Corporation shall redeem for cotton under regulations issued by the Secretary. If such additional support is provided through the issuance of payment-in-kind certificates, such certificates shall have a value per pound of cotton equal to the difference between the level of support established under subsection (a) and the level of support established under subsection (b). The corporation may, under regulations prescribed by the Secretary, assist the producers and persons receiving payment-in-kind certificates under this section and section 348 of the Agricultural Adjustment Act of 1938, as amended, in the marketing of such certificates at such time and in such manner as the Secretary determines will best effectuate the purposes of the program authorized by this section and such section 348. I n the case of any certificate not presented for redemption within thirty days of the date of its issuance, reasonable costs of storage and other carrying charges as determined by the Secretary for the period begin-

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ning thirty days after its issuance and ending with the date of its presentation for redemption shall be deducted from the value of the certificate." 10 54. (c) Section 401(b) of the Agricultural Act of 1949, as amended, 63uStat. 1421. 7 se is amended by striking in the second sentence thereof before " (8) " the word "and", changing the period at the end thereof to a comma and adding the following: "and (9), in the case of upland cotton, changes in the cost of producing such cotton". Sale SEC. 104. Section 407 of the Agricultural Act of 1949, as amended, ities. of commodis amended by inserting after the first proviso in the third sentence "VStat. 993 thereof the following: '•'• Provided further, That beginning August 1, ^ "^^ ^427. 1964, the Commodity Credit Corporation may sell upland cotton for unrestricted use at not less than 105 per centum of the current loan rate for such cotton under section 103(a) plus reasonable carrying ^"'e, p. 174. charges:". SEC. 105. The Agricultural Adjustment Act of 1938, as amended, "us^c'uVi is amended by adding a new section as follows: "SEC. 350. I n order to provide producers with a choice program of Acreage aiiotreduced acreage and higher price support, the Secretary shall estab- "'^^ * lish for each farm for the 1964 and 1965 crops of upland cotton a farm domestic allotment in acres. The farm domestic allotment shall be the percentage which the national domestic allotment is of the national acreage allotment established under section 344(a) applied ^^ ^^^' ^^°* as a percentage of the smaller of (1) the farm acreage allotment established under section 344, or (2) the higher acreage actually planted or regarded as planted on the farm (excluding acreage regarded as planted under sections 344(m)(2) and 377) in the two ^^^ ^'^*- 394, years preceding the year for which such allotment is established: 7 USC 1344, Provided, That any farm planting 90 per centum or more of the 13^7. allotment shall, for the purpose of (2) above, be considered as having planted the entire farm allotment: Provided further, That, except for farms the acreage allotments of which are reduced under section 344(m), the farm domestic allotment shall not be less than the smaller of 15 acres or the farm acreage allotment established under section 344, but this proviso shall be applicable to the 1964 crop without regard to the exception stated herein. The national domestic acreage allotment for any crop shall be that acreage, based upon the national average yield per acre of cotton for the four years immediately preceding the calendar year in which the national acreage allotment is proclaimed, required to make available from such crop an amount of upland cotton equal to the estimated domestic consumption for the marketing year for such crop. The Secretary shall proclaim the national domestic acreage allotment for the 1964 crop not later than April 1, 1964, and for each subsequent crop not later than December 15 of the calendar year preceding the year in which the crop is to be produced." SEC. 106. The Agricultural Adjustment Act of 1938, as amended, is l\f}n\ ^h amended as loilows: (1) The following new section is added to the Act: "SEC. 349. (a) The acreage allotment established under the pro- ac^e'^rge! ""^^^^ visions of section 344 of this Act for each farm for the 1964 crop may be supplemented by the Secretary by an acreage equal to such percentage, but not more than 10 per centum, of such acreage allotment as he determines will not increase the carryover of upland cotton at the beginning of the marketing year for the next succeeding crop above one million bales less than the carryover on the same date one year earlier, if the carryover on such earlier date exceeds eight million bales. For the 1965 crop, the Secretary may, after such hearing and investigation as he finds necessary, announce an export market acreage which

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PUBLIC LAW 88-297-APR. 11, 1964

[78 STAT.

he finds will not increase the carryover of upland cotton at the beginning of the marketing year for the next succeeding crop above one million bales less than the carryover on the same date one year earlier, if the carryover on such earlier date exceeds eight million bales. Such export market acreage shall be apportioned to the States on the basis of the State acreage allotments established under section 344 and apportioned by the States to farms receiving allotments under section 344, pursuant to regulations issued by the Secretary, after considering applications for such acreage filed with the county committee of the county in which the farm is located. The 'export market acreage' on any farm shall be the number of acres, not exceeding the maximum export market acreage for the farm established pursuant to this subsection, by which the acreage planted to cotton on the farm exceeds the farm acreage allotment. For purposes of sections 345 and 374 of 7\js^c*'i3^45** ^^^^ ^^^ ^^^ ^ provisions of any law requiring compliance with a 52 Stat. 65;' farm acreage allotment as a condition of eligibility for price support AS Q!^1* Q ^ ^ ' ^^ payments under any farm program, the farm acreage allotment for 68 Stat. 904 farms with export market acreage shall be the sum oi the farm acre7 USC 1374 age allotment established under section 344 and the maximum export market acreage. Export market acreage shall be in addition to the county, State, and National acreage allotments and shall not be taken into account in establishing future State, county, and farm acreage allotments. The provisions of this section shall not apply to extralong-staple cotton or to any farm which receives price support under Ante, p. 174. sectioH 103(b) of the Agricultural Act of 1949, as amended. " (b) The producers on any farm on which there is export market acreage or the purchasers of cotton produced thereon shall, under regulations issued by the Secretary, furnish a bond or other undertaking prescribed by the Secretary providing for the exportation, without benefit of any Government cotton export subsidy and within such period of time as the Secretary may specify, of a quantity of cotton X>roduced on the farm equal to the average yield for the farm multiplied by the export market acreage as determined pursuant to regulations issued by the Secretary. The bond or other undertaking given pursuant to this section shall provide that, upon failure to comply with the terms and conditions thereof, the person furnishing such bond or other undertaking shall be liable for liquidated damages in an amount which the Secretary determines and specifies in such undertaking will approximate the amount payable on excess cotton under section 346(a). The Secretary may, in lieu of the furnishing of a bond or other undertaking, provide for the payment of an amount equal to that which would be payable as liquidated damages under such bond or other undertaking. If such bond or other undertaking is not furnished, or if payment in lieu thereof is not made as provided herein, at such time and in the manner required by regulations of the Secretary, or if the acreage planted to cotton on the farm exceeds the farm acreage allot52 Stat. 57,203. jjient established under the provisions of section 344 by more than the maximum export market acreage, the farm acreage allotment shall be the acreage so established under section 344. Amounts collected by the Secretary under this section shall be remitted to the Commodity Credit Corporation and used by the Corporation to defray costs of encouraging export sales of cotton under section 203 of the Agriculrulc'"1853' tural Act of 1956, as amended." 7 USC 1376! (2) Section 376 of the Act is amended by adding at the end thereof the following: "This section also shall be applicable to liquidated ^3 Stat. 670, damages provided for pursuant to section 349 of this title."

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(8) Subsection (f)(8) of section 344 of the Act is amended by l^^sc'JH' inserting after the language "75 per centum of the farm allotment for such year" the following: "or, in the case of a farm which qualified for price support on the crop produced in such year under section 108(b) of the Agricultural Act of 1949, as amended, 75 per centum A"te, P- 174. of the farm domestic allotment established under section 850 for such year, whichever is smaller". (4) Section 877 of the Act is amended by inserting in the first 5^u|*c*i3^7"* proviso after the language "75 per centum or more of the farm acreage allotment for such year" the following: "or, in the case of upland cotton on a farm which qualified for price support on the crop produced in any such year under section 108(b) of the Agricultural Act of 1949, as amended, 75 per centum of the farm domestic allotment established under section 850 for any such year, whichever is smaller". 728. (5) Subsection (b) ( 1 8)(B) of section 801 of the Act is amended 54uStat. 130!. 7 se by deleting the words "cotton or". " (6) Subsection (b) (18)(G) of section 801 of the Act is amended by deleting ", cotton," wherever it appears. (7) Subsection (b)(13) of section 301 of the Act is amended by adding after subparagraph (G) new subparagraphs as follows: " (H) 'Normal yield' for any county, for any crop of cotton, formal yieid. shall be the average yield per acre of cotton for the county, adjusted for abnormal weather conditions and any significant changes in production practices during the five calendar years immediately preceding the year in which the national marketing quota for such crop is proclaimed. If for any such year the data are not available, or there is no actual yield, an appraised yield for such year, determined in accordance with regulations issued by the Secretary, shall be used as the actual yield for such year. " (I) 'Normal yield' for any farm, for any crop of cotton, shall be the average yield per acre of cotton for the farm, adjusted for abnormal weather conditions and any significant changes in production practices during the three calendar years immediately preceding the year in which such normal yield is determined. I f for any such year the data are not available, or there is no actual yield, then the normal yield for the farm shall be appraised in accordance with regulations of the Secretary, taking into consideration abnormal weather conditions, the normal yield for the county, changes in production practices, and the yield in years for which data are available." (8) Subsection (n) of section 844 of the Act is amended— ^ ^*^'- ^^^'' (A) by striking out the first sentence of such subsection and ^^7 USC \344. inserting in lieu thereof the following: "Notwithstanding any other provision of this Act, if the Secretary determines for any year that because of a natural disaster a portion of the farm cotton acreage allotments in a county cannot be timely planted or replanted in such year, he may authorize for such year the transfer of all or a part of the cotton acreage allotment for any farm in the county so affected to another farm in the county or in an adjoining county on which one or more of the producers on the farm from which the transfer is to be made will be engaged in the production of cotton and will share in the proceeds thereof, in accordance with such regulations as the Secretary may prescribe."; and (B) by striking out in the proviso in the second sentence of such subsection "1968" and inserting in lieu thereof "any year".

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PUBLIC LAW 88-297-APR. 11, 1964

[78 STAT.

TITLE II—WHEAT

f Til^n*' oi; 7 USC 1281

Special acreQZ.G r e s e r v e *

7 USC 1334,

52 Stat. 53; ^\^us*c\^334.

75 Stat. 296.

SEC. 201. Notwithstanding any other provision of law— (1) the Secretary shall not proclaim a national marketing quota for the 1965 crop of wheat and farm marketing quotas shall not be in effect for such crop of wheat; (2) the Secretary shall proclaim a national acreage allotment for the 1965 crop of wheat which shall be the number of acres which the Secretary determines will make available an adequate supply of wheat, but shall not be less than forty-nine million five hundred thousand acres. ^^^^- 202. The Agricultural Adjustment Act of 1938, as amended, is amended as follows: ^ ^ gection 334(a) is amended by inserting; "and less the special ••*••

•

• ^

^^

acreage reserve provided for m this subsection" in the first sentence after "in this subsection"; by changing the period at the end of the first sentence to a colon and adding the following: ^''Provided further, That in establishing State acreage allotments, the acreage seeded for the production of wheat plus the acreage diverted for 1965 for any farm shall be the base acreage of wheat determined for the farm under the regulations issued by the Secretary for determining farm wheat acreage allotments for such year."; and by adding at the end of the section the following: "There shall also be made available, beginning with the 1965 crop, a special acreage reserve of not in excess of one million acres as determined by the Secretary to be desirable for the purposes hereof which shall be in addition to the national acreage reserve provided for in this subsection. Such special acreage reserve shall be used to make additional allotments to counties on the basis of the relative needs of counties, as determined by the Secretary, for additional allotment to make adjustments in the alloments on old wheat farms (i.e., farms on which wheat has been seeded or regarded as seeded to one or more of the three crops immediately preceding the crop for which the allotment is established) on which the ratio of wheat acreage allotment to cropland on the farm is less than one-half the average ratio of wheat acreage allotment to cropland on old wheat farms in the county. Such adjustments shall not provide an allotment for any farm which would result in an allotment-cropland ratio for the farm in excess of one-half of such county average ratio and the total of such adjustments in any county shall not exceed the acreage made available therefor in the county. Such apportionment from the special acreage reserve shall be made only to counties where wheat is a major income-producing crop, only to farms on which there is limited opportunity for the production of an alternative income-producing crop, and only if an efficient farming operation on the farm requires the allotment of additional acreage from the special acreage reserve. For the purposes of making adjustments hereunder the cropland on the farm shall not include any land developed as cropland subsequent to the 1963 crop year." (2) Section 334(b) is amended by changing the period at the end thereof to a colon and adding the following: '•'• Provided further, That in establishing county acreage allotments, the acreage seeded for the production of wheat plus the acreage diverted for 1965 for any farm shall be the base acreage of wheat determined for the farm under the regulations issued by the Secretary for determining farm wheat acreage allotments for such year." (3) Section 334(c)(1) is amended by inserting "or 1965" in the third sentence, clauses (i) and (ii), after "1958" wherever it appears, and by inserting "except 1965" in the third sentence, clause (iii), after the language "any subsequent year".

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(4) Section 334(g) is amended by inserting "except 1965"- in the ^° ^*^*- ^^^^• first sentence after the language "in 1958 or thereafter"'. (5) Section 334 is amended by adding at the end thereof the following new subsection: Natural disas" (k) Notwithstanding any other pix)vision of this Act, if the Secretary. tary determines that because of a natural disaster a portion of the Transfers farm wheat acreage allotments in a county cannot be timely planted or replanted, he may authorize the transfer of all or a part of the wheat acreage allotment for any farm in the county so affected to another farm in the county or in an adjoining county on which one or more of the producers on the farm from which the transfer is to be made will be engaged in the production of wheat and will share in the proceeds thereof, in accordance with such regulations as the Secretary may prescribe. Any farm allotment transferred under this subsection shall be deemed to be planted on the farm from which it was transferred for the purposes of acreage history credits under this Act." (6) Section 336 is amended by striking out "not later than sixty lJr^'J^}\„M days after such proclamation is published m the i^ederal Kegister' note. and substituting "not later than August 1 of the calendar year in which such national marketing quota is proclaimed". (7) Section 339(a)(1) is amended, effective only with respect to 75 sta't.^622. the crops planted for harvest in 1964 and 1965, to read as follows: 7 USC 1339.* " (a)(1) As a condition of eligibility for wheat marketing certificates with respect to any farm, the producers on such farm shall be required to divert from the production of wheat to an approved conservation use an acreage of cropland on the farm equal to the number of acres determined by multiplying the farm acreage allotment by the diversion factor, and to participate in any program formulated under subsection (b) to the extent prescribed by the Secretary. Such diversion factor shall be determined by dividing the number of acres by which the national acreage allotment is reduced below fifty-five million acres by the number of acres in the national acreage allotment." (8) Section 339(b) is amended (1) by inserting after the first 5\j|*c**i3^3^9^* sentence the following: "Any producer who complies with his 1964 farm acreage allotment for wheat and with the other requirements of the program shall be eligible to receive payments under the program for the 1964 crop of wheat."; and (2) by inserting in the first sentence "for wheat not accompanied by marketing certificates" after "basic county support rate". (9) Section 339(h) is amended by striking out "June 30, 1963" and substituting "June 30, 1965". (10) Section 379b is amended effective only with respect to the crops 7^,1*^**13^7^9^1; planted for harvest in 1964 and 1965 to read as follows: "SEC. 379b. A wheat marketing allocation program as provided in in^'^lfoJ^tTo^n*' this subtitle shall be in effect for the marketing years for the 1964 and 1965 crops. Whenever a wheat marketing allocation program is in effect for any marketing year the Secretar;^ shall determine (1) the Avheat marketing allocation for such year which shall be the amount of wheat he estimates will be used during such year for food products for consumption in the United States and that portion of the amount of wheat which he estimates will be exported in the form of wheat or products thereof during the marketing year on which the Secretary determines that marketing certificates shall be issued to producers in order to achieve, insofar as practicable, the price and income objectives of this subtitle, and (2) the national allocation percentage for such year which shall be the percentage which the national marketing allocation is of the national marketing quota proclaimed for the 1964 crop, less the expected production on the acreage allotments for farms which will not be in compliance with the requirements of the program.

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Marketing cei^ tificates. 7 USC 1379c.

76 Stat. 622. 7 USC 1339.

Storage conditions.

PUBLIC LAW 88-297-APR. 11, 1964

[78 STAT.

Each faiTTi shall receive a wheat marketing allocation for such marketing year equal to the number of bushels obtained by multiplying the number of acres in the farm acreage allotment for wheat by the normal yield of wheat for the farm as determined by the Secretary, and multiplying the resulting number of bushels by the national allocation percentage." (11) The second sentence of section 879b, effective with respect to the crops planted for harvest in the calendar year 1966 and any subsequent year, is amended by striking out "human consumption in the United States, as food, food products, and beverages, composed wholly or partly of wheat"' and substituting "food products for consumption in the United States". (12) Section -379c(a) is amended by inserting "under section 379c(b) or" after "stored" in the second sentence; by changing the period at the end of the second sentence to a comma and adding the following: "and if this limitation operates to reduce the amount of wheat marketing certificates which would otherwise be issued with respect to the farm, such reduction shall be made first from the amount of export certificates which would otherwise be issued."; and by adding at the end of the section the following: "The Secretary shall, in accordance with such regulation as he may prescribe, provide for the issuance of domestic marketing certificates for the portion of the wheat marketing allocation representing wheat used for food products for consumption in the United States and for the issuance of export marketing certificates for the portion of the wheat iparketing allocation used for exports." (13) Section 379c(b) of the Agricultural Adjustment Act of 1938, as amended, is amended, effective only with respect to the crop planted for harvest in the calendar year 1965, by adding at the end thereof the following: "For purposes of this section, but not for purposes of diversion payments under subsection (b) of section 339, a producer shall be deemed not to have exceeded the farm acreage allotment for wheat if the acreage in excess of the farm acreage allotment does not exceed 50 per centum of the farm acreage allotment and the amount of wheat produced on the acreage in excess of the farm acreage allotment is stored in accordance with regulations issued by the Secretary. The amount of wheat required to be stored hereunder shall be an amount equal to twice the normal yield of wheat per acre established for the farm multiplied by the number of acres of such crop of wheat on the farm in excess of the farm acreage allotment for such crop unless the producer, in accordance with regulations prescribed by the Secretary and within the time prescribed therein, establishes to the satisfaction of the Secretary the actual production of such crop of wheat on the farm. If such actual production is so established, the amount of wheat required to be stored shall be such actual production less the actual production of the farm wheat acreage allotment based upon the average yield per acre for the entire wheat acreage on the farm: Provided howecer^ That the amount of wheat required to be stored shall not be larger than the amount by which the actual production so established exceeds the normal production of the farm wheat acreage allotment. A t the time and to the extent of any depletion in the amount of wheat so stored, except depletion resulting from the release of wheat from storage on account of underplanting or underproduction, as provided below or depletion resulting from some cause beyond the control of the producer, the producer shall pay an amount to the Secretary equal to one and one-half times the value of the wheat marketing certificates issued with respect to the farm for the year in which the wheat on the acreage in excess of the allotment was pro-

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Page:The Eurypterida of New York Volume 1.pdf/163

 of preoral chelicerae in place of antennae, already inferred by Schmidt, was demonstrated, [see restoration pl. 3, fig. 1]. The fifth segment of the second endognathite in the male carries a long, curved, tubular process [text fig. 32] which, by analogy with Limulus, Holm considered as a clasping organ employed during copulation. The epicoxite of the coxal segments before observed by Laurie in Slimonia and Pterygotus, was found in its proper position in Eurypterus and a circular perforation with very thin covering membrane has been observed close to the inner margin of the coxa of the fourth endognathite [see text fig. 12; pl. 7, fig. 6]. A corresponding organ in the living  was discovered by Holm on the coxae of the third and fourth endognathites near the epicoxite. On account of the structure of this organ and its position on that side of the coxa which is turned toward the outside, it was suggested that it has an auditory function. This structure has also been observed by Sarle in  [ pl. 62, fig. 5] and by the writers in   [ pl. 7, fig. 6]. A new organ was discovered, the endostoma. This consists of a small, thin, deeply emarginate shield, not clearly bounded on the sides, which formed the inner posterior margin of the mouth [ text fig. 13]. Further, the connection of the metastoma with the ventral integument of the cephalothorax by a doublure [ text fig. 14] was shown. The distinction between male and female genital appendages was clearly elaborated and the presence demonstrated of an interior paired, curved, tubular organ connected with the


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(luced. Wlienever the planted acreage of the then current crop of wheat on the farm is less than the farm acreage allotment, the total amount of wheat from any previous crops stored hereunder or stored in order to avoid or postpone a marketing quota penalty shall be reduced by that amount which is equal to the normal production of Ihe number of acres by which the farm acreage allotment exceeds the planted acreage, and whenever the actual production of the acreage of wheat is less than the normal production of the farm acreage allotment, the total amount of wheat from any previous crops stored hereunder or in order to avoid a marketing quota penalty shall be reduced by that amount which together wnth the actual production of the then current crop will equal the normal production of the farm acreage allotment."" (14) Section 379c(c) is amended to read as follows: "(c) The Secretary shall determine and proclaim for each marketing year the face value per bushel of wheat marketing certificates. The face value per bushel of domestic certificates shall be the amount by which the level of price support for wheat accompanied by domestic certificates exceeds the level of price support for wheat not accompanied by certificates (noncertificate wiieat); and the face value per bushel of export certificates shall be the amount by which the level of price support for wheat accompanied by export certificates exceeds the level of price support for noncertificate wheat."' (15) Section 379d(a) is amended (1) by striking the first and last sentences therefrom, and (2) by striking from the second sentence remaining "by persons other than the producer to whom such certificates are issued" and substituting "by any person". (16) Section 379d(b) is amended to read as follows: " (b) During any marketing year for which a wheat marketing allocation program is in effect, (i) all persons engaged in the processing of wheat into food products shall, prior to marketing any such food product or removing such food product for sale or consumption, acquire domestic marketing certificates equivalent to the number of bushels of wheat contained in such product and (ii) all persons exporting wheat shall, prior to such export, acquire export marketing certificates equivalent to the number of bushels so exported. I n order to expand international trade in wheat and wheat flour and promote equitable and stable prices therefor the Commodity Credit Corporation shall, upon the exportation from the United States of any wheat or wheat flour, make a refund to the exporter or allow him a credit against the amount payable by him for marketing certificates, in such amount as the Secretary determines will make United States wheat and wheat flour generally competitive in the world market, avoid disruption of world market prices, and fulfill the international obligations of the United States. The Secretary may exempt wheat exported for donation abroad and other noncommercial exports of wheat and wheat processed for use on the farm where grown from the requirements of this subsection. Marketing certificates shall be valid to cover only sales or removals for sale or consumption or exportations made during the marketing year with respect to which they are issued, and after being once used to cover a sale or removal for sale or consumption or export of a food product or an export of wheat shall be void and shall be disposed of in accordance with regulations prescribed by the Secretary. Notwithstanding the foregoing provisions hereof, the Secretary may require marketing certificates issued for any marketing year to be acquired to cover sales, removals, or exportations made on or after the date during the calendar year in which wheat harvested in such calendar year begins to be marketed as determined by the Secre-

181

Certificates, face value. 76 Stat. 627. 7 USC 13790.

7 USC 1379d.

Wheat. International trade, expansion. Refunds or credits for certificates.

Exemptions from requirements.

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"Food products." 76 Stat. 628. 7 USC 1379d.

Price support levels. 76 Stat. 630. 7 USC 1445a. 63 Stat. 1051. 7 USC 1441.

7 USC 1421.

63 Stat. 10 51. 7 USC 1441. "eooperator.**

76 Stat. 622. 7 USC 1339.

PUBLIC LAW 88-297-APR. 11, 1964

[78 STAT.

tary even though such wheat is marketed prior to the beginning of the marketing year, and marketing certificates for such marketing year shall be valid to cover sales, removals, or exportations made on or after the date so determined by the Secretary." (17) Section 379d(d) is amended to read as follows: " (d) As used in this subtitle, the term 'food products' means flour, semolina, farina, bulgur, beverage, and any other product composed wholly or partly of wheat which the Secretary may determine to be a food product." SEC. 208. Section 107 of the Agricultural Act of 1949, as amended, is amended to read as follows: "SEC. 107. Notwithstanding the provisions of section 101 of this Act, beginning with the 1964 crop— "(1) Price support for wheat accompanied by domestic certificates shall be at such level not less than 65 per centum or more than 90 per centum of the parity price therefor as the Secretary determines appropriate, taking into consideration the factors specified in section 401(b). " (2) Price support for wheat accompanied by export certificates shall be at such level not more than 90 per centum of the parity price therefor as the Secretary determmes appropriate, taking into consideration the factors specified in section 401(b). "(3) Price support for wheat not accompanied by marketing certificates shall be at such level, not in excess of 90 per centum of the parity price therefor, as the Secretary determines appropriate, taking into consideration competitive world prices of wheat, the feeding value of wheat in relation to feed grains, and the level at which price support is made available for feed grains. "(4) Price support shall be made available only to cooperators: and, if a commercial wheat-producing area is established for such crop, price support shall be made available only in the commercial wheat-producing area. "(5) Effective with respect to crops planted for harvest in the calendar year 1966 and any subsequent year, the level of price support for any crop of wheat for which a national marketing; quota is not proclaimed or for which marketing quotas have been disapproved by producers shall be as provided in section 101. (6) A 'eooperator' with respect to any crop of wheat produced on a farm shall be a producer who (i) does not knowingly exceed (A) the farm acreage allotment for wheat on the farm or (B) except as the Secretary may by regulation prescribe, the farm acreage allotment for wheat on any other farm on which the producer shares in the production of wheat, and (ii) complies with the land-use requirements of section 339 of the Agricultural Adjustment Act of 1938, as amended, to the extent prescribed by the Secretary. Effective with respect to crops planted for harvest in the calendar year 1966 and any subsequent year, if marketing quotas are not in effect for the crop of wheat, a 'eooperator' with respect to any crop of wheat produced on a farm shall be a producer who does not knowingly exceed the farm acreage allotment for wheat. No producer shall be deemed to have exceeded a farm acreage allotment for wheat if the entire amount of the farm marketing excess is delivered to the Secretary or stored in accordance with applicable regulations to avoid or postpone payment of the penalty, but the producer shall not be eligible to receive price support on such marketing excess. No producer shall be deemed to have exceeded the farm acreage allotment for wheat

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 78 STAT. ]

PUBLIC LAW 88-299-APR. 27, 1964

on any other farm, if such farm is exempt from the farm marketing quota for such crop under section 335. No producer shall be deemed to have exceeded a farm acreage allotment for wheat if the production on the acreage in excess of the farm acreage allotment is stored pursuant to the provisions of section 379c(b), but the producer shall not be eligible to receive price support on the wheat so stored." SEC. 204. Section 407 of the Agricultural Act of 1949, as amended, is amended, effective only with respect to the marketing years beginning in the calendar years 1964 and 1965, and by striking the second proviso from the third sentence, and substituting: ^'Provided further. That if a wheat marketing allocation program is in effect, the current support price for wheat shall be the support price for wheat not accompanied by marketing certificates." Approved April 11, 1964, 12:30 p.m.

183 76 Stat. 621. 7 USC 1335.

^ ^^^ i379c. 7\fsc*"ii27?'

Public Law 88-298 JOINT RESOLUTION I'roviding for the recojniition and endorsement of the Seventeenth International Publishers Congress.

April i7, 1964 —^^ ^

A^liereas the United States has, for the first time, been accorded the honor of receiving several hundred delegates from more than twenty countries throughout the world in May and June 1965 to participate in deliberations on the challenges and opportunities of international book and music publishing: Now, therefore, be it Resolved by the Senate arid House of Representatives of the United Seventeenth InStates of America in Congress assembled, That the C o n f e s s hereby ternational Pubextends its official welcome to the book and music publishers from irshers congress abroad who will attend the Seventeenth Congress of the International Publishers Association in Washington, District of Columbia, May 30J u n e 5, 1965, under the sponsorship of the American Book Publishers Council, Inc., and the Music Publishers Association, Inc. The President is authorized and requested to grant recognition, in such ways as he may deem proper, to the International Publishers Congress, calling upon officials and agencies of the Government to provide such assistance, facilities, and cooperation as the occasion may Avarrant. Approved April 17, 1964. Public Law 88-299 AN ACT To amend the Act entitled "An Act to organize and microfilm the papers of Presidents of the United States in the collections of the l i b r a r y of Congress."

April 27, 1964 [H. R. 8465]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress aMsembled, That the Act entitled Presidential "An Act to organize and microfilm the papers of the Presidents of the ^ISfcrofiiming, United States in the collections of the Library of Congress" (71 Stat. 368) is hereby amended by striking out section 2 by which there was ^ "^^ isinote. authorized the appropriation of a sum of $720,000 to remain available until expended and by substituting the following: "SEC, 2. There are authorized to be appropriated such amounts as Appropriation. may be necessary to carry out the provisions of this Act." Approved April 27, 1964. 31-667 0-65—15

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 184

PUBLIC LAW 88-300-APR. 29, 1964

[78 STAT.

Public Law 88-300 April 29, 1964 [S. 2394]

American-Mexic a n Chamizal Convention Act of 1964.

Investigations.

Acquisition of lands.

R e l o c a t i o n of facilities.

Maintenance.

Regulations.

Reimbursement of owners and tenants. Limitation.

AN ACT To facilitate coinpliance with the convention between the United States of America and the United Mexican States, signed August 29, 1963, 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 "American-Mexican Chamizal Convention Act of 1964." I n connection with the convention between the United States of America and the United Mexican States for the solution of the problem of the Chamizal, signed August 29, 1963, the Secretary of State, acting through the United States Commissioner, International Boundary and Water Commission, United States and Mexico, is authorized— a. to conduct technical and other investigations relating to: the demarcation or monumentation of the boundary between the United States and Mexico; flood control; water resources; sanitation and prevention of pollution; channel relocation, improvement, and stabilization; and other matters related to the new river channel. b. to acquire by donation, purchase, or condemnation, all lands required— (1) for transfer to Mexico as provided in said convention; (2) for construction of that portion of the new river channel and the adjoining levee in the territory of the United States; (3) for relocation of highways, roadways, railroads, telegraph, telephone, electric transmission lines, bridges, related facilities, and any publicly owned structure or facility, the relocation of which, in the judgment of the said Commissioner, is necessitated by the project. c. For the purpose of effecting said relocations— (1) to perform any or all work involved in said relocations; (2) to enter into contracts with the owners of properties to be relocated whereby they undertake to acquire any or all properties needed for said relocations, or undertake to perform any or all work involved in said relocations; (3) to convey or exchange properties acquired or improved by the United States under this Act or under said convention, with or without improvements, or to grant term or perpetual easements therein or thereover. SEC. 2. The United States Commissioner is authorized to construct, ojDerate, and maintain all works provided for in said convention and this Act, and to turn over the operation and maintenance of any such works to any Federal agency, or any State, county, municipality, district, or other political subdivision within which such project or works may be in whole or in part situated, upon such terms, conditions, and requirements as the Commissioner may deem appropriate. SEC. 3. The United States Commissioner, under regulations approved by the Secretary of State, and upon application of the owners and tenants of lands to be acquired by the United States to fulfill and accomplish the purposes of said convention, and to the extent administratively determined by the Commissioner to be fair and reasonable, is authorized to— a. Reimburse the owners and tenants for expenses and other losses and damages incurred by them in the process and as a direct result of such moving of themselves, their families, and their possessions as is occasioned by said acquisition: Provided, That the total of such reimbursement to the owners and tenants of any par-

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185

PUBLIC LAW 88-300-APR. 29, 1964

eel of land shall in no event exceed 25 per centum of its fair value, as determined by the Commissioner. Xo payment under this subsection shall be made unless application therefor is supported by an itemized and certified statement of the expenses, losses, and damages incurred. b. Compensate the said owners and tenants for identifiable, reasonable, and satisfactorily proved costs and losses to owners and tenants over and above those reimbursed under the foregoing subsection in the categories hereinafter provided, and for which purpose there shall be established by the Commissioner a board of examiners, consisting of such personnel employed and compensation fixed as he deems advisable, without regard to the provisions of the civil service laws and the Classification Act of 1949, as amended. Said board may hold hearings and shall examine submitted evidence and make determinations, subject to the Commissioner's approval, regarding all claims in sjiid categories as follows: (1) For properties— (a) For nonconforming abodes and minimum forms of shelter for which there are no comparable properties on the market in the city of El Paso and concerning which fair market value would be inadequate to find minimum housing of equal utility, compensation to the owner up to an amount which when added to the market value allowed for his property, including land values, would enable purchase of minimum habitable housing of similar utility in another residential section of said city. (b) For commercial properties for which there are no comparable properties on the market in or near El Paso, Texas, compensation to the owner up to an amount which, when added to the total fair market value, including the land value, would compensate the owner for the "value in use'' of the real estate to him. Such "value in use" is to be determined on the basis of replacement cost less deterioration and obsolescence in existing real estate and taking into consideration factors bearing upon income attributable to the real estate. (2) For loss in business: (a) Loss of profits directly resulting from relocation, limited to the period between termination of business in the old location and commencement of business in the new, such period not to exceed thirty days. (b^ Loss to owner resulting from inability to rent to others housing or commercial space that can be reasonably related to uncertainties arising out of the pending acquisition of the owner's property by the United States, such losses limited to those incurred after July 18, 1963, and prior to the making by the United States of a firm offer to purchase. (3) For penalty costs to property oMiiers for prepayment of mortgages incident to acquisition of the properties by the United States. SEC. 4. Application for reimbursement or compensation under section 3 of this Act shall be submitted to the Commissioner within either one year from the date of acquisition or the date of vacating the premises by the applicant, whichever date is later. Applications not submitted within said period shall be forever barred. SEC. 5. The Commissioner, in rendering an award in favor of any claimant under section 3 of this Act, may, as part of such award, determine and allow reasonable attorneys' fees which shall not exceed 10 per centum of the amount awarded, to be paid out of but not in

Board of exam-

Claims. 63 Stat. 954. 5 USC 1071 note.

Abodes.

Commercial properties.

Business losses.

Penalty costs.

Compensation. Time limitation.

Attorneys' fees. Limitation.

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 186 Penalty.

Duplicate payments. Prohibition.

Exclusions from gross income.

Definitions. Exemption.

Appropriation.

64 Stat. 847.

PUBLIC LAW 88-301-APR. 30, 1964

[78 STAT.

addition to the amount of award, to the attorneys representing the claimant. Any attorney who charges, demands, receives, or collects for services rendered in connection with such claim any amount in excess of that allowed by the terms of this section, if award be made, shall be fined not more than $2,000 or imprisoned not more than one year, or both. SEC. 6. Payments to be made as herein provided shall be in addition to, but not in duplication of, any payments that may otherwise be authorized by law. The means employed to acquire the property, whether by condemnation or otherwise, shall not aifect eligibility for reimbursement or compensation under this Act. Nothing contained in this Act shall be construed as creating any legal right or cause of action against the United States or as precluding the exercise by the Government of the right of eminent domain or any other right or power that it may have under this or any other law; nor shall this Act be construed as precluding an owner or tenant from asserting any rights he may have under other laws or the Constitution of the United States. SEC. 7. No amount received as an award under subsection a. and subsections b. (1) and (3) of section 3 of this Act shall be included in gross income for purposes of chapter 1 of the Internal Revenue Code of 1954 (26 U.S.C. 1 et seq.). However, amounts received under subsection b. (1) shall be included in gross income to the extent that such amounts are not used within one year of the receipt thereof to purchase replacement housing or facilities. SEC. 8. As used in this Act, the term "land"' shall include interests in land, and the term "fair value" shall mean fair value of the interest acquired. The provisions of this Act shall be exempt from the operations of the Administrative Procedure Act of June 11, 1946 (60 Stat. 237), as amended (5 U.S.C. 1001-1011). SEC. 9. There are authorized to be appropriated to the Department of State for the use of the United States section of said Commission not to exceed $44,900,000 to carry out the provisions of said convention and this Act and for transfer to other Federal agencies to accomplish by them or other proper agency relocation of their facilities necessitated by the project. Of the appropriations authorized by this section, not to exceed $4,200,000 may be used to carry out the provisions of section 3 of this Act. The provisions of section 103 of the AmericanMexican Treaty Act of 1950 (22 U.S.C. 277d-3) are hereby expressly extended to apply to the carrying out of the provisions of said convention and this Act. Approved April 29, 1964. Public Law 88-301

April 30, 1964 [S. 1565]

Indians, sale of timber. Unallotted lands.

AN ACT To amend the Act of June 25, 1910 (36 Stat. So?: 2o U.S.C. 406, 407), w i t h resiject to the sale of Indian timber.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That sections 7 and 8 of the Act of June 25, 1910 (36 Stat. 857: 25 U.S.C. 406, 407), are amended to read as follows: "SEC. 7. The timber on unallotted lands of any Indian reservation may be sold in accordance with the principles of sustained yield, or in order to convert the land to a more desirable use, under regulations to be prescribed by the Secretary of the Interior, and the proceeds

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 78 STAT. ]

PUBLIC LAW 88-301-APR. 30, 1964

187

from such sales, after deductions for administrative expenses pursuant to the Act of February 14, 1920, as amended (25 U.S.C. 413), shall be used for the benefit of the Indians who are member's of the tribe or tribes concerned in such manner as he may direct, "SEC. 8. (a) The timber on any Indian land held under a trust or ,

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.

i i i j i

other patent contamnig restrictions on alienations may be sold by the owner or owners with the consent of the Secretary of the Interior, and the proceeds from such sales, after deductions for administrative expenses to the extent permissible under the Act of February 14, 1920, as amended (25 U.S.C. 413), shall be paid to the owner or owners or disposed of for their benefit under regulations to be prescribed by the Secretary of the Interior. I t is the intention of Congress that a deduc-

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,

,

.

.

,

,

.

'

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I

^7 Stat. MI?. AUotments held under trust.

deductions for administrative ex-

tion for administrative expenses may be made in any case unless the penses. deduction would violate a treaty obligation or amount to a taking of private property for public use without just compensation in violation of the fifth amendment to the Constitution. Sales of timber under this subsection shall be based upon.a consideration of the needs and best interests of the Indian owner and his heirs. The Secretary shall take into consideration, among other things, (1) the state of growth of the timber and the need for maintaining the productive capacity of the land for the benefit of the owner and his heirs, (2) the highest and best use of the land, including the advisability and practicality of devoting it to other uses for the benefit of the owner and his heirs, and (3) the present and future financial needs of the owner and his heirs. " (b) Upon the request of the owners of a majority Indian interest in tg^"^^^'^^'^'"" land in which any undivided interest is held under a trust or other patent containing restrictions on alienations, the Secretary of the Interior is authorized to sell all undivided Indian trust or restricted interests in any part of the timber on such land. "(c) Upon the request of the owner of an undivided but unrestricted te^"T^*"''*^'^'"" interest in land in which there are trust or restricted Indian interests, the Secretary of the Interior is authorized to include such unrestricted interest in a sale of the trust or restricted Indian interests in timber sold pursuant to this section, and to perform any functions required of him by the contract of sale for both the restricted and the unrestricted interests, including the collection and disbursement of payments for timber and the deduction from such payments of sums in lieu of administrative expenses. " (d) For the purposes of this Act, the Secretary of the Interior is Representation authorized to represent any Indian owner (1) who is a minor, (2) oth'^rs"" ^""^ who has been adjudicated non compos mentis, (3) whose ownership interest in a decedent's estate has not been determined, or (4) who cannot be located by the Secretary after a reasonable and diligent search and the giving of notice by publication. "(e) The timber on any Indian land held under a t m s t or other ^ Emergency patent containing restrictions on alienations may be sold by the Secretary of the Interior without the consent of the owners when in his judgment such action is necessary to prevent loss of values resulting from fire, insects, disease, windthrow, or other natural catastrophes. " (f) A change from a trust or restricted status to an unrestricted ^^'^^^^^^ '" status of any interest in timber that has been sold pursuant to this section shall not affect the obligations of the Secretary of the Interior under any contract of sale that is in effect at the time such change in status occurs." Approved April 30, 1964.

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 188

PUBLIC LAW 88-302-APR. 30, 1964

[78 STAT.

Public Law 88-302 April 30, 1964 [S. 2111]

Colorado River Indian Reservation. R e a l property. Fixing of ownership.

"Tribes."

" C o l o r a d o River Reservation."

T r i b a l membet*' ship.

Condition.

25 USC 70-70V.

AN ACT To tix the beneficial ownership of the Colorado River Indian Reservation located in the States of Arizona and California. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, for the purpose of fixing the beneficial ownership of real property interests in the Colorado River Reservation now occupied by the Colorado River Indian Tribes, its members, and certain Indian colonists, all right, title, and interest of the United States in the unallotted lands of the Colorado River Reservation, including water rights and mineral rights therein, together with all improvements located thereon and appurtenant thereto, except improvements placed on the land by assignees or by Indian colonists, and except improvements furnished by the United States for administrative purposes (including irrigation facilities) or for the housing of Federal employees, are hereby declared to be tribal property held in trust by the United States for the use and benefit of the Colorado River Indian Tribes of the Colorado River Reservation. SEC. 2. For the pui^wse of this Act: (a) "Tribes"' means the Colorado River Indian Tribes of the Colorado River Reservation, with a constitution adopted pursuant to the Indian Reorganization Act of June 18, 1934 (48 Stat. 984; 25 U.S.C. 461 et seq.), as said constitution now exists or may hereafter be amended, consisting of a band of the Mohave Indians, the band of Chemehuevi Indians affiliated therewith, and various Indians heretofore or hereafter adopted by the Colorado River Indian Tribes. (b) "Colorado River Reservation" means the reservation for Indian use established by the Act of March 3, 1865 (13 Stat. 559), as modified and further defined by Executive orders of November 22, 1873, November 16, 1874, May 15, 1876, and November 22, 1915, all of which area shall be deemed to constitute said reservation. SEC. 3. Any person of Indian blood, his spouse of Indian blood (excluding persons whose Indian blood is traceable solely to Indian tribes, bands, or groups not resident in or subject to the jurisdiction of the United States), and any dependent child of either or both of them, who is not a member of the tribes on the date of this Act, and who has settled on irrigated lands of the Colorado River Reservation through application for a settler's land permit and who is still holding such lands by virtue of the authority of a temporary land use permit issued by or under the authority of the tribes or the Federal Government, shall be deemed to be adopted by the tribes if within two years from the date of this Act he files with the tribal council a statement accepting membership in the tribes and renouncing membership in any other tribe, band, or group. Such statement may be filed on behalf of a dependent child by either parent or by a person standing in loco parentis. SEC. 4. This Act shall become effective upon the agreement of the tribes to abandon the claims now pending in docket numbered 185 and in docket numbered 283A before the Indian Claims Commission under the Act of August 13, 1946 (60 Stat. 1049), and the dismissal of said claims by the Indian Claims Commission. Nothing in this Act shall affect or be taken into consideration in the adjudication of, or with respect to, any other claims now pending by the tribes against the United States.

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 78 STAT. ]

PUBLIC LAW 88-304-APR. 30, 1964

SEC. 5. The Act of June 11, 1960 (74 Stat. 199), as amended by the Act of September 5, 1962 (76 Stat. 428), is amended to read as follows: lands on the Colorado River Indian Eeservation, Arizona and California, for such uses and terms as are authorized by the Act of May 11, 1938 (52 Stat. 347; 25 U.S.C. 396a et seq.), and the Act of August 9, 1955 (69 Stat. 539), as amended (25 U.S.C. 415 et seq.), including the same uses and terms as are permitted thereby on the Agua Caliente (Palm Springs), Dania, !Navajo and Southern Ute Reservations: Provided, however. That the authorization herein granted to the Secretary of the Interior shall not extend to any lands lying west of the present course of the Colorado River and south of section 25 of township 2 south, range 23 east, San Bernardino base and meridian in California, and shall not be construed to ati'ect the resolution of any controversy over the location of the boundary of the Colorado River Reservation: Provided further, That any of the described lands in California shall be subject to the provisions of this Act when and if determined to be witliin the reservation.'' Approved April 30, 1964.
 * 'The Secretary of the Interior is authorized to approve leases of

189

Leases. Approval.

Provisos.

Public Law 88-303 AN ACT To provide that the United States shall hold certain land in trust for the members of the Alamo Band of Puertocito Navajo Indians.

April 30, 1964 ^^' ^^^^^

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) all right, ajo"indians*° ^^^' title, and interest of the Laiited States in and to those lands lying Aiamo Band. M'ithin the Alamo Navajo community area. New Mexico, more partic- ^s"'^ ^^^'^'" ularly described in subsection (b) of this section and the improvements thereon, are hereby declared to be held in trust by the United States for the use of the members of the Alamo Band of Puertocito Navajo Indians, subject to the right of the United States to use said lands and improvements located thereon for administrative purposes. (b) Lot 3 and the southeast quarter northwest quarter of section 6, township 2 north, range 6 west, New Mexico principal meridian, and improvements located thereon. SEC. 2. The Indian Claims Commission is directed to determine in offset claim. accordance with the provisions of section 2 of the Act of August 13, 1946 (60 Stat. 1050), the extent to which the value of the title conveyed 25 USC 70a. by this Act should or should not be set off against any claim against the United States determined by the Commission. Approved April 30, 1964. Public Law 88-304 AN ACT To authorize the transfer of the Piegan u n i t of the Blackfeet Indian irrigation project, Montana, to the landowners within the unit.

April 30, 1964 ^^' ^^^^^

Be it enacted by the Senate and House of Representatives of the Blackf tIndian Vnited States of America in Congress assembled, That the Secretary irrigatione eproject. of the Interior is authorized to convey all of the right, title, and inter- Montana! est of the United States in the facilities of the Piegan unit of the conveyance Blackfeet Indian irrigation project, located in township 31 north, ranges 8 and 9 west, Montana principal meridian, including but not limited to easements, rights-of-way, canals, laterals, drains, structures

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