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Page:United States Statutes at Large Volume 90 Part 1.djvu/355

 PUBLIC LAW 94-258—APR. 5, 1976 at least thirty days after the Secretary of the Interior has provided the Attorney General with a copy of the proposed contract and such other information as may be appropriate to determine legal sufficiency and possible violations under, or inconsistencies with, the antitrust laws. If, within such thirty day period, the Attorney General advises the Secretary of the Interior that any such contract would unduly restrict competition or be inconsistent with the antitrust laws, then the Secretary of the Interior may not execute that contract; (2) shall submit to the Committees on Interior and Insular Affairs of the Senate and the House of Representatives any new plans or substantial amendments to ongoing plans for the exploration of the reserve. All such plans or amendments submitted to such committees pursuant to this section shall contain a report by the Attorney General of the United States with respect to the anticipated effects of such plans or amendments on competition. Such plans or amendments shall not be implemented until sixty days after they have been submitted to such committees; and (3) shall report annually to the Committees on Interior and Insular Affairs of the Senate and the House of Representatives on the progress of, and future plans for, exploration of the reserve. (e) Until the reserve is transferred to the jurisdiction of the Secretary of the Interior, the Secretary of the Navy is authorized to develop and continue operation of the South Barrow gas field, or such other fields as may be necessary, to supply gas at reasonable and equitable rates to the native village of Barrow, and other communities and installatiors at or near Point Barrow, Alaska, and to installations of the Department of Defense and other agencies of the United States located at or near Point Barrow, Alaska. After such transfer, the Secretary of the Interior shall take such actions as may be necessary to continue such service to such village, communities, installations, and agencies at reasonable and equitable rates.

90 STAT. 305

Plans, submittal to congressional committees. Report by Attorney General.

Report to congressional committees.

STUDY OF THE RESERVE

SEC. 105. (a) Section 164 of the Energy Policv and Conservation Act (89 Stat. 871, 889), is hereby amended by deleting in the first sentence "to the Congress" and by inserting in lieu thereof "to the Committees on Interior and Insular Affairs of the Senate and House of Representatives". (b)(1) The President shall direct such Executive departments and/ or agencies as he may deem appropriate to conduct a study, in consultation with representatives of the State of Alaska, to determine the best overall procedures to be used in the development, production, transportation, and distribution of petroleum resources in the reserve. Such study shall include, but shall not be limited to, a consideration of— (A) the alternative procedures for accomplishing the development, production, transportation, and distribution of the petroleum resources from the reserve, and (B) the economic and environmental consequences of such alternative procedures. (2) The President shall make semiannual progress reports on the implementation of this subsection to the Committees on Interior and Insular Affairs of the Senate and the House of Representatives beginning not later than six months after the date of the enactment of this Act and shall, not later than one year after the transfer of jurisdiction of the reserve, and annually thereafter, report any findings or

42 USC 6244.

42 USC 6505.

Report to congressional committees.

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 90 STAT. 306

42 USC 6505.

Report to con§ committees.

PUBLIC LAW 94-258—APR. 5, 1976 conclusions developed as a result of such study together with appropriate supporting data and such recommendations as he deems desirable. The study shall be completed and submitted to such committees, together with recommended procedures and any proposed legislation necessary to implement such procedures not later than January 1, 1980. (c)(1) The Secretary of the Interior shall establish a task force to conduct a study to determine the values of, and best uses for, the lands contained in the reserve, taking into consideration (A) the natives Avho live or depend upon such lands, (B) the scenic, historical, recreational, fish and wildlife, and wilderness values, (C) mineral potential, and (D) other values of such lands. (2) Such task force shall be composed of representatives from the government of Alaska, the Arctic slope native community, and such offices and bureaus of the Department of the Interior as the Secretary of the Interior deems appropriate, including, but not limited to, the Bureau of Land Management, the United States Fish and Wildlife Service, the United States Geological Survey, and the Bureau of Mines. (3) The Secretary of the Interior shall submit a report, together with the concurring or dissenting views, if any, of any non-Federal representatives of the task force, of the results of such study to the Committees on Interior and Insular Affairs of the Senate and the House of Representatives within three years after the date of enactment of this title and shall include in such report his recommendations with respect to the value, best use, and appropriate designation of the lands referred to in paragraph (1). ANTITRUST PROVISIONS

42 USC 6506. Post, p. 309.

SEC. 106. Unless otherwise provided by Act of Congress, whenever development leading to production of petroleum is authorized, the provisions of subsections (g), (h), and (i) of section 7430 of title 10, United States Code, shall be deemed applicable to the Secretary of the Interior with respect to rules and regulations, plans of development and amendments thereto, and contracts and operatir.g agreements. All plans and proposals submitted to the Congress under this title or pursuant to legislation authorizing development leading to production shall contain a report by the Attorney General of the United States on the anticipated effects upon competition of such plans and proposals. AUTHORIZATION FOR APPROPRIATIONS

42 USC 6507.

SEC. 107. (a) There are authorized to be appropriated to the Department of the Interior such sums as may be necessary to carry out the provisions of this title. Community (b) If the Secretary of the Interior determines that there is an municipal immediate and substantial increase in the need for municipal services services and and facilities in communities located on or near the reserve as a direct facilities, Federal result of the exploration and study activities authorized by this title financial and that an unfair and excessive financial burden will be incurred by assistance. such communities as a result of the increased need for such services and facilities, then he is authorized to assist such communities in meeting the costs of providing increased municipal services and facilities. The Secretary of the Interior shall carry out the provisions of this section through existing Federal programs and he shall consult with the heads of the departments or agencies of the Federal Government concerned with the type of services and facilities for which financial assistance is being made available.

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


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Page:United States Statutes at Large Volume 90 Part 1.djvu/357

 PUBLIC LAW 94-258—APR. 5, 1976 TITLE II—NAVAL PETROLEUM

90 STAT. 307

RESP:RVES

SEC. 201. Chapter 641 of title 10, United States Code, is amended as ' follows: (1) Immediately before section 7421 insert the following new section: "§ 7420. Definitions 10 USC 7420. "(a) In this chapter— "(1) 'national defense'includes the needs of, and the planning and preparedness to meet, essential defense, industrial, and military emergency energy requirements relative to the national safety, welfare, and economy, particularly resulting from foreign military or economic actions; "(2) 'naval petroleum reserves'means the naval petroleum and oil shale reserves established by this chapter, including Naval Petroleum Reserve Numbered 1 (Elk Hills), located in Kern County, California, established by Executive order of the President, dated September 2, 1912; Naval Petroleum Reserve Numbered 2 (Buena Vista), located in Kern County, California, established by Executive order of the President, dated December 13, 1912; Naval Petroleum Reserve Numbered 3 (Teapot Dome), located in Wyoming, established by Executive order of the President, dated April 30, 1915; Naval Petroleum Reserve Num^ bered 4, Alaska, established by Executive order of the President, dated February 27, 1923 (until redesignated as the National Petroleum Reserve in Alaska under the jurisdiction of the Secretary of the Interior as provided in the Naval Petroleum Reserves Production Act of 1976); Oil Shale Reserve Numbered 1, located in Colorado, established by P^xecutive order of the President, dated December 6, 1916, as amended by Executive order dated June 12, 1919; Oil Shale Reserve Numbered 2, located in I'tah, established by Executive order of the President, dated December 6, 1916; and Oil Shale Reserve Numbered 3, located in Colorado, established by Executive order of the President, dated September 27, 1924; "(3) 'petroleum' includes crude oil, gases (including natural gas), natural gasoline, and other related hydrocarbons, oil shale, and the products of any of such resources; "(4) 'Secretary'means the Secretary of the Navy; "(5) 'small refiner' means an owner of a refinery or refineries (including refineries not in operation) who qualifies as a small business refiner under the rules and regulations of the Small Business Administration; and "(6) 'maximum efficient rate' means the maximum sustainable daily oil or gas rate from a reservoir which will permit economic development and depletion of that reservoir without detriment to the ultimate recovery.". (2) Section 7421(a) is amended— 10 IJSC 7421. (A) by striking out "of the Navy"; (B) by striking out "and oil shale"; (C) by striking out "for naval purposes" and inserting in lieu thereof "for national defense purposes"; and (D) by striking out "vsection 7438 hereof and inserting in lieu thereof "this chapter". (3) The text of section 7422 is amended to read as follows: 10 USC 7422. " (a) The Secretary, directly or by contract, lease, or otherwise, shall explore, prospect, conserve, develop*, use, and operate the naval petroleum reserves in his discretion, subject to the provisions of subsection

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Page:United States Statutes at Large Volume 90 Part 1.djvu/358

 90 STAT. 308

'

'''*:•'

Investigation. Report to Congress.

PUBLIC LAW 94-258—APR. 5, 1976 (c) and the other provisions of this chapter; except that no petroleum leases shall be granted at Naval Petroleum Reserves Numbered 1 and 3. "(b) Except as otherwise provided in this chapter, particularly subsection (c) of this section, the naval petroleum reserves shall be used and operated for— "(1) the protection, conservation, maintenance, and testing of those reserves; or "(2) the production of petroleum whenever and to the extent that the Secretary, with the approval of the President, finds that such production is needed for national defense purposes and the production is authorized by a joint resolution of Congress. "(c)(1) In administering Naval Petroleum Reserves Numbered 1, 2, and 3, the Secretary is authorized and directed— "(A) to further explore, develop, and operate such reserves; "(B) commencing within ninety days after the date of enactment of the Naval Petroleum Reserves Production Act of 1976, to produce such reserves at the maximum efficient rate consistent with sound engineering practices for a period not to exceed six years after the date of enactment of such Act; "(C) during such production period or any extension thereof to sell or otherwise dispose of the United States share of such petroleum produced from such reserves as hereinafter provided; and "(D) to construct, acquire, or contract for the use of storage and shipping facilities on and off the reserves and pipelines and associated facilities on and off the reserves for transporting petroleum from such reserves to the points where the production from .«?uch reserves will be refined or shipped. Any pipeline in the vicinity of a naval petroleum reserve not otherwise operated as a common carrier may be acquired by the Secretary by condemnation, if necessary, if the owner thereof refuses to accept, convey, and transport without discrimiation and at reasonable rates any petroleum produced at such reserve. With the approval of the Secretary, rights-of-way for new pipelines and associated facilities may be acquired by the exercise of the right of eminent domain in the appropriate United States district court. Such rights-of-way may be acquired in the manner set forth in the Act of February 26, 1931, chapter 307 (46_ Stat. 1421; 40 U.S.C. 258(a)), and the prospective holder of the right-of-Avay is 'the authority empowered by law to acquire the lands' within the meaning of that Act. Such new pipelines shall accept, convey, and transport without discrimination and at reasonable rates any petroleum produced at such reserves as a common carrier. Pipelines and associated facilities constructed at or procured for Naval Petroleum Reserve Numbered 1 pursuant to this subsection shall have ade<iuate capacity to accommodate not less than three hundred fifty thousand barrels of oil per day and shall be fully operable as soon as possible, but not later than three years after the date of enactment of the Naval Petroleum Reserves Production Act of 1976. "(2) At the conclusion of the six-year production period authorized by paragraph (1)(B) of this subsection the President may extend the period of production in the case of any naval petroleum reserve for additional peiiods of not to exceed three years each— "(A) after the President requires an investigation to be made, in the case of each extension, to determine the necessity for continued production from such naval petroleum reserve; "(B) after the President submits to the Congress, at least one hundred eighty days prior to the expiration of the current production period prescribed by this section, or any extension thereof,

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Page:United States Statutes at Large Volume 90 Part 1.djvu/359

 PUBLIC LAW 94-258—APR. 5, 1976 a copy of the report made to him on such investigation together with a certification by him that continued production from such naval petroleum reserve is in the national interest; and "(C) if neither House of Congress within ninety days after receipt of such report and certification adopts a resolution disapproving further production from such naval petroleum reserve. "(3) The production authorization set forth in paragraph (1)(B) of this subsection, in the case of Naval Petroleum Reserve Numbered 1, is conditioned upon the private owner of any lands or interests therein within such reserve agreeing with the Secretary to continue operations of such reserve under a unitized plan contract which adequately protects the public interest; however, if such agreement is not reached within ninety days after the date of enactment of the Naval Petroleum Reserves Production Act of 1976 the Secretary is authorized to exercise the authority for condemnation conferred by section 7425 of this chapter.". (4) The first sentence of section 7423 is amended by deleting "of the Navy" and "or products". (5) Section 7424 is amended— (A) by deleting "of the Navy" in the text of subsection (a) preceding clause (i); (B) by deleting "and oil shale" in subsection (a)(1) in the text preceding subclause (A); and (C) by deleting "in the ground" in clause (1)(A) of subsection (a). (6) Section 7425 is amended by deleting "of the Navy". (7) Section 7426(a) is amended by striking out "the Secretary of the Navy" and inserting in lieu thereof "Subject to the provisions of section 7422(c), the Secretary". (8) The first and second sentences of section 7427 are amended by striking out "of the Navy". (9) Section 7428 is amended by striking out "within the naval petroleum and oil shale reserves shall contain a provision authorizing the Secretary of the Navy" and inserting in lieu thereof "within Naval Petroleum Reserve Numbered 2 and the oil shale reserves shall contain a provision authorizing the Secretary". (10) The first sentence of section 7429 is amended by deleting "of the Navy". (11) The text of section 7430 is amended to read as follows: "(a) In administering the naval petroleum reserves under this chapter, the Secretary shall use, store, or sell the petroleum produced from the naval petroleum reserves and lands covered by joint, unit, or other cooperative plans. "(b) Notwithstanding any other provision of law, each sale of the United States share of petroleum shall be made by the Secretary at public sale to the highest qualified bidder, for periods of not more than one year, at such time, in such amounts, and after such advertising as the Secretary considers proper and without regard to Federal, State, or local regulations controlling sales or allocation of petroleum products. "(c) In no event shall the Secretary permit the award of any contract which would result in any person obtaining control, directly or indirectly, over more than 20 per centum of the estimated annual United States share of petroleum produced from Naval Petroleum Reserve Numbered 1. "(d) Each proposal for sale under this title shall provide that the terms of every sale of the United States share of petroleum from the naval petroleum reserves shall be so structured as to give full and

90 STAT. 309

10 USC 7423. 10 USC 7424.

10 USC 7425. 10 USC 7426. 10 USC 7427. 10 USC 7428.

10 USC 7429. 10 USC 7430.

Public sale.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/360

 90 STAT. 310

50 USC app. 2401 note.

Waiver. Ante, p. 307. Post, p. 311. Rules and regulations.

Contract or operating agreement, notification.

PUBLIC LAW 94-258—APR. 5, 1976 equal opportunity for the acquisition of petroleum by all interested persons, including major and independent oil producers and refiners alike. When the Secretary, in consultation with the Secretary of the Interior, determines that the public interests will be served by the sale of petroleum to small refiners not having their own adequate sources of supply of petroleum, the Secretary is authorized and directed to set aside a portion of the United States share of petroleum produced for sale to such refiners under the provisions of this section for processing or use in such refineries, except that— "(1) none of the.production sold to small refiners may be resold in kind; "(2) production must be sold at a cost of not less than the prevailing local market price of comparable petroleum; "(3) the set-aside portion may not exceed 25 per centum of the estimated annual United States share of the total production from all producing naval petroleum reserves; and "(4) notwithstanding the provisions of subsection (b) of this section, the Secretary may, at his discretion if he deems it to be in the public interest, prorate such petroleum among such refiners for sale, without competition, at not less than the prevailing local market price of comparable petroleum. "(e) Any petroleum produced from the naval petroleum reserves, except such petroleum which is either exchanged in similar quantities for convenience or increased efficiency of transportation with persons or the government of an adjacent foreign state, or which is temporarily exported for convenience or increased efficiency of transportation across parts of an adjacent foreign state and reenters the United States, shall be subject to all of the limitations and licensing requirements of the Export Administration Act of 1969 (83 Stat. 841) and, in addition, before any petroleum subject to this section may be exported under the limitations and licensing requirement and penalty and enforcement provisions of the Export Administration Act of 1969, the President must make and publish an express finding that such exports will not diminish the total quality or quantity of petroleum available to the United States and that such exports are in the national interest and are in accord with the Export Administration Act of 1969. "(f) During the period of production or any extension thereof authorized by section 7422(c), the consultation and approval requirements of section 7431(a)(3) are waived. "(g)(1) Prior to the promulgation of any rules and regulations, plans of development and amendments thereto, and in the entering and making of contracts and operating agreements relating to the development, production, or sale of petroleurii in or from the reserves, the Secretary shall consult with and give due consideration to the views of the Attorney General of the United States with respect to matters which may affect competition. "(2) No contract or operating agreement may be made, issued, or executed under this chapter until at least thirty days after the Secretary notifies the Attorney General of the proposed contract or operating agreement. Such notification shall contain such information as the Attorney General may require in order to advise the Secretary as to whether such contract or operating agreement may create or maintain a situation inconsistent with the antitrust laws. If, within such thirty day period, the Attorney General advises the Secretary that a contract or operating agreement may create or maintain a situation inconsistent with the antitrust laws, then the Secretary may not make, issue, or execute that contract or operating agreement.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/361

 PUBLIC LAW 94-258—APR. 5, 1976 " ( l i) Nothing in this chapter shall be deemed to confer on any person immunity from civil or criminal liability, or to create defenses to actions, under the antitrust laws. " (i) As used in this section, the term 'antitrust laws' means— " (1) the Act entitled 'An Act to protect trade and commerce against unlawful restraints and monopolies', approved July 2, 1890 (15 U.S.C. 1 et seq.), as amended; " (2) the Act entitled 'An Act to supplement existing laws against unlawful restraints and monopolies, and for other purposes', approved October 15, 1914 (15 U.S.O. 12 et seq.), as amended; " (3) the Federal Trade Commission Act (15 U.S.C. 41 et seq.), as amended; " (4) sections 73 and 74 of the Act entitled 'An Act to reduce taxation, to provide revenue for the Government, and for other purposes', approved August 27, 1894 (15 U.S.C. 8 and 9), as amended; or " (5) sections 2, 3, and 4 of the Act of June 19, 1936, chapter 592 (15 U.S.C. 13a, 13b, and 21a). " (j) Any pipeline which accepts, conveys, or transports any petroleum produced from Naval Petroleum Reserves Numbered 1 or Numbered 3 shall accept, convey, and traiispoit without discrimination and at reasonable rates any such petroleum as a common carrier insofar as petroleum from such reserves is concerned. Every contract entered into by the Secretary for the sale of any petroleum owned by the United States which is produced from such reserves shall contain provisions implementing the requirements of the preceding sentence if the contractor owns a controlling interest in any pipeline or any company operating any pipeline, or is the operator of any pipeline, which carries any petroleum produced from such naval petroleum reserves. The Secretary may promulgate rules and regulations for the purpose of carrying out the provisions of this section and he, or the Secretary of the Interior where the authority extends to him, may declare forfeit any contract, operating agreement, right-of-way, permit, or easement held by any person violating any such rule or regulation. This section shall not apply to any natural gas connnon carrier pipeline operated by any perSon subject to legulation under the Natural Gas Act or any public utility subject to regulation by a State or municipal regulatory agency having jurisdiction to regulate the rates and charges for the sale of natural gas to consumers within the State or municipality. " (k) The President may, at his discretion, direct that all or any part of the United States share of petroleum produced from the naval petroleum reserves be placed in strategic storage facilities as authorized by sections 151 through 166 of the Energy Policy and Conservation Act or that all or any part of such share be exchanged for petroleum of equal value for the purpose of placing such petroleum in such strategic storage facilities.". (12) Section 7431 is amended— (A) by inserting " (a) " immediately before " The Committees"; (B) by striking out "or oil shale" in clauses (1) and (2); (C) by striking out "and oil shale" in clauses (2) and (3); (D) by striking out "oil and gas (other than royalty oil and g a s), oil shale, and products therefrom" in clause (3) and inserting in lieu thereof "petroleum (other than royalty oil and g a s) "; and (E) by add i ng at the end thereof the following new subsections: " (b)(1) l) u r i n g the period of pi"oduction authorized by section

90 STAT. 311

'Antitrust laws.

Rules and regulations. '

'

15 USC 717w

42 USC 6231-6246. 10 USC 7431.

Plans, submittal to congressional committees.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/362

 90 STAT. 312 Ante, p. 307. '

-

Reports to congressional committees.

^

10 USC 7432. _•

,;.

10 USC 7433.

' '

'

'

PUBLIC LAW 94-258~APR. 5, 1976 7422(c), the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives any new plans or substantial amendments to ongoing plans for the exploration, development, and production of the naval petroleum reserves. " (2) All plans or substantial amendments submitted to the Congress pursuant to this section shall contain a report by the Attorney General of the United States with respect to the anticipated effects of such plans or amendments on competition. Such plans or amendments shall not 'be implemented until sixty days after such plans or amendments have been submitted to such committees. "(c) During the period of production authorized by section 7422(c), the Secretary shall submit annual reports as of the first day of the fiscal year to the Committees on Ai-med Services of the Sienate and the House of Representatives, and such committees shall cause such reports to be printed as a Senate or House document, as appropriate. The Secretary shall include in such reports, with respect to each naval petroleum reserve, an explanation in detail of the following: " (1) the status of the exploration, development, and production programs; "(2) the production that has been achieved, including the disposition of such production and the proceeds realized therefrom; "(3) the status of pipeline construction and procurement and problems related to the availability of transportation facilities; "(4) a summary of future plans for exploration, development, production, disposal, and transportation of the production from the naval petroleum reserves; and "(5) such other information regarding the reserve as the Secretary deems appropriate.''. (13) Section 7432 is amended to read as follows: "(a) There is hereby established on the books of the Treasury Department a special account designated as the 'naval petroleum reserves special account'. There shall be credited to such account— "(1) all proceeds realized under this chapter from the disposition of the United States share of petroleum; "(2) the net proceeds, if any, realized from sales or exchanges within the Department of Defense of refined petroleum products accruing to the benefit of any component of that department as the result of any such sales or exchanges; "(3) such additional sums as may be appropriated for the maintenance, operation, exploration, development, and production of the naval petroleum reserves; "(4) such royalties as may accrue under the provisions of section 7433; and "(5) any other revenues resulting from the operation of the naval petroleum reserves. "(b) Funds available in the naval petroleum reserve special account shall be available for expenditure in such sums as are specified in annual appropriations Acts for the expenses of— "(1) exploration, prospecting, conservation, development, use, operation, and production of the naval petroleum reserves as authorized by this chapter; "(2) production (including preparation for production) as authorized by this chapter, or as may hereafter be authorized; " (3) the construction and operation of facilities both within and outside the naval petroleum reserves incident to the production and the delivery of petroleum, including pipelines and shipping terminals;
 * § 7432. Naval petroleum reserves special account

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 PUBLIC LAW 94-258—APR. 5, 1976

90 STAT. 313

"(4) the procurement of petroleum for, and the construction and operation of facilities associated with, the Strategic Petroleum Reserve authorized by sections 151 through 166 of the Energy Policy and Conservation Act; and "(5) the exploration and study of the National Petroleum Reserve in Alaska as authorized in title I of the Naval Petroleum Reserves Production Act of 1976. "(c) The budget estimates for annual appropriations from the naval petroleum reserves special account shall be prepared by the Secretary and shall be presented to the Congress by the President independently of the budget of the Department of t i e Navy and the Department of Defense. "(d) Contracts under this chapter providing for the obligation of funds may be entered into by the Secretary for a period of five years, renewable, at the option of the Secretary, for an additional five-year period; however, such contracts may obligate funds only to the extent that such funds are made available in annual appropriations.". (14) Section 7433(a) is amended by striking out "of the Navy". (15) Section 7433(b) is amended by striking out "and oil shale". (16) Section 74.34 is amended by striking out "and oil shale". (17) Section 7435(b) is amended by striking out "of the Navy". (18) Section 7436(a) is amended by deleting "of the Navy, subject to approval of the President,". (19) Section 7438 is amended by striking out "Secretary of tl:e Interior" wherever it occurs and inserting therefor "Administrator of the Energy Research and Development Administration"; and by striking out "of the Navy" wherever it occurs. (20) The table of sections at the beginning of such chapter is amended— (A) by inserting immediately before "7421. Jurisdiction and control."

the following: "7420. DefinitiOTis."

(B) by striking out: "7432. Expenditures; appropriations chargeable." and inserting in lieu thereof the following: "7432. Naval petroleum reserve special account."

.

Approved April 5, 1976.

LEGISLATIVE HISTORY: HOUSE REPORTS: No. 94-81 Pts. I, 2, 3 (Comm. on Interior and Insular Affairs) and No. 94-156 accompanying H.R. 5919 (Comm. on Armed Services) and No. 94-942 (Comm. of eonference). SENATE REPORTS: No. 94-327 accompanying S. 2173 (Comm. on Armed Services) and No. 94-708 (Comm. of eonference). CONGRESSIONAL RECORD: Vol. 121 (1975): July 8, considered and passed House. July 28, S. 2173 consiclered in Senate. July 29, considered and passed Senate, amended, in lieu of S. 2173. Vol. 122 (1976): Mar. 24, Senate agreed to conference report. Mar. 31, House agreed to conference report. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS: Vol. 12, No. 15 (1976): Apr. 5, Presidential statement.

42 USC 6231-6246. Ante, p. 303. Budget estimates, presentation to Congress.

Contracts.

10 USC 7433. 10 USC 7434. 10 USC 7435. 10 USC 7436. 10 USC 7438.

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 90 STAT. 314

PUBLIC LAW 94-259—APR. 5, 1976

Public Law 94-259 94th Congress An Act Apr. 5, 1976 [H.R. 6346]

Rural development and small farm research and education. Appropriation authorization.

7 USC 2042.

To extend the authorization of appropriations for carrying out title V of the Rural Development Act of 1972, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That subsection (a) of section 503 of the Rural Development Act of 1972 (7 XJ.S.C. 2663(a)) is amended— (1) by striking out the word "is" and inserting in lieu thereof "are"; (2) by striking out the word "and"; and (3) by changing the period at the end thereof to a comma, and adding the following: "not to exceed $5,000,000 for the period July 1, 1976, through September 30, 1976, and not to exceed $20,000,000 for each of the three fiscal years during the period beginning October 1, 1976, and ending September 30, 1979.". SEC. 2. Subsection (b) of section 3 of the Farm Labor Contractor Registration Act of 1963, 78 Stat. 920, as amended (7 U.S.C. 20412055), is amended— (1) by striking the word "or" at the end of paragraph (6); (2) by striking the period at the end of paragraph (7) and inserting in lieu thereof a semicolon; and (3) by adding at the end thereof a new paragraph (8) as follows: "(8) any custom combine, hay harvesting, or sheep shearing operation.". Approved April 5, 1976.

LEGISLATIVE HISTORY: HOUSE REPORT No. 94-441 (Coram, on Agriculture). SENATE REPORT No. 94-706 (Comm. on Agriculture and Forestry). CONGRESSIONAL RECORD: Vol. 121 (1975): Nov. 7, considered and passed House. Vol. 122 (1976): Mar. 23, considered and passed Senate, amended. Mar. 24, House concurred in Senate amendments. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS: Vol. 12, No. 15 (1976): Apr. 5, Presidential statement.

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 PUBLIC LAW 94-260—APR. 8, 1976

90 STAT. 315

Public Law 94-260 94th Congress An Act To amend chapter IX of the Bankruptcy Act to provide by voluntary reorganization procedures for the adjustment of the debts of municipalities.

Apr. 8, 1976 [H.R. 10624]

Whereas the Congress finds and declares this Act and proceedings thereunder providing for the composition of indebtedness of, or authorized by, municipalities to be within the subject of bankruptcies under article I, section 8, clause 4 of the United States u s e prec. title 1. Constitution; and Whereas the Congress finds that the impracticability of existing Federal bankruptcy remedies for use by municipalities increases the likelihood of their default and will aggravate the adverse effects thereof; and Whereas the Congress finds that the financial disruptions and dislocations resulting from default of such municipalities without availability of a Federal procedure to restructure their indebtedness in such fashion as to avoid continuing insolvency would have a substantial adverse effect on interstate commerce within the meaning of article I, section 8, clause 3 of the United States Constitution, by reason of the commercial importance of the municipalities involved. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That chapter IX Bankruptcy Act, amendments. of the Bankruptcy Act is amended to read as follows: 11 USC 401

"CHAPTER

IX

et seq.

"ADJUSTMENT OF DEBTS OF POLITICAL SUBDIVISIONS AND PUBLIC AGENCIES. AND INSTRUMENTALITIES "SEC.

81. CHAPTER IX DEFINITIONS.—As used in this chapter the 11 USC 401,

term— "(1) 'claim' includes all claims of whatever character against the petitioner or the property of the petitioner, whether or not such claims are provable under section 63 of this Act and whether 11 USC 103. secured or unsecured, liquidated or unliquidated as to amount, fixed or contingent; "(2) 'court' means court of bankruptcy in which the case is pending, or a judge of such court; "(3) 'creditor' means holder (including the United States, a State, or political subdivision or public agency or instrumentality of a State) of a claim against the petitioner; "(4) 'claim affected by the plan' means claim as to which the rights of its holder are proposed to be materially and adversely adjusted or modified by the plan; "(5) 'debt' means claim allowable under section 88(a); "(6) 'lien' means security interest in property, lien obtained on property by levy, sequestration, or other legal or equitable process, statutory or common law lien on property, or any other variety of charge against property to secure the performance of an obligation;

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 90 STAT. 316

i'

11 USC 402.

Notice and hearing.

Notice and hearing.

11 USC 403.

PUBLIC LAW 94-260—APR. 8, 1976 " (7) 'person' includes a corporation o r a partnership, the United States, the several States, and political subdivisions and public agencies and instrumentalities of the several States; " (8) 'petitioner' means agency, instrumentality, or subdivision which has filed a petition under this chapter; " (9) 'plan' means plan filed under section 90; "(10) 'special tax payer' means record owner or holder of title, legal or equitable, to real estate against which has been levied a special assessment or special tax the proceeds of which are the sole source of payment of obligations issued by the petitioner to defray the costs of local improvements; and "(11) 'special tax payer affected by the plan' means special tax payer with respect to whose real estate the plan proposes to increase the proportion of special assessments or special taxes referred to in paragraph (10) of this section assessed against that real estate. " SEC. 82. JURISDICTION AND POWERS OF COUKT.—

" (a) JURISDICTION.—The court in which a petition is filed under this chapter shall exercise exclusive original jurisdiction for the adjustment of the petitioner's debts, and for the purposes of this chapter, shall have exclusive jurisdiction of the petitioner and its property, wherever located. " (b) POWERS.—After the filing of a petition under this chapter the court may— " (1) permit the petitioner to reject executory contracts and unexpired leases of the petitioner, after hearing on notice to the parties to such contracts leases and to such other parties in interest as the court may designate; " (2) during the pendency of a case under this chapter, or after the confirmation of the plan if the court has retained jurisdiction under section 9 6 (e), after hearing on such notice as the court may prescribe and for cause shown, permit the issuance of certificates of indebtedness for such consideration as is approved by the court, upon such terms and conditions, and with such security and priority in payment over existing obligations, secured or unsecured, and over costs and expenses of administration, not including operating expenses of the petitioner, as in the particular case may be equitable; and " (3) exercise such other powers as a r e not inconsistent with the provisions of this chapter. " (c) LIMITATION.—Unless the petitioner consents or the plan so provides, the court shall not, by any stay, order or decree, in the case or otherwise, interfere with— " (1) any of the political o r governmental powers of the petitioner; " (2) any of the property or revenues of the petitioner; or " (3) the petitioner's use or enjoyment of any income-producing property. " (d) DESIGNATION o r JUDGE.—After the filing of a petition, the chief judge of the court in the district in which the petition is filed shall immediately notify the chief judge of the circuit court of appeals of the circuit in which the district court is located, who shall designate the judge of the district court to conduct the proceedings under this chapter. " SEC. 83. RESERVATION OF STATE POWER TO CONTROL GOVERNMENTAL FUNCTIONS OF POLITICAL SUBDIVISIONS.—Nothing contained in t h i s

chapter shall be construed to limit or impair the power of any State

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90 STAT. 317

to control, by legislation or otherwise, any municipality or any political subdivision of or in suoh. State in the exercise of its political or governmental powers, including expenditures therefor: Provided, howeveryTh&t no State law prescribing a method of composition of indebtedness of such agencies shall be binding upon any creditor who does not consent to such composition, and no judgment shall be entered under such State law which would bind a creditor to such composition without his consent. "SEC. 84. ELIGIBILITY TOR RELIEF,—Any State's political subdivision 11 USC 404. or public agency or instrumentality, which is generally authorized to file a petition under this chapter by the legislature, or by a governmental officer or organization empowered by Stata law to authorize the filing of a petition, is eligible for relief under this chapter if it is insolvent or unable to meet its debts as they mature, and desires to effect a plan to adjust its debts. An entity is not eligible for relief under this Conditions. chapter unless— "(1) it has successfully negotiated a plan of adjustment of its debts with creditors holding at least a majority in amount of the claims of each class which are claims affected by that plan; "(2) it has negotiated in good faith with its creditors and has failed to obtain, with respect to a plan of adjustment of its debts, the agreement of creditors holding at least a majority in amount of the claims of each class which are claims affected by that plan; "(3) such negotiation is impracticable; or "(4) it has a reasonable fear that a creditor may attempt to obtain a preference. "SEC. 85. PETITION AND PROCEEDINGS RELATING TO PETITION.— 11 USC 405. "(a) PETITION,—An entity eligible under section 84 may file a petition for relief under this chapter. In the case of an unincorporated tax or special assessment district having no officials of its own, the petition may be filed by its governing authority or the board or body having authority to levy taxes or assessments to meet the obligations of the district. Any party in interest may file an answer to the petition Notice, with the court, not later than 15 days after the publication of notice publication. required by subsection (d) is completed, objecting to the filing of the petition. Upon the filing of such an answer, the court may dismiss the Notice and petition after hearing on notice if the petitioner did not file the petition hearing. in good faith, or if the petition does not meet the requirements of this chapter. The court shall not, on account of an appeal from a finding of jurisdiction, delay any proO/Ceding under this chapter in ih^ case in which the appeal is being taken; nor shall any court order a stay of such proceeding pending such appeal. The reversal on appeal of a finding of jurisdiction shall not affect the validity of any certificate of indebtedness authorized by the court and issued in such case. " (b) LIST.—The petitioner shall file with the court a list of the petitioner's creditors, insofar as practicable. The list shall include for each known creditor, to the extent practicable, the name of the creditor, the address of the creditor so far as known to the petitioner, and a description of any claim of the creditor, showing the amount and character of the claim, the nature of any security for the claim, and whether the claim is disputed, contingent or unliquidated as to amount. If an identification of any of the petitioner's creditors is impracticable, the petitioner shall state the reason such identification is impracticable and the character of the claims of the creditors involved. The petitioner shall supplement the list afi creditors who were unknown or unidentified at the time the list was filed become known or identified to the petitioner. If the list is not filed with the petition, the petitioner shall file the list at such later time as the court, upon its own motion or upon application of the petitioner, sets.

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90 STAT. 318

Publication in newspapers. i:.

7 r

"(c) VENUE AND FEES.—The petition and any accompanying papers, together with a filing fee of $100, shall be filed with a court in a district in which the petitioner is located. "(d) NOTICE.—The petitioner or such other person as the court designates shall ^ive notice of the filing or dismissal of the petition to the State in which the petitioner is located, to the Securities and Exchange Commission, and to creditors included in the list of creditors required by subsection (b) or in any supplement to that list. The notice shall also state that a creditor who files with the court a request, setting forth that creditor's name and address and the nature and amount of that creditor's claim, shall be given notice of any other matter in which that creditor has a direct and substantial interest. The notice required \)y Jio first sentence of this subsection shall be published at least once a week for three successive weeks in at least one newspaper of general circulation published within the jurisdiction of the court, and in such other papers having a general circulation among bond dealers and bondholders as may be designated by the court. The court may require that it be published in such other publication as the court deems proper. The court shall require that a copy of the notice required by the first sentence of this subsection be mailed, postage prepaid, to each creditor named in the list required by subsection (b) at the address of such creditor given in the list, or, if no address is given in the list for a creditor and the address of such creditor cannot with reasonable diligence be ascertained, then a copy of the notice may, if the court so determines, be mailed, postage prepaid, to such creditor addressed as the court may prescribe. All expense of giving notice required by this subsection shall be paid by the petitioner, unless the court for good cause determines that the cost of notice in a particular instance should be borne by another party. The notice shall be first published as soon as practicable after the filing of the petition, and the mailing of copies of the notice shall be completed as soon as practicable after the filing of the list required by subsection (b). "(e)

i !

Hearing.

STAY OF ENFORCEMENT OF CLAIMS AGAINST PETITIONER.— "(1) EFFECT OF FILING A PETITION.—A petition filed under this

chapter shall operate as a stay of the commencement or the continuation of any judicial or other proceeding against the petitioner, its property, or an officer or inhabitant of the petitioner, which seeks to enforce any claim against the petitioner, or of an act or the commencement or continuation of a judicial or other proceeding which seeks to enforce a lien upon the property of the petitioner or a lien on or arising out of taxes or assessments due the petitioner, and shall operate as a sta}' of the enforcement of any set-off or counterclaim relating to a contract, debt, or obligation of the petitioner. " (2) DURATION OP AUTOMATIC STAY.—Except as it may be terminated, annulled, modified, or conditioned by the court under the terms of this subsection, the stay provided for in this subsection shall continue until the case is closed or dismissed, or the property subject to the lien is, with the approval of the court, abandoned or transferred. "(3) RELIEF FROM AUTOMATIC STAY.—Upon the filing of a complaint seeking relief from a stay provided for by this section, the court shall set a hearing for the earliest possible date. The court may, for cause shown, terminate, annul, modify, or condition such stay.

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 PUBLIC LAW 94-260—APR. 8, 1976

9 0 STAT. 3 1 9

" (4) OTHER STATS.—The commencement or continuation of any

other act o r proceeding may be stayed, restrained, or enjoined by the court, upon notice to each person against whom such order would apply, and for cause shown. The court may issue a n order under this paragraph without requiring the i^etitioner to give security as a condition to that order. "(f)

U x E N r O R C E A B I L I T Y OF CERTAIN CONTRACTUAL PROVISIONS.

A

provision i n a contract or lease, or in any law applicable to such a contract or lease, which terminates or modifies, or permits a party other than the petitioner to terminate or modify, the contract or lease because of the insolvency of the petitioner or the commencement of a case under this chapter is not enforceaVjle if any defaults in p r i o r performance of the petitioner are cured and adequate assurance of f uture performance is provided. " (g) RECOVERY OF SET-OFF.—Any set-off which relates to a contract, debt, or obligation of the petitioner and which set-off was effected within ft?'ir months prior to the filing of the petition, is voidable and recoverable by the petitioner after hearing on notice. The court may require as a condition to recovery that the petitioner furnish adequate protection for the realization by the person against whom or which recovery is sought of the claim which arises by reason of the recovery. " (h) AVOIDING POWERS.—Sections 60a, 60c, 67a, 67d, 70c, 70e (1), and

70e(2), and the first three sentences of section 60b shall apply in cases H USC 96, 107, under this chapter as though the petitioner were the b a n k r u p t, debtor, m * or trustee. I f the petitioner refuses to pursue a cause of action under a section or sentence made applicable to this chapter by this subsection, the court may, upon the application of any creditor, appoint a trustee to pursue such cause of action. " SEC. 86. REPRESENTATION OF CREDITORS.— " (a) REPRESENTATION AND DISCLOSURE.—Any creditor nuiy act in

that creditor's own behalf or by an attorney or a dul}'authorized agent or committee. E v e r y person, not including governmental entities, representing more than one creditor shall file with the court a list of the creditors represented by such perso)i, giving the name and address of each such creditor, together with a statement of the amount, class, and character of the claim held by that creditor, and siiall attach to the list a copy of the instrument signed by the holder of such claim showing such person'.^ authority, and shall file with the list a copy of the contract or agreement entered into between such person and the creditors represented by that person. Such person shall disclose all compensation incident to the case, received or to be received, directly or indirectly, by that person. That compensation shall be subject to modification and approval by the court. " (b) M U L T I P L E COMPENSATION.—The court shall examine all of the

contracts, pi-oposals, acceptances, deposit agreements, and all other papers relating to the plan, specifically for the purpose of ascertaining if any person, not including governmental entities, promoting the plan, or doing anything of such a nature, has been or is to be compensated, directly or indirectly, by both the petitioner and any of its creditors, and shall take evidence under oath to determine whether any such compensation has occurred or is to occur. After such examination the court shall make an adjudication of this issue, and if it be found that any such compensation has occuired or is to occur, the court shall dismiss the petition and tax all of the costs against the person promoting the plan or doing any t h i n g of such a nature and receiving such

-194 O—78—pt. 1

24

H USC 406.

'

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 9 0 STAT. 3 2 0

PUBLIC LAW 94-260—APR. 8, 1976 multiple compensation, or against the petitioner, unless such plan is modified, within the time to be allowed by the court, so as to eliminate the possibility of such compensation, i n which event the court may proceed to further consideration of the confirmation of the plan.

11 USC 407.

"SEC.

87. REFERENCE, E X P E N S E S, AND JOINT ADMINISTRATION.—

" (a) REFERENCE.—The court may refer any special issue of fact to a referee in bankruptcy for consideration, the taking of testimony, and a report upon such special issue of fact, if the court finds that the condition of its docket is such that it cannot take such testimony without unduly delaying the dispatch of other business pending in the court, and if i t appears that such special issue is necessary to the determination of the case. A reference to a referee in bankruptcy shall be the exception and not the rule. The court shall not make a general reference of the case, b u t may only request findings of specific facts. " (b) EXPENSES.—The court may allow reasonable compensation for the actual and necessary expenses incurred i n connection with the case, including compensation for services rendered and expenses incurred in obtaining the deposit of securities and the preparation of the plan, whether such work has been done by the petitioner or by a representative of creditors, and may allow reasonable compensation for a n attorney or agent of any of them. N o fee, compensation, reimbursement, or other allowances for an attorney, agent, or representative of creditors shall be assessed against the petitioner or paid from any revenues, property, or funds of the petitioner except in the manner and in such sums, if any, as may be provided for in the plan. A n appeal may be taken from any order allowing compensation to the United States court, of appeals for the circuit in which the case under this chapter is pending, independently of any other appeal which may be taken in the case. The court of appeals shall hear and determine such appeal summarily. " (c) JOINT ADMINISTRATION.—If t w o or more p e t i t i o n s by related

entities a r e pending in the same court, the court may order joint administration of the cases. 11 USC 408.

Written notice.

Hearing and notice.

" SEC. 88. C L A I M S. — " (a) ALLOWANCE OF CLAIMS.—In the absence of an objection by a

party in interest, or of a filing of a proof of claim, the claim of a creditor that is not disputed, contingent, or unliquidated as to anioimt, and that appears in the list or in a supplement to the list filed by the petitioner under section 85(b) shall be deemed allowed. The court may set a date by which proofs of other claims shall be filed. I f the court does not set a date, such proofs of other claims shall be filed before the entry of an order confirming the plan. W i t h i n t h i r t y days after the filing by tl^ie petitioner of the list or any supplement to the list under section 85(b), the court shall give written notice to each person whose claim is listed as disputed, contingent, or unliquidated as to amount, informing each such person that a proof of claim must be filed with the court within the time fixed under this subsection. I f there is no objection to such claim, the claim shall be deemed allowed. I f there is an objection, the court shall hear and determine the objection. " (b) CLASSIFICATION OF CREDITORS.—The court shall designate classes of creditors whose claims a r e of substantially similar character and the members of which enjoy substantially similar rights, consistent with the provisions of section 89, except that the court may create a separate class of creditors h a v i n g unsecured claims of less than $250 for reasons of administrative convenience. I f there is a controversy over the classification of a creditor, the court shall, after hearing on notice, summarily determine such controversy.

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 90 STAT. 321

PUBLIC LAW 94-260—APR. 8, 1976 "(c)

DAMAGES UPON REJECTION OP EXECUTORY CONTRACTS.—If

an

executory contract or a n unexpired lease is rejected under the plan or under section 8 2 (b), any person injured by such rejection may assert a claim against the petitioner. The rejection of an executory contract or unexpired lease constitutes a breach of the contract or lease as of the date of the commencement of the case under this chapter. The claim of a landlord for injury resulting from the rejection of an imexpired lease of real estate or for damages or indemnity under a convenant contained in such lease shall be allowed, b u t shall be limited to an amount not to exceed the rent, without acceleration, reserved by such lease for the year next succeeding the dat« of the surrender of the premises to the landlord or the date of reentry of the landlord, whichever first occurs, whether before or after the filing of the petition, plus u n p a i d accrued rent, without acceleration, u p to the date of such surrender or reentry. The court, shall scrutinize the circumstances of an assignment of a future rent claim and the amount of the consideration paid for such assignment i n determining the amount of damages allowed the assignee of that claim. " SEC. 89. PRIORITIES.—The following shall be paid in full in advance i l USC 409. of any distribution to creditors under the plan, in the following o r d e r: " (1) The costs and expenses of administration which a r e incurred subsequent to the filing of a petition under this chapter. " (2) Debts owed for services or materials actually provided within three months before the date of the filing of the petition under this chapter. " (3) Debts owing to any person, which by the laws of the United States (other than this Act) are entitled to priority. " SEC. 90. F I L I N G AND TRANSMISSION OF P L A N AND MODIFICATIONS.— H USC 410.

" (a) F I L I N G. — The petitioner shall file a plan for the adjustment of the petitioner's debts. I f such plan is not filed with the petition, the petitioner shall file the plan a t such later time as the court, upon its own motion or upon application of the petitioner, sets. A t any time prior to the confirmation of a plan, the petitioner, or any creditor, if the petitioner has consented in writing to the modification to he filed by the creditor, may file a modification of the p l a n; b u t the modification shall comply with the provisions of this chapter. " (b) TRANSMISSION OF PLAN AND MODIFICATIONS.—As soon as prac-

ticable after the plan or any modification of the plan has been filed, the court shall set a time, which shall be ninety days from the filing of the p l a n or any modification of the plan, unless the court, for good cause, sets some other time, within which creditors may accept or reject the plan and any modification of the plan. The petitioner or such other person as the court designates shall transmit by mail a copy of such plan or modification, or a summary and any analysis of such plan or modification, a notice of the time within which the plan or modification may be accepted or rejected, and a notice of the right to receive a copy, if i t has not been sent, of such plan or modification, to each creditor whose claim is affected by the plan, to each special tax payer affected by the plan, and to any party in interest that the court designates. Upon request by a rexjipient of such summary and notice, the petitioner or such other person as the court designates shall transmit by mail a copy of the plan or modification to that recipient. The court Notice and shall, after hearing on notice, determine any controversy as to whether hearing, a claim of a creditor o r class of creditors is a claim affected by the plan and as to whether a special tax payer is a special tax payer affected by the plan.

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 90 STAT. 322 11 USC 411.

11 USC 412.

Notice.

11 USC 413.

PUBLIC LAW 94-260~APR. 8, 1976 " SEC. 91. PROVISIONS OF P L A N. — A petitioner's p l a n may include provisions modifying or altering the r i g h t s of creditors generally, or of any class of them, secured or unsecured, either through issuance of new securities of any character, or otherwise, and may contain such other provisions and agreements not inconsistent with t h i s chapter as the parties may desire, including provisions for the rejection of any executory contract or unexpired lease. " SEC. 92. AccErTANCE.— " (a) W H O MAT ACCEPT OR REJECT.—Unless a claim of a creditor who is included in the list or in a supplement to the list filed under section 85(b) or who files a proof of claim and whose claim is not then disputed, contingent, or unliquidated as to amount, or of a security holder of re-cord as of the date of the transmittal of infomiation under section 9 0 (b), has been disallowed or is not a claim affected by the plan, that creditor or security holder may accept or reject the plan and any modification of the plan within the time set by the court. Notwithstanding an objection to a claim, the court mnj temporarily allow such claim in such amount as the court deems proper for the purpose of acceptance or rejection under this section. " (b) GENERAL RULE.—Except as provided in subsection (d), the plan may be confirmed only if it has been accepted in writing by or on behalf of creditors holding a t least two-thirds in amount of the claims of each class allowed under section 88 and more than 50 percent in number of the claims of each class allowed under section 88. " (e) COMPLYING ACCEPTANCE.—The two-thirds majority required by sul)section (b) is two-thirds in amount of the claims allowed under section 88 of creditors who file an acceptance or rejection within the time fixed by the court, but not including claims held or controlled by the petitioner, or claims of creditors specified in subsection (d). The more than 50 perccrit required by subsection (b) is more than 50 percent in number of the claims allowed under section 88 of creditors who file ail acceptance or rejection within the time fixed by the court, but not including claims held or controlled by the f)etitioner, or claims of creditors specified in subsection (d). " (d) P^xcEPTiON.—It is not requisite to the confirmation of the plan that there be such acceptance by any creditor or class of creditors— " (1) whose claims are not affected by the p l a n; " (2) if the plan makes provision for the payment of their claims in cash in full; or " (8) if provision is made in the plan for the protection of the interests, claims, or lien of such creditor or class of creditors. " (e) ACCEPTANCE o r MODIFICATION.—If the court finds that a proposed modification does not materially and adversely affect the interest of a creditor, the modification shall be deemed accc]Dted by that creditor if that creditor has pre^-iously accepted the plan. If the court determines that a modification does materially and adversely affect the interest of a creditor, that creditor shall be given notice of the proposed modification and the time allowed for its acceptance or rejection. I'he number of acceptances of the plan as modified required by subsection (b) shall be obtained. The plan as modified shall be deemed to have been accepted by any creditor who accepted the plan and who fails to file a written rejection of the modification with the court within such reasonable time as shall be allowed in the notice to that creditor of the proposed modification. " SEC. 93. OP..TECTION TO P L A N. — A creditor who holds a claim affected by the plan or a special tax payer affected by the plan may file with the court an objection to the confirmation of the plan. The Securities

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 PUBLIC LAW 9 4 - 2 6 0 — A P R. 8, 1976

90 STAT. 3 2 3

and Exchange Commission may also file with the court an objection to the confirmation of the plan, b u t i n the case of a n objecticm filed under this section, the Securities and Exchange Commission may not appeal or file any petition for appeal. A n objection to the confirmation of the plan may be filed with the court any time p r i o r to ten days before the hearing on the confirmation of the plan, or within such other times set by the court. " S E C 94. CONFIRMATION.—

11 USC 414.

" (a) H E A R I N G ON CONFIRMATION.—Within a reasonable time after

the expiration of the time set by the court within which the plan and any modifications of the plan may be accepted or rejected, the court shall hold a hearing on the confirmation of the plan and any modifications of the plan. The court shall give notice of the hearing and of Notice. the time allowed for filing objections to all parties entitled to object under section 93. The court may, for cause shown, permit a labor union or employees' association, that represents employees of the petitioner, to be heard on the economic soundness of the plan affecting the interests of the represented employees. " (b) CONDITIONS FOR CONFIRMATION.—The court shall confirm the

l)]an if— " (1) the plan is fair and equitable and feasible and does not discriminate unfairly in favor of any creditor or class of creditors; " (2) the plan complies with the provisions of this chapter; " (3) the plan has been accepted as required by section 9 2; " (4) all amounts to be paid by the petitioner or by any person, not including other governmental entities, for services and expenses in the case or incident to the plan have been fully disclosed and are reasonable; " (5) the offer of the phm and its acceptance are in good f a i t h; and " (6) the petitioner is not prohibited by law from taking any action necessary to be taken by it to carry out the plan. " SEC. 95. E F F E C T OF C O N F I R M A T I O N. — " (a) PROVISIONS OF PLAN RINDING.—The provisions of a confirmed

plan shall be binding on the petitioner and on an^' creditor who h a d timely notice or actual knowledge of the petition or plan, whether o r not such creditor's claim lias been allowed under section 88, and whether or not such creditor has accepted the plan, " ^ b) DISCHARGE,—

" (1) The petitioner is discharged from all claims against it provided for in the plan except as provided in paragraph (2) of this subsection as of the time when— " (A) the plan has been confirmed; " (B) the petitioner has deposited the money, securities, or other consideration to be distributed under the plan with a disbursing agent appointed by the court; and " (C) the court has determined— " (i) that any security so deposited will constitute upon distribution a valid legal obligation of the petitioner; and " ( i i) that any provision made to pay or secure payment of such obligation is valid. " (2) The petitioner is not discharged under paragraph (1) of this subsection from any claim— " (A) excepted from discharge by the plan o r order confirming the p l a n; or " (B) whose holder, prior to confirmation, h a d neither timely notice n o r actual knowledge of neither the petition n o r the plan.

11 USC 415.

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 9 0 STAT. 3 2 4 11 USC 416.

PUBLIC LAW 9 4 - 2 6 0 - - A P R. 8, 1976 " SEC. 96. POSTCONFIRMATTON MATTERS.— " (a) T I M E ALLOWED FOR DEPOSIT UNDER THE P L A N. — P r i o r to o r

promptly after confirmation of the plan, the court shall fix a time within which the petitioner shall deposit with the disbursing agent appointed by the court any consideration to be distributed under the plan. " (b) DUTIES OF PETITIONER.—The petitioner shall comply with the plan and the orders of the court relative to the plan, and shall take all actions necessary to c any out the plan. The court may direct the petitioner and other necessary parties to execute and deliver or to ]oin in the execution and delivery of any instniment required to effect a transfer of property under the plan and to perform such other acts including the satisfaction of a lien, as the court determines to be necessary for the consummation of the plan. " (c) DISTRIBUTION.—Distribution shall be made in accordance with the provisions of the plan to creditors whose claims have been allowed under section 88. Distribution may be made a t the date the order confirming the plan becomes final to holders of securities of record whose claims have not been disallowed. " (d) COMPLIANCE DATE.—Vhen a plan requires presentment or surrender of securities or the performance of any other action as a condition to participation under the plan, such action shall be taken not later than five years after the entry of the order of confirmation. A person who has not within such time presented or surrendered that person'^ securities or taken such other action required by the plan shall not participate in any distribution under the plan, and the cx)nsid6ration deposited with the disbursing agent for distribution to such person shall become the property of the petitioner. " (e) CONTINUING JURISDICTION.—The court may retain jurisdiction over the case for such period of time as the court determines is necessary for the succe^ful execution of the plan. "(f)

ORDER OR DECREE AS EVIDENCE AND NOTICE.—A certified copy of

any order o r decree entered by the court in a case under this chapter shall be evidence of the jurisdiction of the court, the regularity of the proceedings, and the fact that the order was made. A certified copy of an order providing for the transfer of any property dealt with by the plan shall be evidence of the transfer of title accordingly, and, if recorded as conveyances are recorded, shall i m part the same notice that a deed, if recorded, would impart. 11 USC 417.

" SEC. 97. E F F E C T OF EXCHANGE OF D E B T SECURITIES BEFORE D A T E

OF THE P E T I T I O N. — The exchange of new debt securities under the plan for claims covered by the plan, whether the exchange occurred before or after the date of the petition, does not limit or impair the effectiveness of the plan or of any provision of this chapter. The written consents of the holders of any securities outstanding as the result of any such exchange under the plan shall be included as acceptances of such plan in computing the acceptance required under section 92.

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 PUBLIC LAW 94-260—APR. 8, 1976 "SEC.

98. D I S M I S S A L. —

90 STAT. 325 H USC 418.

" (a) PERMISSIVE DISMISSAL.—The court may dismiss the case after hearing on notice— Ul) for w a n t of prosecution; " (2) if no plan is proposed within the time fixed or extended by the court; " (3) if no proposed plan is accepted within the time fixed or extended by the c o u r t; or " (4) where the court has retained jurisdiction after confirmation of a plan— " (A) if the petitioner defaults in any of the terms of the p l a n; or " (B) if a plan terminates by reason of the happening of a condition specified therein. " (b) MANDATORY DISMISSAL.—The court shall dismiss the case if confirmation is refused.". SEC. 2. SEPARABILITY,—If any provision of this chapter or the appli- H USC 401 note, cation thereof to any agency, instrumentality, or subdivision is held invalid, the remainder of the chapter, or the application of such provision to any other agency or instrumentality or political subdivision shall not be affected by such holding. SEC. 3. I f the amendment made by this Act is judicially finally deter- 11 USC 401 note, mined to be unconstitutional then chapter IX of the B a n k r u p t c y Act, H USC 401 as such chapter IX existed on the day before the date of enactment ^* *«?'• of this Act, is revived and shall have full force and effect with respect to cases filed after such determination. Approved April 8, 1976.

LEGISLATIVE HISTORY: HOUSE REPORTS: No. 94-686 (Comm. on the Judiciary) and No. 94-938 (Comm. of Conference). SENATE REPORT No. 94-458 accompanying S. 2597 (Comm. on the Judiciary). CONGRESSIONAL RECORD: VoL 121 (1975): Dec. 9, S. 2597 considered in Senate; considered and passed House. Dec. 10, considered and passed Senate, amended, in lieu of S. 2597. VoL 122 (1976): Mar. 25, House receded and concurred in Senate amendments ' with amendments; Senate agreed to conference report, concurred in House amendments.

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 90 STAT. 326

PUBLIC LAW 94-261—APR. 11, 1976

Public Law 94- 261 94th Congress An Act Apr. 11. 1976 [S. 3060]

National Study Commission on Records and Documents of Federal Officials. Extension. 44 USC 3318.

44 USC 3322.

To amend cljapter 33 of title 44, United States Code, to change the membership and extend the life of the National Study Commission on Records and Documents of Federal Officials, and for other purposes.

Be it enacted by the Seriate and House of Representatives of the United States of Amenca in Congress assembled, That chapter 33 of title 44, United States Code, is amended as follows: (a) Section 3318 of chapter 33 is amended— (1) by deleting subsection (a)(1)(E) in its entirety and substituting in lieu thereof the following: " (E) one member of the Federal judiciary appointed by the Chief Justice of the United States."; and (2) by deleting "section 5703(b) of title 5, United States Code" from subsection (e)(2), and substituting in lieu thereof "section 5703 of title 5, United States Code". (b) Section 3322 of chajDter 33 is amended by deleting "March 31, 1976" and substituting in lieu thereof "March 31, 1977". Approved April 11, 1976.

LEGISLATIVE HISTORY: HOUSE REPORT No. 94-974 accompanying H.R. 11286 (Comm. on House Administration). SENATE REPORT No. 94-713 (Comm. on Government Operations). CONGRESSIONAL RECORD, Vol. 00 (1976): Mar. 30, considered and passed Senate. Mar. 31, considered and passed House, in lieu of H.R. 11286.

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 PUBLIC LAW 94-262—APR. 11, 1976

90 STAT. 327

Public Law 94-262 94th Congress An Act To convey certain federally owned land to the Twentynine Palms Park and Recreation District.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That all right, title, and interest of the United States in and to the following described land are hereby conveyed to the Twentynine Palms Park and Recreation District subject to the provisions of section 2. Commencing at a point on the west line of section 33, township 1 north, range 9 east, San Bernardino base and meridian, California, 139.5 feet north of the southwest corner of the northwest quarter of said section, thence north along west line of said section 208.71 feet, thence east parallel with the south line of said section 208.71 feet, thence south parallel with the west line of said section 208.71 feet; thence west parallel with the south line of said section 208.71 feet to the point of beginning, containing one acre, more or less. SEC. 2. The land conveyed by this Act shall be used only as an Indian cemetery and historical museum site for the interest of the general public, and title to the land shall revert to the United States Goxernment if the land is used for other purposes. Approved April 11, 1976.

LEGISLATIVE HISTORY: HOUSE REPORT No. No. 94-477 (Comm. on Interior and Insular Affairs). SENATE REPORT No. 94-729 (Comm. on Interior and Insular Affairs). CONGRESSIONAL RECORD: Vol. 121 (1975): Oct. 6, considered and passed House. Vol. 122 (1976): Apr. 1, considered and passed Senate.

Apr. 11, 1976 [H.R. 1466]

Twentynine Paims Park and Recreation District, Calif. Land conveyance.

Indian cemetery and museum.

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 90 STAT. 328

PUBLIC LAW 94-263—APR. 13, 1976

Public Law 94-263 94th Congress Joint Resolution Apr. 13, 1976 [H.J. Res. 670]

j, ^ designate April 13, 1976, as '-Thomas Jeflferson Day".

Resolved by the Senate and House of Representatives of the United Thomas Jefferson States of America in Congress assembled, That April 13, 1976, the ^*y.-. birthday of Thomas Jefferson, is designated as "Thomas Jefferson uesigna ion. Day", and the President is authorized and requested to issue a proclamation calling for the observance of such day with appropriate ceremonies and activities. Approved April 13, 1976.

LEGISLATIVE HISTORY: HOUSE REPORT No. 94-979 (Comm. on Post Office and Civil Service). CONGRESSIONAL RECORD, Vol. 122 (1976): Apr. 5, considered and passed House and Senate. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 12, No. 16: Apr. 13, Presidential statement.

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 PUBLIC LAW 94-264—APR. 13, 1976

90 STAT. 329

Public Law 94-264 94th Congress An Act To name the building knovvn as the Library of Congress Annex to be the Library of Congress Thomas Jefferson Building.

Be it enacted by the Senate and House of Representatives of the United States of Amenca in Congress assembled, That the building in the block bounded by East Capitol Street, Second Street Southeast, Third Street Southeast, and Pennsylvania Avenue Southeast, in the District of Columbia (commonly known as the Library of Congress Annex), shall hereafter be known and designated as the "Library of Congress Thomas Jefferson Building". Any reference in a law, map, regulation, document, record, or other paper of the United States to such building shall be held to be a reference to the Library of Congress Thomas Jefferson Building. Approved April 13, 1976.

LEGISLATIVE HISTORY: SENATE REPORT No. 94-719 (Comm. on Rules and Administration). CONGRESSIONAL RECORD, Vol. 122 (1976): Mar. 31, considered and passed Senate. Apr. 12, considered and passed House. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 12, No. 16: Apr. 13, Presidential statement.

Apr. 16, 19/o [S. 2920]

Library of Congress Thomas J^^ffT?"" »""a*°g-. 2*U*SCV4rnote

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 PUBLIC LAW 94-265—APR. 13, 1976

90 STAT. 331

Public Law 94-265 94th Congress An Act To provide for the conservation and management of the fisheries, and for Apr. 13, 1976 other purposes. [H.R. 200] Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act, with Fishery the following table of contents, may be cited as the "Fishery Con- Conservation and servation and Management Act of 1976". Management Act of 1976. TABLE OF CONTENTS 16 USC 1801 note. Sec. 2. Findings, purposes, and policy. Sec. 3. Definitions.

Sec. Sec. Sec. Sec.

TITLE I—FISHERY MANAGEMENT AUTHORITY OF THE UNITED STATES 101. Fishery conservation zone. 102. Exclusive fishery management authority. 103. Highly migratory species. 104. Effective date.

TITLE II—FOREIGN FISHING AND INTERNATIONAL FISHERY AGREEMENTS Sec. 201. Foreign fishing. Sec. 202. International fishery agreements. Sec. 203. Congressional oversight of governing international fishery agreements. Sec. 204. Permits for foreign fishing. Sec. 205. Import prohibitions. Sec. Sec. Sec. Sec. Sec. Sec. See. Sec. Sec. Sec. Sec. Sec.

TITLE III—NATIONAL FISHERY MANAGEMENT PROGRAM 301. National standards for fishery conservation and management. 302. Regional fishery management councils. 303. Contents of fishery management plans. 304. Action by the Secretary. 305. Implementation of fishery management plans. 306. State jurisdiction. 307. Prohibited acts. 308. Civil penalties. 309. Criminal offenses. 310. Civil forfeitures. 311. Enforcement. 312. Effective date of certain provisions.

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TITLE IV—MISCELLANEOUS PROVISIONS Sec. 401. Effect of law of the sea treaty. See. 402. Repeals. Sec. 403. Fishermen's Protective Act amendments. Sec. 404. Marine Mammal Protection Act amendment. Sec. 405. Atlantic Tunas Convention Act amendment. Sec. 406. Authorization of appropriations. SEC. 2. FINDINGS, PURPOSES AND POLICY (a) F I N D I N G S. — The Congress finds and declares the following: 16 USC 1801. (1) The fish off the coasts of the United States, the highly migratory species of the high seas, the species which dwell on or in the Continental Shelf a p p e r t a i n i n g to the United States, and the anadromous species which spawn in United States rivers or estuaries, constitute valuable and renewable n a t u r a l resources.

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PUBLIC LAW 94-265—APR. 13, 1976

These fishery resources contribute to the food supply, economy, and health of the Nation and provide recreational opportunities. (2) As a consequence of increased fishing pressure and because of the inadequacy of fishery conservation and management practices and controls (A) certain stocks of such fish have been overfished to the point where their survival is threatened, and (B) other such stocks have been so substantially reduced in number that they could become similarly threatened. (3) Commercial and recreational fishing constitutes a major i source of employment and contributes significantly to the economy of the Nation. Many coastal areas are dependent upon fishing and related activities, and their economies have been badly damaged \ '" by the overfishing of fishery resources at an ever-increasing rate over the past decade. The activities of massive foreign fishing fleets in waters adjacent to such coastal areas have contributed to such damage, interfered with domestic fishing efforts, and caused destruction of the fishing gear of United States fishermen. (4) International fishery agreements have not been effective in preventing or terminating the overfishing of these valuable fishery resources. There is danger that irreversible effects from overfishing will take place before an effective international agreement on fishery management jurisdiction can be negotiated, signed, ratified, and implemented. (5) Fishery resources are finite but renewable. If placed under sound management before overfishing has caused irreversible effects, the fisheries can be conserved and maintained so as to provide optimum yields on a continuing basis. (6) A national program for the conservation and management of the fishery resources of the United States is necessary to prevent overfishing, to rebuild overfished stocks, to insure conservation, and to realize the full potential of the Nation's fishery resources. (7) A national program for the development of fisheries which are underutilized or not utilized by United States fishermen, including bottom fish off Alaska, is necessary to assure that our citizens benefit from the employment, food supply, and revenue which could be generated thereby. (b) PURPOSES.—It is therefore declared to be the purposes of the Congress in this Act— (1) to take immediate action to conserve and manage the fishery resources found off the coasts of the United States, and the anadromous species and Continental Shelf fishery resources of the United States, by establishing (A) a fishery conservation zone within which the tlnited States will assume exclusive fishery management authority over all fish, except highly migratory species, and (B) exclusive fishery management authority beyond such zone over such anadromous species and Continental Shelf fishery resources; ,^ ,, (2) to support and encourage the implementation and enforce> 11 i*' n ment of international fishery agreements for the conservation And management of highly migratory species, and to encourage the . negotiation and implementation of additional such agreements as necessary; (3) to promote domestic commercial and recreational fishing under sound conservation and management principles; (4) to provide for the preparation and implementation, in accordance with national standards, of fishery management plans

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 PUBLIC LAW 94-265—APR. 13, 1976

90 STAT. 333

which will achieve and maintain, on a continuing basis, the optimum yield from each fishery; (5) to establish Eegional Fishery Management Councils to prepare, monitor, and revise such plans under circumstances (A) which will enable the States, the fishing industry, consumer and environmental organizations, and other interested persons to participate in, and advise on, the establishment and administration of such plans, and (B) which take into account the social and economic needs of the States; and (6) to encourage the development of fisheries which are currently underutilized or not utilized by United States fishermen, including bottom fish off Alaska. (c) POLICY.—It is further declared to be the policy of the Congress in this Act—• (1) to maintain without change the existing territorial or other ocean jurisdiction of the United States for all purposes other than the conservation and management of fishery resources, as provided for in this Act; (2) to authorize no impediment to, or interference with, recog^ nized legitimate uses of the high seas, except as necessary for the conservation and management of fishery resources, as provided for in this Act; (3) to assure that the national fishery conservation and management program utilizes, and is based upon, the best scientific information available; involves, and is responsive to the needs of, interested and affected States and citizens; promotes efficiency; draws upon Federal, State, and academic capabilities in carrying oiit research, administration, management, and enforcement; and is workable and effective; (4) to permit foreign fishing consistent with the provisions of this Act; and (5) to support and encourage continued active United States efforts to obtain an internationaly acceptable treaty, at the Third United Nations Conference on the Law of the Sea, which provides for effective conservation and management of fishery resources. SEC. 3. DEFINITIONS. As used in this Act, unless the context otherwise requires— 1^ USC 1802. (1) The term "anadromous species" means species of fish which spawn in fresh or estuarine waters of the United States and which migrate to ocean waters. (2) The term "conservation and management" refers to all of the rules, regulations, conditions, methods, and other measures (A) which are required to rebuild, restore, or maintain, and which are useful in rebuilding, restoring, or maintaining, any fishery resource and the marine environment; and (B) which are designed to assure that— (i) a supply of food and other products may be taken, and that recreational benefits may be obtained, on a continuing basis; (ii) irreversible or long-term adverse effects on fishery resources and the marine environment are avoided; and (iii) there will be a multiplicity of options available with respect to future uses of these resources. (3) The term "Continental Shelf" means the seabed and subsoil of the submarine areas adjacent to the coast, but outside the area of the territorial sea, of the United States, to a depth of 200 meters or, beyond that limit, to where the depth of the super-

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 90 STAT. 334

PUBLIC LAW 94-265—APR. 13, 1976 jacent waters admits of the exploitation of the natural resources of such areas. (4) The term "Continental Shelf fishery resources" means the following: COUENTERATA

Bamboo Coral—Acanella spp.; Black Coral—Antipathes spp.; Gold Coral—Callogorgia spp.; Precious Red Coral—Corallium spp.; Bamboo Coral—Keratoisis spp.; and Gold Coral—Parazoanthus spp. CRUSTACEA

Tanner Crab—Chionoecetes tanneri; Tanner Crab—Chionoecetes opilio; Tanner Crab—Chionoecetes a n ^ l a t u s; Tanner Crab—Chionoecetes bairdi; King Crab—Paralithodes camtschatica; King Crab—Paralithodes platypus; King Crab—Paralithodes brevipes; Lobster—Homarus americanus; Dungeness Crab—Cancer magister; California King Crab—Paralithodes californiensis; California King Crab—Paralithodes rathbuni; Golden King Crab—Lithodes aequispinus; Northern Stone Crab—Lithodes maja; Stone Crab—Menippe mercenaria; and Deep-sea Red Crab—Geryon quinquedens. MOLLUSKS

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Red Abalone—Haliotis rufescens; Pink Abalone—Haliotis corrugata; Japanese Abalone—Haliotis kamtschatkana; Queen Conch—Strombus gigas; Surf Clam—Spisula solidissima; and Ocean Quahog—Artica islandica. SPONGES

Publication in Federal Register.

Glove Sponge—Hippiospongia canaliculata; Sheepswool Sponge—Hippiospongia lachne; Grass Sponge—Spongia graminea; and Yellow Sponge—Spongia barbera. If the Secretary determines, after consultation with the Secretary of State, that living organisms of any other sedentary species are, at the harvestable stage, either— (A) immobile on or under the seabed, or (B) unable to move except in constant physical contact with the seabed or subsoil, of the Continental Shelf which appertains to the United States, and publishes notice of such determination in the Federal Register, such sedentary species shall be considered to be added to the foregoing list and included in such term for purposes of this Act. (5) The term "Council" means any Regional Fishery Management Council established under section 302.

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 PUBLIC LAW 94-265—APR. 13, 1976 (6) The term "fish" means finfish, mollusks, crustaceans, and all other forms of marine animal and plant life other than marine mammals, birds, and highly migratory species. (7) The term "fishery" means— (A) one or more stocks of fish which can be treated as a unit for purposes of conservation and management and which are identified on the basis of geographical, scientific, technical, recreational, and economic characteristics; and (B) any fishing for such stocks. (8) The term "fishery conservation zone" means the fishery conservation zone established by section 101. (9) The term "fishery resource" means any fishery, any stock of fish, any species of fish, and any habitat of fish. (10) The term "fishing" means— (A) the catching, taking, or harvesting of fish; (B) the attempted catching, taking, or harvesting of fish; (C) any other activity which can reasonably be expected to result in the catching, taking, or harvesting of fish; or (D) any operations at sea in support of, or in preparation for, any activity described in subparagraphs (A) through Such term does not include any scientific research activity which is conducted by a scientific research vessel. (11) The term "fishing vessel" means any vessel, boat, ship, or other craft which is used for, equipped to be used for, or of a type which is normally used for— (A) fishing; or (B) aiding or assisting one or more vessels at sea in the performance of any activity relating to fishing, including, but not limited to, preparation, supply, storage, refrigeration, transportation, or processing. (12) The term "foreign fishing" means fishing by a vessel other than a vessel of the United States. (13) The term "high seas" means all waters beyond the territorial sea of the United States and beyond any foreign nation's territorial sea, to the extent that such sea is recognized by the United States. (14) The term "highly migratory species" means species of tuna which, in the course of their life cycle, spawn and migrate over great distances in waters of the ocean. (15) The term "international fishery agreement" means any bilateral or multilateral treaty, convention, or agreement which relates to fishing and to which the United States is a party. (16) The term "Marine Fisheries Commission" means the Atlantic States Marine Fisheries Commission, the Gulf States Marine Fisheries Commission, or the Pacific Marine Fisheries Commission. (17) The term "national standards" means the national standards for fishery conservation and management set forth in section 301. (18) The term "optimum", with respect to the yield from a fishery, means the amount of fish— (A) which will provide the greatest overall benefit to the Nation, with particular reference to food production and recreational opportunities; and (B) which is prescribed as such on the basis of the maximum sustainable yield from such fishery, as modified by any relevant economic, social, or ecological factor.

90 STAT. 335

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 90 STAT. 336

use prec. title 1.

PUBLIC LAW 94-265—APR. 13, 1976 (19) The term "person" means any individual (whether or not a citizen or national of the United States), any corporation, partnership, association, or other entity (whether or not organized or existing under the laws of any State), and any Federal, State, local, or foreign government or any entity of any such government. (20) The term "Secretary" means the Secretary of Commerce or his designee. (21) The term "State" means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, the Virgin Islands, Guam, and any other Commonwealth, territory, or possession of the United States. (22) The term "stock of fish" means a species, subspecies, geographical grouping, or other category of fish capable of management as a unit. (23) The term "treaty" means any international fishery agreement which is a treaty within the meaning of section 2 of article II of the Constitution. (24) The term "United States", when used in a geographical context, means all the States thereof. (25) The term "vessel of the United States" means any vessel documented under the laws of the United States or registered under the laws of any State.

TITLE I—FISHERY MANAGEMENT AUTHORITY OF THE UNITED STATES 16 USC 1811.

16 USC 1812.

16 USC 1813.

16 USC 1811 note.

SEC. 101. FISHERY CONSERVATION ZONE. There is established a zone contiguous to the territorial sea of the United States to be known as the fishery conservation zone. The inner boundary of the fishery conservation zone is a line coterminous with the seaward boundary of each of the coastal States, and the outer boundary of such zone is a line drawn in such a manner that each point on it is 200 nautical miles from the baseline from which the territorial sea is measured. SEC. 102. EXCLUSIVE FISHERY MANAGEMENT AUTHORITY The United States shall exercise exclusive fishery management authority, in the manner provided for in this Act, over the following: (1) All fish within the fishery conservation zone. (2) All anadromous species throughout the migratory range of each such species beyond the fishery conservation zone; except that such management authority shall not extend to such species during the time they are found within any foreign nation's territorial sea or fishery conservation zone (or the equivalent), to the extent that such sea or zone is recognized by the United States. (3) All Continental Shelf fishery resources beyond the fishery conservation zone. SEC. 103. HIGHLY MIGRATORY SPECIES. The exclusive fishery management authority of the United States shall not include, nor shall it be construed to extend to, highly migratory species of fish. SEC. 104. EFFECTIVE DATE. This title shall take effect March 1, 1977. '

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90 STAT. 337

TITLE II—FOREIGN FISHING AND INTERNATIONAL FISHERY AGREEMENTS SEC. 201. FOREIGN FISHING.

(a) IN GENERAL.—After February 28, 1977, no foreign fishing is 16 USC 1821. authorized within the fishery conservation zone, or for anadromous species or Continental Shelf fishery resources beyond the fishery conservation zone, unless such foreign fishing— (1) is authorized under subsection (b) or (c); (2) is not prohibited by subsection (f); and (3) is conducted under, and in accordance with, a valid and applicable permit issued pursuant to section 204. (b)

EXISTING INTERNATIONAL FISHERY AGREEMENTS.—Foreign

fishing described in subsection (a) may be conducted pursuant to an international fishery agreement (subject to the provisions of section 202(b) or (c)), if such agreement— (1) was in effect on the date of enactment of this Act; and (2) has not expired, been renegotiated, or otherwise ceased to be of force and effect with respect to the United States. (c)

GOVERNING INTERNATIONAL FISHERY AGREEMENTS.—Foreign

fishing described in subsection (a) may be conducted pursuant to an international fishery agreement (other than a treaty) which meets the requirements of this subsection if such agreement becomes effective after application of section 203. Any such international fishery agreement shall hereafter in this Act be referred to as a "governing international fishery agreement". Each governing international fishery agreement shall acknowledge the exchisive fishery management authority of the United States, as set forth in this Acit. I t is the sense of the Congress that each such agreement shall include a binding commitment, on the part of such foreign nation and its fishing vessels, to comply with the following terms and conditions: (1) The foreign nation, and the owner or operator of any fishing vessel fishing pursuant to such agreement, will abide by all regulations promulgated by the Secretary pursuant to this Act, including any regulations promulgated to implement any applicable fishery management plan or any preliminary fishery management plan. (2) The foreign nation, and the owner or operator of any fishing vessel fishing pursuant to such agreement, will abide by the requirement that— (A) any officer authorized to enforce the provisions of this Act (as provided for in section 311) be permitted— (i) to board, and search or inspect, any such vessel at any time, (ii) to make arrests and seizures provided for in section 311(b) whenever such officer has reasonable cause to believe, as a result of such a search or inspection, that any such vessel or any person has committed an act prohibited by section 307, and (iii) to examine and make notations on the permit issued pursuant to section 204 for such vessel; (B) the permit issued for any such vessel pursuant to section 204 be prominently displayed in the wheelhouse of such vessel; (C) transponders, or such other appropriate positionfixing and identification equipment as the Secretary of the department in which the Coast Guard is operating determines

Terms and conditions.

Post, p. 358.

Post, p. 355.

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