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Appropriation.

Cemeteries, shrines, etc., relocation.

Minerals, reservation.

Harvest of crops, etc.

PUBLIC LAW 88-533-AUG. 31, 1964

[78 STAT.

Interior first deteniiiiies and certifies that no hardsliip will result from the payment of such delinquent debts. SEC. 4. There is authorized to be appropriated the additional sum of $12,128,917, which shall be deposited in the Treasury of the United States to the credit of the Seneca Nation and which shall draw interest on the principal at the rate of 4 per centum per annum until expended for assistance designed to improve the economic, social, and educational conditions of enrolled members of the Seneca Nation, including but not limited to the following purposes: (a) developing and carrying out individual and family plans, including relocation and resettlement and the construction of roads, utilities, sanitation facilities, houses, and related stnictures; (b) the construction and maintenance of community buildings and other community facilities; and (c) industrial and recreational development on the Allegany, (Cattaraugus, and Oil Springs Eeservations. The funds authorized by this section shall be expended in accordance with plans and programs approved by the Seneca Nation and the Secretary of the Interior: Provided, That no part of such funds shall be used for per capita payments. SEC. 5. The Secretary of the AiTny, out of funds a p p r o p r i a t e for the Allegheny Reservoir project other than funds provided by this Act, is authorized and directed to relocate and reestablish within the Allegany Reservation such Indian cemeteries, tribal monuments, graves, and shrines inside the taking area as the Seneca Nation or the next of kin shall select and designate: Provided, That reinterment of individual remains, though not entire cemeteries, outside the boundaries of the Allegany Reservation also is authorized if so desired by the next of kin, but in such event reinterment to a site which exceeds the equivalent distance from the disinterment site to the farthest point at which reinterment could be made within the reservation boundaries will be made only if the next of kin agrees to pay the added cost: And provided further. That the Secretary of the Army is authorized and directed to provide a trust fund in an amount computed on the basis of $14.40 for each reinterment for the l>erpetual care and maintenance of the graves for the reinterments at the two cemetery relocation sites selected by the Seneca Nation. SEC. 6. All minerals of any kind whatsoever, including oil and gas and sand and gravel, within the areas subjected to the interests in land acquired by the United States as set forth in section 1 of this Act, are hereby reserved to the Seneca Nation: Provided, That the exploration and development of such minerals, including oil and gas and sand and gravel, within the taking areas shall be consistent with said interests in land and subject to all reasonable regulations of the Secretary of the Army necessary for the protection of the Allegheny Reservoir project. SEC. 7. Members of the Seneca Nation shall have the right without charge to remain on and use the lands subject to the interests in land acquired by the United States as set forth in section 1 of this Act until I'equired to vacate at such times as may be fixed by the Secretary of the Army with the approval of the Secretary of the Interior and after consultation with the Seneca Nation: Provided, That the time for vacating in any event will not extend beyond January 1, 1965, unless the Secretary of the Army otherwise permits. SEC. 8. U p to sixty days before the date for vacating in accordance with section 7, the Seneca Nation on its common lands within the taking area for the Allegheny Reservoir project, and individual Seneca Indians on lands in which they have an interest as shown on the sched-

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ules described in section 3(a) and (c) of this Act, shall have the right, without charge, to harvest crops, to cut and remove all timber, to mine and remove sand and gravel, and to salvage improvements: Provided, That if such rights are not exercised or are waived by said individual Seneca Indians within the time prescribed, the nation shall have an additional thirty days within which to exercise their rights on its own behalf: Provided further, That the crops harvested, the timber cut, the sand and gravel removed, and the salvage permitted by this section shall not be construed to be compensation. SEC. 9. The Seneca Nation shall have the right to use and occupy the taking area of the Allegheny Reservoir project within the Allegany Reservation for all purposes not inconsistent with the interests in land acquired by the Ignited States as set forth in section 1 of this Act, including, but not limited to, the right to lease such lands for farming and grazing purposes to members or nonmembers of the nation, the power to dispose of all minerals reserved under section 6 of this Act, the right to hunt and fish on such lands, and to license hunting and fishing by nonmembers of the nation and the right to regulate access to the shoreline of the reservoir: Provided, That public access to the shoreline shall be provided and no charge shall be made to the public therefor: And 'provided further, That the use by the public of the water areas of the Allegheny Reservoir project shall be pursuant to such rules and regulations as the Secretary of the Army may prescribe. SEC. 10. The Secretary of the Treasury, upon certification by the Secretary of the Interior, shall reimburse the Seneca Nation for all fees and expenses incurred in relation to the Allegheny Reservoir project, including the cost of engineering and appraising services: Provided, That not more than $250,000 is authorized to be appropriated for such reimbursable fees and expenses: And provided fuHher, That attorney fees shall be paid under the terms of a contract approved by the Secretary of the Interior. SEC. 11. (a) Any individual Seneca Indian who accepts the pay- ^^^nt*^"'"' °^ ment tendered to him pursuant to section 3(a) shall be deemed to waive waiver of and release any further claims, rights, or demands in his own name claims. arising out of the taking of interests in land as set forth in section 1 of this Act. Any individual Seneca Indian who accepts the payment tendered to him pursuant to section 3(c) shall be deemed to waive and release any further claims, rights, or demands in his own name arising out of the taking of houses, barns, fences, wells, and other structures and improvements under this Act. (b) Any individual Seneca Indian who has been duly tendered payment in accordance with the schedules prepared pursuant to section 3 (a) and (c) of this Act shall have the right to reject either or both of the sums so tendered by filing a notice of rejection with the Seneca Nation, Salamanca, New York, the district engineer, United States Army Engineer District, Pittsburgh, Pennsylvania, and the United States attorney for the western district of New York, Buffalo, New York, within ninety days after the tender is made. (c) For the purposes of this section, the Secretary of the Interior is authorized to represent any individual Seneca Indian entitled to payment who is a minor, or under any other legal disability, or who cannot be located after a reasonable and diligent search. SEC. 12. (a) Any individual Seneca Indian who, pursuant to section te^mured"b^ co^rt*' 11(b) of this Act, rejects a sum tendered in payment under section 3 (a) or (c), or both, shall have the right to litigate the issue of just compensation in the United States District Court for the Western District of New York. The court shall, except as otherwise expressly provided herein, determine just compensation in accordance with the

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Land acquisition for relocation purposes.

Land descriptions, recording.

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[78

STAT.

laws and procedures applicable to the determination of just compensation in condemnation proceedings in the Federal courts. No court or statutory costs, but all other costs and expenses, including attorney's fees, shall be at the contesting individual's expense. (b) Where the sum rejected by an individual Seneca Indian has been tendered under section 3(a) of this Act, and the United States has instituted condemnation proceedings, the Seneca Nation within sixty days shall deposit in court the total amount paid to it pursuant to section 2(a), less any credit given the United States under section 2(e), for the interests in land acquired by the United States which are the subject of the contesting individual's claims. Any excess of the sum so deposited over the amount finally determined as just compensation for the interests in land, if any, of the contesting individual shall be paid back to the Seneca Nation. If the amount finally determined as just compensation for all interests in land acquired by the United States which are the subject of the contesting individual's claim exceeds the sum deposited by the Seneca Nation, the difference shall be paid into court by the United States, and the total amount so paid and deposited shall be distributed as directed by the court. (c) Where the sum rejected by an individual Seneca Indian has been tendered under section 3(c) of this Act, and the issue of just compensation is litigated, the United States shall not assert as a defense that any interest in the property is owned by the Seneca Nation. (d) For the purposes of this section, any individual Seneca Indian eligible to file suit, who is a minor or under any other legal disability, shall be represented by his legal guardian or, if no guardian has been appointed, by an attorney appointed by the Court. SEC. 13. The Secretary of the Interior is hereby authorized, with the funds provided under section 4 of this Act, to purchase or to acquire through condemnation proceedings lands, and interests in lands, within the Allegany Reservation, for the relocation of houses and community facilities or for recreational, commercial, or industrial development. Any lands or interests in lands so acquired shall have the same legal status as other lands within the reservation. SEC. 14. The interests in land required for the Allegheny Reservoir project within the Allegany Indian Reservation are generally identified and delineated on a map entitled "Allegheny River Basin, Allegheny Reservoir, New York, General Map". Detailed legal descriptions of the lands shown thereon, together with tract maps, are or shall be filed in condemnation proceedings which have been instituted by the United States in the United States District Court for the Western District of New York for the acquisition of easements, interests in land, and other property within the Allegany Indian Reservation. The estates taken shall be as specifically set forth in the complaints filed in said proceedings, except insofar as the court may determine that the condemnation by the United States of any easement, interest in land, or other property identified therein for the construction of a limited access highway to be made a part of the New York State Southern Tier Expressway has not b»Bn authorized, in which event said estate shall not be taken. Copies of the final decree and other appropriate papers in said condemnation proceedings setting forth legal descriptions of the lands and the estates taken, together with identifying tract maps, shall be filed among the land records of the Bureau of Indian Affairs in Washington, District of Columbia, and recorded in the office of the county clerk of Cattaraugus County, New York. A true and correct copy of said papers shall be furnished by the Secretary of the Army without cost to the Seneca Nation.

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SEC, 15. Upon a determination by the Secretary of the Army that all or pait of the interests in land acquired as set forth in section 1 of this Act no longer are necessary for purposes of the Allegheny Reservoir project, all right, title, and interests in such lands shall thereupon vest in the Seneca Nation. SEC. 16. No part of any expenditures made by the United States under any of the provisions of this Act shall be charged by the United States as an offset or counterclaim against any claim oi the Seneca Nation against the United States other than claims arising out of the acquisition of interests in land for the Allegheny Reservoir project. SEC. 1 7. All funds authorized by this Act paid to the Seneca Nation "^^^ exemption. and individual Seneca Indians shall be exempt from all forms of State and Federal income taxes. SEC. 18. Except as specifically required to carry out the provisions virrotTwith^-''^'^* of this Act, the Department of the Interior shall not enlarge the serv- drawai'. ices which it is now in fact rendering to, or the supervision which it is now in fact exercising over the property and affairs of, the Seneca Nation and its members pursuant to the laws of the United States relating to Indians and Indian tribes. The Secretary of the Interior c<!^*^esV° shall, after consultation with the Seneca Nation, submit to the Congress a plan for complete withdrawal of Federal supervision over the property and affairs of the Nation and its members. Said plan shall be submitted within three years from the effective date of this Act. Approved August 31, 1964.

Public Law 88-534 AN ACT To amend section 8(b) of the Soil Conservation and Domestic Allotment Act, and for other purposes.

August 31, 1964 [H. R. 9 1 7 8 ]

Be it enacted by the Senate and Hmise of Representatives of the United States of America in Congress assembled, That the seventh cr*T^*"o*' and eighth sentences of section 8(b) of the Soil Conservation and mittee^sys't^m's. Domestic Allotment Act, as amended (16 U.S.C. 590h(b)), are de- 52 Stat. 3i. leted and the following inserted in lieu thereof: "Farmers within any such local administrative area, and participating or cooperating in programs administered within such area, shall elect annually from among their number a local committee of not more than three members for such area. The members of the local committees shall, in a county convention, nominate and elect a county committee which shall consist of three members who are farmers in the county. At the first county convention held on or after the effective date of this sentence, one member of the county committee shall be elected for one year; one member shall be elected for two years; and one member shall be elected for three years. Thereafter, each member of a county committee shall be elected for a term of three years. No member of the county committee shall be elected for more than three consecutive terms (exclusive of any term which began prior to the effective date of this sentence)." SEC. 2. Section 503 of the Act of August 26, 1954 (68 Stat. 908; ^^P^^^1 6 ^. S. C. 590h-3), is repealed. SEC. 3. Section 1 of this Act shall become effective for elections of Effective date. committeemen held on or after January 1, 1965. Approved August 31, 1964. 31-667 0-65—50

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[78 STAT.

Public Law 88-535 August 31, 1964 [H. R. 9425]

Census enumet*ators. Telephone tolls. 74 Stat. 911.

AN ACT To amend title 13, United States Code, to authorize reimbursement of census enumerators for certain telephone tolls and charges. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 24 of title 13, United States Code, is amended by adding at the end thereof the following new subsection: " (f) Notwithstanding any other provision of law prohibiting the expenditure of public money for telephone service, the Secretary, under such regulations as he shall prescribe, may authorize reimbursement for tolls or charges for telephone service from private residences or private apartments to the extent such charges are determined by the Secretary to have been incurred to facilitate the collection of information in connection with the censuses and surveys authorized by this title." Approved August 31, 1964.

Public Law 88-536 August 31, 1964 [H. R. 8135]

AN ACT

To provide for the establishment and administration of public recreational facilities at the Sanford Reservoir area, Canadian River project, Texas, and for other purposes.

Be it enacted by the Senate and House of Representatives of the Texas. United States of America in Congress assembled, That the Secretary Sanford Reserof the Interior is hereby authorized to investigate, plan, construct, voir area, recreational facilities operate and maintain, or otherwise provide for basic public outdoor recreation facilities at the Sanford Reservoir area, Canadian Federal reclamation project, to acquire or otherwise include within the project area such adjacent lands or interests therein q^ are necessary for present or future public recreation use, and to provide for the public use and enjoyment of project lands, facilities, and water areas in a manner coordinated with other project purposes: Provided, That this Act shall not provide the Secretary wth a basis for allocation to recreation of water, reservoir capacity, or joint project costs of the Canadian River project nor affect the priority for municipal use of water stored in Sanford Reservoir, or the priority of use for municipal purposes te^a'^cT^etc'.^^ "" ^^ ^^^® Capacity of said reservoir. The Secretary is authorized to enter agreements." iuto agreements with Federal agencies or State or local public bodies for the operation, maintenance, or additional development of project lands or facilities, or to dispose of project lands or facilities to Federal agencies or State or local public bodies by lease, transfer, conveyance or exchange upon such terms and conditions as will best promote the development and operation of such lands or facilities in the public interest for recreation purposes. The cost of providing basic recreation facilities shall be nonreimbursable. I n carrying out the aforesaid activities the Secretary shall take cognizance of the effect of the fish and wildlife plan approved by the President December 19, 1962, pursuant to the Act of December 29, 1950 (64 Stat. 1124) in providing 43 USC 600b, 600c. facilities at the Canadian River project which have general recreation utility. Appropriation. SEC. 2. There are authorized to be appropriated such amounts, but not more than $1,100,000, as may be necessary for the investigation, preparation of plans, construction and acquisition of lands authorized in this Act. Approved August 31, 1964.

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PUBLIC LAW 88-538-AUG. 31, 1964

745

Public Law 88-537 AN ACT To provide for enforcement of rules and regulations for the protection, development, and administration of the national forests and national grasslands, and for other purposes.

August 31, 1964 [H. R. 7588]

Be it enacted by the Senate and House of Representatives of the Forest and United States of America in Congress assembled, That the Act of grasslands. June 4, 1897, as amended (30 Stat. 11, 36; 16 U.S.C. 551), second full Protection. paragraph, page 35, and section 32(f), title III, of the BankheadJones Farm Tenant Act, as amended (50 Stat. 526; 7 U.S.C. 1011(f)), are further amended by addition of the following sentence in each case: "Any person charged with the violation of such rules and regulations may be tried and sentenced by any United States commissioner specially designated for that purpose by the court by which he was appointed, in the same manner and subject to the same conditions as provided for in title 18, United States Code, section 3401, subsections (b), (c), (d), and (e), as amended." 62 Stat. 830. Approved August 31, 1964. Public Law 88-538 AN ACT To provide authority for the payment of certain amounts to offset certain expenses of Federal employees assigned to duty on the California oflFshore islands, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, notwithstanding section 1765 of the Revised Statutes (5 U.S.C. 70), each employee of the United States who is assigned to duty, other than temporary duty, on one of the California offshore islands shall be paid, in addition to compensation otherwise due him, an allowance of not to exceed $10 per day: Provided, That such allowance shall be paid only in accordance with regulations prescribed by the President establishing the rates at which such allowance will be paid, and defining the areas and groups of positions to which such rates shall apply. SEC. 2. (a) Each employee or former employee of the Department of the Navy who was erroneously paid per diem in lieu of subsistence under section 3 of the Travel Expense Act of 1949 (5 U.S.C. 836), for the period he was assigned to one of the California offshore islands as his principal place of duty, is relieved of all liability to refund to the United States the amounts of per diem in lieu of subsistence so paid. (b) The Secretary of the Treasury is authorized and directed to pay, out of any money in the Treasury not otherwise appropriated, to the employee, former employee, or other appropriate party concerned, in accordance with law, all amounts paid by or withheld from amounts otherwise due an employee or former employee of the Department of the Navy in complete or partial satisfaction of his liability to the United States for which relief has been granted by section 2 of this Act. SEC. 3. In accordance with regulations issued under the first section of this Act, the allowance authorized by such section may be made retroactively effective from the date erroneous payments of per diem in lieu of subsistence were discontinued as a result of the decision of the Comptroller General of the United States dated May 4, 1964 (B-153571). Approved August 31, 1964.

August 31, 1964 [H. R. 11211]

California offshore islands. Federal emplo5^ ees.

63 Stat. 166; 75 Stat. 339,340.

Appropriation.

Effective date.

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PUBLIC LAW 88-539-AUG. 31, 1964

[78 STAT.

Public Law 88-539 August 31, 1964 [H. R. 98]

Distilled spiritsTax refund. 72 Stat. 1336.

AN ACT To amend the Internal Revenue Code of 1954 with respect to exportation of imported distilled spirits, wines, and beer, and with respect to the total contract price of sales of personal property on the installment plan.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 5062 of the Internal Revenue Code of 1954 (26 U.S.C. 5062) is amended by adding at the end thereof a new subsection (c) as follows: " (c) EXPORTATION OF IMPORTED LIQUORS.— " (1) ALLOWANCE OF TAX.—Upon the exportation of imported

distilled spirits, wines, and beer upon which the duties and internal revenue taxes have been paid or determined incident to their importation into the United States, and which have been found after entry to be unmerchantable or not to conform to sample or specifications, and which have been returned to customs custody within six months of their release therefrom, the Secretary or his delegate shall, under such regulations as he shall prescribe, refund, remit, abate, or credit, without interest, to the importer thereof, the full amount of the internal revenue taxes paid or determined with respect to such distilled spirits, wines, or beer. " (2) DESTRUCTION I N LIEU OF EXPORTATION.—At the option of

Personal property, installment plan reporting. 68A Stat. 154. 26 USC 453.

the importer, such imported distilled spirits, wines, and beer, after return to customs custody, may be destroyed under customs supervision and the importer thereof granted relief in the same manner and to the same extent as provided in this subsection upon exportation." SEC. 2. The amendment made by the first section of this Act shall apply with respect to articles exported or destroyed after the date of the enactment of this Act. SEC. 3. (a) Section 453(a) of the Internal Revenue Code of 1954 (relating to dealers in personal property) is amended to read as follows: " (a) DEALERS I N PERSONAL PROPERTY.—

"(1) IN GENERAL.—Under regulations prescribed by the Secretary or his delegate, a person who regularly sells or otherwise disposes of personal property on the installment plan may return as income therefrom in any taxable year that proportion of the installment payments actually received in that year which the gross profit, realized or to be realized when payment is completed, bears to the total contract price. " (2) TOTAL CONTRACT PRICE.—For purposes of paragraph (1),

Revolving credit type plans. Ante, p. 75.

the total contract price of all sales of personal property on the installment plan includes the amount of carrying charges or interest which is determined with respect to such sales and is added on the books of account of the seller to the established cash selling price of such property. This paragraph shall not apply with respect to sales of personal property under a revolving credit type plan or with respect to sales or other dispositions of property the income from which is, under subsection (b), returned on the basis and in the manner prescribed in paragraph (1). " (b) Section 453(e) of such Code (relating to revolving credit type plans) is amended to read as follows: " (e) CARRYING

CHARGES

N O T INCLUDED

I N TOTAL

CONTRACT

PRICE.—If the carrying charges or interest with respect to sales of personal property, the income from which is returned under subsection

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PUBLIC LAW 88-540-AUG. 31, 1964

747

(a)(1), is not included in the total contract price, payments received with respect to such sales shall be treated as applying first against such carrying charges or interest. This subsection shall not apply with respect to sales or other dispositions of property the income from which is, under subsection (b), returned on the basis and in the manner prescribed in subsection (a)(1). " (c) The amendment made by subsection (a) shall apply in respect to sales made in taxable years beginning on or after January 1, 1960. The amendment made by subsection (b) shall apply in respect of sales made during taxable years beginning after December 31, 1963. Approved August 31, 1964.

Public Law 88-540 AN ACT To amend the Act entitled "An Act to authorize the purchase, sale, and exchange of certain Indian lands on the Yakima Indian Reservation, and for other purposes", approved July 28, 1955.

Be it enacted by the Seriate and House of Representatives of the United States of America in Congress assembled, That the first section of the Act entitled "An Act to authorize the purchase, sale, and exchange of certain Indian lands on the Yakima Reservation, and for other purposes", approved July 28, 1955, is amended to read as follows: "That (a) the Secretary of the Interior is authorized, in his discretion, to— "(1) purchase for the Yakima Tribes, with any funds of such tribes, and to otherwise acquire by gift, exchange, or relinquishment, any lands or interest in lands or improvements thereon within the Yakima Indian Reservation or within the area ceded to the United States by the treaty of June 9, 1855; " (2) sell or approve sales of any tribal trust lands, any interest therein or improvements thereon, such sales being limited to agencies of the Federal, State, or local governments for recreational, educational, civic, or other public purposes, and to individual members of the tribes; " (3) exchange any tribal trust lands, including interests therein or improvements thereon, for any lands situated within such reservation or the area ceded to the United States by the treaty of June 9, 1855; and " (b) Where lands are held in multiple ownership, the Secretary is authorized to sell and exchange such lands to other Indians or the Yakima Tribes only if the sale or exchange is authorized in writing by the owners of at least a majority interest in such lands; except that no greater percentage of approval of individual Indians shall be required under this Act than m any other statute of general application approved by Congress. "(c) I n all cases in which the Secretary is acquiring for the Yakima Tribes lands or interests in lands presently held in trust or under restrictions for the benefit of an individual Indian, title shall be taken in the name of the United States in trust for the Yakima Tribes. I n all cases in which land being purchased is presently held by the grantor in fee simple, title shall be taken for and held by the Yakima Tribes in fee and such land shall not, by reason of its being owned by the tribes, be exempt from taxation in accordance with the laws of the State of Washington. " (d) The Secretary shall obtain the advice and consent of the Yakima tribal council before entering into any of the above transactions involving the acquisition or disposition of tribal land. The

August 31, 1964 [H. R. 5837]

Yakima Indian Reservation. Land purchase. 69 Stat. 392. 25 USC 608-608C,

12 Stat. 9 5 1.

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[78

STAT.

terms and conditions of any such transaction, including the price at which any land is so purchased or sold and the valuation of any lands so exchanged, shall be mutually agreed upon by the Secretary, the Yakima tribal council, and the individual Indian or Indians concerned. Any such exchange of lands shall be effected on the basis of approximately equal consideration with due allowance for the value of improvements in determining the value of such lands." SEC. 2. The first sentence of subsection 2(a) of such Act is repealed. SEC. 3. Subsection 3(b) of such Act is repealed. Approved August 31, 1964. Public Law 88-541 August 31, 1964 [H. R. 3071]

Fort L a m e d National Historic Site. Establishment.

P u b l i c a t i o n in Federal Register. Appropriation.

AN ACT To provide for the establishment of Fort Lamed as a national historic site, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, in order to commemorate the significant role played by Fort Larned in the opening of the West, the Secretary of Interior may acquire on behalf of the United States by gift, purchase, or other means not more than seven hundred and fifty acres of land, or interests in land, which comprise the site and remaining historic structures of Fort Larned, located in Pawnee County, Kansas, or which he deems necessary to accomplish the purposes of this Act, including nearby remains of the Santa Fe Trail. The land acquired by the Secretary shall be known as the Fort Larned National Historic Site, and shall be administered in accordance with the provisions of the Act entitled "An Act to establish a National Park Service, and for other purposes", approved August 25, 1916 (39 Stat. 535; 16 U.S.C. 1 et seq.), as amended and supplemented: Provided, That establishment of such national historic site shall not become effective until the historic remains of old Fort Larned and adjoining historically significant lands have been acquired. SEC. 2. Notice of the boundaries of the site shall be published in the Federal Register. SEC. 3. There are hereby authorized to be appropriated such sums, but not more than $1,273,000 for acquisition and development costs, as are necessary to carry out the purposes of this Act. Approved August 31, 1964. Public Law 88-542

August 31, 1964 [H. R. 8344]

National Mediation Board. Terms of office. 44 Stat. 579. 45 USC 154.

AN

ACT

To amend the Railway Labor Act to provide that the terms of office of members of the National Mediation Board shall expire on July 1.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the third sentence of the initial paragraph of section 4 of the Railway Labor Act is amended to read as follows: "Each member of the Mediation Board in office on January 1, 1965, shall be deemed to have been appointed for a term of office which shall expire on July 1 of the year his term would have otherwise expired." Such paragraph is further amended by inserting at the end thereof the following new sentence: "Upon the expiration of his term of office a member shall continue to serve until his successor is appointed and shall have qualified." Approved August 31, 1964.

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PUBLIC LAW 88-543-AUG. 31, 1964

749

Public Law 88-543 AN ACT To authorize establishment of the Saint-Gaudens National Historic Site, New Hampshire, and for other purposes.

August 31, 1964 [H. R. 40 18]

Be it enacted by the Senate and House of Representatives of the United States of America in Conqress assembled. That, in order to „^,^^"*'?f,"'^f"! ,,•!

1 •

1 •,

•

n

•

-n

,

J•

•

National Historic

preserve in public ownership historically signiricant properties associ- site, N. H. ated with the life and cultural achievements of Augustus Saint- Establishment. Gaudens, the Secretary of the Interior may acquire, by donation from the Saint-Gaudens Memorial, a corporation, the sites and structures comprising the Saint-Gaudens Memorial situated at Cornish, New Hampshire, and by donation or purchase with donated funds not to exceed three acres of adjacent lands which the Secretary of the Interior deems necessary for the purposes of this Act, together with any works of art, furnishings, reproductions, and other properties within the structures and on the memorial grounds. SEC. 2. (a) In accordance with the Act entitled "An Act to create a National Park Trust Fund Board, and for other purposes", approved 16 USC 19-19C. July 10, 1935 (49 Stat. 477), as amended, the National Park Trust Fund Board may accept from the Saint-Gaudens Memorial the amount of $100,000 and such additional amounts as the corporation may tender from time to time from the endowment funds under its control, which funds, when accepted, shall be utilized only for the purposes of the historic site established pursuant to this Act. (b) Nothing in this Act shall limit the authority of the Secretary of the Interior under other provisions of law to accept donations of property in the name of the United States. P u b l i c a t i o n in Federal Register. SEC. 3. When the sites, structures, and other properties authorized for acquisition under the first section of this Act and endowment funds in the amount of $100,000 have been transferred to the United States, the Secretary of the Interior shall establish the Saint-Gaudens National Historic Site by publication of notice thereof in the Federal Register. SEC. 4. (a) The Secretary of the Interior shall administer, protect, develop, and maintain the Saint-Gaudens National Historic Site subject to the provisions of this Act and in accordance with the provisions of the Act entitled "An Act to establish a National P a r k Service, and for other purposes", approved August 25, 1916 (39 67 Stat. 495. Stat. 535), as amended and supplemented, and the provisions of the 16 USC 1 et seq. Act entitled "An Act to provide for the preservation of historic American sites, buildings, objects, and antiquities of national significance, and for other purposes", approved August 21, 1935 (49 Stat. 16 USC 461467. 666). (b) I n order that the Saint-Gaudens National Historic Site may achieve more effectively its purpose as a living memorial, the Secretary of the Interior is authorized to cooperate with the Saint-Gaudens Memorial, the American Academy of Arts and Letters, and other organizations and groups in the presentation of art expositions and festivals and other appropriate events that are traditional to the site. SEC. 5. The Saint-Gaudens Memorial having by its active interest preserved for posterity this important site, its structures, objects, and cultural values, the executive committee thereof shall, upon establishment of the Saint-Gaudens National Historic Site, serve in an advisory capacity to the Secretary of the Interior in matters relating to its preservation, development, and use. SEC. 6. There are hereby authorized to be appropriated such sums, Appropriation. but not more than $210,000 for development, as may be necessary to carry out the purposes of this Act. Approved August 31, 1964.

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[78 STAT.

Public Law 88-544 August 31, 1964 AN ACT —[H- R- 4242]— rp^ provide for the release and transfer of all right, title, and interest of the United States of America in and to certain tracts of land in Pender County, North Carolina.

Be it enacted by the Senate and House of Representatives of the Nrrth1:"ro°ina*^' ^''i^H^d States of Amevica in Congress assembled, That the Secretary Lands. of Agriculture is authorized and directed, subject to the requirements of section 3 of this Act, to take such action as may be necessary to release and transfer, by quitclaim deed or otherwise to th^ Board of Education of Pender County, North Carolina, all right, title, and interest retained by the United States of America in and to five parcels or tracts of land and the improvements thereon located in Pender County, North Carolina, conveyed to the said board of education, and more particularly described in the following deeds from the United States of America and the Penderlea Farms Homestead Association, Incorporated, listed in section 2 of this Act. SEC. 2. The deeds referred to in the first section of this Act are the following: (1) Thequitclaimdeed, dated September 22, 1941, and recorded in book 249, page 397, of the Pender County Registry, Pender County, North Carolina, from the Penderlea Farms Homestead Association, Incorporated, to the County Board of Education of Pender County, North Carolina, conveying.430 acres, more or less, and the improvements thereon. (2) The quitclaim deed, dated December 6, 1941, and recorded in book 229, page 605, of the Pender County Register, Pender County, North Carolina, from the United States of America to the County Board of Education of Pender County, North Carolina, conveying 23.663 acres, more or less, and the improvements thereon. (3) The correction deed, dated October 24, 1946, and recorded in book 262, page 340, of the Pender County Registry, Pender County, North Carolina, from the United States of America to the County Board of Education of Pender County, North Carolina, conveying 23.663 and.78 acres, more or less, and the improvements thereon. (4) The quitclaim deed, dated June 13, 1945, and recorded in book 255, page 573, of the Pender County Registry, Pender County, North Carolina, from the United States of America to the Board of Education of Pender County, North Carolina, conveying 9.282 acres, more or less, and the improvements thereon. (5) The quitclaim deed, dated January 18, 1946, and recorded in boojk 257, page 436, of the Pender County Registry, Pender County, North Carolina, from the United States of America to the Pender County Board of Education, conveying 2.584 acres, more or less. SEC. 3. No conveyance shall be made under this Act unless the ]ioard of Education of Pender County, North Carolina, pays to the Secretary of Agriculture within one year after notification thereof, the sum of (a) the fair market value of the mineral interests conveyed under this Act, as determined by the Secretary of Agriculture as of the effective date of this Act; and (b) such amount as may be fixed by the Secretary of Agriculture to reimburse the United States for the administrative costs of the conveyance under this Act. Approved August 31, 1964.

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PUBLIC LAW 88-545-AUG. 31, 1964

751

Public Law 88-545 AN ACT To provide for the satisfaction of claims arising out of scrip, lieu selection, and similar rights.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, except for military bounty land warrants, all claims and holdings recorded under the Act of August 5, 1955 (69 Stat. 534, 535), which are not satisfied in one of the ways hereafter set forth, shall become null and void on the later of the two following dates: (a) January 1, 1970, or, in the case of soldiers' additional homestead claims, January 1, 1975; (b) at the termination of any transaction initiated pursuant to this Act. SEC. 2. Prior to July 1, 1966, holders of claims recorded under the Act of August 5, 1955, may apply to the Secretary of the Interior to have conveyed to them, in satisfaction of their claims, such lands as they may, in their applications, designate. The Secretary shall thereafter convey the selected lands if he finds them to be proper, under existing law, for such disposition, and if the claim upon which an application is based is determined to be valid. As used in this Act, the terms "lands" and "land" include any rights or interests therein. SEC. 3. (a) Prior to January 1, 1967, the Secretary shall classify, for conveyance and exchange for each type of claim recorded under the Act of August 5, 1955, public lands in sufficient quantity so as to provide each holder of such a claim with a reasonable choice of public lands against which to satisfy his claim. The public lands so classified shall be of a value of not less than the average fair market value, determined by the Secretary as of the date patent issued, of those public lands actually conveyed in exchange for each type of claim since August 5, 1955. (b) Holders of recorded claims may apply for reasonably compact areas of land so classified, and, upon his determination that the claim upon which an application is based is valid, the Secretary shall convey such lands to the applicant. SEC. 4. Prior to January 1, 1968, the Secretary shall, by registered mail or certified mail sent to the address of record of each person having an unsatisfied claim, offer in satisfaction of such claim lands of a value of not less than the average fair market value of those public lands actually conveyed in exchange for each type of claim since August 5, 1955. Fair market value shall be determined in the manner prescribed in section 3 of this Act. Upon acceptance of the offer, the Secretary shall convey the lands to the claimant, if he determines that the claim is valid. SEC. 5. In respect of any type of claim recorded under the Act of August 5, 1955, not more than three conveyances of public lands in exchange for which have taken place since that date, the Secretary shall determine the type of claim which it most nearly resembles, and at least four conveyances in exchange for which has taken place since August 5, 1955, and shall, for the purposes of this Act, treat it in all respects as if it were such type of claim. SEC. 6. Prior to January 1, 1970, or, in the case of soldiers' additional homestead claims, January 1, 1975, any person who has a claim recorded pursuant to the Act of August 5, 1955, by written notice to the Secretary of the Interior, or any /officer of the Department of the Interior to whom authority to receive such notice may be delegated, may elect to receive cash instead of public land in satisfaction of his claim, at a rate per acre equal to the average value of the lands offered by the Secretary under section 4 pf this Act. Upon a deter-

August 31, 1964 [H. R. 4149]

Land scrip rights. Claims. 43 USC 274 note.

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[78

STAT.

mination that the claim is valid, the Secretary or his delegate shall certif;^ the claim to the Secretary of the Treasury who is authorized and directed to pay the claim out of any money in the Treasury not otherwise appropriated. Acceptance of the money shall constitute a full and complete satisfaction of the claim or holding for which the money is paiu: Provided, That no agent or attorney acting on behalf of another to procure a payment under this Act shall demand, accept, or receive more than 10 per centum of the payment made, and any agreement to the contrary shall be null and void. Approved August 31, 1964.

Public Law 88-546 August 31, 1964 [H. R. 931]

Allegheny Poi^ tage Railroad National Historic Site; J o h n s to w n Flood National Memorial. Establishment.

P u b l i c a t i o n in Federal Register.

16 USC 1 et seq.

16 USC 461-467. Appropriation.

AN ACT To provide for the establishment of the Allegheny Portage Railroad National Historic Site and the Johnstown Flood National Memorial in the State of Pennsylvania, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Interior is authorized to establish, as herein provided, the Allegheny Portage Railroad National Historic Site and the Johnstown Flood National Memorial in the State of Pennsylvania. For this purpose the Secretary may designate up to nine hundred and fifty acres of land that may, in his discretion, include portions of the Pennsylvania Canal, the Lemon House, the summit of the Allegheny Portage Railroad, the Skew Arch Bridge, incline planes numbered 6, 7, 8, 9, and 10 and the levels between them, the Portage Railroad tunnel, and such other land and historic features as may be necessary to illustrate the significant role of the Allegheny Portage Railroad and the Pennsylvania Canal in the Nation's history; and he may designate up to fifty-five acres in Cambria County, Pennsylvania, for use in commemorating the tragic Johnstown flood of May 31, 1889. SEC, 2. Within the areas designated pursuant to section 1, the Secretary is authorized to acquire lands and interests in lands by purchase, donation, purchase with donated funds, or otherwise. SEC. 3. When the Secretary of the Interior has acquired sufficient lands to form administrable park units, he shall publish notice of that fact in the Federal Register and the areas designated pursuant to section 1 shall thereafter be known as the Allegheny Portage Railroad National Historic Site and the Johnstown Flood National Memorial and shall be administered by the Secretary of the Interior pursuant to the provisions of the Act entitled "An Act to establish the National Park Service, and for other purposes," approved August 25, 1916 (39 Stat. 535), as amended and supplemented. SEC. 4. To provide for the preservation and interpretation of the remaining portions of the Allegheny Portage Railroad route not included within the national historic site, and to further commemorate the Johnstown flood, the Secretary is authorized to enter into cooperative agreements with the State of Pennsylvania, political subdivisions thereof, corporations, associations, or individuals, and to erect and maintain tablets or markers in accordance with^ the provisions contained in the Act approved August 21, 1935, entitled "An Act to provide for the preservation of historic American sites, buildings, objects, and antiquities of national significance, and for other purposes" (49 Stat. 666). SEC. 5. There are authorized to be appropriated such sums, but not more than $2,000,000, for land acquisition and development, as may be necessary to carry out the purposes of this Act. Approved August 31, 1964.

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PUBLIC LAW 88-547-AUG. 31, 1964

753

Public Law 88-547 AN ACT To provide for the establishment of the John Muir National Historic Site in the State of California, and for other purposes.

August 31, 1964 [H. R. 439]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary tiinlTHistor^c^" of the Interior may acquire on behalf of the United States the land, site, caiif. improvements thereon, and interests therein situated in the county Establishment. of Contra Costa, State of California, and described as follows: Beginning at a point marked by a post that bears south 24 degrees 30 minutes east 257.40 feet from the northwest corner of lot E of division numbered 1 of the Rancho E l Pinole; thence north 70 degrees 00 minutes east to a point in the westerly right-of-way line of Alhambra Avenue; thence southward along the said westerly right-of-way line of Alhambra Avenue to a point on the right-of-way line of the freeway survey delineated in the California State Division of Highways, district IV, appraisal map numbered A-655.34, dated November 21, 1962, said point also being in line with station (28 + 81') on the " M " line of said freeway survey; thence following the right-of-way line of said survey south 71 degrees 09 minutes 19 seconds west 2.0 feet to a point; thence along the said right-of-way line of the freeway survey the following two courses; south 18 degrees 50 minutes 41 seconds east 59.54 feet to a point, on a curve to the right, radius 1,958.0 feet, delta angle 2 degrees 1 minute 6 seconds, a distance of 68.97 feet to a point; thence south 16 degrees 49 minutes 35 seconds east about 112 feet to a point; thence south 31 degrees 55 minutes 10 seconds west about 160 feet to a point; thence south 80 degrees 08 minutes 57 seconds west 741.66 feet to a point; thence north 77 degrees 12 minutes 60 seconds west 132.68 feet to a point; thence north 65 degrees 53 minutes 54 seconds west 78.75 feet to a point in the center line of the Franklin Canyon Road; thence northward along the said center line of the Franklin Canyon Road to a point (which is south 9 degrees 24 minutes east along the center line of Franklin Canyon Road 281.43 feet and thence south 1 degree 50 minutes west 304.98 feet from the point common to the center line of the said Franklin Canyon Road and a north line of that certain 44.87-acre tract of land described in the deed from Daniel L. Parsowith to Pearl Parsowith, dated November 18, 1931, and recorded November 18, 1931, in Volume 290 of official records, at page 359); thence north 88 degrees 28 minutes 15 seconds east 418.01 feet (north 87 degrees 45 minutes 30 seconds east 421.70 feet-deed), as surveyed by the California State Division of Highways, district IV, appraisal map numbered A-655.34, dated November 21, 1962, to a point in the center of Franklin Creek; thence north 23 degrees 25 minutes 01 seconds east 121.15 feet (north 23 degrees 30 minutes east 120.56 feet-deed) as surveyed by said California State Division of Highways along Franklin Creek to a point; thence north 17 degrees 30 minutes east 132 feet continuing along Franklin Creek to a point;

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16 USC 1 et seq.

16 USC 461-467. Appropriation.

PUBLIC LAW 88-548-AUG. 31, 1964

[78 STAT.

thence leaving Franklin Creek north 70 degrees 0 minutes east 820.10 feet, more or less, to the point of beginning; containing approximately 9.2 acres. SEC. 2. The property acquired under this Act shall be designated as the fFohn Muir National Historic Site and shall be set aside as a public national memorial to John Muir in recognition of his eflPorts as a conservationist and a crusader for national parks and reservations. The Secretary of the Interior shall administer, protect, and develop such national historic site in accordance with the provisions of the Act entitled "An Act to establish a National P a r k Service, and for other purposes," approved August 25, 1916 (39 Stat. 535), as amended and supplemented, and the Act entitled "An Act to provide for the preservation of historic American sites, buildings, objects, and antiquities of national significance, and for other purposes," approved August 21, 1935 (49 Stat. 666), as amended. SEC. 3. There is hereby authorized to be appropriated not more than $300,000 for land acquisition and restoration of the buildings thereon. Approved August 31, 1964.

Public Law 88-548 August 31, 1964 [H. R. 9638]

Phosphate leases. 74 Stat. 785.

AN ACT To amend section 27 of the Mineral Leasing Act of February 25, 1920, as amended, in order to promote the development of phosphate on the public domain. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That subsection (c) of section 27 of the Act of February 25, 1920, as amended (30 U.S.C. 184), is further amended to read as follows: (c) No person, association, or corporation shall take, hold, own. Or control at one time, whether acquired directly from the Secretary under this Act or otherwise, phosphate leases or permits on an aggregate of more than twenty thousand four hundred and eighty acres in the United States. Approved August 31, 1964.

Public Law 88-549 August 31, 1964 [H. R. 10178]

Smithsonian Institution. Employment of aliens.

AN ACT To authorize the Smithsonian Institution to employ aliens in a scientific or technical capacity. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Smithsonian Institution, subject to adequate security and other investigations as he may determine to be appropriate, and subject further to a prior determination by him that no qualified United States citizen is available for the particular position involved, is authorized to employ and compensate aliens in a scientific or technical capacity at authorized rates of compensation without regard to statutory provisions prohibiting payment of compensation to aliens. Approved August 31, 1964.

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 The chelicerae are seen in position in one specimen. The pincers are partly lost and partly obscure, but the full length of the basal joints is shown. A well preserved chelicera exhibiting a broader free blade with slightly curved tips and a narrower straight finer blade is shown in another example. The basal joint is twice as long as the blades and rather slender. This chelicera measures about three sevenths the length of the metastoma. A third detached chelicera, finely exhibiting the blades, is reproduced in plate 12, figure 1. Here the basal joint is broad and relatively short.

The four pairs of endognathites do not differ from those of. The first three pairs are relatively short and stout; they increase in length from the first to the third pair at such a rate, that in their usual position their extremities form a straight line nearly tangent to the front of the carapace [ pl. 10], the third being about twice as long as the first. The middle segments of the first endognathite are about one third wider than long, those of the third as long as wide. The spines of these endognathites are long and slightly curved and those of the posterior sides slightly longer than those of the anterior. The fourth pair of legs is longer than the preceding pair by one half and slightly more slender. The last clawlike segment is very strongly developed. The coxa of none of these endognathites has been seen fully exposed; nor has the epicoxite been observed.

The swimming legs are broad and powerful organs, though subject to some variation [see var. ]. They reach to the sixth tergite when reflexed. The coxa [ pl. 11, fig. 5] is correspondingly large and strong. In form it does not differ from that of. The second to the sixth segments are also like those of that species. The seventh segment which with the eighth forms the paddle is much widened and trapezoidal in outline; its length and width about equal; the posterior side straight or slightly convex, the anterior highly convex, the distal margin straight, with a large subtriangular guide plate for the eighth segment attached to it. The eighth and ninth segments are as in the preceding species.


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 78 STAT. ]

755

PUBLIC LAW 88-551-AUG. 31, 1%4

Public Law 88-550 AN ACT To amend the Act of August 19, 1958, to permit purchase of processed food grain products in addition to purchase of flour and cornmeal and donating the same for certain domestic and foreign purposes.

Be it enacted by the Senate and House of Re2)resentathes of the United States of America in Congress assembled, That the Act of August 19, 1958, is amended to read as follows: "That at any time Commodity Credit Corporation has any grain available for donation pursuant to clause (3) or (4) of section 416 of the Agricultural Act of 1949, as amended, section 210 of the Agricultural Act of 1956, or title II of the Agricultural Trade Development and Assistance Act, as amended, the Corporation, in lieu of processing all or any part of such grain into human food products, may purchase such processed food products in quantities not to exceed the equivalent of the respective grain available for donation on the date of such purchase and donate such processed food products pursuant to clause (3) or (4) of such section 416, and to such section 210, and make such processed food products available to the President pursuant to such title II, and may sell, without regard to the provisions of section 407 of the Agricultural Act of 1949, as amended, a quantity of the grain equivalent to the processed food products so purchased: Provided, That no food product purchased pursuant to the authority contained herein shall constitute less than 50 per centum by weight of the grain from which processed, or contain any additive other than for normal vitamin enrichment, preservative, and bleaching purposes." Approved August 31, 1964.

August 31, 1964 [H. R. 1184(5]

P r o c e s s e d food grain p r o d u c t s, purchase 72 Stat. 635. 7 USC 1431 note. 7 USC 1431. 7 USC 1859.

7 USC 17211724.

7 USC 1427.

Public Law 88-551 AN ACT To authorize a per capita distribution of $350 from funds arising from judgments in favor of any of the Confederated Tribes of the Colville Reservation.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That the funds on deposit in the Treasury of the United States to the credit of the Colville Tribe, San Poeils-Nespelem Tribe, Okanogan Tribe, Methow Tribe, and Lake Tribe (certain constituent groups of the Confederated Tribes of the Colville Reservation) that were appropriated to pay a judgment of the Indian Claims Commission dated March 1, 1960, in docket numbered 181, and the funds which may be deposited in the Treasury of the United States to the credit of the said constituent groups or any other constituent groups of the Confederated Tribes of the Colville Reservation to pay any judgments arising out of claims presently pending before the Indian Claims Commission and the interest on said judgments, after payment of attorney fees and expenses, shall be credited to the account of the Confederated Tribes of the Colville Reservation and the Secretary of the Interior is authorized and directed to make a per capita distribution from such funds of $350, to the extent that such funds are available, to each enrolled member of the Confederated Tribes of the Colville Reservation. Any part, of such funds distributed per capita to the members of the tribes shall not be subject to Federal or State income tax. Approved August 31, 1964.

August 31, 1964 [S. 1169]

Indians. eonfederated T r i b e s of the Colville Reservation.

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[78 STAT.

Public Law 88-552 August 31, 1964 [S. 1007]

Pacific Northwest, Federal hydroelectric plants. Definitions.

Notice to purchasers.

Deliveries.

AN ACT To guarantee electric consumers in the Pacific Northwest first call on electric energy generated at Federal hydroelectric plants in that region and to guarantee electric consumers in other regions reciprocal priority, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, as used in this Act— (a) "Secretary" means the Secretary of the Interior. (b) "Pacific Northwest" means (1) the region consisting of the States of Oregon and Washington, the State of Montana west of the Continental Divide, and such portions of the States of Nevada, Utah, and Wyoming within the Columbia drainage basin and of the State of Idaho as the Secretary may determine to be within the marketing area of the Federal Columbia River power system, and (2) any contiguous areas, not in excess of seventy-five airline miles from said region, which are a part of the service area of a distribution cooperative which has (i) no generatin|^ facilities, and (ii) a distribution system from which it serves both within and without said region. (c) "Surplus energy" means electric energy generated at Federal hydroelectric plants in the Pacific Northwest which would otherwise be wasted because of the lack of a market therefor in the Pacific Northwest at any established rate. (d) "Surplus peaking capacity" means electric peaking capacity at Federal hydroelectric plants in the Pacific Northwest for which there is no demand in the Pacific Northwest at any established rate. (e) "Non-Federal utility" means any utility not owned or controlled by the United States, including any entity (1) which such a utility owns or controls, in whole Or in part, or is controlled by, (2) which is controlled by those controlling such utility, or (3) of which such utility is a member. (f) "Energy requirements of any Pacific Northwest customer" means the full requirements for electric energy of (1) any purchaser from the United States for direct consumption in the Pacific Northwest, and (2) any non-Federal utility in that region in excess of (i) the hydroelectric energy available for its own use from its generating plants in the Pacific Northwest, and (ii) any additional energy available for use in the Pacific Northwest which, under a then existing contract, the utility (A) can obtain at no higher incremental cost than the rate charged by the United States, or (B) is required to accept. (g) Terms not defined herein shall, unless the context requires otherwise, have the meaning given them in the March 1949 Glossary of Important Power and Rate Terms prepared under the supervision of the Federal Power Commission. SEC. 2. Subject to the provisions of this Act, the sale, delivery, and exchange of electric energy generated at, and peaking capacity of, Federal hydroelectric plants m the Pacific Northwest for use outside the Pacific Northwe^ shall be limited to surplus energy and surplus peaking capacity. At least 30 days prior to the execution of any contract for the sale, delivery, or exchange of surplus energy or surplus peaking capacity for use outside the Pacific Northwest, the Secretary shall give the then customers of the Booneville Powder Administration written notice that negotiations for such a contract are pending, and thereafter, at any customer's request, make available for its inspection current drafts oi the proposed contract. SEC. 3. (a^ Any contract for the sale or exchange of surplus energy for use outside the Pacific Northwest, or as replacement, directly or

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PUBLIC LAW 88-552-AUG. 31, 1964

indirectly, within the Pacific Northwest for hydroelectric energy delivered for use outside that region by a non-Federal utility, shall provide that the Secretary, after giving the purchaser notice not in excess of sixty days, will not deliver electric energy under such contract whenever it can reasonably be foreseen that such delivery would impair his ability to meet, either at or after the time of such delivery, the energy requirements of any Pacific Northw^est customer. The purchaser shall obligate himself not to take delivery of or use any such energy to supply any load under such conditions that discontinuance of deliveries from the Pacific Northwest in sixty days would cause undue hardship to the purchaser or in his territory, and, further, the purchaser shall acknowledge full responsibility if any such hardship occurs. Deliveries by a non-Federal utility from its generating plants in the Pacific Northwest for use on its own distribution system in an area outside but contiguous to the Pacific Northwest (not including any extension of its outside service area by merger or acquisition after the effective date of this Act) shall not be deemed deliveries by such utility for use outside the Pacific Northwest. (b) Electric energy generated at Federal hydroelectric plants in the Pacific Northwest which can be conserved, for which there is no immediate demand in the Pacific Northwest at any established rate, but for which the Secretary determines there may be a demand in meeting the future requirements of the Pacific Northwest, may be delivered for use outside that region only on a provisional basis under contracts providing that if the Secretary determines at a subsequent time that, by virtue of prior deliveries under such contract, the Secretary is or will be unable to meet the energy requirements of any Pacific Northwest customer, the purchaser will return the full amount of enera^y delivered to him, or such portion or portions thereof as may be required, at such time or times as may be specified by the Secretary, except that the Secretary shall not require return during the purchaser's daily peak periods. The Secretary shall require the return of the energy provisionally delivered hereunder, to such extent and at such times, as may be necessary to meet demands at any established rate for use within the Pacific Northwest. (c) Any contract for the disposition of surplus peaking capacity shall provide that (1) the Secretary may terminate the contract upon notice not in excess of sixty months, and (2) the purchaser shall advance or return the energy necessary to supply the peaking capacity, except that the Secretary shall not require such advance or return during the purchaser's daily peak periods. The Secretary may contract for the sale of such energy to the purchaser, in lieu of its return, under the conditions prescribed in subsection (a) of this section. (d) The Secretary, in making any determination of the energy requirements of any Pacific Nortliwest customer which is a non-Federal utility having hydroelectric generating facilities, shall exclude any amounts of hydroelectric energy generated in the Pacific Northwest and disposed of outside the Pacific Northwest by the utility which, through reasonable measures, could have been conserved or otherwise kept available for the utility's own needs in the Pacific Northwest. The Secretary may sell the utility as a replacement therefor only what would otherwise be surplus energy. SEC. 4. Any contract of the Secretary for the sale or exchange of electric energy generated at, or peaking capacity of. Federal hydroelectric plants in marketing areas outside the Pacific Northwest for use within the Pacific Northwest shall be subject to limitations and conditions corresponding to those provided in sections 2 and 3 for a,nj contract for the sale or exchange of hydroelectric energy or peaking

Contracts.

Limitations.

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Exchange contracts.

Transmission lines.

Rates.

Nonapplic ability.

PUBLIC LAW 88-552-AUG. 31, 1964

[78

STAT.

capacity generated within the Pacfic Northwest for use outside the Pacific Northwest. SEC. 5. Without regard to the limitations specified in sections 2 and 3 of this Act, the Secretary may enter into contracts for the exchange with areas other than the Pacific Northwest of (1) surplus energy during the Pacific Northwest storage refill period, (2) any hydroelectric energy during the Pacific Northwest storage refill period which will be returned to the Pacific Northwest in equal amounts during the same Pacific Northwest refill period or the succeeding storage drawdown period, (3) any hydroelectric energy which will be returntHl to the Pacific Northwest in equal amounts during the same Pacific Northwest storage drawdown period, (4) hydroelectric peaking capacity, or (5) surplus peaking capacity for energy. All benefits from such exchanges, including resulting increases of firm power, shall be shared equitably by the areas involved, having regard to the secondary energy and other contributions made by each. SEC. 6. Any capacity in Federal transmission lines connecting, either by themselves or with non-Federal lines, a generating plant in the Pacific Northwest or Canada with the other area or with any other area outside the Pacific Northwest, which is not required for the transmission of Federal energy or the energy described in section 9, shall be made available as a carrier for transmission of other electric energy between such areas. The transmission of other electric energy shall be at equitable rates determined by the Secretary, but such rates shall be subject to equitable adjustment at appropriate intervals not less frequently than once in every five years as agreed to by the parties. No contract for the transmission of non-Federal energy on a firm basis shall be affected by any increase, subsequent to the execution of such contract, in the requirements for transmission of Federal energy, the energy described in section 9, or other electric energy. SEC. 7. The Secretary shall offer to amend, without imposing any other requirement as a condition to such amendment, all existing contracts for the sale or exchange of electric power generated at Federal hydroelectric plants in the Pacific Northwest to include, and shall include in all new contracts, provisions giving the purchaser priority on electric power generated at such plants m conformity with the provisions of this Act. SEC. 8. No electric transmission lines or related facilities shall be constructed by any Federal agency outside the Pacific Northwest for the purpose of transmitting electric energy between the Pacific Northwest and Pacific Southwest, nor shall any arrangement for transmission capacity be executed by any Federal agency for the purpose of financing such lines and related facilities to be constructed by nonFederal entities, except those lines and facilities recommended for Federal construction in the Report of the Secretary of the Interior submitted to Congress on June 24, 1964, as supplemented on July 27, 1964, or as hereafter specifically authorized by Congress: Provided, That, except with respect to electric transmission lines and related facilities for the purpose of transmitting electric energy between the two regions above mentioned, nothing herein shall be construed as expanding or diminishing in any way the present authority of the Secretary of the Interior to construct transmission lines to market power and energy. SEC. 9. The provisions of this Act shall not be applicable to (1) the Canyon Ferry project and (2), except as provided in section 6, downstream power benefits to which Canada rs entitled under the treaty between Canada and the United States relating to the cooperative development of the water resources of the Columbia River Basin, signed at Washington, January 17, 1961, nor to energy or capacity

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PUBLIC LAW 88-553-AUG. 31, 1964

759

disposed of to Canada in any exchange pursuant to paragraph 1 or 2 of article VIII thereof. Nothing in this Act shall be construed to modify the geographical preference of power users in the State of Montana which is established by the Hungry Horse Dam Act (Act of June 4, 1944, 58 Stat. 270), as amended. 43 USC 593a, Approved August 31, 1964. ^^^^' ^"'^ "°*^^-

Public Law 88-553 AN ACT August 31, 1964 To authorize the Secretary of the Navy to convey to the city of Sunnyvale, State [H.. 12278] of California, certain lands in the county of Santa Clara, State of California, in exchange for certain other lands.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, notwithstanding any other provisions of law, the Secretary of the Navy, or his designee, is authorized to convey to the city of Sunnyvale, State of California, subject to the terms and conditions hereinafter stated, and to such other terms and conditions as the Secretary of the Navy, or his designee, shall deem to be in the public interest, all right, title, and interest of the United States in and to lands located in the county of Santa Clara, State of California, described substantially as follows: A parcel of land situate in the Kancho Pastoria de las Borregas, Santa Clara County, California, said parcel being a portion of that certain 153.133 acre tract of land described in judgment entered August 26, 1952, in civil action numbered 31783 had in the District Court of the United States in and for the Northern District of California, Southern Division, a copy of said judgment being recorded in book 2477, official records, at page 487, Records of Santa Clara County, and the boundaries of said parcel being described as follows: Beginning at a granite monument set at the point of intersection of the northerly line of Maude Avenue with the centerline of Mountain View and Alviso Road as said monument is shown on that certain map entitled, "Map of the Partition of Part of the Rancho Pastoria de las Borregas Patented to Martin Murphy, J r. " filed April 29, 1893, in the office of the recorder, Santa Clara County, California, in book G of maps at pages 74 and 75, from said point of beginning; thence, (1) north 57 degrees 00 minutes 30 seconds east, 54.33 feet to a point in the centerline of Mountain View and Alviso Road; thence (2) north 15 degrees 21 minutes east, 1,757.62 feet to a point; thence (3) north 74 degrees 44 minutes 10 seconds west, 432.23 feet to a point; thence (4) north 16 degrees 24 minutes east, 430.00 feet to a point; thence (5)north 74 degrees 44 minutes 10 seconds west, 415.16 feet to a point; thence (6) north 16 degrees 24 minutes east, 555.00 feet to the northerly terminus of the course designated as " ( 1 6) " in the aforesaid judgment; thence (7) south 74 degrees 44 minutes 10 seconds east, along the course designated as " ( 1 5) " in the aforesaid judgment, 800.00 feet to a point; thence 31-667 0-65—51

L^n'd'exch'an^i^^

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[78 STAT.

(8) south 22 degrees 20 minutes 30 seconds east, 1,877.07 feet to a point in the centerline of Mountain View and Alviso Road, as said road existed in the year 1952; thence along said centerline the following two courses; (9) north 57 degrees 00 minutes 30 seconds east, 1,898.20 feet; and (10) north 75 degrees 05 seconds east, 173.08 feet to a point therein; thence crossing said road; (11) south 15 degrees 55 minutes east, 30.00 feet to a point in the southerly line of said road, said point being the point of curvature of the course next following; thence (12) northeasterly, on the circumference of a circle, the radius point of which bears south 15 degrees 55 minutes east, 100.00 feet from the point of curvature, through a central angle of 19 degrees 13 minutes 23 seconds an arc distance of 33.55 feet (from the point of curvature, the long chord bears north 83 degrees 41 minutes 41.6 seconds east, 33.39 feet) to a point of tangency; thence nontangentially, and following the easterly and soiitherly boundaries of the aforesaid 153.133 acre tract, the following six courses: (13) south 14 degrees 52 minutes west, 2,027.23 feet to a point; thence (14) north 75 degrees 08 minutes west, 525.95 feet to a point; thence (15) north 14 degrees 52 minutes east, 192.52 feet to a point; thence (16) north 75 degrees 08 minutes west, 910.59 feet to a point; thence (17) south 14 degrees 52 minutes west, 1,095.29 feet to a point in the northerly line of Maude Avenue; thence (18) north 67 degrees 32 minutes west, along the northerly line of Maude Avenue, 1,208.24 feet to the point of beginning. Containing within the above-described boundaries, 95.229 acres, more or less. SEC. 2. I n consideration of the conveyance to the city of Sunnyvale by the United States of the aforesaid lands, the city of Sunnyvale shall convey to the United States such lands located in the county of Santa Clara, State of California, which are acceptable to the Secretary of the Navy, or his designee. The city of Sunnyvale shall pay to the United States the difference, if any, between the value of the property so conveyed by the United States, as hereinafter provided, and the fair market value of the lands and interests in lands accepted in exchange therefor. The land conveyed to the city of Sunnyvale shall be used for park or recreational purposes and valued at 50 per centum of its fair market value. The conveyance shall provide that the land be used for park or recreational purposes, and that in the event the land ceases to be used or maintained for park or recreational purposes, the city of Sunnyvale, its grantees or assignees, shall pay to the United States 50 per centum of the then fair market value. SEC. 3. The Secretary of the Navy, or his designee, is also authorized to accept from the city of Sunnyvale such appropriate interests in other lands as may be considered necessary for protection of the interests of the United States in connection with the exchange. Approved August 31, 1964.

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761

Public Law 88-554 AN ACT To continue for a temporary period certain existing rules relating to the deductibility of accrued vacation pay, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 97 of the Technical Amendments Act of 1958, as amended (26 U.S.C. sec. 162, note), is amended by striking out "January 1, 1965," and inserting in lieu thereof "January 1, 1967,". SEC. 2. (a) For purposes of the tax imposed by section 2001 of the Internal Revenue Code of 1954, the value of the taxable estate of Carbon P. Dubbs, who died on August 21, 1962, shall be determined by deducting from the value of the gross estate of such Carbon P. Dubbs (in addition to all other deductions and exemptions allowed by part IV of subchapter A of chapter 11 of such Code) $808,147.87, if cash in the amount of $779,699.17 and household furnishings and equipment with a fair market value of $28,448.70 are transferred, on or before the sixtieth day after the date of the enactment of this Act, to the Department of State of the United States pursuant to and in accordance with the offer of bequest dated February 19, 1963, from the estate of such Carbon P. Dubbs (accepted by the Secretary of State pursuant to section 1021 of the Foreign Service Act of 1946 (22 U.S.C. 809 (1958)), on June 5, 1963). The deduction provided for in this section shall be treated for purposes of the Internal Revenue Code of 1954 as if it had been provided for under section 2055 of such Code, on August 21, 1962. (b) The Commissioner of Internal Revenue is authorized to enter into a closing agreement under section 7121 of the Internal Revenue Code of 1954 to meet and satisfy the condition set forth in subparagraph (B) of the eleventh paragraph of the Agreement, as amended, made as of May 1, 1964, with respect to the probate proceedings relating to the estate of Anna Gould de Talleyrand (entitled "Probate Proceeding, Will of Anna Gould de Talleyrand, Deceased", in the Surrogate's Court of the County of New York, State of New York (file No. P3878-1961)), between the United States of America, the National Trust for Historic Preservation, the First National City Bank of New York, and others. The enactment of this subsection shall constitute approval of such closing agreement and of the allowance of the deductions in computing the taxable estate of Anna Gould de Talleyrand specified in subparagraph (B) of the eleventh paragraph of such Agreement. SEC. 3. (a) The Secretary of Commerce is authorized and directed to investigate and study the feasibility of imposing taxes on those transit and commuter systems which are the beneficiaries of Federal financial assistance under the Urban Mass Transportation Act of 1964 for the purpose of raising revenues to defray Federal expenditures under such Act. (b) I n making the investigation and study under subsection (a), the Secretary of Commerce is authorized to cooperate and consult with appropriate Federal, State, and local government agencies, and with representatives of the transit and commuter service industry and national organizations concerned with mass transportation service. (c) The costs of making the investigation and study under subsection (a) shall be paid from appropriations available for expenses of the Office of the Secretary of Commerce. (d) The Secretary of Commerce shall report the results of the investigation and study under subsection (a), together with his recommendations, to the Committee on Finance of the Senate and the Com-

August 31, 1964 [H. R. i0467j

Taxes. Vacation pay,

deducubrnty.' 72 Stat. i672; 68A Stat. 373. 26 USC 2001.

J^^ ^sc 2051-

60 Stat. 1031.

^^ "^^ 2°''^-

^^ "^^ ^^''^•

Taxation^s^S^" les. " " Ante, p. 302.

r^s^k)na\°co°"r mitlees^^ '"""'

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[78 STAT.

mittee on Ways and Means of the House of Representatives at the earliest practicable date, but not later than June 30, 1965. S^^- ^- (^) Section 318(a) of the Internal Revenue Code of 1954 (relating to constructive ownership of stock) is amended by striking out paragraphs (2), (3), and (4) and inserting in lieu thereof the following: " (2) ATTRIBUTIOI^ FROM PARTNERSHIPS, ESTATES, TRUSTS, AND CORPORATIONS.— " (A) FROM PARTNERSHIPS AND ESTATES.—Stock owned,

directly or indirectly, by or for a partnership or estate shall be considered as owned proportionately by its partners or beneficiaries. " (B) FROM TRUSTS.—

^6 us^c 4of' 26 USC 501.'

678^ ^^^ ^^^'

" (i) Stock owned, directly or indirectly, by or for a trust (other than an employees' trust described in sec^^^^ 401(a) which is exempt from tax under section 501 (a)) shall be considered as owned by its beneficiaries in proportion to the actuarial interest of such beneficiaries in such trust. "(ii) Stock owned, directly or indirectly, by or for any portion of a trust of which a person is considered ^^^^ owner under subpart E of part I of subchapter J (relating to grantors and others treated as substantial owners) shall be considered as owned by such person. " (C) FROM CORPORATIONS.—If 50 percent or more in value of the stock in a corporation is owned, directly or indirectly, by or for any person, such person shall be considered as owning the stock owned, directly or indirectly, by or for such corporation, in that proportion which the value of the stock which such person so owns bears to the value of all the stock in such corporation. " (3) ATTRIBUTION TO PARTNERSHIPS, ESTATES, TRUSTS, AND CORPORATIONS.— " (A) TO PARTNERSHIPS AND ESTATES.—Stock owned, di-

rectly or indirectly, by or for a partner o r a beneficiary of an estate shall be considered as owned by the partnership or estate. "(B)

To TRUSTS.—

" (i) Stock owned, directly or indirectly, by or for a beneficiary of a trust (other than an employees' trust described in section 401(a) which is exempt from tax under section 501(a)) shall be considered as owned b j the trust, unless such beneficiary's interest in the trust is a remote contingent interest. For purposes of this clause, a contingent interest of a beneficiary in a trust shall be considered remote if, under the maximum exercise of discretion by the trustee in favor of such beneficiary, the value of such interest, computed actuarially, is 5 percent or less of the value of the trust property. "(ii) Stock owned, directly or indirectly, by or for a person who is considered the owner of any portion of a trust under subpart E of part I of subchapter J (relating to grantors and others treated as substantial owners) shall be considered as owned by the trust. " (C) To CORPORATIONS.—If 50 percent or more in value of the stock in a corporation is owned, directly or indirectly, by or for any person, such corporation shall be considered as owning the stock owned, directly or indirectly, by or for such person.

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 78 STAT.]

PUBLIC LAW 88-554-AUG. 31, 1964

763

"(4) OPTIONS.—If any person has an option to acquire stock, such stock shall be considered as owned by such person. For purposes of this paragraph, an option to acquire such an option, and each one of a series of such options, shall be considered as an option to acquire such stock. " (5) OPERATING RULES.—

" (A) IN GENERAL.—Except as provided in subparagraphs (B) and (C), stock constructively owned by a person by reason of the application of paragraph (1), (2), (3), or (4), shall, for purposes of applying paragraphs (1), (2), (3), and (4), be considered as actually owned by such person. " (B) MEMBERS OF FAMILY.—Stock constructively owned by an individual by reason of the application of paragraph (1) shall not be considered as owned by him for purposes of again applying paragraph (1) in order to make another the constructive owner of such stock. " (C) PARTNERSHIPS, ESTATES, TRUSTS, AND CORPORATIONS.—

Stock constructively owned by a partnership, estate, trust, or corporation by reason of the application of paragraph (3) shall not be considered as owned by it for purposes of applying paragraph (2) in order to make another the constructive owner of such stock. "(D)

OPTION RULE I N LIEU or FAMILY RULE.—For purposes

of this paragraph, if stock may be considered as owned by an individual under paragraph (1) or (4), it shall be considered as owned by him under paragraph (4)." (b)(1) Section 304(b)(1) (relating to rule, for determinations under section 302(b)) and section 304(c)(2) (relating to constructive ownership) of the Internal Revenue Code of 1954 are amended by striking out "section 318(a)(2)(C) " and inserting in lieu thereof "sections 318(a)(2)(C) and 318 (a)(3)(C) ". (2) Section 318(b) of such Code (relating to cross-references) is amended by striking out "and" at the end of p a r a ^ a p h (6), by renumbering paragraph (7) as paragraph (8), and by inserting after paragraph (6) the following new paragraph:

26'us<f*304!" ^^ "^"^ ^'^•

"O) section 958(b) (relating to constructive ownership rules with respect to controlled foreign corporations); and"

(3) Section 382(a)(3) of such Code (relating to attribution of ownership) is amended by striking out "section 318(a)(2)(C) " and inserting in lieu thereof "sections 318(a)(2)(C) and 318(a)(3)(C) ". (4) Section 856(d) of such Code (relating to rents from real property defined) is amended by striking out "section 318(a)(2) " in the last sentence and inserting in lieu thereof "sections 318(a)(2) and 318 (a)(3)". (5) Section 958(b) of such Code (relating to constructive ownership) is amended— (A) by striking out "the first sentence of subparagraphs (A) and (B), and in applying clause (i) of subparagraph (C), " in paragraph (2) and inserting in lieu thereof "subparagraphs (A), (B), and (C) "; (B) by striking out paragraph (3); (C) by striking out "(4) I n applying clause (i) of subparagraph (C) " and inserting m lieu thereof "(3) I n applying subparagraph (C) "; and (D) by striking out "(5) The second sentence of subparagraphs (A) and (B), and clause (ii) of subparagraph ((J), of section 3 1 8 (a)(2) " and inserting in lieu thereof "^(4) Subparagraphs (A), (B), and (C) of section 318(a)(3)".

^e use 382. 74 Stat. 1004. 26 USC 856.

76 Stat. 1018. 26 USC 958.

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 764 76 Stat. 1059. 26 USC 6038.

Ante, p. 762.

26 USC 302, 304.

PUBLIC LAW 88-555-AUG. 31, 1964

[78

STAT.

(6) Section 6038(d)(1) of such Code (relating to definition of control) is amended— (A) by striking out "the second sentence of subparagraphs (A) and (B), and clause (ii) of subparagraph (C), of section 318 (a)(2) " in subparagraph (A) and inserting in lieu thereof "subparagraphs (A), (B), and (C) of section 318(a)(3) "; and (B) by striMng out "clause (i) of" in subparagraph (B). (c) The amendments made by this section shall take effect on the date of the enactment of this Act, except that, for purposes of sections 302 and 304 of the Internal Revenue Code of 1954, such amendments shall not apply with respect to distributions in payment for stock acquisitions or redemptions, if such acquisitions or redemptions occurred before the date of the enactment of this Act. Approved August 31, 1964.

Public Law 88-555 August 31, 1964 [H. J. R e s. 733]

Clear ereek, ealif. Judge Francis earr Powerhouse, designation.

JOINT RESOLUTION To designate the powerhouse on Clear Creek at the head of Whiskeytown Reservoir, in the State of California, as Judge Francis Carr Powerhouse. Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the one hundred and thirty thousand kilowatt capacity powerhouse on Clear Creek at the head of Whiskeytown Keservoir shall hereafter be known as Judge Francis Carr Powerhouse in honor of Judge Francis Carr, of Redding, California, a lawyer, judge, public servant, and advocate of reclamation development including the great Central Valley project developed to meet the serious water shortages in the San Joaquin Valley and Sacramento Valley of California. The Secretary of the Interior is hereby directed to place a suitable plaque at the site. Any law, regulation, document, or record of the United States in which such powerhouse is designated or referred to shall be held to refer to such powerhouse under and by the name of Judge Francis Carr Powerhouse. Approved August 31, 1964.

Public Law 88-556 August 31, 1964 [H. R. 8355]

D.C. Life Insurance Act, amendment. D.e. eode 35-508.

75 Stat. 514. D.C. Code 35-535.

AN ACT To amend the Life Insurance Company Act of the District of Columbia (48 Stat. 1145), approved June 19, 1934, as amended. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 8, chapter III of the Life Insurance Act (48 Stat. 1145) is amended by inserting at the beginning thereof " (a) " and by striking the figure "$100,000" in the first sentence thereof and inserting in lieu thereof the figure "$200,000", and by adding the following subsection: "(b) No company shall be exempt from the provisions of this section by reason of its having been incorporated in the District or elsewhere prior to the effective date of this subsection, except that in the case of companies authorized in the District of Columbia on (date of passage) and continuously authorized thereafter without any increase or broadening of authority, the minimum capital required of a stock company shall not be increased by this section," SEC. 2. (a) Subsection 10(b) (ii) of section 35 of chapter III of the Life Insurance Act of the District of Columbia (48 Stat. 1145) is

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PUBLIC LAW 88-556-AUG. 31, 1964

amended to read as follows: "(ii) if such acquisition will not cause the acquiring company's aggregate cost of investments under this paragraph to exceed, in the case of a capital stock company, the amount of capital, surplus, and contingency reserves in excess of $300,000, or, in the case of a mutual company, the amount of surplus and contingency reserves in excess of $150,000, and". (b) Subsection 15 (ii) of section 35 of chapter III of such Act is amended by deleting the words "the amount of capital, surplus, and contingency reserves in excess of $150,000," and substituting therefor the following: "in the case of a capital stock company, the amount of capital, surplus, and contingency reserves in excess of $300,000 or, in the case of a mutual company, the amount of surplus and contingency reserves in excess of $150,000,". SEC. 3. The first sentence of section 9 of chapter III of the Life Insurance Act (48 Stat. 1145) is amended by striking the words "twothirds of its stockholders" and inserting in lieu thereof the words "stockholders representing at least two-thirds of the capital stock entitled to vote". SEC. 4. Section 10 of chapter III of the Life Insurance Act (48 Stat. 1145) is amended by inserting at the beginning thereof " (a) " and by adding the following subsection: " (b) Subsection (a) hereof shall not be applicable to an amendment of the articles of incorporation providing for an increase of capital stock wherein said amendment provides that said increase will be reserved for issuance for— "(1) the acquisition of the ownership or control of another insurance company as an affiliate or subsidiary subject to the limitations of subsection 10(b) of section 35 of chapter III of the Life Insurance Act (D.C. Code 35-535 10(b)): Provided, however, That no such acquisition shall be consummated until it has been approved or ratified by stockholders representing at least a majority of the capital stock entitled to vote; " (2) the granting of options to officers or employees of the company to purchase authorized but unissued shares of stock of the company, for such consideration and upon such terms and conditions as may be fixed by the board of directors: Provided, liowever^ That (a) at no time shall the number of shares reserved for this purpose exceed, in the aggregate, 5 per centum of the total authorized shares of stock of the company; (b) no more than 10 per centum of the total number of shares authorized to be optioned may be made available to any individual under any and all options issued to him by the company; (c) no option shall be promised or granted (1) to any individual employed by an insurance company authorized to do business in the District of Columbia (other than the company promising or granting the option or a subsidiary of the company promising or granting the option) while that individual is so employed, or (2) to any individual within two years following the termination of his employment with such an insurance company; (d) the option price of shares subject to any such option shall not be less than 95 per centum of the fair market value of such shares at the time the option is granted and shall be not less than the par value of such shares; (e) any such option shall not be transferable except by will or the laws of descent and distribution; (f) any such option shall not be exercisable after the expiration of 10 years from the time the option is granted; or " (3) the paying of stock dividends: Provided, That at no time shall the number of shares of reserved unissued stock exceed the number of shares of issued and outstanding shares of stock of said company." SEC. 5. This Act shall take effect on the first day of the first month which is at least ninety days after its approval. Approved August 31, 1964.

765

74 Stat. 865.

D.C. Code 35-509.

D.C. Code 35-510,

Elective date.

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PUBLIC LAW 88-557-AUG. 31, 1964

[78 STAT.

Public Law 88-557 August 31, 1964 ———' ^^ ^"•'

AN ACT To authorize the exchange of public domain lands heretofore withdrawn and reserved for the use of the Hanford project of the Atomic Energy Commission, and for other purposes.

Be it enacted by the Senate and House of Representatives of the Land°etrhalr e*.' ^'^^'^^^ States of America in Co7igress assembled, That all interests of the United States in the public domain lands lying south and west of the Columbia River, and within: Township 14 north, range 26 east, section 28; Township 14 north, range 27 east, section 34; Township 13 north, range 25 east, section 14; Township 10 north, range 28 east, sections 2,4, and 10; Township 12 north, range 26 east, sections 2, 4, 6, 8, 10, 12, 14, and 18; Township 12 north, range 25 east, sections 2,12, and 14; Township 13 north, range 26 east, sections 28,30,32, and 34; Willamette meridian, comprising approximately 10,000 acres, which lands are now withdrawn and reserved for the use of the Hanford project of the Atomic Energy Commission, shall hereafter be held by ihe Atomic Energy Commission as an agent of and on behalf of the United States, and the Atomic Energy Commission shall exercise all of the authorities with respect thereto as provided in the Atomic 68 Stat. 919 Energy Act of 1954, as amended, and the Atomic Energy Community 42 USC 2011 note. " Act of 1955, as amended: Provided, That any disposal of such lands 42 us^c 2 3 i pursuant to such Acts shall be subject to valid existing rights in third note. parties: Provided further, That nothing herein shall be deemed to add to, modify, or eliminate any authority of the Commission pursuant to such Acts to dispose of property. SEC. 2. All lands within the Hanford project lying north and east of the Columbia River and within: Township 14 north, range 28 east, sections 18, 19, west half section 20, west half section 29, and sections 30, 31, and 32; Township 13 north, range 27 east, sections 1, 12, and 13; Township 13 north, range 28 east, sections 5, 6, 7, and 8; Willamette meridian, that were acquired by the Manhattan Engineering District or by the Atomic Energy Commission and that are now under the administrative control of the Atomic Energy Commission, comprising approximately 7,000 acres, are hereby designated public domain lands of the United States subject to all of the laws and regulations applicable thereto, and are withdrawn from all forms of appropriation under the public land laws, including the mining and mineral leasing laws, and are reserved for the use of the Atomic Energy Commission in connection with its Hanford operations until such withdrawal and reservation are revoked by order of the Secretary of the Interior with the concurrence of the Atomic Energy Commission. SEC. 3. The Secretary of the Interior and the Atomic Energy Commission may by agreement designate not to exceed 1,920 additional acres of public domain lands reserved for the Hanford project, which shall thereafter be held by the Atomic Energy Commission in accordance with the provisions of section 1 of this Act, and acquired lands of approximately equal value under the administrative control of the Atomic Energy Commission, which shall thereafter be held by the Atomic Energy Commission in accordance with the provisions of section 2 of this Act. Approved August 31, 1964.
 * 0

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