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Page:United States Statutes at Large Volume 90 Part 1.djvu/938

 90 STAT. 888

PUBLIC LAW 94-354—JULY 12, 1976

Public Law 94-354 94th Congress ' ' ' ' • " July iz, IV/o [H.R. 13069] Virgin Islands. Unemployment fund loans, «^*®nop"oon^ note

A n Act

• •'

•••

rpQ extend and increase the authorization for making loans to the unemployment fund of the Virgin Islands. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) subsection (d) of section 301 of the Emergency Compensation and Special Unemployment Assistance Extension Act of 1975 is amended— (1) by striking out " June 30, 1976" and inserting in lieu thereof "September 30, 1977"; and (2) by striking out "$5,000,000" and inserting in lieu thereof "$15,000,000". (b) Subsection (c) of such section 301 is amended by striking out " January 1, 1978" each place it appears and inserting in lieu thereof " January 1, 1979". Approved July 12, 1976.

LEGISLATIVE HISTORY: HOUSE REPORT No. 94-1018 (Comm. on Ways and Means). SENATE REPORT No. 94-819 (Comm. on Finance). CONGRESSIONAL RECORD, Vol. 122 (1976): Apr. 13, considered and passed House. June 16, considered and passed Senate, amended. July 1, Senate receded from its amendments.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/939

 PUBLIC LAW 9 4 - 3 5 5 — J U L Y 12, 1976

90 STAT. 8 8 9

Public Law 94-355 94th Congress An Act Making appropriations for public works for water and power development and energy research, including the Corps of Engineers—Civil, the Bureau of Reclamation, power agencies of the Department of the Interior, the Appalachian regional development programs, the Federal Power Commission, the Tennessee Valley Authority, the Nuclear Regulatory Commission, the Energy Research and Development Administration, and related independent agencies and commissions for the fiscal year ending September 30, 1977, and for other purposes.

July 12, 1976 [H.R. 14236]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following Public Works for sums are appropriated, out of any money in the Treasury not other- Water and Power wise appropriated, for the fiscal year ending September 30, 1977, for Development and public works for water and power development and energy research, Energy Research Appropriation including the Corps of Engineers—Civil, the Bureau of Reclamation, Act, 1977. power agencies of the Department of the Interior, the Appalachian regional development programs, the Federal Power Commission, the Tennessee Valley Authority, the Nuclear Regulatory Commission, the Energy Research and Development Administration, and related independent agencies and commissions, and for other purposes, n a m e l y: TITLE I—ENERGY RESEARCH AND ADMINISTRATION

DEVELOPMENT

OPERATING E X P E N S E S

For necessary operating expenses of the Administration in carrying out the purposes of the Energy Reorganization Act of 1974; hire, 42 USC 5801 maintenance, and operation of aircraft; publication and dissemina- note. tion of atomic and other energy information; purchase, repai, and cleaning of uniforms; official entertainment expenses (not to exceed $25,000); reimbursement of the General Services Administration for security g u a r d services; hire of passenger motor vehicles; $4,147,563,000 and any moneys (except sums received from disposal of property under the Atomic Energy Community Act of 1955 and the Strategic and Critical Materials Stockpiling Act, as amended, and fees received for tests or investigations under the Act of May 16, 1910, as amended (42 U.S.C. 2301; 50 U.S.C. 98h; 30 U.S.C. 7)) received 42 USC 2301 by the Energy Research and Development Administration, notwith- note; standing the provisions of section 3617 of the Revised Statutes (31 50 USC 98 note. U.S.C. 484), to remain available until expended: Provided, That from this appropriation transfers of sums may be made to other agencies of the Government for the performance of the work for which this appropriation is made, and in such cases the sums so transferred may be merged with the appropriation to which transferred: Provided further, That the amount appropriated in any other appropriation act for " Operating expenses" for the Energy Research and Development Administration for the fiscal year ending September 30, 1977, shall be merged, without limitation, with this a p p r o p r i a t i o n: Provided further, That this appropriation shall be available only upon the enactment into law of authorizing legislation.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/940

 9 0 STAT. 890

PUBLIC LAW 94-355—JULY 12, 1976 P L A N T AND CAPITAL EQUIPMENT

42 USC 5801 note.

For expenses of the Administration, as authorized by law, in connection with the purchase and construction of plant and the acquisition of capital equipment and other expenses incidental thereto necessary in carrying out the purposes of the Energy Reorganization Act of 1974, including the acquisition or condemnation of any real property or any facility or for plant or facility acquisition, construction, or expansion; purchase of not to exceed three hundred and thirty-eight for replacement only, and hire of passenger motor vehicles; purchase of not to exceed two, and hire of aircraft; $1,572,410,000, to remain available until expended: Provided, That the amount appropriated in any other appropriation Act for " P l a n t and capital equipment" for the Energy Research and Development Administration for the fiscal year ending September 30, 1977, shall be merged, without limitation, with this a p p r o p r i a t i o n: Provided further, That this appropriation shall be available only upon the enactment into laAV of authorizing legislation. GEOTHERMAL RESOURCES DEVELOPMENT F U N D

30 USC 1101 note.

For carrying out the Loan Guarantee and Interest Assistance Program as authorized by the Geothermal Energy Research, Development, and Demonstration Act of 1974, $30,000,000, to remain available until expended: Provided, That the indebtedness guaranteed or committed to be guaranteed shall not exceed the aggregate of $200,000,000: Provided further, That after September 2, 1984, no part of this or any other appropriation for the purposes of the Loan Guarantee and Interest Assistance Program shall be available for obligation. GENERAL PROVISION

Transfer of funds; report to congressional committees

SEC. 101. Not to exceed 5 per centum of appropriations made available for the current fiscal year for " Operating expenses" and " P l a n t and capital equipment" may be transferred between such appropriations, b u t neither such appropriation, except as otherwise provided herein, shall be increased by more than 5 per centum by any such transfers, and any such transfers shall be reported promptly to the Appropriations Committees of the House and Senate. TITLE II—DEPARTMENT OF DEFENSE—CIVIL DEPARTMENT OF THE A R M Y CORPS OF E N G I N E E R S — C IV I L

The following appropriations shall be expended under the direction of the Secretary of the Army and the supervision of the Chief of P]ngineers for authorized civil functions of the Department of the Army pertaining to rivers and harbors, flood control, beach erosion, and related purposes. GENERAL INVESTIGATIONS

For expenses necessary for the collection and study of basic information pertaining to river and harbor, flood control, shore protection, and related projects, restudy of authorized projects, and when authorized by law, surveys and studies of projects prior to authorization for construction, $71,920,000, to remain available until expended: Provided, That $2,000,000 of this appropriation shall be transferred

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Page:United States Statutes at Large Volume 90 Part 1.djvu/941

 PUBLIC LAW 94-355—JULY 12, 1976

90 STAT. 891

to the United States Fish and Wildlife Service for studies, investigations, and reports thereon as required by the Fish and Wildlife Coordination Act of 1958 (72 Stat. 563-565), to provide that wildlife 16 USC 661 note, conservation shall receive equal consideration and be coordinated with other features of water-resource development programs of the Department of the Army. CONSTRUCTIOISr, GENERAL

j

For the prosecution of river and harbor, flood control, shore protection, and related projects authorized by laws; and detailed studies, and plans and specifications, of projects (including those for development with participation or under consideration for participation by States, local governments, or private groups) authorized or made eligible for selection by law (but such studies shall not constitute a commitment of the Government to construction): $1,436,745,000, to remain available until expended: Provided, That no part of this appropriation shall be used for projects not authorized by law or which are authorized by law limiting the amount to be appropriated therefor, except as may be within the limits of the amount now or hereafter authorized to be appropriated: Provided further, That $2,000,000 of this appropriation shall be transferred to the United States Fish and Wildlife Service for studies, investigations, and reports thereon as required by the Fish and Wildlife Coordination Act of 1958 (72 Stat. 563-565) to provide that wildlife conservation shall receive equal consideration and be coordinated with other features of water-resource development programs of the Department of the Army. FLOOD CONTROL, MISSISSIPPI RIVER AND TRIBUTARIES

For expenses necessary for prosecuting work of flood control, and rescue work, repair, restoration, or maintenance of flood control projects threatened or destroyed by flood, as authorized by law (33 U.S.C. 702a, 702g-l), $231,497,000, to remain available until expended: Provided, That not less than $250,000 shall be available for bank stabilization measures as determined by the Chief of Engineers to be advisable for the control of bank erosion of streams in the Yazoo Basin, including the foothill area, and where necessary such measures shall complement similar works planned and constructed by the Soil Conservation Service and be limited to the areas of responsibility mutually agreeable to the District engineer and the State Conservationist. OPERATION AND M A I N T E N A N C E, GENERAL

i

For expenses necessary for the preservation, operation, maintenance, and care of existing river and harbor, flood control, and related works, including such sums as may be necessary for the maintenance of harbor channels provided by a State, municipality or other public agency, outside of harbor lines, and serving essential needs of general commerce and navigation; administration of laws pertaining to preservation of navigable waters; surveys and charting of northern and northwestern lakes and connecting waters; clearing and straightening channels; and removal of obstructions to navigation; $648,900,000, to remai]i available until expended. REVOLVING F U N D

For the design and construction of hopper dredges, $6,600,000, to remain available until expended.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/942

 90 STAT. 892

PUBLIC LAW 94-355—JULY 12, 1976 FLOOD CONTROL AND COASTAL EMERGENCIES

33 USC 701n.

For expenses necessary for emergency flood control, hurricane, and shore protection activities, as authorized by section 5 of the Flood Control Act, approved August 18, 1941, as amended, $22,140,000, to remain available until expended. GENERAL EXPENSES

,

For expenses necessary for general administration and related functions in the Office of the Chief of Engineers and offices of the Division Engineers; activities of the Board of Engineers for Eivers and Harbors and the Coastal Engineering Research Center; commercial statistics; and miscellaneous investigations; $47,200,000. -

SPECIAL RECREATION USE TEES

For construction, operation, and maintenance of outdoor recreation facilities, including collection of special recreation use fees, to remain available until expended, $2,000,000, to be derived from the special account established by the Land and Water Conservation Act of 1965, 16 USC 460/-6a. as amended (16 U.S.C. 4601): Provided, That not more than 40 per centum of the foregoing amount shall be available for the enhancement of the fee collection system established by section 4 of such Act, including the promotion and enforcement thereof, ADMINISTRATIVE PROVISIONS

Appropriations in this title shall be available for expenses of attendance by military personnel at meetings in the manner authorized by 5 U.S.C. 4110, uniforms, and allowances therefor, as authorized by law (5 U.S.C. 5901-5902), and for printing, either during a recess or session of Congress, of survey reports authorized by law, and such survey reports as may be printed during a recess of Congress shall be printed, with illustrations, as documents of the next succeeding session of Congress; not to exceed $10,000 for official reception and representation expenses; and during the current fiscal year the revolving fund. Corps of Engineers, shall be available for purchase (not to exceed one hundred and sixty-nine of which one hundred and sixty-seven shall be for replacement only), and hire of passenger motor vehicles: Provided, That the total capital of the revolving fund shall not exceed $291,000,000.

TITLE III—DEPARTMENT OF THE INTERIOR BUREAU OF RECLAMATION

For carrying out the functions of the Bureau of Reclamation as provided in the Federal reclamation laws (Act of June 17, 1902, 32 43 USC 371 and Stat. 388, and Acts amendatory thereof or supplementary thereto) ^°^and other Acts applicable to that Bureau, as follows: GENERAL INVESTIGATIONS

For engineering and economic investigations of proposed Federal reclamation projects and studies of water conservation and development plans and activities preliminary to the reconstruction, rehabilitation and betterment, financial adjustment, or extension of existing

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Page:United States Statutes at Large Volume 90 Part 1.djvu/943

 PUBLIC LAW 94-355—JULY 12, 1976

90 STAT. 893

projects, to remain available until expended, $24,762,000: Provided. That none of this appropriation shall be used for more than one-half of the cost of an investigation requested by a State, municipality, or other interest: Prowc^ec?/wr^^67', That $554,000 of this appropriation shall be transferred to the United States Fish and Wildlife Service for studies, investigations, and reports theieon as required by the Fish and Wildlife Coordination Act of 1958 (72 Stat. 563-565) to provide 16 USC 661 note. that wildlife conservation shall receive equal consideration and be coordinated with other features of water-resource development programs of the Bureau of Reclamation. CONSTRUCTION AND RKHABILITATION

For construction and rehabilitation of authorized reclamation projects or parts thereof (including power transmission facilities) and for other related activities, as authorized by law, to remain available until expended, $348,811,000, of which $214,000,000 shall be derived from the reclamation fund: Provided, That no part of this appropriation shall be used to initiate the construction of transmission facilities within those areas covered by power wheeling service contracts which include provision for service to Federal establishments and preferred customers, except those transmission facilities for which construction funds have been heretofore appropriated, those facilities which are necessary to carry out the terms of such contracts or those facilities for which the Secretary of the Interior finds the wheeling agency is unable or unwilling to provide for the integration of Federal projects or for service to a Federal establishment or preferred customer: Provided further, That the final point of discharge for the interceptor drain for the San Luis Unit shall not be determined until development by the Secretary of the Interior and the State of California of a plan, which shall conform with the water quality standards of the State of California as approved by the Administrator of the Environmental Protection Agency, to minimize any detrimental effect of the San Luis drainage waters. For an additional amount for "Construction and rehabilitation", to become available immediately upon enactment of this Act, to remain available until expended, $200,000,000: Provided, That this additional amount may be made available without reimbursement: Provided further, That this appropriation is for the payment of claims for damages to or loss of property, personal injury, or death proximately resulting from the failure on June 5, 1976, of the Teton River Dam, in accordance with such rules and regulations of the Secretary of the Interior as may be necessary and proper for the purpose of administering such claims and of determining the amounts to be allowed pursuant to this appropriation and the persons entitled to receive the same: Provided further, That nothing herein shall be construed to impose any liability on the United States or to allow for payment of claims that are paid or payable from any other source, public or -' private: Provided further. That of funds available to the Bureau of Reclamation pursuant to Public Law 94-180 under this appropriation 89 Stat. 1039. title, not to exceed $300,000, to remain available until expended, may be transferred without reimbursement, with the approval of the Secretary of the Interior, to "Salaries and Expenses", Office of the Secretary, to provide for expenses related to investigations of the structure failure, the expenditure of which funds shall not be subject to the limitation on services as authorized by title 5, United States Code, section 3109, as contained in section 104 of Public Law 94-165. 89 Stat. 990.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/944

 90 STAT. 894

PUBLIC LAW 94-355—JULY 12, 1976 UPPER COLORADO RIVER STORAGE PROJECT

, 43 USC 620d. 43 USC 620g.

For the Upper Colorado River Storage Project, as authorized by the Act of April 11, 1956, as amended (43 U.S.C. 620d), to remain available until expended, $59,331,000, of which $55,200,000 shall be available for the "Upper Colorado River Basin Fund" authorized by section 5 of said Act of April 11, 1956, and $4,131,000 shall be available for construction of recreational and fish and wildlife facilities authorized by section 8 thereof, and may be expended by bureaus of the Department through or in cooperation with State or other Federal agencies, and advances to such Federal agencies are hereby authorized: Provided, That no part of the funds herein approved shall be available for construction or operation of facilities to prevent waters of Lake Powell from entering any national monument. COLORADO RIVER BASIN PROJECT

43 USC 1543. 43 USC 1521. 43 USC 1523.

For advances to the Lower Colorado River Basin Development Fund, as authorized by section 403 of the Act of September 30, 1968 (82 Stat. 894), for the construction, operation, and maintenance of projects authorized by title III of said Act, to remain available until expended, $94,020,000, of which $20,600,000 is for liquidation of contract authority provided by section 303(b) of said Act. COLORADO RIVER BASIN SALINITY CONTROL PROJECTS

43 USC 1571 note.

For construction, operation and maintenance of projects authorized by the Act of June 24, 1974, Public Law 93-320, to remain available until expended, $44,680,000. OPERATION AND MAINTENANCE

For operation and maintenance of reclamation projects or parts thereof and other facilities, as authorized by law; and for a soil and moisture conservation program on lands under Xho, jurisdiction of the Bureau of Reclamation, pursuant to law, $143,000,000, of which $116,000,000 shall be derived from the reclamation fund and $5,172,000 shall be derived from the Colorado River Dam fund: Provided., That funds advanced by water users for operation and maintenance o.f reclamation projects or parts thereof shall be deposited to the credit of this appropriation and may be expended for the same objects and in the same manner as sums appropriated herein may be expended, and such advances shall remain available until expended. LOAN PROGRAM

43 USC 388.

For loans to irrigation districts and other public agencies for construction of distribution systems on authorized Federal reclamation projects, and for loans and grants to non-Federal agencies for construction of projects, as authorized by the Act of July 4, 1955, as amended (43 U.S.C. 421a-421d), and August 6, 1956, as amended (43 U.S.C. 422a-422k), including expenses necessary for carrying out the program, $27,495,000, to remain available until expended: Provided, That any contract under the Act of July 4, 1955 (69 Stat. 244), as amended, not yet executed by the Secretary, which calls for the making of loans beyond the fiscal year in which the contract is entered into shall be made only on the same conditions as those prescribed in section 12 of the Act of August 4, 1939 (53 Stat. 1187, 1197).

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Page:United States Statutes at Large Volume 90 Part 1.djvu/945

 PUBLIC LAW 94-355—JULY 12, 1976

90 STAT. 895

EMERGENCY FUND

For an additional amount for the "Emergency.fund", as authorized by the Act of June 26, 1948 (42 U.S.C. 502), to remain available until expended for the purposes specified in said Act, $1,000,000 to be derived from the reclamation fund, GENERAL ADMINISTRATIVE EXPENSES

For necessary expenses of general administration and related functions in the offices of the Commissioner of Reclamation and in the regional offices of the Bureau of Reclamation, $22,600,000, to be derived from the reclauiation fund and to be nonreimbursable pursuant to the Act of April 19, 1945 (43 U.S.C. 377): Provided, That no part of any other appropriation in this Act shall be available for activities or functions budgeted for the current fiscal year as general administrative expenses. SPECIAL FUNDS

Sums herein referred to as being derived from the Reclamation fund, the Colorado River Dam fund, or the Colorado River development fund, are appropriated from the special funds in the Treasury created by the Act of June 17, 1902 (43 U.S.C. 391), the Act of December 21, 1928 (43 U.S.C. 6l7a), and the Act of July 19, 1940 (43 U.S.C. 618a) respectively. Such sums shall be transferred, upon request of the Secretary, to be merged with and expended under the heads herein specified; and the unexpended balances of sums transferred for expenditure under the heads "Operation and Maintenance" and "General Administrative Expenses" shall revert and be credited to the special fund from which derived. AD3IINISTRATIVE PROVISIONS

Appropriations for the Bureau of Reclamation shall be available for purchase of not to exceed forty-four passenger motor vehicles of which twenty-one shall be for replacement only; purchase of one aircraft for replacement only; payment of claims for damages to or ^ loss of property, personal injury, or death arising out of activities of the Bureau of Reclamation; payment, except as otherwise provided for, of compensation and expenses of persons on the rolls of the Bureau of Reclamation appointed as authorized by law to represent the United States in the negotiations and administration of interstate compacts without reimbursement or return under the reclamation laws; rewards for information or evidence concerning violations of law involving property under the jurisdiction of the Bureau of Reclamation; performance of the functions specified under the head "Operation and Maintenance Administration", Bureau of Reclamation, in the Interior Department Appropriation Act, 1945; preparation and 58 Stat. 487. dissemination of useful information including recordings, photographs, and photographic prints; and studies of recreational uses of reservoir areas, and investigation and recovery of archeological and paleontological remains in such areas in the same manner as provided for in the Act of August 21, 1935 (16 U.S.C. 461-467): Provided, That no part of any appropriation made herein shall be available pursuant to the Act of April 19, 1945 (43 U.S.C. 377), for expenses other than those incurred on behalf of specific reclamation projects / except "General Administrative Expenses" and amounts provided for reconnaissance, basin surveys, and general engineering and research under the head "General Investigations".

89-194 0—78—Dt. 1

60

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Page:United States Statutes at Large Volume 90 Part 1.djvu/946

 90 STAT. 896

PUBLIC LAW 94-355—JULY 12, 1976

Sums appropriated herein which are expended in the performance of reimbursable functions of the Bureau of Reclamation shall be leturnable to the extent and in the manner provided by law. No part of any appropriation for the Bureau of Reclamation, contained in this Act or in any prior Act, which represents amounts earned under the terms of a contract but remaining unpaid, shall be obligated for any other purpose, regardless of when such amounts are to be paid: Provided, That the incurring of any obligation prohibited by this paragraph shall be deemed a violation of section 3679 of the Revised Statutes, as amended (81 TT.S.C. 665). 43 USC 377a. Xo funds appropriated to the Bureau of Reclamation for operation and maintenance, except those derived from adA^ances by water users, shall be used for the particular benefits of lands (a) within the boundaries of an irrigation district, (b) of any member of a water ,, users' organization, or (c) of any individual when such district, organization, or individual is in arrears for more than twelve months in the payment of charges due under a contract entered into with the United States pursuant to laws administered by the Bureau of Reclamation. Not to exceed $225,000 may be expended from the appropriation "Construction and Rehabilitation" for work by force account on any one project or Pick-Sloan Missouri Basin Program unit and then only when such work is unsuitable for contract or no acceptable bid has been received and, other than otherwise provided in this paragraph or as may be necessary to meet local emergencies, not to exceed 12 per centum of the construction allotment for any project from the appropriation "Construction and Rehabilitation" contained in this Act, shall be available for construction work by force account: Provided, That this paragraph shall not apply to work performed 43 USC 504 and under the Rehabilitation and Betterment Act of 1949 (63 Stat. 724). note. ALASKA POWER ADMINISTRATION GENERAL INVESTIGATIONS

For engineering and economic investigations to promote the development and utilization of the water, power, and related resources of Alaska, $749,000, to remain available until expended: Provided, That $20,000 of this appropriation shall be transferred to the United States Fish and Wildlife Service for studies, investigations, and reports thereon, as required by the Fish and Wildlife Coordination Act of 16 USC 661 note. 1958 (72 Stat. 563-565). OPERATION AND M A I N T E N A N C E

For necessary expenses of operation and maintenance of projects in Alaska and of marketing electric power and energy, $1,141,000. BONNEVILLE POWER ADMINISTRATION FUND

16 USC 838i.

Expenditures from the Bonneville Power Administration Fund, established pursuant to Public Law 93^54, are hereby specifically approved for purchase of one aircraft for replacement only and construction of the following major transmission facilities: facilities to provide system support to the Lost River-Salmon River area in southeast Idaho.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/947

 PUBLIC LAW 94-355—JULY 12, 1976

90 STAT. 897

SOUTHEASTERN PO^VER ADMINISTRATION OPERATION AND MAINTENANCE

For necessary expenses of operation and maintenance of power transmission facilities and of marketing electric power and energy pursuant to the provisions of section 5 of the Flood Control Act of 1944 (16 U.S.C. 825s), as applied to the southeastern power area, $1,076,000. SOUTHWESTERN POWER ADMINISTRATION CONSTRUCTION

For construction and acquisition of transmission lines, substations, and appurtenant facilities, and for administrative expenses connected therewith, in carrying out the provisions of section 5 of the Flood Control Act of 1944 (16 U.S.C. 825s), as applied to the southwestern power area, $896,000, to remain available until expended. OPERATION A N D

MAINTENANCE

For necessary expenses of operation and maintenance of power transmission facilities and of marketing electric power and energy pursuant to the provisions of section 5 of the Flood Control Act of 1944 (16 U.S.C. 825s), as applied to the southwestern power area, including purchase of not to exceed three passenger motor vehicles for replacement only, $7,707,000. GENERAT. PROVISIONS, DEPARTMENT OF THE INTERIOR

S E C 301. Appropriations in this title shall be available for expendi- Emergency ture or transfer (within each bureau or office), with the approval of reconstruction. the Secretary, for the emergency reconstruction, replacement, or repair of aircraft, buildings, utilities, or other facilities or equipment damaged or destroyed by fire, flood, storm, or other unavoidable causes: Provided, That no funds shall be made available under this authority until funds specifically made available to the Department of the Interior for emergencies shall have been exhausted. SEC 302. The Secretary may authorize the expenditure or transfer Fire prevention (within each bureau or office) of any appropriation in this title, in addition to the amounts included in the budget programs of the several agencies, for the suppression or emergency prevention of forest or range fires on or threatening lands under jurisdiction of the Department of the Interior. S E C 303. Appropriations in this title shall be available for opera- Warehouses, tion of warehouses, garages, shops, and similar facilities, wherever garages. consolidation of activities will contribute to efficiency, or economy, and said appropriations shall be reimbursed for services rendered to any other activity in the same manner as authorized by the Act of June 30, 1932 (31 U.S.C. 686): Provided, That reimbursements for costs of supplies, materials, and equipment, and for services rendered may be credited to the appropriation current at the time such reimbursements are received. S E C 304. No part of any funds made available by this Act to the Southwestern Southwestern Power Administration may be made available to any Power other agency, bureau, or office for any purposes other than for services Administration. rendered pursuant to law to the Southwestern Power Administration.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/948

 90 STAT. 898

PUBLIC LAW 94-355—JULY 12, 1976 TITLE IV—INDEPENDENT OFFICE S APPALACHIAN REGIONAL COMMISSION SALARIES AND EXPENSES

For necessary expenses of the Federal Cochairman and his alternate on the Appalachian Regional Commission and for payment of the Federal share of the administrative expenses of the Commission, including services as authorized by 5 U.S.C. 3109, and hire of passenger motor vehicles, $1,897,000. FUNDS APPROPRIATED TO THE PRESIDENT APPALACHIAN REGIONAL DEVELOPMENT PROGRAMS

For expenses necessary to carry out the programs authorized by the 40 USC app. 1. Appalachian Regional Development Act of 1965, as amended, except 40 USC app. 109. expenses authorized by section 105 of said Act, including services as authorized by 5 U.S.C. 3109, and hire of passenger motor vehicles, to remain available until expended, $303,000,000, of which $185,000,000 shall be available for the Appalachian Development Highway System, but no part of any appropriation in this Act shall be available for expenses in connection with commitments for contracts or grants for the Appalachian Development Highway System in excess of the total amount herein and heretofore appropriated. DELAWARE RIVER BASIN COMMISSION SALARIES AND EXPENSES

For expenses necessary to carry out the functions of the United States member of the Delaware River Basin Commission, as authorized by law (75 Stat. 716), $83,000. CONTRIBUTION TO DELAWARE RIVER BASIN

COMMISSION

For payment of the United States share of the current expenses of the Delaware River Basin Commission, as authorized by law (75 Stat. 706,707), $198,000.

,'! ,

FEDERAL POWER COMMISSION SALARIES A N D

EXPENSES

For expenses necessary for the work of the Commission, as authorized by law, including hire of passenger motor vehicles, hire of aircraft, services as authorized by 5 U.S.C. 3109, and not to exceed $1,000 for official reception and representation expenses, $41,582,000. INTERSTATE COMMISSION ON THE POTOMAC RIVER BASIN CONTRIBUTION TO INTERSTATE COMMISSION ON THE POTOMAC RIVER BASIN

To er.nble the Secretary of the Treasury to pay in advance to the Interstate Commission on the Potomac River Basin the Federal contiibution toward the expenses of the Commission during the current fiscal year in the administration of its business in the conservancy district established pursuant to the Act of July 11, 1940 (54 Stat. 748),

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Page:United States Statutes at Large Volume 90 Part 1.djvu/949

 PUBLIC LAW 94-355—JULY 12, 1976

90 STAT. 899

as amended by the Act of September 25, 1970 (Public Law 91-407), 33 USC 567b-l. $52,000. NUCLEAR EEGULATORT COMMISSION SALARIES AND EXPENSES

For necessary expenses of the Commission in carrying out the purposes of the Energy Reorganization Act of 1974, including the 42 USC 5801 employment of aliens; services authorized by 5 U.S.C. 3109; publica- notation and dissemination of atomic information; purchase, repair, and cleaning of uniforms; official entertainment expenses (not to exceed $10,000); reimbursement of the General Services Administration for •, security guard services; hire of passenger motor vehicles and aircraft; $244,430,000, to remain available until expended: Pww'c^ec?, That from -.. „; this appropriation, transfer of sums may be made to other agencies of the Government for the performance of the work for which this appropriation is made, and in such cases the sums so transferred may be merged with the appropriation to which transferred: Provided furtliei\ Moneys received by the Commission for the cooperative nuclear safety research programs may be retained and used for salaries and expenses associated with those programs, notwithstanding the provisions of section 3617 of the Revised Statutes (31 U.S.C. 484), and shall remain available until expended. SUSQUEHANNA RIVER B A S I N

COMMISSION

SALARIES AND EXPENSES

For expenses necessary to carry out the functions of the United States member of the Susquehanna River Basin Commission, as authorized by law (84 Stat. 1541), $83,000. CONTRIBUTION TO SUSQUEHANNA RIVER BASIN COMMISSION

For payment of the United States share of the current expenses of the Susquehanna River Basin Commission, as authorized by law (84 Stat. 1530, 1531), $150,000. TENNESSEE VALLEY

AUTHORITY

PAYMENT TO TENNESSEE VALLEY AUTHORITY FUND

For the purpose of carrying out the provisions of the Tennessee Valley Authority Act of 1933, as amended (16 U.S.C. ch. 12A), 16 USC 831. including hire, maintenance, and operation of aircraft, and hire of passenger motor vehicles, $125,930,000, to remain available until expended: Provided, That this appropriation and other funds available to the Tennessee Valley Authority shall be available for the purchase of not to exceed three aircraft of which one is for replacement only, and the purchase of not to exceed two hundred passenger motor vehicles for replacement only. W A T E R RESOURCES

COUNCIL

WATER R E S O U R C E S P L A N N I N G

For expenses necessary in carrying out the provisions of the W a t e r Resources P l a n n i n g Act of 1965 (42 U.S.C. 1962—1962d-3), as amended, including services as authorized by 5 U.S.C. 3109 and 42 U.S.C. 1962a-4(5), and hire of passenger motor vehicles (42 U.S.C.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/950

 90 STAT. 900 _ ^.

PUBLIC LAW 94-355—JULY 12, 1976 1962a-4(6)), $12,665,000, to remain available until expended, including $1,648,000 for expenses in administering the Act (42 U.S.C. 1962d (b)), $3,248,000 for preparation of assessments and plans (42 U.S.C. 1962d(c)), $2,269,000 for preparation of plans (33 U.S.C. 1289), $2,500,000 for expenses of river basin commissions under title II of the Act (42 U.S.C. 1962d(a)), and $3,000,000 for grants to States under title III of the Act (42 U.S.C. 1962c (a)). TITLE V—GENERAL PROVISION

Fiscal year limitation. Short title.

SEC. 501. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein. This Act may be cited as the "Public Works for "Water and Power Development and Energy Research Appropriation Act, 1977". Approved July 12, 1976.

LEGISLATIVE HISTORY: HOUSE REPORTS: No. 94-1223 (Comm. on Appropriations) and No. 94-1297 (Coram. of Conference). SENATE REPORT No. 94-960 (Comm. on Appropriations). CONGRESSIONAL RECORD, Vol. 122 (1976): June 15, considered and passed House. June 23, considered and passed Senate, amended. June 29, House agreed to conference report; receded and concurred in Senate amendments; Senate agreed to conference report.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/951

 PUBLIC LAW 94-356—JULY 12, 1976

90 STAT. 901

Public Law 94-356 94th Congress An Act To amend title 37, United States Code, relating to special pay for nuclear qualified officers, and for other purposes.

July 12. 1976 [H.R. 10451]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may Nuclear Career Incentive Act of be cited as the "Nuclear Career Incentive Act of 1975". SEC. 2. Section 312 of title 37, United States Code, is amended— 1975. (1) by striking out "$3,750" and "$3,000" in subsection (a) and 37 USC 301 note. Nuclear-qualified by inserting "$5,000" and "$4,000", respectively, in lieu thereof; submarine and officers, special (2) by striking out the date that appears in subsection (e) and pay. by inserting "September 30, 1981" in lieu thereof. SEC. 3. Chapter 5 of title 37, United States Code, is amended by 37 USC 301 insert'ng the following new sections after section 312a and by insert- et seq. ing corresponding items for those new sections in the chapter analysis: 37 USC 312a. 37 USC 312b. "§312b. Special pay: nuclear career accession bonus "(a) Under regulations prescribed by the Secretary of the Navy, an officer of the naval service who— '1) is entitled to basic pay; ,2) has not completed five years of commissioned service; and "(3) has, as a commissioned officer, received training for duty in connection with the supervision, operation, and maintenance of naval nuclear propulsion plants; may, upon successful completion of that training, in addition to all other compensation to which he is entitled, be paid a bonus in an amount not to exceed $3,000. "(b) The Secretary of the Navy shall make an annual report to the Report to House and Senate Armed Services Committees containing data to congressional monitor the effectiveness of the bonus authorized by subsection (a) committees. of this section. "(c) The provisions of this section shall be effective only in the case of officers who, on or before September 30, 1981, have been accepted for training for duty in connection with the supervision, operation, and maintenance of naval nuclear propulsion plants. 37 USC 312c. "§ 312c. Special pay: nuclear career annual incentive bonus "(a) Under regulations prescribed by the Secretary of the Navy, an officer of the naval service who— "(1) is entitled to basic pay; "(2) is not above the pay grade 0 - 6; "(3) has completed his initial obligated active service as an officer, but has completed less than twenty-six years of commissioned service; " (4) has, as a commissioned officer, successfully completed training for duty in connection with the supervision, operation, and maintenance of naval nuclear propulsion plants; and " (5) has the current technical qualifications for duty in connection with the supervision, operation, and maintenance of naval nuclear propulsion plants;

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Page:United States Statutes at Large Volume 90 Part 1.djvu/952

 90 STAT. 902

Eligibility.

37 USC 312. 37 USC 301a.

•;

' ,:J >

PUBLIC LAW 94-356—JULY 12, 1976 may, in addition to all other compensation to which he is entitled, be paid an annual bonus in an amount not to exceed $4,000 for each nuclear service year beginning after September 30, 1975, and ending before October 1, 1981. In order to be eligible for an annual bonus for any nuclear service year in accordance with this subsection, an otherwise qualified officer must have been on active duty on the last day of that nuclear service year. The amount of the annual bonus to which an officer would otherwise be entitled for a nuclear service year in accordance with this subsection shall be reduced on a pro rata basis for each day of that nuclear service year on which he was not on active duty; was not qualified for duty in connection with the supervision, operation, and maintenance of naval nuclear propulsion plants; was performing obligated service as the result of an activeservice agreement executed under section 312 of this title; or was entitled to receive aviation career incentive pay in accordance with section 301a of this title: Provided, That— "(1) in the case of an officer with more than ten, but not more than eighteen, years of commissioned service, the amount of that annual bonus shall be further reduced on a pro rata basis for any other day or days in that nuclear service year which, when added to the immediately preceding days in and before that nuclear service year, total more than three consecutive years in an assignment other than an assignment to duty on a naval vessel; duty with a nuclear ship operational command staff; duty directly involving the training of others leading to their qualification for duty in connection with the supervision, operation, and maintenance of naval nuclear propulsion plants; or duty in connection with a nuclear propulsion examining board; "(2) in the case of an officer with more than eighteen, but not more than twenty-five, years of commissioned service, the amount of that annual bonus shall be further reduced on a pro rata basis for any other day or days in that nuclear service year on which he was not in an assignment involving the direct supervision, operation, or maintenance of naval nuclear propulsion plants, except that in the case of an officer who, during that nuclear service year, completed his eighteenth year of commissioned service, the amount of that annual bonus shall not be reduced for any day before the end of that eighteenth year which would have been creditable for determining the amount of the annual bonus at the end of that nuclear service year for an officer with more than ten, but not more than eighteen, years of commissioned service; and "(3) in the case of an officer with more than twenty-five, but not more than twenty-six, years of commissioned service, the amount of that annual bonus shall be further reduced on a pro rata basis for any other day or days in that nuclear service year on which he was not in an assignment with duties involving the direct supervision, operation, or maintenance of naval nuclear propulsion plants, and for every day in that nuclear service year after the end of his twenty-fifth year of commissioned service.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/953

 PUBLIC LAW 9 4 - 3 5 6 — J U L Y 12, 1976 " (b) Under regulations prescribed by the Secretary of the Navy, an officer of the naval service who— " (1) is entitled to basic p a y; " (2) is not above the pay grade 0 - 6; " (3) has, as an enlisted member, received t r a i n i n g for duty in connection with the supervision, operation, and maintenance of naval nuclear propulsion p l a n t s; and " (4) has the current technical qualifications for duty in connection with the supervision, operation, and maintenance of naval nuclear propulsion p l a n t s; may, in addition to all other compensation to which he is entitled, be paid an annual bonus in an amount not to exceed $2,400 for each nuclear service year beginning after September 30, 1975, and ending before October 1, 1981. I n order to be eligible for an annual bonus for any nuclear service year in accordance with this subsection, an otherwise qualified officer must have been on active duty on the last day of that nuclear service year. The amount of the annual bonus to which an officer would otherwise be entitled in accordance with this subsection shall be reduced on a pro rata basis for each day of that nuclear service year on which he was not in an assignment involving the direct supervision, operation, or maintenance of naval nuclear propulsion p l a n t s; was performing obligated service as the result of an active service agreement executed under section 312 of this title; or was entitled to receive aviation career incentive pay in accordance with section 301a of this title. " (c) Under regulations prescribed by the Secretary of the Navy, an officer of the naval service who is not on active duty on the last day of a nuclear service year or who, on or before the last day of a nuclear service year, loses his technical qualifications or advances from the pay grade of 0 - 6 to a higher pay grade may be paid a bonus in accordance with subsection (a) or (b) of this section on a pro r a t a basis, if otherwise qualified, unless termination of active duty or loss of technical qualifications was voluntary or was the result of his own misconduct. " (d) The Secretary of the Navy shall make an annual report to the House and Senate A r m e d Services Committees containing data to monitor the effectiveness of the bonuses authorized by subsections (a) and (b) of this section. " (e) For the purposes of this section, a 'nuclear service year' is the one-year period from October 1, 1975, through September 30, 1976, or any fiscal year beginning after September 30, 1976, and before October 1, 1981.". SEC, 4. Notwithstanding any other provision of this Act or any other provision of law, and under regulations prescribed by the Secretary of the Navy, an officer of the naval service who, on or after the effective date of this Act, is, or will be, performing obligated service as the result of an active service agreement executed in accordance with section 312 of title 37, United States Code, as it existed at any time before the effective date of this Act, may be permitted— (1) as of the last day of the first year of that obligated service, to cancel that active service agreement in exchange for a new active service agreement in accordance with section 312 of title 37, as amended by this Act; or

r'P i

90 STAT. 9 0 3

37 USC 312. 37 USC 301a.

Report to congressional committees. "Nuclear service year." 37 USC 312 note

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Page:United States Statutes at Large Volume 90 Part 1.djvu/954

 90 STAT. 904

PUBLIC LAW 94-356—JULY 12, 1976

(2) as of the last day of any year, other than the last year, of that obligated service, to cancel that active service agreement in exchange for eligibility for the annual bonus authorized by section Ante, p. 901. 312c of title 37, as added by this Act, and an agreement to remain on active duty for a period of time equal to the period of obligated service remaining under that active service agreement. Effective date. SEC. 5. This Act becomes effective on the first day of the first month 37 USC 312 note, after enactment, except that section 312c of title 37, United States Code, as added by this Act, is effective as of October 1, 1975. Approved July 12, 1976.

LEGISLATIVE HISTORY: HOUSE REPORTS: No. 94-644 accompanying S. 2114 and No. 94-1039 (Coram, on Armed Services). SENATE REPORTS: No. 94-329 accompanying S. 2114 and No. 94-1008 (Coram, on Arraed Services). CONGRESSIONAL RECORD: Vol. 121 (1975): July 26, S. 2114, considered and passed Senate. Nov. 17, S. 2114 considered and passed House, amended. Vol. 122 (1976): May 10, considered and passed House. June 30, considered and passed Senate, in lieu of S. 2114.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/955

 PUBLIC LAW 94-357—JULY 12, 1976

90 STAT. 905

Public Law 94-357 94th Congress An Act To designate the Alpine Lakes Wilderness, Mount Baker-Snoqualmie and Wenatchee National Forests, in the State of Washington.

July 12, 1976 [H.R. 7792]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled.^ That this Act may Alpine Area be cited as the "Alpine Lakes Area Management Act of 1976". FINDINGS AND PURPOSES

SEC. 2. (a) The Congress finds that: (1) The Cascade Mountains of the State of Washington between Stevens Pass and Snoqualmie Pass, commonly known as the Alpine Lakes region, comprise an environment of timbered valleys rising to rugged, snowcovered mountains, dotted with over seven hundred lakes, displaying unusual diversity of natural vegetation, and providing habitat for a variety of wildlife. (2) This region is abundant in its multiple resources, including an abundant source of pure water, commercial forests, an outdoor laboratory for scientific research and educational activities, and opportunities for great diversity of recreational use and enjoyment during all seasons of the year, in particular for quality hunting, fishing, motorized recreation, skiing, picnicking, camping, rock collecting, nature study, backpacking, horseback riding, swimming, boating, mountain climbing, and many others, together with the opportunity for millions of persons traveling through the periphery of the area to enjoy its unique values. (b) Purposes of this Act: In order to provide for public outdoor recreation and use and for economic utilization of commercial forest lands, geological features, lakes, streams and other resources in the Central Cascade Mountains of Washington State by present and future generations, there is hereby established, subject to valid existing rights an Alpine Lakes Area, including an Alpine Lakes Wilderness, an "Intended Wilderness" and a management unit, comprising approximately nine hundred and twenty thousand acres. SEC. 3. (a) The Alpine Lakes Wilderness (hereinafter referred to as "the wilderness"), the "Intended Wilderness", and the peripheral area (hereinafter referred to as the "management unit"), shall comprise the areas so depicted on the map entitled "Alpine Lakes Area" and dated June 1976, which shall be on file and available for public inspection in the Office of the Chief, Forest Service, Department of Agriculture, The Secretary of Agriculture (hereinafter referred to as the "Secretary") shall, as soon as practicable after the enactment of this Act, publish in the Federal Register a detailed description and map showing the boundaries of the wilderness, "Intended Wilderness", and the management unit. (b) The Secretary shall administer the Federal lands in the management unit in accordance with the laws, rules, and regulations applicable to the national forests in such a manner as to provide for the management of all of the resources of the management unit.

Lakes

Management Act of 1976. 16 USC 1132 note. 16 USC 1132 note.

16 USC 1132 note.

Description and: map; publication in Federal Register. Administration.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/956

 90 STAT. 906

PUBLIC LAW 94-357—JULY 12, 1976

(c) The Federal lands designated as the Alpine Lakes Wilderness shall be administered in accordance with the provisions of this Act 16 USC 1131 and with the provisions of the Wilderness Act (78 Stat. 890), whiohnote. ever is the more restrictive. Publication in (d) Federal lands depicted on the map and legal description as Federal Register. "Intended Wilderness" shall become part of the Alpine Lakes Wilderness at such time as the adjacent non-Federal lands, interests or other property become wilderness according to the provisions of section 3(e) of this Act, at which times the Secretary shall file a map and legal description of such additions in the Federal Register. (e) Non-Federal lands depicted on the map and legal description as "Wilderness" and "Intended Wilderness" shall become part of the Alpine Lakes Wilderness when acquired by the Federal Government in conformance with the acquisition program required by section 4 of this Act. LAND ACQUISITION AND EXCHANGE

16 USC 1132 note.

SEC. 4. (a) Within the boundaries of the wilderness and "Intended Wilderness", the Secretary is authorized and directed to acquire with donated or appropriated funds, by gift, exchange, or otherwise, such non-Federal lands, interests, or any other property, in conformance with the provisions of section 4 of this Act: Provided, That any such lands, interests, or other property owned by or under the control of the State of Washington or any political subdivision thereof may be acquired only by donation or exchange. Nothing in this Act shall be construed to limit or diminish the existing authority of the Secretary to acquire lands and interests therein within the Alpine Lakes Area in accordance with established law. Notwithstanding any other provision of law, any Federal property located within the management unit may, with the concurrence of the agency having custody thereof, be transferred without consideration to the administrative jurisdiction of the Secretary for use by him in carrying out the purposes of this Act. The Secretary shall exercise caution in exchanging land so as not to impair substantially the programmed allowable timber harvest of the Mount Baker-Snoqualmie and Wenatchee National Forest. Amounts appropriated from the Land and Water Conservation Fund shall be available for the acquisition of lands and interest for the purposes of this Act. (b) In exercising his authority to acquire property by exchange, c; the Secretary may accept title to any non-Federal property located within the wilderness and "Intended Wilderness", and convey to the owner of such property any national forest land within the State of Washington under the jurisdiction of the Secretary: Provided, That the Secretary may accept cash for or pay cash to the grantor in such an exchange in order to equalize minor differences in the values of the properties exchanged. Publication in (c)(1) As non-Federal lands and interests in the wilderness and Federal Register. "Intended Wilderness" are acquired, and as they become protectable and administerable as wilderness, the lands shalL become part of the Alpine Lakes Wilderness, and the Secretary shall publish from time
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to time a notice of such classification in the Federal Register. It is the intention of Congress that acquisition of the "Intended Wilderness" shall be completed no later than three years after the date of enactment of this Act. At any time after three years from the date of enactment

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Page:United States Statutes at Large Volume 90 Part 1.djvu/957

 PUBLIC LAW 94-357—JULY 12, 1976

90 STAT. 907

of this Act, an action may be instituted by an owner, all of whose lands within the boundaries of the "Intended Wilderness" have been managed in such a way so as not to become unsuitable or unmanageable as wilderness (except for disturbance affecting a minor land area and found by the Secretary to have resulted from strictly accidental and unintentional circumstances), against the United States in the district court for the district in which such lands are located, to require the Secretary to acquire immediately all of said owner's interest in such lands, interests and property and to pay in accordance with this section 4 just compensation for such lands, interest, and property the plaintiff may have which are not yet acquired pursuant to this section 4. By February 1 of each year, the Secretary shall report in writing Report to to the Committees on Interior and Insular Affairs of the United States congressional House of Representatives and the Senate, on the status of negotiations committees. with private owners to effect exchanges and acquisition of non-Federal property. (2) The United States will pay just compensation to the owner of Payments any lands and interests acquired by and pursuant to this Act. Such compensation shall be paid either: (A) by the Secretary of the Treasury from money appropriated pursuant to this Act from the Land and Water Conservation Fund, or from any other funds available for such use, upon certification to him by the Secretary, of the agreed negotiated value of such property, or the valuation of the property awarded by judgment, including interest at the rate of 8 per centum per annum from the date of the acquisition of the property or the date of filing an action according to the provisions of section 4(c)(1) of this Act, whichever is earlier, to the date of payment therefor; or (B) by the Secretary, if the owner of the land concurs, with any federally owned property available to him for purposes of exchange pursuant to subsection 4(b); or (C) by the Secretary using any combination of such money or federally owned property. (3) Just compensation shall be the fair market value of the lands and interests acquired by and pursuant to this Act, and shall be determined as of the date of acquisition: Provided, however, That the fair market value of those lands acquired from owners who, from the time of enactment of this Act to the time of acquisition of any such lands, have managed all lands within the "Intended Wilderness" under their ownership so as not to make such lands unsuitable or unmanageable as wilderness (except for disturbance affecting a minor land area and found by the Secretary to have resulted from strictly accidental and unintentional circumstances), shall be the sum of (A) the value of such lands and interests at the date of acquisition, plus (B) any loss of value of timber from casualty, deterioration, disease, or other natural causes from January 1, 1976, to the date of acquisition, with all existing and lost or damaged timber valued at the highest of (i) its market value on the date of acquisition, (ii) its market value on January 1, 1976, or (iii) the mean average market value between those dates: And provided further, That nothing in this Act shall be deemed or construed to deny to owners of non-Federal lands, or to change their rights to access to such lands or to manage the same for any otherwise lawful purpose prior to acquisition thereof by the Secretary. For the purposes of this section, the owner of property is defined as the holder of fee title unless said property is subject to an agreement of sale entered into prior to April 1, 1976.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/958

 90 STAT. 908

PUBLIC LAW 94-357—JULY 12, 1976 WILDERNESS MANAGEMENT PLAN

Enchantment Area, study. 16 USC 1132 note.

SEC, 5. In conjunction with the preparation of a wilderness management plan for the wilderness designated by this Act, the Secretary shall prepare a special study of the Enchantment Area of the Alpine Lakes Wilderness, taking into consideration its especially fragile nature, its ease of accessibility, its unusual attractiveness, and its resultant heavy recreational usage. The study shall explore the feasibility and benefits of establishing special provisions for managing the Enchantment Area to protect its fragile beauty, while still maintaining the availability of the entire area for projected recreational demand. M U L T I P L E U S E PLAN

16 USC 1132 note.

16 USC 528 note.

Publication in Federal Register. Transmittal to President and Congress.

SEC. 6. (a) Within two years of the enactment of this Act, the Secretary shall, in accordance with the provisions of this Act and other applicable acts governing the administration of the National Forest system and with full public involvement required by this and other pertinent law, prepare, complete and begin to implement in accordance with the provision of subsection (b) a single multiple-use plan for the Federal lands in the management unit. (b) The management of the renewable resources will be in accordance with the Multiple-Use Sustained-Yield Act of 1960 (74 Stat. 215; 16 U.S.C. 528-531), with other applicable laws and regulations of the United States, and will be such to obtain multiple use and sustained yield of the several products and services obtained therefrom. (c) The Secretary shall publish a notice of such plan in the Federal Register and shall transmit it to the President and to the United States House of Representatives and to the Senate. The completed plan will take effect and will be implemented no earlier than ninety calendar days and no later than one hundred and fifty calendar days from the date of such transmittal. (d) The resources of the management unit shall be managed in accordance with the provisions of the multiple-use plan until such time as the plan may be revised according to the provisions of this section. (e) The Secretary shall review the multiple-use plan from time to time and, with full public involvement, shall make any changes he deems necessary to carry out the purposes of this Act. (f) The Secretary shall permit and encourage the use of renewable resources within the management unit, and nothing in this Act shall be construed to prohibit the conduct of normal national forest programs during the formulation of, nor to prohibit inclusion of such programs in the multiple-use plan required by this section. AUTHORITIES OF THE STATE OF WASHINGTON

Hunting and fishing.

16 USC 1132 note.

SEC. 7. (a) The Secretary shall permit hunting and fishing on lands and waters under his jurisdiction in accordance with applicable Federal and State laws. Except in emergencies, any regulations pursuant to this subsection shall be issued only after consultation with the fish and game departments of the State of Washington. Nothing in this Act shall be construed as affecting the jurisdiction or responsibilities of these agencies.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/959

 PUBLIC LAW 94^357—JULY 12, 1976

90 STAT. 909

(b) Nothing in this Act shall deprive the State of Washington or any political subdivisions thereof of its right to exercise civil and criminal jurisdiction within the area or of its right to tax persons, corporations, franchises, or other non-Federal property, in or on lands and waters within the area. AirrHORIZATION- OF APPROPRIATIONS

SEC. 8. There is hereby authorized to be appropriated for the acquisi- 16 USC 1132 tion of lands and interests to carry out the purposes of this Act, not note, more than $20,000,000 in fiscal year 1977, $17,000,000 in fiscal year 1978, and $20,000,000 in fiscal year 1979, such sums to remain available until appropriated without fiscal year limitation. To prepare the multiple-use plan required by section 6 of this Act, there is authorized to be appropriated not more than $500,000. Appropriation requests by the President to implement the multiple-use plan shall express in qualitative and quantitative terms the most rapid and judicious manner and methods to achieve the purposes of this Act. Amounts appropriated to carry out this Act shall be expended in accordance with the Budget Eeform and Impoundment Control Act of 1974 (88 Stat. 297). 31 USC 1301 note.

Approved July 12, 1976.

LEGISLATIVE HISTORY: HOUSE REPORT No. 94-1154 (Comm. on Interior and Insular Affairs). SENATE REPORT No. 94-1002 (Comm. on Interior and Insular Affairs). CONGRESSIONAL RECORD, Vol. 122 (1976): June 8, considered and passed House. June 29, considered and passed Senate.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/960

 90 STAT. 910

PUBLIC LAW 94-358—JULY 12, 1976

Public Law 94-358 94th Congress An Act July 12. 1976 [H.R. 10572]

Taxes. Federal employees, city income or employment taxes. "City."

Effective date. 5 USC 5520 note.

To amend title 5 of the United States Code to provide that the provisions relating to the withholding of city income or employment taxes from Federal employees shall apply to taxes imposed by certain nonincorporated local governments.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assemMed^ That paragraph (1) of section 5520(c) of title 5, United States Code, is amended to read as follows: " (1) 'city' means any unit of general local government which— "(A) is classified as a municipality by the Bureau of the Census, or "(B) is a town or township which, in the determination of the Secretary of the Treasury— "(i) possesses powers and performs functions comparable to those associated with municipalities, " (ii) is closely settled, and "(iii) contains within its boundaries no incorporated places, as defined by the Bureau of the Census, within the political boundaries of which 500 or more persons are regularly employed by all agencies of the Federal Government; and". SEC. 2. The amendment made by the first section of this Act shall take effect on the date of the enactment of this Act. Approved July 12, 1976.

LEGISLATIVE HISTORY: HOUSE REPORT No. 94-1008 (Comm. on Post Office and Civil Service). CONGRESSIONAL RECORD, Vol. 122 (1976): May 3, considered and passed House. July 1, considered and passed Senate.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/961

 PUBLIC LAW 94-359—JULY 12, 1976

90 STAT. 911

Public Law 94-359 94th Congress An Act To amend the Endangered Species Act of 1973 in order to permit the disposal of certain endangered species products and parts lawfully held within the United States on the effective date of such Act.

Be it enacted by the /Senate and House of Representatives of the United States of America in Congress assembled, That section 4(f) (2)(B) (ii) of the Endangered Species Act of 1973 (16 U.S.C. 1533 (f)(2)(B) (ii)) is amended by striking out "subsection (b)(A), (B), and (C) " and inserting in lieu thereof subsection (b)(1)(A)". SEC. 2. Section 10 of the Endangered Species Act of 1973 (16 U.S.C. 1539) is amended by adding at the end thereof the following new subsections: "(f)(1) As used in this subsection— "(A) The term 'pre-Act endangered species part' means— "(i) any sperm whale oil, including derivatives thereof, which was lawfully held within the United States on December 28, 1973, in the course of a commercial activity; or "(ii) any finished scrimshaw product, if such product or the raw material for such product was lawfully held within the United States on December 28, 1973, in the course of a commercial activity. "(B) The term 'scrimshaw product' means any art form which involves the etching or engraving of designs upon, or the carving of figures, patterns, or designs from, any bone or tooth of any marine mammal of the order Cetacea. "(2) The Secretary, pursuant to the provisions of this subsection, may exempt, if such exemption is not in violation of the Convention, any pre-Act endangered species part from one or more of the following prohibitions: "(A) The prohibition on exportation from the United States set forth in section 9(a)(1)(A) of this Act. "(B) Any prohibition set forth in section 9(a)(1)(E) or (F) of this Act. "(3) Any person seeking an exemption described in paragraph (2) of this subsection shall make application therefor to the Secretary in such form and manner as he shall prescribe, but no such application may be considered by the Secretary unless the application— "(A) is received by the Secretary before the close of the oneyear period beginning on the date on which regulations promulgated by the Secretary to carry out this subsection first take effect; "(B) contains a complete and detailed inventory of all pre-Act endangered species parts for which the applicant seeks exemption; "(C) is accompanied by such doer mentation as the Secretary may require to prove that any endangered species part or product claimed by the applicant to be a pre-Act endangered species part is in fact such a part; and "(D) contains such other information as the Secretary deems necessary and appropriate to carry out the purposes of this subsection.

89-194 0—78—pt. 1

61

July 12, 1976 [S. 229]

Endangered Species Act of 1973, amendments.

Definitions.

Exemption.

16 USC 1538.

Application.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/962

 90 STAT. 912 Exemption certification.

16 USC 1538.

Regulations.

16 USC 6533. Pre-Act endangered species parts, sales contract, validity.

Waiver.

PUBLIC LAW 94-359—JULY 12, 1976 "(4) If the Secretary approves any application for exemption made under this subsection, he shall issue to the applicant a certificate of exemption which shall specify— "(A) any prohibition m section 9(a) of this Act which is exempted; "(B) the pre-Act endangered species parts to which the exemption applies; "(C) the period of time during which the exemption is in effect, but no exemption made under this subsection shall have force and effect after the close of the three-year period beginning on the date of issuance of the certificate; and "(D) any term or condition prescribed pursuant to paragraph (5)(A) or (B), or both, which the Secretary deems necessary or appropriate. "(5) The Secretary shall prescribe such regulations as he deems necessary and appropriate to carry out the purposes of this subsection. Such regulations may set forth— " (A) terms and conditions which may be imposed on applicants for exemptions under this subsection (including, but not limited to, requirements that applicants register inventories, keep complete sales records, permit duly authorized agents of the Secretary to inspect such inventories and records, and periodically file appropriate reports with the Secretary); and "(B) terms and conditions which may be imposed on any subsequent purchaser of any pre-Act endangered species part covered by an exemption granted under this subsection; to insure that any such part so exempted is adequately accounted for and not disposed of contrary to the provisions of this Act. No regulation prescribed by the Secretary to carry out the purposes of this subsection shall be subject to section 4(f)(2)(A)(i) of this Act. "(6)(A) Any contract for the sale of pre-Act endangered species parts which is entered into by the Administrator of General Services prior to the effective date of this subsection and pursuant to the notice published in the Federal Kegister on January 9, 1973, shall not be rendered invalid by virtue of the fact that fulfillment of such contract may be prohibited under section 9(a)(1)(F). "(B) In the event that this paragraph is held invalid, the validity of the remainder of the Act, including the remainder of this subsection, shall not be affected. "(7) Nothing in this subsection shall be construed to— "(A) exonerate any person from any act committed in violation of paragraphs (1)(A), (1)(E), or (1)(F) of section 9(a) prior to the date of enactment of this subsection; or "(B) immunize any person from prosecution for any such act. " (g) In connection with any action alleging a violation of section 9, any pereon claiming the benefit of any exemption or permit under this Act shall have the burden of proving that the exemption or permit is applicable, has been granted, and was valid and in force at the time of the alleged violation.". SEC. 3. Section 10 of the Endangered Species Act of 1973 (16 U.S.C. 1539) is further amended— (1) by striking out "subsection" in the first sentence of subsection (c) thereof and inserting in lieu thereof "section"; and (2) by striking out the period at the end of the second sentence of subsection (c) thereof and inserting in lieu thereof the following: "; except that such thirty-day period may be waived by

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 PUBLIC LAW 9 4 - 3 5 9 — J U L Y 12, 1976

90 STAT. 913

the Secretary in an emergency situation where the health or life of an endangered animal is threatened and no reasonable alternative is available to the applicant, but notice of any such waiver Publication in shall be published by the Secretary in the Federal Register within Federal Register. ten days following the issuance of the exemption or permit.". SEC. 4. Section 1 1 (e)(3) of the Endangered Species Act of 1973 Enforcement. (16 U.S.C. 1 5 4 0 (e)(3)) is amended— (1) by inserting immediately before the words "execute and serve any arrest warrant," in the second sentence thereof the following: "make arrests without a w a r r a n t for any violation of this Act if he has reasonable grounds to believe that the person to be arrested is committing the violation in his presence or view, and may "; and (2) by striking out the period at the end thereof and inserting in lieu thereof the following: ", but upon forfeiture of any such property to the United States, or the abandonment or waiver of any claim to any such property, it shall be disposed of (other than by sale to the general public) by the Secretary in such a manner, consistent with the purposes of this Act, as the Secretary shall by regulation prescribe.". SEC. 5. Paragraph (1) of section 3 of the E n d a n g e r e d Species Act of 1973 (16 U.S.C. 1532(1)) is amended by striking the period and inserting in lieu thereof ": Provided, however, That it does not include exhibition of commodities by museums or similar cultural or historical organizations.". Approved July 12, 1976.

LEGISLATIVE HISTORY: HOUSE REPORT No. 94-823 accompanying H.R. 10229 (Comm. on Merchant Marine and Fisheries). SENATE REPORT No. 94-63 (Comm. on Commerce). CONGRESSIONAL RECORD: Vol. 121 (1975): Apr. 14, considered and passed Senate. Vol. 122 (1976): Feb. 17, considered and passed House, amended, in lieu of H.R. 10229. June 24, Senate agreed to House amendment with amendments. June 29, House concurred in Senate amendments.

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Summa Theologiae/Second Part of the Second Part/Question 86

Question. 86 - OF OBLATIONS AND FIRST-FRUITS (FOUR ARTICLES)
We must next consider oblations and first-fruits. Under this head there are four points of inquiry:

(1) Whether any oblations are necessary as a matter of precept?

(2) To whom are oblations due?

(3) of what things they should be made?

(4) In particular, as to first-fruits, whether men are bound to offer them?

Art. 1 - Whether men are under a necessity of precept to make oblations?
Objection 1: It would seem that men are not bound by precept to make oblations. Men are not bound, at the time of the Gospel, to observe the ceremonial precepts of the Old Law, as stated above (FS, Q[103], AA[3] ,4). Now the offering of oblations is one of the ceremonial precepts of the Old Law, since it is written (Ex. 23:14): "Three times every year you shall celebrate feasts with Me," and further on (Ex. 23:15): "Thou shalt not appear empty before Me." Therefore men are not now under a necessity of precept to make oblations.

Objection 2: Further, before they are made, oblations depend on man's will, as appears from our Lord's saying (Mat. 5:23), "If . . . thou offer thy gift at the altar," as though this were left to the choice of the offerer: and when once oblations have been made, there is no way of offering them again. Therefore in no way is a man under a necessity of precept to make oblations.

Objection 3: Further, if anyone is bound to give a certain thing to the Church, and fails to give it, he can be compelled to do so by being deprived of the Church's sacraments. But it would seem unlawful to refuse the sacraments of the Church to those who refuse to make oblations according to a decree of the sixth council [*Can. Trullan, xxiii], quoted I, qu. i, can. Nullus: "Let none who dispense Holy Communion exact anything of the recipient, and if they exact anything let them be deposed." Therefore it is not necessary that men should make oblations.

On the contrary, Gregory says [*Gregory VII; Concil. Roman. v, can. xii]: "Let every Christian take care that he offer something to God at the celebration of Mass."

I answer that, As stated above (Q[85], A[3], ad 3), the term "oblation" is common to all things offered for the Divine worship, so that if a thing be offered to be destroyed in worship of God, as though it were being made into something holy, it is both an oblation and a sacrifice. Wherefore it is written (Ex. 29:18): "Thou shalt offer the whole ram for a burnt-offering upon the altar; it is an oblation to the Lord, a most sweet savor of the victim of the Lord"; and (Lev. 2:1): "When anyone shall offer an oblation of sacrifice to the Lord, his offering shall be of fine flour." If, on the other hand, it be offered with a view to its remaining entire and being deputed to the worship of God or to the use of His ministers, it will be an oblation and not a sacrifice. Accordingly it is essential to oblations of this kind that they be offered voluntarily, according to Ex. 25:2, of "every man that offereth of his own accord you shall take them." Nevertheless it may happen in four ways that one is bound to make oblations. First, on account of a previous agreement: as when a person is granted a portion of Church land, that he may make certain oblations at fixed times, although this has the character of rent. Secondly, by reason of a previous assignment or promise; as when a man offers a gift among the living, or by will bequeaths to the Church something whether movable or immovable to be delivered at some future time. Thirdly, on account of the need of the Church, for instance if her ministers were without means of support. Fourthly, on account of custom; for the faithful are bound at certain solemn feasts to make certain customary oblations. In the last two cases, however, the oblation remains voluntary, as regards, to wit, the quantity or kind of the thing offered.

Reply to Objection 1: Under the New Law men are not bound to make oblations on account of legal solemnities, as stated in Exodus, but on account of certain other reasons, as stated above.

Reply to Objection 2: Some are bound to make oblations, both before making them, as in the first, third, and. fourth cases, and after they have made them by assignment or promise: for they are bound to offer in reality that which has been already offered to the Church by way of assignment.

Reply to Objection 3: Those who do not make the oblations they are bound to make may be punished by being deprived of the sacraments, not by the priest himself to whom the oblations should be made, lest he seem to exact, something for bestowing the sacraments, but by someone superior to him.

Art. 2 - Whether oblations are due to priests alone?
Objection 1: It would seem that oblations are not due to priests alone. For chief among oblations would seem to be those that are deputed to the sacrifices of victims. Now whatever is given to the poor is called a "victim in Scripture according to Heb. 13:16, "Do not forget to do good and to impart, for by such victims [Douay: 'sacrifices'] God's favor is obtained. Much more therefore are oblations due to the poor.

Objection 2: Further, in many parishes monks have a share in the oblations. Now "the case of clerics is distinct from the case of monks," as Jerome states [*Ep. xiv, ad Heliod.]. Therefore oblations art not due to priests alone.

Objection 3: Further, lay people with the consent of the Church buy oblations such as loaves and so forth, and they do so for no other reason than that they may make use thereof themselves. Therefore oblations may have reference to the laity.

On the contrary, A canon of Pope Damasus [*Damasus I] quoted X, qu. i [*Can. Hanc consuetudinem], says: "None but the priests whom day by day we see serving the Lord may eat and drink of the oblations which are offered within the precincts of the Holy Church: because in the Old Testament the Lord forbade the children of Israel to eat the sacred loaves, with the exception of Aaron and his sons" (Lev. 24:8,9).

I answer that, The priest is appointed mediator and stands, so to speak, "between" the people and God, as we read of Moses (Dt. 5:5), wherefore it belongs to him to set forth the Divine teachings and sacraments before the people; and besides to offer to the Lord things appertaining to the people, their prayers, for instance, their sacrifices and oblations. Thus the Apostle says (Heb. 5:1): "Every high priest taken from among men is ordained for men in the things that appertain to God, that he may offer up gifts and sacrifices for sins." Hence the oblations which the people offer to God concern the priests, not only as regards their turning them to their own use, but also as regards the faithful dispensation thereof, by spending them partly on things appertaining to the Divine worship, partly on things touching their own livelihood (since they that serve the altar partake with the altar, according to 1 Cor. 9:13), and partly for the good of the poor, who, as far as possible, should be supported from the possessions of the Church: for our Lord had a purse for the use of the poor, as Jerome observes on Mat. 17:26, "That we may not scandalize them."

Reply to Objection 1: Whatever is given to the poor is not a sacrifice properly speaking; yet it is called a sacrifice in so far as it is given to them for God's sake. In like manner, and for the same reason, it can be called an oblation, though not properly speaking, since it is not given immediately to God. Oblations properly so called fall to the use of the poor, not by the dispensation of the offerers, but by the dispensation of the priests.

Reply to Objection 2: Monks or other religious may receive oblations under three counts. First, as poor, either by the dispensation of the priests, or by ordination of the Church; secondly, through being ministers of the altar, and then they can accept oblations that are freely offered; thirdly, if the parishes belong to them, and they can accept oblations, having a right to them as rectors of the Church.

Reply to Objection 3: Oblations when once they are consecrated, such as sacred vessels and vestments, cannot be granted to the use of the laity: and this is the meaning of the words of Pope Damasus. But those which are unconsecrated may be allowed to the use of layfolk by permission of the priests, whether by way of gift or by way of sale.

Art. 3 - Whether a man may make oblations of whatever he lawfully possesses?
Objection 1: It would seem that a man may not make oblations of whatever he lawfully possesses. According to human law [*Dig. xii, v, de Condict. ob. turp. vel iniust. caus. 4] "the whore's is a shameful trade in what she does but not in what she takes," and consequently what she takes she possesses lawfully. Yet it is not lawful for her to make an oblation with her gains, according to Dt. 23:18, "Thou shalt not offer the hire of a strumpet . . . in the house of the Lord thy God." Therefore it is not lawful to make an oblation of whatever one possesses lawfully.

Objection 2: Further, in the same passage it is forbidden to offer "the price of a dog" in the house of God. But it is evident that a man possesses lawfully the price of a dog he has lawfully sold. Therefore it is not lawful to make an oblation of whatever we possess lawfully.

Objection 3: Further, it is written (Malachi 1:8): "If you offer the lame and the sick, is it not evil?" Yet an animal though lame or sick is a lawful possession. Therefore it would seem that not of every lawful possession may one make an oblation.

On the contrary, It is written (Prov. 3:9): "Honor the Lord with thy substance." Now whatever a man possesses lawfully belongs to his substance. Therefore he may make oblations of whatever he possesses lawfully.

I answer that, As Augustine says (De Verb. Dom. Serm. cxiii), "shouldst thou plunder one weaker than thyself and give some of the spoil to the judge, if he should pronounce in thy favor, such is the force of justice that even thou wouldst not be pleased with him: and if this should not please thee, neither does it please thy God." Hence it is written (Ecclus. 34:21): "The offering of him that sacrificeth of a thing wrongfully gotten is stained." Therefore it is evident that an oblation must not be made of things unjustly acquired or possessed. In the Old Law, however, wherein the figure was predominant, certain things were reckoned unclean on account of their signification, and it was forbidden to offer them. But in the New Law all God's creatures are looked upon as clean, as stated in Titus 1:15: and consequently anything that is lawfully possessed, considered in itself, may be offered in oblation. But it may happen accidentally that one may not make an oblation of what one possesses lawfully; for instance if it be detrimental to another person, as in the case of a son who offers to God the means of supporting his father (which our Lord condemns, Mat. 15:5), or if it give rise to scandal or contempt, or the like.

Reply to Objection 1: In the Old Law it was forbidden to make an offering of the hire of a strumpet on account of its uncleanness, and in the New Law, on account of scandal, lest the Church seem to favor sin if she accept oblations from the profits of sin.

Reply to Objection 2: According to the Law, a dog was deemed an unclean animal. Yet other unclean animals were redeemed and their price could be offered, according to Lev. 27:27, "If it be an unclean animal, he that offereth it shall redeem it." But a dog was neither offered nor redeemed, both because idolaters used dogs in sacrifices to their idols, and because they signify robbery, the proceeds of which cannot be offered in oblation. However, this prohibition ceased under the New Law.

Reply to Objection 3: The oblation of a blind or lame animal was declared unlawful for three reasons. First, on account of the purpose for which it was offered, wherefore it is written (Malach. 1:8): "If you offer the blind in sacrifice, is it not evil?" and it behooved sacrifices to be without blemish. Secondly, on account of contempt, wherefore the same text goes on (Malach. 1:12): "You have profaned" My name, "in that you say: The table of the Lord is defiled and that which is laid thereupon is contemptible." Thirdly, on account of a previous vow, whereby a man has bound himself to offer without blemish whatever he has vowed: hence the same text says further on (Malach. 1:14): "Cursed is the deceitful man that hath in his flock a male, and making a vow offereth in sacrifice that which is feeble to the Lord." The same reasons avail still in the New Law, but when they do not apply the unlawfulness ceases.

Art. 4 - Whether men are bound to pay first-fruits?
Objection 1: It would seem that men are not bound to pay first-fruits. After giving the law of the first-born the text continues (Ex. 13:9): "It shall be as a sign in thy hand," so that, apparently, it is a ceremonial precept. But ceremonial precepts are not to be observed in the New Law. Neither therefore ought first-fruits to be paid.

Objection 2: Further, first-fruits were offered to the Lord for a special favor conferred on that people, wherefore it is written (Dt. 26:2,3): "Thou shalt take the first of all thy fruits . . . and thou shalt go to the priest that shall be in those days, and say to him: I profess this day before the Lord thy God, that I am come into the land, for which He swore to our fathers, that He would give it us." Therefore other nations are not bound to pay first-fruits.

Objection 3: That which one is bound to do should be something definite. But neither in the New Law nor in the Old do we find mention of a definite amount of first-fruits. Therefore one is not bound of necessity to pay them.

On the contrary, It is laid down (16, qu. vii, can. Decimas): "We confirm the right of priests to tithes and first-fruits, and everybody must pay them."

I answer that, First-fruits are a kind of oblation, because they are offered to God with a certain profession (Dt. 26); where the same passage continues: "The priest taking the basket containing the first-fruits from the hand of him that bringeth the first-fruits, shall set it before the altar of the Lord thy God," and further on (Dt. 26:10) he is commanded to say: "Therefore now I offer the first-fruits of the land, which the Lord hath given me." Now the first-fruits were offered for a special reason, namely, in recognition of the divine favor, as though man acknowledged that he had received the fruits of the earth from God, and that he ought to offer something to God in return, according to 1 Paral 29:14, "We have given Thee what we received of Thy hand." And since what we offer God ought to be something special, hence it is that man was commanded to offer God his first-fruits, as being a special part of the fruits of the earth: and since a priest is "ordained for the people "in the things that appertain to God" (Heb. 5:1), the first-fruits offered by the people were granted to the priest's use." Wherefore it is written (Num. 18:8): "The Lord said to Aaron: Behold I have given thee the charge of My first-fruits." Now it is a point of natural law that man should make an offering in God's honor out of the things he has received from God, but that the offering should be made to any particular person, or out of his first-fruits, or in such or such a quantity, was indeed determined in the Old Law by divine command; but in the New Law it is fixed by the declaration of the Church, in virtue of which men are bound to pay first-fruits according to the custom of their country and the needs of the Church's ministers.

Reply to Objection 1: The ceremonial observances were properly speaking signs of the future, and consequently they ceased when the foreshadowed truth was actually present. But the offering of first-fruits was for a sign of a past favor, whence arises the duty of acknowledgment in accordance with the dictate of natural reason. Hence taken in a general sense this obligation remains.

Reply to Objection 2: First-fruits were offered in the Old Law, not only on account of the favor of the promised land given by God, but also on account of the favor of the fruits of the earth, which were given by God. Hence it is written (Dt. 26:10): "I offer the first-fruits of the land which the Lord hath given me," which second motive is common among all people. We may also reply that just as God granted the land of promise to the Jews by a special favor, so by a general favor He bestowed the lordship of the earth on the whole of mankind, according to Ps. 113:24, "The earth He has given to the children of men."

Reply to Objection 3: As Jerome says [*Comment. in Ezech. 45:13,14; cf. Cap. Decimam, de Decim. Primit. et Oblat.]: "According to the tradition of the ancients the custom arose for those who had most to give the priests a fortieth part, and those who had least, one sixtieth, in lieu of first-fruits." Hence it would seem that first-fruits should vary between these limits according to the custom of one's country. And it was reasonable that the amount of first-fruits should not be fixed by law, since, as stated above, first-fruits are offered by way of oblation, a condition of which is that it should be voluntary.


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 PUBLIC LAW 94-360—JULY 13, 1976

90 STAT. 915

Public Law 94-360 94th Congress An Act To revise and extend the Horse Protection Act of 1970.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. (a) This Act may be cited as the "Horse Protection Act Amendments of 1976", (b) Whenever in this Act an amendment is expressed in terms of an amendment to a section or other provision, the reference shall be considered to be made to a section or other provision of the Horse Protection Act of 1970. SEC. 2. The first section is amended by striking out "of 1970". SEC. 3. Section 2 (15 U.S.C. 1821) is amended to read as follows: "SEC. 2. As used in this Act unless the context otherwise requires: "(1) The term 'management' means any person who organizes, exercises control over, or administers or who is responsible for organizing, directing, or administering. "(2) The term 'Secretary' means the Secretary of Agriculture. ' (3) The term 'sore' when used to describe a horse means that— "(A) an irritating or blistering agent has been applied, internally or externally, by a person to any limb of a horse, "(B) any burn, cut, or laceration has been inflicted by a person on any limb of a horse, "(C) any tack, nail, screw, or chemical agent has been injected by a person into or used by a person on any limb of a horse, or "(D) any other substance or device has been used by a person on any limb of a horse or a person has engaged in a practice involving a horse, and, as a result of such application, infliction, injection, use, or practice, such horse suffers, or can reasonably be expected to suffer, physical pain or distress, inflammation, or lameness when walking, trotting, or otherwise moving, except that such term does not include such an application, infliction, injection, use, or practice in connection with the therapeutic treatment of a horse by or under the supervision of a person licensed to practice veterinary medicine in the State in which such treatment was given. "(4) The term 'State' means any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Trust Territory of the Pacific Islands.". SEC. 4. Section 3 (15 U.S.C. 1822) is amended to read as follows: "SEC. 3. The Congress finds and declares that— " (1 ^ the soring of horses is cruel and inhumane; "(2) horses shown or exhibited which are sore, where such soreness improves the performance of such horse, compete unfairly with horses which are not sore; "(3) the movement, showing, exhibition, or sale of sore horses in intrastate commerce adversely affects and burdens interstate and foreign commerce;

July 13, 1976 [S. 811] Horse Protection Act Amendments of 1976. 15 USC 1821 note.

15 USC 1821 note. Definitions.

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 90 STAT. 916

Regulations.

Records.

Inspection.

Prohibited conduct.

PUBLIC LAW 94-360—JULY 13, 1976

"(4) all horses which are subject to regulation under this Act are either in interstate or foreign commerce or substantially V affect such commerce; and "(5) regulation under this Act by the Secretary is appropriate to prevent and eliminate burdens upon commerce and to effectively regulate commerce.". SEC. 5. Section 4 (15 U.S.C. 1823) is amended to read as follows: "SEC. 4. (a) The management of any horse show or horse exhibition shall disqualify any horse from being shown or exhibited (1) which is sore or (2) if the management has been notified by a person appointed in accordance with regulations under subsection (c) or by the Secretary that the horse is sore. "(b) The management of any horse sale or auction shall prohibit the sale or auction or exhibition for the purpose of sale of any horse (1) which is sore or (2) if the management has been notified by a person appointed in accordance with regulations under subsection (c) or by the Secretary that the horse is sore. "(c) The Secretary shall prescribe by regulation requirements for the appointment by the management of any horse show, horse exhibition, or horse sale or auction of persons qualified to detect and diagnose a horse which is sore or to otherwise inspect horses for the purposes of enforcing this Act. Such requirements shall prohibit the appointment of persons who, after notice and opportunity for a hearing, have been disqualified by the Secretary to make such detection, diagnosis, or inspection. Appointment of a person in accordance with the requirements prescribed under this subsection shall not be construed as authorizing such person to conduct inspections in a manner other than that prescribed for inspections by the Secretary (or the Secretary's representative) under subsection (e). "(d) The management of a horse show, horse exhibition, or horse sale or auction shall establish and maintain such records, make such reports, and provide such information as the Secretary may by regulation reasonably require for the purposes of implementing this Act or to determine compliance with this Act. Upon request of an officer or employee duly designated by the Secretary, such management shall permit entry at all reasonable times for the inspection and copying (on or off the premises) of records required to be maintained under this subsection. "(e) For purposes of enforcement of this Act (including any regulation promulgated under this Act) the Secretary, or any representative of the Secretary duly designated by the Secretary, may inspect any horse show, horse exhibition, or horse sale or auction or any horse at any such show, exhibition, sale, or auction. Such an inspection may only be made upon presenting appropriate credentials. Each such inspection shall be commenced and completed with reasonable promptness and shall be conducted within reasonable limits and in a reasonable manner. An inspection under this subsection shall extend to all things (including records) bearing on whether the requirements of this Act have been complied with.". SEC. 6. Section 5 (15 U.S.C. 1824) is amended to read as follows: "SEC. 5. The following conduct is prohibited: "(1) The shipping, transporting, moving, delivering, or receiving of any horse which is sore with reason to believe that such horse while it is sore may be shown, exhibited, entered for the purpose of being shown or exhibited, sold, auctioned, or offered

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