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 1562

U.S. agencies, transactions. 80 Stat. 351. 7 USC 2138. Intra,

Enforcement. 7 USC 2139.

Ante, p. 1561.

Recordkeeping. 7 USC 2140.

Identification. 7 USC 2141.

Humane standards, auction sales. 7 USC 2142.

7 USC 2153. Humane standards, promulgation, 7 USC 2143.

PUBLIC LAW 91-579-DEC. 24, 1970

[84 STAT.

(-2) by inserting between the words "as a dealer" and "'issned*' the words "or exhibitor*'. »SKC. 1). Section H of such Act is amended— (1) by insertinjr after the words ''or experimentation" the words "or exhibition"; ('2) by inserting between the words "except" and "a person" the words "an operator of an auction sale subject to section 12 of this Act or*"; and (8) by inserting between the words "as a dealer*' and "issued" the words "or exhibitor". SEC. 10. Section 9 of such Act is amended to read as follows: "SEC. 1). When construing or enforcing the provisions of this Act, the act, omission, or failure of any person acting for or employed by a research facility, a dealer, or an exhibitor or a person licensed as a dealer or an exhibitor pursuant to the second sentence of section 3, or an operator of an auction sale subject to section 12 of this Act, within the scope of his employment or office, shall be deemed the act, omission, or failure of such research facility, dealer, exhibitor, licensee, or an operator of an auction sale as well as of such person." SEC. 11. Section 10 of such Act is amended to read as follows: "SEC. 10. Dealers and exhibitors shall make and retain for such reasonable period of time as the Secretary may prescribe, such records with respect to the purchase, sale, transportation, identification, and previous ownership of animals as the Secretary may prescribe, upon forms supplied by the Secretary. Research facilities shall make and I'ctain such records only with respect to the purchase, sale, transportation, identification, and previous ownership of UAB dogs and cats. Such I'ecords shall be made available at all reasonable times for inspection and copying by the Secretary," SEC. 12. Section 11 of such Act is amended— (1) by striking the words "dogs and cats*' and inserting in lieu thereof the word "animals*'; (2) by striking the words "in commerce by any dealer" and inserting in lieu thereof the words ", affecting commerce, by a dealer or exhibitor"; and (3) by striking the period at the end thereof and inserting the following: ": Provided. That only live dogs and cats need be so marked or identified by a research facility.". SEC. 13. Section 12 of such Act is amended to read as follows: "SEC. 12. The Secretary is authorized to x>romulgate humane standards and recordkeeping requirements governing the purchase, handling, or sale of animals, affecting commerce, by dealers, research facilities, and exhibitors at auction sales and by the operators of such auction sales. The Secretary is also authorized to require the licensing of operators of auction sales where any dogs or cats are sold, affecting commerce, under such conditions as he may prescribe, and upon payment of such fee as prescribed by the Secretary under section 23 of this Act.** SEC. 14. Section 13 of such Act is amended to read as follows: "SEC. 13, The Secretary shall promulgate standards to govern the humane handling, care, treatment, and transportation of animals by dealers, research facilities, and exhibitors. Such standards shall include minimum requirements with respect to handling, housing, feeding, watering, sanitation, ventilation, shelter from extremes of weather and temperatures, adequate veterinary care, including the appropriate use of anesthetic, analgesic or tranquilizing drugs, when such use would be proper in the opinion of the attending veterinarian

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1563

PUBLIC LAW 91-579-DEC. 24, 1970

of such research facilities, and separation by species when the Secretary finds such separation necessary for the humane handling, care, or treatment of animals. I n promulgating and enforcing standards established pursuant to this section, the Secretary is authorized and directed to consult experts, including outside consultants where indicated. Nothing in this Act shall be construed as authorizing the Secretary to promulgate rules, regulations, or orders with regard to design, outlines, guidelines, or performance of actual research or experimentation by a research facility as determined hj such research facility: Provided, That the Secretary shall require, at least annually, every research facility to show that professionally acceptable standards governing the care, treatment, and use of animals, including appropriate use of anesthetic, analgesic, and tranquilizing d r u ^, during experimentation are being followed by the research facility during actual research or experimentation." SEC. 15. Section 14 of such Act is amended by adding at the end thereof the following new sentence: "Any department, agency, or instrumentality of the United States exhibiting animals shall comply with the standards promulgated by the Secretary under section 13." SEC. 16. Section 15 of such Act is amended— (1) in subsection (a) by striking the words "or experimentation" and inserting in lieu thereof the words ", experimentation or exhibition"; and (2) in subsection (b) by striking the word "effectuating" and inserting in lieu thereof the words "carrying out". SEC. 17. Section 16 of such Act is amended to read as follows: "SEC. 16. (a) The Secretary shall make such investigations or inspections as he deems necessary to determine whether any dealer, exhibitor, research facility, or operator of an auction sale subject to section 12 of this Act, has violated or is violating any provision of this Act or any regulation or standard issued thereunder, and for such purposes, the Secretary shall, at all reasonable times, have access to the places of business and the facilities, animals, and those records required to be kept pursuant to section 10 of any such dealer, exhibitor, research facility, or operator of an auction sale. The Secretary shall promulgate such rules and regulations as he deems necessary to permit inspectors to confiscate or destroy in a humane manner any animal found to be suffering as a result of a failure to comply with any provision of this Act or any regulation or standard issued thereunder if (1) such animal is held by a dealer, (2) such animal is held by an exhibitor, (3) such animal is held by a research facility and is no longer required by such research facility to carry out the research, test, or experiment for which such animal has been utilized, or (4) such animal is held by an operator of an auction sale. " (b) Any person who forcibly assaults, resists, opposes, impedes, intimidates, or interferes with any person while engaged in or on account of the performance of his official duties under tnis Act shall be fined not more than $5,000, or imprisoned not more than three years, or both. Whoever, in the commission of such acts, uses a deadly or dangerous weapon shall be fined not more than $10,000, or imprisoned not more than ten years, or both. Whoever kills any person while engaged in or on account of the performance of his official duties under this Act shall be punished as provided under sections 1111 and 1114 of title 18, United States Code. "(c) For the efficient administration and enforcement of this Act, the provisions (including penalties) of sections 6, 8, 9, and 10 of the Act entitled "An Act to create a Federal Trade Commission, to define

Experts and sultants.

Annual report.

80 Stat. 352. 7 USC 2144. Ante, p. 1562. 7 USC 2145.

Inspections. 7 USC 2146.

Regulations.

Penalties.

62 Stat. 756. 65 Stat. 721; 76 Stat. 132.

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 1564

Ante, p. 929. Ante, p. 926.

Jurisdiction.

Intra. Post, p. 1565. 80 Stat. 352. 7 USC 2147.

Ante, p. 1562. Repeal. Dealer l i c e n s e suspension. 7 USC 2149.

Judicial review.

80 Stat. 392.

Penalty.

PUBLIC LAW 91-579-DEC. 24, 1970

[84 STAT.

its powers and duties, and for other purposes," approved September 26, 1914 (38 Stat. 721-723, as amended; 15 U.S.C. 46, 48, 49, and 50) (except paragraph (c) through (h) of section 6 and the last paragraph of section 9), and the provisions of Title II of the "Organized Crime Control Act of 1970" (62 Stat. 856; 18 U.S.C. 6001 et seq.), are made applicable to the jurisdiction, powers, and duties of the Secretary in administering and enforcing the provisions of this Act and to any person, firm, or corporation with respect to whom such authority is exercised. The Secretary may prosecute any inquiry necessary to his duties under this Act m any part of the United States, including any territory, or possession thereof, the District of Columbia, or the Commonwealth of Puerto Rico. The powers conferred by said sections 9 and 10 of the Act of September 26, 1914, as amended, on the district courts of the United States may be exercised for the purposes of this Act by any district court of the United States. The United States district courts, the District Court of Guam, the District Court of the Virgin Islands, the highest court of American Samoa, and the United States courts of the other territories, are vested with jurisdiction specifically to enforce, and to prevent and restrain violations of this Act, and shall have jurisdiction in all other kinds of cases arising under this Act, except as provided in sections 19(b) and 20(b) of this Act." SEC. 18. Section 17 of such Act is amended by striking the phrase "issue rules and regulations requiring licensed dealers and research facilities" and inserting in lieu thereof the phrase "promulgate rules and regulations requiring dealers, exhibitors, research facilities, and operators of auction sales subject to section 12 of this Act". SEC. 19. Section 18 of such Act is repealed. SEC. 20. Section 19 of such Act is amended to read as follows: "SEC. 19. (a) If the Secretary has reason to believe that any dealer, exhibitor, or operator of an auction sale subject to section 12 of this Act, has violated or is violating any provisions of this Act, or any of the rules or regulations or standards promulgated by the Secretary hereunder, he may make an order that such person shall cease and desist from continuing such violation, and if such person is licensed under this Act, the Secretary may also suspend such person's license temporarily, but not to exceed twenty-one days, and after notice and opportunity for hearing, may suspend for such additional period as he may specify, or revoke such license, if such violation is determined to have occurred. Any dealer, exhibitor, or operator of an auction sale subject to section 12 of this Act, who knowingly fails to obey a cease and desist order made by the Secretary under this section, shall be subject to a civil penalty of $500 for each offense, and each day during which such failure continues, shall be deemed a separate offense. " (b) Any dealer, exhibitor, or operator of an auction sale aggrieved by a final order of the Secretary issued pursuant to subsection (a) of this section may, within sixty days after entry of such an order, seek review of such order in the United States court of appeals for the circuit in which such person has his principal place of business, or in the United States Court of Appeals for the District of Columbia Circuit, in accordance with the provisions of sc^ctions 701-706 of title 5, United States Code. Judicial review of any such order shall be upon the record upon which the final determination and order of the Secretary were based. "(c) Any dealer, exhibitor, or operator of an auction sale subject to section 12 of this Act, who violates any provision of this Act shall, on

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PUBLIC LAW 91-580-DEC. 24, 1970

conviction thereof, be subject to imprisonment for not more than one year, or a fine of not more than $1,000, or both." SEC. 21. Section 20 of such Act is amended— (1) in subsection (a) by striking the words "rules or regulations" and inserting in lieu thereof the words "rules, regulations, or standards"; and (2) by amending subsection (b) to read as follows: " (b) Any research facility aggrieved by a final order of the Secretary, issued pursuant to subsection (a) of this Act, may within sixty days after entry of such order, seek review of such order in the United States court of appeals for the circuit in which such research facility has its principal place of business, or in the United States Court of Appeals for the District of Columbia Circuit, in accordance with the provisions of sections 701-706 of title 5, United States Code. Judicial review of any such order shall be upon the record upon which the final determination and order of the Secretary were based." SEC. 22. Such Act is further amended by adding at the end thereof the following new section: "SEC. 25. Not later than March of each year following the enactment of the "Animal Welfare Act of 1970", the Secretary shall submit to the President of the Senate and the Speaker of the House of Representatives a comprehensive and detailed written report with respect to— "(1) the identification of all research facilities, exhibitors, and other persons and establishments licensed by the Secretary under section 3 and section 12 of this Act; "(2) the nature and place of all investigations and inspections conducted by the Secretary under section 16 of this Act, and all reports received by the Secretary under section 13 of this Act; and "(3) recommendations for legislation to improve the administration of this Act or any provisions thereof. This report as well as any supporting documents, data, or findings shall not be released to any other persons, non-Federal agencies, or organizations unless and until it has been made public by an appropriate committee of the Senate or the House of Representatives." SEC. 23. The amendments made by this Act shall take effect one year after the date of enactment of this Act, except for the amendments to sections 16,17,19, and 20 of the Act of August 24, 1966, which shall become effective thirty days after the date of enactment of this Act. Approved December 24, 1970.

1565

Research facilit i e s, violations. 80 Stat. 3 5 3. 7 USC 2150.

Judicial review.

80 Stat. 392,

Report to President of the Senate and Speaker of the House,

Ante, 1562.

pp. 1561,

Effective dates. Ante, 1564.

pp. 1563,

Public Law 91-580 AN ACT To amend Public Law 91-273 to increase the authorization for appropriations to the Atomic Energy Commission in accordance with section 261 of the Atomic Energy Act of 1954, as amended, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 101(b) of Public Law 91-273 is hereby amended by adding at the end thereof: " (9) Project 71-9, fire, safety, and adequacy of operating conditions projects, various locations, $25,500,000." SEC. 2. Section 102(a) of Public Law 91-273 is amended by striking "and" after " (3)," and by inserting ", and (9) " after " (4)". Approved December 24, 1970.

December 24, 1970 [S.4557]

Atomic Energy Commission. Ante, p. 299.

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PUBLIC LAW 91-581-DEC. 24, 1970

[84 STAT.

Public Law 91-581 December 24, 1970 [S.368]

Geothermal Steam Act of 1970. Definitions.

Leases.

Bids.

Conversion.

41 Stat. 4 3 7. 61 Stat. 9l3«

AN ACT To authorize the Secretary of the Interior to make disposition of geothermal steam and associated geothermal resources, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Geothermal Steam Act of 1970". SEC. 2. As used in this Act, the term— (a) "Secretary" means the Secretary of the Interior; (b) "geothermal lease" means a lease issued under authority of this Act; (c) "geothermal steam and associated geothermal resources" means (i) all products of geothermal processes, embracing indigenous steam, hot water and hot brines; (ii) steam and other gases, hot water and hot brines resulting from water, gas, or other fluids artificially introduced into geothermal formations; (iii) heat or other associated e n e r ^ found in geothermal formations; and (iv) any byproduct derived from them; (d) "byproduct" means any mineral or minerals (exclusive of oil, hydrocarbon gas, and helium) which are found in solution or in association with geothermal steam and which have a value of less than 75 per centum of the value of the geothermal steam or are not, because of quantity, quality, or technical difficulties in extraction and production, of sufficient value to warrant extraction and production by themselves; (e) "known geothermal resources area" means an area in which the geology, nearby discoveries, competitive interests, or other indicia would, in the opinion of the Secretary, engender a belief in men who are experienced in the subject matter that the prospects for extraction of geothermal steam or associated geothermal resources are good enough to warrant expenditures of money for that purpose. SEC. 3. Subject to the {provisions of section 15 of this Act, the Secretary of the Interior may issue leases for the development and utilization of geothermal steam and associated geothermal resources (1) in lands administered by him, including public, withdrawn, and acquired lands, (2) in any national forest or other lands administered by the Department of Agriculture through the Forest Service, including public, withdrawn, and acquired lands, and (3) in lands which have been conveyed by the United States subject to a reservation to the United States of the geothermal steam and associated geothermal resources therein. SEC. 4. If lands to be leased under this Act are within any known g'eothermal resources area, they shall be leased to the highest responsible qualified bidder by competitive bidding under regulations formulated by the Secretary. If the lands to be leased are not within any known geothermal resources area, the qualified person first making application for the lease shall be entitled to a lease of such lands without competitive bidding. Notwithstanding the foregoing, at any time within one hundred and eighty days following the effective date of this Act: (a) with respect to all lands which were on September 7, 1965, subject to valid leases or permits issued under the Mineral Leasing Act of February 25, 1920, as amended (30 U.S.C. 181 et seq.), or under the Mineral Leasing Act of Acc[uired Lands, as amended (30 U.S.C. 351, 358), or to existing mining claims located on or prior to September 7j 1965, the lessees or permittees or claimants or their successors in interest who are qualified to hold geothermal

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PUBLIC LAW 91-581-DEC. 24, 1970

leases shall have the right to convert such leases or permits or claims to geothermal leases covering the same lands; (b) where there are conflicting claims, leases, or permits therefor embracing the same land, the person who first was issued a lease or permit, or who first recorded the mining claim shall be entitled to first consideration; (c) with respect to all lands which were on September 7, 1965, the subject of applications for leases or permits under the above Acts, the applicants may convert their applications to applications for geothermal leases having priorities dating from the time of filing of such applications under such Acts; (d) no person shall be permitted to convert mineral leases, permits, applications therefor, or mining claims for more than 10,240 acres; and (e) the conversion of leases, permits, and mining claims and applications for leases and permits shall be accomplished in accordance with regulations prescribed by the Secretary. No right to conversion to a geothermal lease shall accrue to any person under this section unless such person shows to the reasonable satisfaction of the Secretary that substantial expenditures for the exploration, development, or production of geothermal steam have been made by the applicant who is seeking conversion, on the lands for which a lease is sought or on adjoining, adjacent, or nearby Federal or non-Federal lands. (f) with respect to lands within any known geothermal resources area and which are subject to a right to conversion to a geothermal lease, such lands shall be leased by competitive bidding: Provided, That, the competitive geothermal lease shall be issued to the person owning the right to conversion to a geothermal lease if he makes payment of an amount equal to the highest bona fide bid for the competitive geothermal lease, plus the rental for the first year, within thirty days after he receives written notice from the Secretary of the amount of the highest bid. SEC. 5. Geothermal leases shall provide for— (a) a royalty of not less than 10 per centum or more than 15 per centum of the amount or value of steam, or any other form of heat or energy derived from production under the lease and sold or utilized by the lessee or reasonably, susceptible to sale or utilization by the lessee; (b) a royalty of not more than 5 per centum of the value of any byproduct derived from production under the lease and sold or utilized or reasonably susceptible of sale or utilization by the lessee, except that as to any byproduct which is a mineral named in section 1 of the Mineral Leasing Act of February 25, 1920, as amended (30 U.S.C. 181), the rate of royalty for such mineral shall be the same as that provided in that Act and the maximum rate of royalty for such mineral shall not exceed the maximum royalty applicable under that Act; (c) payment in advance of an annual rental of not less than $1 per acre or fraction thereof for each year of the lease. If there is no well on the leased lands capable of producing geothermal resources in commercial quantities, the failure to pay rental on or before the anniversary date shall terminate the lease by operation of law: Provided, however, That whenever the Secretary discovers that the rental payment due under a lease is paid timely but the amount of the payment is deficient because of an error or other reason and the deficiency is nominal, as determined by the Secretary pursuant to regulations prescribed by him, he shall notify the lessee of the deficiency and such lease shall not automatically terminate unless

1567

Acreage limitation.

L e a s e provisions. Royalties.

41 Stat. 437.

Rent.

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 1568

Term.

Limitation. Renewal,

Extension.

41 Stat. 437.

PUBLIC LAW 91-581-DEC. 24, 1970

[84 STAT.

the lessee fails to pay the deficiency within the period prescribed in the notice: Provided further, That, where any lease has been terminated automatically by operation of law under this section for failure to pay rental timely and it is shown to the satisfaction of the Secretary of the Interior that the failure to pay timely the lease rental was justifiable or not due to a lack of reasonable diligence, he in his judgment may reinstate the lease if— (1) a petition for reinstatement, together with the required rental, is tiled with the Secretary of the Interior; and (2) no valid lease has been issued affecting any of the lands in the terminated lease prior to the filing of the petition for reinstatement; and (d) a minimum royalty of $2 per acre or fraction thereof in lieu of rental payable at the expiration of each lease year for each producing lease, commencing with the lease year beginning on or after the commencement of production in commercial quantities. For the purpose of determining royalties hereunder the value of any geothermal steam and byproduct used by the lessee and not sold and reasonably susceptible of sale shall be determined by the Secretary, who shall take into consideration the cost of exploration and production and the economic value of the resource in terms of its ultimate utilization. g^c. 6. (a) Geothermal leases shall be for a primary term of ten years. If geothermal steam is produced or utilized in commercial quantities within this term, such lease shall continue for so long thereafter as geothermal steam is produced or utilized in commercial quantities, but such coutinuation shall not exceed an additional forty years. ^j^^ j£^ ^^ ^j^^ ^^^ ^^ ^uoh forty years, steam is produced or utilized in commercial quantities and the lands are not needed for other purposes, the lessee shall have a preferential right to a renewal of such lease for a second forty-year term in accordance with such terms and conditions as the Secretary deems appropriate. (^^s^ ^j^y jg^se for land on which, or for which under an approved cooperative or unit plan of development or operation, actual drilling operations were commenced prior to the end of its primary term and are being diligently prosecuted at that time shall be extended for five years and so long thereafter, but not more than thirty-five years, as geothermal steam is produced or utilized in commercial quantities. If, at the end of such extended term, steam is being produced or utilized in commercial quantities and the lands are not needed for other purposes, the lessee shall have a preferential right to a renewal of such lease for a second term in accordance with such terms and conditions as the Secretary deems appropriate. (d) For purposes of subsection (a) of this section, production or utilization of geothermal steam in commercial quantities shall be deemed to include the completion of one or more wells producing or capable of producing geothermal steam in commercial quantities and a bona fide sale of such geothermal steam for delivery to or utilization by a facility or facilities not yet installed but scheduled for installation not later than fifteen years from the date of commencement of the primary term of the lease. (e) Leases which have extended by reasons of production, or which have produced geothermal steam, and have been determined by the Secretary to be incapable of further commercial production and utilization of geothermal steam may be further extended for a period of not more than five years from the date of such determination but only for so long as one or more valuable byproducts are produced in commercial quantities. If such byproducts are leasable under the Mineral Lcasing Act of February 25, 1920, as amended (30 U.S.C. 181, et seq.), or under the Mineral Leasing Act for Acquired Lands (30 U.S.C.

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1569

PUBLIC LAW 91-581-DEC. 24, 1970

351-358), and the leasehold is primarily valuable for the production thereof, the lessee shall be entitled to convert his geothermal lease to a mineral lease under, and subject to all the terms and conditions of, such appropriate Act upon application at any time before expiration of the lease extension by reason of byproduct production. The lessee shall be entitled to locate under the mining laws all minerals which are not leasable and which would constitute a byproduct if commercial production or utilization of geothermal steam continued. The lessee in order to acquire the rights herein granted him shall complete the location of mineral claims within ninety days after the termination of the lease for geothermal steam. Any such converted lease or the surface of any mining claim located for geothermal byproducts mineral affecting lands withdrawn or acquired m aid of a function of a Federal department or agency, including the Department of the Interior, shall be subject to such additional terms and conditions as may be prescribed by such department or agency with respect to the additional operations or effects resulting from such conversion upon adequate utilization of the lands for the purpose for which they are administered. (f) Minerals locatable under the mining laws of the United States in lands subject to a geothermal lease issued under the provisions of this Act which are not associated with the geothermal steam and associated geothermal resources of such lands as defined in section 2(c) herein shall be locatable under said mining laws in accordance with the principles of the Multiple Mineral Development Act (68 Stat. 708; found in 30 U.S.C. 521 et seq.). SEC. 7. A geothermal lease shall embrace a reasonably compact area of not more than two thousand five hundred and sixty acres, except where a departure therefrom is occasioned by an irregular subdivision or subdivisions. No person, association, or corporation, except as otherwise provided in this Act, shall take, hold, own, or control at one time, whether acquired directly from the Secretary under this Act or otherwise, any direct or indirect interest in Federal geothermal leases in any one State exceeding twenty thousand four hundred and eighty acres, including leases acquired under the provisions of section 4 of this Act. At any time after fifteen years from the effective date of this Act the Secretary, after public hearings, may increase this maximum holding in any one State by regulation, not to exceed fifty-one thousand two hundred acres. SEC. 8. (a) The Secretary may readjust the terms and conditions, except as otherwise provided herein, of any geothermal lease issued under this Act at not less than ten-year intervals beginning ten years after the date the geothermal steam is produced, as determined by the Secretary. Each geothermal lease issued under this Act shall provide for such readjustment. The Secretary shall give notice of any proposed readjustment of terms and conditions, and, unless the lessee files with the Secretary objection to the proposed terms or relinquishes the lease within thirty days after receipt of such notice, the lessee shall conclusively be deemed to have agreed with such terms and conditions. If the lessee files objections, and no agreement can be reached between the Secretary and the lessee within a period of not less than sixty days, the lease may be terminated by either party. (b) The Secretary may readjust the rentals and royalties of any geothermal lease issued under this Act at not less than twenty-year intervals beginning thirty-five years after the date geothermal steam is produced, as determined by the Secretary. In the event of any such readjustment neither the rental nor royalty may be increased by more than 50 per centum over the rental or royalty paid during the preceding period, and in no event shall the royalty payable exceed 221/^ per centum. Each geothermal lease issue under this Act shall provide

61 Stat. 9 1 3.

L e a s e s, acreage.

Limitation.

Increase.

Readjustment.

Notice,

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 1570 Notice.

Byproducts.

Relinquishment,

Suspension.

Leases,termination. Notice,

PUBLIC LAW 91-581-DEC. 24, 1970

[84 STAT.

for such readjustment. The Secretary shall give notice of any proposed readjustment of rentals and royalties, and, unless the lessee files with the Secretary objection to the proposed rentals and royalties or relinquishes the lease within thirty days after receipt of such notice, the lessee shall conclusively be deemed to have agreed with such terms and conditions. If the lessee files objections, and no agreement can be reached between the Secretary and the lessee within a period of not less than sixty days, the lease may be terminated by either party. (c) Any readjustment of the terms and conditions as to use, protection, or restoration of the surface of any lease of lands withdrawn or acquired in aid of a function of a Federal department or agency other than the Department of the Interior may be made only upon notice to, and with the approval of, such department or agency. SEC. 9. If the production, use, or conversion of geothermal steam is susceptible of producing a valuable byproduct or byproducts, including commercially demineralized water for beneficial uses in accordance with applicable State water laws, the Secretary shall require substantial beneficial production or use thereof unless, in individual circumstances he modifies or waives this requirement in the interest of conservation of natural resources or for other reasons satisfactory to him. However, the production or use of such byproducts shall be subject to the rights of the holders of preexisting leases, claims, or permits covering the same land or the same minerals, if any. SEC. 10. The holder of any geothermal lease at any time may make and file in the appropriate land office a written relinquishment of all rights under such lease or of any legal subdivision of the area covered by such lease. Such relinquishment shall be effective as of the date of its filing. Thereupon the lessee shall be released of all obligations thereafter accruing under said lease with respect to the lands relinquished, but no such relinquishment shall release such lessee, or his surety or bond, from any liability for breach of any obligation of the lease, other than an obligation to drill, accrued at the date of the relinquishment, or from the continued obligation, in accordance with the applicable lease terms and regulations, (1) to make payment of all accrued rentals and royalties, (2) to place all wells on the relinquished lands in condition for suspension or abandonment, and (3) to protect or restore substantially the surface and surface resources. SEC. 11. The Secretary, upon application by the lessee, may authorize the lessee to suspend operations and production on a producing lease and he may, on his own motion, in the interest of conservation suspend operations on any lease but in either case he may extend the lease term for the period of any suspension, and he may waive, suspend, or reduce the rental or royalty required in such lease. SEC. 12. Leases may be terminated by the Secretary for any violation of the regulations or lease terms after thirty days notice provided that such violation is not corrected within the notice period, or in the event the violation is such that it cannot be corrected within the notice period then provided that lessee has not commenced in good faith within said notice period to correct such violation and thereafter to proceed diligently to correct such violation. Lessee shall be entitled to a hearing on the matter of such claimed violation or proposed termination of lease if request for a hearing is made to the Secretary within the thirty-day period after notice. The period for correction of violation or commencement to correct such violation of regulations or of lease terms, as aforesaid, shall be extended to thirty days after the Secretary's decision after such hearing if the Secretary shall find that a violation exists. SEC. 13. The Secretary may waive, suspend, or reduce the rental or royalty for any lease or portion thereof in the interests of conservation and to encourage the greatest ultimate recovery of geothermal

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 84 STAT. ]

PUBLIC LAW 91-581-DEC. 24, 1970

resources, if he determines that this is necessary to promote development or that the lease cannot be successfully operated under the lease terms. SEC. 14. Subject to the other provisions of this Act, a lessee shall be entitled to use so much of the surface of the land covered by his geothermal lease as may be found by the Secretary to be necessary for the production, utilization, and conservation of geothermal resources. SEC. 15. (a) Geothermal leases for lands withdrawn or acquired in aid of functions of the Department of the Interior may be issued only under such terms and conditions as the Secretary may prescribe to insure adequate utilization of the lands for the purposes for which they were withdrawn or acquired. (b) Geothermal leases for lands withdrawn or acquired in aid of functions of the Department of Agriculture may be issued only with the consent of, and subject to such terms and conditions as msij be prescribed by, the head of that Department to insure adequate utilization of the lands for the purposes for which they were withdrawn or acquired. Geothermal leases for lands to which section 24 of the Federal Power Act, as amended (16 U.S.C. 818), is applicable, may be issued only with the consent of, and subject to, such terms and conditions as the Federal Power Commission may prescribe to insure adequate utilization of such lands for power and related purposes. (c) Geothermal leases under this Act shall not be issued for lands administered in accordance with (1) the Act of August 25, 1916 (39 Stat. 535), as amended or supplemented, (2) for lands within a national recreation area, (3) for lands in a fish hatchery administered by the Secretary, wildlife refuge, wildlife range, game range, wildlife management area, waterfowl production area, or for lands acquired or reserved for the protection and conservation of fish and wildlife that are threatened with extinction, (4) for tribally or individually owned Indian trust or restricted lands, within or without the boundaries of Indian reservations. SEC. 16. Leases under this Act may be issued only to citizens of the United States, associations of such citizens, corporations organized under the laws of the United States or of any State or the District of Columbia, or governmental units, including, without limitation, municipalities. SEC. 17. Administration of this Act shall be under the principles of multiple use of lands and resources, and geothermal leases shall, insofar as feasible, allow for coexistence of other leases of the same lands for deposits of minerals under the laws applicable to them, for the location and production of claims under the mining laws, and for other uses of the areas covered by them. Operations under such other leases or for such other uses, however, shall not unreasonably interfere with or endanger operations under any lease issued pursuant to this Act, nor shall operations under leases so issued unreasonably interfere with or endanger operations under any lease, license, claim, or permit issued pursuant to the provisions of any other Act. SEC. 18. For the purpose of properly conserving the natural resources of any geothermal pool, field, or like area, or any part thereof, lessees thereof and their representatives may unite with each other, or jointly or separately with others, in collectively adopting and operating under a cooperative or unit plan of development or operation of such pool, field, or like area, or any part thereof, whenever this is determined and certified by the Secretary to be necessary or advisable in the public interest. The Secretary may in his discretion and with the consent of the holders of leases involved, establish, alter, change, revoke, and make such regulations with reference to such leases in connection with the institution and operation of any such cooperative or unit plan as he may deem necessary or proper to secure reasonable protection of the 47-348 0 - 7 2 - 1 6 (Pt. 2)

1571

^g^"'^^''' ^^"'^'

62^stft?275!^^'

i^ use 1.

Lessees, citi^en^!*^^ require-

u„^°„°^^^"^ "^

unit p l a n.

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Page:United States Statutes at Large Volume 84 Part 2.djvu/242

 1572

Information, availability.

Moneys.

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

PUBLIC LAW 91-581-DEC. 24, 1970

[84 STAT.

public interest. He may include in geothermal leases a provision requiring the lessee to operate under such a reasonable cooperative or unit plan, and he may prescribe such a plan under which such lessee shall operate, which shall adec[uately protect the rights of all parties in interest, including the United States. Any such plan may, in the discretion of the Secretary, provide for vesting in the Secretary or any other person, committee, or Federal or State agency designated therein, authority to alter or modify from time to time the rate of prospecting and development and the quantity and rate of production under such plan. All leases operated under any such plan approved or prescribed by the Secretary shall be excepted in determining holdings or control for the purposes of section 7 of this Act. When separate tracts cannot be independently developed and operated in conformity with an established well-spacing or development program, any lease, or a portion thereof, may be pooled with other lands, whether or not owned by the United States, under a communitization or drilling agreement providing for an apportionment of production or royalties among the separate tracts of land comprising the drilling or spacing unit when determined by the Secretary to be in the public interest, and operations or production pursuant to such an agreement shall be deemed to be operations or production as to each lease committed thereto. The Secretary is hereby authorized, on such conditions as he may prescribe, to approve operating, drilling, or development contracte made by one or more lessees of ^eothermal leases,, with one or more persons, associations, or corporations whenever, in his discretion, the conservation of natural products or the public convenience or necessity may require or the interests of the United States may be best served thereby. All leases operated under such approved operating, drilling, or development contracts, and interests thereunder, shall be excepted in determining holdings or control under section 7 of this Act. SEC. 19. Upon request of the Secretary, other Federal departments and agencies shall furnish him with any relevant data then in their possession or knowledge concerning or having bearing upon fair and adequate charges to be made for geothermal steam produced or to be produced for conversion to electric power or other purposes. Data given to any department or agency as confidential under law shall not be furnished in any fashion which identifies or tends to identify the business entity whose activities are the subject of such data or the person or persons who furnished such information. SEC. 20. All moneys received under this Act from public lands under the jurisdiction of the Secretary shall be disposed of in the same manner as moneys received from the sale of public lands. Moneys received under this Act from other lands shall be disposed of in the same manner as other receipts from such lands. SEC. 21. (a) Within one hundred and twenty days after the effective date of this Act, the Secretary shall cause to be published in the Federal Register a determination of all lands which were included within any known geothermal resources area on the effective date of the Act, He shall likewise publish in the Federal Register from time to time his determination of other known geothermal resources areas specifying in each case the date the lands were included in such area; and (b) Geothermal resources in lands the surface of which has passed from Federal ownership but in which the minerals have been reserved to the United States shall not be developed or produced except under geothermal leases made pursuant to this Act. If the Secretary of the Interior finds that such development is imminent, or that production from a well heretofore drilled on such lands is imminent, he shall so report to the Attorney General, and the Attorney General is authorized

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 84 STAT. ]

PUBLIC LAW 91-581-DEC. 24, 1970

1573

and directed to institute an appropriate proceeding in the United States district court of the district in which such lands are located, to quiet the title of the United States in such resources, and if the court determines that the reservation of minerals to the United States in the lands involved included the geothermal resources, to enjoin their production otherwise than under the terms of this Act: Provided, That upon an authoritative judicial determination that Federal mineral reservation does not include geothermal steam and associated geothermal resources the duties of the Secretary of the Interior to report and of the Attorney General to institute proceedings, as hereinbefore set forth, shall cease. SEC. 22. Nothing in this Act shall constitute an express or implied claim or denial on the part of the Federal Government as to its exemption from State water laws. SEC. 23. (a) All leases under this Act shall be subject to the condi- ^J^^^^' P--^^^"tion that the lessee will, in conducting his exploration, development, and producing operations, use all reasonable precautions to prevent waste of geothermal steam and associated geothermal resources developed in the lands leased. (b) Rights to develop and utilize geothermal steam and associated geothermal resources underlying lands owned by the United States may be acquired solely in accordance with the provisions of this Act. SEC. 24. The Secretary shall prescribe such rules and regulations as j^^^lf/ ^""^ '^^^"' he may deem appropriate to carry out the provisions of this Act. Such regulations may include, without limitation, provisions for (a) the prevention of waste, (b) development and conservation of geothermal and other natural resources, (c) the protection of the public interest, (d) assignment, segregation, extension of terms, relinquishment of leases, development contracts, unitization, pooling, and drilling agreements, (e) compensatory royalty agreements, suspension of operations or production, and suspension or reduction of rentals or royalties, (f) the filing of surety bonds to assure compliance with the terms of the lease and to protect surface use and resources, (g) use of the surface by a lessee of the lands embraced in his lease, (h) the maintenance by the lessee of an active development program, and (i) protection of water quality and other environmental qualities. SEC. 25. As to any land subject to geothermal leasing under section 3 of this Act, all laws which either (a) provide for the disposal of land by patent or other form of conveyance or by grant or by operation of law subject to a reservation of any mineral or (b) prevent or restrict the disposal of such land because of the mineral character of the land, shall hereafter be deemed to embrace geothermal steam and associated geothermal resources as a substance which either must be reserved or must prevent or restrict the disposal of such land, as the case may be. This section shall not be construed to affect grants, patents, or other forms of conveyances made prior to the date of enactment of this Act. SEC. 26. The first two clauses in section 11 of the Act of August 13, 1954 (68 Stat. 708, 716), are amended to read as follows: 3o use 530. "As used in this Act, 'mineral leasing laws' shall mean the Act of February 25, 1920 (41 Stat. 437); the Act of April 17, 1926 (44 Stat, ^o use isi. 301); the Act of February 7, 1927 (44 Stat. 1057); Geothermal Steam ^° "f^ 271. Act of 1970, and all Acts heretofore or hereafter enacted which are 30 USC 281. " "''^ " ' amendatory of or supplementary to any of the foregoing Acts; 'Leasing Act mmerals' shall mean all minerals which, upon the effective date of this Act, are provided in the mineral leasing laws to be disposed of thereunder and all geothermal steam and associated geothermal resources which, upon the effective date of the Geothermal Steam Act of 1970, are provided in that Act to be disposed of thereunder;".

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 1574 Certain mineral rights, retention by U.S.

PUBLIC LAW 91-582-DEC. 24, 1970

[84 STAT.

SEC. 27. The United States reserves the ownership of and the right to extract under such rules and regulations as the Secretary may prescribe oil, hydrocarbon gas, and helium from all geothermal steam and associated geothermal resources produced from lands leased under this Act in accordance with presently applicable laws: Provided, That whenever the right to extract oil, hydrocarbon gas, and helium from geothermal steam and associated geothermal resources produced from such lands is exercised pursuant to this section, it shall be exercised so as to cause no substantial interference with the production of geothermal steam and associated geothermal resources from such lands. Approved December 24, 1970.

Public Law 91-582 December 24, 1970 [H. R. 8663]

Navy. Supply Corps and Civil Engineer Corps, former officers. 82 Stat. 852.

AN ACT To amend the Act of September 20, 1968 (Public Law 90-502), to provide relief to certain former officers of the Supply Corps and Civil Engineers Corps of the Navy.

Be it enacted by the Senate und Souse of Representatives of the United States of America in Congress assembled, That subsection (a) of section 6388 of title 10, United States Code, is amended by adding the following after the last sentence: "The provisions of this subsection are effective as of August 7, 1947.". SEC. 2. Notwithstanding any other provision of law, a former officer of the Navy in the Supply Corps and Civil Engineer Corps who is considered to have twice failed of selection for promotion to either the grade of lieutenant commander or the grade of lieutenant and who was discharged prior to September 20, 1968, is entitled to be credited with his total commissioned service in determining the amount of his severance pay and to submit a claim for payment prior to September 20, 1973, for any diminution thereof through a failure to be credited for prior service as an officer in the line. Approved December 24, 1970,

Public Law 91-583 December 24, 1970 [S. 528]

William " B i l l " Dannelly Reservoir, Ala. Designation.

AN ACT To provide that the reservoir formed by the lock and dam referred to as the "Millers Ferry lock and dam" on the Alabama River, Alabama, shall hereafter be known as the William "Bill" Dannelly Reservoir.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in honor of late Probate Judge William "BilP' Dannelly of Wilcox County, Alabama, and in recognition of his long and outstanding service to his county, State, and Nation, and his leadership in the modernization of the Alabama-Coosa Waterway, the reservoir formed by the Millers Ferry lock and dam on the Alabama River, Alabama, shall hereafter be known and designated as the William "Bill" Dannelly Reservoir. Any law, regulation, map, or record of the United States in which such reservoir is referred to shall be held and considered to refer to such reservoir by the name of the William "Bill" Dannelly Reservoir. Approved December 24, 1970.

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1575

PUBLIC LAW 91-584-DEC. 24, 1970

Public Law 91-584 AN ACT To authorize educational assistance to wives and children, and home loan benefits to wives, of members of the Armed Forces who are missing in action, captured by a hostile force, or interned by a foreign government or power; and to further amend certain educational sections of title 38, United States Code.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 1701 (a)(1) of title 38, United States Code, is amended by— (1) striking out the word "or" at the end of subclause (i) of clause (A); (2) inserting "or" after the comma at the end of subclause (ii) of clause (A); (3) inserting a new subclause (iii) at the end of clause (A) to read as follows: "(iii) at the time of application for benefits under this chapter is a member of the Armed Forces serving on active duty listed, pursuant to section 556 of title 37, United States Code, and regulations issued thereunder by the Secretary concerned in one or more of the following categories and has been so listed for a total of more than ninety days: (A) missing in action, (B) captured in line of duty by a hostile force, or (C) forcibly detained or interned in Ime of duty by a foreign government or powder,"; (4) striking out the word " o r ' at the end of clause " (B) "; (5) redesignating clause " (C) " as clause " (D) "; and (6) inserting a new clause " (C) " to read as follows: " (C) the wife of any member of the Armed Forces serving on active duty who, at the time of application for benefits under this chapter is listed, pursuant to section 556 of title 37, United States Code, and regulations issued thereunder, by the Secretary concerned in one or more of the following categories and has been so listed for a total of more than ninety days: (i) missing in action (ii) captured in line of duty by a hostile force, or (iii) forcibly detained or interned in line of duty by a foreign government or power, or". SEC. 2. Section 1711(b) of title 38, United States Code, is amended by— (1) striking out the word "or" at the end of paragraph (1); (2) redesignating paragraph " (2) " as paragraph " (3) "; and (3) inserting a new paragraph (2) to read as follows: " (2) the parent or spouse from whom eligibility is derived based upon the provisions of section 1701(a)(1)(A) (iii) or 1701(a)(1)(C) of this title is no longer listed in one of the categories specified therein, or"; and (4) striking out "1701(a)(1)(C) " in redesignated paragraph (3) and inserting in lieu thereof "1701 (a)(1)(D) ". SEC. 3. Section 1712 of title 38, United States Code, is amended by— (1) striking out "1701(a)(1)(B) or (C) " in subsection (b) and inserting in lieu thereof "1701(a) ^1)(B) or (D) "; and (2) adding at the end thereof the following new subsections: " (f) No person made eligible by section 1701(a)(1)(C) of this title may be afforded educational assistance under this chapter beyond eight years after the date on which her spouse was listed by the Secretary concerned in one of the categories referred to in such section or the date of enactment of this subsection, whichever last occurs. " (g) Any entitlement used by any eligible person as a result of eligibility under the provisions of section 1701(a)(1)(A) (iii) or 1701

December 24, 1970 [S.3785]

Armed Forces. Certain depende n t s, education and home loan benefits. 82 Stat. 1332.

80 Stat. 629.

82 Stat. 1332.

Supra,

72 Stat. 1194; 82 Stat. 1333; Ante, p. 83.

Supra.

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Page:United States Statutes at Large Volume 84 Part 2.djvu/246

 1576 Ante, p. 1575.

Educational counseling. 82 Stat. 1333. 72 Stat. 1203. "Veteran." 80 Stat. 629.

Basic entitlement, 72 Stat. 1203. Supra.

Educational assistance allowance, 80 Stat. 17. Apprenticeship, Ante, p. 77.

Course measurement* Post, p. 1577.

PUBLIC LAW 91-584-DEC. 24, 1970

[84 STAT.

(a)(1)(C) of this title shall be deducted from any entitlement to which he may subsequently become entitled under the provisions of this chapter." SEC. 4. Section 1720(b) of title 38, United States Code, is amended by striking out "section 1701(a)(1)(B) or (C) " and inserting in lieu of thereof "section 1701(a)(1)(B), (C), or (D) ". SEC. 5. (a) Section 1801(a) of title 38, tjnited States Code, is amended by adding a new paragraph as follows: "(3) The term 'veteran' also mcludes, for purposes of home loans, the wife of any member of the Armed Forces serving on active duty who is listed, pursuant to section 556 of title 37, United States Code, and regulations issued thereunder, by the Secretary concerned in one or more of the following categories and has been so listed for a total of more than ninety days: (A) missing in action, (B) captured in line of duty by a hostile force, or (C) forcibly detained or interned in line of duty by a foreign government or power. The active duty of her husband shall be deemed to have been active duty by such wife for the purposes of this chapter. The loan eligibility of such wife under this paragraph shall be limited to one loan guaranteed or made for the acquisition of a home, and entitlement to such loan shall terminate automatically, if not used, upon receipt by such wife of official notice that her husband is no longer listed in one of the categories specified in the first sentence of this paragraph." (b) Section 1802 of such title is amended by adding at the end thereof a new subsection as follows: " (g) A veteran's entitlement under this chapter shall not be reduced hj any entitlement used by his wife which was based upon the provisions of paragraph (3) of section 1801(a) of this title." SEC. 6. Section 1681(b)(2) of title 38, United States Code, is amended by inserting immediately after "degree" the following: " (excluding programs of apprenticeship and programs of other on-job training authorized by section 1683 of this title)". SEC. 7. Section 1683(b) of title 38, United States Code, is amended by(1) striking out " (b) " and inserting in lieu thereof " (b)(1) "; and (2) adding a new paragraph (2) to read as follows: " (2) I n any month in which an eligible veteran pursuing a program of apprenticeship or a program of other on-job training fails to complete one hundred and twenty hours of training in such month, the monthly training assistance allowance set forth in subsection (b)(1) of this section shall be reduced proportionately in the proportion that the number of hours worked bears to one hundred and twenty hours rounded off to the nearest eight hours." SEC. 8. Section 1684(a) of title 38, United States Code, is amended by(1) striking out "and" after the semicolon m clause (3); (2) striking out the period at the end of clause (4) and inserting in lieu thereof "; and"; and (3) adding at the end thereof a new clause (5) to read as follows: "(5) a program of apprenticeship or a program of other on-job training shall be considered a full-time program when the eligible veteran is required to work the number of hours constituting the standard workweek of the training establishment, but a workweek of less than thirty hours shall not be considered to constitute fulltime training unless a lesser number of hours has been established

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 84

STAT.]

PUBLIC LAW 91-584-DEC. 24, 1970

1577

as the standard workweek for the particular establishment through bona fide collective bargaining." SEC. 9. Paragraph (1) of section 1682(c) of title 38, United States Code, is amended by inserting immediately before the last sentence f Stat. is. ^ thereof the following: "The term 'established charge' as used herein charge." means the charge for the course or courses determined on the basis of the lowest extended time payment plan offered by the institution and approved by the appropriate State approving agency or the actual cost to the eligible veteran, whichever is the lesser," SEC. 10. Section 1652 of title 38, United States Code, is amended by— Ante, p. 78. (1) striking out "at least two years" in subsection (a)(2) and inserting in lieu thereof "more than one hundred and eighty days"; and (2) by adding at the end of subsection (b) a new sentence as follows: "Such term also means any unit course or subject, or combination of courses or subjects, pursued by an eligible veteran at an educational institution, required by the Administrator of the Small Business Administration as a condition to obtaining financial assistance under the provisions of 402(a) of the Economic Opportunity Act of 1964 (42 U.S.C. 2902(a))." 78 Stat. 526; SEC. 11. (a) Clause (4) of section 1684(a) of title 38, United States ^^o'urse^ie;sureCode, is amended to read as follows: ment. "(4) an institutional undergraduate course offered by a college '^"'®' ^' ^^' or university on a quarter- or semester-hour basis shall be considered a full-time course when a minimum of fourteen semester hours or the equivalent thereof, for which credit is granted toward a standard college degree (including those for which no credit is granted but which are rec[uired to be taken to correct an educational deficiency), is required, except that where such college or university certifies, upon the request of the Administrator, that (A) full-time tuition is charged to all undergraduate students carrying a minimum of less than fourteen such semester hours or the equivalent thereof, or (B) all undergraduate students carrying a minimum of less than fourteen such semester hours or the equivalent thereof, are considered to be pursuing a full-time course for other administrative purposes, then such an institutional undergraduate course offered by such college or university with such minimum number of such semester hours shall be considered a full-time course, but in the event such minimum number of semester hours is less than twelve semester hours or the equivalent thereof, then twelve semester hours or the equivalent thereof shall be considered a full-time course." (b) The last sentence of section 1684(a) of such title is repealed. Repeal. SEC. 12. Clause (3) of section 1733(a) of title 38, United States Code, is amended to read as follows: "(3) an institutional undergrad- lin (e, p. 82, uate course offered by a college or university on a quarter- or semesterhour basis shall be considered a full-time course when a minimum of fourteen semester hours or the equivalent thereof, for which credit is granted toward a standard college degree (including those for which no credit is granted but which are required to be taken to correct an educational deficiency), is required except that where such college or university certifies, upon the request of the Administrator, that (A) full-time tuition is charged to all undergraduate students carrying a minimum of less than fourteen such semester hours or the equivalent thereof, or (B) all undergraduate students carrying a minimum of less than fourteen such semester hours or the equivalent thereof, are considered to be pursuing a full-time course for other administrative pur-

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 1578

A w a r d s, effective date. Ante, p. 790.

PUBLIC LAW 91-585-DEC. 24, 1970

[84

STAT.

poses, then such an institutional undergraduate course offered by such college or university with such minimum number of such semester hours shall be considered a full-time course, but in the event such minimum number of semester hours is less than twelve semester hours or the equivalent thereof, then twelve semester hours or the equivalent thereof shall be considered a full-time course." SEC. 13. Section 3010 of title 38, United States Code, is amended by adding at the end thereof a new subsection as follows: " (n) The effective date of the award of any benefit or any increase therein by reason of marriage or the birth or adoption of a child shall be the date of such event if proof of such event is received by the Veterans' Administration within one year from the date of the marriage, birth, or adoption." Approved December 24, 1970.

Public Law 91-585 December 24, 1970 [S. 1500]

Newt Graham lock and dam. Newt Graham Lake. Designation. 60 Stat. 6 3 4, 6 3 5.

AN ACT To name the authorized lock and dam numbered 18 on the Verdigris River in Oklahoma and the lake created thereby for Newt Graham.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That lock and dam numbered 18 on the Verdigris River, Oklahoma, a feature of the Arkansas River and tributaries navigation project, authorized to be constructed by the River and Harbor Act of July 24, 1946 (60 Stat. 641, 647), as amended, shall be known and designated hereafter as the Newt Graham lock and dam, and the lake created thereby as the Newt Graham Lake. Any law, r e f l a t i o n, map, document, record, or other paper of the United States in which such lock and dam and lake are referred shall be held to refer to such lock and dam as the Newt Graham lock and dam, and the lake as the Newt Graham Lake. Approved December 24, 1970.

Public Law 91-586 December 24, 1970

[H.R. 18012]

Foreign Service Buildings Act, 1926, amendment. 80 Stat. 8 8 1; 82 Stat. 4 6 1.

AN

ACT

To amend the Foreign Service Buildings Act, 1926, to authorize additional appropriations.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That section 4(f) (2) of the Foreign Service Buildings Act, 1926 (22 U.S.C. 295 (f)(2)), is amended— (1) by striking out "and" and inserting in lieu thereof a comma; and (2) by inserting immediately before the period at the end thereof a comma and the following: "not to exceed $15,000,000 for the fiscal year 1972, and not to exceed $15,900,000 for the fiscal year 1973". Approved December 24, 1970.

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PUBLIC LAW 91-587-DEC. 24, 1970

1579

Public Law 91-587 AN ACT December 24, 1970 To modify and enlarge the authority of Gallaudet College to maintain and oper[s. 4083] ate the Kendall School as a demonstration elementary school for the deaf to serve primarily the National Capital region, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That for the purpose „2^l^^^^^^ of providing day and residential facilities for elementary education Kenda'u school, for persons who are deaf in order to prepare them for high school and maintenance and other secondary study, and to provide an exemplary educational pro- °P^'"^**°'^* gram to stimulate the development of similar excellent programs throughout the Nation, the directors of Gallaudet College are authorized to maintain and operate Kendall School as a demonstration elementary school for the deaf, to serve primarily residents of the National Capital region. SEC. 2. As used in this Act— Definitions. (a) The term "elementary school" means a school which provides education for deaf children from the a^e of onset of deafness to age fifteen, inclusive, but not beyond the eighth grade or its equivalent. (b) The term "construction" includes construction and initial equipment of new buildings, and expansion, remodeling, and alteration of existing buildings and equipment thereof, including architect'services, but excluding off-site improvements. AUTHORIZATION OF APPROPRIATIONS

SEC. 3. (a) There are authorized to be appropriated for each fiscal year such sums as may be necessary for the establishment and operation, including construction and equipment, of the demonstration elementary school provided for in section 1. (b) Federal funds appropriated for the benefit of the school shall be used only for the purposes for which paid and in accordance with the applicable provisions of this Act. SEC. 4. In the design and construction of any facilities, maximum attention shall be given to excellence of architecture and design, works of art, and innovative auditory and visual devices and installations appropriate for educational functions of such facilities. REPEAL o r EXISTING STATUTES

SEC. 5. (a) The second proviso of the first paragraph under the heading "COLUMBIA INSTITUTION FOR THE DEAF AND D U M B " of the first section of the Act of March 2, 1889 (D.C. Code, sec. 31-1010), is repealed. (b) The proviso and the last sentence in the paragraph having a side heading "COLUMBIA INSTITUTION FOR THE DEAF AND D U M B " in the first section of the Act of March 1, 1901 (D.C. Code, sec. 31-1008), is repealed. (c) The last sentence under the heading "COLUMBIA INSTITUTION

25 Stat. 962.

^i Stat. 844.

FOR THE DEAF AND D U M B " in the first section of the Act of March 3, 33 Stat. 901. 1905 (D.C. Code, sec. 31-1011), is repealed. (d) The last sentence of the first paragraph under the heading "COLUMBIA INSTITUTION FOR THE DEAF AND D U M B " in the first section of the Act of June 27, 1906 (D.C. Code, sec. 31-1011), is repealed. 34 Stat. 503. (e) The Act of November 7, 1966 (D.C. Code, sec. 31-lOlOa), and ^o Stat. 1399. each subsequent Act making appropriations for Gallaudet College, are amended by striking out the proviso under the heading "Gallaudet College, Salaries and Expenses" in each such Act. Approved December 24, 1970.

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 1580

PUBLIC LAW 91-588-DEC. 24, 1970

[84 STAT.

Public Law 91-588 December 24, 1970 [H.R. 1 5 9 t l ]

Veterans' pensions. Income limitations. 82 Stat. 6 4.

AN ACT To amend title 38 of the United States Code to increase the rates, income limitations, and aid and attendance allowances relating to payment of pension and parents' dependency and indemnity compensation; to exclude certain payments in determining annual income with respect to such pension and compensation; to make the Mexican border period a period of war for the purposes of such title; and for other purposes.

Be It enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That (a) the table in subsection (b) of section 521 of title 38, United States Code, is amended to appear as follows: "Column 1

Column II

Annual income More than— but

Equal to or less than— $300

$300

400 500 600 700 800 900

1,000 1,100 1,200 1,300 1,400 1,500 1,600 1,700 1,800 1,900 2,000 2,100 2,200

Veterans with dependents.

$121

400 500 600 700 800 900

119 117 115 112 108 104 100 96 92 88 84 79 75 69 63 57 51 45 37

1,000 1,100 1,200 1,300 1,400 1,500 1,600 1,700 1,800 1,900 2,000 2,100 2,200 2,300

29".

(b) The table in subsection (c) of such section 521 is amended to appear as follows: "Column 1

Column II

Column III

Column IV

Two

Three or more dependents

Annual income More than—

One

$500

600 700 800 900

1,000 1,100 1,200 1,300 1,400 1,500 1,600 1,700 1,800 1,900 2,000 2,100 2,200 2,300 2,400 2,500 2,600 2,700 2,800 2,900 3,000 3,100 3,200 3,300 3,400

dependent

dependents

$500

but

Equal to or less than—

$132

$137

$142

600 700 800 900

130 128 126 124 122 119 116 113 110 107 104 101 99 96 93 90 87 84 81 78 75 72 69 66 62 58 54 50 42 34

135 133 131 129 127 119 116 113 110 107 104 101 99 96 93 90 87 84 81 78 75 72 69 66 62 58 54 50 42 34

140 138 136 134 132 119 116 113 110 107 104 101 99 96 93 90 87 84 81 78 75 72 69 66 62 58 54 50 42

1,000 1,100 1,200 1,300 1,400 1,500 1,600 1,700 1,800 1,900 2,000 2,100 2,200 2,300 2,400 2,500 2,600 2,700 2,800 2,900 3,000 3,100 3,200 3,300 3,400 3,500

34".

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 84 STAT. ]

PUBLIC LAW 91-588-DEC. 24, 1970

(c) The table in subsection (b) of section 541 of title 38, United States Code, is amended to appear as follows: "Column 1

1581 ^'''"^ ^'°"^^2 Stat. es.

Column II

Annual Income More than— but

Equal to or less than— $300

$300

400 500 600 700 800 900

400 500 600 700 800 900

1,000 1,100 1,200 1,300 1,400 1,500 1,600 1.700 1,800 1,900 2,000 2,100 2,200 2,300

1,000 1,100 1,200 1,300 1,400 1,500 1,600 1,700 1,800 1,900 2,000 2,100 2,200

$81 80 79 78 76 73 70 67 64 61 58 55 51 48 45 41 37 33 29 23

17".

(d) The table in subsection (c) of such section 541 is amended to appear as follows: Column II

"Column 1 Annual Income More than— but

Equal to or less than— $600

$600

70O 800 900

1,000 1,100 1,200 1,300 1,400 1,500 1,600 1,700 1,800 1,900 2,000 2,100 2,200 2,300 2,400 2,500 2,600 2,700 2,800 2,900 3,000 3,100 3,200 3,300 3,400

700 800 900

1,000 1,100 1,200 1,300 1,400 1,500 1,600 1,700 1,800 1,900 2,000 2,100 2,200 2,300 2,400 2,500 2,600 2,700 2,800 2,900 3,000 3,100 3,200 3,300 3,400 3,500

$99 98 97 96 95 94 92 90 88 86 84 82 80 78 76 74 72 70 68 66 64 62 59 56 53 51 48 45 43

41".

Widow with on«; child.

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 1582

PUBLIC LAW 91-588-DEC. 24, 1970

[84 STAT.

pendency'and' SEC. 2. (a) The table in subsection (b)(1) of section 415 of title 38, indemnity c ompen- United States Codo, is amended to appear as follows: sation. 82 Stat. 6 6. Column II

"Column 1 Total annual income More than— but

Equal to or less than— $800

$800

900

1,000 1,100 1,200 1,300 1,400 1,500 1,600 1,700 1,800 1,900 2,000 2,100 2,200 2,300

900

1,000 1,100 1,200 1.300 1,400 1,500 1,600 1,700 1,800 1,900 2,000 2,100 2,200

$96 94 91 87 81 75 69 62 54 46 38 31 25 18 12

10".

(b) The table in subsection (c) of such section 415 is amended to appear as follows: "Column 1

Column II

Total annual income More than— but

Equal to or less than— $800

$800

900

1,000 1,100 1,200 1.300 1,400 1,500 1,600 1,700 1,800 1,900 2,000 2,100 2,200

900

1,000 1,100 1,200 1,300 1,400 1,500 1,600 1,700 1,800 1,900 2,000 2,100 2,200 2,300

$66 64 61 58 54 50 46 41 35 29 23 20 16 14 12

10".

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 84 STAT. ]

PUBLIC LAW 91-588-DEC. 24, 1970

1583

(c) The table in subsection (d) of such section 415 is amended to 82 Stat. 67. appear as follows: "Column 1

Column II

Total combined annual Income More than—

$1,000 1,100 1,200 1,300 1,400 1,500 1,600 1,700 1,800 1,900 2,000 2,100 2,200 2,300 2,400 2,500 2,600 2,700 2,800 2,900 3,000 3,100 3,200 3,300 3,400

but

Equal to or less than— $1,000 1,100 1,200 1,300 1,400 1,500 1,600 1,700 1,800 1,900 2,000 2,100 2,200 2,300 2,400 2,500 2,600 2,700 2,800 2,900 3,000 3,100 3,200 3,300 3,400 3,500

$64 62 60 58 56 54 52 49 46 44 42 40 38 35 33 31 29 27 25 23 21 19 17 14 12 10".

(d) Subsection (e) of such section 415 is amended by inserting 72 Stat. 1130. immediately preceding the word "file" in the first sentence thereof the following text: ", other than one who has attained seventy-two years of age and has been paid dependency and indemnity compensation during two consecutive calendar years,". SEC. 3. (a) Sections 322(b), 411(c), and 544 of title 38, United 83 States Code, are each amended by striking out "$50" and inserting in 145. Stat. 146, lieu thereof "$55". 81 Stat. 180. (b)(1) Subsection (d) of section 521 of such title is amended by 73 Stat. 434; 78 Stat. 1095. striking out "$100" and inserting in lieu thereof "$110". (2) Subsection (e) of such section 521 is amended by striking out 81 Stat. 179. "$40" and inserting in lieu thereof "$44". (c) Section 542(c) of such title is amended by striking out "$1,800" 73 Stat. 435. and inserting in lieu thereof "$2,000". Medical treatSEC. 4. Subsection (h) of section 612 of title 38, United States Code, ment, eligibility,, is amended hj adding at the end thereof the following new sentence: 81 Stat. 183. "The Administrator shall continue to furnish such drugs and medicines so ordered to any such veteran in need of regular aid and attendance whose pension payments have been discontinued solely because his annual income is greater than the applicable maximum annual income limitation, but only so long as his annual income does not exceed such maximum annual income limitation by more than $500." SEC. 5. Section 4 of Public Law 90-275 (82 Stat. 68) is amended to Inc o m e limita tions. read as follows: 38 USC 5 2 1 "SEC. 4. The annual income limitations governing payment of pen- note. sion under the first sentence of section 9(b) of the Veterans' Pension Act of 1959 hereafter shall be $1,900 and $3,200, instead of $1,600 and 7 3 Stat. 5436. 38 USC 2 1 $2,900, respectively." note

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 1584 Resource reports. 73 Stat. 433; 78 Stat. 1094. Annual income determinations.

79 Stat. 3 0 1. 42 USC 1395J. 75 Stat, 810. 72 Stat. 1130; 80 Stat, 1158. 73 Stat, 436. 38 USC 521 note.

72 Stat, 1266; 73 Stat. 436. " Period of war." 81 Stat. 181. 72 Stat. 1106, "Mexican border period, "

81 Stat, 182,

PUBLIC LAW 91-588-DEC. 24, 1970

[84 STAT.

SEC. 6. Section 506(a)(2) of title 38, United States Code, is amended by striking out the comma after "child" and inserting in lieu thereof "or a person who has attained seventy-two years of age and has been paid pension thereunder during two consecutive calendar years,". SEC. 7. Section 503 of title 38, United States Code, is amended— (1) by inserting before "United" in paragraph (4) thereof "servicemen's group life insurance,"; (2) by striking out the period at the end of paragraph (13) and inserting in lieu thereof a semicolon; and (3) by adding at the end thereof the following new paragraphs: "(14) amounts equal to prepayments on an indebtedness secured by a mortgage, or similar type security instrument, on real property (which was prior to death the principal residence of a veteran and spouse) made by the veteran or his widow, after the death of the spouse, during the year of death and the succeeding year, if said indebtedness was in existence at the time of death; "(15) amounts in joint accounts in banks and similar institutions acquired by reason of death of other joint owner; "(16) payments received by a retired employee from his former employer as reimbursement for monthly premiums for supplementary medical insurance benefits for the aged provided by part B of title X VIII of the Social Security Act, as amended: "(17) payments of annuities elected under chapter 73 oi title 10." SEC. 8. (a) Section 415(g)(1) of title 38, United States Code, is amended (1) by inserting "and under the first sentence of section 9(b) of the Veterans' Pension Act of 1959" immediately before the semicolon at the end of subparagraph (C), (2) by striking out the period at the end thereof and inserting in lieu thereof a semicolon, and (3) by adding at the end thereof the following new subparagraph: " (M) payments of annuities elected under chapter 73 of title 10." (b) Section 1441 of title 10, United States Code, is amended by striking out "except section 415(g) and chapter 15 of title 38". SEC. 9, (a) Paragraph (11) of section 101 of title 38, United States Code, is amended by inserting "the Mexican border period," immediately after "Spanish-American War,". (b) Such section 101 is further amended by adding at the end thereof the following new paragraph: " (30) The term 'Mexican border period' means the period beginning on May 9, 1916, and ending on April 5, 1917, in the case of a veteran who during such period served for 90 days or more in Mexico, on the borders thereof, or in the waters adjacent thereto." (c)(1) Subsection (a) of section 521 of title 38, United States Code, is amended by inserting "the Mexican border period," immediately before "World W a r I ". (2) Paragraphs (1) and (2) of subsection (g) of such section 521 are each amended by inserting "the Mexican border period," immediately before "World W a r I". (3) The heading of such section 521 is amended by inserting "the Mexican border period," immediately before "World War I". (d)(1) Subsection (a) of section 541 of such title is amended by inserting "the Mexican border period," immediately before "World W a r I". (2) Subsection (e)(1) of such section 541 is amended by inserting "Mexican border period or" immediately before "World W a r I".

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 84 STAT. ]

PUBLIC LAW 91-589-DEC. 24, 1970

(3) The heading of such section 541 and the catchline immediately before such heading are each amended by inserting "Mexican border period/' and "MEXICAN BORDER PERIOD;", respectively, immediately

1585

^^ ^*^'- ^^'^•

before "World War I" and "WORLD WAR I".

(e)(1) Subsection (a) of section 542 of title 38, United States Code, 73 Stat. 435. is amended by inserting "the Mexican border period," immediately before "World W a r I ". (2) The heading of such section 542 is amended by inserting "Mexican border period," immediately before "World War I". (f) Subsection (h) of section 612 of title 38, United States Code, is Ante, p. 1583. amended by inserting "the Mexican border period,", immediately before "World War I,". (g) Section 901 of title 38, United States Code, is amended— 7sltfu5i2^^ (1) by striking out "of Mexican border service," in subsection (a); ancl (2) by amending subsection (c) thereof to read as follows: "(c) For the purpose of this section, the term 'Mexican border period' as defined in paragraph (30) of section 101 of this title includes ^"'*'' P- I584. the period beginning on January 1, 1911, and ending on May 8, 1916.". (h) The table of sections at the beginning of chapter 15 of title 38, United States Code, is amended (1) by inserting "the Mexican border period," immediately after "521. Veterans of''; (2) by striking o u t: " World War I, World War II, the Korean conflict, and the Vietnam era '•.!)41. Widows of World War I, World War II, Korean conflict, or Vietnam era veterans. "542. Children of World War I, World War II, Korean conflict, or Vietnam era veterans." and inserting in lieu the r e o f: "Mexican border period. World War I, World War II, Korean conflict, and the Vietnam era •*541. Widows of Mexican border period. World War I, World War II, Korean conflict, or Vietnam era veterans. "542. Children of Mexican border period. World War I, World War II, Korean conflict, or Vietnam era veterans."

SEC. 10. (a) Sections 1, 2 (a), (b), and (c), 3,4, 5, 6, 7, 8, and 9 shall take effect on January 1, 1971. (b) Sections 2(d) and 6 shall take effect on January 1, 1972. Approved December 24, 1970.

Effective dates.

Public Law 91-589 JOINT RESOLUTION

December 24. 1970

Authorizing the preparation and printing of a revised edition of the Constitution of the United States of America—Analysis and Interpretation, of decennial revised editions thereof, and of biennial cumulative supplements to such revised editions.

[s. j. Res. 236]

Whereas the Constitution of the United States of America—Analysis and Interpretation, published in 1964 as Senate Document Numbered 39, Eighty-eighth Congress, serves a very useful purpose by supplying essential information, not only to the Members of Congress but also to the public at large; Whereas such document contains annotations of cases decided by the Supreme Court of the United States to June 22, 1964; Whereas many cases bearing significantly upon the analysis and interpretation of the Constitution have been decided by the Supreme Court since June 22, 1964;

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 1586

Constitution Annotated. Revised edition, preparation and publication.

Cumulative pocket-part supplements.

Decennial revised edition.

Cumulative pocket-part supplements.

Printing as Senate documents. Additional copies.

PUBLIC LAW 91-589-DEC. 24, 1970

[84 STAT.

Whereas the Congress, in recognition of the usefulness of this type of document, has in the last half century since 1913, ordered the preparation and printing of revised editions of such a document on six occasions at intervals of from ten to fourteen years; and Whereas the continuing usefulness and importance of such a document will be greatly enhanced by revision at shorter intervals on a regular schedule and thus made more readily available to Members and Committees by means of pocket-part supplements: Now, therefore, belt Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the Librarian of Congress shall have prepared— (1) a hardbound revised edition of the Constitution of the United States of America—Analysis and Interpretation, published as Senate Document Numbered 39, Eighty-eighth Congress (referred to hereinafter as the "Constitution Annotated"), which shall contain annotations of decisions of the Supreme Court of the United States through the end of the October 1971 term of the Supreme Court, construing provisions of the Constitution; (2) upon the completion of each of the October 1973, October 1975, October 1977, and October 1979 terms of the Supreme Court, a cumulative pocket-part supplement to the hardbound revised edition of the Constitution Annotated prepared pursuant to clause (1), which shall contain cumulative annotations of all such decisions rendered by the Supreme Court after the end of the October 1971 term; (3) upon the completion of the October 1981 term of the Supreme Court, and upon the completion of each tenth October term of the Supreme Court thereafter, a hardbound decennial revised edition of the Constitution Annotated, which shall contain annotations of all decisions theretofore rendered by the Supreme Court construing provisions of the Constitution; and (4) upon the completion of the October 1983 term of the Supreme Court, and upon the completion of each subsequent October term of the Supreme Court beginning in an odd-numbered year (the final digit of which is not a 1), a cumulative pocket-part supplement to the most recent hardbound decennial revised edition of the Constitution Annotated, which shall contain cumulative annotations of all such decisions rendered by the Supreme Court which were not included in that hardbound decennial revised edition of the Constitution Annotated. SEC. 2. All hardbound revised editions and all cumulative pocketpart supplements shall be printed as Senate documents. SEC. 3. There shall be printed four thousand eight hundred and seventy additional copies of the hardbound revised editions prepared pursuant to clause (1) of the first section and of all cumulative pocketpart supplements thereto, of which two thousand six hundred and thirty-four copies shall be for the use of the House of Representatives, one thousand two hundred and thirty-six copies shall be for the use of the Senate, and one thousand copies shall be for the use of the Joint Committee on Printing. All Members of the Congress, Vice Presidents of the United States, and Delegates and Resident Commissioners, newly elected subsequent to the issuance of the hardbound revised edition prepared pursuant to such clause and prior to the first hardbound decennial revised edition, who did not receive a copy of the edition prepared pursuant to such clause, shall, upon timely request, receive one copy of such edition and the then current cumulative pocket-part supplement and any further supplements thereto. All Members of the Congress, Vice Presidents of the United States, and Delegates and

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 84 STAT. ]

PUBLIC LAW 91-590-DEC. 28, 1970

Resident Commissioners, no longer serving after the issuance of the hardbound revised edition prepared pursuant to such clause and who received such edition, may receive one copy of each cumulative pocketpart supplement thereto upon timely request. SEC. 4. Additional copies of each hardbound decennial revised edition and of the cumulative pocket-part supplements thereto shall be printed and distributed in accordance with the provisions of any concurrent resolution hereafter adopted with respect thereto. SEC. 5. There are authorized to be appropriated such sums, to remain available until expended, as may be necessary to carry out the provisions of this joint resolution. Approved December 24, 1970,

1587

Appropriation.

Public Law 91-590 AN ACT To amend section 303(b) of the Interstate Commerce Act to modernize certain restrictions upon the application and scope of the exemption provided therein, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 303(b) of the Interstate Commerce Act, as amended (49 U.S.C. 903(b)), is amended to read as follows: "(b) Nothing in this part shall apply to the transportation by a water carrier of commodities in bulk when the cargo space of the vessel in which such commodities are transported is being used for the carrying of not more than three such commodities. This subsection shall apply only in the case of commodities in bulk which are (in accordance with the existing custom of the trade in the handling and transportation of such commodities as of June 1, 1939) loaded and carried without wrappers or containers and received and delivered by the carrier without transportation mark or count. The* exemption afforded under this subsection to the transportation by a water carrier of commodities in bulk shall not be lost by the concurrent transportation in the same vessel of other commodities. For the purposes of this subsection two or more vessels while navigated as a unit shall be considered to be a single vessel. This subsection shall not apply to transportation subject, at the time this part takes effect, to the provisions of the Intercoastal Shipping Act, 1933, as amended." SEC. 2. The amendment made by the first section of this Act shall expire at the end of the three-year period beginning on the date of its enactment. The Secretary of Transportation shall undertake a comprehensive study of the present system of economic regulation of dry bulk commodity transportation, including information on amounts actually charged for the movement of dry bulk commodities; of the effect of this Act upon the carriers to whom it applies and upon the shippers of dry bulk commodities; and what changes in the existing regulatory system, if a n j, would be desirable to improve competitive conditions between carriers of different modes whether or not subject to the provisions of the Interstate Commerce Act. The Interstate Commerce Commission and the Secretary of the Army are directed to cooperate fully with the Secretary of Transportation in carrying out the purposes of this Act, and to submit such independent and separate comments and views as those agencies deem appropriate. The Secretary shall transmit the results of such study to the Congress within two years after the date of enactment of this Act. 47-348 O - 72 - 17 (Pt. 2)

December 28, 1970

[H. R. 8298]

ralTcV^ACu ^m^ad. ment. ^'* ^'^*- '^^^^ buTk'commoditie's, exemption,

47 Stat. 1425. 46 USC 848. Study,

Report to Congress.

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 1588

PUBLIC LAW 91-591-DEC. 28, 1970

Reports.

Ante,

p. 1587.

[84 STAT.

SEC. 3. I n carrying out its functions under section 2 of this Act, the Secretary of Transportation may require water carriers operating under the exemption contained in section 303(b) of the Interstate Commerce Act to file such reports containing such information as the Secretary may prescribe. Approved December 28, 1970.

Public Law 91-591 December 28, 1970

[H. R. 19402]

National Agricultural Library. Gifts.

AN ACT To authorize the Secretary of Agriculture to receive gifts for the benefit of the National Agricultural Library.

Be it- enacted by the /Senate mid House of Representatives of the United States of America in Congress assembled, That SEC. 2. The Secretary of Agriculture is hereby authorized to accept, receive, hold, and administer on behalf of the United States gifts, bequests, or devises of real and personal property made unconditionally for the benefit of the National Agricultural Library or for the carrying out of any of its functions. Conditional gifts may be accepted and used in accordance with their provisions provided that no gift may be accepted which is conditioned on any expenditure not to be met therefrom or from the income thereof unless such expenditure has been approved by Act of Congress. SEC. 3. Any gift of money accepted pursuant to the authority granted in section 2, or the net proceeds from the liquidation of any other property so accepted, or the proceeds of any insurance on any gift property not used for its restoration shall be deposited in the Treasury of the United States for credit to a separate account and shall be disbursed upon order of the Secretary of Agriculture. Approved December 28, 1970.

Public Law 91-592 December 28, 1970 [S. J. R e s, 2 2 6 ]

National Multiple Sclerosis Society Annual Hope Chest App e a l Weeks. Proclamation.

JOINT RESOLUTION To authorize the President to proclaim the period from May 9, 1971, Mother's Day, through June 20, 1071, Father's Day. as the "Xaticmal Multiple Sclerosis Society Annual Hope Chest Appeal Weeks".

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled. That the President of the United States is authorized and requested to issue a proclamation— (1) designating the period from May 9, 1971, Mother's Day, through June 20, 1971, Father's Day, as "National Multiple Sclerosis Society Annual Hope Chest Appeal Weeks"; (2) inviting the Governors of the several States to issue proclamations for like purposes; and (3) urging the people of the United States and educational, philanthropic, scientific, medical, and health care professions and organizations to provide the assistance and resources necessary to discover the cause and cure of multiple sclerosis and to alleviate the suffering of persons stricken by this disease. Approved December 28, 1970.

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 84 STAT. ]

PUBLIC LAW 91-595-DEC. 28. 1970

1589

Public Law 91-593 JOINT RESOLUTION To provide for the designation of the first full calendar week in May, 1971, as ••National Employ the Older Worker Week".

December 28, 1970

[s. j. Res. 74]

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled. That the President is author- Empi'oy"the oide r ized and requested to issue a proclamation designating the first full worker week. Proclamation. calendar week in May of 1971 as "National Employ the Older Worker " ' Week" and calling upon employer and employee organizations, other organizations officially concerned with employment, and upon all the people of the United States to observe such week with appropriate ceremonies, activities, and programs designed to increase employment opportunities for older workers and to bring about the elimination of discrimination in employment because of age. Approved December 28, 1970.

Public Law 91-594 JOINT RESOLUTION

December 28, 1970

To authorize the President to issue a proclamation designating the first full calendar week in May of 1971 as •'Clean Waters for America W>ek".

[s. j. Res. 172]

Resolved by the Senate and House of Representatives of the United States of America in Congress assemhted^ That, in order to emphasize the need for a continuous program for the control and elimination of water pollution and related problems, and to call the attention of the American people to such need, the President is authorized and requested to issue a proclamation designating the first full calendar week in May of 1971 as "Clean Waters for America Week", and calling upon the people of the United States and interested groups and organizations to observe such week with appropriate ceremonies and activities. Approved December 28, 1970.

Clean Waters for America Week. Proclamation.

Public Law 91-595 JOINT RESOLUTION To authorize the President to designate the third Sunday in June, 1971, as "Father's Day".

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the third Sunday in June of 1971 is hereby designated as "Father's Day". The President is authorized and requested to issue a proclamation calling on the appropriate Government officials to display the flag of the United States on all Government buildings on such day, inviting the governments of the States and communities and the people of the United States to observe such day with appropriate ceremonies, and urging our people to offer public and private expressions of such day to the abiding love and gratitude which they bear for their fathers. Approved December 28, 1970.

December 28, 1970 [S. J. R e s. 1 8 7 ]

Father's Day. Proclamation.

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 1590

PUBLIC LAW 91-596-DEC. 29, 1970

[84 STAT.

Public Law 91-596 December 29, 1970 [S.2193]

Occupational Safety and Health Act of 1970.

AN ACT To assure safe and healthful working conditions for working men and women; by authorizing enforcement of the standards developed, under the Act; by assisting and encouraging the States in their efforts to assure safe and healthful working conditions; by providing for research, information, education, and training in the field of occupational safety and health; and for other purposes.

Be it enacted by the Senate and House of Representatives of the Vnited States of America in Congress assembled, That this Act may be cited as the "Occupational Safety and Health Act of 1970". CONGRESSIONAL

FINDINGS

AND

PURPOSE

SEC. (2) The Congress finds that personal injuries and illnesses arising out of work situations impose a substantial burden upon, and are a hindrance to, interstate commerce in terms of lost production, wage loss, medical expenses, and disability compensation payments. (b) The Congress declares it to be its purpose and policy, through the exercise of its powers to regulate commerce among the several States and with foreign nations and to provide for the general welfare, to assure so far as possible every working man and woman in the Nation safe and healthful working conditions and to preserve our human resources— (1) by encouraging employers and employees in their efforts to reduce the number of occupational safety and health hazards at their places of employment, and to stimulate employers and employees to institute new and to perfect existing programs for providing safe and healthful working conditions; (2) by providing that employers and employees have separate but dependent responsibilities and rights with respect to achieving safe and healthful working conditions; (3) by authorizing the Secretary of Labor to set mandatory occupational safety and health standards applicable to businesses affecting interstate commerce, and by creating an Occupational Safety and Health Review Commission for carrying out adjudicatory functions under the Act; (4) by building upon advances already made through employer and employee initiative for providing safe and healthful working conditions; (5) by providing for research in the field of occupational safety and health, including the psychological factors involved, and by developing innovative methods, techniques, and approaches for dealing with occupational safety and health problems; (6) by exploring ways to discover latent diseases, establishing causal connections between diseases and work in environmental , conditions, and conducting other research relating to health problems, in recognition of the fact that occupational health standards present problems often different from those involved in occupational safety; (7) by providing medical criteria which will assure insofar as practicable that no employee will suffer diminished health, functional capacity, or life expectancy as a result of his work experience; (8) by providing for training programs to increase the number and competence of personnel engaged in the field of occupational safety and health;

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