text:
Page:United States Statutes at Large Volume 91.djvu/816

 91 STAT. 782 Ante, pp. 691-696.

PUBLIC LAW 95-95—AUG. 7, 1977 quality monitoring system required under any applicable implementation plan under section 110 shall, as soon as practicable following promulgation of regulations under this section, utilize the standard criteria and methodology, and measure air quality according to the standard index, established under such regulations.". MODELING

Conference.

SEC. 310. Title III of the Clean Air Act is amended by adding the following new section at the end thereof: "STANDARDIZED AIR QUALITY MODELING

42 USC 7620. .it- •

Ante, p. 731.

/

Transcript.

"SEC. 320. (a) Not later than six months after the date of the enactment of the Clean Air Act Amendments of 1977, and at least every three years thereafter, the Administrator shall conduct a conference on air quality modeling. In conducting such conference, special attention shall be given to appropriate modeling necessary for carrying out part C of title I (relating to prevention of significant deterioration of air quality). "(b) The conference conducted under this section shall provide for participation by the National Academy of Sciences, representatives of State and local air pollution control agencies, and appropriate Federal agencies, including the National Science Foundation; the National Oceanic and Atmospheric Administration, and the National Bureau of Standards. "(c) Interested persons shall be permitted to submit written comments and a verbatim transcript of the conference proceedings shall be maintained. "(d) The comments submitted and the transcript maintained pursuant to subsection (c) shall be included in the docket required to be established for purposes of promulgating or revising any regulation relating to air quality modeling under part C of title I.". EMPLOYMENT EFFECTS

Evaluations

SEC. 311. Title III of the Clean Air Act is amended by adding the following new section at the end thereof: "EMPLOYMENT EFFECTS

42 USC 7621.

Investigation request. ' •"
 * f;Vc*r

"SEC. 321. (a) The Administrator shall conduct continuing evaluations of potential loss or shifts of employment which may result from the administration or enforcement of the provision of this Act and applicable implementation plans, including where appropriate, investigating threatened plant closures or reductions in employment allegedly resulting from such administration or enforcement. "(b) Any employee, or any representative of such employee, who {Q discharged or laid off, threatened with discharge or layoff, or whose employment is otherwise adversely affected or threatened to be adversely affected because of the alleged results of any requirement imposed or proposed to be imposed under this Act, including any requirement applicable to Federal facilities and any requirement imposed by a State or political subdivision thereof, may request the Administrator to conduct a full investigation of the matter. Any such request shall be reduced to writing, shall set forth with reasonable particularity the grounds for the request, and shall be signed by the employee, or representative of such employee, making the request.

�


text:
Page:United States Statutes at Large Volume 91.djvu/817

 PUBLIC LAW 95-95—AUG. 7, 1977

91 STAT. 783

The Administrator shall thereupon investigate the matter and, at the Hearings, request of any party, shall hold public hearings on not less than five days' notice. At such hearings, the Administrator shall retjuire the parties, including the employer involved, to present information relating to the actual or potential effect of such requirements on employment and the detailed reasons or justification therefor. If the Administrator determines that there are no reasonable grounds for conducting a public hearing he shall notify (in writing) the party requesting such hearing of such a determination and the reasons therefor. If the Administrator does convene such a hearing, the hearing Record. shall be on the record. Upon receiving the report of such investigation, the Administrator shall make findings of fact as to the effect of such requirements on employment and on the alleged actual or potential discharge, layoff, or other adverse effect on employment, and shall make such recommendations as he deems appropriate. Such report, Information, availability to findings, and recommendations shall be available to the public. public. "(c) In connection with any investigation or public hearing con- Subpenas. ducted under subsection (b) of this section or as authorized in section Ante, pp. 709, 119 (relating to primary nonferrous smelter orders), the Adminis- 712. trator may issue subpenas for the attendance and testimony of witnesses and the production of relevant papers, books and documents, and he may administer oaths. Except for emission data, upon a show- Confidential ing satisfactory to the Administrator by such owner or operator that information. such papers, books, documents, or information or particular part thereof, if made public, would divulge trade secrets or secret processes of such owner, or operator, the Administrator shall consider such record, report, or information or particular portion thereof confidential - ' in accordance with the purposes of section 1905 of title 18 of the United States Code, except that such paper, book, document, or information may be disclosed to other officers, employees, or authorized representatives of the United States concerned with carrying out this Act, or when relevant in any proceeding under this Act. Witnesses Witnesses fees, summoned shall be paid the same fees and mileage that are paid witnesses in the courts of the United States. In cases of contumacy or Penalty, refusal to obey a subpena served upon any person under this subparagraph, the district court of the United States for any district in which such person is found or resides or transacts business, upon application by the United States and after notice to such person, shall have jurisdiction to issue an order requiring such person to apnear and give testimony before the Administrator, to appear and produce papers, books, and documents before the Administrator, or both, and any failure to obey such order of the court may be punished by such court as a contempt thereof. "(d) Nothing in this section shall be construed to require or authorize the Administrator, the States, or political subdivisions thereof, to modify or withdraw any requirement imposed or proposed to be imposed under this Act.". EMPLOYEE PROTECTION

SEC. 312. Title III of the Clean Air Act is amended by adding at the end thereof the following new section: EMPLOYEE PROTECTION

"SEC. 322. (a) No employer may discharge any employee or other- 42 USC 7622. wise discriminate against any employee with respect to his compensa-

7q_iqu n -

an

�

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


text:
Page:United States Statutes at Large Volume 91.djvu/818

 91 STAT. 784 ^^B-it

Complaint, filing.

Notice.

Investigation.

Order.

Notice and hearing.

Review, petition.

ttdv:)t[

PUBLIC LAW 95-95—AUG. 7, 1977 tion, terms, conditions, or privileges of employment because the employee (or any person acting pursuant to a request of the employee)— "(1) commenced, caused to be commenced, or is about to commence or cause to be commenced a proceeding under this Act or a proceeding for the administration or enforcement of any requirement imposed under this Act or under any applicable implementation plan, "(2) testified or is about to testify in any such proceeding, or "(3) assisted or participated or is about to assist or participate in any manner in such a proceeding or in any other action to carry out the purposes of this Act. "(b)(1) Any employee who believes that he has been discharged or otherwise discriminated against by any person in violation of subsection (a) may, within thirty days after such violation occurs, file (or have any person file on his behalf) a complaint with the Secretary of Labor (hereinafter in this subsection referred to as the 'Secretary') alleging such discharge or discrimination. Upon receipt of such a complaint, the Secretary shall notify the person named in the complaint of the filing of the complaint. "(2)(A) Upon receipt of a complaint filed under paragraph (1), the Secretary shall conduct an investigation of the violation alleged in the complaint. Within thirty days of the receipt of such complaint, the Secretary shall complete such investigation and shall notify in writing the complainant (and any person acting in his behalf) and the person alleged to have committed such violation of the results of the investigation conducted pursuant to this subparagraph. Within ninety days of the receipt of such complaint the Secretary shall, unless the proceeding on the complaint is terminated by the Secretary on the basis of a settlement entered into by the Secretary' and the person alleged to have committed such violation, issue an order either providing the relief prescribed by subparagraph (B) or denying the complaint. An order of the Secretary shall be made on the record after notice and opportunity for public hearing. The Secretary may not enter into a settlement terminating a proceeding on a complaint without the participation and consent of the complainant. "(B) If, in response to a complaint filed under paragraph (1), the Secretary determines that a violation of subsection (a) has occurred, the Secretary shall order the person who committed such violation to (i) take afiirmative action to abate the violation, and (ii) reinstate the complainant to his former position together with the compensation (including back pay), terms, conditions, and privileges of his employment, and the Secretary may order such person to provide compensatory damages to the complainant. If an order is issued under this paragraph, the Secretary, at the request of the complainant, shall assess against the person against whom the order is issued a sum equal to the aggregate amount of all costs and expenses (inchiding attorneys' and expert witness fees) reasonably incurred, as determined by the Secretary, by the complainant for, or in connection with, the bringing of the complaint upon which the order was issued. "(c)(1) Any person adversely affected or aggrieved by an order issued under subsection (b) may obtain review of the order in the United States court of appeals for the circuit in which the violation, with respect to which the order was issued, allegedly occurred. The petition for review must be filed within sixty days from the issuance of the Secretary's order. Review shall conform to chapter 7 of title 6

�


text:
Page:United States Statutes at Large Volume 91.djvu/819

 PUBLIC LAW 95-95—AUG. 7, 1977

91 STAT. 785

of the United States Code. The commencement of proceedings under 5 USC 701. this subparagraph shall not, unless ordered by the court, operate as Stay. a stay of the Secretary's order. "(2) An order of the Secretary with respect to which review could have been obtained under paragraph (1) shall not be subject to judicial review in any criminal or other civil proceeding. "(d) Whenever a person has failed to comply with an order issued under subsection (b)(2), the Secretary may file a civil action in the United States district court for the district m which the violation was found to occur to enforce such order. In actions brought under this Jurisdiction. subsection, the district courts shall have jurisdiction to grant all appropriate relief including, but not limited to, injunctive relief, compensatory, and exemplary damages. "(e)(1) Any person on whose behalf an order was issued under Final order. paragraph (2) of subsection (b) may commence a civil action against the person to whom such order was issued to require compliance with such order. The appropriate United States district court shall have jurisdiction, without regard to the amount in controversy or the citizenship of the parties, to enforce such order. " (2) The court, in issuing any final order under this subsection, may Court costs. award costs of litigation (including reasonable attorney and expert witness fees) to any party whenever the court determines such award is appropriate. "(f) Any nondiscretionary duty imposed by this section shall be enforceable in a mandamus proceeding brought under section 1361 of title 28 of the United States Code. "(g) Subsection (a) shall not apply with respect to any employee who, acting without direction from his employer (or the employer's agent), deliberately causes a violation of any requirement of this Act.". NATIONAL COMMISSION ON AIR QUALITY

SEC. 313. Title III of the Clean Air Act is amended by adding the following new section at the end thereof: " N A T I O N A L COMMISSION ON AIR QUALITY

"SEC. 323. (a) There is established a National Commission on Air Quality which shall study and report to the Congress on— "(1) available alternatives, including enforcement mechanisms to protect and enhance the quality of the Nation's air resources so as to promote the public health and welfare and to achieve the other purposes of the Act, including achievement and maintenance of national ambient air quality standards and in accordance with subsection (b)(2) of this section the prevention of significant deterioration of air quality; "(2) the economic, technology, and environmental consequences of achieving or not achieving the purposes of this Act and programs authorized by it; "(3) the technological capability of achieving and the economic, energy, and environmental and health effects of achieving or not achieving required emission control levels for mobile sources of oxides of nitrogen in relation to and independent of regulation of emissions ot oxides of nitrogen from stationary sourccvs; " (4) air pollutants not presently regulated, which pose or may in the future pose a threat to public health or public welfare and options available to regulate emissions of such pollutants;

Establishment. 42 USC 7623. Study. Report to Congress. Contents.

�


text:
Page:United States Statutes at Large Volume 91.djvu/820

 91 STAT. 786 .)-..:''^

PUBLIC LAW 95-95—AUG. 7, 1977 ,:

"(5) the adequacy of research, development, and demonstrations being carried out by Federal, State, local, and nongovernmental entities to protect and enhance air quality; "(6) the ability of (including financial resources, manpower, and statutory authority) Federal, State, and local institutions to implement the purposes of the Act; "(7) the extent to which the reduction of hydrocarbon emissions is an adequate or appropriate method to achieve primary standards for photochemical oxidants. Such study shall include— .,;.:,,, "(A) a description and analysis of the various pollutants which are commonly referred to as 'photochemical oxidants' or chemical precursers to photochemical oxidants; "(B) an analysis of any pollutants or combination of polA-fhv; **„ lutants which need to be reduced to achieve any photochemical oxidant standard, and the amount of such reduction; \ "(C) the relationship between the reductions of hydrocarbons, oxides of nitrogen, and any other pollutants and the achievement of applicable standards for photochemical oxidants; - fi ' rt"! • MeA "(I^) the degree to which background or natural sources , and long-range transportation of pollutants contribute to measured ambient levels of photochemical oxidants; ' ''(E) any other oxidant-related issues which the Commission determines to be appropriate; and "'(8)(A) the special problems of small businesses and government agencies in obtaining reductions of emissions from existing sources in order to offset increases in emissions from new sources for the purposes of this Act; and "(B) alternative strategies for permitting, without impeding the achievement of national ambient air quality standards as expeditiously as possible, the construction of new facilities and the modification of existing facilities in air quality control regions exceeding the national ambient air quality standard for any pollutant regulated under the Act. The Commission's study and report under paragraph (4) shall include analysis of the health effects of pollutants which are derivates of oxides of nitrogen. "(b)(1) Studies and investigations conducted pursuant to subsection (a) shall include the effects of existing or proposed national ambient air quality standards on employment, energy, and the economy (including State and local), their relationship to objective scientific and medical data collected to determine their validity at existing levels, as well as their other social and environmental effects. "(2) The Commission shall, in carrying out the study authorized under this section, give priority to a study of the implementation of Ante, p. 731. the provisions of part C of this Act (relating to prevention of significant deterioration of air quality) and its effects on the States and the Federal Government. In carrying out such study, the Commission shall study, among other questions, the following: "(A) whether the provisions relating to the designation of, and protection of air quality in class I areas under part C are appropriate to protect the air quality over lands of special national significance, including recommendations for, and methods to (i) add to or delete lands from such designation, and (ii) provide appropriate protection of the air quality over such lands; "(B) whether the provisions of part C, including the three-

�


text:
Page:United States Statutes at Large Volume 91.djvu/821

 PUBLIC LAW 95-95—AUG. 7, 1977 hour and twenty-four-hour increments, (i) affect the location and size of major emitting facilities, and (ii) whether such effects are in conflict or consonance with other national policies regarding the development of such facilities; "(C) whether the technology is available to control emissions from the major emitting facilities which are subject to regulation under part C, including an analysis of the costs associated with that technology; "(D) whether the exclusion of nonmajor emitting sources from the regulatory framework under this Act will affect the protection of air quality in class I and class II regions designated under this Act; " (E) whether the increments of change of air quality under this Act are appropriate to prevent significant deterioration of air quality in class I and class II regions designated under part C of title I; " (F) whether the choice of predictive air quality models and the assumptions of those models are appropriate to protect air quality in the class I and class II regions designated under part C of title I for the pollutants subject to regulation under part C; and "(G) the effects of such provisions on employment, energy, the economy (including State and local), the relationship of such policy to the protection of the public health and welfare as well as other national priorities such as economic growth and national defense, and its other social and environmental effects. "(c) The Commission shall, as a part of any study conducted under subsection (b)(2) of this section, specifically identify any loss or irretrievable commitment of resources (taking into account feasibility), including mineral, agricultural and water resources, as well as land surface-use resources. including the chairman and the ranking minority member of the Senate Committee on Public Works and the House Committee on Interstate and Foreign Commerce (or delegates of such chairmen or member appointed by them from among representatives of such committees) and seven members of the public appointed by the President, by and with the advice and consent of the Senate. The chairman of the Commission shall be elected from among the members thereof. Not more than one-third of the members of the Commission may have any interest in any business or activity regulated under this Act. "(e) The heads of the departments, agencies, and instrumentalities of the executive branch of the Federal Government shall cooperate with the Commission in carrying out the requirements of this section, and shall furnish to the Commission such information as the Commission deems necessary to carry out this section. "(f) A report, together with any appropriate recommendations, shall be submitted to the Congress on the results of the investigation and study concerning subsection (a)(3) of this section no later than March 1, 1978, and the results of the investigation and study concerning subsection (b)(2) of this section no later than two years after the date of enactment of the Clean Air Act Amendments of 1977. A report, together with any appropriate recommendations, shall be submitted to the Congress on the I'esults of the investigation and study concerning paragraphs (3) and (8) of subsection (a) of this section no later than
 * '(d) Such Commission shall be composed of eleven members,

91 STAT. 787

Ante, p. 731.

Members, appointment and confirmation.

Chairman.

Executive branch, cooperation.

Report, submittal to Congress.

�


text:
Page:United States Statutes at Large Volume 91.djvu/822

 91 STAT. 788

PUBLIC LAW 95-95—AUG. 7, 1977

March 1, 1978, in order that Congress may have this information in a timely fashion if it deems further changes are needed in the rec[uirements for control of emissions of oxides of nitrogen under Study. this Act, and for other purposes. The Administrator shall undertake to enter into appropriate arrangements with the National Academy of Sciences to conduct a study of the same matters required to be studied by the Commission under subsection (b)(2) and to submit such study to the Congress at the same time as required for the report Funds, of the Commission concerning such subsection. Funds shall be availavailability. able in the same manner, and the Administrator shall have the same authorities and duties respecting such study, as provided in the case 42 USC 7521. of the study authorized pursuant to section 202(c). Report. "(g) A report shall be submitted with regard to all Commission studies and investigations other than those referred to in subsection (f), together with any appropriate recommendations, not later than three years after the date of enactment of this section. Upon submission of such report or upon expiration of such three-year period, Compensation whichever is sooner, the Commission shall cease to exist. The members and travel of the Commission who are not officers or employees of the United expenses. States, while attending conferences or meetings of the Commission or while otherwise serving at the request of the Chairman shall be entitled to receive compensation at a rate not in excess of the maximum rate of pay for grade GS-18, as provided in the General Schedule under 5 USC 5332 note. section 5332 of title V of the United States Code, including traveltime and while away from their homes or regular places of business they may be allowed travel expenses, including per diem in lieu of 5 USC 5703, subsistence as authorized by law (5 U.S.C. 73b-2) for persons in the 5707. Government service employed intermittently. Hearings. "(j) In the conduct of the study, the Commission is authorized to contract with nongovernmental entities that are competent to perform research or investigations in areas within the Commission's mandate, and to hold public hearings, forums, and workshops to enable full public participation. The Commission may contract with nonprofit technical and scientific organizations, including the National Academy of Sciences, for the purpose of developing necessary technical information for the study authorized by subsection (a)(7) of this section.". VAPOR RECOVERY

,

SEC. 314. (a) Title III of the Clean Air Act is amended by adding the following new section at the end thereof: "COST OF EMISSION CONTROL FOR CERTAIN VAPOR RECOVERY TO BE BORNE BY OWNER OF RETAIL OUTLET

42 USC 7624.

"SEC. 324. (a) The regulations under this Act applicable to vapor recovery with respect to mobile source fuels at retail outlets of such fuels shall provide that the cost of procurement and installation of such vapor recovery shall be borne by the owner of such outlet (as determined under such regulations). Except as provided in subsection (b), such regulations shall provide that no lease of a retail outlet by the owner thereof which is entered into or renewed after the date of enactment of the Clean Air Act Amendments of 1977 may provide for a payment by the lessee of the cost of procurement and installation of vapor recovery equipment. Such regulations shall also provide that the cost of procurement and installation of vapor recovery equipment

�


text:
Page:United States Statutes at Large Volume 91.djvu/823

 PUBLIC LAW 95-95—AUG. 7, 1977

91 STAT. 789

may be recovered by the owner of such outlet by means of price ..-u - ^ increases in the cost of any product sold by such owner, notwithstanding any provision of law. "(b) The regulations of the Administrator referred to in subsection Payment, (a) shall permit a lease of a retail outlet to provide for payment by the lessee of the cost of procurement and installation of vapor recovery equipment over a reasonable period (as determined in accordance with such regulations), if the owner of such outlet does not sell, trade in, or otherwise dispense any product at wholesale or retail at such outlet". (b) Title III of such Act is amended by adding the following new section at the end thereof: "VAPOR RECOVERY FOR SMALL BUSINESS MARKETERS OP PETROLEUM

f is'. }.*; t> < ,

PRODUCTS

"SEC. 325. (a) The regulations under this Act applicable to vapor recovery from fueling of motor vehicles at retail outlets of gasoline shall not apply to any outlet owned by an independent small business marketer of gasoline having monthly sales of less than 50,000 gallons. In the case of any other outlet owned by an independent small business marketer, such regulations shall provide, with respect to independent small business marketers of gasoline, for a three-year phase-in period for the installation of such vapor recovery equipment at such outlets under which such marketers shall have— "(1) 33 percent of such outlets in compliance at the end of the first year during which such regulations apply to such marketers, "(2) 66 percent at the end of such second year, and "(3) 100 percent at the end of the third year. "(b) Nothing in subsection (a) shall be construed to prohibit any State from adopting or enforcing, with respect to independent small business marketers of gasoline having monthly sales of less than 50,000 gallons, any vapor recovery requirements for mobile source fuels at retail outlets. Any vapor recovery requirement which is adopted by a State and submitted to the Administrator as part of its implementation plan may be approved and enforced by the Administrator as part of the applicable implementation plan for that State. "(c) For purposes of this section, an independent small business marketer of gasoline is a person engaged in the marketing of gasoline who would Jbe required to pay for procurement and installation of vapor recovery equipment under section 324 of this Act or under regulations of the Administrator, unless such person— "(1)(A) is a refiner, or "(B) controls, is controlled by, or is under common control with, a refiner, "(C) is otherwise directly or indirectly affiliated (as determined under the regulations of the Administrator) with a refiner or with a person who controls, is controlled by, or is under a common control with a refiner (unless the sole affiliation referred to herein is by means of a supply contract or an agreement or contract to use a trademark, trade name, service mark, or other identifying symbol or name owned by such refiner or any such person), or "(2) receives less than 50 percent of his annual income from refining or marketing of gasoline.

42 USC 7625. ,
 * _

,

jsv^^ „.,^\._

-«; ^,.^. ^^

^.„.,*

M^^:.„.^,^%^ Small business marketer, ^^te, p. 788.

,

, ^.v '

'

^*

�


text:
Page:United States Statutes at Large Volume 91.djvu/824

 91 STAT. 790 Definitions. tfi

PUBLIC LAW 95-95—AUG. 7, 1977 For the purpose of this section, the term 'refiner' shall not include any refiner whose total refinery capacity (including the refinery capacity of any person who controls, is controlled by, or is under common control with, such refiner) does not exceed 65,000 barrels per day. For purposes of this section, 'control' of a corporation means ownership of more than 50 percent of its stock.". AUTHORIZATIONS

SEC. 315. Title III of the Clean Air Act is amended by adding the following new section at the end thereof: a APPROPRIATIONS

42 USC 7626.

Ante, p. 749.

Ante, p. 785.

Ante, p. 725. Ante, p. 686.

Anu, p. 726.

Ante, pp. 686,

SEC. 325. (a) There are authorized to be appropriated to carry out this Act (other than provisions for which amounts are authorized under subsection (b)), $200,000,000 for the fiscal year 1978 and for each of the three fiscal years beginning thereafter. "(b)(1) There are authorized to be appropriated to carry out section 175 beginning in fiscal year 1978, $75,000,000 to be available until expended. "(2) There are authorized to be appropriated for use in carrying out section 323 (relating to National Commission on Air Quality), not to exceed $10,000,000 beginning in fiscal year 1978. For the study authorized under section 323 there shall be made available by contract to the National Commission on Air Quality from the appropriation to the Environmental Protection Agency for fiscal year 1977 the sum of $1,000,000. "(3) There are authorized to be appropriated to carry out section 127 (relating to grants for public notification) $4,000,000 for the fiscal year 1978 and each of the three succeeding fiscal years. "(4) For purposes of section 103(b)(5), there are authorized to be appropriated $7,500,000 for the fiscal year 1978 and each of the three fiscal years beginning after the date of enactment of the Clean Air Act Amendments of 1977. "(5) For the purpose of carrying out the provisions of part B of title I relating to studies and reports, there are authorized to be appropriated— "(A) to the National Aeronautics and Space Administration, the National Science Foundation, and the Department of State, such sums as may be necessary for the fiscal year ending September 30, 1977, and the fiscal year ending September 30, 1978; "(B) to the Environmental "Protection Agency, $157,000,000 for fiscal year 1978; and "(C) to all other agencies such sums as may be necessary. "(6) There are authorized to be appropriated for carrying out research, development and demonstration under sections 103 and 104 of this Act $120,000,000 for fiscal year 1978.".

687.

42 USC 7404.

TITLE IV—GENERAL AND MISCELLANEOUS PROVISIONS BASIS OF ADMINISTRATIVE

42 USC 7408.

STANDARDS

SEC. 401. (a) Section 108(a)(1)(A) of the Clean Air Act is amended to read as follows:

�


text:
Page:United States Statutes at Large Volume 91.djvu/825

 PUBLIC LAW 95-95—AUG. 7, 1977 "(A) emissions of which, in his judgment, cause or contribute to air pollution which may reasonably be anticipated to endanger public health or welfare;". (b) The second sentence of section 111(b)(1)(A) of such Act is amended to read as follows: "He shall include a category of sources in such list if in his judgment it causes, or contributes significantly to, air pollution which may reasonably be anticipated to endanger public health or welfare.". (c) Paragraph (1) of section 112(a) of such Act is amended to read as follows: "(1) The term 'hazardous air pollutant' means an air pollutant to which no ambient air quality standard is applicable and which in the judgment of the Administrator causes, or contributes to, air pollution which may reasonably be anticipated to result in an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness.". (d)(1) Section 202(a)(1) of such Act is amended to read as follows: "(a)(1) Except as otherwise provided in subsection (b) the Administrator shall by regulation prescribe (and from time to time revise) in accordance with the provisions of this section, standards applicable to the emission of any air pollutant from any class or classes of new motor vehicles or new motor vehicle engines, which in his judgment cause, or contribute to, air pollution which may reasonably be anticipated to endanger public health or welfare. Such standards shall be applicable to such vehicles and engines for their useful life (as determined under subsection (d), relating to useful life of vehicles for purposes of certification), whether such vehicles and engines are designed as complete systems or incorporate devices to prevent or control such pollution.". (2) Section 202(e) of such Act is amended by striking out "which cause or contribute to, or are likely to cause or contribute to, air pollution which endangers" and substituting "which in his judgment cause, or contribute to, air pollution which may reasonably be anticipated to endanger". (e) Section 211(c)(1)(A) of such Act is amended to read as follows: "(A) if in the judgment of the Administrator any emission product of such fuel or fuel additive causes, or contributes, to air pollution which may reasonably be anticipated to endanger the public health or welfare, or". (f) Section 281(a)(2) of such Act is amended to read as follows: "(2) The Administrator shall, from time to time, issue proposed emission standards applicable to the emission of any air pollutant from any class or classes of aircraft engfines which in his judgment causes, or contributes to, air pollution which may reasonably be anticipated to endanger public health or welfare.".

91 STAT. 791

42 USC 7411.

"Hazardous air pollutant."

42 USC 7412.

Regulations.

42 USC 7521.

42 USC 7545.

42 USC 7571.

INTERAGENCY COOPERATION ON PREVENTION OF ENVIRONMENTAL CANCER AND HEART AND LUNG DISEASE

SEC. 402. (a) Not later than three months after the date of enactment of this section, there shall be established a Task Force on Environmental Cancer and Heart and Lung Disease (hereinafter referred to as the 'Task Force'). The Task Force shall include representatives of the Environmental Protection Agency, the National Cancer Institute, the National Heart, Lung, and Blood Institute, the National Institute of Occupational Safety and Health, and the National Institute on Environmental Health Sciences, and shall be chaired by the Administrator (or his delegate). (b) The Task Force shall—

Task Force on Environmental eancer and Heart and Lung Disease. Establishment. 42 USC 4362. Members.

�


text:
Page:United States Statutes at Large Volume 91.djvu/826

 PUBLIC LAW 95-95—AUG. 7, 1977

91 STAT. 792

. i f • •

Report to Congress.

(1) recoimiiend a comprehensive research program to determine and quantify the relationship between environmental pollution and human cancer and heart and lung disease; (2) recommend comprehensive strategies to reduce or eliminate the risks of cancer or such other diseases associated with environmental pollution; (3) recommend research and such other measures as may be appropriate to prevent or reduce the incidence of environmentally related cancer and heart and lung diseases; (4) coordinate research by, and stimulate cooperation between, the Environmental Protection Agency, the Department of Health, Education, and Welfare, and such other agencies as may be appro)riate to prevent environmentally related cancer and heart and ung diseases; and (5) report to Congress, not later than one year after the date of enactment of this section and annually thereafter, on the problems and progress in carrying out this section.

f

STUDIES

Report to Congress.

42 USC 7548 note.

Report to Congress.

42 USC 74«1 note.

Evaluation.

42 USC 7401 note. Chemical contaminants list, publication. 42 USC 7401 note.

Explanation, publication.

. „ -

SEC. 403. (a) Not later than eighteen months after the date of the enactment of this Act, the Administrator of the Environmental Protection Agency, in cooperation with the National Academy of Sciences, shall study and report to Congress on (1) the relationship between the size, weight, and chemical composition of suspended particulate matter and the nature and degree of the endangerment to public health or welfare presented by such particulate matter (especially with respect to fine particulate matter) and (2) the availabi ity of technology for controlling such particulate matter. (b) The Administrator of the Environmental Protection Agency shall conduct a study and report to the Congress not later than January 1, 1979, on the effects on public health and welfare of odors or odorous emissions, the sources of such emissions, the technology or other measures available for control of such emissions and the costs of such technology or measures, and the costs and benefits of alternative measures or strategies to abate such emissions. Such report shall include an evaluation of whether air quality criteria or national ambient air quality standards should be published under the Clean Air Act for odors, and what other strategies or authorities under the Clean Air Act are available or appropriate for abating such emissions. (c)(1) Not later than twelve months after the date of enactment of this Act the Administrator of the Environmental Protection Agency .shall publish throughout the United States a list of all known chemical contaminants resulting from environmental pollution which have been found in human tissue including blood, urine, breast milk, and all other human tissue. Such list shall be prepared for the United States and shall indicate the approximate number of cases, the range of levels found, and the mean levels found. (2) Not later than eighteen months after the date of enactment of this Act the Administrator shall publish in the same manner an explanation of what is known about the manner in which the chemicals described in paragraph (1) entered the environment and thereafter human tissue. (3) The Administrator, in consultation with National Institutes of Health, the National Center for Health Statistics, and the National Center for Health Services Research and Development, shall, if feasible, conduct an epidemiological study to demonstrate the rela-

�


text:
Page:United States Statutes at Large Volume 91.djvu/827

 PUBLIC LAW 95-0.'^—AUG. 7, 1977

91 STAT. 793

tionship between levels of chemicals in the environment and in human tissue. Such study shall be made in appropriate regions or areas of the United States in order to determine any different results in such regions or areas. The results of such study shall, as soon as practicable, Report to congressional be reported to the appropriate committee of the Congress. committee. (d) The Administrator of the Environmental Protection Agency 42 USC 7401 shall conduct a study of air quality in various areas throughout the note. country including the gulf coast region. Such study shall include analysis of liquid and solid aerosols and other fine particulate matter and the contribution of such substances to visibility and public health problems in such areas. For the purposes of this study, the Administrator shall use environmental health experts from the National Institutes of Health and other outside agencies and organizations. (e)(1) The Secretary of Labor, in consultation with the Admin- 42 USC 7621 istrator, shall conduct a study of potential dislocation of employees note. due to implementation of laws administered by the Administrator. Such study shall estimate the number of employees so affected, identify existing sources of assistance available to such employees, assess the adequacy of such assistance, and recommend additional adjustment measures, if justified. (2) The Secretary shall submit to Congress the results of the study Study results, conducted under paragraph (1) not more than one year after the submittal to Congress. date of enactment of this section. (f) The Administrator of the Environmental Protection Agency 42 USC 7521 shall undertake to enter into appropriate arrangements with the note. National Academy of Sciences to conduct continuing comprehensive studies and investigations of the effects on public health and welfare of emissions subject to section 202(a) of the Clean Air Act Ante, pp. 759, (including sulfur compounds) and the technological feasibility of 760, 765, 791. meeting emission standards required to be prescribed by the Administrator by section 202(b) of such Act. The Administrator shall report Report to to the Congress within six months of the date of enactment of this Congress. section and each year thereafter regarding the status of the contractual arrangements and conditions necessary to implement this paragraph. (g) The Administrator of the Environmental Protection Agency Report to shall conduct a study and report to Congress by the date one year Congress. after the date of the enactment of this section, on the emission of 42 USC 7521 sulfur-bearing compounds from motor vehicles and motor vehicle note. engines and aircraft engines. Such study and report shall include but rfot be limited to a review of the effects of such emissions on public health and welfare and an analysis of the costs and benefits of alternatives to reduce or eliminate such emissions (including desulfurization of fuel, short-term allocation of low sulfur crude oil, technological devices used in conjunction with current engine technologies, alternative engine technologies, and other methods) as may be required to achieve any proposed or promulgated emission standards for sulfur compounds. RAILROAD EMISSION STUDY

SEC. 404. (a) The Administrator of the Environmental Protection Agency shall conduct a study and investigation of emissions of air pollutants from railroad locomotives, locomotive engines, and secondary power sources on railroad rolling stock, in order to determine— (1) the extent to which such emissions affect air quality in air quality control regions throughout the United States,

42 USC 7401 note.

�


text:
Page:United States Statutes at Large Volume 91.djvu/828

 91 STAT. 794

PUBLIC LAW 95-95—AUG. 7, 1977 •

Report to congressional committees.

(2) the technological feasibility and the current state of technology for controlling such emissions, and

(3) the status and effect of current and proposed State and local regulations affecting such emissions. (b) W i t h i n one hundred and eighty days after commencing such study and investigation, the A d m i n i s t r a to r shall submit a report of g^gj^ study and investigation, together with recommendations for appropriate legislation, to the Senate Committee on Environment and Public W o r k s and the House Committee on Interstate and Foreign Commerce. STUDY AND REPORT CONCERNING ECONOMIC APPROACHES TO CONTROLLING AIR POLLUTION

42 USC 7401 ^°^'

42 USC 7401 °o*^-

.5 ,«

1 t

fOvTy-

SEC. 405. (a) The Administrator, in conjunction with the Council of Economic Advisors (hereinafter in this section referred to as 'the Council'), shall undertake a study and assessment of economic measures for the control of air pollution which could— (1) strengthen the effectiveness of existing methods of controlling air pollution, (2) provide incentives to abate air pollution to a greater degree than is required by existing provisions of the Clean Air Act (and regul ations thereunder), and (3) serve as the primary incentive for controlling air pollution problems not addressed by any provision of the Clean Air Act (or any regulation thereunder). (b) The study of measures referred to in paragraph (1) of subsection (a) shall concentrate on (1) identification of air pollution problems for which existing methods of control are not effective because of economic incentives to delay compliance and (2) formulation of economic measures which could be taken with respect to each such air pollution problem which would provide an incentive to comply without interfering with such existing methods of control. (c) The study of measures referred to in paragraph (2) of subsection (a) shall concentrate on (1) identification of air pollution problems for which existing methods of control may not be sufficiently extensive to achieve all desired environmental goals and (2) formulation of economic measures for each such air pollution problem which would provide additional incentives to reduce air pollution without— (A) interfering with the effectiveness of existing methods of control, or (B) creating problems similar to those which prevent alterna, tive regulatory methods from being used to reach such environmental goals. (d) The study of the measures referred to in paragraph (3) of subsection (a) shall concentrate on (1) identification of air pollution problems for which no existing methods of control exist, (2) formulation of economic measures to reduce such pollution, and (3) comparison of the environmental and economic impacts of the economic measures with those of any alternative regulatory methods which can be identified.

(e) In conducting the study under this section, a preliminary screening should be made of the problems referred to in subsections (b)(1), (c)(1), and (d)(1) and economic measures should be formulated under subsections (b)(2), (c)(2), and (d)(2) in the most promising cases, giving special attention to structural and administra-

�


text:
Page:Hockey, Canada's Royal Winter Game.djvu/49

 Hats are not needed if the hair is allowed to grow moderately long, in fact they are an unnecessary extra.

Gloves, thin enough to permit the player to retain a firm, sure grasp of his stick are used to prevent the hands from being cut on the rough ice, after a fall. It is advisable to wear shin guards and any other appliances that afford protection. Unless a player’s ankles are weak, or his boots too large, straps should not he used, because they are of no other value than to strengthen the ankles, which, with practice and well-fitting boots, do not, or should not need support.

The hockey stick is the requisite next in importance, but as it will be treated in chapter 4th no further mention of it will be made here.

2. Coolness, in hockey parlance, is the power and practice of taking time to think out a move. A player must be cool-headed to a degree that verges on slowness, because, so fast a game is hockey, that an expert player, an experienced team, should take advantage of every opportunity that the changing plays present, and this to do, even in the quickest rushes, the swiftest combinations, the fierest "mix-ups," it is necessary that one should remain as cool as the proverbial cucumber.


text:
Page:United States Statutes at Large Volume 91.djvu/829

 PUBLIC LAW 95-95—AUG. 7, 1977 tive problems. In formulating any such measure which provides for a charge, the appropriate level of the charge should be determined, if possible, and the environmental and economic impacts should be identified. (f) Within one year after the date of enactment of this Act, the Administrator shall complete a study and report to the Congress on the advantages and disadvantages (including an analysis of the feasibility) of establishing a system of penalties for stationary sources on emissions of oxides of nitrogen and make recommendation regarding the establishment of such a system. Such study shall determine if such a system will effectively encourage the development of more effective systems and technologies for control of emissions of oxides of nitrogen for new major emitting facilities, or existing major emitting facilities, or both. In any case in which a proposed penalty system is recommended by the Administrator, the report should include— (1) a recommendation respecting the appropriate period during which such system of penalties should apply, and the appropriate termination date or dates for such system, if any, taking mto account— (A) the time at which adequate technology may reasonably be anticipated to be available to control oxides of nitrogen for that category of facilities, CB) the degree to which such technology can be expected to be used on such facilities, and (C) the Administrator's authorities to require the use of such technology, and (2) recommendations respecting the compilation of records by facilities subject to such penalties for purposes of determining the applicability and amount of such penalty. (g) Not later than two years after the date of the enactment of this section, the Administrator and the Council shall conclude the study and assessment under this section and submit a report containing the results thereof to the President and to the Congress. Interim reports on specific pollution problems and solutions recommended shall be made available to the President and the Congress by the Administrator whenever available.

91 STAT. 795

Report to Congress.

Report to President and Congress. Interim reports to President and Congress.

SAVING P R O VI S I O N; KFFI'CnVE DATES

SEC. 406. (a) No suit, action, or other proceeding lawfully com- 42 USC 7401 menced by or against the Administrator or any other officer or note. employee of the United States in his official capacity or in relation to the discharge of his official duties under the Clean Air Act, as in effect 42 USC 7401 immediately prior to the date of enactment of this Act shall abate by "o^e. reason of the taking effect of the amendments made by this Act. The court may, on its own motion or that of any party made at any time within twelve months after such taking effect, allow the same to be maintained by or against the Administrator or such officer or employee. (b) All rules, regulations, orders, determinations, contracts, certifications, authorizations, delegations, or other actions duly issued, made, or taken by or pursuant to the Clean Air Act as in effect immediately prior to the date of enactment of this Act, and pertaining to any functions, powers, requirements, and duties under the Clean Air Act, as in effect immediately prior to the date of enactment of this Act, and

�


text:
Page:United States Statutes at Large Volume 91.djvu/830

 91 STAT. 796

42 USC 7401 note.

Ante, pp. 691-696.

Effective date. Plan revision.

PUBLIC LAW 95-95—AUG. 7, 1977 not suspended by the Administrator or the courts, shall continue in full force and effect after the date of enactment of this Act until modified or rescinded in accordance with the Clean Air Act as amended by this Act. (c) Nothing in this Act nor any action taken pursuant to this Act shall in any way affect any requirement of an approved implementation plan in effect under section 110 of this Act or any other provision of the Act in effect under the Clean Air Act before the date of enactment of this section until modified or rescinded in accordance with the Clean Air Act as amended by this Act. (d)(1) Except as otherwise expressly provided, the amendments made by this Act shall be effective on date of enactment. (2) Except as otherwise expressly provided, each State required to revise its applicable implementation plan by reason of any amendment made by this Act shall adopt and suhmit to the Administrator of the Environmental Protection Administration such plan revision before the later of the date— (A^ one year after the date of enactment of this Act, or (B) nine months after the date of promulgation by the Administrator of the Environmental Protection Administration of any regulations under an amendment made by this Act which are necessary for the approval of such plan revision. •"(.'.

'

I Approved August 7, 1977.

'.H

LEGISLATIVE HISTORY: HOUSE REPORTS: No. 95-294 (Comm. on Interstate and Foreign Commerce) and No. 95-564 (Comm. of Conference). SENATE REPORT No. 95-127 accompanying S. 252 (Comm. on Environment and Public Works). CONGRESSIONAL RECORD, Vol. 123 (1977): May 24-26, considered and passed House. ' ' June 8, 10, considered and passed Senate, amended. Aug. 4, House and Senate agreed to conference report. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 13, No. 33: r Aug. 8, Presidential statement.

�


text:
Page:United States Statutes at Large Volume 91.djvu/831

 PUBLIC LAW 95-96—AUG. 7, 1977

91 STAT. 797

Public Law 95-96 95th Congress An Act Making appropriations for public worlds for water and power rlevelopment and energy researcli for the fiscal year ending September 30, 1978, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums are appropriated, out of any uioney in the Treasury not otherwise appropriate(l, for the fiscal year ending September 30, 1978, for public works for water and power development and energy research, and for other purposes, namely:

Aug. 7, 1977 [H.R. 7553]

Public Works for Water and Power Development and Energy Research Appropriation Act, 1978.

TITLE I—ENERGY RESEARCH AND DEVELOPMENT ADMINISTRATION OPERATING EXPENSES

For necessary operating expenses of the Administration in carrying out the purposes of the Energy Reorganization Act of 1974; hire, maintenance, and operation of aircraft; publication and dissemination of atomic and other energy information; purchase, repair, and cleaning of uniforms; official entertainment expenses (not to exceed $15,000); reimbursement of the General Services Administration for security guard services; hire of passenger motor vehicles; $4,359,806,000 and any moneys (except sums received from disposal of property under the Atomic Energy Community Act of 1955 and the Strategic and Critical Materials Stockpiling Act, as amended, and fees received for tests or investigations under the Act of May 16, 1910, as amended (42 U.S.C. 2301; 50 U.S.C. 98h; 30 U.S.C."7)) received by the Energy Research and Development Administration, notwithstanding the provisions of section 3617 of the Revised Statutes (31 U.S.C. 484), to remain available until expended: Provided, That from this appropriation transfers of sums may be made to other agencies of the Government for the performance of the work for which this appropriation is made, and in such cases the sums so transferred may be merged with the appropriation to which transferred: Provided further, That the amount appropriated in any other appropriation act for "Operating expenses" for the Energy Research and Development Administration for the fiscal year ending September 30, 1978, shall be merged with this appropriation: Provided further, That up to $14,000,000 of this appropriation is to conduct a study of the Barnwell Nuclear Fuels Plant located in South Carolina to determine if that facility may be utilized in support of the nonproliferation objectives of the United States; and for activities contributing to the International Fuel Cycle Evaluation Program to be carried out under contract at the Barnwell Nuclear Fuels Plant, including only such research, assessment and evaluation activities as the Administrator determines are consistent with the Nation's nuclear research and nonproliferation policies and provided that the plant shall not be used to process spent fuel from nuclear reactors: Provided further,

42 USC 5801 note.

�


text:
Page:United States Statutes at Large Volume 91.djvu/832

 91 STAT. 798

Presidential certification to Congress. Disapproval resolution.

PUBLIC LAW 95-96—AUG. 7, 1977 That none of the funds appropriated herein shall be used to terminate the Clinch Kiver Breeder Reactor Project: Provided fuTtliei\ That $1,S,00 of this appropriation shall be for financial awards to independent inventors, as authorized, for the purpose of cai'i'ying out section 14 of the Federal Nonnuclear Energy Kesearch and Development Act of 1974, as amended (42 U.S.C. 5913): Provided furtlier, That none of the funds appropriated in this Act shall be used for production of enhanced radiation weapons until the President certifies to Congress that production of these weapons is in the national interest: Provided further, however, That after such certification is received, production may proceed, unless within forty-five days Congiess by concurrent resolution disapproves such production: Provided further, That such disapproval resolution be referred to the appropriate committee, and if the committee has not reported the resolution at the end of ten calendar days after its introduction, it is in order to move to discharge the committee from further consideration, which motion shall be privileged and shall not be debatable. A motion to proceed to the resolution shall be privileged and not be debatal)le. Debate on the resolution shall be limited to not more than ten houis which shall be equally divided between, and controlled by, the ^lajoiity Leader and the Minority Leader or their designees. Amendments to the resolution shall not be in order and debate on any debatable motion or point of order submitted by the (31iair shall be limited to not more than thirty minutes to be equally divided between, and controlled by, the mover and the Majority Leader or his designee. Motions to recommit the resolution or to reconsider the vote by which the resolution was disposed of shall not be received. PLANT

42 USC 5801 note.

AND CAIMTAL E Q U I P M K N T

For expenses of the Administration, as authoiized by law, in connection with the puichase and construction of plant and the acquisition of capital equipment and other expenses incidental thereto necessary in carrying out the purposes of the Energy Reorganization Act of 1974, including the ac(iuisiti(m or- condemnation of any real property or any facility or for plant or facility acquisition, construction, or expansion; puichase of not to exceed four Inmdred and sixty-six of which four hundred and sixteen are for replacement only, and hire of passenger motor vehicles; purchase of not to exceed two, and hire of aircraft; $1,601,849,000, to remain available until expended: Provided, That the amount appropriated in any other appropriation Act for " P l a n t and capital equipment" for the Energy Research and Development Administration for the fiscal year ending September 30, 1978, shall be merged with this appropriation. (jKOTirERMAL RESOURCES DEVELOPMENT

30 USC 1101 note.

FuND

For carrying out the Loan Guarantee and Interest Assistance Program as authorized by the Geothermal Energy Research, Developm(>nt, and Demonstration Act of 1974, $1.5,000,000, to remain available until expended: Provided, That the indebtedness guaranteed or committed to be guaranteed shall not exceed the aggregate of $300,000,000: Provided, further, That after September 2, 1984, no part of this or any other appropriatitm for the purposes of the Loan Guarantee and Interest Assistance Program shall be available for obligation.

�


text:
Page:United States Statutes at Large Volume 91.djvu/833

 PUBLIC LAW 95-96—AUG. 7, 1977

91 STAT. 799

SPECIAL FOREIGN CURRENCY PROGRAM

For payments in foreign currencies which the Treasury Department shall determine to be excess to the normal requirements of the United States, for necessary expenses of the Energy Kesearch and Development Administration, as authorized by law, $1,500,000, to remain available until expended: Provided, That this appropriation shall be available, in addition to other appropriations, to such office for payment in the foregoing currencies. GENERAL

PROVISION

SEC. 101. Not to exceed 5 per centum of appropriations made available for the current fiscal year for "Operating expenses" and "Plant and capital equipment" may be transferred between such appropriations, but neither such appropriation, except as otherwise provided herein, shall be increased by more than 5 per centum by any such transfers, and any such transfers shall be reported promptly to the Appropriations Committees of the House and Senate.

Funds, transfer. Report to congressional committees.

TITLE II—DEPARTMENT OF DEFENSE—CIVIL DEPARTMENT or

THE ARMY

CORPS OF ENGINEERS—CIVIL

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

For expenses necessary for the collection and study of basic information pertaining to river and harbor, flood control, shore protection, and related projects, restudy of authorized projects, and when authorized by law, surveys and studies of projects prior to authorization for construction, $103,646,000, to remain available until expended. C O N S T R U C T I O N, GENERAL

For the prosecution of river and harbor, flood control, shore protection, and related projects authorized by laws; and detailed studies, and plans and specifications, of projects (including those for development with participation or under consideration for participation by States, local governments, or private groups) authorized or made eligible for selection by law (but such studies shall not constitute a commitment of the Government to construction), $1,523,820,000, to remain available until expended: Provided, That no part of this appropriation shall be used for projects not authorized by law or which are authorized by law limiting the amount to be appropriated therefor, except as may be within the limits of the amount now or hereafter authorized to be appropriated: Provided further, That not to exceed $4,000,000 of this appropriation is available to carry out the purposes of the Endangered Species Act of 1973 (Public Law 93-205), as amended, including 16 USC 1531 cooperative efforts as contemplated by that Act to relocate endangered note. or threatened species to other suitable habitats as may be necessary to expedite project construction.

29-191+ 0

�


text:
Page:United States Statutes at Large Volume 91.djvu/834

 91 STAT. 800

PUBLIC LAW 95-96—AUG. 7, 1977 CONSTRUCTION,

-i-v

90 Stat. 891.

 * 1

GENERAL

(Kescission)

Appropriations provided under this head in the Public Works for Water and Power Development and Energy Research Appropriation Act, 1977, are hereby rescinded in the amount of $6,550,000. FLOOD CONTROL, MISSISSIPPI RIVER AND

16 USC 1531 "ote.

TRIBUTARIES

For expenses necessary for prosecuting work of flood control, and rescue work, repair, restoration, or maintenance of flood control projects threatened or destroyed by flood, as authorized by law (33 U.S.C. 702a, 702g-l), $253,081,000, to remain available until expended: Provided, That not less than $250,000 shall be available for bank stabilization measures as determined by the Chief of Engineers to be advisable for the control of bank erosion of streams in the Yazoo Basin, including the foothill area, and where necessary such measures shall complement similar works planned and constructed by the Soil Conservation Service and be limited to the areas of responsibility mutually agreeable to the District engineer and the State Conservationist: Provided further, That not to exceed $1,000,000 of this appropriation is available to carry out the purposes of the Endangered Species Act of 1973 (Public Law 93-205), as amended, including cooperative efforts as contemplated by that Act to relocate endangered or threatened species to other suitable habitats as may be necessary to expedite project construction. OPERATION AND M A I N T E N A N C E, GENERAL

For expenses necessary for the preservation, operation, maintenance, and care of existing river and harbor, flood control, and related works, including such sums as may be necessary for the maintenance of harbor channels provided by a State, municipality or other public agency, outside of harbor lines, and serving essential needs of general commerce and navigation; administration of laws pertaining to preservation of navigable waters; surveys and charting of northern and northwestern lakes and connecting waters; clearing and straightening channels; and lemoval of obstructions to navigation; $745,370,000, to remain available until expended. REVOLVING F U N D

For the design and construction of hopper dredges, $21,525,000, to remain available until expended. FLOOD CONTROL AND COASTAL EMERGENCIES

33 USC 701n.

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

For expenses necessary for general administration and related functions in the Office of the Chief of Engineers and offices of the Division Engineers; activities of the Board of Engineers for Rivers and Harbors and the Coastal Engineering Research Center; commercial statistics; and miscellaneous investigations; $56,800,000.

�


text:
Page:United States Statutes at Large Volume 91.djvu/835

 PUBLIC LAW 95-96—AUG. 7, 1977 SPECIAL RECREATION USE FEES

91 STAT. 801.

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

Appropriations in this title shall be available for expenses of attendance by military personnel at meetings in the manner authorized by 5 U.S.C. 4110, uniforms, and allowances therefor, as authorized by law (5 U.S.C. 5901-5902), and for printing, either during a recess or session of Congress, of survey reports authorized by law, and such survey reports as may be printed during a recess of Congress shall be printed, with illustrations, as documents of the next succeeding session of Congress; not to exceed $10,000 for official reception and representation expenses; and during the current fiscal year the revolving fund, Corps of Engineers, shall be available for purchase (not to exceed one hundred and ninety-five for replacement only), and hire of passenger motor vehicles: Provided. That the total capital of the revolving fund shall not exceed $851,600,000. TITLE III—DEPARTMENT OF THE INTERIOR

/

BUREAU OP RECLAMATION

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

For engineering and economic investigations of proposed Federal reclamation projects and studies of water conservation and development plans and activities preliminary to the reconstruction, rehabilitation and betterment, financial adjustment, or extension of existing projects, to remain available until expended, $25,106,000: Provided, That none of this appropriation shall be used for more than one-half of the cost of an investigation requested by a State, municipality, or other interest. CONSTRUCTION AND

REHABILITATION

For construction and rehabilitation of authorized reclamation projects or parts thereof (including power transmission facilities) and for other related activities, as authorized by law, to remain available until expended, $362,835,000, of which $245,000,000 shall be derived from the reclamation fund: Provided, That no part of this appropriation shall be used to initiate the construction of transmission facilities within those areas covered by power wheeling service contracts which include provision for service to Federal establishments and preferred customers, except those transmission facilities for which construction funds have been heretofore appropriated, those facilities which are necessary to carry out the terms of such contracts or those facilities for

-

�


text:
Page:United States Statutes at Large Volume 91.djvu/836

 91 STAT. 802

PUBLIC LAW 95-96—AUG. 7, 1977

which the Secretary of the Interior finds the wheeling agency is unable or unwilling to provide for the integration of Federal projects or for service to a Federal establishment or preferred customer: Provided further, That the final point of discharge for the interceptor drain for the San Luis Unit shall not be determined until development by the Secretary of the Interior and the State of California of a plan, which shall conform with the water quality standards of the State of California as approved by the Administrator of the Environmental Protection Agency, to minimize any detrimental effect of the San Luis drainage waters: Provided further, That of the amount herein appropriated not to exceed $400,000 for the Central Oregon Irrigation District shall be available for construction on a rehabilitation and betterment program under the Act of October 7, 1949 (63 Stat. 724), as 43 USC 504 and amended, to be repaid in full under conditions satisfactory to the Sec"o*^retary of the Interior: Provided further, That not to exceed $2,000,000 of this appropriation is available to carry out the purposes of the 16 USC 1531 Endangered Species Act of 1973 (Public Law 93-205), as amended, °°*®including cooperative efforts as contemplated by that Act to relocate endangered or threatened species to other suitable habitats as may be necessary to expedite project construction. CONSTKUCTION AND REHABILITATION

(Rescission)

90 Stat. 893.

Appropriations provided under this head in the Public Works for Water and Power Development and Energy Research Appropriation Act, 1977, are hereby rescinded in the amount of $2,200,000. UPPER COLORADO RIVER STORAGE PROJECT

• 43 USC 620d. 43 USC 620g.

For the Upper Colorado River Storage Project, as authorized by the Act of April 11, 1956, as amended (43 U.S.C. 620d), to remain available until expended, $71,066,000, of which $67,051,000 shall be available for the "Upper Colorado Riv^er Basin Fund" authorized by section 5 of said Act of April 11, 1956, and $4,015,000 shall be available for construction of recreational and fish and wildlife facilities authorized by section 8 thereof, and may be expended by bureaus of the Department through or in cooperation with State or other Federal agencies, and advances to such Federal agencies are hereby authorized: Provided, That no part of the funds herein approved shall be available for construction or operation of facilities to prevent waters of Lake Powell from entering any national monument. UPPER COLORADO RIVER STORAGE PROJECT

(Rescission)

90 Stat. 894.

Appropriations provided under this head in the Public Works for Water and Power Development and Energy Research Appropriation Vet, 1977, are hereby rescinded in the amount of $3,000,000. COLORADO RIVER BASIN

43 USC 1543. 43 USC 1521.

PROJECT

For advances to the Lower Colorado River Basin Development Fund, as authorized by section 403 of the Act of September 30, 1968 (82 Stat. 894), for the construction, operation, and maintenance of projects authorized by title III of said Act, to remain available until expended, $78,145,000.

�


text:
Page:United States Statutes at Large Volume 91.djvu/837

 PUBLIC LAW 9 5 - 9 6 — A U G. 7, 1977

91 STAT. 80.3

COLORADO KIVKK ItASIN SAI.INI'I'V (XiNTIiOI. rUO.TF/n'K

For coiislTiiction of projccls aiilhori/cd py ilic. Act of June, 24, 1!)74, I*iil)lic Law !).Va20, to nuriain available until cxi)('H(l(«(], $22,(7r>,(K)0.

43 USC 1.S71 note.

OI'KKATION A M) M A IN'I'KNA \ (K

For operation a/ul maintenance of reclamation projects or parls thereof and other facilities, as aulhori/ed by law; and for a soil and moistuT-e conservation pro<^ram on lands under the jurisdiction of the ]iure;ui of Iveclamation, pursujint to law, $ir)7,4(K),(K)0, of which $i:W,00,00 shall pe derived from the reclamation fund and $r),:}27,00 shall be derived from the (Jolorado Iviver Dam fund: Provided, That funds advanced by water users for- operation and maintenance of reclamation projects or parts thereof shall be deposited to the credit of this appropriation and may be expended for the same objects and in the same manner as sums appropriated herein may be expended, and such advances shall lemain available until expended. LOAN PROGRAM

For loans to irrigation districts and other public agenesias for construction of distribution systems on authorized Federal reclamation projects, and for loans and grants to non-Federal agencies for construction of projects, as authorized by the Act of July 4, 1955, as amended (4'5 U.S.C. 421a-421d), and August 6, 19.5f), as "amended (48 U.S.C. 422a-422k), including expenses necessary for carrying out the program, $27,753,000, to remain available until expended: Provided, That any contract under the Act of July 4, 19,5.5 (69 Stat. 244), as amended, not yet executed by the Secretary, which calls for the making 43 USC 421a. of loans beyond the fiscal year in which the contract is entered into shall be made only on the same conditions as those prescribed in section 12 of the Act of August 4, 1939 (53 Stat. 1187, 1197). 43 USC 388. GENERAL ADMINISTRATIVE

EXPENSES

For necessary expenses of general administration and related functions in the offices of the Commissioner of Reclamation and in the regional offices of the Bureau of Reclamation, $24,445,000, to be derived from the reclamation fund and to be nonreimbursable pursuant to the Act of April 19, 1945 (43 U.S.C. 377): Provided, That no part of any other appropriation in this Act shall be available for activities or functions budgeted for the current fiscal year as general administrative expenses. SPECIAL

FUNDS

Sums herein referred to as being derived from the Reclamation fund, the Colorado River Dam fund, or the Colorado River development fund, are appropriated from the special funds in the Treasury created by the Act of June 17, 1902 (43 U.S.C. 391), the Act of December 21, 1928 (43 U.S.C. 6 l 7 a), and the Act of July 19, 1940 (43 U.S.C. 618a) respectively. Such sums shall be transferred, upon request of the Secretary, to be merged with and expended under the heads herein specified; and the unexpended balances of sums transferred for expenditure under the heads "Operation and Maintenance" and "General Administrative Expenses" shall revert and be credited to the special fund from which derived.

�


text:
Page:United States Statutes at Large Volume 91.djvu/838

 91 STAT. 804

PUBLIC LAW 9 5 - 9 6 — A U G. 7, 1977 ADMINISTRATIVE

58 Stat. 487.

'

43 USC 377a.

TKOVISIONS

Appropriations for the Burciiu of Kcclamation shall bo available for purchase of not to exceed forty-one passenger motor vehicles of which t h i r t y shall be for replacement only; purchase of two aircraft for replacement only; payment of claims for daina<>es to or loss of property, personal injury, or death arising out of activities of the 13ureau of Keclamation; payment, except as otherwise provided for, of compensation and expenses of persons on the rolls of the liureau of Reclamation appointed as authorized by law to represent the United States in the negotiations and administration of interstate compacts without reimbursement or return under the reclanuition laws; for services as authorized by 5 U.S.C. 3109, in total not to exceed $65,000; rewards for information or evidence concerning viohitions of law involving property under the jurisdiction of the Bureau of lieclamation; performance of the functions specified under the head "Operation and Maintenance Administration", Bureau of lleclamation, in the Interior Department Appropriation Act, 1945; preparation and dissemination of useful information including recordings, photographs, and photographic p r i n t s; and studies of recreational uses of reservoir areas, and investigation and recovery of archeological and paleontological remains in such areas in the same manner as provided for in the Act of August 21, 1935 (16 U.S.C. 461-467): Provided, That no part of any appropriation made herein shall be available pursuant to the Act of April 19, 1945 (43 U.S.C. 377), for expenses other than those incurred on behalf of specific reclamation projects except "General Administrative Expenses" and amounts provided for reconnaissance, basin surveys, and general engineering and research under the head "General Investigations". Sums appropriated herein which are expended in the performance of reimbursable functions of the Bureau of Reclamation shall be returnable to the extent and in the manner provided by law\ No part of any appropriation for the Bureau of Reclamation, contained in this Act or in any p r i o r Act, which represents amounts earned under the terms of a contract but remaining unpaid, shall be obligated for any other purpose, regardless of when such amounts are to be p a i d: Provided, That the incurring of any obligation prohibited by this paragraph shall be deemed a violation of section 3679 of the Revised Statutes, as amended (31 U.S.C. 665). No funds appropriated to the Bureau of Reclamation for operation and maintenance, except those derived from advances by water users, shall be used for the particular benefits of lands (a) within the boundaries of an irrigation district, (b) of any member of a water users' organization, or (c) of any individual when such district, organization, or individual is in arrears for more than twelve months in the payment of charges due under a contract entered into with the United States pursuant to laws administered by the Bureau of Reclamation. Not to exceed $225,000 may be expended from the appropriation "Construction and Rehabilitation" for work by force account on any one project or Pick-Sloan Missouri Basin Program unit and then only when such work is unsuitable for contract or no acceptable bid has been received and, other than otherwise provided in this paragraph or as may be necessary to meet local emergencies, not to exceed 12 per centum of the construction allotment for any project from the appropriation "Construction and Rehabilitation" contained in this

�


text:
Page:United States Statutes at Large Volume 91.djvu/839

 PUBLIC LAW 95-96—AUG. 7, 1977

91 STAT. 805

Act, shall be available for construction work by force account: Provided, That this paragraph shall not apply to work performed under the Eehabilitation and Betterment Act of 1949 (63 Stat. 724). 43 USC 504 and note. ALASKA POWER ADMINISTRATION GENERAL INVESTIGATIONS

For engineering and economic investigations to promote the development and utilization of the water, power, and related resources of Alaska, $864,000, to remain available until expended: ProwWec?, That $20,000 of this appropriation shall be transferred to the United States Fish and Wildlife Service for studies, investigations, and reports thereon, as required by the Fish and Wildlife Coordination Act of 1958 (72 Stat. 563-565). 16 USC 661 note. OPERATION AND MAINTENANCE

For necessary expenses of operation and maintenance of projects in Alaska and of marketing electric power and energy, including purchase of not to exceed one passenger motor vehicle for replacement only, $1,231,000. BONNEVILLE POWER ADMINISTRATION

FUND

Expenditures from the Bonneville Power Administration Fund, established pursuant to Public Law 93-454, are hereby specifically 16 USC 838i. approved for purchase of three helicopters for replacement only; and for official reception and representation expenses not to exceed $1,500. SOUTHEASTERN POWER OPERATION AND

ADMINISTRATION

MAINTENANCE

For necessary expenses of operation and maintenance of power transmission facilities and of marketing electric power and energy pursuant to the provisions of section 5 of the Flood Control Act of 1944 (16 U.S.C. 825s), as applied to the southeastern power area, $1,143,000. SOUTHWESTERN POWER

ADMINISTRATION

CONSTRUCTION

For construction and acquisition of transmission lines, substations, and appurtenant facilities, and for administrative expenses connected therewith, in carrying out the provisions of section 5 of the Flood Control Act of 1944 (16 U.S.C. 825s), as applied to the southwestern power area, $4,312,000, to remain available until expended. OPERATION AND MAINTENANCE

For necessary expenses of operation and maintenance of power transmission facilities and of marketing electric power and energy pursuant to the provisions of section 5 of the Flood Control Act of 1944 (16 U.S.C. 825s), as applied to the southwestern power area, including purchase of not to exceed three passenger motor vehicles for replacement only, $8,193,000.

�


text:
Page:United States Statutes at Large Volume 91.djvu/840

 91 STAT. 806

PUBLIC LAW 95-96—AUG. 7, 1977 -

Emergency reconstruction.

Fire prevention.

Warehouses, garages, and shops.

Southwestern Power Administration.

GENERAL PROVISIONS, DEPARTMENT OF THE INTERIOR

SEC. 301. Appropriations in this title shall be available for expenditure or transfer (within each bureau or oifice), with the approval of the Secretary, for the emergency reconstruction, replacement, or repair of aircraft, buildings, utilities, or other facilities or equipment damaged or destroyed by fire, flood, storm, or other unavoidable causes: Provided., That no funds shall be made available under this authority until funds specifically made available to the Department of the Interior for emergencies shall have been exhausted. SEC. 302. The Secretary may authorize the expenditure or transfer (within each bureau or office) of any appropriation in this title, in addition to the amounts included in the budget programs of the several agenices, for the suppression or emergency prevention of forest or range fires on or threatening lands under jurisdiction of the iJepartment of the Interior. SEC. 303. Appropriations in this title shall be available for operation of warehouses, garages, shops, and similar facilities, wherever consolidation of activities will contribute to efficiency, or economy, and said appropriations shall be reimbursed for services rendered to any other activity in the same manner as authorized by the Act of June 30, 1932 (31 U.S.C. 686): Provided, That reimbursements for costs of supplies, materials, and equipment, and for services rendered may be credited to the appropriation current at the time such reimbursements are received. SEC. 304. No part of any funds made available by this Act to the Southwestern Power Administration may be made available to any other agency, bureau, or office for any purposes other than for services rendered pursuant to law to the Southwestern Power Administration. SEC. 305. Appropriations made to the Department of the Interior in this title shall be available for services as authorized by 5 U.S.C. 3109, when authorized by the Secretary, in total not to exceed $100,000. SEC. 306. Appropriations in this title shall be available for hire, maintenance, and operation of aircraft; hire of passenger motor vehicles; purchase of reprints; payment for telephone services in private residences in the field, when authorized under regulations approved by the Secretary; and the payment of dues, when authorized by the Secretary, for library membership in societies or associations which issue publications to members only or at a price to members lower than to subscribers who are not members. TITLE IV—INDEPENDENT OFFICE S APPALACHIAN KEGIONAL COMMISSION SALARIES AND EXPENSES

For necessary expenses of the Federal Cochairman and his alternate on the Appalachian Regional Commission and for payment of the Federal share of the administrative expenses of the Commission, including services as authorized by 5 U.S.C. 3109, and hire of passenger motor vehicles, $2,075,000.

�


text:
Page:United States Statutes at Large Volume 91.djvu/841

 PUBLIC LAW 9 5 - 9 6 — A U G. 7, 1977

9 1 STAT. 807

F U N D S AppRorRiAXED TO THE PRESIDENT APPALACHIAN REGIONAL DEVELOPMENT PROGRAMS

For expenses necessary to carry o u t the programs authorized by the Appalachian Eegional Development Act of 1965, as amended, 40 USC app. 1. except expenses authorized by section 105 of said Act, including serv- 40 USC app. 109. ices as authorized by 5 U.S.C. 3109, and hire of passenger motor vehicles, to remain available until expended, $323,700,000, of which $211,300,000 shall be available for the Appalachian Development H i g h w a y System, but no part of any appropriation in this Act shall be available for expenses in connection with commitments for contracts or g r a n t s for the Appalachian Development H i g h w a y System in excess of the total amount herein and heretofore appropriated. DELAWARE RIVER B A S I N

COMMISSION

SALARIES AND EXPENSES

For expenses necessary to carry out the functions of the United States member of the Delaware River Basin Commission, as authorized by law (75 Stat. 716), $87,000. CONTRIBUTION TO DELAWARE RIVER BASIN COMMISSION

For payment of the United States share of the current expenses of the Delaware River Basin Commission, as authorized by law (75 Stat. 706,707), $232,000. FEDERAL POWER

COMMISSION

SALARIES AND EXPENSES

For expenses necessary for the work of the Commission, as authorized by law, including hire of passenger motor vehicles, hire of aircraft, services as authorized by 5 U.S.C. 3109, and not to exceed $1,000 for official reception and representation expenses, $42,785,000. INTERSTATE COMMISSION ON THE POTOMAC RIVER CON'MIBUTION TO INTERSTATE COMMISSION POTOMAC RIVER BASIN

BASIN

ON THE

To enable the Secretary of the Treasury to pay in advance to the Interstate Commission on the Potomac River Basin the Federal contribution toward the expenses of the Commission during the current fiscal year in the administration of its business in the conservancy district established pursuant to the Act of July 11, 1940 (54 Stat. 748), as amended by the Act of September 25, 1970 (Public Law 91-407), $53,000. 33 USC 567b-l. ?^ucLEAR REGULATORY

COMMISSION

SALARIES AND EXPENSES

For necessary expenses of the Commission in carrying out the purposes of the Energy Reorganization Act of 1974, including the employ- 42 USC 5801 ment of aliens; services authorized by 5 U.S.C. 3109; publication and "o*^dissemination of atomic information; purchase, repair, and cleaning of

�


text:
Page:United States Statutes at Large Volume 91.djvu/842

 9 1 STAT. 808

PUBLIC LAW 9 5 - 9 6 — A U G. 7, 1977 uniforms; official entertainment expenses (not to exceed $10,000); reimbursement of the General Services Administration for security guard services; hire of passenger motor vehicles and aircraft; $281,423,000, to remain available until expended: Provided, That from this appropriation, transfer of sums may be made to other agencies of the Government for the performance of the work for which this appropriation is made, and in such cases the sums so transferred may be merged with the appropriation to which transfer r e d: Provided further, That moneys recei^^ed by the Commission for the cooperative nuclear safety research programs may be retained and used for salaries and expenses associated with those programs, notwithstanding the provisions of section 3617 of the Revised Statutes (31 U.S.C. 484), and shall remain available until expended. SUSQUEHANNA

RIVER B A S I N

COMMISSION

SALARIES AND EXPENSES

For expenses necessary to carry out the functions of the United States member of the Susquehanna River Basin Commission, as authorized by law (84 Stat. 1541), $88,000. CONTRIBUTION

TO SUSQUEHANNA RIVER BASIN COMMISSION

For payment of the United States share of the current expenses of the Susquehanna River Basin Commission, as authorized by law (84 Stat. 1530, 1531), $200,000. TENNESSEE

VALLEY

AUTHORITY

PAYMENT TO TENNESSEE VALLEY AUTHORITY F U N D

/ 16 USC 831. 1 Jj) 16 USC 1531 "ot^-

\ \ '

For the purpose of carrying out the provisions of the Tennessee Valley Authority Act of 1933, as amended (16 U.S.C. ch. 12A), including hire, maintenance, and operation of aircraft, and hire of passenger motor vehicles, $138,510,000, to remain available until expended: Provided, That not to exceed $2,000,000 of this appropriation is available to carry out the purposes of the E n d a n g e r e d Species Act of 1973 ( P u b lie Law 93-205), as amended, including cooperative efforts as contemplated by that Act to relocate endangered or threatened species to other suitable habitats as may be necessary to expedite project construction. WATER

RESOURCES

WATER R E S O U R C E S

I '

,

'

! '

COUNCIL PLANNING

For expenses necessary in carrying out the provisions of the W a t e r Resources P l a n n i n g Act of 1965 (42 U.S.C. 1962—1962d-3), as amended, including services as authorized by 5 U.S.C. 3109 and 42 U.S.C. 1962a-4(5), and hire of passenger motor vehicles (42 U.S.C. 1962a-4(6)), $13,696,000, to remain available until expended, including $1,158,000 for expenses in administering the Act (42 U.S.C. 1962 d (b)), $3,631,000 for preparation of assessments and plans (42 U.S.C. 1962d(c)), $3,006,000 for preparation of plans (33 U.S.C. 1289), $2,901,000 for expenses of river basin commissions under title II of the Act (42 U.S.C. 1962 d (a)), and $3,000,000 for grants to States under title III of the Act (42 U.S.C. 1962c (a)).

�


text:
Page:United States Statutes at Large Volume 91.djvu/843

 PUBLIC LAW 95-96—AUG. 7, 1977

91 STAT. 809

TITLE V—GENERAL PROVISIONS SEC. 501. No part of any appropriation contained in this Act shall Fiscal year remain available for obligation beyond the current fiscal year unless limitation, expressly so provided herein. This Act may be cited as the "Public Works for Water and Power Short title. Development and Energy Research Appropriation Act, 1978". Approved August 7, 1977.

LEGISLATIVE HISTORY: HOUSE REPORTS: No. 95-379 (Comm. on Appropriations) and No. 95-507 (Comm. of Conference). SENATE REPORT No. 95-301 (Comm. on Appropriations). CONGRESSIONAL RECORD, Vol. 123 (1977): June 13, 14, considered and passed House. June 30, July 1, 11-13, considered and passed Senate, amended. July 25, House agreed to conference report; receded and concurred in certain Senate amendments; receded and concurred in one Senate amendment with an amendment; Senate agreed to conference report; concurred in House amendment. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 13, No. 33: Aug. 8, Presidential statement.

�


text:
Page:United States Statutes at Large Volume 91.djvu/844

 91 STAT. 810

PUBLIC LAW 95-97—AUG. 12, 1977

Public Law 95-97 95th Congress An Act Aug. 12, 1977 [H.R. 7558]

Agriculture and related agencies appropriations, fiscal year 1978.

Making appropriations for Agriculture and Related Agencies programs for the fiscal year ending September 30, 1978, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for Agriculture and Related Agencies programs for the fiscal year ending September 30, 1978, and for other purposes; namely: TITLE 1—AGRICULTURAL PROGRAMS PRODUCTION, PROCESSING AND MARKETING OFFICE OF THE SECRETARY

For necessary expenses of the Office of the Secretary of Agriculture, including not to exceed $5,000 for employment under 5 U.S.C. 3109, $2,496,000; in addition to appropriations provided herein, the Secretary may transfer u p to $1,500,000 for salaries and expenses of personnel on detail to his office: Provided, That this appropriation shall be reimbursed from applicable appropriations in this Act for travel expenses incident to the holding of hearings as required by 5 U.S.C. 551-558: Provided further. That not to exceed $4,000 of this amount shall be available for official reception and representation expenses, not otherwise provided for, as determined by the Secretary. DEPARTMENTAL, ADMINISTRATION

For Budget, Fiscal and Management, $3,568,721; for General Operations, $1,670,217; for A D P Systems, $201,335; for Personnel Administration, $2,146,127; for E q u a l Opportunity, $1,444,600; for Information Services provided by the Office of Communication, including the dissemination of agricultural information and the coordination of informational work and programs authorized by Congress in the Department, $5,245,000; making a total of $14,276,000 for Departmental Administration to provide for necessary expenses for management support services to offices of the Department of Agriculture, and for general administration of the Department of Agriculture, repairs and alterations, and other miscellaneous supplies and expenses not otherwise provided for and necessary for the practical and efficient work of the Department of Agriculture, of which not to exceed $10,000 for employment under 5 U.S.C. 3109 and, not to exceed $1,585,000 may be used for farmers' bulletins and not less than two hundred thirty-two thousand two hundred and fifty copies for the use of the Senate and House of Representatives of part 2 of the annual report of the Secretary (known as the Yearbook of Agriculture) as authorized by 44 U.S.C. 1301: Provided, That in the preparation of motion pictures or exhibits by the Department, this appropriation shall be available for employment pursuant to the second sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225).

�


text:
Page:United States Statutes at Large Volume 91.djvu/845

 PUBLIC LAW 9 5 - 9 7 — A U G. 12, 1977

9 1 STAT. 8 1 1

ECONOMIC MANAGEMENT SUPPORT CENTER

For necessary expenses of the Economic Management S u p p o r t Center to provide management support services to selected agencies of the Department of Agriculture, $3,006,000: Provided, That this appropriation shall be available for employment pursuant to the second sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $25,000 shall be available for employment under 5 U.S.C. 3109. OFFICE or

THE INSPECTOR

GENERAL

For necessary expenses of the Office of the Inspector General, Funds, transfer, including employment pursuant to the second sentence of section 706(a) of the Organic Act of 1944 (7 U S. C. 2225), and not to exceed $10,000, for employment under 5 U.S.C. 3109, $20,204,000,. and in addition, $8,231,000 shall be derived by transfer from the appropriation, "Food S t a m p Program " and merged with this appropriation. OFFICE OF THE GENERAL

COUNSEL

For necessary expenses, including payment of fees or dues for the use of law libraries by attorneys in the field service, $9,450,000. FEDERAL G R A I N

INSPECTION

SERVICE

For necessary expenses to carry out the provisions of the United States G r a i n Standard s Act, as amended, and the standardization 7 USC 71. activities related to grain under the Agricultural Marketing Act of 1946, as amended, including field employment pursuant to section 7 USC 1621 note. 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $50,000 for employment under 5 U.S.C. 3109, $11,000,000: Provided, That this appropriation shall be available pursuant to law (7 U.S.C. 2250) for the alteration and repair of buildings and improvements, but, unless otherwise provided, the cost of altering any one building during the fiscal year shall not exceed 10 per centum of the current replacement value of the building: Provided further, That none of the funds provided by this act may be used to pay the salaries of any person or persons who require non-export, non-terminal interior elevators to maintain records not involving official inspection or official weighing in the United States under Public Law 94-582 other than 7 USC 71 note, those necessary to fulfill the purposes of such act. AGRICULTURAL

RESEARCH

SERVICE

For necessary expenses to enable the Agricultural Research Service to perform agricultural research and demonstration relating to production, utilization, marketing, and distribution (not otherwise provided for), home economics or nutrition and consumer use, and for acquisition of lands by donation, exchange, or purchase at a nominal cost not to exceed $100, except that the foregoing limitation shall not apply to the acquisition of lands for the United States Pecan Field Station at Brownwood, Texas, $324,859,000: Provided, That appropriations hereunder shall be available for field employment pursuant to the second sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $75,000 shall be available for employment under 5 U.S.C. 3109: Provided further, That appropri- 7 USC 2254. ations hereunder shall be available for the operation and maintenance

�