text:
Page:United States Statutes at Large Volume 88 Part 1.djvu/1096

 1052

PUBLIC LAW 93-407-SEPT. 3, 1974

[88 STAT.

PART 2—^AUTHORITY AND PROCEDURE TO ESTABLISH READ PROPERTY TAX RATES SUBPART A D.C. Code 47 631.

REAL PROPERTY TxVX RATE

SEC. 411. Notwithstanding the provisions of the Act of June 2, 1922 (D.C. Code, sec. 47-501), there is hereby levied for each fiscal year a tax on the real property in the District of Columbia at a rate determined according to the provisions of this title. Unless otherwise provided by law, all revenues received from such tax shall be deposited, from time to time, in the Treasury of the United States, to the credit p. of the District of Columbia. Dx.'code^ 47?' SEC. 412. The Council, after public hearing, shall establish each year, ' 2. within thirty days after receipt of the Commissioner's recommendation under section 413, a rate of taxation which, except as provided in section 431, shall be applied, during the tax year, to the assessed value of all real property subject to taxation. The Council may by resolution extend the time for any year for setting such rate of taxation, except that if the Council does make such an extension, it must establish such a rate for that tax year. If the Council fails to establish such a rate within such thirty days, and fails to extend the time for establishing such a rate, the rate calculated by the Commissioner, pursuant to section 413, shall be the rate for that tax year. D.C. Code 47SEC. 413. (a)(1) Except as provided in paragraph (2), by July 15 633. of each year, the Commissioner shall calculate and submit to the Council a proposed real property tax rate for the tax year, and inform the Council of his certification of the assessment roll pursuant to section 426(g). The Commissioner may extend the period for submitting such recommendation. (2) With respect to the real property tax rate for the fiscal year ending June 30, 1975, the Commissioner shall submit his recommendation to the Council within 30 days after the date of enactment of this title. (b) At the time the Commissioner submits to the Council the proposed real property tax rate under subsection (a), he shall also submit the following: (1) The total aggregate assessed value of taxable real property for the year preceding the tax year by major class or type of property. (2) The estimated total aggregate assessed value of taxable real property for the tax year for which the property tax rate recommendation is being made, by major class or type of property, indicating separately for each class or type the estimated value attributable to new construction, (3) The real property tax rate (rounded to the nearest penny) calculated to yield in the tax year the same amount of revenue (exclusive of the revenue attributable to new construction) as was raised by that tax at the rate applicable during the year preceding the tax year. (c) The real property tax rate submitted by the Commissioner pursuant to subsection (a) shall become the real property tax rate applicable during the tax year for which it is submitted unless the Council acts to set a different such rate pursuant to section 412. (d) On or before February 1 of each year the Commissioner shall estimate as closely as possible the rate to be calculated in subsection (a) and shall so inform the Council. (e) The real property tax rate applicable in the District for the fiscal year ending June 30, 1975, calculated according to the provisions of sections 411,412,413, and 461, shall be applied to the assessment roll

�


text: Page:The Eurypterida of New York Volume 1.pdf/440

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


text:
Page:United States Statutes at Large Volume 88 Part 1.djvu/1097

 88 STAT. ]

PUBLIC LAW 93-407-SEPT. 3, 1974

1053

for 1975 determined according to provisions of law in effect prior to the effective date of this Act. SEC. 414. At the time the Commissioner submits to the Council the ^ c - code 47proposed real property tax rate under section 413, he shall also submit the following: (1) The total aggregate assessed value of real property exempt from the real property tax levied in the District for the current fiscal year by major class or type of exempt status and the tax that would have been paid during such fiscal year had such property not been exempt. (2) The estimated total aggregate assessed value of real property exempt from the real property tax levied in the District by major class or type of exempt status and the tax that would be paid during the fiscal year under the real property tax rate proposed by the Commissioner pursuant to section 413. SEC. 415. I n establishing a real property tax rate the Council shall 635. ^°'^'' •*•'" ^^^•*^make a comparison of tax rates and burdens applicable to residential and nonresidential property in the District with those such rates applicable to such property in jurisdictions in the vicinity of the District. The comparison shall include other major taxes in addition to the tax on real property. Without in any way limiting the authority of the Council, it is the intention of (congress that tax burdens in the District be reasonably comparable to those in the surrounding jurisdictions of the Washington metropolitan area. D SEC. 416. The Commissioner shall, by June 30 of each year, compile 636.. C. Code 4 7 and publish information regarding the relative amount of tax for all major taxes in the District compared with those in surrounding jurisdictions in the Washington metropolitan area and with those in other cities. The information shall include the rate of the property tax levied on residential and nonresidential property, and the effect of major taxes levied on families of different income levels and on businesses. SUBPART B

ASSESSMENT AND

ADMINISTRATION

SEC. 421. (a) The assessed value of all real property shall be listed, °'^" *^°'^'' '^'^' on the assessment roll for real property taxation purposes annually as provided in this part. The assessed value for all real property shall be the estimated market value of such property as of January 1 of the year preceding the tax year, as determined by the Commissioner. I n determining estimated market value for various kinds of real property the Commissioner shall take into account any factor which might have a bearing on the market value of the real property including, but not limited to, sales information on similar types of real property, mortgage, or other financial considerations, reproduction cost less accrued depreciation because of age, condition, and other factors, income earning potential (if any), zoning, and government-imposed restrictions. Assessments shall be based upon the sources of information available to the Commissioner which may include actual view. (b) All real property shall be assessed no less frequently than once every two years, and as soon as practicable such assessment shall be made annually. The Council may authorize and direct assessments to be made annually for some or all classes of real property, except that for fiscal year 1978, and for each fiscal year thereafter, all real property shall be assessed on an annual basis. (c) The Council may adopt regulations concerning the assessment Regulations. and reassessment of real property and matters relating thereto which shall be consistent with the provisions of this title and other applicable provisions of law.

�


text:
Page:United States Statutes at Large Volume 88 Part 1.djvu/1098

 1054 Regulations.

Regulations.

Real property, assessment. D.C. Code 47642.

Assessors, pointment.

D.C. Code 47643.

Preliminary a s s e s s m e n t roll. D.C. Code 47644.

Public inspection.

PUBLIC LAW 93-407-SEPT. 3, 1974

[88

STAT.

(d) The Council may adopt regulations regarding information to be furnished the Commissioner by owners of real property. Such regulations shall provide, under penalty of law, that all such information with respect to income derived from investment on incomeproducing real property shall be handled in the same confidential manner as income tax returns and supporting data required to be submitted to the government of the District of Columbia under laws applicable in the District. (e) The Commissioner shall submit to the Council, within fortyfive days after the date of enactment of this title, proposed regulations to be adopted by the Council pursuant to subsection (c). (f) Consistent with the provisions of this Act and regulations of the Council, the Commissioner shall promulgate necessary regulations and administrative orders. If the Council shall not have adopted regulations concerning assessment pursuant to subsection (c) within ninety days after the date of enactment of this title, the Commissioner shall promulgate such regulations. SEC. 422. (a) The Commissioner shall assess all real property, identifying separately the value of land and improvements thereon, and administer and collect the real property tax within the District. The Commissioner shall also notify owners of real property of assessments and of appeal procedures. In addition, he shall maintain adequate records relating to the administration of the real property tax in the District, and provide appropriate public information concerning such tax. (b) The Commissioner shall appoint assessors competent to determine values of real property to carry out the provisions of this title and other relevant portions of this title. Each person so appointed shall take and subscribe an oath to diligently, faithfully, and impartially assess all real property according to applicable law and regulations and otherwise perform the duties of office. (c) The Commissioner shall assure that infornuition regarding the characteristics of real property, sales and exchanges of all such prop^ erty, building permits, land use plans, and any other information pertinent to the assessment process shall be made available to the Jissessors on a timely basis. SEC. 423. (a) All real property, except as hereinafter provided, shall be assessed in the name of the owner, or trustee or trustees of the owner thereof. All undivided real property of a deceased person may be assessed in the name of such deceased person until such undivided real property is divided according to law, or has otherwise passed into the possession of some other person; and all real property, the ownership of which is unknown, shall be assessed as owner unknown. (b) All real property, whether taxable or not, shall be assessed according to the address and the number of the squares and lots thereof, or part of lots, and upon the number of the square or superficial feet in each square or lot or part of a lot. SEC. 424. (a) The Commissioner shall, on or before March 1 of each year, compile in tabular form and place in a book, known as the preliminary assessment roll, the name of the owner, address, lot and square, amount, description, and value, as of January 1 of that year, of the land and improvements of all real property whether such property is taxable or exempt. (b) The preliminary assessment roll, together with all maps, field books, assessment-sales ratio studies, surveys, and plats, shall be open to public inspection during normal business hours. I n addition, any notes and memorandums relating to the assessment of his real property, or a statement clearly indicating the basis upon which his real property has been assessed, shall be open to inspection by the taxpayer or his

�


text:
Page:Boys of Columbia High on the River.djvu/135

Rh things are pointing it will not be long before they reach that goal. Some one did it, and that shows what a reckless spirit may be loose in the community. I've had some unpleasant experiences with this wanton spirit that is at large, and can never forgive the humiliation it caused me."

"Well, sir; I believe that I can also testify to something in that line, although I am a stranger here, and have certainly done nothing to provoke a feeling of hostility among the fun-loving boys," and the other shrugged his shoulders as he thus expressed himself.

"How was that, sir?" asked the music-master, moodily.

"I attended the circus with my two small boys. This was about a month back. We happened to stand up at one time when the whole audience arose to stretch. When I sat down again I did not notice anything wrong. But as the show closed, upon attempting to leave I found that I was glued fast to the board. Some miscreant had, from underneath, coated the board with glue or some similar substance while I stood."

The professor smiled in a commiserating manner.

"But you secured your release finally, of course?" he asked.

"I did, but paid the penalty for my rashness by ruining my best trousers, for I left a portion of


text:
Page:United States Statutes at Large Volume 88 Part 1.djvu/1099

 88 STAT. ]

PUBLIC LAW 93-407-SEPT. 3, 1974

1055

designated representative during normal business hours. Provision shall be made to furnish copies of all material to any pei^son, upon request, at the lowest charge which covers cost of making such copies. (c) The Commissioner shall undertake, publish, and otherwise publicize the results of assessment-sales ratio studies for different types of real property for the entire District and for different types of real property within each of the districts utilized in making assessments. If, for a given year, adequate sales data are lacking for particular studies, the Commissioner shall so indicate. (d) The Commissioner shall, either himself or in a newspaper of general circulation, publish a listing of the assessed value of each property by address, lot, and square, and he shall also make such listing available at the main public library in the District and at such other points as he may determine. Such publication can be by neighborhood areas so long as maps showing the assessment areas are generally available. SEC. 425. Beginning as soon as possible after January 1, but no later than March 1 of each year, each taxpayer shall be notified of the assessment of his real property for the next fiscal year. The notice, or statement accompanying the notice, shall include— (1) the address, lot, square, and type of land use by major category of the property; (2) the assessed value of the land and improvements (shown separately and in total) of the property for the next fiscal year and such amounts for the previous fiscal year; (3) the amount and percentage of change in assessed value over the previous fiscal year; (4) an indication of the reason for such change in assessment, such as, but not limited to, improvements to the property, zoning change, changing market values; (5) statement of appeal procedures pursuant to section 426(i); (6) the citation to the regulations or orders under which the property was assessed; (7) the location of the assessment roll, studies, and notes referred to in sections 424 and 426(g) and the hours during which the information is available; (8) theavailability of a listing of the assessed value of property referred to in section 424(c); and (9) an explanation of all special benefits, incentives, limitations, or credits which relate to real property taxes as a result of this or any other Act. SEC. 426. (a) There is established a Board of Equalization and T»

•

!•

1

T^'

• j_

/I

•

(•

•

1 •

• 1

/•

1

1

copies, ^J^^^l^i^^^i^^ies, publication.

^/"^H^^^^ ^"l^^^"" n'catron"^^' ^"

D°c'''code 47545!

. B°ard of Equal-. ization and Re-

Jieview tor the District (heremarter m this title referred to as the view for the DIS"Board"') which shall be composed of fifteen members, a majoiity of '"Elt°abiish^'^t^ whom shall be residents of the District, appointed by the Cominis- membersMp!"^" ' sioner, with the advice and consent of th.e Council. The Council may °-^- ^°'^^ '^^" authorize a larger size if the caseload so requires. Members of the Board shall be persons having knowledge of the valuation of property, real estate transactions, building costs, accounting, finance, or statistics. The Commissioner shall name one member as Chairman. None chairman. of the members may be officers of the District of Columbia government. Each member shall serve for a term of five yeare, except of the Term. members first appointed under this section, the Commissioner shall designate equal numbers for terms of one, two, three, four, and five years. The terms of the members first appointed under this section shall begin on January 1, 1975. Any person appointed to fill a vacancy shall be appointed to serve for the remainder of the term during which the vacancy arose. Each member shall receive compensation at a rate compensation. to be determined by the Council unless otherwise prohibited by law,

�


text:
Page:Aesthetic Papers.djvu/199

Rh

accept the motto,—"That government is best which governs least;" and I should like to see it acted up to more rapidly and systematically. Carried out, it finally amounts to this, which also I believe,—"That government is best which governs not at all;" and when men are prepared for it, that will be the kind of government which they will have. Government is at best but an expedient; but most governments are usually, and all governments are sometimes, inexpedient. The objections which have been brought against a standing army, and they are many and weighty, and deserve to prevail, may also at last be brought against a standing government. The standing army is only an arm of the standing government. The government itself, which is only the mode which the people have chosen to execute their will, is equally liable to be abused and perverted before the people can act through it. Witness the present Mexican war, the work of comparatively a few individuals using the standing government as their tool; for, in the outset, the people would not have consented to this measure.

This American government,—what is it but a tradition, though a recent one, endeavoring to transmit itself unimpaired to posterity, but each instant losing some of its integrity? It has not the vitality and force of a single living man; for a single man can bend it to his will. It is a sort of wooden gun to the people themselves; and, if ever they should use it in earnest as a real one against each other, it will surely split. But it is not the less necessary for this; for the people must have some complicated machinery or other, and hear its din, to satisfy that idea of government which they have. Governments show thus how successfully men can be imposed on, even impose on themselves, for their own advantage. It is excellent, we must all allow; yet this government never of itself furthered any enterprise, but by the alacrity with which it got out of its way. It does not keep the country free. It does not settle the West. It does not educate. The

title: Page:Aesthetic Papers.djvu/199


text:
Page:United States Statutes at Large Volume 88 Part 1.djvu/1100

 1056

noL^^^ ^222

Meetings.

^pp^^^A s s e s s m e n t revisions.

D.C. Code 47 2403, 2413.

D.C. Code 47647.

PUBLIC LAW 93-407-SEPT. 3, 1974

[88 STAT.

but not to exceed one two-thousandth of the annual salary of the highest step of grade 15 of the General Schedule in section 5332 of title 5 of the United States Code for each hour such member is engaged in the actual performance of duties vested in the Board. (b) The Commissioner shall provide such other support as is needed for the efficient operation of the Board. ^^^ 'pj^^ Board shall convene as business necessitates from the first Monday in January until the Commissioner shall be presented with the assessment roll for the fiscal year as provided in subsection (g). The Board shall also convene as business necessitates for a period of thirty days following any special assessment which shall be generally applicable to a class of real property, and as business in the Board otherwise makes necessary. (d) A majority of the Board shall constitute a quorum for transacting business, except the Board may provide for the establishment of three member panels for hearing and deciding individual appeals. The Board shall adopt and publish necessary rules, and all applicable provisions of the District of Columbia Administrative Procedures Act (D.C. Code, secs. 1-1501—1-1510) shall apply to the rules and procedure of the Board. (e) On or before April 15 of each year any taxpayer may appeal the amount of his assessment for the forthcoming fiscal year. (f) Pursuant to applicable provisions of law, regulations adopted by the Council, or orders of the Commissioner, the Board shall attempt to assure that all real property is assessed at the estimated market value. Based on the record of complaints or of other information available to or solicited by the Board, the Board shall raise or lower the estimated market value of any real property which it finds to be more than 5 per centum above or below the estimated market value contained in the preliminary assessment roll prepared by the Commissioner according to section 423 and shall revise the assessment roll accordingly. (g) On or before June 1 the Board shall present the revised assessment roll for the forthcoming fiscal year to the Commissioner. The Commissioner shall make such further revisions to the assessment roll as are required under other applicable provisions of law, and shall approve such assessment roll not later than June 30. Except as otherwise provided by law, the approved assessment roll shall constitute the basis of assessment for the forthcoming fiscal year and until another assessment roll is made according to law. (h) Neither the Board nor any court shall order the increase of the assessed value of any parcel of real property above its estimated market value, nor the decrease of the assessed value of any parcel of real property below its estimated market value solely on the basis of average ratio studies comparing sales and assessments, unless such studies are the primary basis for the assessment, or reassessment of the concerned property. (i) Any person aggrieved by any assessment, equalization, or valuation made, may, by October 15 of the calendar year in which such assessment, equalization, or valuation is made, appeal from such assessment, equalization, or valuation in the same manner and to the same extent as provided in sections 3 and 14 of title IX of the Act of August 17, 1937 (D.C. Code, secs. 47-2404,47-24143), if such person shall have first made his complaint to the Board respecting such assessment as herein provided, except that in any case where no notice in writing of such increase of valuation was given the taxpayer prior to March 15 of the particular year, no such complaint shall be required for appeal. SEC. 427. Each assessor of the District, and each assistant assessor, in the discharge of any of his duties, or the Board, may administer

�


text:
Page:United States Statutes at Large Volume 88 Part 1.djvu/1101

 88 STAT. ]

PUBLIC LAW 93-407-SEPT. 3, 1974

1057

all necessary oaths or affirmations. The Commissioner or, in his absence, subpenas. his designated agent, and the Chairman of the Board, shall have power to summon the attendance of any person to be examined under oath touching such matters and things as the Commissioner or the Board may deem advisable in the discharge of their duties; and any member of the Metropolitan Police force of the District of Columbia may serve subpenas in his behalf. Such fees shall be allowed witnesses Witness f e e s. so examined, to be paid out of funds available to the Commissioner, as are allowed in civil actions before the United States District Court for the District of Columbia. Any person summoned and examined as aforesaid who shall knowingly make false oath or affirmation shall be guilty of perjury, and upon conviction thereof be punished according to the laws in force for the punishment of perjury. l SEC. 428. Within one year after the date of enactment of this title the c aCe a s s action s s. Superior Court of the District of Columbia shall establish a method ^ D.C! code 47 which it deems appropriate by which class action cases regarding any 6 4 8. matter relating to real and personal property taxes may be brought before the Superior Court. Viola SEC. 429. Any person who shall refuse or knowingly neglect to per- penalty.t i o n s, form any duty enjoined on him by law, or who shall consent to or " D.c/code 47connive at any evasion of the provision of the first section of the Act of ^'*^D.C. March 3, 1881 (D.C. Code, sec. 47-209), or section 13 of the Act of 301. Code 47August 14, 1894 (D.C. Code, sec. 47-606), or any other provision of this title shall, for each offense, be removed from office and fined not more than $10,000, or imprisoned for no longer than one year, or both, in the discretion of the court. SUBPART C MODIFIED H O M E O W N E R E X E M P T I O N TO PREVENT S H I F T OF THE T A X BURDEN TO LOW^ A N D MODERATE I N C O M E F A M I L I E S W H O R E N T OR O W N SINGLE F A: M I L Y H O M E S

SEC. 430. (a) Tn order that the shift to equalized assessment at the same percentage of estimated market value for all properties not result in increases in proportionate tax burden for households of low or moderate income who own or rent property identified on the assessment roll as row dwellings, detached dwellings, or semi-detached dwellings, the Council by regulation is authorized to provide that the amount of up to $3,000 of market value may be deducted from the estimated market value of «ome or all of such property. (b) Subsection (a) shall take effect on and after July 1, 1974.

D.C. Code 47650.

Effective date

SUBPART D TAX I N C E N T I \ T 5 S FOR R E H A B I L I T A T I O N OF PROPERTY AND N E W CONSTRUCTION I N AREAS OF THE C I T Y AND FOR THE PRESERVATION OF HISTORIC PROPERTY

S E C 431. (a) The Council shall, within one year after the date of i,,"^^;'"^' "'^"" enactment of this title, after public hearing, adopt regulations provid- D.C. code 47ing tax incentives for the rehabilitation of existing structures and for ''Si. new construction, including rehabilitation or construction of commercial property, located in areas of the District as designated by the Council. The Council shall also adopt regulations providing tax incentives for the rehabilitation and maintenance of historic property. Such tax incentives may include, but are not limited to— (1) establishing different tax rates for land and for improvements thereon; and (2) providing that any increase in assessed value of improvements resulting from rehabilitation or new construction be ignored for tax purposes for up to five years from the year of such reassessment.

�


text:
Page:United States Statutes at Large Volume 88 Part 1.djvu/1102

 1058

PUBLIC LAW 93-407-SEPT. 3, 1974

[88 STAT.

(b) To be eligible for incentive under this section, historic property must be property designated as an historic landmark and conform to the provisions of subpart E. SUBPART E D.C. Code 47652.

D.C. Code 47653.

D.C. Code 47654.

TAX R E L I E F FOR CERTAIN H I S TO R I C PROPERTIES

SEC. 432. For certain officially designated historic property in the District, the Commissioner shall, in addition to assessing at full market value, assess land and improvement on the basis of current use and structures of the property, which latter assessment, if it is less than full market value, shall be the basis of tax liability to the District. SEC. 433. To be eligible for historic property tax relief, real property must be historic property designated by the Joint Committee on Landmarks of the National Capital Planning Commission and the Commission on Fine Arts, and, in addition, must be approved by the Commissioner under section 434. SEC. 434. The Council may provide that the owners of properties which have been designated historic landmarks by the Joint Committee on Landmarks of the National Capital Planning Commission and the Commission of Fine Arts may enter into agreements with the government of the District of Columbia for periods of at least twenty years which will assure the continued maintenance of historic properties in return for property tax relief. Such a provision shall, as a condition for tax relief, require reasonable assurance that such property will be used and properly maintained and such other conditions as the Council finds to be necessary to encourage the preservation of historic property. The Council shall also provide for the recovery of back taxes, with interest, which would have been due and payable in the absence of the exemption, if the conditions for such exemption are not fulfilled. SUBPART F — T A X DEFERRAL

D.C. Code 47655.

Interest.

SEC. 435. (a) An eligible taxpayer may defer each year any real property tax owed in excess of 110 per centum of his immediately preceding year's real property tax liability. To be eligible for such deferral the taxpayer must— (1) have owned for at least five years the residential real property for which deferral is claimed; (2) certify that the combined household adjusted gross income (for purposes of District income taxes) does not exceed $20,000 in one year; (3) file a written request for deferral on a form prescribed by the Commissioner; (4) certify that such residential real property is the principal place of residence of the taxpayer; (5) certify that the zoning classification of such residential property has not changed in the immediately past fiscal year; (6) certify that increases in the assessed valuation of such residential real property attributable to improvements which increase the intrinsic value of such residential real property are not included in the calculation of the increase in real property tax payable; and (7) certify that the assessment of such residential real property for the immediately previous fiscal year was not the result of an obvious arithmetical error. (b) Taxes deferred under this section shall bear interest compounded annually. The rate of interest which shall be applied in each year shall be the average Treasury bill rate for the preceding twelve months as certified by the Secretary of the Treasury to the Commissioner.

�


text:
Page:United States Statutes at Large Volume 88 Part 1.djvu/1103

 88 STAT. ]

PUBLIC LAW 93-407-SEPT. 3, 1974

1059

(c) Xo further deferrals of real property tax shall be granted a Limitation. taxpayer when his deferred tax plus interest equals more than 10 per centum of the current assessed value of his property. (d) Taxes deferred under this section, together with all accumulated ^. Preferential interest, shall constitute a preferential lien upon the real property which shall be immediately payable by the seller, transferor, or conveyor whenever the real property is sold, refinanced, transferred, or conveyed in any manner, or whenever additional co-owners (other than spouse) are added to the real property, SKC. 436. (a) Any owner of residential real property whose com- ^•'^- code 47bined household adjusted gross income is in excess of $20,000, and who meets the qualifications specified in clauses (1), (3), (4), (5), and (6) of subsection (a) of section 435, may defer the amount of real property tax attributable to an increase by more than 25 per centum in any one year over the assessment of the immediately previous fiscal year. For the purposes of this section and section 435, for the fiscal year 1975 the assessed value of all properties assessed at 55 per centum of estimated market value shall be the assessed value of the property divided by 0.55, (b) Taxes deferred under this section shall bear interest com- interest. pounded annually. Notwithstanding any other provision of law, the rate of interest which shall be applied in each year is the average Treasury bill rate for the preceding twelve months as certified by the Secretary of the Treasury to the Commissioner, (c) No further deferrals of real property tax shall be granted a Limitation. taxpayer when his deferred tax plus interest equals more than 10 per centum of the current assessed value of his property, Preferential (d) Taxes deferred under- this section, together with all accumulated lien. interest, shall constitute a preferential lien upon the property which shall be immediately payable by the seller, transferor, or conveyor whenever the property is sold, refinanced, transferred, or conveyed in any manner, or whenever additional co-owners (other than spouse) are added to the property. (e) The deferral provided in this section shall terminate June 30, Termination date. 1079 unless specifically extended by the Council. SUBPART G-—DISPOSAL OF TAX D E L I N Q U E N T PROPERTY TO ENCOURAGE HOMEOWNERSHIP

SEC. 437. Notwithstanding any other provision of law, whenever any real property in the District of Columbia has been, or shall hereafter be, offered for sale for nonpayment of taxes or assessments of any kind whatsoever, and shall have been bid off in the name of the District of Columbia, and two years or more have elapsed since such property was bid off as aforesaid, and the same has not been redeemed as provided by law, the Commissioner of the District may enforce the lien of the District for taxes or other assessments on such real property by ordering that a deed in fee simple to such property be issued by the Commissioner of the District of Columbia to the District of Columbia, and up to the time of the issuance of the deed such property may be redeemed by the owner or other person having an interest therein by the payment of all taxes or assessments due the District of Columbia upon said property, and all legal penalties, interest and costs thereon, together with such other expenses and costs, including costs of publication, as may have been incurred by the District. SEC. 438. The Council is hereby authorized to establish a program whereby title to properties acquired by tax sale pursuant to section

D.C. Code 47657.

D.C. Code 47658.

�


text:
Page:United States Statutes at Large Volume 88 Part 1.djvu/1104

 1060

PUBLIC LAW 93-407-SEPT. 3, 1974

[88 STAT.

437 may, for whatever sum it deems appropriate, be transferred to persons meeting criteria which shall be established by the Council, who guarantee to pay taxes on and to live in the property for at least five years, and who give assurance of bringing such property into reasonable compliance with the building code in the District. PART 3—REAL AND PERSONAL PROPERTY TAX EXEMPTIONS

l^c^'cldfTy^-' 801a.'

SEC. 441. The first section of the Act of December 24, 1942 (D.C. Code, sec. 47-801 (a)) is amended, on and after July 1, 1974, by adding at the end thereof the following: "(s) Buildings owned by and actually occupied and used for legitimate theater, music, or dance purposes by a corporation which is not organized or operated for commercial purposes or for private gain, which buildings are open to the public, generally, and for admission to which charges may be made to cover the cost of expenses." ro'ert°^ ^ublicl^^^- ^^^' "^^^ CommissioncT shall publish, by class and by individual tion. ' property, a listing of all real property exempt from the real property D.C. Code 47- " tax in the District. Such listing shall include the address, lot, and square, the name of the owner, the assessed value of the land and improvements of such property, and the amount of the tax exemption in the previous fiscal year. PART 4—PROPERTY TAX CREDIT FOR DISTRICT or COLUMBIA RESIDENTS Effective date. D.C. Code 471567.

D^C. Code 47-

1567g

SEC. 451. Effective January 1, 1975, title VI of the District of Columbia Income and Franchise Act of 1947 is amended by adding at the end thereof the following new section: " SEC. 7. CREDIT FOR PROPERTY TAXES ACCRUED AND PAYABLE BY DISTRICT OF COLUMBIA RESIDENTS.— (a)(1) For purposes of providing relief to certain District of Columbia residents who own or rent their principal place of abode and who reside in same, a credit shall be allowed to the eligible claimant equal to the amount by which all or a portion of real property taxes the taxpayer pays, or rent paid constituting property taxes, on his principal place of residence for the taxable year, exceeds a percentage (determined under subsection (a)(2)) of his household gross income for that year. "(2) The percentage required under paragraph (1) of this subsection to be determined under this subsection for taxpayers shall be the percentage specified in the following table: The percentage of property tax paid on the first "If household gross $400 of property tax, or rent constituting propincome is: erty tax, which shall constitute credit is: Under $3,000 80 per centum of tax in excess of 2 per centum of income. $3,000 to $4,999 70 per centum of tax in excess of 3 per centum of income. $5,000 to $6,999 60 per centum of tax in excess of 4 per centum of income. "(b) DEFINITIONS.—For purposes of this section: "(1)(A) The term 'household gross income' means gains, profits, and income derived from salaries, wages, or compensation for personal services of whatever kind and in whatever form paid, including salaries, wages, and compensation paid by the United States to its officers and employees, or income derived from any trade or business or sales or dealings in property, whether real or personal, including capital assets as defined in this article growing out of the ownership or sale of or interest in such property; income from rent, royalties,

�


text:
Page:United States Statutes at Large Volume 88 Part 1.djvu/1105

 88 STAT. ]

PUBLIC LAW 93-407-SEPT. 3, 1974

1061

interest, dividends, securities, or transactions of any trade or business carried on for gain or profit, or gains or profits and income derived from any source whatever, including but not limited to alimony, and separate maintenance payments (including amounts received under separate maintenance agreements), strike benefits, cash public assistance and relief (not including relief or credit granted under this section), sick pay, workmen's compensation, proceeds of life insurance policies, the gross amount of any pension or annuity (including railroad retirement benefits, veterans' disability pensions, or payment received under the Federal Social Security Act), State or District of '^^ ^^*^ ^^°Columbia unemployment compensation laws, and nontaxable interest received from the United States, a State or any agency or instrumentality thereof. The word 'income' does not include gifts from nongovernmental sources, food stamps, or food or other relief in kind supplied by a governmental agency. " (B) I n determining household gross income the exclusions from gross income as provided by subsection (b) of section 2 of title III of this article shall not apply. DC. code 47"(2) The term 'household income' shall have the same meaning as ^5S7a. the words 'adjusted gross income' are defined in subsection (c) of section 2 of title III of this article. For purposes of determining adjusted gross income within the meaning of this section, gross income shall mean household income as defined in this section. "(3) The term 'home' means the claimant's dwelling house, whether owned or rented by the claimant, and so much of the land surrounding it as is reasonably necessary for use of the dwelling as a home, and may include a multiunit building or a multipurpose building and a part of the land upon which it is located. " (4) The term 'claimant' means a person who has filed a claim under this section, was an owner of record of a home in the District, or a lessee, tenant at will or tenant at sufferance paying rent on a home in t\ie District, during the entire calendar year preceding the year in which he files a claim for relief under this section. Only one claimant per home and per household per year shall be entitled to relief under this section. "(5)(A) The term 'rent constituting property taxes accrued' means 15 per centum of the rent actuallv paid by a claimant in cash or its equivalent in the calendar year 1975 or any subsequent calendar year solely for the right to occupy his District home in such calendar year, and which rent constitutes the basis in the succeeding calendar year for the claim for relief made by the claimant under this section, exclusive of amounts which are paid as rent or other consideration for the providing by the landlord of furniture or furnishings of any kind, and exclusive of amounts included in the rent for utilities. Whenever the amount of rent includes charges for the providing by the landlord of furniture or furnishings or charges for utilities, jind the charges therefor are not separately stated, then there shall be deducted from the rent as the charge for such furniture or furnishings 20 per centum of the rent, and for utilities 10 per centum of the rent, and the balance shall be deemed to be the amount paid by the claimant solely for the right to occupy his District home for the purposes of the credit allowed under this section. "(c) In the event that any installment of rent for a calendar year for which a claim is filed is paid prior to the beginning of or subsequent to the end of such calendar year, it shall be included as rent for the year for which the claim was made and for no other year,

�


text:
Page:United States Statutes at Large Volume 88 Part 1.djvu/1106

 1062

'^'^™^"

siJT^ ^^"

PUBLIC LAW 93-407-SEPT. 3, 1974

[88 STAT.

and shall not be included as rent for purposes of this section for the year in which the installment was paid. " (d) If the Commissioner determines that the rent paid was not the result of an agreement entered into at arm's length between the tenant and his landlord, the Commissioner may adjust the rent to a reasonable amount for the purposes of this section. "(e)(1) Beginning with the calendar year 1975 and for each succeeding calendar year, if a claimant owns and occupies his home in the District on July 1 of any such year, 'property taxes accrued' means property taxes (exclusive of special assessments, interest on a delinquency in payment of tax, and any penalties and service charges) assessed and paid to date against such home commencing January 1, 1975, and for succeeding years. If a home is an integral part of a larger unit such as a multipurpose building or a multidwelling building, property taxes accrued shall be that percentage of the total property taxes accrued as the value of the home bears to the total value of the property. "(2) When a claimant rents two or more different homes in the District in the same calendar year, rent paid by the claimant during that year shall be determined by dividing the rent paid pursuant to the last rental agreement in force during that calendar year by the number of months during that calendar year for which this rent was paid and multiplying the result by twelve. "(f) The right to file under this section shall be personal to the claimant, but such right may be exercised by his legal guardian or attorney-in-fact. The right to file a claim shall not survive the death of a claimant. If a claimant dies after having filed a claim, any amount refunded as a result thereof shall be disbursed to his estate: Provided, That if no executor or administrator qualifies therein within two years of the filing of the claim, or no petition for distribution of a small estate is filed pursuant to the first section of the Act of September 14, 1965 (D.C. Code, secs. 20-2101 and 20-2102), the claim shall not be allowed. " (g) Subject to the limitations provided in this section, commencing with the taxable year beginning after December 31, 1974, and for succeeding taxable years, the claimant may claim as a credit against the District income taxes otherwise due on his income, property taxes accrued or rent constituting property taxes accrued for that year. If the allowable amount of such claim exceeds the income taxes otherwise due from the claimant, or other tax liabilities of the claimant to the District, or if there are no District income taxes due from the claimant, the amount of the claim not used as an offset against income taxes or other tax liabilities of the claimant to the District shall be paid or credited to the claimant. No interest shall be allowed on any payment made to a claimant pursuant to this section. " (h) No claim with respect to property taxes accrued or with respect to rent constituting property taxes accrued shall be allowed unless a District of Columbia individual income tax refurn or (if the claimant is not required to file such return) a claim for credit under this section is filed with the District on the forms and in such manner and with such information as the Commissioner may prescribe. Any claim for credit shall be filed on or before the time prescribed for the filing of a return of individual income under this article. The Commissioner may grant a reasonable extension of time, not to exceed six months, for the filing of a return or claim for credit under this section whenever in his judgment good cause exists therefor.

�


text:
Page:Boys of Columbia High on the River.djvu/136

124 them there on the seat," replied the other, grimly.

"Yes, that was provoking, but imagine what they did to me, sir! Every spring I give a concert in the church. My singing class and my choir unite to make it a notable affair. The building was packed. Everything went well until the very last number. This was to be a most beautiful selection, which I was to play myself upon the grand organ."

He sighed deeply as though the recollection pained him exceedingly.

"I had reached the most sublime part, when my very soul seemed to be wafted to Heaven itself in the wonderful composition, fashioned by a master mind, when to my horror my fingers only brought forth the most diabolical discords from the keys. Again I went back and tried, only to give it all up in despair. Nearly sick with chagrin I had to dismiss my audience. Instead of passing out with faces filled with holy enthusiasm, they were laughing at the disgraceful exhibition."

"And you found later that some one had been at fault?" asked the other.

"Without a doubt. It was easy to obtain access to the back of the organ; and in a manner little short of fiendish, to slur my notes and produce a horrible discord. But try as I would I have never been able to place the blame, though suspicion


text:
Page:United States Statutes at Large Volume 88 Part 1.djvu/1107

 88 STAT. ]

PUBLIC LAW 93-407-SEPT. 3, 1974

1063

" (i) The amount of any claim otherwise payable under this section may be applied by the District against any outstanding tax liability of the claimant to the District. " (j)(l) I n determining eligibility for the credit allowable under Eligibility. this section, and for the purpose of determining outstanding tax liability (if any) of the claimant to the District household income for which the claim is filed and the claimant's outstanding tax liability (if any) shall be determined on the basis of the combined household income of all members present in the household, except there shall be excluded from the computation of gross household income the first $1,000 earned by a dependent. " (2) In the case of husband and wife, who during the entire calendar year for which a claim is filed under this section, maintain separate homes, for the purpose of determining household income and the claimant's outstanding tax liability (if any), such husband and wife shall be deemed to have been unmarried during the calendar year for which the claim is made. " (k) No credit shall be allowed under this title for any year during which the person claiming the credit was a dependent, under any State, Federal, or District law levying a tax on income, unless during that year such person is or becomes sixty-five years of age or older. Income av"(1) In the case of persons whose incomes vary substantially from eraging, reguUiyear to year, the District of Columbia Council shall adopt regulations tio°ns'. concerning income averaging for purposes of calculating benefits. " (m) Each owner of a rental unit or his authorized agent shall, when requested in writing, furnish to the tenant making such written request a statement indicating the amount of rent paid by the tenant during the calendar year solely for the right of occupancy of the leased premises. Requests shall be made under this paragraph only by those persons entitled to file a claim under this section or who at the time of the making of the request deem themselves entitled to file a claim for credit under this section. " (n)(1) If, on an audit of any claim filed under this section, the Commissioner finds the amount to have been incorrectly computed, he shall determine the correct amount and notify the claimant in accordance with the procedures set forth in section 5 of title X II of this article. ^ issed" ^""^^ "'' "(2) If it is determined that a claim was filed with fraudulent intent, it shall be disallowed in full. If the claim has been paid or a credit has been allowed against income taxes otherwise payable, the credit shall be canceled and the amount paid shall be assessed against the claimant and recovered in the same manner as provided for the collection of taxes under section 1601 of title X VI of the Act of May 18, 1954 (D.C. Code, sec. 47-312). "(o) Xo claim for relief under this section shall be allowed to any person who was not living in a home which was subject to District of Columbia real property taxation during the calendar year for which the claim is filed. " (p) Xotwithstanding any other provision of law to the contrary, any person aggrieved by the denial in whole or in part of a claim for the credit authorized by this section, or an assessment of tax made pursuant to paragraph (1) of this section, may appeal the denial within six months after notice of the denial of the claim or within six months after notice of assessment, to the Board which shall consider such appeal as a contested case under section 10 of the District of Columbia Administrative Procedure Act (D.C. Code, sec. 1-1509). I n

�


text:
Page:United States Statutes at Large Volume 88 Part 1.djvu/1108

 1064

PUBLIC LAW 93-407-SEPT. 3, 1974

[88 STAT.

the case of an assessment of tax, the mailing to the claimant of a statement of taxes due shall be considered notice of assessment with respect to such taxes. "(q) The Commissioner is authorized to provide a table which will approximate, as closely as feasible, the amount of relief allowable under this section. " (r) If it is determined by the District that a claimant received title to his home in the District or became legally obligated to pay rent for his home in the District primarily for the purpose of receiving benefits under the provisions of this section, his claim shall be disallowed. "(s) The District of Columbia Council is empowered to make such changes in the amount of annual relief provided under section 7(a) of this title as it may deem proper.". PART D.C Code 632 note

47-

a—DisTRicx or COLUMBIA PROPERTY TAX RATE.

gj.Q Qi Notwithstanding any other provision of law the property tax rate for the District of Columbia for fiscal year 1975 shall be set by the Council at such an amount to yield at least $146 million in fiscal year 1975; except that such amount may be reduced by any amount raised by the Council pursuant to delegation of authority contained in section 471 of this Act, or by any revenue obtained pursuant to any other provision of law, or by any amount raised by reprogramming or reallocation of the fiscal year 1975 budget. PART 6—DELEGATION OF GENEILVL TAXING AUTHORITY; AMENDMENTS TO DISTRICT SALES TAX ACT AND MISCELLANEOUS

D.C

Code 4 7 -

504. Ante, p. 1042. 5 USC app

Code 1551 note. D. C Code 2601 note. D.C. Code 2701. D.C. Code 2801 note. D. C. Code 101. D.C. Code 1901. D.C. Code 1601. D.C

4 747-

4 74725-

4 747-

Effective date. D.C. Code 4 7 504 note.

SEC. 471. In order to provide for additional revenue to meet additional expenditures resulting from a compensation increase adopted for Ijersons paid under the District of Columbia Teachers' Salary Act of 1955, policemen, and firemen, the Council, in accordance with section 406 of Reorganization Plan Numbered 3 of 1967, is authorized to change the rate of the taxes imposed under— (1) the District of Columbia Income and Franchise Tax Act of 1947, (2) the District of Columbia Sales Tax Act, (3) the District of Columbia Use Tax Act, (4) the District of Columbia Cigarette Tax Act, (5) the District of Columbia Alcoholic Beverage Control Act, (6) the Act of April 23, 1924 (relating to motor vehicle fuel tax), (7) title V of the District of Columbia Revenue Act of 1937, and (8) any other Act of Congress imposing a tax solely in the District of Columbia. SEC. 472. Section 471 shall take effect on the date of enactment of this Act. SEC. 473. Section 114(a)(8) of the District of Columbia Sales Tax Act (D.C. Code, sec. 47-2601 (a)(8)) is amended to read as follows: "(8) The sale of or charges for admission to public events, except live performances of ballet, dance, or choral performances, concerts (instrumental and vocal), plays (with and without music), operas and readings and exhibitions of paintings, sculpture, photography, graphic and craft arts, but including movies, circuses, burlesque shows, sporting events, and performances or exhibitions of any other type or

�


text:
Page:United States Statutes at Large Volume 88 Part 1.djvu/1109

 88 STAT. ]

PUBLIC LAW 93-407-SEPT. 3, 1974

nature: Provided, That any casual or isolated sale of or charge for admission made by a semipublic institution not regularly engaged in asking such sales or charges shall not be considered a retail sale or sale at retaiL" SEC. 474. The following Acts or parts of Acts are repealed effective June 30, 1975: (a) Title X V of the District of Columbia Public Works Act of 1954 (D.C. Code, sec. 47-501a.). (b) The fourth and fifth paragraphs under the heading "General Expenses" of the Act of March 3, 1881 (D.C. Code, sec. 47-601).

1065

Repeals.

D.C. Code 47301.

(c) The fifth paragraph under the paragraph headed "Militia" of the Act of July 7, 1898 "(D.C. Code, sec. 47-602). (d) Section 11 of the Act of June 25, 1938 (D.C. Code, sec. 47-603). (e) The first paragraph of section 5 (D.C. Code, sec. 47-713), and the second unnumbered paragraph of section 6 (D.C. Code, sec. 47-605), of the Act of July 1, 1902. (f) The first section, and sections 2, 3, 4, 6, 7, and 8 of the Act of August 14, 1894 (D.C. Code, secs. 47-604, 701, 702, 704, 707). D.C. Code 4 7 (g) The first five sentences, and the last two sentences, of 705, 706. section 5(a) of the Act of August 17, 1937 (D.C. Code, sees. D.C. Code 4 747-708—47-709). (h) Section 5 of the Act of March 3, 1883 (D.C. Code, sec. 2405. 47-703). SEC. 475. Except as specifically provided in this title, nothing in D. C. Code 4 7 this title, or any amendments made by this Act, shall be construed 621 note. so as to affect the authority vested in the Commissioner of the District of Columbia or the authority vested in the District of Columbia Council by Reorganization Plan Numbered 3 of 1967. The performance 5 USC app of any function vested by this title in the Commissioner of the District of Columbia or in any office or agency under his jurisdiction and control, or in the District of Columbia Council, may be delegated by the Commissioner or by the Council, as the case may be, in accordance with the provisions of such plan. SEC. 476. (a) The repeal or amendment by this title of any pro- savings provi vision of law'shall not affect any act done or any right accrued or sion. D.C. Code accruing under such provision of law before the effective date of this 621 note 47title or any suit or proceeding had or commenced before the effective date of this title, but all such rights and liabilities under such law shall continue, and may be enforced in the same manner and to the same extent, as if such repeal or amendment had not been made. (b) All offenses committed, and all penalties incurred, prior to the effective date of this title, under any provision of law hereby repealed or amended, may be prosecuted and punished in the same manner and with the same effect as if this title had not been enacted. SEC. 477. Except as specifically provided in this Act, or in other ^^^""^^''""V. provisions of law applicable to the District of Columbia, the Council 6 6D.C. Code 471. may by regulation establish penalties for violations of any provision of this title, including any regulation issued pursuant to this title. Such penalties may not exceed imprisonment for longer than one year. Penalties. or a fine not to exceed $10,000, or both, for each offense. SEC. 478. Except as specifically provided in this title, the provisions ^'^^^'^^'^^ "^^'^ D.C. Code of this title shall take effect on the date of enactment of this title, 621 note. 47except that Part 1 and subparts A through G of Part 2 shall apply beginning with the fiscal year beginning July 1, 1975.

�


text:
Page:United States Statutes at Large Volume 88 Part 1.djvu/1110

 1066

PUBLIC LAW 93-408-SEPT. 3, 1974

[88 STAT.

TITLE V—POWERS O F THE COUNCIL D.C. Code 4 7 621 note.

D.C. Code 1121 note.

SEC. 501. Notwithstanding any other provision of law, or any rule of law, nothing in this Act shall be construed as limiting the authority of the Council of the District Columbia to enact any act, resolution, or regulation, after January 2, 1975, pursuant to the District of Columbia Self-Government and Governmental Reorganization Act with respect to any matter covered by this Act. Approved September 3, 1974. Public Law 93-408

September s, 1974

AN ACT

^^'^^^^^

To amend the Youth Conservation Corps Act of 1972 (Public Law 92-597, 86 Stat. 1319) to expand and malte permanent the Youth Conservation Corps, and for other purposes. Be it enacted ty the Senate and House of Representatives of the vation corp"^A^t United States of America in Congress assembled, That the Act of of 1970, amend- August 13, 1970 (84 Stat. 794) is amended to read as follows:

ment. 42 USC p r e c. 2711 note. 16 USC 1701.

" p O L I C Y A N D PURPOSE

1. The Congress finds that the Youth Conservation Corps has demonstrated a high degree of success as a pilot program wherein American youth, representing all segments of society, have benefited by gainful employment in the healthful outdoor atmosphere of the national park system, the national forest system, other public land and water areas of the United States and by their employment have developed, enhanced, and maintained the natural resources of the United States, and whereas in so doing the youth have gained an understanding and appreciation of the Nation's environment and heritage equal to one full academic year of study, it is accordingly the purpose of this Act to expand and make permanent the Youth Conservation Corps and thereby further the development and maintenance of the natural resources by America's youth, and in so doing to prepare them for the ultimate responsibility of maintaining and managing these resources for the American people. "SECTION

•'YOUTH CONSERVATION CORPS 16 USC 1702.

Participants.

tuni't"''ind^em-' pioyment, term.

"SEC. 2. (a) To carry out the purposes of this Act, ther-e is established in the Department of the Interior and the Department of Agriculture a Youth Conservation Corps (hereinafter referred to as the 'Corps'). The Corps shall consist of young men and women who are permanent residents of the United States, its territories, possessions, trust territories, or Commonwealth of Puerto Rico who have attained age fifteen but have not attained age nineteen, and whom the Secretary of the Interior or the Secretary of Agriculture may employ without regard to the civil service or classification laws, rules, or regulations, for the purpose of developing, preserving, or maintaining the lands and waters of the United States. " C'^) "^^^ Corps shall bc open to youth from all parts of the country of both scxcs aud youth of all social, economic, and racial classifications with all Corps members receiving compensation consistent with work accomplished, and with no person being employed as a member of the Corps for a term in excess of ninety days during any single year.

�


text:
Page:United States Statutes at Large Volume 88 Part 1.djvu/1111

 88

STAT.]

PUBLIC LAW 93-408-SEPT. 3, 1974

1067

SECRETARIAL DUTIES A N D FUNCTIONS

"SEC. 3. (a) I n carrying out this Act, the Secretary of the Interior and. the Secretary of Agriculture shall— "(1) determine the areas under their administrative jurisdictions which are appropriate for carrying out the programs using employees of the Corps; "(2) determine with other Federal agencies the areas under the administrative jurisdiction of these agencies which are appropriate for carrying out programs using members of the Corps, and determine and select appropriate work and education programs and projects for participation by members of the Corps; "(3) determine the rates of pay, hours, and other conditions of employment in the Corps, except that all members of the Corps shall not be deemed to be Federal employees other than for the purpose of chapter 171 of title 28, United States Code, and chapter 81 of title 5, United States Code. "(4) provide for such transportation, lodging, subsistence, and other services and equipment as they may deem necessary or appropriate for the needs of members of the Corps in their duties; "(5) promulgate regulation to insure the safety, health, and welfare of the Corps members; and "(6) provide to the extent possible, that permanent or semipermanent facilities used as Corps camps be made available to local schools, school districts. State junior colleges and universities, and other education institutions for use as environmental/ ecological education camps during periods of nonuse by the Corps program. Costs for operations maintenance, and staffing of Corps camp facilities during periods of use by non-Corps programs as well as any liability for personal injury or property damage stemming from such use shall be the responsibility of the entity or organization using the facility and shall not be a responsibility of the Secretaries or the Corps. "(b) Existing but unoccupied Federal facilities and surplus or unused equipment (or both), of all types including military facilities and equipment, shall be utilized for the purposes of the Corps, where appropriate and with the approval of the Federal agency involved. To minimize transportation costs. Corps members shall be employed on conservation projects as near to their places of residence as is feasible. "(c) The Secretary of the Interior and the Secretary of Agriculture may contract with any public agency or organization or any private nonprofit agency or organization which has been in existence for at least five years for the operation of any Youth Conservation Corps project.

16 USC 1703.

28 USC 2 6 7 1. 5 USC 8101.

Regulations. Facilities, a v a i l a b i l i t y to education a l institutions.

Unoccupied Federal facilities and surplus equipment, u s e.

Contract authority.

"GRANT PROGRAM FOR STATE PROJECTS

"SEC. 4. (a) The Secretary of the Interior and the Secretary of Agriculture shall jointly establish a program under which grants shall be made to States to assist them in meeting the cost of projects for the employment of young men and women to develop, preserve, and maintain non-Federal public lands and waters within the States. For purposes of this section, the term 'States' includes the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands. Guam, the Trust Territory of the Pacific Islands, and American Samoa.

16 USC 1704.

"States.

�


text:
Page:United States Statutes at Large Volume 88 Part 1.djvu/1112

 1068 ,firrmemi°" " ^ ^^

Limitation.

Payments.

PUBLIC LAW 93-408-SEPT. 3, 1974

[88 STAT.

" ( ^) (^) "^^ grant may be made under this section unless an application therefor has been submitted to, and approved by, the Secretary of the Interior and the Secretary of Agriculture. Such application shall be in such form, and submitted in such manner, as the Secretaries shall jointly by regulation prescribe, and shall contain— •'(A) assurances satisfactory to the Secretaries that individuals employed under the project for which the application is submitted shall (i) have attained the age of fifteen but not attained the age of nineteen, (ii) be permanent residents of the United States or its territories, possessions, or the Trust Territory of the Pacific Islands, (iii) be employed without regard to the personnel laws, rules, and regulations applicable to full-time employees of the applicant, (iv) be employed for a period of not more than ninety days in any calendar year, and (v) be employed without regard to their sex or social, economic, or racial classification; and " (B) such other information as the Secretaries may jointly by regulation prescribe. "(2) The Secretaries may approve applications which they determine (A) to meet the requirements of paragraph (1), and (B) are for projects which will further the development, preservation, or maintenance of non-Federal public lands or waters within the jurisdiction of the applicant. "(c)(1) The amount of any grant under this section shall be determined jointly by the Secretaries, except that no grant for any project may exceed 80 per centum of the cost (as determined by the Secretaries) of such project. u ^2) Paymcuts under grants under this section may be made in advance or by way of reimbursement and at such intervals and on such conditions as the Secretaries find necessary. " (d) Thirty per centum of the sums appropriated under section 6 for any fiscal year shall be made available for grants under this section for such fiscal year. "SECRETARIAL REPORTS

p/e°sMen^t^and'° Congress. 16 USC 1705.

"SEC. 5. The Secretary of the Interior and Secretary of Agriculture shall aunually prepare a joint report detailing the activities carried Q^^ under this Act and providing recommendations. Each report for a program year shall be submitted concurrently to the President and the Congress not later than April 1 following the close of that program year. "AUTHORIZATION OF APPROPRIATIONS

16 USC 1706.

"SEC. 6. There are authorized to be appropriated amounts not to exceed $60,000,000 for each fiscal year, which amounts shall be made available to the Secretary of the Interior and the Secretary of Agriculture to carry out the purposes of this Act. Notwithstanding any other provision of law, funds appropriated for any fiscal year to carry out this Act shall remain available for obligation and expenditure until the end of the fiscal year following the fiscal year for which appropriated.". Approved September 3, 1974.

�


text:
Page:United States Statutes at Large Volume 88 Part 1.djvu/1113

 88 STAT. ]

PUBLIC LAW 93-409-SEPT. 3, 1974

1069

Public Law 93-409 AN ACT

To provide for the early development and commercial demonstration of the technology of solar heating and combined solar heating and cooling systems

Septembers, 1974 [H. R. II864]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress CLSsembled^ That this Act may ^^^"c^oo^fff'ofmbe cited as the "Solar Heating and Cooling Demonstration Act of onstrau°on Act of 1974". 1^74. riNDINGS AND POLICY

SEC. 2. (a) The Congress hereby finds that— (1) the current imbalance between supply and demand for fuels and energy is likely to persist for some time; (2) the early demonstration of the feasibility of using solar energy for the heating and cooling of buildings could help to relieve the demand upon present fuel and energy supplies; (3) the technologies for solar heating are close to the point of commercial application in the United States; (4) the technologies for combined solar heating and cooling still require research, development, testing and demonstration, but no insoluble technical problem is now foreseen in achieving commercial use of such technologies; (5) the early development and export of viable solar heating equipment and combined solar heating and cooling equipment, consistent with the established preeminence of the United States in the field of high technology products, can make a valuable contribution to our balance of trade; (6) the widespread use of solar energy in place of conventional methods for the heating and cooling of buildings would have a significantly beneficial effect upon the environment; (7) the mass production and use of solar heating and cooling equipment will help to eliminate the dependence of the United States upon foreign energy sources and promote the national defense; (8) the widespread introduction of low-cost solar energy will be beneficial to consumers in a period of rapidly rising fuel cost; (9) innovation and creativity in the development of solar heating and combined solar heating and cooling components and systems can be fostered through encouraging direct contact between the manufacturers of such systems and the architects, engineers, developers, contractors, and other persons interested in installing such systems in buildings; (10) evaluation of the performance and reliability of solar heating and combined solar heating and cooling technologies can be expedited by testing under carefully controlled conditions; and (11) commercial application of solar heating and combined solar heating and cooling technologies can be expedited by early commercial demonstration under practical conditions. (b) It is therefore declared to be the policy of the United States and the purpose of this Act to provide for the demonstration within a three-year period of the practical use of solar heating technology, and to provide for the development and demonstration within a five-year period of the practical use of combined heating and cooling technology.

42 USC 5501 note.

42 USC 5501.

�


text:
Page:United States Statutes at Large Volume 88 Part 1.djvu/1114

 1070

PUBLIC LAW 93-409-SEPT. 3, 1974

[88 STAT.

DEFINITIONS

42 USC 5502.

SEC. 3. For purposes of this Act— (1) the term "solar heating", with respect to any building, means the use of solar energy to meet such portion of the total heating needs of such building (including hot water), or such portion of the needs of such building for hot water (where its remaining heating needs are met by other methods), as may be required under performance criteria prescribed by the Secretary of Housing and Urban Development utilizing the services of the Director of the National Bureau of Standards, and in consultation with the Director of the National Science Foundation, and the Administrator of the National Aeronautics and Space Administration; (2) the terms "solar heating and cooling" and "combined solar heating and cooling", with respect to any building, mean the use of solar energy to provide both such portion of the total heating needs of such building (including hot water) and such portion of the total cooling needs of such building, or such portion of the needs of such building for hot water (where its remaining heating needs are met by other methods) and such portion of the total cooling needs of a building, as may be required under performance criteria prescribed by the Secretary of Housing and Urban Development utilizing the services of the Director of the National Bureau of Standards, and in consultation with the Director of the National Science Foundation, and the Administrator of the National Aeronautics and Space Administration, and such term includes cooling by means of nocturnal heat radiation, by evaporation, or by other methods of meeting peakload energy requirements at nonpeakload times; (3) the term "residential dwellings" includes previously occupied and new single family and multifamily dwellings, mobile homes, and publicly assisted housing owned by a private sponsor or a State or local housing authority not covered by section 17; (4) the term "Administrator" means the Administrator of the National Aeronautics and Space Administration; (5) the term "Secretary" means the Secretary of Housing and Urban Development; and (6) the term "Director" means the Director of the National Science Foundation. CONDUCT OF ACTIVITIES I N SOLAR H E A T I N G AND COOLING TECHNOLOGIES BY N A T I O N A L AERONAUTICS A N D SPACE ADMINISTRATION

SEC. 4. Section 203 of the National Aeronautics and Space Act of 1958 (42 U.S.C. 2473) is amended by redesignating subsection (b) as subsection (c), and by inserting immediately after subsection (a) the following new subsection: " (b) The Administration shall initiate, support, and carry out such research, development, demonstrations, and other related activities in solar heating and cooling technologies (to the extent that funds are appropriated therefor) as are provided for in sections 6, 6, and 9 of the Solar Heating and Cooling Demonstration Act of 1974.". DEVELOPMENT AND DEMONSTRATION OF SOI^R HEATING SYSTEMS TO BE USED IN RESIDENTIAL DWELLINGS 42 USC 5503.

gj,^. 5 (^^-j ^]^g Administrator and the Secretary shall promptly initiate and carry out a program, as provided in this section, for the development and demonstration of solar heating systems (including

�


text:
Page:United States Statutes at Large Volume 88 Part 1.djvu/1115

 88 STAT. ]

PUBLIC LAW 93-409-SEPT. 3, 1974

1071

collectors, controls, and thermal storage) for use in residential dwellings, (b)(1) Within 120 days after the date of the enactment of this Act, JZlZTZl.. the Secretary, utilizing the services of the Director of the National tion. Bureau of Standards and in consultation with the Administrator and the Director, shall determine, prescribe, and publish— (A) interim performance criteria for solar heating components and systems to be used in residential dwellings, and (B) interim performance criteria (relating to suitability for solar heating) for such dwellings themselves, taking into account in each instance climatic variations existing between diiferent geographic areas. (2) As soon as possible after the publication of the performance Design seiec-criteria prescribed under paragraph (1), the Secretary, in consultation with the Director of the National Bureau of Standards and the Administrator, will select on the basis of open competition a number of designs for various types of residential dwellings suitable for and adapted to the installation of solar heating systems meeting the performance criteria prescribed under paragraph (1)(A). (c) The Administrator, in accordance with the applicable provi- gra^tlT'^'^ ^"'^' sions of title II of the National Aeronautics and Space Act of 1958 42 USC 2471 et and under program guidelines established jointly by the Administra- ^^^' toT- and the Secretary, shall, after consultation with the Secretary— (1) enter into such contracts and grants as may be necessary or appropriate for the development (for commercial production and residential use) of solar heating systems meeting the performance criteria prescribed under subsection (b)(1)(A) (including any further planning and design which may be required to conform with the specifications set forth in such criteria); and (2) enter into contracts with a number of persons or firms for the procurement of solar heating components and systems meeting such performance criteria (including adequate numbers of spare and replacement parts for such systems). (d) The Secretary shall (1) arrange for the installation of solar 1"^*^"'''^°"-"^ !

•

1

1

1

4

T

-

-

1

1

•

/ \

heating systems procured by the Admniistrator under subsection (c) (2) in a substantial number of residential dwellings and (2) provide for the satisfactory operation of such installations during the demonstration period. Title to and ownership of any dwellings constructed hereunder and of solar heating systems installed hereunder may be conveyed to purchasers or owners of such dwellings under terms and conditions prescribed by the Secretary, including an express agreement that any such purchaser or owner shall, in such manner and form and on such terms and conditions as the Secretary may prescribe, observe and monitor (or permit the Secretary to observe and monitor) the performance and operation of such system for a period of five years, and that such purchaser or owner (including any subsequent owner and occupant of the property who also makes such an agreement) shall regularly furnish the Secretary with such reports thereon as the agreement may require. (e) The Secretary of Defense shall arrange for the installation of solar heating systems procured by the Administrator under subsection (c)(2) in a substantial number of residential dwellings which are located on Federal or federally administered property where the performance and operation of such systems can be regularly and effectively observed and monitored by designated Federal personnel. (f) The Secretary and the Secretary of Defense, and officials responsible for administering Federal or federally administered property, shall coordinate their activities under this section to assure that solar heating systems are installed in a substantial number of resi-

nionltoring.

Federal l a t i o erty i n s t a lprop-n s.

�


text:
Page:Boys of Columbia High on the River.djvu/137

Rh pointed toward one of those four boys now about to start in this race."

"But why are not they suppressed, Professor?" asked the newcomer in Columbia.

"It happens that their fathers are prominent men in town, and powerful politically."

"I see; that explains it. But I hope there will be something done soon to strike terror into the hearts of this clique of prank lovers, for they will go from bad to worse. Some one was telling me about the way they cut off the electric light at the school, when the assembly room was crowded with people. While that was humorous in a way, it might have led to serious results. Columbia might be a pretty nice town to live in only for this spirit of mischief that seems rampant."

"There goes the starting signal!" exclaimed the old music-master, forgetting everything else in his eagerness to see Columbia win, for he loved the boys with whom he was thrown much in contact.

Frank, as he noted the four contestants from the home town, smiled broadly.

"Not much choice in that bunch, I take it. Shut your eyes and point and you'd be sure to hit a candidate for the ugly job up the river. I wonder which of those four boats has a dab of nice bottle-green paint on her bow about the water line? Queer


text:
Page:United States Statutes at Large Volume 88 Part 1.djvu/1116

 1072

PUBLIC LAW 93-409-SEPT. 3, 1974

[88 STAT.

dential dwellings and in a sufficient number of different geographic areas under varying climatic conditions to constitute a realistic and effective demonstration in support of the objectives of this Act. DEVELOPMENT AND DEMONSTRATION OF COMBINED SOLAR H E A T I N G COOLING SYSTEMS TO BE USED I N R E S I D E N T I A L D W E L L I N G S

AND

SEC. 6. (a) The Administrator and the Secretary shall promptly initiate and carry out a program, as provided in this section, for the development and demonstration of combined solar heating and cooling systems (including collectors, controls, and thermal storage) for use in residential dwellings. Performance (b)(1) As soon as possible after the date of the enactment of this criteria "publicstion. Act, the Secretary, utilizing the services of the Director of the National Bureau of Standards and in consultation with the Administrator and the Director, shall determine, prescribe, and publish— (A) interim performance criteria for combined solar heating and cooling components and systems to be used in residential dwellings, and (B) interim performance criteria (relating to suitability for solar heating and cooling) for such dwellings themselves, taking into account in each instance climatic variations existing between different geographic areas. Design s e l e c (2) As soon as possible after the publication of the performance tion. criteria prescribed under paragraph (1) (and if possible before the completion of the research and development provided for in subsection (c)), the Secretary, in consultation with the Director of the National Bureau of Standards and the Administrator, will select on the basis of open competition a number of designs for various types of residential dwellings suitable for and adapted to the installation of combined solar heating and cooling systems meeting the performance criteria prescribed under paragraph (1)(A). Technological /Q\ Duj-ino; the Dcriod immediately following the publication of research and

development.

•

•

•

-•

.

•

•

pcrformance criteria under subsection (b)(1), the Administrator, in coordination with the Director, shall undertake and conduct with respect to solar heating and cooling a program of research, development, and testing designed to provide the additional technological resources necessary for the development and commercial application of combined solar heating and cooling systems as contemplated by the program under this section. grant"?'^'^ "'^ (^) ^ h e Admiuistrator, in accordance with the applicable pro42 USC 2471 visions of title II of the National Aeronautics and Space Act of 1958 ^^ ''^'iand under program guidelines established jointly by the Administrator and the Secretary, and at the earliest possible time during or immediately after the period specified in subsection (c), shall, after consultation with the Secretary— (1) enter into such contracts and grants as may be necessary or appropriate for the development (for commercial production and residential use) of combined solar heating and cooling systems meeting the performance criteria prescribed under subsection (b)(1)(A) (including any further planning and design which may be required to conform with the specifications set forth in such criteria or to reflect the results of the activities conducted under subsection (c)); and (2) enter into contracts with a number of persons or firms for the procurement of combined solar heating and cooling systems meeting such performance criteria (including adequate numbers of spare and replacement parts for such systems). monUor\ng!°" '"'' i^) The Sccrctary shall (1) arrange for the installation of combined solar heating and cooling systems procured by the Administrator

�


text:
Page:United States Statutes at Large Volume 88 Part 1.djvu/1117

 88 STAT. ]

PUBLIC LAW 93-409-SEPT. 3, 1974

1073

under subsection (d)(2) in a substantial number of residential dwellings and (2) provide for the satisfactory operation of such installations during the demonstration period. Title to and ownership of any dwellings constructed hereunder and of combined solar heating and cooling systems installed hereunder may be conveyed to purchasers or owners of such dwellings under terms and conditions prescribed by the Secretary, including an express agreement that any such purchaser or owner shall, in such manner and form and on such terms and conditions as the Secretary may prescribe, observe and monitor (or permit the Secretary to observe and monitor) the performance and operation of such system for a period of five years, and that such purchaser or owner (including any subsequent owner and occupant of the property who also makes such an agreement) shall regularly furnish the Secretary with such reports thereon as the agreement may require, (f) The Secretary of Defense shall arrange for the installation of err^fns''\ra°kr s combined solar heating and cooling systems procured by the Administrator under subsection (d)(2) in a substantial number of residential dwellings which are located on Federal or federally administered property where the performance and operation of such systems can be regularly and effectively observed and monitored by designated Federal personnel. (g) The Secretary and the Secretary of Defense, and officials responsible for administering Federal or federally administered property, shall coordinate their activities under this section to assure that combined solar heating and cooling systems are installed in a substantial number of residential dwellings and in a sufficient number of geographic areas under* varying climatic conditions to constitute a realistic and effective demonstration in support of the objectives of this Act. C O M P R E H E N S IV E PROGRAM DEFINITION

SEC. 7. (a) The Administrator and the Secretary are authorized and directed to prepare a comprehensive plan for the conduct of the development and demonstration activities under sections 5 and 6. In the preparation of such plan, the Administrator and Secretary shall consult with the Director of the National Bureau of Standards, the Director, the Secretary of Defense, and other Federal agencies and private organizations as appropriate. (b) The Administrator and the Secretary shall transmit such comprehensive program plan to the President and to each House of the Congress. The plan shall be transmitted within 120 days after the date of the enactment of this Act.

''^ ^^'^ ^^°^*

Report to P r e s i dent and Con-

TEST P R O C E D U R E S AND D E F I N I T IV E PERFORMANCE CRITERIA

SEC. 8. As soon as feasible, and utilizing data available from the " ^ ^^'^ ^soe. ^ demonstration programs under sections 5 and 6, the Secretary, utilizing the services of the Director of the National Bureau of Standards and in consultation with the Administrator and the Director shall Publication in determine, prescribe, and publish in the Federal Register in accord- ^'^^'"^ Register. ance with the applicable provisions regarding rulemaking prescribed by section 553 of title 5, United States Code— (1) definitive performance criteria for solar heating and combined solar heating and cooling components and systems to be used in residential dwellings, taking into account climatic variations existing between different geographic areas; (2) definitive performance criteria (relating to suitability for solar heating and for combined solar heating and cooling) for

�


text:
Page:United States Statutes at Large Volume 88 Part 1.djvu/1118

 1074

PUBLIC LAW 93-409-SEPT. 3, 1974

[88 STAT.

such dwellings, taking into account climatic variations existing between different geographic areas; and (3) procedures whereby manufacturers of solar heating and combined solar heating and cooling components and systems shall have their products tested in order to provide certification that such products conform to the performance criteria established under paragraph (1). DEVELOPMENT A N D DEMONSTRATION OF SOLAR H E A T I N G A N D COMBINED SOLAR H E A T I N G A N D COOLING SYSTEMS FOR COMMERCIAL B U I L D I N G S 42 USC 5507.

SEC. 9. The Administrator, in consultation with the Secretary, the Director, the Administrator of General Services, and the Director of the National Bureau of Standards and concurrently with the conduct of the programs under sections 5 and 6, shall enter into arrangements with appropriate Federal agencies to carry out such projects and activities (including demonstration projects) with respect to apartment buildings, office buildings, factories, crop-drying facilities and other agricultural structures, public buildings (including schools and colleges), and other non-residential, commercial, or industrial buildings, taking into account the special needs of and individual differences in such buildings based upon size, function, and other relevant factors, as may be appropriate for the early development and demonstration of solar heating and combined solar heating and cooling systems suitable and effective for use in such buildings. SOLAR H E A T I N G A N D COOLING RESEARCH BY N A T I O N A L SCIENCE FOTJNDAIION

42 USC 5508.

SEC. 10. (a) The Director shall conduct a program of applied research relevant to (1) the improvement of solar heating components and systems and (2) the development and commercial application of combined solar heating and cooling components and systems as contemplated by the programs under this Act. (b) The Director shall apprise the Secretary and the Administrator on a continuing basis of the results of the programs being conducted in accordance with subsection (a), and the Secretary and the xVdministrator shall insure that such results, where appropriate, are incorporated into the development and demonstration programs established by this Act. COORDINATION, M O N I TO R I N G, A N D L I A I S O N

42 USC 5509.

e<fng^es*s^.'°

SEC. 11. (a) The Secretary, utilizing the services of the Director of the National Bureau of Standards and in coordination with such other Government agencies as may be appropriate, shall— (1) monitor the performance and operation of solar heating and combined solar heating and cooling systems installed in residential dwellings under this Act; (2) collect and evaluate data and information on the performance and operation of solar heating and combined solar heating and cooling systems installed in residential dwellings under this Act; and (3) from time to time, carrying out such studies and investigations and take such other actions, including the submission of special reports to the Congress when appropriate, as may be necessary to assure that the programs for which the Secretary is responsible under this Act effectively carry out the policy of this Act. (b) In the development of the performance criteria and test procedures required under sections 5, 6, and 8, the Secretary shall work

�


text:
Page:The Grateful Dead.djvu/37

 Hippe, p. 160, and by Wilhelmi, p. 45. Summarized by Köhler, ''Or. und Occ.'' iii. 99.

II.

Grundtvig, work cited, pp. 105-108, “De tre Mark.” Summarized by Köhler, ''Or. und Occ.'' iii. 100. Cited by Hippe, p. 160, and Wilhelmi, p. 45.

III.

Andersen, “Reisekammeraten,” in Samlede Skrifter, xx. 54 ff. (1855). Found in most English editions of Andersen’s tales as “The Travelling Companion.” Based on Norwegian II. Analyzed by Sepp, p. 678. Cited by Köhler, ''Or. und Occ.'' ii. 327, by Hippe, p. 159, and by Groome, Gypsy Folk-Tales, p. 3, note.

I.

Asbjörnsen, Iuletraeet, 1866, no. 8, and Norske Folke-Eventyr, 1871, no. 99, pp. 198-201. Summarized by Liebrecht, ''Heid. Jahrbücher der Lit''. lxi. 451 (1868), and by Hippe, p. 159. See Liebrecht, Germania, xxiv. 131.

II.

Asbjörnsen, Illustreret Kalender, 1855, pp. 32-39, Iuletraeet, no. 9, and Norske Folke-Eventyr, no. 100, pp. 201-214. Translated by Dasent, Tales from the Fjeld, 1874, pp. 71-88. Cited by Stephens, p. 8, Liebrecht, Germania, xxiv. 131, and Groome, Gypsy Folk-Tales., p. 3, note. Somewhat inadequate summaries by Liebrecht, ''Heid. Jahrbücher der Lit.'' lxi. 452, Hippe, p. 159, and Groome, Folk-Lore, ix. 230.

I.

Árnason, Íslenzkar þjódsögur og Æfintýri, 1864, ii. 473-479. English translation in Powell and Magnússon, ''Legends Collected by Jón. Arnason'', 1866, pp. 527-540. German translation in Poestion, Isländische Märchen, 1884, p. 274. Cited by Liebrecht. ''Heid. Jahrbücher'', lxi. 451, and Germania, xxiv. 131, and by Wilhelmi, p. 45. Summary by Köhler, ''Or. und Occ.'' iii. 101 f., and by Hippe, p. 159.

II.

A. Ritterhaus, Die neuisländischen Volksmärchen, 1902, no. 57, pp. 232-235. From MS. 537, Landesbibliothek, Reykjavík.

title: Page:The Grateful Dead.djvu/37


text:
Page:United States Statutes at Large Volume 88 Part 1.djvu/1119

 88 STAT. ]

PUBLIC LAW 93-409-SEPT. 3, 1974

1075

closely with the appropriate scientijfic, technical, and professional societies and industry representatives to insure the best possible use of available expertise in this area. (c) The Secretary shall also maintain continuing liaison with the building industry and related industries and interests, and with the scientific and technical community during and after the period of the programs carried out under this Act, in order to assure that the projected benefits of such programs are and will continue to be realized. D I S S E M I N A T I O N OF INFORMATION A N D OTHER ACTIONS TO PROMOTE PRACTICAL U S E OF SOLAR H E A T I N G AND COOLING TECHNOLOGIES

SEC. 12. (a) The Secretary shall take all possible steps to assure that "^^ ^^^ ^^'°" full and complete information with respect to the demonstrations and other activities conducted under this Act is made available to Federal, State, and local authorities, the building industry and related segments of the economy, the scientific and technical community, and the public at large, both during and after the close of the programs under this Act, with the objective of promoting and facilitating to the maximum extent feasible the early and widespread practical use of solar energy for the heating and cooling of buildings throughout the United States. In accordance with regulations prescribed under section 16 such information shall be disseminated on a coordinated basis by the Secretary, the Administrator, the Director of the National Bureau of Standards, the Director, the Commissioner of the Patent Office, and other appropriate Federal offices and agencies. (b) In addition, the Secretary shall— (1) study and investigate the effect of building codes, zoning ordinances, tax regulations, and other laws, codes, ordinances, and practices upon the practical use of solar energy for the heating and cooling of buildings; (2) determine the extent to which such laws, codes, ordinances, and practices should be changed to permit or facilitate such use, and the methods by which any such changes may best be brought about; and (3) study the necessity of a program of incentives to accelerate the commercial application of solar heating and cooling technology. (c)(1) In carrying out his functions under subsections (a) and (b) ^oiar Heating the Secretary, utilizing the capabilities of the National Aeronautics for'Lauon o^ata' and Space Administration, the Department of Commerce, and the Bank. National Science Foundation to the maximum extent possible, shall Establishment. establish and operate a Solar Heating and Cooling Information Data Bank (hereinafter in this subsection referred to as the "bank'') for the purpose of collecting, reviewing, processing, and disseminating solar heating and cooling information and data in a timely and accurate manner in support of the objectives of this Act. (2) Information and data compiled in the bank shall include— (A) technical information (including reports, journal articles, dissertions, monographs, and project descriptions) on solar energy research, development, and applications; (B) technical information on the design, construction, and maintenance of buildings compatible with solar heating and cooling concepts; (C) physical and chemical properties of the materials required for solar heating and cooling; (D) climatic conditions in appropriate areas of the United States, including those areas where the demonstrations are to be located; and

�


text:
Page:United States Statutes at Large Volume 88 Part 1.djvu/1120

 1076

PresfdeL^t Ind Congress.

PUBLIC LAW 93-409-SEPT. 3, 1974

(E) engineering performance of devices utilized in solar heating and cooling or to be employed in the demonstrations. (3) I n accordance with regulations prescribed under section 16, the Secretary shall provide retrieval and dissemination services to cover the solar heating and cooling information described under paragraph (2) for— (A) Federal, State, and local government organizations that are active in the area of energy resources (and their contractors); (B) universities, colleges, and other nonprofit organizations; and (C) private persons, upon request, in appropriate cases. (4) In carrying out his functions under this subsection, the Secretary shall utilize, when feasible, the existing data base of scientific and technical information in Federal agencies, adding to such data base any information described in paragraph (2) which does not already reside in such base. i^) Each Federal officer and agency having functions under this Act shall lucludc in his or its annual report to the President and the Congress a full and complete description of his or its activities (current and projected) under this Act, along with his or its recommendations for legislative, administrative, or other action to improve the programs under this Act or to achieve the objectives of this Act more promptly and effectively. In addition, the Secretary shall submit annually to the President and the Congress a special report summariz• ing in appropriate detail all of the activities (current and projected) of the various Federal officers and agencies having functions under this Act, with the objective of pi-esenting a comprehensive overall view of such programs. L I M I T A T I O N S ON FEDERALLY ASSISTED OR FEDERALLY HOUSING

42 USC 5511,

[88 STAT.

CONSTRUCTED

SEC. 13. (a)(1) In determining the maximum dollar amount of any federally assisted mortgage loan (as defined in subsection (b)) or the maximum per unit or other cost or floor area limitation of any federally constructed housing (as defined in subsection (c)), where the law establishing the program under which the loan is made or the housing is constructed specifies such maximum per unit or other cost on floor area limitation and the structure involved is furnished with solar heating or combined solar heating and cooling equipment under the demonstration program established by section 5, 6, or 9, the maximum amount or cost or floor area limitation so specified which is applicable to such structure shall be deemed to be increased by the amount by which (as determined by the Secretary or the Secretary of Defense, as appropriate) the price or cost or floor area limitation of the structure including such solar heating or combined solar heating and cooling equipment exceeds the price or cost or floor area limitation of the structure with such equipment replaced by conventional heating equipment or conventional heating and cooling equipment (as the case may be). (2) In addition, in the case of a federally assisted mortgage loan, the cost excess specified in subsection (a) shall be fully taken into account in determining the value or cost of the structure involved for purposes of applying any statutory provision specifying the maximum loan-to-value or -cost ratio; except that, if the law specifies different rates of downpayment for successive increments of such value or cost, the lowest such rate shall apply to the additional cost attributable to the solar heating or combined solar heating and cooling equipment, and such equipment shall otherwise be excluded in determining the total value or cost of the structure.

�