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Page:United States Statutes at Large Volume 86.djvu/1088

 1046

PUBLIC LAW 92-523-OCT. 21, 1972

[86 STAT.

ices Administration, for which payment shall be made in advance, or by reimbursement from funds of the Commission in such amounts as may be agreed upon by the Chairman and the Administrator of General Services. AUTHORlZATIOlSr OF APPROPRIATIONS

SEC. 207. There are authorized to be appropriated for the fiscal year in which this title is enacted and for the next four fiscal years thereafter such sums as may be necessary to carry out this title, but the sums appropriated for any such year shall not exceed $1,000,000. Not less than two-thirds of the total amount of the sums appropriated pursuant to this section for any such year shall be expended on research and studies conducted under the authority of section 202(a)(2) and (3) of this title. Approved October 21, 1972. Public Law 92-523 October 21, 1972 [H.R. 16987]

Commerce Department maritime programs. Appropriation increase.

AN ACT To amend the Act to authorize appropriations for the fiscal year 1973 for certain maritime programs of the Department of Commerce. Be it enacted by the Senate and House of Representatives of the United States of America in Congress OjSsembled^ That section 1 of the Act of August 22, 1972 (86 Stat. 617; Public Law 92-402) is amended by striking out of paragraph (a) thereof the figure $280,000,000 and inserting in lieu thereof the figure $455,000,000. Approved October 21, 1972. Public Law 92-524

October 21, 1972 [S. 1973]

Thaddeus K o s c i u s z k o Home National Historic Site, Pa. Establishment. Land acquisition.

Administration.

Appropriation.

AN ACT To provide for the establishment of the Thaddeus Kosciuszko Home National Historic Site in the State of Pennsylvania, and for other purposes. Be it enacted ty the Senate and House of Representatives of the United States of America in Congress assembled, That, in order to provide for the development of a suitable memorial to General Thaddeus Kosciuszko, great Polish patriot and hero of the American Kevolution, the Secretary of the Interior is authorized to acquire by donation or purchase with donated funds the property at the northwest corner of Third and Pine Streets specifically designated as 301 Pine Street and/or 342 South Third Street, Philadelphia, Pennsylvania, including improvements thereon, together with such adjacent land and interests therein as the Secretary may deem necessary for the establishment and administration of the property as a national memorial. SEC. 2. The property acquired pursuant to the first section of this Act shall be known as the Thaddeus Kosciuszko National Memorial and it shall be administered by the Secretary of the Interior in accordance with the Act of August 25, 1916 (39 Stat. 535), as amended and supplemented (16 U.S.C. 1, 2-4:), and the Act of August 21, 1935 (49 Stat. 666; 16 U.S.C. 461-467). SEC. 3. There are hereby authorized to be appropriated not more than $592,000 for the development of the national memorial. Approved October 21, 1972. 82-081 O - 73 - 67

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Page:United States Statutes at Large Volume 86.djvu/1089

 86 STAT. ]

PUBLIC LAW 92-525-OCT. 21, 1972

1047

Public Law 92-525 AN ACT

To provide for the establishment of the Hohokam Pima National Monument in the vicinity of the Snaketown archeological site, Arizona, and for other purposes.

October 21, 1972

'

i

Be it enacted by the Senate and House of Representatives of the Hohokam Pima United States of America in Congress assembled, That, in order to National Monument, preserve and interpret for the benefit and inspiration of the people a AH'Z site containing significant archeological values, including the irriga- Establishment, tion systems in the valleys of central Arizona developed by the Hohokam and Pima Indians, and their descendants, the Secretary of the Interior (hereinafter referred to as the "Secretary") is authorized to establish the Hohokam Pima National Monument (hereinafter referred to as the "monument"). Such monument, which fhall not exceed two thousand acres in size, shall comprise lands in the vicinity of and including the Snaketown archeological site on the Gila River Indian Reservation, Arizona, as generally depicted on the drawing entitled '"Boundary Map Snaketown National Monument", numbered NM-SNA 20,003-A and dated October 1971. The monument may be established by the Secretary when he determines that the beneficial interest in a sufficient amount of land has been transferred to constitute an efficiently administrable unit. SEC. 2. (a) The Gila River Indian Community Council (hereinafter inferesf'ic^uireferred to as the "council") for the Gila River Indian Community sition authority. (hereinafter referred to as the "community") may acquire the beneficial interest in any allotted lands located within the boundaries of the monument and may, in exchange therefor, convey to such allottees, or their successors in interest, the beneficial interest in any lands of at least equal value outside the boundaries of the monument which are held in trust for the benefit of the community. I n arranging such equal exchanges with allottees the council may acquire beneficial whole or fractionated interests in tracts outside the boundaries of the monument. When the council is unable to acquire such interests, it may request that the Secretary, on its behalf and with funds which it provides, acquire such beneficial interest in any lands within the boundaries of the monument, and the Secretary may acquire such interest by condemnation. (b) The council is authorized to transfer to the Secretary the bene-. Beneficial ficial interest in any lands held in trust for the benefit of the com- t"ans^er.' munity, including such interests as are acquired pursuant to subsection (a) of this section, located within the boundaries of the monument. I n exchange for such transfer, the Secretary shall declare that title to public lands of at least equal value which are under his jurisdiction are held in trust for the community. SEC. 3. (a) The administration and protection of the Hohokam Pima Administration. National Monument shall be exercised by the Secretary in accordance with the Act of August 25, 1916 (39 Stat. 535), as amended (16 U.S.C. 1 et seq.); except that the council shall be permitted to develop and in^servi'cy"'^"* operate revenue-producing visitor services and facilities within such "^ ^^'^'^ ^^' monument in accordance with plans and regulations of the Secretary. Any revenues resulting from the operation of such services and facilities may be retained by the council. Admission f e e s, (b) An appropriate portion of any admission fees attributable to transfer. such services and facilities may, in accordance with an agreement between the Secretary and the Council, be transferred to the council. SEC. 4. There are hereby authorized to be appropriated not more ^pp'^°p"«ti°n than $135,000 for the acquisition of lands and not more than $1,781,000 for the development of the monument. Approved October 21, 1972. -081 O - 73 - 69

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


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Page:United States Statutes at Large Volume 86.djvu/1090

 1048

PUBLIC LAW 92-526-OCT. 21, 1972

Public Law 92-526

[86 STAT.

 * r^-iv WEJ

':.-uu'i

AN ACT October 21, 1972 [S. 3671] To amend provisions of law relating to the Administrative Conference of the United States. Administrative Conference of the U.S. 80 Stat. 390 Studies. Studies.

63 Stat. 393.

80 Stat. 416. 5 USC 5332 note.

Services and facilities, use. Gifts and bequests.

Voluntary services. 83 Stat. 446.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. Section 575 of title 5, United States Code, is amended— (a) by amending paragraph. (10) of subsection (c) to read as follows: "(10) organize and direct studies ordered by the Assembly or the Council, to contract for the performance of such studies with any public or private persons, firm, association, corporation, or institution under title III of the Federal Property and Administrative Services Act of 1949, as amended (41 U.S.C. 251-260), and to use from time to time, as appropriate, experts and consultants who may be employed in accordance with section 3109 of this title at rates not in excess of the maximum rate of pay for grade GS-15 as provided in section 5332 of this title;"; (b) by redesignating paragraphs (11) and (12) of subsection (c) as paragraphs (14) and (15) respectively and by adding the following new paragraphs: "(11) utilize, with their consent, the services and facilities of Federal agencies and of State and private agencies and instrumentalities with or without reimbursement; "(12) accept, hold, administer, and utilize gifts, devises, and bequests of property, both real and personal, for the purpose of aiding and facilitating the work of the Conference. Gifts and bequests of money and proceeds from sales of other property received as gifts, devises, or bequests shall be deposited in the Treasury and shall be disbursed upon the order of the Chairman. Property accepted pursuant to this section, and the proceeds thereof, shall be used as nearly as possible in accordance with the terms of the gifts, devises, or bequests. For purposes of Federal income, estate, or gift taxes, property accepted under this section shall be considered as a gift, devise, or bequest to the United States; "(13) accept voluntary and uncompensated services, notwithstanding the provisions of section 3679(b) of the Revised Statutes (31 U.S.C. 6 6 5 (b)); ". SEC. 2. Section 576 of title 5, United States Code, is amended to read as follows: "There are authorized to be appropriated sums necessary not in excess of $760,000 for the fiscal year ending June 30, 1974, $805,000 for the fiscal year ending June 30, 1975, $850,000 for the fiscal year ending June 30, 1976, $900,000 for the fiscal year ending June 30, 1977, and $950,000 for the fiscal year ending June 30, 1978, and for each fiscal year thereafter, to carry out the purposes of this subchapter.". Approved October 21, 1972.
 * §576. Appropriations

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Page:United States Statutes at Large Volume 86.djvu/1091

 86 STAT. ]

PUBLIC LAW 92-527-OCT. 21, 1972

1049

Public Law 92-527 AN ACT

October 21, 1972

To provide for the administration of the Mar-A-Lago National Historic Site, in Palm Beach, Florida.

[H.R. 13067]

Be it eTMcted by the Sejiate and House of Representatives of the United States of America in Congress assembled, (a) That the Secretary of the Interior (hereinafter referred to as the "Secretary") may accept, maintain, develop, and administer the Mar-A-Lago National Historic Site described in the order of designation dated January 16, 1969, as a part of the national park system pursuant to the provision of the Act of August 21, 1935 (49 Stat. 666; 16 U.S.C. 461 et seq.), as amended, at such time as the right to possession of the real and personal property comprising the historic site shall vest in the United States. (b) The Secretary is directed to use the authority contained in the Act of August 21, 1935 (supra) to enter into such agreements and to take such actions as he may deem necessary to provide for administration and for the use of the Mar-A-Lago National Historic Site as a temporary residence for visiting foreign dignitaries or heads of state or members of the executive branch of the United States Government. Any further use of this property shall be determined by the Secretary after conferring with the Mar-A-Lago National Historic Site Advisory Commission. SEC. 2. (a) There is hereby established a Mar-A-Lago National Historic Site Advisory Commission (hereafter referred to as the "Commission"). (b) The Commission shall be composed of five members appointed by the Secretary of the Interior for terms of three years each, as follows: (1) One member to be appointed from recommendations submitted by the Governor of the State of Florida; (2) One member to be appointed from recommendations submitted by the trustees appointed pursuant to the Mar-A-Lago Trust; and (3) Three members to be appointed by the Secretary, one of whom shall be designated Chairman of the Commission, to represent the general public interest, and two of whom shall be appointed from recommendations submitted by the town council of Palm Beach, Florida. (c) Any vacancy in the Commission shall be filled in the same manner in which the original appointment was made. (d) Members of the Commission shall serve without compensation, as such, but the Secretary is authorized to pay, upon vouchers signed by the Chairman, the expenses reasonably incurred by the Commission and its members in carrying out their responsibilities under this Act. (e) The Secretary, or his designee, shall, as the circumstances require meet and consult with the Commission on general policies and specific matters related to the administration of the historic site. (f) The Commission shall act and advise by affirmative vote of a majority of the members thereof. Approved October 21, 1972.

Mar-A-Lago National Historic Site, F l a. Acceptance arid administration.

Use.

Map-A-Lago National Historic Site Advisory Commission. Establishment; membership.

Vacancies. Expenses.

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Page:United States Statutes at Large Volume 86.djvu/1092

 1050

PUBLIC LAW 92-528-OCT. 21, 1972 Public Law 92-528

October 21, 1972 [S. 1198]

Indian Peaks Area, Colo. Preservation as wilderness, review. 16 USC 1132.

Report to President.

16 USC 1131 note. Appropriation.

[86 STAT.

Ttc-^'

AN ACT To authorize the Secretary of Agriculture to review as to its suitability for preservation as wilderness the area commonly known as the Indian Peaks Area in the State of Colorado. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) the Secretary of Agriculture, in accordance with the provisions of subsection 3(d) of the Wilderness Act of September 3, 1964 (78 Stat. 892) relating to public notice, public hearings, and review by State and other agencies, shall review, as to its suitability or nonsuitability for preservation as wilderness, the area (or any portion thereof) located partially in Arapaho National Forest and partially in Roosevelt National Forest, containing approximately seventy-one thousand acres, lying generally south of the southern boundary of Rocky Mountain National Park, Colorado, and commonly referred to as the "Indian Peaks Area," as generally depicted on a map entitled "Indian Peaks Study Area", dated October 4, 1972, and shall report his findings to the President. The President shall advise the United States Senate and the House of Representatives of his recommendations with respect to the designation of such area or portion thereof as "wilderness," together with maps and a definition of boundaries. Any recommendation of the President to the effect that such area or portion thereof should be designated as "wilderness" shall become effective only if so provided by an Act of Congress. (b) The review required by this Act, including any reports and recommendations with respect thereto, shall, except to the extent otherwise provided in this Act, be conducted in accordance with the applicable provisions of the Wilderness Act. SEC. 2. There is hereby authorized to be appropriated such amount as may be necessary to carry out the provisions of this Act. Approved October 21, 1972. Public Law 92-529

October 21, 1972 [H.R. 115631

Federal employees' life insurance. Waiver. 80 Stat. 595; 81 Stat. 219.

AN ACT To amend chapter 87 of title 5, United States Code, to waive employee deductions for Federal Employees' Group Life Insurance purposes during a period of erroneous removal or suspension. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 8706 of title 5, United States Code, is amended by adding at the end thereof the following new subsection: "(f) If the insurance of an employee stops because of separation from the service or suspension without pay, and the separation or suspension is thereafter officially found to have been erroneous, the employee is deemed to have been insured during the period of erroneous separation or suspension. Deductions otherwise required by section 8707 of this chapter shall not be withheld from any backpay awarded for the period of separation or suspension unless death or accidental dismemberment of the employee occurs during such period."' Approved Octobet 21, 1972.

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Page:United States Statutes at Large Volume 86.djvu/1093

 86 STAT. ]

PUBLIC LAW 92-531-OCT. 23, 1972

lOiJl

Public Law 92-530 AN ACT

October 21, 1972

For the relief of Cass County, North Dakota.

[S. 3483]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) the Secretary of the Treasury is authorized and directed to pay, under the provisions of section 125 of title 23, United States Code to Cass County, North Dakota, the sum of $85,000 for expenses incurred by Cass County, North Dakota, in reconstructing that portion of the Wild Rice Bridge which was designated as Federal-aid secondary route 639, as of September 28, 1971, and which bridge crosses the Red River between Clay County, Minnesota, and Cass County, North Dakota, such amount representing the difference between the amount paid by the United States as emergency disaster relief and the amount the United States would have paid for the reconstruction of such bridge after it was destroyed by a flood in April 1969, if the access road from Stanley Township in Cass County had been designated a Federal aid secondary road at the time such flood destroyed such bridge. (b) No part of the amount appropriated in this Act shall be paid or delivered by any agent or attorney on account of services rendered in connection with this claim, and the same shall be unlawful, any contract to the contrary notwithstanding. Any person violating the provisions of this subsection shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any amount not in excess of $1,000. Approved October 21, 1972.

cass county. '^^ ^^'^^ Bridge recon* TTsta"! 6i2r^" 84 Stat. i7i8; "*"'*' ^' ^°^'

Penalty.

Public Law 92-531 AN ACT October 23, 1972

Relating to compensation of members of the National Commission on the Financing of Postsecondary Education.

[H. R. 16883] ~

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 140(b) National comof the Education Amendments of 1972 is amended by adding at the end '"is^i*"^ °" ^^^J^ „ -

,

.

,

J

&

n a n c i n g of P o s t -

thereoi the lollowing new paragraph: sec ondary Educa"(4) Members of the Commission shall be entitled to receive the ^^^j^t^^^g daily equivalent of the annual rate of basic pay in effect for grade pens^tion!' GS-18 under section 5332 of title 5, United States Code, for each day ^""^^^^^^W^(including traveltime) during which they are engaged in the actual note^^^ performance of duties vested in the Commission, except that members of the Commission who are full-time officers or employees of the United States or Members of Congress shall receive no additional pay on account of their services on the Commission. While away from their ^^'^^^''^^ expenhomes or regular places of business in the performance of services for the Commission, all members of the Commission shall be allowed travel Expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in Government service are allowed expenses under section 5703(b) of title 5, United States Code. 8° ^t^*- '*Approved October 23, 1972.

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text:
Page:The Eurypterida of New York Volume 1.pdf/431

 {| width="500px" align="center" Fig. 111-15 nov. Fig. 111 Female operculum with portion of opercular appendage. Fig. 112 Seventh segment of swimming leg. Fig. 113 Postabdominal segment. Fig. 114 Ventral view of the appendages of carapace, I-IVe, the four pairs of endognathites or walking legs, showing the same relative lengths as in, the second being the longest. c, coxa of swimming leg, with gnathobase; d, broad marginal doublure of carapace, not observed in other specimens of Eusarcus; m, portion of metastoma. Fig. 115 Sternite. All figures natural size
 * The Eurypterida of New York figure 111-115.jpg
 * The Eurypterida of New York figure 111-115.jpg
 * }


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Page:United States Statutes at Large Volume 86.djvu/1094

 1052

PUBLIC LAW 92-532-OCT. 23, 1972

[86 STAT.

Public Law 92-532 October 23, 1972 [H.R. 9727]

Marine Protection, R e s e a r c h, and Sanctuaries Act of 1972.

AN ACT To regulate the transportation for clumping, and the dumping, of material into oc-ean waters, and for other purposes.

Be if enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Marine Protection, Research, and Sanctuaries Act of 1972". F I N D I N G, P O L I C Y, A N D PURPOSE

SEC. 2. (a) Unregulated dumping of material into ocean waters endangers human health, welfare, and amenities, and the marine environment, ecological systems, and economic potentialities. (b) The Congress declares that it is the policy of the United States to regulate the dumping of all types of materials into ocean waters and to prevent or strictly limit the dumping into ocean waters of any material which would adversely affect human health, welfare, or amenities, or the marine environment, ecological systems, or economic potentialities. To this end, it is the purpose of this Act to regulate the transportation of material from the United States for dumping into ocean waters, and the dumping of material, transported from outside the United States, if the dumping occurs in ocean waters over which the United States has jurisdiction or over which it may exercise control, under accepted principles of international law, in order to protect its territory or territorial sea. ,. DEFINITIONS

Ante, p. 816.

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SEC. 3. For the purposes of this Act the term— (a) "Administrator" means the Administrator of the Environmental Protection Agency. (b) "Ocean waters" means those waters of the open seas lying seaward of the base line from which the territorial sea is measured, as provided for in the Convention on the Territorial Sea and the Contiguous Zone (15 U S T 1606; T I A S 5639). (c) "Material" means matter of any kind or description, including, but not limited to, dredged material, solid waste, incinerator residue, garbage, sewage, sewage sludge, munitions, radiological, chemical, and biological warfare agents, radioactive materials, chemicals, biological and laboratory waste, wreck or discarded equipment, rock, sand, excavation debris, and industrial, mimicipal, agricultural, and other waste; but such term does not mean oil within the meaning of section 11 of the Federal Water Pollution Control Act, as amended (33 U.S.C. 1161) and does not mean sewage from vessels within the meaning of section 13 of such Act (33 U.S.C. 1163). (d) "United States" includes the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Canal Zone, the territories and possessions of the United States, and the Trust Territory of the Pacific Islands. (e) "Person" means any private person or entity, or any officer, employee, agent, department, agency, or instrumentality of the Federal Government, of any State or local unit of government, or of any foreign."government. (f) "Dumping" means a disposition of material: Provided, That it does not mean a disposition of any effluent from any outfall structure to the extent that such disposition is regulated under the provisions of the Federal AVater Pollution Control Act, as amended (33 U.S.C. 11511175), under the provisions of section 13 of the Rivers and Harbors Act

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Page:Constitution Amendment Act 1984.djvu/2

Rh

GENERAL EXPLANATORY NOTE

To amend the Republic of South Africa Constitution Act, 1961, so as to remove the restriction on the revision of the remuneration and allowances of members of the President’s Council; to amend the Republic of South Africa Constitution Act, 1983, so as to make further provision for the chairmanship at a meeting of a House of Parliament under certain circumstances, the administration of certain departments of State and the performance of the functions of a Minister in that connection, the circumstances under which a House of Parliament is deemed to have rejected a bill, the filling of casual vacancies in certain seats in Parliament, the joint rules and orders of the Houses of Parliament, the right to sit and to speak in a House of Parliament, the calling of joint sittings of the Houses of Parliament, the exercise of the powers conferred in any law on the Prime Minister, the joint rules and orders that may be approved by the House of Assembly, the first session of the first Parliament constituted in terms of that Act and the first delimitation of electoral divisions of the House of Representatives and the House of Delegates; to remove certain disqualifications of certain persons in respect of the first election of members of the last-mentioned Houses of Parliament; to authorize the payment of certain moneys to persons who vacate certain offices as a result of the provisions of the Republic of South Africa Constitution Act, 1983; and to provide for incidental matters.

(Afrikaans text signed by the State President.) (Assented to 5 July 1984.)

E IT ENACTED by the State President and the House of Assembly of the Republic of South Africa, as follows:―

1. (1) Section 102 of the Republic of South Africa Constitution Act, 1961, is hereby amended by the deletion of paragraph (c) of subsection (4).

(2) Subsection (1) shall be deemed to have come into operation on 1 July 1983.

2. Section 7 of the Republic of South Africa Constitution Act, 1983, is hereby amended by the substitution for paragraph (d) of subsection (1) of the following paragraph:


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Page:United States Statutes at Large Volume 86.djvu/1095

 86 STAT. ]

PUBLIC LAW 92-532-OCT. 23, 1972

of 1899, as amended (33 U.S.C. 407), or under the provisions of the Atomic Energy Act of 1954, as amended (42 U.S.C. 2011, et seq.), nor does it mean a routine discharge of effluent incidental to the propulsion of, or operation of motor-driven equipment on, vessels: Provided further, That it does not mean the constI'uction of any fixed structure or artificial island nor the intentional placement of any device in ocean waters or on or in the submerged land beneath such waters, for a purpose other than disposal, when such construction or such placement is otherwise regulated by Federal or State law or occurs pursuant to an authorized Federal or State program: And provided further, That it does not include the deposit of oyster shells, or other materials when such deposit is made for the purpose of developing, maintaining, or harvesting fisheries resources and is otherwise regulated by Federal or State law or occurs pursuant to an authorized Federal or State program. (g) "District couit of the United States" includes the District Court of Guam, the District Court of the Virgin Islands, the District Court of Pueito Rico, the District Court of the Canal Zone, and in the case of American Samoa and the Trust Territory of the Pacific Islands, the District Court of the United States for the District of Hawaii, which court shall have jurisdiction over actions arising therein. (h) "Secretary" means the Secretary of the Army. (1) "Dredged material" means any material excavated or dredged from the navigable waters of the United States. (j) "High-level radioactive waste" means the aqueous waste resulting from the operation of the first cycle solvent extraction system, or equivalent, and the concentrated waste from subsequent extraction cycles, or equivalent, in a facility for reprocessing irradiated reactor fuels, or irradiated fuel from nuclear power reactors. (k) "Transport" or "transportation" refers to the carriage and related handling of any material by a vessel, or by any other vehicle, including aircraft. ,, .,..,j.

TITLE I—OCEAN D U M P IX G ,..

P R O H I B I T E D ACTS

SKC. 101. (a) Xo person shall transport from the United States any radiological, chemical, or biological warfare agent or any high-level radioactive waste, or except as may be authorized in a permit issued under this title, and subject to regulations issued under section 108 hereof by the Secretary of the Department in which the Coast Guard is operating, any other material tor the purpose of dumping it into ocean waters. (b) No person shall dump any radiological, chemical, or biological warfare agent or any high-level radioactive waste, or, except as may be authorized in a permit issued under this title, any other material, transported from any location outside the United States, (1) into the territorial sea of the United States, or (2) into a zone contiguous to the territorial sea of the United States, extending to a line twelve nautical miles seaward from the base line from which the breadth of the territorial sea is measured, to the extent that it may affect the territorial sea or the territory of the United States. (c) No officer, employee, agent, department, agency, or instrumentality of the United States shall transport from any location outside the Ignited States any radiological, chemical, or biological warfare agent or any high-level radioactive waste, or, except as may be authorized in a permit issued under this title, any other material for the purpose of dumping it into ocean waters.

1053 ^o Stat. iis2. es Stat. 921.

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Page:United States Statutes at Large Volume 86.djvu/1096

 1054

PUBLIC LAW 92-532-OCT. 23, 1972

[86 STAT.

KNVIROXMENTAL PROTECTION AGENCY PERMITS

SEC. 102. (a) Except in relation to dredged material, as provided for in section 103 of this title, and in relation to radiological, chemical, and biological warfare agents and high-level radioactive waste, as provided for in section 101 of this title, the Administrator may issue permits, after notice and opportunity for public hearings, for the transportation from the United States or, in the case of an agency or instrumentality of the United States, for the transportation from a location outside the United States, of material for the purpose of dumping it into ocean waters, or for the dumping of material into the waters described in section 101(b), where the Administrator determines that such dumping will not unreasonably degrade or endanger human health, welfare, or amenities, or the marine environment, ecological systems, or economic potentialities. The Administrator shall establish and apply criteria for reviewing and evaluating such permit applications, and, in establishing or revising such criteria, shall consider, but not be limited in his consideration to, the following: (A) The need for the proposed dumping. (B) The effect of such dumping on human health and welfare, including economic, esthetic, and recreational values. (C) The effect of such dumping on fisheries resources, plankton, fish, shellfish, wildlife, shore lines and beaches. (D) The effect of such dumping on marine ecosystems, particularly with respect to— (i) the transfer, concentration, and dispersion of such material and its byproducts through biological, physical, and chemical processes, (ii) potential changes in marine ecosystem diversity, productivity, and stability, and (iii) species and community population dynamics. (E) The persistence and permanence of the effects of the dumping. (F) The effect of dumping particular volumes and concentrations of such materials. (G) Appropriate locations and methods of disposal or recycling, including land-based alternatives and the probable impact of requiring use of such alternate locations or methods upon considerations affecting the public interest. (H) The effect on alternate uses of oceans, such as scientific study, fishing, and other living resource exploitation, and nonliving resource exploitation. (I) In designating recommended sites, the Administrator shall utilize wherever feasible locations beyond the edge of the Continental Shelf. In establishing or revising such criteria, the Administrator shall consult with Federal, State, and local officials, and interested members of the general public, as may appear appropriate to the Administrator. With respect to such criteria as may affect the civil works program of the Department of the Army, the Administrator shall also consult with the Secretary. In reviewing applications for permits, the Administrator shall make such provision for consultation with interested Federal and State agencies as he deems useful or necessary. No permit shall be issued for a dumping of material which will violate applicable water quality standards. (b) The Administrator may establish and issue various categories of permits, including the general pennits described in section 104(c).

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Page:United States Statutes at Large Volume 86.djvu/1097

 86

STAT.

]

PUBLIC LAW 92-532-OCT. 23, 1972

lOSS

(c) The Administrator may, considering the criteria established pursuant to subsection (a) of this section, designate recommended sites or times for dumping and, when he jfinds it necessary to protect critical areas, shall, after consultation with the Secretary, also designate sites or times within which certain materials may not be dumped. (d) No permit is required under this title for the transportation for dumping or the dumping of fish wastes, except when deposited in harbors or other protected or enclosed coastal waters, or where the Administrator finds that such deposits could endanger health, the environment, or ecological systems in a specific location. Where the Administrator makes such a finding, such material may be deposited only as authorized by a permit issued by the Administrator uncler this section. CORPS o r ENGINEERS PERMITS

SEC. 103. (a) Subject to the provisions of subsections (b), (c), and (d) of this section, the Secretary may issue permits, after notice Notice, public and opportunity for public hearings, for the transportation of dredged '"^^""^s. material for the purpose of dumping it into ocean waters, where the Secretary determines that the dumping will not unreasonably degrade or endanger human health, welfare, or amenities, or the marine environment, ecological systems, or economic potentialities. (b) In making the determination required by subsection (a), the Secretary shall apply those criteria, established pursuant to section 102(a), relating to the effects of the dumping. Based upon an evaluation of the potential effect of a permit denial on navigation, economic and industrial development, and foreign and domestic commerce of the United States, the Secretary shall make an independent determination as to the need for the dumping. The Secretary shall also make an independent determination as to other possible methods of disposal and as to appropriate locations for the dumping. I n considering appropriate locations, he shall, to the extent feasible, utilize the recommended sites designated by the Administrator pursuant to section 102(c). (c) Prior to issuing any permit under this section, the Secretary shall first notify the Administrator of his intention to do so. I p any case in which the Administrator disagrees with the determination of the Secretary as to compliance with the criteria established pursuant to section 102(a) relating to the effects of the dumping or with the restrictions established pursuant to section 102(c) relating to critical areas, the determination of the Administrator shall prevail. Unless the Administrator grants a waiver pursuant to subsection (d), the Secretary shall not issue a permit which does not comply with such criteria and with such restrictions, (d) If, in any case, the Secretary finds that, in the disposition of waiver, dredged material, there is no economically feasible method or site available other than a dumping site the utilization of which would result in non-compliance with the criteria established pursuant to section 102(a) relating to the effects of dumping or with the restrictions established pursuant to section 102(c) relating to critical areas, he shall so certify and request a waiver from the Administrator of the specific requirements involved. Within thirty days of the receipt of the waiver request, unless the Administrator 6nds that the dumping of the material will result in an unacceptably adverse impact on municipal water supplies, shell-fish beds, wildlife, fisheries (including spawning and breeding areas), or recreational areas, he shall grant the waiver.

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[86 STAT.

(e) I n connection with Federal projects involving dredged material, the Secretary may, in lieu of the permit procedure, issue regulations which will require the application to such projects of the same criteria, other factors to be evaluated, the same procedures, and the same requirements which apply to the issuance of permits under subsections (a), (b), (c),and (d) of this section. PERMIT

Public information.

CONDITIONS

SEC. 104. (a) Permits issued under this title shall designate and include (1) the type of material authorized to be transported for dumping or to be dumped j (2) the amount of material authorized to be transported for dumping or to be dumped; (3) the location where such transport for dumping will be terminated or where such dumping will occur; (4) the length of time for which the permits are valid and their expiration date; (5) any special provisions deemed necessary by the Administrator or the Secretary, as the case may be, after consultation with the Secretary of the Department in which the Coast Guard is operating, for the monitoring and surveillance of the transportation or dumping; and (6) such other matters as the Administrator or the Secretary, as the case may be, deems appropriate. (b) The Administrator or the Secretary, as the case may be, may prescribe such processing fees for permits and such reporting requirements for actions taken pursuant to permits issued by him under this title as he deems appropriate. (c) Consistent with the requirements of sections 102 and 103, but in lieu of a requirement for specific permits in such case, the Administrator or the Secretary, as the case may be, may issue general permits for the transportation for dumping, or dumping, or both, of specified materials or classes of materials for which he may issue permits, which he determines will have a minimal adverse environmental impact. (d^ Any permit issued under this title shall be reviewed periodically and, if appropriate, revised. The Administrator or the Secretary, as the case may be, m&y limit or deny the issuance of permits, or he may alter or revoke partially or entirely the terms of permits issued by him under this title, for the transportation for dumping, or for the dumping, or both, of specified materials or classes of materials, where he finds that such materials cannot be dumj^ed consistently with the criteria and other factors required to be applied in evaluating the permit application. No action shall be taken under this subsection unless the affected person or permittee shall have been given notice and opportunity for a hearing on such action as proposed. (e) The Administrator or the Secretary, as the case may be, shall require an applicant for a permit under this title to provide such information as he may consider necessary to review and evaluate such application. (f) Information received by the Administrator or the Secretary, as the case may be, as a part of any application or in connection with any permit granted under this title shall be available to the public as a matter of public record, at every stage of the proceeding. The final determination of the Administrator or the Secretary, as the case may be, shall be likewise available. (g) A copy of a n j permit issued under this title shall be placed in a conspicuous place m the vessel which will be used for the transportation or dumping authorized by such permit, and an additional copy shall be furnished by the issuing official to the Secretary of the department in which the Coast Guard is operating, or its designee.

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1057

PENALTIES

SEC. 105. (a) Any person who violates any provision of this title, or of the regulations promulgated under this title, or a permit issued under this title shall be liable to a civil penalty of not more than $50,000 for each violation to be assessed by the Administrator. No penalty shall be assessed until the person charged shall have been given notice and an opportunity for a hearing of such violation. In determining the amount of the penalty, the gravity of the violation, prior violations, and the demonstrated good faith of the person charged in attempting to achieve rapid compliance after notification of a violation shall be considered by said Administrator. For good cause shown, the Administrator may remit or mitigate such penalty. T 'pon failure of the offending party to pay the penalty, the Administrator may request the Attorney General to commence an action in the appropriate district court of the United States for such relief as may be appropriate. (b) In addition to any action which may be brought under subsection (a) of this section, a person who knowingly violates this title, regulations promulgated under this title, or a permit issued under this title shall be fined not more than $50,000, or imprisoned for not more than one j'ear, or both. (c) For the purpose of imposing civil penalties and criminal fines under this section, each day of a continuing violation shall constitute a separate offense as shall the dumping from each of several vessels, or other sources. (d) The Attorney General or his delegate may bring actions for equitable relief to enjoin an imminent or continuing violation of this N title, of regulations promulgated under this title, or of permits issued under this title, and the district courts of the United States shall have jurisdiction to grant such relief as the equities of the case may require. (e) A vessel, except a public vessel within the meaning of section Liability. 13 of the Federal Water Pollution Control Act, as amended (33 U.S.C. 1163), used in a violation, shall be liable in rem for any civil penalty Ante, p. 816. assessed or criminal fine imposed and may be proceeded against in any district court of the United States having jurisdiction thereof; but no vessel shall be liable unless it shall appear that one or more of the owners, or bareboat charterers, was at the time of the violation a consenting party or privy to such violation. (f) If the provisions of any permit issued under section 102 or 103,^^^'^' PP- ^°54, are violated, the Administrator or the Secretary, as the case may be, 1055. may revoke the permit or may suspend the permit for a specified period of time. No permit shall be revoked or suspended unless the permittee shall have been given notice and opportunity for a hearing on such violation and proposed suspension or revocation. (g)(1) Except as provided in paragraph (2) of this subsection any person may commence a civil suit on his own behalf to enjoin any person, including the United States and any other governmental instrumentality or agency (to the extent permitted by the eleventh amendment to the Constitution), who is alleged to be in violation of any prohibition, limitation, criterion, or permit established or issued by or under this title. The district courts shall have jurisdiction, without regard to the amount in controversy or the citizenship of the parties, to enforce such prohibition, limitation, criterion, or permit, as the case may be.

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Exception.

PUBLIC LAW 92-532-OCT. 23, 1972

[86

STAT.

(2) No action may be commenced— (A) prior to sixty days after notice of the violation has been given to the Administrator or to the Secretary, and to any alleged violator of the prohibition, limitation, criterion, or permit; or (B) if the Attorney General has commenced and is diligently prosecuting a civil action in a court of the United States to require compliance with the prohibition, limitation, criterion, or permit; or (C) if the Administrator has commenced action to impose a penalt;^ pursuant to subsection (a) of this section, or if the Administrator, or the Secretary, has initiated permit revocation or suspension proceedings under subsection (f) of this section; or (D) if the United States has commenced and is diligently prosecuting a criminal action in a court of the United States or a State to redress a violation of this title. (3)(A) Any suit under this subsection may be brought in the judicial district in which the violation occurs. (B) In any such suit under this subsection in which the United States is not a party, the Attorney General, at the request of the Administrator or Secretary, may intervene on behalf of the United States as a matter of right. (4) The court, in issuing any final order in any suit brought pursuant to paragraph (1) of this subsection may award costs of litigation (including reasonable attorney and expert witness fees) to any party, whenever the court determines such award is appropriate. (5) The injunctive relief provided by this subsection shall not restrict any right which any person (or class of persons) may have under any statute or common law to seek enforcement of any standard or limitation or to seek any other relief (including relief against the Administrator, the Secretary, or a State agency). (]^^ j^o pcrsou shall be subject to a civil penalty or to a criminal fine or imprisonment for dumping materials from a vessel if such materials are dumped in an emergency to safeguard life at sea. Any such emergency dumping shall be reported to the Administrator under such conditions as he may prescribe. RELATIONSHIP TO OTHER LAWS

SEC. 106. (a) After the effective date of this title, all licenses, permits, and authorizations other than those issued pursuant to this title shall be void and of no legal effect, to the extent that they purport to authorize any activity regulated by this title, and whether issued before or after the effective date of this title. (b) The provisions of subsection (a) shall not apply to actions taken before the effective date of this title under the authority of the Rivers and Harbors Act of 1899 (30 Stat. 1151), as amended (33 U.S.C.401et.seq.). (c) Prior to issuing any permit under this title, if it appears to the Administrator that the disposition of material, other than dredged material, may adversely affect navigation in the territorial sea of the United States, or in the approaches to any harbor of the United States, or may create an artificial island on the Outer Continental Shelf, the Administrator shall consult with the Secretary and no permit shall

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be issued if the Secretary determines that navigation will be unreasonably impaired. (d) After the effective date of this title, no State shall adopt or enforce any rule or regulation relating to any activity regulated by this title. Any State may, however, propose to the Administrator criteria relating to the dumping of materials into ocean waters within its jurisdiction, or into other ocean waters to the extent that such dumping may affect waters within the jurisdiction of such State, and if the Administrator determines, after notice and opportunity for hearing, that the proposed criteria are not inconsistent with the purposes of this title, may adopt those criteria and may issue regulations to implement such criteria. Such determination shall be made by the Administrator within one hundred and twenty days of receipt of the proposed criteria. For the purposes of this subsection, the term "State" means any State, interstate or regional authority, Federal territory or Commonwealth or the District of Columbia. (e) Nothing in this title shall be deemed to affect in any manner or to any extent any provision of the Fish and Wildlife Coordination Act as amended (16 U.S.C. 661-666c).

1059

"state."

eo Stat. loso; 72 Stat. 5 6 3.

ENFORCEMENT

SEC. 107. (a) The Administrator or the Secretary, as the case may be, may, whenever appropriate, utilize by agreement, the personnel, services and facilities of other Federal departments, agencies, and instrumentalities, or State agencies or instrumentalities, whether on a reimbursable or a nonreimbursable basis, in carrying out his responsibilities under this title. (b) The Administrator or the Secretary may delegate responsibility and authority for reviewing and evaluating permit applications, including the decision as to whether a permit will be issued, to an officer of his agency, or he may delegate, by agreement, such responsibility and authority to the heads of other Federal departments or agencies, whether on a reimbursable or nonreimbursable basis. (c) The Secretary of the department in which the Coast Guard is operating shall conduct surveillance and other appropriate enforcement activity to prevent unlawful transportation of material for dumping, or unlawful dumping. Such enforcement activity shall include, but not be limited to, enforcement of regulations issued by him pursuant to section 108, relating to safe transportation, handling, carriage, storage, and stowage. The Secretary of the Department in which the Coast Guard is operating shall supply to the Administrator and to the Attorney General, as appropriate, such information of enforcement activities and such evidentiary material assembled as they may require in carrying out their duties relative to penalty assessments, criminal prosecutions, or other actions involving litigation pursuant to the provisions of this title. REGULATIONS

SEC. 108. I n carrying out the responsibilities and authority conferred by this title, the Administrator, the Secretary, and the Secretary of the department in which the Coast Guard is operating are authorized to issue such regulations as they may deem appropriate.

^"^'«-

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PUBLIC LAW 92-532-OCT. 23, 1972 . «\Kr:.?v*i.

INTERNATIONAL

[86 STAT.

COOPERATION

SEC. 109. The Secretary of State, in consultation with the Administrator, shall seek effective international action and cooperation to insure protection of the marine environment, and may, for this purpose, formulate, present, or support specific proposals in the United Nations and other competent international organizations for the development of appropriate international rules and regulations in support of the policy of this Act. EFFECTIVE DATE A N D SAVINGS PROVISIONS

Appropriation.

Annual report to C o n g r e s s.

SEC. 110. (a) This title shall take effect six months after the date of the enactment of this Act. (b) No legal action begun, or right of action accrued, prior to the effective date of this title shall be affected by any provision of this title. SEC. 111. There are hereby authorized to be appropriated not to exceed $3,600,000 for fiscal year 1973, and not to exceed $5,500,000 for fiscal year 1974, for the purposes and administration of this title, and for succeeding fiscal years only such sums as the Congress may authorize by law. SEC. 112. The Administrator shall report annually, on or before June 30 of each year, with the first report to be made on or before June 30, 1973 to the Congress, on his administration of this title, including recommendations for additional legislation if deemed necessary. TITLE II — C O M P R E H E N S IV E R E S E A R C H ON OCEAN DUMPING

Report to Congress.

SEC. 201. The Secretary of Commerce, in coordination with the Secretary of the Department in which the Coast Guard is operating and with the Administrator shall, within six months of the enactment of this Act, initiate a comprehensive and continuing program of monitoring and research regarding the effects of the dumping of material into ocean waters or other coastal waters where the tide ebbs and flows or into the Great Lakes or their connecting waters and shall report from time to time, not less frequently than annually, his findings (including an evaluation of the short-term ecological effects and the social and economic factors involved) to the Congress. SEC. 202. (a) The Secretary of Commerce, in consultation with other appropriate Federal departments, agencies, and instrumentalities shall, within six months of the enactment of this Act, initiate a comprehensive and continuing program of research with respect to the possible long-range effects of pollution, overfishing, and maninduced changes of ocean ecosystems. I n carrying out such research, the Secretary of Commerce shall take into account such factors as existing and proposed international policies affecting oceanic problems, economic considerations involved in both the protection and the use of the oceans, possible alternatives to existing programs, and ways in which the health of the oceans may best be preserved for the benefit of succeeding generations of mankind. (b) I n carrying out his responsibilities under this section, the Secretary of Commerce, under the foreign policy guidance of the President and pursuant to international agreements and treaties made by

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1061

the President with the advice and consent of the Senate, may act alone or in conjunction with any other nation or group of nations, and shall make known the results of his activities by such channels of communication as may appear appropriate. (c) I n January of each year, the Secretary of Commerce shall report ^^""e^i '^^^°'^' *° to the Congress on the results of activities undertaken by him pursuant °"8'"^^^to this section during the previous fiscal year. (d) Each department, agency, and independent instrumentality of the Federal Government is authorized and directed to cooperate with the Secretary of Commerce in carrying out the purposes of this section and, to the extent permitted by law, to furnish such information as may be requested. (e) The Secretary of Commerce, in carrying out his responsibilities interagency under this section, shall, to the extent feasible utilize the personnel, ^K''^^"*^"*^services, and facilities of other Federal departments, agencies, and instrumentalities (including those of the Coast Guard for monitoring purposes), and is authorized to enter into appropriate inter-agency agreements to accomplish this action. SEC. 203. The Secretary of Commerce shall conduct and encourage, Federarstate cooperate with, and render financial and other assistance to appro{)ri- ''°°'^"^ ate public (whether Federal, State, interstate, or local) authorities, agencies, and institutions, private agencies and institutions, and individuals in the conduct of, and to promote the coordination of, research, investigations, experiments, training, demonstrations, surveys, and studies for the purpose of determining means of minimizing or ending all dumping of materials within five years of the effective date of this ~ Act. SEC. 204. There are authorized to be appropriated for the first fiscal Appropriation. year after this Act is enacted and for the next two fiscal years thereafter such sums as may be necessary to carry out this title, but the sums appropriated for any such fiscal year may not exceed $6,000,000. TITLE III—MARINE SANCTUARIES SEC. 301. Notwithstanding the provisions of subsection (h) of section 3 of this Act, the term "Secretary", when used in this title, means Secretary of Commerce. SEC. 302. (a) The Secretary, after consultation with the Secretaries of State, Defense, the Interior, and Transportation, the Administrator, and the heads of other interested Federal agencies, and with the approval of the President, may designate as marine sanctuaries those areas of the ocean waters, as far seaward as the outer edge of the Continental Shelf, as defined in the Convention of the Continental Shelf (15 U.S.T. 74; T I A S 5578), of other coastal waters where the tide ebbs and flows, or of the Great Lakes and their connecting waters, which he determines necessary for the purpose of preserving or restoring such areas for their conservation, recreational, ecological, or esthetic values. The consultation shall include an opportunity to review and comment on a specific proposed designation. (b) Prior to designating a marine sanctuary which includes waters lying within the territorial limits of any State or superjacent to the subsoil and seabed within the seaward boundary of a coastal State, as that boundary is defined in section 2 of title I of the Act of May 22, 1953 (67 Stat. 29), the Secretary shall consult with, and give due consideration to the views of, the responsible officials of the State involved. As to such waters, a designation under this section shall become effec-

'Secretary."

^^ UST 47I.

43 USC 1301.

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Annual report to Congress.

Hearings.

Regulations.

Penalties.

PUBLIC LAW 92-532-OCT. 23, 1972

[86 STAT.

tive sixty days after it is published, unless the Governor of any State involved shall, before the expiration of the sixty-day period, certify to the Secretary that the designation, or a specified portion thereof, is unacceptable to his State, in which case the designated sanctuary shall not include the area certified as unacceptable until such time as the Governor withdraws his certificatix)n of unacceptability. (c) When a marine sanctuarv is designated, pursuant to this section, which includes an area of ocean waters outside the territorial jurisdiction of the United States, the Secretary of State shall take such actions as may be appropriate to enter into negotiations with other Governments for the purpose of arriving at necessary agreements with those Governments, in order to protect such sanctuary and to promote the purposes for which it was established. (d) The Secretary shall submit an annual report to the Congress, on or before Novemoer 1 of each year, setting forth a comprehensive review of his actions during the previous fiscal year undertaken pursuant to the authority of this section, together with appropriate recommendation for legislation considered necessary for the designation and protection of marine sanctuaries. (e) Before a marine sanctuary is designated under this section, the Secretary shall hold public hearings in the coastal areas which would be most directly affected by such designation, for the purpose of receiving and giving proper consideration to the views of any interested party. Such hearings shall be held no earlier than thirty days after the publication of a public notice thereof. (f) After a marine sanctuary has been designated under this section, the Secretary, after consultation with other interested Federal agencies, shall issue necessary and reasonable regulations to control any activities permitted within the designated marine sanctuary, and no permit, license, or other authorization issued pursuant to any other authority shall be valid unless the Secretary shall certify that the permitted activity is consistent with the purposes of this title and can be carried out within the regulations promulgated under this section. (g) The regulations issued pursuant to subsection (f) shall be applied in accordance with recognized principles of international law, including treaties, conventions, and other agreements to which the United States is s i ^ a to r y. Unless the application of the regulations is in accordance with such principles or is otherwise authorized by an agreement between the United States and the foreign State of which the affected person is a citizen or, in the case of the crew of a foreign vessel, between the United States and flag State of the vessel, no regulation applicable to ocean waters outside the territorial jurisdiction of the United States shall be applied to a person not a citizen of the United States. SEC. 303. (a) Any person subject to the jurisdiction of the United States who violates any regulation issued pursuant to this title shall be liable to a civil penalty of not more than $50,000 for each such violation, to be assessed by the Secretary. Each day of a continuing violation shall constitute a separate violation. (b) No penalty shall oe assessed under this section until the person charged has been given notice and an opportunity to be heard. Upon failure of the offending party to pay an assessed penalty, the Attorney General, at the request of the Secretary, shall commence action in the appropriate district court of the United States to collect the penalty and to seek such other relief as may be appropriate.

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(c) A vessel used in the violation of a reflation issued pursuant to this title shall be liable in rem for any civil penalty assessed for such violation and may be proceeded against in any district court of the United States having jurisdiction thereof. (d) The district courts of the United States shall have jurisdiction to restrain a violation of the regulations issued pursuant to this title, and to grant such other relief as may be appropriate. Actions shall be brought by the Attorney General in the name of the United States, either on his own initiative or at the request of the Secretary. SEC. 304. There are authorized to be appropriated for the fiscal year in which this Act is enacted and for the next two fiscal years thereafter such sums as may be necessary to carry out the provisions of this title, including sums for the costs of acquisition, development, and operation of marine sanctuaries designated under this title, but the sums appropriated for any such fiscal year shall not exceed $10,000,000. Approved October 23, 1972.

1063 Liability.

Jurisdiction.

Appropriation.

Public Law 92-533 AN ACT. To authorize additional funds for acquisition of interests in land within the area known as Piscataway Park in the State of Maryland.

October 23, 19 72 [H.R. 15597]

Be it enacted ty the Senate and House of Representatives of the United States of America in Congress assemtled, That section 4 of Piscataway the Act of October 4, 1961 (75 Stat. 780, 782), as amended (80 Stat. Addufonai 319), is further amended by deleting "$4,132,000" and inserting funds. "$5,657,000". Approved October 23, 1972. Public Law 92-534 AN ACT October 23, 1972 To release certain restrictions on the acquisition of lands for recreational devel[H.R. 10384] opment and for the protection of natural resources at fish and wildlife areas administered by the Secretary of the Interior.

Be it enacted by the Senate and House of Representatives of the National conUnited States of America in Congress assembled, That section 2 of servation areas. the Act of September 28, 1962 (76 Stat. 653), as amended (16 U.S.C. Land acquisi460k-l), is further amended to read as follows: tion. "SEC. 2. The Secretary is authorized to acquire areas of land which are suitable for— (1) fish and wildlife-oriented recreational development, or (2) the protection of natural resources, and are adjacent to the said conservation areas; except that the acquisition of any land or interest therein pursuant to this section shall be accomplished only with such funds as may be appropriated therefor by the Congress or donated for such purposes, but such property shall not be acquired with funds obtained from the sale of Federal migratory bird hunting stamps. Lands acquired pursuant to this section shall become a part of the particular conservation area to which they are adjacent." Approved October 23, 1972.

82-081 O - 73 - 70

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PUBLIC LAW 92-535-OCT. 23, 1972 Public Law 92-535

October 23, 1972 [H.R. 12186]

Bald and golden eagles. Protection. 76 Stat. 1246.

Penalties, increase.

Grazing agreements, cancellation authority.

[86 STAT.

•

^ - - ^r «:., . AN ACT To strengthen the penalties imposed for violations of the Bald Eagle Protection Act, and for other purposes.

Be it enacted ty the Senate and House of Representatives of the United States of America in Congress assembled, That the first section of the Act entitled "An Act for the protection of the bald eagle", approved June 8, 1940 (16 U.S.C. 668), is amended— (1) by inserting " (a) " immediately before "Whoever", (2) by inserting "knowingly, or with wanton disregard for the consequences of his act", immediately before "take"; (3) by striking out "shall be fined not more than $500 or imprisoned not more than six months, or both: Provided,'' and inserting in lieu thereof the following: "or whoever violates any permit or regulation issued pursuant to this Act, shall be fined not more than $5,000 or imprisoned not more than one year or both: Provided, That in the case of a second or subsequent conviction for a violation of this section committed after the date of the enactment of this proviso, such person shall be fined not more than $10,000 or imprisoned not more than two years, or both: Provided further, That the commission of each taking or other act prohibited by this section with respect to a bald or golden eagle shall constitute a separate violation of this section: Provided further, That one-half of any such fine, but not to exceed $2,500, shall be paid to the person or persons giving information which leads to conviction: Provided further,''; and (4r) by adding at the end thereof the following new subsections: " (b) Whoever, within the United States or any place subject to the jurisdiction thereof, without being permitted to do so as provided in this Act, shall take, possess, sell, purchase, barter, offer to sell, purchase or barter, transport, export or import, at any time or in any manner, any bald eagle, commonly known as the American eagle, or any golden eagle, alive or dead, or any part, nest, or egg thereof of the foregoing eagles, or whoever violates any permit or regulation issued pursuant to this Act, may be assessed a civil penalty by the Secretary of not more than $5,000 for each such violation. Each violation shall be a separate offense. No penalty shall be assessed unless such person is given notice and opportunity for a hearing with respect to such violation. In determining the amount of the penalty, the gravity of the violation, and the demonstrated good faith of the person charged shall be considered by the Secretary. For good cause shown, the Secretary may remit or mitigate any such penalty. Upon any failure to pay the penalty assessed under this section, the Secretary may request the Attorney General to institute a civil action in a district court of the United States for any district in which such person is found or resides or transacts business to collect the penalty and such court shall have jurisdiction to hear and decide any such action. I n hearing any such action, the court must sustain the Secretary's action if supported by substantial evidence. "(c) The head of any Federal agency who has issued a lease, license, permit, or other agreement authorizing the grazing of domestic livestock on Federal lands to any person who is convicted of a violation of this Act or of any permit or regulation issued hereunder may

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immediately cancel each such lease, license, permit, or other agreement. The United States shall not be liable for the payment of any compensation, reimbursement, or damages in connection with the cancellation of any lease, license, permit, or other agreement pursuant to this section." SEC. 2. Section 2 of the Act of June 8, 1940 (16 U.S.C. 668a), is amended by striking out the period at the end thereof and inserting the following: ": Provided further, That the Secretary of the Interior, pursuant to such regulations as he may prescribe, may permit the taking, possession, and transportation of golden eagles for the purposes of falconry, except that only golden eagles which would be taken because of depredations on livestock or wildlife may be taken for purposes of falconry." SEC. 3. Section 3 of the Act of June 8, 1940 (16 U.S.C. 668b) is amended to read as follows: "SEC. 3. (a) Any employee of the Department of the Interior authorized by the Secretary of the Interior to enforce the provisions of this Act may, without warrant, arrest any person committing in his presence or view a violation of this Act or of any permit or regulation issued hereunder and take such person immediately for examination or trial before an officer or court of competent Jurisdiction; may execute any warrant or other process issued by an officer or court of competent jurisdiction for the enforcement of the provisions of this Act; and may, with or without a warrant, as authorized by law, search any place. The Secretary of the Interior is authorized to enter into cooperative agreements with State fish and wildlife agencies or other appropriate State authorities to facilitate enforcement of this Act, and by said agreements to delegate such enforcement authority to State law enforcement personnel as he deems appropriate for effective enforcement of this Act. Any judge of any court established under the laws of the United States, and any United States commissioner may, within his respective jurisdiction, upon proper oath or affirmation showing probable cause, issue warrants in all such cases. " (b) AH bald or golden eagles, or parts, nests, or eggs thereof, taken, possessed, sold, purchased, bartered, offered for sale, purchase, or barter, transported, exported, or imported contrary to the provisions of this Act, or of any permit or regulation issued hereunder, and all guns, traps, nets, and other equipment, vessels, vehicles, aircraft, and other means of transportation used to aid in the taking, possessing, selling, purchasing, bartering, offering for sale, purchase, or barter, transporting, exporting, or importing of any bird, or part, nest, or egg thereof, in violation of this Act or of any permit or regulation issued hereunder shall be subject to forfeiture to the United States. " (c) All provisions of law relating to the seizure, forfeiture, and condemnation of a vessel for violation of the customs laws, the disposition of such vessel or the proceeds from the sale thereof, and the remission or mitigation of such forfeitures, shall apply to the seizures and forfeitures incurred, or alleged to have been incurred, under the provisions of this Act, insofar as such provisions of law are applicable and not inconsistent with the provisions of this Act: Provided, That all powers, rights, and duties conferred or imposed by the customs laws upon any officer or employee of the Treasury Department shall, for the purposes of this Act, be exercised or performed by the Secretary of the Interior or by such persons as he may designate." SEC. 4. Section 4 of such Act of June 8, 1940 (16 U.S.C. 668c), is amended by inserting "poison" immediately after "shoot at," and by striking out "otherwise willfully". Approved October 23, 1972.

1065

Falconry permits. 76 Stat. 1246.

Enforcement. 54 Stat. 2 5 1.

Cooperative agreements.

Forfeitxire.

54 Stat. 2 5 1.

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Page:United States Statutes at Large Volume 86.djvu/1108

 1066

PUBLIC LAW 92-536-OCT. 23, 1972

Public Law 92-536

^^

[86 STAT.

—

AN ACT October 23, 1972 [S. 2411] To establish the Cumberland Island National Seashore in the State of Georgia, and for other purposes. Cumberland Island National Seashore, Ga. Establishment.

Boundary revisions, notification of congressional committees publication in Federal Register.

Land acquisition.

Cumberland Island Parkway, right-of-way.

Administration. Regulations.

Private right of use and occupancy.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in order to provide for public outdoor recreation use and enjoyment of certain significant shoreline lands and waters of the United States, and to preserve related scenic, scientific, and historical values, there is ^ t a b lished in the State of Georgia the Cumberland Island National'Seashore (hereinafter referred to as the "seashore") consisting of the area generally depicted on the drawing entitled "Boundary Map, Cumberland Island National Seashore", numbered CUIS-40,000B, and dated June 1971, which shall be on file and available for public inspection in the offices of the National Park Service, Department of the Interior. The Secretary, of the Interior (hereinafter referred to as the "Secretary") may after notifying the Committees on Interior and Insular Affairs of the United States House of Representatives and United States Senate in writing, make minor adjustments in the boundary of the seashore from time to time by publication of a revised drawing or other boundary description in the Federal Register, but the total acreage within the boundaries shall not exceed forty thousand five hundred acres. SEC. 2. Within the boundaries of the seashore, the Secretary may acquire lands, waters, and interests therein by purchase, donation, transfer from any Federal agency, or exchange. The Secretary may also acquire not to exceed one hundred acres of lands or interests in lands on the mainland to provide access to the administrative and visitor facilities for the seashore. Any lands or interests therein owned by the State of Georgia, or any political subdivision thereof may be acquired only by donation. Notwithstanding any other provision of law, any Federal property located within the boundaries of the seashore may, with the concurrence of the agency having custody thereof, be transferred without transfer of funds to the administrative jurisdiction of the Secretary for the purposes of the seashore. SEC. 3. For the purpose of providing access from Interstate 95 to the mainland administrative and visitor facilities of the seashore, the Secretary may designate as the Cumberland Island Parkway a right-of-way, together with adjacent or related sites for public noncommercial recreational use and for interpretation of scenic and historic values, of not more than one thousand acres of lands, waters, and interests therein. The Secretary is authorized to acquire only by donation those lands and interests therein, and other property comprising such right-of-way and adjacent or related sites as he may designate pursuant to this Act for the development, hereby authorized, of a road of parkway standards, including necessary bridges, spurs, connecting roads, access roads, and other facilities, and for the development and interpretation of recreation areas and, historic sites in connection therewith. Lands acquired for the parkway shall be administered as a part of the seashore, subject to all laws and regulations applicable thereto, and subject to such special regulations as the Secretary may promulgate for the parkway. SEC. 4. (a) With the exception of any property deemed necessary by the Secretary for visitor facilities or administration of the seashore, any owner or owners of improved property on the date of its acquisition by the Secretary may, as a condition of such acquisition, retain for themselves and their successors or assigns a right of use and occu-

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Page:United States Statutes at Large Volume 86.djvu/1109

 86 STAT. ]

PUBLIC LAW 92-536-OCT. 23, 1972

10(S7

pancy of the property for noncommercial residential purposes, for twenty-five years, or, in lieu thereof, for a term ending at the death of the owner or his spouse, whichever is later. The owner shall elect the term to be reserved. The Secretary shall pay to the owner the fair market value of the property on the date of such acquisition less the fair market value on such date of the right retained by the owner: Provided, however, That, in addition, for so long as a right of use and occupancy remains in effect by the donors of land of one hundred acres or more, the Secretary shall not, with respect to such lands, develop any public use facilities except for trails, road access, and utilities: Provided further, That when acquiring lands, waters, and interests therein from the National Park Foundation, its successors and assigns, -i ^ the Secretary shall acquire such lands, waters, and interests subject to the written terms and conditions contained in those transactions, including but not limited to options, entered into by the National P a r k Foundation prior to January 1, 1973, and that such previous written rights and interests shall prevail over provisions of this paragraph. (b) A right of use and occupancy retained or enjoyed pursuant to commercial use, this section may be terminated with respect to the entire property by P"""^'^'*^""the Secretary upon his determination that the property or any portion thereof has ceased to be used for noncommercial residential purposes and upon tender to the holder of a right an amount equal to the fair market value, as of the date of tender, of that portion of the right which remains unexpired on the date of termination. (c) The term "improved property, as used in this section shall mean "improved a detached, noncommercial residential dwelling, the construction of P°p®''*y' which was begun before February 1, 1970 (hereinafter referred to as "dwelling"), together with so much of the land on which the dwelling is situated, the said land being in the same ownership as the dwelling, sj. u,a as the Secretary shall designate to be reasonably necessary for the enjoyment of the dwelling for the sole purpose of noncommercial residential use, together with any structures accessory to the dwelling which are situated on the land so designated. (d)(1) I n order to provide an opportunity for the establishment. Little cumber£

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land Island, ac-

01 a natural and scenic preserve by voluntary private action of certain quisition restricowners of lands within the seashore, and notwithstanding anything ^^ons. to the contrary herein contained, no lands or interests in lands shall be acquired on Little Cumberland Island without the consent of the owner, for a period of one year from the date of enactment of this Act, except as specifically otherwise provided herein. (2) I n the event that the owners of land on Little Cumberland Island enter into an irrevocable trust or some other irrevocable agreement for the preservation of the resources of Little Cumberland Island which, in the judgment of the Secretary, assures the protection of the resources in a manner consistent with the purposes for which the seashore is established, the authority of the Secretary to acquire such lands shall be suspended for such time as the trust is in effect and the lands are used and occupied in accordance therewith. (3) If, at any time during the one-year period following the date of enactment of this Act, the Secretary determines that any lands on Little Cumberland Island are threatened with development, or other uses, inconsistent with the establishment or continuation of the trust herein referred to, then the Secretary may acquire such lands, or interests therein, by any of the methods provided for in section 2 of this Act.

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Page:United States Statutes at Large Volume 86.djvu/1110

 1068 Hunting and fishing.

Administration.

Preservation in primitive state.

State jurisdiction.

Water resource developments.

Report to President.

Appropriation.

PUBLIC LAW 92-536-OCT. 23, 1972

[86 STAT.

SEC. 5. The Secretary shall permit hunting, fishing, and trapping on lands and waters under his jurisdiction within the boundaries of the seashore in accordance with the appropriate laws of Georgia and the United States to the extent applicable, except that he may designate zones where, and establish periods when, no hunting, fishing, or trapping shall be permitted for reasons of public safety, administration, fish and wildlife management, or public use and enjoyment. Except in emergencies, any regulations prescribing any such restrictions shall be put into effect only after consultation with the appropriate State agency responsible for hunting, fishing, and trapping activities. SEC. 6. (a) The seashore shall be administered, protected, and developed in accordance with the provisions of the Act of August 25, 1916 (39 Stat. 535; 16 U.S.C. 1, 2 ^), as amended and supplemented, except that any other statutory authority available to the Secretary for the conservation and management of natural resources may be utilized to the extent he finds such authority will further the purposes of the Act. (b) Except for certain portions of the seashore deemed to be especially adaptable for recreational uses, particularly swimming, boating, fishing, hiking, horseback riding, and other recreational activities of similar nature, which shall be developed for such uses as needed, the seashore shall be permanently preserved in its primitive state, and no development of the project or plan for the convenience of visitors shall be undertaken which would be incompatible with the preservation of the unique flora and fauna or the physiographic conditions not prevailing, nor shall any road or causeway connecting Cumberland Island to the mainland be constructed. SEC. 7. Nothing in this Act shall deprive the State of Georgia or any political subdivision thereof of its civil or criminal jurisdiction over persons found, acts performed, and offenses committed within the boundaries of the seashore, or of its right to tax persons, corporations, franchises, or other non-Federal property on lands included therein. SEC. 8. The authority of the Secretary of the Army to undertake or contribute to water resource developments, including shore erosion control, beach protection and navigation improvements on land and/or waters within the Cumberland Island National Seashore shall be exercised in accordance with plans which are mutually acceptable to the Secretary of the Interior and the Secretary of the Army and which are consistent with both the purpose of this Act and the purpose of existing statutes dealing with water and related land resource development. SEC. 9. Within three years from the date of enactment of this Act, the Secretary of the Interior shall report to the President, in accordance with subsections 3(c) and 3(d) of the Wilderness Act (78 Stat. 890; 16 LT.S.C. 1132 (c) and (d)), his recommendations as to the suitability or nonsuitability of any area within the national seashore for preservation as wilderness, and any designation of any such area as a wilderness shall be accomplished in accordance with said subsections of the Wilderness Act. SEC. 10. There are authorized to be appropriated not to exceed $10,500,000 for the acquisition of lands and interests in lands and not to exceed $27,840,000 for development of the seafihore. Approved October 23, 1972. -* *- ^ ••

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Page:United States Statutes at Large Volume 86.djvu/1111

 86 STAT. ]

PUBLIC LAW 92-537--OCT. 23, 1972

1069

Public Law 92-537 j

AN ACT

October 23, 1972

I

To establish the Fossil Butte National Monument in the State of Wyoming, and for other purposes.

[S* i^i]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, in order to fossii Butte preserve for the benefit and enjoyment of present and future genera- ment!"wyo.°"" tions outstanding paleontological sites and related geological phenom- Establishment. ena, and to provide for the display and interpretation of scientific specimens, the Fossil Butte National Monument (hereinafter referred to as the "monument") is hereby established, to consist of lands, waters, • "^ and interests therein within the boundaries as generally depicted on the drawing entitled "A Proposed Fossil Butte National Monument, Wyoming," Numbered FBNM-7200, dated April 1963, revised July 1964, and totaling approximately eight thousand one hundred and eighty acres. The Secretary of the Interior (hereinafter referred to as boundar^ °1the "Secretary") may revise the boundaries of the monument from visions, publicatime to time by publication of a notice to that effect in the Federal ^°".^" Federal Register, except that at no time shall the boundaries encompass more ^^^^ ^^' than eight thousand two hundred acres. SEC. 2. The Secretary shall administer the monument pursuant to Administration. the Act approved August 25, 1916 (39 Stat. 535; 16 U.S.C. 1, 2-4), as amended and supplemented. SEC. 3. Within the boundaries of the monument the Secretary may. ^^"'^ acquisiacquire lands and interests in lands by donation, purchase, or exchange, except that lands or interests therein owned by the State of Wyoming or a political subdivision thereof may be acquired only by donation or exchange. SEC. 4. (a) For a period of ten years, and for not more than ten and°^^tf^n^^^ years thereafter if extended by the Secretary, the continuation of existing uses of Federal lands and waters within the monument for grazing and stock watering may be permitted if the Secretary finds that such uses will not conflict with public use, interpretation, or administration of the monument: Provided, That the use of lands within the monument for stock driveways shall continue in perpetuity at such places where this use will not conflict with administration of the monument. (b) Upon termination of the uses set forth in subsection (a) of this dir^ositfo"^^"^' section, the Secretary of the Interior is authorized to provide for the ^^°^^ disposition and use of water surplus to the needs of the monument, to a point or points outside the boundaries of the monument. SEC. 5. There are hereby authorized to be appropriated $378,000 Appropriation. for land acquisition and not to exceed $4,469,000 (June 1971 prices) for development, plus or minus such amounts, if any, as may be Justified by reason of ordinary fluctuations in construction costs as indicated by engineering cost indices applicable to the type of construction involved herein. Approved October 23, 1972.
 * i^

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Page:United States Statutes at Large Volume 86.djvu/1112

 1070

PUBLIC LAW 92-538-OCT. 23, 1972 Public Law 92-538

October 23, 1972 [H.R. 13694]

American Revolution Bicentennial Commission.

Appropriation. Ante, p. 4 3.

Grants-in-aid.

[86 STAT.

"^^-^

AN ACT To amend the joint resolution establishing the American Revolution Bicentennial Commission, as amended. Be it enacted iy the Senate and House of Representatives of the United States of America in Congress assembled, That the joint resolution entitled "Joint resolution to establish the American Eevolution Bicentennial Commission, and for other purposes", approved July 4, 1966 (80 Stat. 259), as amended, is further amended as follows: Section 7(a) is amended to read as follows: "SEC. 7. (a) There is hereby authorized to be appropriated to carry out the purposes of this Act until February 15, 1973, $3,356,000, of which not to exceed $2,400,000 shall be for grants-in-aid pursuant to section 9(1) of this Act." SEC. 2. Section 9 is amended by the addition of the following new subsections: "(2) make grants to nonprofit entities including States, territories, the District of Colunibia, and the Commonwealth of Puerto Rico (or subdivisions thereof) to assist in developing or supporting bicentennial programs or projects. Such grants may be up to 50 per centmn of the total cost of the program or project to be assisted; "(3) in any case where money or property is donated, becjueathed, or devised to the Commission, and accepted thereby for purposes of assisting a specified nonprofit entity, including States, territories, the District of Columbia, and the Commonwealth of Puerto Rico (or subdivisions thereof), for a bicentennial program or project, grant such money or property, plus an amount not to exceed the value of the donation, bequest, or devise: Provided, That the recipient agrees to match the combined value of the grant for such bicentennial program or project." Approved October 23, 1972. Public Law 92-539

October 24, 1972 [H.R.15883]

Act for the Protection of Foreign Officials and Official G u e s t s of the United States.

AN ACT To amend title 18, United States Code, to provide for expanded protection of foreign officials, and for other purposes. Be it enacted ty the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Act for the Protection of Foreign Officials and Official Guests of the United States". STATEMENT OF F I N D I N G S A N D DECLARATION OF P O L I C Y

SEC. 2. The Congress recognizes that from the beginning of our history as a nation, the police power to investigate, prosecute, and punish common crimes such as murder, kidnaping, and assault has resided in the several States, and that such power should remain with the States. The Congress finds, however, that harassment, intimidation,

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Page:The Eurypterida of New York Volume 1.pdf/432

  or Eusarcus in general, which is properly considered as a very aberrant eurypterid genus. But while the species is in almost all features an, its distinctive characters are such as would indicate a still higher degree of aberrancy than seen in the considerably younger   from the Bertie waterlime. The most important of these characters are the tonguelike anterior process of the carapace and the position of the ocelli between the lateral eyes. The first would seem to be a further advanced adaptation to the mud-grubbing habit of the species, the snout being used as a digging and perhaps also a feeling organ. The second character, the forward position of the ocelli in distinction of the still central position in  [see pl. 29] would also seem a further advance in the anteriorly raised carriage of the carapace peculiar to Eusarcus and indicated by the position of the lateral eyes and the forwardly progressing length of the walking legs.

, an Otisville species, has these two features, the anterior process and the forward position of the ocelli, in common with. The former, in the position of the lateral eyes and the broad base of the carapace, seems closely allied to, and as our specimens of   are all of early growth stages, it is possible that the mature specimens were still more like. The presence of these two closely related aberrant types in the lowest Salina beds of Oneida county and in the Shawangunk shale, strengthens our inference as to the probable equivalence of the Shawangunk grit with the Pittsford shale.


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Page:United States Statutes at Large Volume 86.djvu/1113

 86 STAT. ]

PUBLIC LAW 92-539-OCT. 24, 1972

obstruction, coercion, and acts of violence committed against foreign officials or their family members in the United States or against official guests of the United States adversely affect the foreign relations of the United States. Accordingly, this legislation is intended to afford the United States jurisdiction concurrent with that of the several States to proceed against those who by such acts interfere with its conduct of foreign affairs.

1071

Jurisdiction.

TITLE I—MUKDEK OR M A N S L A U G H T E R O F FOREIGN OFFICIALS AND OFFICIAL GUESTS SEC. 101. Chapter 51 of title 18, United States Code, is amended by " Stat. 756. adding at the end thereof the following new sections: ^ ^ ^^^ ''§1116. Murder or manslaughter of foreign officials or official guests " (a) Whoever kills a foreign official or official guest shall be pun- Penalty, ished as provided under sections 1111 and 1112 of this title, except that any such person who is found guilty of murder in the first degree shall be sentenced to imprisonment for life. " (b) For the purpose of this section 'foreign official' means— Definitions. "(1) a Chief of State or the political equivalent. President, Vice President, Prime Minister, Ambassador, Foreign Minister, or other officer of cabinet rank or above of a foreign government or the chief executive officer of an international organization, or any person who has previously served in such capacity, and any member of his family, while in the United States; and " (2) any person of a foreign nationality who is duly notified to the United States as an officer or employee of a foreign government or international organization, and who is in the United States on official business, and any member of his family whose presence in the United States is in connection with the presence of such officer or employee. "(c) For the purpose of this section: "(1) 'Foreign government' means the government of a foreign country, irrespective of recognition by the United States. "(2) 'International organization' means a public international organization designated as such pursuant to section 1 of the International Organizations Immunities Act (22 U.S.C. 288). 59 Stat. 669. "(3) 'Family' includes (a) a spouse, parent, brother or sister, child, or person to whom the foreign official stands in loco parentis, or (b) any other person living m his household and related to the foreign official by blood or marriage. "(4) 'Official guest' means a citizen or national of a foreign country present in the United States as an official guest of the government of the United States pursuant to designation as such by the Secretary of State. "§ 1117. Conspiracy to murder "If two or more pereons conspire to violate section 1111, 1114, or 1116 of this title, and one or more of such persons do any overt act to ^^ Stat. 756; effect the object of the conspiracy, each shall be punished by imprison- supra^ ' ment for any term of years or for life." SEC. 102. The analysis of chapter 51 of title 18, United States Code, is amended by adding at the end thereof the following new items: "1116. Murder or manslaughter of foreign officials or official guests. "1117. Conspiracy to murder."

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Page:United States Statutes at Large Volume 86.djvu/1114

 1072

PUBLIC LAW 92-539-OCT. 24, 1972

[86 STAT.

TITLE II—KIDNAPING 62 Stat. 760; 70 Stat. 1043.

SEC. 201. Seotion 1201 of title 18, United States Code, is amended ^^ ^.g^d as follows: "§120L Kidnaping " (a) Whoever unlawfully seizes, confines, inveigles, decoys, kidnaps, abducts, or carries awai^ and holds for ransom or reward or otherwise any person, except in the case of a minor by the parent thereof, when: "(1) the person is willfully transported in interstate or foreign commerce; "(2) any such act against the person is done within the special ^^ ••;• ' maritime and territorial jurisdiction of the United States; ' ' ^' "*' " (3) any such act against the person is done within the special aircraft jurisdiction of the United States as defined in section 101 (32) of the Federal Aviation Act of 1958, as amended (49 U.S.C. 84 Stat. 921. 1301(32)); Or " (4) the person is a foreign official as defined in section 1116(b) Ante, p. 1071. ^^ ^^ official guest as defined in section 1116(c)(4) of this title, Penalty. shall be punished by imprisonment for any term of years or for life. "(b) With respect to subsection (a)(1), above, the failure to release the victim within twenty-four hours after he shall have been unlawfully seized, confined, inveigled, decoyed, kidnaped, abducted, or carried away shall create a rebuttable presumption that such person has been transported in interstate or foreign commerce. "(c) If two or more persons conspire to violate this section and one or more of such persons do any overt act to effect the object of the conspiracy, each shall be punished by imprisonment for any term of years or for life." SEC. 202. The analysis of chapter 55 of title 18, United States Code, is amended by deleting "1201. Transportation.", and substituting the following: "1201. Kidnaping." - -.. 78 Stat. 610.

TITLE III - PROTECTION OF FOREIGN OFFICIALS AND OF F I C I A L GUESTS

SEC. 301. Section 112 of title 18, United States Code, is amended to read as follows: "§ 112. Protection of foreign officials and official guests Offenses and " (a) Whoevcr assaults, strikes, wounds, imprisons, or offers violence penalties. ^ ^ forcigu official or official guest shall be fined not more than $5,000, or imprisoned not more than three years, or both. Whoever in the commission of any such act uses a deadly or dangerous weapon shall be fined not more than $10,000, or imprisoned not more than ten years, or both. "(b) Whoever willfully intimidates, coerces, threatens, or harasses '" a foreign official or an official guest, or willfully obstructs a foreign official m the performance of his duties, shall be fined not more than $500, or imprisoned not more than six months, or both. Demonstrations. "((.) WhoeveT within the United States but outside the District of Columbia and within one hundred feet of any building or premises belonging to or used or occupied by a foreign government or by a foreign official for diplomatic or consular purposes, or as a mission to

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