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 PUBLIC LAW 99-576—OCT. 28, 1986 (A) by striking out "him" and inserting in lieu thereof "such person"; and (B) by striking out "he" and inserting in lieu thereof "such person". (87) Section 4107(e)(5) is amended by striking out "her" and inserting in lieu thereof "the nurse's". (88) Section 4110 is amended— (A) by striking out "of his own choosing" in subsection (c) and inserting in lieu thereof "chosen by such person"; (B) in subsection (d)— (i) by striking out "He" and inserting in lieu thereof "The Administrator"; and (ii) by striking out "he" and inserting in lieu thereof "the Administrator"; and (C) in subsection (e)— (i) by striking out "he" and inserting in lieu thereof "the Administrator"; and (ii) by striking out "him" and inserting in lieu thereof "the Administrator". (89) Section 5101 is amended by striking out "his" each place it appears and inserting in lieu thereof "the". ., (90) Section 5102 is amended— (A) by striking out "he" each place it appears and inserting in lieu thereof "the Administrator"; (B) by striking out "his" and inserting in lieu thereof "the Administrator's"; and (C) by striking out "He" and inserting in lieu thereof "The Administrator". (91) Section 5103 is amended by striking out "his" each place it appears and inserting in lieu thereof "the". (92) Section 5104 is amended— (A) by striking out "he" each place it appears and inserting in lieu thereof "the Administrator"; and (B) by striking out "his" each place it appears and inserting in lieu thereof "the Administrator's". (93) Section 5201(a)(1) is amended by striking out "his" and inserting in lieu thereof "such person's '. (94) Section 5202 is amended— (A) in the first sentence of subsection (b)— (i) by striking out "his last" each place it appears and inserting in lieu thereof "such person's last"; (ii) by inserting "has personal property situated on such facility and" before "shall have designated"; (iii) by striking out "to whom he desires his personal property situated upon such facility to be delivered, upon the death of such veteran" and inserting in lieu thereof "to receive such property when such veteran, dependent or survivor dies,"; and (iv) by striking out "him" and inserting in lieu ' '. thereof the Administrator"; (B) in the second sentence of subsection (b)— (i) by striking out "by the veteran" and inserting in -''•'* lieu thereof "by such veteran, dependent, or survivor"(ii) by striking out "if he has"; (iii) by striking out "his" and inserting in lieu thereof "the Administrator's";

100 STAT. 3299

38 USC 4107.

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 100 STAT. 3300

38 USC 5203.

PUBLIC LAW 99-576—OCT. 28, 1986 (iv) by striking out "as provided in this subchapter," and inserting in lieu thereof "in writing delivered to the Veterans Administration"; and (v) by striking out "child, grandchild, mother, father, - grandmother, grandfather, brother or sister" and inserting in lieu thereof "children, grandchildren, parents, grandparents, siblings"; (C) by striking out the third sentence of subsection 0)); 1 (D) in the fourth sentence of subsection (b)— (i) by striking out "his designee may in such case select the one to receive such possession," and inserting in lieu thereof "the Administrator's designee may in such case deliver the property either jointly or separately in equal values, to those equally entitled thereto"; and (ii) by striking out "in his discretion" and inserting in lieu thereof "in the discretion of the Administrator or ,, the Administrator's designee"; and (E) in subsection (c), by striking out "his" and inserting in lieu thereof "the Administrator's". (95) Section 5203 is amended by striking out "his" and inserting in lieu thereof "such person's". (96) Section 5204 is amended by striking out "his" each place it appears and inserting in lieu thereof "such person's". (97) Section 5206 is amended by striking out "his" and inserting in lieu thereof "the owner's". (98) Section 5207 is amended— (A) by striking out "his" and inserting in lieu thereof "the Administrator's"; and '•-'-'•' (B) by striking out "by him promulgated" and inserting in lieu thereof "prescribed by the Administrator". (99) Section 5220 is amended— (A) in subsection (a)— (i) by striking out "surviving him any" and inserting in lieu thereof any surviving'; (ii) by striking out "his" each place it appears and i ' ' ' inserting in lieu thereof "the decedent's"; (iii) by striking out "he" and inserting in lieu thereof "such person"; and (iv) by striking out "owned by him" and inserting in lieu thereof "owned by such person"; and (B) in subsection (b), by striking out "his" and inserting in lieu thereof "such person's". (100) Section 5221 is amended by striking out "he" and inserting in lieu thereof "such person". (101) Section 5222 is amended— (A) by striking out "he" and inserting in lieu thereof "the, Administrator"; and (B) by striking out "his" and inserting in lieu thereof "the ' Administrator's". (102) Section 5223 is amended by striking out "his" each place it appears and inserting in lieu thereof "the decedent's". (103) Section 5224 is amended— (A) by striking out "his" each place it appears and inserting in lieu thereof "the Administrator's"; and (B) by striking out "him" and inserting in lieu thereof "the Administrator". . • = vi J, >

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Page:United States Statutes at Large Volume 100 Part 4.djvu/565

 '•9-^z^

PUBLIC LAW 99-576—OCT. 28, 1986

100 STAT. 3301

(104) Section 5225 is amended by striking out "his" and 38Ubt;5225. inserting in lieu thereof "the Administrator's". (105) Section 5226 is amended— (A) by striking out "himself and inserting in lieu thereof "such person"; (B) by striking out "his" in the second sentence and inserting in lieu thereof "the veteran's"; (C) by striking out "he" and inserting in lieu thereof "the Administrator"; and (D) by striking out "his authorized" each place it appears, and inserting in lieu thereof "the Administrator's authorized". SEC. 702. GENERAL TECHNICAL AMENDMENTS.

Title 38 is amended as follows: (1) Section 101 is amended— (A) by inserting "Army" before "National Guard" in paragraphs (22)(C), (23), and (27)(F); and (B) by striking out "and the" in paragraph (31) and all that follows through "widower". (2) Section 233(a) is amended by striking out "subparagraph (4)" and inserting in lieu thereof "paragraph (4) of this subsection". (3) Section 235 is amended— (A) by inserting "(a)" before "The Administrator"; (B) by indenting paragraphs (1) through (7) two ems; (C) by inserting "Service" in paragraph (5) after "Foreign"; (D) by striking out "The foregoing authority" and inserting in lieu thereof "(b) The authority in subsection (a) of this section"; and (E) by striking out "titles 5 and 22" and inserting in lieu thereof "title 5 and the Foreign Service Act of 1980 (22 U.S.C. 3901 et seq.)". (4) Section 241 is amended— (A) by inserting "The Administrator shall" after "(1)"; (B) by striking out "eligible and, in carrying" and inserting in lieu thereof "eligible. In carrying"; (C) by striking out "release;" and inserting in lieu thereof

^ i

(D) by inserting "The Administrator shall" after "(2)"; (E) by striking out "veterans; and" and inserting in lieu thereof "veterans."; (F) by inserting "The Administrator shall" after "(3)"; and (G) by striking out "clauses (1) and (2) above" and inserting in lieu thereof "paragraphs (1) and (2) of this section". (5) Section 6120") is amended— (A) by striking out "pursuant to" and inserting in lieu thereof "under"; (B) by striking out "(voluntarily requesting" and inserting in lieu thereof "who voluntarily request"; (C) by striking out the parenthesis after "immunizations"; (D) by striking out "facility, utilizing" and inserting in lieu thereof "facility. Any such immunization shall be made using";

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Page:United States Statutes at Large Volume 100 Part 4.djvu/566

 100 STAT. 3302

PUBLIC LAW 99-576—OCT. 28, 1986 ..

38 USC 612A.

(E) by striking out "Administration," and all that follows through "to provide" and inserting in lieu thereof "Administration. For such purpose, notwithstanding any J'. r other provision of law, the Secretary may provide"; and (F) by striking out "cost and the provisions of section" and inserting in lieu thereof "cost. Section". (g) Section 612A(h)(3)(A)(i) is amended by striking out "the date of the enactment of this section" and inserting in lieu thereof "December 3, 1985,". (7) Section 801(a) is amended— ? '' (A) by striking out the comma after "veteran" the first place it appears; and (B) by striking out "title, based on service after "April 20, 1898," and inserting in lieu thereof "title". (8) Section 1411(a) is amended by inserting a comma after "of this section" in the matter preceding clause (1). (9) Section 1841 is amended— (A) by striking out "per centum" in paragraph (1) and '' inserting in lieu thereof "percent"; and (B) by striking out "one hundred and eighty days" in "'^ paragraph (2) and inserting in lieu thereof "180 days". (10) Section 1842 is amended by striking out "per centum" each place it appears and inserting in lieu thereof "percent". (11) Section 1849 is amended by striking out "Effective for fiscal year 1982 and fiscal years thereafter, there" and inserting in lieu thereof "There". (12) The item relating to section 4106 in the table of sections at the beginning of chapter 73 is amended to read as follows: "4106. Period of appointments; promotions.".

60 Stat. 887.

(13) Section 4202(11) is amended by striking out "and without regard" and all that follows through "(7 U.S.C. 2240),". (14) Section 4204 is amended by striking out ", amounts heretofore appropriated to carry out Public Law 636, Seventyninth Congress,". «i v; (A) by striking out "one hundred and twenty-five thousand and not less than one hundred thousand" and tr?;r inserting in lieu thereof "125,000 and not less than 100,000"; and , i},i (B) by striking out "ninety thousand" both places it u?/f appears and inserting in lieu thereof "90,000". (16) Section 5073(a)(2) is amended— , ifi (A) by striking out "twelve-month" each place it appears and inserting in lieu thereof "12-month"; and . • ifi (B) by striking out "per centum" each place it appears ,/' and inserting in lieu thereof "percent". (17) Each subchapter heading is amended so as to be printed in all capital letters and in light-face type. (18) The table of parts at the beginning of title 38 is amended by striking out "1501" in the item relating to part III and inserting in lieu thereof "1401". SEC. 703. TECHNICAL AMENDMENTS TO PROVISIONS ENACTED VETERANS' BENEFITS IMPROVEMENT ACT OF 1984.
 * • ti (15) Section 5010(a)(1) is amended—

38 USC 413.

BY

(a) AMENDMENTS TO PUBLIC LAW 98-543.—(1) Section 105 of the Veterans' Benefits Improvement Act of 1984 (Public Law 543) is

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 < PUBLIC LAW 99-576—OCT. 28, 1986

100 STAT. 3303

amended by striking out "413" and inserting in lieu thereof "413(a)". (2) Section lll(c)(l)(B) of such Act is amended by striking out 38 USC 363 note. "subsection (b)" and inserting in lieu thereof "subsection (c)(1)(B)" (b) AMENDMENTS TO TITLE 38.—(1) Section 524 of title 38, United States Code, is amended— (A) by striking out "subsection (d)" in subsection (a)(2) and inserting in lieu thereof "subsection (b)"; (B) by striking out "subsection (a)(D" in subsection (b)(4) and inserting in lieu thereof "subsection (a)"; and (C) in subsection (c)— (i) by striking out "Notwithstanding subsection (c) of section 525 of this title, a veteran" and inserting in lieu ci; > thereof "A veteran"; .^ (ii) by striking out "subsection (b)" the second place it appears and inserting in lieu thereof "subsection (b)(D"; i and (iii) by striking out the period and inserting in lieu thereof "without regard to the date on which the veteran's entitlement to pension is terminated.". (2) Section 525(a) of such title is amended by striking out "under section 521 of this title". (3) The item relating to section 524 in the table of sections at the beginning of chapter 15 of such title is amended by inserting "program o f after "Temporary". (c) EFFECTIVE DATE.—The amendments made by this section shall 38 USC 413 note. take effect as if included in the Veterans' Benefits Improvement Act of 1984 (Public Law 98-543). 38 USC loi note. Approved October 28, 1986.

LEGISLATIVE HISTORY—H.R. 5299 (S. 2422): HOUSE REPORTS: No. 99-730 (Comm. on Veterans' Affairs). SENATE REPORTS: No. 99-444 accompanying S. 2422 (Comm. on Veterans' Affairs). CONGRESSIONAL RECORD, Vol. 132 (1986): Aug. 4, considered and passed House. Sept. 30, considered and passed Senate, amended, in lieu of S. 2422. Oct. 7, House concurred in Senate amendments with amendments. Oct. 8, Senate concurred in House amendments. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 22 (1986): Oct. 28, Presidential remarks.

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 100 STAT. 3304

PUBLIC LAW 99-577—OCT. 28, 1986

Public Law 99-577 99th Congress An Act Oct. 28, 1986 [H.R. 5598] Maritime affairs. Uniformed services.

To provide for the transfer of the Coast Guard cutter "Taney" to the city of Baltimore, Maryland, for use as a maritime museum and display.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the department in which the Coast Guard is operating shall transfer the Coast Guard cutter "Taney" to the city of Baltimore, Maryland, for use as a maritime museum and display, appropriate with the character of the long military service and history of the "Taney". The Secretary shall transfer the "Taney" along with such equipment and in such condition as the Secretary considers appropriate. The Secretary shall make the transfer upon the decommissioning of the "Taney" or at a later time as determined appropriate by the Secretary. Approved October 28, 1986.

LEGISLATIVE HISTORY—H.R. 5598: HOUSE REPORTS: No. 99-969 (Comm. on Merchant Marine and Fisheries). CONGRESSIONAL RECORD, Vol. 132 (1986): Oct. 6, considered and passed House. Oct. 15, considered and passed Senate.

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Page:United States Statutes at Large Volume 100 Part 4.djvu/569

 PUBLIC LAW 99-578—OCT. 28, 1986

100 STAT. 3305

Public Law 99-578 99th Congress An Act To amend section 3718 of title 31, United States Code, to authorize contracts retaining private counsel to furnish legal services in the case of indebtedness owed the United States.

Oct. 28, 1986 [S. 209]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. CONTRACTS FOR CERTAIN LEGAL SERVICES.

Section 3718 of title 31, United States Code, is amended— (1) by redesignating subsections (b), (c), and (d) as subsections (d), (e), and (0, respectively; (2) in subsection (d), as redesignated by paragraph (1), by inserting "or (b)" after "subsection (a)"; (3) in subsection (e), as redesignated by paragraph (1)— (A) by striking out "(b)" and inserting in lieu thereof "(d)"; and (B) by inserting "or (b)" after "(a)"; and (4) by inserting after subsection (a) the following new subsections: "(b)(1)(A) The Attorney General may make contracts retaining private counsel to furnish legal services, including representation in negotiation, compromise, settlement, and litigation, in the case of any claim of indebtedness owed the United States. Each such contract shall include such terms and conditions as the Attorney General considers necessary and appropriate, including a provision specifying the amount of the fee to be paid to the private counsel under such contract or the method for calculating that fee. The amount of the fee payable for legal services furnished under any such contract may not exceed the fee that counsel engaged in the private practice of law in the area or areas where the legal services are furnished typically charge clients for furnishing legal services in the collection of claims of indebtedness, as determined by the Attorney General, considering the amount, age, and nature of the indebtedness and whether the debtor is an individual or a business entity. If the Attorney General makes a contract for legal services to be furnished in any judicial district of the United States under the first sentence of this paragraph, the Attorney General shall use his best efforts to obtain, from among attorneys regularly engaged in the private practice of law in such district, at least four such contracts for legal services with private individuals or firms in such district. Nothing in this subparagraph shall relieve the Attorney General of the competition requirements set forth in title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 and following). "(B) The Attorney General shall use his best efforts to enter into contracts under this paragraph with law firms owned and controlled by socially and economically disadvantaged individuals, so as to enable each agency to comply with paragraph (3).

Claims.

Disadvantaged persons.

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Page:United States Statutes at Large Volume 100 Part 4.djvu/570

 100 STAT. 3306 Claims.

Claims. Disadvantaged persons.

15 USC 637.

Claims.

Reports Claims.

Ante, p. 768.

Claims.

Reports. Claims.

PUBLIC LAW 99-578—OCT. 28, 1986

"(2) The head of an executive or legislative agency may, subject to the approval of the Attorney (General, refer to a private counsel retaineid under paragraph (1) of this subsection claims of indebtedness owed the United States arising out of activities of that agency. "(3) Each agency shall use its best efforts to assure that not less than 10 percent of the amounts of all claims referred to private counsel by that agency under paragraph (2) are referred to law firms owned and controlled by socially and economically disadvantaged individuals. For purposes of this paragraph— "(A) the term 'law firm owned and controlled by socially and economically disadvantaged individuals' means a law firm that meets the requirements set forth in clauses (i) and (ii) of section 8(d)(3)(C) of the Small Business Act (15 U.S.C. 6376(d)(3)(C)(i) and (ii)) and regulations issued under those clauses; and "(B) 'socially and economically disadvantaged individuals' shall be presumed to include these groups and individuals described in the last paragraph of section 8(d)(3)(C) of the Small Business A.ct "(4) Notwithstanding sections 516, 518(b), 519, and 547(2) of title 28, a private counsel retained under paragraph (1) of this subsection may represent the United States in litigation in connection with legal services furnished pursuant to the contract entered into with that counsel under paragraph (1) of this subsection. "(5) A contract made with a private counsel under paragraph (1) of this subsection shall include— "(A) a provision permitting the Attorney General to terminate either the contract or the private counsel's representation of the United States in particular cases if the Attorney General finds that such action is for the convenience of the Government; "(B) a provision stating that the head of the executive or legislative agency which refers a claim under the contract retains the authority to resolve a dispute regarding the claim, to compromise the claim, or to terminate a collection action on the claim; and "(C) a provision requiring the private counsel to transmit monthly to the Attorney General and the head of the executive or legislative agency referring a claim under the contract a report on the services relating to the claim rendered under the contract during the month and the progress made during the month in collecting the claim under the contract. "(6) Notwithstanding the fourth sentence of section 803(6) of the Fair Debt Collection Practices Act (15 U.S.C. 1692a(6)), a private counsel performing legal services pursuant to a contract made under paragraph (1) of this subsection shall be considered to be a debt collector for the purposes of such Act. "(7) Any counterclaim filed in any action to recover indebtedness owed the United States which is brought on behalf of the United States by private counsel retained under this subsection may not be asserted unless the counterclaim is served directly on the Attorney General or the United States Attorney for the judicial district in which, or embracing the place in which, the action is brought. Such service shall be made in accordance with the rules of procedure of the court in which the action is brought. "(c) The Attorney General shall transmit to the Congress an annual report on the activities of the Department of Justice to recover indebtedness owed the United States which was referred to

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Page:United States Statutes at Large Volume 100 Part 4.djvu/571

 PUBLIC LAW 99-578—OCT. 28, 1986

100 STAT. 3307

the Department of Justice for collection. Each such report shall include a list, by agency, of— "(1) the total number and amounts of claims which were referred for legal services to the Department of Justice and to private counsel under subsection (b) during the 1-year period covered by the report; "(2) the total number and amount of those claims referred for legal services to the Department of Justice which were collected or were not collected or otherwise resolved during the 1-year period covered by the report; and "(3) the total number and amount of those claims referred for legal services to private counsel under subsection 0>)— "(A) which were collected or were not collected or otherwise resolved during the 1-year period covered by the report; "(B) which were not collected or otherwise resolved under a contract terminated by the Attorney General during the 1-year period covered by the report; and "(C) on which the Attorney General terminated the private counsel's representation during the 1-year period covered by the report without terminating the contract with the private counsel under which the claims were referred.". SEC. 2. REPORT BY ATTORNEY GENERAL.

31 USC 3718

Not later than 180 days after the date of the enactment of this Act, the Attorney General of the United States shall transmit to the Congress a report on the actions taken under section 37180t)) of title 31, United States Code (as added by section 1 of this Act). SEC. 3. PILOT PROGRAM.

31 USC 3718

The Attorney General shall carry out subsections O> and (c) of t) section 3718 of title 31, United States Code (as added by section 1 of this Act), through a pilot program in each of at least 5 and not more thn 10 judicial districts selected by the Attorney General. SEC. 4. REGULATIONS.

31 USC 3718

The Attorney General shall issue regulations to carry out this Act and the amendments made by section 1 of this Act. The Attorney General shall submit the regulations to the Congress at leeist 60 days before they become effective. SEC. 5. TERMINATION.

31 USC 3718

This Act and the amendments made by section 1 of this Act shall be in effect for a period of three years, beginning on the date on which regulations become effective under section 4. SEC. 6. AUDIT BY COMPTROLLER GENERAL.

(a) CONTENTS OF AUDIT.—The Comptroller General of the United States shall, at the end of the 3-year period referred to in section 5, conduct an audit of the actions of the Attorney General under subsection (b) of section 3718 of title 31, United States Code (as added by section 1 of this Act), under the pilot program referred to in section 3. The Comptroller General shall determine the extent of the competition among private counsel to obtain contracts awarded under such subsection, the reasonableness of the fees provided in such contracts, the diligence and efforts of the Attorney General to retain private counsel in accordance with the provisions of such

31 USC 3718

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 100 STAT. 3308

PUBLIC LAW 99-578—OCT. 28, 1986

subsection, and the results of the debt collection efforts of private counsel retained under such contracts. (b) REPORT TO CONGRESS.—After completing the audit under subsection (a), the Comptroller General shall transmit to the Congress a report on the findings and conclusions resulting from the audit. ' Approved October 28, 1986.

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LEGISLATIVE HISTORY—S. 209 (H.R. 5541): HOUSE REPORTS: No. 99-909 accompanying H.R. 5541 (Comm. on the Judiciary). SENATE REPORTS: No. 99-256 (Comm. on Governmental Affairs). CONGRESSIONAL RECORD, Vol. 132 (1986): Mar. 19, considered and passed Senate. Sept. 29, H.R. 5541 considered and passed House; proceedings vacated and S. 209, amended, passed in lieu. Oct. 8, Senate concurred in House amendment. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 22 (1986): Oct. 28, Presidential statement.

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Page:United States Statutes at Large Volume 100 Part 4.djvu/573

 PUBLIC LAW 99-579—OCT. 28, 1986

100 STAT. 3309

Public Law 99-579 99th Congress An Act To amend section 408 of the Motor Vehicle Information and Cost Savings Act to strengthen, for the protection of consumers, the provisions respecting disclosure of motor vehicle mileage when motor vehicles are transferred.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE.

This Act may be cited as the "Truth in Mileage Act of 1986". SEC. 2. MOTOR VEHICLE ODOMETER MODIFICATIONS.

(a) TRANSFERS OF MOTOR VEHICLES.—Section 408 of the Motor Vehicle Information and Cost Savings Act (15 U.S.C. 1988) is amended by adding at the end the following: "(d)(l)(A) Any motor vehicle the ownership of which is transferred may not be licensed for use in any State unless the transferee, in submitting an application to a State for the title upon which such license will be issued, includes with such application the transferor's title and, if that title contains the space referred to in paragraph (2)(A)(iii), a statement, signed and dated by the transferor, of the mileage disclosure required under subsection (a). "(B) This paragraph shall not apply to any transfer of ownership of a motor vehicle which has not been licensed before the transfer. "(2)(A) Any motor vehicle the ownership of which is transferred may not be licensed for use in any State unless the title which is issued by the State to the transferee following such transfer— "(i) is set forth by means of a secure printing process (or other secure process); "(ii) indicates the mileage disclosure required to be made under subsection (a); and "(iii) contains a space for the transferee to disclose (in the ' event of a future transfer) the mileage at the time of such future transfer and to sign and date such disclosure. "(B) The requirements of subparagraph (A) shall not be construed to require a State to verify, or preclude the State from verifying, the mileage information contained in the title. "(e)(l) In the case of any leased motor vehicle, the rules under subsection (a) shall require written disclosure regarding mileage to be made by the lessee to the lessor upon the lessor's transfer of ownership of the leased motor vehicle. "(2) Under such rules, the lessor of a leased motor vehicle shall provide written notice to the lessee regarding— "(A) such mileage disclosure requirements, and "(B) the penalties for failure to comply with them. "(3) The lessor shall retain the disclosures made by any lessee with respect to any motor vehicle under paragraph (1) for a period of at least 4 years following the date the lessor transfers that vehicle. "(4) For purposes of this section, if the lessor transfers ownership of any leased motor vehicle without obtaining possession of such

Oct. 28, 1986 [S. 475]

Truth in Mileage Act of 1986. State and local governments. 15 USC 1901 note.

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 100 STAT. 3310

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Regulations.

Records.

15 USC 2021. 15 USC 1381 note.

15 USC 1988 note.

PUBLIC LAW 99-579—OCT. 28, 1986

vehicle, the lessor may, in making the disclosure required by subsection (a), indicate on the title the mileage disclosed by the lessee under paragraph (1) unless the lessor has reason to believe that such disclosure by the lessee does not reflect the actual mileage of the vehicle. "(f)(1) The requirements of subsections (d) and (e)(1) respecting the disclosure of motor vehicle mileage when motor vehicles are transferred or leased shall apply in a State unless the State has in effect alternate motor vehicle mileage disclosure requirements approved by the Secretary. The Secretary may promulgate regulations establishing procedures for the consideration and approval of such alternate requirements. "(2) The Secretary shall approve alternate motor vehicle mileage disclosure requirements submitted by a State unless the Secretary determines that such requirements are not consistent with the purpose of the disclosure required by subsection (d) or (e), as the case may be. "(g) If any motor vehicle is sold at an auction, the auction company which conducts such auction shall establish and maintain for a period of at least 4 years following the date of such sale the following records: "(1) The name of the most recent owner of the motor vehicle (other than the auction company) and the name of the buyer of .;.t the motor vehicle. "(2) The vehicle identification number of the motor vehicle required under title VI of this Act or the National Traffic and Motor Vehicle Safety Act of 1966. "(3) The odometer reading on the date of which the auction company took possession of the motor vehicle.". (b) DEFINITIONS.—Section 402 of the Motor Vehicle Information and Cost Savings Act (15 U.S.C. 1982) is amended by adding at the end the following: "(6) The term 'title' means the certificate of title or other document issued by the State indicating ownership. "(7) The term 'leased motor vehicle' means any motor vehicle which is leased to a person for a term of at least 4 months by a lessor who has leased 5 or more vehicles in the past 12 months. b»ij "(8) The term 'auction company' means any person who takes ,9,11 possession (whether through consignment or bailment or through any other arrangement) of a motor vehicle owned by another person for purposes of selling such motor vehicle at an auction.'. (c) EFFECTIVE DATES.—

(1) IN GENERAL.—Except as provided in paragraph (2), subsec,Bi tions (d), (e), (f), and (g) of section 408 of the Motor Vehicle Information and Cost Savings Act (15 U.S.C. 1988), as added by subsection (a) of this section, shall apply with respect to motor vehicles which are transferred after the date 30 months after the date of the enactment of this Act. (2) REVISION OF STATE LAWS TO CONFORM TO AMENDMENTS.— (A) TECHNICAL ASSISTANCE.—The Secretary of Transpor-

Ante, p. 3309. Federal Register,

q: tation shall, upon application, assist a State in revising its -f c ». laws to comply with the requirements of section 408(d)(1) and (2) of the Motor Vehicle Information and Cost Savings Act. (B) EXTENSION OF TIME.—If any State requires time, in addition to the period prescribed by paragraph (1) of this

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 PUBLIC LAW 99-579—OCT. 28, 1986

100 STAT. 3311

subsection, to revise its laws to achieve such compliance, the Secretary may, upon the request of such State, grant, by notice published in the Federal Register, the State such reasonable additional time as the Secretary determines is necessary to achieve such compliance. The Secretary shall include in the Federal Register notice the reasons for granting additional time. In granting additional time, the Secretary shall ensure that the State is making reasonable efforts to achieve such compliance. (3) MOTOR VEHICLE DEFINED.—For purposes of this subsection, the term "motor vehicle" has the same meaning as when used in the Motor Vehicle Information and Cost Savings Act (15 U.S.C. 1901 and following). SEC. 3. VIOLATION OF ODOMETER REQUIREMENTS.

(a) CIVIL PENALTY.—Section 412(a) of the Motor Vehicle Information and Cost Savings Act (15 U.S.C. 1990b) is amended by striking out "$1,000" and inserting in lieu thereof "$2,000". (b) CRIMINAL PENALTY.—Section 413(a) of the Motor Vehicle Information and Cost Savings Act (15 U.S.C. 1990c) is amended by striking out "not more than one year," and inserting in lieu thereof "not more than three years,". Approved October 28, 1986.

LEGISLATIVE HISTORY—S. 475 (H.R. 780): SENATE REPORTS: No. 99-47 (Comm. on Commerce, Science, and Transportation). CONGRESSIONAL RECORD: Vol. 131 (1985): Dec. 13, considered and passed Senate. Vol. 132 (1986): Oct. 6, H.R. 780 considered and passed House; proceedings vacated and S. 475, amended, passed in lieu. Oct. 8, Senate concurred in House amendments.

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Page:United States Statutes at Large Volume 100 Part 4.djvu/576

 100 STAT. 3312

PUBLIC LAW 99-580—OCT. 28, 1986

Public Law 99-580 99th Congress

>. Joint Resolution

Oct. 28, 1986 [S.J. Res. 367]

To designate October 23, 1986, as "National Kidney Program Day".

Whereas, the tens of thousands of Americans suffering from irreversible kidney disease are treated by Medicare's End Stage Renal Disease (ESRD) Program; Whereas, this program has assured that every American suffering from otherwise fatal kidney failure has access to lifesaving dialysis or transplantation therapy; Whereas, ESRD beneficiaries may remain economically productive and are able to continue to make irreplaceable contributions to family, community and country; Whereas, this extraordinarily successful program has a special significance as an example of the power of partnership between Government and the healthcare industry in dealing with catastrophic illness; and Whereas, this partnership has achieved economy in health services without compromising quality of care or social responsibility: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the President is authorized and requested to designate the day of October 23, 1986, as National Kidney Program Day and call upon the Federal, State, and local government agencies and the people of the United States to observe such day with the appropriate programs, ceremonies, and activities. Approved October 28, 1986.

LEGISLATIVE HISTORY—S.J. Res. 367: CONGRESSIONAL RECORD, Vol. 132 (1986): Aug. 9, considered and passed Senate. Oct. 10, considered and passed House, amended. Oct. 15, Senate concurred in House amendment.

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Page:United States Statutes at Large Volume 100 Part 4.djvu/577

 PUBLIC LAW 99-581—OCT. 29, 1986 Public Law 99-581 99th Congress

100 STAT. 3313

An Act

To amend the District of C!olumbia Stadium Act of 1957 to direct the Secretary of the Interior to convey title to the Robert F. Kennedy Memorial Stadium to the District of Columbia.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. CONVEYANCE OF STADIUM.

Oct. 29, 1986 [H.R. 2776]

Public buildings and grounds.

Section 7 of the District of Columbia Stadium Act of 1957 (D.C. Code, sec. 2-326) is amended— (1) by inserting "(a)" after "SEC. 7."; and (2) by inserting after subsection (a) the following new subsections: "(b)(1) Not later than 180 days after the date of enactment of this subsection, the Secretary of the Interior shall— "(A) convey without consideration to the government of the District of Columbia all right, title, and interest of the United States in and to the building comprising the stadium constructed under this Act; and "(B) lease without consideration to the government of the District of Columbia— "(i) the ground under; and "(ii) the parking facilities associated with the stadium constructed under this Act. "(2) The lease authorized by paragraph (1)(B) shall be for a period of 50 years. "(c) The conveyance and lease of real property under subsection Real property, (b) shall be subject to such terms and conditions (which shall be set forth in the instrument of conveyance) as will ensure that title to the property shall not be transferred by the District to any person or entity other than the United States or any political subdivision or agency of the District of Columbia or the United States and that the property will be used only for— "(1) stadium purposes; "(2) providing recreational facilities, open space, or public outdoor recreation opportunities; "(3) such other public purposes for which the property was used prior to June 1, 1985; and "(4) such other public purposes for which the property was approved for use by the Secretary with the concurrence of the National Capital Planning Commission prior to June 1, 1985. "(d)(1) The instrument of conveyance and the lease referred to in subsection (c) shall provide that all right, title, and interest conveyed to the District of Columbia pursuant to such instrument of conveyance shall revert to the United States and the lease shall terminate if— "(A) the terms and conditions referred to in subsection (c) have not been complied with, as determined by the Secretary, and

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Page:United States Statutes at Large Volume 100 Part 4.djvu/578

 100 STAT. 3314

H J

Real property.

PUBLIC LAW 99-581—OCT. 29, 1986

"(B) such noncompliance has not been corrected within ninety days after written notice of such noncompliance has been received by the Mayor of the District of Columbia. Such noncompliance shall be treated as corrected if the District of Columbia and the Secretary enter into an agreement, with the concurrence of the National Capital Planning Commission, which the Secretary considers adequate to ensure that the property will be used in a manner consistent with the purposes referred to in subsection (c). "(2) No person may bring an action respecting a violation of any term or condition referred to in subsection (c) before the expiration of ninety days after the date on which such person has notified the Mayor of the District of Columbia of the alleged violation. The notice shall include notice of such person's intention to bring an action to declare a reversion and termination of the lease under paragraph (1) of this subsection. "(3) The conveyance of real property under subsection (b) shall be made subject to the condition that the District of Columbia shall bear the cost of removing structures or rehabilitating the land or stadium should the stadium revert to the United States pursuant to this subsection. "(4) Any property which reverts to the Secretary under this subsection shall be administered by the Secretary as part of the Park System of the Nation's Capital in accordance with the provisions of the Act of August 25, 1916 (16 U.S.C. 1, 2-4), and other provisions of the law generally applicable to units of the national park system.". .. SEC. 2. TECHNICAL AMENDMENT.

Section 11 of the District of Columbia Stadium Act of 1957 (D.C. Code, sec. 2-330) is amended by inserting "(including any area designated A, B, C, D, or E on the revised map entitled 'Map to Designate Transfer of Stadium and Lease of Parking Lots to the District*, prepared jointly by the National Park Service (National Capital Region) and the District of Columbia Department of Public Works for site development and dated October 1986 (NPS drawing number 831/87284-A))," after "property of any kind". Approved October 29, 1986.

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LEGISLATIVE HISTORY—H.R. 2776: HOUSE REPORTS: No. 99-176, Pt. 1 (Comm. on the District of Columbia). CONGRESSIONAL RECORD: Vol. 131 (1985): June 24, considered and passed House. Vol. 132 (1986): Oct. 16, considered and passed Senate, amended; House concurred in Senate amendment.

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Page:United States Statutes at Large Volume 100 Part 4.djvu/579

 PUBLIC LAW 99-582—OCT. 29, 1986 Public Law 99-582 ^ 99th Congress

=

100 STAT. 3315

^ ••'•I:

An Act

To authorize the minting of coins in commemoration of the bicentennial of the United States Constitution.

-.e

Oct. 29, 1986 [H.R. 3415]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Bicentennial of

SHORT TITLE

the Constitution ^°^^^ ^''*-

1. This Act may be cited as the "Bicentennial of the Constitution Coins Act". SECTION

31 USC 5112 "ote.

DEFINITIONS

i SEC. 2. For purposes of this Act— 31 USC 5112 I (1) the term "Commission" means the Commission on the ^^o^e. Bicentennial of the United States Constitution; and '• (2) the term "Secretary" means the Secretary of the Treasury. TITLE I—BICENTENNIAL OF THE UNITED STATES CONSTITUTION COMMEMORATIVE COINS •»

COIN SPECIFICATIONS

SEC. 101. (a)(1) The Secretary shall issue not more than 1,000,000 five dollar coins which shall weigh 8.359 grams, have a diameter of 0.850 inches, and shall contain 90 percent gold and 10 percent alloy. (2) The design of such five dollar coins shall be emblematic of the bicentennial of the United States Constitution. On each such five dollar coin there shall be a designation of the value of the coin, an inscription of the year "1987", and inscriptions of the words "Liberty", "In God We Trust", "United States of America", and "E Pluribus Unum". (b)(1) The Secretary shall issue not more than 10,000,000 one dollar coins which shall weigh 26.73 grams, have a diameter of 1.500 inches, and shall contain 90 percent silver and 10 percent copper. (2) The design of such dollar coins shall be emblematic of the bicentennial of the United States Constitution. On each such dollar coin there shall be a designation of the value of the coin, an inscription of the year "1987", and inscriptions of the words "Liberty", "In God We Trust", "United States of America", and "E Pluribus Unum". (c) The coins issued under this title shall be legal tender as provided in section 5103 of title 31, United States Code. (d) For purposes of section 5132(a)(1) of title 31, United States Code, all coins minted under this title shall be considered to be numismatic items.

31 USC 5112 ^°^-

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Page:United States Statutes at Large Volume 100 Part 4.djvu/580

 100 STAT. 3316

PUBLIC LAW 99-582—OCT. 29, 1986 SOURCES OF BULLION

31 USC 5112 no^-

SEC. 102. (a) The Secretary shall obtain gold for the coins minted under this title pursuant to the authority of the Secretary under existing law. (b) The Secretary shall obtain silver for the coins minted under this title only from stockpiles established under the Strategic and Critical Minerals Stock Piling Act (50 U.S.C. 98 et seq.). DESIGN OF THE COINS

31 USC 5112 note.

SEC. 103. The design for each coin authorized by this title shall be selected by the Secretary after consultation with the Commission and the Commission of Fine Arts. SALE OF THE COINS

31 USC 5112 "ote-

":''}

SEC. 104. (a) Notwithstanding any other provision of law, the coins issued under this title shall be sold by the Secretary at a price equal to the face value, plus the cost of designing and issuing such coins (including labor, materials, dies, use of machinery, and overhead expenses). (b) The Secretary shall make bulk sales at a reasonable discount to reflect the lower costs of such sales. (c) The Secretary shall accept prepaid orders for the coins prior to the issuance of such coins. Sales under this subsection shall be at a reasonable discount to reflect the benefit of prepayment. (d) All sales shall include a surcharge of $35 per coin for the five dollar coins and $7 per coin for the one dollar coins. ?

31 USC 5112 note.

I S S U A N C E OF COINS

^

SEC. 105. (a) The gold coins authorized under this title shall be issued in uncirculated and proof qualities and shall be struck at the United States Bullion Depository at West Point. (b) The silver coins authorized under this title may be issued in uncirculated and proof qualities, except that not more than one facility of the United States Mint may be used to strike each such quality. (c) The Secretary may issue the coins minted under this title beginning January 1, 1987. (d) No coins shall be minted under this title after June 30, 1988. FINANCIAL ASSURANCES

31 USC 5112 note.

SEC. 106. (a) The Secretary shall take all actions necessary to ensure that the issuance of the coins authorized by this title shall result in no net cost to the United States Government, (b) No coin shall be issued under this title unless the Secretary has received— (1) full payment therefor; (2) security satisfactory to the Secretary to indemnify the United States for full payment; or (3) a guarantee of full payment satisfactory to the Secretary from a depository institution whose deposits are insured by the Federal Deposit Insurance Corporation, the Federal Savings and Loan Insurance Corporation, or the National Credit Union Administration Board.

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Page:United States Statutes at Large Volume 100 Part 4.djvu/581

 PUBLIC LAW 99-582—OCT. 29, 1986

100 STAT. 3317

NATIONAL DEBT REDUCTION

SEC. 107. An amount equal to the amount of all surcharges which are received by the Secretary from the sale of coins issued under this title shall be deposited in the general fund of the Treasury and shall be used for the sole purpose of reducing the national debt.

31 USC 5112 ^°^-

PROCUREMENT OF GOODS AND SERVICES

SEC. 108. No provision of law governing procurement or public contracts shall be applicable to the procurement of goods or services necessary for carrying out the provisions of this title. Nothing in this section shall relieve any person entering into a contract under the authority of this title from complying with any law relating to equal employment opportunity. Approved October 29, 1986.

LEGISLATIVE HISTORY—H.R. 3415: CONGRESSIONAL RECORD, Vol. 132 (1986): Oct. 1, considered and passed House. Oct. 16, considered and passed Senate, amended; House concurred in Senate amendments.

71-19A 0 - 89 - 20: QL. 3 Part 4

31 USC 5ii2 ^°^-

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Page:United States Statutes at Large Volume 100 Part 4.djvu/582

 100 STAT. 3318

PUBLIC LAW 99-583—OCT. 29, 1986

Public Law 99-583 99th Congress An Act Oct. 29, 1986 [H.R. 4037] National parks, monuments, etc. Housing. Real property.

16 USC 460U-3.

Relating to the Indiana Dunes National Lakeshore, and for other purposes. "

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. INDIANA DUNES NATIONAL LAKESHORE.

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(a) BOUNDARY CHANGES.—The first section of the Act entitled "An Act to provide for the establishment of the Indiana Dunes National Lakeshore, and for other purposes", approved November 5, 1966 (16 U.S.C. 460u), is amended by striking out "December 1980, and bearing the number 626-91014" and inserting in lieu thereof "October 1986, and numbered 626-80,033-B". (b) DEFINITION OF IMPROVED PROPERTY.—Section 4 of such Act is amended by striking out the first sentence and substituting "As used in this Act, the term 'improved property' means a detached, one-family dwelling which meets each of the following criteria: "(1) The construction of the dwelling began before the date (shown in the table contained in this section) corresponding to the appropriate map. "(2) The property is located within the boundaries delineated on the map described in such table which corresponds to such date. "(3) The property is not located within the boundaries of any other map referred to in such table which bears an earlier date. The term 'appropriate map', means a map identified as 'Boundary Map—Indiana Dunes National Lakeshore (or 'A Proposed Indiana Dunes National Lakeshore' in the case of a dwelling the construction of which was begun before January 4, 1965) which is dated and numbered as provided in the following table. Property Within Boundaries of Map Dated Dated Dated Dated

Public information.

i Ij '-4 b'.

October 1986, # 626-80,033-B December 1980, #626-91014 September 1976, #626-91007 September 1966, #LNPNE-1008-ID

Construction Began Before February 1, 1986 January 1, 1981 February 1, 1973 January 4, 1965

The term 'improved property' also includes the lands on which the dwelling is situated which meets both of the following criteria: "(A) The land is in the same ownership as the dwelling. "(B) The Secretary has designated the lands as reasonably necessary for the enjoyment of the dwelling for the sole purpose of noncommercial residential use. Such term also includes any structures accessory to the dwelling which are situated on the lands so designated. The maps referred to in this section shall be on file and available for public inspection in the Office of the Director of the National Park Service, Department ••>*'!i.

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text:
Page:United States Statutes at Large Volume 100 Part 4.djvu/583

 PUBLIC LAW 99-583—OCT. 29, 1986

100 STAT. 3319

of the Interior. The Secretary shall designate the land referred to in subparagraph (B).". (c) RETAINED RIGHTS.—Section 5(a) of such Act (16 U.S.C. 460u-5a) is amended as follows: (1) Strike out "the first section" and insert in lieu thereof "section 4, dated December 1980, and numbered 626-91014." (2) Strike out ": Provided, That" and substitute a period '. followed by "In the Case of improved property within the boundaries of the map dated December 1980 and numbered 626-91014". (3) After "(a)" strike "Except for" and insert "(1) Except for owners described in paragraph (2) and". (4) Strike "(1)" in each place it appears and substitute "(A)" and strike "(2)" and substitute "(B)". (5) Add the following at the end thereof: ' "(2)(A) In the case of property included within the boundaries of the lakeshore after 1980, any owner or owners of record of improved property may retain a right of use and occupancy for noncommercial residential purposes for a term ending at either of the following: "(i) A fixed term not to extend beyond September 30, 2010, or such lesser fixed term as the owner or owners may elect at the time of acquisition. "(ii) A term ending at the death of any owner or of a spouse of any owner, whichever occurs last. The owner shall elect the term to be reserved. "(B) The retention of rights under subparagraph (A) shall be available only to individuals who are homeowners of record as of July 1, 1986, who have attained the age of majority as of that date and who make a bona fide written offer not later than July 1, 1991, to sell to the Secretary.". (d) AUTHORIZATION.—Section 9 of such Act (16 U.S.C. 460u-9) is amended as follows: (1) In the first sentence strike "$11,000,000" and insert in lieu thereof "$20,000,000". (2) Add after the last paragraph "In addition to any other sums authorized for the acquisition of lands and interests in lands pursuant to the provisions of this Act there are authorized to be appropriated an additional $3,500,000 to be used for such purposes. The Secretary shall conduct a feasibility study of establishing United States Highway 12 as the 'Indiana Dunes Parkway' under the jurisdiction of the National Park Service. The Secretary shall submit the results of such study to the Committee on Interior and Insular Affairs of the United States House of Representatives and the Committee on Energy and Natural Resources of the United States Senate within two years after the enactment of this sentence. Effective October 1, 1986, there is authorized to be appropriated such sums as may be necessary for the purposes of conducting the feasibility study.". (e) EXISTING PROPERTY RIGHTS.—Section 10 of such Act (16 U.S.C. 460u-16) is amended by inserting at the end thereof: "Nothing in this Act shall be construed to diminish the existing property rights of Northern Indiana Public Service Company (as of October 1, 1986) with respect to— "(1) a parcel of land owned in fee by the Northern Indiana Public Service Company and used for high voltage electrical transmission lines, pipelines, and utility purposes, beginning at said Company's Dune Acres substation and extending east to

16 USC 460u-5. Ante, p. 3318.

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Highways,

Energy. 16 USC 460u-l0. a O'

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Page:United States Statutes at Large Volume 100 Part 4.djvu/584

 100 STAT. 3320

Ante, p. 3318.

Ante, p. 3318.

16 USC 460U-15.

PUBLIC LAW 99-583—OCT. 29, 1986

said Company's Michigan City Generating Station, which parcel by this Act is included within the boundaries of the Indiana on National Park Service Boundary Map No. 626-80,033-B, dated October 1986, excluding that certain parcel of approximately 6.0 acres adjacent Mineral Springs Road in areas II-I, and (2) land owned in fee by the Northern Indiana Public Service Company and used for high voltage electrical transmission lines, pipelines, and utility purposes as has by this Act been included within the boundaries of the Indiana Dunes National Lakeshore and herein designated as area II-H on said National Park Service Boundary Map No. 626-80,033-B." (f) OWNER CONSENT REQUIRED.—Section 13 of such Act (16 U.S.C. 460U-13) is amended by changing "SEC. 13." to "SEC. 13. (a)", by striking out "the first section" and inserting in lieu thereof "section 4, dated December 1980 and numbered 626-91014", and by adding a new subsection (b) as follows: "0)) The Secretary may acquire that portion of area IV-B in private ownership on the map referred to in section 1 of this Act only with the consent of the owner: Provided, That the Secretary may acquire an agricultural easement should the owner change the use in existence as of September 19, 1986, through eminent domain.". (g) MAP REFERENCE.—Section 16 of such Act (16 U.S.C. 460u-16) is amended by inserting at the end of the first sentence "on the map referred to in section 4, dated October 1976, and numbered 626-9100". (h) RIGHTS-OF-WAY.—Section 15 of such Act is amended by adding the following at the end thereof: "The Secretary may acquire only such interest in the rights-of-way designated 'Crossing B' and 'Crossing C on the map dated October 1986 and numbered 626-80,033-B as he determines to be necessary to assure public access to the banks of the Little Calumet River and the banks of Salt Creek within fifty feet on either side of the centerline of said river and creek.'. (i) COOPERATIVE AGREEMENT AND STUDY.—Add the following new
 * c. Dunes National Lakeshore and herein designated as area II-I

section at the end of such Act: 16 USC 460U-24. contracts.

"SEC. 24. LITTLE CALUMET RIVER AND BURNS/PORTAGE WATERWAY.

"(a) COOPERATIVE AGREEMENT.—The Secretary may enter into a cooperative agreement with the Little Calumet River Basin Development Commission, the State of Indiana or any political subdivision thereof for the planning, management, and interpretation of recreational facilities on the tract within the boundaries of Indiana Dunes National Lakeshore identified as tract numbered 09-177 or on lands under the jurisdiction of the State of Indiana or political subdivision thereof along the Little Calumet River and Burns Waterway. The cooperative agreement may include provision for the Boating. planning of public facilities for boating, canoeing, fishing, hiking, Canoeing. Fish and fishing. bicycling, and other compatible recreational activities. Any recHiking. reational developments on lands under the jurisdiction of the NaBicycling. tional Park Service planned pursuant to this cooperative agreement shall be in a manner consistent with the purposes of this Act, including section 6(b). 16 USC 460U-6. "(b) STUDY.—The Secretary shall conduct a study regarding the options available for linking the portions of the lakeshore which are divided by the Little Calumet River and Burns/Portage Waterway

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Page:United States Statutes at Large Volume 100 Part 4.djvu/585

 PUBLIC LAW 99-583—OCT. 29, 1986

100 STAT. 3321

so as to coordinate the management and recreational use of the lakeshore. The Secretary shall submit the results of the study to the Committee on Interior and Insular Affairs of the United States House of Representatives and the Committee on Energy and Natural Resources of the United States Senate within two years after the enactment of this section. Effective October 1, 1986, there is au- Effective date. thorized to be appropriated such sums as may be necessary for the Appropriation _

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purposes of conducting the study.. Approved October 29, 1986.

LEGISLATIVE HISTORY—H.R. 4037: HOUSE REPORTS: No. 99-762 (Comm. on Interior and Insular Affairs). CONGRESSIONAL RECORD, Vol. 132 (1986): Aug. 11, considered and passed House. Oct. 16, considered and passed Senate, amended. Oct. 17, House concurred in Senate amendment.

authorization.

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Page:United States Statutes at Large Volume 100 Part 4.djvu/586

 100 STAT. 3322

PUBLIC LAW 99-584—OCT. 29, 1986

Public Law 99-584 99th Congress An Act Oct. 29, 1986 [H.R. 4685] Texas Wilderness Act Amendments of 1986.

To adjust the boundaries of areas of the National Wilderness Preservation System in the State of Texas.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE.

This Act shall be known as the "Texas Wilderness Act Amendments of 1986". SEC. 2. BOUNDARY ADJUSTMENT.

16 USC 1132 note. National Forest System.

(a) BOUNDARIES.—The boundaries of the wilderness areas designated by the Texas Wilderness Act are modified as shown on the maps entitled "Texas Wilderness Boundary Changes", numbered 1-5, dated October 1986. (b) ADMINISTRATION OF WILDERNESS AREAS.—Subject to valid existing rights, lands designated as wilderness by subsection (a) shall be included within the national forest system and administered in accordance with the laws and regulations applicable to national forest wilderness areas, including the provisions of the Wilderness Act (16 U.S.C. 1131-1136) and the Texas Wilderness Act of 1984 (Public Law 98-574). In areas added to the national wilderness system by this Act, the grazing of livestock, where established prior to the date of enactment of this Act, shall be permitted to continue subject to such reasonable regulations as are deemed necessary by the Secretary of Agriculture. SEC. 3. MAPS AND BOUNDARIES.

Public information.

As soon as practicable after enactment of this Act, the Secretary of Agriculture shall file a map and legal descriptions of each wilderness area affected by this Act, incorporating the boundary modifications referred to in section 2(a) of this Act, with the Committee on Interior and Insular Affairs and the Committee on Agriculture of the United States House of Representatives and with the Committee on Agriculture, Nutrition, and Forestry of the United States Senate.

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Page:United States Statutes at Large Volume 100 Part 4.djvu/587

 PUBLIC LAW 99-584—OCT. 29, 1986

100 STAT. 3323

Each such map shall have the same force and effect as if included in this Act, except that correction of clerical and typographical errors in each such map may be made by the Secretary. Each such map and description shall be on file and available for public inspection in the Office of the Chief of the Forest Service, Department of Agriculture. Approved October 29, 1986. . >dg 10V:,-il.is

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LEGISLATIVE HISTORY—H.R. 4685: HOUSE REPORTS: No. 99-674, Pt. 1 (Comm. on Interior and Insular Affairs). CONGRESSIONAL RECORD, Vol. 132 (1986): July 21, considered and passed House. Oct. 16, considered and passed Senate, amended. Oct. 17, House concurred in Senate amendment.

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Page:United States Statutes at Large Volume 100 Part 4.djvu/588

 100 STAT. 3324

PUBLIC LAW 99-585—OCT. 29, 1986

Public Law 99-585 99th Congress Oct. 29, 1986 [H.R. 5181]

' An Act

To designate the United States Courthouse at 68 Court Street, Buffalo, New York, as tJ^c "Michael J. Dillon Memorial United States Courthouse".

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION. 1. DESIGNATION OF BUILDING.

The United States Courthouse located at 68 Court Street, Buffalo, New York, shall be known and designated as the "Michael J. Dillon Memorial United States Courthouse". SEC. 2. LEGAL REFERENCES.

Each reference in a law, map, regulation, document, record, or other paper of the United States to such building shall be deemed to be a reference to the "Michael J. Dillon Memorial United States Courthouse". Approved October 29, 1986.

LEGISLATIVE HISTORY—H.R. 5181: HOUSE REPORTS: No. 99-880 (Comm. on Public Works and Transportation). CONGRESSIONAL RECORD, Vol. 132 (1986): Oct. 6, considered and passed House. Oct. 18, considered and passed Senate.

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Page:United States Statutes at Large Volume 100 Part 4.djvu/589

 PUBLIC LAW 99-586—OCT. 29, 1986

100 STAT. 3325

Public Law 99-586 99th Congress An Act To amend title 5, United States Code, to provide that certain individuals be accorded competitive status for purposes of transferring to the competitive service.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 3804 of title 5, United States Code, is amended by redesignating subsection (d) as subsection (e), and by inserting after subsection (c) the following: "(d)(1) For the purpose of this subsection, the term 'technician' has the meaning given such term by section 8337(h)(1) of this title. "(2) Notwithstanding a contrary provision of this title or of the rules and regulations prescribed under this title for the administration of the competitive service, an individual who served for at legist 3 years as a technician acquires a competitive status for transfer to the competitive service if such individual— "(A) is involuntarily separated from service as a technician other than by removal for cause on charges of misconduct or delinquency; "(B) passes a suitable noncompetitive examination; and "(C) transfers to the competitive service within 1 year after separating from service as a technician.". ' Approved October 29, 1986.

LEGISLATIVE HISTORY—H.R. 5218: CONGRESSIONAL RECORD, Vol. 132 (1986): Oct. 6, considered and passed House. Oct. 16, considered and passed Senate.

Oct. 29, 1986 FH R 52181

5 USC 8337.

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Page:United States Statutes at Large Volume 100 Part 4.djvu/590

 100 STAT. 3326

PUBLIC LAW 99-587—OCT. 29, 1986

Public Law 99-587 99th Congress Oct. 29, 1986 [H.R. 5459]

 * tu-

An Act

To direct the release, on behalf of the United States, of certain conditions and reservations contained in a conveyance of land to the State of Utah, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. RELEASE OF CONDITIONS AND RESERVATIONS. Petroleum and petroleum products. Natural gas.

(a) Subject to subsection (b), the United States hereby releases all conditions and reservations, except those which reserve all oil, gas, geothermal and other mineral rights to the United States, which apply to the lands generally depicted on a map entitled "Utah Land Exchange—Proposed", dated September 1986 comprising approximately 150 acres, to the extent such conditions and reservations are enforceable by the United States. 0)) The release under subsection (a) shall be effective upon determination by the Administrator of General Services that all necessary steps have been taken to complete— (1) acquisition by the State of Utah, through an exchange of ..! the lands specified in subsection (a), of the surface estate in other lands with a lAonetary value equal to the value of the surface estate of the lands specified in subsection (a) and each portion of which the Secretary of the Interior has determined to have value for wildlife, and which in the aggregate have at least equal value for wildlife (including habitat) as does the surface estate in the lands described in subsection (a); and (2) the attachment to the title of the lands so acquired by the State of Utah of the condition and reservation that such land be used only as and for wildlife conservation purposes and that in the event such land or any part thereof is no longer used for such purposes, the title and immediate right to possession of the surface estate of such land shall pass to the United States. SEC. 2. DOCUMENTATION.

The United States shall provide to the State of Utah, and shall require the State of Utah to provide to the United States, such documents as may be required to adequately record the implementation of section 1 of this Act. The lands referred to in section 1 are approximately 150 acres in Salt Lake County, Utah, which comprise a portion of approximately 1,280 acres of land conveyed by the United States to the State of Utah by quitclaim deed dated July 26, 1950, and recorded on August 1, 1950 in book 786, page 48, of the official land records of Salt Lake County, Utah.

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Page:United States Statutes at Large Volume 100 Part 4.djvu/591

 PUBLIC LAW 99-587—OCT. 29, 1986

100 STAT. 3327

SEC. 3. ACCEPTANCE AUTHORITY.

If all right, title, and interest in and to the lands designated as "Cuyahoga Valley Line" on the map numbered 644-80,054 and dated July, 1986 is offered to the Secretary of the Interior, the Secretary shall accept such lands. Upon such acceptance of such lands, the Secretary shall pay an amount which, as determined by the Secretary, reflects the value of the right, title, and interest accepted by the Secretary. Approved October 29, 1986.

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LEGISLATIVE HISTORY—H.R. 5459 (S. 1911): HOUSE REPORTS: No. 99-919 (Comm. on Interior and Insular Affairs). SENATE REPORTS: No. 99-356 accompanying S. 1911 (Comm. on Energy and Natural Resources). CONGRESSIONAL RECORD, Vol. 132 (1986): Aug. 11, S. 1911 considered and passed Senate. Sept. 30, H.R. 5459 considered and passed House. Oct. 16, considered and passed Senate.

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Page:United States Statutes at Large Volume 100 Part 4.djvu/592

 100 STAT. 3328

PUBLIC LAW 99-588—OCT. 29, 1986

Public Law 99-588 99th Congress .

,H An Act.

Oct. 29, 1986 [H.R. 5470]

To designate the United States Courthouse for the Eastern District of Virginia in Alexandria, Virginia, as the "Albert V. Bryan United States Courthouse".

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the United States Courthouse for the Eastern District of Virginia, located on South Washington Street in Alexandria, Virginia, shall hereafter be known and designated as the "Albert V. Bryan United States Courthouse". Each reference to such building in a law, map, regulation, document, record, or other paper of the United States shall be deemed to be a reference to the "Albert V. Bryan United States Courthouse". Approved October 29, 1986.

LEGISLATIVE HISTORY—H.R. 5470 (S. 2890): HOUSE REPORTS: No. 99-879 (Comm. on Public Works and Transportation). CONGRESSIONAL RECORD, Vol. 132 (1986): Oct. 6, considered and passed House. ' Oct. 18, considered and passed Senate. .,

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Page:United States Statutes at Large Volume 100 Part 4.djvu/593

 PUBLIC LAW 99-589—OCT. 29, 1986

100 STAT. 3329

Public Law 99-589 99th Congress Joint Resolution Designating the week beginning January 4, 1987, as "National Bowling Week".

Whereas bowling is one of the oldest and most popular indoor family sports in the world and is played in more than 79 nations; Whereas people have competed in some form of bowling for thousands of years; Whereas many immigrants brought a form of bowling from their homeland during the birth of America; Whereas bowling has contributed to the social fabric of the United States with 8,000,000 people participating as members of local bowling organizations in more than 2,800 cities and towns across our land; Whereas bowling is played in 8,300 bowling centers, virtually in every community in the Nation, and has emerged as the longest running, most highly rated individual sport television series on Saturday; Whereas bowling is the largest indoor participation sport in the United States with over 69,000,000 Americans bowling each year; and Whereas bowling is an excellent form of exercise and recreation for all people regardless of age: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the week beginning January 4, 1987, is designated "National Bowling Week". The President is requested to issue a proclamation calling upon the people of the United States to observe that week with appropriate ceremonies and activities. Approved October 29, 1986.

LEGISLATIVE HISTORY—H.J. Res. 620: CONGRESSIONAL RECORD, Vol. 132 (1986): Oct. 10, considered and passed House. Oct. 18, considered and passed Senate.

Oct. 29, 1986 [H.J. Res. 620]

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Page:United States Statutes at Large Volume 100 Part 4.djvu/594

 100 STAT. 3330

PUBLIC LAW 99-590—OCT. 30, 1986

Public Law 99-590 99th Congress

MW'.. ii^

I

•.'

An Act Oct. 30, 1986 [H.R. 4350] Conservation. National parks, monuments, etc. Wild and Scenic Rivers System.

To amend the Wild and Scenic Rivers Act, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, TITLE I—CACHE LA POUDRE, COLORADO

-•

SEC. 101. Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274) is amended by adding at the end the following new paragraph: "(56) CACHE LA POUDRE, COLORADO.—The following segments as

Appropriation authorization. Real property.

generally depicted on the proposed boundary map numbered FS-56 and dated March 1986, published by the United States Department of Agriculture, each to be administered by the Secretary of Agriculture; except that those portions of the segments so designated which are within the boundary of Rocky Mountain National Park shall continue to be administered by the Secretary of the Interior: "(A) Beginning at Poudre Lake downstream to the confluence of Joe Wright Creek, as a wild river. This segment to be • **' designated the 'Peter H. Dominick Wild River Area'. "(B) Downstream from the confluence of Joe Wright Creek to 't'l. a point where the river intersects the easterly north-south line of the west half southwest quarter of section 1, township 8 v«tf^ north, range 71 west of the sixth principal meridian, as a recreational river. "(C) South Fork of the Cache la Poudre River from its source to the Commanche Peak Wilderness Boundary, approximately four miles, as a wild river. "(D) Beginning at the Commanche Peak Wilderness Boundary to a point on the South Fork of the Cache la Poudre River in section 1, township 7 north, range 73 west of the sixth principal meridian, at elevation 8050 mean sea level, as a recreational river. "(E) South Fork of the Cache la Poudre River from its intersection with the egisterly section line of section 30, township 8 north, range 72 west of the sixth principal meridian, to confluence of the main stem of the Cache la Poudre River, as a wild river. With respect to the portions of the river segments designated by this paragraph which are within the boundaries of Rocky Mountain National Park, the requirements of subsection (b) of this section shall be fulfilled by the Secretary of the Interior through appropriate revisions to the general management plan for the park, and the boundaries, classification, and development plans for such portions need not be published in the Federal Register. Such revisions to the general management plan for the park shall assure that no development or use of parklands shall be undertaken that is inconsistent with the designation of such river segments as a wild river. For the purposes of the segments designated by this paragraph, there are authorized to be appropriated $500,000 for development and $2,500,000 for land acquisition.".

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Page:United States Statutes at Large Volume 100 Part 4.djvu/595

 PUBLIC LAW 99-590—OCT. 30, 1986

100 STAT. 3331

SEC. 102. Inclusion of the designated portions of the Cache la Water. 16 u Poudre River and the Wild and Scenic Rivers System under section note.s e 1274 101 of this title shall not interfere with the exercise of existing decreed water rights to water which has heretofore been stored or diverted by means of the present capacity of storage, conveyance, or diversion structures that exist as of the date of enactment of this title, or operation and maintenance of such structures. Nor shall Energy. inclusion of the designated portions of the Cache la Poudre River in the Wild and Scenic Rivers System be utilized in any Federal proceeding, whether concerning a license, permit, right-of-way, or other Federal action, as a reason or basis to prohibit the development or operation of any water impoundments, diversion facilities, and hydroelectric power and transmission facilities below Poudre Park located entirely downstream from and potentially affecting designated portions of the Cache la Poudre River, or relocation of highway 14 to any point east of the north-south half section line of section 2, township 8 north, range 71 west of the sixth principal meridian, as necessary to provide access to Poudre Park around such facilities: Provided, That due consideration shall be given to reasonable measures for minimizing the impact of such facilities and road relocation on the designated segments. Congress finds that Energy. development of water impoundments, diversion facilities, and hydroelectric power and transmission facilities located entirely downstream from the designated portions of the Cache la Poudre River below Poudre Park, in accordance with the provisions of this section, is not incompatible with the designation of portions of the Cache la Poudre River in the Wild and Scenic Rivers System under section 101 of this title. The reservation of water established by the inclusion of portions of the Cache la Poudre River in the Wild and Scenic "•'• Rivers System shall be subject to the provisions of this title, shall be adjudicated in Colorado Water Court, and shall have a priority date as of the date of enactment of this title. SEC. 103. (a) GRANTS AND ASSISTANCE.—-The Secretary of Agri,,,^, culture, acting through the Chief of the Forest Service, shall provide * grants and technical assistance to the city of Fort Collins, Colorado, to carry out a study regarding the designation of the following area as a national recreation area: the 18.5-mile segment of the Cache la Poudre River Corridor from the northwest boundary of the city of Fort Collins urban growth area to the Weld-Larimer County line. Qo) STUDY.—The study under this section shall include each of the ,,j,. following: . (A) a comprehensive evaluation of the public recreation opportunities and flood plain management options which are available with respect to the river corridor involved; {,.; • (B) an evaluation of the natural, historical, and recreational values of such corridor; (C) patterns for possible land acquisition within the corridor ? which are deemed necessary for the purpose of resource protection, scenic and integrity, or msmagement and administration of the corridor area; (D) cooperative management proposals for the administration of the corridor area; (E) the number of visitors and t3rpes of public use within the corridor area that can be accommodated in accordance with the full protection of its resources; and

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Page:United States Statutes at Large Volume 100 Part 4.djvu/596

 100 STAT. 3332

Appropriation authorization.

PUBLIC LAW 99-590—OCT. 30, 1986

(F) the facilities deemed necessary to accommodate and provide access for such visitors and uses, including the location and estimated costs of such facilities. (c) REPORT TO CONGRESS.—Within three years of the date of enactment of this title, the Secretary of Agriculture shall transmit to the Congress a comprehensive report containing the results of the study conducted pursuant to this section. (d) FUNDING.—There are hereby authorized to be appropriated up to $150,000 to carry out the provisions of this section. (e) COST SHARING.—Not more than 75 per centum of the cost of the study carried out under this section shall be paid by the United States: Provided, That in no event shall the contribution of the United States exceed $150,000. The remaining portion of such costs shall be contributed by interested parties. The portion contributed by such interested parties may consist of appropriated funds or contributed services. SEC. 104. Notwithstanding any other provision of law, the Secretaries of Agriculture and the Interior shall, within 30 days of the enactment of this title, complete the exchange as described in the Decision Notice and Finding of No Significant Impact, Trust For Public Land Proposed Land-for-Land Exchange, signed by the Rocky Mountain Regional Forester, on August 22, 1985, to acquire certain private lands in the portion of the Cache la Poudre River designated in section 3(a)(56XB) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)(56XB)). TITLE II—FARMINGTON, WEST BRANCH, CONNECTICUT AND MASSACHUSETTS

Farmington Wild and Scenic River Study Act. 16 USC 1271 note. Fish and fishing.

State and local governments.

State and local governments.

SEC. 201. This title may be cited as the "Farmington Wild and Scenic River Study Act". SEC. 202. (a) The Congress finds that— (1) the West Branch of the Farmington River and related land areas possess resource values of national significance, such as significant white water rapids, undeveloped lands, scenic and cultural areas, important sport fisheries, and prime agricultural lands; (2) based on the National Rivers Inventory by the National Park Service, published in January 1982, this portion of the Farmington River is eligible for study for inclusion in the wild and scenic rivers system; (3) there is strong support among local. State, and Federal officials, area residents, and river users for a concerted coopera• " tive effort to manage the river in a productive and meaningful way; and (4) in view of the longstanding Federal practice of assisting States and local governments in protecting, conserving, and enhancing rivers of national significance, the United States has an interest in assisting the States of Connecticut and the Commonwealth of Massachusetts and the appropriate local governments in managing the river. (b) Section 5(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1276(a)) is amended by adding the following new paragraph: "(92) FARMINGTON, WEST BRANCH, CONNECTICUT AND MASSACHU-

SETTS.—The segment from the intersection of the New HartfordCanton, Connecticut, town line upstream to the base of the West Branch Reservoir in Hartland, Connecticut; and the segment from

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Page:United States Statutes at Large Volume 100 Part 4.djvu/597

 PUBLIC LAW 99-590—OCT. 30, 1986

100 STAT. 3333

the confluence with Thorp Brook in Sandisfield, Massachusetts, to Hayden Pond in Otis, Massachusetts.". (c) Section 5(b) of such Act (16 U.S.C. 1276(b)) is amended by adding at the end thereof the following new paragraph: "(7) The study of the West Branch of the Farmington River Reports. identified in paragraph (92) of subsection (a) shall be completed and the report submitted thereon not later than the end of the third fiscal year beginning after the enactment of this paragraph. Such report shall include a discussion of management alternatives for the river if it were to be included in the national wild and scenic river system.". ^'•\ (d)(1) At the earliest practicable date following the enactment of this title, but not later than forty-five days after enactment, the Secretary of the Interior (hereinafter in this title referred to as the "Secretary") shall establish the Farmington River Study Committee (hereinafter in this title referred to as the "Committee"). The Secretary shall consult with the Committee on a regular basis during the conduct of the study. Membership on the Committee shall consist of seventeen members appointed by the Secretary as t, follows: Is(A) One member shall be appointed by the Secretary. (B) Two members shall be appointed by the Secretary from a list of candidates supplied to the Secretary by the Governor of the State of Connecticut. r• (C) Two members shall be appointed by the Secretary from a list of candidates supplied to the Secretary by the Governor of the Commonwealth of Massachusetts. (D) Two members shall be appointed by the Secretary from a list of candidates supplied to the Secretary by the Farmington River Watershed Association. (E) One member shall be appointed by the Secretary from each of the eight towns located along the West Branch of the river. The governing body of each of the eight towns shall provide a list of candidates to the Secretary from which the eight appointments under this paragraph shall be made. (F) Two members shall be appointed by the Secretary from a list of candidates supplied to the Secretary by the Metropolitan District Commission of Hartford, Connecticut. (2) The members of the Committee shall elect a chairman, vice chairman, and recording secretary from the membership at the first official meeting of the Committee. Official minutes shall be kept of each regular and special meeting of the Committee and shall be open for public inspection. (3) Any vacancy on the Committee shall be filled in the same manner in which the original appointment was made. Any member appointed to fill a vacancy occurring before the expiration of the term for which his predecessor was appointed shall be appointed only for the remainder of such term. Vacancies in the membership of the Committee shall not affect its power to function if there remain sufficient members to constitute a quorum under paragraph (4) of this subsection. (4) A majority of the members of the Committee shall constitute a quorum for all meetings. (5) The Committee shall advise the Secretary in conducting the study of the Farmington River segment specified in section 5(a)(92) of the Wild and Scenic Rivers Act. The Committee also shall advise 16 USC 1276.

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Page:United States Statutes at Large Volume 100 Part 4.djvu/598

 PUBLIC LAW 99-590—OCT. 30, 1986

100 STAT. 3334

16 USC 1276.

Appropriation authorization.

the Secretary concerning management alternatives should the river be included in the wild and scenic rivers system. (6) Members of the Committee shall serve without compensation but may be compensated for reasonable and necessary expenses incurred by them in the performance of their duties as members of the Committee. (7) The Committee may accept and utilize the services of voluntary, uncompensated personnel. (8) The Committee shall terminate on the later of the following: (A) the completion of the river study of the Farmington River described in section 5(a)(92) of the Wild and Scenic Rivers Act; or (B) the publication of management alternatives should the river be included in the wild and scenic rivers system. (e) As used in this title (other than in subsection (b)) the term "River" meems the segments of the Farmington River described in paragraph (92) of section 5(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1275(a)). (f) There are authorized to be appropriated up to $150,000 to carry out the purposes of this title. TITLE III—GREAT EGG HARBOR, NEW JERSEY

16 USC 1276.

.

SEC. 301. (a) STUDY.—Section 5(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1271-1287) is amended by adding at the end thereof the following new paragraph: "(93) Great Egg Harbor River, New Jersey: The entire river.". (b) COMPLETION DATE.—Section 5(b)(3) of such Act is amended by adding at the end thereof the following: "The study of the river named in paragraph (93) of subsection (a) shall be completed not later than three years after the date of the enactment of this sentence.". (c) AUTHORIZATION OF APPROPRIATIONS.—Paragraph (4) of section

5(b) of such Act is sunended by adding at the end thereof the following: "Effective October 1, 1986, there are authorized to be appropriated for the purpose of conducting the study of the river named in paragraph (93) not to exceed $150,000.". >

Appropriation authorization.

TITLE IV—SAUNE BAYOU, LOUISIANA

':;

SEC. 401. Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is Eimended by adding the following new paragraph: "(57) SAUNE BAYOU, LOUISIANA.—The segment from Saline Lake upstream to the Kisatchie National Forest, as generally depicted on the Proposed Boundary Map, numbered FS-57, and dated March 1986; to be administered by the Secretary of Agriculture. For the purposes of the Segment designated by this paragraph, there are authorized to be appropriated for fiscal years commencing after September 30, 1986, not to exceed $1,000,000 for the acquisition of lands and interests in lands and for development.". TITLE V—GENERIC AMENDMENTS

?!

 * 3;

SEC. 501. (a) Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by redesignating the paragraphs relating to the Au Sable River, the Tuolumne River, the Illinois River, and the Owyhee River as paragraphs (52) through (55) respectively.

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 PUBLIC LAW 99-590—OCT. 30, 1986

100 STAT. 3335

(b)(1) The first sentence of section 3(b) of the Wild and Scenic 16 USC 1274. Rivers Act is amended as follows: (A) Strike out "one year from the date of this Act" and sul9stitute "one year from the date of designation of such component under subsection (a)". (B) Strike out the second parenthetical statement, "(which boundaries shall include an average of not more than 320 acres of land per mile measured from the ordinary high water mark i o.. on both sides of the river)". ' ^ (C) Strike out the semicolon and the remainder of the sentence after the words "its various segments" and substitute a period. (2) The second sentence of section 3(b) of such Act is amended by striking out "Said boundaries, classification, and development plans" and substituting the words "Notice of the availability of the boundaries and classification, and of subsequent boundary amendments". (3) Section 3 of such Act is amended by adding the following new subsections at the end: "(c) Maps of all boundaries and descriptions of the classifications District of of designated river segments, and subsequent amendments to such Columbia. Public boundaries, shall be available for public inspection in the offices of information. the administering agency in the District of Columbia and in locations convenient to the designated river. "(d)(1) For rivers designated on or after January 1, 1986, the Federal agency charged with the administration of each component of the National Wild and Scenic Rivers System shall prepare a comprehensive management plan for such river segment to provide for the protection of the river values. The plan shall address resource protection, development of lands and facilities, user capacities, and other management practices necessary or desirable to achieve the purposes of this Act. The plan shall be coordinated with and may be incorporated into resource management planning for affected adjacent Federal lands. The plan shall be prepared, after State and local consultation with State and local governments and the interested governments. public within 3 full fiscal years after the date of designation. Notice of the completion and availability of such plans shall be published in Federal Register, the Federal Register. publication. "(2) For rivers designated before January 1, 1986, all boundaries, classifications, and plans shall be reviewed for conformity within the requirements of this subsection within 10 years through regular agency planning processes.". SEC. 502. Section 4 of the Wild and Scenic Rivers Act is amended 16 USC 1275. by adding a new subsection (d) after subsection (c): "(d) The boundaries of any river proposed in section 5(a) of this Act for potential addition to the National Wild and Scenic Rivers System shall generally comprise that area measured within onequarter mile from the ordinary high water mark on each side of the river. In the case of any designated river, prior to publication of ' ^^.,,, ^ boundaries pursuant to section 3(b) of this Act, the boundaries also ' ' shall comprise the same area. This subsection shall not be construed to limit the possible scope of the study report to address areas which may lie more than one-quarter mile from the ordinary high water " ^ mark on each side of the river.". 1 SEC. 503. Section 5 of the Wild and Scenic Rivers Act is amended 16 USC 1276. as follows:

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Page:United States Statutes at Large Volume 100 Part 4.djvu/600

 100 STAT. 3336 D f L Reports.

Appropriation authorization. 16 USC 1277.

16 USC 1278.

Ante, p. 3335. 16 USC 1279. 16 USC 1277, 1285a. 16 USC 1280.

PUBLIC LAW 99-590—OCT. 30, 1986

(a) In subsection (a) paragraph (90) relating to the North Umpqua is redesignated as paragraph (91). named in paragraphs (38), (55), (83), and (87) shall be completed and the reports transmitted to the Congress not later than January 1, 1987.". (c) Amend paragraph (4) of subsection (b) to read as follows: "(4) For the purposes of conducting the studies of rivers named in subsection (a), there are authorized to be appropriated such sums as necessary.". SEC. 504. (a) Section 6(e) of the Wild and Scenic Rivers Act is amended by striking out "Congress in authorized" and substituting "Congress is authorized". (b) Section 6(a) of the Wild and Scenic Rivers Act is amended by striking out "donation, and lands" in the second sentence and substituting "donation or by exchange in accordance with subsection (d) of this section. Lands". (c) Section 6(a) of the Wild and Scenic Rivers Act is amended by inserting "(1)" after "(a)" and by adding the following at the end: "(2) When a tract of land lies partially within and partially outside the boundaries of a component of the National Wild and Scenic Rivers System, the appropriate Secretary may, with the consent of the landowners for the portion outside the boundaries, acquire the entire tract. The land or interest therein so acquired outside the boundaries shall not be counted against the average onehundred-acre-per-mile fee title limitation of subsection (a)(1). The lands or interests therein outside such boundaries, shall be disposed of, consistent with existing authorities of law, by sale, lease, or exchange.". (d) Section 6(b) of the Wild and Scenic Rivers Act is amended as follows: (1) Insert in the first sentence "outside the ordinary high water mark on both sides of the river" after the word "acreage". (2) Insert "in fee title" after the word "owned". SEC. 505. (a) The second sentence of section 7(a) of the Wild and Scenic Rivers Act is amended by deleting "approval of this Act" and substituting "designation of a river as a component of the National Wild and Scenic Rivers System". (b) Section 7(b) of the Wild and Scenic Rivers Act is amended as follows: (1) In the first sentence after clause (i) insert a new clause (ii) as follows: "(ii) during such interim period from the date a report is due and the time a report is actually submitted to the Congress; and". (2) Redesignate existing clause (ii) as clause (iii). (3) At the end of the second sentence, delete "approval of this Act" and insert in lieu thereof the words, "designation of a river for study as provided for in section 5 of this Act". SEC. 506. Section 8(a) of the Wild and Scenic Rivers Act is amended by adding the following at the end thereof: "This subsection shall not be construed to limit the authorities granted in section 6(d) or section 14A of this Act.". SEC. 507. Section 90t>) of the Wild and Scenic Rivers Act is amended by striking out "issuance or leases" in the second sentence and substituting "issuance of leases".
 * (b) At the end of subsection (b)(1) add: "Studies of the river

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Page:United States Statutes at Large Volume 100 Part 4.djvu/601

. ""^?^^^'"'

PUBLIC LAW 99-590—OCT. 30, 1986

100 STAT. 3337

SEC. 508. Section 11 of the Wild and Scenic Rivers Act is amended by deleting the second sentence in subsection (a) and by amending subsection 0>) to read as follows: "OJXD The Secretary of the Interior, the Secretary of Agriculture, or the head of any other Federal agency, shall assist, advise, and cooperate with States or their political subdivisions, landowners, private organizations, or individuals to plan, protect, and manage river resources. Such assistance, advice, and cooperation may be through written agreements or otherwise. This authority applies within or outside a federally administered area and applies to rivers which are components of the National Wild and Scenic Rivers System and to other rivers. Any agreement under this subsection may include provisions for limited financial or other assistance to encourage participation in the acquisition, protection, and management of river resources. "(2) Wherever appropriate in furtherance of this Act, the Secretary of Agriculture and the Secretary of the Interior are authorized and encouraged to utilize the following: "(A) For activities on federally owned land, the Volunteers in the Parks Act of 1969 (16 U.S.C. 18g-j) and the Volunteers in the Forest Act of 1972 (16 U.S.C. 558a-558d). "(B) For activities on all other lands, section 6 of the Land and Water Conservation Fund Act of 1965 (relating to the development of statewide comprehensive outdoor recreation plans). "(3) For purposes of this subsection, the appropriate Secretary or the head of any Federal agency may utilize and make available Federal facilities, equipment, tools and technical assistance to volunteers and volunteer organizations, subject to such limitations and restrictions as the appropriate Secretary or the head of any Federal agency deems necessary or desirable. "(4) No permit or other authorization provided for under provision of any other Federal law shall be conditioned on the existence of any agreement provided for in this section.". SEC. 509. Section 12(c) of the Wild and Scenic Rivers Act is amended by deleting the words "Secretary of the Interior" and inserting in lieu thereof the words "Administrator, Environmental Protection Agency". SEC. 510. Section 16(c) of the Wild and Scenic Rivers Act is amended by adding at the end thereof: "For any designated wild and scenic river, the appropriate Secretary shall treat the acquisition of fee title with the reservation of regular existing uses to the owner as a scenic easement for purposes of this Act. Such an acquisition shall not constitute fee title ownership for purposes of section 6(b).". TITLE VI SEC. 601. Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by adding at the end thereof the following new paragraph: "(58) BLACK CREEK, MISSISSIPPI.—The segment from Fairley Bridge Landing upstream to Moody's Landing as generally depicted on a map entitled 'Black Creek Wild and Scenic River', numbered FS-58 and dated March 1986, to be administered by the Secretary of Agriculture as a scenic river area under section 2(b)(2). For the purposes of the segment designated by this paragraph, there are authorized to be appropriated up to $300,000 for the acquisition of lands and interests in lands and for development.".

16 USC 1282. State and local governments. Contracts.

16 USC 460Z-8 Voluntarism.

16 USC 1283.

16 USC 1286.

Ante, p. 3336

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Page:United States Statutes at Large Volume 100 Part 4.djvu/602

 100 STAT. 3338

PUBLIC LAW 99-590—OCT. 30, 1986 TITLE VII—TO PROVIDE RELIEF FOR CERTAIN DESERT: LAND ENTRYMEN IN IDAHO

43 USC 321. Patents and trademarks.

SEC. 701. The Congress finds that— (1) certain developed and productive desert land entries in Idaho, identified in section 702 of this title, made pursuant to the Act entitled "An Act to provide for the sale of desert lands in certain States and Territories", approved March 3, 1877 (43 U.S.C. 321, et seq.), commonly known and hereinafter referred to as the "Desert Land Act", have been cancelled by the Secretary of the Interior pursuant to holding limitation regulations promulgated pursuant to section 7 of the Act (43 U.S.C. 329); (2) such regulations were retroactively applied to such desert land entries several years after the entries were allowed and more than two years after final development, proof and final payment for such entries were made, without giving the entrymen any opportunity to comply with the new interpretation of such regulations; (3) cancellation of such desert land entries was harsh and unfair, and resulted in forfeiture to the Government of the developed entries and the monies paid for the land; (4) such entrymen have fulfilled the requirements of the Desert Land Act in all respects other than such holding limitation regulations; and (5) such entrymen, or their heirs or devisees, should have the entries reinstated and qualify for issuance of patents to carry out the objectives of the Desert Land Act. SEC. 702. The names of the entrymen, and the serial numbers of the desert land entries generally known as the "Sailor Creek Project", to which this title applies, are as follows: . '

Entryman G. Patrick Morris John E. Roth Elise L. Neeley Lyle D. Roth Vera M. Noble (Now Baltzor) Charlene S. Baltzor George R. Baltzor John E. Morris (deceased) Juanita M. Morris Nellie Mac Morris (deceased) MiloAxelsen Peggy Axelsen

Patents and trademarks.

.

Bureau of Land Management Serial Number Idaho 013820 Idaho 013905 Idaho 013906 Idaho 013907 Idaho 014126 Idaho 014128 Idaho 014129 Idaho 014130 Idaho 014249 Idaho 014250 Idaho 014251 Idaho 014252

SEC. 703. (a) The desert land entries identified in section 702 of this title are hereby reinstated. The entrymen, or the heirs or devisees of any deceased entryman, may— (1) rescind any agreement which is prohibited by the Secretary of the Interior pursuant to regulations under section 7 of the Act (43 U.S.C. 329) within six months after the date of enactment of this title; and (2) resubmit final proof of reclamation and cultivation of the land in accordance with the provisions of section 7 of the Act (43 U.S.C. 329) before December 31, 1988. (b) The Secretary of the Interior shall issue patents to the entrymen named in section 702, or their heirs or devisees upon compliance with the provisions of subsection (a) and the submission of satisfactory final proof.

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