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Page:United States Statutes at Large Volume 96 Part 2.djvu/328

 96 STAT. 1690

26 USC 267.

PUBLIC LAW 97-354—OCT. 19, 1982 "(12) An S corporation and a C corporation, if the same individual owns more than 50 percent in value of the outstanding stock of each corporation." (2) Section 267 is amended by adding at the end thereof the following new subsection:

"(f) SPECIAL RULES FOR UNPAID EXPENSES AND INTEREST OF S CORPORATIONS.—

"(1) IN GENERAL.—In the case of any amount paid or incurred by an S corporation, if— "(A) by reason of the method of accounting of the person to whom the payment is to be made, the amount thereof is not (unless paid) includible in the gross income of such person, and "(B) at the close of the taxable year of the S corporation for which (but for this paragraph) the amount would be deductible under section 162, 212, or 163, both the S corporation and the person to whom the payment is to be paid are persons specified in one of the paragraphs of subsection (b), then no deduction shall be allowed in respect of expenses otherwise deductible under section 162 or 212, or of interest otherwise deductible under section 163, before the day as of which the amount thereof is includible in the gross income of the person to whom the pa5niient is made. "(2) CERTAIN SHAREHOLDERS, ETC., TREATED AS RELATED PER-

SONS.—For purposes of applying paragraph (1) ^ "(A) an S corporation, "(B) any person who owns, directly or indirectly, 2 percent or more in value of the outstanding stock of such corporation, and "(C) any person related (within the meaning of subsection (b) of this section or section 707(b)(1)(A)) to a person described in subparagraph (B), shall be treated as persons specified in a paragraph of subsection (b). "(3) SUBSECTION (a)(2) NOT TO APPLY.—Subsection (a)(2) shall not apply to any amount paid or incurred by an S corporation." (3) Subsection (b) of section 267 is amended by striking out "or" at the end of paragraph (8), and by striking out the period at the end of paragraph (9) and inserting in lieu thereof a semicolon, (i) WITHHOLDING FROM INTEREST AND DIVIDENDS.—

Ante, p. 579.

Ante, p. 580.

(1) Paragraph (1) of section 3453(b) (relating to certain middlemen treated as payors) is amended by striking out "or" at the end of subparagraph (B), by inserting "or" at the end of subparagraph (C), and by inserting after subparagraph (C) the following new subparagraph: "(D) any S corporation which receives any payment,". (2) Subsection (b) of section 3454 (defining dividend) is amended by striking out paragraph (2) and by redesignating paragraph (3) as paragraph (2). (3) Paragraph (2) of section 3454(b) (as redesignated by paragraph (2)) is amended by inserting "and" at the end of subparagraph (F), by striking out ", and" at the end of subparagraph (G) and inserting in lieu thereof a period, and by striking subparagraph (H).

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Page:United States Statutes at Large Volume 96 Part 2.djvu/329

 PUBLIC LAW 97-354—OCT. 19, 1982

96 STAT. 1691

(4) Subsection (d) of section 31 (as amended by section 302 of the Tax Equity and Fiscal Responsibility Act of 1982) is Ante, p. 585. amended to read as follows: "(d) YEAR FOR WHICH CREDIT ALLOWED.—Any credit allowed by

this section shall be allowed for the taxable year beginning in the calendar year in which the amount was withheld (or, in the case of subsection (c), in which the wages were received). If more than 1 taxable year begins in a calendar year, such amount shall be allowed as a credit for the last taxable year so beginning." SEC. 4. TAX TREATMENT OF SUBCHAPTER S ITEMS.

(a) GENERAL RULE.—Chapter 63 (relating to assessment) is amended by adding at the end thereof the following new subchapter:

"Subchapter D—Tax Treatment of Subchapter S Items "Sec. 6241. Tax treatment determined at corporate level. "Sec. 6242. Shareholder's return must be consistent with corporate return or Secretary notified of inconsistency. "Sec. 6243. All shareholders to be notified of proceedings and given opportunity to participate. "Sec. 6244. Certain partnership provisions made applicable. "Sec. 6245. Subchapter S item defined.

"SEC. 6241. TAX TREATMENT DETERMINED AT CORPORATE LEVEL. "Except as otherwise provided in regulations prescribed by the Secretary, the tax treatment of any subchapter S item shall be determined at the corporate level. "SEC. 6242. SHAREHOLDER'S RETURN MUST BE CONSISTENT WITH CORPORATE RETURN OR SECRETARY NOTIFIED OF INCONSISTENCY.

26 USC 6 4 21

26 USC 6242

"A shareholder of an S corporation shall, on such shareholder's return, treat a subchapter S item in a manner which is consistent with the treatment of such item on the corporate return unless the shareholder notifies the Secretary (at the time and in the manner prescribed by regulations) of the inconsistency. "SEC. 6243. ALL SHAREHOLDERS TO BE NOTIFIED OF PROCEEDINGS AND GIVEN OPPORTUNITY TO PARTICIPATE.

26 USC 6243

"In the manner and at the time prescribed in regulations, each shareholder in a corporation shall be given notice of, and the right to participate in, any administrative or judicial proceeding for the determination at the corporate level of any subchapter S item. "SEC. 6244. CERTAIN PARTNERSHIP PROVISIONS MADE APPLICABLE.

"The provisions of— "(1) subchapter C which relate to— "(A) assessing deficiencies, and filing claims for credit or refund, with respect to partnership items, and "(B) judicial determination of partnership items, and "(2) so much of the other provisions of this subtitle as relate to partnership items, are (except to the extent modified or made inapplicable in regulations) hereby extended to and made applicable to subchapter S items.

26 USC 6244.

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Page:United States Statutes at Large Volume 96 Part 2.djvu/330

 96 STAT. 1692 26 USC 6245.

PUBLIC LAW 97-354—OCT. 19, 1982

"SEC. 6245. SUBCHAPTER S ITEM DEFINED.

"For purposes of this subchapter, the term 'subchapter S item' means any item of an S corporation to the extent regulations prescribed by the Secretary provide that, for purposes of this subtitle, such item is more appropriately determined at the corporate level than at the shareholder level." (b) CLERICAL AMENDMENT.—The table of subchapters for chapter 63 is amended by adding at the end thereof the following new item: "SUBCHAPTER D. Tax treatment of subchapter S items."

SEC. 5. TECHNICAL AND CONFORMING AMENDMENTS.

26 USC 44D.

(a) TECHNICAL AMENDMENTS.— (1) SECTION 44D (d)(9).—Paragraph

(9) of section 44D(d) (relating to pass-thru in the case of subchapter S corporations, etc.) is amended to read as follows: "(9) PASS-THRU IN THE CASE OF ESTATES AND TRUSTS.—Under

26 USC 44E.

regulations prescribed by the Secretary, rules similar to the rules of subsection (d) of section 52 shall apply." (2) SECTION 44E (d)(5).—Paragraph (5) of section 44E(d) (relating to pass-thru in the case of subchapter S corporations, etc.) is amended to read as follows: "(5) PASS-THRU IN THE CASE OF ESTATES AND TRUSTS.—Under

regulations prescribed by the Secretary, rules similar to the rules of subsection (d) of section 52 shall apply." 95 Stat. 241.

26 USC 44F.

(3) SECTION 44F.—

(A) Subparagraph (A) of section 44F(f)(2) (relating to passthru in the case of subchapter S corporations, etc.) is amended to read as follows: "(A) PASS-THRU IN THE CASE OF ESTATES AND TRUSTS.—

26use46.

Ante, p. 1685. 95 Stat. 229.

26 USC 48.

Under regulations prescribed by the Secretary, rules similar to the rules of subsection (d) of section 52 shall apply." (B) Clause (iv) of section 44F(g)(l)(B) is amended by striking out "an electing small business corporation (within the meaning of section 1371(b))" and inserting in lieu thereof "an S corporation". (4) SECTION 46(a)(4).—The second sentence of paragraph (4) of section 46(a) (defining liability for tax) is amended by striking out "section 1378 (relating to tax on certain capital gains of subchapter S corporations)," and inserting in lieu thereof "section 1374 (relating to tax on certain capital gains of S corporations),". (5) SECTION 46(c)(8)(c).—Subparagraph (C) of section 46(c)(8) (relating to special rules for partnerships and subchapter S corporations) is amended by striking out "electing small business corporation (within the meaning of section 1371(b))" and inserting in lieu thereof "S corporation". (6) SECTION 46 (e)(3).—Paragraph (3) of section 46(e) (relating to noncorporate lessors) is amended by striking out "an electing small business corporation (as defined in section 1371)" and inserting in lieu thereof "an S corporation". (7) SECTION 48(e).—Subsection (e) of section 48 (relating to subchapter S corporations) is hereby repealed. (8) SECTION 48 (k)(5KD)(i).—The second sentence of clause (i) of section 48(k)(5)(D) (relating to allocation of direct production costs) is amended by striking out "an electing small business

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Page:United States Statutes at Large Volume 96 Part 2.djvu/331

 PUBLIC LAW 97-354—OCT. 19, 1982

96 STAT. 1693

corporation (within the meaning of section 1371)" and inserting in lieu thereof "an S corporation". (9) SECTION 50A (a)(3).—The second sentence of paragraph (3) of section 50A(a) (defining Hability for tax) is amended by striking out "section 1378 (relating to tax on certain capital gains of subchapter S corporations)," and inserting in lieu thereof "section 1374 (relating to tax on certain capital gains of S corporations),". (10) SECTION 50B(d).—Subsection (d) of section 50B (relating to subchapter S corporations) is hereby repealed. (11) SECTION 52(d).—Section 52 is amended by striking out subsection (d) and by redesignating subsections (e) and (f) as subsections (d) and (e), respectively. (12) SECTION 53(a).—The second sentence of subsection (a) of section 53 (relating to limitation based on amount of tax) is amended by striking out "section 1378 (relating to tax on certain capital gains of subchapter S corporations)," and inserting in lieu thereof "section 1374 (relating to tax on certain capital gains of S corporations),". (13) SECTION 55(e)(8)(c).—Subparagraph (C) of section 55(e)(8) is amended by striking out "an electing small business corporation (as defined in section 1371(b))" and inserting in lieu thereof "an S corporation". (14) SECTION 57(a).—The last sentence of section 57(a) (defming items of tax preference) is amended by striking out "an electing small business corporation (as defined in section 1371(b)) and". (15) SECTION 57(b).—Subsection (b) of section 57 is amended— (A) by striking out "an applicable corporation" in paragraph (1) and inserting in lieu thereof "a corporation", (B) by striking out "applicable corporation" in paragraph (2) and inserting in lieu thereof "corporation", and (C) by striking out paragraph (3). (16) SECTION 58(d).—Subsection (d) of section 58 (relating to electing small business corporations and their shareholders) is amended to read as follows:

26 USC 50A.

26 USC 50B. 26 USC 52. 26 USC 53.

^n^, p. 4ii.

26 USC 57.

26 USC 58.

"(d) CERTAIN CAPITAL GAINS OF S CORPORATIONS.—If for a taxable

year of an S corporation a tax is imposed on the income of such corporation under section 1374, such corporation shall be subject to ^"^«' P 1683. the tax imposed by section 56, but computed only with reference to the item of tax preference set forth in section 57(a)(9)(B) to the extent attributable to gains subject to the tax imposed by section 1374." (17) SECTION 62(9).—Paragraph (9) of section 62 (relating to 26 USC 62. pension, etc., plans of an electing small business corporation) is hereby repealed. (18) SECTION I 6 3 (d)(4).—Paragraph (4) of section 163(d) (relat- 26 USC 163. ing to limitation on interest on investment indebtedness) is amended by striking out subparagraphs (B) and (C) and redesignating subparagraph (D) as subparagraph (B). (19) SECTION 168(f)(8)(B).—Clause (i) of section 168(f)(8)(B) 95 Stat. 204. (relating to special rules for leases), as in effect before the ^^ ^^^ ^^^ enactment of the Tax Equity and Fiscal Responsibility Act of 1982, is amended by striking out "an electing small business Ante, p. 324. corporation (within the meaning of section 1371(b))" and inserting in lieu thereof "an S corporation".

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text: The New Student's Reference Work/Vanderbilt University


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Page:Bobbsey Twins at the Seashore.djvu/42

32 Lakeport for the school days. But Nan tells me little Nellie is not well yet?"

"No, I am afraid she will need another change of air to undo the trouble made by her close confinement in a city store. She is not seriously sick, but so run down that it will take some time for her to get strong again," said the matron.

"Have you a camp at the seashore?" asked Mrs. Bobbsey.

"No; indeed, I wish we had," answered the matron. "I am just going down now to see if I can't find some place where Nellie can stay for a few weeks."

"I'm going to visit my sister, Mrs. Minturn, at Ocean Cliff, near Sunset Beach," said Mrs. Bobbsey. "They have a large cottage and are always charitable. If they have no other company I think, perhaps, they would be glad to give poor little Nellie a room."

"That would be splendid!" exclaimed the matron. "I was going to do a line of work I never did before. I was just going to call on some of the well-to-do people, and ask them to take Nellie. We had no funds, and I felt so


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Page:United States Statutes at Large Volume 96 Part 2.djvu/332

 96 STAT. 1694 Ante, p. 442.

26 USC 170.

95 Stat. 248. 26 USC 172. 26 USC 183.

Ante, p. 432.

26 USC 280.

26 USC 280A.

PUBLIC LAW 97-354—OCT. 19, 1982

(20) SECTION 168(f).—Subclause (I) of section 168(f)(8)(C)(i) (as added by subsection (a) of section 209 of the Tax Equity and Fiscal Responsibility Act of 1982) is amended by striking out "an electing small business corporation within the meaning of section 1371(b)" and inserting in lieu thereof "an S corporation". (21) SECTION 170 (e).—

(A) Subparagraph (A) of section 170(e)(3) (defining qualified contributions) is amended by striking out "an electing small business corporation within the meaning of section 1371(b))" and inserting in lieu thereof "an S corporation)". (B) Clause (i) of section 170(e)(4)(D) is amended to read as follows: "(i) an S corporation,". (22) SECTION 172 (f).—Subsection (f) of section 172 (relating to disallowance of net operating loss of electing small business corporations) is hereby repealed. (23) SECTION 183 (a).—Subsection (a) of section 183 (relating to activities not engaged in for profit) is amended by striking out "an electing small business corporation (as defined in section 1371(b))" and inserting in lieu thereof "an S corporation". (24) SECTION 189 (d).—Paragraph (2) of section 189(d) is amended by striking out "an electing small business corporation (within the meaning of section 1371(b))" and inserting in lieu thereof "an S corporation". (25) SECTION 280 (a).—The second sentence of subsection (a) of section 280 (relating to certain expenditures incurred in production of films, books, records, or similar property) is amended by striking out "an electing small business corporation (as defined in section 1371(b))," and inserting in lieu thereof "an S corporation,". (26) SECTION 280A.— (A) Subsection (a) of section 280A (relating to disallowance of certain expenses in connection with business use of home, rental of vacation homes, etc.) is amended by striking out "an electing small business corporation," and inserting in lieu thereof "an S corporation,". (B) Paragraph (1) of section 280A(e) is amended by striking out "an electing small business corporation" and inserting in lieu thereof "an S corporation". (C) Paragraph (2) of section 280A(f) is amended to read as follows: "(2) PERSONAL USE BY SHAREHOLDERS OF S CORPORATION.—In

the case of an S corporation, subparagraphs (A) and (B) of subsection (d)(2) shall be applied by substituting 'any shareholder of the S corporation' for 'the taxpayer' each place it appears." Ante, p. 423.

(27) SECTION 2 9 1. —

(A) Subsections (a) and (b) of section 291 are each amended by striking out "an applicable corporation" each place it appears and inserting in lieu thereof "a corporation". (B) Subsection (e) of section 291 is amended by striking out paragraph (2) and by redesignating paragraph (3) as paragraph (2).

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Page:United States Statutes at Large Volume 96 Part 2.djvu/333

 PUBLIC LAW 97-354—OCT. 19, 1982

96 STAT. 1695

(28) SECTION 447(C)(1).—Paragraph (1) of section 447(c) (relating to exception for small business and family corporations) is amended to read as follows: "(1) an S corporation,". (29) SECTION 447(g).—Clause (i) of section 447(g)(4)(A) is amended to read as follows: "(i) an S corporation, or". (30) SECTION 464(C)( i).—Paragraph (1) of section 464(c) (defining farming syndicate) is amended by striking out "an electing small business corporation (as defined in section 1371(b))* each place it appears and inserting in lieu thereof "an S corporation". (31) SECTION 465.— (A) Paragraph (1) of section 465(a) (relating to deductions limited to amount at risk) is amended by adding "and" at the end of subparagraph (A), by striking out subparagraph (B), and by redesignating subparagraph (C) as subparagraph (B). (B) Paragraph (3) of section 465(a) is amended— (i) by striking out "paragraph (1)(C)" and inserting in lieu thereof "paragraph (I)(B), and (ii) by striking out "PARAGRAPH (ixo" in the paragraph heading and inserting in lieu thereof "PARAGRAPH (1)(B)". (C) The last sentence of paragraph (2) of section 465(c) is amended— (i) by striking out "an electing small business corporation the first place it appears and inserting in lieu thereof "an S corporation", and (ii) by striking out "an electing small business corporation the second place it appears and inserting in lieu thereof "the S corporation. (D) Clause (ii) of section 465(c)(3)(B) is amended by striking out "electing small business corporation (as defined in section 1371(b))" and inserting in lieu thereof "an S corporation". (E) Subparagraph (A) of section 465(c)(4) is amended by striking out "subsection (a)(l)(C)" and inserting in lieu thereof "subsection (a)(l)(B)". (32) SECTION 992 (d)(7).—Paragraph (7) of section 992(d) (relating to corporations not eligible to be a DISC) is amended to read as follows: "(7) an S corporation." (33) SECTION ioi6(a)(i8).—Paragraph (18) of section 1016(a) (relating to adjustments to basis) is amended to read as follows: "(18) to the extent provided in section 1367 in the case of stock of, and indebtedness owed to, shareholders of an S corporation;". (34) SECTION 1101(a)(3)(D).—Subparagraph (D) of section 1101(a)(3) (relating to non-pro rata distributions from certain closely held corporations) is amended by striking out "section 1371(a)(l)" and inserting in lieu thereof "section 1361(b)(l)(A)". (35) SECTION 1212 (a).—Subsection (a) of section 1212 (relating to capital loss carrybacks and carryovers of corporations) is amended by striking out paragraph (3) and by redesignating paragraph (4) as paragraph (3). (36) SECTION 1251(b)(2)(B).—

26 USC 447.

Ante, p. i95. 26 USC 464.

26 USC 465.

26 USC 992.

26useioi6.

26useii0i.

26 USC 1212.

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Page:United States Statutes at Large Volume 96 Part 2.djvu/334

 96 STAT. 1696 26 USC 1251.

26use 1254.

95 Stat. 327. 26 USC 1256. 26 USC 6037.

26 USC 6042.

26 USC 6362.

PUBLIC LAW 97-354—OCT. 19, 1982 (A) Subparagraph (B) of section 1251(b)(2) (relating to excess deductions account) is amended— (i) by striking out "an electing small business corporation (as defined in section 1371(b))," and inserting in lieu thereof "an S corporation,", and (ii) by striking out "electing small business corporation" each place it appears in the second and third sentences and inserting in lieu thereof "S corporation". (B) Subparagraph (D) of section 1251(b)(2) is amended by striking out "an electing small business corporation" and inserting in lieu thereof "an S corporation". (37) SECTION 1254(b)(2).—Paragraph (2) of section 1254(b) (relating to special rules for gain from dispositions of interest in oil, gas, or geothermal property) is amended by striking out "an electing small business corporation (as defined in section 1371(b))," and inserting in lieu thereof "an S corporation,". (38) SECTION 1256(e)(3)(B).—Subparagraph (B) of section 1256(e)(3) (defining syndicate) is amended by striking out "an electing small business corporation within the meaning of section 1371(b)" and inserting in lieu thereof "an S corporation". (39) SECTION 6037.— (A) Section 6037 (relating to return of electing small business corporation) is amended— (i) by striking out "Every electing small business corporation (as defined in section 1371(b))" and inserting in lieu thereof "Every S corporation", (ii) by striking out "and such other information" and inserting in lieu thereof "each shareholder's pro rata share of each item of the corporation for the taxable year, and such other information", and (iii) by striking out "ELECTING SMALL BUSINESS CORPORATION" in the section heading and inserting in lieu thereof "S CORPORATION". (B) The table of sections for subpart A of part III of subchapter A of chapter 61 is amended by striking out "electing small business corporation" in the item relating to section 6037 and inserting in lieu thereof "S corporation". (40) SECTION 6042(b)(2).—Paragraph (2) of section 6042(b) (defining dividend) is amended to read as follows: "(2) EXCEPTIONS.—For purposes of this section, to the extent provided in regulations prescribed by the Secretary, the term 'dividend' does not include any distribution or payment— "(A) by a foreign corporation, or "(B) to a foreign corporation, a nonresident alien, or a partnership not engaged in a trade or business in the United States and composed in whole or in part of nonresident aliens." (41) SECTION 6362(f)(7).—Paragraph (7) of section 6362(f) (relating to partnerships, trusts, subchapter S corporations, and other conduit entities) is amended— (A) by striking out "electing small business corporations (within the meaning of section 1371(a))" in subparagraph (D) and inserting in lieu thereof "S corporations", and (B) by striking out "SUBCHAPTER S CORPORATIONS," in

paragraph heading.

the

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Page:United States Statutes at Large Volume 96 Part 2.djvu/335

 PUBLIC LAW 97-354—OCT. 19, 1982

96 STAT. 1697

(42) Section 6661(b).—Subparagraph (B) of section 6661(b)(1) is amended by striking out "an electing small business corporation (as defined in section 1371(b))" and inserting in lieu thereof "an S corporation". (43) Subsection (d) of section 408 of the Employee Retirement Income Security Act of 1974 is amended by striking out "section 1379 of the Internal Revenue Code of 1954" and inserting in lieu thereof "section 1379 of the Internal Revenue Code of 1954 as in effect on the day before the date of the enactment of the Subchapter S Revision Act of 1982". (b) CLERICAL AMENDMENT.—The table of subchapters for chapter 1 is amended by striking out the item relating to subchapter S and inserting in lieu thereof the following:

Ante, p. 614.

29 USC 1108.

"SUBCHAPTER S. Tax treatment of S corporations and their shareholders."

SEC. 6. EFFECTIVE DATES.

,,.

,.

.

26 USC 1361 note.

(a) IN GENERAL.—Except as otherwise provided m this section, the amendments made by this Act shall apply to taxable years beginning after December 31, 1982. (b) TRANSITIONAL RULES.— (1) SECTIONS 1379 A N D 62(9) CONTINUE TO APPLY FOR 1983. —

Sections 1379 and 62(9) of the Internal Revenue Code of 1954 (as in effect before the date of the enactment of this Act) shall remain in effect for years beginning before January 1, 1984. (2) ALLOWANCE OF EXCLUSION OF DEATH BENEFIT.—Notwith-

standing section 241(b) of the Tax Equity and Fiscal Responsibility Act of 1982, in the case of amounts received under a plan of Ante, p. 520. an S corporation, the amendment made by section 239 of such Act shall apply with respect to decedents dying after December Ante, p. 514. 31, 1982. (3) N E W PASSIVE INCOME RULES APPLY TO TAXABLE YEARS BEGINNING DURING 1982.—In the case of a taxable year beginning

during 1982— (A) sections 1362(d)(3), 1366(f)(3), and 1375 of the Internal Revenue Code of 1954 (as amended by this Act) shall apply. and (B) section 1372(e)(5) of such Code (as in effect on the day before the date of the enactment of this Act) shall not apply. (c) GRANDFATHER RULES.— (1) SUBSIDIARIES WHICH

ARE FOREIGN

Ante, pp. 1672, ^^'^'^' ^^^^•

CORPORATIONS OR

DISC'S.—In the case of any corporation which on September 28, 1982, would have been a member of the same affiliated group as an electing small business corporation but for paragraph (3) or (7) of section 1504(b) of the Internal Revenue Code of 1954, subparagraph (A) of section 1361(b)(2) of such Code (as amended by section 2) shall be applied by substituting "without regard to Ante, p. 1669. the exceptions contained in paragraphs (1), (2), (4), (5), and (6) of subsection (b) thereof for "without regard to the exceptions contained in subsection (b) thereof. (2) CASUALTY INSURANCE COMPANIES.—

(A) IN GENERAL.—In the case of any qualified casualty insurance electing small business corporation— (i) the amendments made by this Act shall not apply, and

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Page:United States Statutes at Large Volume 96 Part 2.djvu/336

 96 STAT. 1698

PUBLIC LAW 97-354—OCT. 19, 1982

26 USC 1371. 26 USC 831.

(ii) subchapter S (as in effect on July 1, 1982) of chapter 1 of the Internal Revenue Code of 1954 and part III of subchapter L of chapter 1 of such Code shall apply. (B) QUALIFIED CASUALTY INSURANCE ELECTING SMALL

Ante, p. 1669.

BUSINESS CORPORATION.—The term "qualified casualty insurance electing small business corporation" means any corporation described in section 831(a) of the Internal Revenue Code of 1954 if— (i) as of July 12, 1982, such corporation was an electing small business corporation and was described in section 831(a) of such Code, (ii) such corporation was formed before April 1, 1982, and proposed (through a written private offering first circulated to investors before such date) to elect to be taxed as a subchapter S corporation and to be operated on an established insurance exchange, or (iii) such corporation is approved for membership on an established insurance exchange pursuant to a written agreement entered into before December 31, 1982, and such corporation is described in section 831(a) of such Code as of December 31, 1984. A corporation shall not be treated as a qualified casualty insurance electing small business corporation unless an election under subchapter S of chapter 1 of such Code is in effect for its first taxable year beginning after December 31, 1984. (3) CERTAIN CORPORATIONS WITH OIL AND GAS PRODUCTION.—

(A) IN GENERAL.—In the case of any qualified oil corporation— (i) the amendments made by this Act shall not apply, and (ii) subchapter S (as in effect on July 1, 1982) of chapter 1 of the Internal Revenue Code of 1954 shall apply. (B) QUALIFIED OIL CORPORATION.—For purposes of this paragraph, the term "qualified oil corporation" means any corporation if— (i) as of September 28, 1982, such corporation— (I) was an electing small business corporation, or (II) was a small business corporation which made an election under section 1372(a) after December 31, 1981, and before September 28, 1982, (ii) for calendar year 1982, the combined average daily production of domestic crude oil or natural gas of such corporation and any one of its substantial shareholders exceeds 1,000 barrels, and (iii) such corporation makes an election under this subparagraph at such time and in such manner as the Secretary of the Treasury or his delegate shall prescribe. (C) AVERAGE DAILY PRODUCTION.—For purposes of subpar-

agraph (B), the average daily production of domestic crude oil or domestic natural gas shall be determined under section 613A(c)(2) of such Code without regard to the last sentence thereof.

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 PUBLIC LAW 97-354-OCT. 19, 1982

96 STAT. 1699

(D) SUBSTANTIAL SHAREHOLDER.—For purposes of subpara-

graph (B), the term "substantial shareholder" means any person who on July 1, 1982, owns more than 40 percent (in value) of the stock of the corporation. (4) CONTINUITY REQUIRED.—

(A) IN GENERAL.—This subsection shall cease to apply with respect to any corporation after— (i) any termination of the election of the corporation under subchapter S of chapter 1 of such Code, or Ante, p. 1669. (ii) the first day on which more than 50 percent of the stock of the corporation is newly owned stock within the meaning of section 1378(c)(2) of such Code (as Ante, p. 1685. amended by this Act). (B) SPECIAL RULES FOR PARAGRAPH (2).—

(i) Paragraph (2) shall also cease to apply with respect to any corporation after the corporation ceases to be described in section 831(a) of such Code. (ii) For purposes of determining under subparagraph (A)(ii) whether paragraph (2) ceases to apply to any corporation, section 1378(c)(2) of such Code (as amended by this Act) shall be applied by substituting "December 31, 1984" for "December 31, 1982" each place it appears therein, (d) TREATMENT OF EXISTING FRINGE BENEFIT PLANS.—

(1) IN GENERAL.—In the case of existing fringe benefits of a corporation which as of September 28, 1982, was an electing small business corporation, section 1372 of the Internal Revenue Code of 1954 (as added by this Act) shall apply only with respect Ante, p. 1682. to taxable years beginning after December 31, 1987. (2) REQUIREMENTS.—This subsection shall cease to apply with respect to any corporation after whichever of the following first occurs: (A) the first day of the first taxable year beginning after December 31, 1982, with respect to which the corporation does not meet the requirements of section 1372(e)(5) of such Code (as in effect on the day before the date of the enactment of this Act), (B) any termination after December 31, 1982, of the election of the corporation under subchapter S of chapter 1 of such Code, or (C) the first day on which more than 50 percent of the stock of the corporation is newly owned stock within the meaning of section 1378(c)(2) of such Code (as amended by this Act). (3) EXISTING FRINGE BENEFIT.—For purposes of this subsection, the term "existing fringe benefit" means any employee fringe benefit of a type which the corporation provided to its employees as of September 28, 1982.

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 96 STAT. 1700

PUBLIC LAW 97-354—OCT. 19, 1982 (e) TREATMENT OF CERTAIN ELECTIONS UNDER PRIOR LAW.—For

Ante, p. 1672.

purposes of section 1362(g) of the Internal Revenue Code of 1954, as amended by this Act (relating to no election permitted within 5 years after termination of prior election), any termination under section 1372(e) of such Code (as in effect on the day before the date of the enactment of this Act) shall not be taken into account. Approved October 19, 1982.

LEGISLATIVE HISTORY—H.R. 6055: HOUSE REPORT No. 97-^26 (Comm. on Ways and Means). SENATE REPORT No. 97-640 (Comm. on Finance). CONGRESSIONAL RECORD, Vol. 128 (1982): Sept. 20, considered and passed House. Sept. 30, considered and passed Senate, amended. Oct. 1, House agreed to Senate amendments.

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 PUBLIC LAW 97-355—OCT. 19, 1982

96 STAT. 1701

Public Law 97-355 97th Congress Joint Resolution To designate the month of November 1982 as "National Christmas Seal Month".

Whereas chronic diseases of the lung afflict well over eighteen million Americans, cause more than two hundred thousand deaths annually, and cost the Nation more than $45,000,000,000 each year In lost wages, productivity, and in direct costs of medical care; Whereas diseases such as emphysema, chronic bronchitis, and lung cancer are responsible for three hundred and forty thousand premature deaths a year; Whereas lung cancer is shortly expected to surpass breast cancer as a cause of death in American women, emphysema and other chronic obstructive pulmonary diseases have been the fastest rising cause of death in the United States in the last fourteen years, and over six million Americans, including two million children, suffer from asthma; Whereas the American Lung Association, the Nation's first voluntary health organization providing services to communities with funds raised through private contributions, was founded in 1904 to combat tuberculosis when this lung disease was known in nearly every American family; Whereas tuberculosis has been subdued, though not eradicated, and in this one hundredth anniversary year of the discovery of the tubercle bacillus, the American Lung Association, with other national and international health organizations, is pledged to eliminate tuberculosis from this country in the next decade; and Whereas the American Lung Association now uses Christmas Seal dollars to support pulmonary research, advanced education of doctors and nurses in pulmonary medicine, and to provide services to thousands of Americans in their own communities: Now, therefore, be it

Oct. 19, 1982 [S.J. Res. 262]

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Rh much depended on the change of air, I simply made up my mind to go and do what I could."

"Then you can look in at my sister's first," said Mrs. Bobbsey. "If she cannot accommodate you, perhaps she can tell who could. Now, won't you come in the other car with us, and we can finish our journey together?"

"Yes, indeed I will. Thank you," said the matron, gathering up her belongings and making her way to the Bobbsey quarters in the other car.

"Won't it be lovely to have Nellie with us!" Nan said to Flossie, as they passed along. "I am sure Aunt Emily will say yes."

"So am I," said little Flossie, whose kind heart always went out when it should. "I know surely they would not let Nellie die in the city while we enjoy the seaside."

Freddie was awake now, and also glad to see Mrs. Manily.

"Where's Sandy?" he inquired at once. Sandy had been his little chum from the Meadow Brook Camp.

"I guess he is having a nice time somewhere," replied Mrs. Manily. "His aunt


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 96 STAT. 1702

PUBLIC LAW 97-355—OCT. 19, 1982

Resolved by the Senate and House of Representatives of the United National Christ- States of America in Congress assembled. That the month of Novemmas Seal Month. 5^^ 1982 IS designated as "National Christmas Seal Month" and the President of the United States is authorized and requested to issue a proclamation calling upon all government ag[encies and the people of the United States to observe the month with appropriate activities supporting the Christmas Seal program. Approved October 19, 1982.

LEGISLATIVE HISTORY—S.J. Res. 262: CONGRESSIONAL RECORD, Vol. 128 (1982): Oct. 1, considered and passed Senate and House.

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 PUBLIC LAW 97-356—OCT. 19, 1982

96 STAT. 1703

Public Law 97- •856 97th Congress An Act To authorize the Secretary of the Interior to acquire by exchange certain lands within the Indiana Dunes National Lakeshore in the State of Indiana.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) notwithstanding the fourth sentence of section 2(a) 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-l(a)), or any other provision of law, the Secretary of the Interior is authorized— (1) to accept from the State of Indiana the conveyance of 69.17 acres of land located within area IV-A, as designated on the map referred to in the first section of such Act (16 U.S.C. 460u), commonly known as "Blue Heron Rookery", and (2) in exchange for such conveyance, to convey to the State of Indiana 31.26 acres of land located within area IV, as designated on such map, commonly known as "Hoosier Prairie". (b) The Secretary of the Interior may not carry out the conveyance specified in subsection (a)(2) unless, simultaneously with such conveyance and in consideration of such conveyance, the State of Indiana— (1) transfers to the Secretary all right, title, and interest in the land described in subsection (a)(1); (2) enters into a recordable agreement satisfactory to the Secretary providing that— (A) the State will not use, or permit the use, of the land described in subsection (a)(2) for any purpose other than the interpretation and public appreciation and use of the Hoosier Prairie Unit of the Indiana Dunes National Lakeshore; (B) the State will not transfer any right, title, or interest in, or control over, any land described in subsection (a)(2) to any person other than the Secretary; (C) the State will permit access by the Secretary at reasonable times to the land described in subsection (a)(2); and (D) upon a final determination by the Secretary that— (i) the State has failed to comply with the requirements of subparagraph (A) or (B), and (ii) after receipt of notice from the Secretary respecting such failure, the State has failed or refused to comply with such requirements, all right, title, and interest in such land shall revert to the United States for administration by the Secretary as part of the lakeshore. The Secretary may make a determination under subparagraph (D) only after notice and opportunity for hearing on the record. The reversion under subparagraph (D) shall take effect upon publication of such determination by the Secretary in the Federal Register

Oct. 19, 1982 [H.R. 6029] Indiana Dunes National Lakeshore. Land conveyance. 16 USC 460U-1 note.

Notice and hearing. Publication in Federal Register.

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 96 STAT. 1704

PUBLIC LAW 97-356—OCT. 19, 1982

without further notice or requirement for physical entry by the Secretary unless an action for judicial review is brought in the United States court of appeals for the appropriate circuit within ninety days following such publication. In any such action the court may issue such orders as appropriate to carry out the requirements of this subsection. Approved October 19, 1982.

LEGISLATIVE HISTORY—H.R. 6029: HOUSE REPORT No. 97-710 (Comm. on Interior and Insular Affairs). SENATE REPORT No. 97-561 (Comm. on Energy and Natural Resources). CONGRESSIONAL RECORD, Vol. 128 (1982): Aug. 16, considered and passed House. Oct. 1, considered and passed Senate.

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 PUBLIC LAW 97-357—OCT. 19, 1982

96 STAT. 1705

Public Law 97-357 97th Congress An Act To authorize appropriations for certain insular areas of the United States, 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—GUAM SEC. 101. Section 7 of the Organic Act of Guam (64 Stat. 384, 387), as amended, is revised to read as follows: "SEC. 7. (a) The people of Guam shall have the right of initiative and referendum, to be exercised under conditions and procedures specified in the laws of Guam. "(b) Any Governor, Lieutenant Governor, or member of the legislature of Guam may be removed from office by a referendum election in which at least two-thirds of the number of persons voting for such official in the last preceding general election at which such official was elected vote in favor of recall and in which those so voting constitute a majority of all those participating in such referendum election. The referendum election shall be initiated by the legislature of Guam following (a) a two-thirds vote of the members of the legislature in favor of a referendum, or (b) petition for such a referendum to the legislature by registered voters equal in number to at least 50 per centum of the whole number of votes cast at the last general election at which such official was elected preceding the filing of the petition.". SEC. 102. Section KaXD of Public Law 95-348 (92 Stat. 487) is amended by deleting "involved." and inserting in lieu thereof "involved, and $6,052,000 for fiscal year 1983, such sums to remain available until expended.". SEC. 103. Section 205 of Public Law 95-134 (91 Stat. 1159, 1162), as amended by subsection 1(d) of Public Law 95-348 (92 Stat. 487, 488), is further amended by deleting "Medical Center of the Marianas:" and inserting in lieu thereof "Medical Center of the Marianas, to renovate, maintain, and operate the Guam Memorial Hospital, and to construct, maintain, and operate a health care facility in the northern part of Guam:". SEC. 104. The Organic Act of Guam (64 Stat. 384), as amended, is further amended— (a) by deleting the first sentence of the sixth paragraph of section 6, as amended (82 Stat. 842, 843), and substituting the following: "The Governor shall prepare, publish, and submit to the Congress and the Secretary of the Interior a comprehensive annual financial report in conformance with the standards of the National Council on Governmental Accounting within one hundred and twenty days after the close of the fiscal year. The comprehensive annual financial report shall include statistical data as set forth in the standards of the National Council on Governmental Accounting relating to the physical, economic,

Oct. 19, 1982 [H.R. 5139] United States insular areas. Appropriation authorization. 48 USC 1422a.

Referendum election.

48 USC 1421 note. 48 USC 1422. Reports to Congress and Secretary of Interior.

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 96 STAT. 1706

Transfer of functions to Inspector General. 48 USC 1422d. Audit.

Report.

5 USC app. Transfer of funds to Inspector General.

PUBLIC LAW 97-357—OCT. 19, 1982

social, and political characteristics of the government, and any other information required by the Congress. The Governor shall transmit the comprehensive annual financial report to the Inspector General of the Department of the Interior who shall audit it and report his findings to the Congress. The Governor shall also make such other reports at such other times as may be required by the Congress or under applicable Federal law. He shall also submit to the Congress, the Secretary of the Interior, and the cognizant Federal auditors a written statement of actions taken or contemplated on Federal audit recommendations within sixty days after the issuance date of the audit report."; and (b) by deleting section 9-A (82 Stat. 842, 845), as amended (91 Stat. 1159, 1161), in its entirety, and inserting in lieu thereof the following new section 9-A: "SEC. 9-A. (a) The following functions, powers, and duties heretofore vested in the government comptroller for Guam are hereby transferred to the Inspector General, Department of the Interior, for the purpose of establishing an organization which will maintain a satisfactory level of independent audit oversight of the government of Guam: "(1) The authority to audit all accounts pertaining to the revenue and receipts of the government of Guam, and of funds derived from bond issues, and the authority to audit, in accordance with law and administrative regulations, all expenditures of funds and property pertaining to the government of Guam including those pertaining to trust funds held by the government of Guam. "(2) The authority to report to the Secretary of the Interior and the Governor of Guam all failures to collect amounts due the government, and expenditures of funds or uses of property which are irregular or not pursuant to law, "(b) The authority granted in paragraph (a) shall extend to all activities of the government of Guam, and shall be in addition to the authority conferred upon the Inspector General by the Inspector General Act of 1978 (92 Stat. 1101), as amended. "(c) In order to carry out the provisions of this section, the personnel, assets, liabilities, contracts, property, records, and unexpended balances of appropriations, authorizations, allocations, and other funds employed, held, used, arising from, available or to be made available, of the office of the government comptroller for Guam related to its audit function are hereby transferred to the Office of Inspector General, Department of the Interior.". TITLE II—TRUST TERRITORY OF THE PACIFIC ISLANDS

48 USC 1681 "°t®

SEC. 201. In section 402(a) of Public Law 96-597 (94 Stat. 3478) strike "by October 1, 1982," and insert in lieu thereof: "by a date not later than ninety days following termination of the trusteeship agreement governing the administration of the Trust Territory of ^liG Pscific Isld.rids SEC. 202. (1) The Act of June 13, 1975 (89 Stat. 212), is amended by inserting the following language before the last sentence: "The corpus, income of, or distributions from such trust, or distributions to the beneficiaries of such trust shall not be subject to any form of United States Federal, State, or local taxation.".

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 PUBLIC LAW 97-357—OCT. 19, 1982

96 STAT. 1707

(2) The corpus, income of, or distributions from the Ujelang Trust Fund numbered 2 (established by the High Commissioner of the Trust Territory of the Pacific Islands), or distributions to the beneficiaries of such trust fund shall not be subject to any form of United States Federal, State, or local taxation. SEC. 203. The Act of March 21, 1972 (86 Stat. 87), relating to the Trust Territory of the Pacific Islands is amended— (a) by amending section 5 (86 Stat. 88), to read: "The chief executives of the governments of the Marshall Islands, the Federated States of Micronesia, Palau, and the Northern Mariana Islands shall prepare, publish, and submit to the Congress and the Secretary of the Interior a comprehensive annual financial report in conformance with the standards of the National Council on Governmental Accounting within one hundred and twenty days after the close of the fiscal year. The comprehensive annual financial report shall include statistical data as set forth in the standards of the National Council on Governmental Accounting relating to the physical, economic, social, and political characteristics of the government, and any other information required by the Congress. The chief executives shall transmit the comprehensive annual financial report to the Inspector General of the Department of the Interior who shall audit it and report his findings to the Congress. The chief executives shall also make such other reports at such other times as may be required by the Congress or under applicable Federal laws. The chief executives shall submit to the Congress, the Secretary of the Interior, the High Commissioner of the Trust Territory of the Pacific Islands, and the cognizant Federal auditors a written statement of actions taken or contemplated on Federal audit recommendations within sixty days after the issuance date of the audit report. This section is not subject to termination under section 502(a)(3) of the Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America (90 Stat. 263, 268)."; (b) by deleting section 4 of the Act of June 30, 1954 (68 Stat. 330), as amended (87 Stat. 354; 91 Stat. 1162; 94 Stat. 85), in its entirety, and inserting in lieu thereof the following new section 4: "SEC. 4. (a) The following functions, powers, and duties heretofore vested in the government comptroller for Guam with respect to the government of the Trust Territory of the Pacific Islands and the government of the Northern Mariana Islands are hereby transferred to the Inspector General, Department of the Interior, for the purpose of establishing an organization which will maintain a satisfactory level of independent audit oversight of the governments of the Marshall Islands, the Federated States of Micronesia, Palau, and the Northern Mariana Islands: "(1) The authority to audit all accounts pertaining to the revenue and receipts of the governments of the Marshall Islands, the Federated States of Micronesia, Palau, and the Northern Mariana Islands, and of funds derived from bond issues, and the authority to audit, in accordance with law and administrative regulations, all expenditures of funds and property pertaining to the aforementioned governments including those pertaining to trust funds held by such governments. "(2) The authority to report to the Secretary of the Interior, the High Commissioner of the Trust Territory of the Pacific

Tax exclusions.

48 USC 1692. Reports to Congress, Secretary of Interior and others.

48 USC 1681 note. 48 USC 1681b. Functions transferred to Inspector General.

Audit.

Report.

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 96 STAT. 1708

5 USC app.

48 USC 1681 note. Transfer of funds to Inspector General.

48 USC 1681c. 48 USC 1692 note.

28 USC 2680 note.

Inventory and study. 48 USC 1681 note.

Report to involved governments and congressional committees.

PUBLIC LAW 97-357—OCT. 19, 1982

Islands, the chief executives of the governments of the Marshall Islands, the Federated States of Micronesia, Palau, and the Northern Mariana Islands all failures to collect amounts due the governments, and expenditures of funds or uses of property which are irregular or not pursuant to law. "(b) The authority granted in paragraph (a) shall extend to all activities of the governments of the Marshall Islands, the Federated States of Micronesia, Palau, and the Northern Mariana Islands, and shall be in addition to the authority conferred upon the Inspector General by the Inspector General Act of 1978 (92 Stat. 1101), as amended. This section is not subject to termination under section 502(a)(3) of the Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America (90 Stat. 263, 268). "(c) In order to carry out the provisions of this section, the personnel, assets, liabilities, contracts, property, records, and unexpended balances of appropriations, authorizations, allocations, and other funds employed, held, used, arising from, available or to be made available, of the office of the government comptroller for Guam related to its audit function, with respect to the government of the Trust Territory of the Pacific Islands and the government of the Northern Mariana Islands are hereby transferred to the Office of Inspector General, Department of the Interior.". (d) Section 201(a) of Public Law 96-205 (94 Stat. 85), is hereby repealed in its entirety. (e) Nothing in this section shall be construed as requiring the Governor of the Northern Mariana Islands to submit any statement or report to the High Commissioner of the Trust Territory of the Pacific Islands. SEC. 204. That the Northern Mariana Islands shall not be considered a foreign country for purposes of subsection (k) of section 2680 of title 28, United States Code, with respect to claims which accrued no more than two years prior to the effective date of this Act. SEC. 205. The Secretary shall conduct, upon request of the affected regional governments and through the Director of the National Park Service, a comprehensive inventory and study of the most unique and significant natural, historical, cultural and recreational resources of the Trust Territory of the Pacific Islands (specifically composed of the Mariana, Caroline and Marshall Islands). Areas or sites exhibiting such qualities shall be described and evaluated with the objective of the preservation of their values and their careful use and appreciation by the public, along with a determination of their potential for attracting tourism. Alternative methodologies for such preservation and use shall be developed for each area or site (including continued assistance from the National Park Service); current or impending damage or threats to the resources of such areas or sites shall be identified and evaluated; and authorities needed to properly protect and allow for public use and appreciation shall be identified and discussed. Such inventory and study shall be conducted in full cooperation and consultation with affected governmental officials and the interested public. The inventory and study shall also identify areas or sites which qualify to be listed on the Registry of Natural Landmarks and the National Register of Historic Places. A full report on such inventory and study shall be transmitted to the respectively involved governments, 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

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 PUBLIC LAW 97-357—OCT. 19, 1982

96 STAT. 1709

States Senate no later than two complete calendar years after the effective date of this Act. TITLE III—VIRGIN ISLANDS SEC. 301. (a) Effective October 1, 1982, there is authorized to be appropriated to the Secretary of the Interior $150,000 to be paid as a grant to the government of the Virgin Islands for use by the College of the Virgin Islands to study and plan for the creation of an institution for Caribbean educational, cultural, and technical interchange. (b) The Secretary may place such stipulations as he deems appropriate on the use of funds appropriated pursuant to subsection (a) of this section. (c) Grant funds appropriated pursuant to subsection (a) but not obligated or expended during the fiscal year in which they are appropriated shall remain available for obligation or expenditure in subsequent fiscal years. SEC. 302. Section 405 of Public Law 96-205 (94 Stat. 84, 89) is amended by adding at the end thereof the following new sentence: "The officials of the Customs and Postal Services of the United States are directed to assist the appropriate officials of the United States Virgin Islands in the collection of these taxes.". SEC. 303. There are authorized to be appropriated to the Secretary of the Interior, not to exceed $10,000,000 for grants to the government of the Virgin Islands for improvements in the generation and distribution of water and power, to remain available until expended. SEC. 304. There are authorized to be appropriated to the Secretary of the Interior $3,000,000 for grants to the government of the Virgin Islands for construction of two juvenile pretrial detention facilities, one on the island of Saint Thomas, and one on the island of Saint Croix, to remain available until expended. SEC. 305. Sections 8(d) and (e) of the Revised Organic Act of the Virgin Islands (68 Stat. 500; 48 U.S.C. 1574 (d) and (e)) are repealed. SEC. 306. Section 4(d) of the Organic Act of the Virgin Islands of June 22, 1936 (49 Stat. 1808; 48 U.S.C. 1405c(d)) is amended by substituting the word "legislature" for the words "legislative assembly" wherever they appear. SEC. 307. The following provisions of the Organic Act of the Virgin Islands of June 22, 1936, as amended, are repealed: Section 2 (49 Stat. 1807; 48 U.S.C. 1405a); section 3 (49 Stat. 1807; 48 U.S.C. 1405b); section 5 (49 Stat. 1808; 48 U.S.C. 1405d); section 6 (49 Stat. 1808; 48 U.S.C. 1405e); section 7 (49 Stat. 1808; 49 U.S.C. 1405f); section 8 (49 Stat. 1809; 49 U.S.C. 1405g); section 11 (49 Stat. 1809; 48 U.S.C. 1405J); section 12 (49 Stat. 1809; 48 U.S.C. 1405k); section 13 (49 Stat. 1810; 48 U.S.C. 14051); section 14 (49 Stat. 1810; 48 U.S.C. 1405m); section 15 (49 Stat. 1810; 48 U.S.C. 1405n); section 16 (49 Stat. 1810; 48 U.S.C. 1405o); section 17 (49 Stat. 1811; 48 U.S.C. 1405p); section 19 (49 Stat. 1811; 48 U.S.C. 1405r); section 22 (49 Stat. 1812; 48 U.S.C. 1405u); section 23 (49 Stat. 1813; 48 U.S.C. 1405v); section 24 (49 Stat. 1813; 48 U.S.C. 1405w); section 25 (49 Stat. 1813; 48 U.S.C. 1405x); section 27 (49 Stat. 1813; 48 U.S.C. 1405z); section 28 (49 Stat. 1814; 48 U.S.C. 1406); section 29 (49 Stat. 1814; 48 U.S.C. 1406a); section 30 (49 Stat. 1814; 48 U.S.C. 1406b); section 31 (49 Stat. 1814; 48 U.S.C. 1406c); section 32 (49 Stat. 1814; 48 U.S.C. 1406d); section 33 (49 Stat. 1815; 48 U.S.C. 1406e); section 34 (49 Stat. 1815; 48 U.S.C. 1406g); and section 39 (49 Stat. 1817; 48 U.S.C. 1406k).

Educational grant, effective date.

48 USC 1574 note.

Appropriation authorization.

Juvenile detention facilities. Appropriation authorization.

Repeals.

48 USC 1405f. 48 USC 1405g. 48 USC 1405Z.

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 96 STAT. 1710 Repeals.

48 USC 1541 P°*^,. Sgress Secretary of Interior and 48^^js^r '91

48 USC 1599. Transfer of functions to GeTerar

PUBLIC LAW 97-357—OCT. 19, 1982 g^c 398. The following statutes are repealed: (a) That portion of section 1 of the Naval Service Appropriations Act, 1922, of July 12, 1921 (42 Stat. 123; 48 U.S.C. 1393), which reads: "That no person owing allegiance to any country other than the United States of America shall be able to hold office as a member of the colonial councils of the Virgin Islands of the United States nor to hold any public office under the government of said islands: Provided further,". (b) Section 8 of the Act of July 3, 1930 (46 Stat. 948), as amended, by section 1 of the Act of July 1, 1932 (47 Stat. 565; 48 u s e 1399) "(c) Section 2 of the Act of July 1, 1932 (47 Stat. 565; 48 U.S.C. 1392b). (d) The Act of December 20, 1944, as amended (58 Stat. 827; 48 U.S.C. 1409 to 1409J). (e) The Act of June 30, 1949, as amended (63 Stat. 350; 48 U.S.C. 1407 to 1407i): Provided, That nothing in this subsection shall affect the pension rights of former employees of the Virgin Islands Corporation. (f) The Act of October 29, 1951 (65 Stat. 661; 48 U.S.C. 1409m through 1409o). (g) Section 4 of the Act of August 19, 1976 (90 Stat. 1195; 48 U.S.C. 1574d). SEC. 309. The Revised Organic Act of the Virgin Islands (68 Stat. 497), as amended, is further amended— (a) by amending the fourth paragraph of section 11 (68 Stat. 503), as amended (82 Stat. 837, 838), to read: ' The Governor shall prepare, publish, and submit to the Congress and the Secretary of the Interior a comprehensive annual financial report in conformance with the standards of the National Council on Governmental Accounting within one hundred and twenty days after the close of the fiscal year. The comprehensive annual financial report shall include statistical data as set forth in the standards of the National Council on Governmental Accounting relating to the physical, economic, social, and political characteristics of the government, and any other information required by the Congress. The Governor shall transmit the comprehensive annual financial report to the Inspector General of the Department of the Interior who shall audit it and report his findings to the Congress. The Governor shall also make such other reports at such other times as may be required by the Congress or under applicable Federal law. He shall also submit to the Congress, the Secretary of the Interior, and the cognizant Federal auditors a written statement of actions taken or contemplated on Federal audit recommendations within sixty days after the issuance date of the audit report. He shall have the power to issue executive orders and regulations not in conflict with any applicable law. He may recommend bills to the legislature and give expression to his views on any matter before that body."; and (b) by deleting section 17 (68 Stat. 505), as amended (72 Stat. 1094; 76 Stat. 43; 82 Stat. 840; 91 Stat. 1162), in its entirety, and inserting in lieu thereof the following new section 17: "SEC. 17. (a) The following functions, powers, and duties heretofore vested in the government comptroller for the Virgin Islands are hereby transferred to the Inspector General, Department of the Interior, for the purpose of establishing an organization which will

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34 found him out, you know, and is going to take care of him now."

"Well, I wish he was here too," said Freddie, rubbing his eyes. "We're goin' to have lots of fun fishing in the ocean."

The plan for Nellie was told to Mr. Bobbsey, who, of course, agreed it would be very nice if Aunt Emily and Uncle William were satisfied.

"And what do you suppose those boxes contain?" said Mrs. Bobbsey to Mrs. Manily, pointing to the three boxes in the hanger above them.

"Shoes?" ventured the matron.

"Nope," said Freddie. "One hat, and my duck and my cat. Downy is my duck and Snoop is my cat."

Then Nan told about the flight of the duck and the "kidnapping" of Snoop.

"We put them up there out of the way," finished Nan, "so that nothing more can happen to them."

The afternoon was wearing out now, and the strong summer sun shrunk into thin strips through the trees, while the train dashed along. As the ocean air came in the windows, the long


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 PUBLIC LAW 97-357—OCT. 19, 1982

96 STAT. 1711

maintain a satisfactory level of independent audit oversight of the government of the Virgin Islands: "(1) The authority to audit all accounts pertaining to the Audit revenue and receipts of the government of the Virgin Islands, and of funds derived from bond issues, and the authority to audit, in accordance with law and administrative regulations, all expenditures of funds and property pertaining to the government of the Virgin Islands including those pertaining to trust funds held by the government of the Virgin Islands. "(2) The authority to report to the Secretary of the Interior Report. and the Governor of the Virgin Islands all failures to collect amounts due the government, and expenditures of funds or uses of property which are irregular or not pursuant to law. "(b) The authority granted in paragraph (a) shall extend to all activities of the government of the Virgin Islands, and shall be in addition to the authority conferred upon the Inspector General by the Inspector General Act of 1978 (92 Stat. 1101), as amended. 5 USC app. "(c) In order to carry out the provisions of this section, the Transfer of funds personnel, assets, liabilities, contracts, property, records, and unex- to Inspector pended balances of appropriations, authorizations, allocations, and General. other funds employed, held, used, arising from, available or to be made available, of the office of the government comptroller for the Virgin Islands related to its audit function are hereby transferred to the Office of Inspector General, Department of the Interior.", TITLE IV—AMERICAN SAMOA SEC. 401. Effective January 1, 1983, section 5 of Public Law 95-556 (92 Stat. 2078) is amended by striking out the colon and all that follows and inserting a period in lieu thereof. SEC. 402. Section 501 of Public Law 96-205 (94 Stat. 90) is hereby deleted in its entirety, and inserted in lieu thereof is the following new section 501: "SEC. 501. (a) The Governor of American Samoa shall prepare, publish, and submit to the Congress and the Secretary of the Interior a comprehensive annual financial report in conformance with the standards of the National Council on Governmental Accounting within one hundred and twenty days after the close of the fiscal year. The comprehensive annual financial report shall include statistical data as set forth in the standards of the National Council of Governmental Accounting relating to the physical, economic, social, and political characteristics of the government, and any other information required by the Congress. The Governor shall transmit the comprehensive annual financial report to the Inspector General of the Department of the Interior who shall audit it and report his findings to the Congress. The Governor shall also make such other reports at such other times as may be required by the Congress or under applicable Federal law. He shall also submit to the Congress, the Secretary of the Interior, and the cognizant Federal auditors a written statement of actions taken or contemplated on Federal audit recommendations within sixty days after the issuance date of the audit report. "(b) The following functions, powers, and duties heretofore vested in the government comptroller for American Samoa are hereby transferred to the Inspector General, Department of the Interior, for the purpose of establishing an organization which will maintain a

Effective date. 48 USC 1735. 48 USC 1668.

Reports to Congress, Secretary of Interior and others.

Transfer of functions to Inspector General.

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Page:United States Statutes at Large Volume 96 Part 2.djvu/350

 96 STAT. 1712

Audit.

Report.

5 USC app.

33 USC 1282. Funds, availability. 33 USC 1285.

48 USC 1641 note.

PUBLIC LAW 97-357—OCT. 19, 1982

satisfactory level of independent audit oversight of the government of American Samoa: "(1) The authority to audit all accounts pertaining to the revenue and receipts of the government of American Samoa, and of funds derived from bond issues, and the authority to audit, in accordance with law and administrative regulations, all expenditures of funds and property pertaining to the government of American Samoa including those pertaining to trust funds held by the government of American Samoa. "(2) The authority to report to the Secretary of the Interior and the Governor of American Samoa all failures to collect amounts due the government, and expenditures of funds or uses or property which are irregular or not pursuant to law. "(c) The authority granted in paragraph (b) shall extend to all activities of the government of American Samoa, and shall be in addition to the authority conferred upon the Inspector General by the Inspector General Act of 1978 (92 Stat. 1101), as amended. "(d) In order to carry out the provisions of this section, the personnel, assets, liabilities, contracts, property, records, and unexpended balances of appropriations, authorizations, allocations, and other funds employed, held, used, arising from, available or to be made available, of the office of the government comptroller for American Samoa relating to its audit function are hereby transferred to the Office of Inspector General, Department of the Interior.". TITLE V—PUERTO RICO SEC. 501. Section 202 of the Federal Water Pollution Control Act (Public Law 97-117) is amended by adding at the end thereof the following new subsection: "(c) Notwithstanding any other provision of law, sums allotted to the Commonwealth of Puerto Rico under section 205 of this Act for fiscal year 1981 shall remain available for obligation for the fiscal year for which authorized and for the period of the next succeeding twenty-four months. Such sums and any unobligated funds available to Puerto Rico from allotments for fiscal years ending prior to October 1, 1981, shall be available for obligation by the Administrator of the Environmental Protection Agency only to fund the following systems: Aguadilla, Arecibo, Mayaguez, Carolina, and Camuy Hatillo. These funds may be used by the Commonwealth of Puerto Rico to fund the non-Federal share of the costs of such projects. To the extent that these funds are used to pay the non-Federal share, the Commonwealth of Puerto Rico shall repay to the Environmental Protection Agency such amounts on terms and conditions developed and approved by the Administrator in consultation with the Governor of the Commonwealth of Puerto Rico. Agreement on such terms and conditions, including the payment of interest to be determined by the Secretary of the Treasury, shall be reached prior to the use of these funds for the Commonwealth's non-Federal share. No Federal funds awarded under this provision shall be used to replace local governments funds previously expended on these projects.. TITLE VI—MISCELLANEOUS SEC. 601. Section 607 of Public Law 96-597 (94 Stat. 3477, 3483) is amended by deleting subsections (b), (c), and (d) and inserting in lieu thereof the following:

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Page:United States Statutes at Large Volume 96 Part 2.djvu/351

 PUBLIC LAW 97-357—OCT. 19, 1982 "(b) The Governors of Guam and the Virgin Islands shall, as a condition for a grant pursuant to subsection (a) of this section, submit a plan which is designed to eliminate the respective territory's general fund deficit by the beginning of fiscal year 1987 to the Secretary of the Interior. Within sixty days after he has received such a plan, the Secretary of the Interior shall transmit the plan, together with his comments and recommendations to the Congress. The plan shall provide for— "(1) implementation of an effective budgetary and accounting system; "(2) realistic revenue and expenditure projections which will progressively reduce current year general fund deficits and result in a balanced general fund budget no later than the beginning of fiscal year 1987; "(3) financing of accumulated general fund deficits; and "(4) quarterly goals and timetables for implementing the plan. The plan shall also indicate that the Governor has the necessary authority to implement the plan. "(c) Not later than thirty days after the close of each quarter which occurs after the plan has been transmitted to the Congress, the respective Governor shall submit a report to the Secretary of the Interior and the Congress describing in detail the success or failure of such territory in meeting the goals and timetables described in such plan.". Approved October 19, 1982.

LEGISLATIVE HISTORY—H.R. 5139: HOUSE REPORT No. 97-387 (Comm. on Interior and Insular Affairs). SENATE REPORT No. 97-372 (Comm. on Energy and Natural Resources). CONGRESSIONAL RECORD: Vol. 127 (1981): Dec. 11, considered and passed House. Vol. 128 (1982): May 10, considered and passed Senate, amended. Sept. 9, House concurred in Senate amendment with an amendment. Sept. 30, Senate concurred in House amendment with amendments. Oct. 1, House concurred in Senate amendments.

96 STAT. 1713 Plan, submittal to Secretary of Interior and Congress.

Report to Secretary of Interior and Congress.

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 96 STAT. 1714

PUBLIC LAW 97-358—OCT. 21, 1982 Public Law 97-358 97th Congress An Act

Oct. 21, 1982 [H.R. 6142] Surplus Agricultural Commodities Disposal Act of 1982. 7 USC 1421 note. Liquid fuel and agricultural commodity byproducts processing. 7 USC 1433b.

Liquid fuel availability.

To authorize the Commodity Credit Corporation to process its accumulated stocks of agricultural commodities into liquid fuels and agricultural commodity byproducts, and for the disposition thereof, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Surplus Agricultural Commodities Disposal Act of 1982". SEC. 2. The Agricultural Act of 1949 is amended by adding at the end thereof the following new section: "SEC. 423. (a) Notwithstanding any other provision of law, in order to prevent the accumulation of excessive stocks of agricultural commodities through the price support and stabilization operations of the Commodity Credit Corporation, the Corporation may provide, under terms and conditions established by the Secretary, for processing its accumulated stocks of agricultural commodities into liquid fuels and agricultural commodity byproducts and (1) for making such liquid fuels available by the Corporation to Federal agencies either to help meet the needs of such agencies for transportation and industrial fuels or to be stored for emergency uses, or (2) for the sale of such liquid fuels by the Corporation in commercial markets. The liquid fuels shall be made available to Federal agencies or sold at a price as determined appropriate by the Secretary, notwithstanding any price restrictions that may be contained in other provisions of law, and in a manner that does not disrupt the prices in commercial markets of liquid fuels derived from agricultural commodities. "(b) In determining the feasibility of providing for the processing of Commodity Credit Corporation stocks of commodities under subsection (a), the Secretary shall consider the nature of the commodities, and the acquisition, transportation, handling, storage, interest, and other costs associated with acquiring and maintaining such stocks, including the effect of such stocks in depressing commodity prices, as well as the value and utility of such stocks when processed into liquid fuels and agricultural commodity byproducts.

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 PUBLIC LAW 97-358—OCT. 21, 1982

96 STAT. 1715

"(c) Not later than one hundred and twenty days after the date of Report to enactment of this section, and annually thereafter, the Secretary Congress. shall report to the Congress with respect to the operation of this section, including any recommendations for legislative changes the Secretary finds necessary with respect to the authority provided in this section.". Approved October 21, 1982.

LEGISLATIVE HISTORY—H.R. 6142: HOUSE REPORT No. 97-874 (Comm. on Agriculture). CONGRESSIONAL RECORD, Vol. 128 (1982): Sept. 28, considered and passed House. Oct. 1, considered and passed Senate. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 18, No. 43 (1982): Oct. 21, Presidential statement.

97-200 O - 8 4 - p t. 2

12: QL3

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text: The New Student's Reference Work/Van Diemen's Land


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Page:United States Statutes at Large Volume 96 Part 2.djvu/354

 96 STAT. 1716

PUBLIC LAW 97-359—OCT. 22, 1982

Public Law 97- •359 97th Congress

An Act Oct. 22, 1982 [S. 1698] Immigration and Nationality Act, amendment; certain children of U.S. citizens, admission. 8 USC 1151, 1153.

To amend the Immigration and Nationality Act to provide preferential treatment in the admission of certain children of United States citizens.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 204 of the Immigration and Nationality Act (8 U.S.C. 1154) is amended by inserting at the end thereof the following new subsection: "(g)(1) Any alien claiming to be an alien described in paragraph (2)(A) of this subsection (or any person on behalf of such an alien) may file a petition with the Attorney General for classification under section 201(b), 203(a)(1), or 203(a)(4), as appropriate. After an investigation of the facts of each case the Attorney General shall, if the conditions described in paragraph (2) are met, approve the petition and forward one copy to the Secretary of State. "(2) The Attorney General may approve a petition for an alien under paragraph (1) if— "(A) he has reason to believe that the alien (i) was born in Korea, Vietnam, Laos, Kampuchea, or Thailand after 1950 and before the date of the enactment of this subsection, and (ii) was fathered by a United States citizen; "(B) he has received an acceptable guarantee of legal custody and financial responsibility described in paragraph (4); and "(C) in the case of an alien under eighteen years of age, (i) the alien's placement with a sponsor in the United States has been arranged by an appropriate public, private, or State child welfare agency licensed in the United States and actively involved in the intercountry placement of children and (ii) the alien's mother or guardian has in writing irrevocably released the alien for emigration. "(3) In considering petitions filed under paragraph (1), the Attorney General shall— "(A) consult with appropriate governmental officials and officials of private voluntary organizations in the country of the alien's birth in order to make the determinations described in subparagraphs (A) and (C)(i) of paragraph 2; and "(B) consider the physical appearance of the alien and any evidence provided by the petitioner, including birth and baptismal certificates, local civil records, photographs of, and letters or proof of financial support from, a putative father who is a citizen of the United States, and the testimony of witnesses, to the extent it is relevant or probative. "(4)(A) A guarantee of legal custody and financial responsibility for an alien described in paragraph (2) must— "(i) be signed in the presence of an immigration officer or consular officer by an individual (hereinafter in this paragraph referred to as the 'sponsor') who is twenty-one years of age or older, is of good moral character, and is a citizen of the United States or alien lawfully admitted for permanent residence, and

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 PUBLIC LAW 97-359—OCT. 22, 1982

96 STAT. 1717

"(ii) provide that the sponsor agrees (I) in the case of an alien under eighteen years of age, to assume legal custody for the alien after the alien's departure to the United States and until the alien becomes eighteen years of age, in accordance with the laws of the State where the alien and the sponsor will reside, and (R) to furnish, during the five-year period beginning on the date of the alien's acquiring the status of an alien lawfully admitted for permanent residence, or during the period be^nning on the date of the alien's acquiring the status of an alien lawfully admitted for permanent residence and ending on the date on which the alien becomes twenty-one years of age, whichever period is longer, such financial support as is necessary to maintain the family in the United States of which the alien is a member at a level equal to at least 125 per centimi of the current official poverty line (as established by the Director of the Office of Management and Budget, under section 673(2) of the Omnibus Budget Reconciliation Act of 1981 and as revised by the Secretary of Health and Human Services under section 652 of such Act) for a family of the same size as the size of the alien's family. "(B) A guarantee of legal custody and financial responsibility described in subparagraph (A) may be enforced with respect to an alien against his sponsor in a civil suit brought by the Attorney General in the United States district court for the district in which the sponsor resides, except that a sponsor or his estate shall not be liable under such a guarantee if the sponsor dies or is adjudicated a bankrupt under title 11, United States Code.". Approved October 22, 1982.

LEGISLATIVE HISTORY—S. 1698: CONGRESSIONAL RECORD, Vol. 128 (1982): Sept. 28, considered and passed Senate. Oct. 1, considered and passed House, amended; Senate concurred in House amendments. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 18, No. 42 (1982): Oct. 22, Presidential statement.

95 Stat. 5ii. ^2 USC 9902. 95 Stat. 506. 42 USC 9847.

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 96 STAT. 1718

PUBLIC LAW 97-360—OCT. 22, 1982

Public Law 97-360 97th Congress An Act Oct. 22, 1982 [H.R. 4828] Certain surplus vessels for health services to developing countries.

Vessel return to U.S.

To set aside certain surplus vessels for use in the provision of health and other humanitarian services to developing countries.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Congress finds that it is in the national interest to make suitable surplus Government vessels available for use by private nonprofit organizations in providing health education, training, care, and technical assistance as well as other humanitarian services to the peoples of developing countries. SEC. 2. Within ninety days after the enactment of this Act, the Secretary of Transportation shall designate the vessels listed in section 6 as humanitarian service candidates. SEC. 3. Except as provided in section 4, the vessels listed in section 6 may not be removed from the National Defense Reserve Fleet. SEC. 4. The vessels listed in section 6 may be removed from the National Defense Reserve Fleet for either of the following reasons: (a) When the Secretary determines that one or more of the vessels are required for national security purposes, or (b) Upon the application of LIFE International, a nonprofit corporation organized under the laws of the District of Columbia, the Secretary may transfer one or more of the vessels to LIFE International upon such terms and conditions as he may prescribe. SEC. 5. During such time as any one of the vessels is in the possession of LIFE International, it shall be operated as an eleemosynary vessel primarily engaged in providing health education, training, care, technical assistance, and other humanitarian services to the peoples of developing countries. No such vessel may be used for commercial transportation purposes. In the event that LIFE International no longer requires a vessel for the purposes of this Act, that vessel shall be conveyed back to the United States in as good condition as when received, ordinary wear and tear excepted, to the point of original delivery without cost to the United States.

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 PUBLIC LAW 97-360—OCT. 22, 1982

96 STAT. 1719

SEC. 6. This Act shall apply to the followirxg vessels currently held in the National Defense Reserve Fleet: United States Ship General Nelson M. Walker P2-SE2-R1 United States Ship Donner LSD-20 United States Ship Colonial LSD-18 SEC. 7. This Act shall expire by its terms five calendar years after the date of enactment. Approved October 22, 1982.

LEGISLATIVE HISTORY—H.R. 4828: HOUSE REPORT No. 97-734 (Comm. on Merchant Marine and Fisheries). CONGRESSIONAL RECORD, Vol. 128 (1982): Aug. 17, considered and passed House. Oct. 1, considered and passed Senate.

Expiration.

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Page:United States Statutes at Large Volume 96 Part 2.djvu/358

 96 STAT. 1720

PUBLIC LAW 97-361—OCT. 22, 1982 Public Law 97-361 97th Congress An Act

Oct 22 1982 ' [H.R. 3787]

"^^ amend sections 10 and 11 of the Act of October 21, 1970 (Public Law 91-479; 16 U.S.C. 460x), entitled "An Act to establish in the State of Michigan the Sleeping Bear Dunes National Lakeshore, and for other purposes".

Be it enacted by the Senate and House of Representatives of the Sleeping Bear United States of America in Congress assembled, That section 10 of LakesW*'^^ the Act entitled "An Act to estabhsh in the State of Michigan the ivTich^ °^^' Sleeping Bear Dunes National Lakeshore, and for other purposes", 16 USC 460X-9. approved October 21, 1970 (16 U.S.C. 460x-xl4), is amended by striking out subsection 0^) and inserting in lieu thereof the following new subsections: "O^) Any person who is— "(1) an owner of improved property described in section 11(a)(2) which is situated within the area designated for inclusion in the lakeshore on the date of its acquisition by the Secretary; or "(2) an occupier of improved property described in section Post, p. 1721. 11(a)(2) which is situated within the area designated for inclusion in the lakeshore on the date of its acquisition by the Secretary, in situations where the fee ownership of such improved property has been heretofore acquired by the United States (whether by donation, purchase, condemnation, exchange or otherwise); may retain, for a term not to exceed twenty-five years from January 1, 1973, or for a term ending on the death of such owner or occupier, the right of use or occupancy of such property for any residential purpose which is not incompatible with the purposes of this Act or which does not impair the usefulness and attractiveness of the area designated for inclusion. Such owner or occupier must notify the Secretary of any intention to exercise such option within 60 days Post, p. 1721. after receipt of the notice referred to in section 11(c)(3). In situations where the United States has not heretofore acquired fee title to the improved property, the Secretary shall pay to the owner the value of the property on the date of such acquisition, less the value on such date of the right retained by the owner. In situations where the United States has heretofore acquired fee title to the improved property, the occupier may notify the Secretary that such occupier elects to retain continued use and occupancy of such property pursuant to this section, in which event the occupier shall pay to the Secretary the value of the additional right retained, which value shall be based upon the value of the property at the time of its acquisition by the Secretary. (c) Any deed or other instrument used to transfer title to property, with respect to which a right of use and occupancy is retained under this section, and any instrument evidencing any right of use and occupancy retained by any occupier under this section, shall provide that such property shall not be used for any purpose which is incompatible with purposes of this Act, or which impairs the usefulness and attractiveness of such area, and if it should be so

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Rh line of woodland melted into pretty little streams, that make their way in patches for many miles from the ocean front. "Like 'Baby Waters,'" Nan said, "just growing out from the ocean, and getting a little bit bigger every year."

"Won't we soon be there?" asked Freddie, for long journeys are always tiresome, especially to a little boy accustomed to many changes in the day's play.

"One hour more," said Mr. Bobbsey, consulting his watch.

"Let's have a game of ball, Nan?" suggested Bert, who never traveled without a tennis ball in his pocket.

"How could we?" the sister inquired.

"Easily," said Bert. "We'll make up a new kind of game. We will start in the middle of the car, at the two center seats, and each move a seat away at every catch. Then, whoever misses first must go back to center again, and the one that gets to the end first, wins."

"All right," agreed Nan, who always enjoyed her twin brother's games. "We will call it Railroad Tennis."


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Page:United States Statutes at Large Volume 96 Part 2.djvu/359

 PUBLIC LAW 97-361—OCT. 22, 1982

96 STAT. 1721

used, that the Secretary many terminate such right. In the event the Secretary exercises his power of termination under this subsection he shall pay to the owner of the right terminated an amount equal to the value of that portion of such right which remained unexpired on the date of such termination. "(d)(1) Any owner or occupier of improved property who retains a right of use and occupancy under subsection (b) may convey or lease such right during its existence to a member of such owner or occupier's immediate family for noncommercial residential purposes which are not incompatible with the purposes of this Act and which do not impair the usefulness and attractiveness of the area designated for inclusion. "(2) Any owner or occupier of improved property who has retained a right of use and occupancy under subsection (b) may terminate such right at any time, and the Secretary shall pay, within 120 days after the date of such termination, to the owner of the right terminated an amount equal to the value of that portion of such right which remained unexpired on the date of such termination. "(3) As used in this Act, the term 'member of the immediate family' means spouse, brother, sister, or child, including persons bearing such relationships through adoption, and step-child.". SEC. 2. Section 11 of the Act amended by the first section of this Act is amended to read as follows: "SEC. 11. (a) As used in this Act, the term 'improved property' means a detached, one-family dwelling, construction of which— "(1) was begun before December 31, 1964, or "(2) for the purposes of section 10(b) or 10(d), was begun on or after December 31, 1964, and before October 21, 1970, and has been openly and continuously used, at least during the summer months of each year when similar dwellings in the area are used, as a residential dwelling since such construction was completed, and with respect to the portion of such period after any acquisition of such property by the United States, by the owner, or a member of the immediate family of the owner, of such dwelling on the date of such acquisition, together with so much of the land on which the dwelling is situated, such land being in the same ownership as the dwelling, as the Secretary shall designate to be reasonably necessary for the enjoyment of the dwelling for the sole purpose of noncommercial residential use, together with any structures accessory to the dwelling which are situated on the lands so designated. The amount of land so designated shall in every case be at least three acres in area, or all of such lesser acreage as may be held in the same ownership as the dwelling, and in making such designation the Secretary shall take into account the manner of noncommercial residential use in which the dwelling and land have customarily been enjoyed. "(b) The Secretary may exclude from the land designated under subsection (a) any beach or waters on Lake Michigan, together with so much of the land adjoining any such beach or waters as the Secretary may deem necessary for public access thereto. If the Secretary makes such exclusion, an appropriate buffer zone shall be provided between any residence and the public access or beach. "(c)(1) The Secretary may exclude from the category of 'improved property' under this Act any property described in subsection (a)(2) which the Secretary determines is in an area required for public use or development in the immediate future. In making any such determination the Secretary shall take into account the proximity of such

Right of use and occupancy.

Termination.

"Member of the immediate family."

"Improved property." 16 USC 460X-10. Ante, p. 1720.

Beach or watesrs, exclusion.

Improved property, exclusion.

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Page:United States Statutes at Large Volume 96 Part 2.djvu/360

 96 STAT. 1722

Right of use and occupancy, termination.

16 USC 460X-11.

Land exchange.

PUBLIC LAW 97-361—OCT. 22, 1982

property to any other improved property, the development or public use of the lakeshore and the related timetable therefor, and the anticipated availability in the immediate future of funds related to such development or public use. "(2)(A) With respect to any improved property, as defined in subsection (a)(2), with respect to which the occupier has retained a right of use and occupancy under section 10(b), the Secretary may terminate such right 90 days after notifying in writing the occupier, if the Secretary determines that such improved property is needed for public use or development under this Act. In making any such determination the Secretary shall take into account the proximity of such property to any other improved property, the development or public use requirements of the lakeshore and related timetable therefor, and the current availability of funds for the proposed public use or development. "(B) The Secretary shall pay to the owner of the right terminated an amount equal to the value of that portion of such right which remained unexpired on the date of such termination. "(3)(A) The Secretary must, within 60 days after the date of enactment of this subsection, notify in writing any owner or occupier of property described in subsection (a)(2) that an option to retain rights with respect to such property exists under section 10(b), whether such property shall be subject to any action by the Secretary under paragraph (1) of this subsection, the nature of such proposed action, the reasons for such proposed action, and the contemplated timetable therefor. "(B) With respect to any proposed action to be taken under paragraph (2) of this subsection, if the Secretary determines within 60 days after the date of enactment of this subsection, after taking into account timetable and funding projections, that, consistent with the General Management Plan dated October 1979, public use or development is anticipated before 1998 for an area conteiining any improved property described in subsection (a)(2), the Secretary shall include notice of such determination in any notification under subparagraph (A) of this paragraph. Any failure of the Secretary to so notify an occupier pursuant to this subparagraph shall not preclude the Secretary from taking action under paragraph (2) at some future date.". SEC. 3. Section 12 of the Act amended by the first two sections of this Act is amended— (1) by inserting "(a)" immediately before "In order to facilitate"; (2) by inserting "Benzie County and within" after "within" in the first sentence thereof; and (3) by adding the following at the end thereof: "(b) Except as provided in subsection (c), any lands in Leelanau County acquired by the Secretary under this section before the date of enactment of this subsection which are within the parkway zone depicted on the map specified in section 2(a) but which are not within, or contiguous to, the lakeshore zone as depicted on such map may be exchanged by the Secretary for other lands of approximately equal value in the lakeshore. If the Secretary is unable to effect such an exchange, such lands may be offered for sale to the person who owned such lands immediately before their acquisition by the Secretary. If such previous owner declines such offer, the Secretary may sell such lands to any buyer. Proceeds from any sale under this

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 PUBLIC LAW 97-361—OCT. 22, 1982

96 STAT. 1723

subsection shall be credited to the account established under section 17 of this Act. "(c) The Secretary is authorized to obtain and administer, according to the provisions of this section, as a part of the lakeshore as Resource Preservation Areas certain interests in the following lands: "(1) Approximately 600 acres designated as 'Miller Hill' on the map numbered 634-91,001, dated September 1982. "(2) Approximately 975 acres as designated as 'Bow Lakes' on the map numbered 634-91-002, dated September 1982. "(d)(1) The Secretary may obtain fee title under subsection (e) to lands described in subsection (c)(1), or easements or other restrictive agreements for the preservation of scenic values in such lands. "(2) The Secretary may obtain fee title under subsection (e) to lands described in subsection (c)(2), or public access easements or other restrictive agreements consistent with use of such lands for educational purposes and for research and interpretation of natural features. "(e)(1) Except as provided under paragraph (4), the Secretary may obtain fee title or other lesser interests to lands described in subsection (c) only— "(A) by gift, donation, or bequest; "(B) by purchase from a willing seller under paragraph (2); or "(C) as an exercise of a right of first refusal under paragraph (3). "(2) The Secretary may negotiate with willing sellers for the transfer of fee title to other lesser interests to lands described in subsection (c). If the Secretary and such willing seller are unable to agree to a fair purchase price, that question may, by mutual consent be submitted to the appropriate United States District Court for adjudication. (3) If the owner of any lands described in subsection (c) intends to transfer any interest in such lands except by gift, donation, or bequest, such owner must notify the Secretary of such intention. The Secretary shall have 90 days after notification in which to exercise a right of first refusal to match any bona fide offer to obtain such interest under the same terms and conditions as are contained in such offer. If the Secretary has not exercised such right within 90 days, the owner may transfer such interest. (4) Condemnation may be used with respect to any lands described in subsection (c) only— "(A) to clear title if necessary for any transfer to the Secretary under this subsection; or '(B) to purchase fee title or such lesser interest as may be sufficient to prevent significant damage to the scenic, soil, or water resources of the lakeshore. Action under this subparagraph shall be used only after attempts to negotiate a solution to the problem have failed. If the Secretary determines that such attempts have failed, the Secretary shall notify in writing the owner of the property involved of the proposed action to be taken under this subparagraph and the Secretary shall seek an injunction to prevent such resource damage. The Secretary may at any time, and if an injunction is granted under this subparagraph the Secretary shall within 30 days after the date of such injunction, send in writing to the owner of the property the Secretary's best and final offer for the purchase of such property. If the owner does not accept such offer, the Secretary may file for condemnation. The Secretary must notify the Committee

Administration.

Miller Hill. Bow Lakes.

Condemnation.

Notification to congressional committees.

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