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Page:United States Statutes at Large Volume 92 Part 1.djvu/1348

 92 STAT. 1294

PUBLIC LAW 95-465—OCT. 17, 1978 CONSTKUCTION AND OPERATION OF RECREATION FACILITIES

For construction, operation, and maintenance of outdoor recreation facilities, including collection of special recreation use fees, to remain available until expended, $3,459,000, to be derived from the special receipt accounts established by section 4(f) of the Land and Water Conservation Fund Act (16 it.S.C. 460l-6a(f)), as amended. RIGHTS-OF-WAY

43 USC 1764.

For administrative and other costs incurred in processing application documents for rights-of-way and in inspection and monitoring of construction, operation, and termination of the facility pursuant to such rights-of-way, such amounts as may be collected under section i")04(g) of the Act approved October 21, 1976, Public Law 94-,579, to remain available until expended. ADMINISTRATIVE PROVISIONS, FOREST SERVICE

Limitation. .r!

! i

Appropriations to the Forest Service for the current fiscal year shall be available for: (a) purchase of not to exceed 241 passenger motor vehicles of which 7 will be used primarily for law enforcement purposes and of which 215 shall be for replacement only, acquisition of 60 passenger motor vehicles from excess sources, and hire of such vehicles; operation and maintenance of aircraft, the purchase of not to exceed 4 for replacement only, and acquisition of 53 aircraft from excess sources; (b) employment pursuant to the second sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $100,000 for employment under 5 U.S.C. 3109; (c) uniforms, or allowiances therefor, as authorized by law (5 TLS.C. 5901-5902); (d) purchase, erection, and alteration of buildings and other public improvements (7 U.S.C. 2250); (e) acquisition of land and interests therein for sites for administrative purposes and not to exceed $75,000 for research purposes, pursuant to the Act of August 3, 1956 (7 U.S.C. 428a); (f) expenses incident to acquisition by donation or exchange of land, waters, or interests in land or waters, pursuant to the Act of August 3, 1956 (7 U.S.C. 428a): Provided, That such appropriation shall not be available for expenses incident to donations and exchanges which can be made pursuant to authorities other than the Act of August 3, 1956 (7 U.S.C. 428a); and (g) for expenses pursuant to the Volunteers in the National Forest Act of 1972 (16 U.S.C. 558a, 558d, 558a note). Funds appropriated under this title shall not be used for acquisition of forest lands under the provisions of the Act approved March 1, 1911, as amended (16 U.S.C. 513-519, 521), where such land is not within the boundaries of an established national forest or purchase unit. None of the funds made available under this Act shall be obligated or expended to change the boundaries of any region, to abolish any region, to move or close any regional office for research. State and private forestry, and National Forest System administration of the Forest Service, Department of Agriculture, without the consent of the House and Senate Committees on Appropriations and the Committee on Agriculture, Nutrition, and Forestry in the U.S. Senate and the Committee on Agriculture in the U.S. House of Representatives.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/1349

 PUBLIC LAW 95-465—OCT. 17, 1978

92 STAT. 1295

DEPARTMENT OF ENERGY FOSSIL ENERGY RESEARCH AND DEVELOPMENT

For necessary expenses in carrying out fossil energy research and development activities, $576,888,000, to remain available until expended: Provided, That no part of the sum herein appropriated shall be used for the field testing of nuclear explosives in the recovery of oil and gas. FOSSIL ENERGY CONSTRUCTION

For necessary expenses in connection with the purchase and construction of fossil energy plants, including the acquisition or condemnation of any real property or any facility or for plant or facility acquisition or expansion; $99,709,000, to remain available until expended. ENERGY, PRODUCTION, DEMONSTRATION, AND DISTRIBUTION

For necessary expenses in carrying out energy production, demonstration, and distribution activities, $169,181,000, of which $151,862,000 shall remain available until expended: Provided, That not to exceed $5,000,000 shall be available for financial assistance as provided by section 20 of the Federal Non-Nuclear Research and Development Act of 1974 for feasibility and design studies for municipally owned and/or 42 USC 5920. operated waste reprocessing demonstration facilities. ENERGY CONSERVATION

For necessary expenses in carrying out energy conservation activities, $707,101,000, to remain available until expended: Provided, That of the total amount of this appropriation, not to exceed $1,750,000 shall be available for a reserve to cover any defaults from loan guarantees issued for electric or hybrid vehicle research, development, and production as authorized by section 10 of the Electric and Hybrid Vehicle Research, Development, and Demonstration Act of 1976 (15 U.S.C. 2509): Provided further, That the indebtedness guaranteed or committed to be guaranteed under said law shall not exceed the aggregate of $8,750,000: Provided further. That $100,100,000 for assistance to schools and hospitals and $7,300,000 for energy conservation in local government buildings shall be available only upon enactment of suitable authorizing legislation: Provided further, That $20,000,000 for energy impact assistance shall be available only upon enactment of H.R. 5146 or similar legislation. Post, p. 3289. ECONOMIC REGULATORY ADMINISTRATION

For necessary expenses in carrying out the activities of the Economic Regulatory Administration, $94,733,000: Provided, That none of the funds herein appropriated shall be available to pay the expenses of parties intervening in regulatory proceedings before the Economic Regulatory Administration. STRATEGIC PETROLEUM RESERVE

For expenses necessary to carry out the provisions of sections 157 through 166 of the Energy Policy and Conservation Act of 1975 (Public Law 94-163), $3,006,854,000, and shall remain available until 42 USC December 31, 1980. 6237-6246.

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text:
Page:United States Statutes at Large Volume 92 Part 1.djvu/1350

 92 STAT. 1296

PUBLIC LAW 95-465—OCT. 17, 1978 ENERGY INFORMATION ADMINISTRATION

For necessary expenses in carrying out the activities of the Energy Information Administration, $59,286,000. ADMINISTRATIVE PROVISIONS, DEPARTMENT OF ENERGY

Appropriation to the Department of Energy under this Act for the current fiscal year shall be available for hire of passenger motor vehicles; hire, maintenance, and operation of aircraft; purchase, repair, and cleaning of uniforms; and reimbursement to the General Services Administration for security guard services. From this appropriation, transfers of sums may be made to other agencies of the government for the performance of work for which this appropriation is made. None of the funds made available to the Department of Energy under this Act shall be used to implement or finance authorized price support or loan guarantee programs unless specific provision is made for such programs in this or future appropriations acts. The Secretary is authorized to accept lands, buildings, equipment and other contributions from public and private sources and to prosecute projects in cooperation with other agencies. Federal, State, or p r i v a t e: Provided, That revenues received from the sale of any products produced in facilities operated as part of Department of Energy programs appropriated under this Act shall be covered into the Treasury as miscellaneous receipts. DEPARTMENT j

OF H E A L T H,

H E A L T H SERVICES

EDUCATION,

AND

WELFARE

ADMINISTRATION

I N D I A N H E A L T H SERVICES

For expenses necessary to carry out the Act of August 5, 1954 (68 42 USC 2001. Stat. 674), the Indian Self-Determination Act, the Indian Health Care 25 USC 450 note, Improvement Act, and titles III and V and section 757 of the Public ^^}\^c%&A Health Service Act, including hire of passenger motor vehicles and 210 2Q4-1 aircraft; purchase of r e p r i n t s; payments for telephone service in ^ private residences in the field, when authorized under regulations approved by the Secretary, $483,829,000: Provided, That funds made available to tribes and tribal organizations through contracts authorized by the Indian Self-Determination and Education Assistance Act of 1975 (88 Stat. 2203; 25 U.S.C. 450) shall remain available until September 30, 1980. INDIAN H E A L T H FACILITIES

90 Stat. 1408.

For construction, major repair, improvement, and equipment of health and related auxiliary facilities, including quarters for personnel; preparation of plans, specifications, and d r a w i n g s; acquisition of sites; purchase and erection of portable buildings; purchase of trailers; and provision of domestic and community sanitation facilities for Indians, as authorized by section 7 of the Act of August 5, 1954 (42 U.S.C. 2004a), the Indian Self-Determination Act and the Indian Health Care Improvement Act, $76,960,000, to remain available until expended: Provided, That not to exceed $20,000,000 of the amounts collected by the Secretary of Health, Education, and Welfare under the authority of title IV of the Indian Health Care Improvement Act shall be available until September 30, 1980 for the purpose of achiev-

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Page:United States Statutes at Large Volume 92 Part 1.djvu/1351

 PUBLIC LAW 95-465—OCT. 17, 1978

92 STAT. 1297

ing compliance with the applicable conditions and requirements of titles X VIII and X IX of the Social Security Act (exclusive of planning, design, construction, or major renovation of Indian Health Service facilities).

42 USC 1395, 1^^°-

ADMINISTRATIVE PROVISIONS, H E A L T H SERVICES ADMINISTRATION

Appropriations in this Act to the Health Services Administration, available for salaries and expenses, shall be available for services as authorized by 5 U.S.C. 3109 but at rates not to exceed the per diem equivalent to the rate for GS-18, for uniforms or allowances therefor 3 CFR 1978 as authorized by law (5 U.S.C. 5901-5902), and for expenses of attend- Comp., p. 236. ance at meetings which are concerned with the functions or activities ^ USC 5332 note, for which the appropriation is made or which will contribute to improved conduct, supervision, or management of those functions or activities. ^

OFFICE or

EDUCATION

INDIAN E D U C A T I O N

For carrying out, to the extent not otherwise provided, part A ($48,000,000), part B ($15,500,000), and part C ($5,930,000) of the Indian Education Act, and the General Education Provisions Act, 20 USC 241aa
 * '^l'^»»-»"»-

lolsC

1221.

OFFICE OF THE ASSISTANT SECRETARY FOR EDUCATION INSTITUTE OF MUSEUM

SERVICES

For carrying out title II of the A r t s, Humanities, and Cultural Affairs Act of 1976, $7,852,000: Provided, That none of these funds 20 USC 961 note, shall be available for the compensation of Executive Level V or higher positions: Provided further, That none of the funds appropriated to the Institute of Museum Services may be used to process any grant or contract documents which do not include the text of 18 U.S.C. 1913. NAVAJO AND H O P II N D I A N RELOCATION

COMMISSION

SALARIES AND EXPENSES

For necessary expenses of the Navajo and H o p i Indian Relocation Commission as authorized by Public Law 93-531, $8,752,000, of which $250,000 shall be available until expended for payments pursuant to section 14(b) of that Act, $7,512,000 shall be available until expended for payments pursuant to section 15, and $990,000 shall be available for operating expenses of the Commission: Provided, That not to exceed $91,300 herein made available for operating expenses of the Commission shall be for expenses of the Commissioners. SMITHSONIAN

INSTITUTION

SALARIES A N D EXPENSES

For necessary expenses of the Smithsonian Institution, including research in the fields of art, science, and history; development, preservation, and documentation of the National Collections; presentation of public exhibits and performances; collection, preparation, dissemination, and exchange of information and publications; conduct of education, training, and museum assistance program s; maintenance,

25 USC 640d. 25 USC 640<i-13. ^^^^^^^ 640d-14.

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text:
Page:United States Statutes at Large Volume 92 Part 1.djvu/1352

 92 STAT. 1298

PUBLIC LAW 95-465—OCT. 17, 1978 alteration, operation, and protection of buildings, facilities, and approaches; not to exceed $100,000 for services as authorized by 5 U.S.C. 3109; up to 3 passenger replacement vehicles; purchase, rental, repair, and cleaning of uniforms for employees; $96,302,000: Provided, That funds appropriated herein are available for advance payments to independent contractors performing research services or participating in official Smithsonian presentations: Provided further, That not to exceed $390,000 may be used to make grant awards to employees of the Smithsonian Institution: Provided further, That none of these funds shall be available to the Smithsonian Research Foundation. M U S E U M PROGRAMS' AND RELATED R E S E A R d I (SPECIAL FOREIGISr CURRENCY PROGRAM)

For payments in foreign currencies which the Treasury Department shall determine to be excess to the normal requirements of the United States, for necessary expenses for carrying out museum programs, scientific and cultural research, and related educational activities, as authorized by law, $3,700,000, to remain available until expended and to be available only to United States institutions: Provided, That this appropriation shall be available, in addition to other appropriations to the Smithsonian Institution, for payments in the foregoing currencies: Provided further, That none of these funds shall be available to the Smithsonian Research Foundation: Provided further, That not to exceed $500,000 may be used to make grant awards to employees of the Smithsonian Institution. SCIENCE INFORMATION EXCHANGE

..••,

For necessary expenses of the Science Information $2,000,000.

Exchange,

CONSTRUCTION AND IMPROVEMENTS, NATIONAL ZOOLOGICAL PARK

For necessary expenses of planning, construction, remodeling, and equipping of buildings and facilities at the National Zoological Park, by contract or otherwise, $3,900,000, to remain available until expended. RESTORATION AND RENOVATION OF BUILDINGS

20 USC 53a.

For necessary expenses of restoration and renovation of buildings owned or occupied by the Smithsonian Institution, by contract or otherwise as authorized by section 2 of the Act of August 22, 1949 (63 Stat. 623), including not to exceed $10,000 for services as authorized by 5 U.S.C. 3109, $2,100,000, to remain available until expended. CONSTRUCTION

For necessary expenses to plan museum support facilities, including not to exceed $50,000 for services as authorized by 5 U.S.C. 3109, $575,000, to remain available until expended. SALARIES AND EXPENSES, NATIONAL GALLERY OF ACT

20 USC 71.

For the upkeep and operations of the National Gallery of Art, the protection and care of the works of art therein, and administrative expenses incident thereto, as authorized by the Act of March 24, 1937 (50 Stat. 51), as amended by the public resolution of April 13, 1939

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Page:United States Statutes at Large Volume 92 Part 1.djvu/1353

 PUBLIC LAW 95-465—OCT. 17, 1978 (Pul)lic Hesohition 1>. Soventy-sixth Congress), including services as authorized In- 5 T'.S.C. 8109; payment in advance when authorized by the treasurer of the Gallery for ineml)ership in library, museuni, and art associations or societies whose publications or services are available to uieuibers only, or to nienibers at a price lower than to the general public: purchase, repair, and cleaning of uniforms for guards and elevatoi- opeiators. and uniforms, or allowances therefor, for other employees as authorized by law (.5 T'.S.C. 5901-5902): purchase, or leutal of devices and services for protecting buildings and contents thereof, and maintenance, alteration, improvement, and repair of buildings, approaches, and grounds: and not to exceed $70,000 for restoration and repair of works of art for the National Gallery of Alt by contracts made, without advertising, with individuals, firms, or organizations at such rates or prices and under such terms and conditions as the (rallery may deem proper. $19,041,000. ^

92 STAT. 1299

J

SALARIES AND EXPKXSKS, WOODROW WILSOX INTERNATIONAL CKXIT.R FOR SCHOLARS

For expenses necessary in carrying out the provisions of the Woodrow Wilson Memorial Act of 1968 (82 Stat. 1356). including hire of 20 USC 80e note. passenger vehicles and services as authorized by 5 U.S.C. 3109, $1,567,000. N A T I O N A L P ^ O r X D A T I O N OX THE A R T S A N D TILE H I ' M A N I T I E S NATIOXAL

P^XDOWMEXT FOR THE ARTS

SALARIES AXD EXPEXSES

F'oi' necessarv expenses to carrv out the National Foundation on the Ai-ts and the Hmnanities Act of 1965. as amended. $111,935,000, of 20 USC 951 note, which S102.160.000 shall be available to the National Endowment for the Arts foi- the support of projects and productions in the arts through assistance to groups and individuals pursuant to section 5(c) of the Act. of which not less than 20 per centum of the funds provicled 20 USC 954. for section 5(c) shall be available for assistance pursuant to section 5(g) of the Act. and $9,775,000 shall be available for administering the f mictions of the Act. MATCH IXG GRAXTS

To c any out the provisions of section 1 0 (a)(2) of the National Foundation on the A i t s and the Humanities Act of 1965, as amended. 20 USC 959. $37,500,000. to remain available until September 30, 1980, to the National Endowment for the A r t s of which $30,000,000 shall be availabh' for purposes of section 5(1): Prov'idefL That this appropriation shall be available for obligation only in such amounts as may be equal to the total amounts of gifts, bequests, and devises of money, and other property accepted by the Chairman under the provisions of section 10(a)(2) during the current and preceding fiscal years and the transition period, for which equal amounts have not previously been appropriated.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/1354

 92 STAT. 1300

PUBLIC LAW 95-465—OCT. 17, 1978 V

NATIONAL ENDOWMENT FOR THE H U M A N I T I E S SALARIES AND EXPENSES

For necessary expenses to carry out the National Foundation on the 20 USC 951 note. Arts and the Humanities Act of 1965, as amended, $108,546,000, of which $98,300,000 shall be available to the National Endowment for the Humanities for support of activities in the humanities pursuant to 20 USC 956. section 7(c) of the Act, of which not less than 20 per centum shall be available for assistance pursuant to section 7(f) of the Act, and $10,246,000 shall be available for administering the functions of the Act. MATCHING GRANTS

20 USC 959.

To carry out the provisions of section 10(a)(2) of the National Foundation on the Arts and the Humanities Act of 1965, as amended, $36,500,000, to remain available until September 30, 1980, of which $27,000,000 shall be available to the National Endowment for the Humanities for the purposes of section 7(h): Provided, That this appropriation shall be available for obligation only in such amounts as may be equal to the total amount of gifts, bequests, and devises of money, and other property accepted by the Chairman under the provisions of section 10(a)(2) during the current and preceding fiscal years and the transition period, for which equal amounts have not previously been appropriated. ADMINISTRATIVE PROVISION

None of the funds appropriated to the National Foundation on the Arts and the Humanities may be used to process any grant or contract documents which do not include the text of 18 U.S.C. 1913. COMMISSION OF F I N E ARTS SALARIES AND EXPENSES

-,., J.

For expenses made necessary by the Act establishing a Commission of Fine Arts (40 U.S.C. 104), $263,000. ADVISORY COUNCIL ON HISTORIC

PRESERVATION

SALARIES AND EXPENSES

16 USC 470i.

For expenses made necessary by the Act establishing an Advisory Council on Historic Preservation, Public Law 94^422, $1,178,000: Provided., That none of these funds shall be available for the compensation of Executive level V or higher positions. "^

NATIONAL CAPITAL PLANNING COMMISSION SALARIES AND EXPENSES

For necessary expenses, as authorized by the National Capital Planning Act of 1952 (40 U.S.C. 71-7li), including services as authorized by 5 U.S.C. 3109; and uniforms or allowances therefor, as authorized by law (5 U.S.C. 5901-5902), $1,963,000.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/1355

 PUBLIC LAW 95-465—OCT. 17, 1978 F R A N K L I N DELANO KOOSEVELT MEMORIAL

92 STAT. 1301

COMMISSION

SALARIES AND EXPENSES

For necessary expenses of the F r a n k l i n Delano Roosevelt Memorial Commission, established by the Act of August 11, 1955 (69 Stat. 694), as amended by Public Law 92-332 (86 Stat. 401), $20,000, to remain available for obligation until September 30, 1980. JOINT FEDERAL-STATE L A N D U S E P L A N N I N G COMMISSION FOR ALASKA '

SALARIES AND EXPENSES

For necessary expenses of the Joint Federal-State L and Use Planning Commission for Alaska, established by the Act of December 18, 1971 (Public Law 92-203), as amended, $594,000: Provided, That this 43 USC 1601 appropriation shall not be available to pay more than one-half of the note. expenses of the Commission. PENNSYLVANIA

A V E N U E DEVELOPMENT

CORPORATION

SALARIES AND EXPENSES

For necessary expenses, as authorized by section 17(a) of Public Law 92-578, as amended, $1,630,000 for operating and administrative 40 USC 885. expenses of the Corporation. LAND ACQUISITION AND DEVELOPMENT FUND

The Pennsylvania Avenue Development Corporation is authorized to borrow from the Treasury of the United States $13,400,000, pursuant to the terms and conditions specified in paragraph 10, section 6, of Public Law 92-578. 40 USC 875. PUBLIC DEVELOPMENT

For public development activities and projects in accordance with the development plan as authorized by section 17(b) of Public Law 92-578, as amended, $12,355,000, to remain available for obligation 40 USC 885. until September 30, 1990. TITLE III—GENERAL PROVISIONS SEC. 301. No part of any appropriation under this Act shall be available to the Secretaries of the Interior and Agriculture for use for any sale hereafter made of unprocessed timber from Federal lands west of the 100th meridian in the contiguous 48 States which will be exported from the United States, or which will be used as a substitute for timber from private lands which is exported by the purchaser: Provided, That this limitation shall not apply to specific quantities of grades and species of timber which said Secretaries determine are surplus to domestic lumber and plywood manufacturing needs. SEC. 302. No part of any appropriation under this Act shall be available to the Secretary of the Interior or the Secretary of Agriculture for the leasing of oil and natural gas by noncompetitive bidding on publicly owned lands within the boundaries of the Shawnee National Forest, Illinois: Provided, That nothing herein is intended to inhibit or otherwise affect the sale, lease, or r i g h t to access to minerals owned by private individuals.

Unprocessed timber, sale restrictions.

Oil and natural gas leasing, limitation.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/1356

 92 STAT. 1302

PUBLIC LAW 95-465—OCT. 17, 1978

SEC. 303. No part of any appropriation under this Act shall be made available to the Secretary of the Interior for the leasing of oil and n a t u r a l gas on publicly owned lands within the boundaries of the F l a the a d National Forest, Montana, except for such leases which the Forest Service determines will not significantly impact these lands and for which the Forest Service in g r a n t i n g the leases specifically outlines exploration and development guidelines designed to protect these lands from significant adverse environmental impact. SEC. 304. No part of any appropriation contained in this Act shall Legislative proposal, be available for any activity or the publication or distribution of literpublication or ature that in any way tends to promote public support or opposition to distribution of any legislative proposal on which congressional action is not complete, literature. in accordance with 18 U.S.C. 1913. SEC. 305. No funds appropriated by this Act shall be available for use in implementing or otherwise carrying out, in the State of Alaska, the provisions of section 603 of the Federal L and Policy and Management Act of 1976 (43 U.S.C. 1782). Hunting of SEC. 306. No funds appropriated by this Act shall be available for waterfowl with the implementation or enforcement of any rule or regulation of the steel shot. United States F i s h and Wildlife Service, Department of the Interior, requiring the use of steel shot in connection with the h u n t i n g of waterfowl in any State of the United States unless the a p p r o p r i a t e State regulatory authority approves such implementation and enforcement. Domestic crude SEC. 307. (a) No "funds appropriated under this Act may be used to oil, allocation. implement the provisions with respect to the allocation of domestic crude oil specified in 10 C F R 211.67 on the date of enactment of this section, unless the President within thirty days after such enactment has amended the regulation under section 4(a) of the Emergency 15 USC 753. Petroleum Allocation Act of 1973 as provided in this section. Entitlements to (b)(1) The amendment to the regulation required under subsection eligible firms (a) shall provide that for the period between the effective date of such importing amendment and July 1, 1979 the provisions of the regulation specified residual fuel oil. in 10 C F R 211.67(a)(3) on the date of enactment of this section (relating to the issuance of entitlements to eligible firms importing residual fuel oil) shall be amended by replacing the words " t h i r t y (30%) percent" wherever they appear by the words "fifty (50%) percent", except that for the purposes of this section the State of Michigan will be treated as if it Avere part of the East Coast market as defined in 10 C F R 211.62. (2) Such amendment shall provide that on and after July 1, 1979 the provisions of the regulation referred to in paragraph (1) shall revert to those provisions in effect on the date of enactment of this section. Reduction in (c) The amendment required under subsection (a) shall amend the entitlement value provisions of the regulation specified in 10 C F R 211.67(d)(4) on the for sales into East date of enactment of this section (relating to the reduction in entitleCoast market. ment value for sales into the E a s t Coast market) to delete the provisions exempting the first 5,000 barrels per day of a refiner's crude oil runs to stills from the operation of that subsection and to provide that 10 C F R 211.67(d)(4) is applicable only to domestic refiners that transport residual fuel oil for sale in the E a s t Coast market in foreign flag tankers. Effective date. (d) The effective date of the amendment required under subsection (a) shall be July 1, 1978 unless the Secretary finds it impracticable to implement such amendment on such date.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/1357

 PUBLIC LAW 95-465—OCT. 17, 1978

92 STAT. 1303

(e) In promulgating the amendment required under subsection (a) and any related implementing or conforming amendments the President shall not be subject to the provisions of section 553 of title 5 or of sections 7174 and 7191 of title 42 of the United States Code. (f) Except as specifically provided in this section, nothing in this section affects the authority of the President to amend the regulation under section 4(a) of the Emergency Petroleum Allocation Act of 1973. 15 USC 753. SEC. 308. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein. Approved October 17, 1978

LEGISLATIVE HISTORY: HOUSE REPORTS: No. 95-1251 (Comm. on Appropriations) and No. 95-1672 (Coram. of Conference). SENATE REPORT No. 95-1063 (Coram, on Appropriations). CONGRESSIONAL RECORD, Vol. 124 (1978): June 21, considered and passed House. Aug. 8, 9, considered and passed Senate, amended. Oct. 5, House agreed to conference report; concurred in certain Senate araendraents, and in others with amendments. Oct. 7, Senate agreed to conference report; concurred in House ataendments.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/1358

 92 STAT. 1304

PUBLIC LAW 95-466—OCT. 17, 1978

Public Law 95-466 95th Congress Joint Resolution Oct. 17, 1978 [S.J. Res. 16] Jefferson F. Davis. Citizenship restored posthumously. u s e prec. title 1.

To restore posthumously full rights of citizenship to Jefferson F. Davis.

Resolved by the Senate and Hmise of Representatives of the United States of America in Congress assembled, That, in accordance with section 3 of amendment X IV of the Constitution of the United States, the legal disabilities placed upon Mr. Jeiferson F. Davis are hereby removed, and that Mr. Jefferson F. Davis is posthumously restored to the full rights of citizenship, effective December 25, 1868. Approved October 17, 1978.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-1488 accompanying H.J. Res. 1041 (Comm. on the Judiciary). SENATE REPORT No. 95-100 (Comm. on the Judiciary). CONGRESSIONAL RECORD: Vol. 123 (1977): Apr. 27, considered and passed Senate. Vol. 124 (1978): Sept. 26, H.J. Res. 1041 considered and passed House; passage vacated and S.J. Res. 16, amended, passed in lieu. Oct. 3, Senate concurred in House amendments. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS: Vol. 14, No. 42 (1978): Oct. 17, Presidential statement.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/1359

 PUBLIC LAW 95-467—OCT. 17, 1978

92 STAT. 1305

Public Law 95-467 95th Congress An Act To promote a more adequate and responsive national program of water research and development, and for other purposes. Be it enacted by the Senate and House of Representatives of the. United States of America in Congress assembled, This Act may be cited as the "Water Kesearch and Development Act of 1978". SEC. 2. The Congress finds and declares that— (a) providing for the protection of the Nation's water resources, assuring an adequate supply of water of good quality for the production of food, materials, and energy for the Nation's needs, and increasing the efficient use of the Nation's watei resources are essential to national economic stability and growth, and to the well-being of our people; (b) the Nation's capabilities for technological assessment and planning and for policy formulation for water resources must be strengthened at both the Federal and State levels; (c) there should be a continuing national investment in waterrelated research and technology which is commensurate with growing national needs; and (d) the manpower pool of scientists, engineers, and technicians trained in fields related to water resources constitutes an invaluable natural resource which should be increased, fully utilized, and regularly replenished. SEC. 3. It is the purpose of this Act to assist the Nation and the States through water resources science and technolo^— (a) to provide a supply of water sufficient in quantity and quality to meet the Nation's expanding needs for the production of food, materials, and energy; (b) to preserve and enhance our water resources and the waterrelated environment; (c) to promote conservation and efficient use of the Nation's water resources; (d) to promote research and development, demonstration, and technology transfer dealing with both quality and quantity of water resources; (e) to identify and find practical solutions to the Nation's water and water resources related problems; (f) to promote the training of scientists, engineers, and other skilled personnel in the fields related to water resources; (g) to foster and supplement present programs for the conduct of research, technology development and transfer, and innovative water resources management, conservation, and operating practices; (h) to provide for research, development, technology demonstration, and transfer with respect to converting saline and other impaired waters to waters suitable for municipal, agricultural, industrial, recreational, or other beneficial uses; (i) to disseminate information through the maintenance of a water resources scientific information center with adequate information bases so that the Nation's water research community, by utilizing the center, can be fully informed of research activi-

Oct. 17, 1978 [S. 2704] Water Research and Development dzmcVmi ^^g^ ^ ^g^ ygQj

,

42 USC 7802.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/1360

 92 STAT. 1306

PUBLIC LAW 95-467—OCT. 17, 1978 ties and other types of information necessary for them to effectively conduct their work; (j) to better coordinate the Nation's water resources and development programs; and (k) to enhance the capacity of the Federal water establishment, and of water interests nationwide for recommending to the President and the Congress changes in national water resources research and technology policy as appropriate. TITLE I—WATEE RESOUKCES RESEARCH AND DEVELOPMENT

Research and technology institutes. 42 USC 7811.

7 USC 301.

Duties.

SEC. 101. (a) The Secretary of the Interior (hereafter in this Act referred to as the "Secretary") is hereby authorized and directed to assist in carrying on the work of a competent and qualified water resources research and technology institute, center, or equivalent agency (hereinafter referred to as "institute") at one college or university in each State, which college or university shall be a college or university established in accordance with the Act approved July 2, 1862 (12 Stat. 503; 7 U.S.C. 301ff), entitled "An Act donating public lands to the several States and territories which may provide colleges for the benefit of agriculture and the mechanic arts" or some other institution designated b^ Act of the legislature of the State concerned: Provided, That (1) if there is more than one such college or university in a State established in accordance with said Act of July 2, 1862, funds under this section shall, in the absence of a designation to the contrary by act of the legislature of the State, be paid to the one such college or university designated by the Governor of the State to receive the same, subject to the Secretary's determination that such college or university has, or may reasonably be expected to have the capability of doing effective work under this title; (2) two or more States may cooperate in the designation of a single institute or regional institute, in which event the sums assignable to all of the cooperating States shall be paid to such institute; (3) the designated State institute shall cooperate closely with other colleges and universities in the State with demonstrated research, information dissemination, and gradaute training capabilities in developing a statewide program directed to resolving State and regional water and related land problems; and (4) the designated State institute shall cooperate closely with regional consortia, as may be designated by the Secretary, to increase the effectiveness of the nationwide network of institutes and for the purpose of regional coordination, particularly with river basin commissions and other interagency river basin organizations as may be established by the Congress. (b)(1) It shall be the duty of each such institute to plan and conduct and/or arrange for a component or components of the college or university with which it is affiliated or other qualified colleges or universities within the State, to conduct competent research and development including investigations and experiments of either a basic or practical nature, or both, in relation to water resources, to promote dissemination and application of the results of these efforts, and to provide for the training of scientists and engineers through such research, investigations, and experiments.

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(2) The research, investigations, experiments, and t r a i n i n g may include, without being limited to, aspects of the hydrologic cycle; supply and demand for w a t e r; saline water conversion; conservation and best use of available supplies of water and methods of increasing such supplies; water reuse; and economic, legal, social, engineering, recreational, biological, geographic, ecological, and other aspects of water problems; scientific information dissemination activities, including identifying, assembling, and interpreting the results of scientific and engineering research on water resources problems; and providing means for improved communication of research results, having due regard for the varying conditions and needs for the respective States and regions, for water research and development projects now being conducted by agencies of the Federal and State governments, the agricultural and engineering experiment stations, and other university research centers and for the need to avoid undue displacement of scientists and engineers elsewhere engaged in water resources research and development. (3) The annual program submitted by the State institutes to the Secretary for approval shall include assurances satisfactory to the Secretary, that such programs were developed in close consultation and collaboration with leading water resources officials within the State and region to promote research, training, information dissemination and other work meeting the needs of the State. Additionally, it shall be the duty of each State institute to provide the Secretary with periodic information, at the Secretary's discretion, (m water resources research and development activities, needs, and priorities within the State which shall be coordinated with State, local, regional and river basin entities, and to cooperate with the Secretary in prep a r i n g periodic reports of ongoing research within the State and its funding by both Federal and non-Federal organizations. Institutes are required to see that notices of research projects are submitted to the center referred to under title III, section 302. (4) The designated State institutes shall cooperate with the Secretary in the development of five-year water resources research and development goals and objectives. (5) The designated institutes will receive comment on and transmit all research and development proposals from the academic community to the Secretary for consideration and funding. (c) There is further hereby authorized a program of technology transfer and / o r information dissemination to be carried out by the State institutes. Such funds, as are appropriated for this purpose, shall be made available on a competitive basis to the State institutes, based on the merit of project or program proposals submitted to the Secretary, for the purpose of transferring research and development results to other organizations for further development, demonstration, and practical application. SEC. 102. Funds appropriated pursuant to this title, in addition to being available for expenses for research and development experiments, and training conducted under authority of this title, shall also be available for p r i n t i n g and publishing the results thereof in the furtherance of technology transfer and for planning and direction. The ins'^itutes are hereby authorized and encouraged to plan and conduct programs financed under this title in cooperation with each other and with such other agencies and individuals as may contribute to the solution of 'he water problems involved, and funds appropriated

Annual programs and reports, submittal to Secretary of the Interior.

Information dissemination program.

Publication of program results. 42 USC 7812.

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pursuant to this title shall be available for paying the necessary expenses of planning, coordinating, and conducting such cooperative research. Responsibilities. SEC. 103. (a) The Secretary is hereby charged with the responsi42 USC 7813. bility for the proper administration of this title and, after full consultation with other interested Federal agencies, may prescribe such procedures, rules, and policies as may be necessary to carry out its provisions. He shall require a showing that institutes designated to receive funds have, or may reasonably be expected to have, the capability of doing effective work. He shall furnish such advice and assistance as will best promote the purposes of this title, participate in coordinating research initiated by the institutes under this title, indicate to them such lines of inquiry as to him seem most important, and assist the establishment and maintenance of cooperation among the institutes, other research organizations, the United States Department of the Interior, and other Federal establishments. (b) The Secretary shall develop a five-year water resources research program in cooperation with the institutes and appropriate water entities, indicating goals, objectives, priorities, and funding requirements. (c) The Secretary shall annually ascertain that the requirements of subsection 101(b) have been met as to each institute, whether it is entitled to receive its share of the annual appropriations for water resources research and development under section 401(a) of this Act and the amount which it is entitled to receive. SEC. 104. Nothing in this title shall be construed to impair or modify 42 USC 7814. the legal relation existing between any of the colleges or universities under whose direction an institute is established and the government of the State in which it is located, and nothing in this title shall in any way be construed to authorize Federal control or direction of educa'. ion at any college or university. SEC. 105. (a) The Secretary is authorized to make grants to instiGrants. tutes to match, on a dollar-for-dollar basis, funds available to institutes 42 USC 7815. from non-Federal sources to meet the necessary expenses of specific water and related land resources research projects which the institute could not otherwise undertake, including the expenses of planning and coordinating regional projects by two or more institutes. Each application for a grant pursuant to this subsection shall, among other things, state the nature of the project to be undertaken, the period during which it will be pursued, the qualifications of the personnel who will direct and conduct it, the importance of the project to the Nation, region, and State concerned, its relation to other known research projects theretofore pursued or currently being pursued, and the extent to which it will provide opportunity for training of water resources scientists. No grant shall be made under this subsection except for a project approved by the Secretary, and all grants shall be made upon the basis of the merit of the project, the need for the knowledge which it is expected to produce when completed, and the opportunity it provides for the training of water resources scientists. Contract (b) The Secretary is authorized to make grants to, and finance conauthority. tracts and matching or other agreements with qualified educational institutions; private foundations or other institutions; and with private firms and individuals whose training, experience, and qualifications are adequate in his judgment for the conduct of water research and development projects; and with local. State, and Federal Govern-

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ment agencies to undertake researdi and development concerning any aspect of water-related problems which he may deem desirable in the national interest. SEC. 106. W a t e r resources research and development programs carried out in accordance with this title may include, without being limited to water use conservation and efficiencies; water and related p l a n n i n g; saline water conversion; water reuse; management and operations; legal systems; protection and enhancement of the waterbased environment; institutional arrangements; salinity management; and economic, social, and environmental impact assessment. Due consideration shall be given to priority problems identified by water and related land resources planning, data acquisition, and like studies conducted by other agencies and organizations. SEC. 107. As used in this title, the term " State " includes the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, Guam, the Virgin Islands, the Northern Mariana Islands, and the T r u s t Territory of the Pacific Islands. SEC. 108. Contracts or other arrangements for water resource work authorized under this title with an institute, educational institution, or nonprofit organization may be undertaken without regard to the provisions of section 3648 of the Revised Statutes (31 U.S.C. 529) when, in the judgment of the Secretary, advance payments of initial expenses are necessary to facilitate such work. SEC. 109. (a) The Secretary is authorized to study, design, implement, operate, and maintain water resources programs and activities demonstrating the technical and economic viability of processes, systems, or techniques for the purpose of improving the water or waterrelated environment and to demonstrate the application of water resources research and development results and technology for- beneficial purposes. (b)(1) Funds appropriated pursuant to the authority provided by sections 401(d) and 403 for use under this section may not be expended until t h i r t y calendar days (including days on which either the House of Representatives or the Senate are not in session because of an adjournment of more than three calendar days to a day certain) have elapsed following transmittal of a report to the chairman of the Committee on Interior and I n s u l a r Affairs and the chairman of the Comittee on Science and Technology of the House of Representatives and the chairman of the Committee on Environment and Public Works of the United States Senate. (2) Such report shall present information that includes, but is not limited to, the location of the demonstration activities, the characteristics of the water and water-related problem, the processes or concepts to be demonstrated, the estimated initial investment cost of the demonstration, the estimated annual operating cost of the demonstration, the source of energy for the demonstration and its cost, environmental consequences of the demonstrations; and the estimated costs associated with the demonstration considering the amortization of all components of the demonstration. (3) Such report shall also be accompanied by a proposed contract or agreement between the Secretary and a duly authorized Federal or non-Federal public or private entity, in which such entity shall agree to share cost to the extent deemed i m p o r t a n t to the purposes of the activity as determined by the Secretary. Such proposed contract or agreement may provide that either the contractual entity or the United States will develop the activity described in the report and that the

42 USC 7816.

"State." 42 USC 7817. 42 USC 7818.

42 USC 7819.

Report to congressional committees.

Proposed contract or agreement.

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PUBLIC LAW 95-467—OCT. 17, 1978 United States will either operate and maintain the activity or may participate in the operation and maintenance during which, in either case, access to the activity and its operating data will not be denied to the Secretary or his representatives. (4) The Secretary is authorized to include in the proposed contract or agreement a provision for conveying all rights, title, and interests of the Federal Government to the Federal or non-Federal, public or private entity subject to a future right to reenter the activity for the purpose of financing at Federal expense modifications for advanced technology and for its operation and maintenance for a successive term under the same conditions as pertain to the original term. TITLE II—WATER RESEARCH AND DEVELOPMENT FOR SALINE AND OTHER I M P A I R E D WATERS

42 USC 7831.

Functions.

42 USC 7832.

Cooperative agreements with non-Federal utilities and governmental entities.

42 USC 7833.

SEC. 200. Consistent with the Federal responsibility for Avater resources development and conservation by means of comprehensive planning, water resources development projects, protection of water quality standards, and other measures for the beneficial use of water from various sources, the Congress finds it necessary to provide for the development of technology for the conversion of saline and other impaired waters for beneficial uses. It is the policy therefore to assist and encourage the development of practical means to utilize saline water technology to convert impaired waters of any type from any source to a quality suitable for municipal, industrial, agricultural, and other beneficial uses to transfer research and development results. SEC. 201. The Secretary is authorized and directed to— (a) conduct, encourage, and promote basic scientific research and fundamental studies to develop effective and economical processes and equipment for the purpose of converting impaired water into water suitable for beneficial uses; (b) pursue the findings of research and studies authorized by this title having potential practical applications, including application to matters other than water conversion, and to other supply sources such as brackish waters, staged development, and use with energy sources; (c) conduct engineering and technical work including the design, construction, and testing of various processes, systems, and pilot plants to develop saline water conversion processes to the point of demonstration; (d) study methods for recovery, beneficial uses and disposal of residuals, and marketing of byproducts resulting from the improvement or conversion of impaired water in an environmentally acceptable manner; (e) undertake economic studies and surveys to determine present and prospective costs of producing water for beneficial purposes in various parts of the United States by saline water conversion processes and, by means of models, or other methodologies, prepare and maintain information concerning the relation of such conversion processes and systems to other aspects of State, regional, and national comprehensive water resources planning. SEC. 202. (a) The Secretary is authorized to conduct preliminary investigations and explore potential cooperative agreements with non-Federal utilities and governmental entities in order to develop

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 PUBLIC LAW 95-467—OCT. 17, 1978 recommendations for Federal participation in the design, construction, operation, and maintenance of demonstration and prototype plants utilizing advanced saline water technologies for the production of water for beneficial use. (b) I n cari-ying out the provisions of this section, the Secretary shall utilize the expertise of the water and power marketing agencies of the Department of the Interior or of other Federal agencies to insure that the recommended project and the supporting agreements are fully integrated and compatible with the water and power systems of the region. (c) The Secretary is authorized to accept financial and other assistance from any State or public agency in conneotion with studies or surveys relating to impaired water and facilities and to enter into contract with respect to such assif9tance. SEC. 208. The Secretary may issue rules and regulations to effectuate the purposes of this title. SEC. 204. As used in this title— (a) the term "saline and other impaired water" includes but is not limited to seawater, brackish water, mineralized ground or surface water, irrigation return flows, and other similarly contaminated w a t e r s; (b) the term "United States" extends to and includes the District of Columbia, the Commonwealth of P u e r to Rico, American Samoa, Guam, the Virgin Islands, the Northern Mariana Islands, and the T r u s t T e r r i to r y of the Pacific Islands; (c) the term "pilot p l a n t " means an experimental unit of sufficient size used to evaluate and develop new or improved processes or systems and to obtain technical and engineering d a t a; (d) the term "demonstration" means a plant of sufficient capacity and reliability to demonstrate on a day-to-day operating basis that the process or sysitem is feasible and that such process or system has potential for application to water system improvement; (e) the term " p r o to t y p e " means a full-size, first-of-a-kind production plant used for the development and study of full-sized technology, energy, and process economics. SEC. 205. (a) Subsection 2(a) of the Act of August 2, 1977 (Public Law 95-84) is hereby amended by striking "four" and inserting "five" and by striking " P u e r to Rico, Virgin Islands, and Guam:" and inserting "the District of Columbia, the Commonwealth of P u e r to Rico, American Samoa, Guam, the Virgin Islands, the Northern Mariana Islands, and the T r u s t T e r r i to r y of the Pacific Islands:". (b) Subsection 2(b) of the Act of August 2, 1977 (Public Law 95-84) is hereby amended by striking the period at the end of the t h i r d full sentence and adding the following: ": Provided, That, the Secretary may waive the obligation of the non-Federal public entity to furnish brine disposal facilities if he finds that such entity is unable financially to bear the cost of such facilities.". (c) I n addition to the snms previously authorized to be appropriated to carry out the purpose of section 2 of the Act of August 2, 1977 ( P u b lic Law 95-84) there is hereby authorized to be appropriated for the fiscal year ending September 30, 1980 and thereafter, the sum of $10,000,000 to remain available until expended.

92 STAT. 1311

Financial assistance from any State or public agency. Rules and regulations. 42 USC 7834. Definitions. 42 USC 7835.

42 USC 7836. 42 USC 1959i.

Waiver.

Appropriation authorization. 42 USC 7836 note.

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PUBLIC LAW 95-467—OCT. 17, 1978 TITLE III—TECHN"OLOGY TRANSFER AND INFORMATION DISSEMINATION

42 USC 7851.

National center for information acquisition, processing and dissemination. 42 USC 7852.

Center for cataloging scientific research. 42 USC 7853.

SEC. 300. The Secretary is authorized to conduct a research assessment and technology transfer program which transfers research and development results to other organizations and individuals for further development and practical application to water and water-related problems. The Secretary may enter into agreements with the State and local governments and with other public and private organizations and individuals, including cost-sharing or cost-participation agreements, for the transfer or application of research results for the solution of water-related problems and to further the transfer developed by programs authorized under this Act. The Secretary may issue publications and may conduct seminars, conferences, t r a i n i n g sessions, or use other such techniques he deems necessary to expedite the transfer of research results and technology development. The technology transfer activities will be coordinated with activities undertaken under titles I and II of this Act. SEC. 301. The Secretary is further authorized to maintain a national center for the acquisition, processing, and dissemination of information dealing with all areas of water resources research, technology development, and demonstration. Each Federal agency engaged in water resources including research, technology development, and demonstration, shall cooperate by providing the center with documents and other pertinent information. The center shall (a) maintain for general use a collection of water resources information provided by Federal and non-Federal government agencies, colleges, universities, private institutions, and individuals; (b) issue publications or utilize other media to disseminate research, technoloffy development, and demonstration information for the purposes of this Act and enter into agreements with public or private organizations or individuals to stimulate acquisition and dissemination of information, thus contributing to a comprehensive, nationwide program of research and development in water resources and the avoidance of unnecessary duplication of effort; (c) make generally available abstracts and other summary type information concerning water resources activities including research projects accomplished and in progress by all Federal agencies and by nonFederal agencies, private institutions, and individuals, to the extent such information can be obtained, and reports completed on research projects funded under provisions of this Act; and (d) in carrying out the information dissemination activities authorized by this section, the Secretary shall to the extent feasible use the resources and facilities of other agencies and of the clearinghouse for scientific, technical, and engineering information established in the Department of Commerce pursuant to sections 1151 through 1157 of title 15, United States Code. SEC. 302. There shall be established, in such agency and location as the President determines to be desirable, a center for cataloging current scientific research in all fields of water resources. E a c h Federal agency doing water resources research shall cooperate by providing the cataloging center with information on work underway. The cataloging center shall classify and maintain for general use a file of water resources research and investigation projects in progress or scheduled by all Federal agencies and by such non-Federal agencies of government, colleges, universities, private institutions, firms, and individuals as voluntarily may make such information available.

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TITLE IV—GENERAL PROVISIONS SEC, 400. (a) A s used in this Act, the term "Secretary" means the Secretary of the Interior. (b) I n carrying out his functions under this Act, the Secretary may: (1) make grants to educational institutions and scientific organizations, and enter into contracts with institutions and organizations and with industrial or engineering firms; (2) acquire the services of chemists, physicists, engineers, and other personnel by contract or otherwise; (3) utilize the facilities of Federal scientific laboratories; (4) establish and operate necessary facilities and test sites to carry on the continuous research, testing, development, and program i n g necessary to effectuate the purposes of this title; (5) acquire processes, technical data, inventions, patent applications, patents, licenses, land and interests in land (including water r i g h t s), plants and facilities, and other property or rights by purchase, license, lease, or donation pursuant to the Federal Property and Administrative Services Act (40 LT.S.C. 471) as amended, where applicable; (6) assemble and maintain pertinent and current scientific literature, publications, patents, licenses, land and interests in land (including water rights thereto); (7) cause onsite inspections to be made of promising projects, domestic and foreign, and in the case of projects located in the United States, cooperate and participate in their development when the purposes of this title will be served thereby; (8) foster and participate in regional, national, and international conferences relating to water resources; (9) accept financial and other assistance from any local. State, Federal, or other agency or entity in connection with studies or surveys relating to water problems and facilities and enter into contracts with regard to such assistance; (10) coordinate, correlate, and publish information with a view to advancing the development of practicable water conversion projects; and (11) cooperate with other Federal departments and agencies, with State and local departments, agencies, and instrumentalities, and with interested persons, firms, institutions, and organizations. SY.C. 401. (a)(1) There is hereby authorized to be appropriated for the purpose of carrying out the program described in subsection 101(a) of this Act an amount sufficient to provide $150,000 to each particip a t i n g institute, on a cost-sharing basis, for the fiscal year ending September 30, 1979, and an amount sufficient to provide $175,000 to each participating institute on a cost-sharing basis, for the fiscal year ending September 30, 1980. (2) There is authorized to be appropriated, on a cost-sharing basis, for the purpose of carrying out the provisions of subsection 101(c) of this Act the sum of $750,000 for the fiscal year ending September 30, 1979, and the sum of $1,350,000 for the fiscal year ending September 30, 1980, all to remain available until expended. (2) Cost sharing under sections 101(a) and 101(c) shall be on the basis of two Federal shares to not less than one non-Federal share. Federal funds made available under this section shall not be used foi-

"Secretary." 42 USC 7871.

Appropriation authorization. 42 USC 7872.

Cost sharing,

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Appropriation authorization. 42 USC 7873.

Appropriation authorization. 42 USC 7874.

Grant applications. 42 USC 7875.

PUBLIC LAW 95-467—OCT. 17, 1978 support of indirect costs as defined by current Federal regulations; however, such indirect costs may be credited as a non-Federal contribution to the total cost of activities to be carried out pursuant to the Federal g r a n t or contract. (b) There is authorized to be appropriated for purposes of carrying out the provisions of section 105(a) of this Act for the fiscal year endi n g September 30, 1979, the sum of $6,000,000, and for the fiscal year ending September 30, 1980, the sum of $8,500,000, all to remain available until expended, to match on a dollar-for-dollar basis, funds made available by non-Federal sources to meet the necessary expenses of specific water resources research and development projects which could not otherwise be undertaken, (c) There is authorized to be appropriated for purposes of carrying out the provisions of section 105(b) of this Act for the fiscal year ending September 30, 1979, the sum of $5,200,000, and for the fiscal year ending September 30, 1980, the sum of $8,000,000 all to remain available until expended, which shall be available on a competitive basis to any organization or individual to finance grants, contracts, matching grants, or other arrangements which equal 100 per centum, or any lesser per centum of the total cost of the project involved. (d) There is authorized to be appropriated for purposes of carrying out the provisions of section 109 of this Act for the fiscal year ending September 30, 1980, the sum of $1,000,000 to remain available until expended, which shall be available on a competitive basis to any organization or individual to finance projects pursuant to the terms of said section 109. SEC. 402. (a) There is authorized to be appropriated to carry out the provisions of title II of this Act for the fiscal year ending September 30, 1979, the sum of $12,000,000, and for the fiscal year ending September 30, 1980, the sum of $14,000,000, all of which is to remain available until expended. The categories for which such funds are authorized are research, development and demonstration plant studies. The funds appropriated to such authorization shall be distributed to the foregoing categories as determined by prevailing budgetary priorities. (b) Not more than 5 per centum of the funds to be made available in any fiscal year for research under the authority of this title may be expended for foreign activities subject to the approval of the Secretary of State to assure that such activities are consistent with the foreign policy objectives of the United States, in cooperation with public or private agencies in foreign countries for research useful to the programs in the United States. SEC. 403. There is authorized to be appropriated the sum of $4,464,000 for the fiscal year ending September 30, 1979, and the sum of $5,100,000 for the fiscal year ending September 30, 1980, to carry out the sections of titles I, II, III, and IV of this Act other than those for which special specific authorizations are made. SEC. 404. E a c h application for a g r a n t, pursuant to this Act, shall, among other things, state the n a t u r e of the project to be undertaken, the period during which it will be pursued, the water problem it addresses, the qualifications of the personnel who will direct and conduct it, the importance of the project to the water-related economy of the Nation, the need for and expected utilization of the results, the region and the State concerned, its relation to other known research projects previously conducted or currently being pursued, the procedures by which the results can be disseminated, and the extent to

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which it will provide opportunities for the t r a i n i n g of water resources scientists and engineers. No g r a n t shall be made except for projects approved by the Secretary and all g r a n t s shall be made upon the basis of the merit of the project, the need for the knowledge it is expected to produce when completed, and the opportunities it provides for the t r a i n i n g of water resources scientists and engineers. SEC. 405. (a) Sums appropriated pursuant to this Act may be paid at such times and in such amounts during each fiscal year as determined by the Secretary and upon vouchers approved by him. Except as may be otherwise specified by this Act, funds received pursuant to such payment may be used for any allowable costs within the meaning of the Federal procurement regulations that establish principles for determining costs applicable to research and development under grants and contracts with educational institutions. (b) E a c h State institute operating pursuant to title I of this Act shall have an officer appointed by its governing authority who shall receive and account for all funds paid to the institute under the provisions of this Act and who shall provide to the Secretary an annual statement of the amounts received under any of the provisions of this Act during the preceding fiscal year, and of its disbursement. I f any of the moneys received by the authorized receiving officer of any State institute under the provisions of this Act shall, by any action or contingency, be found by the Secretary to have been improperly diminished, lost, or misapplied, it shall be replaced and until so replaced no subsequent disbursement of Federal funds shall be made to any institute of such State. SEC. 406. (a) The Secretary shall cooperate fully with, and shall obtain the continuing advice and cooperation of, all agencies of the Federal Government concerned with water problems. State and local governments, and private institutions and individuals, to assure that the programs conducted under this Act will supplement and not duplicate other water research and technology programs, will stimulate research and development in neglected areas, and will provide a comprehensive, nationwide program of water resources research and development. I n order to further these purposes, as well as to assure research undertaken by the Secretary on wastewater treatment and treatment of water for potable use is most responsive to needs in implementing the Federal W a t e r Pollution Control Act, as amended (Public Law 92-500), and the Safe D r i n k i n g W a t e r Act, as amended (Public Law 93-523), the Secretary will consult with the Administrator of the Environmental Protection Agency in developing and implementing programs in these areas. The Secretary will encourage utilization of the center referred to in title III, section 302, for cataloging current research projects in order to assure that programs conducted under this Act will supplement and not duplicate other research and technology programs and will encourage other Federal agencies to do likewise. (b) The President shall, by such means as he deems appropriate, clarify agency responsibilities for Federal water resources research and development and provide for interagency coordination of such research, including the research authorized by this Act. Such coordination shall include (1) continuing review of the adequacy of the Government-wide program in water resources research and development and identification of technical needs in various water resources research categories, (2) identification and elimination of

Conditions.

42 USC 7876.

42 USC 7877,,

Consultation with EPA. 33 USC 1251 note. 42 USC 201 note.

Interagency coordination.

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PUBLIC LAW 9 5 - 4 6 7 — O C T. 17, 1978

duplication and overlaps between two or more programs, (3) recommendations with respect to allocation of technical effort among the Federal agencies, (4) review of technical manpower needs and findings concerning the technical manpower base of the program, (5) recommendations concerning management policies to improve the quality of the Government-wide research effort, and (6) actions to facilitate interagency communication at management levels. (c) The Secretary shall report within one year of the date of enactReport to congressional ment of this Act to the chairman of the Committee on Science and committee. Technology of the House of Representatives concerning actions taken by the Secretary and the President to implement this section. Property SEC. 407. (a) Property acquired by the Secretary under this Act for conveyance. use in furtherance of the purposes of this Act may be conveyed to a 42 USC 7878. cooperating institute, educational institution, or nonprofit organization in accordance with the Federal Property and Administrative 40 USC 471 note. Services Act of 1949, as amended. (b) The Secretary may dispose of water and byproducts resulting from his operations under this Act. All moneys received from dispositions under this Act shall be paid into the Treasury as miscellaneous receipts except where such operations may be undertaken as a part of a Federal reclamation project in which case the financial provisions of the reclamation laws (82 Stat. 388 and Acts amendatory thereof and supplementary thereto) shall govern. SEC. 408. W i t h respect to patent policy and to the definition of title Patent policy. to, and licensing of inventions made or conceived in the course of, or 42 USC 7879. under any contract or g r a n t pursuant to this Act, and notwithstanding any other provision of law, the Secretary shall be governed by the provisions of sections 9 and 10 of the Federal Nonnuclear Energy, Research, and Development Act of 1974 (Public Law 93-577; 88 Stat. 1887, 1801; 42 U.S.C. 5908, 5909): Provided however, That subsections (1) and (n) of section 9 of such Act shall not apply to this Act: Provided further, however, That, subject to the patent policy of section 408, all research or development contracted for, sponsored, cosponsored, or authorized under authority of this Act, shall be provided in such manner that all information, data, and knowhow, regardless of their nature or mediums, resulting from such research and development will (with such exceptions and limitations, if any, as the Secretary may find to be necessary in the interest of national defense) be usefully available for practice by the general public consonant with the purpose of this Act. Report to SEC. 409. The institutes shall submit a summary report to the Secretary of Secretary on or before January 31 of each year which highlights the Interior. research and development work accomplished during the preceding 42 USC 7880. fiscal year, the status of projects underway, and recommended future projects. This report is in addition to such other reports as may be Report to required by sections 101(b) and 405(b) of this Act. The Secretary Congress and shall submit a summary report to the President and the Congress on the President. or before April 1 of each year which summarizes program activities of the preceding fiscal year and projects for the future. Repeals. SEC. 410. (a) The W a t e r Resources Research Act of 1964 (Public 42 USC 1961L a w 88-379, 78 Stat. 329; 42 U.S.C. 1961 et seq.), as amended, and the 1961a-5, 1961b, Saline W a t e r Conversion Act of 1971 (Public Law 92-60, 85 Stat. 159; 1961c-1961c-8, 42 U.S.C. 1959 et seq.), as amended, are hereby repealed. 1959-1959h. (b) Nothing elsewhere in this Act is intended to repeal, supersede, 42 USC 7881. or diminish existing authorities or responsibilities of any agency of the Federal Government concerning water resources.

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 PUBLIC LAW 95-467—OCT. 17, 1978

92 STAT. 1317

(c) Nothing in this Act shall be construed to alter existing law with respect to the ownership and control of water. SEC. 411. Any rules, regulations, guidelines, interpretations, orders, or requirements of general applicalDility prescribed by the Secretary of the Interior in connection with, or affecting, the administration of any program authorized by this Act or by section 2 of the Act of August 2, 197T (Public Law 95-84) shall be transmitted to the Speaker of the House of Representatives and the President of the Senate and shall not become effective for thirty days after the date of such transmittal. The thirty day period shall be deemed to run without interruption except during periods when either House is in adjournment sine die, in adjournment subject to the call of the Chair, or in adjournment to a day certain for a period of more than four consecutive days. SEC. 412. Notwithstanding any other provision of this Act, authority to enter into contracts or cooperative agreements and to make payments under this Act shall be effective only to the extent or in such amounts as are provided in advance in appropriation Acts. Approved October 17, 1978.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-1156 accompanying H.R. 11226 (Comm. on Interior and Insular Affairs). SENATE REPORT No. 95-836 (Comm. on Environment and Public Works). CONGRESSIONAL RECORD, Vol. 124 (1978): May 25, considered and passed Senate. July 11, H.R. 11226 considered and passed House; passage vacated and S. 2704, amended, passed in lieu. Sept. 25, Senate concurred in House amendment with amendments. Oct. 2, House concurred in Senate amendments. WEEKLY eOMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 14, No. 42: Oct. 17, Presidential statement.

Transmittal to Speaker of the House and President of the Senate. 42 USC 7882. 42 USC 1959i.

42 USC 7883.

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 92 STAT. 1318

PUBLIC LAW 95-468—OCT. 17, 1978

Public Law 95-468 95th Congress An Act Oct. 17, 1978 [S. 2801]

Henry R. Koen Forest Service Building, Ark. Designation.

To designate the building known as the Ozark National Forest Headquarters Building in Russellville, Arkansas, as the "Henry R. Koen Forest Service Building".

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the building in Eussellville, Arkansas, commonly known as the Ozark National Forest Headquarters Building, shall hereafter be known and designated as the "Henry E,. Koen Forest Service Building". Any reference in a law, map, regulation, document, record, or other paper of the United States to that building shall be held to be a reference to the "Henry K. Koen Forest Service Building". Approved October 17, 1978.

LEGISLATIVE HISTORY: SENATE REPORT No. 95-974 (Comm. on Environment and Public Works). CONGRESSIONAL RECORD, Vol. 124 (1978): July 14, considered and passed Senate. Oct. 4, considered and passed House.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/1373

 PUBLIC LAW 95-469—OCT. 17, 1978

92 STAT. 1319

Public Law 95-469 95th Congress An Act To provide for payments to local governments based upon the acreage of the National Wildlife Refuge System which is vrithin their boundaries, and for other purposes. Be it enacted &y t^^ Senate and House of Representatives of the United States of America in Congress assembled, That (a) section 401 of the Act of June 15, 1935 (commonly referred to as the "Refuge Revenue S h a r i n g Act", 1 6 U.S.C. 715s) is amended as follows: (1) Subsection (a) is amended— (A) by inserting "salmonoid carcassas," after "animals,"; and (B) by inserting after "National Wildlife Refuge System" the second time it appears ", National F i s h Hatcheries, or other areas,". (2) Subsection (b) is amended by inserting " and revenues h a r i n g " immediately after "revenue-producing"; and by striking out "set forth in subsection (a) ". (3) Subsections (c), (d), (e), (f), and (g) are amended to read as follows: " (c)(1) The Secretary shall pay out the fund, for each fiscal year beginning with the fiscal year ending September 30, 1979, to each county in which is situated any fee area whichever of the following amounts is g r e a t e r: " (A) A n amount equal to the product of 75 cents multiplied by the total acreage of that portion of the fee area which is located within such county. " (B) A n amount equal to three-fourths of 1 per centum of the fair market value, as determined by the Secretary, of that portion of the fee area (excluding any improvements thereto made after the date of Federal acquisition) which is located within such county. " (C) A n amount equal to 25 per centum of the net receipts collected by the Secretary in connection with the operation and management of such fee area during such fiscal year; but if a fee area is located in two or more counties, the amount each such county is entitled to shall be the amount which bears to such 25 per centum the same ratio as that portion of the fee area acreage which is within such county bears to the total acreage of such fee area. " (2) A t the end of each fiscal year the Secretary shall pay out of the fund for such fiscal year to each county in which any reserve area is situated, an amount equal to 25 per centum of the net receipts collected by the Secretary in connection with the operation and management of such area during such fiscal year: Provided, That when any such area is situated in more than one county the distributive share to each county from the aforesaid receipts shall be proportional to its acreage of such reserve area. " (3) For purposes of this section, the Commonwealth of P u e r to Rico, Guam, and the Virgin Islands shall each be treated as a county.

Oct. 17, 1978 [H.R. 8394]

Refuge Revenue Sharing Act, amendment.

Payments,

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 92 STAT. 1320

Determinations.

Regulations.

,

PUBLIC LAW 95-469—OCT. 17, 1978 "(4)(A) For purposes of determining the fair market value of fee areas under paragraph (1)(B), the Secretary shall— "(i) appraise before September 30, 1979, all fee areas for which payments under this section were not authorized for fiscal years occurring before October 1, 1977; and " (ii) appraise all other fee areas, within five years after the date of the 1978 amendment to this subsection, in the order in which such areas were first established by the Service. After initial appraisal under clause (i) or (ii), each fee area shall thereafter be reappraised by the Secretary at least once during each five-year period occurring after the date of the initial appraisal. Until any fee area referred to in clause (ii) is initially appraised under this subparagraph, the fair market value of such area shall be deemed to be that adjusted cost of the area which was used to determine payments under this subsection for fiscal year 1977; and in no case may the amount of any payment to any local government under paragraph (1)(B) with respect to any fee area be less than the amount paid under paragraph (2)(A) of this subsection (as in effect on September 30, 1977) with respect to such area. "(B) The Secretary shall make the determinations required under this subsection in such manner as the Secretary considers to be equitable and in the public interest. All such determinations shall be final and conclusive, "(5)(A) Each county which receives payments under paragraphs (1) and (2) with respect to any fee area or reserve area shall distribute, under guidelines established by the Secretary, such payments on a proportional basis to those units of local government (including, but not limited to, school districts and the county itself in appropriate cases) which have incurred the loss or reduction of real property tax revenues by reason of the existence of such area. In any case in which a unit of local government other than the county acts as the collecting and distributing agency for real property taxes, the payments under paragraphs (1) and (2) shall be made to such other unit which shall distribute the payments in accordance with the guidelines. "(B) The Secretary may prescribe regulations under which payments under this paragraph may be made to units of local government in cases in which subparagraph (A) will not effect the purposes of this paragraph. "(C) Payments received by units of local government under this subsection may be used by such units for any governmental purpose. "(d) If the net receipts in the fund which are attributable to revenue collections for any fiscal year do not equal the aggregate amount of payments required to be made for such fiscal year under subsection (c) to counties, there are authorized to be appropriated to the fund an amount equal to the difference between the total amount of net receipts and such aggregate amount of payments. " (e) If the net receipts in the fund which are attributable to revenue collections for any fiscal year exceed the aggregate amount of payments required to be made for such fiscal year under subsection (c) to counties, the amount of such excess shall be transferred to the Migratory Bird Conservation Fund for use in the acquisition of suitable areas for migratory bird refuges under the provisions of the Migratory Bird Conservation Act (16 U.S.C. 715-715r). "(f) The Secretary shall carry out any revenue producing activity referred to in subsection (a)(1), (2), and (3) within any fee area or reserve area subject to such terms, conditions, or regulations, includ-

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 PUBLIC LAW 95-469—OCT. 17, 1978

92 STAT. 1321

ing sales in the open markets, as the Secretary determines to be in the best interest of the United States, The Secretary may, in accordance Disposal of with such regulations as the Secretary may prescribe, dispose of animals. animals which are surplus to any such area by exchange of the same or other kinds, gift or loan to public institutions for exhibition or propogation purposes, and for the advancement of knowledge and the dissemination of information relating to the conservation of wildlife. Definitions. "(g) As used in this section— "(1) The term 'Secretary' means the Secretary of the Interior. "(2) The term 'fee area' means any area which was acquired in fee by the United States and is administered, either solely or primarily, by the Secretary through the Service, " (3) The term 'reserve area' means any area of land withdrawn from the public domain and administered, either solely or primarily, by the Secretary through the Service, "(4) The term 'Service' means the United States Fish and Wildlife Service. "(5) The term 'county' means any county, parish, or organized or unorganized borough.". (4) Such section is amended by adding at the end thereof the following new subsection: "(h) In administering the Act of October 20, 1976 (Public Law 94-565, 31 U.S.C. 1601-1607), for fiscal years occurring after September 30, 1978— "(1) reserve areas shall be deemed to be entitlement lands for purposes of section 6(a) of such Act; and "(2) payments received by any unit of local government pursuant to subsection (c)(2) shall be deemed to be payments under a provision of law specified in section 4 of such Act.", (b) Title IV of such Act of June 15, 1935, is amended by amending 16 USC 7158. the center heading immediately preceding section 401 thereof to read as follows: " TITLE IV—PARTICIPATION O F LOCAL GOVERNMENTS IN REVENUE FROM AREAS ADMINISTERED BY THE UNITED STATES F I S H AND W I L D L I F E SERVICE". SEC. 2. The amendments made by this Act shall apply with respect to payments made to counties under title IV of the Act of June 15, 1935, for the fiscal year ending September 30, 1979, and for fiscal years thereafter; except that the amendments made to such title IV which amend section 401(a) and (g), add paragraph (4) to section 401(c), and amend the title heading shall take effect on the date of the enactment of this Act. No authorization for appropriation shall be available under this Act before the fiscal year ending September 30, 1980. SEC. 3. The Act entitled "An Act to provide for certain payments to be made to local governments by the Secretary of the Interior based upon the amount of certain public lands within the boundaries of such locality", approved October 20, 1976 (90 Stat. 2662; 31 U.S.C. 1601) is amended as follows: (1) in subsection (a) of section 6 delete clause (4) and insert in lieu thereof the following new clause: "(4) effective October 1, 1978, lands on which are located semiactive or inactive installations, not including industrial installations, retained by the Army for mobilization purposes and for support of reserve component training; or". (2) at the end of section 5 insert the following new subsection:

16 USC 7158 ^°^16 USC 7158.

31 USC 1606.

31 USC 1605.

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 92 STAT. 1322

31 USC 1606.

31 USC 1603.

PUBLIC LAW 95-469—OCT. 17, 1978 "(c) Nothing in this Act shall authorize pny payments to any unit of local government for any lands otherwise entitled to receive payments pursuant to subsection (a) of section 6 if such lands were owned and/or administered by a State or unit of local government and exempt from payment of real estate taxes at the time title to such lands is conveyed to the United States, except that, beginning in fiscal year 1979, this subsection shall cease to be applicable to payments for any land which is or was acquired by a State or unit of local government from private parties for the purpose of donation of such land to the Federal Government and which is or was so donated within eight years of the date of acquisition thereof by the State or unit of local government."; and (3) at the end of section 3 insert the following new subsection: "(e) Notwithstanding the provisions of subsection (c) of section 6 of this Act as it applies to the State of Alaska, for purposes of this section, beginning in fiscal year 1979 a unit of local government in Alaska located outside the boundaries of an organized borough which acts as the collecting and distributing agency for real property taxes shall be eligible to receive payments under the foregoing provisions of this section.". Approved October 17, 1978.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-1197 (Comm. on Merchant Marine and Fisheries). SENATE REPORT No. 95-1174 (Comm. on Environment and Public Works). CONGRESSIONAL RECORD, Vol 124 (1978)June 6, considered and passed House. Sept. 25, considered and passed Senate, amended; vote vitiated; reconsidered and passed Senate, amended. Sept. 29, House concurred in Senate amendments.

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 PUBLIC LAW 95-470—OCT. 17, 1978

92 STAT. 1323

Public Law 95-470 95th Congress An Act To authorize withholding from salaries disbursed by the Secretary of the Senate and from certain employees under the jurisdiction of the Architect of the Capitol for contribution to certain charitable organizations. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) for purposes of this Act, the term— (1) "Secretary" means the Secretary of the Senate; and (2) "Architect" means the Architect of the Capitol. (b)(1) The Secretary and the Architect shall notify individuals whose pay is disbursed by the Secretary or who are employees of the Architect, including employees of the Botanic Garden or the Senate Restaurants of the opportunity to have amounts withheld from their pay pursuant to this section for contribution to national voluntary health and welfare agencies designated by the Chairman of the Civil Service Commission pursuant to Executive Order 10927, dated March 18, 1961. (2) Upon request by such an individual specifying the amount to be withheld and one Combined Federal Campaign Center in the Washington metropolitan area to receive such amount, the Secretary, the Architect, or any other officer who disburses the pay of such individual, as the case may be, shall— (A) withhold such amount from the pay of such individual; and (B) transmit (not less than once each calendar quarter) the amount so withheld to the Combined Federal Campaign Center as specified in such request. (c) The Secretary and the Architect shall, to the extent practicable, carry out subsection (b) at or about the time of the Combined Federal Campaign and other fundraising in the executive branch of the Federal Government conducted pursuant to Executive Order 10927, dated March 18, 1961, and at such other times as each such officer deems appropriate. (d)(1) No amount shall be withheld under subsection (b) from the pay of any individual for any pay period if the amount of such pay for such period is less than the sum of— (A) the amount specified to be withheld from such pay under subsection (b) for such period; plus (B) the amount of all other withholdings from such pay for such period, (2) No amount may be specified by an individual to be withheld for any pay period under subsection (b) which is less than— (A) 50 cents, if the pay period of such individual is biweekly or semimonthly; or (B) $1, if the pay period of such individual is monthly.

39-194 O—80—pt. 1

87: QL3

Oct. 17, 1978 [S. 2376]

Congressional employees, contributions to charitable organizations. 2 USC 60c-4.

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 92 STAT. 1324

»'

' -'"''"' Rules and regulations.

PUBLIC LAW 95-470—OCT. 17, 1978 (e) This section imposes no duty, burden, or requirement upon the United States, the Senate, or any officer or employee of the United States, except as specifically provided in this section. Nothing in this section shall be deemed to consent to the application of any provision of law which has the effect of subjecting the United States, the Senate, or any officer or employee of the United States to any penalty or liability by reason of the provisions of this section. Any paper, form, document, or any other item filed with the Secretary under this section is a paper of the Senate within the provisions of rule X X X of the Standing Rules of the Senate. (f) The Secretary and the Architect are authorized to issue rules and regulations they consider appropriate in carrying out their duties under this section. Approved October 17, 1978.

LEGISLATIVE HISTORY: SENATE REPORT No. 95-1162 (Comm. on Governmental Affairs). CONGRESSIONAL RECORD, Vol. 124 (1978): Sept. 11, considered and passed Senate. Oct. 3, considered and passed House.

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 PUBLIC LAW 95-471—OCT. 17, 1978

92 STAT. 1325

Public Law 95-471 95th Congress An Act To provide for grants to tribally controlled community colleges, and for other purposes.

Oct. 17, 1978 [S. 1215]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may Tribally be cited as the "Tribally Controlled Community College Assistance Controlled Community Act of 1978".

College Assistance Act of (1) "Indian" means a person who is a member of an Indian 1978. tribe and is eligible to receive services from the Secretary of the 25 USC 1801 note. Interior; 25 USC 1801. DEFINITIONS

(2) "Indian tribe" means any Indian tribe, band, nation, or other organized group or community, including any Alaskan Native village or regional or village corporation as defined in or established pursuant to the Alaskan Native Claims Settlement Act, which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians; (3) "Secretary", unless otherwise designated, means the Secretary of the Interior; (4) "tribally controlled community college" means an institution of higher education which is formally controlled, or has been formally sanctioned, or chartered, by the governing body of an Indian tribe or tribes, except that no more than one such institution shall be recognized with respect to any such tribe; (5) "institution of higher education" means an institution of higher education as defined by section 1201(a) of the Higher Education Act of 1965, except that clause (2) of such section shall not 20 USC 1141 be applicable; (6) "national Indian organization" means an organization which the Secretary finds is nationally based, represents a substantial Indian constituency, and has expertise in the field of Indian education; and (7) "full-time equivalent Indian student" means the number of Indians enrolled full-time, and the full-time equivalent of the number of Indians enrolled part-time (determined on the basis of the quotient of the sum of the credit hours of all part-time students divided by twelve) in each tribally controlled community college, calculated on the basis of registrations as in effect at the conclusion of the sixth week of an academic term. TITLE I—TRIBALLY CONTROLLED COMMUNITY COLLEGES PURPOSE

SEC. 101. It is the purpose of this title to provide grants for the 25 USC 1802. operation and improvement of tribally controlled community colleges to insure continued and expanded educational opportunities for Indian students.

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 92 STAT. 1326

PUBLIC LAW 95-471—OCT. 17, 1978 OKANTKS AUTUOIUZP:D

25 USC 1803.

SEC. 102. (a) The Secretary is authoiized to make grants pursuant to this title to tribally controlled community colleges to aid in the postsecondary education of Indian students. (b) Grants made pursuant to this title shall go into the general operating funds of the institution to defray the expense of activities related to education programs for Indian students. Funds provided pursuant to this title shall not be used in connection with religious worship or sectarian instruction. ELIGIBLE ORANT RECIPIENTS

25 USC 1804.

.tea J

f

SEC. 103. To be eligible for assistance under this title, a tribally controlled community college must be one which— (1) is governed by a board of directors or board of trustees a majority of which are Indians; (2) demonstrates adherence to stated goals, a philosophy, or a plan of operation which is directed to meet the needs of Indians; and (3) if in operation for more than one year, has students a majority of whom are Indians. TECHNICAL ASSISTANCE CONTRACTS

25 USC 1805.

,....

Agreement. 25 USC 1806.

SEC. 104. The Secretary shall provide, upon request, technical assistance to tribally controlled community colleges either directly or through contract. In the awarding of contracts for technical assistance, preference shall be given to an organization designated by the tribally controlled community college to be assisted. No authority to enter into contracts provided by this section shall be effective except to the extent authorized in advance by appropriations Acts. FEASIBILITY

STUDIES

SEC. 105. (a) The Secretary is authorized to enter into an agreement with the Assistant Secretary of Education of the Department of Health, Education, and Welfare to assist the Bureau of Indian Affairs in developing plans, procedures, and criteria for conducting the feasibility studies required by this section. Such agreement shall provide for continuing technical assistance in the conduct of such studies. Feasibility (b) The Secretary, within thirty days after a request by any Indian study, tribe, shall initiate a feasibility study to determine whether there is justification to encourage and maintain a tribally controlled community college, and, upon a positive determination, shall aid in the preparation of grant applications and related budgets which will insure successful operation of such an institution. (c) Funds to carry out the purposes of this section for any fiscal year may be drawn from either— (1) general administrative appropriations to the Secretary made after the date of enactment of this Act for such fiscal year; or (2) not more than 10 per centum of the funds appropriated to .SOBi i:; i €•• > carry out section 106 for such fiscal year.

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