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 842

PUBLIC LAW 91-402-SEPT. 18, 1970

[84 STAT.

(C) by deleting- the word "Regular" before the words "niiuiing mate" in the two places they appear; and (D) by deleting the words "in the Eegular service" after the word "mate" in subsection (a). ac?/v?dutyrpro. (^2) Section 791 is amended to read as follows: motions. ' " (a) While serving on active duty other than active duty for train14 USC'rgf"*' i^.g'.or other than for duty on a board, a Reserve officer shall not be eligible for consideration for promotion or for promotion under the provisions of this subchapter. Such an officer shall be considered for promotion and promoted pursuant to appropriate provisions contained elsewhere in this title. If so promoted, such an officer shall be considered as having been promoted under this subchapter and shall be considered as an extra number in the grade to which promoted for the purpose of grade distribution prescribed in this subchapter and shall not be counted in such distribution until he is released from active duty. "(b) Notwithstanding provisions of subsection (a) of this section a Reserve officer who, at the time he reports for active duty has been recommended for promotion to the next higher grade under the provisions of this subchapter, shall be promoted to such grade subject to the same conditions as though selected under provisions of law applicable to a Reserve officer serving on active duty. "(c) A Reserve officer who, at the time he is released from active duty, has been recommended for promotion to the next higher grade under provisions of law applicable to a Reserve officer serving on active duty, shall be promoted to such grade subject to the same conditions as though selected under provisions of this subchapter. " (d) A failure of selection for promotion to the next higher grade shall be counted for all purposes regardless of whether it occurred under the provisions of this subchapter or under other provisions of law." (13) The following new sections are added: "§ 796. Failure of selection for promotion " (a) A Reserve officer, other than an officer serving in the ^rade of captain, who is, or is senior to, the junior officer in the promotion zone established for his grade, fails of selection if he is not selected for promotion by the selection board which considered him, or if having been recommended for promotion by the board, his name is thereafter removed from the report of the board by the President. "(b) An officer shall not be considered to have failed of selection if he was not considered by a selection board because of administrative error. If he is selected by the next succeeding selection board after the error is discovered and is promoted, he shall be given the date of rank and precedence that he would have held if he had been recommended for promotion by the selection board which would have considered him but for the error. "(c) Those officers of the Women's Reserve in the grades of lieutenant and lieutenant (junior grade) who are junior to the last officer selected by a board pursuant to subsection (i) of section 780 of this Ante. p. 83 9. ^^^.j^ shall uot be considered to have failed of selection, and the names of such officers shall be submitted to the next ensuing selection board. "§ 797. Promotion; acceptance; oath of office " (a) An officer who has been appointed under the provisions of this subchapter is considered to have accepted such appointment unless delivery of the appointment cannot be effected. "(b) An officer who has served continuously since he subscribed to the oath of office prescribed in section 3331 of title.5, United States

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 84 STAT.]

843

PUBLIC LAW 91-403-SEPT. 18, 1970

Code, is not required to take a new oath upon his appoint]ne]it in a higher grade. "§ 798. Rear admiral; maximum service in grade "A Reserve rear admiral, unless retained in or removed from an active status under other provisions of huv, shall be removed from an active status on the date he completes tive years of service in the permanent grade of rear admiral." SEC. 2. (a) Reserve officers in each grade who have been recommended as qualified for promotion under laws and regulations in effect the day before the effective date of this Act but not promoted to the grade for which they were recommended shall be placed on a list in the order of their precedence, and they shall be promoted as if they had been selected for promotion in the approved report of a selection board convened under the provisions of title 14, United States Code, as amended by this Act. (b) Reserve officers who have failed of selection for promotion to the next higher grade under laws and regulations in effect the day before the effective date of this Act shall be deemed to have failed of selection for promotion to the next higher grade under the provisions of title 14, United States Code, as amended by this Act. (c) The enactment of this Act does not terminate the appointment of any officer. Approved September 18, 1970.

80 Stat. 424.

63 Stat. 4 9 6.

Public Law 91-403 AN ACT

September 18, 1970

To ieiinlnirf>e the Ute Tribe of the Uintah and Ouray Keservation for tribal funds that were used to construct, operate, and maintain the Uintalt Indian irrigation project, Utah, and for other purposes.

[H. R. 16416]

Be it iruicted by the Senate and House of Reprcifcntative.s of thv r hi ted. Stat en of Aw erica in Congress assembled. That the Secretary of the Interior is authorized to reimburse the Ute Indian Tribe of the I'intah and Ouray Reservation in Utah for tribal funds that have been used for the construction, operation, and maintenance of the Uintah Iiulian irrigation project, Utah, computed and adjusted as follows: (a) With respect to construction charges, the tribal funds originally involved amounted to $920,112.74. From that sum there shall be deducted the amount of $275,864.25, which represents a reimbursement of tribal construction funds under a judgment of the United States Court of Claims for the portion of the construction costs chargeable against non-Indian lands. From the balance so calculated, there shall be deducted an amount equal to the construction charges against irrigable land (determined according to the appro\ed designation of 19(54) which were collected from the proceeds of sales of land and deposited in the tribal accounts. From the balance so calculated there shall be deducted $1,250, which represents the tribal funds used to purchase the following described lands, title to which was taken in the name of the United States and which hereafter shall be held by the United Stat<>,s in trust for the tribe: west half southwest quarter southeast (juarter southeast quarter section 18, township 1 south, range 1 east, containing 5 acres; south half southeast quarter northeast quarter northeast quarter sectifm.36, township 1 south, range 4 west, containing 5 acres; northeast quarter northeast quarter southwest quarter section 82, township 1 north, range 1 west, containing 10 acres; and

Uintah Indian irrigation project, Utah. Construction c o s t s, reimbursement.

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Page:United States Statutes at Large Volume 84 Part 1.djvu/902

 844

70 Stat. 936; 76 Stat. 597. 25 USC 677.

Mixed-blood members, payment.

Conditions.

PUBLIC LAW 91-403-SEPT. 18, 1970

[84 STAT.

soutlnvest quarter southwest quarter southwest quarter southwest quarter section 12, township 1 south, range 4 west, containing 2.5 acres, all in Uinta special base and meridian, Utah. The balance so calculated shall be increased by adding interest on the amounts that comprise the $920^112.74 from the end of the year in which each amount was originally used for the project to January 28, 1958, the date of the Court of Claims judgment, and interest from January 28, 1958, to the date of this Act on $920,112.74 adjusted by the deductions provided for in the foregoing provisions of this subsection. (b) With respect to operation and maintenance charges, the tribal funds originally involved amounted to $529,828.20. From that smn there shall be deducted the amount of $158,856.17, which represents a reimbursement of tribal operation and maintenance funds under a judgment of the United States Court of Claims for the portion of the operation and maintenance costs chargeable against non-Indian lands. I'rom the balance so calculated, there shall be deducted an amount equal to the operation and maintenance charges against irrigable land (determined according to the approved designation of 1964) which were collected from the proceeds of sales of land and other sources and deposited in the tribal accounts. The balance so calculated shall be increased by adding interest on the amounts that comprise the $529,828.20 from the end of the year in which each amount was originally used for the project to January 28, 1958, the date of the Court of Claims judgment, and interest on the amounts that comprise the balance calculated pursuant to the first three sentences of this subsection, from January 28, 1958, or the end of the year in which each amount was used for the project to the date of this Act. SEC. 2. The Secretary of the Interior is authorized to reimburse Indians and former members of the Ute Indian Tribe of the Uintah and Ouray Reservation terminated by the Act of August 27, 1954 (68 Stat. 868) who sold project lands that were nonirrigable (determined according to the approved designation of 1964) for the construction, operation, and maintenance charges which were collected from the proceeds of such sales. SEC. 8. Twenty-seven and (me hundred and sixty-two one-thousandths per centum (27.162.per centum) of the sum determined to be due the tribe under section 1 hereof shall be paid b} the Secretary of the Interior, notwithstanding any other provision of law, to the persons whose names appear on the roll of mixed-blood members that was prepared pursuant to section 8 of the Act of August 27, 1954, or to their heirs or legatees, under such rules as the Secretary may prescribe. All claims for payment by mixed-bloods shall be filed not later than three years from the date of this Act. Thereafter, all {'laims and the right to file the same shall be foreAer barred and the unclaimed shares shall revert to the I"te Indian Tribe of the Uintah and Ouray Reservation. SEC. 4. No part of any of the funds appropriated in accordance with the provisions of this Act shall be subject to attorneys' fees. SEC. 5. Reimbursement of the Ute Indian Tribe, its member-s, or its former members, as provided in this Act shall be regarded as a gratuity, shall not be regarded as the settlement of a claim against the United States, shall not be recognized as the basis for any claim against the Ignited States, and shall not prejudice any litigation now pending. Approved September 18, 1970. <

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 time a very unlikely thing to occur; and I suppose no man ever lived who was less likely to “cheat” or take advantage of another than my grandfather, Edward Austen. It is in the same vein of fun, or of originality, if the phrase be better, that she speaks (letter seven) of “the Captain John Gore, commanded by the ‘Triton,’” instead of “the ‘Triton,’ commanded by Captain John Gore,” and, in the postscript to the same letter, of her brother Frank being “much pleased with the prospect of having Captain Gore under his command,” when of course the relative position of the two was precisely the reverse. Many people will think this explanation superfluous, but I have so often met with matter-of-fact individuals who persist in taking everything in its plain and literal sense, that I think it well to make it. It is to this day a peculiarity of some of the Austens (and doubtless not confined to them) to talk and write nonsense to each other which, easily understood between themselves at the time, might have a curious appearance if published a hundred years hence.Such expressions as a “chutton mop” for “a mutton chop,” to clerge (i.e. to perform the duties of a clergyman), and to “ronge”—i.e. “to affect with a pleasing melancholy”—are well enough when used and appreciated in family letters and conversations, but might give rise [208]


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Page:United States Statutes at Large Volume 84 Part 1.djvu/903

 845

PUBLIC LAW 91-405-SEPT. 22, 1970

84 STAT.]

Public Law 91-404 AN ACT To provide for the disposition of funds to pay a judgment in favor of the Sac and Fox Tribes of Oklahoma in Indian Claims Commission docket numbered 220, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the funds appropriated by the Act of June 19, 1968 (82 Stat. 239), to pay a judgment by the Indian Claims Commission in docket numbered 220, together with interest thereon, after payment of attorneys' fees and other litigation expenses, may be advanced, deposited, expended, invested, or reinvested for any purposes that are authorized by the tribal governing body and approved by the Secretary of the Interior. SEC. 2. Any portion of such funds that may be distributed per capita to members of the tribe shall not be subject to Federal or State income tax. Approved September 19, 1970.

September 19, 1970

[H. R. 14827]

Sac and Fox T r i b e s, Okla. Judgment funds, disposition.

Tax exemption.

Public Law 91-405 AN ACT

To establish a Commission on the Organization of the Govevmneut of the District of Columbia and to provide for a Delegate to the House of Representatives from the District of Columbia.

Be it enacted by the Seriate and House of Repir-Hentdtives of the, United States of America in Congress assembled, '

•'

September22, 1970

[H. R. 18725.

commission on the Organization of the Government

TITLE I—COMMISSION ON THE ORGANIZATION O F THE °J Jhe District of Columbia.

G O V E R N M ENT OF THE DISTRICT OF (COLUMBIA DECLARATION OF POLICY

101. I t is hereby declared to be the policy of Congress to promote economj^, efficiency, and improved service in the transaction of the public business in the departments, bureaus, agencies, lx)ards, commissions, offices, independent establishments, and instrumentalities of the District of Columbia by— (1) recommending methods and procedures for reducing expenditures to the lowest amount consistent with the efficient performance of essential services, activities, and functions; (2) eliminating duplication and overlapping of services, activities, and functions; SECTION

Establishment.

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 846

PUBLIC LAW 91-405-SEPT. 22, 1970

[84 STAT.

(3) consolidating services, activities, and functions of a similar nature; (4) abolishing services, activities, and functions not necessary to the efficient conduct of government; (5) eliminating nonessential services, functions, and activities which are competitive with private enterprise; (6) defining responsibilities of officials; and (7) relocating agencies now responsible directly to the Commissioner of the District of Columbia in departments or other agencies. ESTABLISHMENT OF THE COMMISSION ON THE ORGANIZATION OF THE GOVE R N M E N To r THE DISTRICT OF COLUMBIA

SEC. 102. For the purpose of carrying out the policy set forth in section 101 of this title, there is established a commission to be known as the Commission on the Organization of the (xovernment of the District of Columbia (hereafter in this title referred to as the "Commission"). DUTIES OP THE Organization and methods study.

Reports to Congress.

Termination.

COMMISSION

SEC. 103. (a) The Commission shall study and investigate the present organization and methods of operation of all departments, bureaus, agencies, boards, commissions, offices, independent establishments, and instrumentalities of the government of the District of Columbia (other than the courts of the District of Columbia) to determine what changes are necessary to accomplish the purposes set forth in section 101 of this title. (b) The Commission shall submit interim reports at such time, or times, as the Commission deems necessary, shall submit a comprehensive report of its activities and the results of its studies to the Congress within six months after the date of enactment of this Act, and shall submit its final report not later than six months after the filing of its comprehensive report. Upon filing its final report the Commission shall cease to exist. The final report of the Commission may propose such legislative enactments and administrative actions as in its judgment are necessary to carry out its recommendations. M E M B E R S H I P OF COMMISSION

Presidential appointments.

SEC. 104. The Commission shall be composed of twelve members appointed as follows: (1) Four members shall be appointed by the President of the United States. Two members so appointed shall be from the executive branch of the Federal Government or from the government of the District of Columbia, and two shall be from private life.

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 84 STAT. ]

PUBLIC LAW 91-405-SEPT. 22, 1970

847

(2) Four members shall be appointed jointly by the President of the Senate, the Chairman of the Committee on the District of Columbia of the Senate, and the Chairman of the subcommittee of the Committee on Appropriations of the Senate which has jurisdiction over appropriations for the District of Columbia. Two members so appointed shall be from the Senate, and two shall be from private life. (3) Four members shall be appointed by the Speaker of the House of Representatives on the advice of the chairman of the Committee on the District of Columbia of the House of Representatives and the chairman of the subcommittee of the Committee on Appropriations which has jurisdiction over appropriations for the District of Columbia. Two members so appointed shall be from the House of Representatives, and two shall be from private life. The members shall be appointed within thirty days following the date of the enactment of this Act. Any vacancy in the Commission shall be filled in the same manner in which the original appointment was made. COMPENSATION OF COMMISSION

MEMBERS

SEC. 105. (a) Members of the Commission who are Members of the Congress or full-time officers or employees of the United States or the District of Columbia shall receive no additional compensation on account of their service on the Commission. The other members of the Commission shall be entitled to receive the daily equivalent of the rate now or hereafter provided for grade GS-18 of the General Schedule for each day (including traveltime) during which they are engaged in the actual performance of duties vested in the Commission. (b) While traveling on official business in the performance of services for -the Commission, members of the Commission shall be allowed expenses of travel, including per diem instead of subsistence, in accordance with subchapter I of chapter 57 of title 5, United States Code. ORGANIZATION A N D POWERS OF THE COMMISSION

Ante,

p. 198-1.

Travel expenses.

80 Stat. 498; Post, p. 1081. 5 USC 5701.

SEC. 106. (a) The Commission shall elect a Chairman and a Vice chairman and Chairman from among its members. Seven members of the Commis- ^'''^ chairman. sion shall constitute a quorum. (b) The head of any Federal agency or agency of the District of ^f^^l^^°^^^ Columbia is authorized to detail, on a reimbursable basis, any of its ^*^'' personnel to assist in carrying out the duties of the Commission. The Administrator of General Services shall provide financial and administrative support services for the Commission on a reimbursable basis.

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Page:United States Statutes at Large Volume 84 Part 1.djvu/906

 848 Compensation of personnel. 80 Stat. 378. 5 USC 101 et seq. 80 Stat. 443, 459. 5 USC 5101, 5311. Experts and consultants. Power to hold hearings, issue subpenas, etc.

D.e, agency, information.

PUBLIC LAW 91-405-SEPT. 22, 1970

[84 STAT.

(c) The Commission may appoint and fix the compensation of such personnel as it deems advisable. Such personnel may be appointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and may be paid without regard to the provisions of chapter 51 and subchapter II of chapter 53 of such title relating to classification and General Schedule pay rates. (d) The Commission may obtain services of experts in accordance with the provisions of section 3109 of title 5, United States Code. (e) The Commission, or, on the authorization of the Commission, any subcommittee or member thereof, may, for the purpose of carrying out the provisions of this title, hold such hearings, sit and act at such times and places, administer such oaths, and require, by subpena or otherwise, the attendance and testimony of such witnesses and the production of such books, records, correspondence, memorandums, papers, and documents as the Commission or such subcommittee or member may deem advisable. Subpenas may be issued under the signature of the Chairman of the Commission, of the chairman of such subcommittee, or of any duly designated member, and may be served by any person designated by the Chairman or by such subcommittee chairman or member. The provisions of sections 102 to 104, inclusive, of the Revised Statutes of the United States (2 U.S.C. 192-194) shall apply in the case of any failure of any witness to comply with any subpena or to testify when summoned under authority of this subsection. (f) The Commission may secure directly from any department, bureau, agency, board, commission, office, independent establishment, or instrumentality of the District of Columbia information, suggestions, estimates, and statistics for the purpose of this title; and each such department, bureau, agency, board, commission, office, establishment, or nstrumentality shall furnish such information, suggestions, estimates, and statistics directly to the Commission, upon request by the Chairman or Vice Chairman. TITLE II — DISTRICT OF C O L U M B I A D E L E G A T E TO THE HOUSE OF REPRESENTATIVES SHORT TITLE

Citation of title.

SEC. 201. This title may be cited as the "District of Columbia Delesrate Act". DELEGATE TO THE HOUSE OF REPRESENTATIVES

Election of delegate; nonvoting provision.

69 Stat. 699; 82 Stat. 106. D.e. Code 11101 note.

SEC. 202. (a) The pec^le of the District of Columbia shall be represented in the House of Representatives by a Delegate, to be known as the "Delegate to the House of Representatives from the District of Columbia", who shall be elected by the voters of the District of Columbia in accordance with the District of Columbia Election Act. The Delegate shall have a seat in the House of Representatives, with the right of debate, but not of voting, shall have a,ll the privileges granted a Representative by section 6 of Article I of the Constitution, and shall be subject to the same restrictions and regulations as are imposed by

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Page:United States Statutes at Large Volume 84 Part 1.djvu/907

 84 STAT. ]

PUBLIC LAW 91-405-SEPT. 22, 1970

849

law or rules on Representatives. The Delegate shall be elected to serve during each Congress. (b) No individual may hold the office of Delegate to the House of Qualifications. Representatives from the District of Columbia unless on the date of his election— (1) he is a qualified elector (as that term is defined in section 2(2) of the District of Columbia Election Act) of the District of 75 Stat.^820^'' Columbia; D.c.'code i(2) he is at least twenty-five years of age; ^^°^" (^) he holds no other paid public office; and (4) he has resided in the District of Columbia continuously since the beginning of the three-year period ending on such date. He shall forfeit his office upon failure to maintain the qualifications required by this subsection. AMENDMENTS TO THE DISTRICT O F COLUMBIA ELECTION ACT

SEC. 203. (a) Section 2 of the District of Columbia Election Act (D.C. Code, sec. 1-1102) is amended by adding at the end thereof ^^ Stat. 103. the following new paragraph: "(6) The term 'Delegate' means the Delegate to the House of "delegate." Representatives from the District of Columbia." (b) Subsections (h), (i), (j), and (k) of section 8 of the District eiS^provi-"'^ of Columbia Election Act (D.C. Code, sec. 1-1108) are redesignated sions^ 82 Stat. 103. as subsections (n), (o), (p), and (q), respectively, and the following new subsections are inserted after subsection (g): " (h) The Delegate shall be elected by the people of the District of Columbia in a general election. The nomination and election of the Delegate and the candidates for office of Delegate shall be governed by the provisions of this Act. Each candidate for the office of Delegate in any general election shall, except as otherwise provided in subsection (j) of this section and in section 10(d), have been elected as ggf"^ ^^' ^^'^' such a candidate by the next preceding primary or party runoff election. No political party shall be qualified to hold a primary election to select candidates tor election to the office of Delegate in a general election unless, in the next preceding election year, at least seven thousand five hundred votes were cast in the general election for a candidate of such party for the office of Delegate or for its candidates for electors of President and Vice President. " (i) Each candidate in a primary election for the office of Delegate nom?n"aang^^^*°"' shall be nominated for such office by a petition (1) filed with the petition. Board not later than forty-five days before the date of such primary election; (2) signed by at least two thousand persons who are duly c. registered under section 7 and who are of the same political party as no?^ the nominee; and (3) accompanied by a filing fee of $100. Such fee may be refunded only in the event that the candidate withdraws his nomination by writing received hj the Board not later than three days after the date on which nominations are closed under this subsection. A nominating petition for a candidate in a primary election for the office of Delegate may not be circulated for signature before the ninety-ninth day preceding the date of such election and may not be filed with the Board before the seventieth day preceding such date. The Board may prescribe rules with respect to the preparation

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 PUBLIC LAW 91-405-SEPT. 22, 1970

850

Direct nomination, petition.

69 Stat. 700; 75 Stat. 817; 82 Stat. 103. D.C. Code 11107.

Post,

p. 851.

Elections. 82 Stat. 105.

Dates. Post,

p. 855.

[84 STAT.

and presentation of nominating petitions and the posting and disposition of filing fees. The Board shall arrange the ballot of each political party in each such primary election so as to enable a voter of such party to vote for any one duly nominated candidate of that party for the office of Delegate. "(j)(1) A duly qualified candidate for the office of Delegate may, subject to the provisions of this subsection, be nominated directly as such a candidate for election in the next succeeding general election for such office (including any such election to be held to fill a vacancy). Such person shall be nominated by a petition (A) filed with the Board not less than forty-five days before the date of such general election; (B) signed by duly registered voters equal in number to 2 per centum of the total number of registered voters of the District, as shown by the records of the Board as of ninety-nine days before the date of such election, or by five thousand persons duly registered under section 7, whichever is less; and (C) accompanied by a filing fee of $100. Such fee may be refunded only in the event that the candidate withdraws his nomination by writing received by the Board not later than three days after the date on which nominations are closed under this subsection. No signatures on such a petition may be counted which have been made on such petition more than ninetynine days before the date of such election. "(2) Nominations under this subsection for candidates for election in a general election for the office of Delegate shall be of no force and effect with respect to any person whose name has appeared on the ballot of a primary election for such office held within eight months before the date of such general election. " (k) I n each general election for the office of Delegate, the Board shall arrange the ballots so as to enable a voter to vote for any one of the candidates for such office who (1) has been duly elected by any political party in the next preceding primary or party runoff election for such office, (2) has been duly nominated to fill vacancies in such office pursuant to subsection (d) of section 10, or (3) has been nominated directly as a candidate under subsection (j) of this section. "(1) The signature of a registered voter on any petition filed with the Board and nominating a candidate for election in a primary or general election to any office shall not be counted if, after receipt of a timely challenge to such effect, the Board determines such voter also signed any other valid petition, filed earlier with the Board, and nominating the same or any other candidate for the same office in the same election. " (m) Designations of offices of local party committees to be filled by election pursuant to clause (3) of the first section of this Act shall be effected by written communications filed with the Board not later than ninety days before the date of such election." (c) Section 10 of the District of Columbia Election Act (D.C. Code, sec. 1-1110) is amended as follows: (1) Subsection (a) of such section is amended by redesignating paragraphs (^), (4), (5), and (6) as paragraphs (6), (7), (8), and (9), respectively, and by inserting after paragraph (2) the following new paragraphs: "(3) Except as otherwise provided in the case of special elections under this Act or section 206(a) of the District of Columbia Delegate Act, primary elections of each political party for the office of Delegate

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Page:The Eurypterida of New York Volume 1.pdf/134

 The telson exhibits two very distinct lines of development. It is lanceolate in most genera, notably Eurypterus, Dolichopterus, Eusarcus and Hughmilleria, becoming in extreme cases styliform, as in the Stylonuri and some of the earlier Eurypteri and the later Anthraconectes; then again it is broad and bilobed in the subgenus Erettopterus. Laurie leaves the question open as to which style of telson is the more primitive, the geological succession having given him no clue. He suggests, however, that as the pointed telson is characteristic of the earlier trilobites, it also is of the eurypterids. Our investigation supports this suggestion. Strabops possesses a short and blunt pointed telson which fully corresponds with the telson of the Siluric larvae, indicating that this is the primitive form of that organ. The primitive Hughmilleria possesses a similar telson, though it already exhibits a tendency to a broadening and flattening of the proximal portion. Slimonia has this tendency still more developed, so that the telson appears as lanceolate with winglike lateral extensions of the anterior half. A reduction of the posterior spine may then be conceived to produce the telson of Pterygotus, and a further suppression of the axial lanceolate portion would lead to the bilobed telson of Erettopterus. The telson of Hughmilleria, Slimonia, Pterygotus and Erettopterus thus seems to present a continuous series of developmental stages, and the pointed or bluntly lanceolate-triangular form to be that of the prototype of the eurypterids.

Genealogy. In the preceding reconstruction of the prototype we have indicated our views of the genetic relationships of some of the genera,


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Page:United States Statutes at Large Volume 84 Part 1.djvu/909

 84 STAT. ]

PUBLIC LAW 91-405-SEPT. 22, 1970

851

to the House of Representatives shall be held on the hrst Tuesday in May of each even-numbered year; and general elections for such office shall be held on the Tuesday next after the first Monday in November of each even-numbered year. "(4) Runoff elections shall be held whenever (A) in any primary Runoffs. election of a political party for candidates for the office of Delegate, no one candidate receives at least 40 per centum of the total votes cast in that election for all candidates of that party for that office, and (B) in any general election for the office of Delegate, no one candidate receives at least 40 per centum of the total votes cast in that election for all candidates for that office. Any such runoff election shall be held not less than two weeks nor more than six weeks after the date on which the Board has determined the results of the preceding primary or general election, as the case may be. At the time of announcing any such determination, the Board shall establish and announce the date on which the runoff election will be held, if one is required. The candidates in a n j such runoff election shall be the two persons who received, respectively, the two highest numbers of votes in such preceding primary or general election; except that if any person withdraws his candidacy from such runoff election (under the rules and within the time limits prescribed by the Board), the person who received the next highest number of votes in such preceding primary or general election and who is not already a candidate in the runoff election shall automatically become such a candidate. "(5) With respect to special elections required or authorized by ^1^^^^^^^ this Act, the Board may establish the dates on which such special elections are to be held and prescribe such other terms and conditions as may in the Board's opinion be necessary or appropriate for the conduct of such elections in a manner comparable to that prescribed for other elections held pursuant to this Act." (2) The last sentence of paragraph (9) of subsection (a) of such section (as so redesignated by paragraph (1) of this subsection) is ^"Q^'^;^^^°: amended by striking out " (5) " and inserting in lieu thereof " (8) ". mb.' (3) Subsection (b) of such section is amended by inserting "the 82 Stat. loe. office of Delegate and for" after "general elections for". (4) Subsection (c) of such section is amended (A) by striking out ^9 Stat. 702. "a tie vote in" and inserting in lieu thereof "a tie vote, the resolution of which will affect the outcome of"; and (B) by striking out "ten days following the election" and inserting in lieu thereof "ten days following determination by the Board of the results of the election which require the resolution of such tie". (5) Subsection (d) of such section is amended (A) by inserting "a ^s^stat'sVg. Delegate or a winner of a primary election for the office of Delegate or" after "any official, other than"; and (B) by adding at the end thereof the following new sentence: "In the event that such a vacancy occurs in the office of a candidate for the office of Delegate who has been declared the winner in the preceding primary or party runoff election for such office, the vacancy may be filled not later than fifteen days prior to the next general election for such office, by nomination by the party committee of the party which nominated his predecessor, and by paying the filing fee required by section 8(i). In the event ^nte.p. 849. that such a vacancy occurs in the office of Delegate more than twelve months before the expiration of its term of office, the Board shall call special elections to fill such vacancy for the remainder of its term of office."

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 852

PUBLIC LAW 91-405-SEPT. 22, 1970

[84 STAT.

OTHER PROVISIONS A N D AMENDMENTS RELATING TO THE ESTABLISHMENT OF A DELEGATE TO THE H O U S E OF REPRESENTATIVES FROM THE DISTRICT OF COLUMBIA

2 USC 25. 83 Stat. 863. 38 Stat. 458. 73 Stat. 224. 48 Stat. 1024.

82 Stat. 318. 81 Stat. 38. 61 Stat. 366. 70 Stat. 31. 80 Stat. 1064.

19 Stat. 145. 33 Stat. 1. 82 Stat. 318. p 80 Stat.^ 369; °^' ^* 26 Stat. 645, g 2 6 Stat. 645, ^^ 70 Stat. 990. 64 Stat. 8 2. 83 Stat. 291. 79 Stat. 857. 78^s ^'^1084°'

43 Stat. 1070. 2 ^^^ 256. . u s e..V,.

83"st"atr284. 2 USC 381 note. 80 Stat. 409.

15?- 70°!'s\tt 429.

SEC. 204. (a) The provisions of law which appear in— (1) section 25 (relating to oath of office), (2) section 31 (relating to compensation), (3) section 34 (relating to payment of compensation), (4) section 35 (relating to payment of compensation), (5) section 37 (relating topaymentof Compensation), (6) section 38a (relating to compensation), (7) section 39 (relating to deductions for absence), (8) section 40 (relating to deductions for withdrawal), (9) section 40a (relating to deductions for delinquent indebtedness), (10) section 41 (relating to prohibition on allowance for newspapers), (11) section 42c (relating topostage allowance), (12) section 46b (relatingto stationery allowance), (13) section 46b-l (relatingto Stationery allowance), (14) section 46b-2 (relating to stationery allowance), (15) section 46g (relating to telephone, telegraph, and radiotelegraph allowance), (16) section 47 (relating to payment of compensation), (17) section 48 (relating to payment of compensat'on), /18) section 49 (relatingto payment of compensation), (19) section 50 (relating to payment of compensation), (20) section 54 (relating to provision of United States C'ode Annotated or Federal Code Annotated), (21) section 60g-l (relating to clerk hire), (22) sect'on60g-2(a) (relatingto interns), (23) section 80 (relating to payment of compeiisation), (24) section 81 (relating to payment of compensation), (25) section 82 (relating to payment of compensation), (26) section 92 (relating to clerk hire), (27) section 92b (relating to pay of clerical assistants), (28) section 112e (relating to electrical and mechanical office equipment), (29) section 122 (relating to office space in the District of Columbia), and ^^^^ section 123b (relating to use of House Eecording Studio), of title 2 of the United States Code shall apply with respect to the Delegate to the House of Representatives from the District of Columbia in the same manner and to the same extent as they apply ^^^^ respect to a Representative. The Federal Corrupt Practices Act and the Federal Contested Election Act shall apply with respect to the Delegate to the House of Representatives from the District of Columbia in the same manner and to the same extent as they apply with respect to a Representative. (fo) Section 2106 of title 5 of the United States Code is amended by inserting "a Delegate from the District of Columbia," immediate! after "House of Representatives,". (c) Sections 4342(a)(5), 6954(a)(5), and 9342(a)(5) of title ±0 ^^ *^^ United States Code are each amended by striking out "by the

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PUBLIC LAW 91-405-SEPT. 22, 1970

853

Commissioner of that District" and inserting in lieu thereof "by the Delegate to the House of Representatives from the District of Columbia". (d)(1) Section 201(a) of title 18 of the United States Code is amended by inserting "the Delegate from the District of Columbia," immediately after "Member of Congress,". (2) Sections 203(a)(1) and 204 of title 18 of the United States Code are each amended by inserting "Delegate from the District of Columbia, Delegate Elect from the District of Columbia," immediately after "Member of Congress Elect,". (3) Section 203(b) of title 18 of the United States Code is amended by inserting "Delegate," immediately after "Member,". (4) The last undesignated paragraph of section 591 of title 18 of the United States Code is amended by inserting "the District of Columbia and" immediately after "includes". (5) Section 594 of title 18 of the United States Code is amended (1) by striking out "or" immediately after "Senate,", and (2) by striking out "Delegates or Commissioners from the Territories and possessions" and inserting in lieu thereof "Delegate from the District of Columbia, or Resident Commissioner". (6) Section 595 of title 18 of the United States Cbde is amended by striking out "or Delegate or Resident Commissioner from any Territory or Possession" and inserting in lieu thereof "Delegate from the District of Columbia, or Resident Commissioner". (e) Section 11(c) of the Voting Rights Act of 1965 (42 U.S.C. 1973i(c)) is amended by striking out "or Delegates or Commissioners from the territories or possessions" and inserting in lieu thereof "Delegate from the District of Columbia". (f) The second sentence in the second paragraph of section 7 of the District of Columbia Alcoholic Beverage Control Act (D.C. Code, sec. 25-107) is amended by striking out "the presidential election" and inserting in lieu thereof "any election". M I S C E L L A N E O U S AMENDMENTS OF DISTRICT OF COLUMBIA ELECTION

^e Stat. 1119.

^^ Stat. 719.

79 Stat. 443.

75 Stat. 820.

ACT

SEC. 205. (a) Clause (A) of paragraph (2) of section 2 of the "Quaimed District of Columbia Election Act (D.C. Code, sec. 1-1102J is amended ^^75*s[at'. 820. by inserting "or has been domiciled" after "has resided". (b) Paragraph (2) of subsection (a) of section 8 of the District Nomination by of Columbia Election Act (D.C. Code, sec. 1-1108) is amended by Tg^sta't. 701. striking out "one hundred" and inserting in lieu thereof "two hundred". (c) The first sentence of section 9(b) of the District of Columbia Method of Election Act (D.C. Code, sec. 1-1109) is amended by striking out "The ''°75'Stat. 819. vote" and by inserting in lieu thereof "Except as otherwise provided by regulation of the Board, the vote". (d) Section 9(f) of the District of Columbia Election Act is amended by striking out the first and second sentences and inserting in lieu thereof the following: "If a qualified elector is unable to record his vote by marking the ballot or operating the voting machine an official of the polling place shall, on the request of the voter, enter the voting booth and comply with the voter's directions with respect to recording his vote. Upon the request of any such voter, a second official of the polling place shall also enter the voting booth and witness the recordation of the voter's directions. The official or officials shall in no way influence or attempt to influence the voter's decisions, and shall tell no one how the voter voted." (e)(1) The first section of the District of Columbia Election Act (D.C. Code, sec. 1-1101) is amended (A) by inserting after "Vice 82 Stat. 103.

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854

69 Stat. 702; 75 Stat. 818, 819. D.C. Code 1-1108, 1-1110.

Watchers at polling p l a c e s. D.C. Code 1-1109.

Rules and regulations.

Supra; p. 849.

Ante,

Board members' compensation. 69 Stat. 699.

Election expense statements. F a l s e registration.

[84 STAT.

President of the United States" the following: ", the Delegate to the House of Representatives"; (B) by inserting "and" after the semicolon in clause (2); and (C) by striking out clause (3) and redesignating clause (4) as clause (3). (2) Sections 8(a) and 10(a)(1) of the District of Columbia Election Act are each amended (A) by striking out "clauses (1), (2), and (3) " and inserting in lieu thereof "clauses (1) and (2)," and (2) by striking out "clause (4) " and inserting in lieu thereof "clause (3)". (f) Section 8(c) of the District of Columbia Election Act is amended (1) by striking out "The Board shall" and inserting in lieu thereof "Except as otherwise provided, the Board shall", and (2) by amending paragraph (1) to read as follows: "(1) to vote, in any election of officials referred to in clauses (1) and (2) of the first section of this Act and of officials designated pursuant to clause (3) of such section, separately or by slates for the candidates duly qualified and nominated for election to each such office or group of offices by such party under subsections (a) and (b) of this section; and". (g) Section 9(c) of the District of Columbia Election Act is amended to read as follows: "(c) Any group of qualified electors interested in the outcome of an election may, not less than two weeks prior to such election, petition the Board for credentials authorizing watchers at one or more polling places at the next election during voting hours and until the count has been completed. The Board shall formulate rules and regulations not inconsistent with this Act to prescribe the form of watchers' credentials, to govern the conduct of such watchers, and to limit the number of watchers so that the conduct of the election will not be unreasonably obstructed. Subject to such rules and regulations, watchers may challenge prospective voters whom the watchers believe to be unqualified to vote." (h) Section 9 of the District of Columbia Election Act is amended (1) bj redesignating subsection (h) as subsection (i), and (2) by inserting after subsection (g) the following new subsection: " (h) I n the event that the total number of candidates of one party nominated to an office or group of offices of that party pursuant to section 8(a) or 8(1) of this Act does not exceed the number of such offices to be filled, the Board may, prior to election day and, notwithstanding the provisions of section 8(c) or 8(i) of this Act, declare the candidates so nominated to be elected without opposition, in which case the fact of their election pursuant to this paragraph shall appear for the information of the voters on any ballot prepared by the Board for their party for the election of other candidates in the same election." (i) The first sentence of section 4(b) of the District of Columbia Election Act (D.C. Code, sec. 1-1104) is amended to read as follows: "Each member of the Board shall be paid compensation at the rate of $50 per day, with a limit of $2,500 per annum, while performing duties under this Act." (j) Subsection (e) of section 13 of the District of Columbia Election Act (D.C. Code, sec. 1-1113) is amended by striking out "ten days" and inserting in lieu thereof "thirty days". (k) Section 14 of the District of Columbia Election Act (D.C, Code, sec. 1-1114) is amended by striking out "his place of residence or his voting privilege in any other part of the United States" and inserting in lieu thereof "his qualifications for voting or for holding elective office, or be guilty of violating section 9,12, or 13 of this Act".

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PUBLIC LAW 91-406-SEPT. 23, 1970

855

(1) Subsection (g) of section 9 of the District of Columbia Klec- tio^"""^'•^^''•'^' tion Act is amended to read as follows: 75 stat, 819. " (g) No person shall vote more than once in any election nor shall ^ ^^^- ^°^^ any person vote in a primary or party runoff election held by a political party other than that to which he has declared himself to be a member." (m) Subsection (b) of section 13 of the District of Columbia Elec- fgPgl^f.^T'o!;' tion Act is amended (1) by inserting after "Vice President," the 75 Stat.ji9. D.C. following: "Delegate,"; (2) by inserting "or" after "committee- 1-1113. Code woman,"; and (3) by striking out "or alternate,". (n) Subsection (d) of section 13 of the District of Columbia FAection Act is amended (1) by inserting "Delegate," after "elector,"; (2) by inserting "or" after "committeewoman,"; and (3) by striking out ", or alternate". FIRST ELECTIONS AND EFFECTIVE DATE

SEC. 206. (a) Before the expiration of the seven-calendar-month period beginning on the first day of the first calendar month beginning on or after the date of the enactment of this Act, the Board of Elections of the District of Columbia shall— (1) conduct such special elections as may be necessary to select candidates for the office of Delegate to the House of Representatives from the District of Columbia; (2) provide for the direct nomination by petition of candidates for such offilces; and (3) conduct such other special elections as may be necessary to select from such candidates the Delegate to the House of Representatives from the District of Columbia. The Board of Elections shall prescribe the date on which each election under paragraphs (1) and (3) shall be held, the dates for the circulation and filing of nominating petitions for such elections, and such other terms and conditions which it deems necessary for the conduct of such elections within the period prescribed by this subsection. Nominating petitions for an election under paragraph (1) shall meet the requirements of clauses (2) and (3) of section 8(i) of the District of Columbia Election Act and nominating petitions under paragraph (2) shall meet the requirements of clauses (B) and (C) of section 8(j)(1) of such Act.

Ante, p. 849. ^ " ' e, p. 850.

(b) This title and the amendments made by this title shall take effect on the date of its enactment. Approved September 22, 1970.

Public Law 91-406 AN ACT September 23, 1970 To amend the National Aeronautic^ and Space Act of 15)58 to provide that the [ H. R. 16539] Secretary of Transportation shall be a member of the National Aeronautics and Space Council,

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 201(a) nauacs"andVr" of the National Aeronautics and Space Act of 1958 (42 U.S.C. 2471 (a)) councu.^" ^^''^ is amended by redesignating paragraphs (4) and (5) as paragraphs Membership. (5) and (6), respectively, and by inserting after j^aragraph (3) the following new paragraph: " (4) the Secretary of Transportation;". Approved September 23, 1970. 47-348 O - 72 - 58 (Pt. 1)

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 856

PUBLIC LAW 91-407-SEPT. 25, 1970

[84 STAT.

Public Law 91-407 September 25, 1970 [S. J. R e s. 67]

33 USC S67b.

Compact for creation of Potomac Valley Conservancy District and Inters t a t e Commission on the Potomac River B a s i n, amendment.

JOINT RESOLUTION (Granting the consent of Congress to the States of Maryland and West Virginia and the Commonwealths of Virginia and Pennsylvania and the District of Columbia, as signatory bodies, for certain amendments to the compact creating the Potomac Valley Conservancy District and establishing the Interstate Commission on the Potomac River Basin.

Whereas, by Public Resolution Numbered 93, Seventy-sixth Congress, third session, approved July 11, 1940 (54 Stat. 748), Congress granted consent to the States of Maryland and West Virginia and the Commonwealths of Virginia and Pennsylvania and the District of Columbia, hereinafter designated signatory bodies, to enter into a compact for the creation of a Potomac Valley Conservancy District and the establishment of the Interstate Commission on the Potomac River Basin; and Whereas, all said signatory bodies have entered into said compact; and Whereas, all the said signatory bodies have adopted identical proposed amendments to said compact, for which they seek the consent of Congress, by virtue of which amendments said compact will read as follows: "COMPACT it is recognized that abatement of existing pollution and the control of future pollution of interstate streams can best be promoted through a joint agency representing the several states located wholly or in part within the area drained by any such interstate stream; and "WHEREAS, the Congress of the United States has given its consent to the States of Maryland and West Virginia, the Commonwealths of Pennsylvania and Virginia, and the District of Columbia to enter into a compact providing for the creation of a conservancy district to consist of the drainage basin of the Potomac river and the main and tributary streams therein, for 'the purpose of regulating, controlling, preventing, or otherwise rendering unobjectionable and harmless the pollution of the waters of said Potomac drainage area by sewage and industrial and other wastes'; and "WHEREAS, the regulation, control and prevention of pollution is directly affected by the quantities of water in said streams and the uses to which such water may be put, thereby requiring integration and coordination of the planning for the development and use of the water and associated land resources through cooperation with, and support and coordination of, the activities of Federal, State, local and private agencies, groups, and interests concerned with the development, utilization and conservation of the water and associated land resources of the said conservancy district; "Now, therefore, the States of Maryland and West Virginia, the ("Commonwealths of Pennsylvania and Virginia, and the District of Columbia, hereinafter designated signatory bodies, do hereby create the Potomac Valley Conservancy District, hereinafter designated the Conservancy District, comprising all of the area drained by the Potomac River and its tributaries; and also, da hereby create, as an agency of each signatory body, the I n t e r ^ t e Commission on the Potomac River Basin, hereinafter designated the Commission, under the articles of organization as set forth below. "WHEREAS,

O iH-Yi-

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 84 STAT. ]

PUBLIC LAW 91-407-SEPT. 25, 1970 "ARTICLE I

"The Interstate Commission on the Potomac River Basin shall consist of three members from each signatory body and three members appointed by the President of the United States. Said Commissioners, other than thoee appointed by the President, shall be chosen in a manner and for the terms provided by law of the signatory body from Vv'hich they are appointed and shall serve without compensation from the Commission but shall be paid by the Commission their actual expenses incurred and incident to the performance of their duties. " (A). The Commission shall meet and organize within thirty days after the effective date of this compact, shall elect from its number a chairman and vice-chairman, shall adopt suitable bylaws, shall make, adopt and promulgate such rules and regulations as are necessary for its management and control, and shall adopt a seal. " (B). The Commission shall appoint and, at its pleasure, remove or discharge such officers and legal, engineering, clerical, exjiert and other assistants as may be required to carry the provisions of this compact into effect, and shall determine tneir qualifications and fix their duties and compensation. Such personnel as may be employed shall be employed without regard to any civil service or other similar requirements for employees of any of the signatory bodies. The Commission may maintain one or more offices for the transaction of its business and may meet at any time or place within the area of the signatory bodies. " (C). The Commission shall keep accurate accounts of all receipts and disbursements and shall make an annual report thereof and shall in such report set forth in detail the operations and transactions conducted by it pursuant to this compact. The Commission, however, shall not incur any obligations for administrative or other expenses prior to the making of appropriations adequate to meet the same nor shall it in any way pledge the credit of any of the signatory bodies. Each of the signatory bodies reserves the right to make at any time an examination and audit of the accounts of the Commission. " (D). A quorum of the Commission shall, for the transaction of business, the exercise of any powers, or the performance of any duties, consist of at least six members of the Commission who shall represent at least a majority of the signatory bodies: Provided, however, That no action of the Commission relating to policy or stream classification or standards shall be binding on any one of the signatory bodies unless at least two of the Commissioners from such signatory body shall vote in favor thereof. "ARTICLE II "The Commission shall have the power: " (A). To collect, analyze, interpret, coordinate, tabulate, summarize and distribute technical and other data relative to, and to conduct studies, sponsor research and prepare reports on, pollution and other water problems of the Conservancy District. " (B). To cooperate with the legislative and administrative agencies of the signatory bodies, or the equivalent thereof, and with other commissions and Federal, local governmental and non-governmental agencies, organizations, groups and persons for the purpose of promoting uniform laws, rules or regulations for

857

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 858

PUBLIC LAW 91-407-SEPT. 25, 1970

[84 STAT.

the abatement and control of pollution of streams and the utilization, conservation and development of the water and associated land resources in the said Conservancy District. " (C). To disseminate to the public information in relation to stream pollution problems and the utilization, conservation and development of the water and associated land resources of the Conservancy District and on the aims, views, purposes and recommendations of the Commission in relation thereto. " (D). To cooperate with, assist, and provide liaison for and among, public and non-public agencies and organizations concerned with pollution and other water problems in the formulation and coordination of plans, programs and other activities relating to stream pollution or to the utilization, conservation or development of water or associated land resources, and to sponsor cooperative action in connection with the foregoing. " (E). I n its discretion and at any time during or after the formulation thereof, to review and to comment upon any plan or program of any public or private agency or organization relating to stream pollution or the utilization, conservation or development of water or associated land resources. " (F)(1). To make, and, if needful from time to time, revise and recommend to the signatory bodies, reasonable minimum standards for the treatment of sewage and industrial or other wastes now discharged or to be discharged in the future to the streams of the Conservancy District, and also for cleanliness of the various streams in the Conservancy District. " (2). To establish reasonable physical, chemical and bacteriological standards of water quality satisfactory for various classifications of use. I t is agreed that each of the signatory bodies through appropriate agencies will prepare a classification of its interstate waters in the District in entirety or by portions according to present and proposed highest use, and for this purpose technical experts employed by appropriate state water pollution control agencies are authorized to confer on questions relating to classification of interstate waters affecting two or more states. Each signatory body agrees to submit its classification of its interstate waters to the Commission with its recommendations thereon. "The Commission shall review such classification and recommendations and accept or return the same with its comments. In the event of return, the signatory body will consider the comments of the Commission and resubmit the classification proposal, with or without amendment, with any additional comments for further action by the Commission. " I t is agreed that after acceptance of such classification, the signatory body through its appropriate state water pollution control agencies will work to establish programs of treatment of sewage and industrial wastes which will meet or exceed standards established by the Commission for classified waters. The Commission may from time to time make such changes in definitions of classifications and in standards as may be required by changed conditions or as may be necessary for uniformity and in a manner similar to that in which these standards and classifications were originally established. ' u t is recognized, owing to such variable factors as location, size, character and flow and the many varied uses of the waters subject to the terms of this compact, that no single standard of sewage and waste treatment and no single standard of quality of receiving waters is practical and that the degree of treatment of sewage and

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PUBLIC LAW 91-407-SEPT. 25, 1970

industrial wastes should take into account the classification of the receiving waters according to present and proposed highest use, such as for drinking water supply, bathing and other recreational purposes, maintenance and propagation of fish life, industrial and agricultural uses, navigation and disposal of wastes. "ARTICLE III "For the purpose of dealing with the problems of pollution and of water and associated land resources in specific areas which directly affect two or more, but not all, signatory bodies, the Commission may establish Sections of the Commission consisting of the Commissioners from such affected signatory bodies: Provided, however, That no signatory body may be excluded from any Section in which it wishes to participate. The Commissioners appointed hj the President of the United States may participate in any Section. The Commission shall designate, and from time to time may change, the geographical area wath respect to which each Section shall function. Each Section shall, to such extent as the Commission may from time to time authorize, have authority to exercise and perform with respect to its designated geographical area any power or function vested in the Commission, and in addition may exercise such other powers and perform such functions as may be vested in such Section by the laws of any signatory body or by the laws of the United States. The exercise or performance by a Section of any power or function vested in the Commission may be financed by the Commission, but the exercise or performance of powders or functions vested solely in a Section shall be financed through funds provided in advance by the bodies, including the United States, participating in such Section. "ARTICLE IV "The moneys necessary to finance the Commission in the administration of its business in the Conservancy District shall be provided through appropriations from the signatory bodies and the United States, in the manner prescribed by the laws of the several signatory bodies and of the United States, and in amounts as follows: "The pro rata contributions shall be based on such factors as population; the amount of industrial and domestic pollution; and a flat service charge; as shall be determined from time to time by the Commission, subject, however, to the approval, ratification and appropriation of such contribution by the several signatory bodies. "ARTICLE V "Pursuant to the aims and purposes of this compact, the signatory bodies mutually agree: " 1. Faithful cooperation in the abatement of existing pollution and the prevention of future pollution in the streams of the Conservancy District and in planning for the utilization, conservation and development of the water and associated land resources thereof. "2. The enactment of adequate and, insofar as is practicable, uniform legislation for the abatement and control of pollution and control and use of such streams. "3. The appropriation of biennial sums on the proportionate basis as set forth in Article IV.

859

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 860

PUBLIC LAW 91-40a-SEPT. 25, 1970

[84 STAT.

"ARTICLE VI "This compact shall become effective immediately after it shall have been ratified by the majority of the legislature of the States of Maryland and West Virginia, the Commonwealths of Pennsylvania and Virginia, and by the Commissioner of the District of Columbia, and approval by the Congress of the United States: Provided, however. That this compact shall not be effective as to any signatory body until ratified thereby. "ARTICLE VII "Any signatory body may, by legislative act, after one year's notice to the Commission, withdraw from this compact." Now, therefore, be it Consent of Congress.

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, Tnat the consent of Congress is hereby given to the States of Maryland and West Virginia and the Commonwealths of Virginia and Pennsylvania and the District of Columbia to adopt the aforementioned amendments and enter into the amended compact hereinbefore recited and every part and article thereof: Provided, That nothing contained in such amended compact shall be construed as impairing or in any manner affecting any right or jurisdiction of the United States in and over the region which forms the subject of this compact: And provided further, That the consent herein given does not extend to section (F)(2) of article II of the amended compact. SEC. 2. The Commissioner of the District of Columbia is authorized to enter into, on behalf of the District of Columbia, the amended compact hereinbefore recited. SEC. 3. The right to alter, amend, or repeal this joint resolution is hereby expressly reserved. Approved September 25, 1970.

Public Law 91-408 September 25, 1970 [S. 2882]

Yuma Mesa Irrigation District, Ariz. Supplemental facilities.

33 USC 466 note.

AN ACT To amend Public Law 394, Eighty-fourth Congress, to authorize the construction of supplemental irrigation facilities for the Yuma Mesa Irrigation District, Arizona.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That section 2 of the Act of January 28, 1956 (70 Stat. 5, Public Law 394, Eighty-fourth Congress), is amended by inserting after the word "buildings" the words "and irrigation works and facilities". SEC. 2. Section 4 of the Act of January 28, 1956, is amended by changing the period at the end thereof to a comma and adding "but the contract executed on or prior to such date may be amended to include works authorized after such date by amendments to section 2." The Yuma-Mesa division shall be operated in such manner that identifiable return flows of water will not cause the Colorado River stream system to be in violation of water quality standards promulgated pursuant to the Water Quality Act of 1965 (79 Stat. 903). Approved September 25, 1970.

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PUBLIC LAW 91-409-SEPT. 25, 1970

861

Public Law 91-409 AN ACT

September 25, 1970

To reauthorize the Riverton extension unit, Missouri River Basin project, to include therein the entire Riverton Federal reclamation project, and for other purposes.

^^- '^^^^

Be it enacted by the Senate and House of Representatives of the Missouri River United States of America in Congress assemhJed^ That the general Basin project. plan for the Riverton extension unit, Missouri River Basin project, "R7verto"nV>Jheretofore authorized under section 9 of the Flood Control Act of 'g^^jhorr^ition 1944 (58 Stat. 887), is modified to include relief to water users, con- '^''^" °"^^ '""* struotion, betterment of works, land rehabilitation, water conservation, fish and wildlife conservation and development, flood control, and silt control on the entire Riverton Federal reclamation project. A s so modified the general plan is reauthorized under the designation "Riverton unit of the Missouri River Basin project". The Riverton extension unit shall be operated in such manner that identifiable return flows of water will not cause the Wind River to be in violation of water quality standards promulgated pursuant to the Water Quality Act of 33 USC 466 1965 (79 Stat. 903). note. SEC. 2. (a) The Secretary of the Interior is authorized to negotiate ""Amendatory reand execute an amendatory repayment contract with the Midvale payment contract Irrigation District covering all lands of the Riverton unit. This contract shall replace all existing repayment contracts between the Midvale Irrigation District and the United States. (b) The period for repayment of the construction and rehabilitation Repayment and betterment costs allocated to irrigation and assigned to be repaid P^"°'^by the irrigation water users shall be fifty years from and including the year in which such amendatory repayment contract is executed. (c) During the period required to construct and test the adequacy of drains and other water conservation works, the rates of charge to land classes and the acreage assessable in each land class in the unit shall continue to be as established in the amendatory repayment contract with the district dated June 26, 1952; thereafter such rates of charge and assessable acreage shall be in accordance with the amortization capacity and classification of unit lands as determined by the Secretary. SEC. 3. (a) Construction and rehabilitation and betterment costs of unproductive the Riverton unit which the Secretary determines to be assignable to lands classified now or hereafter as permanently unproductive shall be nonreturnable and nonreimbursable: Provided, That whenever new lands or lands now or hereafter classified as nonproductive, are classified or reclassified as productive, the repayment obligation of the district shall be increased appropriately. (b) All miscellaneous net revenues of the Riverton unit shall accrue to the United States and shall be applied against irrigation costs not assigned to be repaid by irrigation water users. (c) Construction and rehabilitation and betterment costs of the Riverton unit allocated to irrigation and not assigned to be repaid by irrigation water users nor returned from miscellaneous net revenues of the unit shall be returnable from net revenues of the Missouri River Basin project within fifty years from and including the year in which the amendatory contract authorized by this Act is executed. SEC. 4. The limitation of lands held in beneficial ownership within a^uTtion^!,^ the unit by any one owner, which are eligible to receive project water from, through, or by means of project works, shall be one hundred and sixty acres of class 1 land or the equivalent thereof in other land classes, as determined by the Secretary.

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 862 Lands, disposition. 78 Stat. 156.

16 USC 4 6 0 H 2 note. Interest r a t e s.

Availability of funds.

Rules and regulations. Appropriation,

PUBLIC LAW 91-410-SEPT. 25, 1970

[84 STAT.

SEC. 5. (a) Lands available for disposition on the Kiverton unit, including property acquired pursuant to the Act of Marcli 10, 196-1-, shall be sold at public or private sale at not less than appraised fair market value at the time of sale. The Secretary may dispose of such lands in tracts of any size, so long as no such disposition will result in a total ownership within the unit by any one owner in excess of the limitation prescribed in section 4 above. (b) In the disposition of lands on the Riverton unit, resident landowners on the unit who have not obtained relief under the Act of March 10, 1964, as amended, shall have a prior right to purchase tracts in order to supplement their existing farms. SEC. 6. (a) The provision of lands, facilitieSj and project modifications which furnish fish and wildlife benefits m connection with the Rivei+on extension unit shall be in accordance with the Federal Water Project Recreation Act (79 Stat. 213). (b) The interest rate used for purposes of computing interest during construction and interest on the unpaid balance of the capital cost alkx'ated to interest-bearing features of the project shall be determined by the Secretary of the Treasury as of the beginning of the fiscal year in which construction of said interest-bearing features is initiated, on the basis of the computed average interest rate payable by the Treasury upon its o\itstanding marketable public obligations, which are neither due nor callable for redemption for fifteen years from date of issue. SEC. 7. Appropriations heretofore or hereafter made for carrying on the functions of the Bureau of Reclamation shall be available for credits, expenses, charges, and cost provided by or incurred under this Act. The Secretary is authorized to make such rules and regulations as are necessary to carry out the provisions of this Act. SEC. 8. There is hereby authorized to be appropriated for rehabilitation and betterment of the facilities of the first and second divisions of the Riverton unit, for completion of drainage works for said first and second divisions, and for fish and wildlife measures as authorized by this Act, the sum of $12,116,000 (based on July 1969 prices), plus or minus such amounts, if any, as may be justified by reason of ordinary fluctuations in construction cost indexes applicable to the types of construction involved herein. There are also authorized to be approl)riated such additional sums as may be required for operation and maintenance of the Riverton unit. Approved September 25, 1970.

Public Law 91-410 September 25, 1970 [H. J. R e s. 1 2 4 7 ]

Securities Exchange Act of 1934, amendment. 82 Stat. 453; 83 Stat. 141.

JOINT RESOLUTION To amend section 19(e) of the Securities Exchange Act of 1934. Whereas additional time is required for the Securities and Exchange Commission to complete its institutional investors study, and file a report with respect thereto, pursuant to section 19(e) of the Securities Exchange Act of 1934: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That section 19(e) of the Securities Exchange Act of 1934 (15 U.S.C. 78s(e)) is amended by striking out in paragraph (1) "September 1, 1970" and inserting in lieu thereof "December 31, 1970". Approved September 25, 1970.

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 B4 STAT. ]

PUBLIC LAW 91-411-SEPT. 25^ 1970

863

Public Law 91-411 AN ACT

Providing for the addition of the Freeman Scliool to the Homestead National Monument of America in the State of Nebraslfa, and for other purposes.

September 25, 1970

[^' ^8]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, in order to. Homestead Nafurther the interpretation and commemoration of the pioneer life of Americ"^" N^^r?* °^ early settlers of the West, the Secretary of the Interior is authorized to Freeman schooi, acquire by donation or purchase with donated or appropriated funds acquisition. the following described lands and interests therein, on which is situated the old school building known as Freeman School: Beginning at the southeast corner of the southeast quarter of section 22, township 4 north, range 5 east, sixth principal meridian. Gage County, Nebraska, thence running north on the east line of the said quarter section 297 feet, thence west 214.5 feet, thence south 297 feet, thence east 214.5 feet to the point of beginning. The Secretary is further authorized, in order to protect the setting of the Freeman School, preserve an adequate visual relationship with the existing Homestead National Monument of America, and provide access to the school from the national monument, to acquire by any of the above methods such lands and interests therein, as he deems necessary within the areas in certain sections of township 4 north, range 5 east, sixth principal meridian, Gage County, Nebraska, which are described as follows: Section 22, beginning at a point 297 feet north of the southeast corner of the southeast quarter on the east line of the said quarter section, thence north along the east line of the said quarter section 103 feet, thence west 300 feet, thence south 400 feet to the south line of said quarter section, thence east along the south line of said quarter section 85.5 feet to the boundary of the Freeman School property, thence north along the boundary of the school property 297 feet, thence east along the boundary of the school property 214.5 feet to the point of beginning; Section 23, the south 300 feet of the southwest quarter thereof; Section 26, the north 300 feet of the northwest quarter northwest quarter thereof; Section 27, beginning at the northeast comer of the northeast quarter, thence south along the east line of the said quarter section 300 feet, thence west 300 feet, thence north 300 feet to the north line of said quarter section, thence east alon^ the north line of said quarter section 300 feet to the point of beginning; all containing about 31 acres. SEC. 2. The property acquired pursuant to this Act shall be adminis- Administration. tered by the Secretary of the Interior as part of the Homestead National Monument of America, in accordance with the Act of March 19, 1936 (49 Stat. 1184), and the Act of August 25, 1916 (39 Stat. 535), ^^^^^ use 450uas amended and supplemented (16 U.S.C. 1 et seq.). SEC. 3. For the purposes of this Act, there are authorized to be appro- Appropriation. priated not more than $50,000, of which not more than $45,000 (April 1970 prices), plus or minus such amounts, if any, as may be justified by reasons of ordinary fluctuations in construction costs as indicated by engineering cost indices applicable to the types of construction involved herein shall be appropriated for the rehabilitation and development of the Freeman School. Approved September 25, 1970.

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Page:United States Statutes at Large Volume 84 Part 1.djvu/922

 PUBLIC LAW 91-412-SEPT. 25, 1970

864

[84 STAT.

Public Law 91-412 September 25, 1970

1^^' 1^70]

Commerce Department. Special studies.

Joint projects, cost apportionment.

Receipts, disposition.

Repeals.

AN ACT rpQ authorize the Department of Commerce to make special studies, to provide services, and to engage in joint projects, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of Commerce is authorized, upon the request of any person, firm, organization, or others, public or private, to make special studies on matters within the authority of the Department of Commerce; to prepare from its records special compilations, lists, bulletins, or reports; to perform the functions authorized by section 2 of the Act of September 9, 1950 (64 Stat. 823; 15 U.S.C. 1152); and to furnish transcripts or copies of its studies, compilations, and other records; upon the payment of the actual or estimated cost of such special work. I n the case of nonprofit organizations, research organizations, or public organizations or agencies, the Secretary may engage in joint projects, or perform services, on matters of mutual interest, the cost of which shall be apportioned equitably, as determined by the Secretary, who may, however, waive payment of any portion of such costs by others, when authorized to do so under regulations approved by the Bureau of the Budget. SEC. 2. All payments for work or services performed or to be performed under this Act shall be deposited in a separate account or accounts which may be used to pay directly the costs of such work or services, to repay or make advances to appropriations or funds which do or will initially bear all or part of such costs, or to refund excess sums when necessary: Provided, That said receipts may be credited to a working capital fund otherwise established by law, and used under the law governing said funds, if the fund is available for use by the agency of the Department of Commerce which is responsible for performing the work or services for which payment is received. Acts appropriating funds to the Department of Commerce may include provisions limiting annual expenditure from said account or accounts. SEC. 3. The following laws, or parts of laws, are hereby repealed: (a) That proviso in the Act of March 1, 1919 (ch. 86, sec. 1, at 40 Stat. 1256), which reads as follows: ^''Provided further, That all moneys hereafter received by the Bureau of Foreign and Domestic Commerce in payment of photographic and other mechanical reproduction of special statistical compilations from its records shall be covered into the Treasury as a miscellaneous receipt." (b) The Act of May 27, 1935 (ch. 148, 49 Stat. 292; 15 U.S.C. 189a, 192, 192a). (c) The proviso in the Act of May 15, 1936 (ch. 405, sec. 1, at 49 Stat. 1335 (15 U.S.C. 189)), which reads as follows: ''Provided. That the Secretary of Commerce may make such charges as he deems reasonable for lists of foreign buyers, special statistical services, special commodity news bulletins, and World Trade Directory Reports, and the amounts collected therefrom shall be deposited in the Treasury as miscellaneous receipts." (d) The Act of December 19, 1942 (ch. 780, 56 Stat. 1067; 15 U.S.C. 1520). (e) The proviso in section 3 of the Act of September 9, 1950 (64 Stat. 823; 15 U.S.C. 1153), which reads as follows: ''Provided, That all moneys hereafter received by the Secretary in payment for publications under this Act shall be deposited in a special account in the Treasury, such account to be available, subject to authorization in any appropriation Act, for reimbursing any appropriation then current

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Page:United States Statutes at Large Volume 84 Part 1.djvu/923

 84

STAT.]

PUBLIC LAW 91-414-SEPT. 25, 1970

865

and chargeable for the cost of furnishing copies or reproductions as herein authorized, and for making refunds to organizations and individuals when entitled thereto: And provided further, That an appropriation reimbursed by this special account shall, notwithstanding any other provision of law, be available for the purposes of the original appropriation." (f) The proviso in title III of the Act of October 22, 1951 (ch. 533, title III, section 301 at 65 Stat. 586, 15 U.S.C. 1153a), which reads as follows: '•'•Provided, That moneys hereafter received by the Secretary pursuant to section 3 of said Act of September 9, 1950, for publications provided thereunder, shall be available for reimbursing any appropriation as provided by said section." SEC. 4. Except as to those laws expressly repealed herein, nothing in this Act shall alter, amend, modify, or repeal any existing law prescribing fees or charges or authorizing the prescribing of fees or charges for services performed or for any publication furnished by the liepartment of Commerce, or any of its several bureaus or offices. Approved September 25, 1970.

Public Law 91-413 AN ACT To provide for the disposition of funds appropriated to pay judgments in favor of the Yakima Tribes in Indian Claims ('(mnnission dockets numbered 47-A, 162. and consolidated 47 and 164. and for other imritoses.

September 25, 1970

[S. 3337]

Be it enacted by the Senote and House of Repi-e.sentdtireH of the Yakima rutted States of America in Congre-sH assembled. That the funds Yakima R eTsreirbveas-, appropriated by the Act of October 31, 1965 (79 Stat. 1133, 1152), to tion. pay judgments to the Yakima Tribes of the Yakima Reservation in Judgment funds, Indian (^laims Commission dcx-ket numbered 47-A and 162, and by d i s p o s i t i o n. the Act of July 22, 1969 (83 Stat. 49), in consolidated dockets 47 and 164, together with interests thereon, after payment of attorney fees and litigation expenses, may be advanced, expended, invested, or reinvested for any purpose that is authorized by the tribal governing body and approved by the Secretary of the Interior, SEC. 2. Any part of such funds that may be distributed per capita Tax exemption. under the provisions of this Act shall not be subject to Federal or State income tax; and any jjer capita share payable to a person under twenty-one years of age or to a person under legal disability shall be paid in accordance with such procedures, including the establishment of trusts, as the Secretary determines will adequately protect the best interest of such persons. Approved September 25, 1970.

Public Law 91-414 AN ACT To amend the Marine Resources and Engineering Development Act of 11)66 to continue the National Council rm Marine Resources and Engineering Development.

Be it enacted by the Semite and House of Representatives of the United States of America in Congress assembled, That subsection (f) of section 3 of the Marine Resources and Engineering Development Act of 1966 (33 U.S.C. 1102(f)) is amended by striking out "June 30, 1970" and inserting in lieu thereof "June 30, 1971". Approved September 25, 1970.

September 25, 1970

[s. 3617]

80 Stat. 205; 83 Stat. 10.

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Page:United States Statutes at Large Volume 84 Part 1.djvu/924

 866

PUBLIC LAW 91-415-SEPT. 25, 1970

[84 STAT.

Public Law 91-415 AN ACT September 25, 1970 [S. 2808] To authorize the Secretary of the Interior to construct, operate, and maintain the Minot extension of the Garrison diversion unit of the Missouri River Basin project in North Dakota, and for other purposes. Missouri River Basin project, N. Dak. Garrison diversion unit, Minot extension. 43 USC 371 and note.

33 USC 466 note.

Repayment contracts, terms.

43 USC 485a.

43 USC 485h. Survey requirements, exception. 43 USC 390a. Interest rates.

Maintenance.

Criteria.

Be it enacted by the Senate and Hrnxse of Representatives of the United States of America in Congress assembled, That the Secretary of the Interior is authorized to construct, operate, and maintain the Minot extension of the Garrison diversion unit in North Dakota under the Federal reclamation laws (Act of June 17, 1902; 32 Stat. 388, and Acts amendatory thereof and supplementary thereto) for the principal purposes of conveying, regulating, and furnishing water made available through facilities of the Garrison diversion unit for use by the city of Minot and other communities for municipal and industrial purposes; conserving and developing fish and wildlife resources; and enhancing outdoor recreation opportunities. The Minot extension to the Garrison diversion unit shall be operated in such manner that identifiable return flows of water will not cause the Souris River to be in violation of water quality standards promulgated pursuant to the Water Quality Act of 1965 (79 Stat. 903). SEC. 2. The Secretary is authorized to construct appropriate portions of the Minot extension to assist in the interim delivery of water from ground water sources prior to the availability of water through the facilities of the Garrison diversion unit. SEC. 3. (a) Costs of the project, or any unit or sta^e thereof, allocated to municipal water supply, shall be repayable, with interest, by the municipal water users over a period of not more than fifty years from the date that water is first delivered for that purpose, pursuant to contracts with municipal corporations or other organizations, as defined in subsection 2(g) of the Reclamation Project Act of 1939 (53 Stat. 1187). Such contracts shall be executed before the commencement of construction of the project. Contracts may be entered into with water users' organizations pursuant to the provisions of this Act without regard to the last sentence of subsection 9(c) of the Reclamation Project Act of 1939 (53 Stat. 1187). (b) Expenditures for the Minot extension may be made without regard to the soil survey and land classification requirements of the Interior Department Appropriation Act of 1954 (67 Stat. 266). (c) The interest rate used for computing interest during construction and interest on the unpaid balance of the reimbursable costs of the Minot extension shall be determined by the Secretary of the Treasury, as of the beginning of the fiscal year in which construction on the extension is commenced, on the basis of the computed average interest rate payable by the Treasury upon its outstanding marketable public obligations which are neither due nor callable for redemption for fifteen years from date of issue. (d) The Secretary is authorized to transfer to a qualified contracting entity or entities the care, operation, and maintenance of the project works, and, if such transfer is made, to credit annually against the contractor's repayment obligation that portion of the year's joint operation and maintenance costs which, if the United States had continued to operate the project, would have been allocated to fish and wildlife and recreation purposes. Prior to assuming care, operation, and maintenance of the project works the contracting entity or entities shall be obligated to operate them in accordance with criteria established by the Secretary of the Interior with respect to fish and wildlife and recreation.

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 84 STAT. ]

PUBLIC LAW 91-416-SEPT. 25, 1970

867

SEC. 4. The conservation and development of fish and wildlife and°recrel?ion" resources and the enhancement of recreation opportunities in connection with the Minot extension shall be in accordance with the provisions of the Federal Water Projects Recreation Act (79 Stat. 16 USC 460Z. 213). 12 note. SEC. 5. There is authorized to be appropriated for the construction "Appropriation. of the Minot extension the sum of $12,900,000 (January 1969 prices), plus or minus such amounts, if any, as may be justified by reason of ordinary fluctuations in construction costs as indicated by engineering cost indexes applicable to the type of construction involved. There are also authorized to be appropriated such additional sums as may be required for the operation and maintenance of the extension. Approved September 25, 1970,

Public Law 91-416 AN ACT

To amend the Act of June 13, 1962 (76 Stat. 96), with respect to the Navajo Indian irrigation project.

September 25, 1970

^^- ^"^^

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Act of. Navajo Indian June 13, 1962 (76 Stat. 96), is amended as follows: '"3%s°c?61sif.''" (a) By deleting "and" in the first sentence of section 3(a) immedi- eisyy. ately preceding "townships 27" and by inserting immediately preceding "New Mexico principal meridian", the following: "townships 26 and 27 north, range 11 west, and townships 24, 25, and 26 north, ranges 12 and 13 west,"; (b) By deleting "$135,000,000 (June 1961 prices)" in the first sentence of section 7 and substituting in lieu thereof "$206,000,000 (April 1970 prices)"; and (c) By adding the following subsection to section 3: " (d) Each permit that is in effect on lands declared to be held in trust for the Navajo Tribe pursuant to section 3(a) of this Act shall continue in effect for the term thereof unless the land is needed for irrigation purposes, subject to regulations applicable to permits of Indian lands, and upon its expiration it shall only be renewed on an annual basis until the land is required for irrigation purposes. When, in the judgment of the Secretary of the Interior, such land is required for irrigation purposes, the Secretary shall notify the permittee and the permit shall be deemed to be canceled, with no right of appeal. The permittee shall be compensated by the Navajo Tribe for the reasonable value of any range improvements of a permanent nature placed on the lands under authority of a permit or agreement with the United States, as determined by the Secretary of the Interior. Amounts paid to the United States by the Navajo Tribe out of tribal funds for the full appraised value of lands declared to be held in trust for the Navajo Tribe pursuant to section 3(a) of this Act shall be reduced by the amount of compensation paid by the Navajo Tribe to permittees pursuant to this subsection." SEC. 2. The Navajo Indian irrigation project shall be operated in such manner that identifiable flows of water will not cause the project to be in violation of water quality standards promulgated pursuant to the Water Quality Act of 1965 (79 Stat. 903). 33 USC 466 note. Approved September 25, 1970.

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 868

PUBLIC LAW 91-417-SEPT. 25, 1970

[84 STAT.

Public Law 91-417 September25, 1970

[S.4033]

Chemehuevi Tribe of Indians. Judgment funds, disposition.

Roll.

Enrollment applications, filing.

Ineligibility.

Distribution.

Tax exemption.

Costs, payment.

^^

ACT

To provide for the disposition of funds appropriated to pay a judgment in favor of the Chemehuevi Tribe of Indians

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the funds on deposit in the Treasury of the United States to the credit of the Chemehuevi Tribe of Indians which were appropriated (by the Act entitled "An Act making supplemental appropriations for the fiscal year ending June 30, 1965, and for other purposes", approved April 30, 1965 (79 Stat. 8 1)), to pay the judgment awarded by the Indian Claims Commission (dockets numbered 351 and 351-A), together with interest thereon, shall be distributed by the Secretary of the Interior (hereafter in this Act referred to as "Secretary") in equal shares to those persons whose names appear on the roll prepared in accordance with section 2 of this Act. SEC. 2. (a)(1) The Secretary shall prepare a roll of all persons— (A) who were born on or prior to and living on the date of enactment of this Act; (B) who are lineal descendants of members of the Chemehuevi Tribe as it existed in 1860; and (C) whose name or the name of a lineal ancestor appears as a Chemehuevi Indian on any available census roll or other record or evidence acceptable to the Secretary. (2) Applications for enrollment must be filed in the manner and within the time limits prescribed by the Secretary for that purpose. The determination of the Secretary regarding the utilization of available rolls or records and the eligibility for enrollment of an applicant shall be final. (b) Any person who has applied for and has been determined as eligible to share in the awards granted by the Indian Claims Commission in dockets numbered 88, 330, and 330-A, to the Southern Paiute Indian Nation or in dockets numbered 31, 37, 80, 80-D, 176, 215, 333, and 347, to "Certain Indians of California" shall not be entitled to share in the awards granted under this Act. SEC. 3. The Secretary shall distribute a share payable to a living enrollee directly to such enrollee. The Secretary shall distribute the per capita share of a deceased enrollee to his heirs or legatees upon proof of death and inheritance satisfactory to the Secretary. Sums payable to enrollees or their heirs or legatees who are less than twentyone years of age or who are under a legal disability shall be paid m accordance with such procedures, including the establishment of trusts, as the Secretary determines to be appropriate to protect their best interests. SEC. 4. No part of any funds distributed under this Act shall be subject to Federal or State income taxes. SEC. 5. The roll prepared by the Secretary of the Interior pursuant to this Act shall not be deemed to constitute the membership roll of the Chemehuevi Tribe. SKC. 6. The Secretary may make appropriate withdrawals from the judgment funds and interest thereon, using interest funds first, to pay costs incident to carrying out the provisions of this Act. Approved September 25, 1970. .U»^/

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Page:The Eurypterida of New York Volume 1.pdf/135

 and will now proceed to trace the development of the different branches of eurypterids upward from this prototype as expressed in the appended genealogical tree.

Strabops is such a generalized type that it is eminently fitted to serve as prototype; since it is the earliest eurypterid known it may be an actual progenitor of most Siluric forms. Its relatively great width will be disregarded here as not characteristic of the prototype. It suggests that Strabops is already nearer to the Eurypterus than to the Pterygotus stock.

The Siluric and later genera of the eurypterids distinctly fall into two groups or stocks, namely, that of Pterygotus and that of Eurypterus. The former group (Hughmilleria, Slimonia, Pterygotus, Erettopterus) is principally distinguished by the marginal, faceted eyes; the latter, containing the genera Eurypterus, Dolichopterus, Echinognathus(?), Eusarcus, Drepanopterus and Stylonurus, by the smooth, intramarginal or dorsal eyes. There are many differences in the two which indicate that they separated early and developed as independent stocks. We have, therefore, here separated the Pterygotidae from the Eurypteridae.

First in regard to the Pterygotidae: We have elsewhere analyzed the genetic relationship of Hughmilleria to Pterygotus and Slimonia as shown by the position and character of the lateral eyes, the larger chelicerae, the genital appendage and the telson, and have intimated that in the characters of these organs Hughmilleria clearly evinces a more primitive structure than the other two genera. This view is further supported by the more slender form of the abdomen and the shape of the carapace; the latter while more elongate than that of Pterygotus exhibits a distinct