text:
Page:United States Statutes at Large Volume 87.djvu/913

 87 STAT. ]

PUBLIC LAW 93-203-DEC. 28, 1973

uncoiiipcnsiiriMl >i'i\ ices, uotwithstaiurnig tho))r\isions of section
 * 5«)7D(1)) of rhc Kcvised Statutes of the United States.

i

^^ "^^ ^"•

I ril.IZATIOX OF SKRVrCKS AXD FACILITIES

SKC. <)08. (a) III addition to such other authority as he may have, riie Secretary is authorized, in the performance of his functions under this Act. and to the extent permitted by law, to utilize the services and facilities of departments, aoeneies, and establishments of the United States. The Secretary is also authorized to accept and utilize the services and facilities of the agencies of any State or political sulxlivision of a State, with their consent. (b) The Secretary shall carry out his responsibilities under this Act through the utilization, to the extent appropriate, of all resources for skill de\elopment available in industry, labor, public and private educational and tiaining institutions, vocational rehabilitation agencies, a]id other State. Federal, and local agencies, and other appropriate puplic and private organizations and facilities, with their consent. IXTERSTATP: AO]U:EMEXTS

S E C BOD. In the e\ent that compliance with provisions of this Act would be enhanced by cooperative agreements between States, the cons(>nt of Congi'ess is hereby given to such States to enter into such compa<-ts and agreements to facilitate such compliance, subject to the appro\al of the Secretary. I'KOIIIIUTIOX ACAIXST rOLlTICAL ACTIVITIES

SEC. HK). The Secretary shall not piovide financial assistance for any program under this Act which involves political activities; and neither the program, the funds provided therefor, nor personnel employed in the administration thereof, shall be, in any way or to any extent, engaged in the conduct of political activities in contravention of chapter 15 of title 5. United States Code. ^

so Stat. 403. 5 USC 1501.

C)U:MIXAL PROVISIONS

SEC. ( U L (a) Chapter; > of title 18, United States Code, is amended ^1 by adding a new section (565 to read as follows: "'THEFT OR EMBEZZLEMEXT FROM:StAXPWER FTXDS; IMl'ROl'ER IXDUCEMEXT

"SEC. (i65. (a) WhoeA'er, being an officer, director, agent, or employee of, or connected in any capacity with, any agency receiving linancial assistance under the Comprehensive Employment and Training Act of 1973 embezzles, willfully misapplies, steals, or obtains by fraud any of the moneys, fuiids, assets, or property which are the subject of a grant or contract of assistance pursuant to this Act shall be fined not more than $10,000 or imprisoned for not more than two years, or both; but if the amount so embezzled, misapplied, stolen, or obtained by fraud does not exceed $100, he shall be fined not more than $1,000, ov imprisoned not more than one year, or both. "(b) Whoever, by threat of procuring dismissal of any person from employment or of refusal to employ or refusal to renew a contract of employment in connection with a grant or contract of assistance under the Compreluinsive Employment and Training.Vet of 1973, induces any peison to give up any money or thing of any value to any person (including such grantee agency) shall be fined not more than $1,000. or imprisoned not more tiian one 3'ear. or poth."

j^^l^H^^^^' is use 64i.

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Page:United States Statutes at Large Volume 87.djvu/914

 882

PUBLIC LAW 93-203-DEC. 28, 1973

[87 STAT.

(b) The analysis of chapter 31 is amended by adding at the end thereof the following new item: "665. Theft or embezzlement from manpower funds; improper inducement." XOXDISCRIMIXATIOX

SEC. 612. (a) Xo person in the United States shall on the ground of race, color, national origin, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or actixity funded in whole oi- in part with funds made available under this Act. Noncompliance. (b) Wheuevcr the Secretary determines that a prime sponsor or eligible applicant has failed to comply with subsection (a) or an applicable regulation, he shall notify the prime sponsor or eligible applicant of the noncompliance and shall request the prime sponsor or eligible applicant to secure compliance. If within a reasonable period of time, not to exceed sixty days, the prime sponsor or eligible applicant fails or refuses to secure compliance, the Secretary, in addition to exercising the powers and functions provided for the termination of financial assistance under this Act, is authorized (1) to refer the matter to the Attorney General with a recommendation that an appropriate civil action be instituted; (2) to exercise the powers and functions pro78 Stat. 252. yidcd by title VI of the Civil Eights Act of 1964 (42 U.S.C. 2000d); or (3) to take such other action as may be provided by law. (c) When a matter is referred to the Attorney General pursuant to subsection (b). or whenever he has reason to believe that a prime sponsor or eligible applicant is engaged in a pattern or practice in violation of the provisions of this section, the Attorney General may bring a civil action in any appropriate T^'nited States district court for such relief as may be appropriate, including injunctive relief. (d) The Secretary shall enforce the provsions of subsection (a) dealing with discrimination on the basis of sex in accordance with sec20^,2 u^c 2oood.i, ^iQj-^ gQ2 of the Civil Eights Act of 1964. Section 603 of such Act shall apply with respect to any action taken by the Secretary to enforce such provisions of such subsection. This section shall not be construed as affecting any other legal remedy that a person may have if that person is excluded from participation in, denied the benefits of, subjected to discrimination under, or denied employment in connection with any program or activity receiving assistance under this Act. RKCORDS, AUDITS, AXD REPORTS

SKC. 613. In order to assure that funds provided under this Act are used in accordance with its provisions, each recipient shall— (1) use such fiscal, audit, and accounting procedures as may be necessary to assure (A) proper accounting for payments received by it. and (B) proper disbursement of such payments; (2) provide to the Secretary and the Comptroller General of the United States access to, and the right to examine, any books, documents, papers, or records as he requires; and (3) make such reports to the Secretary or the Comptroller General of the United States as he requires.

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


text:
Page:United States Statutes at Large Volume 87.djvu/915

 83 STAT. ]

PUBLIC LAW 93-204-DEC. 28, 1973

883

REl'EALER

SEC. 614. Effective with respect to fiscal years after June 30, 1974, the Manpower Development and Training Act of 1962 and parts A, B, and E of title I of the P^conomic Opportunity Act of 1964 are repealed. Unexpended appropriations for carrying out such Acts may be made available to carry out this Act, as directed by the President.

Repeals. 42 USC 2571 note. 42 USC 2711, 2737, 2769.

EFFECTIVE DATE

SEC. 615. This Act shall take effect on the date of its enactment. Approved December 28, 1973. Public Law 93-204 AN ACT December 28, 1973 To amend section 232 of the National Housing Act to axithorize insured loans [S. 513] to provide tire safety equipment for nursing homes and intermediate care facilities.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 232 of the National Housing Act is amended by adding at the end thereof a new subsection as follows: "(i)(1) The Secretary is authorized upon such terms and conditions as he may prescribe to make commitments to insure and to insure loans made by financial institutions or other approved mortgagees to nursing homes and intermediate care facilities to provide for the purchase and installation of fire safety equipment necessary for compliance with the 1967 edition of the Life Safety Code of the National Fire Protection Association or other such codes or requirements approved by the Secretary of Health, Education, and Welfare as conditions of participation for providers of services under title X VIII and title X IX of the Social Security Act. " (2) To be eligible for insurance under this subsection a loan shall— " (A) not exceed the Secretary's estimate of the reasonable cost of the equipment fully installed; " (B) bear interest at not to exceed a rate determined by the Secretary to be necessary to meet the loan market; " (C) have a maturity satisfactory to the Secretary; " (D) be made by a financial institution or other mortgagee approved by the Secretary as eligible for insurance under section 2 or a mortgagee approved under section 203(b)(1); and " (E) comply with other such terms, conditions, and restrictions as the Secretary may prescribe. "(3) The provisions of paragraphs (5), (6), (7), (9), and (10) of section 220(h) shall be applicable to loans insured under this subsection, except that all references to 'home improvement loans' shall be construed to refer to loans under this subsection. "(4) The provisions of subsections (c), (d), and (h) of section 2 shall apply to loans insured under this subsection, and for the purpose of this subsection references in such subsections to 'this section' or 'this title' shall be construed to refer to this subsection.". Approved December 28, 1973.

Nursing homes and intermediate care facilities. Fire safety equipment, insured loans. 73 Stat. 663; 83 Stat. 382. 12 USC 1715w.

42 USC 1395, 1396.

48 Stat. 1248. 12 USC 1709.

75 Stat. 154. 12 USC 1715k. 12 USC 1703.

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text:
Page:United States Statutes at Large Volume 87.djvu/916

 884

PUBLIC LAW 93-205-DEC. 28, 1973

[87 STAT.

Public Law 93-205 December 28, 1973

'•

Endangered S p e c i e s Act of

1973!"° ""' "'

^jsj

ACT

To provide for the conservation of en(iangereie of Representatives of the United States of America, in Congresx asseinhted. That this Act may be cited as the "Eiidaiijreied Species Act of lOT^V. T A B L E O F COXTKNTS Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec.

2. Findings, purposes. and policy. 3. Definitions. 4. Determination of endangered species and threatened species. 5. Land acquisition. 6. Cooperation with the States. 7. Interagency cooperation. 8. International cooperation. 9. Prohibited acts. 10. Exceptions. 11. Penalties and enforcement. 12. Endangered plants. 13. Conforming amendments. 14. Repealer. 15. Authorization of appropriations. 16. Effective date. 17. Marine Mammal Protection Act of 1!)72. 1'1ND1N«;S. P I K P O S K S. A M)

56 Stat. 1354. ^"^'^^^^4UST380.

,

,

I'OMCY

SEC. 2. (a) FINDINGS.—The Congress finds and declares that— (1) various species of fish, wildlife, and plants in the United States have been rendered extinct as a consequence of economic growth and development untempered by adequate concern and conservation; (2) other species of fish, wildlife, and plants have been so depleted in numbers that they are in danger of or threatened with extinction; (3) these species of fish, wildlife, and plants are of esthetic, ecological, educational, historical, recreational, and scientific value to the Nation and its people; (4) the United States has pledged itself as a sovereign state in the international community to conserve to the extent practicable the various species of fish or wildlife and plants facing extinction, pursuant to— (A) migratory bird treaties with C'anada and Mexico; (B) the Migratory and Endangered Bird Treaty with Japan; (C) the Convention on Nature Protection and Wildlife Preservation in the Western Hemisphere; (D) the International Convention for the Northwest Atlantic Fisheries; (E) the International Convention for the High Seas Fisheries of the North Pacific Ocean; (F) the Convention on International Trade in Endangered Species of Wild Fauna and Flora; and (G) other international agreements. (5) encouraging the States and other interested parties, through Federal financial assistance and a system of incentives, to develop and maintain conservation programs which meet national and international standards is a key to meeting the

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text:
Page:United States Statutes at Large Volume 87.djvu/917

 87 STAT.]

PUBLIC LAW 9 3 - 2 0 5 - D E C. 28, 1973

Nation's inteinatioiial ooniinitments and to better safeguarding, for the IxMiefit of all citizens, the Nation's heritage in fish and wildlife. (b) PuRPOSKS.—The purposes of this Act are to provide a means Vvhereby the ecosystems upon which endangered species and threatened species depend may be conserAcd, to provide a program for the conservation of such endangered species and threatened species, and to take such steps as may Ix' appropriate to achieve the purposes of the treaties and conventions set forth in subsection (a) of this section. (c) Poi.icY.—It is further declared to be the policy of Congress that all Federal departments and agencies shall seek to conserve endangered species and threatened species and shall utilize their anthorities in furtherance of the purposes of this Act. DEFINITIONS

SKC. 8. For the purposes of this Act— (1) The term "commercial activity" means all activities of industry and trade, including, but not limited to, the buying or selling of commodities and activities conducted for the purpose of facilitating such buying and selling. (2) The terms "conserve'*, "conserving", and "conservation'' n^ean to use and the use of all methods and procedures which are necessary to bring any endangered species or threatened species to the point at which the measures provided pursuant to this Act are no Iq^iger necessary. Such methods and procedures include, but are not limited to, all activities associated with scientific resources management such as research, census, law enforcement, habitat acquisition and maintenance, propagation, live trapping, and transplantation, and. in the extraordinary case where population pressures within a given ecosystem cannot be otherwise relieved, may include regulated taking. (3) The term "Convention" means the Convention on International Trade in Endangered Species of Wild Fauna and Flora, signed on March 3, 1973, and the appendices thereto. (4) The term "endangered species" means an}- species which is in danger of extinction throughout all or a significant portion of its range other than a species of the Class Insecta determined by the Secretary to constitute a pest whose protection under the provisions of this Act would present an overAvhelming and overriding risk to man. (5) The term "fish or wildlife means any member of the animal kingdom, including without limitation any mammal, fish, bird (including any migratory, nonmigratory. or endangered bird for which protection is also aiforded by treaty or other international agreement), amphibian, reptile, mollusk, crustacean, arthropod or other invertebrate, and includes any part, product, egg, or oli'spring thereof, or the dead body or parts thereof. (6) The term "foreign commerce includes, among other things, any transaction— (A) between persons within one foreign country; (B) between persons in two or more foreign countries; (C) between a person within the United States and a person in a foreign country; or

(D) between persons within the United States, where the fish and wildlife in question are moving in any country or J countries outside the United States. (7) The term "import'' means to land on, bring into, or introduce into, or attemj^t to land on, bring into, or introduce into, any

885

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text:
Page:United States Statutes at Large Volume 87.djvu/918

 886

84 Stat. 2090. 5 USC app. II.

PUBLIC LAW 93-205-DEC. 28, 1973

[87 STAT.

place subject to the jurisdiction of the United States, whether or not such landing, bringing, or introduction constitutes an importation within the meaning of the customs laws of the United States. (8) The term "person" means an individual, corporation, partnership, trust, association, or any other private entity, or any officer, employee, agent, department, or instrumentality of the Federal Government, of any State or political subdivision thereof, or of any foreign government. (9) The term "plant" means any member of the plant kingdom, including seeds, roots and other parts thereof. (10) The term "Secretary" means, except as otherwise herein provided, the Secretary of the Interior or the Secretary of Commerce as program responsibilities are vested pursuant to the provisions of Reorganization Plan Numbered 4 of 1970; except that with respect to the enforcement of the provisions of this Act and the Convention which pertain to the importation or exportation of terrestrial plants, the term means the Secretary of Agriculture. (11) The term "species" includes any subspecies of fish or wildlife or plants and any other group of fish or wildlife of the same species or smaller taxa in common spatial arrangement that interbreed when mature. (12) The term "State" means any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, the Virgin Islands, Guam, and the Trust Territory of the Pacific Islands. (13) The term "State agency" means the State agency, department, board, commission, or other governmental entity which is responsible for the management and conservation of fish or wildlife resources within a State. (14) The term "take" means to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct. (15) The term "threatened species" means any species which is likely to become an endangered species within the foreseeable future throughout all or a significant portion of its range. (16) The term "United States", when used in a geographical context, includes all States. DETERMINATION

O F ENDANGERED

SPECIES

AND THREATENED

SPECIES

SEC. 4. (a) GENERAL.—(1) The Secretary shall by regulation determine whether any species is an endangered species or a threatened species because of any of the following factors: (1) the present or threatened destruction, modification, or curtailment of its habitat or range; (2) overutilization for commercial, sporting, scientific, or educational purposes; (3) disease or predation; (4) the inadequacy of existing regulatory mechanisms; or (5) other natural or manmade factors affecting its continued existence. (2) With respect to any species over which program responsibilities have been vested in the Secretary of Commerce pursuant to Reorganization Plan Numbered 4 of 1970— (A) in any case in which the Secretary of Commerce determines that such species should— (i) be listed as an endangered species or a threatened species, or

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text:
Page:United States Statutes at Large Volume 87.djvu/919

 87 STAT.]

PUBLIC LAW 9 3 - 2 0 5 - D E C. 28, 1973

887

(ii) be changed in status from a threatened species to an endangered species, he shall so inform the Secretary of the Interior, who shall list such species in accordance with this section; (B) in any case in which the Secretary of Commerce determines that such species should— (i) be removed from any list published pursuant to subsection (c) of this section, or (ii) be changed in status from an endangered species to a threatened species, he shall recommend such action to the Secretary of the Interior, and the Secretary of the Interior, if he concurs m the recommendation, shall implement such action; and (C) the Secretary of the Interior may not list or remove from any list any such species, and may not change the status of any such species which are listed, without a prior favorable determination made pursuant to this section by the Secretary of Commerce. (b) BASIS TOR DETERMINATIONS.—(1) The Secretary shall make determinations required by subsection (a) of this section on the basis of the best scientific and commercial data available to him and after consultation, as appropriate, with the affected States, interested persons and organizations, other interested Federal agencies, and, in cooperation with the Secretary of State, with the country or countries in which the species concerned is normally found or whose citizens harvest such species on the high seas; except that in any case in which such determinations involve resident species of fish or wildlife, the Secretary of the Interior may not add such species to, or remove such species from, any list published pursuant to subsection (c) of this section, unless the Secretary has first— (A) published notice in the Federal Register and notified the Fed^rar1?t°Lu!r Governor of each State within which such species is then known to occur that such action is contemplated; (B) allowed each such State 90 days after notification to submit its comments and recommendations, except to the extent that such period may be shortened by agreement between the Secretary and the Governor or Governors concerned; and (C) published in the Federal Register a summary of all comments and recommendations received by him which relate to such proposed action. (2) In determining whether or not any species is an endangered species or a threatened species, the Secretary shall take into consideration those efforts, if any, being made by any nation or any political subdivision of any nation to protect such species, whether by predator control, protection of habitat and food supply, or other conservation practices, within any area under the jurisdiction of any such nation or political subdivision, or on the high seas. (3) Species which have been designated as requiring protection from unrestricted commerce by any foreign country, or pursuant to any international agreement, shall receive full consideration by the Secretary to determine whether each is an endangered species or a threatened species. (c) LISTS.—(1) The Secretary of the Interior shall publish in the F^'d^rarRigrsier. Federal Register, and from time to time he may by regulation revise, a list of all species determined by him or the Secretary of Commerce to be endangered species and a list of all species determined by him or the Secretary of Commerce to be threatened species. Eaeh list shall refer to the species contained therein by scientific and common name or names, if any, and shall specify with respect to each such species over what portion of its range it is endangered or threatened.

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text:
Page:United States Statutes at Large Volume 87.djvu/920

 888 Review. 80 Stat. 3 8 3.

80 Stat. 926; 83 Stat. 2 7 5, 2 8 3. 16 USC 668aa note.

PUBLIC LAW 93-205-DEC. 28, 1973

[87 STAT.

(2) The Secretary shall, upon the petition of an interested person under subsection 553(e) of title 5, United States Code, conduct a review of any listed or unlisted species proposed to be removed from or added to either of the lists published pursuant to paragraph (1) of this subsection, but only if he makes and publishes a finding that such person has presented substantial evidence which in his judgment warrants such a review. (3) Any list In effect on the day before the date of the enactment of this Act of species of fish or wildlife determined by the Secretary of the Interior, pursuant to the Endangered Species Conservation Act of 1969, to be threatened with extinction shall be republished to conform to the classification for endangered species or threatened species, as the case may be, provided for in this Act, but until such republication, any such species so listed shall be deemed an endangered species within the meaning of this Act. The republication of any species pursuant to this paragraph shall not require public hearing or comment under section 553 of title 5, United States Code. (d) PROTKCTIVK RKGULATIOXS.—Whenever any species is listed as a

threatened species pursuant to subsection (c) of this section, the Secretary shall issue such regulations as he deems necessary and advisable to provide for the conservation of such species. The Secretary may by regulation prohibit with respect to any threatened species any act prohibited under section 9(a)(1), in the case of fish or wildlife, or section 9(a)(2), in the case of plants, with respect to endangered species; except that with respect to the taking of resident species of fish or wildlife, such regulations shall apply in any State which lias entered into a cooperative agreement pursuant to section 6(a) of this Act only to the extent that such regulations have also been adopted by such State. (e) SIMILARITY OF APPEAILVXCE CASES.—The Secretary may, by

P u b l i c a t i o n in Federal Register.

Hearing r e q u e s t.

Publication in Federal Register.

regulation, and to the extent he deems advisable, treat any species as an endangered species or threatened species even though it is not listed pursuant to section -t of this Act if he finds that— (A) such species so closely resembles in appearance, at the point in question, a species which has been listed pursuant to such section that enforcement personnel would have substantial difficulty in attempting to differentiate between the listed and unlisted species; (B) the effect of this substantial difficult}' is an additional threat to an endangered or threatened species; and (C) such treatment of an unlisted species will substantially facilitate the enforcement and further the policy of this Act. (f) REGULATIONS.— (1) Except as provided in paragraphs (2) and (3) of this subsection and subsection (b) of this section, the provisions of section 553 of title 5, United States Code (relating to rulemaking procedures), shall apply to any regulation promulgated to carry out the purposes of this Act. (2)(A) I n the case of any regulation proposed by the Secretary to carry out the purposes of this Act— (i) the Secretary shall publish general notice of the proposed regulation (including the complete text of the regulation) in the Federal Register not less than 60 days before the effective date of the regulation; and (ii) if any person who feels that he may be adversely affected by the proposed regulation files (within 45 days after the date of publication of general notice) objections thereto and requests a public hearing theieon. the Secretary" niay grant such re(]uest, but shall, if he denies such re<iuest, publi.sh his reasons therefor in the Federal Refrister.

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Page:United States Statutes at Large Volume 87.djvu/921

 87 STAT.]

PUBLIC LAW 9 3 - 2 0 5 - D E C. 28, 1973

889

(B) Neither subparagraph (A) of this paragraph nor section 553 of title 5, United States Code, shall apply in the case of any of the so Stat. 383. following regulations and any such regulation shall, at the discretion of the Secretary, take effect immediately upon publication of the regulation in the Federal Register: (i) Any regulation appropriate to carry out the purposes of this Act which was originally promulgated to carry out the Endangered Species Conservation Act of 1969. 83^star'275^^283 (ii) Any regulation (including any regulation implementing le use ee'saa section 6(g)(2)(B) (ii) of this Act) issued by the Secretary in note. regard to any emergency posing a significant risk to the wellbeing of any species of fish or wildlife, but only if (I) at the time of publication of the regulation in the Federal Register the Secretary publishes therein detailed reasons why such regulation is necessary, and (II)" in the case such regulation applies to resident species of fish and wildlife, the requirements of subsection (b) (A), (B), and (C) of this section have been complied with. Any regulation promulgated under the authority of this clause (ii) shall cease to have force and effect at the close of the 120-day period following the date of publication unless, during such 120-day period, the rulemaking procedures which would apply to such regulation without regard to this subparagraph are complied with. (3) The publication in the Federal Register of any proposed or,^f^^^^™^^,"'^,^^ the Secretary. final regulation which is necessary or appropriate to carry out the purposes of this Act shall include a statement by the Secretary of the facts on which such regulation is based and the relationship of such facts to such regulation. LAND

ACQUISITION

SEC. 5. (a) PROGRAM.—The Secretary of the Interior shall establish and implement a program to conserve (A) fish or wildlife which are listed as endangered species or threatened species pursuant to section 4 of this Act; or (B) plants which are concluded in Appendices to the Convention. To carry out such program, he— (1) shall utilize the land acquisition and other authority under the Fish and Wildlife Act of 1956, as amended, the Fish and Wildlife Coordination Act, as amended, and the Migratory Bird Conservation Act, as appropriate; and (2) is authorized to acquire by purchase, donation, or otherwise, lands, waters, or interest therein, and such authority shall be in addition to any other land acquisition authority vested in him. (b) ACQUISITIONS.—Funds made available pursuant to the Land and Water Conservation Fund Act of 1965, as amended, may be used for the purpose of acquiring lands, waters, or interests therein under subsection (a) of this section. COOPERATION W I T H

THE

STATES

SEC. 6. (a) GENERAL.—In carrying out the program authorized by this Act, the Secretary shall cooperate to the maximum extent practicable with the States. Such cooperation shall include consultation with the States concerned before acquiring any land or water, or interest therein, for the purpose of conserving any endangered species or threatened species. (b) MANAGEMENT AGREEMENTS.—The Secretary may enter into agreements with any State for the administration and management of any area established for the conservation of endangered species or

70 Stat. 1119. 16 USC 742a note.

6o Stat. loso 'Tusc "ei note 45 1222. '*^ Stat. 715. 16 USC J^ ^^^^ Uli 4 note.

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Page:Messages and Letters of William Henry Harrison Vol. 1.djvu/63

Rh  July 15th, 1801 Dawson, Harrison, 10-11

For the last ten or twelve weeks I have been constantly engaged in receiving visits from the Chiefs of most of the Indian nations which inhabit this part of the Territory. They all profess and I believe that most of them feel a friendship for the United States—but they make heavy complaints of ill treatment on the part of our Citizens. They say that their people have been killed—their lands settled on—their game wontonly destroyed—& their young men made drunk & cheated of the peltries which formerly procured them necessary articles of Cloathing, arms and amunition to hunt with. Of the truth of all these charges I am well convinced. The Delaware Chiefs in their address to me mentioned the loss of six persons of their nation, since the treaty of Greenvill having been killed by the White people—& I have found them correct as to number. In one instance however the White boy who killed the Indian was tried and acquitted as it was proved that it was done in self defence. In another instance the Murderrer was tried and acquitted by the Jury, altho it was very evident that it was a cruel and unprovoked murder. About twelve months ago a Delaware was killed in this Town by a Citizen of the Territory against whom a bill has been found by the grand. He has however escaped and it is reported that he has gone to Natchez or New Orleans. [See May 5, 1802, below.] But the case which seems to have affected the Indians more than any other is the murder of two men and one woman of this same nation about three years ago. This cruel deed was perpetrated on this side of the Ohio, forty or fifty miles below the falls & is said to have been attended with circumstances of such atrocity as almost to discredit the whole story—were it not but too evident that a great many of the Inhabitants of the Fronteers consider the murdering of Indians in the highest degree meritorious—the story is this. About three years ago two Delaware men and a woman were quietly hunting in the neighbourhood of the Ohio—I believe on the waters of Blue river their Camp was discovered by two men I think of the name of Williams—brothers—and these Williams mutually determined to murder


text:
Page:Tom Swift and His Airship.djvu/107

Rh this vicinity, and I don't like it. I'm afraid they are up to some mischief. I should think the bank authorities would have them locked up on suspicion. I think I'll telephone Ned about it."

He did so, and his chum, in turn, notified the bank watchman. But the next day it was reported that no sign of the men had been seen, and, later it was learned that an auto, answering the description of the one they were in, had been seen going south, many miles from Shopton.

The work of preparing the Red Cloud for the long trip was all but completed. It had been placed back in the shed while a few more adjustments were made to the machinery.

"Bless my eyelashes!" exclaimed Mr. Damon, a few days before the one set for the start, "but I haven't asked where we are bound for. Where are we going, anyhow, Mr. Sharp?"

"We're going to try and reach Atlanta, Georgia," replied the balloonist. "That will make a fairly long trip, and the winds at this season are favorable in that direction."

"That suits me all right," declared Mr. Damon. "I'm all ready and anxious to start."

It was decided to give the airship a few more trials around Shopton before setting out, to see how it behaved with the car heavier loaded than usual. With this in view a trip was made to

title: Page:Tom Swift and His Airship.djvu/107


text:
Page:United States Statutes at Large Volume 87.djvu/922

 890

PUBLIC LAW 93-205-DEC. 28, 1973

[87 STAT.

tlu'oateiied species. Any levemies (lerped from the administration of such areas under these agreements shall be subject to the provisions of section 401 of the Act of June 15, 1935 (49 Stat. 383; 16 U.S.C. 78 Stat. 701.

TloS).

(c) COOPJ:RATINE AGKKEMENTS.—In furtherance of the purposes of this Act, the Secretary is authorized to enter into a cooperative agreement in accordance with this section with any State which establishes and maintains an adequate and active program for the conservation of endangered species and threatened species. Within one hundred and twenty days after the Secretary receives a certified copy of such a proposed State program, he shall make a determination whether such l)rogram is in accordance with this Act. Unless he determines, pursuant to this subsection, that the State program is not in accordance with this Act, he shall enter into a cooperative agreement with the State for the purpose of assisting in implementation of the State program. In order for a State program to be deemed an adequate and active program for the conservation of endangered species and threatened species, the Secretary nnist find, and ammally thereafter reconfirm such finding, that under the State program— (1) authority resides in the State agency to conserve resident species of fish or wildlife determined by the State agency or the Secretary to be endangered or threatened; (2) the State agency has established acceptable conservation programs, consistent with the purposes and policies of this Act, for all resident species of fish or wildlife in the State which are deemed by the Secretary to be endangered or threatened, and has furnished a copy of such plan and program together with all pertinent details, information, and data requested to the Secretary; (3) the State agency is authorized to conduct investigations to determine the status and requirements for survival of resident species of fish and wildlife; (4) the State agency is authorized to establish programs, including the acquisition of land or aquatic habitat or interests therein, for the conservation of resident endangered species or threatened species; and (5) provision is made for public participation in designating resident species of fish or wildlife as endangered or threatened. (d) ALLOCATION OF FUNDS.—(1) The Secretary is authorized to pj'ovide Hnancial assistance to any State, through its respective State agency, which has entered into a cooperative agreement pursuant to subsection (c) of this section to assist m development of programs for the conservation of endangered and threatened species. The Secretary shall make an allocation of appropriated funds to such States based on consideration of— (A) the international commitments of the United States to protect endangered species or threatened species; (B) the readiness of a State to proceed with a conservation l)rogram consistent with the objectives and purposes of this Act; (0) the number of endangered species and threatened species within a State; (I)) the potential for restoring endangered species and threatened species within a State; and (E) the relative urgency to initiate a program to restore and protect an endangered species or threatened species in terms of sur\ival of the species. So much of any appropriated funds allocated for obligation to any State for any fiscal year as remains uiiol)ligated at the close thereof is

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authorized to be made available to that State until the close of the succeeding fiscal year. Any amount allocated to any State which is unobligated at the end of the period during which it is available for expenditure is authorized to be made available for expenditure by the Secretary in conducting programs under this section. (2) Such cooperative agreements shall provide for (A) the actions to be taken by the Secretary and the States; (B) the benefits that are expected to be derived in connection with the conservation of endangered or threatened species; (C) the estimated cost of these actions; and (D) the share of such costs to be borne by the Federal Government and by the States; except that— (i) the Federal share of such program costs shall not exceed 66% per centum of the estimated program cost stated in the agreement; and (ii) the Federal share may be increased to 75 per centum whenever two or more States having a common interest in one or more endangered or threatened species, the conservation of which may be enhanced by cooperation of such States, enter jointly into an agreement with the Secretary. The Secretary may, in his discretion, and under such rules and regulations as he may prescribe, advance funds to the State for financing the United States pro rata share agreed upon in the cooperative agreement. For the purposes of this section, the non-Federal share may, in the discretion of the Secretary, be in the form of money or real property, the value of which will be determined by the Secretary, whose decision shall be final. (e) REVIEW OF STATE PROGRAMS.—Any action taken by the Secretary under this section shall be subject to his periodic review at no greater than annual intervals. (f) CONFLICTS BETWEEN FEDERAL AND STATE LAWS.—Any State law or regulation which applies with respect to the importation or exportation of, or interstate or foreign commerce in, endangered species or threatened species is void to the extent that it may effectively (1) permit what is prohibited by this Act or by any regulation which implements this Act, or (2) prohibit what is authorized pursuant to an exemption or permit provided for in this Act or in any regulation which implements this Act. This Act shall not otherwise be construed to void any State law or regulation which is intended to conserve migratory, resident, or introduced fish or wildlife, or to permit or prohibit sale of such fish or wildlife. Any State law or regulation respecting the taking of an endangered species or threatened species may be more restrictive than the exemptions or permits provided for in this Act or in any regulation which implements this Act but not less restrictive than the prohibitions so defined. (g) TRANSITION.— (1) For purposes of this subsection, the term period. " ^J^^H'-^'^'^'"^' "establishment period" means, with respect to any State, the period " "" beginning on the date of enactment of this Act and ending on whichever of the following dates first occurs: (A) the date of the close of the 120-day period following the adjournment of the first regular session of the legislature of such State which commences after such date of enactment, or (B) the date of the close of the 15-month period following such date of enactment. (2) The prohibitions set forth in or authorized pursuant to sections 4(d) and 9(a)(1)(B) of this Act shall not apply with respect to the taking of any resident endangered species or threatened species (other than species listed in Appendix I to the Convention or otherwise specifically covered by any other treaty or Federal law) within any State—

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Page:United States Statutes at Large Volume 87.djvu/924

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80 Stat. 383.

PUBLIC LAW 93-205-DEC. 28, 1973

[87 STAT.

(A) which is then a party to a cooperative agreement with the Secretary pursuant to section 6(c) of this Act (except to the extent that the taking of any such species is contrary to the law of such State); or (B) except for any time within the establishment period when— (i) the Secretary applies such prohibition to such species at the request of the State, or (ii) the Secretary applies such prohibition after he finds, and publishes his finding, that an emergency exists posing a significant risk to the well-being of such species and that the prohibition must be applied to protect such species. The Secretary's finding and publication may be made without regard to the public hearing or comment provisions of section 553 of title 5, United States (jode, or any other provision of this Act; but such prohibition shall expire 90 days after the date of its imposition unless the Secretary further extends such prohibition by publishing notice and a statement of justification of such extension, (h) REGULATioNS.-The Secretary is authorized to promulgate such regulations as may be appropriate to carry out the provisions of this section relating to financial assistance to States. (i) APPROPRIATIONS.—For the purposes of this section, there is authorized to be appropriated through the fiscal year ending June 30, 1977, not to exceed $10,000,000. INTERAGENCY

COOPERATION

SEC. 7. The Secretary shall review other programs administered by him and utilize such programs in furtherance of the purposes of this Act. All other Federal departments and agencies shall, in consultation with and with the assistance of the Secretary, utilize their authorities in furtherance of the purposes of this Act by carrying out programs for the conservation of endangered species and threatened species listed pursuant to section 4 of this Act and by taking such action necessary to insure that actions authorized, funded, or carried out by them do not jeopardize the continued existence of such endangered species and threatened species or result in the destruction or modification of habitat of such species which is determined by the Secretary, after consultation as appropriate with the affected States, to be critical. INTERNATIONAL

8. (a) FINANCIAL ASSISTANCE.—As a demonstration of the commitment of the United States to the worldwide protection of endangered species and threatened species, the President may, subject to the provisions of section 1415 of the Supplemental Appropriation Act, 1953 (31 U.S.C. 724), use foreign currencies accruing to the United States Government under the Agricultural Trade Development and Assistance Act of 1954 or any other law to provide to any foreign country (with its consent) assistance in the development and management of programs in that country which the Secretary determines to be necessary or useful for the conservation of any endangered species or threatened species listed by the Secretary pursuant to section 4 of this Act. The President shall provide assistance (which includes, but is not limited to, the acquisition, by lease or otherwise, of lands, waters, or interests therein) to foreign countries under this section under such terms and conditions as he deems appropriate. Whenever foreign currencies are available for the provision of assistance SEC.

66 Stat. 662. 68 Stat. 454.

COOPERATION

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under this section, such currencies shall be used in preference to funds appropriated under the authority of section 15 of this Act. (b) ENCOURAGEMENT OF FOREIGN PROGRAMS.—In order to carry^ out further the provisions of this Act, the Secretary, through the Secretary of State, shall encourage— (1) foreign countries to provide for the conservation of fish or wildlife including endangered species and threatened species listed pursuant to section 4 of this Act; (2) the entering into of bilateral or multilateral agreements with foreign countries to provide for such conservation; and (3) foreign persons who directly or indirectly take fish or wildlife in foreign countries or on the high seas for importation into the United States for commercial or other purposes to develop and carry out with such assistance as he may provide, conservation practices designed to enhance such fish or wildlife and their habitat. (c) PERSONNEL.—After consultation with the Secretary of State, the Secretary may— (1) assign or otherwise make available any officer or employee of ^ his department for the purpose of cooperating with foreign countries and international organizations in developing personnel resources and programs which promote the conservation of fish or wildlife; and (2) conduct or provide financial assistance for the educational training of foreign personnel, in this country or abroad, in fish, wildlife, or plant management, research and law enforcement and to render professional assistance abroad in such matters. (d) INVESTIGATIONS.—After consultation with the Secretary of State and the Secretary of the Treasury, as appropriate, the Secretary may conduct or cause to be conducted such law enforcement investigations and research abroad as he deems necessary to carry out the purposes of this Act. (e) CONVENTION IMPLEMENTATION.—The President is authorized and directed to designate appropriate agencies to act as the Management Authority or Authorities and the Scientific Authority or Authorities pursuant to the Convention. The agencies so designated shall thereafter be authorized to do all things assigned to them under the Convention, including the issuance of permits and certificates. The agency designated by the President to communicate with other parties to the Convention and with the Secretariat shall also be empowered, where appropriate, in consultation with the State Department, to act on behalf of and represent the United States in all regards as required by the Convention. The President shall also designate those agencies which shall act on behalf of and represent the United States in all regards as required by the Convention on Nature Protection and Wildlife Preservation in the Western Hemisphere. se Stat. 1354. r

PROHIBITED ACTS

SEC. 9. (a) GENERAL.— (1) Except as provided in sections 6(g)(2) and 10 of this Act, with respect to any endangered species of fish or wildlife listed pursuant to section 4 of this Act it is unlawful for any person subject to the jurisdiction of the United States to— (A) import any such species into, or export any such species from the United States; (B) take any such species within the United States or the territorial sea of the United States; (C) take any such species upon the high seas;

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Page:United States Statutes at Large Volume 87.djvu/926

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PUBLIC LAW 93-205-DEC. 28, 1973

[87 STAT.

(D) possess, sell, deliver, carry, transport, or ship, by any means whatsoever, any such species taken in \iolation of subparagraphs (B) and (C); (E) deliver, receive, carry, transport, or ship in interstate or foreign commerce, by any means Avhatsoever and in the course of a commercial activity, any such species; (F) sell or offer for sale in interstate or foreign commerce any such species; or (G) violate any regulation pertaining to such species or to am' threatened species of fish or wildlife listed pursuant to section 4 of this Act and promulgated by the Secretary pursuant to authority provided by this Act. (2) Except as provided in sections 6(g)(2) and 10 of this Act, with respect to any endangered species of plants listed pursuant to section 1 of this Act, it is unlawful for any person subject to the jurisdiction of the Ignited States to— (A) import any such species into, or export any such species flom, the United States; (B) deliver, receive, carry, transport, or ship in interstate or foreign commerce, by any means whatsoever and in the course of a commercial activity, any such species; (C) sell or olfer for sale in interstate or foreign connnerce any such species; or (D) violate any regulation pertaining to such species or to any threatened species of plants listed pursuant to section 4 of this Act and promulgated by the Secretary pursuant to authorit}' provided by this Act. (b)

SPECIES HELD i x (AmviTY OK COXTKOLLED ENVIKOXMENT.—

The provisions of this section shall not apply to any fish or wildlife held in captivity or in a cfmtrolled environment on the effective date of this Act if the purposes of such holding are not contrary to the purposes of this Act; except that this subsection shall not apply in the case of any fish or wildlife held in the course of a commercial activity. With respect to any act prohibited by this section which occurs after a period of 180 days from the effective date of this Act, there shall be a rebuttable presumption that the fish or wildlife involved in such act was not held in captivity or in a controlled environment on such effective date. (c) VioiTioN OF CoxvEXTiON.—(1) It is uiilawful for any person subject to the jurisdiction of the United States to engage in any trade in any specimens contrary to the provisions of the Convention, or to possess any specimens traded contrary to the provisions of the Convention, including the definitions of terms in article I thereof. (2) Any importation into the United States of fish or wildlife shall, if— (A) such fish or wildlife is not an endangered species listed pursuant to section 4 of this Act but is listed in Appendix II to the Convention, (B) the taking and exportation of such fish or wildlife is not contrary to the provisions of the Convention and all other applicable requirements of the Convention have been satisfied, (C) the applicable requirements of subsections (d), (e), and (f) of this section have been satisfied, and (I)) such importation is not made in the course of a commercial activity, be presumed to be an importation not in violation of any provision of this Act or any regulation issued pursuant to this Act.

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(d) IMPORTS AND E X P O R T S. ^ (I) I t is unlawful for any person to engage in business as an importer or exporter of fish or wildlife (other than shellfish and fishery products which (A) are not listed pursuant to section 4 of this Act as endangered species or threatened species, and (B) are imported for purposes of human or animal consumption or taken in waters under the jurisdiction of the United States or on the high seas for recreational purposes) or plants without first having obtained permission from the Secretary. (2) Any person required to obtain permission under paragraph (1) of this subsection shall— (A) keep such records as will fully and correctly disclose each importation or exportation of fish, wildlife, or plants made by him and the subsequent disposition made by him with respect to such fish, wildlife, or plants; (B) at all reasonable times upon notice by a duly authorized representative of the Secretary, afford such representative access to his places of business, an opportunity to examine his inventory of imported fish, wildlife, or plants and the records required to be kept under subparagraph (A) of this paragraph, and to copy such records; and (C) file such reports as the Secretary may require. (3) The Secretary shall prescribe such regulations as are necessary and appropriate to carry out the purposes of this subsection. (e) REPORTS.—It is unlawful for any person importing or exporting fish or wildlife (other than shellfish and fishery products which (1) are not listed pursuant to section 4 of this Act as endangered or threatened species, and (2) are imported for purposes of human or animal consumption or taken in waters under the jurisdiction of the United States or on the high seas for recreational purposes) or plants to fail to file any declaration or report as the Secretary deems necessary to facilitate enforcement of this Act or to meet the obligations of the Convention.

895

Recordkeeping.

Reports. Regulations.

(f) DESIGNATION OF PORTS.—(1) It is unlawful for any person

subject to the jurisdiction of the United States to import into or export from the United States any fish or wildlife (other than shellfish and fishery products which (A) are not listed pursuant to section 4 of this Act as endangered species or threatened species, and (B) are imported for purposes of human or animal consumption or taken in waters under the jurisdiction of the United States or on the high seas for recreational purposes) or plants, except at a port or ports designated by the Secretary of the Interior. For the purpose of facilitating enforcement of this Act and reducing the costs thereof, the Secretary of the Interior, with approval of the Secretary of the Treasury and after notice and opportunity for public hearing, may, by regulation, designate ports and change such designations. The Secretary of the Interior, under such terms and conditions as he may prescribe, may permit the importation or exportation at nondesignated ports in the interest of the health or safety of the fish or wildlife or plants, or for other reasons if, in his discretion, he deems it appropriate and consistent with the purpose of this subsection. (2) Any port designated by the Secretary of the Interior under the authority of section 4(d) of the Act of December 5, 1969 (16 U.S.C. 6 6 6 c c ^ (d)), shall, if such designation is in effect on the day before the date of the enactment of this Act, be deemed to be a port designated by the Secretary under paragraph (1) of this subsection unt^l such time as the Secretary otherwise provides. (g) VIOLATIONS.—It is unlawful for any person subject to the jurisdiction of the United States to attempt to commit, solicit another to commit, or cause to be committed, any offense defined in this section.

^^ ^*^*- 277. ^^^ 668cc-4.

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Page:United States Statutes at Large Volume 87.djvu/928

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PUBLIC LAW 93-205-DEC. 28, 1973

[87 STAT.

EXCEPTIONS

SEC. 10. (a) PERMITS.—The Secretary may permit, under such terms and conditions as he may prescribe, any act otherwise prohibited by section 9 of this Act for scientific purposes or to enhance the propagation or survival of the affected species. (b) HARDSHIP EXEMPTIONS.—(1) If any person enters into a contract with respect to a species of fish or wildlife or plant before the date of the publication in the Federal Register of notice of consideration of that species as an endangered species and the subsec[uent listing of that species as an endangered species pursuant to section 4 of this Act will cause undue economic hardship to such person under the contract, the Secretary, in order to minimize such hardship, may exempt such person from the application of section 9(a) of this Act to the extent the Secretary deems appropriate if such person applies to him for such exemption and includes with such application such information as the Secretary may require to prove such hardship; except that (A) no such exemption shall be for a duration of more than one year from the date of publication in the Federal Register of notice of consideration of the species concerned, or shall apply to a quantity of fish or wildlife or plants in excess of that specified by the Secretary; (B) the one-year period for those species of fish or wildlife listed by the Secretary as endangered prior to the effective date of this Act shall expire in accordance with the terms of section 3 of the Act of Decem16 USC 668CC-3. ber 5, 1969 (83 Stat. 275); and (C) no such exemption may be granted for the importation or exportation of a specimen listed in Appendix I of the Convention which is to be used in a commercial activity. "Undue eco(2) As used in this subsection, the term "undue economic hardship" nomic h a r d s h i p. " shall include, but not be limited to: (A) substantial economic loss resulting from inability caused by this Act to perform contracts with respect to species of fish and wildlife entered into prior to the date of publication in the Federal Register of a notice of consideration of such species as an endangered species; (B) substantial economic loss to persons who, for the year prior to the notice of consideration of such species as an endangered species, derived a substantial portion of their income from the lawful taking of any listed species, which taking would be made unlawful under this Act; or (C) curtailment of subsistence taking made unlawful under this Act by persons (i) not reasonably able to secure other sources of subsistence; and (ii) dependent to a substantial extent upon hunting and fishing for subsistence; and (iii) who must engage in such curtailed taking for subsistence purposes. (3) The Secretary may make further requirements for a showing of undue economic hardship as he deems fit. Exceptions granted under this section may be limited by the Secretary in his discretion as to time, area, or other factor of Applicability. Publication in (c) NoTiCE AND REVIEW.—The Secretary shall publish notice in the Federal R e g i s t e r. « .„- -pg^gj.^j Register of each application for an exemption or permit which is made under this subsection. Each notice shall invite the submission from interested parties, within thirty days after the date of the notice, written data, views, or arguhients with respect to the application. Information received by the Secretary as a part of any application shall be available to the public as a matter of public record at every stage of the proceeding. (d) PERMIT AND EXEMPTION POLICY.—The Secretary may grant exceptions under subsections (a) and (b) of this section only if he finds

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Page:United States Statutes at Large Volume 87.djvu/929

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Publication in and publishes his finding in the Federal Register that (1) such excep- Federal Register. tions were applied for in good faith, (2) if granted and exercised will not operate to the disadvantage of such endangered species, and (3) will be consistent with the purposes and policy set forth in section 2 of this Act. (e) ALASKA XATI^^ES.— (1) Except as provided in paragraph (4) of this subsection the provisions of this Act shall not apply with respect to the taking of any endangered species or threatened species, or the importation of any such species taken pursuant to this section, by— (A) any Indian, Aleut, or Eskimo who is an Alaskan Native who resides in Alaska; or (B) any non-native permanent resident of an Alaskan native village; if such taking is primarily for subsistence purposes. Non-edible byproducts of species taken pursuant to this section may be sold in interstate commerce when made into authentic native articles of handicrafts and clothing; except that the provisions of this subsection shall not apply to any non-native resident of an Alaskan native village found by the Secretary to be not primarily dependent upon the taking of fish and wildlife for consumption or for the creation and sale of authentic native articles of handicrafts and clothing. (2) Any taking under this subsection may not be accomplished in a wasteful manner. Definitions. (3) As used in this subsection— (i) The term "subsistence" includes selling any edible portion of fish or wildlife in native villages and towns in Alaska for native consumption within native villages or towns; and (ii) The term "authentic native articles of handicrafts and clothing" means items composed wholly or in some significant respect of natural materials, and which are produced, decorated, or fashioned in the exercise of traditional native handicrafts without the use of pantographs, multiple carvers, or other mass copying devices. Traditional native handicrafts include, but are not limited to, weaving, carving, stitching, sewing, lacking, beading, drawing, and painting. (4) Notwithstanding the provisions of paragraph (1) of this subsection, whenever the Secretary determines that any species of fish or wildlife which is subject to taking under the provisions of this subsection is an endangered species or threatened species, and that such taking materially and negatively affects the threatened or endangered species, he may prescribe regulations upon the taking of such species Regulations. by any such Indian, Aleut, Eskimo, or non-Native Alaskan resident of an Alaskan native village. Such regulations may be established with reference to species, geographical description of the area included, the season for taking, or any other factors related to the leason for establishing such regulations and consistent with the policy of this Act. Such regulations shall be prescribed after a notice and hearings in the affected judicial districts of Alaska and as otherwise required by section 103 of the Marine Mammal Protection Act of 1972, 86 Stat. 1033. and shall be removed as soon as the Secretary determines that the 16 USC 1373. need for their impositions has disappeared. PENALTIES AND ENFORCEMENT

SEC. 11. (a) CIVIL PENALTIES.— (1) Any person who knowingly

violates, or who knowingly cbmmits an act in the course of a commercial activity which vioflates, any provision of this Act, or any provision of any permit or certificate issued hereunder, or of any regulation issued in order to implement subsection (a)(1)(A), (B),

22-150 O - 75 - 59

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98 Rocksmond, with Mr. Swift, Mr. Damon and Ned, in addition to Mr. Sharp and Tom, on board. Then, at Tom's somewhat blushing request, a stop was made near the Seminary, and, when the pupils came trooping out, the young inventor asked Miss Nestor if she didn't want to take a little flight. She consented, and with two pretty companions climbed rather hesitatingly into the car. No great height was attained, but the girls were fully satisfied and, after their first alarm really enjoyed the spin in the air, with Tom proudly presiding at the steering wheel, which Mr. Sharp relinquished to the lad, for he understood Tom's feelings.

Three days later all was in readiness for the trip to Atlanta. Mr. Swift was earnestly invited to undertake it, both Tom and Mr. Sharp urging him, but the veteran inventor said he must stay at home, and work on his submarine plans.

The evening before the start, when the aeronaut and Tom were giving a final inspection to the craft in the big shed, Mr. Sharp exclaimed:

"I declare Tom, I believe you'll have to take a run into town."

"What for?"

"Why to get that kit of special tools I ordered, which we might need to make repairs. There are some long-handled wrenches, some spare levers,

title: Page:Tom Swift and His Airship.djvu/108


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[87 STAT.

(C), (D), (E). or (F). (a)(2)(A), (B). or (C). (c), (d) (other than reofiilation rehitino- to lecordkeeping' or filing" of reports), (f) or {(r) of section 9 of this Act, may be assessed a civil penalty by the Secretary of not more than $10,000 for each violation. Any person who knowingly Aiolates, or who knowingly commits an act in the course of a commercial activity which violates, any provision of any other regulation issued under this Act may be assessed a civil penalty by the Secretary of not more than $5,000 for each such violation. Any person who otherwise violates anj' provision of this Act, or any regidation, permit, or certificate issued hereunder, may be assessed a civil penalty by the Secretary of not more than $1,000 for each such o '^ortunit'^^^""^ violation. No penalty may be assessed under this subsection unless such person is given notice and opportunity for a hearing with respect to such violation. Each violation shall be a separate offense. Any such civil penalty may be remitted or mitigated by the Secretary. Upon any failure to pay a penalty assessed under this subsection, the Secretary may request the Attorney General to institute a civil action in a district court of the United States for any district in which such person is found, resides, or transacts business to collect the penalty and such court shall have jurisdiction to hear and decide any such action. The court shall hear such action on the record made before the Secretary and shall sustain his action if it is supported by substantial evidence on the record considered as a whole. (2) Hearings held during proceedings for the assessment of civil penalties authorized by paragraph (1) of this subsection shall be conso Stat. 384. ducted in accordance with section 554 of title 5, United States Code. subpenas. 'p]^g Secretary may issue subpenas for the attendance and testimony of witnesses and the production of relevant papers, books, and docuwitness fees. ments, and administer oaths. Witnesses summoned shall be paid the same fees and mileage that are paid to witnesses in the courts of the United States. In case of contumacy or refusal to obey a subpena served upon any person pursuant to this paragraph, the district court of the United States for any district in which such person is found or resides or transacts business, upon application by the United States and after notice to such person, shall have jurisdiction to issue an order requiring such person to appear and give testimony before the Secretary or to appear and produce documents before the Secretary, or both, and any failure to obey such order of the court may be punished by such court as a contempt thereof. (b) (?RTMixAL VIOLATIONS.— (1) Any person who willfully commits an act which violates any provision of this Act, of any permit or certificate issued hereunder, or of any regulation issued in order to implement subsection (a)(1)(A). (B). (C), (D), (E), or (F); (a) (2)(A), (B), or (C), (c), (d) (other than a regulation relating to recordkeeping, or filing of reports), (f), or (g) of section 9 of this Act shall, upon conA-iction. be fined not more than $20,000 or imprisoned for not more than one year, or both. Any person who willfully commits an act which Aiolates any provision of any other regulation issued under this Act shall, upon couAdction, be fined not more than $10,000 or imprisoned for not more than six months, or both. (2) The head of any Federal agency which has issued a lease, license, permit, or other agreement authorizing the use of Federal lands, including grazing of domestic livestock, to any person Avho is convicted of a criminal violation of this Act or any regulation, permit, or certificate issued hereunder may immediately modify, suspend, or revoke each lease, license, permit, or other agreement. The Secretaryshall also suspend for a period of up to one year, or cancel, any Federal hunting or fishing permits or stamps issued to any person who is convicted of a criminal violation of any provision of this Act or any

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STAT.]

PUBLIC LAW 93-205-DEC. 28, 1973

899

regulation, permit, or certificate issued hereunder. The United States shall not be liable for the payments of any compensation, reimbursement, or damages in connection with the modification, suspension, or revocation of any leases, licenses, permits, stamps, or other agreements pursuant to this section. (c) DISTRICT COURT JURISDICTION.—The several district courts of the United States, including the courts enumerated in section 460 of title 28, United States Code, shall have jurisdiction over any actions 7265 Stat. 725; Stat. 348. arising under this Act. For the purpose of this Act, American Samoa shall be included within the judicial district of the District Court of the United States for the District of Hawaii. (d) REWARDS.—Upon the recommendation of the Secretary, the Secretary of the Treasury is authorized to pay an amount equal to one-half of the civil penalty or fine paid, but not to exceed $2,500, to any person who furnishes information which leads to a finding of civil violation or a conviction of a criminal violation of any provision of this Act or any regulation or permit issued thereunder. Any officer or employee of the United States or of any State or local government who furnishes information or renders service in the performance of his official duties shall not be eligible for payment under this section. (e) ENFORCEMENT.—(1) The provisions of this Act and any regulations or permits issued pursuant thereto shall be enforced by the Secretary, the Secretary of the Treasury, or the Secretary of the Department in which the Coast Guard is operating, or all such Secretaries. Each such Secretary may utilize by agreement, with or with- Federal and State out reimbursement, the personnel, services, and facilities of any other u t i l i z aagenciesi, tion. Federal agency or any State agency for purposes of enforcing this Act. (2) The judges of the district courts of the United States and the Warrants. United States magistrates may, within their respective jurisdictions, upon proper oath or affirmation showing probable cause, issue such warrants or other process as may be required for enforcement of this Act and any regulation issued thereunder. Pa (3) Any person authorized by the Secretary, the Secretary of the tion. c k a g e i n s p e c Treasury, or the Secretary of the Department in which the Coast Guard is operating, to enforce this Act may detain for inspection and inspect any package, crate, or other container, including its contents, and all accompanying documents, upon importation or exportation. Such person may execute and serve any arrest warrant, search warrant, or other warrant or civil or criminal process issued by any officer or court of competent jurisdiction for enforcement of this Act. Such person so authorized may search and seize, with or without a Search and s e i warrant, as authorized by law. Any fish, wildlife, property, or item ure, authority. so seized shall be held by any person authorized by the Secretary, the Secretary of the Treasury, or the Secretary of the Department in which the Coast Guard is operating pending disposition of civil or criminal proceedings, or the institution of an action in rem for forfeiture of such fish, wildlife, property, or item pursuant to paragraph (4) of this subsection; except that the Secretary may, in lieu of holding such fish, wildlife, property, or item, permit the owner or consignee to post a bond or other surety satisfactory to the Secretary. (4)(A) All fish or wildlife or plants taken, possessed, sold, purchased, offered for sale or purchase, transported, delivered, received, carried, shipped, exported, or imported contrary to the provisions of this Act, any regulation made pursuant thereto, or any permit or certificate issued hereunder shall be subject to forfeiture to the United States.

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Page:United States Statutes at Large Volume 87.djvu/932

 900

PUBLIC LAW 93-205-DEC. 28, 1973

Administrative fees.

' '

'"

/

^

Jurisdiction.

"

'

[87 STAT.

(B) All guns, traps, nets, and other equipment, vessels, vehicles, aircraft, and other means of transportation used to aid the taking, possessing, selling, purchasing, offering for sale or purchase, transporting, delivering, receiving, carrying, shipping, exporting, or importing of any fish or wildlife or plants in violation of this Act, any regulation made pursuant thereto, or any permit or certificate issued thereunder shall be subject to forfeiture to the United States upon conviction of a criminal violation pursuant to section 11(b)(1) of this Act. (5) All provisions of law relating to the seizure, forfeiture, and condemnation of a vessel for violation of the customs laws, the disposition of such vessel or the proceeds from the sale thereof, and the remission or mitigation of such forfeiture, shall apply to the seizures and forfeitures incurred, or alleged to have been incurred, under the provisions of this Act, insofar as such provisions of law are applicable and not inconsistent with the provisions of this Act; except that all powers, rights, and duties conferred or imposed by the customs laws upon any officer or employee of the Treasury Department shall, for the purposes of this Act. be exercised or performed by the Secretary or by such persons as he may designate. (f) EEnrivATioxs.—The Secretary, the Secretary of the Treasury, and the Secretary of the Department in which the Coast Guard is operating, are authorized to pronudgate such regulations as may be appropriate to enforce this Act, and charge reasonable fees for expenses to the Government connected with permits or certificates authorized by this Act including processing applications and reasonable inspections, and with the transfer, board, handling, or storage of fish or wildlife or plants and evidentiary items seized and forfeited under this Act. All such fees collected pursuant to this subsection shall be deposited in the Treasury to the credit of the appropriation which is current and chargeable for the cost of furnishing the services. Appropriated funds may be expended pending reimbursement from parties in interest. (g) CiTizEX SUITS.— (1) Except as provided in paragraph (2) of this subsection any person may commence a civil suit on his own behalf— [ (A) to enjoin any person, including the United States and any other governmental instrumentality or agency (to the extent permitted by the eleventh amendment to the Constitution), who is alleged to be in violation of any provision of this Act or regulation issued under the authority thereof; or (B) to compel the Secretary to apply, pursuant to section 6(g) (2)(B) (ii) of this Act. the prohibitions set forth in or authorized pursuant to section 4(d) or section 9(a)(1)(B) of this Act with respect to the taking of any resident endangered species or threatened species within any State. ^j^g district courts shall have jurisdiction, without regard to the amount in controversy or the citizenship of the parties, to enforce any such provision or regulation, as the case may be. In any civil suit commenced under subparagraph (B) the district court shall compel the Secretary to apply the prohibition sought if the court finds that the allegation that an emergency exists is supported by substantial evidence. (2)(A) No action may be commenced under subparagraph (1)(A) of this section— (i) prior to sixty days after written notice of the violation has been given to the Secretary, and to any alleged violator of any such provision or regulation;

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Page:United States Statutes at Large Volume 87.djvu/933

 87 STAT. ]

PUBLIC LAW 93-205-DEC. 28, 1973

901

(ii) if the Secretary has commenced action to impose a penalty pursuant to subsection (a) of this section; or (iii) if the United States has commenced and is diligently prosecuting a criminal action in a court of the United States or a State to redress a violation of any such provision or regulation. (B) Xo action may be commenced under subparagraph (1)(B) of this section— (i) prior to sixty days after written notice has been given to the Secretary setting forth the reasons why an emergency is thought to exist with respect to an endangered species or a threatened species in the State concerned; or (ii) if the Secretary has commenced and is diligently prosecuting action under section 6(g)(2)(B) (ii) of this Act to determine whether any such emergency exists. (3)(A) Any suit under this subsection may be brought in the judicial district in which the violation occurs. (B) I n any such suit under this subsection in which the United intervention. States is not a party, the Attorney General, at the request of the Secretary, may intervene on behalf of the United States as a matter of right. (4) The court, in issuing any final order in any suit brought pursu- Litigation costs. ant to paragraph (1) of this subsection, may award costs of litigation (including reasonable attorney and expert witness fees) to any party, whenever the court determines such award is appropriate. (5) The injunctive relief provided by this subsection shall not injunctive relief. restrict any right which any person (or class of persons) may have under any statute or common law to seek enforcement of any standard or limitation or to seek any other relief (including relief against the Secretary or a State agency). (h) CooRDixATiox W I T H OTHER LAWS.—The Secretary of Agricul-

ture and the Secretary shall provide for appropriate coordination of the administration of this Act with the administration of the animal quarantine laws (21 U.S.C. 101-105, lll-135b, and 612-614) and section 306 of the Tariff Act of 1930 (19 U.S.C. 1306). Nothing in this ^/y^^'j/gf' Act or any amendment made by this Act shall be construed as superseding or limiting in any manner the functions of the Secretary of Agriculture under any other law relating to prohibited or restricted importations or possession of animals and other articles and no proceeding or determination under this Act shall preclude any proceeding or be considered determinative of any issue of fact or law in any proceeding under any Act administered by the Secretary of Agriculture. Nothing in this Act shall be construed as superseding or limiting in any manner the functions and responsibilities of the Secretary of the Treasury under the Tariff Act of 1930, including, without limitation, section 527 of that Act (19 U.S.C. 1527), relating to the importa- -^^ Stat. 741. tion of wildlife taken, killed, possessed, or exported to the United States in violation of the laws or regulations of a foreign country. ENDANGERED

PLANTS

SEC. 12. The Secretary of the Smithsonian Institution, in conjunction with other affected agencies, is authorized and directed to review (1) species of plants which aie now or may become endangered or threatened and (2) methods of adequately conserving such species, and to

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Page:United States Statutes at Large Volume 87.djvu/934

 902

PUBLIC LAW 93-205-DEC. 28, 1973

[87 STAT.

Report to Con- report to Coiigress, within one year after the date of the enactment of ^"^^^^^ this Act, the results of such review inchiding recommendations for new legislation or the amendment of existing legislation. CONFORMING

Ante, p. 886.

80 Stat. 929. 78 Stat. 701; 80 Stat. 930.

78 Stat. 897; 86 Stat. 459.

Conservation ^'«r=.. in^, 60 b t a t. l U 6 o.

AMENDMENTS

SEC. 13. (a) Subsection 4(c) of the Act of October 15, 1966 (80 Stat. 928, 16 U.S.C. 668dd(c)), is further amended by revising the second sentence thereof to read as follows: "With the exception of endangered species and threatened species listed by the Secretary pursuant to sectjou 4 of the Endangered Species Act of 1973 in States wherein a cooperative agreement does not exist pursuant to section 6(c) of that Act, nothing in this Act shall be construed to authorize the Secretary to control or regulate hunting or fishing of resident fish and wildlife on lands not within the system. (b) Subsection 10(a) of the Migratory Bird Conservation Act (45 gtjit. 1224, 16 U.S.C. 715i(a)) and subsection 401(a) of the Act of June 15, 1935 (49 Stat. 383,16 U.S.C. 715s(a)), are each amended by Striking out "threatened with extinction," and inserting in lieu thereof the following: "listed pursuant to section 4 of the Endangered Species Act of 1973 as endangered species or threatened species,". (c) Section 7(a)(1) of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 4601—9(a)(1)) is amended by striking out: "THREATENED SPECIES.—FoT any national area which may be authorized for the preservation of species of fish or wildlife that are threatened with extinction." and inserting in lieu thereof the following: "ENDANGERED SPECIES AND THREATENED SPECIES.—For lands, waters, or interests therein, the acquisition of which is authorized under section 5(a) of the Endangered Species Act of 1973, needed for the purpose of conserving endangered or threatened species of fish or wildlife or plants." (d) The first seuteucc of section 2 of the Act of September 28, 1962, as amended (76 Stat. 653, 16 U.S.C. 460k-l), is amended to read as i»

n

follows:

86 Stat. 1027.

"The Secretary is authorized to acquire areas of land, or interests therein, which are suitable for— "(1) incidental fish and wildlife-oriented recreational development, " (2) the protection of natural resources, "(3) the conservation of endangered species or threatened species listed by the Secretary pursuant to section 4 of the Endangered Species Act of 1973, or " (4) carrying out two or more of the purposes set forth in paragraphs (1) through (3) of this section, and are adjacent to, or within, the said conservation areas, except that the acquisition of any land or interest therein pursuant to this section shall be accomplished only with such funds as may be appropriated therefor by the Congress or donated for such purposes, but such property shall not be acquired with funds obtained from the sale of Federal migratory bird hunting stamps." (e) The Marine Mammal Protection Act of 1972 (16 U.S.C. 13611407) isamended—

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Page:United States Statutes at Large Volume 87.djvu/935

 87 STAT. ]

PUBLIC LAW 93-205-DEC. 28, 1973

(1) by striking out "Endangered Species Conservation Act of 1969" in section 3(1)(B) thereof and inserting in lieu thereof the following: "Endangered Species Act of 1973"; (2) by striking out "pursuant to the Endangered Species Conservation Act of 1969" in section 1 0 1 (a)(3)(B) thereof and inserting in lieu thereof the following: "or threatened species pursuant to the Endangered Species Act of 1973"; (3) by striking out "endangered under the Endangered Species Conservation Act of 1969" in section 102(b)(3) thereof and inserting in lieu thereof the following: "an endangered species or threatened species pursuant to the Endangered Species Act of 1973"; and (4) by striking out "of the Interior such revisions of the Endangered Species List, authorized by the Endangered Species Conservation Act of 1969," in section 202(a)(6) thereof and inserting in lieu thereof the following: "such revisions of the endangered species list and threatened species Jist published pursuant to section 4(c)(1) of the Endangered Species Act of 1973". (f) Section 2(1) of the Federal Environmental Pesticide Control Act of 1972 (Public Law 92-516) is amended by striking out the words "by the Secretary of the Interior under Public Law 91-135" and inserting in lieu thereof the words "or threatened by the Secretary pursuant to the Endangered Species Act of 1973".

963 86 Stat. 1028. ^^e 16 u s^ ^ 1362.

Ant^e. p. ss^. le use 1371.

le use 1372.

16 USC 1402,

fusc'isJnote

REPEALER

SEC. 14. The Endangered Species Conservation Act of 1969 (sections 1 through 3 of the Act of October 15, 1966, and sections 1 through 6 of the Act of December 5, 1969; 16 U.S.C. 668aa—668cc-6), is repealed.

80 Stat. 926 83 Stat. 275

AUTHORIZATION OF APPROPRIATIONS

SEC. 15. Except as authorized in section 6 of this Act, there are authorized to be appropriated— (A) not to exceed $4,000,000 for fiscal year 1974, not to exceed $8,000,000 for fiscal year 1975 and not to exceed $10,000,000 for fiscal year 1976, to enable the Department of the Interior to carry out such functions and responsibilities as it may have been given under this Act; and (B) not to exceed $2,000,000 for fiscal year 1974, $1,500,000 for fiscal year 1975 and not to exceed $2,000,000 for fiscal year 1976, to enable the Department of Commerce to carry out such functions and responsibilities as it may have been given under this Act. EFFECTIVE DATE

SEC. 16. This Act shall take effect on the date of its enactment. MARINE M A M M A L PROTECTION ACT OF 10 7 2

SEC. 17. Except as otherwise provided in this Act, no provision of this Act shall take precedence over any more restrictive conflicting provision of the Marine Mammal Protection Act of 1972. A

1 T^

,

Approved December 28, 1973.

^^ Stat. 1027. 16 USC 1361

note.

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Page:United States Statutes at Large Volume 87.djvu/936

 904

PUBLIC LAW 93-206-DEC. 28, 1973

[87

STAT.

Public Law 93-206 December 28, 1973 [S.1529]

American F a l l s Dam, Minidoka project, Idaho. Replacement.

49 Stat. 8 6 3. 16 USC 791a.

Storage and contract r i g h t s, protection.

River crossing construction.

72 Stat. 917.

AN ACT To authorize the Secretary- of the Interior to enter into agreements with nonFederal agencies for the replacement of the existing American Falls Dam, Minidoka project, Idaho, 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 the Interior (hereinafter called the Secretary) is authorized to negotiate and enter into agreements with the American Falls Reservoir District or other appropriate agency representing the present spaceholders (hereinafter called the constructing agency), which agreements shall authorize the constructing agency to finance and provide for the construction of a dam and related facilities to replace the existing American Falls Dam of the Minidoka project, Idaho-Wyoming. The United States shall take title to the dam upon a determination by the Secretary that construction of the dp-m is substantially completed, and the dam shall be a feature of the Minidoka reclamation project and shall be considered to be a "Government dam" as defined by the Federal Power Act (Act of June 10, 1920, 41 Stat. 1063, as amended). The Secretary shall operate and maintain the replacement dam as a feature of the Minidoka project. The construction and operation of the replacement dam shall not result in an increase in the elevation of the reservoir water surface above that maintained for the original dam, and provision shall be made for the correction and prevention of erosion related to the reservoir or for the full and adequate compensation of adjacent landowners (including owners of land subject to a flowage easement for the reservoir) if such erosion cannot be corrected or prevented. SEC. 2. (a) Replacement of the existing dam as authorized in section 1 hereof shall in no way alter or change the present proportionate storage rights of present spaceholdeis in the American Falls Reservoir and shall constitute a reaffirmation of existing contract rights between the Secretary and the spaceholders except as otherwise provided in this Act. (b) The constructing agency shall: (i) include as a part of the project, a river crossing meeting the then current Department of Transportation standards for Federal-aid secondary highway twolane traffic, which crossing shall be located on top of the replacement dam or immediately downstream from the dam, and which crossing shall be financed by State, Federal, and constructing agency funds, or any combination thereof as the parties deem appropriate; and (ii) design and construct an additional two lanes on top of the replacement dam, which additional two lanes may be funded with State, Federal, or constructing agency funds, or any combination thereof. For the purposes of subpart (ii) of this subsection, the constructing agency shall be considered an "agency" within the meaning of section 320(a) of title 23, United States Code. (c) The plans and specifications for the c<mstruction of the dam shall require that an adequate two-lane, two-way crossing shall be maintained at or near the site of the dam during construction.

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Page:United States Statutes at Large Volume 87.djvu/937

 87

STAT.]

PUBLIC LAW 93-206-DEC. 28, 1973

SEC. 3. The constructing agency may enter into repayment contracts with the spaceholders in the existing American Falls Reservoir providing for the repayment by the spaceholders of proportionate shares of the total project costs incurred by the constructing agency for engineering, financing, designing, anci constructing the replacement dam. and the Secretary shall be a party to said contracts and the delivery of water to the spaceholders shall be contingent upon the execution of such contracts and the fulfillment of the obligations thereunder: Provided. That said contracts shall be consistent with the terms of existing contracts between the Secretary and the spaceholders for repayment of the costs of the existing American Falls Dam. SEC. 4. The constructing agency may contract with an appropriate non-Federal entity for the use of the falling water leaving the dam for power generation, which contract shall provide for a monetary return to the constructing agency to defray the costs of construction of the replacement dam. The constructing agency may enter into agreements with an appropriate non-Federal entity to coordinate the construction of hydroelectric power facilities with the construction of the replacement dam. The contract and agreements for use of the falling water shall not be subject to the limitations of section 9(c) of the Reclamation Pioject Act of 1939 (53 Stat. 1194), or any simihar limitations in any other applicable Acts of Congress: Provided. That said contract for falling water shall be approved by the Secretary and shall not impair the efficiency of the project to serve the other purposes of the Minidoka project. SEC. 5. Construction of the replacement dam shall not be initiated until the Secretary has approved the designs and specifications of the dam and the plan of construction of the dam and of the proposed operation of the dam and reservoir. Construction of each related facility shall not be initiated until the Secretary has approved the designs and specifications thereof. Costs incurred by the Secretary in reviewing such designs, specifications, plans, and construction shall be included as project costs allocated to beneficiaries of the replacement dam and shall be reimbursable to the Secretary. SEC. 6. The Secretary is authorized to provide specific facilities for public recreation and fish and wildlife enhancement in connection with the replacement dam, and the costs of such facilities shall be I'cpaid in accordance with the provisions of the Federal Water Project Recreation Act (79 Stat. 213). In addition, specific facilities for public recreation may also be provided in accordance with the I^and and "Water Conservation Fund Act of 1965 (78 Stat. 897), as amended afiC.S.C. 46.etse(i.). SEC. 7. There is hereby authorized to be appropriated for construction of specific facilities for public recreation and fish and waldlife enhancement the sum of $400,000 (July 1972 prices) plus or minus such amounts, if any, as may be required by reason of the changes in the cost of construction work of the type involved therein as shown by engineering cost indices. There are also authorized to be appropriated such funds as may be necessary to meet the prorated construction cost apportionable to the irrigation storage rights of the Michaud Division of the Fort Hall Indian Reservation for space in the reservoir behind the American Falls Replacement Dam and such cost shall be subject to the Act of July 1, 1932 (47 Stat. 564; 25 U.S.C. 368a). There are also authorized to be appropriated such funds as are required for the operation and maintenance of the dam and related facilities. Approved December 28, 1973.

m^ Repayment contracts with s p a c e holders.

L e a s i n g contract for hydroe l e c t r i c power production.

43 USC 485h.

D e s i g n s and specification Si, approval.

C o s t s, reimbursement to Secretary of Interior. Recreational, fish, and wildlife facilities.

16 USC 460^12 note.

Appropriation.

Fort Hall Indian Reservation, irrigation storage rights c o s t s.

25 USC 386a.

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Page:United States Statutes at Large Volume 87.djvu/938

 906

PUBLIC LAW 93-207-DEC. 28, 1973

[87

STAT.

Public Law 93-207 December 28, 1973 [S.1776]

Federal Water Pollution Control Act, amendments. 33 USC 1254. 33 USC 1286. 33 USC 1287. 33 USC 1321.

33 USC 1325.

5 USC 5101, 5331.

33 USC 1369. Assistance applications. 33 USC 1286.

86 Stat. 591,

AN ACT To amend the Federal Water Pollution Control Act, as amendHl. Be it enacted by the Senate and House of Representatives of the Vnited States of America in Congress assembled, That the Federal Water Pollution Control Act (86 Stat. 816; 33 VS.C. 1251 ot seq.) is amended— (1) in section 104(u)(2), by striking out "fiscal year 1973 and inserting in lieu thereof "fiscal years 1973 and 1974"; (2) in section 206(e), by striking out "$2,000,000,000" and inserting in lieu thereof "$2,600,000,000; (3) in section 207, by inserting "206(e),'" after "sections"'; (4) in section 311— (A) by striking out " (b)(2) " wherever it appears in paragraphs (1), (2), and (3), of subsection (f), and inserting in lieu thereof " (b)(3) "; (B) by striking out "Secretary" in the last sentence of paragraph (2) of subsection (f), and inserting in lieu thereof "Administrator"; and (C) by striking out "(b)(2) " wherever it appears in subsections (g) and (i), and inserting in lieu thereof " (b)(3) "; (5) in section 315, by redesignating subsection (g) as subsection (h), and by adding a new subsection (g) to read as follows: " (g) In addition to authority to appoint personnel subject to the provisions of title 5, United States Code, governing appointments in the competitive service, and to pay such personnel in accordance with the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay lates, the Commission shall have authority to enter into contracts with private or public organizations who shall furnish the Commission with such administrative and technical personnel as may be necessary to carry out the purpose of this section. Personnel furnished by such organizations under this subsection are not, and shall not be considered to be. Federal employees for any purposes, but in the performance of their duties shall be guided by the standards which apply to employees of the legislative branches under rules 41 and 43 of the Senate and House of Representatives, respectively."; and (6) in section 509(b)(1)(C), by striking out "treatment" and inserting in lieu thereof "pretreatment". SEC. 2. Notwithstanding the requirements of subsection (c) of section 206 of the Federal Water Pollution Control Act (86 Stat. 838). jjpplications for assistance under section 206 may be filed with the Administrator of the Environmental Protection Agency until January 31, 1974. SEC. 3. Funds available for reimbursement under Public Law 92-399 shall be allocated in accordance with subsection (d) of section 206 of the Federal Water Pollution Control Act (86 Stat. 838), pro rata among all projects eligible under subsection (a) of such section 206 for which applications have been submitted and approved by the Administrator pursuant to such Act. Notwithstanding the provisions of subsection (d) of such section 206, (1) the Administrator is authorized to make interim payments to each such project for which an application has been approved on the basis of estimates of maximum pro rata entitlement of all applicants under section 206(a) and (2) for the purpose of determining allocation of sums available under Public Law 92-399, the unpaid balance of reimbursement due such projects shall be computed as of January 31, 1974. Upon completion by

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Page:Tom Swift and His Airship.djvu/109

Rh and a couple of braces and bits. Harrison, the hardware dealer, ordered them for me from New York, and they were to be ready this afternoon, but I forgot them. Take an empty valise with you, and you can carry them on your motor-cycle. I'm sorry to have forgotten it, but—"

"That's all right, Mr. Sharp, I'd just as soon go as not. It will make the time pass more quickly. I'll start right off."

An hour later, having received the tools, which made quite a bundle, the lad put them in the valise, and started back toward home. As he swung around the corner on which the bank was located—the same bank in which Ned Newton worked—one of the valves on the motor-cycle began to leak. Tom dismounted to adjust it, and had completed the work, being about to ride on, when down the street came Andy Foger and Sam Snedecker. They started at the sight of our hero.

"There he is now!" exclaimed Sam, as if he and the red-haired bully had been speaking of the young inventor.

"Let's lick him!" proposed Andy. "Now's our chance to get even for throwing that paint and soot on us."

Tom heard their words. He was not afraid of both the lads, for, though each one matched

title: Page:Tom Swift and His Airship.djvu/109