text:
Page:United States Statutes at Large Volume 96 Part 2.djvu/618

 96 STAT. 1980

PUBLIC LAW 97-394—DEC. 30, 1982 DEPARTMENTAL OFFICES OFFICE OF THE SECRETARY

For necessary expenses of the Office of the Secretary of the Interior, $41,589,000, of which not less than $400,000 is for reimbursement to the United States Park PoHce and not to exceed $10,000 may be for official reception and representation expenses. CONSTRUCTION MANAGEMENT

For necessary expenses of the Office of Construction Management, $896,000. OFFICE OF THE SOUCITOR

For necessary expenses of the Office of the Solicitor, $18,404,000. OFFICE OF THE INSPECTOR GENERAL

Ante, p. 1705.

For necessary expenses of the Office of the Inspector General, $21,500,000 including $2,600,000 to be available for fiscal year 1983 expenses of the offices of the Government Comptroller for the Virgin Islands, the Government Comptroller for Guam, Trust Territory of the Pacific Islands, the Northern Mariana Islands, and the Government Comptroller for American Samoa, as authorized by law (Public Law 95-134, 91 Stat. 1161, 1162; Public Law 96-205, 94 Stat. 85, 90; Public Law 97-357): Provided, That the Inspector General shall certify quarterly to the appropriate committees of the Congress on the faithful execution of laws administered by the Department: Provided further, That vacancies occurring in the offices of the Government Comptrollers may not be reallocated to any other organization unless approved through reprograming procedures. OFFICE OF WATER POLICY

42 USC 7801

For necessary expenses of the Office of Water Policy to develop and administer a water policy for the Department of the Interior pertinent to lands and resources managed thereby, $1,768,000, and $6,000,000 to be transferred to the Bureau of Reclamation, to remain available until expended, of which $5,000,000 shall be used to continue research consistent with programs identified in 42 U.S.C. 7816 and $1,000,000 shall be used to administer projects transferred from the Office of Water Research and Technology and $6,350,000 for expenses necessary in carrying out the provisions of the Water Research and Development Act of 1978 (Public Law 95-467).

note. ADMINISTRATIVE PROVISIONS

There is hereby authorized for acquisition, from available resources within the Working Capital Fund, 5 additional aircraft, all of which may be from surplus: Provided, That no programs funded with appropriated funds may be augmented through the Working Capital Fund or the Consolidated Working Fund. GENERAL PROVISIONS, DEPARTMENT OF THE INTERIOR SEC 101. Appropriations made in this title shall be available for expenditure or transfer (within each bureau or office), with the

�


text:
Page:United States Statutes at Large Volume 96 Part 2.djvu/619

 PUBLIC LAW 97-394—DEC. 30, 1982

96 STAT. 1981

approval of the Secretary, for the emergency reconstruction, replacement, or repair of aircraft, buildings, utilities, or other facilities or equipment damaged or destroyed by fire, flood, storm, or other unavoidable causes: Provided, That no funds shall be made available under this authority until funds specifically made available to the Department of the Interior for emergencies shall have been exhausted. SEC. 102. The Secretary may authorize the expenditure or transfer of any no year appropriation in this title, in addition to the amounts included in the budget programs of the several agencies, for the suppression or emergency prevention of forest or range fires on or threatening lands under jurisdiction of the Department of the Interior and for the emergency rehabilitation of burned-over lands under its jurisdiction, and for emergency reclamation projects under section 410 of Public Law 95-87, and shall transfer, from any no 30 USC 1240. year funds available, to the Office of Surface Mining such funds as may be necessary to permit assumption of regulatory authority in the event a primacy State is not carrying out the regulatory provisions of the Surface Mining Act, such funds to be replenished by a 30 USC 1201. supplemental appropriation which must be requested as promptly as possible: Provided, That appropriations made in this title for fire suppression purposes shall be available for the payment of obligations incurred during the preceding fiscal year, and for reimbursement to other Federal agencies for destruction of vehicles, aircraft, or other equipment in connection with their use for fire suppression purposes, such reimbursement to be credited to appropriation* currently available at the time of receipt thereof: Provided further. That no appropriations made in this title shall be available for acquisition of automatic data processing equippient^ ^software, or services in excess of $1,000,000 systems life 'COst, without prior approval of the Secretary. SEC. 103. Appropriations made in this title shall be available for operation of warehouses, garages, shops, and similar facilities, wherever consolidation of activities will contribute to efficiency or economy, and said appropriations shall be reimbursed for services rendered to any other activity in the same manner as authorized by the Act of June 30, 1932 (31 U.S.C. 686): Provided, That reimbursements for costs and supplies, materials, equipment and for services rendered may be credited to the appropriation current at the time such reimbursements are received. SEC. 104. Appropriations made to the Department of the Interior in this title shall be available for services as authorized by 5 U.S.C. 3109, when authorized by the Secretary, in total amount not to exceed $300,000, with not more than $7,500 to be paid to any one company or individual; hire, maintenance, and operation of aircraft; hire of passenger motor vehicles; purchase of reprints; payment for telephone service in private residences in the field, when authorized under regulations approved by the Secretary, and the payment of dues, when authorized by the Secretary, for library membership in societies or associations which issue publications to members only or at a price to members lower than to subscribers who are not members. SEC. 105. Appropriations available to the Department of the Interior for salaries and expenses shall be available for uniforms or allowances therefor, as authorized by law (5 U.S.C. 5901-5902 and D.C. Code 4-204).

�

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


text:
Page:United States Statutes at Large Volume 96 Part 2.djvu/620

 96 STAT. 1982

PUBLIC LAW 97-394—DEC. 30, 1982

SEC. 106. Appropriations made in this title shall be available for obligation in connection with contracts issued by the General Services Administration for services or rentals for periods not in excess of twelve months beginning at any time during the fiscal year. SEC. 107. No funds provided in this title may be expended by the Department of the Interior for the procurement, leasing, bidding, exploration, or development of lands within the Department of the Interior Central and Northern California Planning Area which lie north of the line between the row of blocks numbered N816 and the row of blocks numbered N817 of the Universal Transverse Mercator Grid System. SEC. 108. No funds provided in this title may be expended by the Department of the Interior for the procurement, leasing, bidding, exploration, or development of the following tracts within the Block, Hudson, Toms, Carteret, Lindenkhol, Spencer, Wilmington, Baltimore, Washington, or Norfolk Canyons of Outer Continental Shelf Lease Sale Numbered 76: Block Canyon, NK 19-10: 945, 946, 989, 990; Hudson Canyon, NJ 18-3: 290, 291, 334, 335, 336, 379, 380, 423427, 467-471, 513-515, 558, 559; Toms Canyon, NJ 18-3: 815, 859; Lindenkohl Canyon, NJ 18-6: 193-194; Wilmington Canyon, NJ 186: 491, 492, 535, 536, 579, 580, 624; Baltimore Canyon, NJ 18-6: 750, 751, 794, 838, 882, 883; Washington Canyon, NJ 18-8: 515, 516, 559, 560, 604; and Norfolk Canyon, NJ 18-8: 907, 908, 909, 951, 952, 953, 997. SEC. 109. None of the funds appropriated or otherwise made available pursuant to this Act shall be obligated or expended to finance changing the name of the mountain located 63 degrees, 04 minutes, 15 seconds west, presently named and referred to as Mount McKinley. SEC. 110. Notwithstanding any other provision of law, section 1002 of the Alaska National Interest Lands Conservation Act (Public Law 96-487) (16 U.S.C. 3142(e)(2)(C)) is amended as follows: Insert before the period: "and: Provided, That the Secretary shall prohibit by regulation any person who obtains access to such data and information from the Secretary or from any person other than a permittee from participation in any lease sale which includes the areas from which the information was obtained and from any commercial use of the information. The Secretary shall require that any permittee shall make available such data to any person at fair cost.". TITLE II—RELATED AGENCIES DEPARTMENT OF AGRICULTURE FOREST SERVICE FOREST RESEARCH

For necessary expenses of forest research as authorized by law, $105,021,000. STATE AND PRIVATE FORESTRY

For necessary expenses of cooperating with, and providing technical and financial assistance to States, Territories, possessions, and others; and for forest pest management activities, $62,328,00, of which $58,828,000 shall remain available for obligation until September 30, 1984, to carry out activities authorized in Public Law 95-

�


text:
Page:United States Statutes at Large Volume 96 Part 2.djvu/621

 PUBLIC LAW 97-394—DEC. 30, 1982

96 STAT. 1983

313: Provided, That a grant of $3,000,000 shall be made to the State 16 USC 2101 of Minnesota for the purposes authorized by section 6 of Public Law ^°^95-495. 92 Stat. 1652. NATIONAL FOREST SYSTEM

For necessary expenses of the Forest Service, not otherwise provided for, for management, protection, improvement, and utilization of the National Forest System, and for liquidation of obligations incurred in the preceding fiscal year for forest fire protection and emergency rehabilitation, including administrative expenses associated with the management of funds provided under the heads "Forest Research", "State and Private Forestry", "National Forest System", "Construction", and "Land Acquisition', $1,010,436,000, of which $182,500,000 for reforestation and timber stand improvement, cooperative law enforcement, and maintenance of forest development roads and trails shall remedn available for obligation until September 30, 1984. CONSTRUCTION

For necessary expenses of the Forest Service, not otherwise provided for, for construction, $281,431,000, to remain available until expended, of which $26,316,000 is for construction and acquisition of buildings and other facilities; and $246,115,000 is for construction of forest roads and trails by the Forest Service as authorized by 16 U.S.C. 532-538 and 23 U.S.C. 101 and 205; and $9,000,000, to remain available until expended, for final payment, subject to the execution of a final agreement between the Secretary of the Interior, the Secretary of Agriculture, and the Chugach Natives, Incorporated, for the final settlement of land claims of the Chugach Natives, Incorporated, as authorized by section 1302(h) and section 1430 of the Alaska National Interest Lands Conservation Act (Public Law 96-487) and section 22(f) of the Alaska Native Claims Settlement 94 Stat. 2474, Act, as amended (Public Law 94-204): Provided, That funds becom- loYr'ar ^R9^ ing available in fiscal year 1983 under the Act of March 4, 1913 (16 ^^ ^^ ^^ " U.S.C. 501), shall be transferred to the General Fund of the Treasury of the United States: Provided further. That no more than $240,000,000, to remain available without fiscal year limitation, shall be obligated for the construction of forest roads by timber purchasers. YOUTH CONSERVATION CORPS

There is appropriated $10,000,000, of which $3,400,000 is hereby transferred to "National Forest System", $3,300,000 is hereby transferred to "Operation of the National Park System", National Park Service, and $3,300,000 is hereby transferred to "Resource Management", United States Fish and Wildlife Service, for high priority projects which shall be carried out as if authorized by Public Law 93-408. 16 USC LAND ACQUISITION

1701-1706.

For expenses necessary to carry out the provisions of the Land and Water Conservation Fund Act of 1965, as amended (16 U.S.C. 4601-4-11), including administrative expenses, and for acquisition of I6 USC 460/-4land or waters, or interest therein, in accordance with statutory 460Z-11. authority applicable to the Forest Service, $56,877,000, to be derived from the Land and Water Conservation Fund, to remain available

�


text:
Page:United States Statutes at Large Volume 96 Part 2.djvu/622

 96 STAT. 1984

PUBLIC LAW 97-394—DEC. 30, 1982

until expended: Provided, That the unexpended balance of funds appropriated to the Forest Service in Heritage Conservation and Recreation Service "Land and Water Conservation Fund" shall be merged with this appropriation. ACQUISITION OF LANDS FOR NATIONAL FORESTS SPECIAL ACTS

For acquisition of land within the exterior boundaries of the Cache National Forest, Utah; Uinta and Wasatch National Forests, Utah; Toiyabe National Forest, Nevada; Angeles National Forest, California; and, San Bernardino and Cleveland National Forests, California, as authorized by law, $753,000, to be derived from forest receipts. ACQUISITION OF LANDS TO COMPLETE LAND EXCHANGES

For acquisition of lands in accordance with the Act of December 4, 1967 (16 U.S.C. 484a), all funds deposited by public school authorities pursuant to that Act, to remain available until expended. RANGE BETTERMENT FUND

43 USC 1751.

For necessary expenses of range rehabilitation, protection, and improvement in accordance with section 4010>X1), of the Act of October 21, 1976, Public Law 94-579, as amended, 50 per centum of all moneys received during the prior fiscal year, as fees for grazing domestic livestock on lands in National Forests in the sixteen Western States, to remain available until expended. MISCELLANEOUS TRUST FUNDS

For expenses authorized by 16 U.S.C. 1643(b), $90,000, to remain available until expended, to be derived from the fund established pursuant to 16 U.S.C. 1643(b). ADMINISTRATIVE PROVISIONS, FOREST SERVICE

Appropriations to the Forest Service for the current fiscal year shall be available for: (a) purchase of not to exceed 223 passenger motor vehicles of which 8 will be used primarily for law enforcement purposes and of which 210 shall be for replacement only, acquisition of 217 passenger motor vehicles from excess sources, and hire of such vehicles; operation and maintenance of aircraft, the purchase of not to exceed 4 for replacement only, and acquisition of 49 aircraft from excess sources; (b) services pursuant to the second sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $100,000 for employment under 5 U.S.C. 3109; (c) uniform allowances for each uniformed employee of the United States Forest Service, not in excess of $400 annually; (d) purchase, erection, and alteration of buildings and other public improvements (7 U.S.C. 2250); (e) acquisition of land, waters, and interests therein, pursuant to the Act of August 3, 1956 (7 U.S.C. 428a); and (f) for expenses pursuant to the Volunteers in the National Forest Act of 1972 (16 U.S.C. 558a, 558d, 558a note). None of the funds made available under this Act shall be obligated or expended to change the boundaries of any region, to abolish

�


text: Index:Narrative of an Official Visit to Guatemala.djvu


text:
Page:United States Statutes at Large Volume 96 Part 2.djvu/623

 PUBLIC LAW 97-394—DEC. 30, 1982

96 STAT. 1985

any region, to move or close any regional office for research. State and private forestry, and National Forest System administration of the Forest Service, Department of Agriculture, without the consent of the House and Senate Committees on Appropriations and the Committee on Agriculture, Nutrition, and Forestry in the United States Senate and the Committee on Agriculture in the United States House of Representatives. None of the funds made available under this Act shall be obligated or expended to adjust annual recreational residence fees to an amount greater than that annual fee in effect at the time of the next to last fee adjustment, plus 50 per centum. In those cases where the currently applicable annual recreational residence fee exceeds that adjusted amount, the Forest Service shall credit to the permittee that excess amount, times the number of years that that fee has been in effect, to offest future fees owed to the Forest Service. Any appropriations or funds available to the Forest Service may be advanced to the National Forest System appropriation for the emergency rehabilitation of burned-over lands under its jurisdiction. Appropriations and funds available to the Forest Service shall be available to comply with the requirements of section 313(a) of the Federal Water Pollution Control Act, as amended (33 U.S.C. 1323(a)). The appropriation structure for the Forest Service may not be altered without advance approval of the House and Senate Committees on Appropriations. Funds appropriated to the Forest Service shall be available for assistance to or through the Agency for International Development and the Office of International Cooperation and Development in connection with forest and rangeland research and technical information and assistance in foreign countries. Funds previously appropriated for timber salvage sales may be recovered from receipts deposited for use by the applicable national forest and credited to the Forest Service Permanent Appropriations to be expended for timber salvage sales from any national forest. Provisions of section 702(b) of the Department of Agriculture Organic Act of 1944 (7 U.S.C. 2257) shall apply to appropriations available to the Forest Service only to the extent that the proposed transfer is approved by the House and Senate Committees on Appropriations in compliance with the reprograming procedures contained in House Report 97-942. No funds appropriated to the Forest Service shall be transferred to the Working Capital Fund of the Department of Agriculture without the approval of the Chief of the Forest Service. DEPARTMENT OF ENERGY FOSSIL ENERGY RESEARCH AND DEVELOPMENT

For necessary expenses in carrying out fossil energy research and development activities, under the authority of the IDepartment of Energy Organization Act (Public Law 95-91), $215,514,000 and 42 USC 7101 $31,700,000 to be derived by transfer from the account in Public Law "°*^^ 96-126 (93 Stat. 970 (1979)) entitled "Alternative Fuels Production", 42 USC 5915 and $40,000,000 to be derived by transfer from the account in Public "°*® Law 96-304 entitled "Energy Security Reserve" established to carry out the provisions set forth in section 204(a)(2) of the "Energy Security Act" (Public Law 96-294), to remain available until 42 USC 8803. expended: Provided, That no part of the sum herein appropriated

�


text:
Page:United States Statutes at Large Volume 96 Part 2.djvu/624

 96 STAT. 1986

42 USC 5915 "°*®-

PUBLIC LAW 97-394—DEC. 30, 1982

shall be used for the field testing of nuclear explosives in the recovery of oil and gas: Provided further. That the facilities associated with the Carbondale Mining Research Center shall be made available to the Department of Energy for lease or other suitable arrangement by the Department of Energy to Southern Illinois University: Provided further. That $2,000,000 appropriated under the account entitled Alternative Fuels Production" in Public Law 96-126 (93 Stat. 970 (1979)), for project development feasibility studies, is hereby transferred to this account to be used until expended for a jointly funded feasibility study of a Western Hemisphere alternative fuels facility which would utilize coal exported from the United States. NAVAL PETROLEUM AND OIL SHALE RESERVES

For necessary expenses in carrying out naval petroleum and oil shale reserves activities, $222,000,000, to remain available until expended. ENERGY CONSERVATION (INCLUDING TRANSFER OF FUNDS)

92 Stat. 47.

For necessary expenses in carrying out energy conservation activities, $279,290,000 and $64,000,000 to be derived by transfer from "Fossil e n e r ^ construction". Department of Energy, to remain available until expended: Provided, That the indebtedness guaranteed or committed to be guaranteed under section 10 of the Electric and Hybrid Vehicle Research, Development and Demonstration Act of 1976, as amended (15 U.S.C. 2509), shall not exceed the aggregate of $16,000,000: Provided further. That the funds for low-income weatherization activities appropriated under this Act shall be expended according to the regulations pertaining to the maximum allowable expenditures per dwelling unit which were in effect on October 1, 1982, and to the regulations pertaining to priority in providing weatherization assistance which were in effect on October 1, 1982: Provided fuHher, That $34,400,000 shall be transferred to the Administrator, National Aeronautics and Space Administration for program management of the advanced automobile propulsion systems development program and the heavy duty transport program established in Public Law 95-238. ECONOMIC REGULATION

42 USC 8301 note.

For necessary expenses in carrying out the activities of the Economic Regulatory Administration, the Office of Hearings and Appeals and emergency preparedness activities, $35,106,000: Provided, That $2,000,000 of the funds herein appropriated shall be available for the fuels conversion program, of which not less than $1,500,000 shall be available only for expenses in issuing prohibition orders under the Powerplant and Industrial Fuel Use Act and other related laws. SPR PETROLEUM ACCOUNT

95 Stat. 619. 95 Stat. 357.

The aggregate amount that may be obligated under section 167 of the Energy Policy and Conservation Act of 1975 (Public Law 94-163), as amended by the Omnibus Budget Reconciliation Act of 1981 (Public Law 97-35), for the acquisition and transportation of petroleum, and for other necessary expenses is $2,074,060,000, in addition

�


text:
Page:United States Statutes at Large Volume 96 Part 2.djvu/625

 PUBLIC LAW 97-394—DEC. 30, 1982

96 STAT. 1987

to authority provided for fiscal year 1982, to remain available until expended. ENERGY INFORMATION ADMINISTRATION

For necessary expenses in carrying out the activities of the Energy Information Administration, $56,400,000. ADMINISTRATIVE PROVISIONS, DEPARTMENT OF ENERGY

Appropriations under this Act for the current fiscal year shall be available for hire of passenger motor vehicles; hire, maintenance, and operation of aircraft; purchase, repair, and cleaning of uniforms; and reimbursement to the General Services Administration for security guard services. From this appropriation, transfers of sums may be made to other agencies of the Government for the performsince of work for which the appropriation is made. None of the funds made available to the Department of Energy under this Act shall be used to implement or finance authorized price support or loan guarantee programs unless specific provision is made for such programs in an appropriations Act. The Secretary is authorized to accept lands, buildings, equipment, and other contributions from public and private sources and to prosecute projects in cooperation with other agencies. Federal, State, private, or foreign: Provided, That (1) revenues received from the sale of any products produced in facilities other than demonstration plants operated as part of Department of Energy programs appropriated under this Act shall be covered into the Treasury as miscellaneous receipts; and (2) revenues and other moneys received by or for the account of the Department of Energy or otherwise generated by sale of products in connection with demonstration plant projects of the Department appropriated under this Act may be retained by the Secretary of Energy, to be available until expended, and used only for plant construction, operation costs, and payments to cost-sharing entities as provided in appropriate costsharing contracts or Eigreements: Provided further. That the remainder of revenues after the making of such payments shall be covered into the Treasury as miscellaneous receipts: Provided further. That any contract, agreement or provision thereof entered into by the Secretary pursuant to this authority shall be submitted to the Senate Committee on Appropriations and the House Committee on Appropriations and a period of thirty days shall elapse while Congress is in session (in computing the thirty days, there shall be excluded the days on which either the Senate or the House is not in session because of adjournment for more than three days) before the contract, agreement or provision thereof shall become effective, except that such committees, after having received the proposed contract, agreement or provision thereof, may, by separate resolutions in writing, waive the condition of all or any portion of such thirty-day period. Where the Secretary has the legal authority under other provisions of law, including other provisions of this Act, to undertake projects for the design, construction, or operation of Governmentowned facilities for developing or demonstrating the conversion of coal into gaseous, liquid, or solid hydrocarbon products, the Secretary may use the authority contained in Public Law 85-804 (50 U.S.C. 1431-1435), with respect to such contracts or agreements for

Contracts, submittal to congressional committees.

Coal conversion.

�


text: Page:Narrative of an Official Visit to Guatemala.djvu/1


text:
Page:United States Statutes at Large Volume 96 Part 2.djvu/626

 96 STAT. 1988

50 USC 1431-1435.

PUBLIC LAW 97-394—DEC. 30, 1982

or related to such projects: Provided, That any contract, agreement, or provision thereof entered into by the Secretary using the authority of Public Law 85-804 shall be submitted to the Senate Committee on Appropriations and the House Committee on Appropriations and a period of thirty days shall elapse while Congress is in session (in computing the thirty days, there shall be excluded the days on which either the Senate or the House is not in session because of adjournment for more than three days) before the contract, agreement or provision thereof shall become effective, except that such committees, after having received the proposed contract, agreement or provision thereof, may, by separate resolutions in writing, waive the condition of all or any portion of such thirty-day period. The notification required herein shall be in lieu of the notification requirements of Public Law 85-804. Funds appropriated by this and subsequent Acts for fossil energy research and development activities may be used by the Secretary of Energy to enter into arrangements with the University of Wyoming, or any nonprofit corporation controlled by the university, for the purpose of encouraging research and development activities in the oil shale, underground coal conversion, and tar sands programs. In addition, the Secretary shall, subject to any terms and conditions which the Secretary may impose, transfer to the university or to such nonprofit corporation, all or any part of the Government's right, title, and interest in and to the land, buildings, improvements, fixtures, equipment and furnishings in the Secretary's custody of the Laramie Energy Technology Center at Laramie, Wyoming (including leasehold interests, buildings, improvements, fixtures, equipment and furnishings in the Secretary's custody on land not owned by the Government but which is a part of the center, where the Secretary determines that such transfer is integral to the future activities of the university): Provided further. That anticipated employment by the university, or such nonprofit corporation, at the transferred facilities shall not subject center employees to the restrictions of section 208(a), title 18, United States Code, with respect to participation, as Government employees, in any contract or other arrangement for work to be performed by the university entered into by the university and the Department before such transfer is completed: Provided further. That funds appropriated by this and subsequent Acts for fossil energy research and development activities may be used by the Secretary of Energy to enter into arrangements with the University of North Dakota, or any nonprofit corporation controlled by the university, for the purpose of encouraging research and development activities in the low rank coal program. In addition, the Secretary shall, subject to any terms and conditions which the Secretary may impose, transfer to the university or to such nonprofit corporation, all or any part of the Government's right, title, and interest in and to the land, buildings, improvements, fixtures, equipment and furnishings in the Secretary's custody of the lignite coal research laboratory established pursuant to the Act of March 25, 1948 (30 U.S.C. 401 et seq.), at Grand Forks, North Dakota. The transfer shall be deemed in furtherance of that Act: Provided further. That anticipated employment by the university, or such nonprofit corporation, at the transferred facilities shall not subject center employees to the restrictions of section 208(a), title 18, United States Code, with respect to participation, as Government employees, in any contract or other arrangement for work to be

�


text:
Page:United States Statutes at Large Volume 96 Part 2.djvu/627

 PUBLIC LAW 97-394—DEC. 30, 1982

96 STAT. 1989

performed by the university entered into by the university and the Department before such transfer is completed. Notwithstanding any other provision of law, the Secretary of Energy may enter into a contract agreement or arrangement to conduct petroleum related research and development at the facilities of the Department of Energy at the Bartlesville Energy Technology Center in Bartlesville, Oklahoma, with a qualified nonprofit institution on a cost-shared basis for the purpose of carrying out such research and development. Any contract, agreement, or arrangement entered into by the Department of Energy and a nonprofit institution shall establish a joint and/or co-operative relationship which reflects the interest of the Federal Government and the States in conducting such research and development and that the research results shall be available to the public: Provided, That any contract, agreement or provision thereof entered into by the Secretary pursuant to this authority shall be submitted to the Senate Committee on Appropriations and the House Committee on Appropriations and a period of thirty days shall elapse while Congress is in session (in computing the thirty days, there shall be excluded the days on which either the Senate or the House is not in session because of adjournment for more than three days) before the contract, agreement or provision thereof shall become effective, except that such committees, after having received the proposed contract, agreement or provision thereof, may, by separate resolutions in writing, waive the condition of all or any portion of such thirty-day period.

Contract agreement or arrangement to conduct research.

Contracts, submittal to congressional committees.

DEPARTMENT OF HEALTH AND HUMAN SERVICES HEALTH SERVICES ADMINISTRATION INDIAN HEALTH SERVICES

For expenses necessary to carry out the Act of August 5, 1954 (68 Stat. 674), the Indian Self-Determination Act, the Indian Health 42 USC Care Improvement Act, and titles III and V and section 757 of the 2001-2004b. Public Health Service Act, including hire of passenger motor vehi- 25 USC 450 note. cles and aircraft; purchase of reprints; purchase and erection of 25 USC 1601 portable buildings; payments for telephone service in private resi- note.s e 241, 219, 42 u dences in the field, when authorized under regulations approved by 254r. the Secretary, $645,583,000: Provided, That funds made available to tribes and tribal organizations through grants and contracts authorized by the Indian Self-Determination and Education Assistance Act of 1975 (88 Stat. 2203; 25 U.S.C. 450), shall remain available until September 30, 1984. Funds provided in this Act, may be used for oneyear contracts and grants which are to be performed in two fiscal years, so long as the total obligation is recorded in the year for which the funds are appropriated: Provided further. That $5,000,000 of the amounts collected by the Secretary of Health and Human Services under the authority of title IV of the Indian Health Care Improvement Act shall be used to carry out the purposes for which 42 USC 1395f, this appropriation is made and any additional collections shall be 1395n, 1395qq notes, 1396j available until September 30, 1984, for the purpose of achieving and notes, 1396d; and compliance with the applicable conditions and requirements of titles 25 USC 1671 XVIII and XIX of the Social Security Act (exclusive of planning, note. design, construction of new facilities, or major renovation of existing 42 USC 1395, Indian Health Service facilities): Provided further. That funding 1396.

�


text: Page:Narrative of an Official Visit to Guatemala.djvu/2


text:
Page:United States Statutes at Large Volume 96 Part 2.djvu/628

 96 STAT. 1990

25 USC 1613. 42 USC 254r.

PUBLIC LAW 97-394—DEC. 30, 1982

contained herein, and in any earlier appropriations Act, for scholarship programs under section 103 of the Indian Health Care Improvement Act and section 757 of the Public Health Service Act shall remain available for expenditure until September 30, 1984. INDIAN HEALTH FACILITIES

For construction, major repair, improvement, and equipment of health and related auxiliary facilities, including quarters for personnel; preparation of plans, specifications, and drawings; acquisition of sites; purchase and erection of portable buildings, purchase of trailers and for provision of domestic and community sanitation facilities for Indians, as authorized by section 7 of the Act of August 5, 1954 25 USC 450 note. (42 U.S.C. 2004a), the Indian Self-Determination Act and the Indian 25 USC 1601 Health Care Improvement Act, $34,700,000, to remain available "°*® until expended. ADMINISTRATIVE PROVISIONS, HEALTH SERVICES ADMINISTRATION

Appropriations in this Act to the Health Services Administration, available for salaries and expenses, shall be available for services as authorized by 5 U.S.C. 3109 but at rates not to exceed the per diem equivalent to the rate for GS-18, for uniforms or allowances therefor as authorized by law (5 U.S.C. 5901-5902), and for expenses of attendance at meetings which are concerned with the functions or activities for which the appropriation is made or which will contribute to improved conduct, supervision, or management of those functions or activities: Provided, That none of the funds appropriated under this Act to the Indian Health Service shall be available for the initial lease of permanent structures without advance provision therefor in appropriations Acts: Provided further, That nonIndian patients may be extended health care at the Talihina Hospital in Talihina, Oklahoma, and the Zuni-Ramah Indian Health Service Unit in Zuni, New Mexico, if such care can be extended without impairing the ability of the Indian Health Service to fulfill its responsibility to provide health care to Indians served by such facilities and subject to such reasonable charges as the Secretary of Health and Human Services shall prescribe, the proceeds of which shall be deposited in the fund established by sections 401 and 402 of 42 USC I395f, the Indian Health Care Improvement Act: Provided further. That ancfnotfs^^i396" ^^^^^ appropriated to the Indian Health Service in this Act, except and notes,' I396d. those used for administrative and program direction purposes, shall not be subject to limitations directed at curtailing Federal travel and transportation: Provided further. That notwithstanding current regulations, eligibility for Indian Health Services shall be extended to non-Indians in only two situations: (1) a non-Indian woman pregnant with an eligible Indian's child for the duration of her pregnancy through postpartum, and (2) non-Indian members of an eligible Indian's household if the medical officer in charge determines that this is necessary to control acute infectious disease or a public health hazard.

�


text: Page:Narrative of an Official Visit to Guatemala.djvu/3


text:
Page:United States Statutes at Large Volume 96 Part 2.djvu/629

 PUBLIC LAW 97-394—DEC. 30, 1982

96 STAT. 1991

DEPARTMENT OF EDUCATION OFFICE OF ELEMENTARY AND SECONDARY EDUCATION INDIAN EDUCATION

For carrying out, to the extent not otherwise provided. Part A ($48,465,000), and Parts B and C ($16,193,000) of the Indian Educa- 86 Stat. 334, 339, tion Act, and the General Education Provisions Act, $67,247,000. gl^^o use NAVAJO AND HOPI INDIAN RELOCATION COMMISSION SALARIES A N D EXPENSES

For necessary expenses of the Navajo and Hopi Indian Relocation Commission as authorized by Public Law 93-531, $7,665,000, to 25 USC 640dremain available until expended, for operating expenses of the 640d-24. Commission: Provided, That no bonus payments or relocation assist£Uice shall be provided to any person who was not physically residing within the Joint Use Area as of the date of enactment of this Act. SMITHSONIAN INSTITUTION SALARIES A N D EXPENSES

For necessary expenses of the Smithsonian Institution, including research in the fields of art, science, and history; development, preservation, and documentation of the National (Collections; presentation of public exhibits and performances; collection, preparation, dissemination, and exchange of information and publications; conduct of education, training, and museum assistance programs; maintenance, alteration, operation, lease (for terms not to exceed ten years), and protection of buildings, facilities, and approaches; not to exceed $100,000 for services as authorized by 5 U.S.C. 3109; up to 3 replacement passenger vehicles; purchase, rental, repair, and cleaning of uniforms for employees; $144,366,000 including $1,000,000 to be made available to the trustees of the John F. Kennedy Center for the Performing Arts for payment to the National Symphony Orchestra for activities related to responsibilities as resident orchestra of the Center: Provided, That funds appropriated herein are available for advance payments to independent contractors performing research services or participating in official Smithsonian presentations: Provided further. That none these funds shall be available to a Smithsonian Research Foundation. MUSEUM PROGRAMS AND RELATED RESEARCH (SPECIAL FOREIGN CURRENCY PROGRAM)

For payments in foreign currencies which the Treasury Department shall determine to be excess to the normal requirements of the United States, for necessary expenses for carrying out museum programs, scientific and cultural research, and related educational activities, as authorized by law, $2,000,000, to remain available until expended and to be available only to United States institutions: Provided, That this appropriation shall be available, in addition to

�


text:
Page:United States Statutes at Large Volume 96 Part 2.djvu/630

 96 STAT. 1992

PUBLIC LAW 97-394—DEC. 30, 1982

other appropriations to the Smithsonian Institution, for payments in the foregoing currencies: Provided further. That none of these funds shall be available to a Smithsonian Research Foundation: Provided further. That not to exceed $500,000 may be used to make grant awards to employees of the Smithsonian Institution. CONSTRUCTION AND IMPROVEMENTS, NATIONAL ZOOLOGICAL PARK

For necessary expenses of planning, construction, remodeling, and equipping of buildings and facilities at the National Zoological Park, by contract or otherwise, $1,550,000, to remain available until expended. RESTORATION AND RENOVATION OF BUILDINGS

20 USC 53a.

For necessary expenses of restoration and renovation of buildings owned or occupied by the Smithsonian Institution, by contract or otherwise, as authorized by section 2 of the Act of August 22, 1949 (63 Stat. 623), including not to exceed $10,000 for services as authorized by 5 U.S.C. 3109, $8,450,000, to remain available until expended: Provided, That contracts awarded for environmental systems, protection systems, and exterior repair or renovation of buildings of the Smithsonian Institution may be negotiated with selected contractors and awarded on the basis of contractor qualifications as well as price. SALARIES AND EXPENSES, NATIONAL GALLERY OF ART

20 USC 71. 20 USC 74.

For the upkeep and operations of the National Gallery of Art, the protection and care of the works of art therein, and administrative expenses incident thereto, as authorized by the Act of March 24, 1937 (50 Stat. 51), as amended by the public resolution of April 13, 1939 (Public Resolution 9, Seventy-sixth Congress), including services as authorized by 5 U.S.C. 3109; payment in advance when authorized by the treasurer of the Gallery for membership in library, museum, and art associations or societies whose publications or services are available to members only, or to members at a price lower than to the general public; purchase, repair, and cleaning of uniforms for guards, and uniforms, or allowances therefor, for other empoyees as authorized by law (5 U.S.C. 5901-5902); purchase, or rental of devices and services for protecting buildings and contents thereof, and maintenance, alteration, improvement, and repair of buildings, approaches, and grounds; and not to exceed $100,000 for restoration and repair of works of art for the National Gallery of Art by contracts made, without advertising, with individuals, firms, or organizations at such rates or prices and under such terms and conditions as the Gallery may deem proper, $32,878,000, of which not to exceed $4,900,000 for the repair, renovation, and restoration program of the original West Building shall remain available until expended. SALARIES AND EXPENSES, WOODROW WILSON INTERNATIONAL CENTER FOR SCHOLARS

For expenses necessary in carrying out the provisions of the 20 USC 80e note. Woodrow Wilson Memorial Act of 1968 (82 Stat. 1356), including hire of passenger vehicles and services as authorized by 5 U.S.C. 3109, $2,321,000.

�


text: Page:Narrative of an Official Visit to Guatemala.djvu/4


text:
Page:United States Statutes at Large Volume 96 Part 2.djvu/631

 PUBLIC LAW 97-394—DEC. 30, 1982

96 STAT. 1993

NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES NATIONAL ENDOWMENT FOR THE ARTS SALARIES AND EXPENSES

For necessary expenses to carry out the National Foundation on the Arts and the Humanities Act of 1965, as amended, $114,275,000 20 USC 951 note. of which $101,675,000 shall be available to the National Endowment for the Arts for the support of projects and productions in the arts through assistance to groups and individuals pursuant to section 5(c) of the Act, of which not less than 20 per centum of the funds 20 USC 954. provided for section 5(c) shall be available for assistance pursuant to section 5(g) of the Act, and $12,600,000 shall be available for administering the functions of the Act. MATCHING GRANTS

To carry out the provisions of section 10(a)(2) of the National Foundation on the Arts and the Humanities Act of 1965, as 20 USC 959. amended, $29,600,000, to remain available until September 30, 1984, to the National Endowment for the Arts, of which $18,400,000 shall be available for purposes of section 5(1): Provided, That this appro- 20 USC 954. priation shall be available for obligation only in such amounts as may be equal to the total amounts of gifts, bequests, and devises of money, and other property accepted by the Chairman or by grantees of the Endowment under the provisions of section 10(a)(2), subsections 11(a)(2)(A) and 11(a)(3)(A) during the current and preceding 20 USC 960. fiscal years for which equal amounts have not previously been appropriated. NATIONAL ENDOWMENT FOR THE HUMANITIES SALARIES AND EXPENSES

For necessary expenses to carry out the National Foundation on the Arts and the Humanities Act of 1965, as amended, $102,132,000 of which $90,432,000 shall be available to the National Endowment for the Humanities for support of activities in the humanities, pursuant to section 7(c) of the Act, of which not less than 20 per centum shall be available for assistance pursuant to section 7(f) of the Act, and $11,700,000 shall be available for administering the functions of the Act.

20 USC 951 note.

20 USC 956.

MATCHING GRANTS

To carry out the provisions of section 10(a)(2) of the National Foundation on the Arts and the Humanities Act of 1965, as 20 USC 959. amended, $27,928,000, to remain available until September 30, 1984, of which $16,864,000 shall be available to the National Endowment for the Humanities for the purposes of section 7(h): Provided, That 20 USC 956. this appropriation shall be available for obligation only in such amounts as may be equal to the total amounts of gifts, bequests, and devises of money, and other property accepted by the Chairman or gy grantees of the Endowment under the provisions of subsections 11(a)(2)(B) and 11(a)(3)(B) during the current and preceding 20 USC 960.

�


text:
Page:United States Statutes at Large Volume 96 Part 2.djvu/632

 96 STAT. 1994

PUBLIC LAW 97-394—DEC. 30, 1982

fiscal years, for which equal amounts have not previously been appropriated. INSTITUTE OF MUSEUM SERVICES

For carrying out title II of the Arts, Humanities, and Cultural 20 USC 961. Affairs Act of 1976, as amended, $10,800,000: Provided, That none of these funds shall be available for the compensation of Executive 5 USC 5316. Level V or higher positions: Provided further, That notwithstanding 20 USC 962. section 203 of the Museum Services Act, as amended, the Institute of Museum Services hereafter shall be an entity within the National 20 USC 965 note. Foundation on the Arts and the Humanities: Provided further. That regulations of the Institute shall require (1) an appeal process for applications rejected because of technical deficiency, (2) reconsideration of applications upon receipt of materials in a timely manner if the application was rejected because material did not accompany the application, and (3) waivers of certain records under circumstances which would require such waivers. ADMINISTRATIVE PROVISIONS

20 USC 955a, 957a, 963a.

None of the funds appropriated to the National Foundation on the Arts and the Humanities may be used to process any grant or contract documents which do not include the text of 18 U.S.C. 1913: Provided, That hereafter persons serving on the National Council on ^j^g Arts, the National Council on the Humanities, and the Museum Services Board shall continue serving until their successors are qualified for office. COMMISSION OF FINE ARTS SALARIES AND EXPENSES

For expenses made necessary by the Act establishing a Commission of Fine Arts (40 U.S.C. 104), $319,000. ADVISORY COUNCIL ON HISTORIC PRESERVATION SALARIES AND EXPENSES

16 USC 470b, 470^' tm-A70t^' 5 USC 5316

For expenses made necessary by the Act establishing an Advisory Council on Historic Preservation, Public Law 94-422, $1,500,000: ^o^ided. That none of these funds shall be available for the compensation of Executive Level V or higher positions. NATIONAL CAPITAL PLANNING COMMISSION SALARIES AND EXPENSES

For necessary expenses, as authorized by the National Capital Planning Act of 1952 (40 U.S.C. 71-71i), including services as authorized by 5 U.S.C. 3109; and uniforms or allowances therefor, as authorized by law (5 U.S.C. 5901-5902), $2,279,000.

�


text: Page:Narrative of an Official Visit to Guatemala.djvu/5


text:
Page:United States Statutes at Large Volume 96 Part 2.djvu/633

 PUBLIC LAW 97-394—DEC. 30, 1982

96 STAT. 1995

FRANKLIN DELANO ROOSEVELT MEMORIAL COMMISSION SALARIES AND EXPENSES

Unexpended balances of funds available for obligation under this head in fiscal years 1982 and 1983 shall remain available for obligation until September 30, 1984. PENNSYLVANIA AVENUE DEVELOPMENT CORPORATION SALARIES AND EXPENSES

For necessary expenses, as authorized by section 17(a) of Public Law 92-578, as amended, $2,350,000 for operating and administra- 40 USC 885. tive expenses of the Corporation. PUBLIC DEVELOPMENT

For public development activities and projects in accordance with the development plan as authorized by section 17(b) of Public Law 92-578, as amended, $8,750,000, to remain available for obligation 40 USC 885. until expended. FEDERAL INSPECTOR FOR THE ALASKA GAS PIPELINE PERMITTING AND ENFORCEMENT

For necessary expenses of the Federal Inspector for the Alaska Gas Pipeline, $6,125,000, of which not to exceed $1,000 may be used for official reception and representation expenses. HOLOCAUST MEMORIAL COUNCIL HOLOCAUST MEMORIAL COUNCIL

For expenses of the Holocaust Memorial Council, as authorized by Public Law 96-388, $820,000. 36 USC 1401-1408.

DEPARTMENT OF THE TREASURY ENERGY SECURITY RESERVE

Notwithstanding any other law, funds made available from the Energy Security Reserve to the Secretary of Energy for alcohol fuel loan guarantees authorized by title II of the Energy Security Act, Public Law 96-294, may be used to guarantee loans up to three and 42 USC 8801. one-half times the amount held in reserve. TITLE III—GENERAL PROVISIONS SEC. 301. The expenditure of any appropriation under this Act for any consulting service through procurement contract, pursuant to 5 U.S.C. 3109, shall be limited to those contracts where such expenditures are a matter of public record and available for public inspection, except where otherwise provided under existing law, or under existing Executive Order issued pursuant to existing law. SEC. 302. No part of any appropriation under this Act shall be available to the Secretaries of the Interior and Agriculture for use

�


text:
Page:United States Statutes at Large Volume 96 Part 2.djvu/634

 96 STAT. 1996

Shawnee National Forest, 111.

Personal servants, funding prohibition. 16 USC 1132 note, 43 USC 1782.

PUBLIC LAW 97-394—DEC. 30, 1982

for any sale hereafter made of unprocessed timber from Federal lands west of the 100th meridian in the contiguous 48 States which will be exported from the United States, or which will be used as a substitute for timber from private lands which is exported by the purchaser: Provided, That this limitation shall not apply to specific quantities of grades and species of timber which said Secretaries determine are surplus to domestic lumber and plywood manufacturing needs. SEC. 303. No part of any appropriation under this Act shall be available to the Secretary of the Interior or the Secretary of Agriculture for the leasing of oil and natural gas by noncompetitive bidding on publicly owned lands within the boundaries of the Shawnee National Forest, Illinois: Provided, That nothing herein is intended to inhibit or otherwise affect the sale, lease, or right to access to minerals owned by private individuals. SEC. 304. No part of any appropriation contained in this Act shall be available for any activity or the publication or distribution of literature that in any way tends to promote public support or opposition to any legislative proposal on which congressional action is not complete. SEC. 305. No funds appropriated by this Act shall be available for the implementation or enforcement of any rule or regulation of the United States Fish and Wildlife Service, Department of the Interior, requiring the use of steel shot in connection with the hunting of waterfowl in any State of the United States unless the appropriate State regulatory authority approves such implementation and enforcement. SEC. 306. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein. SEC. 307. None of the funds provided in this Act to any department or agency shall be obligated or expended to provide a personal cook, chauffeur, or other personal servants to any officer or employee of such department or agency. SEC. 308. Except for lands described by section 105 and 106 of Public Law 96-560, section 103 of Public Law 96-550, section 5(d)(1) of Public Law 96-312 and section 603 of Public Law 94-579, and except for land in the State of Alaska, and lands in the national forest system released to management for any use the Secretary of Agriculture deems appropriate through the land management planning process by any statement or other Act of Congress designating components of the National Wilderness Preservation System now in effect or hereinafter enacted, none of the funds provided in this Act shall be obligated for any aspect of the processing or issuance of permits or leases pertaining to exploration for or development of coal, oil, gas, oil shale, phosphate, potassium, sulphur, gilsonite, or geothermal resources on Federal lands within any component of the National Wilderness Preservation System or within any Forest Service RARE II areas recommended for wilderness designation or allocated to further planning in Executive Communication 1504, Ninety-sixth Congress (House Document numbered 96-119); or within any lands designated by Congress as wilderness study areas: Provided, That nothing in this section shall prohibit the expenditures of funds for any aspect of the processing or issuance of permits pertaining to exploration for or development of the mineral resources described in this section, within any component of the National Wilderness Preservation System now in effect or hereinafter en-

�


text: Page:Narrative of an Official Visit to Guatemala.djvu/6


text:
Page:United States Statutes at Large Volume 96 Part 2.djvu/635

 PUBLIC LAW 97-394—DEC. 30, 1982

96 STAT. 1997

acted, any Forest Service RARE II areas recommended for wilderness designation or allocated to further planning or within any lands designated by Congress as wilderness study areas, under valid existing right or leases validly issued in accordance with all applicable Federal, State, and local laws or valid mineral rights in existence prior to October 1, 1982: Provided further, That funds provided in this Act may be used by the Secretary of Agriculture in any area of National Forest lands or the Secretary of the Interior to issue under their existing authority in any area of national forest or public lands withdrawn pursuant to this Act such permits as may be necessary to conduct prospecting, seismic surveys, and core sampling conducted by helicopter or other means not requiring construction of roads or improvement of existing roads or ways, for the purpose of gathering information about and inventorying energy, mineral, and other resource values of such area, if such activity is carried out in a manner compatible with the preservation of the wilderness environment: Provided further. That seismic activities involving the use of explosives shall not be permitted in designated wilderness areas: Provided further. That funds provided in this Act may be used by the Secretary of the Interior to augment recurring surveys of the mineral values of wilderness areas pursuant to section 4(d)(2) of the Wilderness Act and acquire information on other national forest and public land areas withdrawn pursuant to this Act, by conducting, in conjunction with the Secretary of Energy, the national laboratories, or other Federal agencies, as appropriate, such mineral inventories of areas withdrawn pursuant to this Act as he deems appropriate. These inventories shall be conducted in a manner compatible with the preservation of the wilderness environment through the use of methods including core sampling conducted by helicopter; geophysical techniques such as induced polarization, synthetic aperture radar, magnetic and gravity surveys; geochemical techniques including stream sediment reconnaissance and X-ray diffraction analysis; land satellites; or any other methods he deems appropriate. The Secretary of the Interior is hereby authorized to conduct inventories or segments of inventories, such as data analysis activities, by contract with private entities deemed by him to be qualified to engage in such activities whenever he has determined that such contracts would decrease Federal expenditures and would produce comparable or superior results: Provided further, That in carrying out any such inventory or surveys, where National Forest System lands are involved, the Secretary of the Interior shall consult with the Secretary of Agriculture concerning any activities affecting surface resources: Provided further. That funds provided in this Act may be used by the Secretary of the Interior to issue oil and gas leases for the subsurface of national forest or public land wilderness areas that are immediately adjacent to producing oil and gas fields or areas that are prospectively valuable. Such leases shall allow no surface occupancy and may be entered only by directional drilling from outside the wilderness or other nonsurface disturbing methods. SEC. 309. None of the funds provided in this Act or by Public Law 97-100 shall be used to evaluate, consider, process or award oil, gas or geothermal leases on Federal lands in the Mount Baker-Snoqualmie National Forest, State of Washington, within the hydrographic boundaries of the Cedar River municipal watershed upstream of river mile 21.6, the Green River municipal watershed upstream of river mile 61.0, the North Fork of the Tolt River proposed municipal

Permits for prospecting, seismic surveys and core samplings.

Mineral inventories. 16 USC 1133.

Oil and gas leases.

Mount BakerSnoqualmie National Forest, Wash., oil or gas leases. 95 Stat. 1391.

�


text:
Page:United States Statutes at Large Volume 96 Part 2.djvu/636

 96 STAT. 1998

Assessments.

Employment.

42 USC 4651.

Contracts with State and local governments.

94 Stat. 2406.

16 USC 3101 note, 43 USC 1601 note.

42 USC 8322.

PUBLIC LAW 97-394—DEC. 30, 1982

watershed upstream of river mile 11.7 and the South Fork Tolt River municipal watershed upstream of river mile 8.4. SEC. 310. No assessments may be levied against any program, budget activity, subactivity, or project funded by this Act unless such assessments and the basis therefor are presented to the Committees on Appropriations and are approved by such committees. SEC. 311. Employment funded by this Act shall not be subject to any personnel ceiling or other personnel restriction for permanent or other than permanent employment except as provided by law. SEC. 312. Funds provided for land acquisition in this Act may not be used to acquire lands for more than the approved appraised value (as addressed in section 301(3) of Public Law 91-646) except for condemnations and declarations of taking, without the written approval of the Committees on Appropriations. SEC. 313. Notwithstanding any other provisions of law, the Secretary of the Interior and Secretary of Agriculture are authorized to enter into contracts with State and local governmental entities, including local fire districts, for procurement of services in the presuppression, detection, and suppression of fires on any units within their jurisdiction. In addition, any contracts or agreements with the jurisdictions for fire management services listed above which are previously executed shall remain valid. SEC. 314. Any interest earned by a political subdivision of a State on sums paid to such political subdivision by such State between October 1, 1979 and September 30, 1982, from amounts paid to such State under the provisions of the last paragraph under the head "FOREST SERVICE." of the Act of May 23, 1908 (16 U.S.C. 500), and of section 13 of the Act of March 1. 1911 (16 U.S.C. 500), may be expended for any public purpose as such political subdivision prescribes. SEC. 315. The titles conveyed by and the easements and restrictions heretofore reserved and imposed by the Secretary of the Interior pursuant to section 506(c) of Public Law 96-487 are hereby confirmed in all respects: Provided, That nothing herein shall be deemed to amend the Alaska National Interest Lands Conservation Act or the Alaska Native Claims Settlement Act. SEC. 316. Except as expressly provided for by law, none of the funds appropriated by this Act shall be obligated to dispose, except by exchange, of any Federal land tract until such time as the agency responsible for administering the disposal of the tract has specifically identified the tract as no longer being needed by the Federal Government; inventoried the tract as to its public benefit values; provided opportunity for public review and discussion of the tract proposed for disposal; and provided 30 days advance notice of the tract proposed for disposal and of the plans for carrying out such disposal to the congressional delegation of the State or States in which the tract proposed for sale is located and to the appropriate congressional committees for immediate printing in the (Congressional Record: Provided, That neither the Act of July 31, 1958, as amended (72 Stat. 438, as amended; 7 U.S.C. 1012a; 16 U.S.C. 478a) nor the Act of June 14, 1926, as amended (49 U.S.C. 869 et seq.) shall be subject to the provisions of this section. SEC. 317. In the case of any new electric power plant located in Alaska for which a petition is accepted after the date of enactment of this Act, but before December 31, 1985, pursuant to section 212(f) of the Powerplant and Industrial Fuel Use Act of 1978, to use natural gas (as that term is defined in such Act), as a primary

�


text: Page:Narrative of an Official Visit to Guatemala.djvu/8


text:
Page:United States Statutes at Large Volume 96 Part 2.djvu/637

 PUBLIC LAW 97-394—DEC. 30, 1982

96 STAT. 1999

energy source in such power plant, the petitioner shall be deemed to have made the demonstrations required by clauses (1) and (2) of such section and such exemption, subject to the other applicable provisions of such Act, shall be granted by the Secretary of Energy. Nothing in this section shall apply to any new electric power plant using natural gas produced from the Prudhoe Bay Unit of Alaska. SEC. 318. Section 21 of the Act entitled "An Act to promote the mining of coal, phosphate, oil, oil shale, gas, and sodium on the public domain", approved February 25, 1920 (41 Stat. 437, as amended; 30 U.S.C. 241), is further amended by adding the following new subsections: "(c)(1) The Secretary may within the State of Colorado lease to the holder of the Federal oil shale lease known as Federal Prototype Tract C-a additional lands necessanr for the disposal of oil shale wastes and the materials removed from mined lands, and for the building of plants, reduction works, and other facilities connected with oil shale operations (which lease shall be referred to hereinafter as an 'offsite lease'). The Secretary may only issue one offsite lease not to exceed six thousand four hundred acres. An offsite lease may not serve more than one Federal oil shale lease and may not be transferred except in conjunction with the transfer of the Federal oil shale lease that it serves. "(2) The Secretary may issue one offsite lease of not more than three hundred and twenty acres to any person, association or corporation which has the right to develop oil shale on non-Federal lands. An offsite lease serving non-Federal oil shale land may not serve more than one oil shale operation and may not be transferred except in conjunction with the transfer of the non-Federal oil shale land that it serves. Not more than two offsite leases may be issued under this paragraph. "(3) An offsite lease shall include no rights to any mineral deposits. "(4) The Secretary may issue offsite leases after consideration of the need for such lands, impacts on the environment and other resource values, and upon a determination that the public interest will be served thereby. "(5) An offsite lease for lands the surface of which is under the jurisdiction of a Federal agency other than the Department of the Interior shall be issued only with the consent of that other Federal agency and shall be subject to such terms and conditions as it may prescribe. "(6) An offsite lease shall be for such periods of time and shall include such lands, subject to the acreage limitations contained in this subsection, as the Secretary determines to be necessary to achieve the purposes for which the lease is issued, and shall contain such provisions as he determines are needed for protection of environmental and other resource values. "(7) An offsite lease shall provide for the payment of an annual rental which shall reflect the fair market value of the rights granted and which shall be subject to such revisions as the Secretary, in his discretion, determines may be needed from time to time to continue to reflect the fair market value. "(8) An offsite lease may, at the option of the lessee, include provisions for payments in any year which payments shall be credited against any portion of the annual rental for a subsequent year to the extent that such payment is payable by the Secretary of the Treasury under section 35 of this Act to the State within the

State of Colorado, offsite lease.

Offsite lesises.

�


text:
Page:United States Statutes at Large Volume 96 Part 2.djvu/638

 96 STAT. 2000

Publication in Federal egis er.

PUBLIC LAW 97-394—DEC. 30, 1982

boundaries of which the leased lands are located. Such funds shall be paid by the Secretary of the Treasury to the appropriate State in accordance with section 35, and such funds shall be distributed by the State only to those counties, municipalities, or jurisdictional subdivisions impacted by oil shale development and/or where the lease is sited."; and "(9) An offsite lease shall remain subject to leasing under the other provisions of this Act where such leasing would not be incompatible with the offsite lease. "(d) In recognition of the unique character of oil shale development: "(1) In determining whether to offer or issue an offsite lease under subsection (c), the Secretary shall consult with the Governor and appropriate State, local, and tribal officials of the State where the lands to be leased are located, and of any additional State likely to be affected significantly by the social, economic, or environmental effects of development under such lease, in order to coordinate Federal and State planning processes, minimize duplication of permits, avoid delays, and anticipate and mitigate likely impacts of development. "(2) The Secretary may issue an offsite lease under subsection (d) after consideration of (A) the need for leasing, (B) impacts on the environment and other resource values, (C) socioeconomic factors, and (D) information from consultations with the Governors of the affected States. "(3) Before determining whether to offer an offsite lease under subsection (c), the Secretary shall seek the recommendation of the Governor of the State in which the lands to be leased are located as to whether or not to lease such lands, what alternative actions are available, and what special conditions could be added to the proposed lease to mitigate impacts. The Secretary shall accept the recommendations of the Governor if he determines that they provide for a reasonable balance between the national interest and the State's interests. The Secretary shall communicate to the Governor, in writing, and publish in the Federal Register the reasons ^^^ ^^^ determination to accept or reject such Governor's recommendations.''. Approved December 30, 1982.

LEGISLATIVE HISTORY—H.R. 7356: HOUSE REPORTS: No. 97-942 (Coram, on Appropriations) and No. 97-978 (Coram. of Conference). CONGRESSIONAL RECORD, Vol. 128 (1982): Dec. 3, considered and passed House. Dec. 13, 14, considered and passed Senate, araended. Dec. 18, House agreed to conference report; concurred in certain Senate araendraents and in others with araendraents. Dec. 19, Senate agreed to conference report; concurred in House amendments.

�


text:
Page:United States Statutes at Large Volume 96 Part 2.djvu/639

 PUBLIC LAW 97-395—DEC. 30, 1982 Public Law 97-395 97th Congress

96 STAT. 2001

An Act

To provide for the payment of losses incurred as a result of the ban on the use of the chemical Tns in apparel, fabric, yam, or fiber, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That (a) the United States Claims Court shall have jurisdiction to hear, determine, and render judgment upon any claim for losses sustained by any producer, manufacturer, distributor, or retailer of children's sleepwear, or by any producer, converter, manufacturer, distributor, or retailer of fabric, yam, or fiber contained in or intended for use in children's sleepwear, (1) if those losses resulted from the actions taken by the Federal Government under the Federal Hazardous Substances Act on April 8, 1977, and thereafter relating to apparel, fabric, yarn, or fiber containing Tris (2,3-dibromopropyl) phosphate, and (2) if such children's sleepwear or such fabric, yarn, or fiber, as the case may be, at the time of its manufacture was subject to the requirements of or was subject to use in compliance with the mandatory Federal flammability standard FF3-71 or FF5--74. (b)(1) In determining the validity of any claim under this Act and the amount of the losses sustained for which such a claim is brought, the court shall consider the following factors: (A) The degree to which reasonable alternatives to Tris (2,3dibromopropyl) phosphate existed at the time the Federal Government established the applicable mandatory Federal flammability standard referred to in subsection (a). (B) Whether it would have been feasible or reasonable for the claimant to have tested Tris (2,3-dibromopropyl) phosphate for chronic hazards at the time the Federal Government established such flammability standard. (C) The degree to which the Federal Government or other nationally known researchers tested Tris (2,3-dibromopropyl) phosphate for toxicity or other health hazards and disseminated the results of those tests. (D) The degree of good faith demonstrated by the claimant in seeking to comply fully with such Federal flammability standard. (E) The extent to which a claimant may have relied in good faith upon assurances from suppliers that the products containing Tris (2,3-dibromopropyl) phosphate were safe. (F) The degree to which the claimant acted reasonably in using Tris (2,3-dibromopropyl) phosphate. (G) The degree to which the claimant, in good faith, complied with actions taken by the Federal Government under the Federal Hazardous Substances Act on April 8, 1977. (H) The degree to which the claimant, in good faith, complied with those provisions relating to exports contained in section 14 of the Federal Hazardous Substances Act and section 18 of the Consumer Product Safety Act.

Dec. 30, 1982 [S. 823] Tris chemical ban. Payment of losses.

15 USC 1261 note.

15 USC 1273. 15 USC 2067.

�


text:
Page:United States Statutes at Large Volume 96 Part 2.djvu/640

 96 STAT. 2002

Determination of losses.

Transportation compensation.

Class action.

PUBLIC LAW 97-395—DEC. 30, 1982

(2) The court may not enter judgment in favor of a claimant under this Act, nor may the Attorney General agree to any settlement with a claimant under this Act, unless the claimant produces proof, to the satisfaction of the court or the Attorney General, as the case may be, that the claimant lawfully disposed of the apparel, fabric, yarn, or fiber with respect to which the claim was brought. (3) In determining the amount of the losses for which a claim is brought under this Act, the amount of such losses shall not include lost profits, proceeds from distress sales, attorney's fees, or interest on any loss suffered by any producer, converter, manufacturer, distributor, or retailer of children's sleepwear, or by any producer or manufacturer of fabric, yarn, or fiber. (c)(1) The measure of losses for any producer or manufacturer of children's sleepwear shall be the cost of producing or manufacturing the sleepwear garment, plus the cost of the fabric, yarn, or fiber used for such production or manufacture, or the cost of such sleepwear, fabric, yarn, or fiber held in stock on the date of the enactment of this Act, less the fair market value, if any, of the sleepwear garment or the fabric, yarn, or fiber. If such garment, fabric, yarn, or fiber was resold after April 8, 1977, but prior to such date of enactment, then the measure of losses shall be the cost of producing or manufacturing the sleepwear garment plus the cost of the fabric, yarn, or fiber, less the proceeds from any such sale. (2) The measure of losses for any producer, converter, or manufacturer of fabric, yarn, or fiber shall be the cost of producing, converting, or manufacturing the fabric, yarn, or fiber, plus the cost of the raw materials used for such production, converting, or manufacturing, or the cost of such fabric, yam, or fiber held in stock on the date of the enactment of this Act, less the fair market value, if any, of the fabric, yarn, or fiber on such date. If the fabric, yarn, or fiber was resold after April 8, 1977, but prior to such date of enactment, then the measure of losses shall be the cost of producing, converting, or manufacturing the fabric, yarn, or fiber plus the cost of the raw materials used for such production, converting, or manufacturing, less the proceeds from any such sale. (3) The measure of losses for any distributor or retailer shall be the distributor's or retailer's purchase price for the children's sleepwear, fabric, yarn, or fiber involved, less the fair market value, if any, of such sleepwear, fabric, yarn, or fiber, and less the amount of any reimbursement received for such sleepwear, fabric, yarn, or fiber. (4) In addition to the losses determined under paragraphs (1), (2), and (3) of this subsection, a claimant may also be compensated for (A) unreimbursed costs of transportation paid for the return of the sleepwear garments, fabric, yarn, or fiber involved, and (B) unreimbursed costs of the lawful disposal of such garments, fabric, yarn, or fiber. (d) No claim under this Act may be brought as a class action. No claim under this Act may be brought by two or more parties unless damages are claimed to be jointly recoverable or are disputed among the parties. (e) Upon payment of any claim under this Act, whether or not such payment is the result of a court judgment or a settlement, the United States shall be subrogated to the claimant's rights to recover losses or to assert a claim against any person relating to the subject matter of such claim paid by the United States. The claimant shall take the necessary steps, as determined by the Attorney General, to

�


text:
Page:United States Statutes at Large Volume 96 Part 2.djvu/641

 PUBLIC LAW 97-395—DEC. 30, 1982

96 STAT. 2003

secure such rights in the United States in order to be entitled to the entry of a judgment by the court or payment under this Act, and the failure of the claimant to take such steps shall constitute cause to deny the entry of such judgment or such payment. The failure of the claimant to take such steps shall not limit or adversely affect the right of the United States to act as subrogee or assignee to the full extent of its payments under this Act. Any purported limitation on the right of the United States to act as assignee or to become subrogated to the rights of a claimant shall be without any effect, to the extent that the United States has made pa3maents under this Act. (f) Any claim under this Act shall be barred unless commenced within two years after the date of the enactment of this Act. (g) No person shall have any claim under this Act who, on or after June 14, 1978, (1) exported from the United States any apparel, fabric, yam, or fiber containing Tris (2,3-dibromopropyl) phosphate which was produced, converted, manufactured, or sold for use in the United States, or (2) transferred any apparel, fabric, yam, or fiber described in clause (1) to another person with knowledge that such apparel, fabric, yarn, or fiber would be exported from the United States. (h) Before payment is made on any claim under this Act, the Attorney General shall notify the Administrator of the Small Business Administration of the claim. The Administrator shall, after receipt of such notification, notify the Attorney General as soon as possible of— (1) any unpaid loans made by the Small Business Administration under the Small Business Act, and (2) other amounts owing to the Small Business Administration on account of loans made under the Small Business Act, for the purpose of assisting the claimant on account of losses sustained as a result of the actions taken by the United States under the Federal Hazardous Substance Act on April 8, 1977, and thereafter relating to apparel, fabric, yam, or fiber containing Tris (2,3dibromopropyl) phosphate. The Attorney General shall offset, from the amount of the payment on the claim under this Act, the amount of any such unpaid loans or other amounts owing to the Small Business Administration. The amount of any offset under this subsection shall be treated as accrued and paid to the claimant in ten equal annual installments beginning with the first year in which payment on the claim under this Act is made.

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

21: QL3

Claim commencement.

Claim notification.

15 USC 1261 note.

�


text:
Page:United States Statutes at Large Volume 96 Part 2.djvu/642

 96 STAT. 2004

PUBLIC LAW 97-395—DEC. 30, 1982

(i) Nothing in this Act shall be construed as an admission of fault or liability on behalf of the United States for any personal injury which may hereafter be claimed to arise from exposure to Tris (2,3dibromopropyl) phosphate. Approved December 30, 1982.

011;,; U,-

\ -^'.bf.-".iBm^vdlit- -rr-' -. *. H y=

.\,-;- SO

LEGISLATIVE HISTORY—S. 823: SENATE REPORT.No. 97-130 (Comm. on the Judiciary). CONGRESSIONAL RECORD: Vol. 127 (1981): June 18, considered and passed Senate. Vol. 128 (1982): Dec. 13, considered and passed House, amended. Dec. 14, Senate concurred in House amendment.

�


text:
Page:United States Statutes at Large Volume 96 Part 2.djvu/643

 PUBLIC LAW 97-396—DEC. 31, 1982

Public Law 97-396 97th Congress

96 STAT. 2005

An Act

i-!i.& iciK-anc

Authorizing appropriations to carry out conservation programs on military reservations and public lands during fiscal years 1983, 1984, and 1985, and for other purposes.

Dec. 31, 1982 [H.R. 1952]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 101 of the Act of September 15, 1960 (commonly known as the Sikes Act, 16 U.S.C. 670a) is amended— (1) by amending the second sentence thereof— (A) by striking out "and (3)" and inserting in lieu thereof 1 b/ "(3)"; and (B) by inserting immediately before the period the followtn-ii ing: ", and (4) specific habitat improvement projects and related activities and adequate protection for species of fish, iiOf tex wildlife, and plants considered threatened or endangered"; ill gn

Conservation programs on military reservations and public lands, fiscal years 1983-1985. Appropriation authorization.

and

(2) by adding at the end thereof the following new sentence: 8 "Cooperative plans agreed to under the authority of this section y and section 102 shall not be deemed to be, nor treated as, cooperative agreements to which the Federal Grant and Cooperative Agreement Act of 1977 (41 U.S.C. 501 et seq.) applies.". , SEC. 2. Section 106 of the Sikes Act (16 U.S.C. 670f) is amended— (1) by striking out "ending September 30, 1979, September 30, 1980, and September 30, 1981," each place it appears in subsec•i tions (b) and (c) and inserting in lieu thereof "1983, 1984, and 1985,"; and (2) by adding at the end thereof the following new subsection: "(d) The Secretary of Defense and the Secretary of the Interior may each use any authority available to him under other laws relating to fish, wildlife, or plant conservation or rehabilitation for purposes of carrying out the provisions of this title.". SEC. 3. The second sentence of section 201 of the Sikes Act (16 U.S.C. 670g) is amended by inserting "of fish, wildlife, and plants" immediately after "species". SEC. 4. Section 202 of the Sikes Act (16 U.S.C. 670h) is amended by adding at the end thereof the following new subsection: "(d) Agreements entered into by State agencies under the authority of this section shall not be deemed to be, or treated as, cooperative agreements to which the Federal Grant and Cooperative Agreement Act of 1977 (41 U.S.C. 501 et seq.) applies.". SEC. 5. Section 209 of the Sikes Act (16 U.S.C. 670o) is amended— (1) by striking out "ending September 30, 1979, September 30, 1980, and September 30, 1981," each place it appears in subsections (a) and (b) and inserting in lieu thereof "1983, 1984, and 1985,"; and (2) by adding at the end thereof the following new subsections: "(c) The Secretary of the Interior and the Secretary of Agriculture may each use any authority available to him under other laws

16 USC 670b.

�


text:
Page:United States Statutes at Large Volume 96 Part 2.djvu/644

 96 STAT. 2006

PUBLIC LAW 97-396—DEC. 31, 1982

relating to fish, wildlife, or plant conservation or rehabilitation for purposes of carrying out the provisions of this title. Contract and "(d) The Secretary of the Interior and the Secretary of Agriculture autho^ may each make purchases and contracts for property and services from, or provide assistance to, the State agencies concerned, if such li^^i »111 property, services or assistance is required to implement those projects and programs carried out on, or of benefit to. Federal lands and identified in the comprehensive plans or cooperative agree16 USC 670h. ments developed under section 202, without regard to title III (other 41 USC 254. than section 304) of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251-260). Contract authority provided in this section is effective only to such extent or in such amounts as are provided in appropriation Acts.". SEC. 6. Section 12 of the Fish and Wildlife Conservation Act of .,HM..,v i. ft 1980 (16 U.S.C. 2911) is amended— (1) by striking out ", out of funds available for the administration of this Act" immediately after "shall conduct"; and (2) by striking out "the expiration of the thirty-month period following the date of enactment of this Act," and inserting in lieu thereof "December 31, 1984,". SEC. 7. Section 3 of the Fish and Wildlife Improvement Act of 1978 16 USC 742/. (16 U.S.C. 7421) is amended by adding at the end thereof the following new subsection: "(k) LAW ENFORCEMENT OPERATIONS.—With respect to any under-

cover or other enforcement operation which is necessary for the detection and prosecution of violations of any laws administered by the United States Fish and Wildlife Service or the National Marine Fisheries Service relating to fish, wildlife, or plants, the Secretary of the Interior or the Secretary of Commerce may, notwithstanding any other provision of law— "(1) direct the advance of funds which may be deposited in commercial banks or other financial institutions; "(2) use appropriations for payment for information, rewards, or evidence concerning violations, without reference to any rewards to which such persons may otherwise be entitled by law, and any moneys subsequently recovered shall be reim, bursed to the current appropriation; and "•' "(3) use appropriations to establish or acquire proprietary corporations or business entities as part of an undercover operation, operate such corporations or business entities on a commercial basis, lease space and make other necessary expenditures, and use the proceeds from such undercover operations to . offset necessary and reasonable expenses incurred in such operations: Provided, That at the conclusion of each such operation the proceeds shall be deposited in the Treasury of the United s,. States as miscellaneous receipts.".

3WBi -i'^d'H} -isbivj !md nj iimmmva ^.-^nooji/B •^rui £>Hfj. noes vam

�


text:
Page:United States Statutes at Large Volume 96 Part 2.djvu/645

 PUBLIC LAW 97-396—DEC. 31, 1982

96 STAT. 2007

SEC. 8. Section 4(a) of the Coastal Barrier Resources Act (Public Law 97-348) is amended by inserting "(but excluding maps T02 and Ante, p. 1654. T03)" immediately after "AOl through T12" and by inserting "and the maps designated T02A and T03A, dated December 8, 1982" immediately after "and dated September 30, 1982". - ' . Approved December 31, 1982.

LEGISLATIVE HISTORY—H.R. 1952: HOUSE REPORT No. 97-49 (Comm. on Merchant Marine and Fisheries). SENATE REPORT No. 97-413 (Comm. on Environment and Public Works). CONGRESSIONAL RECORD: Vol. 127 (1981): Sept. 21, considered and passed House. Vol. 128 (1982): June 9, considered and passed Senate, amended. Sept. 30, House agreed to certain Senate amendments and in another with an amendment. Dec. 16, Senate concurred in House amendment with amendments. Dec. 17, House concurred in Senate amendments.

�


text:
Page:United States Statutes at Large Volume 96 Part 2.djvu/646

 96 STAT. 2008

PUBLIC LAW 97-397—DEC. 31, 1982

Public Law 97-397 Dec. 31, 1982 fHR 52041
 * .r.,,.nK 97th Congress

r:. T.,,^.,,,.,;-. ,.,;,,. ^,^f. (^ ' [,. - •-s i,' '.ij ^ An Act f • "

To authorize and direct the Secretary of the Interior to accept certain lands for the benefit of the Sycuan Band of Mission Indians.

Be it enacted by the Senate and House of Representatives of the Sycuan Band of United States of America in Congress assembled. That the Secretary Lands held in"^ ®^ *^® Interior is directed, upon the acquisition thereof and upon the trust. request of the Sycuan Band of Mission Indians, to accept on behalf of the United States in trust for the Sycuem Band of Mission Indians the title to the following described land: lot 8, section 13, township 16 south, range 1 east, San Bernardino meridian, California. Approved December 31, 1982.

LEGISLATIVE HISTORY—H.R. 5204: HOUSE REPORT No. 97-805 (Comm. on Interior and Insular Affairs). CONGRESSIONAL RECORD, Vol. 128 (1982): Sept. 20, considered and passed House. Dec. 16, considered and passed Senate.

�


text:
Page:United States Statutes at Large Volume 96 Part 2.djvu/647

 PUBLIC LAW 97-398—DEC. 31, 1982

96 STAT. 2009

Public Law 97-398 97th Congress An Act To amend title 18 of the United States Code to provide penalties for certain false identification related crimes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "False Identification Crime Control Act of 1982". SEC. 2. Chapter 47 of title 18 of the United States Code is amended by adding at the end the following: "§ 1028. Fraud and related activity in connection with identification documents "(a) Whoever, in a circumstance described in subsection (c) of this section— "(1) knowingly and without lawful authority produces an identification document or a false identification document; "(2) knowingly transfers an identification document or a false j identification document knowing that such document was • stolen or produced without lawful authority; "(3) knowingly possesses with intent to use unlawfully or transfer unlawfully five or more identification documents (other than those issued lawfully for the use of the possessor) or false identification documents; "(4) knowingly possesses an identification document (other than one issued lawfully for the use of the possessor) or a false identification document, with the intent such document be used - to defraud the United States; or "(5) knowingly produces, transfers, or possesses a documentmaking implement with the intent such document-making implement will be used in the production of a false identification document or another document-making implement which will be so used; "(6) possesses an identification document that is or appears to be an identification document of the United States which is stolen or produced without authority knowing that such document was stolen or produced without authority; or attempts to do so, shall be punished as provided in subsection (b) of this section. "(b) The punishment for an offense under subsection (a) of this section is— "(1) a fine of not more than $25,000 or imprisonment for not more than five years, or both, if the offense is— "(A) the production or transfer of an identification document or false identification document that is or appears to be— "(i) an identification document issued by or under the , authority of the United States; or "(ii) a birth certificate, or a driver's license or per] ' sonal identification card;

Dec. 31, 1982 [H.R. 6946] False Identification Crime Control Act of 1982. 18 USC 1001 note. 18 USC 1028.

Penalties.

�


text:
Page:United States Statutes at Large Volume 96 Part 2.djvu/648

 96 STAT. 2010

•'

Definitions.

K-Jilltuifri

PUBLIC LAW 97-398—DEC. 31, 1982

"(B) the production or transfer of more than five identification documents or false identification documents; or "(C) an offense under paragraph (5) of such subsection; "(2) a fine of not more than $15,000 or imprisonment for not more than three years, or both, if the offense is— "(A) any other production or transfer of an identification document or false identification document; or "(B) an offense under paragraph (3) of such subsection; and "(3) a fine of not more than $5,000 or imprisonment for not more than one year, or both, in any other case. "(c) The circumstance referred to in subsection (a) of this section is that— "(1) the identification document or false identification document is or appears to be issued by or under the authority of the United States or the document-making implement is designed or suited for making such an identification document or false identification document; "(2) the offense is an offense under subsection (a)(4) of this section; or "(3) the production, transfer, or possession prohibited by this section is in or affects interstate or foreign commerce, or the identification document, false identification document, or document-making implement is transported in the mail in the course of the production, transfer, or possession prohibited by this section. "(d) As used in this section— "(1) the term 'identification document' means a document made or issued by or under the authority of the United States Government, a State, political subdivision of a State, a foreign government, political subdivision of a foreign government, an international governmental or an international quasi-governmental organization which, when completed with information concerning a particular individual, is of a type intended or commonly accepted for the purpose of identification of individuals; "(2) the term 'produce' includes alter, authenticate, or assemble; "(3) the term 'document-making implement' means any implement or impression specially designed or primarily used for making an identification document, a false identification document, or another document-making implement; "(4) the term 'personal identification card' means an identification document issued by a State or local government solely for the purpose of identification; and "(5) the term 'State' includes any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any other possession or territory of the United States. "(e) This section does not prohibit any lawfully authorized investigative, protective, or intelligence activity of a law enforcement agency of the United States, a State, or a political subdivision of a State, or of an intelligence agency of the United States, or any activity authorized under title V of the Organized Crime Control Act of 1970 (18 U.S.C. note prec. 3481).". SEC. 3. The table of sections at the beginning of chapter 47 of title 18 of the United States Code is amended by adding at the end the following:

�


text:
Page:United States Statutes at Large Volume 96 Part 2.djvu/649

 PUBLIC LAW 97-398—DEC. 31, 1982

96 STAT. 2011

"1028. FVaud and related activity in connection with identification documents.".

SEC. 4. (a) Chapter 83 of title 18, United States Code, is amended by adding at the end thereof the following: "(a) Whoever, being in the business of furnishing identification documents for valuable consideration, and in the furtherance of that business, uses the mails for the mailing, carriage in the mails, or delivery of, or causes to be transported in interstate or foreign commerce, any identification document— "(1) which bears a birth date or age purported to be that of the person named in such identification document; and "(2) knowing that such document fails to carry diagonally printed clearly and indelibly on both the front and back "NOT A GOVERNMENT DOCUMENT" in capital letters in not less than twelve point type; shall be fined not more than $1,000, imprisoned not more than one year, or both. "(b) For purposes of this section the term 'identification document' means a document which is of a type intended or commonly accepted for the purpose of identification of indviduals and which is not issued by or under the authority of a government.". (b) The table of sections at the beginning of chapter 83 of title 18, United States Code, is amended by adding at the end thereof the following new item: "1738. Mailing private identification documents without a disclaimer.".
 * § 1738. Mailing private identification documents without a disclaimer

SEC. 5. Section 3001(a) of title 39, United States Code, is amended by striking out "or 1718" and inserting in lieu thereof ", 1718, or 1738". Approved December 31, 1982.

LEGISLATIVE HISTORY—H.R. 6946: HOUSE REPORTS: No. 97-802 (Comm. on the Judiciary) and No. 97-975 (Comm. of CONGRESSIONAL RECORD, Vol. 128 (1982): Sept. 14, considered and passed House. Oct. 1, considered and passed Senate, amended. Dec. 17, House agreed to conference report. Dec. 19, Senate agreed to conference report.

18 USC 1738. Penalties.

"Identification document."

�


text:
Page:United States Statutes at Large Volume 96 Part 2.djvu/650

 96 STAT. 2012

PUBLIC LAW 97-399—DEC. 31, 1982

Public Law 97-399..., 97th Congress ^^^ a

...,,

,, „..v

An Act

---4

Dec. 31, 1982 [H.R. 7155]

To settle certain Indian land claims within the State of Florida, and for other purposes.

Florida Indian Land Claims

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That this Act may ^^ ^ited as the "Florida Indian Land Claims Settlement Act of

Settlement Act of 1982. 25 USC 1741 ^°^^'

25 USC 1741.

„^, '

., ^ o o " •'•^0'' • 1.. *t

CONGRESSIONAL FINDINGS AND DECLARATION OF POLICY

SEC. 2. Congress finds and declares that— (1) there is pending before the United States District Court for the Southern District of Florida a lawsuit by the Miccosukee ' Indian Tribe which involves certain lands within the State of Florida; (2) the pendency of such lawsuit may result in economic hardships for residents of the State of Florida by clouding the titles to lands in the State, including lands not now involved in the lawsuits; ' (3) the pendency of such lawsuit also has clouded the easement rights of the South Florida Water Management District in lands necessary for use as a water flowage and storage area, which is part of a federally authorized project for flood control and water management in central and southern Florida, and which is being used to provide and regulate a water supply for i the residents of South Florida; (4) the State of Florida and the Miccosukee Indian Tribe have executed agreements for the purposes of resolving tribal land claims and settling such lawsuit, which agreements require implementing legislation by the Congress of the United States and the Legislature of the State of Florida; and (5) Congress shares with the parties to such agreements a desire to settle such Indian claims in the State of Florida without additional cost to the United States. DEFINITIONS

25 USC 1742.

SEC. 3. For purposes of this Act— (1) The term "Miccosukee Tribe" means the Miccosukee Tribe of Indians of Florida, a tribe of American Indians recognized by the United States and organized under section 16 of the Act of June 18, 1934 (48 Stat. 987; 25 U.S.C. 476) and recognized by the State of Florida pursuant to chapter 285, Florida Statutes. (2) The term "State of Florida" means the State of Florida, its agencies, political subdivisions, constitutional officers, officials of its agencies and subdivisions, and the South Florida Water Management District. (3) The term "Secretary" means the Secretary of the Interior.

�