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Page:United States Statutes at Large Volume 86.djvu/686

 PUBLIC LAW 92-412-AUG. 29, 1972

aH4

Public Law 92-412 ^ ' - ' August 29, 1972 [S.3726]

E q u a l export opportunity; international economic policy.

Citation of title. 83 Stat. 8 4 1. 50 USC app. 2401.

50 USC app. 2402.

50 USC app. 2403. Export decontrol, i n v e s t i g a tion. Post,

p. 645.

Report to P r e s i d e n t and Congress.

• - ••

'' AN ACT

•

' -

[86 STAT.

,., - ... ' - •• ' ' - '

'^-

''"•'^^'•

Tit extend and amend the Expurt Administration Act of UMil) to afford more equal export opportunity, to establish a Council on International Economic Policy, and for other purposes. oi *

Be it enacted by the Senate and Hou>ie of Reinu-sentativesi of the United States of Ame'rha. m ^'ongre-'ss ansembled, TITLE I — A M P: N I) M E N T S T OTHER X P O E T I S T R A T I O X ACT O F 19H9

ADMIX-

SEC. 101. This title may be cited as the "Equal Export pportunitA Act". SEC. 10^2. Section 2(3) of the Export Administration Act of 196! is amended by inserting before the period at the end thereof a comnu and the following: "'particularly when export restrictions appliec by the United States are more extensive than export restriction imposed by countries with which the United States has defense treat; commitments". SEC. 108. Section 3 of the Export Administration Act of 19H9 i amended by adding at the end thereof the following: subjecting, or continuing to subject, particular articles, materials, c supplies, including technical data or other information, to I'i'nite States export controls should be subjected to review by and consult? tion with representatives of appropriate United States Governmei agencies and qualified experts from i^rivate industry." SEC. 104. (a) Section 4(b) of the Export Administration Act c 1969 is amended— ., (1) by inserting " ( D r after " (b) "; and (2) by adding at the end thereof the following new paragraphs "(2) The Secretary of Commerce, in cooperation with apprr priate United States Government departments and agencies and th appropriate technical advisory committees established under sectioi .>(c), shall undertake an investigation to determine which articles materials, and supplies, including technical data and other informa tion, should no longer be subject to export controls because of theii significance to the national security of the United States. Notwithstanding the provisions of paragraph (1), the President shall remove unilateral export controls on the export from the United States of articles, materials, or supplies, including technical data or other information, which he determines are available without restriction from sources outside the United States in significant quantities and comparable in quality to those produced in the United States, except that any such control may remain in effect if the President determines that adequate evidence has been presented to him demonstrating that the absence of such a control would prove detrimental to the national security of the United States. The nature of such evidence shall be included in the special report required by paragraph (4). "(3) I n conducting the investigation referred to in paragraph (2) and in taking the action required under such paragraph, the Secretary of Commerce shall give priority to those controls which apply to articles, materials, and supplies, including technical data and other information, for which there are significant potential export markets. "(4) Not later than nine months after the date of enactment of the Equal Export Opportunity Act, the Secretary of Commerce shall submit to the President and to the Congress a special report of actions taken under paragraphs (2) and (3). Such report shall contain—
 * '(6) I t IS the policy of the United States that the desirability c

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" (A) a list of any articles, materials, and supplies, includingtechnical data and other information, which are subject under this Act to export controls greater than those imposed by nations with which the United States has defense treaty commitments, and the reasons for such greater controls; and " (B) a list of any procedures applicable to export licensing in the United States which may be or are claimed to be more burdensome than similar procedures utilized in nations with which the United States has defense treaty commitments, and the reasons for retaining such procedures in their present form.", (b)(1) Section 4(e) of such Act is amended to read as follows: 83 Stat. 842. 50 "(e) The authority conferred by this section shall not be exercised 2403.u s e app. with respect to any agricultural commodity, including fats and oils Agricultural or animal hides or skms, without the approval of the Secretary of commodities, Agriculture. The Secretary of Agriculture shall not approve the ^'"'^P''°"exercise of such authority with respect to any such commodity during any period for which the supply of such commodity is determined by him to be in excess of the requirements of the domestic economy, except to the extent the President determines that such exercise of authority is required to effectuate the policies set forth in clause (B) 50 USC app. or (C) of paragraph (2) of section 3 of this Act." 2402. (2) Any rule, regulation, proclamation, or order issued after July Effective date. 1, 1972, under section 4 of the Export Administration Act of 1969, exercising any authority conferred by such section with respect to any agricultural commodity, including fats and oils or animal hides or skins, shall cease to be effective upon the date of enactment of this Act. 50 SEC. 105. Section 5 of the Export Administration Act of 1969 is 2404.u s e app. amended by adding at the end thereof the following: " (c)(1) Upon written request by representatives of a substantial Technical advisory commitsegment of any industry which produces articles, materials and sup- tees, appointment. plies, including technical data and other information, which are subject to export controls or are being considered for such controls because of their significance to the national security of the United States, the Secretary of Commerce shall appoint a technical advisory committee for any grouping of such articles, materials, and supplies, including technical data and other information, which he determines is difficult to evaluate because of questions concerning technical matters, worldwide availability and actual utilization of production and technology, or licensing procedures. Each such committee shall consist of representatives oi United States industry and government. No person serving on any such committee who is representative of industry shall serve on such committee for more than two consecutive years. Duty "(2) I t shall be the duty and function of the technical advisory tion. and func* committees established under paragraph (1) to advise and assist the Secretary of Commerce and any other department, agency, or official of the Government of the United States to which the President has delegated power, authority, and discretion under section 4(d) with respect to actions designed to carry out the policy set forth in section 3 of this Act. Such committees shall be consulted with respect to questions involving technical matters, worldwide availability and actual utilization of productien and technology, and licensing procedures which may affect the level of export controls applicable to any articles, materials, or supplies, including technical data or other information, and including those whose export is subject to multilateral controls undertaken with nations with which the United States has defense treaty commitments, for which the committees have expertise. Such committees shall also he consulted and kept fully informed of

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Page:United States Statutes at Large Volume 86.djvu/688

 PUBLIC LAW 92-412-AUG. 29, 1972 Ante,

p. 644.

Expenses,reimbursement.

Meetings.

Committee termination.

Ante,

p. 133.

Confidential information. 83 Stat. 8 4 5. 50 USC a p p. 2406. Effective date.

[86 STAT.

progress vvith respect to the investigation required by section 4(b)(2) of this Act. Nothing in this subsection shall prevent the Secretary from consulting, at any time, with any person representing industry or the general public regardless of whether such person is a member of a technical advisory committee. Members of the public shall be given a reasonable opportunity, pursuant to regulations prescribed by the Secretary of Commerce, to present evidence to such committees. "(3) Upon request of any member of any such committee, the Secretary may, if he determines it appropriate, reimburse such member for travel, subsistence, and other necessary expenses incurred by him in connection with his duties as a member. "(4) Each such committee shall elect a chairman, and shall meet at least every three months at the call of the Chairman, miless the Chairman determines, in consultation with the other membere of the committee, that such a meeting is not necessary to achieve the purposes of this Act. Each such committee shall be terminated after a period of two years, unless extended by the Secretary for additional periods of two veal's. The Secretary shall consult each such committee with regard to such termination or extension of that committee." SEC. 106. Section 14 of the Export Administration Act of 1969 is amended by striking out "August 1, 1972" and inserting in lieu thereof ••June 80, 1974". SEC. 107. Nothing in this title shall be construed to require the release or publication of information which is classified pursuant to Executive order or to affect the confidentiality safeguards provided in section 7(c) of the Export Administration Act of 1969. SEC. 108. The provisions of this title take effect as of the close of July 31, 1972. TITLE II — (X) r N C I L ON INTERNATIONAL ECONOMIC POLICY SHORT TITLE

Citation of title.

SEC. 201. This title may be cited as the "International Economic Policy Act of 1972". STATEMENT OF PURPOSES

SEC. 202. It is the purpose of this title to provide for closer Federal interagency coordination in the development of a more rational and orderly international economic policy for the United States. F I N D I N G S A N D POLICY

Council on International Economic P o l i c y, establishment.

SEC. 203. The Congress finds that there are many activities undertaken by various departments, agencies, and instrumentalities of the Federal Government which, in the aggregate, constitute the domestic and international economic policy of the United States. The Congress further fuids that the objectives of the United States with respect to a sound and purposeful international economic policy can be better accomplished through the closer coordination of (1) domestic and foreign economic activity, and (2) in particular, that economic tehavior which, taken together, constitutes United States international economic policy. Therefore this Act establishes a Council on International Economic Policy which will provide for— (A) a clear top level focus for the full range of international economic issues; deal with international economic policies including trade, investment, balance of payments, and finance as a coherent whole:

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PUBLIC LAW 92-412-AUG. 29, 1972

(li) consistency between domestic and foreign economic policy: and (C) close coordination with basic foreign policy objectives. The Congress intends that the Council shall be provided with the opportunity to (i) investigate problems with respect to the coordination, implementation, and long-range development of international economic policy, and (ii) make appropriate findings and lecommendations for the purpose of assisting in the development of a rational and orderly international economic policy for the Ignited States. CREATION o r COUNCIL ON INTERNATIONAL ECONOMIC POLICY

SEC. 204. There is created in the Executive Office of the President a Council on International Economic Policy (hereinafter referred to in this title as the "Council''). MEMBERSHIP

SEC. 205. The Council shall be composed of the following members and such additional members as the President may designate: (1) The President. (2) The Secretary of State. (3) The Secretary of the Treasury. (4) The Secretary of Defense. ' (5) The Secretary of Agriculture. (6) The Secretary of Commerce. (7) The Secretary of Labor. (8) TheDirectorof the Office of Management and Budget. (9) The Chairman of the Council of Economic Advisers. (10) The Special Representative for Trade Negotiations. The President shall be the Chairman of the Council and shall preside over the meetings of the Council; in his absence he may designate a member of the Council to preside in his place. DUTIES o r THE COUNCIL

SEC. 206. Subject to the direction of the President, and in addition to performing such other functions as he may direct, the Council shall— (1) Assist and advise the President in the preparation of the International Economic Report required under section 207. (2) Review the activities and the policies of the United States Government which indirectly or directly relate to international economics and, for the purpose of making recommendations to the President in connection therewith, consider with some degree of specificity the substance and scope of the international economic policy of the United States, which consideration shall include examination of the economic activities of (A) the various agencies, departments, and instrumentalities of the Federal Government, (B) the several States, and (C) private industry. (3) Collect, analyze, and evaluate authoritative information, current and prospective, concerning international economic matters. Such evaluations shall include but not be limited to the impact of international trade on the level, stability, and financial rewards for domestic labor and the impact of the transnational corporation on international trade flows. (4) Consider policies and programs for coordinating the activities of all the departments and agencies of the United States with one another for the purpose of accomplishing a more con82-081 O - 73 - 44

647

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PUBLIC LAW 92-412-AUG. 29, 1972

'•

-

[86 STAT.

C sisteiit international economic policy, and niiikc lecoinniemlations to the President in connection therewith. (5) Continually assess the progress and effectivejiess of Federal efforts to carry out a consistent international economic policy. (6) Make recommendations to the President for domestic and foreign programs which will promote a more consistent international economic policy on the part of the United States and private industry. Recommendations under this paragraph shall include, but shall not be limited to, policy proposals relating to monetary mechanisms, foreign investment, trade, the balance of payments, foreign aid, taxes, international tourism and avia' tion, and international treaties and agreements relating to all • such matters. I n addition to other appropriate objectives, such policy proposals should be developed with a view toward— (A) strengthening the TTnit<»,d States competitive position in world trade; .:,. (B) achieving equilibrium in international payment accounts of the United States; (C) increasing exports of goods and services; (D) protecting and improving the earnings of foreign investments consonant with the concepts of tax equity and the need for domestic investment; (E) achieving freedom of movement of people, goods, capital, information, and technology on a reciprocal and worldwide basis; (F) increasing the real employment and income of workers and consumers on the basis of international economic activity; and f ^ (G) preserving the diversified industrial base of the Ignited ^^ States.

Econ^mfc'R"^ ort ^^^' ^^'^' ^^^ "^^^ President shall transmit to the Congress an annual submittal to ' report on the international economic position of the United States. Congress. Such report (hereinafter referred to as the "International Economic Report") shall be submitted not later than sixty days after the beginning of each regular session of the Congress, and shall include— (1) information and statistics describing characteristics of international economic activity and identifying significant current and foreseeable trends and developments; (2) a review of the international economic program of the Federal Government and a review of domestic and foreign economic conditions and other significant matters affecting the balance of international payments of the United States and of their effect on the international trade, investment, financial, and monetary position of the United States; 1, (3) a review of the impact of international voluntary standards, the foreign investments of United States based transnational firms, and the level of foreign wage rates on the level, stability, and financial reward for domestic employment; and (4) a program for carrying out the policy objectives of this title, together with such recommendations for legislation as he may deem necessary or desirable. repon^s^^rc'on-^ (^) ^ ^ ^ President may transmit from time to time to the Congress, gress reports supplementary to the International Economic Report, each of which may include such supplementary or revised recommendations as he may deem necessary or desirable to arhieA-e the purposes and policy objectives set forth m this title.

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Page:Afleetinbeing.djvu/63

v just on the engine-room hatch. Sound place that. It mixes up the engines.'

'Mahan says, somewhere, that broadside fighting is going to pay with our low freeboards, because most shots go wrong in elevation. Of course, broadside-on, a shell that misses you misses you clean. It don't go hopping along your upper works as it would if you were end-on.'

'Oh, I meant my shot for an end-on shot, of course,' says Twenty-one; and some one promptly sits on him.

'No-o,' says Twenty-Four, meditatively. 'What we really want if we ever go into a row is weather—lots of it. Good old gales—regular smellers. Then we could run in and beak 'em while it's thick. I believe in beaking.' (That belief, by the way, is curiously general in the Navy.)

'D'you mean to say you'd ram with a tea-tray like ours? I'm glad you aren't the skipper,' I interrupt.

'Oh, he'd beak like a shot, if he saw his chance. Of course, he wouldn't beak anything our size—it 'ud be cheaper to hammer her—but take the (he named a ship that does not fly Our flag). If you got in on her almost anywhere she'd turn turtle. And she cost about a million and a quarter. It's just a question of L.S.D.'

'And what 'ud we do afterwards, please?'

'Ah, that's our strong point. What happened when that collier drifted down on us at Milford?

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Page:United States Statutes at Large Volume 86.djvu/691

 86 STAT. ]

PUBLIC LAW 92-413-AUG. 29, 1972

649

EXECUTIVE DIRECTOR A N D STAFF OF THE C O U N C I L

SEC. 208. (a) The staff of the Council shall be headed by an Executive Director who shall be appointed by the President, and he shall be compensated at the rate now or hereafter provided for level II of the Executive Schedule (5 U.S.C. 5313). He shall keep the Committee 83 Stat. 8 6 3. on Banking, Housing and Urban Affairs of the Senate, the Commit- c oInformation l to ngressiona tee on Banking and Currency of the House of Representatives, the committees. Committee on Foreign Relations of the Senate, the Committee on Foreign Affairs of the House of Representatives, the Committee on Finance of the Senate, the Committee on Ways and Means of the House of Representatives, and the Joint Economic Committee fully and currently informed regarding the activities of the Council. (b)(1) With the approval of the Council, the Executive Director may appoint and fix the compensation of such staff personnel as he deems necessary. Except as provided in paragraph (2), the staff of the Council shall be appointed subject to the provisions of title 5, United States Code, governing appointments in the competitive serv- 80 Stat. 378. 5 ice, and shall be paid in accordance with the provisions of chapter 51 seq, u s e iOl et and subchapter III of chapter 53 of such title relating to classification 5 USC 5101, 5331. and General Schedule pay rates. (2^ With the approval of the Council, the Executive Director may appoint and fix the compensation of one officer at a rate of basic compensation not to exceed the rate provided for level IV of the Federal Executive Salary Schedule, and appoint and fix the compensation of 5 USC 5 3 1 5. two officers at rates of basic compensation not to exceed the rate provided for level V of the Federal Executive Salary Schedule. 5 USC 5316. (c) With the approval of the Council, the Executive Director may procure temporary and intermittent services to the same extent as is authorized by section 3109 of title 5, United States Code, at rates not 80 Stat. 4 1 6. 5 USC 5332 to exceed the daily equivalent of the rate provided for GS-18. note. (d) Upon request of the Executive Director, the head of any Federal agency is authorized to detail, on a reimbursable basis, any of its personnel to the Council to assist it in carrying out its duties under this title. SEC. 209. The provisions of this title shall expire on June 30, 1973, Expiration date unless extended by legislation enacted by the Congress. AUTHORIZATION FOR APPROPRIATIONS

SEC. 210. For the purpose of carrying out the provisions of this title, there are authorized to be appropriated not to exceed $1,400,000 for fiscal year 1973. Approved August 29, 1972. Public Law 92-413 AN ACT To amend section 2735 of title 10, United States Code, to provide for the finality of settlement effected under section 2733, 2734, 2734a, 2734b, or 2737.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 2735 of title 10, United States Code, is amended to read as follows: "Notwithstanding any other provision of law, the settlement of a claim under section 2733, 2734, 2734a, 2734b, or 2737 of this title is final and conclusive." Approved August 29, 1972.
 * % 2735. Settlement: final and conclusive

August 29, 1972 [H. R. 5814]

Miutar^claims 70A*stat? tss^'

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 PUBLIC LAW 92-414-AUG. 29, 1972

650

Public Law 92-414 August 29, 1972 [H. R.15474]

National C o o l e y ' s Anemia Control Act.

[86 STAT.

' '^... •.. «..,...pr.-..-.

AN ACT To amend the Public Health Service Act to provide assistance for programs for the diagnosis, prevention, and treatment of, and research in, Cooley's anemia.

Be it enacted by the Senate and House of Remesentat'iven United States of America in Congress assembled,

of the

SHORT TITLE

1. This Act may be cited as the "National Cooley's Anemia Control Act". SECTION"

F I N D I N G S AND DECLARATION OF PURPOSE

SEC. 2. (a) The Congress finds and declares— (1) that Cooley's anemia is a debilitating, inheritable disease that afflicts thousands of American citizens and has been largely neglected; (2) that efforts to prevent Cooley's anemia must be directed toward increased research in the cause and treatment of the disease, and the education, screening, and counseling of carriers of the trait; (3) that programs to prevent Cooley's anemia must be based entirely upon the voluntary cooperation of the individuals involved; and (4) that the attainment of better methods of prevention, diagnosis, and treatment of Cooley's anemia deserves the highest priority. (b) In order to preserve and protect the health and welfare of all citizens, it is the purpose of this Act to establish a national program for the diagnosis, prevention, and treatment of, and research in, Cooley's anemia. COOLEY'S ANEMIA PROGRAMS Ante,

p. 137.

SEC. 3. Title X I of the Public Health Service Act is amended by adding after section 1106 the following: " P A R T B—COOLEY'S A N E M I A PROGRAMS "COOLEY'S ANEMIA SCREENING, TREATMENT, AND COUNSELING, RESEARCH, AND INFORMATION AND EDUCATION PROGRAMS

"SEC. 1111. (a)(1) The Secretary may make grants to public and nonprofit private entities, and may enter into contracts with public and private entities, for projects for the establisliment and operation, primarily through other existing health programs, of Cooley's anemia screening, treatment, and counseling programs. " (2) The Secretary may make grants to public and nonprofit private entities, and may enter into contracts with public and private entities and individuals, for projects for research in the diagnosis, treatment, and prevention of Cooley's anemia, including projects for the development of effective and inexpensive tests which will identify those who have the disease or carry the trait. "(3) The Secretary shall carry out a program to develop information and educational materials relating to Cooley's anemia and to disseminate such information and materials to persons providing health care and to the public generally. The Secretary may carry out such program through grants to public and nonprofit private entities or contracts with public and private entities and individuals.

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651

"(b)(1) For the purpose of making payments pursuant to grants and contracts under subsection (a)(1), there are authorized to be appropriated $1,000,000 for the fiscal year ending June 30, 1973, and for each of the next two fiscal years. "(2) For the purpose of making payments pursuant to grants and contracts under subsection (a)(2), there are authorized to be appropriated $1,700,000 for the fiscal year ending June 30, 1973, and for each of the next two fiscal years. "(3) For the purpose of carrying out subsection (a)(3), there are authorized to be appropriated $1,000,000 for the fiscal year ending June 30, 1973, and for each of the next two fiscal years. " VOLUNTARY PARTICIPATION

-

Appropriation.

.

"SEC. 1112. The participation by any individual in any program or portion thereof under this part shall be wholly voluntary and shall not be a prerequisite to eligibility for or receipt of any other service or assistance from, or to participation in, any other program. "APPLICATIONS; ADMINISTRATION or GRANT AND CONTRACT PROGRAMS

"SEC. 1113. (a) A grant under this part may be made upon application to the Secretary at such time, in such manner, containing and accompanied by such information, as the Secretary deems necessary. Each application shall— "(1) provide that the programs and activities for which assistance under this part is sought will be administered by or under the supervision of the applicant; "(2) provide for strict confidentiality of all test results, medical records, and other information regarding screening, counseling, or treatment of any person treated, except for (A) such information as the patient (or his giiardian) consents to be released, or (B) statistical data compiled without reference to the identity of any such patient; "(3) provide lor appropriate community representation in the development and operation of any program funded by a grant under this part; "(4) set forth such fiscal control and fund accounting procedures as may be necessary to assure proper disbursement of and accounting for Federal funds paid to the applicant under this part; and "(5) provide for making such reports in such form and containing such information as the Secretary may reasonably require. " (b)(1) In making any grant or contract under this title, the Secretary shall (A) take into account the number of persons to be served by the program supported by such grant or contract and the extent to which rapid and effective use will be made of funds under the grant or contract; and (B) give priority to programs operating in areas which the Secretary determines have the greatest number of persons in need of the services provided under such programs. "(2) The Secretary may make a grant under section 1111(a)(1) for a screening, treatment, and counseling program when he determines that the screening provided by such program will be done through an effective and inexpensive Cooley's anemia screening test.

^

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 652

PUBLIC LAW 92-415-AUG. 29, 1972 aPUBLIC

, n o ', t iJ J'; (4 r.. 7tj -4 A

HEALTH

SERVICE

[86 STAT.

FACILmES

"SEC. 1114. The Secretary shall establish a program within the Public Health Service to provide for voluntary Cooley's anemia screening, counseling, and treatment. Such program shall utilize effective and inexpensive Cooley's anemia screening tests, shall be made available through facilities of the Public Health Service to any person requesting screening, counseling, or treatment, and shall include appropriate publicity of the availability and voluntary nature of such programs. ,,.,..,. Report to President, transmittal to Congress.

[,.,y- - ...,

,.:.,:,j,,.,;.,,,. _,• •

"SEC. 1115. (a) The Secretary shall prepare and submit to the President for transmittal to the Congress on or before April 1 of each year a comprehensive report on the administration of this part. "(b) The report required by this section shall contain such recommendations for additional legislation as the Secretary deems necessary." CONFORMING AMENDMENTS

Ante,

"REPORTS

p, 137.

TO TITLE X I OF THE P U B L I C H E A L T H ACT

SERVICE

SEC. 4. Title X I of the Public Health Service Act is amended— (1) by striking out " TITLE XI—SICKLE CELL ANEMIA PROGRAM'' ' ' and inserting in lieu thereof "TITLE XI—GENETIC BLOOD DISORDERS " P A R T A — S I C K L E CELL ANEMIA PROGRAMS";

•>-

(2) by striking out paragraph (3) of section 1101(a); and (3) by striking out "title" each place it occurs in sections 1103, 1104, and 1106 and inserting in lieu thereof "part". Approved August 29, 1972.

Public Law 92-415 August 29, 1972 [ H. R, 12392]

Court of C l a i m s. Jurisdiction. 68 Stat. 1241; 84 Stat. 449.

Effective

date.

.

/„

AN ACT To amend title 28, United States Code, section 1491, to authorize the Court of Claims to implement its judgments for compensation.

Be it enacted by the Senate and Home of Representatives of the United /States of America in Congress assembled, That the first paragraph of section 1491 of title 28, United States Code, is amended by adding thereto the following: "To provide an entire remedy and to complete the relief afforded by the judgment, the court may, as an incident of and collateral to any such judgment, issue orders directing restoration to office or position, placement in appropriate duty or retirement status, and correction of applicable records, and such orders may be issued to any appropriate official of the United States. I n any case within its jurisdiction, the court shall have the power to remand appropriate matters to any administrative or executive body or official with such direction as it may deem proper and just." SEC. 2. This Act shall be applicable to all judicial proceedings pending on or instituted after the date of its enactment. Approved August 29, 1972.

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PUBLIC LAW 92-416-AUG. 29, 1972

Public Law 92-416

653

•

AN ACT To amend the Shipping Act. 1»16. aud the Intercoastal Shipping Ait. 1!)33, to convert, criminal iienalties to civil penalties in certain instances, and for other purposes.

Be it enacted by the Senat«' and House of Representative^ of the raited States o^ America in Congress assembled, That the Shipping Act. 1916 (46 L. S. C 801 et seq.), is amended as follows: (a) By deleting that part of the first sentence in the last paragraph of section 15, immediately preceding the proviso, and substituting the following: "Whoever violates any provision of this section or of section 14b shall be subject to a civil penalty of not more than $1,0 for each (lay such violation continues:" (b) By deleting the last paragraph of section 16 and substituting the following: "Whoever violates any provision of this section other than paragraphs First and Third hereof shall be subject to a civil penalty of not more than $5,000 for each such violation. "Whoever violates paragraphs First and Third hereof shall be guilty of a misdemeanor punishable by a tine of not more than $5,000 for each offense." (c) By deleting section 18(b)(6) and substituting the following: "(6) Whoever violates any provision of this section shall be subject to a civil penalty of not more than $1,000 for each day such violation continues." (d) By amending the first paragraph of section 23 to read as follows: "Orders of the (Commission ivlating to any violation of this Act or to any violation of any rule or le^ulation issued pursuant to this Act shall be made only after full hearing, and upon a sworn complaint or in proceedings instituted of its own motion." (e) By deleting section 32 and substituting therefor the following: "SEC. 32. (a) That whoever violates any provision of sections 14 through 21 and section 44 of this Act, except where a different penalty is provided, shall be subject to a civil penalty not to exceed $5,000 for each such violation. " (b) Whoever violates any provision of any other section of this Act, except where a different penalty is provided, shall be guilty of a misdemeanor, punishable by a fine not to exceed $5,000. "(c) Whoever violates any order, nile, or regulation of the Federal Maritime Commission made or issued in the exercise of its powers, duties, or functions, shall be subject to a civil penalty of not more than $1,000 for each day such violation continues." SEC. 2. The last sentence of section 2 of the Intercoastal Shipping Act, 1933 (46 U.S.C. 844), is amended to read as follows: "Whoever violates any provision of this section shall be subject to a civil penalty of not more than $1,000 for each day such violation continues." SEC. 3. Any civil penalty provided herein may be compromised by the Federal Maritime Commission, or may be recovered by the United States in a civil action. Approved August 29, 1972.

August 29, 197:! [H. R.755]

Federal Maritime Commission. Shipping laws, civil penalties. 39 Stat. 728. 75 Stat. 763; 78 Stat. 148. 46 USC 814. 46 USC 813a. 49 Stat. 1518. 46 USC 815.

46 USC 817.

46 USC 822.

46 USC 831. 46 USC 812!20, 841b.

79 Stat. 213.

Civil penalty, compromise or recovery.

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PUBLIC LAW 92-417-AUG. 29, 1972

[86 STAT.

Public Law 92-417 August 29, 1972 [H. R. 8549]

Armed Forces. Admiralty claims against U.S., settlement. 70A Stat. 271.

AN ACT To amend title 10, United' States Code, to broaden the authority of the Secretaries of the military departments to settle certain admiralty claims administratively, and for other purposes.

Be it enacted by the Senate and the House of Representatives of United States of America in Congress assembled, That title 10, United States Code, is amended as follows: (1) The section heading for section 4802 and section 4802(a) are amended to read as follows: '*§ 4802. Admiralty claims against the United States "(a) The Secretary of the Army may settle or compromise an admiralty claim against the United States for— "(1) damage caused by a vessel of, or in the service of, the Department of the Army or by other property under the jurisdiction of the Department of the Army; "(2) compensation for towage and salvage service, including contract salvage, rendered to a vessel of, or in the service of, the Department of the Army or to other property under the jurisdiction of the Department of the Army; or "(3) damage caused by a maritime tort committed by any agent or employee of the Department of the Army or by property under the jurisdiction of the Department of the Army." (2) Chapter 451 is amended by striking out the following item in the analysis: "4802. Damage by United States vessels; towage and salvage of United States vessels."

and inserting the following item in place thereof: •'4802. Admiralty claims against the United States." Salvage claims.

70A Stat. 456.

(3) The text of section 4804 is amended to read as follows: "(a) The Secretary of the Army may settle, or compromise, and receive payment of a claim by the United States for salvage services performed by the Department of the Army. Amounts received under this section shall be covered into the Treasury. "(b) In any case where the amount to be received by the United States is not more than $10,000, the Secretary of the Army may delegate his authority under subsection (a) to any person designated by him." (4) The text of section 7365 is amended to read as follows: "The Secretary of the Navy, or his designee, may consider, ascertain, adjust,, determine, compromise, or settle and receive payment of any claim by the United States for salvage services rendered by the Department of the Navy." (5) Section 7622(a) is amended to read as follows: "(a) The Secretary of the Navy may settle, or compromise, and pay in an amount not more than $1,000,000 an admiralty claim against the United States for— " (1) damage caused by a vessel in the naval service or by other property under the jurisdiction of the Department of the Navy; "(2) compensation for towage and salvage service, including contract salvage, rendered to a vessel in the naval service or to other property under the jurisdiction of the Department of the Navv; or

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655

" (S) damage caused by a maritime tort committed by any agent or employee of the Department of the Navy or by property under the jurisdiction of the Department of the Navy." (6) The section heading for section 9802, and section 9802(a) are JJ^us?980^2!* amended to read as follows: " (a) The Secretary of the Air Force may settle or compromise an admiralty claim against the United States for— "(1) damage caused by a vessel of, or in the service of, the Department of the Air Force or by other property under the jurisdiction of the Department of the Air Force; "(2) compensation for towage and salvage service, including contract salvage, rendered to a vessel of, or m the service of, the Department of the Air Force or to other property under the jurisdiction of the Department of the A i r Force; or "(3) damage caused by a maritime tort committed by any agent or employee of the Department of the Air Force or by property under the jurisdiction of the Department of the Air Force. (7) Chapter 951 is amended by striking out the following item in the analysis: •'9802. Damage by United States vessels; towage and sa'vage of United States vessels."
 * '§ 9802. Admiralty claims against the United States

and inserting the following item in place thereof: "9802. Admiralty claims against the United States."

(8) The text of section 9804 is amended to read as follows: " (a) The Secretary of the Air Force may settle, or compromise, and receive payment of a claim by the United States for salvage services performed by the Department of the Air Force. Amounts received under this section shall be covered into the Treasury. "(b) I n any case where the amount to be received hj the United States is not more than $10,000, the Secretary of the Air Force may delegate his authority under subsection (a) to any person designated by him." SEC. 2. (a) The section heading for section 646, and section 646, title 14, United States Code, are revised to read as follows: '

" (a) The Secretary may consider, ascertain, adjust, determine, compromise, or settle, and pay in an amount not more than $100,000, an admiralty claim against the United States for— "(1) damage caused by a vessel in the Coast Guard service or by other property under the jurisdiction of the Department in which the Coast Guard is operating; "(2) compensation for towage and salvage services, including contract salvage, rendered to a vessel in the Coast Guard service or to other property under the jurisdiction of the Department in which the Coast Guard is operating; or " (3) damage caused by a maritime tort committed by an agent or employee of the Department in which the Coast Guard is operating or by property under the jurisdiction of that Department. " (b) Upon acceptance of payment by the claimant, the settlement or compromise of a claim under this section is final and conclusive notwithstanding any other law.
 * '§646. Admiralty claims against the United States

salvage claims,,

63 Stat. 548; 74 Stat. 2 4 5.

'

" ' ' ^

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 frao Certificat Congress.

PUBLIC LAW 92-418-AUG. 29, 1972

[86

STAT.

"(c) If a claim, under this section is settled or compromised for tiiore than $100,000, the Secretary shall certify it to Congress." (b) Chapter 17 of title 14, United States Code, is amended by striking out the following item in the analysis: "646. Claims for damages occasioned by vessels." and inserting the following item in pla<?e thereof: ^ "646. Admiralty claims against the United States." SEC. 3. Section 9 of the Act of March 9, 1920, chapter 9, as amended (41 Stat. 527, as amended; 46 U.S.C. 749) is amended by striking out the words "having control of the possession or operation of any merchant vessel.'' ,. Approved August 29, 1972. . - .. /,'.

Public Law 92-418 August 29, 1972 [H. R.11185]

Veterans' organizations. Tax exempt status. 68A Stat. 163; 83 Stat. 5 4 1. 26 USC 5 0 1.

83 Stat. 5 3 7.

AN ACT

To amend the Internal Revenue Code of 1954 with regard to the exempt status of veterans' organizations, 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) section 501(c) of the Internal Revenue Code of 1954 (relating to list of exempt organizations) is amended by adding at the end thereof the following new paragraph: "(19) A post or organization of war veterans, or an auxiliary unit or society of, or a trust or foundation for, any such post or organization— " (A) organized in the United States or any of its possessions, " (B) at least 75 percent of the members of which are war veterans and substantially all of the other members of which are individuals who are veterans (but not war veterans), or are cadets, or are spouses, widows, or widowers of war veterans or such individuals, and ,,it> < " (C) no part of the net earnings of which inures to the benefit of any private shareholder or individual.''. (b) Section 512(a) of such Code (relating to definition of unrelated business taxable income) is amended by adding at the end thereof the following new paragraph: "(4) SPECIAL RULE APPLICABLE TO ORGANIZATIONS DESCRIBED I N SECTION 501(0(19).—In the case of an organization described

Supra,

83 Stat. 5 4 9.

Effective date. 76 Stat. 5 1.

?n ••,} in section 501(c) (19), the term 'unrelated business taxable income' does not include any amount attributable to payments for life, sick, accident, or health insurance with respect to members of such organizations or their dependents which is set aside for the purpose of providing for the payment of insurance benefits or for a purpose specified in section 170(c)(4). If an amount set »is aside under the preceding sentence is used during the taxable p> year for a purpose other than a purpose described in the preceding sentence, such amount shall be included, under paragraph (1), in unrelated business taxable income for the taxable year.'' (c) The amendments made by this section shall apply to taxable years beginning after December 31, 1969. SEC. 2. (a) Section 165(h) of the Internal Revenue Code of 1954 (relating to disaster losses) is amended by— (1) striking out the first sentence and inserting in lieu thereof

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PUBLIC LAW 92-419-AUG. 30, 1972

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the following: "Notwithstanding the provisions of subsection (a), any loss attributable to a disaster occurring in an area subsequently determined by the President of the United States to warrant assistance by the Federal Government under the Disaster Relief Act of 1970 may, at the election of the taxpayer, be deducted for the taxable year immediately preceding the taxable year in which the disaster occurred."; and (2) inserting before the period in the second sentence a comma and the following: "based on facts existing at the date the taxpayer claims the loss", (b) Section 6405 of such Code (relating to reports of refunds and credits to the Joint Committee on Internal Revenue Taxation) is amended by adding at the end thereof the following new subsection: "(d)

REFUNDS ATTRIBUTABLE TO CERTAIN DISASTER LOSSES.—If

84 Stat. 1744. 42 USC 4401 note.

68A Stat. 7 9 2. 26 USC 6405.

any

refund or credit of income taxes is attributable to the taxpayer's election under section 165(h) to deduct a disaster loss for the taxable year immediately preceding the taxable year in which the disaster occurred, the Secretary or his delegate is authorized in his discretion to make the refund or credit, to the extent attributable to such election, without re ard to the provisions of subsection (a) of this section. If such refund or credit is made without regard to subsection (a), there shall thereafter be submitted to such Joint Committee a report containing the matter specified in subsection (a) as soon as the Secretary or his delegate shall determine the correct amount of the tax for the taxable year for which the refund or credit is made." (c) The amendment made by subsection (a) shall apply to disasters occurring after December 31, 1971, in taxable years ending after such date. The amendment made by subsection (b) shall apply with respect to refunds or credits made after July 1, 1972. Approved August 29, 1972.

Ante,

p. 656.

Report to cong r e s s i o n a l committee.

Effective dates.

Public Law 92-419 AN ACT I To provide for improving the economy and living conditions in rural America.

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 "Rural Development Act of 1972".

August 30, 1972 [H. R.12931]

Rural Development Act of 1972,

TITLE I — AMENDMENTS TO THE C O N S O L I D A T E D FARME R S H O M E ADMINISTRATION ACT O F 1961 ' SEC. 101. SHORT TITLE.—Section 301(a) of the Consolidated Farmers Home Administration Act of 1961 is amended to read as follows: " (a) This title may be cited as the 'Consolidated Farm and Rural Development Act'."

75 Stat. 307. 7 USC 1921 note.

SEC. 102. RURAL ENTERPRISE LOANS.—Section 304 of the Consoli-

dated Farmers Home Administration Act of 1961 is amended by— (1) inserting " (a) " before the first sentence and striking out " (a) " and " (b) " in the first sentence; and

75 Stat. 308; 82 Stat. 770. 7 USC 1924.

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75 Stat. 307; 7 USC ^922. 7 USC 192 5.

[86 STAT.

(2) adding at the end of section a new subsection as follows: " (b) Loans may also be made or insured under this subtitle to residents of rural areas without regard to the requirements of clauses (2) and (3) of section 302 to acquire or establish in rural areas small busi^^^^ enterprises to provide such residents with essential income." SEC. 103. APPRAISALS.—Section 305 of the Consolidated Farmers Home Administration Act of 1961 is amended by striking out "normal" in the first and second sentences and striking out the last sentence. SEC. 104. ESSENTIAL RURAL COMMUNITY FACILITIES.—Section 306

79 Stat. 931 84 Stat. 1855

V'uVc i"926.

.-

,,;;-

(a)(1) of the Consolidated Farmers Home Administration Act of 1961 is amended (1) by inserting after "corporations not operated for profit," the following: "Indian tribes on Federal and State reservations and other federally recognized Indian tribes,"; and (2) by striking out "and recreational developments" and inserting in lieu thereof "recreational developments, and essential community facilities including necessary related equipment". SEC.

105. GRANTS FOR WATER AND WASTE DISPOSAL SYSTEMS.—

Section 306(a)(2) of the Consolidated Farmers Home Administration 82 Stat. 770. ^ ^ t of 1961 is amended by striking out "$100,000,000" and inserting in lieu thereof "$300,000,000". SEC. 106. PLANNING REQUIREMENTS.—The first sentence of section 306(a)(3) of the Consolidated Farmers Home Administration Act of 1961 is amended to read as follows: "No grant shall be made under paragraph (2) of this subsection in connection with any project unless the Secretary determines that the project (i) will serve a rural area and constructed so that adequate capacity will or can be made available to serve the present population of the area to the extent feasible and to serve the reasonably foreseeable growth needs of the area, and (iii) is necessary for an orderly community development consistent with a • comprehensive community water, waste disposal, or other development plan of the rural area and not inconsistent with any planned development provided in any State, multijurisdictional, county, or municipal plan approved by competent authority for the area in which the rural community is located, and the Secretary shall require the submission of all applications for financial assistance under this section to the multi jurisdictional substate area wide general purpose planning and development agency that has been officially designated as a clearinghouse agency under Office of Management and Budget Circular A-95 and to the county or municipal government having jurisdiction over the area in which the proposed project is to be located for review and comment within a designated period of time not to exceed 30 days concerning among other considerations, the effect of the project upon the areawide goals and plans of such agency or government. No loan under this section shall be made that is inconsistent with any multijurisdictional planning and development district areawide plan of such agency. The Secretary is authorized to reimburse such agency or government for the cost of making the required review."
 * , j.j,,,;,,v;H which, if such project is carried out, is not likely to decline in population below that for which the project was designed, (ii) is designed

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SEC. 107. EXTENSION.—In the second sentence of section 306(a)(3) of the Consolidated Farmers Home Administration Act of 1961 strike o,^L^l^V7n^^' out "1971" and insert "1973". % use 1926. SEC. 108. WATER AND WASTE DISPOSAL PLANNING GRANTS.—Para-

jiraph (6) of section 306(a) of the Consolidated Farmers Home Administration Act of 1961 is amended by— (1) striking out "$15,000,000" and inserting in lieu thereof "$30,000,000"; (2) striking out "official"; and • (3) striking out "sewer" and inserting in lieu thereof "waste i disposal". •<. • SEC. 109. DEFINITIONS.—Section 306(a)(7) of the Consolidated '^" F'armers Home Administration Act of 1961 is amended to read as follows: "(7) As used in this title, the terms 'rural' and 'rural area' shall not include any area in any city or town which has a population in excess of ten thousand inhabitants, except that for purposes of loans and grants for private business enterprises under sections 304(b), Ante, p. 657. 310B, and 312 (b), (c), and (d) the terms 'rural' and 'rural area' may ^/^°^^' PP* ^^3, include all territory of a State, the Commonw^ealth of Puerto Rico and 665. the Virgin Islands, that is not within the outer boundary of any city having a population of fifty thousand or more and its immediately adjacent urbanized and urbanizing areas with a population density of more than one hundred persons per square mile, as determined by the Secretary of Agriculture according to the latest decennial census of the United States: Provided, That special consideration for such loans and grants shall be given to areas other than cities having a population of more than twenty-five thousand. SEC. 110. REPEAL or MAXIMUM SIZE LOAN.—Section 306(a) of the Consolidated Farmers Home Administration Act of 1961 is amended by striking out paragraph (5). SEC. 111. RURAL DEVELOPMENT PLANNING GRANTS.—Section 306(a) of the Consolidated Farmers Home Administration Act of 1961 is amended by adding at the end thereof a new paragraph as follows: "(11) The Secretary may make grants, not to exceed $10,000,000 annually, to public bodies or such other agencies as he may select to prepare comprehensive plans for rural development or such aspects of rural development as he may specify." SEC. 112. PRIORITY FOR CERTAIN WATER FACILITY AND WASTE DISPOSAL LOANS AND GRANTS.—Section 306(a) of the Consolidated

Farmers Home Administration Act of 1961 is amended by adding at the end thereof the following: "(12) I n the making of loans and grants for community waste disposal and water facilities under paragraphs (1) and (2) of this subsection the Secretary shall accord highest priority to the application of any municipality or other public agency (including an Indian tribe on a Federal or State reservation or other federally recognized Indian tribal group) in a rural comaiunity having a population not in excess of five thousand five hundred and which, in the case of water facility

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[86 STAT.

loans, has a community water supply system, where the Secretary determines that due to unanticipated diminution or deterioration of its water supply, immediate action is needed, or in the case of waste disposal, has a community waste disposal system, where the Secretary determines that due to unanticipated occurrences the system is not adequate to the needs of the community. The Secretary shall utilize the Soil Conservation Service in rendering technical assistance to applicants under this paragraph to the extent he deems appropriate." SEC. 113. INTEREST RATES ON RURAL DEVELOPMENT LOANS.—Section 75 Stat. 308. 7 USC 1927.

658"'^' ^^* ^ " ' Post, p. 663.

^"P^°'

307(a) of the Consolidated Farmers Home Administration Act of 1961 is amended by inserting before the period at the end of the second sentence thereof the following: "; except that loans (other than loans to public bodies or nonprofit associations (including Indian tribes on Federal and State reservations and other federally recognized Indian tribal groups) for community facilities, or loans of a type authorized by section 306(a)(1) prior to its amendment by the Rural Develop"lent Act of 1972) made or insured under section 304(b), 306(a)(1), "T- 310B shall— (1) when made other than as guaranteed loans, bear interest at a rate, prescribed by the Secretary, not less than a rate determined by the Secretary of the Treasury taking into consideration the current average market yield on outstanding marketable obligations of the United States comparable to the average maturities of such loans, adjusted in the judgment of the Secretary of the Treasury to provide for a rate comparable to the rates prevailing in the private market for similar loans and considering the Secretary's insurance of the loans, plus an additional charge, prescribed by the Secretary, to cover the Secretary's losses and cost of «i administration, which charge shall be deposited in the Rural m Development Insurance F u n d: Provided, That the rate so prescribed shall be adjusted to the nearest one-eighth of 1 per centum; and (2) when made as guaranteed loans, bear interest at such rate as may be agreed upon by the borrower and the lender". SEC. 114. ESCROW PAYMENTS.—Section 307(a) of the Consolidated Farmers Home Administration Act of 1961 is amended by inserting before the period at the end the following:", and borrowers under this title shall prepay to the Secretary as escrow agent such taxes and insurance as he may require, on such terms and conditions as he may prescribe". SEC. 115. AGRICULTURAL CREDIT INSURANCE F U N D AMENDMENTS.—

82lta?V7f ^' 7 USC 1929.

(a) Section 309(f) of the Consolidated Farmers Home Administration Act of 1961 is amended by— (1) changing "$100,000,000" to "$500,000,000" in paragraph (1); (2) changing paragraph (2) by— (A) striking out "the interest" and inserting in lieu thereof "amounts"; (B) changing "prepayments" to "payments" in all three places; and (C) inserting after "until due" the following: "or until the next agreed annual or semiannual remittance date". (3) striking out "section 335(a) in connection with insured loans." in paragraph (5) and inserting in lieu thereof "connection with insured loans, including the difference between interest payable by borrowers and interest to which insured lenders or insured holders are entitled vmder agreements with the Secretary included in contracts of insurance.". (4) inserting in paragraph (5) after "to pay" the following: "for contract services,".

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(b) Section U)i) of such Act is anieiided by iiddijig at the e]id thereof ^"'®' P- ^^°the following new subsections: " (g)(1) The assets and liabilities of, and authorizations applicable Transfer of to, the Farmers Home Administration direct loan account created by ^"""^s. section 338(c) and the Emergency Credit RevolviD#-ftind referred to 7°u|*c*1988^' in section 326 are hereby transferred to the fundTand such account and 7 USC igee'. such revolving fund are hereby abolished. Such assets and their proceeds, including loans made out of the fund pursuant to this section, shall be subject to the provisions of this section, section 308, the last ^ use 1928. sentence of section 3 0 6 (a)(1), and the last sentence of section 307. 1^2"^*^ ^^^^' "(2) From time to time, and at least at the close of each fiscal year, the Secretary shall pay from the fund into the Treasury as miscellaneous receipts interest on the value as determined by the Secretary, with the approval of the Comptroller General, of the Government's equity transferred to the fund pursuant to the first sentence of this subsection plus the cumulative amount of appropriations made available after enactment of this provision as capital and for administration of the programs financed from the fund, less the average undisbursed cash balance in the fund during the year. The rate of such interest shall be determined by the Secretary of the Treasury, taking into consideration the current average yield on outstanding marketable obligations of the United States with remaining periods to maturity comparable to the average maturities of loans made or insured from the fund, adjusted to the nearest one-eighth of 1 per centum. Interest payments may be deferred with the approval of the Secretary of the Treasury, but any interest payments so deferred shall themselves bear interest. If at any time the Secretary determines that moneys in the fund exceed present and any reasonably prospective future requirements of the fund, such excess may be transferred to the general fund of the Treasury. " (h) The Secretary may provide financial assistance to borrowers loan^^'^^^^'^ for purposes provided in this title by guaranteeing loans made by any °^"^' Federal or State chartered bank, savings and loan association, coopera' ,. five lending agency, or other legally organized lending agenc}^" SEC. 116. KURAL DEVELOPMENT INSURANCE FUND.—The Consolidated Farmers Home Administration Act of 1961 is amended by inserting the following new section after section 309: supra. "SEC. 309A. (a) There is hereby created the Rural Development Insurance Fund (hereinafter in this section referred to as the 'Insurance Fund") which shall be used by the Secretary as a revolving fund for the discharge of the obligations of the Secretary under contracts guaranteeing or insuring rural development loans. For the purpose of "Rural developthis section 'rural development loans' shall be those provided for by sec- ""^"^ lo^ns." tions 304(b), 306(a)(1), 310B, and 312(b), except loans Cother than J^'^^' P- ^^-^ for water systems and waste disposal facilities) of a type authorized 665^^ ' ^^' by section 306(a)(1) prior to its amendment by the Rural Development Act of 1972. " (b) The assets and liabilities of the Agricultural Credit Insurance fuJds"^^^'^ °^ Fund referred to in section 309(a) applicable to loans for water systems "7 USC 1929. and waste disposal facilities under section 306(a)(1) are hereby transferred to the Insurance Fund. Such assets (including the proceeds thereof) and liabilities and rural development loans guaranteed or insured pursuant to this title shall be subject to the provisions of this section and section 308. "(c) Moneys in the Insurance Fund not needed for current operations shall be deposited in the Treasury of the United States to the credit of the Insurance Fund or invested in direct obligations of the United States or obligations guaranteed by the United States. The Sec- ;„^°';^l'„f"f,'''^^^' retary may purchase with money in the Insurance Fund any notes ing authority. issued by the Secretary to the Secretary of the Treasury for the purpose of obtaining money for the Insurance Fund.

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 662 authority.'^^"'"^

85*stat^*5 ^^^' 31 USC 774.

Loan service charges.

Use of funds.

PUBLIC LAW 92-419-AUG. 30, 1972

[86 STAT.

'' (d) The Secretary is authorized to make and issue notes to the Secretary of the Treasury for the purpose of obtaining funds necessary for discharging obligations under this section and for making loans, advances, and authorized expenditures out of the Insurance Fund. Such notes shall be in such form and denominations and have such maturities and be subject to such terms and conditions as may be prescribed by the Secretary with the approval of the Secretary of the Treasury. Such notes shall bear interest at a rate fixed by the Secretary of the Treasury, taking into consideration the current average market yield of outstanding marketable obligations of the United States having maturities comparable to the average maturities of rural development loans made, guaranteed, or insured under this title. The Secretary of the Treasury is authorized and directed to purchase any notes of the Secretary issued hereunder, and, for that purpose, the Secretary of the Treasury is authorized to use as a public debt transaction the proceeds from the sale of any securities issued under the Second Liberty Bond Act, as amended, and the purposes for which such securities may be issued under such Act, as amended, are extended to include the purchase of notes issued by the Secretary hereunder. All redemptions, purchases, and sales by the Secretary of the Treasury of such notes shall be treated as public debt transactions of the United States. " (e) Notes and security acquired by the Secretary in connection with rural development loans made, guaranteed, or insured under this title or transferred by subsection (b) of this section shall become a part of the Insurance Fund. Notes may be held in the Insurance Fund and collected in accordance with their terms or may be sold by the Secretary with or without agreements for insurance thereof at the balance due thereon, or on such other basis as the Secretary may determine from time to time. All net proceeds from such collections, including sales of notes or property, shall be deposited in and become a part of the Insurance Fund. "(f) The Secretary shall deposit in the Insurance F u n d any charges collected for loan services provided by the Secretary as well as charges assessed for losses and costs of administration in connection with making, guaranteeing, or insuring rural development loans under this title. " (g) The Secretary may utilize the Insurance Fund— "(1) to make rural development loans which could be insured under this title whenever he has a reasonable assurance that they can be sold without undue delay, and he may sell and insure such loans; "(2) to pay amounts to which the holder of insured notes is entitled on loans heretofore or hereafter insured accruing between the date of any payments by the borrower and the date of transmittal of any such payments to the holder. In the discretion of the Secretary, payments other than final payments need not be remitted to the holder until due or until the next agreed annual or semiannual remittance date; " (8) to pay to the holder of insured notes any defaulted installment, or upon assignment of the note to the Secretary at the Secretary's request, the entire balance due on the loan; "(4) to purchase notes in accordance with contracts of insurance heretofore or hereafter entered into b;v the Secretary; " (5) to make payments in compliance with the Secretary's obligations under contracts of guarantee entered into by him; "(6) to pay taxes, insurance, prior liens, expenses necessary to make fiscal adjustments in connection with the application and transmittal of collections or necessary to obtain credit reports on applicants or borrowers, expenses for necessary services, including construction inspections, commercial appraisals, loan servicing, consulting business advisory or other commercial and

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663

PUBLIC LAW 92-419-AUG. 30, 1972

technical services, and other program services, and other expenses and advances authorized in section 335(a) of this title in connection with insured loans. Such items may be paid in connection with guaranteed loans after or in connection with acquisition by the Secretary of such loans or security therefor after default, to an extent determined by the Secretary to be necessary to protect the interest of the Government, or in connection with grants and any other activity authorized in this title; "(7) to pay the difference between interest payments by borrowers and interest to which holders of insured notes are entitled under contracts of insurance heretofore or hereafter entered into by the Secretary; and "(8) to pay the Secretary's costs of administration of the rural development loan program, including costs of the Secretary incidental to guaranteeing rural development loans under this title. •'(h) When any loan is sold out of the Insurance Fund as an insured loan, the interest or other income thereon paid to an insured holder shall be included in gross income for purposes of chapter 1 of the Internal Revenue Code of 1954," SEC. 117. INSURED WATERSHED AND RESOURCE CONSERVATION AND DEVELOPMENT LOANS.—Subtitle A of the Consolidated Farmers Home

Administration Act of 1961 is amended by adding at the end a new section as follows: "SEC. 310A. Loans meeting the requirements of the Watershed Protection and Flood Prevention Act or title III of the Bankhead-Jones Farm Tenant Act may be insured, or made to be sold and insured, in accordance with and subject to sections 308 and 309, the last sentence of section 306(a)(1), and the last sentence of section 307 of this title." SEC. 118. RURAL INDUSTRL'VLIZATION ASSISTANCE.— (a)

Subtitle A

75 Stat. 3 1 5. 7 USC 1985.

68A Stat. 5. 26 USC 1. 75 Stat. 307. 7 USC 1922.

16 USC 1001 note. 7 USC 1010. 7 USC 1928, 1929, 1926, 1927.

of

the Consolidated Farmers Home Administration Act of 1961 is amended by adding at the end thereof, after section 310A as added by this Act, a new section as follows: "SEC. 310B. (a) The Secretary may also make and insure loans to public, private, or cooperative organizations organized for profit or nonprofit, to Indian tribes on Federal and State reservations or other federally recognized Indian tribal groups, or to individuals for the purpose of improving, developing, or financing business, industry, and employment and improving the economic and environmental climate in rural communities, including pollution abatement and control. Such loans, when originated, held, and serviced by other lenders, may be guaranteed by the Secretary under this section without regard to subsections (a) and (c) of section 333. " (b) The Secretary may make grants, not to exceed $50,000,000 annually, to eligible applicants under this section for pollution abatement and control projects in rural areas. No such grant shall exceed 50 per centum of the development cost of such a project. "(c) The Secretary may also make grants, not to exceed $50,000,000 annually, to public bodies for measures designed to facilitate development of private business enterprises, including the development, construction or acquisition of land, buildings, plants, equipment, access streets and roads, parking areas, utility extensions, necessary water supply and waste disposal facilities, refinancing, services and fees. " (d) The Secretary may participate in joint financing to facilitate development of private business enterprises in rural areas with the Economic Development Administration, the Small Business Administration, and the Department of Housing and Urban Development and other Federal and State agencies and with private and quasi-public financial institutions, through joint loans to applicants eligible under subsection (a) for the purpose of improving, developing, or financing

Post, p. 666. Pollution abatement p r o j e c t s, grants.

Private b u s i n e s s enterprises, development g r a n t s.

82-081 O - 73 -45

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Restrictions. Ante, p p. 657, 663; Post, p. 6 6 5.

75 Stat. 314. 7 USC 1983.

PUBLIC LAW 92-419-AUG. 30, 1972

[86 STAT.

business, industry, and employment and improving the economic and environmental climate in rural areas or through joint grants to applicants eligible under subsection (c) for such purposes, including in the case of loans or grants the development, construction, or acquisition of land, buildings, plants, equipment, access streets and roads, parking areas, utility extensions, necessary water supply and waste disposal facilities, renning, service and fees. (1) No financial or other assistance shall be extended under any provision of sections 30J:(b), 31B, and 312(b) that is calculated to or is likely to result in the transfer from one area to another of any employment or business activity provided by operations of the applicant, but this limitation shall not be construed to prohibit assistance for the expansion of an existing business entity through the establishment of a new branch, affiliate, or subsidiary of such entity if the establishment of such branch, affiliate, or subsidiary will not result in an increase in unemployment in the area of original location or in any other area where such entity conducts business operations unless there is reason to believe that such branch, affiliate, or subsidiary is being established with the intention of closing down the operations of the existing business entity in the area of its original locaticm or in any other area where it conducts such operations. (2) No financial or other assistance shal I be extended under any provision of sections 304(b), 310B, and 312(b) which is calculated to or likely to result in an increase in the production of goods, materials, or commodities, or the availability of services or facilities in the area, when there is not sufficient demand for such goods, materials, commodities, services, or facilities, to employ the efficient capacity of existing competitive commercial or industrial enterprises, unless such financial or other assistance will not have an adverse effect upon existing competitive enterprises in the area. (3) No financial or other assistance, shall be extended under any provision of sections 304(b), 3101^, and 312(b) if the Secretary of Ijabor certifies within 60 days after the matter has been submitted to him by the Secretary of Agriculture that the provisions of paragraph (1) and (2) of this subsection have not been complied with. The Secretary of Labor shall, in cooperation with the Secretary of Agriculture, develop a system of certification which will insure the expeditious processing of requests for assistance under this section." (b) Section 333 of the Consolidated Farmors Home Administration Act of 1901 is amended by inserting "310B," in paragraph (b) after•'306,". SEC. 119. GUARANTEED RITRAI. HOITSTNG LOANS.—Subtitle A of

7 USC 1922.

79 Stat. 4 9 8. 42 USC 1487.

48 Stat. 1246. 12 USC 1701. 63 Stat. 432, 433. 42 USC 1471, 1472. 42 USC 1471.

the

Consolidated Farmers Home Administration Act of 1961 is amended by adding at the end thereof a new section as follows: "SEC. 310C. (a) Rural Housing Loans which (1) are guaranteed by the Secretary under section 517(a)(2) of the Housing Act of 1949, (2) are made by other lenders approved by the Secretary to provide dwellings in rural areas for the applicants' own use, and (3) bear interest and other charges at rates not above the maximum rates prescribed by the Secretary of Housing and Urban Development for loans made by private lenders for similar purposes and guaranteed by the Secretary of Housing and Urban Development under the National Housing Act or superseding legislation shall not be subject to sections 501(c) and 502(b)(3) of the Housing Act of 1949." " (b) For the purposes of title V of the Housing Act of 1949, as amended, a guarantee of payment given under the color of law by the Department of Hawaiian Home Lands (or its successor in function) shall be found by the Secretary reasonably to assure repayment of any indebtedness so guaranteed." .,-..,,.,...

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SEC. 120. YOUNG FARMERS' LOANS.—(a) Section 311 of the Consoli-

dated Farmers Home Administration Act of 1961 is amended by— (1) inserting " (a) " before the first word; and (2) adding at the end of the section a new subsection as follows: " (b)(1) Loans may also be made under this subtitle without regard to the requirements of clauses (2) and (3) of subsection (a) to youth? who are rural residents to enable them to operate enterprises in connection with their participation in 4 - H Clubs, Future Farmers of America, and similar organizations and for the purposes specified in section 312. ''(2) A person receiving a loan under this subsection who executes a promissory note therefor shall thereby incur full personal liability for the indebtedness evidenced by such note in accordance with its terms free of any disability of minority. "(3) For loans under this subsection the Secretary may accept the personal liability of a cosigner of the promissory note in addition to the borrowers' personal liability." (b) Section 312 of the Consolidated Farmers Home Administration Act of 1961 is amended by inserting " (a) ' ' after "311". SEC. 121. EURAL ENTERPRISE OPERATING LOANS.—Section 312

75 Stat. 310. 7 USC 1941.

82 Stat. 771. 7 USC 1942. Liability.

of

the Consolidated Farmers Home Administration Act of 1961, as amended by this title, is amended by— (1) inserting " (a) " before the first word; and (2) further amending subsection (a) (as so designated by paragraph (1)) by striking out "and (9) for loan closing costs." and by inserting in lieu thereof the following: "(9) loan closing costs, and (10) for assisting farmers or ranchers in effecting additions to or alterations in the equipment, facilities, or methods of operation of their farms or ranches in order to comply with the applicable standards promulgated pursuant to section 6 of the Stat. 1593. Occupational Safety and Health Act of 1970 or standards adopted 84 USC 655. 29 by a State pursuant to a plan approved under section 18 of the Occupational Safety and Health Act of 1970, if the Secretary 29 USC 667. determines that any such farmer or rancher is likely to suffer substantial economic injury due to such compliance without assistance under this paragraph." (3) adding at the end of the section new subsections as follows: " (b) Leans may also be made under this subtitle to residents of rural areas without regard to the requirements of clauses (2) and (3) of section 311(a) to operate in rural areas small business enterprises to Supra. provide such residents with essential income. "(c) Loans may also be made to eligible applicants under this sub- Pollution abatement. title for pollution abatement and control project^ in rural areas. " (d) The Secretary may make grants, not to exceed $25,000,000 annually, to eligible applicants under this subtitle for pollution abatement and control projects in rural areas. No such grant shall exceed 50 peicentum of the development cost of such a project." SEC. 122. MAXIMUM SIZE.—Section 313 of the Consolidated Farmers Home Administration Act of 1961 is amended by changing "$35,000" 75 Stat. 310. 7 USC 1943. to "$50,000". SEC. 123. INSURED OPERATING LOANS.—Subtitle B of the Consolidated Farmers Home Administration Act of 1961 is amended by adding 7 USC 1941. at the end thereof a new section as follows: "SEC. 317. Loans meeting the requirements of this subtitle (except section 312(b)) may be insured, or made to be sold and insured, m Supra. accordance with and subject to sections 308 and 309 and the last 7 USC 1928. sentence of section 307 of this title." Ante, pp. 660, SEC. 124. AMENDMENTS TO SECTION 331.—Section 331 of the Con- 661. solidated Farmers Home Administration Act of 1961, is amended— 7 USC 1927. 7 USC 1981. (1) by inserting before the semicolon, in paragraph (a), thf

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PUBLIC LAW 92-419-AUG. 30, 1972

Report to P r e s i d e n t, transmittal to Congress.

Fidelity b o n d s.

Ante,

p. 202.

Interest payments.

[86 STAT.

following: ". and until January 1, 1975, make contracts for services incident to making, insuring, collecting, and servicing loans and property as determined by the Secretary to be necessary foi" carrying out the purposes of this title; (and the Secretary shall prior to June 80, 1974, report to the Congress through the President on the experience in using such contracts, together with recommendations for- such legislation as he may see fit)*'; and (2) by changing the period at the end of any lettered paragraph thereof to a semicolon and adding at the end of such section the following additional paragraphs: " (g) Obtain fidelity bonds protecting the Government against fraud and dishonesty of officers and employees of the Farmers Home Administration in lieu of faithful performance of duties bonds under section 14, title 6, United States Code, and regulations issued pursuant thereto, but otherwise in accordance with the provisions thereof; " (h) Not require borrowers to pay interest accrued after* December 81, 1972, on interest which is not more than 90 days.overdue on any loan held or insured by the Farmers Home Administration; "'(i) Consent to the transfer of property securing any loan or financed by any loan or grant made, insured, or held by the Secretary under this title, or the provisions of any other law administered by the F'armers Home Administration, upon such terms as he deems necessary to carry out the purpose of the loan or grant or to protect the financial interest of the Government."' SEC. 125. CREDIT ELSEWHERE DETERMINATION.—Paragraph (a)

75 Stat. 314. 7 USC 1983.

of

section 888 is amended by inserting after ""in writing'' the following: ", and the Secretary shall determine,". SEC. 126. REPEAL OF COUNTY COMMITTEE APPROVAL REQUIREMENT

7 USC 1961.

FOR Associ.vTioN AND DISTRICT LoANS.—Section 388(b) of the Consolidated Farmers Home Administration Act of 1961 is amended by striking out the words "said sections'' and inserting "section 821(b)(2)". SEC. 127. DISPOSITION or REAL PROPERTY.—Section 385(c) of

7 USC 1985.

Definitions. 76 Stat. 632; 80 Stat. 809. 7 USC 1991.

75 Stat. 308. 7 USC 1927. 7 USC 1921 note.

the

Consolidated Farmers Home Administration Act of 1961 is amended by— (1) striking out "subtitle A" in the first sentence and inserting in lieu thereof "the provisions of any law administered by the Farmers Home Administration"; (2) striking out "the provisions of subtitle A " in the second sentence and inserting in lieu thereof "such provisions"; (8) striking out in the fourth sentence "of at least 20 per centum" and "not more than five annual"; and (4) adding at the end of the fourth sentence before the period the following: ", but not in any event at rates and terms more favorable than those legally permissible for eligible borrowers". SEC. 128. (a) GUARANTEE OF LOANS.—Section 348 of the Consolidated Farmers Home Administration Act of 1961 is amended by inserting at the end thereof before the period the following: ", and (4) the word 'insure' as used in this title includes guarantee, which means to guarantee the payment of a loan originated, held, and serviced by a private financial agency or other lender approved by the Secretary, and (5) the term 'contract of insurance' includes a contract of guarantee". (b) Section 807(b) of the Consolidated Farmers Home Administration Act of 1961 is amended by changing "shall" to "may" in the second sentence. SEC. 129. ORDER OF PREFERENCE, EXTENT OF GUARANTY.—The Consolidated Farmers Home Administration Act of 1961 is amended by adding at the end thereof the following new section:

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PUBLIC LAW 92-419-AUG. 30, 1972

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"SEC. 344. No loan (other than one to a public body or nonprofit Loan umitaassociation (including Indian tribes on Federal and State reservations ''°"^or other federally recognized Indian tribal groups) for community facilities or one of a type authorized by section 306(a)(1) prior to its amendment by the Kural Development Act of 1972) shall be made g/stat^^'s^s^s^' by the Secretary either for sale as an insured loan or otherwise under 7 USC 1926. section 304(b), 306(a)(1), 310B, 312(b), or 312(c) unless the Secre- ^ ^nte. pp. 657, tary shall have determined that no other lender is willing to make such loan and assume 10 per centum of any loss sustained thereon. No contract guaranteeing any such loan by such other lender shall require the Secretary to participate in more than 90 per centum of any loss sustained thereon.'TITLE II — AMENDMENTS TO THE W A T E R S H E D PROTECTION A N D F L O O D P R E V E N T I O N ACT, A S A M E N D E D 201. AMENDMENTS TO PUBLIC LAW 83-566.—The Watershed Protection and Flood Prevention Act (68 Stat. 666), as amended, is ^^^^ ^^'^ ^°°^ amended as follows: (a) Section 1 is amended by striking out the words "the purpose of preventing such damages and of furthering the conservation, development, utilization, and disposal of water, and thereby of preserving and protecting the Nation's land and water resources" and substituting therefor the words "the purpose of preventing such damages, of furthering the conservation, development, utilization, and disposal of water, and the conservation and utilization of land and thereby of preserving, protecting, and improving the Nation's land and water resources and the quality of the environment." (b) Section 2 is amended by substituting a comma for the word ^o Stat. loss. "or" after clause (1) and adding after the phrase "(2) the conserva- 16 USC 1002. tion, development, utilization, and disposal of water" a comma and the following: "or " (3) the conservation and proper utilization of land". (c) Section 3 is amended by changing the period at the end of 16 USC 1003. paragraph (5) to a semicolon and adding the following: "(6) to enter into agreements with landowners, operators, and occu- conservation piers, individually or collectively, based on conservation plans of such ferm^agreements. landowners, operators, and occupiers which are developed in cooperation with and approved by the soil and water conservation district in which the land described in the agreement is situated, to be carried out on such land during a period of not to exceed ten years, providing for changes in cropping systems and land uses and for the installation of soil and water conservation practices and measures needed to conserve and develop the soil, water, woodland, wildlife, and recreation resources 01 lands within the area included in plans for works of improvement, as provided for in such plans, including watershed or subwatershed work plans in connection with the eleven watershed improvement programs authorized by section 13 of the Act of December 22, 1944 (58 Stat. 887), as amended and supplemented. Applica- Applications. tions for assistance in developing such conservation plans shall be made in writing to the soil and water conservation district involved, and the proposed agreement shall be reviewed by such district. In Federal cost return for such agreements by landowners, operators, and occupier's the ^'^^""secretary shall agree to share the costs of carrying out those practices and measures set forth in the agreement for which he determines that cost sharing is appropriate and in the public interest. The portion of such costs, including labor, to be shared shall be that part which the Secretary determines is appropriate and in the public interest for the carrying out of the practices and measures set forth in the agreement. SEC.

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 668

74 Stat. 254; 76 Stat. 608. 16 USC 1004.

Water quality management.

Water storage, cost sharing.

70 Stat. 1090; 74 Stat. 131. 16 USC 1006a. Limitation.

Reimbursement.

PUBLIC LAW 92-419-AUG. 30, 1972

[86 SxAt.

except that the Federal assistance shall not exceed the rate of assistance for similar practices and measures under existing national programs. The Secretary may terminate any agreement with a landowner, operator, or occupier by mutual agreement if the Secretary determines that such termination would be in the public interest, and may agree to such modifications of agreements, previously entered into hereunder, as he deems desirable to carry out the purposes of this paragraph or to facilitate the practical administration of the agreements provided for herein. Notwithstanding any other provision of law. the Secretary, to the extent he deems it desirable to carry out the purposes of this paragraph, may provide in any agreement hereunder for (1) preservation for a period not to exceed the period covered by the agreement and an equal period thereafter of the cropland, crop acreage, and allotment history applicable to land covered by the agreement for the purpose of any Federal program under which such history is used as a basis for an allotment or other limitation on the production of any crop; or (2) surrender of any such history and allotments." (d) Paragraph (1) of section 4 is amended by inserting after "without cost to the Federal Government" the words "from funds appropriated for the purposes of this act". (e) Clause A of paragraph (2) of section 4 is amended by striking all words after "fish and wildlife" and substituting therefor the words "development, recreational development, ground water recharge, water <|uality management, or the conservation and proper utilization of land: Provided, That works of improvement for water quality management shall consist primarily of water storage capacity in reservoirs for regulation of streamflow, except that any such storage and water releases shall not be provided as a substitute for adequate treatment or other methods of controlling waste at the source, and shall be consistent with standards and regulations adopted by the Water Resources Council on Federal cost sharing for water quality management, and". (f) All that part of clause (B) of paragraph (2) of section 4 which follows the word ^''Provided,^- where it first appears therein is amended to read as follows: "That, in addition to and without limitation on the authority of the Secretary to make loans or advancements under section 8, the Secretary may pay for any storage of water for present or anticipated future demands or needs for municipal or industrial water included in any reservoir structure constructed or modified under the provisions of this Act as hereinafter provided: Provided further, That the cost of water storage to meet future demands ma^ not exceed 30 per centum of the total estimated cost of such reservoir structure and the local organization shall give reasonable assurances, and there is evidence, that such demands for the use of such storage will be made within a period of time which will permit repayment within the life of the reservoir structure of the cost of such storage: Provided further, That the Secretary shall determine prior to initiation of construction or modification of any reservoir structure including such water supply storage that there are adequate assurances by the local organization or by an agency of the State having authority to give such assurances, that the Secretary will be reimbursed the cost of water supply storage for anticipated future demands, and that the local organization will pay not less than 50 per centum of the cost of storage for present water supply demands: And provided further, That the cost to be borne by the local organization for anticipated future demands may be repaid within the life of the reservoir structure but in no event to exceed fifty years after the reservoir structure is first used for the storage of water ^or anticipated future water supply demands, except that (1) no reimbursement of the cost of such water supply storage for anticipated future demands need be made until such supply is first used, and (2) no interest shall be charged on the cost of such water-supply storage

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PUBLIC LAW 92-419-AUG. 30, 1972

STAT.]

669

for anticipated future demands until such supply is first used, but in no case shall the interest-free period exceed ten years. The interest rate used for purposes of computing the interest on the unpaid balance 70 Stat. 1090; shall be determined in accordance with the provisions of section 8." 74 Stat. 131. (g) Subsection (4) of section 5 is amended to read as follows: "(4) 16 USC iP06a. Plans, submittal Any plans for works of improvement involving an estimated Federal to Federal agencontribution to construction costs in excess of $250,000 or including cies, President any structure having a total capacity in excess of twenty-five hundred and congress. acre-feet (a) which includes works of improvement for reclamation or H ^g^- ^^^^ irrigation, or which affects public or other lands or wildlife under the jurisdiction of the Secretary of the Interior, (b) which includes Federal assistance for goodwater detention structures, (c) which includes features which may affect the public health, or (d) which includes measures for control or abatement of water pollution, shall be submitted to the Secretary of the Interior, the Secretary of the Army, the Secretary of Health, Education, and Welfare, or the Administrator of the Environmental Protection Agency, respectively, for his views and recommendations at least thirty days prior to transmission of the plan to the Congress through the President. The views and recommendations of the Secretary of the Interior, the Secretary of the Army, the Secretary of Health, Education, and Welfare, and the Administrator of the Environmental Protection Agency, if received by the Secretary prior to the expiration of the above thirty-day period, shall accompany the plan transmitted by the Secretary to the Congress through the President." TITLE

III — AMENDMENTS TO THE HANKHEAI)-,INES F A R M T E N A N T A(^T, AS A: M E N I) E I)

SKC. 801.

BANKIIKAD-JONKS FARM TP:XAXT ACT AMENDMENTS.-^

Section 32(e) of title III of the Bankhead-Jones Farm Tenant Act, as amended (7 t^.S.C. 1011), is amended by adding at the end thereof the 76 Stat. 607; 84 Stat. 439, following: Water "The Secretary shall also be authorized in providing assistance for Federal storage, assistcarrying out plans developed under this title: "(1) To provide technical and other assistance, and to pay for any storage of water for present or anticipated future demands or needs for rural community water supply included in any reservoir structure constructed or modified pursuant to such plans: Provided, That the Litnitation. cost of water storage to meet future demands may not exceed 30 per centum of the total estimated cost of such reservoir structure and the public agency or local nonprofit organization shall give reasonable assurances, and there is evidence, that such demands for the use of .such storage will be made within a period of time which will permit repayment of the cost of such water supply storage within the life of the reservoir structure: Provided further, That the public agency or local nonprofit organization prior to initiation or construction or modification of any reservoir structure including water supply storage, make provision satisfactory to the Secretary to pay for not less than oO per centum of the cost of storage for present water supply demands, and all of the cost of storage for anticipated future demands: Avd provided further. That the cost to be borne by the public agency or local nonprofit organization for anticipated future demands may be repaid within the life of the reservoir structure but in no event to exceed fifty years after the reservoir structure is first used for the storage of water for anticipated future water supply demands except that (1) no payment on account of such cost need be made until such supply is first used, and (2) no interest shall be charged on such cost until such supply is first used, but in no case shall the interest-free period exceed ten years. The interest rate used for purposes of computing the interest

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 670

Other Federal

^^po""'-

PUBLIC LAW 92-419-AUG. 30, 1972

[86 STAT.

<:)ii the unpaid balance shall be the average rate, as determined b j the Secretary of the Treasury, payable by the Treasury upon its marketable public oblioations outstanding at the beginning of the fiscal year in which the advancement for such water supply is first made, which are neither due nor callable for redemption for fifteen years from date of issue; "(2) To provide, for the benefit of rural communities, technical and other assistance and such proportionate share of the costs of installing measures and facilities for water quality management, for the control and abatement of agriculture-related poUuticm, for the disposal of solid wastes, and foi- the storage of water in reservoirs, farm ponds, or other impoundments, togethei- with necessary water withdrawal appurtenances, for rural fire protection, as is determined by the Secretary to be equitable iu consideration of national needs and assistance authorized for similai- purposes undei' other Federal programs." SEC. H2. SOIL. WATER AXU RELATED RESOURCE DATA.—In recognition of the increasing need for soil, water', and related resource data for land conservation, use, and development, for guidance of community development for a balanced rural-urban growth, for identification of prime agriculture producing areas that should be protected, and for use in protecting the quality of the environment, the Secretary of Agriculture is directed to carry out a land inventory and monitoring program to include, but not be limited to. studies and surveys of erosion and sediment damages, flood plain identification and utilization, land use changes and tr-ends, and degradation of the environment resulting from impropei- use of soil, water, and r-elated resources. The Secretary shall issue at not less than five-year intervals a land inventory report reflecting soil, water, and related I'esource conditions. TITLE IV — R U R A L COMMUNTrY F I R E PROTECTION -tOl. AVILDFIRE PROTECTION ASSISTANCE.—In order to shield human and natural resources, financial investments, and environmental (juality from losses due to wildfires in unprotected or poorly protected rural areas there is a need to strengthen and synergize Federal, State, and local efforts to establish an adequate protection capability wherever the lives and property of Americans are endangered by wildfire in rural communities and areas. The Congress hereby finds that inade(|uate fire protection and the resultant threat of substantial losses of life and property is a significant deterrent to the investment of the laboi' and capital needed to help revitalize rural America, and thai well-organized, equipped, and trained firefighting forces are needed in many rural areas to encourage and safeguard public and private investments in the improvement and development of areas of rural America where organized protection against losses from wildfire is lacking or inadequate. To this end, the Secretary of Agriculture is authorized and directed to provide financial, technical, and other assistance to State foresters or other appropriate officials of the several States in cooperative efforts to organize, train, and equip local forces, including those of Indian tribes on Federal and State reservations or other federally recognized Indian tribal groups to prevent, control, and suppress wildfires threatening human life, livestock, wildlife, crops, pastures, orchards, rangeland, woodland, farmsteads, or other improvements, and other values in rural areas as defined in section
 * }06(a)(7) of the Consolidated Farm and Rural Development Act.

gj-Q^ 402. ]MATCiriNG.—The Secretary shall carry out this title in accordance with cooperativ^e agreements, made with appropriate State officials, vv'hich include such terms and conditions as the Secretary deems necessary to achieve the purposes of this title. No such agreement shall provide for financial assistance by the Secretary under SEC.

Ante. p. 659. Cooperative sfate^^fficlaTs.

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