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" (3) Data relied upon by the Board and the xVdministrator in determining that a vehicle is a certified low-emission vehicle shall be incorporated in any contract for the procurement of such vehicle. " (f) The procuring agency shall be required to purchase available certified low-emission vehicles which are eligible for purchase to the extent they are available before purchasing any other vehicles for which any low-emission vehicle is a certified substitute. I n making purchasing selections between competing eligible certified low-emission vehicles, the procuring agency shall give priority to (1) any class or model which does not require extensive periodic maintenance to retain its low-polluting qualities or which does not require the use of fuels which are more expensive than those of the classes or models of vehicles for which it is a certified substitute; and (2) passenger vehicles other than buses. " (g) For the purpose of procuring certified low-emission vehicles any statutory price limitations shall be waived. " (h) The Administrator shall, from time to time as the Board deems appropriate, test the emissions from certified low-emission vehicles purchased by the Federal Government. If at any time he finds that the emission rates exceed the rates on which certification under this section was based, the Administrator shall notify the Board. Thereupon the Board shall give the supplier of such vehicles written notice of this finding, issue public notice of it, and give the supplier an opportunity to make necessary repairs, adjustments, or replacements. If no such repairs, adjustments, or replacements are made within a period to be set by the Board, the Board may order the supplier to show cause why the vehicle involved should be eligible for recertification. "(i) There are authorized to be appropriated for paying additional amounts for motor vehicles pursuant to, and for carrying out the provisions of, this section, $5,000,000 for the fiscal year ending June 30, 1971, and $25,000,000 for each of the two succeeding fiscal years. " (j) The Board shall promulgate the procedures required to implement this section within one hundred and eighty days after the date of enactment of the Clean A i r Amendments of 1970." (d)(1) Paragraph (1) of section 213 of the Clean Air Act (as so redesignated by section 8) is amended by inserting "202," immediately before "203,". (2) Paragraph (3) of such section 213 is amended by striking out "The" and inserting in lieu thereof "Except with respect to vehicles or engines imjDorted or offered for importation, the"; and by adding before the period at the end thereof "; and with respect to imported vehicles or engines, such terms mean a motor vehicle and engine, respectively, manufactured after the effective date of a regulation issued under section 202 which is applicable to such vehicle or engine (or which would be applicable to such vehicle or engine had it been manufactured for importation into the United States)".

1703

Tests.

Appropriations.

Ante,

p. 1694.

Ante,

p. 1690,,

E M I S S I O N STANDARDS FOR AIRCRAFT

SEC. 11. (a)(1) Title II of the Clean Air Act is amended by adding at the end thereof the following new part:

81 Stat. 4 9 9. 42 USC 1857f"l.

" P A R T B—^AIRCRAFT EMISSION STANDARDS "ESTABLISHMENT OF STANDARDS

"SEC. 231. (a)(1) Within 90 days after the date of enactment of the Clean A i r Amendments of 1970, the Administrator shall commence a study and investigation of emissions of air pollutants from aircraft in order to determine—

Study.

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Report, publication.

Hearings.

Regulations.

Effective date.

[84

STAT.

" (A) the extent to which such emissions affect air quality in air quality control regions throughout the United States, and " (B) the technological feasibility of controlling such emissions. "(2) Within 180 days after commencing such study and investigation, the Administrator shall publish a report of such study and investigation and shall issue proposed emission standards applicable to emissions of any air pollutant from any class or classes of aircraft or aircraft engines which in his judgment cause or contribute to or are likely to cause or contribute to air pollution which endangers the public health or welfare. "(3) The Administrator shall hold public hearings with respect to such proposed standards. Such hearings shall, to the extent practicable, be held in air quality control regions which are most seriously affected by aircraft emissions. Within 90 days after the issuance of such proposed regulations, he shall issue such regulations with such modifications as he deems appropriate. Such regulations may be revised from time to time. " (b) Any regulation prescribed under this section (and any revision thereof) shall take effect after such period as the Administrator finds necessary (after consultation with the Secretary of Transportation) to permit the development and application of the requisite technology, giving appropriate consideration to the cost of compliance within such period. "(c) Any regulations under this section, or amendments thereto, with respect to aircraft, shall be prescribed only after consultation with the Secretary of Transportation in order to assure appropriate consideration for aircraft safety. " ENFORCEMENT OF STANDARDS

Regulations.

72 Stat. 49 USC note. 80 Stat. 49 USC note.

731. 1301 931. 1651

Certificate holder, notice and appeal rights.

Exception.

"SEC. 232: (a) The Secretary of Transportation, after consultation with the Administrator, shall prescribe regulations to insure compliance with all standards prescribed under section 231 by the Administrator. The regulations of the Secretary of Transportation shall include provisions making such standards applicable in the issuance, amendment, modification, suspension, or revocation of any certificate authorized by the Federal Aviation Act or the Department of Transportation Act. Such Secretary shall insure that all necessary inspections are accomplished, and, may execute any power or duty vested in him by any other provision of law in the execution of all powers and duties vested in him under this section. "(b) I n any action to amend, modify, suspend, or revoke a certificate in which violation of an emission standard prescribed under section 231 or of a regulation prescribed under subsection (a) is at issue, the certificate holder shall have the same notice and appeal rights as are prescribed for such holders in the Federal Aviation Act of 1958 or the Department of Transportation Act, except that in any appeal to the National Transportation Safety Board, the Board may amend, modify, or revoke the order of the Secretary of Transportation only if it finds no violation of such standard or regulation and that such amendment, modification, or revocation is consistent with safety in air transportation. 'STATE STANDARDS AND CONTROLS

"SEC. 233. No State or political subdivision thereof may adopt or attempt to enforce any standard respecting emissions of any air pollutant from any aircraft or engine thereof unless such standard is identical to a standard applicable to such aircraft under this part.

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


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1705

IIDEFINITIONS

"SEC. ^34. Terms used in this part (other than Administrator) shall have the same meaning as such terms have under section 101 of the Federal Aviation Act of 1958." (2) Title II of the Clean Air Act is amended— (A) by striking out "this title" wherever it appears in sections 202 through 213 and inserting in lieu thereof "this part "; (B) by striking out " TITLE II " in the heading for section 213 (as so redesignated by section 8 of this Act) and inserting in lieu thereof " P A E T A "; (C) by amending the heading for title II to read as follows: " TITLE II — E M I S S I O N S T A N D A K D S F O K MOVING S O U R C E S "; and (D) by inserting after section 201 the following:

J2 stau 73j. ^"'^' P- ^^9° Ante,

p. 1694.

81 Stat. 499. 42 USC 1857f-l.

"PART A—MOTOR VEHICLE. EMISSION AND F U E L STANDARDS".

(b)(1) Section 601 of the Federal Aviation Act of 1958 (49 U.S.C. 1421) is amended by adding at the end thereof the following new subsection: "AVIATION FUEL

72 Stat. 775.

STANDARDS

" (d) The Administrator shall prescribe, and from time to time revise, regulations (1) establishing standards governing the composition or the chemical or physical properties of any aircraft fuel or fuel additive for the purpose of controlling or elimmating aircraft emissions which the Administrator of the Environmental Protection Agency (pursuant to section 231 of the Clean Air Act) determines endanger the public health or welfare, and (2) providing for the implementation and enforcement of such standards." (2) Section 610(a) of such Act (49 U.S.C. 1430(a)) is amended by striking out "and" at the end of paragraph (7); by striking out the period at the end of paragraph (8) and inserting in lieu thereof "; and" and by adding after paragraph (8) the following new paragraph: "(9) For any person to manufacture, deliver, sell, or offer for sale, any aviation fuel or fuel additive in violation of any regulation prescribed under section 601(d)." (3) That portion of the table of contents contained in the first section of the Federal Aviation Act of 1958 which appears under the side heading

^"'^' P* ^^°^-

"Sec. 601. General Safety Powers and Duties."

is amended by adding at the end thereof the following: "(<J) Aviation fuel standards.". GENERAL PROVISIONS

SEC. 12. (a) The Clean Air Act is amended by redesignating sections 303 through 310 as sections 310 through 317, and by inserting after ^i use f°^"i. section 302 the following new sections: i8S7Z. ^' u E M E R G E N C Y POWERS

"SEC. 303. Notwithstanding any other provision of this Act, the Administrator, upon receipt of evidence that a pollution source or combination of sources (including moving sources) is presenting an imminent and substantial endangerment to the health of persons, and that appropriate State or local authorities have not acted to abate such sources, may bring suit on behalf of the United States in the appropriate United States district court to immediately restrain any person

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[84 STAT.

causing or contributing to the alleged pollution to stop the emission of air pollutants causing or contributing to such pollution or to take such other action as may be necessary. "CITIZEN SUITS

Jurisdiction.

Ante, p. 1685. Ante, p. 1686.

28 USC app.

Definition.

"SEC. 304. (a) Except as provided in subsection (b), any person may commence a civil action on his own behalf— "(1) against any person (including (i) the United States, and (ii) any other governmental instrumentality or agency to the extent permitted by the Eleventh Amendment to the Constitution) who is alleged to be in violation of (A) an emission standard or limitation under this Act or (B) an order issued by the Administrator or a State with respect to such a standard or limitation, or "(2) against the Administrator where there is alleged a failure of the Administrator to perform any act or duty under this Act which is not discretionary with the Administrator. The district courts shall have jurisdiction, without regard to the amount in controversy or the citizenship of the parties, to enforce such an emission standard or limitation, or such an order, or to order the Administrator to perform such act or duty, as the case may be. "(b) No action may be commenced— "(1) under subsection (a)(1) — " (A) prior to 60 days after the plaintiff has given notice of the violation (i) to the'Administrator, (ii) to the State in which the violation occurs, and (iii) to any alleged violator of the standard, limitation, or order, or " (B) if the Administrator or State has commenced and is diligently prosecuting a civil action in a court of the United States or a State to require compliance with the standard, limitation, or order, but in any such action in a court of the United States any person may intervene as a matter of right. " (2) under subsection (a)(2) prior to 60 days after the plaintiff has given notice of such action to the Administrator, except that such action may be brought immediately after such notification in the case of an action under this section respecting a violation of section 1 1 2 (c)(1)(B) or an order issued by the Administrator pursuant to section 113(a). Notice under this subsection shall be given in such manner as the Administrator shall prescribe by regulation. "(c)(1) Any action respecting a violation by a stationary source of an emission standard or limitation or an order respecting such standard or limitation may be brought only in the judicial district in which such source is located. "(2) I n such action under this section, the Administrator, if not a party, may intervene as a matter of right. " (d) The court, in issuing any final order in any action brought pursuant to subsection (a) of this section, may award costs of litigation (including reasonable attorney and expert witness fees) to any party, whenever the court determines such award is appropriate. The court may, if a temporary restraining order or preliminary injunction is sought, require the filing of a bond or equivalent security in accordance with the Federal Rules of Civil Procedure. "(e) Nothing in this section shall restrict any right which any person (or class of persons) may have under any statute or common law to seek enforcement of any emission standard or limitation or to seek any other relief (including relief against the Administrator or a State agency). " (f) For purposes of this section, the term 'emission standard or limitation under this Act' means— "(1) a schedule or timetable of compliance, emission limitation, standard of performance or emission standard, or

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1707

"(2) a control or prohibition respecting a motor vehicle fuel or fuel additive, which is in effect under this Act (including a requirement applicable by reason of section 118) or under an applicable implementation plan.

Ante,

p. 1689.

"APPEARANCE

"SEC. 305. The Administrator shall request the Attorney General to appear and represent him in any civil action instituted under this Act to which the Administrator is a party. Unless the Attorney General notifies the Administrator that he will appear in such action within a reasonable time, attorneys appointed by the Administrator shall appear and represent him. "FEDERAL PROCUREMENT

"SEC. 306. (a) No Federal agency may enter into any contract with any person vAio is convicted of any offense under section 113(c)(1) for the procurement of goods, materials, and services to perform such contract at any facility at which the violation which gave rise to such conviction occurred if such facility is owned, leased, or supervised by such person. The prohibition in the preceding sentence shall continue until the Administrator certifies that the condition giving rise to such a conviction has been corrected. " (b) The Administrator shall establish procedures to provide all Federal agencies with the notification necessary for the purposes of subsection (a). "(c) I n order to implement the purposes and policy of this Act to protect and enhance the quality of the Nation's air, the President shall, not more than 180 days after enactment of the Clean Air Amendments of 1970 cause to be issued an order (1) requiring each Federal agency authorized to enter into contracts and each Federal agency which is empowered to extend Federal assistance by way of grant, loan, or contract to effectuate the purpose and policy of this Act in such contracting or assistance activities, and (2) setting forth procedures, sanctions, penalties, and such other provisions, as the President determines necessary to carry out such requirement. " (d) The President may exempt any contract, loan, or grant from all or part of the provisions of this section where he determines such exemption is necessary in the paramount interest of the United States and he shall notify the Congress of such exemption. "(e) The President shall annually report to the Congress on measures taken toward implementing the purpose and intent of this section, including but not limited to the progress and problems associated with implementation of this section. GENERAL

PROVISION

RELATING TO ADMINISTRATIVE J U D I C I A L REVIEW

PROCEEDINGS

Ante, p. 1687.

Federal agency contracts.

Presidential procedures, etc.

Exemptions, notification to Congress.

Report to Congress.

AND

"SEC. 307. (a)(1) I n connection with any determination under section 110(f) or section 202(b)(5), or for purposes of obtaining information under section 202(b)(4) or 210(c)(4), the Administrator may issue subpenas for the attendance and testimony of witnesses and the production of relevant papers, books, and documents, and he may administer oaths. Except for emission data, upon a showing satisfactory to the Administrator by such owner or operator that such papers, books, documents, or information or particular part thereof, if made public, would divulge trade secrets or secret processes of such owner or operator, the Administrator shall consider such record, report, or information or particular portion thereof confidential in accordance with the purposes of section 1905 of title 18 of the United States Code,

Ante, 1691.

p p. 168i

62 Stat. 7 9 1.

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 1708

Ante, p. 1690.

Petition for Ante, p. 1685.

Ante, p p. 1698, 1703. Ante, p. 1680. Filing.

Additional evidence.

PUBLIC LAW 91-604-DEC. 31, 1970

[84 STAT.

except that such paper, book, document, or information may be disclosed to other officers, employees, or authorized representatives of the United States concerned with carrying out this Act, to persons carrying out the National Academy of Sciences' study and investigation provided for in section 202(c), or when relevant in any proceeding under this Act. Witnesses summoned shall be paid the same fees and mileage that are paid witnesses in the courts of the United States. In case of contumacy or refusal to obey a subpena served upon any person under this subparagraph, the district court of the United States for any district in which such person is found or resides or transacts business, upon application by the United States and after notice to such person, shall have jurisdiction to issue an order requiring such person to appear and give testimony before the Administrator to appear and produce papers, books, and documents before the Administrator, or both, and any failure to obey such order of the court may be punished by such court as a contempt thereof. "(b)(1) A petition for review of action of the Administrator in promulgating any national primary or secondary ambient air quality standard, any emission standard under section 112, any standard of performance under section 111, any standard under section 202 (other than a standard required to be prescribed under section 202(b)(1)), any determination under section 202(b)(5), any control or prohibition under section 211, or any standard under section 231 may be filed only in the United States Court of Appeals for the District of Columbia. A petition for review of the Administrator's action in approving or promulgating any implementation plan under section 110 or section 111 (d) may be filed only in the United States Court of Appeals for the appropriate circuit. Any such petition shall be filed within 30 days from the date of such promulgation or approval, or after such date if such petition is based solely on grounds arising after such 30th day. "(2) Action of the Administrator with respect to which review could have been obtained under paragraph (1) shall not be subject to judicial review in civil or criminal proceedings for enforcement. "(c) I n any judicial proceeding in which review is sought of a determination under this Act required to be made on the record after notice and opportunity for hearing, if any party applies to the court for leave to adduce additional evidence, and shows to the satisfaction of the court that such additional evidence is material and that there were reasonable grounds for the failure to adduce such evidence in the proceeding before the Administrator, the court may order such additional evidence (and evidence in rebuttal thereof) to be taken before the Administrator, in such manner and upon such terms and conditions as to the court may deem proper. The Administrator may modify his findings as to the facts, or make new findings, by reason of the additional evidence so taken and he shall file such modified or new findings, and his recommendation, if any, for the modification or setting aside of his original determination, with the return of such additional evidence. 'MANDATORY

LICENSING

"SEC. 308. Whenever the Attorney General determines, upon application of the Administrator—• "(l)that— " (A) in the implementation of the requirements of section 111, 112, or 202 of this Act, a right under any United States letters patent, which is being used or intended for public or commercial use and not otherwise reasonably available, is necessary to enable any person required to comply with such limitation to so comply, and

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PUBLIC LAW 91-604-DEC. 31, 1970

" (B) there are no reasonable alternative methods to accomplish such purpose^ and "(2) that the unavailability of such right may result in a substantial lessening of competition or tendency to create a monopoly in any line of commerce in any section of the country, the Attorney General may so certify to a district court of the United States, which may issue an order requiring the person who owns such patent to license it on such reasonable terms and conditions as the court, after hearing, may determine. Such certification may be made to the district court for the district in which the person owning the patent resides, does business, or is found. ((P O L I C Y

1709

Patent ucensitig.

REVIEW

"SEC. 309. (a) The Administrator shall review and comment in writing on the environmental impact of any matter relating to duties and responsibilities granted pursuant to this Act or other provisions of the authority of the Administrator, contained in any (1) legislation proposed by any Federal department or agency, (2) newly authorized Federal projects for construction and any major Federal agency action (other than a project for construction) to which section 102(2) (C) of Public Law 91-190 applies, and (3) proposed regulations published by any department or agency of the Federal Government. Such written comment shall be made public at the conclusion of any such review. "(b) I n the event the Administrator determines that any such legislation, action, or regulation is unsatisfactory from the standpoint of public health or welfare or environmental quality, he shall publish his determination and the matter shall be referred to the Council on Environmental Quality."

83 Stat. 853. 42 USC 4332.

APPROPRIATIONS

SEC. 13. (a) Section 104(c) of the Clean Air Act is amended to read 83*stat!*28?^' as follows: 42 USC is'sTb-i. "(c) For the purposes of this section there are authorized to be appropriated $75,000,000 for the fiscal year ending June 30, 1971, $125,000,000 for the fiscal year ending June 30, 1972, and $150,000,000 for the fiscal year ending June 30, 1973. Amounts appropriated pursuant to this subsection shall remain available until expended." (b) Section 316 of the Clean Air Act (as redesignated by section 12 Ante, p. 1705. of this Act) is amended to read as follows: II

APPROPRIATIONS

"SEC. 316. There are authorized to be appropriated to carry out this Act, other than sections 103(f)(3) and (d), 104, 212, and 403, ^"'«' PP- i^^e, $125,000,000 for the fiscal year ending June 30, 1971, $225,000,000 for ^^pLt. p. mo the fiscal year ending June 30, 1972, and $300,000,000 for the fiscal year ending June 30, 1973." SEC. 14. The Clean Air Act is amended by adding at the end thereof a new title to read as follows: "TITLE IV—NOISE POLLUTION "SEC. 401. This title may be cited as the 'Noise Pollution and Abatement Act of 1970'. "SEC. 402. (a) The Administrator shall establish within the Environmental Protection Agency an Office of Noise Abatement and Control,

citation of title.

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Page:Earle, Does Price Fixing Destroy Liberty, 1920, 128.jpg

128 up by leaps and bounds, as output decreases. 3. What are the increases in cost price going to be? We know that labor has advanced from fifteen cents to fifty-five cents an hour. We know that coal has advanced from two and one-half dollars a ton to sixteen and one-half dollars, and raw sugars have mounted from $.0327½ to $.2462 per pound. One hundred per cent. advance in price for this commodity, therefore, is really very insignificant. We know that some sum must be allowed to stimulate improvement, inventive genius and production, if the present scarcity is not to continue. At what sum are enterprising business men to be permitted to fix that item, without inviting ruin and a loss of their freedom and consequent usefulness? 4. We know it is vital that, if these improvements in plant are stimulated, an enormous amount of property must be discarded and scrapped in order that the public may receive the benefit. As an instance of this constant occurrence by reason of an improvement in the filters used in refineries, sugar plants are scrapping a very expensive portion of their machinery. What sum are they to determine, in advance of unknowable inventions which should be applied for this purpose? 5. All men who have given any attention to economic thought know that risk taking in trade constitutes the chief difference between business men and wage workers. Without it, the world would never have reached its present necessary production. What is the proper sum to be allowed in any or all cases to provide for this most essential element? 6. And what sums are to be charged, not merely for the losses of the past, but for the losses of the future? We start with the advantage, in this respect, that hope so predominates over fear that this sum is rarely, if ever, estimated in sufficiently large amount. 7. What sums should be allowed for the losses


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Report to President and Congress.

Appropriation.

PUBLIC LAW 91-604-DEC. 31, 1970

[84 STAT.

and shall carry out through such Office a full and complete investigation and study of noise and its effect on the public health and welfare in order to (1) identify and classify causes and sources of noise, and (2) determine— "'(A) effects at various levels; " (B) projected growth of noise levels in urban areas through the year 2000; " (C) the psychological and physiological effect on humans; " (D) effects of sporadic extreme noise (such as jet noise near airports) as compared with constant noise; " (E) effect on wildlife and property (including values); " (F) effect of sonic booms on property (including values); and " (G) such other matters as may be of interest in the public welfare. " (b) I n conducting such investigation, the Administrator shall hold public hearings, conduct research, experiments, demonstrations, and studies. The Administrator shall report the results of such investigation and study, together with his recommendations for legislation or other action, to the President and the Congress not later than one year after the date of enactment of this title. "(c) I n any case where any Federal department or agency is carrying out or sponsoring any activity resulting in noise which the Administrator determines amounts to a public nuisance or is otherwise objectionable, such department or agency shall consult with the Administrator to determine possible means of abating such noise. "SEC. 403. There is authorized to be appropriated such amount, not to exceed $30,000,000, as may be necessary for the purposes of this title." TECHNICAL AND CONEORMING AMENDMENTS

81 Stat. 504. 42 USC 1857h. "Air pollutant."

42 USC 1857b.

74 Stat. 33. 42 USC 212. 42 USC 4321 note.

SEC. 15. (a)(1) Section 302 of the Clean Air Act is amended by striking out subsection (g) and inserting in lieu thereof the following: " (g) The term 'air pollutant' means an air pollution agent or combination of such agents. " (h) All language referring to effects on welfare includes, but is not limited to, effects on soils, water, crops, vegetation, manmade materials, animals, wildlife, weather, visibility, and climate, damage to and deterioration of property, and hazards to transportation, as well as effects on economic values and on personal comfort and well-being." (2) Section 103(c) of the Clean Air Act is amended by striking out "air pollution agents (or combinations of agents)" and inserting in lieu thereof "air pollutants". (b)(1) Subject to such requirements as the Civil Service Commission may prescribe, any commissioned officer of the Public Health Service (other than an officer who retires under section 211 of the Public Health Service Act after his election but prior to his transfer pursuant to this paragraph and paragraph (2)) who, upon the day before the effective date of Reorganization Plan Numbered 3 of 1970 (hereinafter in this subsection referred to as the "plan"), is serving as such officer (A) primarily in the performance of functions transferred by such plan to the Environmental Protection Agency or its Administrator (hereinafter in this subsection referred to as the "Agency" and the "Administrator", respectively), may, if such officer so elects, acquire competitive status and be transferred to a competitive position in the Agency; or (B) primarily in the performance of Junctions determined by the Secretary of Health, Education, and Welfare (hereinafter in this subsection referred to as the "Secretary") to be materially related to the functions so transferred, may, if authorized by agreement between the Secretary and the Administrator, and if such officer so elects, acquire such status and be so transferred.

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1711

(2) An election pursuant to paragraph (1) shall be effective only if made in accordance with such procedures as may be prescribed by the Civil Service Commission (A) before the close of the 24th month after the effective date of the plan, or (B) in the case of a commissioned officer who would be liable for training and service under the Military Selective Service Act of 1967 but for the operation of section 6(b)(3) thereof sj J'|^- ^^oo. (50 U.S.C. App. 456(b)(3)), before (if it occurs later than the close 451. ^^^' of such 24th month) the close of the 90th day after the day upon which 69 Stat. 224. he has completed his 24th month of service as such officer. (3)(A) Except as provided in subparagraph (B), any commissioned officer of the Public Health Service who, pursuant to paragraphs (1) and (2), elects to transfer to a position in the Agency which is subject to chapter 51 and subchapter III of chapter 63 of title 5, United States Code (hereinafter in this subsection referred to as the "transferring g^u^'c^sfof' officer"), shall receive a pay rate of the General Schedule grade of such 5331. position which is not less than the sum of the following amounts com- ^"'^' P- i^s-i. puted as of the day preceding the date of such election: (i) the basic pay, the special pay, the continuation pay, and the subsistence and quarters allowances, to which he is annually entitled as a commissioned officer of the Public Health Service 76 Stat, 451. pursuant to title 37, United States Code; 37 USC 101. (ii) the amount of Federal income tax, as determined by estimate of the Secretary, which the transferring officer, had he remained a commissioned officer, would have been required to pay on his subsistence and quarters allowances for the taxable year then current if they had not been tax free; (iii) an amount equal to the biweekly average cost of the coverages designated "high option, self and family" under the Government-wide Federal employee health benefits program plans, multiplied by twenty-six; and (iv) an amount equal to 7 per centum of the sum of the amounts determined under clauses (i) through (iii), inclusive. (B) A transferring officer shall in no event receive, pursuant to subparagraph (A), a pay rate in excess of the maximum rate applicable under the General Schedule to the class of position, as established under chapter 51 of title 5, United States Code, to which such officer is transferred pursuant to paragraphs (1) and (2). (4)(A) A transferring officer shall be credited, on the day of his transfer pursuant to his election under paragraphs (1) and (2), with one hour of sick leave for each week of active service, as defined by section 211(d) of the Public Health Service Act. 74 Stat. 34. (B) The annual leave to the credit of a transferring officer on the '^^ ^^^ ^^^' day before the day of his transfer, shall, on such day of transfer, be transferred to his credit in the Agency on an adjusted basis under regulations prescribed by the Civil Service Commission. The portion of such leave, if any, that is in excess of the sum of (i) 240 hours, and (ii) the number of hours that have accrued to the credit of the transferring officer during the calendar year then current and which remain unused, shall thereafter remain to his credit until used, and shall be reduced in the manner described by subsection (c) of section 6304 of title 5, United States Code. . . ^° ^'^'' ^^^ (5) A transferring officer who is required to change his official station as a result of his transfer under this subsection shall be paid such travel, transportation, and related expenses and allowances, as would be provided pursuant to subchapter II of chapter 57 of title 5, United 500. States Code, in the case of a civilian employee so transferred in the 80ustat.5721. 5 se interest of the Government. Such officer shall not (either at the time of such transfer or upon a subsequent separation from the competitive service) be deemed to have separated from, or changed permanent

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 1712 76 Stat. 472; 83 Stat. 840.

68 Stat. 736. ^°y|*^*g 592.

5*u??83o/• 74 Stat. 34,' 42 USC 212,

81^states33!^^' 42 USC 401.

80 s^'^t;564. 5 USC 8331.

81 Stat. 101.

PUBLIC LAW 91-604-DEC. 31, 1970

[84 STAT.

station within, a uniformed service for purposes of section 404 of title 37, United States Code. (6) Each transferring officer who prior to January 1, 1958, was insured pursuant to the Federal Employees' Group Life Insurance Act of 1954, aud who subsequently waived such insurance, shall be entitled to become insured under chapter 87 of title 5, United States Code, upon his transfer to the Agency regardless of age and insurability. (7)(A) Effective as of the date a transferring officer acquires competitive status as an employee of the Agency, there shall be considered as the civilian service of such officer for all purposes of chapter 83, title ^' U^i^^^ States Code, (i) his active service as defined by section 211(d) of the Public Health Service Act, or (ii) any period for which he would have been entitled, upon his retirement as a commissioned officer of the Public Health Service, to receive retired pay pursuant to section 2 1 1 (a)(4)(B) of such Act; however, no transferring officer may become entitled to benefits under both subchapter III of such chapter and title II of the Social Security Act based on service as such a commissioned officer performed after 1956, but the individual (or his survivors) may irrevocably elect to waive benefit credit for the service under one such law to secure credit under the other. (B) A transferring officer on whose behalf a deposit is required to be made by subparagraph (C) and who, after transfer to a competitive position in the Agency under paragraphs (1) and (2), is separated from Federal service or transfers to a position not covered by subchapter III of chapter 83 of title 5, United States Code, shall not be entitled, nor shall his survivors be entitled, to a refund of any amount deposited on his behalf in accordance with this section. I n the event he transfers, after transfer under paragraphs (1) and (2), to a position covered by another Government staff requirement system under which credit is allowable for service with respect to which a deposit is required under subparagraph (C), no credit shall be allowed under such subchapter III with respect to such service. (C) The Secretary shall deposit in the Treasury of the United States to the credit of the Civil Service Retirement and Disability Fund, on behalf of and to the credit of such transferring officer, an amount equal to that which such individual would be required to deposit in such fund to cover the years of service credited to him for purposes of his retirement under subparagraph (A), had such service been service as an employee as defined in section 8331(1) of title 6, United States Code. The amount so required to be deposited with respect to any transferring officer shall be computed on the basis of the sum of each of the amounts described in paragraph (3)(A) which were received by, or accrued to the benefit of, such officer during the years so credited. The deposits which the Secretary is required to make under this subparagraph with respect to any transferring officer shall be made within two years after the date of his transfer as provided in paragraphs (1) and (2), and the amounts due under this s u b p a r a ^ a p h shall include interest computed from the period of service credited to the date of payment in accordance with section 8334(e) of title 5, United States Code. (8)(A) A commissioned officer of the Public Health Service who, upon the day before the effective date of the plan, is on active service therewith primarily assigned to the performance of functions described in paragraph (1)(A), shall, while he remains in active service, as defined by section 211(d) of the Public Health Service Act, be assigned to the performance of duties with the Agency, except as the Secretary and the Administrator may jointly otherwise provide. (B) Paragraph (2) of section 6(a) of the Military Selective Service Act of 1967 (50 U.S.C. App. 456(a)(2)) is amended by inserting "the Environmental Protection Agency," after "Department of Justice,".

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 PUBLIC LAW 91-605-DEC. 31, 1970

84 STAT. ]

1713

(c)(1) Section 302(a) of the Clean Air Act is amended to read as follows: " (a) The term 'Administrator' means the Administrator of the Environmental Protection Agency." (2) The Clean Air Act is amended by striking out "Secretary" wherever it appears (except in reference to the Secretary of a department other than the Department of Health, Education, and Welfare) and inserting in lieu thereof "Administrator"; by striking out "Secretary of Health, Education, and Welfare" wherever it appears, and inserting in lieu thereof "Administrator"; and by striking out "Department of Health, Education, and Welfare" wherever it appears, and inserting in lieu thereof "Environmental Protection Agency".

8 1 Stat. 504. 42 1857h,

use

"Administrator.»» 42

use

1857

note

SAVINGS PROVISIONS

SEC. 16. (a)(1) Any implementation plan adopted by any State and submitted to the Secretary of Health, Education, and Welfare, or to the Administrator pursuant to the Clean Air Act prior to enactment of this Act may be approved under section 110 of the Clean Air Act (as amended by this Act) and shall remain in effect, unless the Administrator determines that such implementation plan, or any portion thereof, is not consistent with the applicable requirements of the Clean Air Act (as amended by this Act) and will not provide for the attainment of national primary ambient air quality standards in the time required by such Act. If the Administrator so determines, he shall, within 90 days after promulgation of any national ambient air quality standards pursuant to section 109(a) of the Clean Air Act, notify the State and specify in what respects changes are needed to meet the additional requirements of such Act, including requirements to implement national secondary ambient air quality standards. If such changes are not adopted by the State after public hearings and within six months after such notification, the Administrator shall promulgate such changes pursuant to section 110(c) of such Act. (2) The amendments made by section 4(b) shall not be construed as repealing or modifying the powers of the Administrator with respect to any conference convened under section 108(d) of the Clean Air Act before the date of enactment of this Act. (b) Regulations or standards issued under title II of the Clean Air Act prior to the enactment of this Act shall continue in effect until revised by the Administrator consistent with the purposes of such Act. Approved December 31, 1970.

Ante,

p. 1680.

Ante,

p. 1679.

Ante,

p. 1678.

81 Stat. 499. 42 USC 1857f-l,

Public Law 91-605 AN ACT December 31, 1970

To authorize appropriations for the construction of certain highways in accordance with title 23 of the United States Code, and for other purposes.

Be it enacted by the Senate and Ilmise of Representatives United States of America In Congress assembled. •'

.

7

[H. R. 19504]

of the

3

'T'TnnT "pi T J.iXX-<J!j J.

SHORT TITLE

SEC. 101. This title may be cited as the "Federal-Aid Hiffhwav Act of 1970".

Highway construction and safety. Appropriation authorization.

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 1714

PUBLIC LAW 91^05-DEC. 31, 1970

[84 STAT.

R E \ ' I S I O N OF AUTHORIZATION OF APPROPRIATIONS FOR I N T E R S T A T E SYSTEM

82 Stat. 815. ^^23 USC 101

SEC. 102. Subsection (b) of section 108 of the Federal-Aid Highway Act of 1956, as amended, is amended by striking out "and the addi^-^j^^j sum of $2,225,000,000 for the fiscal year ending June 30, 1974" and inserting in lieu thereof the following: "the additional sum of $4,000,0(X),000 for the fiscal year ending June 30, 1974, the additional sum of $4,000,000,000 for the fiscal year ending June 30, 1975, and the additional sum of $4,000,000,000 for the fiscal year ending June 30, 1976". AUTHORIZATION O F USE OF COST E S T I M A T E FOR A P P O R T I O N M E N TO F INTERSTATE FUNDS

SEC. 103. The Secretary of Transportation is authorized to make the apportionment for the fiscal years ending June 30, 1972, and June 30, 1973, of the sums authorized to be appropriated for such years for expenditures on the National System of Interstate and Defense Highways, using the apportionment factors contained in revised table 5, House Document Numbered 91-317. E X T E N S I O N OF T I M E FOR C O M P L E T I O N OF SYSTEM

82 Stat. 816.

Estimates, congJ^^sl!^ *°

SEC. 104. (a) The second paragraph of section 101(b) of title 23, United States Code, is amended by striking out "eig:hteen years" and inserting in lieu thereof "twenty years" and by striking out "June 30, 1974" and inserting in lieu thereof "June 30, 1976". (b)(1) The introductory phrase and the second and third sentences of section 104(b)(5) of title 23, United States Code, are amended by striking out "1974" each place it appears and inserting in lieu thereof at each such place "1976". (2) Such section 104(b)(5) is further amended by striking out the two sentences preceding the last sentence and inserting in lieu thereof the following I "The Secretary shall make a revised estimate of the cost of completing the then designated Interstate System after taking into account all previous apportionments made under this section, in the same manner as stated above, and transmit the same to the Senate and the House of Representatives on April 20, 1970. Upon the approval by the Congress, the Secretary shall use the Federal share of such approved estimate in making apportionments for the fiscal years ending June 30, 1972, and June 30, 1973. The Secretary shall make a revised estimate of the cost of completing the then designated Interstate System after taking into account all previous apportionments made under this section, in the same manner as stated above, and transmit the same to the Senate and the House of Representatives within ten days subsequent to January 2, 1972. Upon the approval by the Congress, the Secretary shall use the Federal share of such approved estimate in making apportionments for the fiscal years ending June 30, 1974, and June 30, 1975. The Secretary shall make a revised estimate of the cost of completing the then designated Interstate System after taking into account all previous apportionments made under this section, in the same manner as stated above, and transmit the same to the Senate and the House of Representatives within ten days subsequent to January 2, 1974. Upon the approval by the Congress, the Secretary shall use the Federal share of such approved estimate in making apportionments for the fiscal year ending June 30, 1976."

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Page:United States Statutes at Large Volume 84 Part 2.djvu/385

 84 STAT. ]

PUBLIC LAW 91-605-DEC. 31, 1970 HIGHWAY

AUTHORIZATIONS

SEC. 105. (a) For the purpose of carrying out the provisions of title 23, United States Code, the following sums are hereby authorized to be appropriated: (1) For the Federal-aid primary system and the Federal-aid secondary system and for their extension within urban areas, out of the Highway Trust Fund, $1,100,000,000 for the fiscal year ending June 30, 1972, and $1,100,000,000 for the fiscal year ending June 30, 1973. The sums authorized in this paragraph for each fiscal year shall be available for expenditure as follows: (A) 45 per centum for projects on the Federal-aid primary highway system; (B) 30 per centum for projects on the Federal-aid secondary highway system; and (C) 25 per centum for projects on extensions of the Federal-aid primary and Federal-aid secondary highway systems in urban areas. (2) For the Federal-aid primary system and the Federal-aid secondary system, exclusive of their extensions in urban areas, out of the Highway Trust Fund, $125,000,000 for the fiscal year ending June 30, 1972, and $125,000,000 for the fiscal year ending June 30, 1973, such sums to be in addition to the sums authorized in paragraph (1) of this subsection. The sums authorized in this paragraph for each fiscal year shall be available for expenditure as follows: (A) 60 per centum for projects on the Federal-aid primary highway system; and (B) 40 per centum for projects on the Federal-aid secondary system. (3) For the Federal-aid urban system, out of the Highway Trust Fund, $100,000,000 for the fiscal year ending June 30, 1972, and $100,000,000 for the fiscal year ending June 30, 1973. (4) For traffic operation projects in urban areas as authorized in section 135 of title 23, United States Code, out of the Highwav Trust Fund, $100,000,000 for the fiscal year ending June 30, 19t2, and $100,000,000 for the fiscal year ending June 30, 1973. (5) For forest highways, out of the Highway Trust Fund, $33,000,000 for the fiscal year ending June 30, 1972, and $33,000,000 for the fiscal year ending June 30, 1973. (6) For public lands highways, out of the Highway Trust Fund, $16,000,000 for the fiscal year ending June 30, 1972, and $16,000,000 for the fiscal year ending June 30, 1973. (7) For forest development roads and trails, $170,000,000 for the fiscal year ending June 30, 1972, and $170,000,000 for the fiscal year ending June 30, 1973. (8) For public lands development roads and trails, $5,000,000 for the fiscal year ending June 30, 1972, and $10,000,000 for the fiscal year ending June 30, 1973.

47-348 O - 72 - 25 (Pt. 2)

1715

72 Stat. 885,

82 Stat. 82o.

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 1716

79 Stat. 1032; 82 Stat. 818.

80 Stat. 7 3 1. 23 USC 4 0 1.

72 Stat. 890; Ante. p. 1714.

Report to Congress.

PUBLIC LAW 91-605-DEC. 31, 1970

(9) For park roads and trails, $30,000,000 for the fiscal year ending June 30, 1973. (10) For parkways, $20,000,000 for the fiscal year ending June 30, 1972, and $20,000,000 for the fiscal year ending June 30, 1973. (11) For Indian reservation roads and bridges, $30,000,000 for the fiscal year eliding June 30, 1972, and $30,000,000 for the fiscal year ending June 30, 1973. (12) For carrying out section 319(b) of title 23, United States Code (relating to landscaping and scenic enhancement), $1,500,000 for fiscal year ending June 30, 1972, and $10,000,000 for fiscal year ending June 30, 1973. (13) For necessary administrative expenses in carrying out section 131, section 136 and section 319(b) of title 23, United States Code, $1,500,000 for the fiscal year ending June 30, 1971, $1,500,000 for the fiscal year ending June 30, 1972, and $3,000,000 for the fiscal year ending June 30, 1973. (14) Nothing in the first eleven paragraphs of this section shall be construed to authorize the appropriation of any sums to carry out section 131,136, 319 (b), or chapter 4 of title 23, United States Code. (b)(1) No State shall receive less than one-half of 1 per centum of the total apportionment for each of the fiscal years 1972 and 1973 under paragraph (5) of subsection (b) of section 104 of title 23, United States Code. In addition.to all other authorizations for the Interstate System for the two fiscal years ending June 30, 1972, and June 30, 1973, there is authorized to be appropriated out of the Highway Trust Fund not to exceed $55,000,000 for each such fiscal year for such System. Such authorization shall be apportioned to each of the States receiving apportionments under section 103 of this Act of less than one-half of 1 per centum for each such fiscal year, so as to ensure that each such State will receive for each such fiscal year an amount equal to one-half of 1 per centum of the total apportionment for each such fiscal year under section 103 of this Act, as required by the first sentence of this paragraph. (2) By January 1, 1972, the Secretary shall report to Congress on his recommendation for the apportionment of funds and matching requirements for work on Federal-aid highways in States which have completed, or are nearing completion, of construction on Interstate System mileage located in their State, and for all States after completion of the Interstate System. FEDERAL-AID U R B A N

72 Stat. 885; Post, p p. 1724, 1732, 1737. "Urbanized area."

"Federal-aid urban s y s t e m. " Post, p. 1717.

"Interstate System."

Infra,

[84 STAT.

SYSTEM

SEC. 106. (a) Subsection (a) of section 101 of title 23, United States Code, is amended as follows: (1) After the definition of the term "Secretary" add the following new paragraph: "The term 'urbanized area' means an area so designated by the Bureau of the Census." (2) After the definition of the term "Federal-aid secondary system" add the following new paragraph: "The term 'Federal-aid urban system' means the Federal-aid highway system described in subsection (d) of section 103 of this title." (3) The definition of the term "Interstate System" is amended to read as follows: "The term 'Interstate System' means the National System of Interstate and Defense Highways described in subsection (e) of section 103 of this title." (b)(1) Subsections (d) and (e) of section 103 of title 23, United States Code, are relettered (e) and (f), respectively, including all ref-

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 84 STAT. ]

PUBLIC LAW 91-605-DEC. 31, 1970

1717

erences thereto, and section 103 is further amended by adding imme- 76^stau\'i4T' diately after subsection (c) the following subsection (d): " (d) The Federal-aid urban system shall be established in each urbanized area. The system shall be so located as to serve the major centers of activity, and designed taking into consideration the highest traffic volume corridors, and the longest trips within such area and shall be selected so as to best serve the goals and objectives of the community as determined by the responsible local officials of such urbanized area based upon the planning process required pursuant to the provisions of section 134 of this title. No route on the Federal-aid urban system shall also be a route on any other Federal-aid system. Each route of the system shall connect with another route on a Federalaid system. Routes on the Federal-aid urban system shall be selected by the appropriate local officials and the State highway departments in cooperation with each other subject to the approval of the Secretary as Ante, provided in subsection (f) of this section. The provisions of chapters 1, Infra, p, 1716, 3, and 5 of this title that are applicable to Federal-aid primary highways shall apply to the Federal-aid urban system except as determined by the Secretary to be inconsistent with this subsection." (2) Relettered subsection (f) of section 103 of title 23, United States Code, is amended by inserting after "the Federal-aid secondary system,'* the following: "the Federal-aid urban system,". (3) Subsection (a) of section 103 of title 23, United States Code, is amended to read as follows: " (a) For the purposes of this title, the four Federal-aid systems, the primary system, the urban system, the secondary system, and the Interstate System, are established and continued pursuant to the provisions of this section." (c)(1) Section 104 of title 23, United States Code, is amended by 7 2 Stat. 889. adding at the end thereof the following: " (f) Not to exceed 50 per centum of the amounts apportioned in accordance with paragraph (3) of subsection (b) of this section may ^7 Stat. 276. be expended for projects on the Federal-aid urban system." (2) Subsection (b) of section 104 of title 23, United States Code, is ^"'«' P- I^M amended by adding at the end thereof the following new paragraph: "(6) For the Federal-aid urban system: " I n the ratio which the population in urbanized areas, or parts thereof, in each State bears to the total population in such urbanized areas, or parts thereof, in all the States as shown by the latest available Federal census." (d) Subsections (d) and (e) of section 105 of title 23, United States Code, are relettered (e) and (f), respectively, including all references ^o ^*®*- ^36. thereto, and section 105 is further amended by adding immediately after subsection (c) a new subsection (d): " (d) In approving programs for projects on the Federal-aid urban system, the Secretary shall require that such projects be selected by the appropriate local officials and the State highway department in cooperation with each other." (e) Subsection (b) of section 106 of title 23, United States Code, is amended to read as follows: " (b) In addition to the approval required under subsection (a) of this section, proposed specifications for projects for construction on (1) the Federal-aid secondary system, except in States where all public roads and highways are under the control and supervision of the State highway department, and (2) the Federal-aid urban system, shall be determined by the State highway department and the appropriate local road officials in cooperation with each other."

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Page:United States Statutes at Large Volume 84 Part 2.djvu/388

 1718 82 Stat. 835; Infra.

82 Stat. 820; Post, 1729.

PUBLIC LAW 91-605-DEC. 31, 1970

[84 STAT.

(f) Subsection (a) of section 120 of title 23, United States Code, is amended by striking out "and the Federal-aid secondary system" and inserting in lieu thereof a comma and the following: "the Federal-aid secondary system, and the Federal-aid urban system". (g) Subsection (b) of section 135 of title 23, United States Code, is amended by inseiting after "urban areas" the following: "and on the Federal-aid urban system". PROHIBITION OF I M P O U N D M E N T OF APPORTIONMENTS A N D DIVERSION OF FUNDS

82 Stat. 822.

SEC. 107. Subsections (c) and (d) of section 101 of title 23, United States Code, are amended to read as follows: "(c) I t is the sense of Congress that under existing law no part of any sums authorized to be appropriated for expenditure upon any Federal-aid system which has been apportioned pursuant to the provisions of this title shall be impounded or withheld from obligation, for purposes and projects as provided in this title, by any officer or employee in the executive branch of the Federal Government, except such specific sums as may be determined by the Secretary of the Treasury, after consultation with the Secretary of Transportation, are necessary to be withheld from obligation for specific periods of time to assure that sufficient amounts will be available in the Highway Trust F u n d to defray the expenditures which will be required to be made from such fund. " (d) No funds authorized to be appropriated from the Highway Trust Fund shall be expended by or on behalf of any Federal department, agency, or instrumentality other than the Federal Highway Administration unless funds for such expenditure are identified and included as a line item in an appropriation Act and are to meet obligations of the United States heretofore or hereafter incurred under this title attributable to the construction of Federal-aid highways or highway planning, research, or development, or as otherwise specifically authorized to be appropriated from the Highway Trust Fund by Federal-aid highway legislation." INCREASED FEDERAL SHARE

72 Stat. 898; 78 Stat. 1090.

Effective date.

SEC. 108. (a) Section 120 of title 23, United States Code, is amended by striking out "50 per centum" each place it appears and inserting in lieu thereof at each such place the following: "70 per centum". (b) The amendments made by subsection (a) of this section shall take effect with respect to authorizations for appropriations for fiscal years beginning after June 30, 1973. EMERGENCY RELIEF

82 Stat. 829.

Supra; Post, pp. 1719, 1731.

SEC. 109. (a) The first sentence of subsection (a) of section 125 of title 23, United States Code, is amended to read as follows: "An emergency fund is authorized for expenditure by the Secretary, subject to the provisions of this section and section 120 of this title, for (1) the repair or reconstruction of highways, roads, and trails which he shall find have suffered serious damage as the result of (A) natural disaster over a wide area such as by floods, hurricanes, tidal waves, earthquakes, severe storms, or landslides, or (B) catastrophic failures from any cause, in any part of the United States, and (2) the repair or reconstruction of bridges which have been permanently closed to all vehicular traffic by the State after December 31, 1967, and prior to December 31, 1970, because of imminent danger of collapse due to structural deficiencies or physical deterioration."

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 84 STAT. ]

PUBLIC LAW 91-605-DEC. 31, 1970

(b) Section 120(f) of title 23, United States Code, is amended by adding before the last sentence thereof the following new sentence: "As used in this section with respect to bridges and in section 144 of this title, 'a comparable facility' shall mean a facility which meets the current geometric and construction standards required for the types and volume of traffic which such facility will carry over its design life."

1719 ^s Stat. 1090. ^°^*' ^' ^^'*^'

TRAINING PROGRAMS

SEC. 110. Section 140 of title 23, United States Code, is amended by ^2 Stat. 826. inserting " (a) " immediately before "Prior" and by adding at the end thereof the following new subsection: "(b) The Secretary, in cooperation with any other department or agency of the Government, State agency, authority, association, institution, corporation (profit or nonprofit), or any other organization or person, is authorized to develop, conduct, and administer highway construction training, including skill improvement programs. Whenever an apportionment is made under subsections 104(b)(1), (b)(2), (b)(3), (b)(5), and (b)(6) of this title of the sums authorized to be 82ltS!'8i6f' appropriated for expenditure upon the Federal-aid primary and sec- Ante, pp. 1714, ondary systems, and their extensions within urban areas, the Inter- ^'^^'^• state System, and the Federal-aid urban system for the fiscal years 1972 and 1973 the Secretary shall deduct such sums as he may deem necessary not to exceed $5,000,000 per fiscal year, for administering the provisions of this subsection to be financed from the appropriation for the Federal-aid systems. Such sums so deducted shall remain available until expended. The provisions of section 3709 of the Revised Statutes, as amended (41 U.S.C. 5), shall not be applicable to contracts and agreements made under the authority herein granted to the Secretary." URBAN HIGHWAY PUBLIC TRANSPORTATION

SEC. 111. (a) Chapter 1 of title 23, United States Code, is amended by adding at the end thereof a new section as follows: "§ 142. Urban highway public transportation " (a) To encourage the development, improvement, and use of public mass transportation systems operating motor vehicles on highways, other than on rails, for the transportation of passengers (hereinafter in this section referred to as 'buses') within urbanized areas so as to increase the traffic capacity of the Federal-aid systems, sums apportioned in accordance with paragraphs (3), (5), and (6) of subsection (b) of section 104 of this title shall be available to finance the Federal share of the costs of projects for the construction of exclusive or preferential bus lanes, highway traffic control devices, bus passenger loading areas and facilities, including shelters, and fringe and transportation corridor parking facilities to serve bus and other public mass transportation passengers. " (b) The establishment of routes and schedules of such public mass transportation systems shall be based upon a continuing comprehensive transportation planning process carried on in accordance with section 134 of title 23, United States Code. "(c) For all purposes of this title, a project authorized by subsection (a) of this section shall be deemed to be a highway project, and, except as provided in subsection (d) of this section, the Federal share payable on account of such project shall be that provided in section 120 of this

82 Stat. 836.

title.

^ " ' ^ ' p- 1718,.

^^^'' "• ^^^r.

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 1720

PUBLIC LAW 91-605-DEC. 31, 1970

[34 STAT.

" (d) Xo project authorized by this section, other than a project for fringe or transportation corridor parking facilities, shall be approved vmless— "(1) such project (A) will avoid the construction of a highway project under this title which increases automobile traffic capacity, (B) will provide a capacity for the movement of persons at least equal to tnat which would be provided by the avoided highway project, and (C) will not exceed in the amount of the Federal share, the Federal share of the cost of the avoided highway project; or "(2) no other feasible or prudent highway project can provide the additional capacity for the movement of persons by motor vehicles on highways (other than on rails) provided by this project. "(e) Xo project authorized by this section shall be approved unless the Secretary of Transportation has received assurances satisfactory to him from the State that public mass transportation systems will have adequate capability to fully utilize the proposed project." (b) The analysis of chapter 1 of title 23, United States Code, is amended by adding at the end thereof the following: "142. Urban highway public trausiwrtation." TERRITORIAL H I G H W A Y PROGRAM 72 Stat f06; 76 Stat. 1147.

SEC. 112. (a) Chapter 2 of title 23, United States Code, is amended by adding at the end thereof the following new section: "§ 215. Territorial highway program " (a) Recognizing the mutual benefits that will accrue to the Virgin Islands, Guam, and American Samoa, and to the United States from the improvement of highways in such territories of the United States, the Secretary is authorized to assist each such territorial government in n program for the construction and improvement of a system of arterial highways, and necessary interisland connectors designated by the Governor of such territory and approved by the Secretary. Federal financial assistance shall be granted under this subsection to such territories upon the basis of a Federal contribution of 70 per centum of the cost of any project. "(b) I n order to establish a long-range highway development program, the Secretary is authorized to provide technical assistance for the establishment of an appropriate agency to administer on a continuing basis highway planning, design, construction and maintenance operations, the development of a system of arterial and collector highways, including necessary interisland connectors, and the establishment of advance acquisition of right-of-way and relocation assistance programs. "(c) Xo part of the appropriations authorized under this section shall be available for obligation or expenditure with respect to any territory until the Governor enters into an agreement with the Secretary providing that the government of such territory (1) will design and construct a system of arterial and collector highways, including necessary interisland connectors, built in accordance with standards approved by the Secretary; (2) will not impose any toll, or permit any such toll to be charged, for use by vehicles or persons of any portion of the facilities constructed or operated under the provisions of this section; (3) will provide for the maintenance of such facilities in a condition to adequately serve the needs of present and future traffic; (4) will implement standards for traffic operations and uniform traffic control devices which are approved by the Secretary.

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 84 STAT. ]

PUBLIC LAW 91-605-DEC. 31, 1970

1721

" (d)(1) Three per centum of the sums authorized to be appropriated for each fiscal year for carrying out subsection (a) of this section shall be available for expenditure only for engineering and economic surveys and investigations, for the planning of future highway programs and the financing thereof, for studies of the economy, safety, and convenience of highway usage and the desirable regulation and equitable taxation thereof, and for research and development, necessary in connection with the planning, design, and maintenance of the highway system, and the regulation and taxation of their use. "(2) I n addition to the percentage provided in paragraph (1) of the subsection, not to exceed 2 per centum of sums authorized to be appropriated for each fiscal year for carrying out subsection (a) of this section may be expended upon request of the Governor and with the approval of the Secretary for the purposes enumerated in paragraph (1) of this subsection. "(e) None of the funds authorized to be appropriated for carrying out this section shall be obligated or expended for maintenance of the highway system, "(f) The provisions of chapters 1 and 5 of this title that are appli- ^^ ^'|^- ^^^5. cable to Federal-aid primary highway funds, other than provisions §2 Stat. 83o. relating to the apportionment formula and provisions limiting the 23 USC soi. expenditure of such funds to the Federal-aid systems, shall apply to the funds authorized to be appropriated to carry out this section, except as determined by the Secretary to be inconsistent with this section." (b) The analysis of chapter 2 of title 23, United States Code, is amended by adding at the end thereof the following: "215. Territories highway development program."

(c) There are hereby authorized to be appropriated for carrying Appropriation. out subsection (a) of section 215 of title 23, United States Code, out of ^"^^' P- 1^20, any sums in the Treasury not otherwise appropriated— (1) not to exceed $2,000,000 per fiscal year for the Virgin Islands, for the fiscal years ending June 30, 1971, June 30, 1972, and June 30, 1973. (2) not to exceed $2,000,000 per fiscal year for Guam for the fiscal years ending June 30, 1971, June 30, 1972, and June 30, 1973. (3) not to exceed $500,000 per fiscal year for American Samoa for the fiscal years ending June 30, 1971, June 30, 1972, and June 30, 1973. (d) Sums authorized to be appropriated for the fiscal year ending June 30, 1971, shall be available for obligation immediately upon enactment of this section in the same manner and to the same extent as if such sums were apportioned under chapter 1 of title 23, United States Code. Sums authorized to be appropriated for the fiscal year ending June 30, 1972, and the fiscal year ending June 30, 1973, shall be available for obligation at the beginning of the fiscal year for which authorized in the same manner and to the same extent as if such sums were apportioned under chapter 1 of title 23, United States Code. DARIEN GAP H I G H W A Y

SEC. 113. (a) Chapter 2 of title 23, United States Code, is further amended by adding at the end thereof the following new section: " (a) The United States shall cooperate with the Government of the Republic of Panama and with the Government of Colombia in the construction of approximately two hundred and fifty miles of highway in such countries in the location known as the 'Darien Gap' to connect the Inter-American Highway authorized by section 212 of this title with the P a n American Highway System of South America. Such
 * § 216. Darien Gap Highway

^^ ^'^*- ^°^-

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 1722

72 Stat. 909. Department of State, n e g o t i a tions.

"Construction.

PUBLIC LAW 91-605-DEC. 31, 1970

[84

STAT.

highway shall be known as the 'Darien Gap Highway'. Funds authorized by this section shall be obligated and expended subject to the same terms, conditions, and requirements with respect to the Darien Gap Highway as are funds authorized for the Inter-American Highway by subsection (a) of section 212 of this title. " (b) The construction authorized by this section shall be under the administration of the Secretary, who shall consult with the appropriate officials of the Department of State with respect to matters involving the foreign relations of this Government, and such negotiations with the Governments of the Republic of Panama and Colombia as may be required to carry out the purposes of this section shall be conducted through, or authorized by, the Department of State. "(c) The provisions of this section shall not create nor authorize the creation of any obligations on the part of the Government of the United States with respect to any expenditures for highway survey or construction heretofore or hereafter undertaken in Panama or Colombia, other than the expenditures authorized by the provision of this section. " (d) Appropriations made pursuant to any authorization for the Darien Gap Highway shall be available for expenditure by the Secretary for necessary administrative and engineering expenses in connection with the Darien Gap Highway program. "(e) For the purposes of this section the term 'construction' does not include any costs of rights-of-way, relocation assistance, or the elimination of hazards of railway grade crossings." (b) The analysis of chapter 2 of title 23, United States Code, is hereby amended by adding at the end thereof the following: "216. Darien Gap Highway."

Appropriation.

Ante, p. 1721.

(c) There is hereby authorized to be appropriated not to exceed $100,000,000, to remain available until expended to enable the Secretary of Transportati(m to carry out section 216 of title 23, United States Code. ADMINISTRATION

Deputy Federal Highway Administrator. 75 Stat. 822; 78 Stat. 424. 80 Stat. 9 3 1. 49 USC 1652.

80 Stat. 460; 83 Stat. 864.

SEC. 114. (a) Subsection (a) of section 303 of title 23, United States Code, is amended to read as follows: " (a)(1) I n addition to the Administrator of the Federal Highway Administration authorized by section 3(e) of the Department of Transportation Act, there shall be a Deputy Federal Highway Administrator appointed by the Secretary of Transportation, with the approval of the President. The Deputy Federal Highway Administrator shall perform such duties as the Federal Highway Administrator shall prescribe. There shall also be an Assistant Federal Highway Administrator who shall be the chief engineer of the Administration and shall be appointed, with the approval of the President, by the Secretary of Transportation under the classified civil service and who shall perform such functions, powers, and duties as the Federal Highway Administrator shall prescribe. "(2) The Administrator of the Federal Highway Administration shall be compensated at the annual rate of basic pay of level II of the Executive Schedule in section 5313 of title 5, United States Code. The Deputy Federal Highway Administrator shall be compensated at the annual rate of basic pay of level IV of the Executive Schedule in section 5315 of title 5, United States Code. The Assistant Federal Highway Administrator shall be compensated at the annual rate of basic pay of level V of the Executive Schedule in section 5316 of title 5, United States Code."

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 84 STAT. ]

PUBLIC LAW 91-605-DEC. 31, 1970

(b) All provisions of law enacted before the date of enactment of this Act which are inconsistent with the amendment made by subsection (a) of this section are hereby repealed to the extent of such inconsistency. (c) The President may authorize any person who immediately before the date of enactment of this Act held the office of Director of Public Roads to act as Deputy Administrator of the Federal Highway Administration created by the amendment made by subsection (a) of this section until the first Deputy Administrator is appointed in accordance with such amendment. The President may authorize any person acting as Deputy Administrator in accordance with this subsection to receive compensation at the rate authorized for the Office of Deputy Administrator. Such compensation, if authorized, shall be in lieu of, and not in addition to, any other compensation from the United States to which such person may be entitled.

1723

Repeal,

TRAINING AND RESEARCH FELLOWSHIPS

SEC. 115. (a) Chapter 3 of title 23 of the United States Code is ^2 Stat. 912. amended by adding at the end thereof the following new section: "§ 321. National Highway Institute " (a) The Secretary is authorized and directed to establish and operate in the Federal Highway Administration a National Highway Institute hereafter referred to as the 'Institute'. The Institute shall develop and administer, in cooperation with the State highway departments, training programs of instruction for Federal Highway Administration and State and local highway department employees engaged or to be engaged in Federal-aid highway work. Such programs may include, but not be limited to, courses in modern developments, techniques, and procedures, relating to highway planning, environmental factors, acquisition of rights-of-way, engineering, construction, maintenance, contract administration, and inspection. The Secretary shall administer all authority vested in him by this title or by any other provision of law for the development and conduct of educational and training programs relating to highways through the Institute. Sums authorized to be deducted for administrative purposes by subsection (a) of section 104 of this title shall be available for carrying out this ^^ ^'^*- ^^^• subsection. " (b) Not to exceed one-half of 1 per centum of all funds apportioned for any fiscal year beginning after June 30, 1970, to any State under paragraphs (1), (2), (3), and (6) of section 104(b) of this title j^m'^'\^lj'' shall be available for expenditure by the State highway department, subject to approval by the Secretary, for payment of not to exceed 70 per centum of the cost of tuition and direct educational expenses (but not travel, subsistence, or salaries) in connection with the education and training of State and local highway department employees as provided in this section. "(c) Education and training of Federal, State, and local highway employees authorized by this section may be provided by the Secretary, or, in the case where such education and training is to be paid for under subsection (b) of this section, by the State, subject to the approval of the Secretary, through grants and contracts with public and private agencies, institutions, and individuals." (b) The analysis of chapter 3 of title 23 of the United States Code is amended by adding at the end thereof: "321. National Highway Institute."

(c) Section 307(a) of title 23 of the United States Code is amended by inserting immediately after the period at the end of the third sentence thereof the following new sentence: "The Secretary is also

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 1724

PUBLIC LAW 91-605-DEC. 31, 1970

[84 STAT.

authorized, acting independently or in cooperation with other Federal departments, agencies, or instrumentalities, to make grants for research fellowships for any purpose for which research is otherwise authorized by this section." BRIDGES ON FEDERAL DAMS

73 Stat. 613. Restriction.

72 Stat. 917.

SEC. 116. (a) Section 320(d) of title 23 of the United States Cod© is amended by striking out "$13,000,000" and inserting in lieu thereof "$16,761,000". Qy^ ^ j j sums appropriated under authority of the increased authorization of $3,761,000 established by the amendment made by subsection (a) of this section shall be available for expenditure only in connection with the construction of a bridge across Markland Dam on the Ohio River near Markland, Indiana, and Warsaw, Kentucky. No such sums shall be appropriated until all applicable requirements of section 320 of title 23 of the United States Code have been complied with by the appropriate Federal agency, the Secretary of Transportation, and the States of Kentucky and Indiana. CONSTRUCTION OF R E P L A C E M E N T

^82 Stat. 834. igol'.^^'^^^^'

"Housing."

HOUSING

^ SEC. 117. (a) Sectlous 510 and 511 of title 23, United States Code including all references thereto are hereby renumbered as sections 511 and 512 respectively. (b) Chapter 5 of title 23, United States Code, is amended by inserting immediatiely after section 509 the following new section: "§ 510. Construction of replacement housing "(a) The Secretary may approve as a part of the cost of construction of any project on any Federal-aid system the cost of (A) constructing new housing, (B) acquiring existing housing, (C) rehabilitating existing housing, and (D) r^ocating existing housing, as replacement housing for individuals and families where a proposed project on the Federal-aid system cannot proceed to actual construction because replacement housing is not available and cannot otherwise be made available as required by section 502 of this title. For the purposes of this subsection the term 'housing' includes all appurtenances thereto. " (b) State highway departments shall, wherever practicable, utilize the services of State or local governmental housing agencies in carrying out this section." (c) The analysis of chapter 5 of title 28, United States Code, is amended by adding after "509. Relocation assistance programs on Federal highway projects."

"Construction." Ante, p. 1716,

the following: "510. Construction of replacement housing." (d) The definition of the term "construction" in section 101(a) of title 23, United States Code, is amended to read as follows: "The term 'construction' means the supervising, inspecting, actual building, and all expenses incidental to the construction or reconstruction of a highway, including locating, surveying, and mapping (including the establishment of temporary and permanent geodetic markers in accordance with specifications of the Coast and Geodetic Survey in the Department of Commerce), acquisition of rights-of-way, relocation assistance, elimination of hazards of railway grade crossings, acquisition of replacement housing sites, and acquisition, and rehabilitation, relocation, and construction of replacement housing."

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Page:United States Statutes at Large Volume 84 Part 2.djvu/395

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STAT.]

1725

PUBLIC LAW 91-605-DEC. 31, 1970 BRIDGE ALTERATION PROGRESS

PAYMENTS

SEC. 118. Section 7 of the Act of June 21, 1940 (54 Stat. 497), as amended (33 U.S.C. 517) is amended as follows: (1) I n the first sentence strike all after "Following" to and including "Chief of Engineers" and insert in lieu thereof "service of the order requiring alteration of the bridge, the Secretary of Transportation". (2) In the second sentence insert "of Transportation" between "Secretary" and "may". (3) I n the third sentence strike out the last word and insert in lieu thereof "Transportation". ALASKA

72 Stat. 596.

HIGHWAY

SEC. 119. (a) The President, acting through the Secretaries of State and Transportation, is authorized to undertake negotiations with the Government of Canada for the purpose of entering into a suitable agreement authorizing paving and reconstructing the Alaska Highway from Dawson Creek, Canada (including a connecting highway to Haines, Alaska), to the Alaska border, including, but not limited to, necessary highway realinement. (b) The President shall report to Congress not later than one year after the date of enactment of this section the results of his negotiations under this section. EFFECTIVE DATE OF RELOCATION

Report to
 * ongress.

PROVISIONS

SEC. 120. Section 37 of the Federal-Aid Highway Act of 1968 is amended to read as follows:

82 Stat. 836. 23 USC 502 note.

" EFFECTIVE DATE

"SEC. 37. (a) Except as otherwise provided in subsection (b) of this section, this Act and the amendments made by this Act shall take effect on the date of its enactment, except that until July 1, 1970, sections 502, 505, 506, 507, and 508 of title 23, United States Code, as added by this Act, shall be applicable to a State only to the extent that such State is able under its laws to comply with such sections. Except as otherwise provided in subsection (b) of this section, after July 1, 1970, such sections shall be completely applicable to all States. Section 133 of title 23, United States Code, shall not apply to any State if sections 502, 505, 506, 507, and 508 of title 23, United States Code, are applicable in that State, and effective July 1, 1970, such section 133 is repealed, except as otherwise provided in subsection (b) of this section. "(b) I n the case of any State (1) which is required to amend its constitution to comply with sections 502, 505, 506, 507, and 508 of title 23, United States Code, and (2) which cannot submit the required constitutional amendment for ratification prior to July 1, 1970, the date of July 1, 1970, contained in subsection (a) of this section shall be extended to July 1, 1972." F U T U R E FEDERAL-AID H I G H W A Y

R e p e a l; effective date. 76 Stat. 1146. 82 Stat. 830; Post, p p. 1735,. 1903. Extension.

PROGRAM

SEC. 121. (a) The Secretary of Transportation shall develop and include in the report of Congress required to be submitted in January 1972, by section 3 of the Act of August 28, 1965 (79 Stat. 578; Public Law 89-139), specific recommendations for the functional realinement of the Federal-aid systems. These recommendations shall be based on the functional classification study made in cooperation

Recommendations to C o n g r e s s. 23 USC 101 note.

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 1726 82 Stat. 8 2 3. 23 USC 101

Post, p. 1737.

Report to Congress.

PUBLIC LAW 91-605-DEC. 31, 1970

[84 STAT.

with the State highway departments and local governments as required by the Federal-Aid Highway Act of 1968 and submitted to the Congress in 1970, and the functional classification study now underway of the Federal-aid systems in 1990. (b) As a part of the future highway needs report to be submitted to Congress in January 1972, the Secretary shall also make recommendations to the Congress for a continuing Federal-aid highway program for the period 1976 to 1990. The needs estimates to be used in developing such programs shall be in conformance with the functional classification studies referred to in subsection (a) of this section and the recommendations for the functional realinement required by such subsection. (c) The recommendations required by subsections (a) and (b) of this section shall be determined on the basis of studies now being conducted by the Secretary in cooperation with the State highway departments and local governments, and, in urban areas of more than fifty thousand population, utilizing the cooperative continuing comprehensive transportation planning process conducted in accordance with section 134 of title 23, United States Code. The highway needs estimates prepared by the States in connection with this report to Congress shall be submitted to Congress by the Secretary, together with his recommendations. (d) As a part of the future highway needs report to be submitted to Congress m January 1972, the- Secretary shall report to Congress the Federal-aid urban system as designated, and the cost of its construction. H I G H W A Y BEAUTIFICATIOX AUTHORIZATIONS

82 Stat. 817.

82 Stat. 818.

SEC. 122. (a) Section 131(m) of title 23, United States Code, is amended to read as follows: " (m) There is authorized to be appropriated to carry out the provisions of this section, out of any money in the Treasury not otherwise appropriated, not to exceed $20,000,000 for the fiscal year ending June 30, 1966, not to exceed $20,000,000 for the fiscal year ending June 30, 1967, not to exceed $2,000,000 for the fiscal year ending June 30, 1970, not to exceed $27,000,000 for the fiscal year ending June 30, 1971, not to exceed $20,500,000 for the fiscal year ending June 30, 1972, and not to exceed $50,000,000 for the fiscal year ending June,30, 1973. The provisions of this chapter relating to the obligation, period of availability and expenditure of Federal-aid primary highway funds shall apply to the funds authorized to be appropriated to carry out this section after June 30, 1967." (b) Section 136(m) of title 23, United States Code, is amended to read as follows: " (m) There is authorized to be appropriated to carry out this section, out of any money in the Treasury not otherwise appropriated, not to exceed $20,000,000 for the fiscal year ending June 30, 1966, not to exceed $20,000,000 for the fiscal year ending June 30, 1967, not to exceed $3,000,000 for the fiscal year ending June 30, 1970, not to exceed $3,000,000 for the fiscal year ending June 30, 1971, not to exceed $3,000,000 for the fiscal year ending June 30, 1972, and not to exceed $5,000,000 for the fiscal year ending June 30, 1973. The provisions of this chapter relating to the obligation, period of availability, and expenditure of Federal-aid primary highway funds shall apply to the funds authorized to be appropriated to carry out this section after June 30, 1967."

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PUBLIC LAW 91-605-DEC. 31, 1970

1727

HIGHWAY BEAUTIFICATION COMMISSION

SEC. 123. (a) There is hereby established a commission to be known as the Commission on Highway Beautification, hereinafter referred to as the "Commission". (b) The Commission shall be comprised of eleven members as follows: (1) two majority and two minority members of the Senate Committee on Public Works to be appointed by the President of the Senate; (2) two ma3 ority and two minority members of the House Committee on Public Works to be appointed by the Speaker of the House of Representatives; (3) three persons to be appointed by the President of the United States from among persons Avho are not officers or employees of the United States. (c) The Chairman shall be elected from among the members of the (Commission by a majority vote of such members. Any vacancy which may occur on the Commission shall not affect its powers or fimctions but shall be filled in the same manner in which the original appointment was made. (d) The organization meeting of the Commission shall be held at such time and place as may be specified in a call issued jointly by the senior member appointed by the President of the Senate and the senior member appointed by the Speaker of the House of Representatives. (e) Six members of the Commission shall constitute a quorum, but a smaller number, as determined by the Commission, may conduct hearings. (f) Members of Congress who are members.of the Commission shall serve without compensation in addition to that received for their services as Members of Congress; but they shall be reimbursed for travel, subsistence, and other necessary expenses incurred by them in the performance of the duties vested in the Commission. (g) Members of the Commission who are not Members of Congress or officers or employees in the executive branch shall each receive $100 per diem when engaged in the actual performance of duties vested in the Commission, plus reimbursement for travel, subsistence, and other necessary expenses incurred by them in the performance of such duties. (h) The Commission shall (1) study existing statutes and regulations governing the control of outdoor advertising and junkyards in areas adjacent to the Federal-aid highway system; (2) review the policies and practices of the Federal and State agencies charged with administrative jurisdiction over such highways insofar as such policies and practices relate to governing the control of outdoor advertising and junkyards; (3) compile data necessary to understand and determine the requirements for such control which may now exist or are likely to exist within the foreseeable future; (4) study problems relating to the control of on-premisie outdoor advertising signs, promotional signs, directional signs, and signs providing information that is essential to the motoring public; (5) study methods of financing and possible sources of Federal funds, including use of the Highway Trust Fund, to carry out a highway beautification program; and (6) recommend such modifications or additions to existing laws, regulations, policies, practices, and demonstration programs as will, in the judgment of the Commission, achieve a workable and effective highway beautification program and best serve the public interest. (i) The Commission shall, not later than one year after the funding of this section submit to the President and the Congress its final

Membership.

Chairman.

Quorum. Members, compensation.

Report, termination.

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Page:United States Statutes at Large Volume 84 Part 2.djvu/398

 1728 Records, deposit in A r c h i v e s.

Hearings,

Subpenas.

Appropriation.

Staff director, personnel, cons u l t a n t s, compensation.

80 Stat. 443, 467. 5 USC 5101, 5331, Ante, p. 198-1.

80 Stat. 416. S t u d i e s, contract power; fund transfer.

PUBLIC LAW 91-605-DEC. 31, 1970

[84

STAT.

report. I t shall cease to exist six months after submission of said report. All records and papers of the Commission shall thereupon be delivered to the Administrator of General Services for deposit in the Archives of the United States. (j) The Chairman of the Commission shall reo[uest the head of each Federal department or independent agency which has an interest in or responsibility with respect to the control of outdoor advertising and of junkyards to appoint, and the head of such department or agency shall appoint, a liaison officer who shall work closely with the Commission and its staff in matters pertaining to this section. (k) In carrying out its duties the Commission shall seek the advice of various groups interested in the problems relating to the control of outdoor advertising and junkyards including, but not limited to, State and local governments, public and private organizations working in the fields of environmental protection and conservation, communications media, commercial advertising interests, industry, education, and labor. (1) The Commission or, on authorization of the Commission, any committee of two or more members may, for the purpose of carrying out the i^rovisions of this section, hold such hearings and sit and act at such times and places as the Commission or such authorized committee may deem advisable. Subpenas for the attendance and testimony of witnesses or the production of written or other matter may be issued only on the authority of the Commission any shall be served by anyone designated by the Chairman of the Commission. (m) The Commission is authorized to secure from any department, agency, or individual instrumentality of the executive branch of the Government any information it deems necessary to carry out its functions under this section and each such department, agency, and instrumentality is authorized and directed to furnish such information to the Commission upon request made by the Chairman. (n) There are hereby authorized to be appropriated such sums, but not more than $200,000, as may be necessary to carry out the provisions of this section and such moneys as may be appropriated shall be available to the Commission until expended. (o) The Commission is authorized to appoint and fix the compensation of a staff director, and such additional personnel as may be necessary to enable it to carry out its functions. The Director and personnel may be appointed without regard to provisions of title 5, United States Code, covering appointments in the competitive service, and may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates. Any Federal employees subject to the civil service laws and regulations who may be employed by the Commission shall retain civil service status without interruption or loss of status or privilege. In no event shall the staff director or any other employee receive as compensation an amount in excess of the maximum rate for GS-18 of the General Schedule under section 5332 of title 5, United States Code. In addition, the Commission is authorized to obtain the services of experts and consultants in accordance with section 3109 of title 5, United States Code, but at rates not to exceed $100 per diem for individuals. (p) The Commission is authorized to enter into contracts or agreements for studies and surveys with public and private organizations and, if necessary, to transfer funds to Federal agencies from sums appropriated pursuant to this section to carry out such of its duties as the Commission determines can best be carried out in that manner.

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Page:Folk-lore - A Quarterly Review. Volume 15, 1904.djvu/55

Rh The Queen. You are undoubtedly mistaken, Arthur, for you acknowledge that you have never yet fathomed either the nature or the heart of a woman.

Arthur. I call heaven to witness that if up to now they have lain hid from me, I will exert myself, and sparing no pains, I will never taste food until by good hap I fathom them.

(2) So when the banquet was ended Arthur called to him Caius, his sewer, and said, "Caius, do you and Walwain my nephew mount your horses and accompany me on the business to which I am hastening. But let the rest remain and entertain my guests in my stead until I return." Caius and Walwain at once mounted their horses as they were bidden, and hastened with Arthur to a certain king famed for his wisdom, named Gargol, who reigned over the neighbouring country; and on the third day they reached a certain valley, quite worn out, for since leaving home they had not tasted food nor slept, but had ever ridden on uninterruptedly night and day. Now immediately on the further side of that valley there was a lofty mountain, surrounded by a pleasant wood, in whose recesses was visible a very strong fortress built of polished stone. And Arthur, when he saw it at a distance, commanded Caius to hasten on before him with all speed, and bring back word to him to whom the town belonged. So Caius, urging on his steed, hastened forward and entered the fortress, and on his return met Arthur just as he was entering the outer trench, and told him that the town belonged to King Gargol, to whom they were making their way. (3) Now it so happened that King Gargol had just sat down at table to dine; and Arthur, entering his presence on horseback, courteously saluted him and those who were feasting with him. And King Gargol said to him, "Who art thou? and from whence? And wherefore hast thou entered into our presence with such haste?"

Arthur. "I am Arthur," he replied, "the King of