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 PUBLIC LAW 97-326—OCT. 15, 1982

96 STAT. 1609

(b) In carrying out subsection (a)(1)(B), the Director shall, based on the estimates made under paragraphs (1) and (2) of this subsection, fix the price of each printed copy and each computer tape of the report so that the aggregate revenues obtained in each fiscal year under subsection (a) will cover as much of the incremental costs incurred in making these reports and tapes available for purchase by the public as is feasible. In computing these costs the Director shall not consider the costs of the activities set forth in sections 7, 8, and 10, but shall consider— (1) the cost of compiling the reports required by this Act; preparing the printed copies and computer tapes under subsection (a); and distributing the printed copies and the computer tapes of the report for each fiscal year; and (2) the number of printed copies and the number of computer tapes of the report that will be purchased. SEC. 6. In order to carry out sections 3, 4, and 5 of this Act, the Director may delegate to any authority of the executive branch of the Federal Government the responsibility for carrying out such sections. The Director shall oversee the activities of any authority to which responsibilities are delegated under this section and shall monitor the compliance of each authority with respect to the requirements set forth in section 7. SEC. 7. Each head of any authority of the Government having custody of the data files and systems referred to in section 3(c) shall make available to the Director or other authority to which the Director has delegated the responsibility to carry out such section, such information, administrative services, equipment, personnel, and facilities as the Director or such authority requires to carry out such section. SEC. 8. (a) The Director shall operate and maintain, and update on a quarterly basis, the Federal assistance awards data system established as a result of the study conducted by the Director under section 9 of the Federal Program Information Act (31 U.S.C. 1701 note). (b) In order to carry out subsection (a), the Director— (1) may delegate to any authority of the executive branch of the Federal Government the responsibility for carrying out subsection (a), and (2) shall review any reports submitted to him by Federal agencies in the process of carrying out subsection (a) and may validate, by appropriate means, the processes by which Federal agencies prepared such reports. SEC. 9. The Director shall designate a single organizational unit to provide for data consistency and uniform reporting of data elements. SEC. 10. The Comptroller General shall conduct a review of the data systems and reports required by this Act. This review shall include a determination of the accuracy of the data contained within the report required by section 3 and the costs of data collection, report preparation, and dissemination of such data and report. The review shall also include an analysis of the use and primary users of the data. In making this review, the Comptroller General shall consult with Members of Congress, the Congressional Budget Office, the Office of Management and Budget, the Committee on Rules and Administration of the Senate, the Committee on House Administration of the House of Representatives, the Census Bureau, representatives of State and local governments, and any other persons he deems appropriate. This review shall be submitted to the Committee

Price fixing.

31 USC 6102 note.

31 USC 6102 note.

Federal assistance awards data system, maintenance. 31 USC 6102 note.

31 USC 6102 note. Review. 31 USC 6102 note.

Submittal to congressional committees.

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 96 STAT. 1610

Data, submittal to congressional committees. 31 USC 6102 note.

Failure to submit data, statement.

PUBLIC LAW 97-326—OCT. 15, 1982

on Governmental Affairs of the Senate and the Committee on Operations of the House of Representatives no later than October 1, 1984. SEC. 11. (a) Each head of any executive department or establishment that has compiled or can readily compile data that would have been included in the reports entitled "the Geographic Distribution of Federal Funds" for fiscal year 1981 or fiscal year 1982, or both, shall forward a copy of such to the Committee on Rules and Administration of the Senate and to the Committee on House Administration of the House of Representatives. Delivery of such shall be made within sixty days after enactment of this Act for fiscal year 1981 and within one hundred and twenty days of the close of the fiscal year for fiscal year 1982. (b) Each head of any executive department or establishment who does not forward a copy of data as required by subsection (a) for fiscal year 1981 or fiscal year 1982 shall submit a statement to that effect, along with a statement of the reasons for the failure, to the Committee on Rules and Administration of the Senate and to the Committee on House Administration of the House of Representatives. Approved October 15, 1982.

LEGISLATIVE HISTORY—S. 2386 (H.R. 7096): HOUSE REPORT No. 97-878 accompanying H.R. 7096 (Comm. on Government Operations). SENATE REPORT No. 97-473 (Comm. on Governmental Affairs). CONGRESSIONAL RECORD, Vol. 128 (1982): July 29, considered and passed Senate. Sept. 28, H.R. 7096, considered and passed House; S. 2386, amended, passed in lieu. Oct. 1, Senate concurred in House amendments.

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 PUBLIC LAW 97-327—OCT. 15, 1982

96 STAT. 1611

Public Law 97-327 97th Congress An Act To authorize appropriations for the construction of certain highways in accordance with title 23 of the United States Code, and for other purposes.

Oct. 15, 1982 [S. 2574]

Be it enacted by the Senate and House of Representatives of tfie United States of America in Congress assembled, That this Act may Federal-Aid of Highway Act be cited as the "Federal-Aid Highway Act of 1982". 1982. SEC. 2. Subsection (b) of section 108 of the Federal-Aid Highway 23 USC 101 note. Act of 1956, as amended, is amended by striking out "the additional 23 USC 101 note. sum of $3,625,000,000 for the fiscal year ending September 30, 1984," and inserting in lieu thereof the following: "the additional sum of $3,225,000,000 for the fiscal year ending September 30, 1984,". SEC. 3. The Secretary of Transportation shall apportion for the Apportioned funds. fiscal year ending September 30, 1984, the sums authorized to be 23 USC 104 note. apportioned for such year by section 108(b) of the Federal-Aid Highway Act of 1956, as amended, for expenditures on the National 23 USC 101 note. System of Interstate and Defense Highways, using the apportionment factors contained in revised table 5 of the committee print numbered 97-53 of the Committee on Public Works and Transportation of the House of Representatives. SEC. 4. (a) For the purpose of carrying out the provisions of title 23, United States Code, the following sums (multiplied by a factor determined by dividing the maximum number of days in the fiscal year ending September 30, 1983, for which funds are appropriated by a joint resolution making continuing appropriations for such fiscal year, by 365 days) are hereby authorized to be appropriated: (1) For the Federal-aid primary system in rural areas, including the extensions of the Federal-aid primary system in urban areas, and the priority primary routes, out of the Highway Trust Fund, $1,500,000,000 for the fiscal year ending September 30, 1983, For the Federal-aid secondary system in rural areas, out of the Highway Trust Fund, $400,000,000 for the fiscal year ending September 30, 1983. (2) For the Federal-aid urban system, out of the Highway Trust Fund, $800,000,000 for the fiscal year ending September 30.1983. (3) For the forest highways, out of the Highway Trust Fund, $33,000,000 for the fiscal year ending September 30, 1983. (4) For public lands highways, out of the Highway Trust Fund, $16,000,000 for the fiscal year ending September 30, 1983. (5) For economic growth center development highways under section 143 of title 23, United States Code, out of the Highway Trust Fund, $50,000,000 for the fiscal year ending September 30, 1983. (6) For the Great River Road, out of the Highway Trust Fund, $25,000,000 for the fiscal year ending September 30, 1983, for construction or reconstruction of roads on a Federal-aid highway system.

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 96 STAT. 1612 23 USC 104 note.

Apportioned funds.

Appropriation authorization.

23 USC 130 note.

Apportioned funds.

PUBLIC LAW 97-327—OCT. 15, 1982

(b) For fiscal year 1984, no State, including the State of Alaska, shall receive less than one-half of 1 per centum of the total apportionment for the Interstate System under section 104(b)(5)(A) of title 23, United States Code. Whenever amounts made available under this subsection for the Interstate System in any State exceed the estimated cost of completing that State's portion of the Interstate System, and exceed the estimated cost of necessary resurfacing, restoration, rehabilitation, and reconstruction of the Interstate System within such State, the excess amount shall be eligible for expenditure for those purposes for which funds apportioned under paragraphs (1), (2), and (6) of such section 104(b) may be expended and shall also be available for expenditure to carry out section 152 of title 23, United States Code. (c) In the case of priority primary routes, $125,000,000 (multiplied by the factor determined under subsection (a) of this section) of the sums authorized for the fiscal year ending September 30, 1983, by subsection (a)(1) of this section for such routes, shall not be apportioned. Such $125,000,000 (multiplied by such factor) shall be available for obligation on the date of apportionment of funds for such fiscal year, in the same manner and to the same extent as the sums apportioned on such date, except that such $125,000,000 (multiplied by such factor) shall be available for obligation at the discretion of the Secretary of Transportation only for projects of unusually high cost or which require long periods of time for their construction. Any part of such $125,000,000 (multiplied by such factor) not obligated by such Secretary on or before the last day of such fiscal year shall be immediately apportioned in the same manner as funds apportioned for the next succeeding fiscal year for primary system routes, and available for obligation for the same periods as such apportionment. SEC. 5. (a) The following sums are hereby authorized to be appropriated: (1) For bridge replacement and rehabilitation under section 144 of title 23, United States Code, out of the Highway Trust Fund, $900,00,000 (multiplied by the factor determined under section 4(a) of this Act) for the fiscal year ending September 30, 1983. (2) For projects for elimination of hazards under section 152 of title 23, United States Code, out of the Highway Trust Fund, $200,000,000 (multiplied by the factor determined under section 4(a) of this Act) for the fiscal year ending September 30, 1983. (b) Section 203(b) of the Highway Safety Act of 1973, as amended, is amended by striking out "and $190,000,000" and inserting in lieu thereof "$190,000,000'^ and by inserting after "September 30, 1982" the following: ", and $190,000,000 (multiplied by the factor determined under section 4(a) of the Federal-Aid Highway Act of 1982) for the fiscal year ending September 30, 1983". (c)(1) Section 144(e) of title 23, United States Code, is amended by striking out "and September 30, 1982" and inserting in lieu thereof "September 30, 1982, and September 30, 1983". (2) Section 144(g) of title 23, United States Code, is amended by inserting after the third sentence the following new sentences: "Of the amount authorized for the fiscal year ending September 30, 1983, by paragraph (1) of section 5(a) of the Federal-Aid Highway Act of 1982, all but $200,000,000 (multiplied by the factor determined under section 4(a) of such Act) shall be apportioned as provided in subsection (e) of this section. $200,000,000 (multiplied by

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such factor) of the amount authorized for such fiscal year shall be available for obligation on the date of each such apportionment in the same manner and to the same extent as the sums apportioned on such date except that the obligation of such $200,000,000 (multiplied by such factor) shall be at the discretion of the Secretary and shall be only for projects for those highway bridges the replacement or rehabilitation cost of each of which is more than $10,000,000, and for any project for a highway bridge the replacement or rehabilitation costs of which is less than $10,000,000 if such cost is at least twice the amount apportioned to the State in which such bridge is located under subsection (e) of this section for the fiscal year in which application is made for a grant for such bridge.". SEC. 6. Section 401(a) of the Surface Transportation Assistance Act 23 USC 101 of 1978 is amended by inserting after "or by any Act amended by note. this Act" the following: "or, after the date of enactment of this Act, any funds authorized to be appropriated to carry out this Act, title 23, United States Code, or the Urban Mass Transportation Act of 1964".

Approved October 15, 1982.

LEGISLATIVE HISTORY—S. 2574: SENATE REPORT No. 97-421 (Comm. on Environment and Public Works). CONGRESSIONAL RECORD, Vol. 128 (1982): Oct. 1, considered and passed Senate; considered and passed House, amended; Senate concurred in House amendment.

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 96 STAT. 1614

PUBLIC LAW 97-328—OCT. 15, 1982

Public Law 97-328 97th Congress An Act Oct. 15, 1982 [H.R. 6276]

JQ amend the District of Columbia Self-Government and Governmental Reorganization Act to allow the issuance of revenue bonds to finance college and university programs which provide student educational loans.

Be it enacted by the Senate and House of Representatives of the District of United States of America in Congress assembled. That the first Columbia Self- sentence of section 490(a)(l) of the District of Columbia Self-GovernGovernmental'' ^ent and Governmental Reorganization Act (D.C. Code, sec. 47-334) Reorganization is amended by inserting "college and university programs which Act, provide loans for the payment of educational expenses for or on amendment. y^^^^ ^^ students," after "coUege and university facilities,". Approved October 15, 1982.

LEGISLATIVE HISTORY—H.R. 6276: HOUSE REPORT No. 97-634 (Comm. on the District of Columbia). CONGRESSIONAL RECORD, Vol. 128 (1982): Aug. 9, considered and passed House. Oct. 1, considered and passed Senate.

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 PUBLIC LAW 97-329—OCT. 15, 1982

Public Law 97-329 97th Congress

96 STAT. 1615

An Act

To designate the Mary McLeod Bethune Council House in Washington, District of Columbia, as a national historic site, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, CONGRESSIONAL FINDINGS AND PURPOSE

1. (a) FINDINGS.—The Congress finds and declares that— (1) the Mary McLeod Bethune Council House was the residence in Washington, District of Columbia, of Mary McLeod Bethune, renowned educator, national political leader, and founder of the National Council of Negro Women; (2) it was at this location that Mary McLeod Bethune directed activities that brought her national and international recognition; (3) this site was significant as a center for the development of strategies and programs which advanced the interests of black women and the black community; (4) it was at this location that Mary McLeod Bethune as the president of the National Council of Negro Women received heads of state, government officials, and leaders from across the world; (5) the Mary McLeod Bethune Council House was the first national headquarters of the National Council of Negro Women, and is the site of the Mary McLeod Bethune Memorial Museum and the National Archives for Black Women's History; (6) the archives, which houses the largest extant manuscript collection of materials pertaining to black women and their organizations, contains extensive correspondence, photographs, and memorabilia relating to Mary McLeod Bethune; and (7) the museum and archives actively collect artifacts, clothing, artwork, and other materials which document the history of black women and the black community. (b) PURPOSE.—It is the purpose of this Act— (1) to assure the preservation, maintenance, and interpretation of this house and site because of the historic meaning and prominence of the life and achievements of Mary McLeod Bethune, an outstanding leader in the areas of housing, employment, civil rights, and women's rights; and (2) to assure the continuation of the Mary McLeod Bethune Memorial Museum and the National Archives for Black

SECTION

Oct. 15, 1982 [S. 2436] Mary McLeod Bethune Council House, DC. National historic site, designation. 16 USC 461 note.

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 96 STAT. 1616

PUBLIC LAW 97-329—OCT. 15, 1982 Women's History at this site, the preservation of which is necessary for the continued interpretation of the history of black women in America. ESTABLISHMENT OF HISTORIC SITE

SEC. 2. In order to further the purpose of this Act and the Act of August 21, 1935 (16 U.S.C. 461-7), the Mary McLeod Bethune Council House at 1318 Vermont Avenue Northwest, in the city of Washington, District of Columbia, is hereby designated as a national historic site (hereinafter in this Act referred to as the "historic site"). COOPERATIVE AGREEMENT

SEC. 3. In furtherance of the purposes of this Act and the Act of August 21, 1935 (16 U.S.C. 461-7), the Secretary of the Interior is authorized and directed to enter into cooperative agreements with the National Council of Negro Women. Such agreements may include provisions by which the Secretary will provide technical assistance to mark, restore, interpret, operate, and maintain the historic site and may also include provisions by which the Secretary will provide financial assistance to mark, interpret, and restore the historic site (including the making of preservation-related capital improvements and repairs but not including other routine operations). Such agreement may also contain provisions that— (1) the Secretary of the Interior, acting through the National Park Service, shall have right of access at all reasonable times to all public portions of the property covered by such agreement for the purpose of conducting visitors through such properties and interpreting them to the public; and (2) no changes or alterations shall be made in such properties except by mutual agreement between the Secretary and the other parties to such agreements. No limitation or control of any kind over the use of such properties customarily used for the purposes of the National Council of Negro Women shall be imposed by any such agreement. ANNUAL REPORT

Appropriation aut oriza ion.

SEC. 4. The National Council of Negro Women shall, as a condition of the receipt of any assistance under this Act, provide to the Secretary of the Interior and to the Congress of the United States an annual report documenting the activities and expenditures for which any such assistance was used during the preceding fiscal year. SEC. 5. Beginning after September 30, 1983, there is authorized to ^^ appropriated $100,000 to provide financial assistance under section 3 of this Act. There is also authorized to be appropriated for purposes of making grants to the National Council of Negro Women

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 PUBLIC LAW 97-329—OCT. 15, 1982

96 STAT. 1617

for purposes of this Act an additional $100,000 to be provided, as may be agreed to by the Secretary of the Interior and the National Council, on a fifty-fifty matching basis to the extent that funds or services are contributed by the National Council for such purposes. Sums authorized to be appropriated under this section shall remain available until expended. Approved October 15, 1982.

LEGISLATIVE HISTORY—S. 2436: SENATE REPORT: No. 97-534 (Comm. on Energy and Natural Resources). CONGRESSIONAL RECORD, Vol. 128 (1982): Sept. 22, considered and passed Senate. Sept. 30, considered and passed House. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 18, No. 41: (1982) Oct. 15, Presidential statement.

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 96 STAT. 1618

PUBLIC LAW 97-330—OCT. 15, 1982 Public Law 97-830 97th Congress An Act

Oct. 15, 1982 [H.R. 4476]

Administrative amendment

To amend the Administrative Conference Act, by authorizing appropriations therefor.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That section 576 of "There are authorized to be appropriated to carry out the purposes of this subchapter sums not to exceed $2,300,000 for the fiscal year ending September 30, 1982, and not to exceed $2,300,000 for each fiscal year thereafter up to and including the fiscal year ending September 30, 1986.". Approved October 15, 1982.
 * i**® ^' United States Code, is amended to read as follows:
 * §576. Appropriations

LEGISLATIVE HISTORY—H.R. 4476: HOUSE REPORT No. 97-511 (Comm. on the Judiciary). CONGRESSIONAL RECORD, Vol. 128 (1982): June 14, considered and passed House. Oct. 1, considered and passed Senate.

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 PUBLIC LAW 97-331—OCT. 15, 1982

96 STAT. 1619

Public Law 97-381 97th Congress An Act To amend the National Traffic and Motor Vehicle Safety Act of 1966 and the Motor Vehicle Information and Cost Savings Act to authorize appropriations for fiscal years 1983, 1984, and 1985, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SHORT TITLE

1. This Act may be cited as the "Motor Vehicle Safety and Cost Savings Authorization Act of 1982*'. SECTION

AUTHORIZATION OP APPROPRIATIONS

SEC. 2. (a) Section 121 of the National Traffic and Motor Vehicle Safety Act of 1966 (15 U.S.C. 1409) is amended by striking out "not" and all that follows through the period, and inserting in lieu thereof "$51,400,000 for fiscal year 1983, $55,000,000 for fiscal year 1984, and $58,700,000 for fiscal year 1985.". (b) Section 111 of the Motor Vehicle Information and Cost Savings Act (15 U.S.C. 1921) is amended by striking out "title" and all that follows through the period, and inserting in lieu thereof "title $320,000 for fiscal year 1983, $343,000 for fiscal year 1984, and $365,000 for fiscal year 1985.". (c) Section 209 of the Motor Vehicle Information and Cost Savings Act (15 U.S.C. 1949) is amended by striking out "title" and all that follows through the period, and inserting in lieu thereof "title $1,677,000 for fiscal year 1983, $1,800,000 for fiscal year 1984, and $1,950,000 for fiscal year 1985.". (d) Section 417 of the Motor Vehicle Information and Cost Savings Act (15 U.S.C. 1990g) is amended by striking out "title" and all that follows through the period, and inserting in lieu thereof "title $183,000 for fiscal year 1983, $196,000 for fiscal year 1984, and $210,000 for fiscal year 1985.". STATE ENFORCEMENT AUTHORITY

SEC. 3. Section 103(d) of the National Traffic and Motor Vehicle Safety Act of 1966 (15 U.S.C. 1392(d)) is amended by inserting after the first sentence thereof the following new sentence: "Nothing in this section shall be construed as preventing any State from enforcing any safety standard which is identical to a Federal safety standard.". TIRE REGISTRATION INFORMATION; NOTICE OF TIRE DEFECTS

SEC. 4. (a) Section 158(b) of the National Traffic and Motor Vehicle Safety Act of 1966 (15 U.S.C. 1418(b)) is amended— (1) by inserting "(1)" after the subsection designation; and

97-200 0 - 8 4 - p t. 2

9: QL3

Oct. 15, 1982 [H.R. 6273]

Motor Vehicle Safety and Cost Savings Authorization Act of 1982. 15 USC 1381 note.

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 96 STAT. 1620

Report to Congress.

PUBLIC LAW 97-331—OCT. 15, 1982

(2) by adding at the end thereof the following new paragraphs: "(2)(A) Except as provided in paragraph (3), the Secretary shall not have any authority to establish any rule which requires a dealer or distributor to complete or compile the records and information specified in paragraph (1) if the business of such dealer or distributor is not owned or controlled by a manufacturer of tires. "(B) The Secretary shall require each dealer and distributor whose business is not owned or controlled by a manufacturer of tires to furnish the first purchaser of a tire with a registration form (containing the tire identification number of the tire) which the purchaser may complete and return directly to the manufacturer of the tire. The contents and format of such forms shall be established by the Secretary and shall be standardized for all tires. Sufficient copies of such forms shall be furnished to such dealers and distributors by manufacturers of tires. "(3)(A) At the end of the two-year period following the effective date of this paragraph (and from time to time thereafter), the Secretary shall evaluate the extent to which the procedures established in paragraph (2) have been successful in facilitating the establishment and maintenance of records regarding the first purchasers of tires. "(B)(i) The Secretary, upon completion of any evaluation under subparagraph (A), shall determine (I) the extent to which dealers and distributors have encouraged first purchasers of tires to register the tires, and the extent to which dealers and distributors have complied with the procedures established in paragraph (2); and (II) whether to impose upon manufacturers, dealers, or distributors (or any combination of such groups) any requirements which the Secretary determines will result in a significant increase in the percentage of first purchasers of tires with respect to whom records would be established and maintained. "(ii) Manufacturers of tires shall reimburse dealers and distributors for all reasonable costs incurred by them in order to comply with any requirement imposed by the Secretary under clause (i). "(iii) The Secretary may order by rule the imposition of requirements under clause (i) only if the Secretary determines that such requirements are necessary to reduce the risk to motor vehicle safety, after considering (I) the cost of such requirements to manufacturers and the burden of such requirements upon dealers and distributors, as compared to the additional percentage of first purchasers of tires with respect to whom records would be established and maintained as a result of the imposition of such requirements; and (II) the extent to which dealers and distributors have encouraged first purchasers of tires to register the tires, and the extent to which dealers and distributors have complied with the procedures established in paragraph (2). "(iv) The Secretary, upon making any determination under clause (j)^ shall Submit a report to each House of the Congress containing a detailed statement of the nature of such determination, together with an explanation of the grounds for such determination.". (b) Section 153(c) of the National Traffic and Motor Vehicle Safety Act of 1966 (15 U.S.C. 1413(c)) is amended— (1) in paragraph (2) thereof, by striking out "or tire,", and by striking out "or tire"; (2) by redesignating paragraph (4) and paragraph (5) thereof as paragraph (5) and paragraph (6), respectively, and by inserting after paragraph (3) thereof the following new paragraph:

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 PUBLIC LAW 97-331—OCT. 15, 1982

96 STAT. 1621

"(4) in the case of a tire (A) by first-class mail to the most recent purchaser known to the manufacturer; and (B) by public notice in such manner as the Secretary may order after consultation with the manufacturer, if the Secretary determines that such public notice is necessary in the interest of motor vehicle safety, after considering (i) the magnitude of the risk to motor vehicle safety caused by the defect or failure to comply; and (ii) the cost of such public notice as compared to the additional number of owners who could be notified as a result of such public notice;"; and (3) in the last sentence thereof— (A) by striking out "(or of a motor vehicle on which such tire was installed as original equipment)"; (B) by inserting "by first-class mail" after "notification" the first place it appears therein; and (C) by striking out "(1) or (2)" and inserting in lieu thereof "(4)(A)". Approved October 15, 1982.

LEGISLATIVE HISTORY—H.R. 6273: HOUSE REPORT No. 97-576 (Comm. on Energy and Commerce). SENATE REPORT No. 97-505 (Comm. on Commerce, Science, and Transportation). CONGRESSIONAL RECORD, Vol. 128 (1982): June 14, considered and passed House. Oct. 1, considered and passed Senate.

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 96 STAT. 1622

PUBLIC LAW 97-332—OCT. 15, 1982

Public Law 97-332 97th Congress An Act Oct. 15, 1982 [H.R. 2528]

^^^°^^^^^'

amendment.

To amend the Economy Act to provide that all departments and agencies may obtain materials or services from other agencies by contract, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 7(a) of the Act of May 21, 1920, entitled "An Act making appropriations for fortifications and other works of defense, for the armament thereof, and for the procurement of heavy ordnance for trial and service, for the fiscal year ending June 30, 1921, and for other purposes" (31 U.S.C. 686(a)), as amended by the Act of June 30, 1932, commonly referred to as the Economy Act of 1932, is amended— (1) by striking out "in a position to supply or equipped to render" and inserting in lieu thereof "in a position or equipped to supply, render, or obtain by contract"; (2) by striking out the first proviso in such section, and by striking out "further" in the second proviso; (3) by striking out "competitive bids" in such second proviso and inserting in lieu thereof "contract"; and (4) by adding at the end thereof the following new sentence: "Any condition or limitation applicable to the procurement funds of any executive department, independent establishment, bureau, or office which places an order or lets a contract under the provisions of this section shall be applied in placing such order or letting such contract.". Approved October 15, 1982.

LEGISLATIVE HISTORY—H.R. 2528: HOUSE REPORT No. 97-456 (Comm. on Government Operations). CONGRESSIONAL RECORD, Vol. 128 (1982): Mar. 23, considered and passed House. Oct. 1, considered and passed Senate.

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 PUBLIC LAW 97-333—OCT. 15, 1982

96 STAT. 1623

Public Law 97-383 97th Congress An Act To establish the Protection Island National Wildlife Refuge, Jefferson County, State of Washington.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Protection Island National Wildlife Refuge Act". SEC. 2. The Congress finds that— (1) Protection Island provides nesting habitat for 72 per centum of the entire seabird population of Puget Sound and the Strait of Juan de Fuca; (2) this island also provides refuge for other species, including the endangered bald eagle and the harbor seal; and (3) this island is a nationally significant environmental resource threatened with destruction through residential and related development. SEC. 3. As used in this Act: (a) The term "refuge" means the Protection Island National Wildlife Refuge that includes those lands and waters, and interests therein, located in Jefferson County, State of Washington, that are depicted on the map entitled "Protection Island National Wildlife Refuge", dated September 1980, and on file at the United States Fish and Wildlife Service. The purposes of the refuge are to provide habitat for a broad diversity of bird species, with particular emphasis on protecting the nesting habitat of the bald eagle, tufted puffin, rhinoceros auklet, pigeon guillemot, and pelagic cormorant; to protect the hauling-out area of harbor seals; and to provide for scientific research and wildlife-oriented public education and interpretation.". (b) The term "Secretary" means the Secretary of the Interior. SEC. 4. (a) Subject to subsections (b) and (c), the Secretary is authorized to acquire lands and waters or interests therein within the boundaries of the refuge by donation, purchase with donated or appropriated funds, or exchange. (b)(1) In the case of any person who is the owner of land as of January 1, 1982, that— (A) is within the boundaries of the refuge and contains a structure, suitable for use as a personal residence, that was located on the land on January 1, 1982; and (B) in the judgment of the Secretary the United States should acquire a fee simple interest therein; the Secretary shall first offer to acquire the land subject to a life use, or, at the option of the owner, to an extended use reservation for a shorter term of years, subject to such terms and conditions as the Secretary deems necessary or appropriate to insure that the land will be used in a manner that is compatible with the purposes for which the refuge is established. (2) Acquisition of land subject to life uses or other extended use reservations under paragraph (1) shall be made on the basis of the fair market value of the land and improvements thereon at the time

Oct. 15, 1982 [H.R. 1486] Protection Island National Wildlife Refuge Act. 16 USC 668dd note.

Definitions.

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 96 STAT. 1624

Notice; publication in Federal Register.

Administration.

Jones Island National Wildlife Refuge, transfer to State of Washington.

PUBLIC LAW 97-333—OCT. 15, 1982

of acquisition less 1 per centum of such value for each year of the reservation. The term of life uses shall be calculated on an actuarial basis. (c) With respect to land within the boundaries of the refuge other than land described in subsection (b), the Secretary, in order to lessen the impact of Federal question on the present owners, shall give special consideration to providing for extended use reservations to the extent compatible with the purposes for which the refuge is established. (d) Any owner of property within the refuge may offer to sell his property to the Secretary for the amount determined by the Jefferson County assessor to be the assessed value of the property as of the date that the offer is tendered. Prior to two years after Congress has appropriated funds to the Secretary to make purchases under this Act, the Secretary may immediately purchase such properties pursuant to such offers, may tender immediate payment for such properties, and may take immediate possession of such properties, in order to accommodate such owners. Any purchase made pursuant to this section shall not be subject to the requirements of the Uniform Relocation Assistance and Real Property Acquisition Policy Act of 1970 (42 U.S.C. 4601-4655). (e) Prior to two years after Congress has appropriated funds to the Secretary to make purchases under this Act, the Secretary shall not acquire any of the property within the refuge by exercising the power of eminent domain except as may be necessary to control public access to concentrated nesting sites within the refuge. SEC. 5. The Secretary shall establish the refuge by publication of a notice to that effect in the Federal Register at such time as he determines that lands, waters, and interests therein sufficient to constitute an efficiently administrable refuge have been acquired. The Secretary may make such minor revisions in the boundaries of the refuge as may be appropriate to carry out the provisions of this Act. SEC. 6. Prior to the establishment of the refuge and thereafter, the Secretary shall administer the lands, waters, and interests therein acquired for the refuge in accordance with the National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd-ee). The Secretary may utilize such additional statutory authority as may be available to him for the conservation and development of wildlife and natural resources, the development of outdoor recreation opportunities compatible with the wildlife resources, and interpretive education as he deems appropriate to carry out the purposes of the refuge. SEC. 7. Beginning October 1, 1982, there are authorized to be appropriated $4,000,000 for acquisition of lands and waters, and interests therein, for the refuge. SEC. 8. In consideration of the prior transfer of certain properties now in the San Juan National Wildlife Refuge by the Washington State Parks and Recreation Commission to the Department of the Interior, the Secretary of the Interior shall transfer all ownership, jurisdiction, and control over the Jones Island National Wildlife

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 PUBLIC LAW 97-333—OCT. 15, 1982

96 STAT. 1625

Refuge, more particularly described as section 10, tract B; section 11, tract A, lots 1, 2, and 3; section 14, tract C, lots 1 to 5 inclusive, and the northeast quarter of the northwest quarter, all of township 36 north, range 3 west, Willamette Meridian, all in the State of Washington, to the State of Washington for use as a public recreation area to be managed in accordance with the applicable laws of the State of Washington. Approved October 15, 1982.

LEGISLATIVE HISTORY—H.R. 1486: HOUSE REPORT No. 97-403 (Comm. on Merchant Marine and Fisheries). SENATE REPORT No. 97-426 (Comm. on Energy and Natural Resources). CONGRESSIONAL RECORD: Vol. 127 (1981): Dec. 15, considered and passed House. Vol. 128 (1982): June 9, considered and passed Senate, amended. Sept. 30, House concurred in Senate amendments.

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 96 STAT. 1626

PUBLIC LAW 97-334—OCT. 15, 1982

Public Law 97-334 97th Congress An Act Oct. 15, 1982 [S. 2457] District of Columbia SelfGovernment and Governmental Reorganization Act, amendment. D.C. Code 47-250 Id.

To eunend the District of Columbia Self-Government and Governmental Reorganization Act to increase the amount authorized to be appropriated as the annual Federal payment to the District of Columbia.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 502 of the District of Columbia Self-Government and Governmental Reorganization Act (D.C. Code, sec. 2501d) is amended by striking out "and for the fiscal year ending September 30, 1982, and for each fiscal year ending after September 30, 1982, the sum of $336,600,000" in the first sentence and inserting in lieu thereof "for the fiscal year ending September 30, 1982, the sum of $336,600,000; and for the fiscal year ending September 30, 1983, and for each fiscal year ending after September 30, 1983, the sum of $361,000,000". Approved October 15, 1982.

LEGISLATIVE HISTORY—S. 2457 (H.R. 5595): HOUSE REPORT No. 97-512 and pt II both accompanying H.R. 5595 (Comm. on the District of Columbia). SENATE REPORT No. 97-471 (Comm. on Governmental Affairs). CONGRESSIONAL RECORD, Vol. 128 (1982): June 21, considered and passed Senate. Aug. 12, H.R. 5595 considered and passed House; S. 2457, amended, passed in lieu. Oct. 1, Senate and House agreed to conference report.

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 PUBLIC LAW 97-335—OCT. 15, 1982

96 STAT. 1627

Public Law 97- 335 97th Congress An Act Relating to the establishment of a permanent boundary for that portion of the Acadia National Park as lies within the town of Isle au Haut, Maine.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Congress finds that— (1) there are significant scenic, educational, natural, and cultural resources in the town of Isle au Haut, Maine; (2) due to the isolated location and traditional resource-based economy of the town's island community, these resources are fragile and deserving of conservation and protection through both public and private efforts; and (3) both residents of the town and visitors to the Acadia National Park will benefit from the establishment of a permanent boundary for the park and the management of parklands on a limited entry, low intensity basis. SEC. 2. Notwithstanding any other provision of law, the permanent boundary of Acadia National Park lying within the town of Isle au Haut, Maine, is hereby established to include only those lands and interests therein as are depicted on the map entitled "Boundary Map, Acadia National Park, Town of Isle au Haut, Maine", numbered 123-80003 and dated October 1981, which map is on file and available for public inspection in the offices of the Department of the Interior and at the Registry of Deeds for Hancock and Knox Counties, Maine. SEC. 3. (a) Within the boundary established by section 2, and as indicated on the map referenced therein, the Secretary of the Interior (hereinafter referred to as "the Secretary") is authorized to acquire lands and interests therein by donation or exchange. The Secretary is authorized and directed to acquire by donation, purchase with donated or appropriated funds, or exchange the tract known as the Hamilton lot in Duck Harbor. No later than one hundred and eighty days from enactment hereof, the Secretary shall convey to the town of Isle au Haut all right, title and interest of the United States in and to those lands under the jurisdiction of the Secretary which lie outside the boundary established by section 2 and within the town of Isle au Haut, subject only to such covenants running with the land as the Secretary and the town agree are necessary to preserve the general character of such lands, which shall include covenants to maintain forever in their natural condition (excepting the cutting of fire trails and the extinguishment of fires) lands above three hundred feet above the mean high water level: Provided, however. That such covenants with respect to lands above three hundred feet and below four hundred feet shall permit the gathering and removal of dead and fallen timber. (b) Notwithstanding any other provisions of this Act, the Secretary is also authorized to accept by donation, as a coholder for enforcement purposes only, a limited enforcement interest in con-

Oct. 15, 1982 [S. 1777] Acadia National Park, Maine, boundary establishment. 16 USC 341 note.

Public inspection. 16 USC 341 note.

Land acquistion. 16 USC 341 note.

Land conveyance.

Enforcement.

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 96 STAT. 1628

Parkland preservation. 16 USC 341 note.

Report.

Report to congressional committees.

Review and revision.

PUBLIC LAW 97-335—OCT. 15, 1982

servation easements on lands outside the boundary established by section 2 hereof and within the town of Isle au Haut which may from time to time be donated to the Isle au Haut Land Conservation Trust, a trust established under the laws of the State of Maine. The Superintendent of Acadia National Park is hereby authorized to serve as an ex officio trustee of such trust. SEC. 4. (a) The management and use of parklands on Isle au Haut shall not interfere with the maintenance of a viable local community with a traditional resource-based economy outside the boundary of the park. To the maximum extent practicable, no development or plan for the convenience of park visitors shall be undertaken which would be incompatible with the preservation of the flora and fauna or the physiographic conditions now prevailing, and every effort shall be exerted to maintain and preserve this portion of the park in as nearly its present state and condition as possible. In recognition of the special fragility and sensitivity of the park's resources, visitation shall be strictly limited to assure negligible adverse impact on such resources, to conserve the character of the town and to protect the quality of the visitor experience. (b) In furtherance of the purpose of subsection (a) of this section, the Secretary shall prepare a report establishing carrying capacities for the Isle au Haut portion of Acadia National Park. The report shall be prepared and the carrying capacities established with public participation and in consultation with the town of Isle au Haut and other interested parties. (c) The Secretary shall transmit the report to the Energy and Natural Resources Committee of the Senate and the Interior and Insular Affairs Committee of the House of Representatives no later than six months from the date of enactment of this Act. The Secretary shall begin implementing the carrying capacities contained in the report sixty days after the report has been transmitted to the committees. (d) Carrying capacities established pursuant to this section shall be reviewed, and if necessary revised, every five years. Any revision in such carrying capacity shall be made in accordance with the procedures set forth in subsections (b) and (c) of this section. (e) Until such time as a carrying capacity limitation is established and implemented pursuant to subsections 0)) and (c) of this section, the Secretary shall take such temporary measures as are necessary to assure that visitation does not exceed the average annual visitation for the period 1979 to 1981.

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 PUBLIC LAW 97-335—OCT. 15, 1982

96 STAT. 1629

SEC. 5. There are hereby authorized to be appropriated after October 1, 1982, such sums as may be necessary to carry out the provisions of this Act. Approved October 15, 1982.

LEGISLATIVE HISTORY—S. 1777: SENATE REPORT No. 97-425 (Comm. on Energy and Natural Resources). CONGRESSIONAL RECORD, Vol. 128 (1982): June 10, considered and passed Senate. Sept. 30, considered and passed House.

Appropriation ig usc^^lfnote

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 96 STAT. 1630

PUBLIC LAW 97-336—OCT. 15, 1982

Public Law 97-336 97th Congress An Act Oct. 15, 1982 [S. 2375]

Defense Act1)Ti950 extension ' 95 Stat. 954.

.J.Q extend the expiration date of the Defense Production Act of 1950.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the first sentence of section 717(a) of the Defense Production Act of 1950 (50 U.S.C. App, 2166(a)) is amended by striking out "September 30, 1982" and inserting in lieu thereof "March 31, 1983". Approved October 15, 1982.

LEGISLATIVE HISTORY—S. 2375 (S. 1135): SENATE REPORTS: No. 97-412 (Comm. on Banking, Housing, and Urban Affairs) and No. 97-93 accompanying S. 1135 (Comm. on Banking, Housing, and Urban Affairs). CONGRESSIONAL RECORD, Vol. 128 (1982): Oct. 1, considered and passed Senate; considered and passed House, amended; Senate concurred in House amendments.

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 PUBLIC LAW 97-337—OCT. 15, 1982

96 STAT. 1681

Public Law 97-337 97th Congress An Act To amend title 10, United States Code, to provide additional standards for determining the amount of space to be programed for military retirees and their dependents in medical facilities of the uniformed services, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 1087 of title 10, United States Code, relating to the programing of space for care of retired members and their dependents, is amended— (1) by inserting "(a)" before "Space for"; and (2) by striking out the second sentence and inserting in lieu thereof the following: "The maximum amount of space that may be so programed for a facility is the greater of— "(1) the amount of space that would be so programed for the facility in order to meet the requirements to be placed on the facility for support of the teaching and training of health-care professionals; and "(2) the amount of space that would be so programed for the facility based upon the most cost-effective provision of inpatient and outpatient care to persons covered by sections 1074(b) and 1076(b) of this title. "(b)(1) In making determinations for the purposes of clauses (1) and (2) of subsection (a), the Secretary concerned shall take into consideration— "(A) the amount of space that would be so programed for the facility based upon projected inpatient and outpatient workloads at the facility for persons covered by sections 1074(b) and 1076(b) of this title; and "(B) the anticipated capability of the medical and dental staff of the facility, determined in accordance with regulations prescribed by the Secretary of Defense and based upon realistic projections of the number of physicians and other health-care providers that it can reasonably be expected will be assigned to or will otherwise be available to the facility. "(2) In addition, a determination made for the purpose of clause (2) of subsection (a) shall be made in accordance with an economic analysis (including a life-cycle cost analysis) of the facility and consideration of all reasonable and available medical care treatment

Oct. 15, 1982 [H.R. 3278] '

Military retirees and dependents. Medical facilities.

10 USC 1074, 1076.

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 96 STAT. 1632

PUBLIC LAW 97-337—OCT. 15, 1982

alternatives (including treatment provided under a contract under 10 USC 1086. section 1086 of this title or under part A of title XVIII of the Social 42 USC 1395c. Security Act).". Effective SEC. 2. The amendment made by paragraph (2) of the first section fo use 1087 °^ ^^ ^^ ^*^^ apply oiily with respect to a facility for which funds note. for construction (or a major alteration) are first appropriated for a fiscal year after fiscal year 1983. Approved October 15, 1982.

LEGISLATIVE HISTORY—H.R. 3278: HOUSE REPORT No. 97-857 (Comm. on Armed Services). CONGRESSIONAL RECORD, Vol. 128 (1982): Sept. 28, considered and passed House. Oct. 1, considered and passed Senate.

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 PUBLIC LAW 97-338—OCT. 15, 1982 Public Law 97-388 97th Congress

96 STAT. 1633

An Act

To authorize the Secretary of the Interior to participate with the State of Nebraska in studies of Platte River water resource use and development, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Interior is hereby authorized to engage in a special study to assist the State of Nebraska in establishing water resource conservation and development priorities, consistent with constitutional and statutory provisions of the State of Nebraska, in the Platte River Basin from the western border of the State of Nebraska to the confluence of the Platte and Missouri Rivers. The purposes of the study shall be to— (a) determine the availability of water resources within the basin; (b) identify, define, and quantify the existing and foreseeable intrabasin and interbasin demands on such resources within the State of Nebraska (including irrigation, ground water stabilization and recharge, enhancement of water quality, small community and rural domestic water supplies, management of fish and wildlife habitat, public outdoor recreation, preservation of scenic qualities, flood control, hydroelectric power development, municipal and industrial water supplies, and such other demands as the study may identify); (c) identify, evaluate, and estimate costs for alternative methods of meeting the identified water demands, including but not limited to withdrawals from the Platte River, groundwater pumping, water conservation, and improved water management; and (d) resolve the identified conflicts by making specific recommendations on the full and best utilization of the available water supply, including a priority ranking for implementing recommended water conservation and development projects. SEC. 2. The special study authorized by section 1 of this Act shall be a Federal-State study conducted jointly by the Bureau of Reclamation and the Nebraska Natural Resources Commission. The broadly constituted study body responsible for making the recommendations required by section 1 shall consist of such citizens, representatives of agricultural, environmental and development groups, State and local officials, and Federal agency representatives as the Governor of Nebraska and the Secretary shall jointly determine. Federal agencies invited to participate shall include, but not be limited to, the U.S. Geological Survey, the U.S. Fish and Wildlife Service, and the Environmental Protection Agency. The special study authorized by section 1 of this Act shall be completed within thirty months after funds are first appropriated under this Act. SEC. 3. (a) There is hereby authorized to be appropriated the sum of $350,000 to carry out section 1 of this Act. One-half of this sum shall be made available as a grant to the Nebraska Natural Re-

Oct. 15, 1982 [H.R. 6188] Platte River, Nebr. Federal-State study.

Study completion. Appropriation authorization.

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 96 STAT. 1634

PUBLIC LAW 97-338—OCT. 15, 1982

sources Commission and shall be matched equally by direct contribution or inkind services by the State of Nebraska, its political subdivisions, or other non-Federal entities. (b) The sums expended or services provided by the State of Nebraska, its political subdivisions, or other non-Federal entities after March 9, 1982, for the purposes of this Act shall be considered in the determination of the matching non-Federal share. Approved October 15, 1982.

LEGISLATIVE HISTORY—H.R. 6188: HOUSE REPORT No. 97-713 (Comm. on Interior and Insular Affairs). SENATE REPORT No. 97-562 (Comm. on Energy and Natural Resources). CONGRESSIONAL RECORD, Vol. 128 (1982): Aug. 16, considered and passed House. Oct. 1, considered and passed Senate.

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 PUBLIC LAW 97-339—OCT. 15, 1982

96 STAT. 1635

Public Law 97-839 97th Congress An Act To authorize appropriations under the Arms Control and Disarmament Act, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Arms Control and Disarmament Amendments Act of 1982". SEC. 2. (a) Section 49(a) of the Arms Control and Disarmament Act (22 U.S.C. 2589(a)) is amended to read as follows: "SEC. 49. (a) To carry out the purposes of this Act, there are authorized to be appropriated— "(1) for the fiscal year 1982, $18,268,000, "(2) for the fiscal year 1983, $19,893,852, and "(3) such additional amounts, for each such fiscal year, as may be necessary for increases in salary, pay, retirement, other employee benefits authorized by law, and other nondiscretionary costs, and to offset adverse fluctuations in foreign currency exchange rates. Amounts appropriated under this subsection are authorized to remain available until expended.". SEC. 3. Section 45(a) of the Arms Control and Disarmament Act (22 U.S.C. 2535(a)) is amended by inserting the following new sentence after the second sentence thereof: "In the case of persons detailed from other Government agencies, the Director may accept the results of full-field background security and loyalty investigations conducted by the Department of Defense or the Department of State as the basis for the determination required by this subsection that the person is not a security risk or of doubtful loyalty.".

Oct. 15, 1982 [H.R. 3467] Arms Control and Disarmament Amendments Act of 1982. 22 USC 2551 note.

22 USC 2585.

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 96 STAT. 1636

PUBLIC LAW 97-339—OCT. 15, 1982

SEC. 4. Section 31(c) of the Arms Control and Disarmament Act (22 U.S.C. 2571) is amended by inserting "and of all aspects of antisatellite activities" immediately before the semicolon. Approved October 15, 1982.

LEGISLATIVE HISTORY—H.R. 3467 (S. 1193): HOUSE REPORT No. 97-55 (Comm. on Foreign Affairs). SENATE REPORT No. 97-430 (Comm. on Foreign Relations). CONGRESSIONAL RECORD: Vol. 127 (1981): June 8, considered and passed House. Vol. 128 (1982): Oct. 1, considered and passed Senate, amended; House agreed to Senate amendment.

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", poor little Snoop!" whispered Freddie, right into his kitten's ear. "I'm so glad I got you back again!"

"So are we all," said a kind lady passenger who had been in the searching party. "You have had quite some trouble for a small boy, with two animals to take care of."

Everybody seemed pleased that the mischievous boys' pranks had not hurt the cat, for Snoop was safe enough in the stove, only, of course, it was very dark and close in there, and Snoop thought he surely was deserted by all his good friends. Perhaps he expected Freddie would find him, at any rate he immediately started in to "purr-rr," in a cat's way of talking, when Freddie took him in his arms, and fondled him.


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 PUBLIC LAW 97-340—OCT. 15, 1982

96 STAT. 1631

Public Law 97-840 97th Congress An Act To provide for the conveyance of certain lands in Alaska comprising trade and trade manufacturing site A-056802 without regard to the eighty-rod limitation provided by existing law.

Oct. 15, 1982 [H.R. 1281]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That subject to theAlaska, certain requirements provided in section 2 of this Act, the Secretary of the lands, conveyance. Interior is authorized to reconsider and act upon trade and manufacturing claim application A-056802, comprising approximately 16.33 acres in the State of Alaska, under section 10 of the Act of May 14, 1898 (30 Stat. 413, as amended and supplemented, 43 U.S.C. 687a), without regard to the eighty-rod limitation contained in the first proviso of that section. The land comprising trade and manufacturing claim A-056802 is located between Nuyakuk and Tikchik Lakes in protracted section 36, T. 2 S., R. 54 W., Seward meridian. SEC. 2. Notwithstanding the payment provisions in section 10 of Fair market the Act of May 14, 1898, the Secretary of the Interior shall require value, payment. payment of fair market value for the approximately 6.27 acres authorized to be conveyed under this Act in excess of the approximately 10.06 acres to which the Secretary has determined the applicant would have been entitled under section 10, had the eightyrod limitation therein been applicable. Fair market value shall be determined by the Secretary as of the date of filing of such trade and manufacturing claim application A-056802, and shall not include the value of any enhancement of the land. SEC. 3. The Secretary of the Interior shall not convey any land under this Act unless and until the State of Alaska conveys to the United States all right, title, and interest that it has in that portion

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 96 STAT. 1638

48 USC note prec. ^1.

PUBLIC LAW 97-340—OCT. 15, 1982

of the land included in trade and manufacturing claim application A-056802 that has been selected under the Alaska Statehood Act of July 7, 1958 (72 Stat. 339, as amended), and tentatively approved, Qj^^ warrants that it has not alienated or conveyed any interests in these lands to a third party. The State of Alaska is hereby authorized to make such a conveyance regarding such portion of such lands, notwithstanding any other provision of law. Approved October 15, 1982.

LEGISLATIVE HISTORY—H.R. 1281: HOUSE REPORT No. 97-357 (Comm. on Interior and Insular Affairs). SENATE REPORT No. 97-560 (Comm. on Energy and Natural Resources). CONGRESSIONAL RECORD: Vol. 127 (1981): Dec. 15, considered and passed House. Vol. 128 (1982): Oct. 1, considered and passed Senate.

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 PUBLIC LAW 97-341—OCT. 15, 1982

96 STAT. 1639

Public Law 97 -341 97th Congress An Act To provide for a study of grazing phaseout at Capitol Reef National Park, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. Where any Federal lands included within the boundary of Capitol Reef National Park are legally occupied or utilized on the date of enactment of this Act for grazing purposes, pursuant to a lease, permit, or license which is— (1) for a fixed term of years issued or authorized by any department, establishment, or agency of the United States, and (2) scheduled for termination before December 31, 1992, notwithstanding the provisions of section 3 of the Act of December 18, 1971, entitled "An Act to establish the Capitol Reef National Park in the State of Utah" (85 Stat. 740; 16 U.S.C. 273b), the Secretary of the Interior shall allow the persons holding such grazing privileges (or their heirs) to retain such grazing privileges until December 31, 1994. SEC. 2. The Secretary of the Interior, acting through the Director of the National Park Service, in cooperation with the Director of the Bureau of Land Management, shall take such steps as may be necessary to, within ninety days after the enactment of this Act, enter into a contract with the National Academy of Sciences for the purpose of conducting a study of grazing in Capitol Reef National Park and vicinity to: (1) determine the historic and current impact of grazing upon the natural ecosystem and cultural resources of the park; (2) determine the impacts of grazing upon visitor use within the park; (3) evaluate alternatives to grazing within Capitol Reef National Park including means to increase grazing carrying capacity on adjacent Bureau of Land Management lands; (4) determine the economic impact upon grazing permit holders, and on the local economy, if such permits were terminated; and (5) include such other information and findings as may be deemed necessary by the Secretary of the Interior. Such study shall be conducted in accordance with the best scientific methodology (as set forth by the National Academy of Sciences) and shall be transmitted by the National Academy of Sciences to the Committee on Energy and Natural Resources of the United States Senate, to the Committee on Interior and Insular Affairs of the United States House of Representatives, and to the Director of the National Park Service no later than January 1, 1992. Progress reports regarding the study shall be transmitted to the above Committees on January 1, 1984, and January 1 of each year thereafter. SEC. 3. There are hereby authorized to be appropriated such sums as may be necessary to carry out the purposes of this Act. No

Oct. 15, 1982 [S. 1872] Capitol Reef National Park, grazing phaseout study. 16 USC 273b note.

Contract. 16 USC 273b note.

Transmittal to congressional committees.

Appropriation authorization. 16 USC 273b note.

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 96 STAT. 1640

PUBLIC LAW 97-341—OCT. 15, 1982

authority under this Act to enter into contracts or to make payments shall be effective except to the extent and in such amounts as provided in advance in appropriations Acts. Nothing in this section shall be construed to prevent the Secretary of the Interior from utilizing, for purposes of the contract referred to in section 2, funds which are available to the Secretary for such purposes under authority of law. Approved October 15, 1982.

LEGISLATIVE HISTORY—S. 1872: HOUSE REPORT No. 97-823 (Comm. on Interior and Insular Affairs). SENATE REPORT No. 97-448 (Comm. on Energy and Natural Resources). CONGRESSIONAL RECORD, Vol. 128 (1982): June 9, considered and passed Senate. Sept. 20, considered and passed House, amended. Sept. 30, Senate concurred in House amendments, with amendments; House concurred in Senate amendments.

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 PUBLIC LAW 97-342—OCT. 15, 1982

96 STAT. 1641

Public Law 97-342 97th Congress An Act To authorize the transfer of nine naval vessels to certain foreign governments.

Oct. 15, 1982 [H.R. 7115]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That the approval Nine naval of the Congress required by section 7307(b)(1) of title 10, United vessels, transfer to certain States Code, is hereby granted for the sale under section 21 of the foreign Arms Export Control Act (22 U.S.C. 2761) of a vessel of the United governments. States Navy, as follows: the sale of one auxiliary drydock of the ARD 12 class to the Government of Ecuador. SEC. 2. (a) The approval of the Congress required by section 7307(b)(l) of title 10, United States Code, is hereby granted for the lease under chapter 6 of the Arms Export Control Act (22 U.S.C. 95 Stat. 1524. 2796-2796c) of vessels of the United States Navy, as follows: (1) The lease of two patrol combatants of the AshevUle class to the Government of Colombia. (2) The lease of three fast patrol boats of the Osprey class to the Government of the Dominican Republic. (3) The lease of one oceanographic research ship of the Conrad class to the Government of Mexico. (4) The lease of one destroyer tender of the Arcadia class to the Government of Pakistan. (5) The lease of one destroyer tender of the Dixie class to the Government of Turkey. (b)(1) Except as provided in section 3, section 62 of the Arms Export Control Act (22 U.S.C. 2796a) shall not apply with respect to 95 Stat. 1525. the leases described in subsection (a) of this section. (2) The requirement contained in section 61(a)(3) of the Arms Export Control Act (22 U.S.C. 2796(a)(3)) shall not apply to a lease 95 Stat. 1524. described in subsection (a) of this section which would otherwise be subject to that requirement; however, any expense of the United States in connection with any such lease shall be charged to the government to which the vessel is leased. (3) Notwithstanding section 321 of the Act of June 30, 1932 (40 U.S.C. 303b), the lease of a vessel described in subsection (a) of this section may provide, as part or all of the consideration for the lease, for the maintenance, protection, repair, or restoration of the vessel by the lessee.

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 96 STAT. 1642 Expiration.

95 Stat. 1525.

PUBLIC LAW 97-342—OCT. 15, 1982

SEC. 3. The approval to transfer naval vessels granted by this Act shall expire at the end of the two-year period beginning on the date of the enactment of this Act, but a lease for any such vessel which is entered into before the end of that period may be renewed in accordance with this Act, subject to the reporting requirement of section 62 of the Arms Export Control Act.

22 USC 2796a.

Approved October 15, 1982.

LEGISLATIVE HISTORY—H.R. 7115 (S. 2965): HOUSE REPORTS: No. 97-843 pt. I (Comm. on Armed Services) and pt. II (Comm. on Foreign Affairs). SENATE REPORT No. 97-595 accompanying S. 2965 (Comm. on Armed Services). CONGRESSIONAL RECORD, Vol. 128 (1982): Sept. 28, considered and passed House. Oct. 1, considered and passed Senate.

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 PUBLIC LAW 97-343—OCT. 15, 1982

96 STAT. 1643

Public Law 97-343 97th Congress Joint Resolution To provide for the designation of the week of December 12, 1982, through December 18, 1982, as "National Drunk and Drugged Driving Awareness Week".

Whereas traffic accidents cause more violent deaths in the United States than any other cause, over fifty thousand in 1980; Whereas traffic accidents also play a substantial role in serious injuries in this country; Whereas between 40 and 55 per centum of drivers who are fatally injured have alcohol concentrations in their blood above the legal limit and this figure rises to 55 to 65 per centum in single vehicle crashes; Whereas the total societal cost of drunk driving has been estimated anywhere from $5,000,000,000 to $25,000,000,000 a year, which does not include the human suffering that can never be measured; Whereas there are increasing reports of driving after drug use and accidents involving drivers who have used marihuana or other illegal drugs; Whereas more research is needed on the effects of drugs on driving ability and their impact on the incidence of traffic accidents, either alone or in combination with alcohol; Whereas an increased public awareness of the gravity of the problem of drugged driving may warn drug users to refrain from driving and may stimulate interest in increased research on the effects of drugs on driving ability and the incidence of traffic accidents; Whereas the public, particularly through the work of citizens groups such as Mothers Against Drunk Driving (MADD) and Remove Intoxicated Drivers (RID), is demanding a solution to the problem of drunk driving; Whereas the President has appointed a Commission on Drunk Driving to heighten public awareness and stimulate the pursuit of solutions; Whereas many States have appointed task forces to examine the existing drunk driving program and make recommendations for a renewed, comprehensive approach; Whereas an increase in the national awareness of the problem of drunk and drugged driving may help to sustain current efforts to develop comprehensive solutions at the State and local levels; and

——'[S.J. Res. 241]

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Page:United States Statutes at Large Volume 96 Part 2.djvu/282

 96 STAT. 1644

National Drunk MvirT"^^^^ Awareness Week.

PUBLIC LAW 97-343—OCT. 15, 1982

Whereas the Christmas and New Year's hoUday period, with more drivers on the roads and an increased number of social functions, is a particularly appropriate time to focus national attention on this critical problem: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the week of December 12, 1982, through December 18, 1982, is designated as "National Drunk and Drugged Driving Awareness Week", and the President is authorized and requested to issue a proclamation calling upon the people of the United States to observe that week with appropriate activities. Approved October 15, 1982.

LEGISLATIVE HISTORY—S.J. Res. 241: CONGRESSIONAL RECORD, Vol. 128 (1982): Sept. 15, considered and passed Senate. Sept. 30, considered and passed House.

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Page:United States Statutes at Large Volume 96 Part 2.djvu/283

 PUBLIC LAW 97-344—OCT. 15, 1982

96 STAT. 1645

Public Law 97-344 97th Congress An Act To provide for the partitioning of certain restricted Indian land in the State of Kansas.

Oct. 15, 1982 [S. 478]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That any owner of 9®^3^^ restricted Indian an interest in the following lands: land, Kans. (1) the north half southeast quarter of section 25, and 14 acres Partitioning. on the south side of southeast quarter northeast quarter of section 25 township 11 south, range 22 east, sixth principal meridian, Kansas, containing 94 acres and also known as the Newton McNeer Shawnee Reserve Numbered 206; (2) the southeast quarter northwest quarter of section 12, township 12 south, range 23 east, sixth principal meridian, Kansas, containing 20 acres and also known as the Black Snake Shawnee Allotment Numbered 69; (3) the east half, southwest quarter, section 13, township 19 south, range 24 east, sixth principal meridian, Kansas, containing 80 acres and known as the Maria Christiana Miami Allotment, lands derived from a patent under the Act of March 3, 1859 (11 Stat. 430) may commence an action in the United States District Court for Kansas to partition the same in kind or for the sale of such land in accordance with the laws of the State of Kansas. Moneys resulting from a sale in lieu of partition shall be distributed and administered through trust accounts of the Bureau of Indian Affairs in the case of Indian heirs. Moneys of non-Indian heirs shall be turned over to the appropriate State court in Kansas for distribution and administration in accordance with the laws of Kansas. For the purpose of such action, the Indian owners shall be regarded as vested with an unrestricted fee simple title to their interests in the land and the United States shall be a necessary party to the proceedings. Any conveyance ordered by the court in such proceedings will be made in unr^ricted fee simple to nonIndian grantees and in a restricted fee to Indian grantees. Approved October 15, 1982.

LEGISLATIVE HISTORY—S. 478: HOUSE REPORT No. 97-341 (Comm. on Interior and Insular Affairs). SENATE REPORT No. 97-107 (Comm. on Indian Affairs). CONGRESSIONAL RECORD: Vol. 127 (1981): May 21, considered and passed Senate. Dec. 15, considered and passed House, amended. Vol. 128 (1982): Oct. 1, Senate concurred in House amendment.

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Page:United States Statutes at Large Volume 96 Part 2.djvu/284

 96 STAT. 1646

PUBLIC LAW 97-345—OCT. 15, 1982

Public Law 97-345 97th Congress An Act Oct. 15, 1982 [S. 1573]

To exempt the Lake Osw^o, O r ^ n, hydroelectric facility from part I of the Federal Power Act (Act of June 10, 1920) as amended, and for other purposes.

Be it enacted by the Senate and House of Representatives of the Lake Oswego, United States of America in Congress assembled. That part I of the hvdfo'eiectric Federal Power Act (Act of June 10, 1920) as amended, and section facility. 408 of the Energy Security Act (Act of June 30, 1980), shall not be 16 USC 791a. applicable to the Lake Oswego, Oregon, hydroelectric facility or 16 USC 2701 Lake Oswego, until and unless otherwise provided by the Congress. note, Z7U5, Z7U8. Notwithstanding the preceding sentence, this Act shall not be construed to affect the applicability of the Fish and Wildlife Coordination Act (16 U.S.C. 661 et seq.) to the Lake Oswego, Oregon, hydroelectric facility or to Lake Oswego. Approved October 15, 1982.

LEGISLATIVE HISTORY—S. 1573: HOUSE REPORT No. 97-893 (Comm. on Energy and Commerce). SENATE REPORT No. 97-387 (Comm. on Energy and Natural Resources). CONGRESSIONAL RECORD, Vol. 128 (1982): May 19, considered and passed Senate. Sept. 30, considered and passed House, amended. Oct. 1, Senate concurred in House amendment.

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Page:United States Statutes at Large Volume 96 Part 2.djvu/285

 PUBLIC LAW 97-346—OCT. 15, 1982

96 STAT. 1647

Public Law 97-346 97th Congress An Act To amend title 5, United States Code, to provide training opportunities for employees under the Office of the Architect of the Capitol and the Botanic Garden, and for other purposes.

Oct. 15, 1982 [H.R. 5145]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That (a) chapter 41Office of the of title 5, United States Code, relating to employee training pro- Architect of the Capitol and grams, is amended by adding at the end thereof the following new Botanic Garden. Employee section: "§4119. Training for employees under the Office of the Architect of the Capitol and the Botanic Garden "(a) The Architect of the Capitol may, by regulation, make applicable such provisions of this chapter as the Architect determines necessary to provide for training of (1) individuals employed under the Office of the Architect of the Capitol and the Botanic Garden and (2) other congressional employees who are subject to the administrative control of the Architect. The regulations shall provide for training which, in the determination of the Architect, is consistent with the training provided by agencies under the preceding sections of this chapter. "(b) The Office of Personnel Management shall provide the Architect of the Capitol with such advice and assistance as the Architect may request in order to enable the Architect to carry out the purposes of this section,". (b) The table of sections for chapter 41 of title 5, United States Code, is amended by adding at the end thereof the following new item:

training. 5 USC 4101 et seq. 5 USC 4119.

"4119. Training for employees under the Office of the Architect of the Capitol and the Botanic Garden.".

SEC. 2. Section 5401(b) of title 5, United States Code, is amended by striking out "paragraph (2)" in paragraph (1) and inserting in lieu thereof "paragraphs (2) and (3)", and by adding at the end thereof the following: "(3) This chapter shall not apply to individuals employed under the Office of the Architect of the Capitol or the Botanic Garden.". SEC. 3. (a) Sections 8332(c)(1)(A), 83320)(2)(A), and 83340")(1) of title 5, United States Code, as amended by title III of the Omnibus Budget Reconciliation Act of 1982, are each amended by striking out Ante, pp. 795, 796. "month" and inserting in lieu thereof "period". (b) Section 8332(c)(1)(B) of such title 5 (as so amended) is amended Ante, p. 795 to read as follows: "(B) the service of an individual who first becomes an employee or Member on or after October 1, 1982, shall include credit for— "(i) each period of military service performed before January 1, 1957, and

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Page:United States Statutes at Large Volume 96 Part 2.djvu/286

 96 STAT. 1648

Ante, p. 796. Ante, p. 793.

Ante, p. 796.

5 USC.8331 note. Ante, p. 795.

5 USC 8801 et seq. Regulations. Ante, p. 796.

Ante, p. 794.

5 USC 5532 note. Ante, p. 790.

5 USC 5532 note. Information disclosure.

PUBLIC LAW 97-346—OCT. 15, 1982

"(ii) each period of military service performed after December 31, 1956, and before the separation on which the entitlement to annuity under this subchapter is based, only if a deposit (with interest, if any) is made with respect to that period, as provided in section 8334(j) of this title.". (c) Section 8334(e)(3) of such title 5 (as so amended) is amended by striking out "calendar" the second and third times such term appears and inserting in lieu thereof "fiscal". (d) Section 8334(h) of such title 5 (as so amended) is amended by striking out "and (d)" and inserting in lieu thereof ", (d), and 0) • (e)(1) Section 8334(j)(l) of such title 5 (as so amended) is amended by striking out "within 90 days after the effective date of this subsection', and by striking out all that follows "December 1956" and inserting in lieu thereof a period and the following: "The amount of such payments shall be based on such evidence of basic pay for military service as the employee or Member may provide, or if the Office determines sufficient evidence has not been so provided to adequately determine basic pay for military service, such payment shall be based upon estimates of such basic pay provided to the Office under paragraph (4).". (2) Section 306(g) of the Omnibus Budget Reconciliation Act of 1982 is amended by striking out the period and inserting the following: "; except that any employee or Member who retired after the date of the enactment of this Act and before October 1, 1983, or is entitled to an annuity under chapter 83 of title 5, United States Code, based on a separation from service occurring during such period, or a survivor of such individual, may make a payment under section 8334(j)(l) of title 5, United States (Dode. Regulations required to be issued under section 8334(j)(l) of title 5, United States Code, shall be issued by the Office of Personnel Management within 90 days after such effective date.". (f) Section 8342(a)(l)(B) of such title 5 {as so amended) is amended by striking out "such position" and inserting in lieu thereof "such a position". (g) Section 8348(a)(l)(B) of such title 5 is amended by inserting after "title" the following: "and in withholding taxes pursuant to section 3405 of title 26". (h)(1) Section 301(d)(l) of the Omnibus Budget Reconciliation Act of 1982 is amended by inserting after "such position" the following: ", in accordance with regulations issued by the Office of Personnel Management," and by inserting after the first sentence the following: "For purposes of the preceding sentence, the amount of any increase in any individuals retired or retainer pay which takes effect during any fiscal year shall be determined on the basis of the additional amount such individual receives after the application of the preceding provisions of this section and section 5532(b) and (c) of title 5, United States Code.". (2) Section 301(d)(4) of such Act is amended by striking out "reduction in" and inserting in lieu thereof "deduction from". (3) Section 301(d) of such Act is amended by adding at the end thereof the following new paragraph: "(5) The Secretary of Commerce, the Secretary of Defense, the Secretary of Health and Human Services, or the Secretary of Transportation, as appropriate, shall furnish such information to employing agencies, the Secretary of the Senate, and the Clerk of the House of Representatives as may be necessary for the administration of this subsection.".

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Page:United States Statutes at Large Volume 96 Part 2.djvu/287

 PUBLIC LAW 97-346—OCT. 15, 1982

96 STAT. 1649

(i) Section 302(c) of such Act is amended in paragraph (1) by striking out ", and shall apply with respect to individuals retiring on or after such date" and in paragraph (3) by inserting Eifter "who" the following: "is separated from employment as a technician on or after October 1, 1982. Such subsection (h) shall also apply to any technician". (j)(l) Section 303(d)(l) of such Act is amended by striking out "made" and inserting in lieu thereof "for which application is received by either the employing agency or the Office of Personnel Management" and by adding at the end thereof the following: "Notwithstanding the preceding two sentences, the amendments made by subsection (a) shall apply in the case of any deposit for military service under section 8334(j) of title 5, United States Code (as added by section 306(d) of this Act), regardless of whether such military service was performed before or after October 1, 1982.". (2) Section 8344(a) of such title 5 is amended in the second sentence by inserting after "pay" the following: "unless the individual elects to have such deductions withheld under subparagraph (A)", in subparagraph (A), by inserting before "his annuity" the following: "deductions for the Fund may be withheld from his pay (if the employee so elects), and", and, in the eighth sentence, by inserting after "Fund" the following: "(to the extent deposits or deductions have not otherwise been made)". (k)(l) Section 307(a) of such Act is amended by inserting after "this Act" the following: "or who is entitled to an annuity based on a separation from service occurring on or before such date of enactment". (2) Section 307(b) of such Act is amended by striking out "insurance benefits under section 202(a)" and inserting in lieu thereof "or survivors' insurance benefits under section 202" and by inserting after "such old-age" the following: "or survivors' ". (3) Section 307(d)(1) of such Act is amended by striking out "insurance benefits under section 202(a)" and inserting in lieu thereof "or survivors' insurance benefits under section 202". (1) Section 310(b)(l) of such Act is amended by inserting "pay periods beginning in" before "fiscal years" and by striking out "under the General Schedule" and inserting in lieu thereof "as defined in section 5504(b) of title 5, United States Code". (m) Section 351 of such Act is amended— (1) by striking out subsection (c) and redesignating subsections (d) and (e) as subsections (c) and (d), (2) in subsection (c), as so redesignated— (A) by striking out "The" and inserting in lieu thereof "(1) Except as provided in paragraph (2), the", and (B) by adding at the end thereof the following new paragraph: "(2) The amendments made by this section shall not apply to any employee who is serving a tour of duty at a post of duty in Alaska or Hawaii on the date of the enactment of this Act during— "(A) such tour of duty, and "(B) any other consecutive tour of duty following such tour of duty.", and (3) by striking out "subsections (c) and (d)" in subsection (d), as so redesignated, and inserting in lieu thereof "subsection (c)".

^n^e> P "792. ^ ^°^ ^^^^ "°*®

Ante, p. 793. 5 USC 8334 note.

Ante, p. 796.

Ante,_p. 797. ^ ^^ ^^^^ '^°^-

^"f|'P;'^^^5 USC 5504 note. Ante, p. 800. ^ ^^^ ^^^^ "°*®-

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Page:Bobbsey Twins at the Seashore.djvu/37

Rh "We had better have our lunch now," suggested Mrs. Bobbsey, "I'm sure the children are hungry."

"It's just like a picnic," remarked Flossie, when Dinah handed around the paper napkins and Mrs. Bobbsey served out the chicken and cold-tongue sandwiches. There were olives and celery too, besides apples and early peaches from Uncle Daniel's farm.

"Let us look at the timetable, see where we are now, and then see where we will be when we finish," proposed Bert.

"Oh yes," said Nan, "let us see how many miles it takes to eat a sandwich."

Mr. Bobbsey offered one to the conductor, who just came to punch tickets.

"This is not the regular business man's five-minute lunch, but the five-mile article seems more enjoyable," said Mr. Bobbsey.

"Easier digested," agreed the conductor, accepting a sandwich. "You had good chickens out at Meadow Brook," he went on, complimenting the tasty morsel he was chewing with so much relish.

"Yes, and ducks," said Freddie, which


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Page:United States Statutes at Large Volume 96 Part 2.djvu/288

 96 STAT. 1650 Effective date. 5 USC 8332 note. Ante, p. 763. 5 USC 8906 note.

95 Stat. 756.

Effective date. 5 USC 3595 note.

PUBLIC LAW 97-346—OCT. 15, 1982

(n) The amendments made by this section shall take effect as of the date of the enactment of the Omnibus Budget Reconciliation Act of 1982. SEC. 4. (a) The Office of Personnel Management shall determine the amount by which the Government contribution under section 8906(b) of title 5, United States Code, for the 1983 contract year is less than the Government contribution which would have been determined under such section 89060)) for such contract year if the Government contribution had been calculated by using the two employee organization plans which in 1981 satisfied the standard set forth in section 8906(a)(3) of such title. Ob) The Government shall pay the amount of the difference determined under subsection (a) to the contingency reserves of all health benefits plans for contract year 1983 in proportion to the estimated number of individuals enrolled in such plans during 1983. Such payments shall be paid by the appropriate agencies (including the Postal Service and the Postal Rate Commission) from the appropriations referred to in section 8906(f) and (g) of title 5, United States Code, in the same manner as if such payments were Government contributions, and in amounts determined appropriate by the Office of Personnel Management. SEC. 5. (a) Subparagraph (B) of section 3595a3)(3) of title 5, United States Code, is amended by inserting "(i)" after "entitled" and by inserting after "that position" the following: "or (ii) be detailed by the Office to any vacant Senior Executive Service position for which the Office deems the employee to be qualified in any agency for a period not to exceed 60 days, and be placed in such position by the Office after the period of such detail, unless the head of the agency determines that the career appointee is not qualified for such position.". (b) Paragraph (3) of section 3595(c) of such title is amended to read as follows: "(3) in the event the career appointee is not placed under subsection 0t))(3) of this section— "(A) whether the Office of Personnel Management took all reasonable steps to achieve such placement, and "(B) the decision of an agency under subsection Ob)(3)(B) of this section that the career appointee is not qualified to be placed in a position.". (c)(1) Except as provided in paragraph (2), the amendments made by this section shall take effect on the date of the enactment of this Act.

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Page:United States Statutes at Large Volume 96 Part 2.djvu/289

 PUBLIC LAW 97-346—OCT. 15, 1982

96 STAT. 1651

(2) The amendments made by this section shall apply to an Effective date. individual who is a career appointee on or after September 30, 1982, except that any individual who is a career appointee on September 30, 1982, and who is described in section 3595(b)(3) of title 5, United Ante, p. 1650. States Code, may not be removed before December 15, 1982, due to a reduction in force, unless the removal is under section 3595(b)(4)(A) of such title on the grounds the individual declined a reasonable 95 Stat. 756. placement offer. Approved October 15, 1982.

LEGISLATIVE HISTORY—H.R. 5145: HOUSE REPORT No. 97-473 (Comm. on Post Office and Civil Service). CONGRESSIONAL RECORD, Vol. 128 (1982): May 11, considered and passed House. Sept. 29, considered and passed Senate, amended. Oct. 1, House concurred in Senate amendments.

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

10: QL3

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Page:United States Statutes at Large Volume 96 Part 2.djvu/290

 96 STAT. 1652

PUBLIC LAW 97-347—OCT. 18, 1982

Public Law 97-347 97th Congress An Act Oct. 18, 1982 [H.R. 5662]

Fish and wudhfe Act of amendment.

To extend until October 1, 1983, the authority and authorization of appropriations for certain programs under the Fish and Wildlife Act of 1956.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That subsection (c) Qf section 4 of the Fish and Wildlife Act of 1956 (16 U.S.C. 742c(c)) (relating to loan authority to finance the acquisition, equipping, and maintenance of commercial fishing vessels and gear) is amended by striking out "September 30, 1982" each place it appears therein and inserting in lieu thereof "September 30, 1983". SEC. 2. Subsection (c)(6) of section 7 of the Fish and Wildlife Act of 1956 (16 U.S.C. 742f[c)(6)) (relating to volunteer services in fish and wildlife programs) is amended by striking out "and 1982." and inserting in lieu thereof "1982 and 1983.". Approved October 18, 1982.

LEGISLATIVE HISTORY—H.R. 5662: HOUSE REPORT No. 97-514 (Comm. on Merchant Marine and Fisheries). CONGRESSIONAL RECORD, Vol. 128 (1982): June 8, considered and passed House. Oct. 1, considered and passed Senate.

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Page:United States Statutes at Large Volume 96 Part 2.djvu/291

 PUBLIC LAW 97-348—OCT. 18, 1982

96 STAT. 1653

Public Law 97-348 97th Congress An Act To protect and conserve fish and wildlife resources, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. SECTION 1. SHORT TITLE.

—— [S. 1018]

Coastal Barrier

Resources Act. 16 USC 3501

This Act may be cited as the "Coastal Barrier Resources Act". SEC. 2. FINDINGS AND PURPOSE.

16 USC 3501.

(a) FINDINGS.—The Congress finds that— (1) coastal barriers along the Atlantic and Gulf coasts of the United States and the adjacent wetlands, marshes, estuaries, inlets and nearshore waters provide— (A) habitats for migratory birds and other wildlife; and (B) habitats which are essential spawning, nursery, nesting, and feeding areas for commercially and recreationally important species of finfish and shellfish, as well as other aquatic organisms such as sea turtles; (2) coastal barriers contain resources of extraordinary scenic, scientific, recreational, natural, historic, archeological, cultural, and economic importance; which are being irretrievably damaged and lost due to development on, among, and adjacent to, such barriers; (3) coastal barriers serve as natural storm protective buffers and are generally unsuitable for development because they are vulnerable to hurricane and other storm damage and because natural shoreline recession and the movement of unstable sediments undermine manmade structures; (4) certain actions and programs of the Federal Government have subsidized and permitted development on coasted barriers and the result has been the loss of barrier resources, threats to human life, health, and property, and the expenditure of millions of tax dollars each year; and (5) a program of coordinated action by Federal, State, and local governments is critical to the more appropriate use and conservation of coastal barriers. (b) PURPOSE.—The Congress declares that it is the purpose of this Act to minimize the loss of human life, wasteful expenditure of Federal revenues, and the damage to fish, wildlife, and other natural resources associated with the coastal barriers along the Atlantic and Gulf coasts by restricting future Federal expenditures and financial assistance which have the effect of encouraging development of coastal barriers, by establishing a Coastal Barrier Resources S3rstem, and by considering the means and measures by which the long-term conservation of these fish, wildlife, and other natural resources may be achieved. SEC. 3. DEFINITIONS.

For purposes of this Act—

16 USC 3502.

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Page:United States Statutes at Large Volume 96 Part 2.djvu/292

 96 STAT. 1654

26 USC 170.

Effective date. 95 Stat. 419.

16 USC 3503.

PUBLIC LAW 97-348—OCT. 18, 1982

(1) The term "undeveloped coastal barrier" means— (A) a depositional geologic feature (such as a bay barrier, tombolo, barrier spit, or barrier island) that— (i) consists of unconsolidated sedimentary materials, (ii) is subject to wave, tidal, and wind energies, and (iii) protects landward aquatic habitats from direct wave attack; and (6) all associated aquatic habitats, including the adjacent wetlands, marshes, estuaries, inlets, and nearshore waters; but only if such feature and associated habitats (i) contain few manmade structures and these structures, and man's activities on such feature and within such habitats, do not significantly impede geomorphic and ecological processes, and (ii) are not included within the boundaries of an area established under Federal, State, or local law, or held by a qualified organization as defined in section 170(h)(3) of the Internal Revenue Code of 1954, primarily for wildlife refuge, sanctuary, recreational, or natural resource conservation purposes. (2) The term "Committees" refers to the Committee on Merchant Marine and Fisheries of the House of Representatives and the Committee on Environment and Public Works of the Senate. (3) The term "financial assistance" means any form of loan, grant, guaranty, insurance, payment, rebate, subsidy, or any other form of direct or indirect Federal assistance other than— (A) general revenue-sharing grants made under section 102 of the State and Local Fiscal Assistance Amendments of 1972 (31 U.S.C. 1221); (B) deposit or account insurance for customers of banks, savings and loan associations, credit unions, or similar institutions; (C) the purchase of mortgages or loans by the Government National Mortgage Association, the Federal National Mortgage Association, or the Federal Home Loan Mortgage Corporation; (D) assistance for environmental studies, planning, and assessments that are required incident to the issuance of permits or other authorizations under Federal law; and (E) assistance pursuant to programs entirely unrelated to development, such as any Federal or federally assisted public assistance program or any Federal old-age survivors or disability insurance program. Effective October 1, 1983, such term includes flood insurance described in section 1321 of the National Flood Insurance Act of 1968, as amended (42 U.S.C. 4028). (4) The term "Secretary" means the Secretary of the Interior. (5) The term "System unit" means any undeveloped coastal barrier, or combination of closely-related undeveloped coastal barriers, included within the Coastal Barrier Resources System established by section 4. SEC. 4. THE COASTAL BARRIER RESOURCES SYSTEM. (a) ESTABLISHMENT.—(1) There is established the Coastal Barrier Resources System which shall consist of those undeveloped coastal barriers located on the Atlantic and Gulf coasts of the United States that are identified and generally depicted on the maps that are

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