text:
Page:United States Statutes at Large Volume 96 Part 2.djvu/651

 PUBLIC LAW 97-399—DEC. 31, 1982 hrr

96 STAT. 2013

(4) The term "lands or natural resources" means any real property or natural resources, or any interest in or right involving any real property or natural resources including but not limited to minerals and mineral rights, timber and timber rights, water and water rights, and rights to hunt and fish. (5) The term "lawsuit" means the action in the United States District Court for the Southern District of Florida, entitled Miccosukee Tribe of Indians of Florida against State of Florida, et al., Case No. 79-253-CIV-JWK. (6) The term "Lease Agreement" means that perpetual lease granted by the State of Florida to the Miccosukee Tribe, involving a specifically described area in South Florida, title to which is held by the State of Florida and in which the Miccosukee Tribe is granted certain express rights and interests. (7) The term "settlement funds" means those amounts of money which the State of Florida has agreed to pay to the Miccosukee Tribe under the Settlement Agreement in partial consideration for the settlement of the lawsuit and the extinguishment of rights to all potential or unsettled claims which the Miccosukee Tribe may have to lands or natural resources in the State of Florida. (8) The term "Settlement Agreement" means those documents entitled "Settlement Agreement between the Miccosukee Tribe and the State of Florida" executed on April 16, 1982, by representatives of the State of Florida and representatives of the Miccosukee Tribe and filed with the secretary of state of the State of Florida which incorporate the Lease Agreement described in paragraph (6) of this section. (9) The term "transfer" includes but is not limited to any sale, grant, lease, allotment, partition, or conveyance, any transaction the purpose of which was to effect a sale, grant, lease, allotment, partition, or conveyance, or any event or events that resulted in a change of possession or control of lands or natural resources. FINDINGS BY THE SECRETARY

SEC. 4. Section 5 of this Act shall not take effect until the Secretary finds that the following events have occurred: (1) the State of Florida has enacted legislation appropriating sufficient money to pay, and in fact has paid, the settlement funds to the Miccosukee Tribe; (2) the State of Florida and the Miccosukee Tribe have executed the Lease Agreement; and (3) the State of Florida has enacted appropriate legislation to carry out its commitments under paragraph lb of the Settlement Agreement between the State of Florida and the Miccosukee Tribe and has given the waiver specified in paragraph 4d of such Agreement.

Effective date restriction. 25 USC 1743.

APPROVAL OF PRIOR TRANSFERS AND EXTINGUISHMENT OF CLAIMS AND ABORIGINAL TITLE INVOLVING FLORIDA INDIANS

SEC. 5. (a) If the Secretary finds that the State of Florida has satisfied the conditions set forth in section 4 of this Act, he shall publish such findings and the Settlement Agreement in the Federal Register, and upon such publication—

Publication in Federal Register. 25 USC 1744.

�


text:
Page:United States Statutes at Large Volume 96 Part 2.djvu/652

 96 STAT. 2014

PUBLIC LAW 97-399—DEC. 31, 1982

fp«5-f

Extinguishment of claims.

i;

(1) the transfers, waivers, releases, relinquishments, and other commitments made by the Miccosukee Tribe in paragraph 3 of the Settlement Agreement between the State of Florida and the Miccosukee Tribe shall be of full force and effect on the terms and conditions therein stated; and (2) the transfers, waivers, releases, relinquishments, and other commitments validated by paragraph (1) of this subsection and the transfers and extinguishments approved and validated by paragraphs (1) and (2) of subsection (b) shall be deemed to have been made in accordance with the Constitution and all laws of the United States that are specifically applicable to transfers of lands or natural resources from, by, or on behalf of any Indian, Indian nation, or tribe of Indians (including but not limited to the Act of July 22, 1790 (1 Stat. 137) and any amendments thereto and all subsequent versions thereof), and Congress does hereby approve any such transfers effective as of the date of such transfers. (b)(1) All claims to lands within the State of Florida based upon aboriginal title by the Miccosukee Tribe, or any predecessor or successor in interest, are hereby extinguished, and any transfer of lands or natural resources located anywhere within the State of Florida, including but not limited to transfers pursuant to the statute or treaty of or with any State or the United States, by, from, or on behalf of the Miccosukee Tribe, or any predecessor or successor in interest, shall be deemed to be in full force and effect: Provided, however, That nothing herein shall be construed as extinguishing any aboriginal right, title, interest, or claim to lands or natural resources solely to the extent of the rights or interests defined as "excepted interests" in paragraph 3c of the Settlement Agreement between the State of Florida and the Miccosukee Tribe. (2) By virtue of the approval of a transfer of lands or natural resources effected by this section, or an extinguishment of aboriginal title effected thereby, all claims against the United States, any State or subdivision thereof, or any other person or entity, by the Miccosukee Tribe, arising subsequent to the transfer and based upon any interest in or right involving such lands or natural resources, including but not limited to claims for trespass damages or claims for use and occupancy, shall be regarded as extinguished as of the date of the transfer. (3) Notwithstanding any other provision of this subsection, nothing in this Act shall be construed as extinguishing any right, title, interest, or claim to lands or natural resources in the State of Florida by any individual Indian— (A) which is based on use and occupancy, or (B) which was acquired under Federal or State law, and which is not derived from or through the Miccosukee Tribe, or its predecessor or predecessors in interest. SPECIAL PROVISIONS FOR MICCOSUKEE TRIBE

25 USC 1745. "• .*44;

SEC. 6. (a) The leasehold interest granted the Miccosukee Tribe under the Lease Agreement shall be exempt from all State and local taxes. O> The lands leased to the Miccosukee Tribe pursuant to the t) Lease Agreement shall be treated as if such lands constituted a federally recognized Indian reservation solely for purposes of determining the eligibility of the Miccosukee Tribe and its members for

�

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


text:
Page:United States Statutes at Large Volume 96 Part 2.djvu/653

 PUBLIC LAW 97-399—DEC. 31, 1982

96 STAT. 2015

any Federal health, education, employment, economic assistance, revenue sharing, law enforcement over Indians, or social welfare programs, or any other similar Federal program for which Indians are eligible because of their status as Indians and of their residence on an Indian reservation. (c) The State of Florida, through exercise of the power of eminent domain, may take or diminish any interest granted to the Miccosukee Tribe under the Lease Agreement only for a public purpose and upon payment of just compensation, but such taking or diminution shall not require the approval of Congress or any executive officer of the United States. (d) Nothing in this Act or in any grant of leasehold rights by the State of Florida under the Lease Agreement shall affect or otherwise impair in any adverse manner any benefits received by the State of Florida under the Act of September 2, 1937 (16 U.S.C. 669 et seq.), or the Act of August 9, 1950 (16 U.S.C. 777 et seq.). SEC. 7. Nothing in this Act shall grant to the Miccosukee Tribe any greater rights or interests in the leased area other than those expressly set forth in the Lease Agreement, and, notwithstanding any other provision of this Act, nothing in this Act shall diminish, modify, or otherwise affect the extent of the civil and criminal jurisdiction of the State of Florida in the leased area. SEC. 8. (a) The Secretary is authorized and directed to accept the transfer to the United States, to be held in trust for the use and benefit of the Miccosukee Tribe of Indians of Florida, of the lands authorized to be conveyed to the Miccosukee Tribe by section 285.061, Florida Statutes, and the lands described in Dedication Deed No. 23228 from the Trustees of the Internal Improvement Trust Fund subject to the provisions of section 285.061, Florida Statutes, and of this section. (b)(1) Notwithstanding the conveyance of any lands by the State of Florida to the United States in trust for the Miccosukee Tribe of Indians of Florida, the assumption of jurisdiction in favor of the State of Florida contained in section 285.16, Florida Statutes, pursuant to section 7 of the Act of August 15, 1953 (67 Stat. 588), as in effect prior to its repeal, shall continue in full force and effect on such lands unless the State shall retrocede such civil or criminal jurisdiction in whole or in part. (2)(A) The laws of Florida relating to alcoholic beverages (chapters 561, 562, 563, 564, and 565, Florida Statutes), gambling (chapter 849, Florida Statutes), sale of cigarettes (chapter 210, Florida Statutes), and their successor laws, shall have the same force and effect within said transferred lands as they have elsewhere within the State and the State shall have jurisdiction over offenses committed by or against Indians under said laws to the same extent the State has jurisdiction over said offenses committed elsewhere within the State. (B) Nothing in subparagraph (A) shall permit the exercise of jurisdiction by the State of Florida as to any matter to which section 1162(b) of title 18 or section 1360(b) of title 28, United States Code, applies. (c)(1) Any transfer of lands under this section shall be subject to all existing leases, easements, and rights-of-way, and all the rights, easements, and reservations in favor of the Central and Southern Florida Flood Control District (now the South Florida Water Management District) and shall not increase, diminish, modify, or other-

'

"^^^' J^'J •:

25 USC 1746.

Land transfer I5 USCT'74T

67 Stat. 590.

�


text:
Page:United States Statutes at Large Volume 96 Part 2.djvu/654

 96 STAT. 2016

Water rights.

PUBLIC LAW 97-399—DEC. 31, 1982 wise affect the extent to which chapter 373, Florida Statutes, and its successor laws, have force and effect within such lands. (2) Any transfer of lands under this section shall not confer upon the Miccosukee Tribe, or upon the lands within the reservation, any additional water rights. LIMITATIONS OF ACTIONS

25 USC 1748.

Ci)

SEC. 9. Notwithstanding any other provision of law, any action to contest the constitutionality of this Act shall be barred unless the complaint is filed within one hundred and eighty days after the date of enactment of this Act. An action to contest the constitutionality of this Act may only be brought in the United States District Court for the Southern District of Florida. REVOCATION OF SETTLEMENT

25 USC 1749.

•

-

SEC. 10. In the event the Settlement Agreement between the Miccosukee Tribe and the State of Florida is ever invalidated— (1) the transfers, waivers, releases, relinquishments, and other commitments made by the Miccosukee Tribe in paragraph 3 of the Settlement Agreement shall no longer be of any force or effect, (2) section 5 of this Act shall be inapplicable to the lands, interests in lands, or natural resources of the Miccosukee Tribe and its members as if never enacted, and (3) the approvals of prior transfers and the extinguishment of claims and aboriginal title of the Miccosukee Tribe otherwise effected by section 5 shall be void ab initio. Approved December 31, 1982.

.

fii

.

. ^-t'.-"

•'•

.

'VC-

.

LEGISLATIVE HISTORY—H.R. 7155: HOUSE REPORT No. 97-938 (Comm. on Interior and Insular Affairs). CONGRESSIONAL RECORD, Vol. 128 (1982): Dec. 6, considered and passed House. Dec. 16, considered and passed Senate.

�


text:
Page:United States Statutes at Large Volume 96 Part 2.djvu/655

 PUBLIC LAW 97-400—DEC. 31, 1982 Public Law 97-400 97th Congress

N«.

96 STAT. 2017

. i;

^ _ >., ^

An Act To designate the Lakeview Lake project, Mountain Creek, Texas, as the "Joe Pool Lake".

Dec. 31, 1982 [H.R. 7377]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Lakeview Joe Pool Lake. Lake project, Mountain Creek, Texas, authorized by the River and Designation.,, Harbor Act of 1965, shall hereafter be known and designated as "Joe 79 Stat. 1089. Pool Lake", Any reference in any law, map, regulation, document, record, or other paper of the United States to such lake shall be held to be a reference to the "Joe Pool Lake". Approved December 31, 1982.

LEGISLATIVE HISTORY—H.R. 7377: CONGRESSIONAL RECORD, Vol. 128 (1982): Dec. 7, considered and passed House. Dec. 19, considered and passed Senate.

�


text:
Page:United States Statutes at Large Volume 96 Part 2.djvu/656

 96 STAT. 2018

PUBLIC LAW 97-401—DEC. 31, 1982

Public Law 97-401 97th Congress An Act Dec. 31, 1982 [S. 187] Miles City, Mont. Lands, conveyances.

To authorize the Secretary of the Interior to convey certain lands near Miles City, Montana, and to remove certain reservations from prior conveyances.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) the Secretary of the Interior (hereafter in this Act referred to as the "Secretary") shall convey by patent to the city of Miles City, Montana (hereafter, referred to as the "city"), all right, title, and interest, except for those interests described in subsection (b) of this section, of the United States in and to the following lands in Custer County, Montana, in range 47 east of the principal meridian, Montana: In township 8 north, lots 9, 17, 21, 28, 31, and 32 in section 32 and in townships 7 and 8 north, tract Q and tract S. (b) Any patent issued pursuant to subsection (a) of this section shall contain a reservation to the United States of all gas, oil, coal, and other minerals that may be found in such lands, and the right to prospect for, mine, and remove such minerals, and that patents shall also contain any other reservations required by law. (c) Any patent issued pursuant to subsection (a) of this section shall provide that if the land is transferred or conveyed by the city, the proceeds of such sale shall be paid to the United States, to be distributed in accordance with section 4 of this Act. SEC. 2. (a) The Secretary shall take such actions as are necessary to convey to the city the reversionary interests of the United States contained in the patents which conveyed to the city of Miles City, Montana, the lands described in subsection (b) of this section. Such reversionary interests arise when the patentee/grantee violates provisions which (1) require that such lands be used for specified purposes, or (2) prohibit transfer of such lands by the patentee/ grantee. All documents of conveyance issued under this subsection shall provide that if the land is conveyed by the city, the proceeds of sale shall be paid to the United States, to be distributed in accordance with section 4 of this Act. (b) The lands referred to in subsection (a) of this section are the following tracts in range 47 east of the principal meridian, Montana: In townships 7 and 8 north, tracts A and B (conveyed by patent numbered 1,021,511), tracts E and F (conveyed by patent numbered 1,122,295), tract G (conveyed by patent numbered 1,173,770), tract K (conveyed by patent numbered 1,173,768), tract L (conveyed by patent numbered 1,173,769), tract M (conveyed by patent numbered 1,178,764), tract P (conveyed by patent numbered 1,219,817), and tract D (conveyed by the grant made by the Act of July SO, 1890 (26 Stat. 292), lots 16 and 17, section 33 (conveyed by patent numbered 25-81-0094). SEC. 3. (a) The Secretary shall take such actions as are necessary to convey to the holder of the patent the reversionary interests of the United States contained in the patents which conveyed to the county of Custer, Montana, the lands described in subsection (b) of

�


text:
Page:United States Statutes at Large Volume 96 Part 2.djvu/657

 PUBLIC LAW 97-401—DEC. 31, 1982

96 STAT. 2019

this section. Such reversionary interests arise when the patentee violates provisions which (1) require that such lands be used for specified purposes, or (2) prohibit transfer of such lands by the patentee. All documents of conveyance issued under this subsection shall provide that if the land is conveyed by the patentee, the proceeds of such sale shall be paid to the United States, to be distributed in accordance with section 4 of this Act. (b) The lands referred to in subsection (a) are the following parcels in range 47 east of the principal meridian, Montana: In townships 7 and 8 north, tract C (conveyed by patent numbered 1,023,689) and tract T (conveyed by patent numbered 25-76-0099), and in township 8 north, lot 20 in section 33 (conveyed by patent numbered 25-76-0100). SEC. 4. (a) Notwithstanding any other provision of law, if the city or any other patentee or grantee transfers any lands described in this Act, such transfer shall be at fair market value for the land and improvements thereon. (b) Proceeds from the sale of the land, excluding the value of any improvements on the land and less any sums paid to the United States at the time of original conveyance out of Federal ownership, shall be deposited in the general fund of the Treasury of the United States, to be distributed as follows: At the end of each Federal fiscal year, the United States shall return 5 per centum of the net receipts collected in that fiscal year from the sale of lands described in this Act to the State of Montana, and 10 per centum of such receipts to the county or the city in which the lands are located in amounts proportional to the receipts generated from the sale of such land in each county or city during the fiscal year. SEC. 5. All documents of conveyance issued pursuant to this Act shall be subject to valid existing rights. Approved December 31, 1982.

LEGISLATIVE HISTORY—S. 187: HOUSE REPORT No. 97-904 (Comm. on Interior and Insular Affairs). SENATE REPORT No. 97-181 (Comm. on Energy and Natural Resources). CONGRESSIONAL RECORD: Vol. 127 (1981): Sept. 22, considered and passed Senate. Vol. 128 (1982): Sept. 30, considered and passed House, amended. Dec. 17, Senate concurred in House amendment.

Fair market value.

Sale proceeds, distribution.

�


text:
Page:United States Statutes at Large Volume 96 Part 2.djvu/658

 96 STAT. 2020

PUBLIC LAW 97-402—DEC. 31, 1982 Public Law 97-402 97th Congress An Act

Dec. 31, 1982 [S. 1340]

To provide for the use and distribution of Clallam judgment funds in docket numbered 134 before the Indian Claims Commission, and for other purposes.

Indians. Clallam judgment funds.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, notwithstanding any other provision of law, the funds appropriated by the Act of May 4, 1977 (91 Stat. 61), in satisfaction of a judgment awarded in favor of the Clallam Tribe of Indians of the State of Washington in Indian Claims Commission docket numbered 134, less attorney fees and litigation expenses, and including all interest and investment income accrued, shall be divided by the Secretary of the Interior (hereinafter referred to as the "Secretary"), in shares of one-third to each, as agreed to by the adoption of tribal resolutions cited in sections 2, 3, and 4 of this Act, among the Port Gamble Indian Community, the Lower Elwha Tribeil Community, and the Jamestown Band of Clallam Indians. SEC. 2. The share of the funds apportioned to the Port Gamble Indian Community under the first section of this Act shall be used as provided in tribal resolution numbered 79-Al, dated January 9, 1979, requiring that 80 per centum of such share be used in a revenue supplement fund for community projects and the balance in an investment program. SEC. 3. The share of the funds apportioned to the Lower Elwha Tribal Community under the first section of this Act shall be used as provided by tribal resolution numbered 8B-78, dated August 27, 1978, requiring that up to 80 per centum of such share be used in a land acquisition program that includes the payment of an outstanding loan on land purchased by the community and the balance in economic development projects for the benefit of all tribal members. SEC. 4. The share of the funds apportioned to the Jamestown Band of Clallam Indians under the first section of this Act shall be used as provided by resolution numbered 78-1, dated October 1, 1978, requiring that up to 50 per centum of such share be used in a land acquisition program and the balance in a business development program. S E C 5. (a) The shares of funds apportioned under the first section of this Act shall be advanced to the respective groups within 60 days of this Act: Provided, That in the case of the Jamestown Band, a formal organization has been approved by the Secretary. At the time the funds are advanced, the Secretary shall account to the respective groups for all investments made and income received smce May 4, 1977. 0)) Except as otherwise provided in this section, funds held and administered by the respective groups which are the subject of this Act, and income derived therefrom, shall be treated in the same fashion as if held in trust by the Secretary of the Interior: Provided, That such funds may be invested or expended by the respective

�


text:
Page:United States Statutes at Large Volume 96 Part 2.djvu/659

 PUBLIC LAW 97-402—DEC. 31, 1982

96 STAT. 2021

groups in accordance with their plans without requirement of prior approval by the Secretary. (c) Upon advancement of the funds to the respective groups the Secretary shall have no further trust responsibility for the investment, supervision, administration or expenditure of such funds, and the United States shall be exempt from any liability for such investment, supervision, administration or expenditure of such funds. J,.'.a- ; SEC. 6. None of the funds distributed under this Act shall be ».I<K "J subject to Federal or State income taxes or be considered as income or resources in determining eligibility for or the amount of assistance under the Social Security Act. 42 USC 1305. Approved December 31, 1982.

s

io

LEGISLATIVE HISTORY—S. 1340: SENATE REPORT No. 97-654 (Comm. on Indian Affairs). CONGRESSIONAL RECORD, Vol. 128 (1982): Dec. 3, considered and passed Senate. Dec. 17, considered and passed House.

�


text:
Page:United States Statutes at Large Volume 96 Part 2.djvu/660

 96 STAT. 2022

PUBLIC LAW 97-403—DEC. 31, 1982

Public Law 97-403 97th Congress An Act Dec. 31, 1982 [S. 1735] Pembina Chippewa Indians. Distribution and use of funds.

Turtle Mountain Band of Chippewa Indians.

To provide for the use and distribution of funds awarded the Pembina Chippewa Indians in dockets numbered 113, 191, 221, and 246 of the Court of Claims.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, notwithstanding any provision of the Act of October 19, 1973 (87 Stat. 466; 25 U.S.C. 1401 et seq.), or any other law, regulation, or plan promulgated pursuant thereto, any funds appropriated in satisfaction of a judgment awarded to the Pembina Chippewa Indians in dockets numbered 113,191, 221, and 246 of the Court of Claims shall be used and distributed as provided in this Act. SEC. 2. All of the funds appropriated with respect to the judgment awarded the Pembina Chippewa Indians in dockets 113, 191, 221, and 246 (less attorney fees and litigation expenses), including all interest and investment income accrued, shall be divided by the Secretary of the Interior (hereinafter in this Act referred to as the "Secretary") among the Turtle Mountain Band of Chippewa Indians, the Chippewa Cree Tribe of Rocky Boy's Reservation, the Minnesota Chippewa Tribe, the Little Shell Band of the Chippewa Indians of Montana, and the nonmember Pembina descendants (as a group) so that each is allocated an amount which bears the same relationship to such funds as the number of members of such band, tribe, or group who are described under section 3(1), 4(1), 5(1), or 6(1) or 7(a) bears to the sum of^ (1) the number of members of the Turtle Mountain Band of Chippewa Indians described in section 3(1), (2) the number of members of the Chippewa Cree Tribe of Rocky Boy's Reservation described in section 4(1), (3) the number of members of the Minnesota Chippewa Tribe described in section 5(1), (4) the number of members of the Little Shell Band of the Chippewa Indians of Montana as described in section 6(1) plus (5) the number of nonmember Pembina Chippewas enrolled by the Secretary under section 7(a). SEC. 3. The funds allocated by section 2 to the Turtle Mountain Band of Chippewa Indians shall be used and distributed as follows: (1) Eighty per centum of such funds shall be distributed in the form of per capita payments (in sums as equal as possible) to all enrolled members of the Turtle Mountain Band of Chippewa Indians who are living on the date of the enactment of this Act. (2) Twenty per centum of such funds shall be held in trust and invested by the Secretary for the benefit of the members of the Turtle Mountain Band of Chippewa Indians. The governing body of such band is authorized to use the interest and investment income accrued on such 20 per centum portion, on an annual budgetary basis subject to the approval of the Secretary, for—

�


text:
Page:United States Statutes at Large Volume 96 Part 2.djvu/661

 PUBLIC LAW 97-403—DEC. 31, 1982

96 STAT. 2023

(A) the administration of such band, or (B) social and economic programs. Such 20 per centum portion of the principal shall not be available for per capita payments. SEC. 4. The funds allocated by section 2 to the Chippewa Cree Tribe of Rocky Boy's Reservation shall be used and distributed as follows: (1) Eighty per centum of such funds shall be distributed in the form of per capita payments (in sums as equal as possible) to all enrolled members of the Chippewa Cree Tribe of Rocky Boy's Reservation who— (A) establish Pembina Chippewa ancestry to the satisfaction of the Secretary, and (B) are living on the date of the enactment of this Act. (2) Twenty per centum of such funds shall be held in trust and invested by the Secretary for the benefit of the members of the Chippewa Cree Tribe of Rocky Boy's Reservation. The governing ^ body of such tribe is authorized to use the interest and investment income accrued on such 20 per centum portion, on an annual budgetary basis subject to the approval of the Secretary, for— to (A) economic programs, (B) recreation, or (C) tribal administration. Such 20 per centum portion of the principal shall not be available for per capita payments. SEC. 5. The funds allocated by section 2 to the Minnesota Chippewa Tribe shall be used and distributed as follows: (1) Eighty per centum of such funds shall be distributed in the form of per capita payments (in sums as equal as possible) to all enrolled members of the Minnesota Chippewa Tribe who— 1 (A) are designated as Pembina Band Chippewas on the basis of tribal procedures which are approved by the Secre1o tary, and (B) are living on the date of the enactment of this Act. (2) Twenty per centum of such funds shall be held in trust and c invested by the Secretary for the benefit of the members of the Minnesota Chippewa Tribe. The White Earth Reservation BusiI ness Committee is authorized to use the interest and investment income accrued on such 20 per centum portion, on an annual budgetary basis subject to the approval of the Secretary, for— - .^ ^ (A) a joint investment and use program for the bands A Gi: affiliated with the reservation, or (B) reservation social and economic programs. - Such 20 per centum portion of the principal shall not be available for per capita payments. SEC. 6. The funds allocated by section 2 to the Little Shell Tribe of Chippewa Indians of Montana shall be used and distributed as follows: (1) Eighty per centum of such funds shall be distributed in the form of per capita payments (in sums as equal as possible) to all enrolled members of the Little Shell Tribe of Chippewa Indians of Montana who are living on the date of the enactment of this Act and who would meet the enrollment criteria under section 5 7(a) of this Act if they were not enrolled members of the Little Shell Tribe of Chippewa Indians of Montana. (2) Twenty per centum of such funds shall be held in trust and invested by the Secretary for the benefit of the members of the

Chippewa Cree Tribe of Rocky Boy's Reservation.

Minnesota Chippewa Tribe.

Little Shell Tribe of Chippewa Indians of Montana.

�


text:
Page:United States Statutes at Large Volume 96 Part 2.djvu/662

 96 STAT. 2024

Report to Congress.

Ancestry roll.

Regulations.

PUBLIC LAW 97-403—DEC. 31, 1982

Little Shell Tribe of Chippewa Indians of Montana. The governing body of such tribe is authorized to use the interest and investment income accrued on such 20 per centum portion, on an annual budgetary basis subject to the approval of the Secretary, for— ii(A) the administration of such tribe, or (B) social and economic programs: Provided, That the Secretary shall act on the tribe's petition for Federal recognition prior to September 30, 1985. In the event that recognition is not approved, the 20 per centum portion shall be distributed in the form of per capita payments (in sums as equal as possible) to those persons who qualify for per capita payments under section 6(1): Provided further, That if the Secretary fails to act on the recognition petition by September 30, 1985, the Secretary shall make a report to Congress on that date outlining the reasons for his failure to act and shall make no per capita payments under this subsection until action on the petition is final. SEC. 7. (a) In order to establish eligibility to participate in the distribution of the funds allocated to the nonmember Pembina Chippewa descendants under section 2, the Secretary shall develop a roll of all individuals who— (1) are of at least one-quarter Pembina Chippewa blood, (2) are citizens of the United States, (3) are living on the date of the enactment of this Act, (4) are not members of the Red Lake Band of Chippewa <i Indians, the Turtle Mountain Band of Chippewa Indians, the Chippewa Cree Tribe, or the Minnesota Chippewa Tribe, or the Little Shell Band of Chippewa Indians of Montana, and (5) are— (A) enrolled, or the descendants of a lineal ancestor enrolled— (i) as Pembina descendants under the provisions of the Act of July 29, 1971 (85 Stat. 158), for the disposition of the 1863 Pembina Award, or (ii) on the McCumber roll of Turtle Mountain Indians of 1892, or (iii) on the Davis roll of Turtle Mountain Indians of 1904, or (iv) as Chippewa on— (I) the tentative roll of the Rocky Boy Indians of May 30, 1917, or (II) the McLaughlin census report of the Rocky ^ '*' ' Boy Indians of July 7, 1917, or (III) the Roe Cloud Roll of Landless Indians of Montana, or (B) able to establish Pembina ancestry on the basis of any other rolls or records acceptable to the Secretary. (b) The Secretary shall promulgate regulations regarding nonmember Pembina enrollment procedures and shall utilize any documents acceptable to the Secretary in establishing eligibility of an individual to receive funds under this section. (c) Funds allocated to the nonmember Pembina descendants under section 2 shall be distributed on a per capita basis to the individuals enrolled under subsection (a). •*tu ic> sm

�


text:
Page:United States Statutes at Large Volume 96 Part 2.djvu/663

 PUBLIC LAW 97-403—DEC. 31, 1982

96 STAT. 2025

SEC. 8. (a) Any payment of a per capita share of funds to which a Per capita living, competent adidt is entitled under this Act shall be paid p^yj"®"^ directly to such adult. (b) ^ y per capita share of funds to which a deceased individual is entitled under this Act shall be paid, and the beneficiaries thereof determined under regulations prescribed by the Secretary. (c) Any per capita share of funds to which a legally incompetent individual or an individual under eighteen years of age is entitled under this Act shall be paid in accordance with such procedures (including the establishment of trusts) as the Secretary determines to be necessary to protect and preserve the mterests of such individual. SEC. 9. None of the funds distributed per capita or made available Tax exemption. under this Act for programs shall be subject to Federal, State, or g.,,. ^, ^ local income taxes or be considered income or resources or otherwise '' utilized as the basis for denying or reducing the financial assistance pi.f, or benefits to any person or household participating in any Federal, State, or local programs. ^ ^ Approved December 31, 1982.

!*''5.mt-'h dfij

.:."--sf^-r.', ri bHimBm-i:.

LEGISLATIVE HISTORY—S. 1735 (H.R. 6416): HOUSE REPORT No. 97-937 accompanying H.R. 6416 (Comm. on Interior and Insular Affairs). SENATE REPORT No. 97-655 (Comm. on Indian Affairs). CONGRESSIONAL RECORD, Vol. 128 (1982): Dec. 3, considered and passed Senate. Dec. 6, H.R. 6416 considered and passed House; S. 1735 amended, passed in lieu. Dec. 16, Senate concurred in House amendment.

no".i x- '.-si

�


text: Page:Narrative of an Official Visit to Guatemala.djvu/554


text:
Page:United States Statutes at Large Volume 96 Part 2.djvu/664

 96 STAT. 2026 ,,.,.,^

PUBLIC LAW 97-404—DEC. 31, 1982 Public Law 97-404 97th Congress

.,:

i' jt.-

An Act Dec. 31, 1982 [S. 3113]

Job Training TmSdmeiits^''*' Ante, p. 1330. Ante. p. 1333. Ante, p. 1336. Ante, p. 1339. Ante, p. 1342. Ante, p. 1343.

Ante, p. 1345. Ante, p. 1345. Ante, p. 1354. Ante, p. 1360.

Ante, p. 1367.

Ante, p. 1368. Ante, p. 1369.

Ante, p. 1383.

-po make certain minor and technical amendments to the Job Training Partnership Act.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) section 103(c)(3) of the Job Training Partnership Act (hereafter in this Act referred to as the "Act") is amended by striking out "104" and inserting in lieu thereof "101". (b) Section 106(d)(3) of the Act is amended by striking out "exoffenders" and inserting in lieu thereof "offenders". (c) Section 108(b)(2)(A)(iv) of the Act is amended by striking out "projects" and inserting in lieu thereof "payments". (d) Section 122(a)(3)(C) of the Act is amended by striking out "executive officers" and inserting in lieu thereof "elected officials". (e) Section 125(c) of the Act is amended by striking out "subsection" and inserting in lieu thereof "section". (f)(1) Section 141(c) of the Act is amended by inserting after "unless" the following: "the Secretary determines that". (2) Section 141(g) of the Act is amended— (A) by striking out the word "which"; and (B) by striking out the word "title" and inserting in lieu thereof the word "Act". (g) Section 142(b) of the Act is amended by inserting after "aid" the following: "furnished under any Federal or federally assisted program based on need". (h) Section 143(d) of the Act is amended by striking out "1921" and inserting in lieu thereof "1931". (i) Section 181(f)(5) of the Act is amended by striking out "this section" and inserting in lieu thereof "this subsection". SEC. 2. (a) Section 203(a)(l) of the Act is amended by striking out "particpate" and inserting in lieu thereof "participate", (b) Section 203(b)(2) of the Act is amended by striking out "expend" and inserting in lieu thereof "be expended". SEC. 3. Section 308 of the Act is amended by— (1) striking out ", as described in section 121," and inserting in lieu thereof "with"; and (2) inserting before the period at the end thereof the following: ", in accordance with the provisions of section 121". SEC. 4. (a) Section 401(h)(2) of the Act is amended by striking out "103" and inserting in lieu thereof "106". (b)(1) Section 402(a)(2) of the Act is amended by inserting "the special nature o f after "because o f. (2) Section 402(c)(4) of the Act is amended by striking out "103" and inserting in lieu thereof "106". (c) Section 454(b) of the Act is amended by striking out "title 11" and inserting in lieu thereof "title IV".

�


text:
Page:United States Statutes at Large Volume 96 Part 2.djvu/665

 PUBLIC LAW 97-404—DEC. 31, 1982 (d)(1) Section 463(a)(1) of the Act is amended by inserting after "processing systems" the following: "related to labor market information". (2) Section 463(a)(2) of the Act is amended by inserting after "coding measures" the following: "related to labor market information". (e)(1) Section 464(a)(1) of the Act is amended by inserting "for each fiscal year" after "part". (2) Section 464(b)(7) of the Act is amended by striking out "providing" and inserting in lieu thereof "provide". SEC. 5. Section 13 of the Wagner-Peyser Act, as added by section 501(h) of the Act is amended by inserting "(1)" after "(b)" and by adding at the end thereof the following new paragraph: "(2) No funds paid under this Act may be used by any State for advertising in newspapers for high paying jobs unless such State submits an annual report to the Secretary beginning in December 1984 concerning such advertising and the justifications therefor, and the justification may include that such jobs are part of a State industrial development effort.". SEC. 6. The amendments made by this Act shall not be construed as affecting the term "originally enacted" as applied to the Job Training Partnership Act in section 402(a)(8)(A)(v) of the Social Security Act as amended by section 503(a) of the Act. , Approved December 31, 1982.

SCIJ

LEGISLATIVE HISTORY—S. 3113: CONGRESSIONAL RECORD, Vol. 128 (1982): Dec. 16, considered and passed Senate. Dec. 18, considered and passed House.

96 STAT. 2027 Ante, p. 1384.

Ante, p. 1385.

Ante, p. 1397. Report.

Ante, p. 1398.

�


text: Page:Narrative of an Official Visit to Guatemala.djvu/553


text:
Page:United States Statutes at Large Volume 96 Part 2.djvu/666

 96 STAT. 2028

PUBLIC LAW 97-405—JAN. 3, 1983

Public Law 97-405 97th Congress An Act Jan. 3, 1983 [S. 625] Voyageurs National Park, Minn. Boundary revision. 84 Stat. 1970. 16 USC 160. 16 USC 160a-l. 16 USC 160a-l.

riiiK

Public inspection.

Land conveyances, conditions.

To revise the boundary of Voyageurs National Park in the State of Minnesota, 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 Act entitled "An Act to authorize the establishment of the Voyageurs National Park in the State of Minnesota, and for other purposes", approved January 8, 1971 (84 Stat. 1971), is amended— (1) in section 102 by striking out "The" after "SEC. 102." and inserting in lieu thereof "(a) Except as provided in subsection (h) of this section, the"; (2) by inserting after section 102(a), as redesignated by paragraph (1), the following new subsection: "(b)(1) In addition to such revisions as the Secretary may make in the boundaries of the park from time to time pursuant to other provisions of law, the Secretary may, according to the provisions of subsection (a)— "(A) delete approximately 782 acres in the Neil Point area of the park; "(B) add approximately 180 acres in the Black Bay Narrows areas of the park; "(C) add approximately 18.45 acres owned by the State of Minnesota at the Kabetogama Forestry Station; "(D) add approximately 120 acres owned by the State of Minnesota, being a strip of land through that portion of section 1, township 68 north, range 20 west, fourth principal meridian, which is parallel to and 400 feet on both sides of the unimproved road extending northward from the Ash River Trail as such road crosses each section; and "(E) subject to the provisions of paragraph (2), delete approximately 1,000 acres at Black Bay and convey such lands to the State of Minnesota. All of the aforementioned boundary changes if accomplished shall be accomplished such that the boundary of the park shall conform to that generally depicted on the drawing entitled "Boundary, Voyageurs National Park, United States Department of the Interior, National Park Service", numbered 172-80, 008-MWR, and dated November 1981, which shall be on file and available for public inspection in the offices of the National Park Service, Department of the Interior. "(2) The Secretary may not delete or convey the lands referred to in paragraph (IKE) unless, prior to or simultaneously with such deletion or conveyance and in consideration of such conveyance, the State of Minnesota— "(A) tenders a conveyance of the lands described in paragraph (1)(C) and (D) to the United States by such instrument and in such manner as are satisfactory to the Secretary, including but not limited to lease or easement: Provided, That if the interest

�


text: Page:Narrative of an Official Visit to Guatemala.djvu/552


text:
Page:United States Statutes at Large Volume 96 Part 2.djvu/667

 PUBLIC LAW 97-405—JAN. 3, 1983

96 STAT. 2029

conveyed is a lease or easement, the State of Minnesota shall substitute therefore a transfer of all right, title, and interest in the land by June 30, 1987: Provided further. That if the State does not transfer all right, title, and interest in such lands by June 30, 1987, the land described in paragraph 1(E) shall revert to the United States for administration by the Secretary as part of the park; and "(B) enters into a recordable agreement satisfactory to the Secretary which provides that— "(i) the State has established a wildlife management area in the area authorized to be deleted and conveyed to the State by paragraph (1)(E); "(ii) the State has prepared a plan acceptable to the Secretary to manage all the waters of and State lands riparian to Black Bay (including all of the State-owned lands and waters of Rainy Lake) to preserve the natural resources of the area so as to complement to the fullest extent possible the purposes for which the park was established; "(iii) the State shall not transfer any right, title, or interest in, or control over, any land described in paragraph (1)(E) to any person other than the Secretary; and "(iv) the State shall permit access by the Secretary at reasonable times to the land described in paragraph (1)(E). "(3) If at any time the State fails to comply with the material requirements of the agreement referred to in paragraph (2)(B), all right, title, and interest in the land described in paragraph (1)(E) shall revert to the United States for administration by the Secretary as part of the park. Such reversion shall take effect upon the delivery by the Secretary of notice to the State respecting such failure to comply without further notice or requirement for physical entry by the Secretary unless an action for judicial review is brought in the United States Court of Appeals for the appropriate circuit within ninety days following such notice. In any such action the court may issue such orders as are appropriate to carry out the requirements of this subsection."; (3) by adding after the last sentence of section 301(b) the following new sentence: "The President shall, no later than June 1, 1983, advise the United States Senate and House of Representatives of his recommendations with respect to the suitability or nonsuitability as wilderness of any area within the park."; and (4) in section 401— (A) by inserting "(a)" after "SEC. 401."; (B) by striking out "$26,014,000" and inserting in lieu thereof "$38,314,000"; and (C) by adding at the end the following new subsections: "(b) The Secretary shall, in cooperation with other Federal, State, and local governmental entities and private entities experienced in the fields of outdoor recreation and visitor services, develop and implement a comprehensive plan for visitor use and overnight visitor facilities for the park. The plan shall set forth methods of achieving an appropriate level and type of visitation in order that the resources of the park and its environs may be interpreted for, and used and enjoyed by, the public in a manner consistent with the purposes for which the park was established. Such plan may include appropriate informational and educational messages and materials.

Land reversion toU.S.

Agreement requirements, State noncompliance. Judicial review.

Presidential recommendations to Congress. 16 USC 160f.

Appropriations authorization. 16 USC 160k.

Visitor use and facilities plan.

�


text:
Page:United States Statutes at Large Volume 96 Part 2.djvu/668

 96 STAT. 2030

PUBLIC LAW 97-405—JAN. 3, 1983

In the development and implementation of such plan the Secretary may expend funds donated or appropriated for the purposes of this ici >i subsection. Effective October 1, 1983, there is authorized to be appropriated for the purposes of this subsection not to exceed $250,000, to remain available until expended. Study, report to "(c) The Secretary is directed to study existing road access to the Congress. park and to report to Congress on the impact of park-related use of those roads and to report specific recommendations on improvements necessary to insure adequate road access to the park. The Secretary is directed to report, within one year of the date of enactment of the Act which appropriates funds authorized under this subsection, to the Committee on Interior and Insular Affairs of the House of Representatives and to the Committee on Energy and Natural Resources of the Senate. Effective October 1, 1983, there is authorized to be appropriated for the purposes of this subsection not to exceed $75,000. "(d) For purposes of section 7(a)(3) of the Land and Water Conser16 USC 460/-9. vation Fund Act of 1965 (16 U.S.C. 4601-9(a)(3)), the statutory ceilings on appropriations established by this section shall be deemed to be statutory ceilings contained in a provision of law enacted prior to the convening of the Ninety-fifth Congress. Approved January 3, 1983.

'.y?-l ri

, '.I'M

b»-i -rcu 1,

''.•<•:

LEGISLATIVE HISTORY—S. 625 (H.R. 846): HOUSE REPORT No. 97-871 accompanying H.R. 846 (Comm. on Interior and Insular Affairs). SENATE REPORT No. 97-423 (Comm. on Energy and Natural Resources). CONGRESSIONAL RECORD, Vol. 128 (1982): June 10, considered and passed Senate. Sept. 29, H.R. 846 considered and passed House; proceedings vacated and S. 625, amended, passed in lieu. Oct. 1, Senate concurred in House amendments with amendments. Dec. 14, House concurred in certain Senate amendments and in another with an amendment. Dec. 16, Senate agreed to House amendment.

�


text: Page:Narrative of an Official Visit to Guatemala.djvu/551


text:
Page:United States Statutes at Large Volume 96 Part 2.djvu/669

 PUBLIC LAW 97-406—JAN. 3, 1983

96 STAT. 2031

Public Law 97-406 97th Congress An Act Entitled the "Educational Mining Act of 1982".

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, subject to the conditions and limitations specified in this Act, the Secretary of the Interior (hereinafter referred to as the "Secretary") is authorized and directed to convey to the University of Alaska, all right, title, and interest of the United States in the following described land comprising approximately seventy-six acres: FAIRBANKS MERIDIAN, ALASKA

Township 2 North, Range 1 East Section 8: East half southeast quarter southwest quarter northeast quarter southeast quarter, North half southwest quarter southeast quarter northeast quarter southeast quarter, South half south half southeast quarter northeast quarter southeast quarter. East half northeast quarter northwest quarter southeast quarter southeast quarter. Northeast quarter southeast quarter southeast quarter. North half southeast quarter southeast quarter southeast quarter. North half south half southeast quarter southeast quarter southeast quarter. South half southeast quarter southeast quarter southeast quarter southeast quarter, Section 9: West half southwest quarter southwest quarter. South half southwest quarter northwest quarter northeast quarter southwest quarter southwest quarter. Southwest quarter northeast quarter southwest quarter southwest quarter, southeast quarter southwest quarter southwest quarter. West half west half southwest quarter southeast quarter southeast quarter southwest quarter. Southwest quarter southeast quarter southwest quarter, South half southwest quarter northwest quarter southeast quarter southwest quarter. SEC. 2. Conveyance under this Act shall be made only (a) upon the Secretary being satisfied that no valid mining claims exist on the described lands; and (b) upon the condition that the described land shall be held and used by the University of Alaska and shall not be conveyed by the university.

Jan.3, 1983 [S. 1501]

Educational ^fi*^^"^^ ^*^* °^ 1982.

�


text: Page:Narrative of an Official Visit to Guatemala.djvu/550


text:
Page:United States Statutes at Large Volume 96 Part 2.djvu/670

 96 STAT. 2032

PUBLIC LAW 97-406—JAN. 3, 1983

SEC. 3. No conveyance shall be made unless application for conveyance is filed by the university with the Secretary within six months of the date of the approval of this Act. SEC. 4. The Secretary may at his discretion require that he be provided a perimeter survey of the described lands. All costs of obtaining such survey shall be borne by the university. Approved January 3, 1983.

-IT

,'.

 * BBI>1 1 iil-X:^i^^^ fin-

- »., ^ •

'.il'O >

y.:!.^ <-.'.'.', -'iff

 * 8 «olir>t?&

'f* "^ 7'''> >i >

'IvU'.

OJ*

^F,./

LEGISLATIVE HISTORY—S. 1501: HOUSE REPORT No. 97-952 (Comm. on Interior and Insular Affairs). SENATE REPORT No. 97-370 (Comm. on Energy and Natural Resources). CONGRESSIONAL RECORD, Vol. 128 (1982): May 10, considered and passed Senate. Dec. 14, considered and passed House, amended. Dec. 19, Senate disagreed to House amendment. Dec. 20, House receded from its amendment.

.t.• ^ v.

�


text:
Page:United States Statutes at Large Volume 96 Part 2.djvu/671

 PUBLIC LAW 97-407—JAN. 3, 1983

96 STAT. 2033

Public Law 97-407 -m 97th Congress An Act To designate certain lands in the Mark Twain National Forest in Missouri, which comprise approximately six thousand eight hundred and eighty-eight acres, and which are generally depicted on a map entitled "Paddy Creek Wilderness Area", as a component of the National Wilderness Preservation System.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be known as the Paddy Creek Wilderness Act of 1981. SEC. 2. In furtherance of the purposes of the Wilderness Act (78 Stat. 890) and the Act of January 3, 1975 (88 Stat. 2096), the following area as generally depicted on a map appropriately referenced, dated December 1981, is hereby designated as wilderness and, therefore, as a component of the National Wilderness Preservation System; certain lands in the Mark Twain National Forest, Missouri, which comprise about six thousand eight hundred and eighty-eight acres, are generally depicted on a map entitled "Paddy Creek Wilderness Area", dated December 1981, and shall be known as the Paddy Creek Wilderness Area. SEC. 3. As soon as practicable after this Act takes effect, the Secretary of Agriculture shall file a map and legal description of the Paddy Creek Wilderness Area with the Energy and Natural Resources Committee of the Senate and the Committees on Agriculture and Interior and Insular Affairs of the House of Representatives, and such map and legal description shall have the same force and effect as if included in this Act: Provided, however. That correction of clerical and typographiceil errors in such legal description and map may be made. SEC. 4. The area designated as wilderness by this Act shall be administered in accordance with the applicable provisions of the Wilderness Act (78 Stat. 890) and the Act of January 3, 1975 (88 Stat. 2096), except that any reference in such provisions to the effective date of such Acts shall be deemed to be a reference to the effective date of this Act. SEC. 5. (a) The Congress finds that— (1) the Department of Agriculture has completed the second roadless area review and evaluation program (RARE II); and (2) the Congress has made its own review and examination of National Forest System roadless areas in the State of Missouri and of the environmental impacts associated with alternative allocations of such areas. (b) On the basis of such review, the Congress hereby determines and directs that— (1) without passing on the question of the legal and factual sufficiency of the RARE II Final Environmental Statement (dated January 1979) with respect to National Forest System lands in States other than Missouri such statement shall not be subject to judicial review with respect to National Forest System lands in the State of Missouri;

Jan. 3, 1983 [S. 1965]

Paddy Creek Wilderness Act of 1981. 16 USC 1132 note. 16 USC 1131 note.

Map and legal description, filing with congressional committees.

Effective date. 16 USC 1131 note.

�


text: Page:Narrative of an Official Visit to Guatemala.djvu/549


text:
Page:United States Statutes at Large Volume 96 Part 2.djvu/672

 96 STAT. 2034 Review and evaluation.

16 USC 1600 note. 16 USC 1600 note.

16 USC 1605. 16 USC 1600 note. Review and evaluation.

PUBLIC LAW 97-407—JAN. 3, 1983 (2) with respect to the National Forest System lands in the State of Missouri which were reviewed by the Department of Agriculture in the second roadless area review and evaluation (RARE II), except those lands remaining in further planning upon enactment of this Act, or designated as wilderness by this Act or previous Acts of Congress that review and evaluation shall be deemed for the purposes of the initial land management plans required for such lands by the Forest and Rangeland Renewal Resources Planning Act of 1974 as amended by the National Forest Management Act of 1976 (Public Law 94-588) to be an adequate consideration of the suitability of such lands for inclusion in the National Wilderness Preservation System and the Department of Agriculture shall not be required to review the wilderness option prior to the revision of the initial plans and in no case prior to the date established by law for completion of the initial planning cycle; (3) areas in the State of Missouri reviewed in such final environmental statement and not designated as wilderness by this Act or previous Acts of Congress or remaining in further planning upon enactment of this Act shall be managed for multiple use pursuant to section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974 as amended by the National Forest Management Act of 1976; and (4) unless expressly authorized by Congress the Department of Agriculture shall not conduct any further statewide roadless area review and evaluation of National Forest System lands in the State of Missouri for the purpose of determining their suitability for inclusion in the National Wilderness Preservation System. Approved January 3, 1983.

,^.-.^.r,,,.4.!

- ,

r.-

,..v1.4

!H**~'5-

LEGISLATIVE HISTORY—S. 1965: HOUSE REPORT No. 97-949 Pt. 1 (Comm. on Interior and Insular Affairs). SENATE REPORT No. 97-554 (Comm. on Energy and Natural Resources). CONGRESSIONAL RECORD, Vol. 128 (1982): Oct. 1, considered and passed Senate. Dec. 14, considered in House. Dec. 15, failed of passage in House. Dec. 16, considered and passed House, amended. Dec. 19, Senate agreed to House amendments.

�


text:
Page:United States Statutes at Large Volume 96 Part 2.djvu/673

 PUBLIC LAW 97-408—JAN. 3, 1983

96 STAT. 2035

Public Law 97-408 97th Congress An Act To provide for the use and distribution of funds awarded to the Blackfeet and Gros •Ventre Tribes of Indians and the Assiniboine Tribe of Fort Belknap Indian Community, in certain dockets of the United States Court of Claims and of funds awarded to the Papago Tribe of Arizona in dockets numbered 345 and 102 of the Indian Claims Commission, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That, notwithstanding any other provision of law, the funds appropriated in accordance with section 1302 of the Supplemental Appropriation Act (31 U.S.C. 724a), on January 23, 1981, in satisfaction of a judgment awarded to the Blackfeet and Gros Ventre Tribes of Indians and the Assiniboine Tribe of the Fort Belknap Indian Community in dockets numbered 250-A and 279-C of the United States Court of Claims; on July 16, 1981, in satisfaction of a judgment awarded to the Gros Ventre Tribe of Fort Belknap Indian Community in docket numbered 309-74 of the United States Court of Claims; and 26.8 per centum of the funds appropriated on June 30, 1981, in satisfaction of a judgment awarded to the Blackfeet and Gros Ventre Tribes in docket numbered 649-80L of the United States Court of Claims, less attorney fees and litigation expenses, but including all accrued interest and investment income, shall be distributed and used as herein provided. SEC. 2. The funds appropriated to the Blackfeet Tribe of the Blackfeet Reservation, Montana, in docket numbered 279-C, in an original amount of $400,000, shall be held in trust and invested by the Secretary of the Interior (hereinafter "Secretary") for the benefit of the members of the Blackfeet Tribe. The governing body of such tribe is authorized to utilize such funds on a budgetary basis, subject to approval of the Secretary, for governmental operations and social and economic programs. SEC. 3. The funds appropriated to the Assiniboine Tribe of the Fort Belknap Indian Community, Montana, in docket numbered 250-A, in the original amount of $2,170,013 shall be used and distributed as follows: Provided, That no person shall be eligible to share in more than one award in his own right: (a) Eighty per centum of such funds shall be distributed in the form of per capita payments (in sums as equal as possible) to all persons duly enrolled as Assiniboine members of the Fort Belknap Indian Community and born on or prior to, and living on, the date of enactment of this Act. (b) Twenty per centum of such funds shall be held in trust and invested by the Secretary for the benefit of the members of the Assiniboine Tribe of the Fort Belknap Indian Community. The treaty committee of such tribe is authorized to utilize such funds on a budgetary basis, subject to approval of the Secretary, for social and economic programs. Such programs may include, but are not limited to, land acquisitions and the development of local reservation projects.

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

22: QL3

Jan. 3, 1983 [S. 1986]

Indizms. Judgment funds, distribution to certain tribes.

Blackfeet Tribe of Montana.

Assiniboine Tribe of the Fort Belknap Indian Community, Montana.

�


text:
Page:United States Statutes at Large Volume 96 Part 2.djvu/674

 96 STAT. 2036 Gros Ventre Tribe of the Fort Belknap Indian Community, Montana.

•^l

Per capita payments.

Tax exemption.

Papago Tribe of Arizona.

PUBLIC LAW 97-408—JAN. 3, 1983

SEC. 4. The funds appropriated to the Gros Ventre Tribe of the Fort Belknap Indian Community, Montana, in docket numbered 279-C, in the original amount of $2,094,987; in docket numbered 309-74, in the original amount of $77,780.13; and in docket numbered 649-80L, in the initial amount of 26.8 per centum of $29,404,951.94, shall be used and distributed as follows: Provided, That no person shall be eligible to share in more than one award in his own right: (a) Eighty per centum of such funds shall be distributed in the form of per capita payments (in sums as equal as possible) to all persons born on or prior to, and living on, the date of enactment of this Act who are (1) duly enrolled members of the Gros Ventre Tribe of the Fort Belknap Indian Reservation who possess at least one-quarter degree Gros Ventre blood or (2) who are enrolled in the Fort Belknap Indian Community and who are at least one-fourth degree Gros Ventre and Assiniboine blood, but not less than one-eighth degree Gros Ventre blood, and are not eligible to share under section 3 of this Act. 0)) Twenty per centum of such funds shall be held in trust and invested by the Secretary for the benefit of the members of the Gros Ventre Tribe of the Fort Belknap Indian Reservation. The treaty committee of such tribe is authorized to utilize such funds on a budgetary beisis, subject to approval of the Secretary, for social and economic programs. Such programs may include, but are not limited to, land acquisition and the development of local reservation projects. (c) Nothing in this section is deemed in anyway to increase, diminish, or in an3rway affect the right of the Gros Ventre Tribe to determine its membership. SEC. 5. The per capita shares of living competent adults shall be paid directly to them. Per capita shares of deceased individual beneficiaries shall be determined and distributed pursuant to regulations prescribed by the Secretary. Per capita shares of individuals under eighteen shall be paid m accordance with such procedures, including the establishment of trusts, as the Secretary determines to be necessary to protect and preserve the interests of such individuals. SEC. 6. None of the funds distributed per capita or held in trust under provisions of this Act shall be subject to Federal or State income taxes, and the per capita payments shall not be considered as income or resources when determining the extent of eligibility for assistance under the Social Security Act or other Federal assistance programs. SEC. 7. The Secretary is authorized to prescribe rules and regulations to carry out the provisions of this Act, including the establishment of deadlines for filing applications for enrollment. SEC. 8. (a) Notwithstanding any other law, the funds appropriated by the Act of September 30, 1976 (90 Stat. 1416), in satisfaction of a judgment awarded to the Papago Tribe of Arizona in dockets numbered 345 and 102 of the Indian Claims Commission, less attorney fees and litigation expenses, but including all accrued interest or investment income, shall be used and distributed as provided in this Act. (b) Fifty per centum of such funds shall be held in trust by the Secretary for the benefit of the Papago Tribe and shall be administered or invested by the Secretary for the best interest of the tribe under existing law. Such funds shall be held and used as follows:

�


text:
Page:United States Statutes at Large Volume 96 Part 2.djvu/675

 PUBLIC LAW 97-408—JAN. 3, 1983

96 STAT. 2037

(1) All interest or investment income accruing to said funds shall be available, at the request of the tribe on a quarterly basis, for use by the Papago Tribal Council on an annual budgetary basis for expenditures of the tribal government, and for health, education, and social services, capital improvements and economic development programs of the tribe and of the district and communities of the tribe's reservation. Any interest or investment income accrued during the year and remaining J available at the end of the tribe's fiscal year shall, at the request of the tribe, be added to the principal amount. (2) A portion of such funds, principal and accrued interest or investment income, but not in the aggregate a sum in excess of 20 per centum of the initial principal amount, shall be available upon the request to the tribe for capital improvement or major economic development activities of benefit to the tribe as a whole pursuant to a plan or plans developed by the Papago Tribal Council and approved by the Secretary. (3) Sufficient funds from the principal amount of such funds shall be available to the Secretary to insure that the per capita distribution of $1,000 to each enrollee is completed as provided in subsection (c) to the extent that there are not sufficient funds in the amount set aside for per capita distribution to make such payment. (c) Fifty per centum of such funds shall be held and administered by the Secretary for per capita distribution and such sums, together with any accrued interest or investment income, shall be distributed and used as follows: (1) The membership roll of the tribe shall be brought current to the date of enactment of this Act pursuant to the criteria specified in the tribal constitution and the provisions of the Papago Enrollment Ordinance, ordinance numbered 5-81, and the Papago Enrollment Manual, or other ordinances and regulations adopted by the Papago Tribal Council and approved by the Secretary: Provided, That no application for membership on the roll may be filed or received by the tribe for purposes of per capita pa3mients under this section one hundred and eighty days after the date of enactment of this Act. (2) Sufficient funds shall be made available to the tribe on an annual budgetary basis from interest and investment income accruing to such funds to assist the tribe to bring the membership roll current as provided in paragraph (1) of the subsection. (3) Per capita distributions shall be made, in shares as equal as possible, to all members of the Papago Tribe who were born on or prior to, and living on, the date of enactment of this Act, as follows: (i) Persons whose applications for membership on the roll have been duly approved by the Papago Tribal Council on the date of enactment of this Act shall be paid the sum of $1,000 within forty-five days after the date of certification by the Secretary of their eligibility to share in funds under this subsection. (ii) Persons whose applications for membership on the roll have not been duly approved by the Papago Tribal Council on the date of enactment of this Act shall be paid the sum of $1,000 within ninety days after their membership has been approved by the Papago Tribal CoimcU and

jvSrK.

Membership roll.

Per capita payments.

�


text:
Page:United States Statutes at Large Volume 96 Part 2.djvu/676

 96 STAT. 2038

PUBLIC LAW 97-408—JAN. 3, 1983

their eligibility to share in funds under this subsection has been certified by the Secretary. (iii) Upon completion of the membership roll and of all appeals from adverse determinations on applications for membership, and upon the expiration of the time allowed for such appeals, any remaining amount, after the payments provided in paragraph (2) of this subsection and in subparagraphs (i) and (ii) of this paragraph, shall be distributed, in sums as equal as possible, to all enrolled members of the Papago Tribe. (iv) The per capita shares of living competent adults shall be paid directly to them. Per capita shares of deceased beneficiaries, legal incompetents, and minors shall be determined and distributed pursuant to regulations prescribed by the Secretary. (v) Any amount remaining after the per capita distributions to enrollees provided in subparagraph (iii) of this paragraph shall revert to the tribe and shall be added to the principal fund held and administered by the Secretary pursuant to subsection (b) of this section. Tax exemption. (d) None of the funds distributed per capita or held in trust under the provisions of this section shall be subject to Federal or State income taxes, and the per capita payments shall not be considered as income or resources when determining the extent of eligibility for assistance under the Social Security Act or other Federal assistance programs. Approved January 3, 1983.

LEGISLATIVE HISTORY—S. 1986: HOUSE REPORT No. 97-935 (Comm. on Interior and Insular Affairs). SENATE REPORT No. 97-492 (Comm. on Indian Affairs). CONGRESSIONAL RECORD, Vol. 128 (1982): Aug. 19, considered and passed Senate. Dec. 6, considered and passed House, amended. Dec. 16, Senate agreed to House amendments with an amendment. Dec. 17, House agreed to Senate amendment.

�


text:
Page:United States Statutes at Large Volume 96 Part 2.djvu/677

 PUBLIC LAW 97-409—JAN. 3, 1983

96 STAT. 2039

Public Law 97-409 97th Congress An Act To change the coverage of officials and the standards for the appointment of a special prosecutor in the special prosecutor provisions of the Ethics in Government Act of 1978, 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 "Ethics in Government Act Amendments of 1982". SEC. 2. (a)(1) Chapter 39 of title 28 of the United States Code is amended by— (A) striking out "special prosecutor" wherever it appears and inserting in lieu thereof "independent counsel"; and (B) striking out "special prosecutor's" wherever it appears and inserting in lieu thereof "independent counsel's". (2) The tables of chapters for title 28 of the United States Code and for part II of title 28 are amended by striking out the item relating to chapter 39 and inserting in lieu thereof the following new item:

j ^ j ^ 3 ^933 ' ' [^- 2059]

Ethics in Government Act f ^J^^'nents ot 28 USC i note. 28 USC 591 et
 * ^9-

"39. Independent Counsel.".

(b)(1) Section 49 of title 28 of the United States Code is amended by(A) striking out "special prosecutor" wherever it appears and inserting in lieu thereof "independent counsel"; '* (B) striking out "special prosecutors" wherever it appears and inserting in lieu thereof "independent counsels"; and (C) striking out "special prosecutor's" wherever it appears and inserting in lieu thereof "independent counsel's". (2) The item for section 49 in the table of sections for chapter 3 of title 28 of the United States Code is amended by striking out "special prosecutors" and inserting in lieu thereof "independent counsels (c) Title VI of the Ethics in Government Act of 1978 is amended 28 USC prec.59l, by^^1(1) striking out "SPECIAL PROSECUTOR" in the heading for section 601 and inserting in lieu thereof "INDEPENDENT |^„USC 592,594, COUNSEL";

^^^•

(2) striking out "special prosecutors" in subsection (c) of section 601 and inserting in lieu thereof "independent counsels"; 28 USC 591 note. and (3) striking out "SPECIAL PROSECUTORS" in the heading for section 602 and inserting in lieu thereof "INDEPENDENT 28 USC 49. COUNSELS".

SEC. 3. Paragraphs (3) through (6) of subsection O> of section 591 of t) title 28 of the United States Code are amended to read as follows: "(3) any individual working in the Executive Office of the President who is compensated at or above a rate equivalent to level II of the Executive Schedule under section 5313 of title 5; "(4) any Assistant Attorney General and any individual working in the Department of Justice compensated at a rate at or

^

':'"^ / if^

�


text:
Page:United States Statutes at Large Volume 96 Part 2.djvu/678

 96 STAT. 2040

Investigation.

Preliminary investigation.

28 USC 591.

•fit*'„)B'7

Limitation of authority.

PUBLIC LAW 97-409—JAN. 3, 1983

above level HI of the Executive Schedule under section 5314 of title 5; "(5) the Director of Central Intelligence, the Deputy Director of Central Intelligence, and the Commissioner of Internal Revenue; "(6) any individual who held any office or position described in any of paragraphs (1) through (5) of this subsection during the period consisting of the incumbency of the President such individual serves plus one year after such incumbency, but in no event longer than two years after the individual leaves office; "(7) any individual described in paragraph (6) who continues to hold office for not more than 90 days into the term of the next President during the period such individual serves plus one year after such individual leaves office; "(8) the chairman and treasurer of the principal national campaign committee seeking the election or reelection of the President, and any officer of the campaign exercising authority at the national level, such as the campaign manager or director, during the incumbency of the President.'. SEC. 4. (a)(1) Section 591(a) of title 28 of the United States Code is amended by striking out "specific information" and by inserting in lieu thereof "information sufficient to constitute grounds to investigate". (2) Section 591 of title 28 of the United States Code is amended by adding at the end thereof the following new subsection: "(c) Whenever the Attorney General receives information sufficient to constitute grounds to investigate that any person not described in subsection (b) of this section has committed a violation of any Federal criminal law other than a violation constituting a petty offense, the Attorney General may conduct an investigation and apply for an independent counsel pursuant to the provisions of this chapter if the Attorney General determines that investigation of such person by the Attorney General or other officer of the Department of Justice may result in a personal, financial, or political conflict of interest.". (b) Section 592(a) of title 28 of the United States Code is amended to read as follows: "(a)(1) Upon receiving information that the Attorney General determines is sufficient to constitute grounds to investigate that any person covered by the Act has engaged in conduct described in subsection (a) or (c) of section 591 of this title, the Attorney GenersJ shall conduct, for a period not to exceed ninety days, such preliminary investigation of the matter as the Attorney General deems appropriate. In determining whether grounds to investigate exist, the Attorney General shall consider— "(A) the degree of specificity of the information received, and "(B) the credibility of the source of the information. "(2) In conducting preliminary investigations pursuant to this section, the Attorney General shall have no authority to convene grand juries, plea bargain, grant immunity, or issue subpenas.". (c) Section 592(b)(l) of title 28 of the United States Code is amended by striking out "that the matter is so unsubstantiated that no further investigation or prosecution is warranted" and inserting in lieu thereof "that there are no reasonable grounds to believe that further investigation or prosecution is warranted". (d) Section 592(c)(l) of title 28 of the United States Code is amended by—

�


text:
Page:United States Statutes at Large Volume 96 Part 2.djvu/679

 PUBLIC LAW 97-409—JAN. 3, 1983

96 STAT. 2041

%,

(1) striking out "finds that the matter warrants further investigation or prosecution" and inserting in lieu thereof "finds reasonable grounds to believe that further investigation or prosecution is warranted"; (2) striking out "that the matter is so unsubstantiated as not to warrant further investigation or prosecution" and inserting in lieu thereof "that there are no reasonable grounds to believe that further investigation or prosecution is warranted"; and (3) adding at the end thereof the following new sentence: "In determining whether reasonable grounds exist to warrant further investigation or prosecution, the Attorney General shall comply with the written or other established policies of the Department of Justice with respect to the enforcement of criminal laws.". (e) Section 592(c)(2) of title 28 of the United States Code is amended— (1) in clause (A) by striking out "specific information" and inserting in lieu thereof "information sufficient to constitute grounds to investigate"; and (2) in clause (B) by striking out "such information warrants" and inserting in lieu thereof "reasonable grounds exist to warrant". SEC. 5. Section 593 of title 28 of the United States Code is amended by adding at the end thereof the following new subsections: "(f) Upon a showing of good cause by the Attorney General, the division of the court may grant a single extension of the preliminary investigation conducted pursuant to section 592(a) of this title for a period not to exceed sixty days. "(g) Upon request by the subject of an investigation conducted by an independent counsel pursuant to this chapter, the division of the court may, in its discretion, award reimbursement for all or part of the attorney's fees incurred by such subject during such investigation if— "(1) no indictment is brought against such subject; and "(2) the attorney's fees would not have been incurred but for the requirements of this chapter.". SEC. 6. (a) Subsection (a) of section 594 of title 28 of the United States Code is amended by— (1) striking out "and" at the end of paragraph (8); (2) striking out the period at the end of paragraph (9) and inserting in lieu thereof a semicolon and "and '; and (3) adding after paragraph (9) the following: "(10) consulting with the United States Attorney for the district in which the violation was alleged to have occurred.". (b) Subsection (f) of section 594 of title 28 of the United States Code is amended by— (1) striking out "to the extent that such special prosecutor deems appropriate" and inserting in lieu thereof "except where not possible"; and (2) striking out "written policies" and inserting in lieu thereof "written or other established policies". (c) Section 594 of title 28 of the United States Code is amended by adding at the end thereof the following new subsection: "(g) The independent counsel shall have full authority to dismiss matters within his prosecutorial jurisdiction without conducting an investigation or at any subsequent time prior to prosecution if to do so would be consistent with the written or other established policies

Preliminary investigation, extension. Attorney fees, reimbursement.

Dismissal authority.

�


text:
Page:United States Statutes at Large Volume 96 Part 2.djvu/680

 96 STAT. 2042

PUBLIC LAW 97-409—JAN. 3, 1983

of the Department of Justice with respect to the enforcement of criminal laws.". (d) Paragraph (1) of subsection (a) of section 596 of title 28 of the United States Code is amended by striking out "extraordinary impropriety" and inserting in lieu thereof "good cause". SEC. 7. Section 598 of title 28 of the United States Ckxie is amended by striking out "after the date of enactment of this chapter" and inserting in lieu thereof "after the date of enactment of the Ethics in Government Act Amendments of 1982". Approved January 8, 1988.

bah

i^/ d\.

LEGISLATIVE HISTORY—S. 2059:

.iprws;;

SENATE REPORT No. 97-496 (Comm. on Governmental Affairs). CONGRESSIONAL RECORD, Vol. 128 (1982): Aug. 12, considered and passed Senate. Dec. 13, considered and passed House, amended. Dec. 16, Senate agreed to House amendments.

�


text:
Page:United States Statutes at Large Volume 96 Part 2.djvu/681

 PUBLIC LAW 97-410—JAN. 3, 1983

96 STAT. 2043

Public Law 97-410 97th Congress An Act To amend the Communications Act of 1934 to provide reasonable access to telephone service for persons with impaired hearing and to enable telephone companies to accommodate persons with other physical disabilities.

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 "Telecommunications for the Disabled Act of 1982. SEC. 2. The Congress finds that— (1) all persons should have available the best telephone service which is technologically and economically feasible; (2) currently available technology is capable of providing telephone service to some individuals who, because of hearing impairments, require telephone reception by means of hearing aids with induction coils, or other inductive receptors; (3) the lack of technical standards ensuring compatibility between hearing aids and telephones has prevented receipt of the best telephone service which is technologically and economically feasible; and (4) adoption of technical standards is required in order to ensure compatibility between telephones and hearing aids, thereby accommodating the needs of individuals with hearing impairments. SEC. 3. Title VI of the Communications Act of 1934 (47 U.S.C. 601 et seq.) is amended by adding at the end thereof the following new section:

Jan. 3, 1983 [8.2355] Telecommunications for the Disabled Act of 1982. 47 USC 609 note. 47 USC 610 note.

"TELEPHONE SERVICE FOR THE DISABLED

"SEC. 610. (a) The Commission shall establish such regulations as are necessary to ensure reasonable access to telephone service by persons with impaired hearing. "Q3) The Commission shall require that essential telephones provide internal means for effective use with hearing aids that are specially designed for telephone use. For purposes of this subsection, the term 'essential telephones' means only coin-operated telephones, telephones provided for emergency use, and other telephones frequently needed for use by persons using such hearing aids. "(c) The Commission shall establish or approve such technical standards as are required to enforce this section. "(d) The Commission shall establish such requirements for the labeling of packaging materials for equipment as are needed to provide adequate information to consumers on the compatibility between telephones and hearing aids. "(e) In any rulemaking to implement the provisions of this section, the (Jommission shall specifically consider the costs and benefits to all telephone users, including persons with and without hearing impairments. The Commission shall ensure that regulations adopted to implement this section encourage the use of currently available technology and do not discourage or impair the development of improved technology.

Regulations. 47 USC 610. "Essential telephones."

�


text:
Page:United States Statutes at Large Volume 96 Part 2.djvu/682

 96 STAT. 2044

PUBLIC LAW 97-410—JAN. 3, 1983

"(f) The Commission shall complete rulemaking actions required by this section and issue specific and detailed rules and regulations resulting therefrom within one year after the date of enactment of Review. the Telecommunications for the Disabled Act of 1982. Thereafter the Commission shall periodically review such rules and regulations. Except for coin-operated telephones and telephones provided for emergency use, the Commission may not require the retrofitting of equipment to achieve the purposes of this section. speech, vision, or mobility is impaired. The State commission may allow the carrier to recover in its tariffs for regulated service reasonable and prudent costs not chained directly to users of such equipment. Enforcement. "(h) The Commission shall del^ate to each State commission the authority to enforce within such State compliance with the specific r^ulations that the Commission issues under subsections (a) and (b), conditioned upon the adoption and enforcement of such regulations by the State commission.". 47 USC 396 note. SEC. 4. Subparagraph (B) of paragraph (2) of section 1225(a) of the 95 Stat. 725. Public Broadcasting Amendments Act of 1981 is amended to read as follows: Directors, terms "(B) Notwithstanding the provisions of subsection (c) of section 396 of office. of the Communications Act of 1934, in the case of the offices of 47 USC 396. director the terms of which expired March 1982, persons appointed to fill two of such vacancies existing as of December 13, 1982, shall be appointed for terms which shall expire on March 1, 1984 and shall not be representative of the political party having a majority of the directors of the Board on December 13, 1982. Persons appointed for a term b a n n i n g March 1, 1984, to fill the vacancies occurring in such offices the terms of which, by reeison of the preceding sentence, expire on March 1, 1984, shall not be filled by persons representing the political party having a msgority of the directors of the Bocu^ on March 1, 1984. Persons appointed on or after March 1, 1984, to fill vacancies in the two such offices shall be appointed for terms of five years. On March 1, 1984, there are abolished those five offices of director the terms of which, without application of the preceding provisions of this paragraph, expire on such date. In administering the provisions of this paragraph a
 * (g) Any common carrier or connecting carrier may provide specialized terminal equipment needed by persons whose hearing,

A'i

t|ii«fo

�


text:
Page:United States Statutes at Large Volume 96 Part 2.djvu/683

 PUBLIC LAW 97-410—JAN. 3, 1983

96 STAT. 2045

director is a minority member of the Board if he is not a member of the political party to which the majority of the directors of the Board are members.". SEC. 5. The Communications Satellite Act of 1962, as amended (47 U.S.C. 701 et seq.), is amended by deleting the second sentence of section 304(b)(2) of such Act. Approved January 3, 1983.

LEGISLATIVE HISTORY—S. 2355: HOUSE REPORT No. 97-888 (Comm. on Energy and Commerce). SENATE REPORT No. 97-503 (Comm. on Commerce, Science, and Transportation). CONGRESSIONAL RECORD, Vol. 128 (1982): Aug. 18, considered and passed Senate. Dec. 13, considered and passed House, amended. Dec. 16, Senate concurred in House amendments with an amendment. Dec. 18, House concurred in Senate amendment.

47 USC 734.

�


text:
Page:United States Statutes at Large Volume 96 Part 2.djvu/684

 96 STAT. 2046

PUBLIC LAW 97-411—JAN. 3, 1983

Public Law 97-411 97th Congress Jan. 3, 1983 [S. 2955] Cheaha Wilderness Act. 16 USC 1132 note.

Effective date.

Map and legal description, filing with congressional committees.

Public inspection.

An Act To establish the Cheaha Wilderness in Talladega National Forest, Alabama.

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 "Cheaha Wilderness Act". SEC. 2. (a) In furtherance of the purposes of the Wilderness Act (16 U.S.C. 1131-1136), certain lands in the Talladega National Forest, Alabama, which comprise approximately six thousand seven hundred and eighty acres, as generally depicted on a map entitled "Cheaha Wilderness Proposed", dated May 1982, are hereby designated as wilderness and shall be known as the Cheaha Wilderness. (b) Subject to valid existing rights, the wilderness area designated under subsection (a) shall be administered by the Secretary of Agriculture (hereinafter in this Act referred to as the "Secretary") in accordance with the provisions of the Wilderness Act of 1964 (16 U.S.C. 1131-1136) governing areas designated by that Act as wilderness except that any reference in such provisions to the effective date of the Wilderness Act shall be deemed to be a reference to the effective date of this Act. (c) As soon as practicable after the date of the enactment of this Act, the Secretary shall submit a map and legal description of the wilderness area designated by subsection (a) to the Committee on Energy and Natural Resources of the Senate and the Committee on Interior and Insular Affairs of the House of Representatives. Such map and legal description shall have the same force and effect as if included in this Act, except that any clerical or typographical error in such map or legal description may be corrected. The Secretary shall place such map and legal description on file, and make them available for public inspection, in the Office of the Chief of the Forest Service, Department of Agriculture. Approved January 3, 1983.

LEGISLATIVE HISTORY—S. 2955 (H.R. 6011): HOUSE REPORT No. 97-646 accompanying H.R. 6011, Pt. 1 (Comm. on Interior and Insular Affairs) and Ft. 2 (Comm. on Agriculture). CONGRESSIONAL RECORD, Vol. 128 (1982): Aug. 2, 4, H.R. 6011 considered and passed House. Dec. 19, S. 2955 considered and passed Senate. Dec. 20, considered and passed House. ..... -: '

�


text:
Page:United States Statutes at Large Volume 96 Part 2.djvu/685

 PUBLIC LAW 97-412—JAN. 3, 1983

96 STAT. 2047

Public Law 97-412 97th Congress An Act To amend section 1304(e) of title 5, United States Code.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) section 1304(e)(1) of title 5, United States Code, is amended by inserting "(i)" after "(1)", and by adding a new paragraph as follows: "(ii) Participation fees, which the President's Commission on Executive Exchange may impose for private sector participation in its Executive Exchange Program shall be collected and credited to the fund, and shall be available for the costs of education and related travel of exchanged executives; for printing without regard to section 501 of title 44, United States Code; and, in such amounts as may be specified in appropriations Acts, for entertainment expenses.". (b) The authority granted in subsection (a) shall terminate on December 31, 1983. Approved January 3, 1983.

LEGISLATIVE HISTORY—S. 8103: CONGRESSIONAL RECORD, Vol. 128 (1982): Dec. 15, considered and passed Senate. Dec. 17, 20, considered and passed House.

Jan. 3, 1983 [S. 3103] United States Code, title 5, amendment. Executive Exchange Program, participation

Termination of authority. 5 USC 1304 note.

�


text:
Page:United States Statutes at Large Volume 96 Part 2.djvu/686

 96 STAT. 2048

PUBLIC LAW 97-413—JAN. 3, 1983

Public Law 97-413 97th Congress Joint Resolution Jan.3, 1983 [S.J. Res. 270]

l

^,,^. ^,. t'

Bicentennial of FlTght ^^""^

.-_r€ ' ~'J ' '^

To designate 1983 as the "Bicentennial of Air and Space Flight".

Whereas the first manned flight in history was made by Etienne de Montgolfier at LaMuette, France, on November 21, 1783, releasing man from his terrestrial shackles; Whereas a few months later in Baltimore, Maryland, a thirteenyear-old boy named Edward Warren soared aloft in a balloon launched by Peter Carnes, Esquire, who a few days previously launched America's first hot air balloon, the Splendid Chariot, from the grounds of the Indian Queen Tavern in Bladensburg, Maryland; Whereas the United States and its first ally, France, together with many other countries will celebrate the extraordinary achievements in air and space flight of the past two centuries; Whereas the United States Organizing Committee has been established to plan, coordinate, and assist in the implementation of national. State, and local festivities during 1983; Whereas the bicentennial provides an opportunity for increasing public awareness in international trade, of education in science, mathematics, and engineering, and of reigniting the creativity and competitiveness that has historically fueled America and its economy: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled. That the year commencing January 1, 1983, is hereby designated the "Bicentennial of Air and Space Flight", and the President is authorized and requested to issue a proclamation calling upon the people of the United States to observe the year with appropriate ceremonies and activities. Approved January 3, 1983.

LEGISLATIVE HISTORY—S.J. Res. 270: CONGRESSIONAL RECORD, Vol. 128 (1982): Dec. 7, considered and passed Senate. Dec. 20, considered and passed House.

�


text:
Page:United States Statutes at Large Volume 96 Part 2.djvu/687

 PUBLIC LAW 97-414—JAN. 4, 1983 Public Law 97-414 97th Congress

96 STAT. 2049

An Act

To amend the Federal Food, Drug, and Cosmetic Act to facilitate the development of drugs for rare diseases and conditions, and for other purposes.

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

Jan. 4, 1983 [H.R. 5238] Orphan Drug Act.

SHORT TITLE; F I N D I N G S

1. (a) This Act may be cited as the "Orphan Drug Act", 21 USC 301 note. 21 USC 360aa (b) The Congress finds that— (1) there are many diseases and conditions, such as Hunting- note. ton's disease, myoclonus, ALS (Lou Gehrig's disease), Tourette syndrome, and muscular dystrophy which affect such small numbers of individuals residing in the United States that the diseases and conditions are considered rare in the United States; (2) adequate drugs for many of such diseases and conditions have not been developed; (3) drugs for these diseases and conditions are commonly referred to as "orphan drugs"; (4) because so few individuals are affected by any one rare disease or condition, a pharmaceutical company which develops an orphan drug may reasonably expect the drug to generate relatively small sales in comparison to the cost of developing the drug and consequently to incur a financial loss; (5) there is reason to believe that some promising orphan drugs will not be developed unless changes are made in the applicable Federal laws to reduce the costs of developing such drugs and to provide financial incentives to develop such drugs; and (6) it is in the public interest to provide such changes and incentives for the development of orphan drugs. SECTION

AMENDMENTS TO THE FEDERAL FOOD, DRUG, AND COSMETIC ACT

SEC. 2. (a) Chapter V of the Federal Food, Drug, and Cosmetic Act is amended by adding at the end the following: "SUBCHAPTER B—DRUGS FOR RARE DISEASES OR CONDITIONS RECOMMENDATIONS FOR INVESTIGATIONS OF DRUGS FOR RARE DISEASES OR CONDITIONS

"SEC. 525. (a) The sponsor of a drug for a disease or condition which is rare in the States may request the Secretary to provide written recommendations for the non-clinical and clinical investigations which must be conducted with the drug before— "(1) it may be approved for such disease or condition under section 505, or

21 USC 360aa. ''

' ' ^

21 USC 355.

�


text:
Page:United States Statutes at Large Volume 96 Part 2.djvu/688

 96 STAT. 2050

"(2) if the drug is a biological product, before it may be licensed for such disease or condition under section 351 of the Public Health Service Act. If the Secretary has reason to believe that a drug for which a request is made under this section is a drug for a disease or condition which is rare in the States, the Secretary shall provide the person making the request written recommendations for the nonclinical and clinical investigations which the Secretary believes, on the basis of information available to the Secretary at the time of the request under this section, would be necessary for approval of such drug for such disease or condition under section 505 or licensing under section 351 of the Public Health Service Act for such disease or condition. "(b) The Secretary shall by regulation promulgate procedures for the implementation of subsection (a).

42 USC 262.

.\

PUBLIC LAW 97-414—JAN. 4, 1983

.,,

21 USC 355.

DESIGNATION OF DRUGS FOR RARE DISEASES OR CONDITIONS 21 USC 360bb.

"Rare disease or condition."

Notice.

,. •,

.

_

21 USC 360CC.

"SEC. 526. (a)(1) The manufacturer or the sponsor of a drug may request the Secretary to designate the drug as a drug for a rare disease or condition. If the Secretary finds that a drug for which a request is submitted under this subsection is being or will be investigated for a rare disease or condition and— "(A) if an application for such drug is approved under section 505, or "(B) if the drug is a biological product, a license is issued under section 351 of the Public Health Service Act, the approval or license would be for use for such disease or condition, the Secretary shall designate the drug as a drug for such disease or condition. A request for a designation of a drug under this subsection shall contain the consent of the applicant to notice being given by the Secretary under subsection (b) respecting the designation of the drug. "(2) For purposes of paragraph (1), the term 'rare disease or condition' means any disease or condition which occurs so infrequently in the United States that there is no reasonable expectation that the cost of developing and making available in the United States a drug for such disease or condition will be recovered from sales in the United States of such drug. Determinations under the preceding sentence with respect to any drug shall be made on the basis of the facts and circumstances as of the date the request for designation of the drug under this subsection is made. "(b) Notice respecting the designation of a drug under subsection (a) shall be made available to the public. "(c) The Secretary shall by regulation promulgate procedures for the implementation of subsection (a). PROTECTION FOR UNPATENTED DRUGS FOR RARE DISEASES OR CONDITIONS

"SEC. 527. (a) Except as provided in subsection (b), if the Secretary— "(1) approves an application filed pursuant to section 505(b), or "(2) issues a license under section 351 of the Public Health Service Act

�