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PUBLIC LAW 91-258-MAY 21, 1970

[84 STAT.

" (3) A L L O W A N C E OF CREDIT AGAINST INCOME T A X. — "For allowances of credit against the income tax imposed by subtitle A for fuel used or resold by the purchaser, see section 39.

" (g) REGULATIONS.—The Secretary or his delegate may by regulations prescribe the conditions, not inconsistent with the provisions of this section, under which payments may be made under this section. " (h) CROSS REFERENCES.— "(1) For civil penalty for excessive claims under this section, see section 6675. "(2) For fraud penalties, etc., see chapter 75 (section 7201 and following, relating to crimes, other offenses, and forfeitures)."

79 Stat. 165. 79 Stat. 137.

(b) TiME FOR FiLiNG CLAIMS.—Section 6420(b)(2)(B) (relating to gasoline used on farms), section 6421(c)(3)(A) (ii) (relating to gasoline used for certain nonhighway purposes or by local transit systems), and section 6424(b)(1) (relating to lubricating oil not used in highway vehicles) are each amended by striking out "time prescribed by law for filing an income tax return for such taxable year" and inserting in lieu thereof "time prescribed by law for filing a claim for credit or refund of overpayment of income tax for such taxable year".

26 USC 39 ^'

^^) CREDIT AGAINST INCOME TAX.—Section 39 (relating to certain

Ante, p. 246.

uses of gasoline and lubrication oil) is amended— (1) by inserting ", SPECIAL FUELS," after "GASOLINE" in the heading of such section; (2] by striking out "and" at the end of subsection (a)(2), by striking out the period at the end of subsection (a)(3) and inserting in lieu thereof ", and", and by adding at the end of subsection (a) the following new paragraph: "(4) midcT section 6427 with respect to fuels used for nontaxable purposes or resold during the taxable year (determined without regard to section 6427(f))."; (3) by striking out "6421 or 6424" in subsection (c) and inserting in lieu thereof "6421,6424, or 6427"; and (4) by striking out "6421 (i) or 6424(g)" in subsection (c) and inserting in lieu thereof "6421 (i), 6424(g), or 6427(f)". (d) TECHNICAL AND CONFORMING AMENDMENTS.—

^^79 Stat. 167.

(1) Sectious 874(a), 6201(a)(4), and 6401(b) are each amended by striking out "uses of gasoline and lubricating oil" and inserting in lieu thereof "uses of gasoline, special fuels, and lubricating oil". (2) The heading of section 6201(a)(4) is amended by striking out "FOR USE OF GASOLINE" and inserting in lieu thereof "UNDER SECTION 39".

75 ^'^'- 139-

72 Stat. 1306.

(3) Section 6206 is amended— (A) by striking out "AND 6424" in the heading of such section and inserting in lieu thereof "6424, A N D 6427" ^ (B) by striking out "or 6424" each place it appears in the text of such section and inserting in lieu thereof "6424, or 6427"; and (C) by striking out "by section 4081 (or, in the case of lubricating oil, by section 4091)" and inserting in lieu thereof "by section 4081 (with respect to payments under sections 6420 and 6421), 4091 (with respect to payments under section 6424), or 4041 (with respect to payments under section 6427)". (4) Section 6416(b)(2)(G) is amended by inserting "before July 1, 1970" after "if".

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249

(5) Section 6 4 1 6 (b)(2)(H) is amended by inserting "begin- Hl'sc e^iei ning before July 1, 1970," after "during any calendar quarter". (6) Section 6416(b)(2)(I) is amended by inserting "before July 1, 1970," after "used or resold for use". (7) Section 6416(b)(2)(J) is amended by inserting "before July 1, 1970," after "used or resold for use". (8) Section 6675 is amended— 79 stat^'iag.' (A) by striking out "GASOLINE" in the heading of such section and inserting in lieu thereof "FUELS"; (B) by striking out "or" before "6424" in subsection (a), and by inserting after "motor vehicles)" in such subsection ", or 6427 (relating to fuels not used for taxable purposes)"; and (C) by striking out "or 6424" in subsection (b)(1) and inserting in lieu thereof "6424, or 6427". (9) Sections 7210, 7603, and 7604j and the first sentence of sec- ^^^SA Stat. 854, tion 7605^a) are each amended by inserting "6427(e)(2)," after "6424(d)(2),". The second sentence of section 7605(a) is amended by striking out "or 6424(d)(2)" and inserting in lieu thereof "•6424(d)(2), or 6427(e)(2)". (10) The table of sections for subpart A of part IV of subchapter A of chapter 1 is amended by inserting ", special fuels," after "gasoline" in the item relating to section 39. (11) The table of sections for subchapter A of chapter 63 is amended by striking out "and 6424" in the item relating to section 6206 and inserting in lieu thereof "6424, and 6427". (12) The table of sections for subchapter B of chapter 65 is amended by adding at the end thereof the following new item: "Sec. 6427. Fuels not used for taxable purposes." (13) The table of sections for subchapter B of chapter 68 is amended by striking out "gasoline" in the item relating to section 6675 and inserting in lieu thereof "fuels". (e) HIGHWAY TRUST F U N D AMENDMENTS.—Subsection (f) of section 209 of the Highway Revenue Act of 1956 (23 U.S.C., sec. 120 note) is amended— 70 Stat. 399. (1) by inserting at the end of paragraph (3) the following new sentence: "This paragraph shall not apply to amounts estimated by the Secretary of the Treasury as paid under sections 6420 and 6421 of such Code with respect to gasoline used after June 30, ^"'^' P- ^'*^1970, in aircraft."; (2) by striking out "GASOLINE AND LUBRICATING OIL" in the heading of paragraph (6) and inserting in lieu thereof "GASO- 79 Stat. les. LINE, SPECIAL FUELS, AND LUBRICATING OIL";

(3) by striking out "(relating to credit for certain uses of gasoline and lubricating oil) with respect to gasoline and lubricating oil" in the first sentence of paragraph (6) and inserting in lieu thereof " (relating to credit for certain uses of gasoline, special fuels, and lubricating oil) with respect to gasoline, special fuels, and lubricating oil"; (4) by adding at the end of paragraph (6) the following new sentence: "This paragraph shall not apply to amounts estimated by the Secretary of the Treasury as attributable to the use after June 30, 1970, of gasoline and special fuels in aircrafts."; and (5) by adding after paragraph (6) the following new paragraph: "(7)

TRANSFERS FROM TRUST FUND FOR NONTAXABLE USES OF

FUELS.—The Secretary of the Treasury shall pay from time to time from the Trust Fund into the general fund of the Treasury amounts equivalent to the amounts paid before July 1, 1973, under

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Fitzgerald have left office in debt. In 1233 he was ordered to seize Miloc Castle from Richard de Burgh, and distrain for this noble's debts to the king (February 1234), and was afterwards empowered to take further measures (Royal Letters, i. 410-14). In May 1237 he was bidden to let the earl's friends buy their pardon. The marriage of Henry's sister, Isabella, to the emperor Frederic II brought with it fresh demands, and Maurice was expected to wring a scutage of two marks and a thirtieth from his Irish subjects. He was granted safe-conducts to England in May and July 1234, as well as in 1237 and 1242. He seems to have actually been in England late in 1234 or early in 1235, and perhaps in 1244. He was ordered to provide men, money, provisions, and galleys for the Gascon expedition of 1242. In January 1245 he was bidden to build four wooden towers for the expedition against Wales (,i. 302, 304, 313, &c. ;, p. 31). Accompanied by Felim he took a part in this war, in which he seems to have incurred the king's displeasure by putting some of his Irish followers to death in Anglesey. In 1237 the king sent over a commissioner to audit his accounts, and on 4 Nov. 1245 he resigned his office to John Fitzgeoffrey, the son of a previous justiciar (, i. 408, 440, &c. ;, p. 31 ; , pp.76-7; ,p.191,&c.) Matters were finally compromised by the infliction of a fine of four hundred marks (2 July 1248). This fine Maurice was at first permitted to pay off by instalments ; later the payments were respited (29 April 1250), and finally (10 June 1251) in a great measure remitted (September 1252). In August 1248 Maurice had gone to Gascony on the king's service. In December 1253 he was again summoned to Gascony to take part in the meditated war with the king of Castile. A later brief seems, however, to show that the new justiciar crossed the sea (Loch Cé, p. 405), leaving Maurice as his deputy in Ireland (, vol. i. Nos. 305-7, 356-7). Meanwhile, though no longer justiciar, he had been equally active in Ireland. In 1248 he expelled Roderic O'Canannan from Tir-Conaill. Next year he invaded Connaught to avenge the death of Gerald Mac Feorais, and a little later led an expedition from Munster and Connaught to meet another under the justiciar at Elphin. The united armies deposed Felim O'Conor, setting up his nephew Turlough in his place. Felim was restored by Brian O'Neill and the Cenel-Eoghain in 1250. In the same year, probably in return for Brian's interference in Connaught, Maurice invaded the land of the Cenel-Eoghain, but failed to reduce its lord. In 1253 he made another futile attack upon Brian O'Neill and the Cenel-Eoghain, and two years later he crossed over 'to meet the king of the Saxons' at about the same time as Felim's envoys. The 'Four Masters' represent him as in 1257 accompanying the new lord justice against Godfrey O'Domhnaill, and distinguished himself in a single combat with Godfrey. Matthew Paris, however, seems to put Maurice's death in the beginning of 1257, whereas the 'Irish Annals' date Godfrey's death, which was due to wounds received in this expedition, in 1258. The State Papers show conclusively that he was alive on 8 Nov. 1256, but dead by Christmas 1257 (Loch Cé ; Ann. Four Masters ;, v. 642 ; , ii. 524, 563 ; cf. , p. 15). Fitzgerald had served the king long and faithfully. In 1255 Henry wrote to thank him for his strenuous defence of the country. As justiciar he was vigorously engaged in fortifying castles against the Irish ; by 2 Nov. 1236 he had already fortified three, and was bidden to build two more in the coming summer. For their construction he was allowed to draft workmen from Kent (Royal Letters, i. 400 ;, p. 352, &c.) On Richard de Burgh's resignation he was empowered to take over all the royal castles, even including the great stronghold of Miloc. When the same noble died his castles were put in Maurice's charge (23 Aug. 1243), and ten years later (3 Aug. 1253) Richard's son, Walter, brought an assize 'mort d'ancestor' against the warden. His deposition from the justiciarship was due to his remissness on the Welsh expedition of 1245; but, adds the chronicler, he bore the disgrace patiently, as since his son's death he had learned to despise the honours of earth (, iv. 488). In character Maurice was 'miles strenuus et facetus nulli secundus.' 'He lived nobly all his life.' His piety may be seen from his religious foundations : Sligo (Dominican), Ardfert (Franciscan, 1253), and Youghal (Franciscan, 1224) (, v. 642 ; Loch Cé; Ann. Four Masters, sub an. ; Earls of Kildare). In 1235, when his soldiers were laying Connaught waste, Maurice protected the canons of Trinity on the island of Loch Cé. Later he presented (1242) the hospital of Sligo to the same foundation (Loch Cé, pp. 329, 359), and, according to Clyn (p. 8), he died in the habit of a Franciscan. Fitzgerald is reckoned the second or third baron of Offaly. This barony he held of the Earl of Pembroke (to whom on 30 May 1240 he was ordered to do homage) or of his heirs. He appears as Lord of Maynooth and Gallos in Decies. According to the later genealogists


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 250 Ante. p. 246.

PUBLIC LAW 91-258-MAY 21, 1970

[84 STAT.

section 6427 of the Internal Revenue Code of 1954 (relating to fuels not used for taxable purposes) on the basis of claims filed for fuels used before October 1, 1972. This paragraph shall not apply to amounts estimated by the Secretary of the Treasury as paid under such section 6427 with respect to fuels used in aircraft." SEC. 208. AIRPORT AND AIRWAY TRUST FUND. (a) CREATION or TRUST FUND.—There is established in the Treasury of the United States a trust fund to be known as the "Airport and Airway Trust F u n d " (hereinafter in this section referred to as the "Trust F u n d "), consisting of such amounts as may be appropriated or credited to the Trust Fund as provided in this section. (b) TRANSFER TO TRUST F U N D OF AMOUNTS EQUIVALENT TO CERTAIN

Ante, p. 237. 239"2^43^^ '

68A Stat. 483; 26 USC 4081.

75'star\'24**'

60 Stat. 170.

TAXES.—There is hereby appropriated to the Trust Fund— (1) amounts equivalent to the taxes received in the Treasury after June 30, 1970, and before July 1, 1980, under subsections ((.) and (d) of section 4041 (taxes on aviation fuel) and under sections 4261, 4271, and 4491 (taxes on transportation by air and on use of civil aircraft) of the Internal Revenue Code of 1954; (2) amounts determined by the Secretary of the Treasury to be equivalent to the taxes received in the Treasury after June 30, 1970 and bcfore July 1, 1980, under section 4081 of such Code, with respect to gasoline used m aircraft; and (3) amounts determined by the Secretary of the Treasury to be equivalent to the taxes received in the Treasury after June 30, 1970, and before July 1, 1980, under paragraphs (2) and (3) of section 4071(a) of such Code, with respect to tires and tubes of the types used on aircraft. The amounts appropriated by paragraphs (1), (2), and (3) shall be transferred at least quarterly from the general fund of the Treasury to the Trust Fund on the basis of estimates made by the Secretary of the Treasury of the amounts referred to in paragraphs (1), (2), and (3) received in the Treasury. Proper adjustments shall be made in the amounts subsequently transferred to the extent prior estimates were in excess of or less than the amounts required to be transferred. (c) TRANSFER OF TTNEXPENDED FUNDS.—At the close of June 30, 1970, there shall be transferred to the Trust F u n d all unexpended funds which have been appropriated before July 1, 1970, out of the general fund of the Treasury to meet obligations of the United States (1) described in subparagraph (B) or (C) of subsection (f)(1) of this section, or (2) incurred under the Federal Airport Act (49 U.S.C. sec. 1101 etseq.). (d) ArpROPRiATioN OF ADDITIONAL SUMS.—There are hereby authorized to be ajipropriated to the Trust Fund such additional sums as may be required to make the expenditures referred to in subsection (f) of this section. (e) MANAGEMENT OF TRUST F U N D. —

Report to

Congress.

(1) REPORT.—It shall be the duty of the Secretary of the Treasury to hold the Trust Fund, and (after consultation with the Secretary of Transportation) to report to the Congress each year on the financial condition and the results of the operations of the Trust Fund during the preceding fiscal year and on its expected condition and operations during the next five fiscal years. Such report shall be printed as a House document of the session of the Congress to which the report is made.

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251

(2) INVESTMENT.—

(A) IN GENERAL.—It shall be the duty of the Secretary of the Treasury to invest such portion of the Trust Fund as is not, in his judgment, required to meet current withdrawals. Such investments may be made only in interest-bearing obligations of the United States or in obligations guaranteed as to both principal and interest by the L"'nited States. For such purpose, such obligations may be acquired (i) on original issue at the issue price, or (ii) by purchase of outstanding obligations at the market price. The purposes for which obligations of the United States may be issued under the Second Liberty Bond Act, as amended, are hereby extended to authorize the issuance at par of special obligations exclusively to the Trust Fund. Such special obligations shall bear interest at a rate equal to the average rate of interest, computed as to the end of the calendar month next preceding the date of such issue, borne by all marketable interest-bearing obligations of the United States then forming a part of the Public Debt; except that where such average rate is not a multiple of one-eighth of 1 percent, the rate of interest of such special obligations shall be the multiple of one-eighth of 1 percent next lower than such average rate. Such special obligations shall be issued only if the Secretary of the Treasury determines that the purchase of other interestbearing obligations of the Ignited States, or of obligations guaranteed as to both principal and interest by the United States on original issue or at the market price, is not in the public interest.

40 Stat. 2 8 8. 31 USC 774.

(B) SALE OF OBLIGATIONS.—Any obligation acquired by the

Trust Fund (except special obligations issued exclusively to the Trust Fund) may be sold by the Secretary of the Treasury at the market price, and such special obligations may be redeemed at par plus accrued interest. (C) INTEREST ON CERTAIN PROCEEDS.—The interest on, and

the proceeds from the sale or redemption of, any obligations held in the Trust Fund shall be credited to and form a part of the Trust Fund. (3) APPLICABILITY OF PARAGRAPH (2).—Paragraph (2) of this subsection shall not apply until the beginning of the fiscal year immediately following the first fiscal year beginning after June 30, 1970, in which the receipts of the Trust Fund under subsection (b) exceed 80 percent of the expenditures from the Trust Fund under subsection (f)(1). (f) EXPENDITURES FROM TRUST F U N D. —

(1) x^iRPORT AND AIRWAY PROGRAM.—Amouuts in the Trust Fund shall be available, as provided by appropriation Acts, for making expenditures after June 30, 1970, and before July 1, 1980, to meet those obligations of the United States— (A) hereafter incurred under title I of this Act (as in effect Ante, p. 219. on the date of the enactment of this Act), or incurred at any time before July 1, 1970, under the Federal Airport Act (49 U.S.C., sec. 1101 et seq.); eo Stat. i7o (B) heretofore or hereafter incurred under the Federal Aviation Act of 1958, as amended (49 I L S. C, sec. 1301 et seq.), which are attributable to planning, research and ^2 Stat. 731

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 252

PUBLIC LAW 91-258-MAY 21, 1970

[84 STAT.

development, construction, or operation and maintenance of— (i) air traffic control, (ii) air navigation, (iii) communications, or (iv) supporting services, for the airway system; or (C) for those portions of the administrative expenses of the Department of Transportation which are attributable to activities described in subparagraph (A) or (B). (2)

70 Stat. 87; Ant's.'p. 241. ^"'^' P- 246. Ante, p. 245.

REFUNDS.—The Secretary of the Treasury shall pay from time to time from the Trust Fund into the general fund of the Treasury amounts equivalent to— (A) the amounts paid after June 30, 1970, and before July 1, 1980, in respect of fuel used in aircraft, under sections (5420 (relating to amounts paid in respect of gasoline used on farms), 6421 (relating to amounts paid in respect of gasoline us€d for certain nonhighway purposes), and 6427 (relating to fuels not used for taxable purposes) of the Internal Revenue Code of 1954, and (B) the amouuts paid under section 6426 of such Code (relating to refund of aircraft use tax where plane transports for hire m foreign air commerce), on the basis of claims filed for periods beginning after June 30, 1970. (3) TION

Ante, p. 248.

TRANSFERS FROM TRUST FUND ON ACX^OUNT OF CERTAIN

TRANSFERS FROM TRUST FUND ON ACCOUNT or CERTAIN SEC39 CREDITS.—The Secretary of the Treasury shall pay from

time to time from the Trust Fund into the general fund of the Treasury amounts equivalent to the credits allowed under section 39 of the Internal Revenue Code of 1954 with respect to fuel used in aircraft during taxable years ending after June 30, 1970, and beginning before July 1, 1980, and attributable to use after June 30, 1970, and before July 1, 1980, Such amounts shall be transferred on the basis of estimates by the Secretary of the Treasury, and proper adjustments shall be made in amounts subsequently transferred to the extent prior estimates were in excess of or less than the credits allowed. (g) HIGHWAY TRUST F U N D AMENDMENT.—Sub'='ection (c) of section

70 Stat. 397.

Ante, p. 250.

209 of the Highway Revenue Act of 1956 (23 U.S.C., sec. 120 note) is amended by adding at the end thereof the following new paragraph: " (5) ADJUSTMENTS FOR AVIATION USES.—The pirountp defcribefl in paragraphs (1)(A) and (3)(A) with respect to any period shall (before the application of this subsection) be reduced by appropriate amounts to reflect any amounts transferred to the Airport and Airway Trust Fund under section 208(b) of the Airport and Airway Revenue Act of 1970 with respect to such period. The amounts described in paragraphs (1)(E) and (3) (C) with respect to any period shall (before the application of this subsection) be reduced by appropriate amounts to reflect any amounts transferred to the Airport and Airway Trust Fund under section 208(b)(3) of the Airport and Airway Revenue Act of 1970 with respect to such period." SEC. 209. INVESTIGATION AND REPORT TO CONGRESS. (a) STUDY AND INVESTIGATION.—The Secretary of Transportation

is hereby authorized and directed, in cooperation with such other Federal officers and agencies as may be designated by the President and through full consultation with and consideration of the views of the users of the system, to make a study and investigation to make

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253

PUBLIC LAW 91-259-MAY 21, 1970

available to the Congress information on the basis of which it may determine what revisions, if any, of the taxes imposed by the United States should be made in order to assure, insofar as practicable, an equitable distribution of the tax burden among the various classes of persons using the airports and airways of the United States or otherwise deriving benefits from such airports and airways. (b) REPORTS.—The Secretary of Transportation shall report to the Congress the results of the study and investigation required by subsection (a). The final report shall be made as soon as possible but in no event later than March 1, 1972. On or before March 1, 1971, the Secretary of Transportation shall report to the Congress the progress that has been made in carrying out the study and investigation required by subsection (a). Each such report shall be printed as a House document of the session of the Congress to which the report is made. I n addition, the Secretary of Transportation shall identify the costs to the Federal Government that should appropriately be charged to the system and the value to be appropriately assigned to the general public benefit, (c) FUNDS FOR STUDY AND INVESTIGATION.—There are

hereby

Reports to Congress.

Appropriations.

authorized to be appropriated out of the Airport and Airway Trust Fund such sums as may be necessary to enable the Secretary of Transportation to carry out the provisions of this section. SEC. 210. APPLICATION OF CERTAIN OTHER TAX PROVISIONS.

(a) Nothing in this title or in any other law of the United States shall prevent the application of sections 104 through 110 of title 4 of the United States Code to civil airports owned by the United States. (b) Subsection (a) shall not apply to— (1) sales or use taxes in respect of fuels for aircraft or in respect of other servicing of aircraft, or (2) taxes, fees, head charges, or other charges in respect of the landing or taking off of aircraft or aircraft passengers or freight, (c) I n the case of any lease in effect on September 28, 1969, subsection (a) shall not authorize the levy or collection of any tax in respect of any transaction occurring, or any service performed, pursuant to such lease before the expiration of such lease (determined without regard to any renewal or extension of such lease made after September 28, 1969), For purposes of the preceding sentence, the term "lease" includes a contract,

61 Stat. 644; 70 Stat. 799.

'Lease.'

SEC. 211. EFFECTIVE DATES. (a) GENERAL RULE.—Except as provided in subsection (b), the

amendments made by this title shall take effect on July 1, 1970. (b) EXCEPTIONS,—The amendments made by sections 203 and 204 shall apply to transportation beginning after June 30, 1970. The amendments made by subsections (a), (b), and (c) of section 207 shall apply with respect to taxable years ending after June 30, 1970. Approved May 21, 1970,

Public Law 91-259 AN ACT To provide for the disposition of judgment funds of the Confederated Tribes of the Umatilla Indian Reservation.

May 21, 1970 [H. R. 9477]

Be it enacted by the Senate and House of Representatives of the United States of Amenca in Congress assembled. That the entire Tru,e"^^o'fYhe^'^ unexpended balance of funds that were appropriated by the Act of umatiiia ReservaMay 13, 1966 (80 Stat. 141) to pay a judgment by the Indian Claims ''"j^J^gment funds disposition.

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 254

PUBLIC LAW 91-260-MAY 21, 1970

[84 STAT.

Commission entered in docket numbers 264, 264A, and 264B in favor of the Confederated Tribes of the Umatilla Indian Reservation, and the interest thereon, less litigation expenses, estimated costs of distribution, and $200,000 to be used as provided in section 5 of this Act, shall be distributed, per capita, in equal shares to all eligible members of the Confederated Tribes as defined in this Act under such terms and conditions as are authorized by the tribal governing body and approved by the Secretary of the Interior, including the establishment of trusts for minors and incompetents. Payments to heirs or legatees shall be made upon proof of death and inheritance satisfactory to the Secretary, whose findings shall be final and conclusive. Such per capita distribution shall be made in three installments of approximately equal amount, the first installment to be made as soon as possible after the date of this Act and the next two installments to be made at six-month intervals. Eligibility. gj,^^^ g. The pBrsous eligible to receive such per capita payments shall be all persons who were living on December 17, 1965, and whose names appear on any of the following: (a) The membership roll of the Confederated Tribes as of June 15, 1957, as approved by the Bureau of Indian Affairs on January 10, 1958,or (b) The supplemental membership roll as of April 12, 1960, approved by the Bureau of Indian Affairs on January 27, 1961, and also any other persons born after July 1, 1949, and living on or at any time between December 17, 1965, and the date of this Act who were either enrolled as of the date of this Act or became entitled to enrollment under section (b), article IV of the constitution and bylaws of the Confederated Tribes adopted November 4, 1949, as determined by the Secretary of the Interior or his authorized representative. SEC. 3. Until distributed such funds shall remain tribal funds and the shares herein designated for the eligible members shall constitute inheritable property from and after December 17, 1965. Tax exemption. gj,(. 4 'j'^g pgj. capita distributions of such funds shall not be subject to Federal or State income tax. Education fund. gp^^ g^ ^lie $200,000 withheld from per capita distribution pursuant to section 1 of this Act shall be invested or placed in trust with an institutional trustee by the Secretary of the Interior, under terms and conditions approved by the tribal governing body. The income from the investment or trust, together with such invasions of the principal or trust corpus as the Secretary deems desirable, shall be used for the education of members of the tribe until such time as the tribal governing body, with the approval of the Secretary, determines that the funds should be used in some other manner. Approved May 21, 1970. Public Law 91-260 JOINT RESOLUTION May 21, 1970

[s. J. Res. 199]

Ante, p. 157.

To further juneiul the Kleiiientary and Set'ondary Education Act.

ReHolved by the Sei\(ite mid HoiiHe of RepreHeiitatives of the Utiited Staten of Ainenf-a hi Congress (us.se77ih/ed, That, effective April 13, 1970, clause (A) in.clause (1) of section 5(c) of the Act of September 23, 1950 (Public Law 815, P^ighty-first Congress) is amended by striking out "at least 10 per centum*' and inserting in lieu thereof "at least 6 per centum". Approved May 21, 1970.

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PUBLIC LAW 91-261-MAY 21, 1970

255

Public Law 91-261 AN ACT To authorize appropriations for procurement of vessels and aircraft and construction of shore and offshore establishments for the Coast Guard.

May 21, 1970 [H. R. 15694]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That funds are A'pp'ropTiati^n^"^' hereby authorized to be appropriated for fiscal year 1971 for the use authorization. of the Coast Guard as follows: VESSELS

For procurement-and increasing capability of vessels, $62,295,000. A. Procurement: (1) one replacement polar icebreaker. (2) design of vessels. None of the vessels authorized herein shall be procured from other than shipyards and facilities within the l.'nited States. B. Increasing capability: (1) increase fuel capacity and improve habitability on higli endurance cutters of the three hundred and twenty-seven foot class. (2) improve habitability on cutter Storis and selected buoy tenders. AIRCRAFT

For procurement and extension of service life of aircraft, $12,865,000. A. Procurement: (1) six medium ran^e helicopters. B. Extension of service life: (1) replace center wing box beam on seven HC-130 aircraft. CONSTRUCTION

For establishment or development of installations and facilities by acquisition, construction, conversion, extension, or installation of permanent or temporary public works, including the preparation of sites and furnishing of appurtenances, utilities, and equipment for the following, $24,840,000: (1) San Francisco, California: complete radio station construction; (2) Washington and Oregon: relocate and improve communications facilities; (3) Portsmouth, Virginia: consolidate and improve facilities; (4) Neah Bay, Washington: improve station facilities; (5) Barnegat, New Jersey: improve station facilities: (6) Barbers Point, Hawaii: improve air station facilities; (7) Governor's Island, New York: improve base facilities; (8) Western Long Island, Connecticut and New York: improve station facilities; (9) Curtis Bay, Maryland: modernize and replace yard equipment and utilities; (10) Various locations: transportable pollution control equipment; (11) Various locations: aids to navigation projects on selected waterways; (12) Various locations: automate light stations;

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Fitzgerald (Earls of Kildare, p. 15) Fitzgerald's wife was Juliana, daughter of John de Cogan. His eldest son seems to have been Gerald, who predeceased him probably in 1243, and had a son Maurice, who is noticed below. The justiciar's eldest surviving son was Maurice Fitzmaurice [q. v.] (, vol. ii. No. 563). Another was probably Thomas MacMaurice (d. 1271, cf. Loch Cé, p. 469), father of John Fitzthomas, the first earl of Kildare [q. v.] Robert Fitzmaurice, who figures so frequently in the Irish documents of the latter half of the thirteenth century, may possibly have been another son. (d. 1268), son of Gerald, the eldest son, inherited the barony of Offaly (, vol. ii.) He married Agnes, daughter of William de Valence, uncle of Edward I, and appears to have been drowned in crossing between England and Ireland, 28 July 1268 (, p. 9; Annals of Ireland, ii. 290, 316; Loch Cé, p. 459; Ann. Four Masters, ii. 404). He must be distinguished from his uncle Maurice Fitzmaurice Fitzgerald (d. 1277) [q. v.] He left an infant heir,, aged three and a half years (, Nos. 1106, 2163, p. 467, &c.; Book of Howth, p. 324;, i. 776). This child was the ward of Thomas de Clare, brother to the Earl of Gloucester, and, by purchase, of William de Valence. In 1285 he, as baron of Offaly in succession to his father, was attacked by the native Irish of the barony. We find this Gerald Fitzmaurice coming of age about 1286 (, vol. ii. Nos. 866-7, 957, 970, 1039, &c.; vol. iii. Nos. 29, 238, 456, p. 75, &c.; Abbrev. Plac. pp. 263, 283), and it is probably he to whom Clyn refers (p. 10) in his crucial passage on the Geraldine succession where he says that 'Gerald, filius Mauricii, capitaneus Geraldinorum' died in 1287 and left his inheritance to his grand-uncle's son John Fitzthomas [q. v.] Some genealogists contend that Gerald Fitzmaurice was son of Maurice Fitzmaurice Fitzgerald (d. 1277) [q. v.], the justiciar. But he was clearly that justiciar's grand-nephew.

[The principal authorities for the life of Maurice Fitzgerald are the English State Documents and the contemporary English chroniclers. The Irish documents may be found in Sweetman's Calendar of Irish Documents, vols. i. and ii. (Rolls Series); Rymer's Fœdera, ed. 1720, vol. i. The chief contemporary English chroniclers are Roger of Wendover, ed. Coxe (Engl. Hist. Soc.); Matthew Paris, ed. Luard, vols. iii. iv. v. (Rolls Series); Thomas Wykes, the Oseney Annals, the Dunstable Annals, ap. Riley's Annales Monastici (Rolls Series), vols. iii. iv. Other important contemporary documents are to be found in the Royal Letters, ed. Shirley, vol. i. (Rolls Series); Documents of the Anglo-Normans in Ireland, ed.. Gilbert, vol. i. (Rolls Series). The chief Irish Annals are the Annals of Loch Cé (Rolls Series), vol. i. ed. Hennessy; Annals of Boyle ap. O'Conor's Scriptores Rerum Hibernicarum, vol. ii.; and the collection known as the Annals of the Four Masters, ed. O'Donovan, vol. ii. Then come the Latin-writing Irish chroniclers: Clyn (fl. 1348) (Irish Archæol. Soc.), ed. R. Butler; a fourteenth-century Annales Hiberniæ, with its fifteenth-century continuation and expansion, both cited above as Annals of Ireland, ap. Chartulary of St. Mary's, Dublin, ed. Gilbert, vol. ii. (Rolls Series); the Annals of Jas. Grace (fl. 1537) (Irish Arch. Soc.), ed. Butler. Hanmer's Chronicle of Ireland (c. 1571) and Campion's History of Ireland (1633) may be found reprinted in the Ancient Irish Histories (Dublin, 1809), but are very untrustworthy, as also are Ware's Annals (English edition, 1705); and Cox's Hibernia Anglicana (ed. 1689). The Earls of Kildare, by the Marquis of Kildare (Dublin, 1857), represents the current genealogy of the Fitzgeralds, and is a careful compilation of facts. See, too, Lodge's Peerage of Ireland, ed. Archdall, 1789, vol. i.; Gilbert's Viceroys of Ireland (Dublin, 1865); and Archdall's Monasticon Hibernicum (editions 1786 and 1873). See also the Book of Howth, ed. Brewer and Bullen, and Hist. and Municipal Documents of Ireland, ed. Gilbert (Rolls Series).]  FITZGERALD, MAURICE (1238?–1277?), justiciar of Ireland, was the son and heir of Maurice Fitzgerald (d. 1257) [q. v.], the justiciar (, vol. ii. No. 563). His mother is said to have been Juliana de Cogan (Earls of Kildare, p. 15). Being still a minor at his father's death he was claimed as the ward of Margaret de Quinci, countess of Lincoln, the widow of Walter Marshall, of whom the elder Maurice had held the barony of Offaly (, vol. ii. No. 563;, ii. 376, iii. 7; , i. 102, 607). He had perhaps come of age two years later (7 Nov. 1259), when he was granted Athlone Castle and the shrievalty of Connaught (, vol. ii. No. 631). Next year he was defeated in an expedition against Conor O'Brian at Coill-Berrain in Munster, but succeeded in plundering the O'Donnells, who retaliated on Cairpre (Carbery, co. Sligo) in North Ireland (Loch Cé, pp. 435-7; Ann. Four Masters, sub an.) He led another expedition against Brian Ruadh O'Brien in 1272 or 1273. For the expenses of this campaign he received a hundred marks; and it was perhaps on this occasion that he borrowed from the Dublin citizens the 86l. 19s. which they asked the king to repay in June 1275. This expedition of 1273 was a success, and, according to the Irish annals, Maurice 'took hostages and obtained sway over the O'Briens' (,


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PUBLIC LAW 91-262-MAY 21, 1970

[84 STAT.

(IH) A'arious locations: modernize LOKAN (' eciuiprnent; (14) Various locations: modernize LRAX-A ecjnipment: (IT)) Alaska: improve and rehabilitate selected loran stations; (IB) \'arions locations: public family (juarters; and (IT) Various locations: advance planning, survey, design, and architectural services; project administration costs; ac(iuire sites in connection with projects not otherwise authorized by law. Approved May 21, 1970.

Public Law 91-262 AN ACT May21, 1970 [H. R. 10106]

To amend title 3S, United States Code, to revise the definition of the term "child" to recognize an adoptnl child of a veteran as a dependent from the date of issuance of an interlocutory decree, to increase the rates of dependency and indenuiit.v compensation payable to dependent children of deceased veterans, and for other purposes. Be it eiuicted by the Senate (iixl Hoii^e of RepreHentaticeH of the Veterans. Lhiited Staten of America In. (Uyngre^^n aHuenihled. That subsection Adopted ««c'hird.'"" 101 (4) of title ^^8, United States Code, is amended by adding at the 72 Stat. 1106; end thereof the following sentence: 3 Stat. 424. a^^ person with respect to whom an interlocutory decree of adoption has been issued by an appropriate adoption authority shall be recognized thereafter as a legally adopted child, unless and until that decree is rescinded: Frorideil. That the child remains in the custody of the adopting parent or parents during the interlocutory period." 80 Stat. 1159. SE,^,. 2. Section 41;^ of title 88, United States Uode, is amended to read as follows: "§ 413. Dependency and indemnity compensation to children "Whenever there is no widow of a deceased veteran entitled to dependency and indemnity compensation, dependency and indemnity compensation shall be paid in equal shares to the children of the deceased veteran at the following monthly rates; "(1) One child, $88. "(2) Two children, $127. "(8) Three children, $164. '•'(4) More than three children, $164, plus $82 for each child in excess of three." SEC. 8. (a) Subsection (a) of section 414 of title 88, United States Uode, is amended by striking out "$29" and inserting in lieu thereof "$82". (b) Subsection (b) of section 414 of such title is amended by striking out "$80" and inserting in lieu thereof "$88". (c) Subsection (c) of section 414 of such title is amended by striking out "$41" and inserting in lieu thereof "$45". Effective date. c^j,^, 4 rpj^p amendments made by sections 2 and 8 of this Act shall become effective on the first day of the second calendar month following the month in which this Act is enacted. Approved May 21, 1970.

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257

Public Law 91-263 AN ACT To make certain revisions in the retirement benefits of District of Columbia public school teachers and other educational employees, and for other purjjoses.

Be it enacted by the Senate and House of Representatives of the United^ States of America in Congress assembled.. SECTION 1. (a) The last sentence of the first paragraph of section 13 of the Act entitled "An Act for the retirement of public school teachers in the District of Columbia'', approved August 7, 1946 (D.C. Code, sec. 31-733), is amended to read as follows: "The term 'average salary' shall mean the largest annual rate resulting from averaging, over any period of three consecutive years of eligible service, or in the case of a survivor annuity under subsection (b) of section 9 of this Act based on service of less than three years, over the total eligible service in the public schools of the District of Columbia, a teacher's rates of annual salary in effect during such period, with each rate weighted by the time it was in effect.". (b) The first paragraph of section 8 of such Act (D.C. Code, sec. 31-728) is amended— (1) by inserting after the first sentence thereof the following new sentences: "In computing an annuity under section 5(a) of this Act the total service of a teacher shall include days of unused sick leave credited to him. No deposit may be required for days of unused sick leave included in a teacher's total service under the preceding sentence. Days of unused sick leave shall not be counted in determining a teacher's average salary or his eligibility for an annuity."; and (2) by striking out "This section" in the last sentence of such paragraph and inserting in lieu thereof "Except as otherwise provided in this paragraph, this section". (c) Section 21 of such Act (D.C. Code, sec. 31-739a) is amended— (1) by inserting "1 per centum plus'' immediately after "shall be increased by" in subsection (b); and (2) by amending subsection (c)(2) to read as follows: " (2) For the purpose of computing the annuity of a child under subsection (b)(2) of section 9 of this Act that commences on or after the first day of the first month that begins on or after the effective date of the District of Columbia Teachers' Retirement Amendments of 1970, the items $900, $1,080, $2,700, and $3,240 appearing in subsection (b)(2) of section 9 of this Act shall be increased by the total per centum increases allowed and in force under this section on or after such day and, in case of a deceased annuitant, the items 60 per centum and 75 per centum appearing in subsection (b)(2) of section 9 of this Act shall be increased by the total per centum allowed and in force to the annuitant under this section on or after such day". (d)(1) The first sentence of the first section of such Act (D.C. Code, sec. 31-721) is amended to read as follows: "Beginning on the first day of the first pay period which begins after December 31, 1969, there shall be deducted and withheld from the annual salary of each teacher in the public schools of the District of Columbia an amount equal to 7 per centum of the teacher's annual salary.". (2) The amendment made by this subsection shall not apply to any persons retired or otherwise separated prior to the date of enactment of this Act.

May 22, 1970 [ H. R. I 5 9 8 0 ]

^ District of co-^ R^eTire^mentAmend•"^"^^ °^ ^^'"^^ ]} Stat. 48. salary!*^^ 8i^stat^'748 D.C. code 31-729. ^^^iltti^^t^l^°l ao Stat. 879. 81^813^*748^' D.C^, "code 31-725.

so Stat. 266.

tiJsYor^chudlren"*" post, p. 258,

Deductions. 7i Stat. 46.

Nonappucabiuty.

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 258 gurvivor annuities. 66 Stat. 19; 81 Stat. 748.

D.C. Code 31723, 31-724,

D.C. Code 31725.

Annuity computation. 71 Stat. 4 6.

Option. 66 Stat. 17.

PUBLIC LAW 91-263-MAY 22, 1970

[84 STAT.

(e) Subsection (b) of section 9 of such Act (D.C. Code, sec. 31-729 (b)) is amended— (1) by amendino; the first sentence of paragraph (1) to read as follows: ''(b)(1) In the event any teacher to whom this subchapter applies shall die subsequent to March 0, 1952, after completins: at least eighteen months of eligible service and is survived by a widow, or dependent widower, such widow or dependent widower shall be paid an annuity l>eginning the day after the teacher dies, equal to 55 per centum of the amount of an annuity computed as provided in subsection (a) of section 5 of this Act with respect to such teacher, except that in the computation of the annuity mider such subsection the annuity of the teacher shall be at least the smaller of (i) 40 per centum of his average salary, or (ii) the sum obtained under such subsection after increasing his eligible service of the type last performed by the period elapsing between the date of death and the date he would have become sixty years of age."; (2) by amending the first two sentences of paragraph (2) to read as follows: (2) If any teacher to whom this subchapter applies shall die after completing at least eighteen months of eligible service or after having retired under the provisions of section 3 or section 4 of this Act and is survived by a wife or husband, each surviving child shall be paid an annuity equal to the smallest of (a) 60 per centum of the teacher's average salary divided by the number of children, (b) $900, or (c) $2,700 divided by the number of children. If such teacher is not survived by a wife or husband, each surviving child shall be paid an annuity equal to the smallest of (a) 75 per centum of the teacher's averaire salary divided by the number of children, (b) $1,080, or (c) $3,240 divided by the number of children.; and (3) by amending paragraph (3) to read as follows: "(3) In the event any teacher to whom this subchapter applies shall die subsequent to March 6, 1952, after completing at least eighteen months of eligible service, and is not survived by a widow, a dependent widower, and/or children, but is survived by dependent parents or a dependent father or a dependent mother, such surviving dependent parents or parent shall be paid an annuity, beginning the first day of the month following the death of the teacher, equal to 55 per centum of the amount of an annuity computed as provided in subsection (a) of section 5 of this Act with respect to such teacher, except that, in the computation of the annuity under such subsection, the annuity of the teacher shall be at least the smaller of (i) 40 per centum of his average salary, or (ii) the sum obtained under such subsection after increasing his eligible service of the type last performed by the period elapsing between the date of death and the date he would have become sixty years of age: Provided. That such payments shall be made jointly to surviving dependent parents and payment of such annuity shall continue after the death of either dependent parent: Provided further, That all such payments or any right thereto shall cease upon the death of both dependent parents." (f)(1) The second sentence of subsection (b)(1) of section 5 of such Act (D.C. Code, sec. 31-725(b)(1)) is amended by striking out ", excluding any increase because of retirement under section 4 of this Act,". (2) The first sentence of subsection (b)(2) of section 5 of such Act (D.C. Code, sec, 31-725(b)(2)) is amended by striking out "50" and inserting in lieu thereof "55". (g) Such Act is amended by adding at the end thereof the following new section:

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23. Effective on (a) the first clay of the first month which begins after October 20, 1969, or (b) the commencing date of annuity, whichever is later, the annuity of each surviving spouse whose entitlement to annuity payable from the District of Columbia teachers' retirement and annuity fund resulted from the death of: "(1) a teacher prior to October 24, 1962, or •'(2) a retired teacher whose retirement was based on a separation from service prior to October 24, 19(52, shall be increased by 10 per centum." SEC. 2. (a) The amendments made by subsections (a), (b), (e)(1). (e)(3), and (f) of section 1 of this Act shall not apply in the case of persons retired or otherwise separated prior to ctober 20, 1969, and the rights of such persons and their survivors shall continue in the same manner and to the same extent as if such amendments had not been made. (b) The amendment made by subsection (c)(1) of section 1 of this Act shall apply only to determinations of amounts of annuity increases which are made after Octoter 20, 1969, under section 21 of the Act of August 7, 1946 (B.C. Code, sec 31-739a). (c)(1) The amendment made by subsecticm (e)(2) of section 1 of this Act shall become effective on the first day of the first month which begins after October 20, 1969. (2) The annuity of each surviving child who, inmiediately prior to the effective date of such amendment is receiving an annuity under subsection (b)(2) of section 9 of such Act (I).C. Code, sec. 31-729 (b)(2)) or under a comparable provision of any prior law, or who hereafter becomes entitled to receive annuity under such Act shall be recomputed effective on such date, or computed from commencing date if later, in accordance with such amendment. Xo increase allowed or in force prior to such date shall be included in the computation or recomputation of any such annuity. This paragraph shall not operate to reduce any annuity. SEC. 3. The Act entitled "An Act for the retirement of public school teachers in the District of Columbia*', approved August 7, 1946, as amended (60 Stat. 875; D.C. Code, sec. 31-721 to 739) is amended by inserting the following section after the first section: SEC. 1 A. (a) Any teacher who enters on approved leave without SFX'.

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^"'^' P- 2S7. Effective date. Ante, p. ass. Recomputed an-chiid.° ^"^^^^^"^' Ante, p. ass.

si Stat. 751. to^sv-bsgf^ ^ ^"^^ ^ Retirement credit for leave without

pay to serve as a lull-time ofncer or employee ot an organization com- pay. posed primarily of teachers, for the purpose of bargaining with the District of Columbia concerning grievances, disputes, hours of employment, or conditions of work, may, within sixty days after entering on such leave without pay, file with the Board of Education of the District of Columbia an election to receive full retirement credit for his periods of that leave without pay and arrange to pay currently into the teachers' retirement fund established pursuant to this Act, through the Board of Education, amounts equal to the retirement deductions plus additional amounts equivalent to such amounts, in lieu of District of Columbia contributions which would be applicable if he were in pay status. A teacher who is on approved leave without pay and serving as a full-time officer or employee of such an organization on the date of enactment of this section may similarly make such election within sixty days after such date of enactment. If the election and all payments herein provided are not made, the teacher shall receive no credit for such periods of leave without pay occurring on or after the date of enactment of this section. ''(b) A teacher may deposit with interest at 4 per centum com- Matching retirepounded annually an amount equal to retirement deductions repre- ""^"^ deposit. senting any period or periods of approved leave without pay while serving, prior to the date of enactment of this section, as a full-time

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 260

Appropriation calculation.

Effective dates.

Short title.

PUBLIC LAW 91-264-MAY 22, 1970

[84 STAT.

ottic-cM" or (Mnplyee of an organization composed primarily of teachers, and may receive fnll retirement credit for snch period or pcriods of Jeave without pay. In the event of the death of such teacher any indi\ ichial entitled to annuity under this Act may make such deposit."' SEC. 4. Section 7 of the Act entitled "An Act for the retirement of pul)lic school teachers in the District of (\)hnnbia"", approved Au<rust 7. J1)4G (HO Stat. S7i), as amended; I).(\ Code, sec. Hl-727), is amended to read as follows: '*SKC. 7. The amount of each year's appropriation shall be such amount as is necessary to maintain during such fiscal year a balance in the teachers* retirement fmid approximately equal, to the nearest million dollars, to the balance in that fund on June HO, li)Bl), or such amount as is necessary to maintain the equity in such fund of all teachers, active and retired, whichever amount is greater. If at any time the balance in the Teachers' Retirement Fund is not sufficient to meet all obligations against such fund, the fund will have a claim on the District of Columbia revenues to the e.xtent necessary to meet such obligations." SEC. 5. (a) Section 1 of this Act, except for subsection (d), shall be effective October 20, Il)l). (b) Subsection (d) of section 1 of the Act shall be effective on the first day of the first pay period which begins after December 81, 1969, (c) Sections 8 and 4 of this Act shall be effective on the date of enactment. SEC. (>. This Act may be cited as the "District of Columbia Teachers' Retirement Amendments of 1970." Approved May 22, 1970.

Public Law 91-264 May 22, 1970 [H. R. 4869]

Indians. Hopi Tribe, Arizona.

Delegation of powers.

62 Stat. 939; 79 Stat. 887.

AN ACT To further the economic advancement and general welfare of the Hop! Indian Tribe of the State of Arizona. Be it enacted by the Senate and IIoy,se of RepreHentativeH of the United States of America in CongrenH asHemhled, That, for the piirl)ose of assisting in the economic advancement and contributing to the general welfare of the Hopi Indian Tribe of Arizona, the Congress hereby finds it to be fitting and appropriate to provide the Hopi Tribal Council with certain powers of self-determination that are necessary to enable the Hopi people to carry out the effective development and operation of the Hopi Industrial Park, which is located in the counties of Navajo and Coconino in the State of Arizona. SEC. 2. The Hopi TribabCouncil shall have the following powers: (a) To sell any part of the lands withinthe Hopi Industrial Park. (b) To execute mortgages upon, or deeds of trust to, the lands within said Hopi Industrial Park. Such lands shall be subject to foreclosure or sale pursuant to the terms of such mortgage or deed of trust in accordance with the laws of the State of Arizona. The United States shall be an indispensable party to, and may be joined in, any such proceeding involving said lands with the right to remove the action to the Ignited States district court for the district in which the land is situated, according to the procedure in section 1446, of title 28, United States Code, and the United States shall have the right to appeal from any order of remand entered in such action. (c) To pledge any revenue or other income from lands within said Hopi Industrial Park, and the improvements situated thereon, and any

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PUBLIC LAW 91-264-MAY 22, 1970

261

other revenue or income that may be available to the Hopi Tribe without regard to source, to secure any indebtedness of the Hopi Tribe incurred in the development of said Hopi Industrial Park, and any action to enforce said pledge shall be in accordance with the laws of the State of Arizona, and the United States shall be an indispensable party thereto to the same extent and under the same conditions as hereinbefore provided in the case of mortgage foreclosures. (d) To issue bonds for and on behalf of the Hopi Tribe, and pay the costs thereof, to accomplish the purposes of this Act, in one or more series, in such denomination or denominations, maturing at such time or times, and in such amount or amounts, bearing interest at such rate or rates, in such form either coupon or registered, to be executed in such manner, payable in such medium of payment, at such place or places, subject to such terms of redemption, with or without premium, and containing such other restrictive terms as may be provided by tribal ordinance. Such bonds may be sold at not less than par at either public or private sale and shall be fully negotiable. (e) To appoint a bank or trust company with its home office in the State of Arizona having an officially reported combined capital, surplus, undivided profits and reserves aggregating not less than $10,000,000 as trustee for all of the purposes provided in the ordinance authorizing and creating any issue of bonds. Any trustee so appointed may be authorized to commence an action for and on behalf of, or on relation of, the Hopi Tribe to enforce any obligation to the tribe pledged to secure payment of the bonds without joining the United States as a party thereto. (f) To enter into any business venture as a shareholder of a corporation issuing nonassessable stock, or as a limited partner with any corporation, firm or person operating within said Hopi Industrial Park. (g) To lease lauds witliin the Hopi Industrial Park, any other tribal lands, and the imjjrovements thereou, in accordance with the provisions of Federal laws. SKC. 3. The exercise of all powers granted the Hopi Tribal Council, secretary of 1

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Interior, approval.

by this Act shall be subject to the approval or the Secretary or the Interior, or his duly authorized representatives. SKC. 4. Bonds issued by authority of this Act and bearing the signatures of tribal officers in office on the date of the signing thereof shall be valid and binding obligations, notwithstanding that before the delivery thereof and payment therefor any or all of the persons whose signatures appear thereon have ceased to be officers of the Hopi Tribal Council. SE(\ 5. All bonds issued by the Hopi Tribal Council for and on behalf of the Hopi Tribe and the interest provided in said bonds shall be exempt from taxation to the same extent they would have been exempt if the bonds had l^een issued by the State of Arizona or a jwlitical subdivision thereof. SEC. 6. Any securities issued by the Hopi Tribal Council (including Exempted any guarantee by such council), and any securities guaranteed by the ^''"" '^^' (•ouncil as to both principal and interest, shall be deemed to be exempted securities within the meaning of jmragraph (a)(2) of section 8 of the Act of May 27, 1933, as amended (15 U.S.(\ 77c), and paragraph ^^ Stat. 906. (a) (12) of section 3 of the Act of June 6, 1934, as amended (15 U.S.C. 78c), and shall be exempt from all registration requirements of said ''^ ^*^'- ^^2Acts. Approved May 22, 1970.

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PUBLIC LAW 91-265-MAY 22, 1970

[84 STAT.

Public Law 91-265 May 22, 1970 [H. R. 10105]

National Traffic and Motor Vehicle Safety Act of 1966, amendments. 80 Stat. 728.

80 Stat. 718. "Motor vehicle equipment."

Performance d a t a; original purchaser. 80 Stat. 725.

Recordkeeping.

AN ACT To amend the National TraflBc and Motor Vehicle Safety Act of 1966 to authorize appropriations for fiscal years 1970, 1971, and 1972, and for other purposes.

Be it emicted by the Senate and House of Representatives of the United States of Amenca in Congress assembled, That section 121 of the National Traffic and Motor Vehicle Safety Act of 1966 (15 U.S.C. 1409) is amended by adding at the end thereof the following new subsection: "'(c) There is authorized to be appropriated for the purposes of carrying out this Act, other than title III, not to exceed $23,000,000 for the fiscal year 1970, $40,000,000 for the fiscal year 1971, and $40,000,000 for the fiscal year 1972." SEC. 2. Section 102(4) of the National Traffic and Motor Vehicle Safety Act of 1966 (15 U.S.C. 1391 (4)) is amended to read as follows: "(4) 'Motor vehicle equipment' means any system, part, or component of a motor vehicle as originally manufactured or any similar part or component manufactured or sold for replacement or improvement of such system, part, or component or as any accessory, or addition to the motor vehicle, and any device, article, or apparel not a system, part, or component of a motor vehicle (other than medicines, or eyeglasses prescribed by a physician or other duly licensed practitioner), which is manufactured, sold, delivered, offered, or intended for use exclusively to safeguard motor vehicles, drivers, passengers, and other highway users from risk of accident, injury, or death.' SE(". 3. The second sentence of subsection (d) of section 112 of tl-.e National Traffic and Motor Vehicle Safety Act of 1966 (15 U.S.C. 1401) is amended to read as follows: "The Secretary is authorized to require the manufacturer to give such notification of such performance and technical data as the Secretary determines necessary to carry out the purposes of this Act in the following manner— "(1) to each prospective purchaser of a motor vehicle or item of equipment before its first sale for purposes other than resale at each location where any such manufacturer's vehicles or items of motor vehicle equipment are offered for sale by a person with whom such manufacturer has a contractual, proprietary, or other legal relationship in a manner determined by the Secretary to be appropriate which may include, but is not limited to, printed matter (A) available for retention by such prospective purchaser and (B) sent by mail to such prospective purchaser upon his request; and "(2) to the first person who purchases a motor vehicle or item of equipment for purposes other than resale, at the time of such purchase, in printed matter placed in the motor vehicle or attached to or accompanying the item of motor vehicle equipment." SEC. 4. (a) Section 113(a) of the National Traffic and Motor Vehicle Safety Act of 1966 (15 U.S.C. 1402) is amended by inserting immediately after "Every manufacturer of motor vehicles" the following: "or tires". (b) The first sentence of subsection (d) of section 113 of such Act is amended by inserting immediately after "Every manufacturer of motor vehicles" the following: "or tires". (c) Section 113 of such Act is further amended by adding at the end thereof the following: " (f) Every manufacturer of motor vehicles or tires shall maintain records of the names and addresses of the first purchaser (other than a dealer or distributor) of motor vehicles or tires produced by that manufacturer. The Secretary may establish, by order, procedures

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263

to be followed by manufacturers in establishing and maintaining such records, including procedures to be followed by distributors and dealers to assist manufacturers to secure the information required by this subsection which will not affect the obligation of manufacturers under this subsection. Such procedures shall be reasonable for the particular type of motor vehicle or type of tires for which they are prescribed. With respect to a tire marketed under a brand name not owned by the manufacturer of the tire, the brand name owner shall maintain the records otherwise required of the manufacturer hj this subsection, and shall give any notification required by this section of the manufacturer whenever he is furnished such a notification by the manufacturer, and for the purposes of section 112(c) of this Act, such brand name owner shall be deemed a manufacturer. ^^ sta^. 725. " (g) For the purpose of this section the term 'manufacturer of "Manufacturer of tires' includes, in the case of retreaded tires, the retreader." tires." (d) The amendment made by subsection (b) of this section shall Effective dates. take effect on the date of enactment of this Act. The amendments made by subsections (a) and (c) of this section shall take effect on the one hundred and eightieth day after the date of enactment of this Act unless the Secretary of Transportation finds, for good cause shown, that a later effective date is in the public interest and publishes his reasons for such finding, except that such later effective date shall not be more than one year after the date of enactment of this Act. SEC. 5. Subsection (a) of section 120 of the National Traffic and Motor Vehicle Safety Act of 1966 (15 TJ.S.C. 1408) is amended by so Stat. 728. striking out "and (6) " and inserting in lieu thereof the following: "(6) a statement of enforcement actions including judicial decisions, settlements, or pending litigation during such year; and (7)". ISEC. 6. Title II of the National Traffic and Motor Vehicle Safety Act of 1966 is amended by adding at the end thereof the following jA^.^^'^ ^'*^^' new section: "SEC. 206. The Secretary shall, not later than one year after the date Retreaded tires. of enactment of this section, establish safety standards under title I of this Act setting limits on the age of tire carcasses which can be retreaded. Such standards shall establish varying age limits for such carcasses based on the extent to which the carcass was designed and constructed to be retreaded, the rate of deterioration of the materials in such tire, and such other factors as he determines necessary to carry out the purposes of this Act.'' SEC. 7. Title H I of the National Traffic and Motor Vehicle Safety Act of 1966 is amended to read as follows: J^ use lasi note.

" TITLE III — R E S E A R C H AND T E S T F A C I L I T I E S "SEC. 801. (a) The Secretary of Transportation is authorized to plan, design, and construct (including the alteration of existing facilities) facilities suitable to conduct research, development, and compliance and other testing in traffic safety (including highway safety and motor vehicle safety), except that no appropriation shall be made for any such planning, designing, or construction involving an expenditure in excess of $100,000 if such planning, designing, or construction has not been approved by resolutions adopted in substantially the same form by the Committees on Interstate and Foreign Commerce and on Public Works of the House of Representatives, and by the Committees on Commerce and on Public Works of the Senate. For the purpose of securing consideration of such approval the Secre- Prospectus, tary shall transmit to Congress a prospectus of the proposed facility congl^^ss! including (but not limited to) — "(1) a brief description of the facility to be planned, designed, or constructed; 47-348 O - 72 - 21 (Pt. 1)

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[84 STAT.

" (2) the location of the facility, and an estimate of the maximum cost of the facility; "(3) a statement of those agencies, private and public, which will use such facility, together with the contribution to be made by each such agency toward the cost of such facility; and " (4) a statement of justification of the need for such facility. " (b) The estimated maximum cost of any facility approved under this section as set forth in the prospectus may be increased by the amount equal to the percentage increase, if any, as determined by the Secretary, in construction costs, from the date of the transmittal of sudli prospectus to Congress, but in no event ^hall the increase authorized by this subsection exceed 10 per centum of such estimated maxinmm cost." Agricultural JSEC. 8. (a) The Secretary of Transportation (hereinafter referred ^'ReporTo'c "n-^" to as the ''Secretary'") is hereby authorized to prepare and to submit gress. to the Congress no later than January 1, 1971, a report on the extent, causes and means of prevention of agricultural tractor accidents on both public roads and farms. In addition to such other information as he deems appropriate, the Secretary shall include in the report^— (1) an estimate, based on the best statistical information available, of the number of deaths and injuries resulting annually from agricultural tractor accidents; (2) an identification of the primary causes of agricultural tractor accidents, including consideration of the hazards most likely to cause death or injury; and (3) specific recommendations on means of preventing the occurrence of, and reducing the severity of injuries resulting from, agricultural tractor accidents, including such legislative proposals as the Secretary determines are needed. (b) In formulating the recommendations to be submitted to the Congress, the Secretary shall give careful consideration to the advisability of establishing uniform Federal safety standards in the design and manufacture of all agricultural tractors sold in interstate commerce, requiring the installation on such tractors of safety devices, and providing assistance to the States in developing accurate reporting procedures for accidents involving such tractors. (c) I n order to facilitate the prompt completion of this report, officials of other Federal departments or agencies shall make available to the Secretary, upon his request, any data or information in their possession relating to agricultural tractor accidents and shall otherwise provide assistance. Approved May 22, 1970. iVT

Public Law 91-266 May 22, 1970 fs. 1458]

D. c. Debt adjustment,

prohibition. "Debt adjusto istii -' -'

^ ^ ^^'^ To prohibit the business of deljt adjustiii}? in the District of Coluiubiu except as an incident to the lawful practice of law or as an activity engaged in by a nonprofit corporation or association. Be it OMcted by the Seitate and House of Representatives of the United States of America in Conqress assembled. That, as used in this .

,

,i

,

'

Act, the term— ^ ^ "Debt adjusting" means an activity, whether referred to by the term "budget counseling", ""bndgef planning", "'budget service", "credit advising", "debt adjusting", "debt counseling", "debt help", "financial adjusting", ''financial arranging", "jjrorating", or some other terni of

 * t j ' l) IS - sv - o

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PUBLIC LAW 91-267-MAY 26, 1970

like import, which involves a particular debtor's entering into an express or implied contract whereby the debtor agrees to pay an amount or amounts of money periodically or otherwise to a person who agrees, for a consideration, to distribute such money among specified creditors in accordance with a plan agreed upon between the debtor and the person to whom the debtor makes or agrees to make such payments. (2) "Person-' does not include an individual admitted to the bar of the United States District Court for the District of Columbia. (3) "Partnership" does not include a partnership all the members of which are admitted to the bar of the Ignited States District Court for the District of Columbia. SEC. 2. Except as provided in section 3, no person, partnership, association, or corporation shall engage in the business of debt adjusting in the District of Columbia. SEC. 3. The provisions of this Act shall not apply to those situations involving debt adjusting incurred incidentally in the lawful practice of law in the District of Columbia nor shall anything in this Act be construed to apply to any nonprofit or charitable corporation or association which engages in debt adjusting even though the nonprofit corporation or association may charge and collect nominal sums as reimbursement for expenses in connection with such services. SEC:. 4. (a) Whoever violates section 2 of this Act shall be subject to a fine of not more than $1,000 and to imprisonment for not more than six months, or to both. (b) Prosecutions for violations of this Act shall be conducted in the name of the District of Columbia by the Corporation Counsel or any of his assistants. Approved May 22, 1970.

265

"Person." "Partnership."

Exceptions.

Penalty.

Public Law 91-267 ^NACT To change the name of the Kaysiuger Bluff Dam ami Reservoir, Osage River Basin, Missouri, to the Harry S. Truman Dam and Reservoir, Missouri.

May 26. 1970 [s. 3778]

Be it enacted by the Senate and House of Representatives of the United States of America in Co-ngress assembled, That the Kay singer Harry s. Truman Bluff Dam and Eeservoir, Osage River Basin, Missouri, authorized by?o^. ^"^ the Flood Control Act approved September 3, 1954 (Public Law 83-780), shall hereafter be known as the Harry S. Truman Dam and ^s Stat. 1262., Reservoir, and any law, regulation, document, or record of the United States in which such project is designated or referred to shall be held to refer to such project under and by the name of "Harry S. Truman Dam and Reservoir". Approved May 26, 1970.

Siii tx' 'H'lfn ':JJH 'T iri^^h

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266

[84 STAT.

Public Law 91-268 May 26, 1970 [S. 2999]

D.C. Anatomical gifts.

AN ACT To authorize, in the District of Columbia, the gift of all or part of a human body after death for specified purposes.

Be it enacted by the Senate and HOVM of Representatives United States of Amenca in Congress assembled,

of the

DEFINITIONS: SHORT TITLE

1. (a) As used in this Act, the term— (1) "bank or storage facility'" means a facility licensed, accredited, or approved under the laws of any State for storage of human bodies or parts thereof; (2) "decedent"" means a deceased individual and includes a stillborn infant or fetus; (8) "donor"" means an individual who makes a gift of all or part of his body; (4) "hospital"" means a hospital licensed, accredited, or approved under the laws of any State and includes a hospital operated by the Ignited States Government, a State, or a subdivision thereof, although not required to be licensed under State laws; (5) "part"" includes organs, tissues, eyes, bones, arteries, blood, other fluids, and other portions of a human body, and "part" includes "parts""; (6) "person"" means an individual, corporation, government, or governmental subdivision or agency, business trust, estate, trust, partnership, or association or any other legal entity; (7) "physician"" or "surgeon"" means a physician or surgeon licensed or authorized to practice under the laws of any State; and (8) "State"" includes any State, district, Commonwealth, territory, insular possession, the District of Columbia, and any other area subject to the legislative authority of the L'nit^d States of America. (b) Sections 1 through 8 of this i\.ct shall be knowai as the "District of Columbia Anatomical Gift Act". SECTION

Short title.

PERSONS W H O MAY EXECUTE AN A N A TO M I C A L GIFT

SEC. 2. (a) Any individual of sound mind and eighteen years of age or more may give all or any part of his body for any purposes specified in section 8, the gift to take effect upon death. (b) Any of the following persons, in order of priority stated, when persons in prior classes are not available at the time of death, and in the absence of actual notice of contrary indications by the decedent, or actual notice of opposition by a member of the same or a prior class, may give all or any part of the decedent's body for any purposes specified in section 3: (1) the spouse, (2) an adult son or daughter, (8) either parent, (4) an adult brother or sister, (5) a guardian of the person of the decedent at the time of his death, or (6) any other person authorized or under obligation to dispose of the body. (c) If the donee has actual notice of contrary indications by the decedent, or that.a gift by a member of a class is opposed by a member

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1267

of the same or a prior class, the donee shall not accept the gift. The persons authorized by subsection (b) may make the gift after death or immediately before death. (d) A gift of all or part of a body authorizes any examination necessary to assure medical accei^tability of the gift for the purposes intended. (e) The rights of the donee created by the gift are paramount to the rights of others except as provided by section 7(d). PERSONS WHO MAY BECOME DONEES, AND PURPOSES FOR WHICH ANATOMICAL GIFTS MAY BE MADE

SEC. 3. The following persons may become donees of gifts of bodies or parts thereof for the purposes stated: (1) any hospital, surgeon, or physician, for medical or dental education, research, advancement of medical or dental science, therapy, or transplantation; or (2) any accredited medical or dental school, college, or university, for education, research, advancement of medical or dental science, or therapy; or (3) any bank or storage facility^ for medical or dental education, research, advancement of medical or dental science, therapy, or transplantation; or (4) any specified individual for therapy or transplantation needed by him. MANNER o r E X E C U T I N G ANATOMICAL GIFTS

SEC 4. (a) A gift of all or part of the body under section 2(a) may be made by will. The gift becomes effective upon the death of the testator without waiting for probate. If the will is not probated, or if it is declared invalid for testamentary purposes, the gift, to the extent that it has been acted upon in good faith, is nevertheless valid and effective. (b)(1) A gift of all or part of the body under section 2(a) may also be made by document other than a will. The gift becomes effective upon death of the donor. The document, which may be a card designed to be carried on the person, must be signed by the donor, in the presence of two witnesses who must sign the document in his presence. If the donor cannot sign, the document may be signed for him at his direction and in his presence, and in the presence of two witnesses who must sign the document in his presence. Delivery of the document of gift during the donor's lifetime is not necessary to make the gift valid.

Gift by win.

other document.

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 268 Uniform donor card form.

PUBLIC LAW 91-268-MAY 26, 1970

[84 STAT.

(2) Any such document referred to in paragraph (1) of this subsection may be in the following form and contain the following information: UNIFORM DONOR CARD of p r i n t or type name of donor

In the hope that I may help others, I hereby make this anatomical gift, if medically acceptable, to take effect upon my death. The words and marks below indicate my desires. I give: (a)—any needed organs or parts (b)—only the following organs or parts specify the organ (s) or part (s)

for the purposes of transplantation, therapy, medical research, or education; (c)—my body for anatomical study if needed. Limitations or special wishes, if any: (Other side of card)

Signed by the donor and the following two witnesses in the presence of each other: Signature of donor

Date of birth of donor

Date signed

City and State

Witness

Witness

This is a legal document under the District of Columbia Anatomical Gift Act or similar laws. Donee provi-

Surgeon or p h y s i c i a n, designation.

Recorded message.

(c) The gift may be made to a specified donee or without specifying a donee. If the latter, the gift may be accepted by the attending physician as donee upon or following death. If the gift is made to a speciiied donee who is not available at the time and place of death, the attending phj^sioian upon or following death, in the absence of any expressed indication that the donor desired otherwise, may accept the gift as donee. The physician who becomes a donee under this subsection shall not participate in the procedures for removing or transplanting a part. (d) Notwithstanding section 7(b), the donor may designa^ in his will, card, or other document of gift the surgeon or physician to carry out the appropriate procedures. In the absence of a designation, or if the designee is not available, the donee or other person authorized to accept the gift may employ or authorize, any surgeon or physician for the purpose. (e) Any gift by a person designated in section 2(b) shall be made by a document signed by him, or made by his telegrapnic, recorded telephonic, or other recorded message.

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269

DELIVERY OF D O C U M E N T OF ( i l F T

SEC. 5. If the gift is made by the donor to a specified donee, the will, card, or other document, or any executed copy thereof, may be delivered to the donee to expedite the appropriate procedures immediately after death, but delivery is not necessary to the validity of the gift. The will, card, or other document, or an executed copy thereof, may be deposited in any hospital, bank or storage facility, or registry office that accepts them for safekeeping or for Jacilitation of procedures after death. On request of any interested party upon or after the donor's death, the person in possession shall produce the document for examination. AMENDMENT OR REVOCATION OF THE G I F T

SEC. 6. (a) If the will, card, or other document of executed copy thereof, has been delivered to a specified donee, the donor may amend or revoke the gift by— (1) the execution and delivery to the donee of a signed statement, or (2) an oral statement made in the presence of two persons and communicated to the donee, or (3) a statement during a terminal illness or injury addressed to an attending physician and communicated to the donee, or (4) a signed card or document found on his person or in his effects. (b) Any document of gift which has not been delivered to the donee may be revoked by the donor in the manner set out in subsection (a) or by destruction, cancellation, or mutilation of the document and all executed copies thereof. (c) Any gift made by a will may also be amended or revoked in the manner provided for amendment or revocation of wills, or as provided in subsection (a).

F.

RIGHTS AND DUTIES AT DEATH

SEC. 7. (a) The donee may accept or reject the gift. If the donee accepts a gift of the entire body, he may, subject to the terms of the gift, authorize embalming and the use of the body in funeral services. If the gift is of a part of the body, the donee, upon the death of the donor and prior to embalming, shall cause the part to be removed without unnecessary mutilation. After removal of the part, custody of the remainder of the body vests in the surviving spouse, next of kin or other persons under obligation to dispose of the body. (b) The time of death shall be determined by a physician who attends the donor at his death, or, if none, the physician who certifies the death. This physician shall not participate in the procedures for removing or transplanting a part. (c) A person who acts in good faith in accord with the terms of this Act, or under the anatomical gift laws of another State is not liable for damages in any civil action or subject to prosecution in any criminal proceeding for his act. (d) The provisions of this Act are subject to the laws of the District of Columbia prescribing powers and duties with respect to autopsies.

Time of death.

Liability.

Autopsies.

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PUBLIC LAW 91-268-MAY 26, 1970

[84 STAT.

UNIFORM I T Y OF I N T E R P R E T A T I O N

ba"kT" ^^^^""^ Definitions. 76 Stat. 534. Ante, p. 2 66.

64 Stat. 904; 76 Stat! 536,537.

Licenses and 76 Stat. 535. D.C. Code 2-253. Drc!^^ode 2-255 to 2-25 7. authorizltTon""^^' D.C. Code 2-258.

64 Stat. 904; 76 Stat. 536.

SEC. 8. This Act shall be so construed as to effectuate its general purpose to make uniform the law of those States which enacted it. ^^^- 9- (^) That part of section 3 of the District of Columbia Tissue Bank Act (D.C. Code, sec. 2-252) which follows the definition of the term "Commissioners" is amended to read as follows: " 'Donor' means any person who, in accordance with the provisions Qf the District of Columbia Anatomical Gift Act, bequeaths or donates his tissue for removal after death in furtherance of the purposes of such Act, and also means any deceased person whose tissue is donated or disposed of for the purposes of this Act, the District of Columbia Anatomical Gift Act, or sections 675, 676, and 683 of the Act of March 3, 1901, as amended (D.C. Code, sec. 27-119a and sec. 27-125). " 'Tissue' meaus any body of a dead human or any portion thereof, including organs, tissues, eyes, bones, arteries, blood, and other fluids. " 'Tissue bank' means a facility for procuring, removing, and disposing of tissue for the purposes set forth in the District of Columbia Anatomical Gift Act, and for the purposes of reconstructive medicine and surgery, and research and teaching in reconstructive medicine and surgery." (|>\ Subsection (b) of section 4 of the District of Columbia Tissue Bank Act IS amended by striking out "prescribing, without limitation," and iuserting in lieu thereof "to carry out the purposes of this Act and the District of Columbia Anatomical Gift Act, including, without limitation, rules and regulations prescribing." (^) Sectious 6, 7, and 8 of the District of Columbia Tissue Bank Act are hereby repealed. (^) Subsection (b) of section 9 of the District of Columbia Tissue Bank Act is amended to read as follows: "(b) The Coroner of the District of Columbia may, in his discretion, allow tissue to be removed from any dead human body in his custody or under his jurisdiction, if such tissue removal shall not interfere with other functions of the Office of the Coroner, and the person who, in accordance with section 2(b) of the District of Columbia Anatomical Gift Act, is authorized to donate tissue therefrom, shall first authorize such tissue removal." (e) Section 683 of the Act of March 8, 1901 (D.C. Code, sec. 27-125), is amended by deleting "may be removed by or under the supervision of a person licensed under the authority of section 4 of such Act for preservation in a tissue bank operating pursuant to such Act," and inserting in lieu thereof the following: "or the District of Columbia Anatomical Gift Act may be removed by or under the supervision of a person licensed under the authority of section 4 of the District of Columbia Tissue Bank Act for preservation in a tissue bank operating pursuant to such Act, or for use in accordance with the provisions of the District of Columbia Anatomical Gift Act,". (f) Sections 675 and 676 of the Act of March 3, 1901 (D.C. Code, gec. 27-119a), is amended by inserting immediately after "such Act" ^^^^ following: "or the District of (\^lumbia Anatoinical Gift Act". Approved May 26, 1970.

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PUBLIC LAW 91-269-MAY 27, 1970

271

Public Law 91-269 AN ACT To provide for Federal Government recognition of and participation in international expositions proposed to he held in the United States, and for other purposes.

Be it enacted by the Senate and House of Representatives of the T'nltcd States of America in Comgress assembled. That the Congress finds that— (a) international expositions, when properly organized, financed, and executed, have a significant impact on the economic growth of the region surrounding the exposition and, under appropriate international sanction, are important instruments of national policy, particularly in the exchange of ideas and the demonstration of cultural achievements between peoples; (b) in view of the widely varying circumstances under which international expositions haxe developed in the Imited States, the different degrees to which the Federal Government has assisted and particijiated in such expositions, and the increasing number of proposals for future expositions, the national interest requires that Federal action concerning such expositions be given orderly consideration; and (c) such orderly consideration is best achieved by the development of uniform standards, criteria, and procedures to establish the conditions under which the Government hereafter will (A) recognize international expositions proposed to be held in the United States, and (B) take part in such expositions.

May 27, 1970 [S. 856]

International expositions. U.S. recognition and participation.

Uniform standards.

FEDERAL. RKCOGNITTON

SEC. 2. (a) Any international exposition proposed to be held in the United States shall be eligible on application from its sponsors to receive the recognition of the Federal Government upon a finding of the President that recognition will be in the national interest. In making such a finding the President shall consider— (1) a report by the Secretary of Commerce which shall include (A) an evaluation of purposes and reasons for the exposition, and (B) a determination that guaranteed financial and other support has been secured by the exposition from affected State and local governments and from business and civic leadership of the region and others, in amounts sufficient in his judgment to assure the successful development and progress of the exposition; (2) a report by the Secretary of State that the proposed exposition qualifies for consideration of registration by the Bureau of International Expositions (herpafter referred to as B I E); and (3) such other evidence as the President may consider to be appropriate. (b) t^pon a finding by the President that an international exposition is eligible for Federal recognition, the President may take such measures recognizing the exposition as he deems proper, including, but not limited to— (1) presenting of an official request by the United States for registration of the exposition by the B I E; (2) providing for fulfillment of the requirements of the Convention of November 22, 1928, as amended, relating to international expositions; and

19 UST 5927.

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 272

con^^e°sl'° ''-

Congressional authorization.

PUBLIC LAW 91-269-MAY 27, 1970

[84 STAT.

(3) extending invitations, by proclamation or by such other manner he deems proper, to the several States of the Union and to foreign governments to take part in the exposition, provided that he shall not extend such an invitation until he has been notified officially of B I E registration for the exposition. (^) '^^^ President shall report his actions under this section promptly to the Congress. FEDERAL PARTICIPATION

SEC. 3. The Federal Government may participate in an international exposition pToposed to be held in the United States oiily upon the authorization of the Congress. If the President finds that Federal participation is in the national interest, he shall transmit to the Congress his proposal for such participation, which proposal shall include— (a) evidence that the international exposition has met the criteria for Federal recognition and, pursuant to section 2 of this Act, it has been so recognized; (b) a statement that the international exposition has been registered by the B I E; and (c) a plan prepared by the Secretary of Commerce in cooperation with other interested departments and agencies of the Federal Government for Federal participation in the exposition. In developing such a plan, the Secretary shall give due consideration to whether or not the plan should include the construction of a Federal pavilion and, if so, whether or not the Government would have need for a permanent structure in the area of the exposition. I n the event such need is established, the Secretary may include in his plan a recommendation that, as a condition of participation, the Government should be deeded a satisfactory site for the Federal pavilion, in fee simple and free of liens or other encumbrances. The Secretary shall seek the advice of the Administrator of the General Services Administration to the extent necessary in carrying out the provisions of this subsection. ESTABLISHMENT A N D P U B L I C A T I O N OF STANDARDS AND CRITERIA

Fe^"^i\'Re'Tster

fo^ltlt' 974 22 USC 24sia. Appropriation.

SEC. 4. (a) The Secretary of Commerce is hereby authorized and directed to establish and maintain standards, definitions, and criteria which are adequate to carry out the purposes of section 2(a)(1) and section 3(a) of this Act; and (^) Staudards, definitions, and criteria established by the Secretary and such revisions in them as he may make from time to time shall be published in the Federal Eegister. SEC. 5. The President may withdraw Federal recognition or participation whenever he finds that continuing recognition or participation would be inconsistent with the national interest and with the purposes of this Act. SKC. . Nothing in this Act shall affect or limit the authority of Federal (lepartnientK and agencies to participate in international expositions or o\ents otherwise authorized by law. '^* • ^* Section S of Public Law Si)-(»^;^) is hereby re{)ealed. SK(". S. There are authorized to be appropriate(l such sums, not to (.xceed $20,(K) ill any fiscal yeai', as may l>e necessary to carry out (he purposes of this Act. Approved May 27, 1970. hun.fc>u?iji<^t'vj if

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273

PUBLIC LAW 91-270-MAY 28, 1970

Public Law 91-270 AN ACT To authorize the Secretary of the Interior to constnu-t. operate, and maintain the Merlin division, Rogue River Basin project. Oregon, and for other purposes.

Be it enactexl by the Senate and House of Representatives of the United States of Amerira in Congress assembled. That, for the purposes of providing irrigation water for approximately nine thousand three hundred acres, flood control, area redevelopment, and providing municipal and industrial water supply, fish and wildlife enhancement, and recreation benefits, the Secretary of the Interior, acting pursuant to the Federal reclamation laws (Act of June 17, 1902 (32 Stat. 388), and Act amendatory thereof or supplementary thereto), is authorized to construct, operate, and maintain the Merlin division, Rogue River Basin project, Oregon. The principal works of the division shall consist of Sexton Dam and Reservoir, diversion and distribution facilities, and drainage facilities. SEC. 2. Irrigation repayment contracts shall provide with respect to any contract unit, for repayment of the irrigation construction costs assigned for repayment to the irrigators over a period of not more than fifty years, exclusive of any development period authorized by law. Irrigation repayment contracts shall further provide for the assessment and collection of a service charge of not less than $40 per annum for each identifiable ownership receiving irrigation ser\ice from and through the works of the Merlin division, such charge to be in addition to the repayment capacity of the lands as determined by the Secretary on the basis of studies of the value of water for full-time family-size farm operations. Construction costs allocated to irrigation beyond the ability of irrigators to repay shall be charged to and returned to the reclamation fund in accordance with the provisions of section 2 of the Act of June 14, 1966 (80 Stat. 200), as amended by section 6 of the Act of September 7, 1966 (80 Stat. 707). SEC. 3. The conservation and development of the fish and wildlife resources and the enhancement of recreation opportunities in connection with the Merlin division shall be in accordance with the provisions of the Federal Water Project Recreation Act (79 Stat. 213). SEC. 4. Before the works are transferred to an irrigation water user's organization for care, operation, and maintenance, the organization shall have agreed to operate them in such fashion, satisfactory to the Secretary, as to achieve the benefits to fish and wildlife enliancement, and recreation on which the allocations of costs therefor are predicated, and to operate them in accordance with regulations prescribed by the Secretary of the Army to achieve the benefits to flood control on which the allocation of casts therefor is predicated, and to return the works to the Ignited States for care, operation, and maintenance in the event of failure to comply with the requirements to achieve such benefits. SEC. 5. Power and energy required for irrigation water pumping for the Merlin division shall be made available by the Secretary from the Federal Columbia River system at charges determined by him. SEC. 6. For a period of ten years from the date of enactment of this Act, no water from the project authorized by this Act shall be delivered to any water user for the production on newly irrigated lands of any basic agricultural commodity, as defined in the Agricultural Act of 1949, or any amendment thereof, if the total supply of such commodity for the marketing year in which the bulk of the crop would normally be marketed is in excess of the normal supply as

May 28, 1970 [H. R. 780]

Rogue River Basin project, Ore. Merlin division, authorization.

43 USC 371 note, 391 note.

Irrigation, repayment period.

Service charge.

Construction costs.

16 USC 835j835m and note s. R e c r e a t i o n; I'ish and wildlife enhancement. 16 USC 4 6 0 M 2 note. Transfer terras.

Power and energy. Newly irrigated lands, use restriction.

63 Stat. 1051. 7 USC 1421 note, 1428.

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 274 62 Stat. 1251. 7 USC 1301.

Appropriation.

PUBLIC LAW 91-271-JUNE 2, 1970

[84 STAT.

defined in section HOI (b) (10) of the Agricultural Adjustment Act of 1938, as amended, unless the Secretary of Agriculture calls for an increase in production of such commodity in the interest of national security. SFX:. 7. There is hereby authorized to be appropriated for construction of the works herein authorized the sum of $28,470,000 (July 1969 prices), plus or minus such amounts, if any, as may be justified by reason of ordinary fluctuations in the costs of construction as indicated by engineering costs indexes applicable to the type of construction involved therein. There are also authorized to be appropriated such sums as may be required for the operation and maintenance of said works. Approved May 28, 1970.

Public Law 91-271 June 2, 1970 [S. 26241

Customs c o u r t s. Procedural changes.

AN ACT To improve the judicial machinery in customs courts by amending the statutory provisions relating to judicial actions and administrative proceedings in customs matters, and for other purposes.

Be it enacted by the Senate and Ilouae of Representatives United /States of America !n (Congress assemhted^

of the

TITLE I — J U D I C I A L ACTION S I N CUSTOMS C A S E S SHORT TITLE Citation of title.

SEC. 101. This title may be cited as ''The Customs Courts Act of 1970"'. APPEALS FROM CUSTOMS COURT D E C I S I O N S — JURISDICTION

62 Stat. 942.

SEC. 102. Section 1541 of title 28 of the United States Code is amended to read as follows:

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