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Page:United States Statutes at Large Volume 91.djvu/1437

 PUBLIC LAW 95-190—NOV. 16, 1977 (57) in section 173(1)(A) strike out "facility" each place it appears and insert in lieu thereof "source"; strike out "from new" and insert in lieu thereof "from new or modified"; and insert "applicable" before "implementation plan"; (58) in section 173 strike out "and" after the semicolon in paragraph (2); strike out the period at the end of paragraph (3) and insert in lieu thereof "; and"; and add the following at the end thereof: "(4) the applicable implementation plan is being carried out for the nonattainment area in which the proposed source is to be constructed or modified in accordance with the requirements of this part."; (59) in section 176(a)(1) insert "national" before "primary"; (60) in section 202(a) strike out "(a) Except as otherwise provided in subsection (b) — "(a)(1) Except as otherwise provided in subsection (b) the" and substitute " (a) Except as otherwise provided in subsection (b) — "(1) The"; (61) in section 202(a)(3)(B) strike out "During the period of June 1 through December 31, 1979, and during each period of June 1 through December 31 of each third year after 1979," and insert in lieu thereof "During the period of June 1 through December 31, 1978, in the case of hydrocarbons and carbon monoxide, or during the period of June 1 through December 31, 1980, in the case of oxides of nitrogen, and during each period of June 1 through December 31 of each third year thereafter,"; (62) in the last sentence of section 202(a)(3)(B) strike out "of" before "from"; (63) in section 202(a)(3)(E) strike out "June 1, 1979," and insert in lieu thereof "June 1, 1978, in the case of hydrocarbons and carbon monoxide, and June 1, 1980, in the case of oxides of nitrogen,"; (64) in section 202(b)(1)(B) strike out "model year 1976" and insert in lieu thereof "calendar year 1976"; (65) in section 202(b)(1)(B)(i) strike out "United States" and insert in lieu thereof "other"; (66) in section 203(a)(3)(B), strike out the comma after "purchaser" and substitute a semicolon; (67) in section 203(a)(4)(C), insert "or" after "person,"; (68) in the last sentence of section 203(a) insert a period after "215"' (69) in section 206(g)(3) insert "shall" after " (D) "; (70) in section 207(a) strike o u t " (3) The cost" and substitute: "(3) The cost"; (71) in section 207(f), as added by section 212 of the Clean Air Act Amendments of 1977, strike out " (f) " and substitute " (h) "; (72) in section 207(h)(2) (asaddedby section 212 of the Clean Air Act Amendments of 1977 and redesignated in paragraph (65) of this section), strike out "as determined and" and insert in lieu thereof "as determined under"; (73) in section 211(f)(2) strike out "first"; and insert ", except as otherwise provided pursuant to a waiver under paragraph (4)" after "per gallon of fuel";

91 STAT. 1403 Permit requirements. 42 USC 7503.

Ante, p. 749. Moving sources emission standards. Ante, p. 791. Ante, p. 765.

Ante, p. 751.

Ante, p. 761. Ante, p. 755. Ante, p. 757. Ante, p. 768. Ante, p. 754.

Ante, p. 758.

Ante, p. 762.

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Page:United States Statutes at Large Volume 91.djvu/1438

 91 STAT. 1404 Ante, p. 762. Ante, p. 757 Ante, p. 770. Ante, p. 771.

^rafe, pp. 776, ^^^-

Ante, pp. 704, 712, 715.

42 USC 7401. Ante, p. 785. Ante, p. 788.

Ante, p. 790.

PUBLIC LAW 95-190—NOV. 16, 1977 (74) in section 211(f)(4) insert "or the limitation specified in paragraph (2) of this subsection," after "subsection"; (75) in section 215(d) strike out "December 31, 1981," and insert in lieu thereof "December 31, 1980,"; (76) in Section 302(e), insert a comma after "individual"; (77) in section 304(a)(3) insert "or modified" after "new"; (78) in section 304(f)(3) strike out "requirements" after "smelter orders)," and substitute "any condition or requirement"; and strike out "or" before "section 169A" and insert ", or" after " (relating to ozone protection)"; (79) in the first sentence of section 307(b)(1), insert "or requirement" before "under section 112,"; strike out "under section 111" and insert in lieu thereof "or requirement under section 111,"; strike out "any rule or order issued under section 120 (relating to noncompliance penalties," and insert in lieu thereof "any rule issued under section 113,119, or under section 120, or"; (80) in the second sentence of section 307(b)(1) insert "under section l l l (j), under section 112(c), under section 113(d), under section 119, or" before "under section 120"; and insert "(as in effect before the date of enactment of the Clean Air Act Amendments of 1977)" after "119(c)(2)(A), (B), or (C) "; and insert "(including any denial or disapproval by the Administrator under title I) " after "under this Act"; (81) in section 323(d), strike out "eleven" and substitute "thirteen"; strike out "seven" and substitute "nine"; strike out ", by and with the advice and consent of the Senate"; (82) in section 324(j) insert after " (j) " the following: "The Commission may appoint and fix the pay of such staff as it deems necessary."; (83) redesignate section 325 (as added by section 315 of the Clean Air Act Amendments of 1977) as section 327 and in subsection (b)(4) thereof, strike out "103(b)(5)" and insert in lieu thereof " 103 (a)(5)"; and (84) in title III, add the following new section after section = 325: "CONSTRUCTION OF CERTAIN CLAUSES

42 USC 7625a. .

Ante, p. 704. Ante, p. 745.

"SEC. 326. The parenthetical cross references in any provision of this Act to other provisions of the Act, or other provisions of law, .where the words "relating to" or "pertaining to" are used, are made only for convenience, and shall be given no legal effect.". (b) The Clean Air Act Amendments of 1977 (Public Law 95-95) is amended as follows: (]^) jj^ section 111, redesignate the second subsection (b) as paragraph (3) and redesignate existing paragraph (3) as para• graph (4); (2) in section 129(a)(2) (C ^ strike out "January 1, 1979," and insert in lieu thereof "July 1, 1979,"; (3) in the next to last sentence of section 129(a)(2), strike "at" after "judgment";

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Page:United States Statutes at Large Volume 91.djvu/1439

 PUBLIC LAW 95-190—NOV. 16, 1977

91 STAT. 1405

(4) in section 129(c), strike out "subpart D " in each place it ^«^e, p. 750. appears and insert in lieu thereof "part D of title I " and strike out "101" and insert in lieu thereof "110"; (5) in section 224(g) strike out "after 'engines' " and insert in Ante, p. 769. lieu thereof "after 'engine' "; and (6) in section 406(c) strike out "section 110 of this Act" and Ante, p. 796. insert in lieu thereof "section 110 of the Clean Air Act". Approved November 16, 1977.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-338 accompanying H.R 6827 (Coram, on Interstate and Foreign Commerce). SENATE REPORT No. 95-190 (Comm. on Environment and Public Works). CONGRESSIONAL RECORD, Vol. 123 (1977): May. 24, considered and passed Senate. July. 12, considered and passed House, araended, in lieu of H.R. 6827. Aug. 5, Senate agreed to House araendraent with amendments. Nov. 1, House agreed to one Senate amendment and amended the other; Senate concurred in House amendment.

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Page:United States Statutes at Large Volume 91.djvu/1440

 91 STAT. 1406

PUBLIC LAW 95-191—NOV. 18, 1977

Public Law 95-191 95th Congress An Act Nov. 18, 1977 [H.R. 6348] Indians. Ely Indian Colony, Nev. Land conveyance.

To convey to the Ely Indian Colony the beneficial interest in certain Federal land.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, subject to all valid existing rights-of-way, licenses, leases, permits, and easements, all right, title, and interest of the United States in the land described below, consisting of approximately ninety acres, is declared to be held in trust for the Ely Indian Colony, Nevada: The north half of the southeast quarter and the northeast quarter of the northeast quarter of the southwest quarter of section 22, township 16 north, range 63 east, Mount Diablo base and meridian, Nevada. Such land shall be a reservation of the colony. Approved November 18, 1977.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-619 (Comm. on Interior and Insular Affairs). CONGRESSIONAL RECORD, Vol. 123 (1977): Oct. 3, considered and passed House. Nov. 4, considered and passed Senate.

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Page:United States Statutes at Large Volume 91.djvu/1441

 PUBLIC LAW 95-192—NOV. 18, 1977

91 STAT. 1407

Public Law 95-192 95th Congress An Act To provide for furthering the conservation, protection, and enhancement of the Nation's soil, water, and related resources for sustained use, and for other purposes.

Nov. 18, 1977 [S. 106]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may Soil and Water be cited as the "Soil and Water Resources Conservation Act of 1977". Resources

Conservation Act of 1977. FINDINGS 16 USC 2001 note. SEC. 2. The Congress finds that: (1) There is a growing demand on the soil, water, and related 16 USC 2001.

resources of the Nation to meet present and future needs. (2) The Congress, in its concern for sustained use of the resource base, created the Soil Conservation Service of the United States Department of Agriculture which possesses information, technical expertise, and a delivery system for providing assistance to land users with respect to conservation and use of soils; plants; woodlands; watershed protection and flood prevention; the conservation, development, utilization, and disposal of water; animal husbandry; fish and wildlife management; recreation; community development; and related resource uses. (3) Resource appraisal is basic to effective soil and water conservation. Since individual and governmental decisions concerning soil and water resources often transcend administrative boundaries and affect other programs and decisions, a coordinated appraisal and program framework are essential. DEFINITIONS

16 USC 2002. SEC. 3. As used in this Act: (1) The term "Secretary" means the Secretary of Agriculture. (2) The term "soil, water, and related resources" means those resources which come within the scope of the programs administered and participated in by the Secretary of Agriculture through the Soil Conservation Service. (3) The term "soil and water conservation program" means a set of guidelines for attaining the purposes of this Act. DECLARATIONS OF POLICY AND PURPOSE: PROMOTION THEREOF

SEC. 4. (a) In order to further the conservation of soil, water, and 16 USC 2003. related resources, it is declared to be the policy of the United States and purpose of this Act that the conduct of programs administered by the Secretary of Agriculture for the conservation of such resources shall be responsive to the long-term needs of the Nation, as determined under the provisions of this Act. (b) Recognizing that the arrangements under which the Federal Government cooperates with State soil and water conservation agencies and other appropriate State natural resource agencies such as those concerned with forestry and fish and wildlife and, through conservation districts, with other local units of government and land users,

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Page:United States Statutes at Large Volume 91.djvu/1442

 91 STAT. 1408

Reports to Congress and public.

PUBLIC LAW 95-192—NOV. 18, 1977 have effectively aided in the protection and improvement of the Nation's basic resources, including the restoration and maintenance of resources damaged by improper use, it is declared to be the policy of the United States that these arrangements and similar cooperative arrangements should be utilized to the fullest extent practicable to achieve the purpose of this Act consistent with the roles and responsibilities of the non-Federal agencies, landowners and land users. (c) The Secretary shall promote the attainment of the policies and purposes expressed in this Act by— (1) appraising on a continuing basis the soil, water, and related resources of the Nation; (2) developing and updating periodically a program for furthering the conservation, protection, and enhancement of the soil, water, and related resources of the Nation consistent with the roles and program responsibilties of other Federal agencies and State and local governments; and (3) providing to Congress and the public, through reports, the information developed pursuant to paragraphs (1) and (2) of this subsection, and by providing Congress with an annual evaluation report as provided in section 7. APPRAISAL

16 USC 2004.

Contents.

SEC. 5. (a) In recognition of the importance of and need for obtaining and maintaining information on the current status of soil, water, and related resources, the Secretary is authorized and directed to carry out a continuing appraisal of the soil, water, and related resources of the Nation! The appraisal shall include, but not be limited to— (1) data on the quality and quantity of soil, water, and related resources, including fish and wildlife habitats; (2) data on the capability and limitations of those resources for meeting current and projected demands on the resource base; (3) data on the changes that have occurred in the status and condition of those resources resulting from various past uses, including the impact of farming technologies, techniques, and practices; (4) data on current Federal and State laws, policies, programs, rights, regulations, ownerships, and their trends and other considerations relating to the use, development, and conservation of soil, water, and related resources; (5) data on the costs and benefits of alternative soil and water conservation practices; and (6) data on alternative irrigation techniques regarding their costs, benefits, and impact on soil and water conservation, crop production, and environmental factors. (b) The appraisal shall utilize data collected under this Act and pertinent data and information collected by the Department of Agriculture and other Federal, State, and local agencies and organizations. The Secretary shall establish an integrated system capable of using combinations of resource data to determine the quality and capabilities

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Page:United States Statutes at Large Volume 91.djvu/1443

 PUBLIC LAW 95-192—NOV. 18, 1977 for alternative uses of the resource base and to identify areas of local, State, and National concerns and related roles pertaining to soil and water conservation, resource use and development, and environmental improvement. (c) The appraisal shall be made in cooperation with conservation districts, State soil and water conservation agencies, and other appropriate citizen groups, and local and State agencies under such procedures as the Secretary may prescribe to insure public participation. (d) The appraisal shall be completed by December 31, 1979, and at each five-year interval thereafter during the period this Act is in effect.

91 STAT. 1409

Public participation.

Completion dates.

SOIL AND WATER CONSERVATION PROGRAM

SEC. 6. (a) The Secretary is hereby authorized and directed to Development. develop in cooperation with and participation by the public through 16 USC 2005. conservation districts, State and national organizations and agencies, and other appropriate means, a national soil and water conservation program (hereinafter called the "program") to be used as a guide in carrying out the activities of the Soil Conservation Service which assist landowners and land users, at their request, in furthering soil and water conservation on the private and non-Federal lands of the Nation. The program shall set forth direction for future soil and water conservation efforts of the United States Department of Agriculture based on the current soil, water, and related resource appraisal developed in accordance with section 5 of this Act, taking into consideration both the long- and short-term needs of the Nation, the landowners, and the land users, and the roles and responsibilities of Federal, State, and local governments in such conservation efforts. The program shall also Contents, include but not be limited to— (1) analysis of the Nation's soil, water, and related resource problems; (2) analysis of existing Federal, State, and local government authorities and adjustments needed; (3) an evaluation of the effectiveness of the soil and water conservation ongoing programs and the overall progress being achieved by Federal, State, and local programs and the landowners and land users in meeting the soil and water conservation objectives of this Act; (4) identification and evaluation of alternative methods for the conservation, protection, environmental improvement, and enhancement of soil and water resources, in the context of alternative time frames, and a recommendation of the preferred alternatives and the extent to which they are being implemented; (5) investigation and analysis of the practicability, desirability, and feasibility of collecting organic waste materials, including manure, crop and food wastes, industrial organic waste, municipal ^; sewage sludge, logging and wood-manufacturing residues, and any other organic refuse, composting, or similarly treating such materials, transporting and placing such materials onto the

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Page:United States Statutes at Large Volume 91.djvu/1444

 91 STAT. 1410

Completion dates.

PUBLIC LAW 95-192—NOV. 18, 1977 land to improve soil tilth and fertility. The analysis shall include the projected cost of such collection, transportation, and placement in accordance with sound locally approved soil and water conservation practices; (6) analysis of the Federal and non-Federal inputs required to implement the program; (7) analysis of costs and benefits of alternative soil and water conservation practices; and (8) investigation and analysis of alternative irrigation techniques regarding their costs, benefits, and impact on soil and water conservation, crop production, and environmental factors. (b) The program plan shall be completed not later than December 31, 1979, and be updated at each five-year interval thereafter during the period this Act is in effect. REPORT TO CONGRESS

16 USC 2006.

Legislative recommendations.

SEC. 7. (a) On the first day Congress convenes in 1980 and at each five-year interval thereafter during the period this Act is in effect the President shall transmit to the Speaker of the House of Representatives and the President of the Senate, the appraisal and the program as required by sections 5 and 6 of this Act, together with a detailed statement of policy regarding soil and water conservation activities of the United States Department of Agriculture. (b) Commencing with the fiscal year ending September 30, 1982, the President shall, not later than thirty days after the submission of the budget for each fiscal year, prepare and transmit to Congress a report expressing in qualitative and quantitative terms the extent to which the programs and policies projected under the budget meet the statement of policy submitted under subsection (a) of this section. In any case in which the budget recommends a course which fails to meet the statement of policy, the President shall set forth in his report under this subsection the reasons for requesting Congress to approve the lesser program or policies presented in the budget. (c) The Secretary, during budget preparation for fiscal year 1982 and annually thereafter during the period this Act is in effect, shall prepare and transmit to the Congress, through the President, a report to accompany the budget which evaluates the program's effectiveness in attaining the purposes of this Act, The report, prepared in concise summary form with appropriate detailed appendices, shall contain pertinent data from the current resource appraisal required to be prepared by section 5 of this Act, shall set forth the progress in implementing the program required to be developed by section 6 of this Act, and shall contain appropriate measurements of pertinent costs and benefits. The evaluation shall assess the balance between economic factors and environmental quality factors. The report shall also indicate plans for implementing action and recommendations for new legislation where warranted.

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Page:United States Statutes at Large Volume 91.djvu/1445

 PUBLIC LAW 95-192—NOV. 18, 1977

91 STAT. 1411

AUTHORIZATION FOR APPROPRIATIONS

SEC. 8. There are authorized to be appropriated such funds as may 16 USC 2007. be necessary to carry out the purposes of this Act. EFFECTIVE DATE

SEC. 9. In the implementation of this Act, the Secretary shall utilize 16 USC 2008. information and data available from other Federal, State, and local governments, and private organizations and he shall coordinate his actions with the resource appraisal and planning efforts of other Federal agencies and avoid unnecessary duplication and overlap of planning and program efforts. SEC. 10. The provisions of this Act shall terminate on December 31, Termination date. 1985. 16 USC 2009. Approved November 18, 1977.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-344 accompanying H.R. 75 (Comm. on Agriculture). SENATE REPORT No. 95-59 (Comm. on Agriculture, Nutrition, and Forestry). CONGRESSIONAL RECORD, Vol. 123 (1977): Mar. 23, considered and passed Senate. June 6, considered and passed House, amended, in lieu of H.R. 75. Nov. 2, Senate concurred in House amendments with an amendment. Nov. 3, House agreed to Senate amendment.

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Page:United States Statutes at Large Volume 91.djvu/1446

 91 STAT. 1412

PUBLIC LAW 95-193—NOV. 18, 1977

Public Law 95-193 95th Congress An Act Nov. 18, 1977 [H.R. 8777]

Appalachian Regional Development Act of 1965, amendments. 40 USC app. 202. Child development programs, funding extension. Study. 40 USC app. 202 note.

Report to Congress.

To amend the Appalachian Regional Development Act of 1965 to permit an extension of the period of assistance for child development programs while a study is conducted on methods of phasing out Federal assistance to these programs.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 202(c) of the Appalachian Regional Development Act of 1965 is amended by striking out the period at the end of the seventh sentence and inserting in lieu thereof a comma and the following: "except that transitional funding not to exceed 75 per centum of annual operating costs may be approved for not more than two additional years of operations for child development demonstrations if the Commission finds that no Federal, State, or local funds are available to continue such demonstrations.". SEC. 2. (a) The Appalachian Regional Commission and the Department of Health, Education, and Welfare shall make a full and complete investigation and study of the child development programs being assisted under the Appalachian Regional Development Act of 1965 to determine the source and nature of any problems in the phasing out of such Federal assistance to such programs and to recommend solutions to these problems, including procedures by which sponsorship of these programs can be turned over to State or private agencies, or both. (b) The Appalachian Regional Commission and the Department of Health, Education, and Welfare shall make a report to the Congress of their findings and recommendations under subsection (a) not later than one year after the date of enactment of this Act. Approved November 18, 1977.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-738, pt. I (Comm. on Public Works and Transportation). CONGRESSIONAL RECORD, Vol. 123 (1977): Nov. 1, considered and passed House. Nov. 3, considered and passed Senate., ,.;

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Page:United States Statutes at Large Volume 91.djvu/1447

 PUBLIC LAW 95-194—NOV. 18, 1977

91 STAT. 1413

Public Law 95-194 95th Congress An Act To extend the provisions of the Fishermen's Protective Act of 1967, relating to the reimbursement of seized commercial fishermen, until October 1, 1978.

Nov. 18, 1977 [S. 1184]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 7(e) Fishermen's of the Fishermen's Protective Act of 1967 (22 U.S.C. 1977(e)) is Protective Act of amended by striking out "October 1, 1977" and inserting in lieu thereof 1967, amendment. "October 1, 1978". SEC. 2. The Fishermen's Protective Act of 1967, as amended, is fur- Seized ther amended by adding the following new section at the end thereof: commercial "SEC. 10. (a) After July 1, 1977, the Secretary may make a loan to fishermen, the owner or operator of any vessel of the United States which is docu- reimbursement. Loans. mented or certified as a commercial fishing vessel if— "(1) he receives an application for a loan under this section Effective date. 22 USC 1980. after such date; "(2) he reasonably determines that such vessel, or its fishing gear, was lost, damaged, or destroyed by any vessel (or its crew or fishing gear) of a foreign nation operating within the fishery conservation zone established by sections 101 and 102 of the Fishery Conservation and Management Act of 1976 (16 U.S.C. 1811); 16 USC 1812. and "(3) the amount of such loss, damage, or destruction exceeds $2,000. Any such loan— "(A) may be for an amount not exceeding the value of such loss, damage, or destruction; "(B) shall be conditional upon assignment to the Secretary of any right to recover for such loss, damage, or destruction; "(C) shall bear interest at a rate not to exceed 3i/^ per centum Interest rate. per annum; and "(D) shall be subject to such terms and conditions as the Secretary deems necessary and appropriate for the purposes of this section. The Secretary shall use the Fishermen's Protective Fund created under section 9 for the amounts of any loan made under this section. 22 USC 1979. Loans may be made for any loss, damage, or destruction occurring after July 1, 1976 for which claims are not already substantially resolved. "(b) The Secretary, in conjunction with other agencies or depart- Investigation, ments, shall investigate each incident of loss, damage, or destruction eooperation. for which a loan was made under this section. If he determines that Loan repayment, the owner or operator who received the loan was not at fault, the cancellation. Secretary shall cancel repayment of such loan and refund to such owner or operator any principal and interest payments thereon made prior to the date of such cancellation. If he determines that the owner or operator who received the loan was at fault, the loan shall not continue for its term and shall be repaid within a reasonable time as determined by the Secretary.

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Page:United States Statutes at Large Volume 91.djvu/1448

 91 STAT. 1414 Collection.

r

M .

22 USC 1979.

"Secretary." ^^^^-

PUBLIC LAW 95-194—NOV. 18, 1977 "(c) The Secretary, with the assistance of the Attorney General, the Secretary of State, and the claimant, shall take appropriate action, pursuant to the provisions of title 28, United States Code, to collect on any right assigned to him under subsection (a). Amounts collected under this subsection shall— "(1) if such loan was canceled pursuant to subsection (b), be paid into the Fishermen's Protective Fund created under section 9, to the extent of the amount so canceled; "(2) if not so canceled, be applied to the repayment of such loan; or "(3) to the extent not used pursuant to paragraph (1) or (2), paid to the owner or operator who assigned such claim. " ((J) YoT the purposes of this section, the term 'Secretary' means the Secretary of Commerce. "(e) The Secretary may from time to time establish by regulation fees to recover the cost of administering this section. Such fees shall be paid by the owner or operator making claims under this section." Approved November 18, 1977.

—

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-319 accompanying H.R. 4140 (Comm. on Merchant Marine and Fisheries). SENATE REPORT No. 95-178 (Comm. on Commerce, Science, and Transportation). CONGRESSIONAL RECORD, Vol. 123 (1977): May 16, H.R. 4140 considered in House. May 24, considered and passed Senate. Oct. 18, considered and passed House, amended, in lieu of H.R. 4140. Nov. 3, Senate agreed to House amendments with an amendment; House agreed to Senate amendment.

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 PUBLIC LAW 95-195—NOV. 18, 1977

91 STAT. 1415

Public Law 95-195 95th Congress An Act To restore the Confederated Tribes of Siletz Indians of Oregon as a federally recognized sovereign Indian tribe, to restore to the Confederated Tribes of Siletz Indians of Oregon and its members those Federal services and benefits furnished to federally recognized American Indian tribes and their members, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Siletz Indian Tribe Restoration Act". SEC. 2. For the purposes of this Act— (1) the term "tribe" means the Confederated Tribes of Siletz Indians of Oregon; (2) the term "Secretary" means the Secretary of the Interior or his authorized representative; (3) the term "Interim Council" means the council elected pursuant to section 5; (4) the term "member", when used with respect to the tribe, means a person enrolled on the membership roll of the tribe, as provided in section 4 of this Act; and (5) the term "final membership roll" means the final membership; roll of the tribe published on July 20, 1956, on pages 54545462 of volume 21 of the Federal Register. SEC. 3. (a) Federal recognition is hereby extended to the tribe, and the provisions of the Act of June 18, 1934 (48 Stat. 984) as amended, except as inconsistent with specific provisions of this Act, are made applicable to the tribe and the members of the tribe. The tribe and the members of the tribe shall be eligible for all Federal services and benefits furnished to federally recognized Indian tribes. Notwithstanding any provision to the contrary in any law establishing such services or benefits, eligibility of the tribe and its members for such Federal services and benefits shall become effective upon enactment of this Act without regard to the existence of a reservation for the tribe or the residence of members of the tribe on a reservation. (b) Except as provided in subsection (c), all rights and privileges of the tribe and of members of the tribe under any Federal treaty, Executive order, agreement, or statute, or under any other authority, which were diminished or lost under the Act of August 13, 1954 (68 Stat. 724), are hereby restored, and such Act shall be inapplicable to the tribe and to members of the tribe after the date of enactment of this Act. (c) This Act shall not grant or restore any hunting, fishing, or trapping right of any nature, including any indirect or procedural right or advantage, to the tribe or any member of the tribe, nor shall it be construed as granting, establishing, or restoring a reservation for the tribe. (d) Except as specifically provided in this Act, nothing in this Act shall alter any property right or obligation, any contractual right or obligation, or any obligation for taxes already levied.

Nov. 18. 1977 [S. 15601

Siletz Indian Tribe Restoration Act 25 USC 711 note. Definitions. 25 USC 711.

Federal recognition. 25 USC 711a. 25 USC 461. Federal services and benefits, eligibility. Effective date.

Rights and privileges, restoration. 25 USC 691.

Hunting, fishing, or trapping rights and tribal reservation, nonrestoration.

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Page:United States Statutes at Large Volume 91.djvu/1450

 91 STAT. 1416 Open membership roll.

25 USC 711b.

Verification oaths, determination.

Appeal and determination.

Records, files, and materials, delivery to tribe.

Franchisement.

Interim Council members, nomination and election. 25 USC 711c.

Meeting, notice.

Write-in votes. Approval.

PUBLIC LAW 95-195—NOV. 18, 1977 SEC. 4. (a) The final membership roll is declared open. The Secretary, the Interim Council, and tribal officials under the tribal constitution and bylaws shall take such measures as will insure the continuing accuracy of the membership roll. (b)(1) Until after the initial election of tribal officers under the tribal constitution and bylaws, a person shall be a member of the tribe and his name shall be placed on the membership roll if he is living and (A) his name is listed on the final membership roll; (B) he was entitled on August 13, 1954, to be on the final membership roll but his name was not listed on that roll; or (C) he is a descendant of a person specified in subparagraph (A) or (B) and possesses at least one-fourth degree of blood of members of the tribe or their Siletz Indian ancestors. (2) After the initial election of tribal officials under the tribal constitution and bylaws, the provisions of the tribal constitution and bylaws shall govern membership in the tribe. (c)(1) Before election of the Interim Council, verification of descendancy, age, and blood shall be made upon oath before the Secretary and his determination thereon shall be final. (2) After election of the Interim Council and before the initial election of the tribal officials, verification of descendancy, age, and blood shall be made upon oath before the Interim Council, or its authorized representative. A member of the tribe, with respect to the inclusion of any name, and any person, with respect to t i e exclusion of his name, may appeal to the Secretary, who shall make a final determination of each such appeal within ninety days after an appeal has been filed with him. The determination of the Secretary with respect to an appeal under this paragraph shall be final. (3) After the initial election of tribal officials, the provisions of the tril3al constitution and bylaws shall govern the verification of any requirements for membership in the tiibe, and the Secretary and the Interim Council shall deliver their records and files, and any'other material relating to enrollment matters, to the tribal governing body. (d) For purposes of sections 5 and 6, a member who is eighteen years of age or older is entitled and eligible to be given notice of, attend, participate in, and vote at, general council meetings and to nominate candidates for, to run for any office in, and to vote in, elections of members to the Interim Council and to other tribal councils. SEC. 5. (a) Within forty-five days after the date of the enactment of this Act, the Secretary shall announce the date of a general council meeting of the tribe to nominate candidates for election to the Interim Council. Such general council meeting shall be held within sixty days after the date of the enactment of this Act. Within forty-five days after such general council meeting the Secretary shall hold an election by secret ballot, absentee balloting to be permitted, to elect nine members of the tribe to the Interim Council from among the nominees submitted to him from such general council meeting. The Secretary shall assure that notice of the time, place, and purpose of such meeting and election shall be provided to members described in section 4(d) at least fifteen days before such general meeting and election. The ballot shall provide for write-in votes. The Secretary shall approve the Interim Council elected pursuant to this section if he is satisfied that the requirements of this section relating to the nominating and election process have been met. If he is not so satisfied, he shall hold

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Page:United States Statutes at Large Volume 91.djvu/1451

 PUBLIC LAW 95-195—NOV. 18, 1977

91 STAT. 1417

another election under this section, with the general council meeting to nominate candidates for election to the Interim Council to be held within sixty days after such election. (h) The Interim Council shall represent the tribe and its members in the implementation of this Act and shall be the acting tribal governing body until tribal officials are elected pursuant to section 6(c) and shall have no powers other than those given to it in accordance with this Act. The Interim Council shall have full authority and capacity to receive grants from and to make contracts with the Secretary and the Secretary of Health, Education, and Welfare with respect to Federal services and benefits for the tribe and its members and to bind the tribal governing body as the successor in interest to the Interim Council for a period extending not more than six months after the date on which the tribal governing body takes office. Except as provided in the preceding sentence, the Interim Council shall have no power or authority after the time when the duly-elected tribal governing body takes office: Provided, That no authority to make payments under this Act shall be effective except to such extent or in such amounts as are provided in advance in appropriation Acts. (c) Within thirty days after receiving notice of a vacancy on the Interim Council, the Interim Council shall hold a general council meeting for the purpose of electing a person to fill such vacancy. The Interim Council shall provide notice of the time, place, and purpose of such meeting and election to members described in section 4(d) at least ten days before such general meeting and election. The person nominated to fill such vacancy at the general council meeting who received the highest number of votes in the election shall fill such vacancy. SEC. 6. (a) Upon the written request of the Interim Council, the Secretary shall conduct an election by secret ballot, pursuant to the provisions of section 16 of the Act of June 18, 1934 (48 Stat. 987), for the purpose of adopting a constitution and bylaws for the tribes. The election shall be held within sixty days after the Secretary has— (1) reviewed and updated the final membership roll for accuracy, in accordance with sections 4(a), 4(b)(1),and4(c)(1), (2) made a final determination of all appeals filed under section 4(c)(2), and (3) published in the Federal Register a certification copy of the membership roll of the tribe. (b) The Interim Council shall draft and distribute to each member described in section 4(d), no later than thirty days before the election under subsection (a), a copy of the proposed constitution and bylaws of the tribe, as drafted by the Interim Council, along with a brief, impartial description of the proposed constitution and bylaws. The members of the Interim Council may freely consult with members of the tribe concerning the text and description of the constitution and bylaws, except that such consultation may not be carried on within fifty feet of the polling places on the date of the election, (c) In any election held pursuant to subsection (a), the vote of a majority of those actually voting shall be necessary and sufficient for the adoption of a tribal constitution and bylaws. (d) Not later than one hundred and twenty days after the tribe adopts a constitution and bylaws, the Interim Council shall conduct an election by secret ballot for the purpose of electing the individuals who will serve as tribal officials as provided in the tribal constitution and

Interim Council. Functions.

Services and benefits, grantii and contracts.

Council vacancies. Election, notice.

Constitution and bylaws, adoption. Secret ballot, request. 25 USC 71 Id. 25 USC 476. Roll, review.

Certified copy, publication in Federal Register. Copies and description, distribution. Consultation.

Tribal officials, election by secret ballot.

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Page:United States Statutes at Large Volume 91.djvu/1452

 91 STAT. 1418

Reservation, establishment. 25 USC 711e. Plan, negotiation with tribe and approval. Submittal to

Notification and consultation.

Plan provisions. Real property in trust.

PUBLIC LAW 95-195—NOV. 18, 1977 bylaws. For the purpose of this election and notwithstanding any provision in the tribal constitution and bylaws to the contrary, absentee balloting shall be permitted. SEC. 7. (a) Any reservation for the tribe shall be established by an Act of Congress enacted after the enactment of this Act. (b) Inasmuch as the reservation of the tribe has been terminated, the Secretary shall negotiate with the tribe, or with representatives of the tribe chosen by the tribe, concerning the establishment of a reservation for the tribe and shall, in accordance with subsections (c) and (d) and within two years after the date of enactment of this Act, develop a plan for the establishment of a reservation for the tribe. Upon approval of such plan by the tribal officials elected under the tribal constitution and bylaws adopted pursuant to section 6, the Secretary shall submit such plan, in the form of proposed legislation, to the Congress. (c) To assure that legitimate State and local interests are not prejudiced by the creation of a reservation for the tribe, the Secretary, in developing a plan under subsection (b) for the establishment of a reservation, shall notify and consult with all appropriate officials of the Stat« of Oregon, all appropriate local governmental officials in the State of Oregon and any other interested parties. Such consultation shall include the following subjects: (1) the size and location of the reservation; (2) the effect the establishment of the reservation would have on State and local tax revenues; (3) the criminal and civil jurisdiction of the State of Oregon with respect to the reservation and persons on the reservation; (4) hunting, fishing, and trapping rights of the tribe and members of the tribe, on the reservation; (5) the provision of State and local services to the reservation and to the tribe and members of the tribe on the reservation; and (6) the provision of Federal services to the reservation and to the tribe and members of the tribe and the provision of services by the tribe to members of the tribe. (d) Any plan developed under this section for the establishment of a reservation for the tribe shall provide that— (1) any real property transferred by the tribe or members of the tribe to the Secretary shall be taken in the name of the United States in trust for the benefit of the tribe and shall be the reservation for the tribe; (2) the establishment of such a reservation will not grant or restore to the tribe or any member of the tribe any hunting, fishing, or trapping right of any nature, including any indirect or procedural right or advantage, on such reservation; (3) the Secretary shall not accept any real property in trust for the benefit of the tribe or its members unless such real property is located within Lincoln County, State of Oregon; (4) any real property taken in trust by the Secretary for the benefit of the tribe or its members shall be subject to all rights existing at the time such property is taken in trust, including liens, outstanding Federal, State, and local taxes, mortgages, outstanding indebtedness of any kind, easements, and all other obligations, and shall be subject to foreclosure and sale in accordance with the laws of the State of Oregon;

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 PUBLIC LAW 95-195—NOV. 18, 1977 (5) the transfer of any real property to the Secretary in trust for the benefit of the tribe or its members shall be exempt from all Federal, State, and local taxation, and all such real property shall, as of the date of such transfer, be exempt from Federal, State, and local taxation; and (6) the State of Oregon shall have civil and criminal jurisdiction with respect to the reservation and persons on the reservation in accordance with section 1360 of title 28, United States Code, and section 1162 of title 18, United States Code. (e) The Secretary shall append to the plan a detailed statement describing the manner in which the notification and consultation prescribed by subsection (c) was carried out and shall include any written comments with respect to the establishment of a reservation for the tribe submitted to the Secretary by State and local officials and other interested parties in the course of such consultation. SEC. 8. The Secretary may make such rules and regulations as are necessary to carry out the purposes of this Act.

Approved November 18, 1977.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-623 accompanying H.R. 7259 (Comm. on Interior and Insular Affairs). SENATE REPORT No. 95-386 (Comm. on Indian Affairs). CONGRESSIONAL RECORD, Vol. 123 (1977): Aug. 5, considered and passed Senate. Nov. 1, considered and passed House, amended, in lieu of H.R. 7259. Nov. 3, Senate concurred in House amendment.

91 STAT. 1419 Taxation, exemption,

Statement, appendage to pla°-

Rules and regulations.

25 USC 711f.

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 91 STAT. 1420

PUBLIC LAW 95-196—NOV. 19, 1977

Public Law 95-196 95th Congress An Act Nov. 19, 1977 [H.R. 2770]

U.S. courts of appeals, judges, accommodations.

To amend section 142 of title 28, United States Code, relating to the furnishing of accommodations to judges of the courts of appeals of the United States.

Be it enacted by the Setmte aind House of Representatives of the United States of America in Congress ossemMed^ That section 142 of title 28, United States Code, is amended by adding the following sentence at the end thereof: "The limitations and restrictions contained in this section shall not be applicable to the furnishing of accommodations to judges of the courts of appeals at places where Federal facilities are available and the judicial council of the circuit approves.". Approved November 19, 1977.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-748 (Comm. on the Judiciary). SENATE REPORT No. 95-579 (Comm. on the Judiciary). CONGRESSIONAL RECORD, Vol. 123 (1977): Oct. 31, considered and passed House. Nov. 4, considered and passed Senate.

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 PUBLIC LAW 95-197—NOV. 21, 1977

91 STAT. 1421

Public Law 95- 197 95th Congress Joint Resolution To express the sense of the Congress that, in the light of history, the third Thursday in December 1977, would be a most appropriate day for designation as the "National Day of Prayer for the Year of 1977", and respectfully to request that the President, under the provisions of Public Law 82-324, issue a proclamation designating such date as a "National Day of Prayer for the Year 1977".

Whereas the President is authorized under a provision of Federal law to proclaim a National Day of Thanksgiving on the fourth Thursday of November (Public Law 77-379), and Whereas the President is authorized under a provision of Federal law to proclaim a National Day of Prayer on a day other than a Sunday (Public Law 82-324), and Whereas the third Thursday of December in "the year 1977 marks the two hundredth anniversary of the first proclaimed Day of Thanksgiving by the Continental Congress, and Whereas such a proclamation on this date has the support of the leaders and presidents of twelve national religious bodies in the United States, and Whereas such date is already historic, patriotic, and sacred in the life of our country: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That it is the sense of the Congress that, in the light of history, December 15, 1977 (such date being the third Thursday in December 1977) would be a most appropriate day for designation as the "National Day of Prayer for the Year 1977", and the President is hereby respectfully requested, under Public Law 82-324, to issue a proclamation designating such date as a "National Day of Prayer for the Year 1977", and calling upon the people of the United States and interested groups and organizations to observe that day with appropriate ceremonies and activities. Approved November 21, 1977.

LEGISLATIVE HISTORY: CONGRESSIONAL RECORD, Vol. 123 (1977): Sept. 22, considered and passed Senate. Nov. 4, considered and passed House.

Nov. 21, 1977 [S.J. Res. 81]

5 USC 6103.

36 USC 169h.

National Day of Prayer for the Year 1977. Designation authorization.

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 91 STAT. 1422

PUBLIC LAW 95-198—NOV. 23, 1977

Public Law 95-198 95th Congress An Act Nov. 23. 1977 [H.R. 422]

To amend the Tariff Schedules of the United States to provide duty-free treatment of any aircraft engine used as a temporary replacement for an aircraft engine being overhauled within the United States if duty was paid on such replacement engine during a previous importation.

Aircraft engines, duty-free treatment.

Be it eimcted by the Senate and House of Representatives of the United States of America in Congress assembled, That subpart A of part 1 of schedule 8 of the Tariff Schedules of the United States (19 U.S.C. 1202) is amended by inserting immediately after item 801.10 the following new item: 801.20 Any aircraft engine or propeller, or any part or accessory of either, previously imported, with respect to which the duty was paid upon such previous importation, if (1) reimported without having been advanced in value or improved in condition by any process of manufacture or other means while abroad, after having been exported under loan, lease, or rent to an aircraft owner or operator as a temporary replacement for an aircraft engine being overhauled, repaired, rebuilt, or reconditioned in the United States, and (2) reimported by or for the account of the person who exported it from the United States Free

Effective date. 19 USC 1202 note.

Free

SEC. 2. The amendment made by the first section of this Act shall apply with respect to articles entered, or withdrawn from warehouse, for consumption on or after the date of the enactment of this Act. Approved November 23, 1977.

LEGISLATIVE HISTORY: HOUSE R E P O R T No. 9 5 - 7 7 (Coram, on Ways and Means). SENATE R E P O R T No. 9 5 - 4 2 5 (Comm. on Finance). CONGRESSIONAL RECORD, Vol. 1 2 3 (1977): Mar. 2 1, considered and passed House. Sept. 16, considered and passed Senate, araended. Oct. 2 5, House disagreed to Senate amendments. Nov. 4, Senate receded from its araendraents.

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Page:United States Statutes at Large Volume 91.djvu/1457

 PUBLIC LAW 95-199—NOV. 23, 1977

Public Law 95-199 95th Congress

9 1 STAT. 1423

An Act To amend the Regional Rail Reorganization Act of 1973 to authorize additional appropriations for the United States Railway Association, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 214(c) of the Regional Rail Reorganization Act of 1973 (45 U.S.C. 724(c)) is amended to read as follows: " (c) ASSOCIATION.—For the fiscal year ending September 30, 1978, there are authorized to be appropriated to the Association for purposes of carrying o u t its administrative expenses under this Act such sums as are necessary, not to exceed $23,000,000. Sums appropriated under this subsection are authorized to remain available u n t i l September 30, 1979.". SEC. 2. Section 202(e) of the Regional Rail Reorganization Act of 1973 (45 U.S.C. 712(e)) is amended—

Nov. 23, 1977 [H.R. 4049]

Regional Rail Reorganization Act of 1973, amendment. Appropriation authorization.

(1) by striking out " A N N U A L R E P O R T. — The " and inserting in

lieu thereof " R E P O R T S. — The "; (2) by redesignating clauses (1) through (7) thereof as clauses (A) through (G), respectively; and (3) by adding a t the end thereof the following new paragraph: " (2) For the fiscal year beginning October 1, 1977, and ending September 30, 1978, the Association shall transmit to the Congress and the President, not later than 30 days after the end of each quarter of such fiscal year, a comprehensive and detailed report on all expenditures and use of funds during the preceding fiscal quarter, including an iissessment of the status of projects for such preceding fiscal quarter and a projection of activities proposed for the next fiscal quarter.". SEC. 3. Section 209 of the Regional Rail Reorganization Act of 1973 (45 U.S.C. 719) is amended by adding a t the end thereof the following new subsection:

Report to Congress and the President.

Special masters, appointment.

" (h) SPECIAL MASTERS.— (1) The special court may a p p o i n t and fix

the compensation and assign the duties of such special masters as it considers necessary or appropriate to conduct hearings, receive evidence and report thereon to the special court, and perform such other acts as the special court may require. The special court may employ such special masters by contract or otherwise, without regard to section 3709 of the Revised Statutes of the United States (41 U.S.C. 5) or part III of title 5 of the United States Code, on such terms and conditions as it may determine. Such special masters shall not be deemed to be employees of the Federal Government or any department, agency, or instrumentality thereof. The special court may also appoint employees in such number as may be approved by the Director of the Administrative Office of the United States Courts, and may procure such administrative services as may be necessary for it o r the special masters to complete their assignments expeditiously. " (2) There a r e authorized to be appropriated such sums as are necessary to carry out the purposes of this subsection. Sums appropriated under this subsection a r e authorized to remain available until expended.".

29-194

0 - 8 0 - 9 2

Contract, advertisement, exception. 5 USC 2101 et seq.

Appropriation authorization.

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 91 STAT. 1424

45 USC 746.

PUBLIC LAW 95-199—NOV. 23, 1977 SEC. 4. Section 303(d) of the Regional Rail Reorganization Act of 1973 (45 U.S.C. 743(d)) is amended by striking out "entered pursuant to subsection (c) of this section" and inserting in lieu thereof "entered by the special court pursuant to subsection (c) of this section or section 306 of this title". Approved November 23, 1977.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-215 (Comm. on Interstate and Foreign Commerce). SENATE REPORT No. 95-198 accompanying S. 922 (Comm. on Commerce, Science, and Transportation). CONGRESSIONAL RECORD, Vol. 123 (1977): May 3, considered and passed House. May 23, considered and passed Senate, amended, in lieu of S. 922. Nov. 3, House agreed to Senate amendments with an amendment. Nov. 4, Senate concurred in House amendment.

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 91 STAT. 1425

PUBLIC LAW 95-200—NOV. 23, 1977

Public Law 95-200 95th Congress An Act To provide improved authority for the administration of certain National Forest System lands in Oregon. Be it etmcted by the Senate atid House of Representatives United States of America in Congress assembled,

of the

PREAMBLE

The Congress finds that an area of land in the State of Oregon known variously as the Bull R u n National Forest and the Bull R u n Forest Reserve is presently the source of the sole domestic water supply for the city of P o r t l and, Oregon (hereinafter called the "city") and other local governmental units and persons in the P o r t l and metropolitan area, reserved for the city by a Presidential proclamation issued in 1892 and furnishing an extremely valuable resource of pure clear raw potable water, the continued production of which should be the principal management objective in the area hereinafter referred to as "the u n i t "; that the said area is now managed under terms of a Federal court decree issued pursuant to t u r n of the century law which does not appropriately address present and future needs and opportunities for the protection, management, and utilization of the resources contained therein.

Nov. 23, 1977 [H.R. 7074] National Forest System Lands, Oreg. Water resource management. 16 USC 482b note.

DESIGNATION OF U N I T

SECTION 1. There is hereby established, subject to valid existing Bull Run rights, a special resources management; unit within the Mount Hood Watershed National Forest, State of Oregon, comprising approximately 95,382 Management acres as depicted on a m a p dated April 1977, and entitled "Bull R u n Unit, Mount Hood National Watershed Management Unit, Mount Hood National Forest", which Forest. is on file and available for public inspection in the offices of the Chief, Map, availability. and the Regional Forester—Pacific Northwest Region, Forest Serv- 16 USC 482b ice, Department of Agriculture, minor adjustments in the boundaries note. of which may be made from time to time by the Secretary of Agriculture (hereinafter the "Secretary") after consultation with the city and a p p i o p r i a t e public notice and hearings. •

'^'^

• • '••

MANAGEMENT

SEC. 2. (a) The unit and the renewable resources therein, shall be 16 USC 482b administered as a watershed by the Secretary of Agriculture in note. accordance with the laws, rules, and regulations applicable to National Forest System lands except to the extent that any management plan or practice is found by the Secretary to have a significant adverse effect on compliance with the water quality standards referred to in section 2(b) hereof or on the quantity of the water produced thereon for the use of the city, and other local government units and persons using such water under agreements with the city (and the Secretary shall take into consideration the cumulative effect of individually insignificant degradations), in which case, and notwithstanding any other provision of law, the management plan and all relevant leases,

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Page:United States Statutes at Large Volume 91.djvu/1460

 91 STAT. 1426

Land management plans.

Public participation.

Completion date. Data, annual comparison.

Planned management programs, review.

Cooperative agreements. Arbitration board, establishment.

PUBLIC LAW 95-200—NOV. 23, 1977 permits, contracts, rights-of-way, or other rights or authorizations issued pursuant thereto shall forthwith be altered by the Secretary to eliminate such adverse effect by application of different techniques or prohibitions of one or more such practices or uses: Provided, however, That use of such water for the production of energy and the transmission of such energy through and over the unit are deemed consistent with the purposes of this Act and the rights-of-way heretofore granted to Bonneville Power Administration by the Forest Service through and over the unit are validated and confirmed and deemed consistent with the purposes of this Act. (b) The policy set forth in subsection (a) shall be attained through the development, maintenance, and periodic revision of land management plans in accordance with procedures set forth in section 5 of the Forest and Rangeland Renewable Resources Planning Act of 1974 (88 Stat. 477, as amended; 16 U.S.C. 1604), through the maintenance of systems for monitoring and evaluating water quality, and through supporting scientific research as the Secretary may deem necessary after consultation and in coordination with the city. In the development and revision of land management plans for the unit, the Secretary, except as otherwise provided in section 2(a) hereof, shall provide for public participation and shall consult and coordinate with appropriate officials and advisors of the city, and shall consider such data and research as the city may collect through its own monitoring systems and scientific efforts, if any. Such plans shall be prepared by an interdisciplinary team; be embodied in appropriate written material, including maps and other descriptive documents; shall contain water quality standards developed by the Secretary after consultation and in cooperation with the city, which standards shall be substantially based on and shall reflect a quality of water not significantly less than the quality reflected by percentile curves developed from data collected from 1967 through 1975 and, if none, from data collected in the first three years of record thereafter; and be available to the public at convenient locations. The initial plan or plans shall be completed as soon as practicable after the enactment of this Act, but not later than September 30, 1979. Current data shall be compared to historical data at least annually for the purpose of determining compliance with the standards and the significance of any deviation therefrom. Deviations occurring from operation, maintenance, alteration, or construction of water storage, or electrical generation and transmission facilities, seasonal fluctuations, variations in climate, and other natural phenomena, fire, or acts of God, shall not be considered in determining the historical or current percentile curves. (c) The Secretary or his representative shall, upon request, and at least annually, meet with appropriate officials of the city for the purpose of reviewing planned management programs and the impact thereof on the quality and quantity of the water produced on the unit and assuring that their respective management and operational activities within the unit are appropriately coordinated. The Secretary shall negotiate in good faith cooperative agreements with appropriate officials of the city to effectuate activity coordination. (d) In the event there is disagreement between the city and the Secretary with respect to the development or revision of the water quality standards provided for herein, or with respect to the effect or the significance of such effect of one or more proposed or existing programs, practices, uses, regulations, or boundary adjustments (except as otherwise specifically provided for herein), on the quantity of the water produced on said unit, or on compliance with the water

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 PUBLIC LAW 95-200—NOV. 23, 1977 quality standards referred to in section 2(a) and (b) hereof and, therefore, with respect to the necessity for an alteration or prohibition of any such proffram, practice, use, regulation, or boundary adjustment as required in section 2(a) hereof, an arbitration board for resolving such disagreements shall be established. The Secretary and the city shall, each, forthwith appoint one member to such board and those two members shall select a third. In the event agreement cannot be reached on the third member within seven days after the appointment of the first two, the third member shall be appointed by the presiding judge of the United States District Court for the District of Oregon within seven days after being notified of such disagreement by either of the first two members. All of said members shall be qualified to make a scientific determination of the facts. The contentions of the city and the Secretary shall be submitted to the board in the form of written contentions of fact together with the evidence and analysis that tends to support the position being presented. The board shall forthwith consider and decide, on a scientific basis, the issues in disagreement by majority vote, taking into consideration the evidence and data presented by the parties and such other tests and data which the board by majority vote may require. The decision of such board shall be in the form of written findings of fact and conclusions based thereon and shall be final and binding on the parties. The Secretary and the city shall compensate their designees and share equally the compensation of the third member, and shall provide such technical and administrative support as required. (e) The Secretary is authorized, after consultation with the city, to promulgate regulations for controlling entry into the unit by all persons including but not limited to— (1) employees or contractors of the city engaged in the inspection, maintenance, construction, or improvement of the city's facilities; (2)(i) Federal, State, and local government officers and (ii) employees thereof acting in an official capacity; (3) Federal, State, and local government permittees and contractors conducting authorized activities; (4) members of advisory groups formed pursuant to this Act or ordinances of the city in the performance of their official duties: Provided, That no regulation promulgated pursuant to this subsection shall prohibit ingress or egress to non-Federal lands or to authorized occupancies on, or uses of. Federal lands: Provided further, That the Secretary may independently and directly prohibit or restrict all entry into the unit during fire or other emergencies as he may determine.

91 STAT. 1427

Members, appointment.

Qualifications.

Decisions. Compensation and administrative support. Regulations.

Emergencies.

EFFECT ON OTHER LAWS

SEC. 3. (a) Nothing in this Act shall terminate or affect any lease, permit, contract, patent, right-of-way, or other land use right or authorization existing on the date of approval of this Act and otherwise valid except for the provisions of section 1862 of title 18 of the United States Code. (b) Nothing in this Act shall in any way affect any law governing appropriation or use of, or Federal right to, water on National Forest System lands; or as expanding or diminishing Federal, State, or local jurisdiction, responsibility, interests, or rights in water resources development or control. ,

Savings provision. 16 USC 482b note.

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Page:United States Statutes at Large Volume 91.djvu/1462

 91 STAT. 1428 Repeal. Preemption of State and local laws. Challenges.

PUBLIC LAW 95-200—NOV. 23, 1977 (c) Section 1862 of title 18 of the United States Code is hereby repealed. (d) Except as otherwise provided for herein, this Act shall take precedence over and supersede all State and local laws dealing with or affecting the subject matter of this Act. (e) Challenge to actions taken by any governmental unit or official under the provisions of this Act shall not be sustained by any court except upon a showing or arbitrary, unreasonable, capricious, or illegal action or an absence of substantial good faith compliance with the procedural provisions hereof substantially prejudicing the rights of an interested party. Approved November 23, 1977.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-622 CONGRESSIONAL RECORD, Nov. 2, considered and Nov. 4, considered and

(Coram, on Interior and Insular Affairs). Vol. 123 (1977): passed House. passed Senate.

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Page:United States Statutes at Large Volume 91.djvu/1463

 PUBLIC LAW 95-201—NOV. 23, 1977

91 STAT. 1429

Public Law 95-201 95th Congress An Act To amend the Veterans' Administration Physician and Dentist Pay Comparability Act of 1975, as amended, in order to extend the authority to enter into special-pay agreements with physicians and dentists; to amend title 38 of the United States Code to modify certain provisions relating to special-pay agreements; and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Veterans' Administration Physician and Dentist P a y Comparability Amendments of 1977". SEC. 2. Section 6(a)(2) of the Veterans* Administration Physician and Dentist P a y Comparability Act of 1975 (Public Law 94-123; 89 Stat. 069), as amended, is amended by striking out "September 30, 1977" and inserting in lieu thereof "September 30, 1978". SEC. 3. (a) Section 4118 of title 38, United States Code, is amended by— (1) amending subsection (a)(1) by— (A) striking out " h e " and inserting in lieu thereof "the Administrator"; (B) striking out "of," after "duration" and inserting in lieu thereof a comma and "of"; and (C) striking out "number of years" after "specified" and inserting in lieu thereof "period"; (2) striking out in subsection (a)(3) "pursuant to " and inserting in lieu thereof "in accordance with", and inserting at the end thereof the following new sentence: "Not later than one year after making any such recruitment and retention determination and each year thereafter, the Chief Medical Director shall make a redetermination in accordance with such regulations, and, in the event any such determination was made more than one year prior to the date of enactment of this sentence, the Chief Medical Director shall make such redetermination not later than ninety days after such enactment date."; (3) inserting at the end of subsection (e)(1) the following new sentences: "Any physician or dentist who entered into an agreement under this section and has not failed to refund any amount which such physician or dentist became obligated to refund under any such agreement shall be eligible to enter into a subsequent agreement under this section. Notwithstanding the provisions of the preceding two sentences, no agreement entered into under this section shall extend beyond September 30, 1981, and any agreement entered into under this section after September 30, 1980, may be for a period of less than one year if the expiration date thereof is September 30, 1981."; and (4) amending subsection (e)(2)(A) by— (A) inserting a comma and "or such lesser period of service as provided for in the final sentence of paragraph (1) of this subsection." after "service"; and (B) striking out "the Chief Medical Director, pursuant to the regulations prescribed under this section, determines" and inserting in lieu thereof "the Chief Medical Director

Nov. 23, 1977 [H.R. 8175]

Veterans' Administration Physician and Dentist Pay Comparability Amendments of 1977. 38 USC 101 note. 38 USC 4118 note.

Redetermination.

Eligibility.

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Page:United States Statutes at Large Volume 91.djvu/1464

 91 STAT. 1430

PUBLIC LAW 95-201—NOV. 23, 1977

determines, in accordance with regulations prescribed under subsection (a) of this section,". Special-pay (b) P r i o r to the execution after April 30, 1978, of any written agreements, agreement entered into with a physician or dentist under section 4118 ree valuation. of title 38, United States Code (as amended by subsection (a) of Report to this section), (1) the Chief Medical Director of the Veterans' Congress. Administration shall reevaluate, in view of the executive level pay 38 USC 4118 increase made pursuant to section 225 of the Federal Salary Act of note. 1967, effective February 27, 1977, with respect to the Veterans' Ante, p. 1429. 2 USC 351 et seq. Administration, the need for special-pay agreements, as authorized in such section 4118, in order to recruit and retain highly qualified physicians or dentists in each category of positions in the Department of Medicine and Surgery, and report to Congress not later than April 30, 1978, on the results of such reevaluation with respect to each such category; and (2) notwithstanding such section 4118, the Administrator of Veterans' Affairs, upon the recommendation of the Chief Medical Director and based upon such reevaluations, may promulgate a regulation reducing the amount of p r i m a r y special pay for any such category to the extent the Administrator finds such primary special pay is not necessary to recruit and retain highly qualified physicians or dentists in such category. If a determination Publication in Federal Register. is made to reduce the amount of such primary special pay for any such category, the regulation promulgating the reduction shall be published in the Federal Register not less than t h i r t y days prior to its effective date. 38 USC 4118 (c) The Administrator, not later than t h i r t y days after the date of note. enactment of this Act, may enter into, under section 4118 of title 38, United States Code (as amended by subsection (a) of this section), with any otherwise eligible physician or dentist who was appointed to a position in the Department of Medicine and Surgery in the Veterans' Administration during the period beginning on October 1, 1977, and ending on the date of enactment of this Act, a special-pay agreement providing for the payment of special pay to such physician or dentist retroactive to the date such physician or dentist was appointed to such position. English SEC. 4. (a)(1) Section 4105 of title 38. United States Code, is proficiency amended by inserting at the end thereof the following new subsection: requirement. " (c) Notwithstanding any other provision of law, no person may be appointed under section 4104(1) of this title after the effective date of this subsection to serve in the Department of Medicine and Surgery in any direct patient-care capacity unless the Chief Medical Director determines, in accordance with regulations which the Administrator shall prescribe, that such person possesses such basic proficiency in spoken and written English as will permit such degree of communication with patients and other health-care personnel as will enable such person to carry out such person's health-care responsibilities satisfactorily.". (2) Section 4114 of title 38, United States Code, is amended by inserting at the end thereof the following new subsection: " (f) No person may be appointed under this section after the effective date of this subsection to an occupational category described in section 4104(1) of this title or in subsection (b) of this section unless such person meets the requirements established in section 4105(c) of this title and regulations prescribed thereunder.". (3) Notwithstanding any other provision of law, with respect to 38 USC 4105 persons other than those described in subsection (c) of section 4105 note. and subsection (f) of section 4114 of title 38, United States Code (as Supra. added by paragraph s (1) and (2) of this subsection), who are

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Page:United States Statutes at Large Volume 91.djvu/1465

 PUBLIC LAW 95-201—NOV. 23, 1977

91 STAT. 1431

appointed after the date of enactment of this Act in the Department of Medicine and Surgery in the Veterans" Administration in any direct patient-care capacity, and with respect to persons described in such subsections who are appointed after such enactment date and prior to January 1, 1978, the Administrator of Veterans' Affairs, upon the recommendation of the Chief Medical Director, shall take appropriate steps to provide reasonable assurance that such persons possess such basic proficiency in spoken and written English as will permit such degree of communication with patients and other health-care personnel as will enable such persons to carry out their health-care responsibilities satisfactorily. (4) The amendments made by paragraphs (1) and (2) of this Effective date. 38 USC 4105 subsection shall be effective on January 1, 1978. (b) Not later than April 1, 1978, the Administrator of Veterans' note. Report to Affairs shall submit to the Committees on Veterans' Affairs of the congressional House of Representatives and the Senate a report (1) describing activi- committees. ties undertaken and the persons affected in order to carry out sub- 38 USC 4105 section (c) of section 4105 and subsection (f) of section 4114 of title note. 38, United States Code (as added by paragraphs (1) and (2) of sub- Ante, p. 1430. section (a) of this section), and subsections (a)(3) and (c) of this section, and (2) providing— (A) a description of the extent to which there are persons employed by the Veterans' Administration, on or prior to the date of enactment of this Act, in any direct patient-care capacity in the Department of Medicine and Surgery, who do not possess such basic proficiency in spoken and written English as produces the degree of comnmnication with patients and other health-care personnel as is necessary to enable such persons to carry out their health-care responsibilities satisfactorily; (B) data describing the characteristics and categories of positions of any such persons; and (C) if, in the opinion of the Administrator, the description and data being provided pursuant to subclauses (A) and (B) of clause (2) of this subsection indicate that there is a problem with respect to the satisfactory performance of such health-care responsibilities arising from such lack of proficiency, a plan to promote the achievement of such proficiency as will enable the persons involved to carry out their health-care responsibilities satisfactorily as well as to deal with any need which the Administrator believes will exist to promote such proficiency on the part of persons appointed after such enactment date who the Administrator has reason to believe do not, in fact, possess such proficiency, including (i) the cost of implementing such plan in each of the succeeding five fiscal years, and (ii) the time periods in which such proficiency on the part of such persons (broken down by appropriate categories and characteristics) can be expected to be achieved. (c) Section 5001 of title 38, United States Code, is amended by Dual language speaking staff inserting at the end thereof the following new subsection: "(h) When the Administrator determines, in accordance with regu- members, lations which the Administrator shall prescribe, that a Veterans' identification. Administration facility serves a substantial number of veterans with limited English-speaking ability, the Administrator shall establish and implement procedures, upon the recommendation of the Chief Medical Director, to ensure the identification of sufficient numbers of individuals on such facility's staff who are fluent in both the

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Page:United States Statutes at Large Volume 91.djvu/1466

 91 STAT. 1432

Podiatrists and optometrists.

PUBLIC LAW 95-201—NOV. 23, 1977 language most appropriate to such veterans and in Englisli and whose responsibilities shall include providing guidance to such veterans and to appropriate Veterans' Administration staff members with respect to cultural sensitivities and bridging linguistic and cultural differences,". SEC. 5. (a)(1) The salary schedule under the heading "SKCTION 4 1 0 3 SCHEDULE" in section 4107 of title 38, United States Code, is amended by striking out "$36,338 minimum to $46,026 maximum"' after "Director of Podiatric Service,"" and inserting in lieu thereof "$39,629 minimum to $50,197 maximum.". (2) The salary schedule under the heading "CLINICAL PODIATRIST

Effective date.

38 USC 4107 note.

AND OPTOMETRIST SCHEDULE"' in section 4107 of title 38, United States Code, is amended to read as follows: "Chief grade, $33,789 minimuui to $43,923 nuiximum. "Senior grade. $28,725 minimum to $37,347 nuiximum. "Intermediate grade, $24,308 minimmn to $31,598 maximum. "Full grade, $20,442 minimum to $26,571 maximum. "Associate grade, $17,056 minimum to $22,177 maximum.". (3) The amendments made by paragraph s (1) and (2) of this subsection shall be effective retroactive to the period beginning on October 21, 1976, and ending on October 8, 1977. Notwithstanding any other provision of hnv, the Administrator of Veterans' Affairs shall establish retroactively for such period intermediate rates of basic pay between the nunimum and maximum pay ranges prescribed in the salary schedule under the heading "SECTION 4 I O 3 SCHEDULE" for the Director of P o d i a t r i c Service and in the "CLINICAL PODIATRIST

Employment conversion, effective date.

38 USC 4107 note.

AND OPTOMETRIST SCHEDULE" in section 4107 of title 38, United States Code. (b) Notwithstanding any other provision of law, each person employed in the Department of Medicine and Surgery in the Veterans' Administration as a podiatrist or optometrist shall be converted f I'om employment under part III of title 5, United States Code, to full-time employment under section 4104(1), or temporary full-time employment or part-time employment under section 4114(a)(1)(A), "of title 38, United States "Code, and each such conversion (including application of the applicable rates of basic pay provided for in the amendments made by subsection (a) of this section) shall be effective retroactive to October 21, 1976, or the most recent date of appointment in the Department of Medicine and Surgery of the employee concerned under such part III, whichever is the later. Approved November 23, 1977.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-585 (Comm. on Veterans'Affairs). CONGRESSIONAL RECORD, Vol 123 (1977): Sept. 12, considered and passed House. Nov. 3, considered in Senate. Nov. 4, considered and passed Senate, amended; House concurred in Senate amendments.

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Page:United States Statutes at Large Volume 91.djvu/1467

 9 1 STAT. 1433

PUBLIC LAW 95-202—NOV. 23, 1977

Public Law 95-202 95th Congress

An Act

To amend title 38, United States Code, to increase the rates of vocational rehabilitation, educational assistance, and special training allowance paid to eligible veterans and persons, to make improvements in the educational assistance programs, and for other purposes.

Nov. 23, 1977 [H.R. 8701] '

Be it enacted by the Seimte and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the " G I Bill Improvement Act of 1977".

GI Bill ^'?P^°JL^™^'** ^'*

TITLE I - G I B I L L RATE INCREASES

^^ ^^^ ^^^ °*'*'"

VOCATION'AL REHABILITATION

SEC. 101. The table contained in section 1504(b) of title 38, United States Code, is amended to read as follows:

"Column I

Column Column Column II III IV

Type of training

Institutional: Full-time. Three-quartertime Half-time _ Farm cooperative, apprentice, or other on-job training: Full-time

No dependents

One de- Two dependpendent ents

Column V

More than two dependents

The amount in column IV, plus the following for each dependent in excess of t w o: $241

$298

$351

$26

181 120

224 149

263 176

19 13

210

254

293

19".

VETERANS

EDUCATIONAL ASSISTANCE

SEC. 102. Chapter 34 of title 38, United States Code, is amended by— (1) striking out in the last sentence of section 1677(b) "$270" and inserting in lieu thereof "$288";

Flight training. 38 USC 1677.

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Page:United States Statutes at Large Volume 91.djvu/1468

 91 STAT. 1434 Computation. 38 USC 1682.

PUBLIC LAW 95-202—NOV. 23, 1977 (2) amending the table contained in paragraph (1) of section 1682(a) to read as follows: "Column I

Column II

Column Column III IV

Column V

Type of Program

No dependents

One de- Two dependpendents ent

More than two dependents

•:

Institutional: Full-time _ Three-quartertime Half-time Cooperative

€ '

The amount in column IV, plus the following for each dependent in excess of two:

•

$311

$370

$422

233 156 251

277 185 294

317 211 334

$26 19 13 19";

(3) striking out in section 1682(b) "$292" and inserting in lieu thereof "$311"; (4) amending the table contained in paragraph (2) of section 1682(c) to read as follows: "Column I

Basis

Full-time Three-quarter-time Half-time

Educationally disadvantaged. 38 USC 1692. 38 USC 1696.

Column II

Column III

No dependents

One de- Two dependpendent ents

$251 188 126

$294 221 147

Column IV

$334 251 167

Column V

More than two dependents

The amount in column IV, plus the following for each dependent in excess of two: $19 15 10";

(5) striking out in section 1692(b) "$65" and "$780" and inserting in lieu thereof "$69" and "$828", respectively; and (6) striking out in section 1696(b) "$292" and inserting in lieu thereof "$311". SURVIVORS' AND DEPENDENTS' EDUCATIONAL ASSISTANCE

38 USC 1732.

SEC. 103. Chapter 35 of title 38, United States Code, is amended by(1) striking out in section 1732(b) "$235" and inserting in lieu thereof "$251": and

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Page:United States Statutes at Large Volume 91.djvu/1469

 PUBLIC LAW 95-202—NOV. 23, 1977

91 STAT. 1435

(2) striking out in section 1742(a) "$292", "$92", "$92", and 38 USC 1742. "$9.76" and inserting in lieu thereof "$311", "$98", "$98", and "$10.40", respectively. CORRESPONDENCE COURSES, ON-JOB TRAINING, AND EDUCATION

LOANS

SEC. 104. Chapter 36 of title 38, United States Code, is amended by— (1) striking out in section 1786(a)(2) "$292" and inserting in 38 USC 1786. lieu thereof "$311"; (2) amending the table contained in paragraph (1) of section 1787 (b) to read as follows: 38 USC 1787. "Column I

Column II No dependents

Periods of training

First 6 months Second 6 monthsThird 6 months. __ Fourth and any succeeding 6-month periods

Column III

One de- Two dependpendent ents

Column IV

$226 169 113

$254 197 141

$277 221 164

56

84

108

Column V

More than two dependents

The amount in column IV, plus the following for each dependent in excess of two: $12 12 12 12";

and (3) striking out in paragraph (3) of section 1798(b) and inserting in lieu thereof "$311". •

38 USC 1798.

VETERAN-STUDENT SERVICES

SEC 105. Subsection (a) of section 1685 of title 38, United States Code, is amended by— (1) striking out in the second sentence "in the amount of $625" and inserting in lieu thereof "in an amount equal to either the amount of the hourly minimum wage in effect under section 6(a) of the Fair Labor Standards Act of 1938 times two hundred and Ante, p. 1245. fifty or $625, whichever is the higher,"; and (2) striking out the third and fourth sentences and inserting in lieu thereof the following: "An agreement may be entered into for the performance of services for periods of less than two hundred and fifty hours. The amount of the work-study allowance to be paid under any such agreement shall be determined by multiplying the number of hours of work performed by the veteran-student under such agreement times either the hourly minimum wage in effect under section 6(a) of the Fair" Labor Standards Act of 1938 during the period the work is to be performed or $2.50, whichever is the higher. A veteran-student shall be paid in advance an amount equal to 40 per centum of the total

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Page:United States Statutes at Large Volume 91.djvu/1470

 91 STAT. 1436

PUBLIC LAW 95-202—NOV. 23, 1977 amount of the work-study allowance agreed to be paid under the agreement in return for the veteran-student's agreement to perform the number of hours of work specified in the agreement.". TITLE II—ACCELERATED PAYMENT AND DELIMITING PERIOD EXTENSION ACCELERATED P A Y M E N T

38 USC 1682A.

Post, p. 1438.

38 USC 1661. Eligibility requirements. Application.

38 USC 1661. Post, p. 1437.

Post, p. 1443.

SEC. 201. (a) Chapter 34 of title 38, United States Code, is amended by inserting after section 1682 the following new section: «§ 1682A. Accelerated payment of educational assistance allowances " (a) The Administrator, in accordance with the provisions of this section and section 1798(f) of this title and regulations which the Administrator shall prescribe under such sections, shall accelerate the payment of educational assistance allowances (hereinafter in this section referred to as 'accelerated payment') to an eligible veteran who makes application and is eligible therefor and proportionally reduce the educational entitlement of such veteran under section 1661 of this title. " (b) A n eligible veteran who makes application for accelerated payment shall be eligible for such payment in connection with each school term for which such veteran applies for such accelerated payment only if— " (1) such veteran was enrolled as a full-time student during such school term; " (2) such veteran was entitled to an educational assistance allowance under section 1661 during such school term; " (3) such veteran has received, after the date of enactment of this section, a loan for such school term pursuant to section 1798 of this title; " (4) the combined amount of tuition and fees of the educational . institution in which such veteran was enrolled was in excess of $700 for such school term; " (5) the educational institution in which such veteran was enrolled has certified to the Administrator that such veteran has satisfactorily completed the program of education and attained the predetermined and identified educational, professional, or vocational objective which such veteran has been pursuing and has on such basis been awarded by such institution the appropriate educational degree, diploma, or certificate signifying such completion and a t t a i n m e n t; " (6) such application was filed with the Administrator within 180 days after the date (A) on which the degree, diploma, or certificate described in clause (5) of this subsection has been awarded to such veteran, or (B) on which the appropriate State or local governmental unit establishes a program described in clause (8) of this subsection, whichever date is the later; " (7) the educational institution in which such veteran was enrolled has certified for such school term that 35 per centum or less (or such other per centum as the Administrator prescribes ,; pursuant to section 1673(d) of this title) of the total number of i s students enrolled in such institution (computed separately for the fi m a i n campus and any branch or extension of such institution pursuant to regulations prescribed by the Administrator under section 1673(d) of this title) were students receiving educational

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Page:United States Statutes at Large Volume 91.djvu/1471

 PUBLIC LAW 95-202—NOV. 23, 1977

91 STAT. 1437

assistance benefits under this chapter or chapter 31, 32, 35, or 38 USC 1501, 36 of this title; and "(8) the State (or local governmental unit with jurisdiction 1601, 1700, 1770. over the geographical area, or both such State and such unit) in State or local which is located the educational institution in which such veteran government was enrolled pays to the Veterans' Administration (for deposit in payment. the Veterans' Administration Education Loan Fund established by section 1799 of this title) on such veteran's behalf an amount 38 USC 1799. not more than the amount of accelerated payment which the Administrator is authorized to make on behalf of such veteran under this section, pursuant to a program established, within five years after the date of enactment of this section, by such State (or unit or both) to match the maximum or a lesser amount of the accelerated payment which the Administrator is authorized to make to any eligible veteran under this section, except that such State (or unit) may limit such program to veterans who are bona fide residents of such State (or unit). "(c) Accelerated payments made under this section by the Admin- Loan principal istrator and matching amounts paid to the Administrator by a State collection. or local governmental unit, as described in subsection (b)(8) of this Deposits, VA section, shall constitute a collection of principal on loans made under Educational Loan Fund. subchapter III of chapter 36 of this title and shall be deposited in the 38 USC 1798. Veterans' Administration Education Loan Fund established by section 1799 of this title. The Administrator shall promptly notify each Notice. veteran on whose behalf such a principal collection and deposit has been made of the amount by which such collection and deposit reduces the principal repayment obligation of such veteran. "(d) In no event may the amount of accelerated payment made by Accelerated the Administrator in connection with any school term exceed (1) an payments, amount equal to the educational assistance allowance to which such limitation. veteran was otherwise entitled under section 1682 of this title for such Ante, p. 1434. school term, (2) an amount equal to 33l^ per centum of the amount by which the expenses of tuition and fees are in excess of $700 for such school term, (3) an amount equal to 331/^ per centum of the amount by which the amount of the outstanding obligation of such veteran under any loan made pursuant to section 1798 of this title Post, p. 1438. is in excess of $700, or (4) the amount which the State (or local governmental unit or both) concerned pays to the Administrator to match the accelerated payment to be made by the Administrator on behalf of such veteran, whichever is the least amount. "School term. "(e) As used in this section, the term 'school term ' means— "(1) in the case of an institution of higher learning operating on a quarter system, three such consecutive quarters; "(2) in the case of an institution of higher learning operating on a semester system, two such consecutive semesters; or "(3) in the case of an educational institution not an institution of higher learning, or, in the case of an institution of higher learning not operating on a quarter or semester system, any time division, approved by the Administrator, of a program of education within which segments of the program are completed.", (b) Chapter 35 of title 38, United States Code, is amended by inserting after section 1737 the following new section: "§1738. Accelerated payment of educational assistance allow- 38 USC 1738. ances "An eligible person shall be entitled to an accelerated payment of educational assistance allowances pursuant to the provisions of section Ante, p. 1436. 1682A of this title.".

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Page:United States Statutes at Large Volume 91.djvu/1472

 91 STAT. 1438 38 USC prec. 1651.

38 USC prec. 1700.

PUBLIC LAW 95-202—NOV. 23, 1977 (c)(1) The table of sections at the beginning of chapter 34 of such title is amended by inserting "1682A, Accelerated payment of educational assistance allowances."

below "1682. Computation of educational assistance allowances.". (2) The table of sections at the beginning of chapter 35 of such title is amended by inserting "1738. Accelerated payment of educational assistance allowances." below "1737. Education loans.".

Notice. Publication in Federal Register. 38 USC 1682A note.

eertain prorated payments, 1978. 38 USC 1682A note.

(d) The Administrator of Veterans' Affairs, not later than 60 days after the date of enactment of this Act, shall notify each appropriate educational institution that accelerated payments (as provided for in subsection (a) of this section) may be available for certain students enrolled at such institutions, specifying the full conditions and procedures governing such payments, and, not later than 90 days after such date of enactment, shall publish in the Federal Register, and notify each State of, the rules and regulations governing the accelerated payment program. (e) Notwithstanding the provisions of section 1682A or section 1738 of title 38, United States Code, as added by subsections (a) and (b) of this section, eligible veterans and eligible persons entitled thereunder shall, in connection with a semester or two consecutive quarters beginning after January 1, 1978, and ending prior to August 1, 1978, be entitled to accelerated payment of educational assistance allowances upon application therefor, but the amounts of such accelerated payment which may be made in connection with any such semester or quarters, the number of months by which such veteran's or person's entitleinent shall be reduced, and any quantifiable eligibility criteria shall be appropriately prorated by the Administrator of Veterans' Affairs. EDUCATION LOAN

Waiver.

Ante, p. 1436.

ELIGIBILITY

SEC. 202. Section 1798 of title 38, United States Code, is amended by(1) striking out in subsection (b)(3) "$1,500" and inserting in lieu thereof "$2,500"; (2) amending subsection (c) by— (A) striking out the semicolon at the end of clause (1) and inserting in lieu thereof a comma and "except that the Administrator may waive the requirements of subclause (B) of this clause, in whole or in part, if the Administrator determines, pursuant to regulations which the Administrator shall prescribe, it to be in the interest of the eligible veteran and the Federal Government; and"; and (B) striking out clause (2) and redesignating clause (3) as clause (2); (3) inserting in subsection (e)(3) a comma and "separately with respect to loans made under this section the repayment of which is accelerated under section 1682A of this title and loans made under this section the repayment of which is not so accelerated" after "institutions": and

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