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LIST OF PROCLAMATIONS

No. 4305 4306 4307 4308 4309 4310 4311 4312 4313

Date National Forest Products Week, 1974 _ -- Jidy 31, 1974... United States Customs 185th Anniversary Year Aug. 5, 1974... National Student Government Day, 1974... __ Aug. 7, 1974._. Columbus Day, 1974 Aug. 20, 1974... Women's Equality Day, 1974 Aug. 22, 1974... National Hispanic Heritage Week, 1974 Sept. 4, 1974.. _ Granting Pardon to Richard Nixon Sept. 8, 1974. _ _ Citizenship Day and Constitution Week, 1974 Sept. 12, 1974... Announcing a Program for the Return of Vietnam Era Draft Evaders and Military Deserters Sept. 16, 1974___ National Employ The Handicapped Week, 1974.. . Sept. 17, 1974.. _ Johnny Horizon '76 Clean Up America Month, 1974 Sept. 19, 1974. __ National School Lunch Week, 1974. Sept. 26, 1974... Modifying Proclamation No. 3279, Relating to Imports of Petroleum and Petroleum Products, Providing for the Long-Term Control of Imports of Petroleum and Petroleum Products Through a System of License Fees and providing for Gradual Reduction of Levels of Imports of Crude Oil, Unfinished Oils, and Finished Products Sept. 27, 1974... National Hunting and Fishing Day, 1974 Sept. 27, 1974. _ _ Enlarging the Boundaries of the Cabrillo National Monument, California Sept. 28, 1974... Fire Prevention Week, 1974 Oct. 2, 1974... Leif Erikson Day, 1974 Oct. 3, 1974... Child Health Day, 1974 Oct. 5, 1974.._ Veterans Day, 1974 Oct. 7, 1974... National Farm-City Week, 1974 Oct. 7, 1974... General Pulaski's Memorial Day, 1974 Oct. 10, 1974.. _ Country Music Month, October 1974 Oct. 12, 1974. _. National Legal Secretaries'Court Observance Week, 1974 Oct. 14, 1974... Drug Abuse Prevention Week, 1974 Oct. 18, 1974... Immunization Action Week, 1974 Oct. 21, 1974... American Education Week, 1974 Oct. 28, 1974... National Parkinson Week, 1974 Oct. 28, 1974... Emergency Medical Services Week, 1974 Nov. 5, 1974.. _ Thanksgiving Day, 1974.. Nov. 11, 1974... Establishment of Tarififs and Quota on Certain Sugars, Sirups and Molasses Nov. 16, 1974... Temporary Quantitative Limitation on the Importation into the United States of Certain Cattle, Beef, Veal, Swine and Pork From Canada , Nov. 16, 1974... Wright Brothers Day, 1974 Nov. 27, 1974... Bill of Rights Day and Human Rights Day and Week . Dec. 3, 1974... National Day of Prayer, 1974 Dec. 5, 1974...

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 PUBLIC LAWS (CONTINUED)

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 88 STAT. ]

PUBLIC LAW 93-448-OCT. 17, 1974

1363

Public Law 93-447 AN ACT

October 17, 1974

To redesignate the Alamogordo Dam and Reservoir, New Mexico, as Sumner Dam and Lake Sumner, respectively.

[s.200i]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Alamo- ^^^^°^^°l%^^''' gordo Dam and Keservoir, New Mexico, referred to in the Act of N. MCX. August 11, 1939 (53 Stat. 1414), are redesignated as Sumner Dam and ^3 USC^^oT^' Lake Sumner, respectively. Any law, regulation, map, document, note. record, or other paper of the United States in which such dam or reservoir is referred to shall be held to refer to such dam as Sumner Dam or such reservoir as Lake Sumner. Approved October 17, 1974. Public Law 93-448 JOINT RESOLUTION

October 17, 1974

Making further continuing appropriations for the fiscal year 1975, and for other [H. J. Res. ii67] purposes.

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) clause (c) of sec- Continuing ap. tion 102 of the joint resolution of June 30, 1974 (Public Law 93-324), ''XeTp°"284 is hereby amended by striking out "September 30, 1974" and inserting in lieu thereof "sine die adjournment of the second session of the Ninety-third Congress". (b) Clause (a) of such section is amended by inserting immediately after "joint resolution" the following: "or, in the case of the United States Information Agency, enactment of authorizations of appropriations for fiscal year 1975 for that Agency". SEC. 2. Section 101(e) of such joint resolution is amended by ^"'«'P-28i. striking out "first quarter" and inserting in lieu thereof "quarterly". SEC. 3. The fourth unnumbered clause of section 101(b) of such joint resolution, relating to foreign assistance and related programs appropriations, is amended by striking out all that follows "as amended" and inserting in lieu thereof ": Provided, That in computing the current rate of operations of military assistance there shall be included the amount of obligations incurred in Department of Defense appropriations during the fiscal year 1974 for military assistance to Laos;". SEC. 4. Such joint resolution is amended by adding at the end thereof, Honduras, Ban•1 » n. "' the following new

,. section:

-^

g l a d e s h, and Cyprus, relief

"SEC. 112. Notwithstanding any other provision of this joint reso- fun^^s. lution or any other Act, the President is authorized to use funds made available for foreign assistance by this joint resolution but not to exceed $15,000,000, to provide, on such terms and conditions as he may determine, relief, rehabilitation, and reconstruction assistance in connection with the damage caused by floods in Honduras and Bangladesh and by civil strife in Cyprus.". SEC. 5. Such joint resolution is amended by addinff at the end thereof s°""^ Vietnam, .1

/ n >

•

,•

" ^

'^

fertilizer purchase,

the following new section: restriction. "SEC. 113. None of the funds made available for foreign assistance by this joint resolution may be used to purchase fertilizer in the United States for export to South Vietnam.". SEC. 6. None of the funds herein made available shall be obligated Turkey, military or expended for military assistance, or for sales of defense articles uon's^.*^"''^' ^""'*^* and services (whether for cash or by credit, guaranty, or any other means) or for the transportation of any military equipment or supplies

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 1364

22 USC 2151 note. 22 USC 2751 note. Suspension.

Effective period.

PUBLIC LAW 93-449-OCT. 18, 1974

[88

STAT.

to Turkey until and unless the President certifies to the Congress that the Government of Turkey is in compliance with the Foreign Assistance Act of 1961, the Foreign Military Sales Act, and any agreement entered into under such Acts, and that substantial progress toward agreement has been made regarding military forces m Cyprus: Provided, That the President is authorized to suspend the provisions of this section and said Acts if he determines that such suspension will further negotiations for a peaceful solution of the Cyprus conflict. Any such suspension shall be effective only until December 10, 1974 and onl^ if, during that time, Turkey shall observe the ceasefire and shall neither increase its forces on Cyprus nor transfer to Cyprus any U.S. supplied implements of war. Approved October 17, 1974. Public Law 93-449

October 18, 1974

[s. 3979]

^ ^

ACT

To increase on an emergency basis the availability of reasonably priced mortgage credit for housing.

Be it enacted by the Senate and House of Representatives Erne rgency Home United States o f America in Congress assembled.

Purcha ase Assistance Act of 1974.

'

i/ SHORT

12 USC 1723e note.

of the

/ TITLE

1. This Act may be cited as the "Emergency Home Purchase Assistance Act of 1974". SECTION

FINDINGS 12 USC 1723e note.

SEC. 2. The Congress finds and declares that— (1) in many parts of the Nation, residential mortgage credit is or is likely soon to become prohibitively expensive or unavailable at any price; (2) the unavailability of mortgage credit severely restricts housing production, causes hardship for those who wish to purchase or sell new and existing housing, and delays the achievement of the national goal of a decent home for every American family; and ^3) there is an urgent need to provide an alternate source of residential mortgage credit on an emergency basis. INTERIM

AUTHORITY

SEC. 3. (a) Title III of the National Housing Act is amended by adding at the end thereof the following new section: ((I N T E R I M 12 USC 1723e.

42 USC 1441a.

Termination.

AUTHORITY TO P U R C H A S E CERTAIN

MORTGAGES

"SEC. 313. (a)(1) Whenever the Secretary finds inflationary conditions and related governmental actions are having a severely disproportionate effect on the housing industry and the resulting reduction in the volume of home construction or acquisition threatens seriously to affect the economy and to delay the orderly achievement of the national housing goals contained in title X VI of the Housing and Urban Development Act of 1968, the Secretary shall direct the Association to begin making commitments to purchase and to purchase mortgages in accordance with the provisions of this section. " (2) The Secretary may direct the Association to terminate its activities under this section whenever he determines that the conditions

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 88 STAT. ]

PUBLIC LAW 93-449-OCT. 18, 1974

which gave rise to his determination under paragraph (1) are no longer present. "(b) Whenever the Secretary issues a directive under subsection (a) (1), the Association shall make commitments to purchase and purchase, and may service, sell (with or without recourse), or otherwise deal in, mortgages (1) which cover more than four-family residences (including cooperatives and condominiums and the individual units therein) and which are insured under the National Housing Act and chapter 37 of title 38 of the United States Code, or (2) which cover oneto four-family residences and which are insured under the National Housing Act or guaranteed under chapter 37 of title 38 of the United States Code or by qualified private insurers as determined by the Association or the outstanding principal balances of which do not exceed 80 per centum of the value of the property securing the mortgages. A mortgage may be purchased under this section only if— " (A) such mortgage was executed to finance the acquisition of a one- to four-family residence which will be the principal residence of the mortgagor or to finance the purchase of a more than fourfamily residence and is subject to a mortgage insured under the National Housing Act; " (B) such mortgage involves an original principal obligation not to exceed $42,000 per family residence or dwelling unit, and except that the original principal obligation may not exceed $55,000 in the case of properties in Alaska, Hawaii, and Guam; " (C) such mortgage involves an interest rate or yield not in excess of that which the Secretary may prescribe, taking into account the cost of funds and administrative costs under this section, the importance of making mortgage credit available on reasonable terms, and current conditions in the mortgage market, but in no event shall such rate exceed a rate equal to the average yield during the month preceding the month in which a commitment to purchase such mortgage was issued on all marketable bonds of the United States maturing in more than six but less than twelve years from the date of such commitment (exclusive of bonds with a coupon rate of less than 6 per centum) plus one-half of 1 per centum, adjusted upward to the nearest one-eighth of 1 per centum and taking into account the need to assure that the funds are available in all States pursuant to any maximum mortgage interest rate permitted under the laws or constitutions of the various States and, notwithstanding any State law or constitution to the contrary, discount points and other charges collected in connection with mortgage transactions under this section and reco^ized by the Association shall not be considered in determining whether the interest rate on any such mortgage exceeds any State usury ceiling. "(c) The Association may issue to the Secretary of the Treasury its obligations in an amount outstanding at any one time sufficient to enable the Association to carry out its functions under this section. Each such obligation shall mature at such time and be redeemable at the option of the Association in such manner as may be determined by the Association, and shall bear interest at a rate determined by the Secretary of the Treasury, taking into consideration the current average yield on outstanding marketable obligations of the United States of comparable maturities during the month preceding the issuance of the obligation of the Association. The Secretary of the Treasury is authorized and directed to purchase any obligations of the Association issued under this section, and for such purposes the Secretary of the Treasury is authorized to use as a public debt transaction the proceeds from the sale of any securities issued under the Second Liberty Bond Act, as now or hereafter in force, and the purposes for which securities may be issued under the Second Liberty Bond Act, as now or hereafter

1365

12 USC 1701 ^"as^usc 1 soi.

12 u sc 17 01 ^"^o"°'a"g ri cipai obligation' limitation. interest rate.

interest rate.

31 USC 774.

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12 USC 1721.

Limitation.

Effective date. 12 USC 1723e note.

PUBLIC LAW 93-449-OCT. 18, 1974

[88 STAT.

in force, are extended to include any purchase of the Association's obligations hereunder. " (d)(1) The Association is authorized to guarantee securities based on pools or trusts of the mortgages purchased by the Association under this section as provided in section 306(g) of this Act with respect to federally insured or guaranteed mortgages and to act as issuer of such guaranteed securities. The Association shall possess with respect to securities under this section all the powers it possesses with respect to securities guaranteed under such section 306(g), and the provisions of such section shall apply to guarantees under this section, except that such section shall not be deemed to prohibit the Secretary from guaranteeing payment of only a part of the principal and interest on securities issued under the provisions of this section. "(2) The Association may offer and sell any securities guaranteed under this subsection to the Federal Financing Bank, and such Bank is authorized to purchase any securities so offered. The Association may also offer and sell any securities guaranteed under this subsection to any Federal Reserve bank. The proceeds from the sale of such securities when issued by the Association shall be treated in the accounts in the same manner as if such proceeds were from the sale of the underlying mortgages. "(e) The Secretary may make available a portion of his authority under this section to purchase mortgages covering housing which has been constructed more than twelve months prior to enactment of this section in areas where he determines that there is a serious shortage of mortgage credit to purchase such housing. "(f) The Association is authorized to—• "(1) sell mortgages purchased under this section of prices which it determines will help promote the objective of assuring that operations under this section are, to the extent feasible, fully self-supporting; "(2) pay for services performed in carrying out its functions under this section without regard to any limitation on administrative expenses heretofore enacted. " (g) The total amount of purchases and commitments authorized by the Secretary to be made pursuant to this section shall not exceed $7,750,000,000 outstanding at any one time.". (b) The amendment made by subsection (a) becomes effective upon the date of enactment of this Act and shall remain in effect for a period of one year following such date of enactment, except that it shall remain in effect after the expiration of such period to fhe extent necessary (1) to honor commitments to purchase mortgages issued f)rior to the expiration of such period, and (2) to provide for the liquidation of assets and discharge of liabilities acquired or incurred prior to the expiration of such period. AMENDMENTS TO OTHER LAWS

12 USC 1703.

"Historic structures." 'Preservation.

SEC. 4. (a) The National Housing Act is amended as follows: (1) The first sentence of section 2(a) of such Act is amended by inserting before the period at the end thereof the following: "; and for the purpose of financing the preservation of historic structures, and. as used in this section, the term 'historic structures' means residential structures which are registered in the National Register of Historic Places or which are certified by the Secretary of the Interior to conform to National Register criteria; and the term 'preservation* means restoration or rehabilitation undertaken for such purposes as are approved by the Secretary in regulations issued by him, after consulting with the Secretary of the Interior".

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PUBLIC LAW 93-449-OCT. 18, 1974

1367

(2) Section 2(b) of such Act is amended by adding at the end thereof the following new paragraph: "A loan financing the preservation of a historic structure shall— "(1) involve an amount not exceeding $15,000 per family unit; and " (2) have a maturity not exceeding fifteen years and thirty-two days.". (b) Section 203 of the National Housing Act is amended by adding cooperative at the end thereof the following: _ m°o"tgaleiniur-^' " (n)(l) The Secretary is authorized to insure under this section ance.u s e 1709. 12 any mortgage meeting the requirements of subsection (b) of this section, except as modified by this subsection. To be eligible, the mortgage shall involve a dwelling unit in a cooperative housing project which is covered by a blanket mortgage insured under this Act. The mortgage amount as determined under the other provisions of subsection (b) of this section shall be reduced by an amount equal to the portion of the unpaid balance of the blanket mortgage covering the project which is attributable (as of the date the mortgage is accepted for insurance) to such unit. "(2) For the purpose of this subsection— Definitions. " (A) The terms 'home mortgage' and 'mortgage' include a first lien given (in accordance with the laws of the State where the property is located and accompanied by such security and other undertakings as may be required under regulations of the Secretary) to secure a loan made to finance the purchase of stock or membership in an nonprofit cooperative ownership housing corporation the permanent occupancy of the dwelling units of which is restricted to member's of such corporation, where the purchase of such stock or membership will entitle the purchaser to the permanent occupancy of one of such units. " (B) The terms 'appraised value of the property', 'value of the property', and 'value' include the appraised value of a dwelling unit in a cooperative housing project of the type described in subparagraph (A) where the purchase of the stock or membership involved will entitle the purchaser to the permanent occupancy of that unit; and the term 'property' includes a dwelling unit in such a cooperative project. " (C) The term 'mortgagor' includes a person or persons giving a first lien (of the type describe in subparagraph (A)) to secure a loan to finance the purchase of stock or membership in a cooperative housing corporation." (c) Section 10(b) of the Federal Home Loan Bank Act (12 U.S.C. TasTJcuriT^ 1430(b)), as amended, is amended by striking the dollar figure "^^ as secun y. "$40,000" and inserting in lieu thereof "$55,000 (except that with respect to dwellings in Alaska, Guam, and Hawaii the foregoing limitation may, by regulation of the Board, be increased by not to exceed 50 per centum)". (d) Section 5(c) of the Home Owners' Loan Act of 1933 (12 U.S.C. 1464(c)), as amended, is amended by adding in the nineteenth paragraph thereof after the phrase "section 401(d) " the following phrase: "or section 408(a) ". (e) Section 5 of Public Law 93-387 is amended to read: "The Coun^'^'^P-JJ'}: 12 USC 1904 cil shall report to the President, and through him to the Congress, on a note. quarterly basis and not later than thirty days after the close of each calendar quarter, concerning its activities, findings, and recommendations with respect to the containment of inflation and the maintenance of a vigorous and prosperous peacetime economy.".

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 PUBLIC LAW 93-450-OCT. 18, 1974

1368

[88

STAT.

FEDERAL RESERVE ACT AMENDMENT Time note s, advances. 12 USC 347b.

Interest rate.

SEC. 5. Section 10(b) of the Federal Reserve Act is amended by adding the following at the end thereof: "Notwithstanding the foregoing, any Federal Reserve bank, under rules and regulations prescribed by the Board of Governors of the Federal Reserve System, may make advances to any member bank on its time notes having such maturities as the Board may prescribe and which are secured by mortgage loans covering a one-to-four family residence. Such advances shall bear interest at a rate equal to the lowest discount rate in effect at such Federal Reserve bank on the date of such note.". Approved October 18^ 1974. Public Law 93-450

Octob sr 18, 1974 [ S. J. R e s. 251]

Ante, 12

p. 1166.

u s e 635f

note

JOINT RESOLUTION To extend the authority of the Export-Import Bank of the United States.

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That section 8 of the Export-Import Bank Act of 1945 is amended by striking out "October 15, 1974" and inserting in lieu thereof "November 30, 1974": Provided, however, That the Bank shall not authorize any financial assistance to the Union of Soviet Socialist Republics during the life of this resolution. Approved October 18, 1974. Public Law 93-451

October 18, 1974 [S. 283]

Bridge port Indian C olony, Calif. Lands

AN ACT To declare that the United States holds in trust for the Bridgeport Indian Colony certain lands in Mono County, California.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That all of the right, title, and interest of the United States in the following described public domain land located in Mono County, California, are hereby declared to be held by the United States in trust for the Bridgeport Indian Colony: The southeast quarter of the northeast quarter of section 28, township 5 north, range 25 east, Mount Diablo base and meridian, Mono County, California, containing forty acres more or less. Provided further, That said parcel shall be subject to the easement to the Bridgeport Public Utility District for a sewer main. Approved October 18, 1974.

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PUBLIC LAW 93-452-OCT. 18, 1974

1369

Public Law 93-452 AN ACT

October 18, 1974

To extend and expand the authority for carrying out conservation and rehabilitation programs on military reservations, and to authorize the implementation of such programs on certain public lands.

[H. R. 11537]

Be it enacted by the Senate and House of Representatives of the Conservation United States of America in Congress assembled, That the Act entitled and rehabilitation "An Act to promote effectual planning, development, maintenance, programTon'mVi and coordination of wildlife, fish and game conservation and rehabili- itary and public tation in military reservations", approved September 15, 1960 (16 i^""^^U.S.C. 670a-f), is amended— (1) by inserting immediately after the first sentence of the ^^ use 670a. first section thereof the following new sentence: "Such cooperative plan shall provide for (1) fish and wildlife habitat improvements or modifications, (2) range rehabilitation where necessary for support of wildlife, and (3) control of off-road vehicle traffic.; and (2) by amending section 6(b) thereof— 1^ ^^^ ^^°^(A) by amending the first sentence thereof by inserting immediately after "July 1, 1971," the following: "and not to exceed $1,500,000 for the fiscal year beginning July 1, 1972, and for each of the next five fiscal years thereafter,"; and (B) by inserting immediately before the last sentence thereof the following new sentence: "There is authorized to be appropriated to the Secretary of the Interior not to exceed $2,000,000 for the fiscal year beginning July 1, 1973, and for each of the next four fiscal years thereafter to enable the Secretary to carry out such functions and responsibilities as he may have under cooperative plans to which he is a party under this title." SEC. 2. Such Act of September 15, 1960, is further amended by adding at the end thereof the following: " TITLE II — CONSERVATION P R O G R A M S ON CERTAIN PUBLIC LAND "SEC. 201. (a) The Secretary of the Interior and the Secretary of ^^ use 670g. Agriculture shall each, in cooperation with the State agencies and in accordance with comprehensive plans developed pursuant to section 202 of this title, plan, develop, maintain, and coordinate programs for the conservation and rehabilitation of wildlife, fish, and game. Such conservation and rehabilitation programs shall include, but not be limited to, specific habitat improvement projects and related activities and adequate protection for species considered threatened or endangered. " (b) The Secretary of the Interior shall implement the conservation and rehabilitation programs required under subsection (a) of this section on public land under his jurisdiction. The Secretary of the Interior shall adopt, modify, and implement the conservation and rehabilitation programs required under such subsection (a) on public land under the jurisdiction of the Chairman, but only with the prior written approval of the Atomic Energy Commission, and on public land under the jurisdiction of the Administrator, but only with the prior written approval of the Administrator. The Secretary of Agriculture shall implement such conservation and rehabilitation programs on public land under his jurisdiction. "SEC. 202. (a)(1) The Secretary of the Interior shall develop, in eomprehensive consultation with the State agencies, a comprehensive plan for con- ^^le^usc 670h.

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Cooperative agreemen s.

PUBLIC LAW 93-452-OCT. 18, 1974

[88 STAT.

servation and rehabilitation programs to be implemented on public land under his jurisdiction and the Secretary of Agriculture shall do the same in connection with public land under his jurisdiction. "(2) The Secretary of the Interior shall develop, with the prior written approval of the Atomic Energy Commission, a comprehensive plan for conservation and rehabilitation programs to be implemented on public land under the jurisdiction of the Chairman and develop, with the prior written approval of the Administrator, a comprehensive plan for such programs to be implemented on public land under the jurisdiction of the Administrator. Each such plan shall be developed after the Secretary of the Interior makes, with the prior written approval of the Chairman or the Administrator, as the case may be, and in consultation with the State agencies, necessary studies and surveys of the land concerned to determine where conservation and rehabilitation programs are most needed. "(b) Each comprehensive plan developed pursuant to this section shall be consistent with any overall land use and management plans for the lands involved. In any case in which hunting, trapping, or fishing (or any combination thereof) of resident fish and wildlife is to be permitted on public land under a comprehensive plan, such hunting, trapping, and fishing shall be conducted in accordance with applicable laws and regulations of the State in which such land is located. "(c)(1) Each Stat© agency may enter into a cooperative agreement ^.^j^

" (A) the Secretary of the Interior with respect to those conservation and rehabilitation programs to be implemented under this title within the State on public land which is under his jurisdiction; " (B) the Secretary of Agriculture with respect to those conservation and rehabilitation programs to be implemented under this title within the State on public land which is under his jurisdiction; and " (C) the Secretary of the Interior and the Chairman or the Administrator, as the case may be, with respect to those conservation and rehabilitation programs to be implemented under this title within the State on public land under the jurisdiction of the Chairman or the Administrator; except that before entering into any cooperative agreement which affects public land under the jurisdiction of the Chairman, the Secretary of the Interior shall obtain the prior written approval of the Atomic Energy Commission and before entering into any cooperative agreement which affects public lands under the jurisdiction of the Administrator, the Secretary of the Interior shall obtain the prior written approval of the Administrator. Conservation and rehabilitation programs developed and implemented pursuant to this title shall be deemed as supplemental to wildlife, fish, and game-related programs conducted by the Secretary of the Interior and the Secretary of Agriculture pursuant to other provisions of law. Nothing in this title shall be construed as limiting the authority of the Secretary of the Interior or the Secretary of Agriculture, as the case may be, to manage the national forests or other public lands for wildlife and fish and other purposes in accordance with the Multiple-Use Sustained-Yield Act of 1960 (74 Stat. 215; 16 U.S.C. 528-531) or other applicable authority. "(2) Any conservation and rehabilitation program included within a cooperative agreement entered into under this subsection may be modified in a manner mutually agreeable to the State agency and the

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 88 STAT. ]

PUBLIC LAW 93-452-OCT. 18, 1974

Secretary concerned (and the Chairman or the Administrator, as the case may be, if public land under his jurisdiction is involved). Before modifying any cooperative agreement which affects public land under the jurisdiction of the Chairman, the Secretary of the Interior shall obtain the prior written approval of the Atomic Energy Commission and before modifying any cooperative agreement which affects public land under the jurisdiction of the Administrator, the Secretary of the Interior shall obtain the prior written approval of the Administrator. " (3) Each cooperative agreement entered into under this subsection shall— " (A) specify those areas of public land within the State on which conservation and rehabilitation programs will be implemented; " (B) provide for fish and wildlife habitat improvements or modifications, or both; " (C) provide for range rehabilitation where necessary for support of wildlife; " (D) provide adequate protection for fish and wildlife officially classified as threatened or endangered pursuant to section 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533) or considered to be threatened, rare, or endangered by the State agency; " (E) require the control of off-road vehicle traffic; " (F) if the issuance of public land area management stamps is agreed to pursuant to section 203(a) of this title— "(i) contain such terms and conditions as are required under section 203(b) of this title; "(ii) require the maintenance of accurate records and the filing of annual reports by the State agency to the Secretary of the Interior or the Secretary of Agriculture, or both, as the case may be, setting forth the amount and disposition of the fees collected for such stamps; and "(iii) authorize the Secretary concerned and the Comptroller General of the United States, or their authorized representatives, to have access to such records for purposes of audit and examination; and " (G) contain such other terms and conditions as the Secretary concerned and the State agency deem necessary and appropriate to carry out the purposes of this title. A cooperative agreement may also provide for arrangements under which the Secretary concerned may authorize officers and employees of the State agency to enforce, or to assist in the enforcement of, section 204(a) of this title. "(4) Except where limited under a comprehensive plan or pursuant to cooperative agreement, hunting, fishing, and trapping shall be permitted with respect to resident fish and wildlife in accordance with applicable laws and regulations of the State in which such land is located on public land which is the subject of a conservation and rehabilitation program implemented under this title. " (5) The Secretary of the Interior and the Secretary of Agriculture, as the case may be, shall prescribe such regulations as are deemed necessary to control, in a manner consistent with the applicable comprehensive plan and cooperative agreement, the public use of public land which is the subject of any conservation and rehabilitation program implemented by him under this title. "SEC. 203. (a) Any State agency may agree with the Secretary of the Interior and the Secretary of Agriculture (or with the Secretary of the Interior or the Secretary of Agriculture, as the case may be, if within the State concerned all conservation and rehabilitation pro-

1371

nnua°^rt'^^o^fs"^' ^ ^ P •

Audit.

Hunting and '^ ^"^'

Regulations.

Public land management area

sra'mps^' i^ use 670i

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 1372

Conditions.

^°*"'^*

re^u'^'^dyo

PUBLIC LAW 93-452-OCT. 18, 1974

[88 STAT.

grams under this title will be implemented by him) that no individual will be permitted to hunt, trap, or fish on any public land within the State which is subject to a conservation and rehabilitation program implemented under this title unless at the time such individual is engaged in such activity he has on his person a valid public land management area stamp issued pursuant to this section. ^^ (h) Aiij agreement made pursuant to subsection (a) of this section to require the issuance of public land management area stamps shall be subject to the following conditions: "(1) Such stamps shall be issued, sold, and the fees therefor collected, by the State agency or by the authorized agents of such agency. "(2) Notice of the requirement to possess such stamps shall be displayed prominently m all places where State hunting, trapping, or fishing licenses are sold. To the maximum extent practicable, the sale of such stamps shall be combined with the sale of such State hunting, trapping, and fishing licenses. "(3) Except for expenses incurred in the printing, issuing, or selling of such stamps, the fees collected for such stamps by the State agency shall be utilized in carrying out conservation and rehabilitation programs implemented under this title in the State concerned and for no other purpose. If such programs are implemented by both the Secretary of the Interior and the Secretary of Agriculture in the State, the Secretaries shall mutually agree, on such basis as they deem reasonable, on the proportion of such fees that shall be applied by the State agency to their respective programs. " (4) The purchase of any such stamp shall entitle the purchaser thereof to hunt, trap, and fish on any public land within such State which is the subject of a conservation or rehabilitation program implemented under this title except to the extent that the public use of such land is limited pursuant to a comprehensive plan or cooperative agreement; but the purchase of any such stamp shall not be construed as (A) eliminating the requirement for the purchase of a migratory bird hunting stamp as set forth in the first section of the Act of March 16, 1934, commonly referred to as the Migratory Bird Hunting Stamp Act (16 U.S.C. 7l8a), or (B) relieving the purchaser from compliance with any applicable State game and fish laws and regulations. "(5) The amount of the fee to be charged for such stamps, the age at which the individual is required to acquire such a stamp, and the expiration date for such stamps shall be mutually agreed upon by the State agency and the Secretary or Secretaries concerned; except that each such stamp shall be void not later than one year after the date of issuance. "(6) Each such stamp must be validated by the purchaser thereof by signing his name across the face of the stamp. "(7) Any individual to whom a stamp is sold pursuant to this section shall upon request exhibit such stamp for inspection to any officer or employee of the Department of the Interior or the Department of Agriculture, or to any other person who is authorized to enforce section 204(a) of this title. "SEC. 204. (a)(1) Any person who hunts, traps, or fishes on any public land which is subject to a conservation and rehabilitation program implemented under this title without having on his person a valid public land management area stamp, if the possession of such a stamp is required, shall be fined not more than $1,000, or imprisoned for not more than six months, or both.

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"(2) Any person who knowingly violates or fails to comply with Penalties. any regulations prescribed under section 202(c)(5) of this title shall be fined not more than $500, or imprisoned not more than six months, or both. " (b)(1) For the purpose of enforcing subsection (a) of this section, Enforcement. the Secretary of the Interior and the Secretary of Agriculture may designate any employee of their respective departments, and any State officer or employee authorized under a cooperative agreement to enforce such subsection (a), to (i) carry firearms; (ii) execute and serve any warrant or other process issued by a court or officer of competent jurisdiction; (iii) make arrests without warrant or process for a misdemeanor he has reasonable grounds to believe is being committed in his presence or view; (iv) search without warrant or process any person, place, or conveyance as provided by law; and (v) seize without warrant or process any evidentiary item as provided by law. "(2) Upon the sworn information by a competent person, any United States magistrate or court of competent jurisdiction may issue process for the arrest of any person charged with committing any offense under subsection (a) of this section. "(3) Any person charged with committing any offense under subsection (a) of this section may be tried and sentenced by any United States magistrate designated for that purpose by the court by which he was appointed, in the same manner and subject to the same conditions as provided for in section 3401 of title 18, United States Code. "(c) All guns, traps, nets, and other equipment, vessels, vehicles, and Equipment and other means of transportation used by any person when engaged in vessels, seizure. committing an offense under subsection (a) of this section shall be subject to forfeiture to the United States and may be seized and held pending the prosecution of any person arrested for committing such offense. Upon conviction for such offense, such forfeiture may be adjudicated as a penalty in addition to any other provided for committing such offense. " (d) All provisions of law relating to the seizure, forfeiture, and condemnation of a vessel for violation of the customs laws, the disposition of such vessel or the proceeds from the sale thereof, and the remission or mitigation of such forfeitures, shall apply to the seizures and forfeitures incurred, or alleged to have been incurred, under the provisions of this section, insofar as such provisions of law are applicable and not inconsistent with the provisions of this section; except that all powers, rights, and duties conferred or imposed by the customs laws upon any officer or employee of the Department of the Treasury shall, for the purposes of this section, be exercised or performed by the Secretary of the Interior or the Secretary of Agriculture, as the case may be, or by such persons as he may designate. "SEC. 205. As used in this title— Definitions. "(1) The term 'Administrator' means the Administrator of the 16 USC 670k. National Aeronautics and Space Administration. "(2) The term 'Chairman' means the Chairman of the Atomic Energy Commission. "(3) The term 'off-road vehicle' means any motorized vehicle designed for, or capable of, cross-country travel on or immediately over land, water, sand, snow, ice, marsh, swampland, or other natural terrain; but such term does not include— " (A) any registered motorboat at the option of each State; " (B) any military, fire, emergency, or law enforcement vehicle when used for emergency purposes; and " (C) any vehicle the use of which is expressly authorized by the Secretary of the Interior or the Secretary of Agriculture under a permit, lease, license, or contract.

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Page:The Eurypterida of New York Volume 2.pdf/1

 New York State Education Department

, Director

Memoir 14

THE EURYPTERIDA OF NEW YORK

JOHN M. CLARKE

RUDOLF RUEDEMANN

VOLUME II

PLATES

ALBANY

NEW YORK STATE EDUCATION DEPARTMENT

1912


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16 USC 670/.

Indian r i g h t s. 16 USC 670m.

Alaska, plans and programs, submittal to Joint Federal-State Land Use P l a n ning Commission. 16 USC 670n. 43 USC 1616.

Appropriation. 16 USC 670o.

PUBLIC LAW 93-452-OCT. 18, 1974

[88 STAT.

" (4) The term 'public land' means all lands under the respective jurisdiction of the Secretary of the Interior, the Secretary of Agriculture, the Chairman, and the Administrator, except land which is, or hereafter may be, within or designated as— " (A) a military reservation; " (B) a unit of the National Park System; " (C) an area within the national wildlife refuge system; " (D) an Indian reservation; or " (E) an area within an Indian reservation or land held in trust by the United States for an Indian or Indian tribe. "(5) The term 'State agency' means the agency or agencies of a State responsible for the administration of the fish and game laws of the State. "(6) The term 'conservation and rehabilitation programs' means to utilize those methods and procedures which are necessary to protect, conserve, and enhance wildlife, fish, and game resources to the maximum extent practicable on public lands subject to this title consistent with any overall land use and management plans for the lands involved. Such methods and procedures shall include, but shall not be limited to, all activities associated with scientific resources management such as protection, research, census, law enforcement, habitat management, propagation, live trapping and transplantation, and regulated taking in conformance with the provisions of this title. Nothing in this term shall be construed as diminishing the authority or jurisdiction of the States with respect to the management of resident species of fish, wildlife, or game, except as otherwise provided by law. "SEC. 206. Notwithstanding any other provision in this title, section 203 of this title shall not apply to land which is, or hereafter may be, within or designated as Forest Service land or as Bureau of Land Management land of any State in which all Federal lands therein comprise 60 percent or more of the total area of such State; except that in any such State, any appropriate State agency may agree with the Secretary of Agriculture or the Secretary of the Interior, or both, as the case may be, to collect a fee as specified in such agreement at the point of sale of regular licenses to hunt, trap, or fish in such State, the proceeds of which shall be utilized in carrying out conservation and rehabilitation programs implemented under this title in the State concerned and for no other purpose. "SEC. 207. Nothing in this title shall enlarge or diminish or in any way affect (1) the rights of Indians or Indian tribes to the use of water or natural resources or their rights to fish, trap, or hunt wildlife as secured by statute, agreement, treaty. Executive order, or court decree; or (2) existing State or Federal jurisdiction to regulate those rights either on or off reservations. "SEC. 208. Nothing in this Act shall in any way affect the jurisdiction, authority, duties, or activities of the Joint Federal-State Land Use Planning Commission established pursuant to section 17 of the Alaska Native Claims Settlement Act (85 Stat. 688). During the development of any cooperative plan for Alaska which may be agreed to under title I after the effective date of this section and of any comprehensive program for Alaska under title II, such Commission shall be given an opportunity to submit its comments on such plan or program. "SEC. 209. (a) There is authorized to be appropriated the sum of $10,000,000 for the fiscal year ending June 30, 1974, and for each of the

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next four fiscal years thereafter to enable the Department of the Interior to carry out its functions and responsibilities under this title. " (b) There is authorized to be appropriated the sum of $10,000,000 Appropriation. for the fiscal year ending June 30, 1974, and for each of the next four fiscal years thereafter to enable the Department of Agriculture to carry out its functions and responsibilities under this title." SEC. 3. Such Act of September 15, 1960, is further amended— (1) by redesignating the first section and sections 2 through 6 as ^^^^^ ^^^ ^^°®" sections 101 through 106, respectively; (2) by striking out "That the Secretary of Defense" in section 101 (as so redesignated) and inserting in lieu thereof the following:

"TITLE I—CONSERVATION PEOGRAMS ON MILITARY RESERVATIONS "SEC. 101. The Secretary of Defense"; (3) by striking out "Act" the first time it appears in the proviso to section 102 (as so redesignated) and inserting in lieu thereof "title"; (4) by striking out "Act" each place it appears in sections 104 and 106 (as so redesignated) and inserting in lieu thereof "title"; and (5) by striking out "sections 1 and 2" in section 106 (as so redesignated) and inserting in lieu thereof "sections 101 and 102". Approved October 18, 1974. Public Law 93-453 AN AC r

To authorize the conveyance of certain lands to the New Mexico State University, Las Cruces, New Mexico.

October 18, 1974

[H. R. 5641]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That notwithstand- New Mexico ing the acreage limitation in the Act of June 14, 1926, as amended (43 ^l^lnd^clnlV^U.S.C. 869-4), the Secretary of the Interior may convey to the New a"ce. Mexico State University at Las Cruces. New Mexico, in accordance with the provisions of that Act, all or any part of the following described lands: (1) Those lands described in Public Land Order Numbered 2051, containing 1,393.19 acres; (2) Those lands described in Public Land Order Numbered 3685, containing 2,789.07 acres; and (3) Southwest quarter, section 14, township 23 south, range 2 east. New Mexico principal meridian, consisting of 160 acres. All of the above-described lands lie in sections 13,14, 15, 22, 23, 24, 25, 26, and 35, township 23 south, range 2 east, New Mexico principal meridian. Approved October 18, 1974.

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PUBLIC LAW 93-454-OCT. 18, 1974

[88 STAT.

Public Law 93-454 October 18. 1974 [S-3362]

Federal Colum' bia River Transmission System Act.

16 USC 838

note

^ ^ ACT To enable the Secretary of the Interior to provide for the operation, maintenance, and continued construction of the Federal transmission system in the Pacific Northwest by use of the revenues of the Federal Columbia River Power System and the proceeds of revenue bonds, and for other purposes.

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

of the

SHORT TITLE

1. This Act may be cited as the "Federal Columbia Elver Transmission System Act". SECTION

FINDINGS

16 USC 838. 16 USC 837. 16 USC 835j835m.

'Yjc. 2. (a) Congress finds that in order to enable the Secretary of i-j^g Interior to carry out the policies of Public Law 88-552 relating to the marketing of electric power, from hydroelectric projects in the Pacific Northwest, Public Laws 89-448 and 89-561 relating to use of revenues of the Federal Columbia River Power System to provide financial assistance to reclamation projects in,the Pacific Northwest, the treaty between the United States and Canada relating to the cooperative development of the resources of the Columbia River Basin, and other applicable law, it is desirable and appropriate that the revenues of the Federal Columbia River Power System and the proceeds of revenue bonds be used to further the operation, maintenance, and further construction of the Federal transmission system in the Pacific Northwest. (b) Other than as specifically provided herein, the present authority and duties of the Secretary of the Interior relating to the Federal Columbia River Power System shall not be affected by this Act. The authority and duties of the Administrator referred to herein are subject to the supervision and direction of the Secretary. DEFINITIONS

16 USC 838a.

SEC. 3. As used iu this Act— (a) The term "Administrator" means the Administrator, Bonneville Power Administration. (b) The term "electric power" means electric peaking capacity or electric energy, or both. (c) The term "major transmission facilities" means transmission facilities intended to be used to provide services not previously provided by the Bonneville Power Administration with its own facilities. THE FEDERAL COLUMBIA RTVER TRANSMISSION SYSTEM

16 USC 838b.

SEC. 4. The Secretary of the Interior, acting by and through the Administrator, shall operate and maintain the Federal transmission system within the Pacific Northwest and shall construct improvements, betterments, and additions to and replacements of such system within the Pacific Northwest as he determines are appropriate and required to: (a) integrate and transmit the electric power from existing or additional Federal or non-Federal generating units; (b) provide service to the Administrator's customers; (c) provide interregional transmission facilities; or

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(d) maintain the electrical stability and electrical reliability of the Federal system: Provided, however, That the Administrator shall not construct any transmission facilities outside the Pacific Northwest, excepting customer service facilities within any contiguous areas, not in excess of seventy-five airline miles from said region, which are a part of the service area of a distribution cooperative which has (i) no generating facilities, and (ii) a distribution system from which it serves both within and without said region, nor shall he commence construction of any major transmission facility within the Pacific Northwest, unless the expenditure of the funds for the initiation of such construction is specifically approved by Act of Congress. CONGRESSIONAIJ APPROVAL OF EXPENDITURES

SEC. 5. (a) Unless specifically authorized by Act of Congress, the Administrator shall not expend funds made available under this Act, other than funds specifically appropriated by the Congress for such purpose, to acquire any operating transmission facility by condemnation: Provided, That this provision shall not restrict the acquisition of the right to cross such a facility by condemnation. (b) A t least sixty days prior to the time a request for approval or authority under section 4 or 5 of this Act is sent to Congress, the Administrator shall give notice of such request to entities in the Pacific Northwest with which the Administrator has power sales or exchange contracts or transmission contracts or which have a transmission interconnection with the Federal transmission system.

16 USC 838c.

TRANSMISSION OF NON-FEDERAL POWER

SEC. 6. The Administrator shall make available to all utilities on a fair and nondiscriminatory basis, any capacity in the Federal transmission system which he determines to be in excess of the capacity required to transmit electric power generated or acquired by the United States.

16 USC 838d.

ACQUISITION OF PROPERTY

SEC. 7. Subject to the provisions of section 5 of this Act the Administrator may purchase or lease or otherwise acquire and hold such real and personal property in the name of the United States as he deems necessary or appropriate to carry out his duties pursuant to law.

^^ ^^^ ^3^^-

MARKETING AUTHORITY

S E C 8. The Administrator is hereby designated as the marketing agent for all electric power generated by Federal generating plants in the Pacific Northwest, constructed by, under construction by, or presently authorized for construction by the Bureau of Reclamation or the United States Corps of Engineers except electric power required for the operation of each Federal project and except electric power from the Green Springs project of the Bureau of Reclamation.

16 USC 838f.

RATES A N D CHARGES

SEC. 9. Schedules of rates and charges for the sale, including dispositions to Federal agencies, of all electric power made available to the Administrator pursuant to section 8 of this Act or otherwise acquired, and for the transmission of non-Federal electric power over

^^ "^^ *^*^"

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[88 STAT.

the Federal transmission system, shall become effective upon confirmation and approval thereof by the Federal Power Commission. Such rate schedules may be modified from time to time by the Secretary of the Interior, acting by and through the Administrator, subject to confirmation and approval by the Federal Power Commission, and shall be fixed and established (1) wath a view to encouraging the widest possible diversified use of electric power at the lowest possible rates to consumers consistent with sound business principles, (2) having regard to the recovery (upon the basis of the application of such rate schedules to the capacity of the electric facilities of the projects) of the cost of producing and transmitting such electric power, including the amortization of the capital investment allocated to power over a reasonable period of years and payments provided for in section 11(b)(9), and (3) at levels to produce such additional revenues as may be required, in the aggregate with all other revenues of the Administrator, to pay when due the principal of, premiums, discounts, and expenses in connection with the issuance of and interest on all bonds issued and outstanding pursuant to this Act, and amounts required to establish and maintain reserve and other funds and accounts established in connection therewith. UNIFORM RATES 16 USC 838h.

SEC. 10. The said schedules of rates and charges for transmission, the said schedules of rates and charges for the sale of electric power, or both such schedules, may provide, among other things, for uniform rates or rates uniform throughout prescribed transmission areas. The recovery of the cost of the Federal transmission system shall be equitably allocated between Federal and non-Federal power utilizing such system. BONNEVIIXE POWER ADMINISTRATION

Establishment. 16 USC 8381.

3 ePR, 19381943 eomp.,p. 704. 16 USC 832j.

FUND

SEC. 11. (a) There is hereby established in the Treasury of the United States a Bonneville Power Administration fund (hereinafter referred to as the "fund"). The fund shall consist of (1) all receipts, collections, and recoveries of the Administrator in cash from all sources, including trust funds, (2) all proceeds derived from the sale of bonds by the Administrator, (3) any appropriations made by the Congress for the fund, and (4) the following funds which are hereby transferred to the Administrator: (i) all moneys in the special account in the Treasury established pursuant to Executive Order Numbered 8526 dated August 26, 1940, (ii) the unexpended balances in the continuing fund established by the provisions of section 11 of the Bonneville Project Act of August 20, 1937 (16 U.S.C. 831 et seq^.), and (iii) the unexpended balances of funds appropriated or otherwise made available for the Bonneville Power Administration. All funds transferred hereunder shall be available for expenditure by the Secretary of the Interior, acting by and through the Administrator, as authorized in this Act and any other Act relating to the Federal Columbia Kiver transmission system, subject to such limitations as may bfe prescribed by any applicable appropriation act effective during such period as may elapse between their transfer and the approval by the Congress of the first subsequent annual budget program of the Administrator. (b) The Administrator may make expenditures from the fund, which shall have been included in his annual budget submitted to Congress, without further appropriation and without fiscal year limi-

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tation, but within such specific directives or limitations as may be included in appropriation acts, for any purpose necessary or appropriate to carry out the duties imposed upon the Administrator pursuant to law, including but not limited to— (1) construction, acquisition, and replacement of (i) the transmission system, including facilities and structures appurtenant thereto, and (ii) additions, improvements, and betterments thereto (hereinafter in this Act referred to as "transmission system"); (2) operation, maintenance, repair, and relocation, to the extent such relocation is not provided for under subsection (1) above, of the transmission system; (3) electrical research, development, experimentation, test, and investigation related to construction, operation, and maintenance of transmission systems and facilities; (4) marketing of electric power; (5) transmission over facilities of others and rental, lease, or lease-purchase of facilities; (6) purchase of electric power (including the entitlement of electric plant capability)(i) on a short-term basis to meet temporary deficiencies in electric power which the Administrator is obligated by contract to supply, or (ii) if such purchase has been heretofore authorized or is made with funds expressly appropriated for such purchase by the Congress, or (iii) if to be paid for with funds provided by other entities for such purpose under a trust or agency arrangement; (7) defraying emergency expenses or insuring continuous operation; (8) paying the interest on, premiums, discounts, and expenses, if any, in connection with the issuance of, and principal of all bonds issued under section 13(a) of this Act, including provision for and maintenance of reserve and other funds established in connection therewith; (9) making such payments to the credit of the reclamation fund or other funds as are required by or pursuant to law to be made into such funds in connection with reclamation projects in the Pacific Northwest: Provided, That this clause shall not be construed as permitting the use of revenues for repayment of costs allocated to irrigation at any project except as otherwise expressly authorized by law; (10) making payments to the credit of miscellaneous receipts of the Treasury for all unpaid costs required by or pursuant to law to be charged to and returned to the general fund of the Treasury for the repayment of the Federal investment in the Federal Columbia Eiver Power System from electric power marketed by the Administrator; and (11) acquiring such goods and services, and paying dues and membership fees in such professional, utility, industry, and other societies, associations, and institutes, together with expenses related to such memberships, including but not limited to the acquisitions and payments set forth in the general provisions of the annual appropriations Act for the Department of Interior, as the Administrator determines to be necessary or appropriate in carrying out the purposes of this Act. (c) Moneys heretofore or hereafter appropriated shall be used only for the purposes for which appropriated, and moneys received by the Administrator in trust shall be used only for carrying out such trust.

1379

Ante, p. 822.

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16 USC 832a, 832i, 832k. Audit, report to Congress. 31 USC 850, 851.

PUBLIC LAW 93-454-OCT. 18, 1974

[88

STAT.

The provisions of the Government Corporation Control Act (31 U.S.C. 841 et seq.) shall be applicable to the Administrator in the same manner as they are applied to the wholly owned Government corporations named in section 101 of such Act (31 U.S.C. 846), but nothing in the proviso of section 850 of title 31, United States Code, shall be construed as affecting the powers granted in subsection (b) (11) of this section and in sections 2(f), 10(b), and 12(a) of the Bonneville Project Act (16 U.S.C. 832 et seq.). (d) Notwithstanding the provisions of sections 105 and 106 of the Government Corporation Control Act, the financial transactions of the Administrator shall be audited by the Comptroller General at such times and to such extent as the Comptroller General deems necessary, and reports of the results of each such audit shall be made to the Congress within 61/^ months following the end of the fiscal year covered by the audit. INVESTMENT OF EXCESS FUNDS

16 USC 838j.

SEC. 12. (a) If the Administrator determines that moneys in the fund are in exbess of current needs he may request the investment of such amounts as he deems advisable by the Secretary of the Treasury in direct, general obligations of, or obligations guaranteed as to both principal and interest by, the United States of America. (b) With the approval of the Secretary of the Treasury, the Administrator may deposit moneys of the fund in any Federal Reserve bank or other depository for funds of the United States of America, or in such other banks and financial institutions and under such terms and conditions as the Administrator and the Secretary of the Treasury may mutually agree. REVENUE BONDS

Sale an d issuance. 16 USC 838k.

Terms and conditions.

Interest rate, determination.

Limitation.

"Net proceeds."

SEC. 13. (a) The Administrator is authorized to issue and sell to the Secretary of the Treasury from time to time in the name and for and on behalf of the Bonneville Power Administration bonds, notes, and other evidences of indebtedness (in this Act collectively referred to as "bonds") to assist in financing the construction, acquisition, and replacement of the transmission system, and to issue and sell bonds to refund such bonds. Such bonds shall be in such forms and denominations, bear such maturities, and be subject to such terms and conditions as may be prescribed by the Secretary of the Treasury taking into account terms and conditions prevailing in the market for similar bonds, the useful life of the facilities for which the bonds are issued, and financing practices of the utility industry. Refunding provisions may be prescribed by the Administrator. Such bonds shall bear interest at a rate determined by the Secretary of the Treasury taking into consideration the current average market yield on outstanding marketable obligations of the United States of comparable maturities, plus an amount in the judgment of the Secretary^ of the Treasury to provide for a rate comparable to the rates prevailing in the market for similar bonds. The aggregate principal amount of any such bonds outstanding at any one time shall not exceed $1,250,000,000. (b) The principal of, premiums, if any, and interest on such bonds shall be payable solely from the Administrator's net proceeds as hereinafter defined. "Net proceeds" shall mean for the purposes of this section the remainder of the Administrator's gross receipts from all sources after first deducting trust funds and the costs listed in section 11(b)(2) through 11(b)(7) and 11(b) (11), and shall include reserve or other funds created from such receipts.

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STAT.]

PUBLIC LAW 93-455-OCT. 18, 1974

(c) The Secretary of the Treasury shall purchase forthwith any bonds issued by the Administrator under this Act and for that purpose is authorized to use as a public debt transaction the proceeds from the sale of any securities issued under the Second Liberty Bond Act, as now or hereafter in force, and the purposes for which securities may be issued under the Second Liberty Bond Act, as now or hereafter in force, are extended to include any purchases of the bonds issued by the Administrator under this Act, The Secretary of the Treasury may, at any time, sell any of the bonds acquired by him under this Act. All redemptions, purchases, and sales by the Secretary of the Treasury of such bonds shall be treated as public debt transactions of the United States. Approved October 18., 1974.

1381 B o n d s, pur;hase.

31 USC 774.

Public Law 93-455 AN ACT To amend the Military Personnel and Civilian Employees' Claims Act of 1964, as amended, with respect to the settlement of claims against the United States by members of the uniformed services and civilian oflScers and employees for damage to, or loss of, personal property incident to their service.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) section 3 (a)(1) of the Military Personnel and Civilian Employees' Claims Act of 1964, as amended (78 Stat. 767, as amended; 31 U.S.C. 241 (a)(1)), is amended by striking out "$10,000" and inserting in place thereof "$15,000", and (b) Section 3(b)(1) of the Military Personnel and Civilian Employees' Claims Act of 1964, as amended (78 Stat. 767, as amended; 31 U.S.C. 241 (b)(1)), is amended to read as follows: "(b)(1) Subject to any policies the President may prescribe to effectuate the purposes of this subsection and under such regulations as the head of an agency, other than a military department, the Secretary of Transportation with respect to the Coast Guard, or the Department of Defense, may prescribe, he or his designee may settle and pay a claim arising after the effective date of this Act against the United States for not more than $15,000 made by a member of the uniformed services under the jurisdiction of that agency or by a civilian officer or employee of that agency, for damage to, or loss of, personal property incident to his service. If the claim is substantiated and the possession of that property is determined to be reasonable, useful, or proper under the circumstances, the claim may be paid or the property replaced in kind. This subsection does not apply to claims settled before its enactment." SEC. 2. The amendments provided in this Act shall apply to claims based upon losses of personal property which occur after the effective date of this Act. Approved October 18, 1974.

38-194 O - 76 - 5 Pt. 2

October 18, 1974 [H. R. 7135]

Uniformed services. Claims settlement.

Non-military departments.

31 USC 241 note.

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PLATE 1

441


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STAT.

Public Law 93-456 October 18, 1974 [H. R. 7954]

s t a t e of New York. Land conveyance.

Description,

R e l e a s e of conditions.

Mineral interests.

Fair market value.

Deposit.

AN ACT To direct the Secretary of Agriculture to release on behalf of the United States conditions in a deed conveying certain lands to the State of New York and to provide for the conveyance of certain interests in such lands so as to permit such State, subject to certain conditions, to sell such land.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, notwithstanding the provisions of section 32(c) of the Bankhead-Jones Farm Tenant Act (7 U.S.C. 1011(c)), the Secretary of Agriculture is authorized and directed to release, on behalf of the United States, with respect to the following described land, the condition in a deed dated January 28, 1961, between the United States and the State of New York, conveying certain lands in Allegany County in the State of New York to the State of New York, of which such described land is a part, which requires that the lands so conveyed be use 1 for public purposes and provides for a reversion of such land to the United States if at any time it ceases to be so used: A parcel or tract of land consisting of approximately.42 acre, being a portion of the lands conveyed by such deed dated January 28, 1961, being in the town of New Hudson, county of Allegany, State of New York, being part of lot 47 in such town which begins at the southwest corner of the existing cemetery lot; thence south on a line that is the continuation of the west line of said existing cemetery lot a distance of 100 feet to a point; thence east and parallel to the south line of said existing cemetery lot a distance of 185 feet to a point on the continuation of the east line of said existing cemetery lot; thence north along the said continuation of said east line a distance of 100 feet to the southeast corner of said existing cemetery lot; thence west along the south line of said existing cemetery lot a distance of 185 feet to the place of beginning. SEC. 2. The Secretary shall release the condition referred to in the first section of this Act only with respect to land covered by and described in any agreement or agreements entered into between the Secretary of Agriculture and the State of New York in which such State in consideration of the release of such conditions as to such land, agrees to convey the land with respect to which such condition is released to the Bellville Cemetery Association for a fair and equitable consideration. SEC. 3. Upon application all the undivided mineral interests of the United States in any parcel or tract of land, released pursuant to this Act from the condition as to such lands, shall be conveyed to the State of New York for the use and benefit of the State by the Secretary of the Interior. In areas where the Secretary of the Interior determines that there is no active mineral development or leasing, and that the lands have no mineral value, the mineral interests covered by a single application shall be sold for a consideration of $1. In other areas the mineral interests shall be sold at the fair market value thereof as determined by the Secretary of the Interior after taking into consideration such appraisals as he deems necessary or appropriate. SEC. 4. The Secretary of the Interior shall require the deposit of a sum of money which he deems sufficient to cover estimated administrative costs of this Act. If a conveyance is, or is not made pursuant to this Act, and the administrative costs exceed the deposit, the Secretary shall bill the applicant for the outstanding amount, but if the amount of the deposit exceeds the actual administrative costs, the Secretary shall refund the excess.

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SEC. 5. The term "administrative costs" as used in this Act includes, in addition to other items, all costs which the Secretary of the Interior determines are included in a determination of (1) the mineral character of the land in question, and (2) the fair market value of the mineral interest. SEC. 6. Amounts paid to the Secretary of the Interior under the revisions of this Act shall be paid into the Treasury of the United tates as miscellaneous receipts. Approved October 18, 1974.

1383 'Administrative

g

Public Law 93-457 AN ACT To amend the Act entitled "An Act to authorize the Secretary of Agriculture to execute a subordination agreement with respect to certain lands in Lee County, South Carolina".

October 18, 1974 [H. R. 9054]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Act entitled cauon'f Le^e^*^"" "An Act to authorize and direct the Secretary of Agriculture to county, s.c. execute a subordination agreement with respect to certain lands in Lands. Lee County, South Carolina", approved November 6, 1969 (83 Stat. 183), is amended— (1) by striking out "an agreement subordinating" and inserting in lieu thereof "a quitclaim deed conveying and releasing"; (2) by striking out "is" and inserting in lieu thereof "and the Secretary of the Interior are"; (3) by striking out "288" and inserting in lieu thereof "228"; and (4) by adding a new sentence at the end thereof as follows: "The Secretary of Agriculture and the Secretary of the Interior are further authorized, in their discretion, to execute and deliver to the Board of Education of Lee County, South Carolina, its successors and assigns, a quitclaim deed or deeds conveying and releasing all right, title, and interest of the Ignited States of America in and to one or more parcels numbered 1, more particularly described in the above-mentioned deed dated December 14, 1945, and numbered 7, 9, and 11, more particularly described in the above-mentioned deed dated July 15, 1946, upon documentation satisfactory to said Secretaries that buildings, facilities, or improvements for educational or other related community purposes are planned for the parcels involved.". Approved October 18, 1974. Public Law 93-458 AN ACT To declare that certain federally owned lands shall be held by the United States in trust for the Kootenai Tribe of Idaho, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of Anfierica in Congress assembled, That, subject to valid existing rights, all of the right, title, and interest of the United States in the following described tracts of land, and the improvements thereon, that were acquired and that are now administered by the Secretary of the Interior for the benefit of the Kootenai Tribe of Idaho,

October 18, 1974 [S. 634]

Indians. Kootenai Tribe of Idaho. Lands in trust.

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Administration.

Claims offset against U.S. 25 USC 70a.

PUBLIC LAW 93-459-OCT. 20, 1974

[88

STAT.

are hereby declared to be held by the United States in trust for said tribe: TRACT NUMBERED 1. Part of lot 3 in section 20, township 62 north, range 1 east, Boise meridian. Boundary County, Idaho, described as follows: Beginning at a point 20 rods south and 20 rods west of the northeast corner of lot 3, section 20, thence west 20 rods, thence south 20 rods, thence east 20 rods, thence north 20 rods to place of beginning, containing 2.50 acres, more or less. TRACT NUMBERED 2. That part of lot numbered 3 in section 20, township 62 north, range 1 east, Boise meridian. Boundary County, Idaho, described as follows: Beginning at a point 20 rods south of the northeast corner of lot 3, thence west 20 rods, thence south 20 rods, thence west 10 rods, thence south 40 rods, thence east 30 rods, thence north 60 rods, to place of beginning, containing 10.00 acres, more or less. SEC. 2. The above-described property shall be administered in accordance with the laws and regulations applicable to Indian tribal trust property. SEC. 3. The Indian Claims Commission is directed to determine in accordance with the provisions of the Act of August 13, 1946 (60 Stat. 1050), the extent to which value of the title conveyed should or should not be set off against any claim against the United States determined by the Commission. Approved October 18, 1974. Public Law 93-459

October 20, 1974 [S. 1794]

Government Printing Office. 44 USC 308.

AN ACT To amend section 308 of title 44, United States Code, relating to the disbursing officer, deputy disbursing officer, and certifying officers and employees of the Government Printing Office.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) section 308 of title 44, United States Code, is amended to read as follows: "§308. Disbursing officer; deputy disbursing officer; certifying officers and employees ''(a) The Public Printer shall appoint from time to time a disbursing officer of the Government Printing Office (including the Office of the Superintendent of Documents) who shall be under the direction of the Public Printer. The disbursing officer shall (1) disburse moneys of the Government Printing Office only upon, and in strict accordance with, vouchers certified by the Public Printer or by an officer or employee of the Government Printing Office authorized in writing by the Public Printer to certify such vouchers, (2) make such examination of vouchers as may be necessary to ascertain whether they are in proper form, certified, and approved, and (3) be held accountable accordingly. However, the disbursing officer shall not be held accountable or responsible for any illegal, improper, or incorrect payment resulting from any false, inaccurate, or misleading certificate, the responsibility for which, under subsection (c) of this section, is imposed upon a certifying officer or employee of the Government Printing Office.

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" (b)(1) Upon the death, resignation, or separation from office of the disbursing officer, his accounts may be continued, and payments and collection may be made in his name, by any individual designated as a deputy disbursing officer by the Public Printer, for a period of time not to extend beyond the last day of the second month following the month in which the death, resignation, or separation occurred. Accounts and payments shall be allowed, audited, and settled, and checks signed in the name of the former disbursing officer by a deputy disbursing officer shall be honored in the same manner as if the former disbursing officer had continued in office. "(2) A former disbursing officer of the Government Printing Offic3 or his estate may not be subject to any legal liability or penalty for the official accounts or defaults of the deputy disbursing officer acting in the name or in the place of the former disbursing omjer. Each deputy disbursing officer is responsible for accounts entrusted to him under paragraph (1) of this subsection, and the deputy disbursing officer is liable for any default occurring during his service under such paragraph. "(c)(1) The Public Printer may designate in writing officers and employees of the Government Printing Offifee to certify vouchers for payment from appropriations and funds. Such officers and employees shall (A) be responsible for the existence and correctness of the facts recited in the certificate or other voucher or its supporting papers and for the legality of the proposed payment under the appropriation or fund involved, (B) be responsible and accountable for the correctness of the computations of certified vouchers, and (C) be accountable for, and required to make restitution to, the United States for the amount of any illegal, improper, or incorrect payment resulting from any false, inaccurate, or misleading certificate made by him, as well as for any payment prohibited by law or which did not represent a legal obligation under the appropriation or fund involved. However, the Comptroller General of the United States, may, at his discretion, relieve such certifying officer or employee of liability for any payment otherwise proper whenever he finds that (i) the certification was based on the official records and that such certifying officer or employee did not know, and by reasonable diligence and inquiry could not have ascertained, the actual facts, or (ii) when the obligation was incurred in good faith, the payment was not contrary to any statutory provision specifically prohibiting payments of the character involved, and the United States has received value for such payment. The Comptroller General shall relieve such certifying officer or employee of liability for an overpayment for transportation services made to any common carrier covered by section 66 of title 49, whenever he finds that the overpayment occurred solely because the administrative examination made prior to payment of the transportation bill did not include a verification of transportation rates, freight classifications, or land grant deductions, "(2) The liability of such certifying officers or employees shall be enforced in the same manner and to the same extent as provided by law with respect to the enforcement of the liability of disbursing and other accountable officers. Such certifying officers and employees shall have the right to apply for and obtain a decision by the Comptroller General on any question of law involved in a payment on any vouchers presented to them for certification.". (b) Item 308 contained in the analysis of chapter 3 of such title 44 is amended to read as follows: "308. Disbursing officer; deputy disbursing officer; certifying officers and employees.". Approved October 20, 1974.

1385

^

Liability.

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PUBLIC LAW 93-460-OCT. 20, 1974

[88 STAT.

Public Law 93-460 October 20, 1974 [H. R.13261]

International Claims Settlement Act of 1949, amendments. 22 USC 1621 note. Claims funds. 22 USC 1641a. 24 UST 522. 22 USC 1641b.

Claims of U.S. nationals.

Filing of c l a i m s, time limit; notice. 22 USC 1641e.

P u b l i c a t i o n in Federal Register.

P u b l i c a t i o n in Federal Register.

Payment of awards. 22 USC 16411.

AN ACT To amend the International Claims Settlement Act of 1949, as amended, to provide for the timely determination of certain claims of American nationals settled by the United States-Hungarian Claims Agreement of March 6, 1973, and for other purposes.

Be is enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the International Claims Settlement Act of 1949, as amended, is further amended as follows: (1) Section 302, title III, is amended by adding a new subsection (c) as follows: '•(c) The Secretary of the Treasury shall cover into the Hungarian Claims Fund, such sums as may be paid to the United States by the Government of Hungary pursuant to the terms of the United StatesHungarian Claims Agreement of March 6, 1973.". (2) Section 303, title III, is further amended by striking out the word "and" at the end of paragraph (3), and by striking out the period at the end of paragraph (4) and inserting in lieu thereof a semicolon and the word "and". (3) Section 303, title III, is further amended by adding a new paragraph (5) as follows: "(5) pay effective compensation for the nationalization, compulsory liquidation, or other taking of property of nationals of the United States in Hungary, between August 9, 1955, and the date the United States-Hungarian Claims Agreement of March 6, 1973, enters into force.". (4) Section 306, title III, is further amended— (A) by inserting in subsection (a), immediately before "this title", the following: "paragraph (1), (2), or (3) of section 303of"; and (B) by adding at the end thereof the following: "(c) Within thirty days after enactment of this subsection, or thirty days after enactment of legislation making appropriations to the Commission for payment of administrative expenses incurred in carrying out its functions under paragraph (5) of section 303, whichever date is later, the Commission shall publish in the Federal Register the time when, and the limit of time within which, claims may be filed with the Commission under paragraph (5) of section 303, which limit shall not be more than six months after such publication. " (d) Notwithstanding any other provision of this section, any national of the United States who was mailed notice by any department or agency of the Government of the United States with respect to filing a claim against the Government of Hungary arising out of any of the failures referred to in paragraph (1), (2), or (3) of section 303 of this title, and who did not receive the notice as the result of administrative error in placing a nonexistent address on the notice, may file with the Commission a claim under any such paragraph. The Commission shall publish in the Federal Register, within thirty days after enactment of this paragraph, when the limit of time within which any such claim may be filed with the Commission, which limit shall not be more than six months after such publication.". (5) Section 310, title III, is further amended by adding at the end of subsection (a) thereof a new paragraph (7), as follows: " (7)(A) Except as otherwise provided in subparagraph (D), whenever the Commission is authorized to settle claims by enactment of paragraph (5) of section 303 of this title with respect to Hungary, no further payments shall be authorized by the Secretary of the

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1387

Treasury on account of awards certified by the Commission under paragraphs (2) and (3) of section 303 out of the Hungarian Claims 22 USC 1641b. Fund until payments on account of awards certified under paragraph (6) of section 303 with respect to such fund have been authorized in equal proportions to payments previously authorized on existing awards certified under paragraphs (2) and (3) of section 303. " (B) Except as otherwise provided in subparagraph (D), with respect to awards previously certified under paragraph (1) of section 303, the Secretary of the Treasury shall not authorize any further payments until payments on account of awards certified under paragraphs (2), (3), and (5) of section 303 have been authorized in equal proportions to payments previously authorized on existing awards certified under paragraph (1) of section 303. " (C) Except as otherwise provided in subparagraph (D), the Secreretary of the Treasury shall not authorize any further payments on account of awards certified under paragraph (3) of section 303 based on Kingdom of Hungary bonds expressed in United States dollars or upon awards to Standstill creditors of Hungary that were the subject matter of the agreement of December 5, 1969, between the Government of Hungary and the American Committee for Standstill creditors of Hungary. " (D) No payments shall be authorized by the Secretary of the Treasury on account of awards certified by the Commission under paragraph (5) of section 303 of this title, and no further payments shall be so authorized under paragraphs (1), (2), or (3) of section 303 (except payments certified as the result of claims filed under subsection (d) of section 306), until payments on account of awards certi- 22 USC i64ie. fied under such paragraphs (1), (2), and (3) as the result of a claims filed under subsection (d) of section 306 have been authorized in equal proportions to payments previously authorized on existing awards certified under such paragraphs and arising out of claims filed other than under such subsection (d). " (E) The Secretary of the Treasury is authorized and directed to eiafm'"'"' °' '''^' deduct the sum of $125,000 from the Hungarian Claims Fund and cover such amount into the Treasury to the credit of miscellaneous receipts in satisfaction of the claim of the United States referred to in article 2, paragraph 4 of the United States-Hungarian Claims 24 UST 522. Agreement of March 6, 1973, Such amount shall be deducted in annual installments over the period during which the Government of Hungary makes payments to the Government of the United States as provided in article 4 of the agreement.", (6) Section 316, title III, is amended by adding a new subsection ^^ ^^'^ ^^^^°(c) as follows: "(c) The Commission shall complete its affairs in connection with the settlement of claims pursuant to paragraph (5) of section 303 of this title not later than two years following the deadline established under subsection (c) of section 806 of this title.". Approved October 20, 1974. Public Law 93-461 AN ACT To repeal the "cooly trade " laws.

October 20, 1974 [s. 2220]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That sections 2158- "Cooiy trade" 2163, Revised Statutes, and sections 1, 2, and 4 of the Act of March 3, ^^^' ^^^^^ ' 1875 (ch. 141, 18 Stat. 477) (8 U.S.C. 331-339), are hereby repealed. Approved October 20, 1974.

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[88 STAT.

Public Law 93-462 October 20. 1974

[H. R. 9075]

Members of Congress. District office equipment, purchase.

2 USC 5S a.

•Member." 'District."

2 USC 59b.

^^

ACT

To authorize the disposition of certain office equipment and furnishings, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) notwithstanding any other provision of law, a Member may purchase, upon leaving office or otherwise ceasing to be a Member (except by expulsion), any item or items of office equipment or office furnishings provided by the General Services Administration and then currently located and in use in an office of such Member in the district then represented by such Member, (b) Each purchase of equipment or furnishings under subsection (a) of this section shall be— (1) in accordance with regulations which shall be prescribed by the Committee on House Administration, after consultation with the General Services Administration; and (2) at a price equal to the acquisition cost to the Federal Government of the equipment or furnishings so purchased, less allowance for depreciation determined under such regulations, but in no instance less than the fair market value of such items. (c) Amounts received by the Federal Government from the sale of items of office equipment or office furnishings under this section shall be remitted to the General Services Administration and credited to the appropriate account or accounts. (d) For the purposes of this section— (1) "Member" means a Member of, Delegate to, or Resident Commissioner in, the House of Representatives; and (2) "district" means a congressional district, the District of Columbia (with respect to any office of the Delegate from the District of Columbia situated at any place in the District other than at the United States Capitol), the Virgin Islands, Guam, Puerto Rico, and, in the case of a Rapresentativc at Large, a State. SEC. 2. (a) Notwithstanding any other provision of law, a United States Senator may purchase, upon leaving office or otherwise ceasing to be a Senator (except by expulsion), any item or items of office equipment or office furnishings provided by the General Services Administration and then currently located and in use in an office of such Senator in the State then represented by such Senator. (b) A t the request of any United States Senator, the Sergeant at Arms of the Senate shall arrange for and make the purchase of equipment and furnishings under subsection (a) of this section on behalf of such Senator. Each such purchase shall be— (1) in accordance with regulations which shall be prescribed by the Committee on Rules and Administration of the Senate, after consultation with the General Services Administration; and (2) at a price equal to the acquisition cost to the Federal Government of the equipment or furnishings so purchased, less allowance for depreciation determined under such regulations, but in no instance less than the fair market value of such items. (c) Amounts received by the Federal Government from the sale of items of office equipment or office furnishings under this section shall be remitted to the General Services Administration and credited to the appropriate account or accounts. Approved October 20, 1974.

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PUBLIC LAW 93-463-OCT. 23, 1974

1389

Public Law 93-463 AN ACT To amend the Commodity Exchange Act to strengthen the regulation of futures trading, to bring all agricultural and other commodities traded on exchanges under regulation, and for other purposes.

October 23, 1974 [H. R. 13113]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may p^j°|^'^°xra^dij, be cited as the "Commodity Futures Trading Commission Act of commission A"^ 1974'-. of 1974. 7 USC 4a note.

TITLE r—COMMODITY F U T U R E S T R A D I N G COMMISSION SEC. 101. (a) Section 2(a) of the Commodity Exchange Act, as amended (7 U.S.C. 2,4), is amended— (1) By inserting " (1) " after the subsection designation. (2) By striking the last sentence of section 2(a) and inserting in lieu thereof the following new sentence: "The words 'the Commission' shall mean the Commodity Futures Trading Commission established under paragraph (2) of this subsection." (3) By adding at the end thereof the following new paragraphs: "(2) There is hereby established, as an independent agency of the United States Government, a Commodity Futures Trading Commission. The Commission shall be composed of a Chairman and four other Commissioners, who shall be appointed by the President, by and with the advice and consent of the Senate. In nominating persons for appointment, the President shall seek to establish and maintain a balanced Commission, including, but not limited to, persons of demonstrated knowledge in futures trading or its regulation and persons of demonstrated knowledge in the production, merchandising, processing or distribution of one or more of the commodities or other goods and articles, services, rights and interests covered by this Act. Not more than three of the members of the Commission shall be members of the same political party. Each Commissioner shall hold office for a term of five years and until his successor is appointed and has qualified, except that he shall not so continue to serve beyond the expiration of the next session of Congress subsequent to the expiration of said fixed term of office, and except (A) any Commissioner appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed for the remainder of such term, and (B) the terms of office of the Commissioners first taking office after the enactment of this paragraph shall expire as designated by the President at the time of nomination, one at the end of one year, one at the end of two years, one at the end of three years, one at the end of four years, and one at the end of five years. "(3) A vacancy in the Commission shall not impair the right of the remaining Commissioners to exercise all the powers of the Commission. "(4) The Commission shall have a General Counsel, who shall be appointed by the Commission and serve at the pleasure of the Commission. The General Counsel shall report directly to the Commission and serve as its legal advisor. The Commission shall appoint such other attorneys as may be necessary, in the opinion of the Commission, to assist the General Counsel, represent the Commission in all disciplinary proceedings pending before it, represent the Commission in courts of law whenever appropriate, assist the Department of Justice in handling litigation concerning the Commission in

Commodity F u t u r e s Trading Commission. Establishment. Chairman and Commissioners. 7 USC 4a.

General C o u n s e l.

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