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Great L a k e s and Saint Lawrence Seaway, s u r v e y.

Navigation s e a son, e x t e n s i o n.

Report to Congress. Appropriation, Shippers and v e s s e l s, insurance r a t e s, study.

Report to Congress. Cuyahoga River B a s i n, Ohio, s t u d y.

Federal and State a g e n c i e s, cooperation.

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[84 STAT.

Kaiieohe Bay, Oahii, Hawaii, with a view of recommending improvements in the interests of polhition abatement, navigation, recreation, and overall bay development. Wailua, Kauai, Hawaii (beach erosion). West Hawaii, Kona area, Hawaii, Hawaii (beach erosion). Maunalua Bay, Oahu, Hawaii (beach erosion). Hanauma Bs.y, Oahu, Hawaii (beach erosion). Kaaawa area, Oahu, Hawaii (beach erosion). Hauula area, Oahu, Hawaii (beach erosion). Mokuleia area,Oahu,Hawaii (beach erosion). Keehi Lagoon area, Oahu, Hawaii (beach erosion). Sandy Beach Park, Oahu, Plawaii (beach erosion). Ewa Beach, Oahu, Hawaii (beach erosion). Maile-Waianae coast area, Oahu, Hawaii (beach erosion). SEC. 107. (a) The Secretary of the Anny, acting through the Chief of Engineers, is authorized to conduct a survey of the Oreat Lakes and Saint Lawrence Seaway to determine the feasibility of means of extending the navigfition season in accordance with the recommendations of the Chief of Engineers in his report entitled "Great Lakes and Saint Lawrence Seaway—Navigation Season Extension." (b) The Secretary of the Army, acting through the Chief of Engineers, in cooperation with the Departments of Transportation, Interior, and Commerce, including specifically the Coast Guard, the Saint Lawrence Seaway Development Corporation, and the Maritime Administration; the Environmental Protection Agency; other interested Federal agencies, and non-Federal public and private interests, is authorized and directed to undertake a program to demonstrate the practicability of extending the navigation season on the Great Lakes and Saint Lawrence Seaway. Such program shall include, but not be limited to, ship voyages extending beyond the normal navigation season; observation and surveillance of ice conditions and ice forces; environmental and ecological investigations; collection of technical data related to improved vessel design; ice control facilities, and aids to navigation; physical model studies; and coordination of the collection and dissemination of inf onnation to shippers on weather and ice conditions. The Secretary of the Army, acting through the Chief of Engineers, shall submit a report describing the results of the program to the Congress not later than July 30, 1974. There is authorized to be appropriated to the Secretary of the Army not to exceed $6,500,000 to carry out this subsection. (c) The Secretary of Commerce, acting through the Maritime Administration, in consultation with other interested Federal agencies, representatives of the merchant marine, insurance companies, industry, and other interested organizations, shall conduct a study of ways and means to provide reasonable insurance rates for shippers and vessels engaged in waterborne commerce on the Great Lakes and the Saint Lawrence Seaway beyond the present navigation season, and shall submit a report, together with any legislative recommendations, to Congress by June 30, 1971. SEC. 108. (a) The Secretary of the Army, acting through the Chief of Engineers, is authorized to investigate, study, and undertake measures in the interests of water quality, environmental quality, recreation, fish and wildlife, and flood control, for the Cuyahoga River Basin, Ohio. Such measures shall include, but not be limited to, clearing, snagging, and removal of debris from the river's bed and banks; dredging and structural works to improve streamflow and water quality; and bank stabilization by vegetation and other means. I n carrying out such studies and investigations the Secretary of the Army, acting through the Chief of Engineers, shall cooperate with interested Federal and State agencies.

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(b) Prior to initiation of measures authorized by this section, such non-Federal public interests as the Secretary of the Army, acting through the Chief of Engineers, may require shall agree to such conditions of cooperation as the Secretary of the Army, acting through the Chief of Engineers, determines appropriate, except that such conditions shall be similar to those required for similar project purposes in other Federal water resources projects. SEC. 109. (f) Section 110 of the River and Harbor Act of 1958 (72 ^11^^^°^^ Tcanai Stat. 297) is amended to read as follows: addiAonT/'fund"! ' "(f) There is hereby authorized to be appropriated the sum of 76stat. 1179. $2,000,000 to carry out the provisions of this section and, upon completion of transfer to the State of Illinois of all right, title, and interest of the United States in and to the canal, an additional sum of $6,528,000 to be expended for the repair, modification, and maintenance of bridges, title transfer, modification or rehabilitation of hydraulic structures, fencing, clearing auxiliary ditches, and for the repair and modification of other canal property appurtenances, notwithstanding subsection (b) of this section." SEC. 110. The project for the Trinity River and tributaries, Texas, Trinity River authorized in section 301 of the River and Harbor Act of 1965 (79 T'^X." "^"^^" Stat. 1073) is hereby modified to provide that not to exceed $75,000 of the costs incurred in 1968 and 1969 by the Trinity River Authority of Texas for aerial photography and mosaic preparation furnished to and accepted by the Secretary of the Army, acting through the Chief of Engineers, shall be credited as a part of the local contribution required of such authority for such project. SEC. 111. In all cases where real property shall be taken by the United ^^^^ property, States for the public use in connection wnth any improvement of '^°'"P®"^^ ^°"* rivers, harbors, canals, or waterways of the United States, and in all condemnation proceedings by the United States to acquire lands or easements for such improvements, the compensation to be paid for real property taken by the United States above the normal high water mark of navigable waters of the United States shall be the fair market value of such real property based upon all uses to which such real property may reasonably be put, including its highest and best use, any of which uses may be dependent upon access to or utilization of such navigable waters. In cases of partial takings of real property. Restriction. no depreciation in the value of any remaining real property shall be recognized and no compensation shall be paid for any damages to such remaining real property which resvilt from loss of or reduction of access from such remaining real property to such navigable waters because of the taking of real property or the purposes for which such real property is taken. The compensation defined herein shall apply t-o all acquisitions of real property after the date of enactment of this Act, and to the determination of just compensation in any condemnation suit pending on the date of enactment hereof. SEC. 112. (a) Subsection (a) of section 107 of the River and Harbor Act of 1960 (33 U.S.C. 577) is amended by striking out "$10,000,000'' 79 Stat. 1095. and inserting in lieu thereof "$25,000,000". Subsection (b) of such section 107 is amended by striking out "$500,000" and inserting in lieu thereof "$1,000,000". (b) Section 3 of the Act entitled "An Act authorizing Federal participation in the cost of protecting the shores of publicly owned property", approved August 13, 1946, as amended (33 U.S.C. 426g), IS amended (1) by striking out "$10,000,000" and inserting in lieu thereof "$25,000,000", and (2) by striking out "$500,000" and inserting in lieu thereof "$1,000,000". (c) The amendments made by this section shall not apply to any project under contract for construction on the date of enactment of this Act.

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5 9 Stat. 10. 33 USC 544b, 603a. Spaniard Creek, Okla., bridge construction. 60 Stat. 634.

Chicago River, 111., channel clearance.

Appropriation. Port Oxford, Ore., project. 79 Stat. 1089.

74 Stat. 480.

72 16 79 16

Stat. 563. u s e 661 note. Stat. 216. u s e 4 60^-

Charter fishing craft.

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[84 STAT.

SEC. 113. The New York Harbor Collection and Eemoval of Drift project is hereby modified substantially in accordance with the plans on file in the Office, Chief of Engineers^ subject to the approval of such plans and recommendations for requirements of local cooperation by the Secretary of the Army and the President. Any disposal of materials in carrying out this project shall be in accordance with Federal and State laws and regulations with respect to the control of air and water pollution. SEC. 114. The project for Santa Barbara Harbor, California, authorized by the River and Harbor Act approved March 2, 1945, is hereby modified to provide that the dredging and maintenance of such project shall be the responsibility of the United States. SEC. 115. The multiple-purpose plan for improvement of the Arkansas River and tributaries, authorized by the River and Harbor Act of July 24, 1946, as amended and modified, is hereby further modified to authorize the Secretary of the Army, acting through the Chief of Engineers, to construct a bridge and necessary approach facilities across Spaniard Creek, Muskogee Count}^, Oklahoma, as a replacement for the former bridge which was removed in connection with the construction of Lock and Dam Numbered 16. Appropriate non-Federal interests as determined by the Secretary of the Army, acting through the Chief of Engineers, shall own, operate, and maintain the bridge and approach facilities after completion of construction. SEC. 116. (a) The Secretary of the Army, acting through the Chief of Engineers, is authorized to undertake measures to clear the channel of the North Branch of the Chicago River, Illinois, of fallen trees, roots, and other debris and objects which contribute to flooding, unsightliness, and pollution of the river. (b) Prior to initiation of measures authorized by this section, such non-Federal interests as the Secretary of the Army, acting through the Chief of Engineers, may require shall agree to such conditions of cooperation as the Secretary of the Army, acting through the Chief of Engineers, determines appropriate, except that such conditions shall be similar to those required for similar project purposes in other Federal water resources projects. (c) There is authorized to be appropriated to the Secretary of the Army not to exceed $200,000 for the Federal share of the project. SEC. 117. The project for Port Orford, Oregon, authorized by the River and Harbor Act of 1965 in accordance with the recommendations of the Chief of Engineers in Senate Document Numbered 62, Eightyeighth Congress, is hereby modified to provide for maintenance of a suitable channel to the existing port facilities, not exceeding the sixteen-foot natural depth available at the time of project authorization, subject to the conditions that local interests agree to (1) provide without cost to the United States all necessary lands, easements, and rights-of-way; and (2) hold and save the United States free from damages due to the work. No such dredging shall be performed within fifty feet of the docks. SEC. 118. The project for the Ouachita and Black Rivers, Arkansas and Louisiana, authorized by the River and Harbor Act of 1960, is hereby modified to provide for the acquisition of lands for establishment of national wildlife refuges, under the provisions of Public Law 85-624 and section 6(c) of Public Law 89-72, at an estimated additional Federal cost of $13,500,000, substantially in accordance with the report of the Chief of Engineers dated November 25, 1970, subject to approval by the Secretary of the Army and the President. SEC. 119. The Chief of Engineers, for the purpose of determining Federal and non-Federal cost sharing, relating to proposed construction of small-boat navigation projects, shall consider charter fishing craft as commercial vessels.

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Rh mangled him again had he not been held back by the bystanders.

What need of many words? When the King insisted, sometimes with threats, sometimes with coaxing, the sewer confessed the crime of which he had been guilty, and humbly prayed to be forgiven. But the King, blazing out in an excess of fury, delivered the sewer up to be kept in prison, and immediately summoned the chief men from the whole of his kingdom to meet, and through them he held an investigation into the circumstances of this great crime, Sentence was given. The sewer was flayed alive and hanged. The Queen was torn limb from limb by horses and thrown into balls of flame.

Arthur, dismount and eat. For yours is a mighty question, and there are few who know how to answer it: and when I have told my tale you will be but little the wiser.

Arthur. If you are not tired of eating, you need not mind my fasting a little longer.

(18) Gorlagon. After these events the King pondered over the extraordinary sagacity and industry of the wolf with close attention and great persistence, and afterwards discussed the subject more fully with his wise men, asserting that a being who was clearly endued with such great intelligence must have the understanding of a man, "for no beast," he argued, "was ever found to possess such great wisdom, or to show such great devotion to any one as this wolf has shown to me. For he understands perfectly whatever we say to him: he does what he is ordered: he always stands by me, wherever I may be: he rejoices when I rejoice, and when I am in sorrow, he sorrows too. And you must know that one who has avenged with such severity the wrong which has been done me must undoubtedly have been a man of great sagacity and ability, and must have assumed the form of a wolf under some spell or incantation." At these words the wolf, who was standing by the King, showed great joy, and licking his hands and feet and


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SEC. 120. Paragraph (1) of subsection (p) of section 11 of the Federal Water Pollution Control Act, as amended, is amended by inserting ^"'®' P* ^'• after the word "size", in the first sentence thereof, a new clause as follows: "but not including any barge that is not self-propelled and that does not c a r i r oil as cargo or fuel," SEC. 121. The Secretary of the Army, acting through the Chief of AiiskarinvVstigaEngineera, in cooperation with the Secretary of Housing and Urban tion. Development shall investigate the T^-K Street slide area in Anchorage, Alaska, with a view of determining the practicability and the feasibility of corrective measures that would permit federal mortgage insurance under the National Housing Act for homes and multifamily \l ^gj.* l^^f' structures in the area and shall report thereon to the Congress. and note. SEC. 122. Not later than July 1, 1972, the Secretary of the Army, ^^^P°'^ '° conacting through the Chief of Engineers, after consultation with appro- ^''^^^' priate Federal and State officials, shall submit to Congress, and not ronmlnui e«ec'ts, later than ninety days after submission, promulgate guidelines report to congress, designed to assure that possible adverse economic, social and environmental effects relating to any proposed project have been fully considered in developing such project, and that the final decisions on the project are made in the best over all public interest, taking into consideration the need for flood control, navigation and associated purposes, and the cost of eliminating or minimizing such adverse affects and the following: (1) Air, noise, and water pollution; (2) destruction or disruption of man-made and natural resources, esthetic values, community cohesion and the availability of public facilities and services; (3) adverse employment effects and tax and property value losses; (4) injurious displacement of people, businesses, and farms; and (5) disruption of desirable community and regional growth. Such guidelines shall apply to all projects authorized in this Act and proposed projects after the issuance of such guidelines. SEC. 123. (a) The Secretary of the A m y, acting through the Chief dispo"sal7alnm"s. of Engineers, is authorized to construct,, operate,, and maintain, subject to the provisions of subsection (c), contained spoil disposal facilities of sufficient capacity for a period not to exceed ten years, to meet the requirements of this section. Before establishing each such facility, the Secretary of the Army shall obtain the concurrence of appropriate local governments and shall consider the views and recommendations of the Administrator of the Environmental Protection Agency and shall comply with requirements of section 21 of the Federal Water Pollution Control A.ct, and of the National Environ- ^"^^' p. 107. mental Policy Act of 1969. Section 9 of the River and Harbor Act of ^^ ^*|^- ^^^^ ^^^ 1899 shall not apply to any facility authorized by this section. note. (b) The Secretary of the Army, acting through the Chief of Engi- 3° Stat. n s i. neers, shall establish the contained spoil disposal facilities authorized '^° * in subsection (a) at the earliest practicable date, taking into consideration the views and recommendations of the Administrator of the Environmental Protection Agency as to those areas which, in the Administrator's judgment, are most urgently in need of such facilities and pursuant to the requirements of the National Environmental Policy Act of 1969 and the Federal Water Pollution Control Act. (c) Prior to construction of any such facility, the appropriate State or States, interstate agency, municipality, or other appropriate political subdivision of the State shall agree in writing to (1) furnish all lands, easements, and rights-of-way necessary for the construction, operation, and maintenance of the facility; (2) contribute to the United States 25 per centum of the construction costs, such amount

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54 his cloak into his mouth, and by a movement of the head invited him to follow him. The King, who understood the wolf's customary signals, got up and followed him through the different bedchambers to the underground room where the boy was hidden away. And finding the door bolted the wolf knocked three or four times with his paw, as much as to ask that it might be opened to him. But as there was some delay in searching for the key—for the Queen had hidden it away—the wolf, unable to endure the delay, drew back a little, and spreading out the claws of his four paws he rushed headlong at the door, and driving it in, threw it down upon the middle of the floor broken and shattered. Then running forward he took the infant from its cradle in his shaggy arms, and gently held it up to the King's face for a kiss. (17) The King marvelled and said, "There is something beyond this which is not clear to my comprehension." Then he went out after the wolf, who led the way, and was conducted by him to the dying sewer; and when the wolf saw the sewer, the King could scarcely restrain him from rushing upon him. Then the King sitting down in front of the sewer's couch, questioned him as to the cause of his sickness, and as to the accident which had occasioned his wounds. The only confession, however, he would make was that in rescuing the boy from the wolf, the wolf had attacked him; and he called the Queen to witness to the truth of what he said. The King in answer said, "You are evidently lying: my son lives: he was not dead at all, and now that I have found him and have convicted both you and the Queen of treachery to me, and of forging lying tales, I am afraid that something else may be false also. I know the reason why the wolf, unable to bear his master's disgrace, attacked you so savagely, contrary to his wont. Therefore confess to me at once the truth of the matter, else I swear by the Majesty of highest Heaven that I will deliver thee to the flames to burn." Then the wolf making an attack upon him pressed him close, and would have


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[84

STAT.

to be payable either in cash prior to construction, in installments during construction, or in installments, with interest at a rate to be determmed by the Secretary of the Treasury, as of the beginning of the fiscal year in which construction is initiated, on the basis of the computed average interest rate payable by the Treasury upon its outstanding marketable public obligations, which are neither due or callable for redemption for fifteen years from date of issue; (3) hold and save the United States free from damages due to construction, operation, and maintenance of the facility; and (4) except as provided in subsection (f), maintain the facility after completion of its use for disposal purposes in a manner satisfactory to the Secretary of the Army. Waiver. (d) The requirement for appropriate non-Federal interest or interests to furnish an agreement to contribute 25 per centum of the construction costs as set forth in subsection (c) shall be waived by the Secretary of the Army upon a finding by the Administrator of the Environmental Protection Agency that for the area to which such construction applies, the State or States involved, interstate agency, municipality, and other appropriate political subdivision of the State and industrial concerns are participating in and in compliance with an approved plan for the general geographical area of me dredging activity for construction, modification, expansion, or rehabilitation of waste treatment facilities and the Administrator has found that applicable water quality standards are not being violated. (e) Notwithstanding any other provision of law, all costs of disposal of dredged spoil from the project for the Great Lakes connecting channels, Michigan, shall be borne by the United States. Title retention. (f) The participating non-Federal interest or interests shall retain title to all lands, easements, and rights-of-way furnished by it pursuant to subsection (c). A spoil disposal facility owned by a non-Federal interest or interests may be conveyed to another party only after completion of the facility's use for disposal purposes and after the transferee agrees in writing to use or maintain the facility in a manner which the Secretary of the Army determines to be satisfactory. Use c h a r g e s. (g) Any spoil disposal facilities constructed under the provisions of this section shall be made available to Federal licensees or permittees upon payment of an appropriate charge for such use. Twenty-five per centum of such charge shall be remitted to the participating nonFederal interest or interests except for those excused from contributing to the construction costs under subsections (d) and (e). Applicability. (h) This section, other than subsection (i), shall be applicable only to the Great Lakes and their connecting channels. Navigable w a t e r s, (i) The Chief of Engineers, under the direction of the Secretary of etc., extension, the Army, is hereby authorized to extend to all navigable waters, constudy. necting channels, tributary streams, other waters of the United States and waters contiguous to the United States, a comprehensive program of research, study, and experimentation relating to dredged spoil. This program shall be carried out in cooperation with other Federal and State agencies, and shall include, but not be limited to, investigations on the characteristics of dredged spoil, and alternative methods of its disposal. To the extent that such study shall include the effects of such dredge spoil on water quality, the facilities and personnel of the Environmental Protection Agency shall be utilized. Citation of title. SEC. 124. Title I of this Act may be cited as the "River and Harbor Act of 1970". TITLE II — F L O O D CONTROL 82 Stat. 739. 33 USC 701c note, 701-1 note.

SEC. 201. Sections 201 and 202 and the last three sentences in section 203 of the Flood Control Act of 1968 shall apply to all projects authorized in this title. The following works of improvement for the benefit of navigation and the control of destructive floodwaters and

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56 pressing close to his knees, showed by the expression of his countenance and the gesture of his whole body that the King had spoken the truth.

(19) Then the King said, "See with what gladness he agrees with what I say, and shows by unmistakable signs that I have spoken the truth. There can now be no further doubt about the matter, and would that power might be granted me to discover whether by some act or device I might be able to restore him to his former state, even at the cost of my worldly substance; nay, even at the risk of my life." So, after long deliberation, the King at length determined that the wolf should be sent off to go before him, and to take whatever direction he pleased whether by land or by sea. "For perhaps," said he, "if we could reach his country we might get to know what has happened and find some remedy for him."

So the wolf was allowed to go where he would, and they all followed after him. And he at once made for the sea, and impetuously dashed into the waves as though he wished to cross. Now his own country adjoined that region, being, however, separated from it on one side by the sea, though in another direction it was accessible by land, but by a longer route. The King, seeing that he wished to cross over, at once gave orders that the fleet should be launched and that the army should assemble.

Arthur, dismount and eat. For yours is a weighty question: and few there are who know how to answer it: and when I have told my tale you will be but little the wiser.

Arthur. The wolf being desirous of crossing the sea, is standing on the beach. I am afraid that if he is left alone he will be drowned in his anxiety to get over.

(20) Gorlagon. So the King, having ordered his ship, and duly equipped his army, approached the sea with a great force of soldiers, and on the third day he landed safely at the wolf's country; and when they reached the shore the


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other purposes are hereby adopted and authoiized to be prosecuted by the Secretary of the Army, acting through the Chief of Engineers, in accordance with the plans and subject to the conditions recommended to be the Chief of Engineers in the respective reports hereinafter designated. A R K A N S A S RIVER BASIN"

The project for flood protection and other purposes on the Deep Fork River in the vicinity of Arcadia, Oklahoma, is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers in House Document Numbered 91-299, at an estimated cost of $24,900,000. ARKANSAS-RED RIVER B A S I N

The project for water quality control in the Arkansas-Red River Basin, Texas, Oklahoma, and Kansas, designated as Part I, authorized by the Flood Control Act of 1966, is hereby modified to include Part II of such project, substantially in accordance wath the recommendations of the Chief of Engineers in his report dated May 6, 1970, except that the amount authorized for Part I shall be utilized for initiation and partial accomplishment of Parts I and 11. Construction shall not be initiated until approved by the Secretary of the Army and the President.

^o Stat. 1420.

LOWER M I S S I S S I P P I RIVER B A S I N

The project for flood control and improvement of the lower Mississippi River, adopted by the Act of May 15, 1928 (45 Stat. 534), as amended and modified, is hereby further modified and expanded to include the project for flood protection within the areas of eastern Rapides and south-central Avoyelles Parishes, Louisiana, that are drained by the Bayou des d a i s e s diversion channel, and Lake Long, and their tributaries, substantially in accordance with the recommendations of the Chief of Engineers in Senate Document Numbered 91-lia, at an estimated cost of $15,333,000.

33 USC 702a et seq.

M I S S O U R I RIVER B A S I N

The project for flood protection and other purposes in the Blue River Basin, vicinity of Kansas City, Missouri and Kansas, is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers in House Document Numbered 91-332, except that not to exceed $40,000,000 is authorized for initiation and partial accomplisliment of the project. Construction of the Tomahawk Creek Reservoir shall not be initiated until the Secretary of the Army has been assured by the Chief of Engineers that the most feasible combination of improvements having the most favorable impact upon the environment and future development of the Tomahawk Creek Watershed has been assured. The project for Oahe Dam and Reservoir, Missouri River, North ^^f^l^^"^ ^"'^ Dakota, is hereby authorized substantially in accordance with the Reservoir. recommendations of the Chief of Engineers in Senate Document Numbered 91-23, at an estimated cost of $732,000. RED RIVER o r THE

NORTH

The project for flood protection and other purposes on Wild Rice River, Minnesota, is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers in House Document Numbered 366, Ninetieth Congress, at an estimated cost of $8,359,000.

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[84 STAT.

The project for flood protection and other purposes on the Sheyenne River, North Dakota, is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers m House Document Numbered 91-330, at an estimated cost of $20,000,000. SOUEIS RIVER B A S I N

The project for Burlington Dam and Reservoir on the Souris River, North Dakota, for flood protection and other purposes, is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers in House Document Numbered 91-321, at an estimated cost of $29,240,000. SAXTA BARBARA C O U N T Y COASTAL STREAMS

The project for flood protection on Atascadero Creek and its tributaries of Goleta, California, is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers in House Document Numbered 91-392, at an estimated cost of $13,830,000. S A B I N E RIVER B A S I N

The project for flood protection and other purposes in the Sabine River Basin, Texas and Louisiana, is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers in House Document Numbered 91-429, except that not to exceed $40,000,000 is authorized for initiation and partial accomplishment of the project. U P P E R M I S S I S S I P P I RIVER B A S I N

The project for flood protection on the Mississippi River at Davenport, Iowa, is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers in his report dated December 4, 19T0, at an estimated cost of $12,263,000. Construction shall not be initiated until approved by the Secretary of the Army and by the President. O H I O RIVER B A S I N

The project for flood protection on Mill Creek, Ohio, is hereby authorized, substantially m accordance with the recommendations of the Chief of Engineers in House Document Numbered 91-413, at an estimated cost of $32,642,000. GREAT L A K E S B A S I N Mich.

Ellicott Creek, N.Y.

Study, report to Congress.

The project for flood protection along Red Run Drain and Lower Clinton River, Michigan, is hereby authorized, substantially in accordance with the recommendations of the Chief of Engineers in House Document Numbered 91-431, except that not to exceed $40,000,000 is authorized for initiation and partial accomplishment of the project. The project for the Sandridge Dam and Reservoir, Ellicott Creek, New York, for flood protection and other purposes is hereby authorized, substantially in accordance with the recommendations of the Chief of Engineers in his report dated November 25, 1970, at an estimated cost of $19,070,000. Construction shall not be initiated until approved by the Secretary of the Army and the President. Prior to the commencement of this project, including, but not limited to, acquisition of real property, the Secretary of the Army, acting through the Chief of Engineers, shall investigate all possible alternative methods, including, but not limited to, possible relocation of elements

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of the project, installation of channels, provision of levees and floodwalls, decreasing of size of project facilities, rerouting of streams, raising or lowering pools, and deepening channels and movement on the stream, or any combination of the foregoing that can accomplish the purposes of this project and shall report his findings and determinations to the Congress. COMMONWEALTH

OF PUERTO RICO

The project for flood protection and other purposes for Portugues Dam and Reservoir, Puerto Rico, is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers in House Document Numbered 91-422, at an estimated cost of $11,110,000. The project for flood protection and other purposes for Cerrillos Dam and Reservoir, Puerto Rico, is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers in House Document Numbered 91-422, at an estimated cost of^ $16,351,000. The project for flood protection and other purposes for channel improvement at Ponce, Puerto Rico, is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers in House Document Numbered 91-422, at an estimated cost of $14,295,000. SACRAMENTO RIVER B A S I N

The project for flood protection and other purposes on Cottonwood Creek, California, is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers in his report dated December 14, 1970, except that not to exceed $40,000,000 is authorized for initiation and partial accomplishment of the project. Construction shall not be initiated until approved by the Secretary of the Army and the President. SAN J O A Q U I N RIVER B A S I N

The project for Merced County Streams, California, is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers in his report dated November 25, 1970, at an estimated cost of $37,260,000. Construction shall not be initiated until approved by the Secretary of the Army and the President. KANF>OIIE-KAILUA AREA, O A H U,

HAWAII

The project for flood protection in the Kaneohe-Kailua area on the east coast of the island of Oahu, Hawaii, is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers in his report dated November 23, 1970, at an estimated cost of $7,249,000. Construction shall not he initiated until approved by the Secretary of the Army and the President. S E C 202. (a) The plan for flood protection in the Big Sandy River °\'° ^/J-Tct Basin, Kentucky, West Virginia, and Virginia, included in the com- modifi'cati°in! rehensive plan for flood control in the Ohio River Basin, authorized y the Flood Control Act, approved June 22, 1936 (49 Stat. 1570), as amended and modified, is hereby further modified to authorize the Secretary of the Army, acting through the Chief of Engineers, to relocate I^visa Fork of the Big Sandy River at Pikeville, Kentucky, and to construct related drainage facilities, in connection with the city of Pikeville's model city program. Such channel relocation shall be accomplished by excavation of an open cut to connect the points of the horseshoe bend in Levisa Fork at Pikeville, and the open cut shall be designed and constructed to such dimensions and grades as will permit

I

47-348 O - 72 - 32 (Pt. 2)

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Participating agencies, agree« ment.

50 Stat. 877. 33 USC 701c.

43 USC 1501 note, Puerto Rico,

Reports to Congress.

East Grand Forks, Minn.

64 Stat. 170. 33 USC 701c

Wolf ereek Park rea, Tex.

PUBLIC LAW 91-611-DEC. 31, 1970

[84 STAT.

relocation of the river with the Chesapeake and Ohio Railway on the left descending bank and the United States Highway Numbered 23 on the right descending bank of such open cut. Spoil material from the open cut shall be utilized for filled areas included in the model city plan. (b) The work authorized by this section shall not be commenced until an agreement satisfactory to the Secretary of the Army, acting through the Chief of Engineers, has been entered into with the Department of Housing and Urban Development, the State Highway Department of Kentucky, the Federal Highw^ay Administration, the Appalachian Regional Commission, the Chesapeake and Ohio Railw^ay Company, the city of Pikeville, and other participating agencies, relative to the financial responsibility of each participant in the model city project; and appropriate non-Federal interests have furnished the cooperation required by section 3 of the Flood Control Act, approved June 22, 1936 (49 Stat. 1570), as amended. Financial participation of the Department of the Army shall be based upon an equitable distribution of costs among the participants. SEC. 203. The Secretary of the Army, acting through the Chief of Engineers, is authorized to cooperate and participate with concerned Federal, State, and local agencies in preparing the general plan for the development of the water resources of the western United States authorized by the Colorado River Basin Project Act (82 Stat. 885). SEC. 204. (a) The Secretary of the Army, acting through the Chief of Engineers, is authorized to cooperate with the Commonw^ealth of Puerto Rico, political subdivisions thereof, and appropriate agencies and instrumentalities thereof, in the preparation of plans for the development, utilization, and conservation of water and related land resources of drainage basins and coastal areas in the Commonwealth of Puerto Rico, and to submit to Congress reports and recommendations with respect to appropriate participation by the Department of the Army in carrying out such plans. Such plans that may be recommended to the Congress shall be harmonious components of overall development plans being formulated by the Commonwealth and shall be fully coordinated with all interested Federal agencies. (b) The Secretary of the Army, acting through the Chief of Engineers, shall consider plans to meet the needs of the Commonwealth for protection against floods, wnse use of flood plain lands, improvement of navigation facilities, regional water supply and waste management systems, outdoor recreational facilities, the enhancement and control of water quality, enhancement and conservation of fish and wildlife, beach erosion control, and other measures for environmental enhancement. SEC. 205. Notwithstanding the first proviso in section 201 of the Acts entitled "An Act authorizing the construction, repair, and preservation of certain public works on rivers and harbors for navigation, flood control, and for other purposes" approved June 30, 1948 (62 Stat. 1171), and May 17, 1950 (64 Stat. 63), the authorization in section 203 of the Act of June 30, 1948, and section 204 of the Act of May 17, 1950, of the project for local protection at East Grand Forks, Minnesota, shall expire on April 17, 1975, unless local interests shall before such date furnish assurances satisfactory to the Secretary of the Army that the required local cooperation in such project will be furnished. SEC. 206. The Secretary of the Army, acting through the Chief of Engineers, is authorized and directed to elevate, relocate, or make such other changes as may be necessary to insure that the road located in the Wolf Creek Park area, running in an east-west direction and crossing Wolf Creek, Harris Branch, and Strain Branch in the Navarro Mills Reservoir, Texas, wall at all times be above elevation four hundred and forty-three feet above mean sea level.

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SEC. 207. Paragraph (2) under the heading "Lower Mississippi River Basin'* in section 203 of the Flood Control Act of 1966 (Public Law 89-789) is amended by striking out "Baton Rouge, Louisiana," 8° Stat. 1420. and inserting in lieu thereof "Cairo, Illinois,". SEC. 208. Subsection (b) of the first section of the Act entitled "An Act authorizing Federal participation in the cost of protecting the shores of publicly owned property.", approved August 13, 1946 (33 U.S.C. 426e(b)), is amended by inserting " (1) " after "except that", ^/^tftfIm.' by striking out "and, further, that" and inserting " (2) " in lieu thereof, and by inserting before the period at the end thereof a comma and the following: "and (3) Federal participation in the cost of a project providing hurricane protection may be, in the discretion of the Secretary of the Army, acting through the Chief of Engineers, not more than 70 per centum of the total cost exclusive of land costs." SEC. 209. It is the intent of Congress that the objectives of enhancing regional economic development, the quality of the total enviroimient, including its protection and improA'ement, the well-being of the people of the United States, and the national economic development are the objectives to be included in federally financed water resource projects, and in the evaluation of benefits and cost attributable thereto, giving due consideration to the most feasible alternative means of accomplishing these objectives. bEC. 210. The project for the western Kentucky tributaries (Obion obion creek,Ky. Creek), Kentucky, authorized as part of the comprehensive plan for the lower Mississippi Basin in the Flood Control Act of 1965, is hereby ^9 Stat. io76. modified to provide that the Secretary of the Army, acting through the Chief of Engineers, shall, after the date of enactment of this Act, relocate at Federal expense all transmission lines (both ^as and electric) in western Kentucky required to be relocated by this project or, at his discretion, reimburse or credit local interests for such relocations made by them. SEC. 211. (a) Section 3013 of title 10, United States Code, is amended si Stat. 523. by striking out "four Assistant Secretaries" and inserting in lieu thereof the following: "five Assistant Secretaries", and by adding at the end thereof the following: "One of the Assistant Secretaries shall be the Assistant Secretary of the Army for Civil Works. He shall have as his principal duty the overall supervision of the functions of the Department of the Army relating to programs for conservation and development of the national water resources including flood control, navigation, shore protection, and related purposes." (b) Paragraph (15) of section 5315 of title 5, United States Code, is 82 Stat. 1312. amended by striking o u t " (4) " and inserting in lieu thereof " (5)". SEC. 212. The Secretary of the Army, acting through the Chief of Guadalupe River, Engineers, is authorized, in the interests of flood control and related '^^''" purposes, to remove logjams in the lower Guadalupe River, Texas. Prior to the undertaking of the work authorized by this section, appropriate non-Federal interests shall agree to furnish without cost to the United States lands, easements, and rights-of-way necessary for the work, to hold and save the United States free from damages due to the work and to perform all such work thereafter. SEC. 213. The Secretary of the Army, acting through the Chief of Niobrara, Nebr. Engineers, is authorized to resolve the seepage and drainage problem in the vicinity of the town of Niobrara, Nebraska, that may be related to operation of Gavins Point Dam and Lewis and Clark Lake project, Nebraska and South Dakota, subject to a determination by the Chief of Engineers with the approval of the Secretary of the Army, of the most feasible solution thereto. There is authorized to be appropriated Appropriation. to the Secretary not to exceed $7,800,000, to carry out this section.

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 1830 Coal River B a s i n, W. Va.

Klamath River, Calif. 80 Stat. 1421.

Project review; report to Congress,

Surveys; reports to C o n g r e s s.

PUBLIC LAW 91-611-DEC. 31, 1970

[84

STAT.

SEC. 214. The Secretary of the Army, acting through the Chief of Engineers, is authorized and directed to perform dredging operations in the Coal River Basin, West Virginia, for the purpose of improving the channel capacities in the interest of flood control. Such operations shall be performed on an interim basis pending completion of the Kanawha River Basin comprehensive study being undertaken by Federal and State agencies and implementation of the pertinent study recommendations by the Secretary of the Army. Appropriate nonFederal public interests as determined by the Secretary oi the Army, acting through the Chief of Engineers, shall, prior to initiation of dredging operations, agree to furnish the necessary lands, disposal areas, easements, and rights-of-way, and hold and save the United States free from damages due to the dredging operations. SEC. 215. The project for flood protection on the Klamath River at and in the vicinity of Klamath, California, authorized by the Flood Control Act of 1966 (80 Stat. 1205), is hereby modified to require the Secretary of the Army, acting through the Chief of En^rineers, to provide, as an essential part of the project, bank protection works extending approximately two miles downstream from the project to protect the north bank of the river from erosion due to Klamath River flows. Xon-Federal interests shall furnish lands and interests therein necessary for the works, hold and save the United States free from damages due to the works, and operate and maintain the works after completion. SEC. 216. The Secretary of the Army, acting through the Chief of Engineers, is authorized to review the operation of projects the construction of which has been completed and which were constructed by the Corps of Engineers in the interest of navigation, flood control, water supply, and related purposes, when found advisable due the significantly changed physical or economic conditions, and to report thereon to Congress with recommendations on the advisability of modifying the structures or their operation, and for improving the quality of the environment in the overall public interest. SEC. 217. The Secretary of the Army is hereby authorized and directed to cause surveys for flood control and allied purposes, including channel and major drainage improvements, and floods aggravated by or due to wind or tidal effects, to be made under the direction of the Chief of Engineers, in drainage areas of the United States and its territorial possessions, which include the localities specifically named in this section. After the regular or formal reports made on any survey authorized by this section are submitted to Congress, no supplemental or additional report or estimate shall be made unless authorized by law except that the Secretary of the Army may cause a review of any examination or survey to be made and a report thereon submitted to Congress, if such review is required by the national defense or by changed physical or economic conditions. Great Swamp, Xew River l^asin. South Carolina. Streams flowing through West Brazoria County Drainage District Numbered 11 in Brazoria County, Texas. Vermilion River, Ohio. Huron River, Ohio. Black River, Lorain County, Ohio. Black Creek, Clay County, Florida. Grand Lake, St. Marys, Ohio. Coody Creek, Muskogee, Oklahoma. Kapaa Sti^am, Kauai, Hawaii. AVaikomo Stream, Kauai, Hawaii. Hanalei River, Kauai, Hawaii. Waikane Stream, Oahu, Hawaii. Moanalua Stream, Oahu, Hawaii.

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STAT.]

PUBLIC LAW 91-611-DEC. 31, 1970

Waihee Stream, Oahu, Hawaii. Waikele Stream, Oahu, Hawaii. Kamananui Stream, Oahu, Hawaii. Kahana Stream, Oahu, Hawaii. Waolani Stream, Oahu, Hawaii. Kaaawa Stream, Oahu, Hawaii. Makaha Stream, Oahu, Hawaii. Olowalu Stream, Maui, Hawaii. Palai, Four Mile Creek, Hawaii, Hawaii. Kona, Hawaii, Hawaii. SEC. 218. The Claremont Dam and Reservoir, New Hampshire, authorized by the Flood Control Act approved June 28, 1938 as a part of the comprehensive plan for flood control and other purposes for the Connecticut River Basin, is not authorized after the date of enactment of this Act. SEC. 219. The Secretary of the Army, acting through the Chief of Engineers, is hereby authorized to provide bank revetment works along the Ohio River at Newburgh, Indiana, to protect public and private property and facilities threatened by erosion. SEC. 220. I n addition to previous authorizations, there is hereby authorized to be appropriated the sum of $1,400,000 for the prosecution of the Comprehensive Plan for the Upper Mississippi River Basin, approved in the Act of June 28, 1938, as amended and supplemented by subsequent acts of Congress. SEC. 221. (a) After the date of enactment of this Act, the construction of any water resources project by the Secretary of the Army, acting through the Chief of Engineers, or by a non-Federal interest where such interest will be reimbursed for such construction under the provisions of section 215 of the Flood Control Act of 1968 or under any other provision of law, shall not be commenced until each non-Federal interest has entered into a written agreement with the Secretary of the Army to furnish its required cooperation for the project. (b) A non-Federal interest shall be a legally constituted public body with full authority and capability to perform the terms of its agreement and to pay damages, if necessary, in the event of failure to perform. (c) Every agreement entered into pursuant to this section shall be enforcible in the appropriate district court of the United States. (d) After commencement of construction of a project, the Chief of Engineers may undertake performance of those items of cooperation necessary to the functioning of the project for its purposes, if he has first notified the non-Federal interest of its failure to perform the terms of its agreement and has given such interest a reasonable time after such notification to so perform. (e) The Secretary of the Army, acting through the Chief of Engineers, shall maintain a continuing inventory of agreements and the status of their performance, and shall report thereon annually to the Congress. (f) This section shall not apply to any project the construction of which was commenced before January 1, 1972. SEC. 222. The Secretary of the Interior in financing the relocation of the existing Placer County Road from Auburn to Foresthill, California, as part of the construction of the Auburn Dam and Reservoir on the Aubum-Folsom South Unit of the Central Valley Project, California, may provide for the cost of construction of a two-lane river level bridge across the North Fork of the American River with a substructure and deck truss capable of supporting a four-lane bridge. SEC. 223. Section 204 of the Flood Control Act of 1950 is amended by adding at the end of the authorizations set forth under the center heading "COLUMBIA RIVER BASIN" the following new paragraph:

1831

c l a r e m o n t Dam and Reservoir, N. H., authorization termination. 52 Stat. 1216. Ohio River, Newburgh, Ind.

Upper M i s s i s sippi River Basi.n.

52 Stat. 1218. Written a g r e e ment requirement.

82 Stat. 747. 42 USC 1962d-5a.

Non-Federal interest.

Inventory, report to C o n g r e s s.

B r i d g e, American River, Calif.

Railroad employee compensation. 64 Stat. 178.

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Appropriation. Ohio River B a s i n, project modification.

80 Stat. 1422. Study, report to Congress.

Study, report to Congress.

Missouri River B a s i n, project modification.

PUBLIC LAW 91-611-DEC. 31, 1970

[84 STAT.

"The Secretary of the Army, acting through the Chief of Engineers, is authorized to pay to those railroad employees suffering long-term economic injury through reduction of income as the result of the relocation of rail transportation facilities due to the construction of Libby Dam, Montana, such sums as he determines equitable to compensate such employees for such injury. There is authorized to be appropriated to carry out this paragraph, not to exceed $900,000." SEC. 224. That the plan for flood protection in the Big Sandy River Basin, Kentucky, West Virginia, and Virginia included in the comprehensive plan for flood control in the Ohio River Basin, authorized by the Flood Control Act, approved June 22, 1936 (49 Stat. 1570), as amended and modified is hereby further modified to authorize the Secretary of the Army, acting through the Chief of Engineers, to provide the towns of Williamson and Matewan, West Virginia, with comprehensive flood protection by a combination of local flood protection works and residential flood proofing and to initiate advanced engineering design and construction thereof as described by the Chief of Engineers in Report on Tug Fork, July 1970, at a total cost not to exceed $10,000,000, except that no funds shall be appropriated to carry out this section until such modification is approved by the Appalachian Regional Commission and the President. SEC. 225. Subsection (b) of section 206 of the Flood Control Act of 1960, as amended (33 U.S.C. 709a), is further amended by striking out "$7,000,000" and inserting in lieu thereof "$11,000,000." SEC. 226. The Secretary of the Army, acting through the Chief of Engineers, is authorized and directed to review and study the operation of the Fort Randall multiple-purpose project. South Dakota, with a view to determining the advisability of modifying the project facilities or the regulation of the impounded waters, or both, and report thereon to the Congress. SEC. 227. The Secretary of the Army, acting through the Chief of Engineers, is authorized and directed to review and study the operation of the Summersville Lake multiple-purpose project, Gauley River, West Virginia, with a view to determining the advisability of modifying the project facilities or the regulation of the impounded waters, or both, and report thereon to the Congress. SEC. 228. The comprehensive plan for flood control and other purposes in the Missouri River Basin, as authorized by the Act of June 28, 1938 (52 Stat, 1215), and as modified and expanded by subsequent Acts, is further modified to authorize the Secretary of the Army, acting through the Chief of Engineers, to construct a bridge across the Missouri River at an appropriate location midway between Bismarck, North Dakota, and Mobridge, South Dakota, in accordance with such plans as determined to be satisfactory by the Secretary of the Army so as to provide adequate crossing facilities over such river for highway traffic in the area. Prior to construction the Secretary of the Army, acting through the Chief of Engineers, shall enter into an agreement with appropriate non-Federal interests as determined by him, which shall provide that after construction such non-Federal interests shall own, operate toll free, and maintain such bridge and approach facilities. SEC, 229. The comprehensive plan for flood control and other purposes in the Missouri River Basin, as authorized by the Act of June 28, 1938 (52 Stat. 1215), and as modified and expanded by subsequent Acts, is further modified to authorize the Secretary of the Army, acting through the Chief of Engineers, to construct a bridge over the Little Missouri River at the Garrison Reservoir in the vicinity of Eagle l^ay in Dunn County, North Dakota, in accordance wnth such plans as are determined to be satisfactory by the Secretary of the Army in

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PUBLIC LAW 91-611-DEC. 31, 1970

order to provide adequate crossing facilities over such river for highway traffic in the area. Prior to construction the Secretary of the Army, acting through the Chief of Engineers, shall enter into an agreement with appropriate non-Federal interests as determined by him, which shall provide that after construction such non-Federal interests shall own, operate toll free, and maintain such bridges and approach facilities. SEC. 230. The project for the Perry Dam and Eeservoir, Delaware River, Kansas, authorized as a unit of the comprehensive plan for fiood control and other purposes, Missouri River Basin, by the Flood Control Act approved September 3, 1954, is hereby modified to authorize the Secretary of the Army, acting through the Chief of Engineers, to pave, with a bituminous surface, approximately five miles of Road " B ", a segment of the relocation of F A S 328 from United States Route 24 to Kansas Route 92, Jefferson County, Kansas. SEC. 231. (a) The Secretary of the Army, acting through the Chief of Engineers, is authorized to cooperate with the Commonwealth of Kentucky, political subdivisions thereof, appropriate agencies and instrumentalities thereof, the Forest Service, Department of Agriculture, and the Bureau of Outdoor Recreation, Department of the Interior, with a view to determining the feasibility and desirability of establishing a national recreation area generally encompassing in whole or in part the Kentucky River navigation project and reservoir projects in the upper Kentucky and Licking River Basins and adjacent and intervening areas, and to submit to the Congress reports and recommendations with respect to appropriate participation by the Department of the Army in carrying out such recommendations. (b) Such studies shall review the reports of the Chief of Engineers contained in House Document 423, Eighty-seventh Congress, and the investigation authorized by the Flood Control Act of 1936, Public Law 783, Seventy-fourth Congress, and other appropriate reports, and shall consider plans to meet the needs of the Commonwealth for improvement of navigation facilities, outdoor recreational facilities, enhancement and conservation of fish and wildlife, and other measures for environmental enhancement. (c) Such plans which may be recommended to the Congress shall be harmonious components of overall development plans being formulated by the Commonwealth and shall be fully coordinated with, all interested Federal agencies. SEC. 232. The project for Libby Dam, Kootenai River, Montana, authorized by the Flood Control Act approved May 17, 1950 (64 Stat. 170), is hereby modified to provide that the Secretary of the Army, acting through the Chief of Engineers is authorized and directed, as part of the relocation of municipal facilities of Rexford, Montana, to design and construct a central sewage collection and sewage treatment facility. SEC. 233. The Chief of Engineers, under the direction of the Secretary of the Army, is hereby authorized and directed to review and study the effects of strip mining operations upon navigable rivers and their tributaries, including water resource projects under his jurisdiction, and report on such studies to the Committees on Public Works of the Senate and the House of Representatives, within one year from the date of enactment of this Act, with recommendations as to measures necessary to mitigate any adverse conditions due to strip mining practices. SEC. 234. Section 207 of the Flood Control Act of 1962 (Public Law 87-874), is amended by changing the period after the word "necessary", to a comma, and inserting the following: "including but not limited to prohibitions of dumping and unauthorized disposal in any manner of refuse, garbage, rubbish, trash, debris, or litter of any kind at such

1833

Missouri River B a s i n, project modification. 68 Stat. 1261.

Feasibility s t u d y, report to Congress.

49 Stat. 1570. 33 USC 701a.

Libby Dam, Koot e n a i River, Mont., project modification. 33 USC 701-1 note.

Strip mining; report to congressional committees.

76 Stat. 1195. 16 USC 460d.

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PUBLIC LAW 91-611-DEC. 31, 1970

[84 STAT.

water resource development projects, either into the waters of such projects or onto any land federally owned and administered by the Enforcement. Chief of Engineers. Any violation of such rules and regulations shall be punished by a fine of not more than $500 or imprisonment for not more than six months, or both. Any persons charged with the violation of such rules and regulations may be tried and sentenced in accordance with the provisions of section 3401 of title 18 of the United States 82 Stat. 1115. Code. All persons designated by the Chief of Engineers for that purpose shall have the authority to issue a citation for violation of the regulations adopted by the Secretary of the Army, requiring the appearance of any person charged with violation to appear before the United States magistrate, within whose jurisdiction the water resource development project is located, for trial; and upon sworn information of any competent person any United States magistrate in the proper jurisdiction shall issue process for the arrest of any person charged with the violation of said regulations; but nothing herein contained shall be construed as preventing the arrest by any officer of the United States, without process, of any person taken in the act of violating said regulations." RiverB^'aiinrs^tudy. ^^^- P^' ^^) ^ h e Secretary of the Army, acting through the Chief of Engineers, is authorized and directed, as part of the comprehensive study of the water and related resources of the Susquehanna River Basin, to investigate and study, in cooperation with the Administrator of the Environmental Protection Agency and other interested departments, agencies, and instrumentalities of the Federal Government and of the governments of States and their political subdivisions, the availability, quality, and use of waters within the basin with a view toward assisting in the preparation of a comprehensive plan for the development, conservation, and use of such waters. Tile Environmental Protection Agency shall have the responsibility in carrying out this section for those aspects of the development, conservation, and use of such waters which are essentially within its jurisdiction. (b) I n connection with such investigations and studies the Secretary of the Arm3% acting through the Chief of Engineers, and in cooperation with the Environmental Protection Agency and all other interested Federal agencies, shall make such studies and develop such plans as deemed necessary for the construction, operation, and maintenance of facilities in selected regions of the basin, including augmentation of streamflows by releases of stored waters. (c) Such facilities may include, but shall not be limited to, water conveyance systems; regional waste treatment, interceptor, and holding facilities; water treatment facilities; and facilities and methods for recharging ground water reservoirs. Report to Con(^^^ 'pj^g Secretary of the Army, acting through the Chief of Engigress. neers, shall submit to the Congress any and all parts of plans prepared pursuant to this section, which are approved by the Susquehanna River Basin Commission as in accordance with its comprehensive plan for the immediate and longrange development and use of the water resources of the basin, including all recommendations of the Environmental Protection Agency with respect to matters under its jurisdiction, and shall include recommendations for authorization and appropriate financial participation and cooperation by the States, political subdivisions thereof, and other local interests.

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PUBLIC LAW 91^13-DEC. 31, 1970

(e) I n determining the need for storage for regulation of streamflow and water release, the Secretary of the Army, acting through the Chief of Engineers, shall not be limited by the provisions of section 3(b)(1) and (4) of the Federal Water Pollution Control Act, but may include recommendations, if appropriate, which are consistent with section 8 of the Federal Water Pollution Control Act and other like project purposes of water resources projects. SEC. 236. Title II of this Act may be cited as the "Flood Control Act of 19Y0". Approved December 31. 1970.

1835

70 Stat. 4 9 8; 75 Stat. 204; 79 Stat. 9 0 3. 33 USC 4 6 6 a. 80 Stat. 1248. 33 USC 4 6 6 e. Citation of title.

Public Law 91-612 AN ACT For the relief of Elmer M. Grade and for other purposes.

December 31, 1970 [H. R. 6114]

Be it enacted by the Senate and House of Representatives of the Elmer M. Grade, United States of America in Congress assembled, That the Secretary relief; and p a s s e n of the Treasury is authorized and directed to pay, out of any funds in ger v e s s e l s, fire the Treasury not otherwise appropriated, to Elmer M. Grade, of ••eta'-dant materials Annandale, Virginia, the sum of $900 in full settlement of all his claims against the United States for reimbursement of expenses arising in connection with the sale of his Denver, Colorado, residence pursuant to his change of official station as an employee of the United States Department of Labor. SEC. '2. Xo part of the amount appropriated in this Act shall be paid or delivered to or received by any agent or attorney on account of services rendered in connection with such claim, and the same shall be unlawful, any contract to the contrary notwithstanding. Any person violating the provisions of this section shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not exceeding $1,000. SEC. 3. Section 4 of Public Law 89-777 (80 Stat. 1356 et seq.), as amended by Public Law 90-435 (82 Stat. 449), is further amended by changing the first sentence of the language of that section wiich amends subsection 5(b) of the Act of May 27, 1936 (49 Stat. 1384), 46 USC 3 6 9. to read: ''After November 1, 1970, no passenger vessel of the United States of one hundred gross tons or over, having berth or stateroom accommodations for fifty or more passengers, shall be granted a certificate of inspection by the Coast Guard unless the vessel is constructed of fire retardant material, except that this requirement shall not Exception. apply until November 1, 1973, with respect to a vessel operating solely on the inland rivers.". Approved December 31, 1970.

Public Law 91-613 AN ACT December 31, 1970

To amend the definition of "metal bearing ores" in the TarifE Schedules of the United States. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That headnote 2(a) of part 1 of schedule 6 of the Tariff Schedules of the United States (19 U.S.C. 1202) is amended by inserting "manganese," after "copper,". Approved December 31, 1970.

[H. R. 6049l '•Metal bearing ores." 77A Stat. 2 5 3; 79 Stat. 9 3 9.

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PUBLIC LAW 91-614-DEC. 31, 1970

[84 STAT.

Public Law 91-614 December 31, 1970 ^'^ ACT [H.R. 16199] To establish a working capital fund for the Department of the Treasury; to amend the Internal Revenue Code of 1954 to accelerate the collection of estate and gift taxes, to continue excise taxes on passenger automobiles and communications services; and for other purposes.

Excise, Estate, TusSint Actf^f* ^^^°*

68A Stat. 3.

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

of the

(a) SHORT TITLE.—This Act may be cited as the "Excise, Estate,

and Gift Tax Adjustment Act of 1970". (b) Wherever in this Act an amendment is expressed in terms of an amendment to a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1954,

26 USC 1.

TITLE I—ESTATE AND GIFT TAXES SEC. 101. ESTATE TAX. (a) ALTERNATE VALUATION.—Section 2032 (relating to alternate valuation) is amended— (1) by striking out "1 year" each place it appears and inserting in lieu thereof "6 months", and (2) by striking out "1-year" and inserting in lieu thereof "6-month". (b) T I M E FOR FILING ESTATE TAX RETURNS.—Section 6075(a)

(relating to time for filing estate tax returns) is amended by striking out "15 months" and inserting in lieu thereof "9 months". (c) CERTAIN REQUESTS SUBJECT TO POWER or APPOINTMENT.—Sec-

70 Stat. 1075.

tion 2055(b)(2)(C) is amended by striking out "one year" and inserting in lieu thereof "6 months". (d) DISCHARGE or FIDUCIARY FROM PERSONAL LIABILITY FOR ESTATE TAX.—

68A Stat. 401.

Post, p. 1838. 7 2 Stat! 1681.

(1) Section 2204 (relating to discharge of executor from personal liability) is amended— (A) by striking out " E X E C U TO R " in the heading of such section and inserting in lieu thereof " F I D U C I A R Y "; (B) by striking out "If the executor" and inserting in lieu thereof " (a) GENERAL RULE.—If the executor"; (C) by amending the last sentence thereof to read as follows: "The executor, on payment of the amount of which he is notified (other than any amount the time for payment of which is extended under section 6161, 6163, or 6166), and on fumishing any bond which may be required for any amount for which the time for payment is extended, shall be discharged from personal liability for any deficiency in tax thereafter found to be due and shall be entitled to a receipt or writing showing such discharge."; and (D) by adding at the end thereof the following new subsection: " (b) FIDUCIARY OTHER T H A N THE EXECUTOR.—If a fiduciary (not

including a fiduciary in respect of the estate of a nonresident decedent) other than the executor makes written application to the Secretary or his delegate for determination of the amount of any estate tax for which the fiduciary may be personally liable, and for discharge from personal liability therefor, the Secretary or his delegate upon the discharge of the executor from personal liability under subsection (a),

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PUBLIC LAW 91-614-DEC. 31, 1970

1837

or upon the expiration of 6 months after the making of such application by the fiduciary, if later, shall notify the fiduciary (1) of the amount of such tax for which it has been determined the fiduciary is liable, or (2) that it has been determined that the fiduciary is not liable for any such tax. Such application shall be accompanied by a copy of the instrument, if any, under which such fiduciary is acting, a description of the property held by the fiduciary, and such other information for purposes of carrying out the provisions of this section as the Secretary or his delegate may require by regulations. On payment of the amount of such tax for which it has been determined the fiduciary is liable (other than any amount the time for payment of which has not been extended under section 6161, 6163, or 6166), and on furnishing y°^^^^^' ^^^^' any bond which may be required for any amount for which the time yl gtat! lesi. for payment has been extended, or on receipt by him of notification 26 USC eiei, of a determination that he is not liable for any such tax, the fiduciary ^^^^' ^^^^* shall be discharged from personal liability for any deficiency in such tax thereafter found to be due and shall be entitled to a receipt or writing evidencing such discharge." (2) Sections 6040(2), 6314(c)(2), 6324(a)(3), and 6504(9) y^%Xf3^ are each amended by striking out "executor" each place it ap- go Stat. U32. pears in the heading and text of such sections and inserting in lieu thereof "fiduciary". (3) The table of sections for subchapter C of chapter 11 is amended by striking out "Sec. 2204. Discharge of executor from personal liability."

and inserting in lieu thereof: "Sec. 2204. Discharge of fiduciary from personal liability." (e) DISCHARGE or EXECUTOR FROM PERSONAL LIABILITY FOR DECEDENT'S INCOME AND G I F T TAXES.—

(1) Chapter 7,1 (relating to transferees and fiduciaries) is amended by adding at the end thereof the following new section: "SEC. 6905. DISCHARGE OF EXECUTOR FROM PERSONAL LIABILITY FOR DECEDENT'S INCOME A N D GIFT TAXES. " (a) DISCHARGE or LIABILITY.—In the case of liability of a decedent for taxes imposed by subtitle A or by chapter 12, if the executor makes written application (filed after the return with respect to such taxes is made and filed in such manner and such form as may be prescribed by regulations of the Secretary or his delegate) for release from personal liability for such taxes, the Secretary or his delegate may notify the executor of the amount of such taxes. The executor, upon payment of the amount of which he is notified, or 1 year after receipt of the application if no notification is made by the Secretary or his delegate before such date, shall be discharged from personal liability for any deficiency in such tax thereafter found to be due and shall be entitled to a receipt or writing showing such discharge. "(b) DEFINITION or EXECUTOR.—For purposes of this section, the term 'executor' means the executor or administrator of the decedent appointed, qualified, and acting within the United States. "(c) CROSS REFERENCE.— "For discharge of executor from personal liability for taxes imposed under chapter 11, see section 2204."

(2) The table of sections for chapter 71 is amended by adding at the end thereof the following: "Sec. 6905. Discharge of executor from personal liability for decedent's income and gift taxes."

esAstat. 84i.

"Executor."

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Page:United States Statutes at Large Volume 84 Part 2.djvu/508

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PUBLIC LAW 91-614-DEC. 31, 1970

[84 STAT.

(f) REDUCTION OF PERIOD FOR DISCHARGE OF EXECUTOR FROM PERSONAL LIABILITY.—Effective with respect to the estates of decedents

1837^' ^' ^"^' 68A Stat. 3^4; ^^26 USCT22'3.

68A Stat. 296.

72 Stat. 1684.

^y^^g ^^^^ December 31, 1973, sections 2204 and 6905 are each amended by striking out "1 year" and inserting in lieu thereof "9 months". (^) HoLDiNG PERIOD OF PROPERTY.—Section 1223 (relating to holding period of property) is amended by redesignating paragraph (11) as paragraph (12) and by inserting after paragraph (10) the following new paragraph: "(11) I n the case of a person acquiring property from a decedent or to whom property passed from a decedent (within ^^g meaning of section 1014(b)), if— " (A) the basis of such property in the hands of such person is determined under section 1014, and " (B) such property is sold or otherwise disposed of by such person within 6 months after the decedent's death, then such person shall be considered to have held such property for more than 6 months." (h) EXTENSION OF TIME.—The first sentence of paragraph (1) of subsection (a) of section 6161 (relating to extension of time for paying tax) is amended by striking out "6 months" and inserting in lieu thereof "6 months (12 months in the case of estate tax) ". (i)

80 Stat. 1107.

PLACE FOR FILING RETURNS.—

^3L^ Paragraph (3) of section 6091(b) (relating to place for filing returns or other documents) is amended to read as follows: "(3)

80 Stat. 1574.

ESTATE TAX RETURNS.—

" (A) GENERAL RULE.—Except as provided in subparagraph (B), returns of estate tax required under section 6018 shall be made to the Secretary or his delegate— " (i) in the internal revenue district in which was the domicile of the decedent at the time of his death, or "(ii) at a service center serving the internal revenue district referred to in clause (i), as the Secretary or his delegate may by regulations designate. " (B) EXCEPTION.—If the domicile of the decedent was not in an internal revenue district, or if he had no domicile, the estate tax return required under section 6018 shall be made at such place as the Secretary or his delegate may by regulations designate." (2) Paragraph (4) of section 6091(b) is amended to read as follows: "(4) HAND-CARRIED

RETURNS.—Notwithstanding

paragraph

(1), (2), or (3), a return to which paragraph (1)(A), (2)(A), or (3)(A) would apply, but for this paragraph, which is made to the Secretary or his delegate by hand-carrying shall, under regulations prescribed by the Secretary or his delegate, be made in the internal revenue district referred to in paragraph (1)(A) (i), (2)(A)(i), or (3)(A)(i), as the case may be." (j) EFFECTIVE DATE.—The amendments made by this section (other than subsection (f)) shall apply with respect to decedents dying after December 31, 1970. SEC. 102. GIFT TAX. (a)

AMENDMENTS TO SUBCHAPTER A OF CHAPTER (1) S E C T I O N 2501.—

12.—

(A) Paragraph (1) of subsection (a) of section 2501 is amended to read as follows: " (1) GENERAL RULE.—For the first calendar quarter of calendar year 1971 and each calendar quarter thereafter a tax, computed

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Page:United States Statutes at Large Volume 84 Part 2.djvu/509

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PUBLIC LAW 91-614-DEC. 31, 1970

as provided in section 2502, is hereby imposed on the transfer of property by gift during such calendar quarter by any individual, resident or nonresident." (B) Paragraph (4) of such subsection is amended by striking out "calendar year" and inserting in lieu thereof "calendar quarter". (2)

SECrriON2502.—

(A) So much of subsection (a) of section 2502 as precedes the rate schedule is amended to read as follows: " (a) COMPUTATION OF TAX.—The tax imposed by section 2501 for each calendar quarter shall be an amount equal to the excess of— "(1) a tax, computed in accordance with the rate schedule set forth in this subsection, on the aggregate sum of the taxable gifts for such calendar quarter and for each of the preceding calendar years and calendar quarters, over " (2) a tax, computed in accordance with such rate schedule, on the aggregate sum of the taxable gifts for each of the preceding calendar years and calendar quarters." (B) Subsections (b) and (c) of section 2502 are amended to read as follows: "(b) CALENDAR QUARTER,—Wherever used in this title in connection with the gift tax imposed by this chapter, the term 'calendar quarter' includes only the first calendar quarter of the calendar year 1971 and succeeding calendar quarters. "(c) PRECEDING CALENDAR YEARS AND QUARTERS.—Wherever used in this title in connection with the gift tax imposed by this chapter— " (1) The term 'preceding calendar years' means calendar years 1932 and 1970 and all calendar years intervening between calendar year 1932 and calendar year 1970. The term 'calendar year 1932' includes only the portion of such year after June 6, 1932. "(2) The term 'preceding calendar quarters' means the first calendar quarter of calendar year 1971 and all calendar quarters intervening between such calendar quarter and the calendar quarter for which the tax is being computed." (3)

SECTION 2503.—

(A) Subsection (a) of section 2503 is amended to read as follows: " (a) GENERAL DEFINITION.—The term 'taxable gifts' means, in the case of gifts made after December 31, 1970, the total amount of gifts made during the calendar quarter, less the deductions provided in subchapter C (sec. 2521 and following). I n the case of gifts made before January 1, 1971, such term means the total amount of gifts made during the calendar year, less the deductions provided in subchapter C," (B) The heading and first sentence of subsection (b) of section 2503 are amended to read as follows: "(b) EXCLUSIONS FROM GIFTS.—In computing taxable gifts for the calendar quarter, in the case of gifts (other than gifts of future interests in property) made to any person by the donor during the calendar year 1971 and subsequent calendar years, $3,000 of such gifts to such person less the aggregate of the amounts of such gifts to such person during all preceding calendar quarters of the calendar year shall not, for purposes of subsection (a), be included in the total amount of gifts made during such quarter." (4)

SECTION 2504.—

(A) Section 2504 is amended to read as follows:

1839

so Stat. 1574. 26 USC 2501. 68A Stat. 403..

Ante,p. isas.

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PUBLIC LAW 91-614-DEC. 31, 1970

[84 STAT.

"SEC.

Post, p. 1841.

2504. TAXABLE GIFTS FOR PRECEDING YEARS AND QUARTERS. " (a) IN GENERAL.—In computing taxable gifts for preceding calendar years or calendar quarters for the purpose of computing the tax for any calendar quarter, there shall be treated as gifts such transfers as were considered to be gifts under the gift tax laws applicable to the years or calendar quarters in which the transfers were made and there shall be allowed such deductions as were provided for under such laws; except that the specific exemption in the amount, if any, allowable under section 2521 shall be applied in all computations in respect of previous calendar years or calendar quarters for the purpose of computing the tax for any calendar year or calendar quarter. "(b)

EXCLUSIONS FROM G U T S FOR PRECEDING YEARS AND QUAR-

TERS.—In the case of gifts made to any person by the donor during preceding calendar years and calendar quarters, the amount excluded, if any, by the provisions of gift tax laws applicable to the years and calendar quarters in which the gifts were made shall not, for purposes of subsection (a), be included in the total amount of the gifts made during such years and calendar quarters. "(c)

Ante, p. 1839.

VALUATION OF CERTAIN GIFTS FOR PRECEDING CALENDAR YEARS

AND QUARTERS.—If the time has expired within which a tax may be assessed under this chapter or under corresponding provisions of prior laws on the transfer of property by gift made during a preceding caleudar year or calendar quarter, as defined in section 2502(c), and if a tax under this chapter or under corresponding provisions of prior laws has been assessed or paid for such preceding calendar year or calendar quarter, the value of such gift made in such preceding calendar year or calendar quarter shall, for purposes of computing the tax under this chapter for any calendar quarter, be the value of such gift which was used in computing the tax for the last preceding calendar year or calendar quarter for which a tax under this chapter or under corresponding provisions of prior laws was assessed or paid. " (d) NET GIFTS.—The term 'net gifts' as used in corresponding provisions of prior laws shall be read as 'taxable gifts' for purposes of this chapter." (B) The table of sections for subchapter A of chapter 12 is amended by striking out the item relating to section 2504 and inserting in lieu thereof the following: "Sac. 2504. Taxable gifts for preceding years and quarters." (b)

26^sc 25'*!°^*

AMENDMENTS TO SUBCHAPTER B OF CHAPTER 12.— (1) SECTION 2512.—Subsection (b) of section 2512

is amended by striking out "calendar year" and inserting in lieu thereof "calendar quarter". (2) SECTION 2513.— (A) Section 2513 is amended by striking out "calendar year" each place it appears and inserting in lieu thereof "calendar quarter". (B) Subparagraph (A) of subsection (b)(2) of section 2513 is amended to read as follows: " (A) the consent may not be signified after the 15th day of the second month following the close of such calendar quarter, unless before such 15th day no return has been filed for such calendar quarter by either spouse, in which case the consent may not be signified after a return for such calendar quarter is filed by either spouse;".

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Page:Folk-lore - A Quarterly Review. Volume 15, 1904.djvu/71

 Rh wolf was the first to leap from the ship, and clearly signified to them by his customary nod and gesture that this was his country. Then the King, taking some of his men with him, hastened secretly to a certain neighbouring city, commanding his army to remain on shipboard until he had looked into the affair and returned to them. However, he had scarcely entered the city when the whole course of events became clear to him. For all the men of that province, both of high and low degree, were groaning under the intolerable tyranny of the king who had succeeded to the wolf, and were with one voice lamenting their master, who by the craft and subtilty of his wife had been changed into a wolf, remembering what a kind and gentle master he was.

So having discovered what he wanted to know, and having ascertained where the king of that province was then living, the King returned with all speed to his ships, marched out his troops, and attacking his adversary suddenly and unexpectedly, slew or put to flight all his defenders, and captured both him and his Queen and made them subject to his dominion.

Arthur, dismount and eat. For yours is a mighty question: and there are few who know how to answer it: and when I have finished my tale you will be but little the wiser for it.

Arthur. You are like a harper who almost before he has finished playing the music of a song, keeps on repeatedly interposing the concluding passages without anyone singing to his accompaniment.

(21) Gorlagon. So the King, relying on his victory, assembled a council of the chief men of the kingdom, and setting the Queen in the sight of them all, said, "O most perfidious and wicked of women, what madness induced you to plot such great treachery against your lord! But I will not any longer bandy words with one who has been judged unworthy of intercourse with anyone; so answer


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PUBLIC LAW 91-614-DEC. 31, 1970

1841

(C) Subparagraph (B) of subsection (b)(2) of section 2513 is amended by striking out "such year" and inserting in lieu thereof "such calendar (quarter". (D) Subsection (c) of section 2513 is amended by striking out "15th day of April following the close of such year" and inserting in lieu thereof "15th day of the second month following the close of such calendar quarter". (E) Subsection (d) of section 2513 is amended by striking out "such year" and inserting in lieu thereof "such calendar quarter". (3) SECTION 2515.—Subsection (c) of section 2515 is amended by striking out "calendar year" and inserting in lieu thereof "calendar quarter". (c)

AMENDMENTS TO SUBCHAPTER C OF CHAPTER 12.— (1) SECTION 2521.Section 2521 is amended to read

esA Stat. 406. 26 USC 2513.

as follows:

"SEC. 2521. SPECIFIC EXEMPTION. " I n computing taxable gifts for a calendar quarter, there shall be allowed as a deduction in the case of a citizen or resident an exemption of $30,000, less the aggregate of the amounts claimed and allowed as a specific exemption in the computation of gift taxes for the calendar year 1932 and all calendar years and calendar quarters intervening between that calendar year and the calendar quarter for which the tax is being computed under the laws applicable to such years or calendar quarters." (2) SECTION 2522.—Section 2522 is amended by striking out "year" each place it appears and inserting in lieu thereof "quarter". (3) SECTION 2523.—Subsection (a) of section 2523 is amended by striking out "year" each place it appears and inserting in lieu thereof "quarter". (d)

MISCELLANEOUS AMENDMENTS.—

(1) Paragraph (2) of subsection (d) of section 1015 (relating to increased basis for gift tax paid) is amended— (A) by striking out "calendar year" the first place it appears therein and inserting in lieu thereof "calendar quarter (or calendar year if the gift was made before January 1, 1971)", and (B) by striking out "calendar year" every other place it appears therein and inserting in lieu thereof "calendar quarter or year". (2)

SECTION

'^'^ ^*^*- ^^'*°'

2012.

(A) Paragraph (1) of subsection (b) of section 2012 (relating to credit for gift tax) and paragraph (1) of subsection (d) of such section are each amended by striking out "the year" and inserting in lieu thereof "the calendar quarter (or calendar year if the gift was made before January 1, 1971)". (B) Subsection (d) of section 2012 is amended by striking out "such year" each place it appears therein and inserting in lieu thereof "such quarter or year". (3) Section 6019 (relating to gift tax returns) is amended to read as follows: "SEC. 6019. GIFT TAX RETURNS. " (a) IN GENERAL.—Any individual who in any calendar quarter makes any transfers by gift (other than transfers which under section 2503(b) are not to be included in the total amount of gifts for such

^"'«» P* 1839.

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PUBLIC LAW 91-614-DEC. 31, 1970

[84 STAT.

quarter and other than qualified charitable transfers) shall make a return for such quarter with respect to the gift tax imposed by sub"(b)

QUALIFIED CHARITABLE TRANSFERS.— "(1) RETURN REQUIREMENT.—A return

shall be made of any

qualified charitable transfer— " (A) for the first calendar quarter, in the calendar year in which the transfer is made, for which a return is required to be filed under subsection (a), or " (B) if no return is required to be filed under subparagraph (A), for the fourth calendar quarter in the calendar year in which such transfer is made. A return made pursuant to the provisions of this paragraph shall be deemed to be a return with respect to any transfer reported as a qualified charitable transfer for the calendar quarter in which such transfer was made. "(2)

68A Stat. 410;

53 Stat. 5 6 1. 26 USC 2522.

Ante, p. 1841.

OF QUALIFIED CHARITABLE

TRANSFER.—For

purposes of this section, the term 'qualified charitable transfer' means a transfer by gift with respect to which a deduction is allowable under section 2522 in an amount equal to the amount transferred. "(c)

TENANCY BY THE ENTIRETY.—

"For provisions relating to requirement of return in the case of election as to the treatment of gift by creation of tenancy by the entirety, see section 2515(c)." (4) Subsection (b) of section 6075 (relating to time for filing gift tax returns) is amended to read as follows: " (b) GiFT TAX REIXTRNS.—Retums made under section 6019 (relating to gift taxes) shall be filed on or before the 15th day of the second month following the close of the calendar quarter." (5) Paragraph (1) of subsection (c) of section 6212 (relating to notice of deficiency) is amended by striking out "calendar year" and inserting in lieu thereof "calendar quarter". (6) Subsection (b) of section 6214 (relating to determination by Tax Court) is amended to read as follows: "(b)

80 Stati 113 2.

DEFINITION

JURISDICTION OVER OTHER YEARS AND QUARTERS.—The

Tax

Court in redetermining a deficiency of income tax for any taxable year or of gift tax for any calendar year or calendar quarter shall consider such facts with relation to the taxes for other years or calendar quarters as may be necessary correctly to redetermine the amount of such deficiency, but in so doing shall have no jurisdiction to determine whether or not the tax for any other year or calendar quarter has been overpaid or underpaid." (7) Subsection (b) of section 6324 (relating to lien for gift tax) is amended by striking out "calendar year" and inserting in lieu thereof "period for which the return was filed". (8) Paragraph (2) of section 6501(e) (relating to limitations on assessment and collection) is amended by striking out "during the year" and inserting in lieu thereof "during the period for which the return was filed". (9) Section 6512 (relating to limitations in case of petition to Tax Court) is amended by striking out "the same calendar year" each place it appears therein and inserting in lieu thereof "the same calendar year or calendar quarter". (e) EFFECTIVE DATE.—The amendments made by this section shall apply with respect to gifts made after December 31, 1970.

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PUBLIC LAW 91-614-DEC. 31, 1970

1843

TITLE II — C O N T I N U A T I O N OF E X C I S E T A X E S ON P A S SENGEE AUTOMOBILES AND COMMUNICATIONS SERVICES SEC. 201. RATES OF TAX. (a)

PASSENGER AUTOMOBILES.—

(1) IN GENERAL—Section 4061(a)(2)(A) (relating to tax on passenger automobiles, etc.) is amended to read as follows: " (A) Articles enumerated in subparagraph (B) are taxable at whichever of the following rates is applicable: "If the article is sold— Before January 1, 1973 During 1973 During 1974, 1975, 1976, or 1977 During 1978 During 1979 During 1980 During 1981

The tax rate is— 7 percent. 6 percent. 5 percent. 4 percent. 3 percent. 2 percent. 1 percent.

The tax imposed by this subsection shall not apply with respect to articles enumerated in subparagraph (B) which are sold by the manufacturer, producer, or importer, after December 31, 1981." (2) CONFORMING AMENDMENT.—Section 6412(a)(1) (relating to the floor stocks refunds on passenger automobiles, etc.) is amended by striking out "January 1, 1971, January 1, 1972, January 1, 1973, or January 1, 1974", and inserting in lieu thereof "January 1 of 1973, 1974, 1978, 1979, 1980, 1981, or 1982". (b)

^3 USC 4061.

79 Stat. u i;

COMMUNICATIONS SERVICES.— (1) CONTTNUATION OF TAX.—Section

4251(a)(2) (relating to tax on certain communications services) is amended by striking out the table and inserting in lieu thereof the following table: "Amounts paid pursuant to bills first rendered— Percent— Before January 1, 1973 — During 1973 During 1974 During 1975 During 1976 During 1977 During 1978 During 1979 During 1980 During 1981

10 9 8 7 6 5 4 3 2 1".

(2) CONFORMING AMENDMENT.—Section 4251(b) (relating to

termination of tax) is amended by striking out "January 1, 1974", and inserting in lieu thereof "January 1, 1982". (3) REPEIAL OF SUBCHAPTER B OF CHAPTER 33.—Section 105 (b)(3) of the Revenue and Expenditure Control Act of 1968 (82 Stat. 266) is amended to read as follows: 26 USC 4251 "(3) REPEAL OF SUBCHAPTER B OF CHAPTER 33.—Effective with "°*^* respect to amounts paid pursuant to bills first rendered on or after January 1, 1982, subchapter B of chapter 33 (relating to the tax ^^ s*^^- I'^s. on communications) is repealed. For purposes of the preceding sentence, in the case of communications services rendered before November 1, 1981, for which a bill has not been rendered before January 1, 1982, a bill shall be treated as having been first rendered on December 31, 1981. Effective January 1, 1982, the table of subchapters for chapter 33 is amended by striking out the item relating to such subchapter B. "

47-348 O - 72 - 33 (Pt. 2)

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PUBLIC LAW 91-614-DEC. 31, 1970

[84 STAT.

TITLE III—TECHNICAL EXCISE TAX CHANGES SEC. 301. CONSTRUCTIVE SALE PRICE. 72 Stat. 1279;

83 Stat. 725. 26 USC 4216.

(a) DETERMINATION OF CONSTRUCTIVE S A L E P R I C E. — S e c t i o i l 4 2 1 6 (b)

(relating to constructive sale price) is amended by adding at the end ji

J! 3

J n ?

•

^

tnereoi the lollowing new paragraphs: "(5)

Ante, p. 1843.

68A Stat. 369.

CONSTRUCTIVE SALE PRICE I N THE CASE OF AUTOMOBILES,

TRUCKS, ETC.—In the case of articles the sale of which is taxable under section 4061(a) (relating to automobiles, trucks, etc.), for purposes of paragraph (1), if— " (A) the manufacturer, producer, or importer of the article regularly sells such article to a distributor which is a member of the same affiliated group of corporations (as defined in section 1504(a)) as the manufacturer, producer, or importer, and " (B) such distributor regularly sells such article to one or more independent retailers, the constructive sale price of such article shall be 981/2 percent of the lowest price for which such distributor regularly sells such article in arm's-length transactions to such independent retailers. The price determined under this paragraph shall not be adjusted for any exclusion (except for the tax imposed on such article) or readjustments under subsections (a) and (f) and under section 6416(b)(1). "(6) DEFINITION OF LOWEST PRICE.—For purposes of paragraphs (1), (3), and (5), the lowest price shall be determined— " (A) without requiring that any given percentage of sales be made at that price, and " (B) without including any fixed amount to which the purchaser has a right as a result of contractual arrangements existing at the time of the sale." (b)

CONFORMING AMENDMENTS.—

(1) The first sentence of paragraph (3) of section 4216(b) is amended by striking out "paragraph (4) " and inserting in lieu thereof "paragraphs (4) and (5) ". (2) Paragraphs (3) and (4) of section 4216(b) are amended— (A) by striking out "Fair market price" in the heading and inserting in lieu thereof "Constructive sale price"; (B) hj striking out "fair market price" each place it appears m the text and inserting in lieu thereof "constructive sale price"; and (C) by striking out "paragraph (1)(C) " and inserting in lieu thereof "paragraph (1)". (c) EFFECTIVE DATE.—The amendments made by this section shall apply with respect to articles sold after December 31, 1970; except that section 4216(b)(6) of the Internal Revenue Code of 1954 (as added by subsection (a)) shall also apply to (1) the application of paragraph (1) of such section 4216(b) to articles sold after June 30, 1962, and before January 1, 1971, and (2) the application of paragraph (3) of such section 4216(b) to articles sold after December 31, 1969, and before January 1, 1971.

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