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PUBLIC LAW 97-98—DEC. 22, 1981 struction, repair, and improvement of dams and reservoirs, improvement of agricultural water management, and improvement of water quality through control of nonpoint sources of pollution; (C) a community development element, the purpose of which shall be the development of natural resources based industries, protection of rural industries from natural resource hazards, development of aquaculture, development of adequate rural water and waste disposal systems, improvement of recreation facilities, improvement in the quality of rural housing, provision of adequate health and education facilities, and satisfaction of essential transportation and communication needs; or (D) other elements, the purpose of which may include energy conservation or protection of agricultural land, as appropriate, from conversion to other uses, or protection of fish and wildlife habitats. (2) The term "designated area" means a geographic area designated by the Secretary to receive assistance under this subtitle. (3) The term "planning process" means the continuous effort by any State, local unit of government, or local nonprofit organization to develop and carry out effective resource conservation and utilization plans for a designated area, including development of an area plan, goals, objectives, policies, implementation activities, evaluations and reviews, and the opportunity for public participation in such efforts. (4) The term "financial assistance" means the cost-sharing arrangements that are available under this subtitle through Federal contracts, grants, or loans. (5) The term "local unit of government" means any county, city, town, township, parish, village, or other general-purpose subdivision of a State, any local or regional special district or other limited political subdivision of a State, including any soil conservation district, school district, park authority, and water or sanitary district, or any Indian tribe or tribal orgemization established under Federal, State, or Indian tribal law. (6) The term "nonprofit organization" means any community association, wildlife group, or resource conservation organization that is incorporated and approved by the Secretary for the purpose of providing to any rural area those public facilities or services included in the area plan for such rural area. (7) The term "Secretary" means the Secretary of Agriculture. (8) The term "State" means the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands of the United States, Guam, the Commonwealth of the Northern Mariana Islands, the Trust Territory of the Pacific Islands, and American Samoa. (9) The term "technical assistance" means any service provided by personnel of the Depeurtment of Agriculture or nonFederal personnel working through the Department of Agriculture, including, but not limited to, inventorying, evaluating, planning, designing, supervising, laying out and inspecting works of improvement, and the providing of maps, reports, and other documents associated with the services provided. (10) The term "works of improvement" means the facilities instidled or being installed in accord with an area plan.

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RESOURCE CONSERVATION AND DEVELOPMENT PROGRAM

SEC. 1530. The Secretary shall establish a resource conservation Establishment. and development program under which the Secretary shall make ^^ ^^^ ^^^^ available to States, local units of government, and local nonprofit organizations the technical and financial assistance necessary to permit such States, local units of government, and local nonprofit organizations to operate and maintain a planning and implementation process needed to conserve and improve the use of land, develop natural resources, and improve and enhance the social, economic, and environmental conditions in rural areas of the United States. SELECTION OF NEW DESIGNATED AREAS

SEC. 1531. The Secretary shall select designated areas for assist- 16 USC 3454. ance under this subtitle on the basis of the elements specified in section 1529(1). AUTHORITY OF THE SECRETARY

SEC. 1532. In carrying out the provisions of this subtitle, the 16 USC 3455. Secretary may— (1) provide technical assistance to any State, local unit of government, or local nonprofit organization within a designated area to assist in developing and implementing an area plan for that area; (2) cooperate with other departments and agencies of the Federal Government, State, and local units of government, and with local nonprofit organizations in conducting surveys and inventories, disseminating information, and developing area plans; (3) assist in carrying out an area plan approved by the Secretary for any designated area by providing technical and financial assistance to any State, local unit of government, or local nonprofit organization designated to receive such assistance by the Governor or legislature of the State concerned; and (4) enter into agreemente with States, local units of government, and local nonprofit organizations, as provided in section 1533. AGREEMENTS; TERMS AND CONDITIONS

SEC. 1533. (a) Technical and financial assistance, including loans, 16 USC 3456. may be provided by the Secretary to any State, local unit of government, or local nonprofit organization to assist in carrying out works of improvement specified in an area plan approved by the Secretary only i— f (1) such State, local unit of government, or local nonprofit organization agrees in writing to carry out such works of improvement and to finance or arrange for financing of any portion of the cost of carrying out such works of improvement for which financial assistance is not provided by the Secretary under this subtitle; (2) the works of improvement for which assistance is to be provided under this subtitle are included in an area plan and nave been approved by the State, local unit of government, or local nonprofit organization to be assisted; (3) the Secretary determines that assistance to finance the type of works of improvement concerned is not reasonably available to such State, local unit of government, or local nonprofit organization under any other Federal program;

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Withdrawal of assistance.

PUBLIC LAW 97-98—DEC. 22, 1981

(4) the works of improvement provided for in the area plan are consistent with any current comprehensive plan for such area; (5) the cost of the land or an interest in the land acquired or to be acquired under such plan by any State, local unit of government, or local nonprofit organization is borne by such State, local unit of government, or local nonprofit organization; and (6) the State, local unit of government, or local nonprofit organization participating in an area plan agrees to maintain and operate all works of improvement installed under such plan. (b) Loans made under this subtitle shall be made on such terms and conditions as the Secretary may prescribe, except that such loans shall have a repayment period oi not more than thirty years from the date of completion of the work of improvement for which the loan is made and snail bear interest at the average rate of interest paid by the United States on its obligations of a comparable term, as determined by the Secretary of the Treasury. (c) Assistance may not be made available to any State, local unit of government, or local nonprofit organization to carry out any area plan unless such plan has been submitted to and approved by the Secretary. (d) The Secretary may withdraw technical and financial assistance with respect to any area plan if the Secretary determines that such assistance is no longer needed or that sufificient progress has not been made toward developing or implementing the elements of such plan. RESOURCE CONSERVATION AND DEVELOPMENT POLICY BOARD

Establishment. 16 USC 3457.

SEC. 1534. (a) The Secretary shall establish within the Department of Agriculture a Resource Conservation and Development Policy Board. (b) Such board shall be composed of seven employees of the Department of Agriculture selected by the Secretary. One member shall be designated by the Secretary to serve as chairman. (c) It shall be the function of such board to advise the Secretary regarding the administration of the provisions of this subtitle, including the formulation of policies for carrying out the program provided for by this subtitle. EVALUATION OF PROGRAM

16 USC 3458.

Report to Congress.

SEC. 1535. The Secretary shall evaluate the program provided for in this subtitle to determine whether such program is effectively meeting the needs of, and the objectives identified by, the States, local units of government, and local nonprofit organizations participating in such program. The Secretary shall submit a report to Congress Containing the results of the evaluation not later than December 31, 1986, together with the Secretary's recommendations for continuing, terminating, redirecting, or modifying such program. LIMITATION ON PROVISION OP ASSISTANCE

16 USC 3459.

SEC. 1536. The program provided for in this subtitle shall be limited to providing teclmical and financial assistance to not more than two hundred and twenty-five active designated areas. SUPPLEMENTAL AUTHORITY OF THE SECRETARY

16 USC 3460.

SEC 1537. The authority of the Secretary under this subtitle to assist States, local units of government, and local nonprofit organiza-

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95 STAT. 1341

tions in the development and implementation of area plans shall be supplemental to, and not in lieu of, any authority of the Secretary under any other provision of law. AUTHORIZATION FOR APPROPRIATIONS

SEC. 1538. There are authorized to be appropriated for each of the i^ use 3461. five fiscal years beginning October 1, 1982, and ending September 30, 1987, such sums as may be necessary to carry out the provisions of this subtitle, except that not more than $15,000,000 may be appropriated for loans for any fiscal year. Funds appropriated pursuant to this subtitle shall remain available until expended. Subtitle I—Farmland Protection Policy Act SHORT TITLE

Farmland Protection Policy Act.

SEC. 1539. This subtitle may be cited as the "Farmland Protection ^ use 4201 note. Policy Act". FINDINGS, PURPOSE, AND DEFINITIONS

SEC. 1540. (a) Congress finds that— 7 USC 4201. (1) the Nation's farmland is a unique natural resource and provides food and fiber necessary for the continued welfare of the people of the United States; (2) each year, a large amount of the Nation's farmland is irrevocably converted from actual or potential agricultural use to nonagricultural use; (3) continued decrease in the Nation's farmland base may threaten the ability of the United States to produce food and fiber in sufficient quantities to meet domestic needs and the demands of our export markets; (4) the extensive use of farmland for nonagricultural purposes undermines the economic base of many rural areas; (5) Federal actions, in many cases, result in the conversion of farmland to nonagriculturm uses where alternative actions would be preferred; (6) the Department of Agriculture is the agency primarily responsible for the implementation of Federal policy with respect to United States farmland, assuring the maintenance of the agricultural production capacity of the United States, and has the personnel and other resources needed to implement national farmland protection policy; and (7) the Department of Agriculture and other Federal agencies should take steps to assure that the actions of the Federal Government do not cause United States farmland to be irreversibly converted to nonagricultural uses in cases in which other national interests do not override the importance of the protection of farmland nor otherwise outweigh the benefits of maintaining farmland resources. (b) The purpose of this subtitle is to minimize the extent to which Federal programs contribute to the unnecessary and irreversible conversion of farmland to nonagricultural uses, and to assure that Federal programs are administered in a manner that, to the extent practicable, will be compatible with State, unit of locsJ government, and private programs and policies to protect farmland. (c) As used in this subtitle— (1) the term "farmland" includes all land defined as follows:

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PUBLIC LAW 97-98—DEC. 22, 1981 (A) prime farmland is land that has the best combination of physical and chemical characteristics for producing food, feed, fiber, forage, oilseed, and other agricultural crops with minimum inputs of fuel, fertilizer, pesticides, and labor, and without intolerable soil erosion, as determined by the Secretary. Prime farmland includes land that possesses the above characteristics but is being used currently to produce livestock and timber. It does not include land already in or committed to urban development or water storage; (B) unique farmland is land other than prime farmland that is used for production of specific high-value food and fiber crops, as determined by the Secretary. It has the special combination of soil quality, location, growing season, and moisture supply needed to economically produce sustained high quality or high yields of specific crops when treated and managed according to acceptable farming methods. Examples of such crops include citrus, tree nuts, olives, cranberries, fruits, and vegetables; and (C) farmland, other than prime or unique farmland, that is of statewide or local importance for the production of food, feed, fiber, forage, or oilseed crops, as determined by the appropriate State or unit of local government agency or agencies, and that the Secretary determines should be considered as farmland for the purposes of this subtitle; (2) the term "State" means any of the fifty States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, the Trust Territory of the Pacific Islands, or any territory or possession of the United States; (3) the term "unit of local government" means the government of a county, municipality, town, township, village, or other unit of general government below the State level, or a combination of units of local government acting through an areawide agency under State law or an agreement for the formulation of regional development policies and pl£ms; (4) the term "Federal program" means those activities or responsibilities of a department, agency, independent commission, or other unit of the Federal Government that involve (A) undertaking, financing, or assisting construction or improvement projects; or (B) acquiring, managing, or disposing of Federal lands and facilities. The term "Federal program ' does not include construction or improvement projects that on the effective date of this subtitle are beyond the planning stage and are in either the active design or construction state; and (5) the term "Secretary" means the Secretary of Agriculture. FARMLAND PROTECTION POLICY

7 USC 4202.

SEC. 1541. (a) The Department of Agriculture, in cooperation with other departments, agencies, independent commissions, and other units of the Federal Government, shall develop criteria for identifying the effects of Federal programs on the conversion of farmland to nonagricultural uses. (b) Departments, agencies, independent commissions, and other units of the Federal Government shall use the criteria established under subsection (a) of this section, to identify and take into account the adverse effects of Federal programs on the preservation of farmland; consider alternative actions, as appropriate, that could

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95 STAT. 1343

lessen such adverse effects; and assure that such Federal programs, to the extent practicable, are compatible with State, unit of local government, and private programs and policies to protect farmland, (c) The Department of Agriculture may make available to States, units of local government, individuals, organizations, and other units of the Federal Government information useful in restoring, maintaining, and improving the quantity and quality of farmland. EXISTING POUCIES AND PROCEDURES

SEC. 1542, (a) Each department, agency, independent commission, '^ use 4203. or other unit of the Federal Government, with the assistance of the Department of Agriculture, shall review current provisions of law, administrative rules and regulations, and policies and procedures applicable to it to determine whether any provision thereof will prevent such unit of the Federal Government from taking appropriate action to comply fully with the provisions of this subtitle. (b) Each department, agency, independent commission, or other unit of the Federal Government, with the assistance of the Department of Agriculture, shall, as appropriate, develop proposals for action to bring its programs, authorities, and administrative activities into conformity with the purpose and policy of this subtitle. TECHNICAL ASSISTANCE

SEC. 1543. The Secretary is encouraged to provide technical assist- 7 USC 4204. ance to any State or unit of local government, or any nonprofit organization, as determined by the Secretary, that desires to develop programs or policies to limit the conversion of productive farmland to nonagricultural uses. FARMLAND RESOURCE INFORMATION

SEC. 1544. (a) The Secretary, through existing agencies or inter- 7 USC 4205. agency groups, and in cooperation with the cooperative extension services of the States, shall design and implement educational programs and materials emphasizing the importance of productive farmland to the Nation's well-being and distribute educational materials through communications media, schools, groups, and other Federal agencies. (b) The Secretary shall designate one or more farmland information centers to serve as central depositories and distribution points for information on farmland issues, policies, programs, technical principles, and innovative actions or proposals by local and State governments. GRANTS; CONTRACTS

SEC. 1545. The Secretary may carry out the purposes of this 7 USC 4206. subtitle, with existing facilities and funds otherwise available, through the use of grants, contracts, or such other means as the Secretary deems appropriate. REPORT

SEC. 1546. Within one year after the enactment of this subtitle, the ^ use 4207. Secretary of Agriculture shall report to the Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committee on Agriculture of the House of Representatives on the progress made in

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implementing the provisions of this subtitle. Such report shall include information on— (1) the effects, if any, of Federal programs, authorities, and administrative activities with respect to the protection of United States farmland; and (2) the results of the reviews of existing policies and procedures required under section 1542(a) of this subtitle. STATEMENT OP UMTTATION

7 USC 4208.

SEC. 1547. (a) This subtitle does not authorize the Federal Government in any way to regulate the use of private or non-Federal land, or in any way affect the property rights of owners of such land. (b) None of the provisions or other requirements of this subtitle shall apply to the acquisition or use of farmland for national defense purposes. PROHIBITION

7 USC 4209.

SEC. 1548. This subtitle shall not be deemed to provide a basis for any action, either legal or equitable, by any State, local unit of government, or any person or class of persons challenging a Federal project, program, or other activity that may affect farmland. EFFECTIVE DATE

7 USC 4201 note.

SEC, 1549. The provisions of this subtitle shall become effective six months after the date of enactment of this Act. Subtitle J—Miscellaneous Provisions LOCAL SEARCH AND RESCUE OPERATIONS

7 USC 2273.

SEC. 1550. The Secretary of Agriculture may assist, through the use of Soil Conservation Service personnel, vehicles, commpnication equipment, and other equipment or materials available to the Secretary, in local search and rescue operations when requested by responsible local public authorities. Such assistance may be provided in emergencies caused by tornadoes, fires, floods, snowstorms, earthquakes, and similar disasters. RECLAMATION

SEC. 1551. Section 406(d) of the Surfacing Mining Control and Reclamation Act of 1977 (30 U.S.C. 1236(d)) is amended by adding at the end thereof the following new sentence: "Notwithstanding any other provision of this section with regard to acreage limitations, the Secretary of Agriculture may carry out experimental reclamation treatment projects to control erosion and improve water quality on all lands within a hydrologic unit, consisting of not more than 25,000 acres, if the Secretary determines that treatment of such lands as a hydrologic unit will achieve greater reduction in the adverse effects of past surface mining practices than would be achieved if reclamation was done on individual parcels of land.". PAYMENTS FOR LAND REMOVED FROM PRODUCTION FOR CONSERVATION PURPOSES

contracts. 16 USC 3471.

SEC. 1552. (a) The Secretary of Agriculture may enter into contracts to provide financial assistance in the form of payments to

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95 STAT. 1345

owners and operators of cropland located in counties where the soil normally freezes to a depth of at least four inches annually who remove such land from agricultural production for a period not to exceed one year for the purpose of installing enduring conservation measures which involve excavation of the soil. The payments under such contracts shall be in such amounts as determined by the Secretary to be necessary to effectuate the purposes of this subtitle but shall not exceed an amount equal to the number of acres of cropland removed from agricultural production for such purpose multiplied by 50 per centum of the typical annual rent, as determined by the Secretary, paid for similar land in the county. Financial assistance may not be provided under this section with respect to any conservation measure without the approval of the soil and water conservation district board for the district in which the land is located, and may not, in the aggregate, be provided in any year with respect to more than one-half of 1 per centum of the cropland in any county. (b) There are authorized to be appropriated such sums as may be Appropriation necessary to carry out the provisions of this section, such sums to authorization. remain available until expended. CONSERVATION TILLAGE

SEC. 1553. (a) Congressfindsthat— 16 USC 3472. (1) domestic and international demand for agricultural products from the United States is great and is expected to significantly increase over the next twenty years; (2) the ability of the United States to provide agricultural products to meet that demand is seriously impaired by the annual loss of five billion tons of soil due to wind and water erosion; (3) the battle against soil erosion is being lost despite the annual expenditure of millions of dollars by the Federal Government on research, technical assistance, and conservation incentives to control soil erosion; (4) conservation tillage practices are estimated to reduce soil erosion by 50 to 90 per centum over conventional farming practices; and (5) conservation tillage may result in better jdelds, greater land useflexibility,decreased fuel use, decreased labor and equipment costs, increased retention of soil moisture, and more productive land than conventional farming practices and may be adaptable to a broad range of soil types and slopes throughout the country. (b) It is the sense of Congress that the Secretary of Agriculture should, and is hereby urged and requested to— (1) direct the attention of our Nation's farmers to the costs and benefits of conservation tillage as a means of controlling soil erosion and improving profitability; and (2) conduct a program of research designed to resolve any unanswered questions regarding the advantages and disadvantages of conservation tillage over other soil conservation practices. REGULATIONS

SEC. 1554. The Secretary of Agriculture shall prescribe such regula- 16 USC 3473. tions as may be necessary to carry out the provisions of this title.

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PUBLIC LAW 97-98—DEC. 22, 1981 TITLE XVI—CREDIT, RURAL DEVELOPMENT, AND FAMILY FARMS

FARMERS HOME ADMINISTRATION REAL ESTATE AND OPERATING LOANS TO COOPERATIVES

SEC. 1601. (a) The last sentence of section 302 of the Consolidated Farm and Rural Development Act (7 U.S.C. 1922) is amended by striking out "cooperatives, corporations, and partnerships", and inserting in lieu thereof "corporations and partnerships", and by inserting immediately before the period at the end thereof the following: "in the case of cooperatives, corporations, and partnerships". (b) The last sentence of section 311(a) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1941(a)) is amended by striking out "cooperatives, corporations, and partnerships", and inserting in lieu thereof "corporations and partnerships", and by inserting immediately before the period at the end thereof the following: "in the case of cooperatives, corporations, and partnerships". EQUALIZING ACCESS TO CREDIT FOR WIDOWS AND OTHER SINGLE PARENTS

SEC. 1602. The second sentence of section 303(a) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1923(a)) is amended by striking out "are married or". LEASE OF FACHJTIES

SEC. 1603. Section 331(i) of the (Consolidated Farm and Rural Development Act (7 U.S.C. 1981(i)) is amended by inserting immediately after "consent to" the following: "(1) long-term leases of facilities financed under this title notwithstanding the failure of the lessee to meet any of the requirements of this title if such long-term leases are necessary to ensure the continuation of services for which financing was extended to the lessor, and (2)". BORROWER'S NET WORTH

SEC. 1604. Section 333(a) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1983(a)) is amended by inserting "(1)" immediately after "the applicant" and inserting before the semicolon at the end thereof the following: ", and (2) to furnish a written statement showing the applicant's net worth". E X T E N S I O N O F THE E M E R G E N C Y A G R I C U L T U R A L CREDIT ADJUSTMENT

ACT OF 1978

SEC. 1605. Section 211 of the Emei^ency Agricultural Credit AcUustment Act of 1978 (7 U.S.C. prec. 1961 note) is amended by striking out "September 30, 1981 and inserting in lieu thereof "September 30, 1982: Providedy That the Secretary may not make new contracts of insurance or guarantee under this title that will cause the total amount of money borrowed under such contracts during any fiscal year to exceed $600,000,000".

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95 STAT. 1347

FARM STORAGE FACILITY LOAN PROGRAM

SEC. 1606. Section 4(h) of the Commodity Credit Corporation Charter Act, as amended by section 151 of the Omnibus Budget Reconciliation Act of 1981, is amended by inserting after "growers" ^"^«' P 370. at the end of the fourth proviso of the second sentence the following: ", except that the Secretary shall make such loans in areas in which the Secretary determines that there is a deficiency of such storage". RURAL TELEPHONE BANK AMENDMENT

SEC. 1607. Section 406 of the Rural Electrification Act of 1936 (7 U.S.C. 946) is amended by C inserting in the second sentence of subsection (a) "but not D later than fiscal year 1991" after "thereafter", and striking out "$300,000,000" and inserting in lieu thereof "$600,000,000"; and (2) striking out in the first sentence of subsection (c) "September 30, 1985'^ and inserting in lieu thereof "September 30, 1995", and striking out "and after the amount of class A and class B stock issued totals $400,000,000,". UNITED STATES POLICY ON FAMILY FARMS

SEC. 1608. Section 102 of the Food and Agriculture Act of 1977 is 7 USC 2266. amended to read as follows: "FAMILY FARMS

"SEC. 102. (a) Congress reaffirms the historical policy of the United States to foster and encourage the family farm system of agriculture in this country. Congress believes that the maintenance of the family farm system of agriculture is essential to the social well being of the Nation and the competitive production of adequate supplies of food and fiber. Congress farther believes that any significant expansion of nonfamily owned large-scale corporate farming enterprises will be detrimental to the national welfare. It is neither the policy nor the intent of Congress that agricultural and agriculture-related programs be administered exclusively for family farm operations, but it is the policy and the express intent of Congress that no such program be administered in a manner that will place the family farm operation at an unfair economic disadvantage. "(b) In order that Congress may be better informed regarding the Report to status of the family farm system of agriculture in the United States, Congress. the Secretary of Agriculture shall submit to Congress, by July 1 of each year, a vmtten report containing current information on trends in family farm operations and comprehensive national and State-byState data on nonfamily farm operations in the United States. The Secretary shall also include in each such report (1) information on how existing agricultural and agriculture-related programs are being administered to enhance and strengthen the family farm system of agriculture in the United States, (2) an assessment of how tax, credit, and other Federal laws may encourage the growth of nonfamily farm operations and investment in agriculture by nonfamily farm interests, both foreign and domestic, and (3) such other information as the Secretary deems appropriate or determines would aid Congress in protecting, preserving, and strengthening the family farm system of agriculture in the United States..

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PUBLIC LAW 97-98—DEC. 22, 1981

Floral Research

TITLE XVII—FLORAL RESEARCH AND CONSUMER

fnformronAct.

INFORMATION SHORT TITLE

7 USC 4301 note.

SEC. 1701. This title may be cited as the "Floral Research and Consumer Information Act". CONGRESSIONAL FINDINGS AND DECLARATION OF POLICY

7 USC 4301.

SEC. 1702. Flowers and plants are an integral part of American life, contributing a natural and beautiful element, especially in urban areas, to what is increasingly a manmade, eirtificial environment for this country's citizens. Providing comfort and pleasure for many special occasions as well as for everyday living, flowers and plants work against visual pollution and, in the case of green plants, generate oxygen within their environment. The flowers and plants to which this title refers are cut flowers, potted.flowering plants, and foliage plants. These flowers and plants are produced by many individual producers throughout the United States and in foreign countries. These products move in interstate and foreign commerce, and those that do not move in such channels of commerce directly burden or affect interstate commerce of these products. The maintenance and expansion of existing markets and the development of new or improved markets and uses are vital to the welfare of flower and plant producers, brokers, wholesalers, and retailers throughout the Nation. The floral industry within the United States ii^ comprised mainly of small- and medium-sized businesses. The producers are primarily agriculturally-oriented companies rather than promotionoriented companies. The development and implementation of coordinated programs of research and promotion necessary for the maintenance of markets and the development of new markets have been inadequate. Without cooperative action in providing for and financing such p n ^ a m s, individual flower and plant producers, wholesalers, and retailers are unable to implement programs of research, consumer and producer information, and promotion necessary to maintain and improve markets for these products. It is widely recognized that it is in the public interest to provide an adequate, steady supply of fresh flowers and plants to the consumers of the Nation. The American consumer requires a continuing supply of quality and affordable flowers and plants as an important element in the quality of life. It is, therefore, declared to be the policy of Congress and the purpose of this title that it is essential and in the public interest to authorize the establishment of an orderly procedure for the development and financing, through an adequate assessment, of an effective and coordinated program of research, consumer and producer education, and promotion designed to strengthen the floral industry's position in the marketplace and maintain, develop, and expand markets for flowers, plants, and flowering plants. Nothing in t\na title may be construed to dictate quality standards or provide for control of production or otherwise limit the right of individual flower and plant producers to produce commercial flowers and plants. Nothing in this title may be construed as a trade barrier to flowers and plants produced in foreign countries, and this title treats foreign producers equitably.

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95 STAT. 1349

DEFINITIONS

SEC. 1703. As used in this title— 7 USC 4302. (1) The term "Secretary" means the Secretary of Agriculture of the United States Department of Agriculture. (2) The term "person" means any individual, group of individuals, partnership, corporation, association, cooperative, or any other entity. (3) The term "cut flowers" means all flowers and decorative foliage used as fresh-cut flowers, fresh-cut decorative foliage, dried, preserved, and processed flowers, or dried and preserved decorative foliage, produced either under cover or in field operations. (4) ITie term "potted flowering plants" means those plants that normally produce flowers, primanly produced in pots or similar containers, that are primarily used for interior decoration, whether grown under cover or in field operations. (5) The term "foliage plants" means those plants, normally without flowers, primarily produced in pots or similar containers, that are primarily used for interior decorations, whether grown under cover or in field operations. (6) The term "propagational material" means any plant material used in the propagation of cut flowers, potted flowering plants, and foliage plants, including cuttings, bulbs and corms, seedlings, canes, liners, plants, cells or tissue cultures, air layers and bublets, rhizomes, and root stocks. This term does not include seeds. (7) The term "flowers and plants" means cut flowers, potted flowering plants, foliage plants, and propagational material. (8) The term "United States" means the fifty States of the United States of America, the territories and {wssessions of the United States of America, and the District of Columbia. (9) The term "promotion" means any action, including paid advertising, to advance the image or desirability of cut flowers, potted flowering plants, and foliage plants. (10) The term "research" means any type of research to advance the image, desirability, or marketability of cutflowers,potted flowering plants, and foliage plants. (11) The term "consumer education" means any action to provide information on the care and handling of cutflowers,potted flpwering plants, and foUage plants. (12) The term "marketing" means the sale or other disposition in commerce of cut flowers, potted flowering plants, and foliage plants. (13) Unless otherwise noted, the term "producer" means any person who produces domestically, for sale in commerce, cut flowers, pottedfloweringplants, or foliage plants. (14) The term "Floraboard" means the board provided for under section 1707 of this title. (15) The term "importer" means any person who imports cut flowers, potted flowering plants, or foliage plantsfi*omoutside of the United States or who acts as an agent, broker, or consignee of any person or nation that produces flowers and plants outside of the United States for sale in the United States. (16) The term "commodity group" means that portion of the flower and plant industry devoted to the production and importation of any one of the following: (A) cutflowers;(B) potted flowering plants; or (C) foliage plants. (17) 'Hie term "cost of plant material" means the actual price paid by a producer for any propagationad material or any other flowers

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PUBLIC LAW 97-98—DEC. 22, 1981

and plants used in the production of flowers and plants. This term does not include the cost of seeds. FLORAL RESEARCH AND PROMOTION ORDERS

7 USC 4303.

SEC. 1704. To effectuate the declared policy of this title, the Secretary shall, subject to the provisions of this title, issue and, from time to time, may amend orders applicable to persons engaged in production, sale, importation, or handling offlowersand plants. Such orders shall be applicable to all production or marketing areas, or both, in the United States. NOTICE AND HEARING

7 USC 4304.

SEC. 1705. Whenever the Secretary has reason to believe that the issuance of an order will tend to effectuate the declared policy of this title, the Secretary shall give due notice and opportunity for hearing upon a proposed order. Such hearing may be requested and a proposal for an order submitted by an organization certified pursuant to section 1716 of this title, or by any interested person affected by the provisions of this title, including the Secretary. FINDING AND ISSUANCE OF AN ORDER

7 USC 4305.

SEC. 1706. After notice and opportunity for hearing as provided in section 1705 of this title, the Secretary shall issue an order if the Secretary finds, and sets forth in such order, upon the evidence introduced at such hearing, that the issuance of such order and all the terms and conditions thereof will tend to effectuate the declared policy of this title. REQUIRED TERMS IN ORDERS

7 USC 4306. Fioraboard, establishment.

SEC. 1707. Orders issued pursuant to this title shall contain the following terms and conditions and, except as provided in section 1708 of this title, no others: (1) Providing for the establishment and appointment by the Secre^^ry of a board to be named "Fioraboard", which shall consist of not more than seventy-five voting members, and defining its powers and duties, which shall include only the powers to (A) administer such order in accordance with its terms and provisions, (B) make rules and regulations to effectuate the terms and provisions of such order, (C) receive, investigate, and report to the Secretary complaints of violations of such order, and (D) recommend to the Secretary amendments of such order. The term of an appointment to the Fioraboard shall be for three years with no member serving more than two consecutive three-year terms: Provided, That of the initial appointments, onethird shall be for a term of one year and one-third shall be for a term of two years. The Fioraboard shall appoint from its members an executive committee, consisting of not more than fifteen members, whose membership shall, to the maximum extent practicable, reflect the membership composition of the Fioraboard, and whose commodity group representation shall be proportional to that of the Floraboard. Such executive committee shall have the authority to employ a staff and conduct routine business within the policies determined by the Fioraboard. (2) Providing that the Fioraboard shall be composed of producers and importers appointed by the Secretary from nominations submitted by organizations certified pursuant to section 1716 of this title or

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 PUBLIC LAW 97-98—DEC. 22, 1981

95 STAT. 1351

if the Secretary determines that a substantial number of producers or importers are not members of or their interests are not represented by any such certified organization then from nominations made by such producers or importers in a manner authorized by the Secretary. Certified organizations shall submit one nomination for each position on the Floraboard. Initially, the Floraboard shall be composed of one-third producers and importers of cut flowers, one-third producers and importers of potted flowering plants, and one-third producers and importers of foliage plants. Two years after assessment of funds commences pursuant to an order, and periodically thereafter, the Floraboard shall adjust the commodity group representation of these commodity groups on the basis of the amount of assessments, less refunds, collected from each commodity group. There shall at all times be more producers representing a particular commodity group on the Floraboard than importers representing that commodity group. In addition to commodity group representation, the periodic adjustment of the membership of the Floraboard shall reflect, to the maximum extent practicable, the proportionate share of assessments, less refunds, collected from producers in each of several geographic areas of the United States to be defined by the Secretary, and the proportionate share of assessments, less refunds, collected from importers of flowers and plants imported into the United States from each country. (3) Providing that the Floraboard shall, subject to the provisions of paragraph 8 of this section, develop and submit to the Secretary for approval advertising, sales promotion, consumer education, research, and development plans or projects and that any such plem or project must be approved by the Secretary before becoming effective. (4) Providing that the Floraboard shall, subject to the provisions of paragraph 8 of this section, submit to the Secretary for approval budgets on a fiscal period basis of its anticipated expenses and disbursements in the administration of the order, including probable costs of advertising, promotion, consumer education, research, and development projects. (5) Providing that— (A) For each sale of flowers and plants by a producer within the United States, such producer shall pay an assessment to the Floraboard based on the dollar value of such sales transaction minus the cost of plant material. If the producer is a retailer, the assessment will be based on the then current wholesale value of the flowers and plants less the cost of plant material. In the case of consignment sales, the assessment shall be paid by the producer based on the dollar value of the sale of flowers and plants less the sales commission, freight cost, and cost of plant material. (B) For each sale of imported flowers and plants within the United States by the importer of such flowers and plants, such importer shall pay an assessment to the Floraboard based on the dollar value of such sales transaction, without deducting the cost of plant material. If the importer is a retailer, the assessment will be made on the purchase price. In the case of consignment sedes, the assessment shall be paid by the importer and shall be based on the dollar value of the sale of flowers and plants less the sales commission and cost of transportation within the United States. (C) The assessments provided for in this section shall be remitted to the Floraboard, at the time and in the manner prescribed in the order and regulations thereunder, and shall be

89-194 O—82

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 95 STAT. 1352

Recordkeeping.

Contracts or agreements.

Reimbursement.

PUBLIC LAW 97-98—DEC. 22, 1981

used for such expenses and expenditures (including provision for a reasonable reserve and those administrative costs incurred by the Department of Agriculture after an order has been promulgated under this title) as the Secretary finds are reasonable and likely to be incurred by the Floraboard under the order during any period specified by the Secretary. (6) Providing that the initial rate of assessment, which rate shall remain in effi^ for the first two years after an order is approved in a referendum, shall not exceed one-half of 1 per centum of the value of flowers and plants sold, as determined under the provisions of paragraph (5) of this section: Provided, That the Floraboard may thereafter increase or decrease the rate of assessment prescribed by the order by no more than one-quarter of 1 per centum of the value of flowers and plants sold per year: Provided further. That in no event shall the rate of assessment exceed iy2 per centum of the value of flowers and plants sold. (7) Providing that the Floraboard shall maintain such books and records and shall prepare and submit to the Secretary, from time to time, such reports as the Secretary may prescribe, and providing for appropriate accounting by the Floraboard with respect to the receipt and disbursement of all funds entrusted to it. (8) Providing that the Floraboard, with the approval of the Secretary, may enter into contracts or agreements for development and carrying out of the activities author^ed under the order pursuant to sections 1708(1) and (2) of thfe title and for the payment of the cost thereof with funds collected pursuant to the order. The Floraboard may contract with industry groups, profit or nonprofit companies, private and State collies and universities, and governmental groups. Any such contract or agreement SIIEQI provide (A) that the contracting party shall develop and submit to the Floraboard a plan or project together with a budget or budgets which shall show estimated costs to be incurred for such plan or project, (B) that any such plan or project shall become effective upon the approval of the Secretary, and (C) that the contracting party shall keep accurate records of all its transactions and make periodic reports to the Floraboard of activities carried out and an accounting for funds received and expended, and such other reports as the Secretary may require. (9) Providing that the Floraboard may convene, from time to time, advisory panels drawn from the production, importation, wholesale, and retail segments of the flower and plant industry to assist in the development of marketing and research programs. (10) Providing that no funds collected or received by the Floraboard shall in any manner be used for the purpose of influencing governmental policy or action, except as provided by paragraph (I)(D) of this section. (11) Providing that Floraboard members and members of any advisory panels convened shall serve without compensation but shall be reimbursed for their reasonable expenses incurred in performing their duties as members of the Floraboard or advisory panel. PERMISSIVE TERMS IN ORDERS

7 USC 4307.

SEC, 1708. Orders issued pursuant to this title may contain one or more of the following terms and conditions: (1) Providing for the establishment, issuance, effectuation, and administration of appropriate plans or projects for advertising, sales promotion, urban beautification, and consumer education with

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 PUBLIC LAW 97-98—DEC. 22, 1981

95 STAT. 1353

respect to the use of flowers and plants, and for the disbursement of necessary funds for such purposes: Provided, That any such plan or project shall be directed toward increasing the general demand for flowers and plants and shall make no reference to a private brand or trade name: Provided further, That no such advertising, consumer education, urban beautification, or sales promotion program shall make use of unfair or deceptive acts or practices with respect to the quality, value, or use of any competing product. (2) Providing for establishing and carrying on research, marketing, and development projects, and studies with respect to the sale, distribution, marketing, or utilization of flowers and plants, to the end that the marketing and utilization of flowers and plants may be encouraged, expanded, improved, or made more acceptable, for the dissemination of the data collected by such activities and for the disbursement of necessary funds for such purposes. (3) Providing that producers, wholesalers, retailers, and importers information of flowers and plants maintain and make available for inspection disclosure. such books and records as are specified in the order and that such persons flle reports at the time, in the manner, and having the content prescribed by the order, to the end that information and data shall be made available to the Floraboard and to the Secretary which is appropriate or necessary to the effectuation, administration, or enforcement of this title, or any order or regulation issued pursuant to this title: Provided, That all information so obtained shall be kept confidential by employees of the Department of Agriculture and the Floraboard, and only such information as the Secretary deems relevant shall be disclosed by them, and then only in a suit or administrative hearing brought at the direction, or upon the request, of the Secretary, or in a suit or administrative hearing to which the Secretary or any officer of the United States is a party, and involving the order with reference to which the information to be disclosed was furnished or acquired. Nothing in this section shall be deemed to prohibit (A) the issuance of general statements based upon the reports of the number of persons subject to an order, or statistical data collected therefrom, which statements do not identify the information furnished by any person, (B) the publication by the Floraboard of general statements relating to refunds made by the Floraboard during any specific period, including regional information on refunds, (C) the publication by the Floraboard of information on the amount of assessments collected from each commodity group and the rate of refund in each commodity group, or (D) the publication by direction of the Secretary of the name of any person violating any order, together with a statement of the particular provisions of the order violated by such persons. No information obtained pursuant to the authority of this title may be made available to any agency or officer of the Federal Government for any purpose other than the implementation of this title and any investigatory or enforcement actions necessary for the implementation of this title. Any person violating the provisions of this paragraph shall, upon conviction, be subject to a fine of not more than $1,000 or to imprisonment for not more than one year, or to both, and, if an officer or employee of the Floraboard or the Department of Agriculture, shall be removed from office. (4) Terms and conditions incidental to and not inconsistent with the terms and conditions specified in this title and necessary to effectuate the other provisions of such order.

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 95 STAT. 1354

PUBLIC LAW 97-98—DEC. 22, 1981 REQUIREMENT OF REFERENDUM

7 USC 4308.

SEC. 1709. (a) The Secretary shall conduct a referendum among domestic producers and importers not exempt under section 1712 of this title who, during a representative period determined by the Secretary, have been engaged in the production or importation of flowers and plants, for the purpose of ascertaining whether the issuance of an order is approved or favored by such domestic producers and importers. No order issued pursuant to this title shall be effective unless the Secretary determines that the issuance of such order is approved or favored by not less than two-thirds of the producers and importers voting in such referendum, or by a majority of the producers and importers voting in such referendum if such majority produced and imported not less than two-thirds of the total value of the flowers and plants produced and imported by those producers and importers voting in such referendum during a representative period defined by the Secretary. Reimbursement. (b) The Secretary shall be reimbursed from assessments for all costs incurred by the Government in connection with the conduct of the referendum, except for the salaries of Government employees. SUSPENSION AND TERMINATION OF ORDERS

7 USC 4309.

SEC. 1710. (a) Whenever the Secretary finds that any order issued under this title, or any provisions thereof, obstructs or does not tend to effectuate the declared policy of this title, the Secretary shall terminate or suspend the operation of such order or such provisions thereof. (b) The Secretary may conduct a referendum at any time, and shall hold a referendum on request of 10 per centum or more of the number of producers and importers voting in the referendum approving the order, to determine whether such producers and importers favor the termination or suspension of the order, and shall suspend or terminate such order six months after the Secretary determines that suspension or termination of the order is approved or favored by a majority of the producers and imiwrters voting in such referendum who, during a representative period determined by the Secretary, have been engaged in the production or importation of flowers and plants. (c) The termination or suspension of any order, or any provision thereof, shall not be considered an order within the meaning of this title. PROVISIONS APPLICABLE TO AMENDMENTS

7 USC 4310.

SEC. 1711. The provisions of this title applicable to orders shall be applicable to amendments to orders. EXEMPTIONS

7 USC 4311.

SEC. 1712. Any producer or importer whose total sales of flowers and plants do not exceed $100,000 during a twelve consecutive month period prior to the date an assessment is due and payable shall be exempt from assessments under this title under such conditions and procedures as may be prescribed in the order or rules and regulations issued thereunder and shall not vote in any referendum under this title: Provided, That the Floraboard shall have the discretion to make annual adjustments in the level of exemption to account for inflation. For the purpose of this section, a producer's or importer's total sales shall include, in those cases in which the producer or importer is an

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Page:United States Statutes at Large Volume 95.djvu/1381

 PUBLIC LAW 97-98—DEC. 22, 1981

95 STAT. 1355

individual, sales attributable to such person's spouse, children, grandchildren, and parents; in those cases in which the producer or importer is a partnership or a member of a partnership, sales attributable to the other partners; and, in those cases in which the producer or importer is a corporation, sales attributable to any corporate subsidiaries of which such corporation owns 50 per centum or more of the stock, or if such subsidiaries are not corporations, subsidiaries which are controlled by such corporation. In addition, in determining a producer's or importer's total sales, the sales of any corporation in which such producer or importer owns 50 per centum or more of the stock shall be attributed to such producer or importer. For these purposes stock in the same corporation which is owned by such producer's or importer's spouse, children, grandchildren, parents, partners, and any corporation 50 per centum or more of whose stdck is owned by the producer or importer shall be treated as owned by the producer or importer. PRODUCER OR IMPORTER REFUND

SEC. 1713. Notwithstanding any other provisions of this title, any 7 USC 4312. producer or importer who pays an assessment shall have the right to demand and receive from the Floraboard a refund of such assessment: Provided, That such demand shall be made by such producer or importer in accordance with regulations and on a form and within a time period prescribed by the Floraboard and approved by the Secretary, but in no event more than sixty days after the end of the month in which the assessment was paid. Such refund shall be made not later than sixty days after submission of proof satisfactory to the Floraboard that the producer or importer paid the assessment for which refund is sought. PETITION AND REVIEW

SEC. 1714. (a) Any person subject to any order may file a written 7 USC 4313. petition with the Secretary, stating that any such order or any provisions of such order or any obligations imposed in connection therewith is not in accordance with law and praying for a modification thereof or to be exempted therefrom. Such person shall thereupon be given an opportunity for a hearing upon such petition, in accordance with regulations prescribed by the Secretary. After such hearing, the Secretary shall make a ruling upon the prayer of such petition which shall be final if in accordance with law. O> The district courts of the United States in any district in which t) such person is an inhabitant, or carries on business, are hereby vested with jurisdiction to review such ruling, provided a complaint for that purpose is filed within twenty days from the date of the entry of such ruling. Service of process in such proceedings may be had upon the Secretary by delivering to the Secretary a copy of the complaint. If the court determines that such ruling is not in accordance with law, it shall remand such proceedings to the Secretary with directions either (1) to make such ruling as the court shall determine to be in accordance with law, or (2) to take such further proceedings as, in its opinion, the law requires. The pendency of proceedings instituted pursuant to subsection (a) of this section shall not impede, hinder, or delay the United States or the Secretary from obtaining relief pursuant to section 1715(a) of this title.

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 95 STAT. 1356

PUBLIC LAW 97-98—DEC. 22, 1981 ENFORCEMENT

7 USC 4314.

SEC. 1715. (a) The several district courts of the United States are vested with jurisdiction specifically to enforce, and to prevent and restrain any person from violating, any order or regulation made or issued pursuant to this title. Any civil action authorized to be brought under this subsection shall be referred to the Attorney General for appropriate action: Provided, That nothing in this title shall be construed as requiring the Secretary to refer to the Attorney General violations of this title whenever the Secretary believes that the administration and enforcement of the program would be adequately served by administrative action pursuant to subsection (b) of this section or suitable written notice or warning to any person committing such violations. (b)(l) Any person who violates any provisions of any order or regulation issued by the Secretary pursuant to this title, or who fails or refuses to pay, collect, or remit any assessment or fee duly required thereunder, may be assessed a civil penalty by the Secretary of not less than $500 or more than $5,000 for each such violation. Each violation shall be a separate offense. In addition to or in lieu of such civil penalty the Secretary may issue an order requiring such person to cease and desist from continuing such violation or violations. No penalty may be assessed or cease and desist order issued unless such person is given notice and opportunity for a hearing before the Secretary with respect to such violation. The order of the Secretary assessing a penalty or imposing a cease and desist order shall be final and conclusive unless the affected person files an appeal from the Secretary's order with the appropriate United States court of appeals. (2) Any person against whom a violation is found and a civil penalty assessed or cease and desist order issued under paragraph (1) of this subsection may obtain review in the court of appeals of the United States for the circuit in which such person resides or carries on business or in the United States Court of Appeals for the District of Columbia Circuit by filing a notice of appeal in such court within thirty days from the date of such order and by simultaneously sending a copy of such notice by certified msdl to the Secretary. The Secretary shall promptly file in such court a certified copy of the record upon which such violation was found. The findings of the Secretary shall be set aside only if found to be unsupported by substantial evidence. (3) Any person who fails to obey a cease and desist order after it has become final and unappealable, or after the appropriate court of appeals Ytaa entered final judgment in favor of the Secretary, shall be subject to a civil penalty assessed by the Secretary, after opportunity for a hearing and for judicial review pursuant to the procedures specified in paragraphs (1) and (2) of this subsection, of not more than $500 for each offense, and each day during which such failure continues shall be deemed a separate offense. (4) If any person fails to pay an assessment of a civil penalty after it has become a final and unappealable order, or after the appropriate court of appeals has entered final judgment in favor of the Secretary, the Secretary shall refer the matter to the Attorney General who shall recover the amount assessed in any appropriate district court of the United States. In such action, the validity and appropriateness of the final order imposing the civil penalty shall not be subject to review.

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 PUBLIC LAW 97-98—DEC. 22, 1981

95 STAT. 1357

CERTIFICATION OF ORGANIZATIONS

SEC. 1716. The eligibility of any organization to represent producers? use 4315. of flowers and plants of any producing area of the United States or importers of flowers and plants, for purposes of requesting the issuance of an order under section 1705, or making nominations under section 1707(2) of this title, shall be certified by the Secretary. Certification shall be based, in addition to other available information, upon a factual report submitted by the organization which shall contain information deemed relevant and specified by the Secretary for the making of such determination, including, but not limited to, the following: (1) geographic territory covered by the organization's active meml^rship; (2) nature and size of the organization's active membership, the proportion of such active membership accounted for by producers and importers, and information as to the volume of production by State or the volume of importation by country accounted for by the organization's producer and importer members; (3) the extent to which the producer and importer membership of such organization is represented in setting the organizations policies; (4) evidence of stability and permanencv of the organization; (5) sources from which the organizations operating funds are derived; (6) functions of the organization; (7) whether the majority of the governing board of the organization is composed of producers and importers; and (8) the organization's ability and willingness to further the aims and objectives of this title. The primary consideration in determining the eligibility of any organization shall be whether its membership consiste of a substantial number of producers and importers who produce and import a substantial volume of flowers and plants. The Secretary shall certify any organization which is found to be eligible under this section, and the Secretary's determination as to eligibility shall be final. Whenever more than one organization is certified in any geographic area, such organizations may caucus to determine the area's nominations under section 1707(2) of this title. REGULATIONS

SEC. 1717. The Secretary may issue such regulations as may be 7 USC 4316. necessary to carry out the provisions of this title. INVESTIGATIONS; POWER TO SUBPENA A N D TAKE OATHS AND AFFIRMATIONS; AID OF COURTS

SEC. 1718. The Secretary may make such investigations as are '^ use 4317. deemed necessary to carry out the Secretary's responsibilities under this title or to determine whether a producer, importer, wholesaler, retailer, or other seller of flowers and plants, or any other person has engaged or is about to engage in any acts or practices which constitute or will constitute a violation of any provisions of this title, or of any order, or rule or regulation issued under this title. For the purpose of such investigation, the Secretary is empowered to administer oaths and affirmations, subpena witnesses, compel their attendance, take evidence, and require the production of any books, papers,

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 95 STAT. 1358

PUBLIC LAW 97-98—DEC. 22, 1981

and documents which are relevant to the inquiry. Such attendance of witnesses and the production of any such records may be required from any place in the United States. In case of contumacy by, or refusal to obey a subpena to, any person, including a producer of flowers and plants, the Secretary may invoke the aid of any court of the United States within the junsdicnon of which such investigation or proceeding is carried on, or where such person rraides or carries on business, in requiring the attendance and testimony of witnesses and the production of books, papers, and documents: and such court may issue an order requiring such person to appear before the Secretary, there to produce records, if so ordered, or to give testimony touching the matter under investigation. Any failure to obey such order of the court may^ be punished by such court as a contempt thereof. ML processes in any such cases may be served in the judicial district wherein such person is an inhabitant or wherever such person may be found. SEPABABILITY 7 USC 4318.

SEC. 1719. If any provision of this title or the application thereof to any ^rson or circmnstances is held invalid, the validity of the remamder of this title and of the application of such provision to other persons and circumstances shall not be affected thereby. AUTHORIZATION

7 USC 4319.

SEC. 1720. There are authorized to be appropriated out of any money in the Treasury not otherwise appropriated such funds as are necessary to cany out the provisioiis of this title. The funds so appropriated shall not be available for payment of the expenses or expenditures of the Floraboard in administering any provisions of any order issued pursuant to the terms of this title. TITLE XVm—EFFECTIVE DATE

7 USC 4301 note.

SEC. 1801. Except as otherwise provided herein, the provisions of this Act shall become effective on enactment Approved December 22, 1981.

LEGISLATIVE HISTORY—S. 884 (H.R. 3603): HOUSE REPORTS: No. 97-106 (Coram, on Agriculture), No. 97-106, Part 2 (Corara. on Appropriations), No. 97-106, Part 3 (Coram, on Ways and Means) accompanying H.R. 3603, and No. 97-377 (Coram, of Conference). SENATE REPORTS: No. 97-126 (Coram, on Agriculture, Nutrition, and Forestry) and No. 97-290 (Corara. of Conference). CONGRESSIONAL RECORD, Vol. 127 (1981): Sept. 14-18, considered and passed Senate. Oct. 2, 7, 14, 15, 20^22, H.R. 3603 considered and passed House; proceedings vacated and S. 884, araended, passed in lieu. Dec. 10, Senate agreed to conference report. Dec. 16, House agreed to conference report. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 17, No. 52 (1981): Dec. 22, Presidential stateraent.

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 PUBLIC LAW 97-99—DEC. 23, 1981

95 STAT. 1359

Public Law 97-99 97th Congress An Act To authorize certain construction at military installations for fiscal year 1982, and for other purposes.

Dec 23 1981 ^^' ' — [H.R. 3455]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That this Act may be Military cited as the "Military Construction Authorization Act, 1982". SSoriSSn TITLE I—ARMY AUTHORIZED ARMY CONSTRUCTION PROJECTS

SEC. 101. The Secretary of the Army may establish or develop military installations and facilities by acquiring, constructing, converting, rehabilitating, or installing permanent or temporary public works, including land acquisition, site preparation, ap{)urtenances, utilities, and equipment, for the following acquisition and construction: INSIDE THE UNITED STATES UNITED STATES ARMY FORCES COMMAND

Fort Bragg, North Carolma, $1,600,000. Fort Campbell, Kentucky, $1,500,000. Fort Carson, Colorado, $29,690,000. Fort Drum, New York, $14,480,000. Fort Greely, Alaska, $1,150,000. Fort Hood, Texas, $28,710,000. Fort Irwin, California, $43,350,000. Fort Lewis, Washington, $6,700,000. Fort George G. Meade, Maryland, $3,350,000. Fort Polk, Louisiana, $630,000. Fort Riley, Kansas, $4,640,000. Fort Stewart/Hunter Army Air Field, Georgia, $28,500,000. Fort J. M. Wainwright, Alaska, $1,200,000. Presidio of San Francisco, California, $520,000. UNITED STATES ARMY TRAINING AND DOCTRINE COMMAND

Carlisle Barracks, Pennsylvania, $620,000. Fort Belvoir, Virginia, $3,600,000. Fort Benjamin Harrison, Indiana, $5,120,000. Fort Benning, Georgia, $21,810,000. Fort Bliss, Texas, $3,700,000. Fort Dix, New Jersey, $28,040,000. Fort Eustis, Virginia, $8,280,000. Fort Knox, Kentucky, $620,000. Fort Leavenworth, Kansas, $670,000. Fort Lee, Virginia, $9,870,000. Fort McClellan, Alabama, $4,780,000.

Act, 1982.

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 95 STAT. 1360

PUBLIC LAW 97-99—DEC. 23, 1981 Fort Pickett, Virginia, $640,000. Fort Rucker, Alabama, $5,210,000. Fort Sill, Oklahoma, $4,650,000. Fort Story, Viiginia, $1,050,000. UNITED STATES ARMY MATERIEL DEVELOPMENT AND READINESS COMACAND

Aberdeen Proving Ground, Maryland, $4,200,000. Army Materials and Mechanics Research Center, Massachusetts, $1,200,000. Corpus Christi Army Depot, Texas, $840,000. Crane ^rmy Ammunition Plant Activity, Indiana, $540,000. Fort Monmouth, New Jersey, $26,000,000. Lexington—Blue Grass Army Depot, Kentucky, $1,450,000. Red River Army Depot, Texas, $2,720,000. Redstone Arsenal, Alabama, $4,750,000. Rock Island Arsenal, Illinois, $4,000,000. Savanna Army Ammunition Depot, Illinois, $3,600,000. Tobyhanna Army Depot, Pennsylvania, $1,800,000. Tooele Army Depot, Utah, $1,500,000. AMMUNITION FACILITIES

Holston Army Ammunition Plant, Tennessee, $2,627,000. Indiana Army Ammunition Plant, Indiana, $2,453,000. Iowa Army ^jnmunition Plant, Iowa, $18,599,000. Kansas Army Ammunition Plant, Kansas, $4,344,000. Lake City Army Ammunition Plant, Missouri, $604,000. Longhom Army Ammunition Plant, Texas, $257,000. Milan Army Ammunition Plant, Tennessee, $1,984,000. Newport Army Ammunition Plant, Indiana, $728,000. Radford Army Ammunition Plant, Virginia, $17,390,000. MILITARY DISTRICT OP WASHINGTON

Fort Myer, Virginia, $820,000.

UNITED I^ATES ARMY COMMUNICATIONS COMMAND

Fort Ritchie, Maryland, $920,000. UNITED STATES MILITARY ACADEMY

United States Military Academy, West Point, New York, $7,700,000. UNITED STATES ARMY HEALTH SERVICES COMMAND

Fort Detrick, Maryland, $1,450,000. Walter Reed Army Medical Center, District of Columbia, $6,250,000. MILITARY TRAFPIC MANAGEMENT COMMAND

Bayonne Terminal, New Jersey, $2,800,000. Sunny Point Army Terminal, North Carolina, $880,000.

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 PUBLIC LAW 97-99—DEC. 23, 1981

95 STAT. 1361

CONUS VARIOUS

Various Locations, $1,950,000. OUTSIDE THE UNITED STATES EIGHTH UNITED STATES ARMY, KOREA

Various Locations, $62,320,000. UNITED STATES ARMY FORCES COMMAND, OVERSEAS

Egypt, $36,000,000. KWAJALEIN MISSILE RANGE

National Missile Range, $3,240,000. UNITED STATES ARMY, JAPAN

Kawakami, Japan, $1,950,000. UNITED STATES ARMY, EUROPE

Germany, $267,596,000. Turkey, $20,800,000. UNITED STATES ARMY INTELLIGENCE AND SECURITY COMMAND

Korea, $1,550,000. Turkey, $2,550,000. EMERGENCY CONSTRUCTION

SEC 102. The Secretsuy of the Army may establish or develop installations and facilities by proceeding with construction made necessary by changes in missions and responsibilities which have been occasioned by (1) unforeseen security considerations, (2) new weapons developments, (3) new and unforeseen research and development requirements, (4) improved production schedules, or (5) revisions in the tasks or functions assigned to a military installation or facility or for environmental considerations, if the Secretary of Defense determines that deferral of such construction for inclusion in the next Military Construction Authorization Act would be inconsistent with interests of national security and, in connection therewith, may acquire, construct, convert, rehabilitate, or install permanent or temporary public works, including land acquisition, site preparation, appurtenances, utilities, and equipment in the total amount of $20,000,000. The Secretary of the Army, or the Secretary's designee, Notification to shall notify the Committees on Armca Services of the Senate and congressional House of Representatives, immediately upon reaching a final deci- committees. sion to implement, of the cost of construction of any public work undertaken under this section, including those real estete actions pertaining thereto. This authorization shall expire on October 1, Expiration date. 1982, or on the date of the enactment of the Military Construction Authorization Act for fiscal year 1983, whichever is later, except for those public works projects concerning which the Committees on Armed Services of the Senate and House of Representatives have been notified pursuant to this section before such date.

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Page:United States Statutes at Large Volume 95.djvu/1388

 95 STAT. 1362

PUBLIC LAW 97-99—DEC. 23, 1981 MINOR CONSTRUCTION

SEC. 103. The Secretary of the Army is authorized to accomplish minor construction projects under section 2674 of title 10, United States Code, in the amount of $34,150,000. DEFICIENCY AUTHORIZATIONS FOR PRIOR YEAR PROJECTS

SEC. 104. (a) Section 602(1) of the Military Construction Authorization Act, 1980 (Public Law 96-125; 93 Stat. 941), is amended to read as follows: "(1) for title I: inside the United States $591,785,000; outside the United States $162,950,000; minor construction $52,270,000; for a total of $807,005,000.". Ob) Section 602(1) of the Military Construction Authorization Act, 1981 (Public Law 96-418; 94 Stat. 1768), is amended to read as follows: "(1) for title I: inside the United States $590,440,000; outside the United States $248,140,000; minor construction $44,560,000; for a total of $883,140,000.". TITLE II—NAVY AUTHORIZED NAVY CONSTRUCTION PROJECTS

SEC. 201. The Secretary of the Navy may establish or develop military installations and facilities by acquiring, constructing, converting, rehabilitating, or installing permanent or temporary public works, including land acquisition, site preparation, appurtenances, utilities, and equipment for the following acquisition and construction: INSIDE THE UNITED STATES UNITED STATES M A R I N E CORPS

Marine Corps Logistics Base, Barstow, California, $4,700,000. Marine Corps Base, Camp Leieune, North Carolina, $26,250,000. Marine Corps Base, Camp Pendleton, California, $18,55,000, Marine Corps Air Station, Cherry Point, North Carolina, $3,700,000. Marine Corps Ah* Station, El Toro, California, $12,400,000. Marine Corps Air Station, Kaneohe Bay, Hawaii, $2,650,000. Marine Corps Air Station, New River, North Carolina, $5,060,000. Marine Corps Bases Pacific, Camp H. M. Smith, Oahu, Hawaii, $2,900,000. Marine Corps Recruit Depot, Parris Island, South Carolina, $13,400,000. Marine Corps Development and Education Command, Quantico, Virginia, $13,560,000. Marine Corps Recruit Depot, San Diego, California, $1,300,000. Marine Corps Air Station (Helicopter), Tustin, California, $7,600,000. Marine Corps Air-Ground Combat Center, Twentynine Palms, California, $5,450,000. Marine Corps Air Station, Yuma, Arizona, $3,450,000. OFFICE OF NAVAL RESEARCH

Naval Ocean Research and Development Activity, Bay Saint Louis, Mississippi, $5,900,000.

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Page:United States Statutes at Large Volume 95.djvu/1389

 PUBLIC LAW 97-99—DEC. 23, 1981

95 STAT. 1363

Naval Research Laboratory, Washington, District of Columbia, $6,800,000. CHIEF OP NAVAL OPERATIONS

Naval Submarine Base, Bangor, Bremerton, Washington, $19,150,000. Naval Submarine Support Base, Kings Bay, Kingsland, Georgia, $65,060,000. COMMANDER IN CHIEF, UNITED STATES ATLANTIC FLEET

Naval Air Station, Brunswick, Maine, $12,800,000. Naval Air Station, Cecil Field, Florida, $21,700,000. Naval Station, Charleston, South Carolina, $21,660,000. Naval Submarine Base, New London, Groton, Connecticut, $15,650,000. Naval Submarine Support Facility, New London, Groton, Connecticut, $8,300,000. Naval Air Station, Jacksonville, Florida, $6,380,000. Naval Amphibious Base, Little Creek, Virginia, $27,950,000. Naval Station, Mayport, Florida, $2,000,000. Naval Station, Norfolk, Virginia, $46,100,000. Naval Air Station, Oceana, Virginia, $18,760,000. COMMANDER IN CHIEF, UNITED STATES PACIFIC FLEET

Naval Station, Adak, Alaska, $1,550,000. Naval Air Station, Barbers Point, Hawaii, $9,650,000. Naval Air Station, Fallon, Nevada, $18,300,000. Naval Air Station, Lemoore, California, $2,200,000. Naval Station, Long Beach, California, $22,000,000. Naval Air Station, Moffett Field, California, $2,000,000. Naval Air Station, North Island, California, $13,240,000. Naval Station, Pearl Harbor, Hawaii, $9,920,000. Naval Submarine Base, Pearl Harbor, Hawaii, $13,350,000. NAVAL EDUCATION AND TRAINING COMMAND

Naval Air Station, Chase Field, Texas, $3,230,000. Fleet Combat Training Center, Atlantic, Dam Neck, Virginia, $4,600,000. Naval Training Center, Great Lakes, Illinois, $11,800,000. Naval Explosive Ordnance Disposal School, Indian Head, Maryland, $3,300,000. Naval Air Station, Memphis, Millington, Tennessee, $11,000,000. Naval Air Station, Meridian, Mississippi, $2,600,000. Naval Education and Training Center, Newport, Rhode Island, $1,900,000. Naval Justice School, Newport, Rhode Island, $1,500,000. Naval Training Center, Orlando, Florida, $6,880,000. Naval Air Station, Pensacola, Florida, $14,100,000. Fleet Combat Training Center, Pacific, San Diego, California, $6,800,000. Naval Training Center, San Diego, California, $1,150,000. BUREAU OF MEDICINE AND SURGERY

Naval Regional Medical Clinic, Annapolis, Maryland, $3,560,000. National Naval Medical Center, Bethesda, Maryland, $1,100,000.

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Page:United States Statutes at Large Volume 95.djvu/1390

 95 STAT. 1364

PUBLIC LAW 97-99—DEC. 23, 1981 NAVAL MATERIAL COMMAND

Pacific Missile Range Facility, Barking Sands, Hawaii, $8,100,000. David W. Taylor Naval Ship R^earch and Development Center, Bethesda, Maryland, $5,050,000. Puget Sound Naval Shipyard, Bremerton, Washington, $164,600,000. Charleston Naval Shipyard, Charleston, South Carolina, $20,650,000. Naval Supply Center, Charleston, South Carolina, $4,200,000. Naval Weapons Station, Charleston, South Carolina, $1,390,000. Naval Air Rework Facility, Cherry Point,* North Carolina, $2,800,000. ,:, Naval Weapons Center, China Lake, California, $4,400,000. "' Naval Weapons Station, Concord, California, $1,280,000. Naval Weapons Support Center, Crane, Indiana, $3,500,000. Naval Surface Weapons Center, Dahlgren, Virginia, $4,900,000. Naval Construction Battalion Center, Gulfport, Mississippi, $680,000. Naval Ordnance Station, Indian Head, Maryland, $26,100,000. Naval Air Rework Facility, Jacksonville, Florida, $25,620,000. Naval Undersea Warfare Engineering Station, Keyport, Washington, $8,300,000. Portsmouth Naval Shipyard, Kittery, Maine, $2,900,000. Naval Air Engineering Center, Lakehurst, New Jersey, $3,178,000. Naval Underwater Systems Center Detachment, New London, Connecticut, $3,100,000. Naval Air Rework Facility, Norfolk, Virginia, $18,650,000. Naval Supply Center, Norfolk, Virginia, $6,200,000. Naval Public Works Center, Norfolk, Virginia, $2,400,000. Naval Supply Center, Oakland, California, $2,420,000. Naval Air Test Center, Patuxent River, Maryland, $3,600,000. Naval Supply Center, Pearl Harbor, Hawaii, $520,000. Navy Public Works Center, Pearl Harbor, Hawaii, $13,700,000. Pearl Harbor Naval Shipyard, Pearl Harbor, Hawaii, $14,100,000. Navy Public Works Center, Pensacola, Florida, $2,800,000. Philadelphia Naval Shipyard, Philadelphia, Pennsylvania, $17,030,000. Norfolk Naval Shipyard, Portsmouth, Virginia, $6,050,000. Naval Air Rework Facility, North Island, San Diego, California, $1,150,000. Naval Supply Center, San Diego, California, $2,350,000. Naval Weapons Station, Seal Beach, California, $520,000. Naval Air Propulsion Center, Trenton, New Jersey, $720,000. Mare Island Naval Shipyard, Vallejo, California, $27,700,000. Naval Surface Weapons Center Detachment, White Oak, Maryland, $4,450,000. NAVAL TELECOMMUNICATIONS COMMAND

Naval Communication Area Master Station Eastern Pacific, Honolulu, Hawaii, $2,300,000. Naval Communications Station, Stockton, California, $830,000. NAVAL SECURITY GROUP COMMAND

Naval Security Group Activity, Adak, Alaska, $5,510,000.

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Page:United States Statutes at Large Volume 95.djvu/1391

 PUBLIC LAW 97-99—DEC. 23, 1981

95 STAT. 1365

OUTSIDE THE UNITED STATES CHIEF OF NAVAL OPERATIONS

Circle Transit Station, Blenheim, New Zealand, $1,250,000. Defense Installations, Mariana Islands, $32,000,000. COMMANDER IN CHIEF, UNITED STATES ATLANTIC FLEET

Naval Facility, Brawdy, Wales, United Kingdom, $2,800,000. Naval Station, Keflavik, Iceland, $2,350,000. COMMANDER IN CHIEF, UNITED STATES PACIFIC FLEET

Naval Air Station, Cubi Point, Republic of the Philippines, $12,150,000. Naval Support Facility, Di^o Garcia, Indian Ocean, $122,750,000. Naval Activities, Kenya, $4,000,000. Naval Activities, Somalia, $24,000,000. Naval Ship Repair Facility, Subic Bay, Republic of the Philippines, $580,000. Naval Station, Subic Bay, Republic of the Philippines, $6,800,000. Fleet Activities, Yokosuka, Japan, $1,250,000. UNITED STATES NAVAL FORCES EUROPE

Naval Station, Rota, Spain, $4,300,000. Naval Air Facility, Sigonella, Italy, $17,100,000. NAVAL TELECOMMUNICATIONS COMMAND

Naval Communications Station, Ponce, Puerto Rico, $1,600,000. NAVAL SECURITY GROUP COMMAND

Naval Security Group Activity, Edzell, Scotland, United Kingdom, $3,515,000. < EMERGENCY CONSTRUCTION

SEC. 202. The Secretary of the Nayy may establish or develop installations and facilities by proceeding with construction made necessary by changes in missions and responsibilities which have been occasioned by (1) unforeseen security considerations, (2) new weapons developments, (3) new and unforeseen research and development requirements, (4) improved production schedules, or (5) revisions in the tasks or functions assigned to a militarv installation or facility or for environmental considerations, if the Secretary of Defense determines that deferral of such construction for inclusion in the next Military Construction Authorization Act would be inconsistent with interests of national security and, in connection therewith, may acquire, construct, convert, rehabilitate, or install permanent or temporary public works, including land acquisition, site preparation, appurtenances, utilities, and equipment in the total amount of $20,000,000. The Secretary of the Navy, or the Secretary's designee, Notification to shall notify the Committees on Armed Services of the Senate and congressional House of Representatives, immediately upon reaching a final deci- committees. sion to implement, of the cost of construction of any public work undertaken under this section, including those real estate actions pertaining thereto. This authorization shall expire on October 1, Expiration date.

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Page:United States Statutes at Large Volume 95.djvu/1392

 95 STAT. 1366

PUBLIC LAW 97-99—DEC. 23, 1981

1982, or on the date of the enactment of the Military Construction Authorization Act for fiscal year 1983, whichever is later, except for those public works projects concerning which the Committees on Armed Services of the Senate and House of Representatives have been notified pursuant to this section before such date. MINOR CONSTRUCTION

SEC. 203. The Secretary of the Navy is authorized to accomplish minor construction projects under section 2674 of title 10, United States Code, in the amount of $33,320,000. NAVAL AIR STATION, KEY WEST, FLORIDA

SEC. 204. The Secretary of the Navy may acquire lands or interests in lands necessary to ensure unhampered air operations at the Naval Air Station, Key West, Florida, by exchange of Government-owned land of equal value to the lands or interests in lands acquired. STEAM SUPPLY, NAVAL STATION, CHARLESTON, SOUTH CAROLINA

SEC. 205. (a) The Secretary of the Navy may, in order to supply needed steam or needed steam and electricity to the Naval Station, Charleston, South Carolina— (1) construct steam lines and all other needed facilities to tie into the waste heat recovery boilers of the Macalloy Corporation (a corporation incorporated under the laws of the State of Delaware), and (2) contract with such corporation to supply steam or both steam and electricity to such naval station, if the Secretary determines that such construction and contract would be cost effective using accepted life-cycle costing procedures. (b) Before entering into a contract with the Macalloy Corporation for the supply of steam or both steam and electricity, the Secretary of the Navy shall submit a report on the costs associated with such contract (including the life-cycle cost analyses to support his proposal) to the Committees on Armed Services of the Senate and House of Representatives. The Secretary may then enter into such contract with the Macalloy Corporation after thirty days have elapsed from the date of receipt by such committees of such report or after both committees have indicated approval of such report. (c) The authority of the Secretary to enter into a contract under this section is subject to the availability of appropriations for that purpose. ..', TITLE m—AIR FORCE AUTHORIZED AIR FORCE CONSTRUCTION PROJECTS

SEC. 301. The Secretary of the Air Force may establish or develop military installations and facilities by acquiring, constructing, converting, rehabilitating, or installing permanent or temporary public works, including land acquisition, site preparation, appurtenances, utilities, and equipment, for the following acquisition and construction:

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Author:Friedrich Schmidt

Works

 * The Eurypterus beds of Oesel as compared with those of North America. Bulletin of the Geological Society of America. Vol. 3 (1892)

title: Author:Friedrich Schmidt


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Page:United States Statutes at Large Volume 95.djvu/1393

 PUBLIC LAW 97-99—DEC. 23, 1981 INSIDE THE UNITED STATES AIR FORCE LOGISTICS COMMAND

Kelly Air Force Base, Texas, $8,550,000. McClellan Air Force Base, California, $18,830,000. Robins Air Force Base, Georgia, $6,890,000. Tinker Air Force Base, Oklahoma, $31,520,000. Wright-Patterson Air Force Base, Ohio, $120,150,000. AIR FORCE SYSTEMS COMMAND

Arnold En@neering Development Center, Tennessee, $1,690,000. Brooks Air Force Base, Texas, $3,110,000. Buckley Air National Guard Base, Colorado, $14,000,000. Cape Canaveral Air Force Station, Florida, $1,810,000. Eglin Air Force Base, Florida, $4,100,000. Los Angeles Air Force Station, California, $2,370,000. Patrick Air Force Base, Florida, $2,950,000. Sunnyvale Air Force Station, California, $7,250,000. AIR TRAINING COMMAND

Chanute Air Force Base, Illinois, $4,120,000. Columbus Air Force Base, Mississippi, $510,000. Keesler Air Force Base, Mississippi, $8,480,000. Laughlin Air Force Base, Texas, $1,090,000. Lowry Air Force Base, Colorado, $2,840,000. Mather Air Force Base, California, $1,520,000. Randolph Air Force Base, Texas, $3,360,000. Reese Air Force Base, Texas, $1,140,000. Sheppard Air Force Base, Texas, $10,745,000. Vance Air Force Base, Oklahoma, $2,840,000. Williams Air Force Base, Arizona, $2,600,000. ALASKAN AIR COMMAND

Eielson Air Force Base, Alaska, $1,700,000. Elmendorf Air Force Base, Alaska, $7,240,000. King Salmon Airport, Alaska, $8,050,000. Various Locations, Alaska, $42,750,000. MILITARY AIRUFT COMMAND

Altus Air Force Base, Oklahoma, $6,650,000. Andrews Air Force Base, Maryland, $4,940,000. Charleston Air Force Base, South Carolina, $630,000. Kirtland Air Force Base, New Mexico, $7,510,000. Little Rock Air Force Base, Arkansas, $790,000. McChord Air Force Base, Washington, $1,180,000. McGuire Air Force Base, New Jersey, $2,680,000. Norton Air Force Base, California, $20,000,000. Pope Air Force Base, North Carolina, $5,510,000. Scott Air Force Base, Illinois, $5,450,000. Travis Air Force Base, California, $3,790,000. NORTH AMERICAN AIR DEFENSE COMMAND

NORAD Cheyenne Mountain Complex, Colorado, $11,000,000.

89-194 0—82

88: QL3

95 STAT. 1367

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Page:United States Statutes at Large Volume 95.djvu/1394

 95 STAT. 1368

PUBLIC LAW 97-99—DEC. 23, 1981 PACIFIC AIR FORCES

Hickam Air Force Base, Hawaii, $1,090,000. STRATEGIC AIR COMMAND

Barksdale Air Force Base, Louisiana, $3,000,000. Blytheville Air Force Base, Arkansas, $20,440,000. Carswell Air Force Base, Texas, $89,810,000. Castle Air Force Base, California, $2,000,000. Dyess Air Force Base, Texas, $1,420,000. Ellsworth Air Force Base, South Dakota, $36,880,000. Francis E. Warren Air Force Base, Wyoming, $720,000. Fairchild Air Force Base, Washington, $25,800,000. Grand Forks Air Force Base, North Dakota, $1,420,000. Griffiss Air Force Base, New York, $8,390,000. Grissom Air Force Base, Indiana, $4,070,000. K. I. Sawyer Air Force Base, Michigan, $4,370,000. Loring Air Force Base, Maine, $12,340,000. March Air Force Base, California, $1,705,000. McConnell Air Force Base, Kansas, $1,090,000. Minot Air Force Base, North Dakota, $7,406,000. Offutt Air Force Base, Nebraska, $4,060,000. Pease Air Force Base, New Hampshire, $6,840,000. Peterson Air Force Base, Colorado, $4,260,000. Plattsburgh Air Force Base, New York, $890,000. Rickenbacker Air Force Base, Indiana, $540,000. Vandenbeig Air Force Base, California, $9,000,000. Whiteman Air Force Base, Missouri, $1,090,000. Wurtsmith Air Force Base, Michigan, $2,270,000. TACTICAL AIR COMMAND

Bergstrom Air Force Base, Texas, $2,580,000. Cannon Air Force Base, New Mexico, $2,700,000. Davis-Monthan Air Force Base, Arizona, $12,460,000. England Air Force Base, Louisiana, $2,170,000. George Air Force Base, California, $2,460,000. Holloman Air Force Base, New Mexico, $7,480,000. Homestead Air Force Base, Florida, $2,480,000. Hurlburt Field, Florida, $510,000. Langley Air Force Base, Virginia, $10,220,000. Luke ^ r Force Base, Arizona, $520,000. MacDill Air Force Base, Florida, $16,960,000. Moody Air Force Base, Georgia, $650,000. Mountain Home Air Force Base, Idaho, $3,410,000. Myrtle Beach Air Force Base, South Carolina, $7,130,000. Nellis Air Force Base, Nevada, $6,870,000. Seymour^ohnson Air Force Base, North Carolina, $1,420,000. Tyndall Air Force Base, Florida, $510,000. UNITED STATES AIR FORCE ACADEMY

United States Air Force Academy, Colorado, $510,000.

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Page:United States Statutes at Large Volume 95.djvu/1395

 PUBLIC LAW 97-99—DEC. 23, 1981

95 STAT. 1369

OUTSIDE THE UNITED STATES MILITARY AIRLIFT COMMAND

L£yes Field, Portugal, $46,570,000. Rhein-Main Air Base, Germany, $1,200,000. PACDTC AIR FORCES

aark Air Base, Republic of the Philippines, |9,330,000. Diego Garcia Air Base, Indian Ocean, $114,990,000. Hampyong Communication Station, Korea, $1,540,000. Hunghae Communication Station, Korea, $1,500,000. Kadena Air Base, Japan, |17,490,000. Kunsan Air Base, Korea, $12,380,000. Kwang-Ju Air Base, Korea, $6,650,000. Osan Air Base, Korea, $26,720,000. Various Locations, $1,250,000. STRATEGIC AIR COMMAND

Thule Air Base, Greenland, $1,600,000. UNITED STATES AIR FORCES I N EUROPE

Egypt, Various Locations, $70,400,000. Germany, Various Locations, $13,424,000. San Vito Air Station, Italy, $1,540,000. Camp New Amsterdam, Netherlands, $4,860,000. Hellenikon, Greece, $800,000. Oman, Various Locations, $78,480,000. Spain, Various Locations, $5,390,000. Incirlik Air Base, Turkey, $1,160,000. Turkey, Various Locations, $4,000,000. United Kingdom, Various Locations, $26,190,000. Various Locations, $113,086,000. EMERGENCY CONSTRUCTION

SEC. 302. The Secretary of the Air Force may establish or develop installations and facilities by proceeding with construction made necessary by changes in missions and responsibilities which have been occasioned by (1) unforeseen security considerations, (2) new weapons developments, (3) new and unforeseen research and development requirements, (4) improved production schedules, or (5) revisions in the tasks or functions assigned to a military installation or facility or for environmental considerations, if the Secretary of Defense determines that deferral of such construction for inclusion in the next Military Construction Authorization Act would be inconsistent with interests of national security and, in connection therewith, may acquire, construct, convert, rehabilitate, or install permanent or temporary public works, including land acquisition, site preparation, appurtenances, utilities, and equipment in the total amount of ^20,000,000. The Secretary of the Air Force, or the Secretary's Notification to designee, shall notify the Committees on Armed Services of the congressional committees. Senate and House of Representatives, immediately upon reacMng a final decision to implement, of the cost of construction of any public work undertaken under this section, including those real estate actions pertaining thereto. This authorization shall expire on Octo- Expiration date.

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Page:United States Statutes at Large Volume 95.djvu/1396

 95 STAT. 1370

PUBLIC LAW 97-99—DEC. 23, 1981

ber 1, 1982, or on the date of the enactment of the Military Construction Authorization Act of fiscal year 1983, whichever is later, except for those public works projects concerning which the Committees on Armed Services of the Senate and House of Representatives have been notified pursuant to this section before such date. MINOR CONSTRUCTION

SEC. 303. The Secretary of the Air Force is authorized to accomplish minor construction projects under section 2674 of title 10, United States Code, in the amount of $28,680,000. DEFICIENCY AUTHORIZATION FOR PRIOR YEAR PROJECT

SEC. 304. Section 602(3) of the Military Construction Authorization Act, 1977 (Public Law 94-431; 90 Stat. 1361) is amended to read as follows: "(3) for title HI: inside the United States $759,759,000; outside the United States $56,650,000; for a total of $816,409,000.". TITLE IV—DEFENSE AGENCIES AUTHORIZED CONSTRUCTION PROJECTS FOR THE DEFENSE AGENCIES

SEC. 401. The Secretary of Defense may establish or develop military installations and facilities by acquiring, constructing, converting, rehabilitating, or installing permanent or temporary public works, including land acquisition, site preparation, appurtenances, utilities, and equipment, for defense agencies for the following acquisition and construction: INSIDE THE UNITED STATES DEFENSE I N T E L L I G E N C E AGENCY

Boiling Air Force Base, District of Columbia, $72,500,000. DEFENSE LOGISTICS AGENCY

Defense Construction Supply Center, Columbus, Ohio, $680,000. Defense Depot, Tracy, California, $554,000. Defense Depot, Mechanicsburg, Pennsylvania, $2,050,000. Defense Depot, Memphis, Tennessee, $5,220,00. Defense Depot, Ogden, Utah, $2,670,000. Defense Fuel Support Point, Grand Forks, North Dakota, $1,690,000. Defense Fuel Support Point, Pearl City, Hawaii, $3,600,000. Defense General Supply Center, Richmond, Virginia, $5,600,000. Defense Property Disposal Office, Fort Bragg, North Carolina, $2,800,000. DEFENSE MAPPING AGENCY

Aerospace Center, Saint Louis, Missouri, $10,750,000. DEFENSE PUBLIC AFFAIRS

American Forces Radio and Television Service, Los Angeles, California, $6,125,000.

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Page:United States Statutes at Large Volume 95.djvu/1397

 PUBLIC LAW 97-99—DEC. 23, 1981

95 STAT. 1371

NATIONAL SECURITY AGENCY

Fort George G. Meade, Maryland, $57,596,000. OFFICE OF THE SECRETARY OF DEFENSE

Classified Activity, Classified Location, $10,000,000. Classified Activity, Fort Belvoir, Virginia, $2,100,000. OUTSIDE THE UNITED STATES DEFENSE COMMUNICATIONS AGENCY

Patch Barracks, Vaihingen, Germany, $900,000. DEFENSE LOGISTICS AGENCY

Defense Fuel Support Point, Wake Island, $14,500,000. Defense Property Disposal Office, Kaiserslautern, Germany, $1,210,000. OFFICE OF THE SECRETARY OF DEFENSE

Classified Activity, Classified Location, $2,000,000. DEPARTMENT OF DEFENSE DEPENDENTS SCHOOLS

Croughton Royal Air Force Station, United Kingdom, $13,700,000. Dexheim, Germany, $800,000. Fulda, Germany, $8,590,000. Landstuhl Air Base, Germany, $5,080,000. Misawa Air Base, Japan, $6,180,000. Naval Station, Guantanamo Bay, Cuba, $5,900,000. Pusan, Korea, $2,460,000. Schwaebisch Hall, Germany, $640,000. Seoul, Korea, $4,350,000. Vilseck, Germany, $8,120,000. Yokota Air Base, Japan, $3,290,000. EMERGENCY CONSTRUCTION

SEC. 402. The Secretary of Defense may establish or develop installations and facilities which he determines to be vital to the security of the United States and, in connection therewith, may acquire, construct, convert, rehabilitate, or install permanent or temporary public works, including land acquisition, site preparation, appurtenances, utilities, and equipment in the total amount of $15,000,000. The Secretary of Defense, or the Secretary's designee, Notification to shall notify the Committees on Armed Services of the Senate and congressional House of Representatives, immediately upon reaching a final deci- ^o™™!***^^. ' sion to implement, of the cost of construction of any public work undertaken under this section, including real estate actions pertaining thereto. MINOR CONSTRUCTION

SEC. 403. The Secretary of Defense is authorized to accomplish minor construction projects under section 2674 of title 10, United States Code, in the amount of $6,210,000.

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