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facilities (including machinery and equipment) for industrial or commercial usage, including the construction of new buildings, the rehabilitation of abandoned or unoccupied buildings, and the alteration, conversion, or enlargement of existing buildings by (A) purchasing evidences of indebtedness, (B) making loans (which for purposes of this section shall include participation in loans), (C) guaranteeing loans made to private borrowers by private lending institutions, for any of the purposes referred to in this paragraph upon application of such institution and upon such terms and conditions as the Secretary may prescribe, except that no such guarantee shall at any time exceed 90 per centum of the amount of the outstanding unpaid balance of such loan. "(2) The Secretary is authorized to aid in financing any industrial, *°'"^,L'T,^!f, or commercial activity withm a redeveloment area by (A) making working capital loans, (B) guaranteeing working capital loans made to private borrowers by private lending institutions upon application of such institution and upon such terms and conditions as the Secretary may prescribe, except that no such guarantee shall at any time exceed 90 per centum of the amount of the outstanding unpaid balance of such loan, (C) guaranteeing rental payments of leases for buildings and equipment, except that no such guarantee shall exceed 90 per centum of the remaining rental payments required by the lease."; (2) by striking out in subsection (b)(7) the comma after the words "no loan" and inserting immediately thereafter the words "or guarantee,". (3) by striking out in subsection (b)(9) "Loan assistance" and inserting in lieu thereof "Loan assistance (other than for a working capital loan)". SEC. 5. (a) Section 302 of such Act. as amended, is amended by '^^ ^^^ ^^^^• redesignating such section as section 303. (b) Such Act, as amended, is amended by inserting immediately after section 301 the following new section 302: 42 USC 3151. "SKC. 302. (a) The Secretary is authorized, upon application of Economic deci,

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any State, or city, or other political subdivision of a State, or sub- ning, grants. State planning and development organization (including a redevelop- '•^ use sisia. ment area or an economic develoj^ment district), to make direct grants to such State, city, other political subdivision, or organization to pay up to 80 per centum of the cost for economic development planning. The planning for cities, other political subdivisions, and sub-State planning and de\elopment organizations (including redevelopment areas and economic development districts) assisted under this section shall include systematic efforts to reduce unemployment and increase incomes. Such planning shall be a continuous process involving public officials and private citizens in analyzing local economies, defining development goals, determining project opportunities, and formulatplanning. ing and implementing a development program. Any overall State n,^„°„°^^„^*^ economic development planning assisted under this section shall be " """'"" conducted cooperatively by the State, cities and other political subdivisions, and economic development organizations (including redevelopment areas and economic development districts) located in whole or in part within such State, and such State planning shall incorporate the goals and objectives of local and economic development district planning. Any overall State economic development planning shall be a part of a comprehensive planning process that shall consider the provision of public works to stimulate and channel development, economic opportunities and choices for individuals; to support sound land use, to enhance and protect the environment including the con-

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PUBLIC LAW 93-423-SEPT. 27, 1974

42 USC 3151. ^"^'•^report. Development districts, assist-

ance. 42 USC 4231.

Ante, p. 1159.

Limitation.

servation and preservation of open spaces and environmental quality, to provide public services, and to balance physical and human resources through the management and control of physical development. The assistance available under this section may be provided in addition to assistance available under section 301(b) of this Act but shall not supplant such assistance and shall be available to develop an annual inventory of specific recommendations for assistance under section 304 of this Act. Each State receiving assistance under this subsection shall g^bniit to the Secretary an annual report on the planning process assisted under this subsection. u/j^\ j^^ uddition, the Secretary is authorized to assist economic -,

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development districts in-— "(1) providing technical assistance (other than by grant) to local governments within the district; and "(2) carrying out any review procedure required pursuant to title IV of the Intergovernmental Cooperation Act of 1968, if such district has been designated as the agency to conduct such review.". used in accordance with the review procedure required pursuant to title IV of the Intergovernmental Cooperation Act of 1968 and shall be used in conjunction with any other available Federal planning assistance to assure adequate and effective planning and economical use of funds." ^^^ Section 303 of such Act, as redesignated by this Act, is amended by inserting " (a) " immediately after "Sec. 33.", by striking "this title" and inserting in lieu thereof "sections 301 and 302 of this Act", by striking out the period at the end and inserting in lieu thereof the following: "and $75,000,000 per fiscal year for the fiscal years ending June 30, 1975, and June 30, 1976.". "(b) Not to exceed $15,000,000 in each of the fiscal years ending June 30, 1975, and June 30, 1976, of the sums authorized to be appropriated under subsection (a) of this section, shall be available to make grants to States.". (d) Such Act, as amended, is amended by adding after section 303 the following new section: "SUPPLEMENTAL
 * '(c) The planning assistance authorized under this title shall be

42 USC 3153.

42 USC 3131, 3141, 3 1 5 1.

State contribution.

[88 STAT.

AND BASIC GRANTS

"SEC. 304. (a) There are hereby authorized to be appropriated $35,000,000 for the fiscal year ending June 30, 1975, and $75,000,000 for the fiscal year ending June 30, 1976, for apportionment by the Secretary among the States for the purpose of supplementing or making grants and loans authorized under titles I, II, and IV of this Act. Such funds shall be apportioned among the States in the ratio which all grants made under title I of this Act since August 26, 1965. in each State bear to the total of all such grants made in all the States since August 26, 1965. " (b) Funds apportioned to a State pursuant to subsection (a) shall be available for supplementing or making such grants or loans if the State makes a contribution of at least 25 per centum of the amount of such grant or loan in each case. Funds apportioned to a State under subsection (a) shall remain available to such State until obligated or expended by it, "(c) Funds apportioned to a State pursuant to this section may be used by the Governor in supplementing grants or loans with respect to any project or assistance authorized.under title I, II, or IV of.this

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license: Creative Commons - Attribution Share-Alike - https://creativecommons.org/licenses/by-sa/4.0/


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Act, and approved by the Secretary after July 1, 1974. Such grants ^^W^^^^f^^^' may be used to reduce or waive the non-Federal share otherwise required by this Act, subject to the requirements of subsection (b) of this section. " (d) In the case of any grant or loan for which all or any portion Federal conof the basic Federal contribution to the project under this Act is pro- tribution. posed to be made with funds available under this section, no such Federal contribution shall be made until the Secretary of Commerce certifies that such project meets all of the requirements of this Act and could be approved for Federal contributions under this Act if funds were available under this Act (other than section 509) for such project. 42 USC sissa. Funds may be provided for projects in a State under this section only if the Secretary determines that the level of Federal and State financial assistance under this Act (other than section 509) and under Acts other than this Act, for the same type of projects in the State, will not be diminished in order to substitute funds authorized by this section. "(e) After June 30, 1975, funds apportioned to a State pursuant to this section shall be used by the Governor in a manner which is consistent with the State planning process assisted under section 302 of this Act, if such planning process has been established in such State." ^" P- ^^''^• SKC. 6. Section 401(a)(3) of such Act, as amended, is amended by ^2 USC 3161. adding at the end th< ^of the following: ^'Provided, howeve/r, That uninhabited Federal or State Indian reservations or trust or restricted Indian-owned land areas may be designated where such designation would permit assistance to Indian tribes, with a direct beneficial effect on the economic well-being of Indians;". SEC. 7. (a) Section 4 b 3 (a)(l)(B) of such Act, as amended, is District eiigiamended by striking out the words "two or more redevelopment areas" ^'4'2^use 3171. and inserting in lieu thereof "at least one redevelopment area". (b) Section 403 of such Act, as amended, is amended by inserting at the end of such section the following two new subsections: "(i) Each economic development district designated by the Secretary under this section shall as soon as practicable after the date of enactment of this section or after its designation provide that a copy of the district overall economic development program be furnished to the appropriate regional commission established under title V of this Act, if any part of such proposed district is within such a region, or '^^ use 31 si. to the Appalachian Regional Commission established under the Appalachian Regional Development Act of 1965. if any part of such pro- 4o use app. 1. posed district is within the Appalachian region. "(j) The Secretary is authorized to provide the financial assistance which is available to a redevelopment area under this Act to those parts of an economic development district which are not within a redevelopment area, when such assistance will be of substantial direct benefit to a redevelopment area within such district. Such financial assistance shall be provided in the same manner and to the same extent as is provided in this Act for a redevelopment area, except that nothing in this subsection shall be construed to permit such parts to receive the increase in the amount of grant assistance authorized in paragraph (4) of subsection (a) of this section.". (c) Section 408(g) of such Act, as amended, is amended by striking out "for the fiscal year ending June 30, 1974," and inserting in lieu thereof "per fiscal year for the fiscal years ending June 30, 1974, June 30, 1975, and June 30, 1976,". SEC. 8. Title IV of the Public Works and Economic Development Act of 1965, as amended, is amended by adding at the end thereof the 42 USC 3161. following new part:

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PUBLIC LAW 93-423-SEPT. 27, 1974

[88 STAT.

"PART C — I N D I A N ECONOMIC DEVKLOPMENT 42 USC 3172.

42 USC 3183. Technical and planning assistance.

42 USC 3185. Grants-in-aid. 42 USC 3188a.

42 USC 3190.

"SEC. 404. I n order to assure a minimum Federal commitment to alleviate economic distress of Indians, in addition to their eligibility for assistance with funds authorized under other parts of this Act, there are authorized to be appropriated not to exceed $25,000,000 per fiscal year for the fiscal years ending June 30, 1975, and June 30^ 1976, for the purpose of providing assistance under this Act to Indian tribes. Such sums shall be in addition to all other funds made available to Indian tribes under this Act." gj,(._ 9_ ^j^^ Section 503 of such Act, as amended, is amended by inserting "district," in paragraph (7) of subsection (a), immediately after "other Federal, State,". (b) The first sentence of section 505(a)(2) of such Act, as amended, is amended by striking out "and training programs" and inserting "training programs, and the payment of administrative expenses to sub-State planning and development organizations (including economic development districts)," in lieu thereof. (Q) Section 509(d) of such Act, as amended, Is amended by Striking ^^^ ^^^^ ^^^ ^-^^ ^^^^j ^^^ cndlug June 30, 1974, to be available until expended, $95,000,000." and inserting in lieu thereof "for the fiscal year ending June 30, 1974, to be available until expended, $95,000,000, and for each of the fiscal years ending June 30, 1975, and June 30, 1976, to be available until expended, $150,000,000.". (d) Section 511 of such Act, as amended, is amended to read as follows: "COORDINATION

42 USC 3183.

42 USC 3162 note.

"SEC. 511. (a) The Secretary shall coordinate his activities in making grants and loans and providing technical assistance under this Act with those of each of the regional commissions (acting through the Federal and State cochairmen) established under this Act in making grants and providing technical assistance under this title, and each of such regional commissions shall coordinate its activities in making grants and providing technical assistance under this title with those activities of the Secretary under this Act. "(b) Each regional commission established under this Act shall give due consideration in carrying out its activities under paragraphs (2) and (7) of section 503(a) of this Act to the activities of other Federal, State, local, and sub-State (including economic development districts) planning agencies in the region." SEC. 10. Section 2 of the Act entitled "An Act to amend the Public Works and Economic Development Act of 1965 to extend the authorizations for titles I through IV through fiscal year 1971", approved July 6, 1970 (Public Law 91-304), is amended by striking out "1974" and inserting in lieu thereof "1976". SEC. 11. Title V of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3181 et seq.) is amended by adding at the end thereof the following new section: a REGIONAL EXCESS PROPERTY PROGRAM

and'^cu^i^osaT 42 USC 3193. 42 USC 3182.

"SEC. 514. (a) Notwlthstauding any other provision of law, and subject to subsection (b), the Federal cochairman of each regional commission established under section 502 of this Act may acquire excess property, without reimbursement, through the Administrator of General Services and shall dispose of such property, without reim-

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1163

bursement and for the purpose of economic development, by loaning to, or by vesting title in, any of the following recipients located wholly ^°^'^ recipieats. or partially within the economic development region of such Federal cochairman: " (1) any State or political subdivision thereof; " (2) any tax-supported organization; "(3) any Indian tribe, band, group, pueblo, or Alaskan village or Regional Corporation (as defined by the Alaska Native Land Claims Settlement Act of 1971) recognized by the Federal Gov- 43 USC leoi ernment or any State, and any business owned by any tribe, band, group, pueblo, village, or Regional Corporation; " (4) any tax-supported or nonprofit private hospital; and "(5) any tax-supported or nonprofit private institution of higher education requiring a high school diploma, or equivalent, as a basis for admission. Such recipient may have, but need not have, received any other aid under this Act. For the purposes of this section, until a regional commission is established for the State of Alaska under section 502 of this Act, in the case of the State of Alaska the Secretary of Commerce shall 42 USC 3182 exercise the authority granted to a Federal cochairman under this section. "(1) each Federal cochairman, in the acquiring of excess property, shall have the same priority as other Federal agencies; and "(2) the Secretary shall prescribe rules, regulations, and pro- ^j^^^^'^g ""'^ '^^'' cedures for administering subsection (a) which may be different for each economic development region, except that the Secretary shall consult with the Federal cochairman of a region before prescribing such rules, regulations, and procedures for such region. •'(c)(1) The recipient of any property disposed of by any Federal Handling costs. cochairman under subsection (a) shall pay, to the Federal agency having custody of the property, all costs of care and handling incurred in the acquiring and disposing of such property; and such recipient shall pay all costs which may be incurred regarding such property after such Federal cochairman disposes of it, except that such recipient shall not pay any costs incurred after such property is returned under subsection (e). "(2) No Federal cochairman may be involved at any time in the receiving or processing of any costs paid by the recipient under paragraph (1). " (d) Each Federal cochairman. not later than six calendar months inventory. after the close of each fiscal year, shall account to the Secretary, as the Secretary shall prescribe, for all property acquired and disposed of, including any property acquired but not disposed of, under subsection (a) during such fiscal year. The Secretary shall have access to all information and related material in the possession of such Federal cochairman regarding such property. "(e) Any property determined by the Federal cochairman to be no Report to GSA. longer needed for the purpose of economic development shall be reported by the recipient to the Administrator of General Services for disposition under the Federal Property and Administrative Services Act of 1949. 40 USC 471 "(f) The value of any property acquired and disposed of, including note. any property acquired but not disposed of, under subsection (a) shall not be taken into account in the computation of any appropriation, or
 * '(b) For purposes of subsection (a) —

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 1164 42 USC 3182.

H^r^'^"'^

handling."

" E x c e s s prop erty.''

PUBLIC LAW 93-423-SEPT. 27, 1974

[88 STAT.

any authorization for appropriation, regarding any regional commission establislied under section 502 or any office of the Federal cochairman of such commission. " (g) For purposes of this section— " (1) the term 'care and handling' has the meaning given it by section 3(h) of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 472 (h)); and "(2) the term 'excess property' has the meaning given it by section 3(e) of such Act (40 U.S.C. 472(e)), except that such term does not include real property.". SEC. 12. The Public Works and Economic Development Act of 1965, as amended, is amended by adding the following new title at the end of the Act: " TITLE IX — S P E C I A L ECONOMIC DEVELOPMENT AND ADJUSTMENT ASSISTANCE a PURPOSE

42 USC 3241.

"SEC. 901. I t is the purpose of this title to provide special economic development and adjustment assistance programs to help State and local areas meet special needs arising from actual or threatened severe unemployment arising from economic dislocation, including miemployment arising from actions of the Federal Government and from compliance with environmental requirements which remove economic activities from a locality, and economic adjustment problems resulting from severe changes in economic conditions, and to encourage cooperative intergovernmental action to prevent or solve economic adjustment problems. Nothing in this title is intended to replace the efforts of the economic adjustment program of the Department of Defense. u.DEFINITION

42 USC 3242.

42 USC 3161.

"SEC. 902. As used in this title, the term 'eligible recipient' means a redevelopment area or economic development district established under title IV of this Act, an Indian tribe, a State, a city or other political subdivision of a State, or a consortium of such political sul^divisions. "GRANTS BY SECRETARY

42 USC 3243.

Restriction.

"SEC. 903. (a)(1) The Secretary is authorized to make grants directly to any eligible recipient in an area which the Secretary has determined has experienced, or may reasonably be foreseen to be about to experience, a special need to meet an expected rise in unemployment, or other economic adjustment problems (including those caused by any action or decision of the Federal Government) to carry out or develop a plan which meets the requirements of subsection (b) of this section and which is approved by the Secretary, to use such grants for any of the following: public facilities, public services, business development, planning, unemployment compensation (in accordance with subsection (d) of this section), rent supplements, mortgage payment assistance, research, technical assistance, training, relocation of individuals, and other appropriate assistance. "(2)(A) Such grants may be used in direct expenditures by the eligible recipient or through redistribution by it to public and private entities in grants, loans, loan guarantees, or other appropriate assistance, but no grant shall be made by an eligible recipient to a private profitmaking entity.

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" (B) Grants for imemployment compensation shall be made to the / - . ^ ^

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State. Grants for any other purpose shall be made to any appr-opriate grants. eligible recipient capable of carrying out such purpose. "(b) No plan shall be approved by the Secretary undei- this section Plans, approval. unless such plan shall— "(1) identify each economic development and adjustment need of the area for which assistance is sought under this title; "(2) describe each activity planned to meet each such need; "(8) explain the details of the method of carrying out each such planned activity; "(4) contain assurances satisfactory to the Secretary that the proceeds from the repayment of loans made by the eligible recipient with funds granted under this title will be used for economic adjustment; and "(o) be in such form and contain such additional information as the Secretary shall prescribe. "(c) The Secj-etary to the extent practicable shall coordinate his wh°e'^'iina\°" activities in requiring plans and making grants and loans under this organLttions. title with regional commissions, States, economic development districts Transfer of and other appropriate planning and develoj^ment orgajiizations. funds. " (d) In each case in which the Secretary determines a need for assistance under subsection (a) of this section due to an increase in unemployment and makes a grant under this section, the Secretary may transfer funds available for such grant to the Secretary of Labor and the Secretary of Labor is authorized to provide to any individual unemployed as a result of the dislocation for which such grant is made, such assistance as he deems appropriate M'hile the individual is unemployed. Such assistance as the Secretary of Labor may provide shall be available to an individual not otherwise disqualified under State law for unemployment compensation benefits, as long as the individual's unemployment caused by the dislocation continues or until the individual is reemployed in a suitable position, but no longer than one year after the unemployment commences. Such assistance for a week of unemployment shall not exceed the maximum weekly amount authorized under the unemployment compensation law of the State in wdiich the dislocation occuri'ed, and the amount of assistance under this subsection shall be reduced by any amount of unemployment compensation or of private income protection insurance compensation available to such individual foi- such week of unemployment. The Secretary of Labor is directed to provide such assistance through agreements with States which, in his judgment, have an adequate system for administering such assistance through existing State agencies. "REPORTS AND EVALUATION

"SEC. 904. (a) Each eligible recipient which receives assistance under ^^^ '^rt^to^se^'^cJthis title shall annually during the period such assistance continues retary. make a full and complete report to the Secretary, in such manner as the Secretary shall prescribe, and such report shall contain an evaluation of the effectiveness of the economic assistance provided under this title in meeting the need it was designed to alleviate and the purposes of this title. "(b) The Secretary shall provide an annual consolidated report to rfsT""^' '° '^°"' the Congress, with his recommendations, if any, on the assistance authorized under this title, in a form which he deems appropriate. The first such report to Congress under this subsection shall be made not later than January 30, 1976.

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[88

STAT.

AUTHORIZATION OF APPROPRIATIONS 42 USC 3245.

"SEC. 905. There is authorized to be appropriated to carry out this title not to exceed $75,000,000 for the fiscal year ending June 30, 1975, and $100,000,000 for the fiscal year ending June 30, 1976." Approved September 27, 1974. Public Law 93-424

September 27, 1974 [H. J. R e s. 910]

National Hunting and Fishing Day. Designation authorization.

JOINT RESOLUTION Asking the President of the United States to declare the fourth Saturday of September, 1974, "National Hunting and Fishing Day". Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the President of the United States declare the fourth Saturday of September, 1974, as "National Hunting and Fishing Day" to provide that deserved national recognition, to recognize the esthetic, health, and recreational virtues of hunting and fishing, to dramatize the continued need for gun and boat safety, and to rededicate ourselves to the conservation and respectful use of our wildlife and natural resources. Approved September 27, 1974. Public Law 93-425

September 30, 1974 [S. J. R e s. 244]

Ante,

p. 445.

JOINT RESOLUTION To extend termination date of Bxport-Import Bank. Resolved by the SenMe and House of Representatives of the United States of America in Congress assembled, That section 8 of the ExportImport Bank Act of 1945 (12 U.S.C. 635f) is amended by striking "September 30, 1974" and inserting in lieu thereof "October 15, 1974". Approved September 30, 1974. Public Law 93-426

September 30, 1974 [S. 3270]

Defense Production Act Amendments of 1974. 50 USC app. 2094 note. Repeal.

AN ACT To amend the Defense Production Act of 1950 and to establish a National Commission on Supplies and Shortages Act of 1974. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Defense Production Act Amendments of 1974". SEC. 2. (a) Subsection (b) of section 304 of the Defense Production Act of 1950, as amended (50 U.S.C. App. 2094), is repealed. (b) Such section 304 is amended by adding at the end thereof the following new subsections:

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PUBLIC LAW 93-426-SEPT. 30, 1974

"(b) The Secretary of the Treasury is authorized and directed to cancel the outstanding balance of all unpaid notes issued to the Secretary of the Treasury pursuant to this section, together with interest accrued and unpaid on such notes. "(c) Any cash balance remaining on June 30, 1974, in the borrowing authority previously authorized by this section, and any funds thereafter received on transactions heretofore or hereafter entered into pursuant to sections 302 and 303 shall be covered into the Treasury ^

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^o use app. 2092, 2093.

as miscellaneous receipts. SEC. 3. Section 711 of the Defense Production Act of 1950 (50 U.S.C. App. 2161) is amended— (1) by inserting " (a) " after "SEC. 711."; (2) by inserting "(including sections 302 and 303 and for payment of interest under subsection (b) of this section)" after "Act" the first place the term appears; and (3) by adding at the end thereof the following new subsection: "(b) Interest shall accrue on (1) the cumulative amount of disbursements to carry out the purposes of sections 302 and 303 (except for storage, maintenance, and other operating and administrative expenses), plus any unpaid accrued interest, less the cumulative amount of any funds received on transactions entered into pursuant to sections 302 and 303 and any net losses incurred by an agency in carrying out its functions under sections 302 and 303 when the head of the agency determines that such net losses have occurred; and (2) the current market value of the inventory of materials procured under section 303 as of the first day of each fiscal year commencing with the fiscal year beginning July 1, 1975. At the close of each fiscal year there shall be deposited into the Treasury as miscellaneous receipts, from any amounts appropriated under this section, an amount which the Secretary of the Treasury determines necessary to provide for the Interest payment of any interest accrued and unpaid under this subsection. The rate of such interest shall be determined by the Secretary of the Treasury, taking into consideration the average market yield during the month preceding each fiscal year on outstanding marketable obligations of the United States with one year remaining to maturity.". SEC. 4. The first sentence of section 717(a) of the Defense Production Act of 1950 (50 U.S.C. App. 2166(a)) is amended by striking out "June 30, 1974" and inserting in lieu thereof "June 30, 1975". 50 USC SEC. 5. The Defense Production Act of 1950 is amended by adding 2061. at the end thereof the following new section:

rate,.

app.

"NATIONAL COMMISSION ON SUPPLIES AND SHORTAGES "SEC.

720. (a) SHORT TITLE.—This section may be cited as the

'National Commission on Supplies and Shortages Act of 1974'. "(b) FINDINGS.— (1) The United States is increasingly dependent on the importation from foreign nations of certain natural I'esources vital to commerce and the national defense. "(2) Nations that export such resources can alone or in association with other nations arbitrarily raise the prices of such resources to

Nations 1 Commission on Supplies and Shortages Act of 1974 SO u s e app. 2169.

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National Commission on Supplies and Shortages. Establishment; membership.

Appointments.

83 Stat. 8 6 3. E x p e n s e s, reimbursement.

PUBLIC LAW 93-426-SEPT. 30, 1974

[88

STAT.

levels which are unreasonable and disiuptiv^e of domestic and foreign economies. "(3) Shortages of resources and commodities are becojning increasingly fi-equent in the United States, and such shortages cause undue inconvenience and expense to consumers and a burden on interstate commerce and the Nation's economy. "(4) Existing institutions do not adequately identify and anticipate such shortages and do not adequately monitor, study, and analyze other market adversities involving specific industries and specific sectors of the economy. "(5) Data with respect to such shortages and adversities is collected in various agencies of the Government for various purposes, but is not systematically coordinated and disseminated to the appropriate agencies and to the Congi'ess. " (c) PURPOSES.—It is the purpose of this Act to establish a national commission to facilitate more effective and informed responses to resource and commodity shortages and to report to the President and the Congress on needed institutional adjustments for examining and predicting shortages and on the existence or possibility of shortages with respect to essential resources and connnodities. ''(d) ESTABLISHMENT OF COMMISSION.—There is established as an independent instr-umentality of the Federal Government a National Commission on Supplies and Shortages (hereinafter referred to as the 'Commission'). The Commission shall be comprised of thirteen members selected for such period of time as such Commission shall continue in existence (except that any individual appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed for the remainder of such term) as follows: "(1) The President, in consultation with the majority and minority leaders of the Senate and the majority and minority leaders of the House of Representatives, shall appoint five members of the Commission from among persons in private life; ''(2) The President shall designate four senior officials of the executive branch to serve without additional compensation; "(3) The President of the Senate, after consultation with the majority and minority leaders of the Senate, shall appoint two Senator's to be members of the Commission and the Speaker of the House of Representatives, after consultation with the majority and minority leaders of the House of Representatives, shall appoint two Representatives to be members of the Commission to serve without additional compensation. "(e) CHAIRMAN AND VICE CHAIRMAN.—The Pi-esident, in consultation with the majority and minority leaders of the Senate and the House of Representatives shall designate a Chairman and Vice Chairman of the Commission. "'(f) COMPENSATION.—Each member of the Commission appointed pursuant to subsection (d)(1) of this section shall be entitled to be compensated at a rate equal to the per diem equivalent of the rate for an individual occupying a position under level III of the Executive Schedule under section 5314 of title 5, United States Code, when engaged in the actual performance of duties as such a member, and all members of the Commission shall be entitled to reimbursement for

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PUBLIC LAW 93-426-SEPT. 30, 1974

1169

travel, subsistence, and other necessary expenses incurred in the performance of their duties, "(sr) FUNCTIONS or THE COMMISSION.—It shall be the function of, H ^ T ° ' V? - J ' ' ' ^ " •

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i j _ j - i / ^

luent and Con-

the Commission to make reports to the President and to the Congress gress. with respect to— "(1) the existence or possibility of any long- or short-term contents. shortages; employment, price or business practices; or market adversities affecting the supply of any natural resources, raw agriculture commodities, materials, manufactured products (including any possible impairment of productive capacity which may result from shortages in materials, resources, commodities, manufactured products, plant or equipment, or capital investment, and the causes of such shortages, practices, or adversities); "(2) the adverse impact or possible adverse impact of such shortages, practices, or adversities upon consumers, in terms of price and lack of availability of desired goods; "(3) the need for, and the assessment of, alternative actions necessary to increase the availability of the items referred to in paragraph (1) of this subsection, to correct the adversity or practice affecting the availability of any such items, or otherwise to mitigate the adverse impact or possible adverse impact of shortages, practices, or adversities upon consumers referred to in paragraph (2) of this subsection; "(4) existing policies and practices of Government which may tend to affect the supply of natural resources and other commodities; "(5) necessary legislative and administrative actions to develop a comprehensive strategic and economic stockpiling and inventories policies which facilitates the availability of essential resources; "(6) the means by which information with respect to paragraphs (1), (2), (3), (4) of this subsection can be most effectively and economically gathered and coordinated. " (h) REPORTS OF THE COMMISSION.—The Commission shall report not later than March 1, 1975, to the President and the Congress on specific recommendations with respect to institutional adjustments, including the advisability of establishing an independent agency to provide for a comprehensive data collection and storage system, to aid in examination and analysis of the supplies and shortages in the economy of the United States and in relation to the rest of the world. The Commission may, until June 30, 1975, prepare, publish and transmit to the President and the Congress such other reports and recommendations as it deems appropriate. " (i) ADVISORY COMMITTP:E.— (1) The Commission is authorized to Establishment. establish such advisory committees as may be necessary or appropriate to carry out any specific analytical or investigative undertakings on behalf of the Commission. Any such committee shall be subject to the relevant provisions of the Federal Advisory Committee Act. s use app. i. "(2) The Commission shall establish an advisory committee to develop recommendations as to the establishment of a policy making process and structure within the executive and legislative branches of the Federal Government as a means to integrate the study of supplies and shortages of resources and commodities into the total problem of balanced national growth and development, and a system for coordinating these efforts with appropriate multi-State, regional and State governmental jurisdictions. For the purpose of carrying out the pro- Appropriation. vision of this paragraph there is authorized to be appropriated not to exceed $75,000 for the fiscal year ending June 30, 1975.

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text:
Page:United States Statutes at Large Volume 88 Part 1.djvu/1214

 1170

83 Stat. 8 6 3. 5 USC 101 e( seq. 5 USC 5101, 5331. 5 USC 5332 note.

Hearings.

Data, reports, and other information, availability. u s e prec. title 1.

PUBLIC LAI 93-427-OCT. 1, 1974

[88 STAT.

" (i) STAFF AND POWERS OF THE COMMISSION.— (1) Subject to such rules and regulations as it may adopt, the Commission, through its Chairman, shall— " (A) appoint and fix the compensation of an Executive Director at the rate provided for level III of the Executive Schedule under section 5314 of title 5, United States Code, and such additional staff personnel as is deemed necessary, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and without regard to chapter 51, and subchapter III of chapter 53 of such title relating to classification and the General Schedule under section 5332 of such title; and " (B) be authorized to procure temporary and intermittent services to the same extent as is authorized by section 3109 of title 5, United States Code. "(2) The Commission or any subcommittee thereof is authorized to hold hearings and to sit and act at such times and places, as it may deem advisable. " (k) ASSISTANCE OF GOVERNMENT AGENCIES.—Each department,

agency, and instrumentality of the Federal Government, including the Congress, consistent with the Constitution of the United States, and independent agencies, is authorized and directed to furnish to the Commission, upon request made by the Chairman, such data, reports, and other information as the Commission deems necessary to carry out its functions under this Act. "(1) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to the Commission not to exceed $500,000 for the fiscal Year ending June 30, 1975, to carry out the provisions of this Act." ^ Approved September 30, 1974. Public Law 93-427

October 1, 1974 [S.3301]

Pennsylvania Avenue Development eorporation Act of 1972, amendment. 40 USC 871 note. 40 USC 873.

5 USC 5332 note. 40 USC 876.

40 USC 885.

AN ACT To amend the Act of October 27, 1972 (Public Law 92-578).

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Act of October 27, 1972 (86 Stat. 1266), is hereby amended as follows: 1. By designating subsection 4(b) to be subsection 4:(c), and by adding a new subsection 4(b) to read as follows: " (b) The Board of Directors is authorized to procure the temporary (not in excess of one year) or intermittent services of city planners, architects, engineers, appraisers, and other experts or consultants or organizations thereof in accordance with section 3109 of title 5, United States Code, but at rates for individuals not in excess of the rate in effect for grade GS-18 of the General Schedule.". 2. I n subsection 7(b), (i) delete "this Act," and insert "the Act to amend the Act of October 27, 1972 (86 Stat. 1266),"; (ii) delete "within twelve months of the date of enactment of this Act," and insert "by June 30, 1975,". 3. I n section 17, delete "$1,000,000" and insert "$1,750,000 for the operating and administrative expenses of the Corporation and". Approved October 1, 1974.

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Page:United States Statutes at Large Volume 88 Part 1.djvu/1215

 88 STAT. ]

PUBLIC LAW 93-428-OCT. 1, 1974

1171

Public Law 93-428 AN ACT

October 1, 1974

To enable egg producers to establish, finance, and carry out a coordinated program of research, producer and consumer education, and promotion to improve, maintain, and develop m a r k e t s for eggs, egg products, spent fowl, and products of spent fowl.

'

'.

Be it enacted by the Senate and House of Representathes of the Egg R e s e a r c h United States of Amej'ica in Congress assembled, and Consumer InSECTION 1. That this Act shall be known as the " E g ^ Research and formatTonTct Consumer Information Act." 7 USC 2701 note. LEGISLATIVE F I N D I N G S AND DECLARATION OF POLICY

SEC. 2. Eggs constitute one of the basic, natural foods in the diet. ^ use 2701. They are produced by many individual (^g^ producers throughout the United States. Egg products, spent fowl, and products of spent fowl are derivatives of egg production. These products move in interstate and foreign commerce and those which 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 egg producers and those concerned with marketing, using, and processing eggs as well as the general economy of the Nation. The production and marketing of these products by numerous individual egg producers have prevented the development and carrying out of adequate and coordinated programs of research and promotion necessary for the maintenance of markets and the development of new products of, and markets for, eggs, ^gg products, spent fowl, and products of spent fowl. Without an effective and coordinated method for assuring cooperative and collective action in providing for and financing such programs, individual egg producers are unable to provide, obtain, or carry out the research, consumer and producer information, and promotion necessary to maintain and improve markets for any or all ofthese products. I t has long been recognized that it is in the public interest to provide an adequate, steady supply of fresh eggs readily available to the consumers of the Nation. Maintenance of markets and the development of new markets, both domestic and foreign, are essential to the ^gg industry if the consumers of eggs, ^gg products, spent fowl, or products of spent fowl are to be assured of an adequate, steady supply of such products. It is therefore declared to be the policy of the Congress and the purpose of this Act that it is essential and in the public interest, through the exercise of the powers provided herein, to authorize and enable the establishment of an orderly procedure for the development and the financing through an adequate assessment, an effective and continuous coordinated program of research, consumer and producer education, and promotion designed to strengthen the ^gg industry's position in the marketplace, and maintain and expand domestic and foreign markets and uses for eggs, egg products, spent fowl, and products of spent fowl of the United States. Nothing in this Act shall be construed to mean, or provide for, control of production or otherwise limit the right of individual ^gg producers to produce commercial eggs.

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Page:Boys of Columbia High on the River.djvu/146

134 They seemed to recognize authority in that voice, and hastened to obey. It was well that some one had taken the matter in hand in time; for a possible chance for friction that would have caused ill feelings if nothing more, was avoided.

Frank's wisdom in going over the course so frequently in a small boat, so as to note each eddy or each snag that might bring ruin to the hopes of the contestants, was justified.

But the other coxswain'scoxswains [sic] had done the same. During the week past each of them had paid quiet visits to the island, and rowed down to Columbia, with the same object in view. As a result here were no serious accidents, such as getting aground, or striking half-concealed rocks.

The committee had marked a number of bad places, and it was the business of the keen-eyed steersman to avoid these obstructions.

Rounding the island, Columbia High was still in the lead. Indeed, Frank had managed to increase the pace to such an extent that the prow of Clifford's shell just balanced the stern of Columbia's; while Bellport hung on to the immediate rear, very much after the manner of a bulldog, awaiting its opportunity. At a sign of weakness on the part of either of the others, Bellport had planned to shoot up and dislodge that participant.

The waiting game has won many a race. At the


text:
Page:United States Statutes at Large Volume 88 Part 1.djvu/1216

 1172

PUBLIC LAW 93-428-OCT. 1, 1974 DEFINITIONS

7 USC 2702-

[88 STAT. ..

,

SEC. 3. As used in this Act— (a) The term "Secretary" means the Secretary of Agriculture or any other officer or employee of the Department of Agriculture to whom there has heretofore been delegated, or to whom there may hereafter be delegated, the authority to act in his stead. (b) The term "person" means any individual, group of individuals, partnership, corporation, association, cooperative, or any other entity. (c) The term "commercial eggs" "or eggs" means eggs from domesticated chickens which are sold for human consumption either in shell egg form or for further processing into egg products. (d) The term "hen" or "laying hen" means a domesticated-female chicken twenty weeks of age or over, raised primarily for the production of commercial eggs. (e) The term "egg producer"" means the person owning laying hens engaged in the production of commercial eggs. (f) The term "case" means a standard shipping package containing thirty dozen eggs. (g) The term "hatching eggs'" means eggs intended for use by hatcheries for the production of baby chicks. (h) The term "United States" means the forty-eight contiguous States of the United States of America and the District of Columbia. (i) The term "promotion" means any action, including paid advertising, to advance the image or desirability of eggs, egg products, spent fowl, or products of spent fowd. (j) The term "research" means any type of research to advance the image, desirability, marketability, production, or quality of eggs, egg products, spent fowl, or products of spent fowl. (k) The term "consumer education" means any action to advance the image or desirability of eggs, egg products, spent fowl, or products of spent fowl. (1) The term "marketing"" means the sale or other disposition of commercial eggs, egg products, spent fowl, or products of spent fowl, in any channel of commerce. (m) The term "commerce" means interstate, foreign, or intrastate commerce. (n) The term "egg products" means products produced, in whole or in part, from eggs. (o) The term " s p e n t fowl" means hens which have been in production of commercial eggs and have been removed from such production for slaughter. (p) The term "products of spent fowl" means commercial products produced from spent fowl. (q) The term "hatchery operator" means any person engaged in the production of egg-type baby chicks. (r) The term "started pullet" means a hen less than twenty weeks of age. (s) The term "started pullet dealer" means any person engaged in the sale of started pullets. (t) The term "handler" means any person, specified in the order or the rules and regulations issued thereunder, who receives or otherwise acquires eggs from an egg producer, and processes, prepares for marketing, or markets, such eggs, including eggs of his own production. EGG RESEARCH AND PROMOTION ORDERS

7 USC 2703.

SEC. 4. To effectuate the declared policy of this Act, the Secretary shall, subject to the provisions of this Act, issue and from time to time amend, orders applicable to persons enaged in the hatching and/or

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Page:United States Statutes at Large Volume 88 Part 1.djvu/1217

 88 STAT. ]

PUBLIC LAW 93-428-OCT. 1, 1974

1173

sale of egg-type baby chicks and started pullets, persons engaged in the production of commercial eggs and persons who receive or otherwise acquire eggs from such persons and who process, prepare for market, or market such eggs, including eggs of their own production, and persons engaged in the purchase, sale or processing of spent fowl. Such orders shall be applicable to all production or marketing areas, or both, in the United States. ^

NOTICE A N D H E A R I N G

SEC. 5. Whenever the Secretary has reason to believe that the issuance of an order will tend to effectuate the declared policy of this Act, he shall give due notice and opportunity for hearing upon a proposed order. Such hearing may be requested and proposal for an order submitted by an organization certified pursuant to section 16 of this Act, or by any interested person affected by the provisions of this Act, including the Secretary.

^ ^^'^ ^^O"*'

F I N D I N G AND I S S U A N C E OF A N ORDER

SEC. 6. After notice and opportunity for hearing as provided in section 5, the Secretary shall issue an order if he 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 Act. PERMISSIVE

TERMS

IN

ORDERS

SEC. 7. Orders issued pursuant to this Act shall contain one or more of the following terms and conditions, and except as provided in section 8, no others. (a) Providing for the establishment, issuance, effectuation, and administration of appropriate plans or projects for advertising, sales promotion, and consumer education with respect to the use of eggs, egg products, spent fowl, and products of spent fowl, and for the disbursement of necessary funds for such purposes: Provided, however, That any such plan or project shall be directed toward increasing the general demand for eggs, egg products, spent fowl, or products of spent fowl. No reference to a private brand or trade name shall be made if the Secretary determines that such reference will result in undue discrimination against eggs, egg products, spent fowl, or products of spent fowl of other persons: And provided further. That -I

-i

.• •

T

J"

^ use 2705.

1

I•

^ use 2706. gaf'^^^'^'j^'"^' and consumer ed-"nation, plans.

or^rlde'na^me"'^ prohibition of'use. unfair or deceptive

acts,

no such advertising, consumer education, or sales promotion programs shall make use of unfair or deceptive acts or practices in behalf of eggs, egg products, spent fowl, or products of spent fowl or unfair or deceptive acts or practices with respect to quality, value, or use of any competing product. (b) Providing for, establishing,, and carrying on research, market- Research, maring, and development projects, and studies with respect to sale, veiopmen" pro7ec:s. distribution, marketing, utilization, or production of eggs, egg products, spent fowl, and products of spent fowl, and the creation of new products thereof, to the end that the marketing and utilization of eggs, egg products, spent fowl, and products of spent fowl may be encouraged, expanded, improved or made more acceptable, and the data collected by such activities may be disseminated and for the disbursement of necessary funds for such purposes. (c) Providing that hatchery operators, persons engaged in the sale a^afiabn^^'^of"^' of egg-type baby chicks and started pullet dealers, persons engaged data. in the production of commercial eggs and persons who receive or otherwise acquire eggs from such persons and who process, prepare

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text:
Page:The Eurypterida of New York Volume 1.pdf/443

 {| width="100%"
 * - valign="top"
 * 1882 || Walcott, C. D. Description of a New Genus of the Order Eurypterida from the Utica Slate. American Jour. Sci. 23:213
 * - valign="top"
 * 1883 || Hall, James. Description of a New Species of Stylonurus from the Catskill Group. N. Y. State Mus. Rep't, 36:76
 * - valign="top"
 * 1883 || Schmidt, F. Miscellanea Silurica III. Mém. Acad. Imp. Sci. St Pétersb., ser. 7, 31:46
 * - valign="top"
 * 1883 || Claypole, E. W. Note on a Large Crustacean from the Catskill Group of Pennsylvania. American Philosophical Soc. Proc. 21:236
 * - valign="top"
 * 1884 || Hall, James. Note on Eurypteridae of the Devonian and Carboniferous Formations of Pennsylvania, with a Supplementary Note on the Stylonurus excelsior. American Ass'n Adv. Sci. Proc. 33:421
 * - valign="top"
 * 1884 || —————— Eurypteridae from the Lower Productive Coal Measures in Beaver County, etc. 2d Geol. Sur. Penn. Rep't of Progress PPP, p. 23
 * - valign="top"
 * 1884 || Whiteaves, J. F. Palaeozoic Fossils of Canada, v. 3, pt 1, p. 42
 * - valign="top"
 * 1885 || Packard, A. S., jr. On the Carboniferous Xiphosurous Fauna of North America. National Acad. Sci. Mem. 3:153
 * - valign="top"
 * 1885 || Thorell, T., & Lindström, G. On a Silurian Scorpion from Gotland. Kongl. Svenska Vetensk. Akad. Handlingar, Bd. 21, no. 9
 * - valign="top"
 * 1885 || Williams, H. S. Notice of a New Limuloid Crustacean from the Devonian. American Jour. Sci. 30:45
 * - valign="top"
 * 1885 || Whitfield, R. P. An American Silurian Scorpion. Science, 6:87
 * - valign="top"
 * 1885 || —————— On a Fossil Scorpion from the Silurian Rocks of America. American Mus. Nat. Hist. Bul. v. 1, art. 9
 * - valign="top"
 * 1885 || Scudder, S. H. Arachnoidea, in Zittel's Handbuch der Palaeontologie, 1 Abth., Bd. 2
 * - valign="top"
 * 1886 || Packard, A. S., jr. On the Class of Podostomata, a Group embracing the Merostomata and Trilobites. American Naturalist, 20:1060
 * - valign="top"
 * 1886 || Pohlman, Julius. Fossils from the Waterlime Group near Buffalo, N. Y. Buffalo Soc. Nat. Sci. Bul. 5:23
 * - valign="top"
 * 1886 || Thorell, T. On Proscorpius osborni Whitfield. American Naturalist, 20:269
 * - valign="top"
 * 1886 || Whitfield, R. P. Professor Thorell and the American Silurian Scorpion. Science, 7:216
 * - valign="top"
 * 1887 || Woodward, H. On a New Species of Eurypterus from the Lower Carboniferous shales of Glencartholm, Eskdale, Scotland. Geol. Mag. n. s. 4:481
 * - valign="top"
 * 1888 || Hall, J., & Clarke, J. M. Palaeontology of New York, 7:153
 * }


text:
Page:United States Statutes at Large Volume 88 Part 1.djvu/1218

 1174

Confidential information.

Violation, penalty.

Terms and conditions.

PUBLIC LAW 93-428-OCT. 1, 1974

[88

STAT.

for market, or market such eggs, including eggs of their own production, and persons engaged in the purchase, sale, or processing of spent fowl, maintain and make available for the inspection such books and records as may be required by any order issued pursuant to this Act and for the filing of reports by such persons at the time, in the manner, and having content prescribed by the order, to the end that information and data shall be made available to the Egg Board and to the Secretary which is appropriate or necessary to the effectuation, administration or enforcement of the Act, or of any order or regulation issued pursuant to this Act: Provided, howe.ver^ That all information so obtained shall be kept confidential by all officers and employees of the Department of Agriculture, the Egg Board, and by all officer's and employees of contracting agencies having access to such information, and only such information so furnished or acquired 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 to which he or any officer of the Ignited States is a party, and involving the order with reference to which the information so to be disclosed was furnished or acquired. Nothing in this section shall be deemed to prohibit (1) 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, (2) the publication, by direction of the Secretary, of general statements relating to refunds made by the Egg Board during any specific period, or (8) 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 person. Any such officer or employee violating the provision of this subsection shall, upon conviction, be subjected 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 Egg Board or Department of Agriculture shall be removed from office. (d) Terms and conditions incidental to and not inconsistent with the terms and conditions specified in this Act and necessary to effectuate the other provisions of such order. REQUIRED TERMS I N ORDERS

7 USC 2707. Egg Board. Establishment, membership.

Terms.

SEC. 8. Orders issued pursuant to this Act shall contain the followdng conditions: (a) Providing for the establishment and appointment, by the Secretary, of an Egg Board which shall consist of not more than eighteen members, and alternates therefor, and defining its powders and duties which shall include only the powers (1) to administer such order in accordance with its terms and provisions, (2) to make rules and regulations to effectuate the terms and provisions of such order, (3) to receive, investigate and report to the Secretary complaints of violations of such order, and (4) to recommend to the Secretary amendments to such order. The term of an appointment to the E g g Board shall be for two years with no member serving more than three consecutive terms, except that initial appointment shall be proportionately for two-year and three-year terms. (b) Providing that the Egg Board, and alternates therefor, shall be composed of egg producers or representatives of o,^^ producers appointed by the Secretary from nominations submitted by eligible organizations, associations, or cooperatives, and certified pursuant to section 16, or, if the Secretary determines that a substantial number of Q,g^ producers are not members of or their interests are not represented by any such eligible organizations, associations or cooperatives, then from nominations made by such egg producers in the manner

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Page:United States Statutes at Large Volume 88 Part 1.djvu/1219

 88 STAT. ]

PUBLIC LAW 93-428-OCT. 1, 1974

1175

authorized by the Secretary, so that the representation of egg producers on the Board shall reflect, to the extent practicable, the pi"oportion of eggs produced in each geographic area of the United States as defined by the Secretary: Provided, however, That each such egg producing geographic area shall be entitled to at least one representative on the Egg Board. (c) Providing that the Egg Board shall, subject to the provisions ^^''"^bmi^tai of subsection (g) of this section, develop and submit to the Secretary ^o'^s^ecretary. for his approval any advertising, sales promotion, consumer education, research, and development plans or projects, and that any such plan or project must be approved by the Secretary before becoming p ft GCtl V6

(d) Providing that the E g g Board shall, subject to the provisions of subsection (g) of this section, submit to the Secretary for his approval budgets on a fiscal period basis of its anticipated expenses and disbursements in the admniistration of the order, including probable costs of advertising, promotion, consumer education, research, and development projects. (e) Providing that each egg producer shall pay to the handler of eggs designated by the order of the Egg Board pursuant to regulations issued under the order, an assessment based upon the number of cases of commercial eggs handled for the account of such producer, in the manner as prescribed by the order, for such expenses and expenditures—including provision for a reasonable reserve and those administrative costs incurred by the Department after an order has been promulgated under this Act—as the Secretary finds are reasonable and likely to be incurred by the Egg Board under the order during any period specified by him. Such handler shall collect such assessment from the producer and shall pay the same to the Egg Board in the manner as prescribed by the order. The rate of assessment prescribed by the order shall not exceed 5 cents per case of commercial eggs or the equivalent thereof. To facilitate the collection of such assessments, the order of the Egg Board may designate different handlers or classes of handlers to recognize differences in marketing practices or procedures utilized in the industry. The Secretary may maintain a suit against any person subject to the order for the collection of such assessment, and the several district courts of the United States are hereby vested with jurisdiction to entertain such suits regardless of the amount in controversy. (f) Providing that the Egg Board shall maintain such books and records and prepare and submit such reports from time to time, to the Secretary as he may prescribe, and for appropriate accounting by the p]gg Board with respect to the receipt and disbursement of ail funds entrusted to it. (g) Providing that the Egg Board, with the approval of the Secretary, may enter into contracts or agreements for development and carrying out of the activities authorized under the order pursuant to section 7(a) and (b) and for the payment of the cost thereof with funds collected pursuant to the order. Any such contract or agreement shall provide that such contractors shall develop and submit to the Egg Board a plan or project together with a budget or budgets which shall show estimated costs to be incurred for such plan or project, and that any such plan or project shall become effective upon the approval of the Secretary, and further, shall provide that the contracting party shall keep accurate records of all of its transactions and make periodic reports to the Egg Board of activities carried out and an accounting for funds received and expended, and such other reports as the Secretary may require.

„ut"a1^t^o secre^-" tary.

Assessment payments to egg

handlers

. ^^*^ nmita-

Recordke^epind

reports to Secretary.

Contracts or agreements.

Recordkeeping ^^IH^^ *° ^^^

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Page:United States Statutes at Large Volume 88 Part 1.djvu/1220

 1176

PUBLIC LAW 93-428-OCT. 1, 1974

[88 STAT.

Collected funds, (j^^ Providing that no funds collected by the Egg Board under the se restriction. oj.(igj. ghall lu SLUj manner be used for the purpose of influencing governmental policy or action, except as provided by subsection (a) (4) of this section. Expenses, re^j^ Providing the Board members, and alternates therefor, shall n ursement. gcrve wlthout compcusation, but shall be reimbursed for their reasonable expenses incurred in performing their duties as members of the Board. REQUIREMENT OF R E F E R E N D U M

7 USC 2708.

A N D EGG PRODUCER APPROVAL

gj,(-,_ c)_ 'Yi^Q Secretary shall conduct a referendum among egg producers not exempt hereunder who, during a representative period determined by the Secretary, have been engaged in the production of commercial eggs, for the purpose of ascertaining whether the issuance of an order is approved or favored by such producers. No order issued pursuant to this Act 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 voting in such referendum, or by a majority of the producers voting in such referendum if such majority produced not less than two-thirds of the commercial eggs produced during a representative period defined by the Secretary. SUSPENSION AND ITilRMINATION OP ORDERS

7 USC 2709.

issued under this Act, or any provisions thereof, obstructs or does not tend to effectuate the declared policy of this Act, terminate or suspend jj
 * ^p.(._ iQ_ (-g^) ^ h e Secretary shall, whenever he finds that any order

1178

PUBLIC LAW 93-428-OCT. 1, 1974

£

[88 STAT.

States and may be recovered in a civil suit brought by the United States: Provided, That (a) and (b) of this section shall be in addition to, and not exclusive of, the remedies provided now or hereafter existing at law or in equity. CERTIFICATION OF ORGANIZATIONS

7 USC 2715.

^^p°''^-

SEC. 16. The eligibility of any organization to represent commercial egg producers of any &gg producing area of the United States to request the issuance of an order under section 5, and to participate in the making of nominations under section 8(b) 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: (a) Geographic territory covered by the organization's active membership, (b) Nature and size of the organization's active membership, proportion of total of such active membership accounted for by producers of commercial eggs, a chart showing the egg production by State in which the organization has members, and the volume of commercial eggs produced by the organization's active membership in each such State, (c) The extent to which the commercial egg producer membership of such organization is represented in setting the organization's policies, (d) Evidence of stability and permanency of the organization, (e) Sources from which the organization's oDeratinp- funds are

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Page:United States Statutes at Large Volume 88 Part 1.djvu/1221

 88 STAT. ]

PUBLIC LAW 93-428-OCT. 1, 1974 PRODUCER

REFUND

SEC. 13. Notwithstanding any other provisions of this Act, any egg producer against whose commercial eggs any assessment is made and collected from him under authority of this Act and who is not in favor of supporting the programs as provided for herein shall have the right to demand and receive from the Egg Board a refund of such assessment: Provided, That such demand shall be made personally by such producer in accordance with regulations and on a form and within a time period prescribed by the Board and approved by the Secretary but in no event more than ninety days after the end of the month in which the assessments are due and collectable, and upon submission of proof satisfactory to the Board that the producer paid the assessment for which refund is sought, and any such refund shall be made within sixty days after demand is received therefor. PETITION

1177

AND

7 USC 2712.

REVIEW

SEC. 14. (a) Any person subject to any order may file a written 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. He shall thereupon be given an opportunity for a hearing upon such petition, in accordance with regulations made 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. (b) The district courts of the United States in any district in which such person is an inhabitant, or has his principal place of 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 liad upon the Secretary by delivering to him 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 15(a) of this Act.

7 USC 2713.

Hearing.

Jurisdiction.

ENFORCEMENT

SEC. 15. (a) The several district courts of the United States are ^ "sc 2714. ' 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 Act. Any civil action authorized to be brought '^'^^'^^ action, under this Act shall be referred to the Attorney General for appro- torne'^T General. priate action: Provided, That nothing in this Act shall be construed as requiring the Secretary to refer to the Attorney General minor violations of this Act whenever he believes that the administration and enforcement of the program would be adequately served by suitable written notice or warning to any person committing such violation. (b) Any egg producer or other person who willfully violates any violation, penalty. provision of any order issued by the Secretary under this Act, or who """" '" willfully fails or refuses to collect or remit any assessment or fee duly required of him thereunder, shall be liable to a penalty of not more than $1,000 for each such offense which shall accrue to the United

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Page:United States Statutes at Large Volume 88 Part 1.djvu/1222

 1178

PUBLIC LAW 93-428-OCT. 1, 1974

[SB STAT.

States and may be recovered in a civil suit brought by the United States: Provided, That (a) and (b) of this section shall be in addition to, and not exclusive of, the remedies provided now or hereafter existing at law or in equity. CERTIFICATION OF ORGANIZATIONS

7 USC 2715.

•'^P"'"'-

SEC. 16. The eligibility of any organization to represent commercial egg producers of any egg producing area of the United States to request the issuance of an order under section 5, and to participate in the making of nominations under section 8(b) 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: (a) Geographic territory covered by the organization's active membership, (b) Nature and size of the organization's active membership, proportion of total of such active membership accounted for by producers of commercial eggs, a chart showing the egg production by State in which the organization has members, and the volume of commercial eggs produced by the organization's active membership in each such State, (c) The extent to which the commercial ^^g producer membership of such organization is represented in setting the organization's policies, (d) Evidence of stability and permanency of the organization, (e) Sources from which the organization's operating funds are derived, (f) Functions of the organization, and (g) The organization's ability and willingness to further the aims and objectives of this Act: Provided, however, That the primary consideration in determining the eligibility of an organization shall be whether its commercial egg producer membership consists of a substantial number of ^gg producers who produce a substantial volume of commercial eggs. The Secretary shall certify any organization which he finds to be eligible under this section and his determination as to eligibility shall be final. Where more than one organization is certified in any geographic area, such organizations may caucus to determine the area's nominations under section 8(b). REGULATIONS

7 USC 2716.

SEC. 17. The Secretary is authorized to make regulations with force and effect of law, as may be necessary to carry out the provisions of this Act and the powers vested in him by this Act. INVESTIGATIONS;

P O W E R TO S U B P E N A

AFFIRMATIONS;

7 USC 2717.

A N D TAKE OATHS AND

AID O F COURTS

SEC. 18. The Secretary may make such investigations as he deems necessary for the effective carrying out of his responsibilities under this Act or to determine whether an ^gg producer, processor, or other seller of commercial eggs 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 Act, or of any order, or rule or regulation issued under this Act. For the purpose of such investigation.

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Page:Aesthetic Papers.djvu/203

Rh ," resolves all civil obligation into expediency; and he proceeds to say, "that so long as the interest of the whole society requires it, that is, so long as the established government cannot be resisted or changed without public inconveniency, it is the will of God that the established government be obeyed, and no longer."—"This principle being admitted, the justice of every particular case of resistance is reduced to a computation of the quantity of the danger and grievance on the one side, and of the probability and expense of redressing it on the other." Of this, he says, every man shall judge for himself. But Paley appears never to have contemplated those cases to which the rule of expediency does not apply, in which a people, as well as an individual, must do justice, cost what it may. If I have unjustly wrested a plank from a drowning man, I must restore it to him though I drown myself. This, according to Paley, would be inconvenient. But he that would save his life, in such a case, shall lose it. This people must cease to hold slaves, and to make war on Mexico, though it cost them their existence as a people.

In their practice, nations agree with Paley; but does any one think that Massachusetts does exactly what is right at the present crisis?

Practically speaking, the opponents to a reform in Massachusetts are not a hundred thousand politicians at the South, but a hundred thousand merchants and farmers here, who are more interested in commerce and agriculture than they are in humanity, and are not prepared to do justice to the slave and to Mexico, cost what it may. I quarrel not with far-off foes, but with those who, near at home, co-operate with, and do the bidding of those far away, and without whom the latter would be harmless. We are accustomed to say, that the mass of men are unprepared; but improvement is slow, be cause the few are not materially wiser or better than the many. It is not so important that many should be as good as you, as that there be some absolute goodness somewhere; 25

title: Page:Aesthetic Papers.djvu/203


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Page:United States Statutes at Large Volume 88 Part 1.djvu/1223

 88 STAT. ]

PUBLIC LAW 93-429-OCT. 1, 1974

1179

the Secretary is empowered to administer oaths and affirmations, subpena witnesses, compel their attendance, take evidence, and require the production of any books, papere, 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 an egg producer, the Secretary may invoke the aid of any court of the United States within the jurisdiction of which such investigation or proceeding is carried on, or where such person resides 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. All process in any such case may be served in the judicial district whereof such person is an inhabitant or wherever he may be found. SEPARABILITY

SEC. 19. If any provision of this Act or the application thereof to any person or circumstances is held invalid, the validity of the remainder of the Act and of the application of such provision to other persons and circumstances shall not be affected thereby.

7 USC 2701

AUTHORIZATION

SEC. 20. There is hereby authorized to be appropriated out of any 7 USC 27is. money in the Treasury not otherwise appropriated such funds as are necessary to carry out the provisions of this Act. The funds so appro- Expense paypriated shall not be available for payment of the expenses or expendi- Board, prowbitures of the Egg Board in administering any provisions of any order ti°"issued pursuant to the terms of this Act. EFFECTIVE DATE

SEC. 21. This Act shall take effect upon enactment. Approved October 1, 1974.

7 USC 2701

Public Law 93-429 AN ACT To designate certain lands in the Oliefenokee National Wildlife Refuge, Georgia. as wilderness.

October 1, 1974 [H. R. 6395]

Be it enacted by the Senate and House of Representatives of the Okefenokee United States of America in Congress assembled, That, in accordance Wilderness, Ga. with section 3(c) of the Wilderness Act (78 Stat. 890, 892), certain DeVignaUon lands in the Okefenokee National Wildlife Refuge, Georgia, which ^^ u^c 1132 comprise about three hundred forty-three thousand eight hundr-ed and fifty acres and which are depicted on a map entitled "Okefenokee Wilderness Proposal" dated October 1967, revised March 1971, are hereby designated as wilderness. The map shall be on file and available for public inspection in the offices of United States Fish and Wildlife Service, Department of the Interior.

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Page:United States Statutes at Large Volume 88 Part 1.djvu/1224

 1180 Watercraft, restrictions.

Fishing rights.

Map and d e scription, filing with congressional committees.

Administration.

16 USC 1131 note.

PUBLIC LAW 93-430-OCT. 1, 1974

[88

STAT.

SEC. 2. Within the wilderness designated by this Act, snbject to such restrictions as the Secretary of the Interior deems necessary for public safety and to protect flora and fauna of the wilderness, (1) the use of powered watercraft, propelled by motors of ten or less horsepower, will be permitted, (2) watercraft trails including approximately one hundred twenty miles as delineated on such map will be maintained. Access to watercraft trails in the wilderness area will be provided from the Suwannee River Sill, Steven Foster State Park, Kings Landing, and Suwannee Recreation Area (Camp Cornelia). SEC. 8. Fishing shall be permitted in the waters of the Okefenokee Wilderness, in accordance with applicable State and Federal regulations, except that the Secretary of the Interior may designate zones and establish periods when no fishing shall be permitted for reasons of public safety, administration, fish and wildlife management, or public use and enjoyment. SEC. 4. As soon as practicable after the Act takes effect, a map and a legal description of the wilderness area shall be filed with the Interior and Insular Affairs Committees of the United States Senate and the House of Representatives, and such description and map shall have the same force and effect as if included in this Act: Provided., however., That correction of clerical and typographical errors in such description and map may be made. SEC. 5. The area designated by this Act as wilderness shall be known as the Okefenokee Wilderness and shall be administered by the Secretary of the Interior in accordance with the provisions of the Wilderness Act. Approved October 1, 1974. Public Law 93-430

October 1, 1974 [H.R. 13595]

U.S. Coast Guard. Appropriation authorization; personnel strength. Fishing vess e l s, exemption from certain laws.

AN ACT To authorize appropriations for the Coast Guard for the procurement of vessels and aircraft and construction of shore and offshore establishments, to authorize appropriations for bridge alterations, to authorize for the Coast Guard an end-year strength for active duty personnel, to authorize for the Coast Guard average military student loads, and for other purposes. Be it enacted by the /Senate and House of Representatives of the United States of America in Congress assembled., That funds are hereby authorized to be appropriated for fiscal year 1975 for the use of the Coast Guard as follows: VESSELS

i -:!,.

For procurement, innovation, and increasing the capability of vessels, $22,676,000. A. Procurement: (1) One one-hundred-and-sixty-foot inland construction tender; (2) small boat replacement program; and {?)) design of vessels. I^. Renovation and increasing capability: (1) renovate and improve buoy tenders; (2) re-engine and renovate coastal buoy tenders; {?>) modernize and improve cutter, buoy tender, and icebreaker communications equipment; (4) abate pollution by oily waste from Coast Guard vessels; and (5) abate pollution by nonoily waste from Coast Guard vessels.

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Page:United States Statutes at Large Volume 88 Part 1.djvu/1225

 88 STAT. ]

PUBLIC LAW 93-430-OCT. 1, 1974 AIRCRAFT

For procurement of ^ight replacement fixed-wing medium-range search aircraft, $17,793,000. CONSTRUCTION

For the establishment or development of installations and facilities by acquisition, construction, conversion, extension, or installation of permanent or temporary public works, including the preparation of sites and furnishing of appurtenances, utilities, and equipment for the following, $74,731,000: (1) St. Petersburg, Florida: Establish a new consolidated aviation facility. (2) Areata, California: Construct air station, phase II. (3) Sitka, Alaska: Construct new air station. (4) Woods Hole, Massachusetts: Construct small boat maintenance facility at Coast Guard base. (5) New London, Connecticut: Renovate and expand cadet galley and dining facilities at Coast Guard Academy. (6) Curtis Bay, Maryland: Renew steam system at Coast Guard yard, phase II. (7) Yorktown, Virginia: Construct classroom building at Reserve training center. (8) Portsmouth, Virginia: Construct new Coast Guard base, phase III. (9) Virginia Beach, Virginia: Replace Little Creek Station waterfront facilities. (10) Rodanthe, North Carolina: Improve Oregon Inlet Station. (11) Port Canaveral, Florida: Replace Port Canaveral Station (leased property). (12) Miami, Florida: Renovate Miami Air Station. (13) Port Aransas, Texas: Rebuild Port Aransas Station. (14) Traverse City, ]Michigan: Rebuild air station. (15) Keokuk, Iowa: Construct depot building. (16) Seattle, Washington: Relocate Coast Guard units to piers 36/37, phase I (leased property). (17) Alaska, various locations: Establish V H F - F M distress communications system. (18) Kodiak, Alaska: Renovate and consolidate Coast Guard base, phase II. (19) Valdez, Alaska: Establish vessel traffic system and port safety station. (20) Various locations: Improve radio navigation system of Pacific coastal region. (21) New York, New York: Complete vessel traffic system, phase I (part II). (22) Various locations: Waterways aids to navigation projects. (23) Various locations: Lighthouse automation and modernization program ( L A M P). (24) Various locations: Mediterranean loran C equipment replacement. (25) Various locations: Public family quarters. (26) Various locations: Advance planning, survey, design, and architectural services; project administration costs; acquire sites in connection with projects not otherwise authorized by law.

1181

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Page:United States Statutes at Large Volume 88 Part 1.djvu/1226

 1182 Active duty personnel strength.

14 USC 764.

Bridge owners, payments.

Dependent children outside U.S., schooling and transportation.

V e s s e l s used in c o a s t w i s e trade, leadlines.

Internal combustion e n g i n e s, exemptions.

PUBLIC LAW 93.430-OCT. 1, 1974

[88

STAT.

SEC. 2. For fiscal year 1975, the Coast Guard is authorized an end strength for active duty personnel of thirty-seven thousand seven hundred and forty-eight; except that the ceiling shall not include members of the Ready Reserve called to active duty under the provisions of Public Law 92-479. SEC. 3. For fiscal year 1975, military training student loads for the Coast Guard are authorized as follows: (1) recruit and special training, four thousand and eighty man-years; (2) flight training, eighty-five man-years; (3) professional training in military and civilian institutions, three hundred and seventy-five man-years; and (4) officer acquisition training, one thousand one hundred and sixty man-years. SEC. 4. For use of the Coast Guard for payment to bridge owners for the cost of alterations of railroad bridges and public highway bridges to permit free navigation of navigable waters of the United States, $6,800,000 is hereby authorized. SEC. 5. Section 657 of title 14, United States Code, is amended— (a) by deleting from the catchline the semicolon and the words following "children"; (b) by designating the existing section as subsection (b); and (c) by inserting a new subsection (a) as follows: " (a) Except as otherw^ise authorized by the Act of September 30, 1950 (20 U.S.C. 236-244), the Secretary may provide, out of funds appropriated to or for the use of the Coast Guard, for the primary and secondary schooling of dependents of Coast Guard personnel stationed outside the continental United States at costs for any given area not in excess of those of the Department of Defense for the same area, when it is determined by the Secretary that the schools, if any, available in the locality are unable to provide adequately for the education of those dependents.". SEC. 6. (1) Section 1(b) of the Act of August 27, 1935 (46 U.S.C. 88), as amended, is further amended by inserting the words "and all vessels of not more than five thousand gross tons used in the processing or assembling of fishery products in the fisheries of the States of Oregon, Washington, and Alaska, except those constructed after August 15, 1974, or those converted to any of such services after July 11, 1978," after the words "from July 11, 1968," but before the words "are exempt", (2) The first proviso of section 1 of the Act of June 20, 1936 (46 U.S.C. 367), as amended, is further amended by deleting the last two sentences and inserting in lieu thereof: "As used herein, the phrase 'any vessel' engaged in fishing, oystering, clamming, crabbing, or any other branch of the fishery or kelp or sponge industries includes cannery tender or fishing tender vessels of not more than five hundred gross tons used in the salmon or crab fisheries of the States of Oregon, Washington, and Alaska which are engaged exclusively in (1) the carriage of cargo to or from vessels in the fishery or a facility used or to be used in the processing or assembling of fishery products, or (2) the transportation of cannery or fishing personnel to or from operating locations, and vessels of not more than five thousand gross tons used in the processing or assembling of fishery products in the fisheries of the States of

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Page:United States Statutes at Large Volume 88 Part 1.djvu/1227

 88 STAT. ]

PUBLIC LAW 93-430-OCT. 1, 1974

1183

Oregon, Washington, and Alaska. The exemptions in the preceding sentence for cannery tender, and fishing tender vessels and vessels used in processing or assembling fishery products shall continue in force until July 11,19T8.". (3) The proviso clauses of paragraph (2) of section 4417a of the "^"""f^^J^^^^ Revised Statutes (46 U.S.C. 391a(2)), as amended, are further''^'^^°'" amended to read as follows: Provided, That (i) this section shall not apply to vessels having on board the substances set forth in (A), (B), o r (C) above only for use as fuel or stores or to vessels carrying such cargo only in drums, barrels, or other packages; "(ii) nothing contained herein shall be deemed to amend or modify the provisions of section 4 of Public Law 93-397 with 82 Stat. 3 4 1. respect to certain vessels of not more than five hundred gross tons; 46 USC 391a. "(iii) this section shall not apply to vessels of not more than five thousand gross tons used in the processing and assembling of fishery products in the fisheries of the States of Oregon, Washington, and Alaska and such vessels shall be allowed to have on board inflammable or combustible cargo in bulk to the extent and upon conditions as may be required by the Secretary of the department in which the Coast Guard is operating; and "(iv) this section shall not apply to vessels of not more than five hundred gross tons documented in the service of oil exploitation which are not tank vessels and which would be subject to this section only because of the transfer of fuel from the vessels' own fuel supply tanks to offshore drilling or production facilities.". (4) Section 4426 of the Revised Statutes of the United States (46 ^.J^^'^j^" commerU.S.C. 404), as amended, is further amended by deleting the last two sels/exempt'ions. sentences and inserting in lieu thereof: "As herein, the phrase 'engaged in fishing as a regular business' includes cannery tender or fishing tender vessels of not more than five hundred gross tons used in the salmon or crab fisheries of the States of Oregon, Washington, and Alaska which are engaged exclusively in (1) the carriage of cargo to or from vessels in the fishery or a facility used or to be used in the processing or assembling of fishery products, or (2) the transportation of cannery or fishing persoimel to or from operating locations, and vessels of not more than five thousand gross tons used in the processing or assembling of fishery products in the fisheries of the States of Oregon, Washington, and Alaska, The exemptions in the preceding sentence for cannery tender, fishing tender vessels and vessels used in processing or assembling of fishery products shall continue in force until July 11, 1978.". SEC. 7. The Secretary of the department in which the Coast Guard f ^"f y is operating (hereinafter referred to as the "Secretary"), in coopera- n o16. u s e 1091 te tion with the Secretaries of Commerce, State, Defense, and the Treasury, and the Attorney General, shall conduct a comprehensive study of all feasible methods of enforcing fishery management jurisdiction, including any possible extension of such jurisdiction. In carrying out such study, the Secretary shall evaluate all available techniques of enforcement including, but not limited to, the use of satellites, remote sensing, vessels, aircraft, radar, or devices implanted on the seafloor. Approved October 1, 1974.

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Page:United States Statutes at Large Volume 88 Part 1.djvu/1228

 1184

PUBLIC LAW 93-431-OCT. 1, 1974

[88 STAT.

Public Law 93-431 October 1, 1974

^^' ^^"-^

Boston National H i s to r i c a l Park

Act of 1974. ie ^^'^ ^^°^ note. Property acquisition. 16 USC 4 1 Oz

AN

ACT

To authorize the establishment of the Boston National Historical P a r k in the Commonwealth of Massachusetts.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Boston National Historical Park Act of 1974". ^KC. 2. (a) In order to preserve for the benefit and inspiration of the peoplc of the United States as a national historical park certain hlstorlc structures and properties of outstanding national significance .

X I

^

cT)

^

&

^

located in Boston, Massachusetts, and associated with the American Revolution and the founding and growth of the United States, the Secretary of the Interior* (hereinafter referred to as the "Secretary") may, in accordance with the provisions of this Act, acquire by donation or by purchase with donated funds, all lands and improvements Description. tlicreou Or iutcrests therein comprising the following described areas: (1) Faneuil Hall, located at I)ock Square, Boston; (2) Paul Revere Llouse, 19 North Square, Boston; (8) The area identified as the Old North Church area, 193 Salem Street, Boston; (4) The Old State House, AVashington and State Streets, Boston; (5) Bunker Hill, Breeds Hill, Boston; () Old South Meeting House, Milk and AVashington Streets, Boston; and (7) Charlestown Navy Yard. (b) In the event that the properties described in this section are not donated to the United States or purchased with donated funds, they may be acquired by the Secretary with appropriated funds: Provided, That, except for privately held lands within the Charlestown Navy Yard as described in subsection (d) of this section, the Secretary shall not acquire any such properties by eminent domain so long as he determines that a binding, written cooperative agreement, assuring the preservation and historical integrity of such properties remains in force and effect. Lands owned by the Commonwealth of Massachusetts, or any of its political subdivisions, may be acquired only by donation. Hi^t°or'icarpInc"''^ (^) ^ ^ ^^^^^ ^™^' ^^ ^^^® Secretary determines that sufficient lands, Establishment, improvements, and interests therein have been acquired or that cooperative agreements satisfying the preservation and historical objective of this Act have been executed, he may establish the Boston Publication in Federal R e g i s t e r. National Historical Park by publication of notice to that effect in the Federal Register, together with a detailed description or map setting forth the properties included therein. (d) As used in this section, the Charlestown Navy Yard shall include the United States Ship Constitution and the lands generally depicted on the map entitled "Boundary M a p: Charlestown Naval Shipyard—U.S.S. Constitution, Boston National Historical Park", numbered BONA 20,000 and dated March 1974 which shall be on file and available in the offices of the Director of the National Park Service, Department of the Interior, Washington, D.C. All right, title, and interest in the Federal properties and improvements included therein shall be transferred to the Secretary of the Interior: Provided, That he may, by written agreement with the Secretary of the Navy, permit the continued use of any such buildings and facilities as the Secretary of the Interior determines to be necessary for the preservation and maintenance of the Constitution, which agreement shall pro-

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Page:Boys of Columbia High on the River.djvu/147

Rh same time frequently the expected chance does not come until it is too late to overtake the leader.

Once around Rattail Island and the chase was for home. Now the current favored the hardy young rivals, and it might be expected that their pace would increase to an extraordinary extent.

Frank settled himself for the terrific strain. Every nerve was on edge. He kept his eyes moving to the right and left ahead, but never once turned to see where the other boats might be. That was none of his business, with a watchful coach on the shore to attend to all such things.

Three times had the umpire called out warnings to one of the contestants. Bellport was crowding into Clifford; or in another case the former seemed to be taking water that by rights belonged to Bellport, and thus preventing the other boat from shooting alongside if so inclined.

There had been no actual fouling. These contestants were boys of honor, who did not wish to win a race by trickery or jockeying methods. It must be a clean win calculated to stand the closest scrutiny in order to satisfy all parties.

Down the river they shot like arrows speeding from stout bows.

The din now was fairly deafening, and each rower's muscles were strained to the utmost to hold out. Frank knew from the coach's gestures that he