text:
Page:United States Statutes at Large Volume 82.djvu/779

 82 STAT. ]

PUBLIC LAW 90-483-AUG. 13, 1968

737

23 degrees 01 minutes 15 seconds west 855.36 feet to the point formed by the intersection of the existing pierhead and bulkhead line and the east side of Battery Avenue, last said point of intersection being the end of the first line of the fourth parcel of land conveyed by J. and F. Realty, Incorporated to Allegheny Pepsi-Cola Bottling Company by deed dated December 22, 1965, and recorded among the Land Record of Baltimore City in Liber J. F. C. numbered 2006 folio 345, the location of said pierhead and bulkhead line is based upon the Corps of Engineers, Baltimore District, Baltimore, Maryland, coordinate value for station L IV of said pierhead and bulkhead line, the coordinate value as referred to the Lambert grid plane coordinate system for the State of Maryland of said station L IV being east 2,111,161.40, north 527,709,27 and thence binding on the east side of Battery Avenue, south 03 degrees 09 minutes 07 seconds east 568 feet, more or less, to intersect the north side of Key Highway as now laid out and located is hereby, declared to be not a navigable stream of the United States within the meaning of the laws of the United States, and the consent of Congress is hereby given for the filling in of all or any part of the described area. SEC. 116. (a) The Secretary of the Army is authorized and directed abandoned Sl'. to remove from the Potomac River and to destroy the abandoned etc. ships, ships' hulls, and pilings, located in Mallow's Bay, between Sandy Point and Liverpool Point, Charles County, Maryland, and at Wide Water, south of Quantico, Virginia, and any other abandoned ships formerly among those in Mallow's Bay or at Wide Water which have drifted from those locations. Local interests shall contribute 50 percent of the cost of such work, (b) There is authorized to carry out this section, not to exceed Appropriation. $175,000. SEC, 117, The Chief of Engineers, under the direction of the Secretary of the Army, is hereby authorized to maintain authorized river and harbor projects in excess of authorized project depths where such excess depths have been provided by the United States for defense purposes and whenever the Chief of Engineers determines that such waterways also serve essential needs of general commerce. SEC. 118. (a) Section 5 of the Act entitled "An Act creating the ciTmoriowa and City of Clinton Bridge Commission and authorizing said commission Furton"ii°."'^ ^" and its successors to acquire by purchase or condemnation and to construct, maintain, and operate a bridge or bridges across the Mississippi River at or near Clinton, Iowa, at or near Fulton, Illinois", approved December 21, 1944, as revised, amended, and reenacted, is hereby 72^stat^85^i^^' amended by inserting " (a) " immediately after "SEC. 5." and by adding at the end of such section the following new subsection: "(b) In addition to the method of payment provided in subsection (a) of this section, the commission and its successors and assigns are hereby authorized to provide for the payment of the cost of dismantling one bridge and of constructing as a replacement therefor a new bridge (including necessary approaches and approach highways) either entirely from a construction fund created in accordance with section 6 of this Act or from both such construction fund and from bonds issued and sold in accordance with subsection (a) of this section. The cost of any bridge constructed under this subsection (together with approaches and approach highways) shall include all costs and expenses included in the case of a bridge constructed under authority of subsection (a) of this section (including its approaches and approach highways)." (b) The first sentence of section 6 of such Act of December 21, 1944, is amended by striking out the period at the end thereof and inserting

�


text:
Page:United States Statutes at Large Volume 82.djvu/780

 738

Surveys.

64 Stat. 168.

Streambank erosion, etc.

Report to Congress.

Citation of title.

PUBLIC LAW 90-483-AUG. 13, 1968

[82 STAT.

in lieu thereof a comma and the following: "and, if the Commission determines it advisable to do so, to provide a construction fund specifically to pay the cost of dismantling one bridge and constructing a new bridge to replace it as authorized by subsection (b) of section 5 of this Act." (c) Section 6 of such Act of December 21, 1944, is further amended by adding immediately following the third sentence of such section the following new sentence: "If no bonds or notes are outstanding or if a sinking fund specifically for payment of all outstanding bonds and notes shall have been provided, the remainder of such tolls may, if the Commission determines it advisable to do so, be placed in a construction fund for use in accordance with subsection (b) of section 5 of this Act." (d) The first sentence of subsection (a) of section 8 of such Act of December 21, 1944, is amended by inserting immediately after "solely for that purpose," the following: "and after any bridge constructed under authority of section 5(b) of this Act shall have been paid for, or sufficient funds are available in the construction fund authorized by section 6 to pay for such bridge,". (e) The amendments made by this section shall be inapplicable insofar as they authorize the construction of a bridge or bridges unless actual construction thereof is commenced within five years from the date of enactment of this section and such construction is completed by January 1, 1980. SEC. 119. The Secretary of the Army is hereby authorized and directed to cause surveys to be made at the following locations and subject to all applicable provisions of section 110 of the River and Harbor Act of 1950: Back River, Maryland, from Chesapeake Bay to the city of Baltimore's waste water treatment plants. Savannah and Tennessee Rivers, with a view to determining the advisability of providing a waterway connecting the rivers by canals and appurtenant facilities and a waterway connecting Charleston and Port Royal, South Carolina, with the lower Savannah River. Lake Superior, with a view to determining the advisability of a waterway connecting the lake and the Mississippi River. SEC. 120. (a) The Secretary of the Army, acting through the Chief of Engineers, is authorized and directed to make studies of: (1) The nature and scope of the damages which result from streambank erosion throughout the United States, with a view toward determining the need for, and the feasibility of, a coordinated program of streambank protection in the interests of reducing damages from the deposition of sediment in reservoirs and waterways, the destruction of channels and adjacent lands, and other adverse effects of streambank erosion. (2) The need for and the feasibility of a program for the removal and disposal of drift and other debris, including abandoned vessels, from public harbors and associated channels under the jurisdiction of the Department of the Army. (b) The Secretary shall report to Congress, not later than one year after the date of enactment of this Act, the results of such studies together with his recommendations in connection therewith, including an appropriate division of responsibility between Federal and nonFederal interests. SEC. 121. Title I of this Act may be cited as the "River and Harbor Act of 1968".

�

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


text:
Page:United States Statutes at Large Volume 82.djvu/781

 82 STAT. ]

PUBLIC LAW 90-483-AUG. 13, 1968 TITLE II — F L O O D CONTROL

739 Flood control Act of 1968.

SEC. 201. Section 3 of the Act approved June 22', 1936 (Public Law Numbered 738, Seventy-fourth Congress), as amended by section 2 of ^9 sta^ isnthe Act approved June 28, 1938 (Public Law Numbered 761, SeventyStat. 1215fifth Congress), shall apply to all works authorized in this title except 52 USC 701.C-1. 33 that for any channel improvement or channel rectification project, provisions (a), (b), and (c) of section 3 of said Act of June 22, 1936, shall apply thereto, except as otherwise provided by law. The authorization for any flood control project herein authorized by this Act requiring local cooperation shall expire five years from the date on which local interests are notified in writing by the Secretary of the Army or his designee of the requirements of local cooperation, unless said interests shall within said tyne furnish assurances.satisfactory to the Secretary of the Army that the required cooperation will be furnished. SEC. 202. The provisions of section 1 of the Act of December 22, 1944 (Public Law Numbered 534, Seventy-eighth Congress, second session), shall govern with respect to projects authorized in this Act, ^| us^c 7^0/-1 and the procedures therein set forth with respect to plans, proposals, or reports for works of improvement for navigation or flood control and for irrigation and purposes incidental thereto shall" apply as if herein set forth in full. SEC. 203. The following works of improvement for the benefit of Projects. navigation and the control of destructive floodwaters and other purl^oses are hereby adopted and authorized to be prosecuted under the direction of the Secretary of the Army and supervision of the Chief of Engineers in accordance with the plans in the respective reports hereinafter designated and subject to the conditions set forth therein. The necessary plans, specifications, and preliminary work may be prosecuted on any project authorized in this title with funds from appropriations hereafter made for flood control so as to be ready for rapid inauguration of a construction program. The projects authorized in this title shall be initiated as expeditiously and prosecuted as vigorously as may be consistent with budgetary requirements. Penstocks and other similar facilities adapted to possible future use in the development of hydroelectric power shall be installed in any dam authorized in this Act for construction by the Department of the Army when approved by the Secretary of the Army on the recommendation of the Chief of Engineers and the Federal Power Commission. L O W E R CHARLES RIVER,

MASSACHUSETTS

The project for flood control on the Lower Charles River, Masstichusetts, is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers in House Document Numbered 370, Ninetieth Congress, at an estimated cost of $18,620,000. C O N N E C T I C U T RIVER B A S I N

The project for the Beaver Brook Dam and Reservoir, Beaver Brook, New Hampshire, is hereby authorized substantially in accordance with the recommendations of the. Chief of Engineers in Senate Document Numbered 68, Ninetieth Congress, at an estimated cost of $1,185,000. The project for flood protection on Park River, Connecticut, is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers in Senate Document Numbered 43, Ninetieth Congress, at an estimated cost of $30,300,000.

�


text:
Page:United States Statutes at Large Volume 82.djvu/782

 740

PUBLIC LAW 90-483-AUG. 13, 1968

[82 STAT.

LONG ISLAND SOUND

The project for flood protection on Norwalk River, Connecticut and New York, is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers in Senate Document Numbered 51, Ninetieth Congress, at an estimated cost of $2,700,000. DEI^WARE-ATLANTIC COASTAL AREA

The project for hurricane-flood protection and beach erosion control along the Delaware Coast from Cape Henlopen to Fen wick Island, at the Delaware-Maryland State Line is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers, in Senate Document Numbered 90, Ninetieth Congress, at an estimated cost of $5,584,000. RAPPAHANNOCK RIVER BASIN

The project for the Salem Church Dam and Reservoir Rappahannock River, Virginia, is hereby modified substantially in accordance with the recommendations of the Chief of Engineers in Senate Document Numbered 37, Ninetieth Congress, at an estimated cost of $79,500,000. CAPE FEAR RIVER BASIN

The project for the Randleman Dam and Reservoir, Deep River, North Carolina, is hereby authorizad substantially in accordance with the recommendations of the Chief of Engineers in House Document Numbered 343, Ninetieth Congress, at an estimated cost of $19,463,000. The project for the Howards Mill Dam and Reservoir, Deep River, North Carolina, is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers in House Document Numbered 343, Ninetieth Congress, at an estimated cost of $12,460,000. SOUTH ATLANTIC COASTAL AREA

The project for beach erosion control and hurricane flood protection of Dade County, Florida, is hereby authorized substantially m accordance with the recommendations of the Chief of Engineers in House Document Numbered 335, Ninetieth Congress, at an estimated cost of $11,805,000. HILLSBOROUGH BAY, FLORIDA

The project for hurricane-flood control protection on Hillsborough Bay, Florida, is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers in House Document Numbered 313, Ninetieth Congress, at an estimated cost of $9,909,000, except that construction of the barrier across Hillsborough Bay shall not be undertaken until the Chief of Engineers completes further detailed studies covering related water resource problems, including a comprehensive model study of the entire Tampa Bay area, and until sixty days after the date of submission of a report on such studies to the Committees on Public Works of the Senate and House of Representatives. CENTRAL AND SOUTHERN FLORIDA

The project for Central and Southern Florida, authorized by the 62 Stat. 1171. Flood ContTol Act of June 30, 1948, is further modified in accordance ^33 701 -8, ^j^j^ ^1^^ recommendations of the Chief of Engineers in Senate Docu-

�


text:
Page:United States Statutes at Large Volume 82.djvu/783

 82 STAT. ]

PUBLIC LAW 90-483-AUG. 13, 1968

741

ment Numbered 101, Ninetieth Congress, at an estimated cost of $8,072,000, and in accordance with House Document Numbered 369, Ninetieth Congre^, at an estimated cost of $58,182,000. PASCAGOULA RIVER B A S I N

The project for the Tallahala Creek Dam and Reservoir, Tallahala Creek, Mississippi, is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers in House Document Numbered 143, Ninetieth Congress, at an estimated cost of $16,360,000. LOWER M I S S I S S I P P I RIVER

BASIN

The project for flood control and improvement of the lower Mississippi River, adopted by the Act of May 15, 1928 (45 Stat. 534), as amended and modified, is hereby further modified and expanded to include the following items: (1) The project for the St. Francis River Basin, Arkansas and Missouri, authorized by the Flood Control Act approved June 15, 1936 (Public Law 74-678), as modified by subsequent Acts of Congress, including the Flood Control Act of 1965. Public Law 89-298 is hereby further modified to provide that the requirements of local cooperation for the improvements authorized in the Flood Control Act of 1965, shall conform to those requirements for local cooperation in the Saint Francis River Basin authorized in previous Acts of Congress, substantially as recommended by the Chief of Engineers in Senate Document Numbered 11, Ninetieth Congress. (2) Improvements in the Boeuf and Tensas Rivers and Bayou Macon Basin to divert flows that would otherwise enter Lake Chicot, Arkansas, substantially in accordance with the recommendations of the Chief of Engineers in House Docmnent Numbered 168, Ninetieth Congress, at an estimated cost of $15,240,000, except that prior to initiation of construction of the project, local interests shall agree that no fees shall be charged for admission to Lake Chicot and to public recreation areas adjoining Lake Chicot and that user fees at such lake and areas shall be devoted to recreation purposes. (3) Improvements in the Belle Fountain ditch and tributaries, Missouri, and Drainage District Number 17, Arkansas, substantially in accordance with the recommendations of the Chief of Engineers in House Document Numbered 339, Ninetieth Congress, at an estimated cost of $4,638,000. W H I T E RIVER

BASIN

The project for flood protection on Crooked Creek at and in the vicinity of Harrison, Arkansas, is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers in Seriate Document Numbered 28, Ninetieth Congress, at an estimated cost of $2,840,000. BRAZOS RIVER

BASIN

The project for the Aquilla Dam and Reservoir, Aquilla Creek, Texas, is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers in Senate Document Nmnbered 52, Ninetieth Congress, at an estimated cost of $23,612,000. NAVASOTA RIVER B A S I N

The project for the Navasota River, Texas, is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers in House Document Numbered 341, Ninetieth Congress, at an estimated cost of $119,707,000.

Project modification. 33 USC 702a702m.

^9 Stat. isos^9 Stat. lora.

�


text:
Page:United States Statutes at Large Volume 82.djvu/784

 742

PUBLIC LAW 90-483-AUG. 13, 1968

[82 STAT.

CLEAR C R E E K, TEXAS

The project for flood protection on Clear Creek, Texas, is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers in House Document Numbered 351, Ninetieth Congress, at an estimated cost of $12,600,000. P E C A N BAYOU, TEXAS

The project for flood protection on Pecan Bayou, Texas, is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers in House Document Numbered 350, Ninetieth Congress, at an estimated cost of $24,861,000. G U L F OF MEXICO

The project for hurricane-flood control at Texas City and vicinity, Texas, is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers in House Document Numbered 187, Ninetieth Congress, at an estimated cost of $10,990,000. U P P E R M I S S I S S I P P I RIVER BASIN

The project for flood protection on the Mississippi River from Cassville, Wisconsin, to mile 300, is hereby author'zed substantially in accordance with the recommendations of the Chief of Engineers in House Document Numbered 348, Ninetieth Congress, at an estimated cost of $21,300,000. The project for flood protection of State Road and Ebner Coulees, city of La Crosse and Shelby Township, Wisconsin, is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers in House Document Numbered 360, Ninetieth Congress, at an estimated cost of $6,849,000. RED RIVER o r THE N O R T H

The project for flood protection on the South Branch of the Wild Rice River and Felton Ditch, Minnesota, is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers in House Document Numbered 98, Ninetieth Congress, at an estimated cost of $1,230,000. O H I O RIVER

BASIN

The project for flood protection on the Ohio River in Southwestern Jefferson County, Kentucky, is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers in House Document Numbered 340, Ninetieth Congress, at an estimated cost of $19,800,000. The project for the ITtica Dam and Reservoir and flood protection at Newark, Licking River Basin, Ohio, is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers in House Document Numbered 337, Ninetieth Congress, at an estimated cost of $32,953,000. W A B A S H RIVER B A S I N

The project for flood control and related purposes in the Wabash River Basin, Indiana, Illinois, and Ohio, is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers in Senate Document Numbered 96, Ninetieth Congress, and

�


text:
Page:United States Statutes at Large Volume 82.djvu/785

 82 STAT. ]

PUBLIC LAW 90-483-AUG. 13, 1968

the-Big Walnut Dam and Reservoir is authorized substantially in accordance with the plan for such project set forth in the report of the Chief of Engineers in said document. There is hereby authorized to be appropriated the sum of $50,000,000, for initiation and partial accomplisliment of the project, except that construction of the Big Walnut Dam and Reservoir shall not be initiated until approved by the President.

743

Appropriation.

MISSOURI RIVER BASIN South Platte The project for the Bear Creek Dam and Reservoir, South Platte River, Colo. River, Colorado, is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers in Senate Document Numbered 87, Ninetieth Congress, at an estimated cost of $32,314,000. The project for flood protection on the Big Sioux River at and in g "^^j'^if'°"'' ^'^^'•' the vicinity of Sioux City, Iowa and South Dakota, is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers in Senate Document Numbered 94, Ninetieth Congress, at an estimated cost of $2,750,000. With respect to that portion of the project above Sioux City, Iowa, approved in accordance with House Document Numbered 199, Eighty-eighth Congress, in the Flood Control Act of 1965 (Public Law 89-298), there shall be mutual agree- ^^ ^'^'- ^ "^^ • ment between the States of Iowa and South Dakota on a flood control plan and a plan for mitigation of fish and wildlife losses with respect to said portion within six months following completion of the reservoir study for the upper basin of the Big Sioux River and the Rock River now underway and receipt of copies of said report by the Governors of the States of Iowa and South Dakota. If said mutual agreement is not reached within said time, approval of said flood control plan and plan for mitigation of fish and wildlife losses shall be made by a committee consisting of one representative each appointed by the Chief of Engineers, the Secretary of the Interior, and the Secretary of Agriculture. The project for flood protection and other purposes in the Papillion B^s^n'Nebr*^'^^^'*' Creek Basin, Nebraska, is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers in House Document Numbered 349, Ninetieth Congress, at an estimated cost of $26,800,000. The project for the Davids Creek Dam and Reservoir, Nishnabotna Ri'^er^^owa*"^ River, Iowa, is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers in House Document Numbered 142, Ninetieth Congress, at an estimated cost of $2,040,000. The project for flood control and other purposes on the Little Blue River in the vicinity of Kansas City, Missouri, is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers in House Document Numbered 169, Ninetieth Congress, at and estimated cost of $38,492,000. The second paragraph under the heading "Missouri River Basin'* of the Act entitled "An Act authorizing additional appropriations for the prosecution of comprehensive plans for certain river basins", approved December 30, 1963 (77 Stat. 840), is hereby amended to read as follows: "The comprehensive plan for flood control and other purposes in the Missouri River Basin, authorized by the Flood Control Act of June 28, 1938, as amended and supplemented, is further modified to II u^c yo^b include such bank protection or rectification works at or below the etc. Garrison Reservoir as in the discretion of the Chief of Engineers and the Secretary of the Army may be found necessary, at an estimated cost of $7,040,000."

�


text:
Page:United States Statutes at Large Volume 82.djvu/786

 744

PUBLIC LAW 90-483-AUG. 13, 1968 JORDAN

RIVER

[82 STAT.

BASIN

The project for the Little Dell Dam and Reservoir, Salt Lake City Streams, Utah, is hereby modified substantially in accordance with the recommendations of the Chief of Engineers in Senate Document Numbered 53, Ninetieth Congress, at an estim'ated cost of $22,664,000. SACRAMENTO RIVER

BASIN

The project for flood protection on the Feather Eiver at Chester, California, is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers in House Document Numbered 314, Ninetieth Congress, at an estimated cost of $940,000. SANTA A N A RIVER

BASIN

The project for flood protection, and other purposes on Cucamonga Creek, California, is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers in House Document Numbered 323, Ninetieth Congress, at an estimated cost of $26,300,000. SAN FRANCISCO BAY AREA

The project for flood control on Alhambra Creek, California, is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers in House Document Numbered 336, Ninetieth Congress, at an estimated cost of $8,000,000. MAD RIVER,

CALIFORNIA

The project for flood control on the Mad River, California, is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers in House Document Numbered 359, Ninetieth Congress, at an estimated cost of $38,600,000. SWEETWATER RIVER B A S I N

The project for flood control on the Sweetwater River, California, is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers in House Document Numbered 148, Ninetieth Congress, at an estimated cost of $4,900,000. TANANA

RIVER

BASIN

The project for flood control in the Tanana River Basin in the vicinity of Fairbanks, Alaska, is hereby modified substantially in accordance with the recommendations of the Chief of Engineers in Senate Document Numbered 89, Ninetieth Congress, at an estimated cost of $111,700,000. lAO STREAM,

HAWAII

The project for flood protection and other purposes on l a o Stream, Hawaii, is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers in House Document Numbered 151, Ninetieth Congress, at an estimated cost of $1,660,000. S E C 204. The Secretary of the Army, acting through the Chief of Engineers, is authorized to provide such school facilities as he may deem necessary for the education of dependents of persons engaged in the construction of the Dworshak Dam and Reservoir project, Idaho, and to pay for the same from any funds available for such project.

�


text:
Page:United States Statutes at Large Volume 82.djvu/787

 82 STAT. ]

PUBLIC LAW 90-483-AUG. 13, 1968

745

"When lie determines it to be in the public interest, the Secretary, acting through the Chief of Engineers, may enter into cooj^erative arrangements with local and Federal agencies for the operation of such Government facilities, for the expansion of local facilities at Federal expense, and for contributions by the Federal Government to cover the increased cost to local agencies of providing the educational services required by the Government. SEC. 205. The project for flood protection at Ironton, Ohio, author- ^'°^^°^- Ohio. ized by the Flood Control Act of August 28, 1937, is hereby modified so Stat. 876. so as to provide for the installation by the Secretary of the Army, acting through the Chief of Engineers, of aluminum closure structures at gates numbered 10, 17, and 18, located at Second and Orchard Streets, Second Street west of Storms Creek, and Second and Ellison Streets, respectively, at an estimated cost of $58,000. SEC. 206. That, notwithstanding the first proviso in section 201 of ^^J^^^^^*'' the Act entitled "An Act authorizing the construction, repair, and preservation of certain public works on rivers and harbors for navigation, flood control, and for other purposes", approved July 3, 1958 (72 Stat. 305), the authorization in section 203 of such Act of projects for local protection on the Weber River, Utah shall expire on April 16, 1972, unless local interests shall before such date furnish assurances satisfactory to the Secretary of the Army that the required local cooperation in such project will be furnished. SEC. 207. That, notwithstanding the first proviso in section 201 of j^^^^°^ ^'^ the Act entitled "An Act authorizing the construction, repair, and preservation of certain public works on rivers and harbors for navigation, flood control, and for other purposes", approved July 3, 1958 (72 Stat. 305), the authorization in section 203 of such Act of projects for local protection on the Pecos River at Carlsbad, New Mexico, shall expire on May 19, 1972, unless local interests shall before such date furnish assurances satisfactory to the Secretary of the Army that the required local cooperation in such project will be furnished. SEC. 208. The project for flood protection on the Gila River below ^^^^^^ River, Painted Rock Reservoir, Arizona, authorized by the Flood Control Act of 1962 (76 Stat. 1180, 1190), substantially in accordance with the recommendations of the Chief of Engineers in Senate Document Numbered 116, Eighty-seventh Congress, is hereby modified to provide that local cooperation shall consist of the requirements that, prior to construction, local interests give assurances satisfactory to the Secretary of the Army that they will: (1) make a cash contribution of $700,000, to be paid either in a lump sum prior to initiation of construction or in installments prior to the start of pertinent work items in accordance with construction schedules, as determined by the Chief of Engineers, except that the reasonable value, as determined by the Chief of Engineers, of any lands, easements, rights-of-way, and relocations, furnished by the local interests shall be deducted from the required cash contribution; (2) hold and save the United States free from damages due to the construction works; (3) maintain and operate all works after completion in accordance with regulations prescribed by the Secretary of the Army. SEC. 209. (a) Whenever any State, or any agency or instrumen- seme"menT, a^cquitality of a State or local government, or any nonprofit incorporated sition. body organized or chartered under the law of the State in which it is located, or any nonprofit association or combination of such bodies, agencies or instrumentalities, shall undertake to secure any lands or interests therein as a site for the resettlement of families, individuals, and business concerns displaced by a river and harbor improvement, flood control or other water resource project duly authorized by Congress, and when it has been determined by the Secretary

�


text:
Page:United States Statutes at Large Volume 82.djvu/788

 746

40 USC 258a258e. C ondemnation expenses.

Bond.

Acquisition pro-

Conveyance authorization.

Entrance or admission f e e s.

Wabash River Basin, Ill.-Ind. 60 Stat. 652.

PUBLIC LAW 90-483-AUG. 13, 1968

[82 STAT.

of the Army that the State is unable to acquire necessary lands or interests in lands or is unable to acquire such lands or interests in lands with sufficient promptness, the Secretary, upon the request of the Governor of the State in which such site is located, and after consultation with appropriate Federal, State, interstate, regional, and local departments and agencies, is authorized, in the name of the United States and prior to the approval of title by the Attorney General, to acquire, enter upon, and take possession of such lands or interests in lands by purchase, donation, condemnation or otherwise in accordance with the laws of the United States (including the Act of February 26, 1931 (46 Stat. 1421)). All expenses of said acquisition and any award that may be made under a condemnation proceeding, including costs of examination and abstract of title, certificate of title, appraisal, advertising, and any fees incident to acquisition, shall be paid by such State or body, agency, or instrumentality. The State, agency, instrumentality, or nonprofit body may repay such amounts from any funds made available to it for such purposes by any Federal department, agency, or instrumentality (other than the Department of the Army) having authority to make funds available for such a purpose. Pending such payment, the Secretary may expend from any funds hereafter appropriated for the project occasioning such acquisition such sums as may be necessary to carry out this section. To secure payment, the Secretary may require any such State or agency, body, or instrumentality to execute a proper bond in such amount as he may deem necessary before acquisition is commenced. Any sums paid to the Secretary by any such State or agency, body or instrumentality shall be deposited in the Treasury to the credit of the appropriation for such project. (b) No acquisition shall be undertaken under the authority of this section unless the Secretary has determined, after consultation with appropriate Federal, State, and local governmental agencies that (1) the development of a site is necessary in order to alleviate hardships to displaced persons; (2) the location of the site is suitable for development in relation to present or potential sources of employment; and (3) a plan for development of the site has been approved by appropriate local governmental authorities in the area or community in which such site is located. (c) The Secretary is further authorized and directed by proper deed, executed in the name of the United States, to convey any lands or interests in land acquired in any State under the provisions of this section, to the State, or such public or private nonprofit body, agency, or institution in the State as the Governor may prescribe, upon such terms and conditions as may be agreed upon by the Secretary, the Governor, and the agency to which the conveyance is to be made. SEC. 210. No entrance or admission fees shall be collected after March 31, 1970, by any officer or employee of the United States at public recreation areas located at lakes and reservoirs under the jurisdiction of the Corps of Engineers, United States Army. User fees at these lakes and reservoirs shall be collected by officers and employees of the United States only from users of highly developed facilities requiring continuous presence of personnel for maintenance and supervision of the facilities, and shall not be collected for access to or use of water areas, undeveloped or lightly developed shoreland, picnic grounds, overlook sites, scenic drives, or boat launching ramps where no mechanical or hydraulic equipment is provided. SEC. 211. The Mason J. Niblack levee feature of the project for flood control in the Wabash Eiver Ba^sin, Illinois and Indiana, authorized by the Flood Control Act approved July 24, 1946, is hereby modified to l)rovide for the installation by the Secretary of the Army, acting

�


text:
Page:United States Statutes at Large Volume 82.djvu/789

 82 STAT. ]

PUBLIC LAW 90-483-AUG. 13, 1968

747

through the Chief of Engineers, and operation and maintenance by local interests, of pumping facilities to remove ponded interior drainage from the area protected by the levee, at an estimated cost of $500,000. SEC. 212. The Secretary of the Army, acting through the Chief of nrhwaTa? *^*^ Engineers, is authorized to amend Contract Numbered DA-45-108- ^^ "'^^ CIVENG-66-68, between the United States and the Montiana State Highway Commission for the relocation of Montana State Highway 37 m connection with the construction of the Libby Dam project, so as to provide that the design standards for the relocation shall be those adopted by the State of Montana pursuant to the provisions of the Highway Safety Act of 1966 (80 Stat. 731). _ no" "^^ ^"^ SEC. 213. The project for flood control and improvement of the Lower MissisLower Mississippi Eiver, adopted by the Act of May 15, 1928 (45 Stat, ^^PP^ Ri^e'534) as amended and modified, is further modified to provide pumping ^^ "^^ ^"2^plants and other drainage facilities in Cairo, Illinois, and vicinity, to the extent found economically justified by the Chief of Engineers, subject to the conditions that local interests (1) provide without cost to the United States all lands, easements, and rights-of-way necessary for the construction of the work; (2) hold and save the United States free from damages due to the construction work; and (3) maintain and operate all works after completion. SEC. 214. The project for the Sanders Creek Red River Basin, j^^ander^sc^reek^ Texas, is hereby modified to provide for the acquisition of additional xexas!^^"^ privately owned lands aggregating approximately seven hundred and fifty acres located within the boundaries of former Camp Maxey, Lamar County, Texas, for the purpose of consolidating Federal ownership of areas as may be needed for wildlife purposes in connection with the P a t Mayse Dam and Reservoir project, and to facilitate the establishment of a wildlife refuge or wildlife management area. The lands so acquired will be made available to the Secretary of the Interior or to the State of Texas in accordance with established administrative procedures pursuant to the Fish and Wildlife Coordination Act (16 U.S.C. 661 et seq.). The acquisition of such lands may be,^^°,^*^',^\°^°' deferred until such time as assurances are given, satisfactory to the 72 Stat. 563. Chief of Engineers, that a wdldlife refuge or wildlife management area will be established. SEC. 215. (a) The Secretary of the Army, acting through the Chief to Reimbursement States, etc. of Engineers, may, when he determines it to be in the public interest, enter into agreements providing for reimbursement to States or political subdivisions thereof for work to be performed by such non-Federal public bodies at wat«r resources development projects authorized for construction under the Secretary of the Army and the supervision of the Chief of Engineers. Such agreements may provide for reimbursement of installation costs incurred by such entities or an equivalent reduction in the contributions they would otherwise be required to make, or in appropriate cases, for a combination thereof. The amount of Federal reimbursement, including reductions in contributions, for a single project shall not exceed $1,000,000. (b) Agreements entered into pursuant to this section shall (1) fully Aereement pro•

^^

•

•

"^ vis ions.

describe the work to be accomplished by the non-Federal public body, and be accompanied by an engineering plan if necessary therefor; (2) specify the manner in which such work shall be carried out; (3) provide for necessary review of design and plans, and inspection of the work by the Chief of Engineers or his designee; (4) state the basis on which the amount of reimbursement shall be determined; (5) state that such reimbursement shall be dependent upon the appropriation of funds applicable thereto or funds available therefor, and shall not take precedence over other pending projects of higher priority for improvements; and (6) specify that reimbursement or credit for non-

�


text:
Page:United States Statutes at Large Volume 82.djvu/790

 748

76 Stat. 1178.

Appropriation.

vo^r^'Jciskaskir River, 111.

PUBLIC LAW 90-483-AUG. 13, 1968

[82 STAT.

Federal installation expenditures shall apply only to work undertaken on Federal projects after project authorization and execution of the agreement, and does not apply retroactively to past non-Federal work. Each such agreement shall expire three years after the date on which it is executed if the work to be undertaken by the non-Federal public body has not commenced before the expiration of that period. The time allowed for completion of the work will be determined by the Secretary of the Army, acting through the Chief of Engineers, and stated in the agreement. (c) No reimbursement shall be made, and no expenditure shall be credited, pursuant to this section, unless and until the Chief of Engineers or his designee, has certified that the work for which reimbursement or credit is requested has been performed in accordance with the agreement. (d) Reimbursement for work commenced by non-Federal public bodies no later than one year after enactment oi this section, to carry out or assist in carrying out projects for beach erosion control, may be made in accordance with the provisions of section 2 of the Act of August 13, 1946, as amended (33 U.S.C. 426f). Reimbursement for such work may, as an alternative, be made in accordance with the provisions of this section, provided that agreement required herein shall have been executed prior to commencement of the work. Expenditures for projects for beach erosion control commenced by non-Federal public bodies subsequent to one year after enactment of this section may be reimbursed by the Secretary of the Army, acting through the Chief of Engineers, only in accordance with the provisions of this section. (e) This section shall not be construed (1) as authorizing the United States to assume any responsibilities placed upon a non-Federal body by the conditions of project authorization, or (2) as committing the United States to reimburse non-Federal interests if the Federal project is not undertaken or is modified so as to make the work performed by the non-Federal Public body no longer applicable. ^f^ -pj^^ Secretary of the Army is authorized to allot from any appropriations hereafter made for civil works, not to exceed $10,000,000 for any one fiscal year to carry out the provisions of this section. This limitation does not include specific project authorizations providing for reimbursement. ^^^- 216. (a) The Secretary of the Army shall, without monetary consideration, extend until October 1, 1964, the rights described in this section which were reserved until July 1, 1964, to any former owner (including his heirs, administrators, executors, successors, and assigns) of the subsurface estate of any real property acquired by the United States in connection with the construction of the Carlyle Reservoir project on the Kaskaskia River, Illinois. The reserved rights referred to in this section are more particularly described as the reservation of all oil, gas, and other minerals of like fugacious character, together with rights necessary for the purpose of exploration, development, production, and removal thereof within the Boulder Oil Field, and restricted to section 2, township 2 north, range 2 west, and sections 34,35, and 36 in township 3 north, range 2 west, Clinton County, Illinois. (b) The Secretary of the Treasury is authorized and directed to pay, out of any money in the Treasury not otherwise appropriated, to such persons designated by the Secretary of the Army, whose rights are authorized to be extended by subsection (a) of this section, the amount of money determined by the Secretary of the Army to represent their respective interests in royalty payments received by the United States for the authorized three-month extended period. The total payments so made shall not exceed the sum of $6,401.16.

�


text:
Page:United States Statutes at Large Volume 82.djvu/791

 82 STAT. 1

PUBLIC LAW 90-48S-AUG. 13, 1968

749

SEC. 217. (a) No provision of law heretofore or hereafter enacted TVA power prowhich limits the number of persons who may be appointed as full-time ^"^^^ ^""^ oyees. civilian employees, or temporary and part-time employees, in the executive branch of the Government shall apply to employees of the Tennessee Valley Authority engaged in its power program and paid exclusively from other than appropriated funds. In applying any such provision of law to other departments and agencies in the executive branch, the number of such employees of the Tennessee Valley Authority shall not be taken into account. (b) No provision of law that seeks to limit expenditures and net lending during the fiscal year ending on June 30, 1969, under the Budget of the United States Government, shall apply to expenditures by the Tennessee Valley Authority out of the proceeds from its power operations, from the sale of any power program assets, or from power revenue bonds, notes, or other evidences of indebtedness. SEC. 218. The Chief of Engineers is directed to review the project P^OJ ect review; for the Devils Jumps Dam and Reservoir, Big South Fork of the 2^°;'.'°^°"' Cumberland River, Kentucky and Tennessee, and report to the Congress not later than December 31, 1969, on the feasibility of such project for the purposes of House Document Numbered 175, Eightyseventh Congress. The Chief of Engineers, the Secretary of the Interior and the Secretary of Agriculture shall review and prepare such alternative plans as they may determine feasible and appropriate for the use of the Big South Fork of the Cumberland River and its tributaries in Kentucky and Tennessee and necessary contiguous areas for recreational, conservation, or preservation uses of such area and report to the Congress not later than December 31, 1969. The construction of such project or any alternative project shall not be initiated until such reports have been made to and approved by the Congress. Such funds as may be necessary to carry out this section are hereby authorized. SEC. 219. The Secretary of the Army is hereby authorized and surveys. directed to cause surveys for flood control and allied purposes, including channel and major drainage improvements, and floods aggravated by or due to wind or tidal effects, to be made under the direction of the Chief of Engineers, in drainage areas of the United States and its territorial possessions, which include the localities specifically named in this section. After the regular or formal reports made on any survey authorized by this section are submitted to Congress, no supplemental or additional report or estimate shall be made unless authorized by law except that the Secretary of the Army may cause a review of any examination or survey to be made and a report thereon submitted to Congress, if such review is required by the national defense or by changed physical or economic conditions. Burnett, Crystal, and Scotts Bays and vicinity, Baytown, Texas, in the interest of flood control, drainage, and related water and land resources, including specifically the problems of general subsidence of the area and flood problems created thereby. Linville Creek, Caney Creek and Tres Palacious, Texas, in the interest of flood control and related purposes. Oso Creek, Texas, in the interest of flood control and related purposes. Maddaket, Smith's Point and Broad Creek, Massachusetts, in the interest of flood control, hurricane protection, navigation and related purposes. Streams at and in the vicinity of the Spring Mountain Youth Camp, Spring Mountain Range, Nevada, in the interest of flood control, bank erosion control, and allied purposes.

�


text:
Page:United States Statutes at Large Volume 82.djvu/792

 750

C i t a t i o n of title.

PUBLIC LAW 90-484-AUG. 13, 1968

[82 STAT.

Virgin River, at and in the vicinity of Bunkerville, Mesquite, and Riverside, Nevada, in the interest of flood control, bank erosion control, and allied purposes. Cuyahoga River from Upper Kent to Portage Trail in Cuyahoga Falls, Ohio, in the interest of flood control, pollution abatement, low flow regulation, and other allied water purposes. Kalihi Stream, Honolulu, Oahu, Hawaii. SEC. 220. Title II of this Act may be cited as the "Flood Control Act of 1968". TITLE III—RIVER BASIN MONETARY AUTHORIZATIONS SEC. 301. That (a) in addition to previous authorizations, there is hereby authorized to be appropriated for the prosecution of the comprehensive plan of development of each river basin under the jurisdiction of the Secretary of the Army referred to in the first column below, which was basically authorized by the Act referred to by date of enactment in the second column below, an amount not to exceed that shown opposite such river basin in the third column below: Basin

Alabama-CoosaRiver... Arkansas River Brazos River... Central and southern Florida Columbia River Missouri River Ohio River Ouachita River San Joaquin River South Platte River Upper Mississippi River... White River

68 Stat. 124833 USC 701-1 note-706. C i t a t i o n of title.

Act of Congress Mar. 2, 1945 June 28.1938 Sept. 3, 1954 June 30, 1948 June 28, 1938 June 28, 1938 June 22, 1936 May 17, 1950 Dec. 22, 1944 May 17, 1950 June 28, 1938 June 28, 1938

Amount

$29,000,000 108,000,000 2,000,000 15,000,000 193,000,000 38,000,000 35,000,000 10,000,000 17,000,000 12,000,000 5,000,000 2,000,000

(b) The total amount authorized to be appropriated by this section shall not exceed $466,000,000. SEC. 302, I n addition to the previous authorization, the completion of the system of flood control reservoirs on the West Branch Susquehanna River, Pennsylvania, authorized by the Flood Control Act of 1954, is hereby authorized at an estimated cost of $3,000,000. SEC. 303, Title III of this Act may be cited as the "River Basin Monetary Authorization Act of 1968". Approved August 13, 1968.

Public Law 90-484 August 13, 1968 [S.3638]

Dairy farmers. Indemnity payments.

Appropriation authorization. Expiration date.

AN ACT To provide indemnity payments to dairy farmers. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of Agriculture is authorized to make indemnity payments, at a fair market value, to dairy farmers who have been directed since January 1, 1964, to remove their milk from commercial markets because it contained residues of chemicals registered and approved for use by the Federal Government at the time of such use. Such indemnity payments shall continue to each dairy farmer until he has been reinstated and is again allowed to dispose of his milk on commercial markets. SEC. 2. There is hereby authorized to be appropriated such sums as may be necessary to carry out the purposes of this Act. SEC. 3. The authority granted under this Act shall expire on June 30, 1970. Approved August 13, 1968.

�


text:
Page:United States Statutes at Large Volume 82.djvu/793

 82 STAT.]

PUBLIC LAW 90-485-AUG. 13, 1968

751

Public Law 90-485 AN ACT To amend chapter 73 of title 10, United States Code, relating to the retired serviceman's family protection plan, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That chapter 73 of title 10, United States C<>de is amended*as follows: (1) Section 1431(b) is amended to read as follows: " (b) To provide an annuity under section 1434 of this title, a person covered by subsection (a) may elect to receive a reduced amount of the retired pay or retainer pay to which he may become entitled as a result of service in his armed force. Except as otherwise provided in this section^ unless it is made before he completes nineteen years of service for which he is entitled to credit in the computation of his basic pay, the election must be made at least two years before the first day for which retired pay or retainer pay is granted. However, if, because of military operations, a member is assigned to an isolated station or is missing, interned in a neutral country, captured by a hostile force, or beleaguered or besieged, and for that reason is unable to make an election before completing nineteen years of that service, he may make the election, to become effective immediately, within one year after he ceases to be assigned to that station or returns to the jurisdiction of his armed force, as the case may be. A member to whom retired pay or retainer pay is granted retroactively, and who is otherwise eligible to make an election, may make the election within ninety days after receiving notice that such pay has been granted to him. An election made after the date of enactment of this amendment is not effective if— "(1) the elector dies during the first thirty-day period he is entitled to retired pay as a result of a physical condition which led to his being granted retired pay under chapter 61 of title 10 with a disability of 100 per centum under the standard schedule of rating disabilities in use by the Veterans' Administration at the time of the determination of the per centum of his disability; "(2) the disability was not the result of injury or disease received in line of duty as a direct result of armed conflict; and "(3) his widow or children are entitled to dependency and indemnity compensation under chapter 13 of title 38 based upon his death." (2) Section 1431(c) is amended to read as follows: "(c) An election may be changed or revoked by the elector before the first day for which retired or retainer pay is granted. Unless it is made on the basis of restored mental competency under section 1433 of this title, or unless it is made before the elector completes nineteen years of service for which he is entitled to credit in the computation of his basic pay (in which case only the latest change or revocation shall be effective), the change or revocation is not effective if it is made less than two years before the first day for which retired or retainer pay is granted. The elector may, however, before the first day for which retired or retainer pay is granted, change or revoke his election (provided the change does not increase the amount of the annuity elected) to reflect a change in the marital or dependency status of the member or his family that is caused by death, divorce, annulment, remarriage, or acc[uisition of a child, if such change or revocation of election is made within two years of such change in marital or dependency status." (3) The text of section 1434 is amended to read as follows: " (a) The annuity that a person is entitled to elect under section 1431 or 1432 of this title shall, in conformance with actuarial tables selected

August 13, 1968 [ H. R. 12323]

Armed Forces. Retired members, family protection plan. 75 Stat. 810. Infra.

70A Stat. 9 1. 10 USC 12011221-

72 Stat. 1126. 38 USC 401-423.

70A Stat. 109.

Maximum and minimum amounts; beneficiaries. 70A Stat. 109; 75 Stat. 8 1 1.

�


text:
Page:United States Statutes at Large Volume 82.djvu/794

 752

PUBLIC LAW 90-485-AUG. 13, 1968

75^sfat^*8ii"°'

Post,

p. 753.

70A Stat. 111.

Eligibility.

[82 STAT.

^y ^^® Board of Actuaries under section 1436(a) of this title, be the amount specified by the elector at the time of the election, but not more than 50 per centum nor less than 1 2 ^ per centum of his retired or retainer pay, in no case less than $25. H e may make the annuity payable— "(1) to, or on behalf of, the surviving spouse, ending when the spouse dies or remarries; "(2) in equal shares to, or on behalf of, the surviving children eligible for the annuity at the time each payment is due, ending when there is no surviving eligible child; or "(3) to, or on behalf of, the surviving spouse, and after the death or remarriage of that spouse, in equal shares to, or on behalf of, the surviving eligible children, ending when there is no surviving eligible child. "(b) A person may elect to provide both the annuity provided in clause (1) of subsection (a) and that provided in clause (2) of subsection (a), but the combined amount of the annuities may not be more than 50 per centum nor less than 121/2 P^r centum of his retired or retainer pay but in no case less than $25. ^'(c) An election of any annuity under clause (1) or (2) of subsection (a), or any combination of annuities under subsection (b), shall provide that no deduction may be made from the elector's retired or retainer pay after the last day of the month in which there is no beneficiary who would be eligible for the annuity if the elector died. For the purposes of the preceding sentence, a child (other than a child who is incapable of supporting himself because of a mental defect or physical incapacity existing before his eighteenth birthday) who is at least eighteen, but under twenty-three years of age, and who is not pursuing a course of study or training defined in section 1435, of this title, shall be considered an eligible beneficiary unless the Secretary concerned approves an application submitted by the member under section 1436(b)(4) of this title. An election of an annuity under clause (3) of subsection (a) shall provide that no deduction may be made from the elector's retired or retainer pay after the last day of the month in which there is no eligible spouse because of death or divorce. " (d) Under regulations prescribed under section 1444(a) of this title^ a person may, before or after the first day for which retired or retainer pay is granted, provide for allocating, during the period of the surviving spouse's eligibility, a part of the annuity under subsection (a)(3) for payment to those of his surviving children who are not children of that spouse." (4) Section 1435(2)(B) is amended to read as follows: " (B) under eighteen years of age, or incapable of supporting themselves because of a mental defect or physical incapacity existing before their eighteenth birthdaj", or at least eighteen, but under twenty-three, years of age and pursuing a full-time course of study or training in a high school, trade school, technical or vocational institute, junior college, college, university, or comparable recognized educational institution;". (5) Section 1435 is amended by adding the following flush sentences at the end: "For the purposes of clause (2)(B), a child is considered to be pursuing a full-time course of study or training during an interval between school years that does not exceed one hundred and fifty days if he has demonstrated to the satisfaction of the Secretary concerned that he has a bona fide intention of commencing, resuming, or continuing to pursue a full-time course of study or training in a recognized educational institution immediately after that interval."

�


text:
Page:United States Statutes at Large Volume 82.djvu/795

 82 STAT. ]

PUBLIC LAW 90-485-AUG. 13, 1%8

753

(6) Section 1436(b) is amended to read as follows: . Annuity reduc" (b) Under regulations prescribed under section 1444(a) of this from p'^ogram^'^ title, the Secretary concerned may, upon application by the retired ^s Stat. sii 70A Stat. 111. member, allow the member— "(1) to reduce the amount of the annuity specified by him under section 1434(a) and 1434(b) of this title but to not less Ante, p. 7 5 1. than the prescribed minimum; or "(2) to withdraw from participation in an annuity program under this title; or "(3) to elect the annuity provided under clause (1) of section 1434(a) of this title in place of the annuity provided mider clause (3) of such section, if on the first day for which retired or retainer pay is granted the member had in effect a valid election under clause (3) of such section, and he does not have a child beneficiary who would be eligible for the annuity provided under clause (3) of such section. For this purpose, a child (other than a child who is incapable of supporting himself because of a mental defect or physical incapacity existing before his eighteenth birthday) who is at least eighteen, but under twenty-three years of age shall not be considered an eligible beneficiary; or "(4) to elect that a child (other than a child who is incapable of supporting himself because of a mental defect or physical incapacity existing before his eighteenth birthday) who is at least eighteen, but under twenty-three years of age shall not be considered eligible for the annuity provided under clause (2) of section 1434(a) of this title, or for an annuity provided under section 1434(b) of this title, if on the first day for which retired or retainer pay is granted the member had in effect a valid election under clause (2) of section 1434(a) of this title, or under section 1434(b) of this title." A retired member may not reduce an annuity under clause (1) of this subsection, or withdraw under clause (2) of this subsection, earlier than the first day of the seventh calendar month beginning after he applies for reduction or withdrawal. A change of election under clause (3) of this subsection shall be effective on the first day of the month following the month in which application is made. An election under clause (4) of this subsection shall be effective on the first day of the month following the month in which application is made and, if on the effective date there is no surviving child who would be eligible for an annuity provided under clause (2) of section 1434(a), or under section 1434(b), of this title if the elector died, no deduction shall be made for such an annuity to, or on behalf of, a child from the elector's retired or retainer pay for that month or any subsequent month. No amounts by which a member's retired or retainer pay is reduced prior to the effective date of a reduction of annuity, withdrawal, change of election, or election under this subsection may be refunded to, or credited on behalf of, the member by virtue of an application made by him under this subsection. (7) Section 1437 is amended to read as follows: yoAstat. no "§ 1437. Payment of annuity " (a) Except as provided in subsection (b) each annuity payable under this chapter accrues as of the first day of the month in which the person upon whose pay the annuity is based dies. Payments shall be made in equal installments and not later than the fifteenth day of each month following that month. However, no annuity accrues for the month in which entitlement thereto ends. " (b) Each annuity payable to or on behalf of an eligible child (other than a child who is incapable of supporting himself because of a mental defect or physical incapacity existing before his eighteenth

�


text:
Page:United States Statutes at Large Volume 82.djvu/796

 754 Ante, p. 752.

Restriction. 75 Stat. 811. 70A Stat. 102; 80 Stat. 902. 80 Stat. 557.

Ante, p. 751. Ante, p. 752.

70A Stat. 10810 USC 14311446.

Ante, p. 753.

Effective dates.

PUBLIC LAW 90-485-AUG. 13, 1968

[82 STAT.

birthday) as defined in section 1435(2)(B) of this title who is at least eighteen years of age and pursuing a full-time course of study or training at a recognized educational institution, accrues— " (1) as of the first day of the month in which the member upon whose pay the annuity is based dies, if the eligible child's eighteenth birthday occurs in the same or a preceding month. "(2) as of the first day of the month in which the eighteenth birthday of an eligible child occurs, if the member upon whose pay the annuity is based died in a preceding month. "(3) as of the first day of the month in which a child first becomes or again becomes eligible, if that eligible child's eighteenth birthday and the death of the member upon whose pay the annuity is based both occurred in a preceding month or months. However, no such annuity is payable or accrues for any month prior to the effective date of this subsection." (8) Section 1446(a)(2) is amended by striking out "18" and inserting in lieu thereof "19". SEC. 2. Chapter 67 of title 10, United States Code, is amended by adding to section 1331 the following new subsection: "(e) Notwithstanding section 8301 of title 5, United States Code, the date of entitlement to retired pay under this section shall be the date on which the requirements of subsection (a) have been completed." SEC. 3. For members to whom section 1431 of title 10, United States Code, applies on the date of enactment of this Act, the provisions of section 1434(c) of that title, as amended by this Act, are effective immediately and automatically. SEC. 4. A retired member who elected an annuity under chapter 73 of title 10, United States Code, before the date of enactment of this Act, but did not make the election that was then provided by section 1434 (c) of that title, may, before the first day of the thirteenth calendar month beginning after the date of enactment of this Act, make that election. That election becomes effective on the first day of the month following the month in which the election is made. Under regulations prescribed under section 1444(a) of this title, on or before the effective date the retired member must pay the total additional amount that would otherwise have been deducted from his retired or retainer pay to reflect such an election, had it been effective when he retired, plus the interest which would have accrued on that additional amount up to the effective date, except that if an undue hardship or financial burden would otherwise result payment may be made in from two to twelve monthly installments when the monthly amounts involved are $25, or less, or in from two to thirty-Six monthly installments when the monthly amounts involved exceed $25. No amounts by which a member's retired or retainer pay was reduced may be refunded to, or credited on behalf of, the retired member by virtue of an application made by him under this section, A retired member described in the first sentence of this section, who does not make the election provided under this section, will not be allowed under section 1436(b) of title 10, to reduce an annuity or withdraw from participation in an animity program under that title. SEC. 5. Notwithstanding any other provision of this Act, elections in effect on the date of enactment will remain under the cost tables applicable on the date of retirement, and the annuities provided thereunder shall be payable to those eligible beneficiaries prescribed under the law in effect on the day prior to the date of enactment of this Act. SEC. 6. Clause (1) and clause (6) of section 1, and sections 2,3, and 4 of this Act are effective on the date of enactment. Remaining provisions of this Act are effective on the first day of the third calendar

�


text:
Page:United States Statutes at Large Volume 82.djvu/797

 82 STAT. ]

PUBLIC LAW 90-486-AUG. 13, 1968

month following the date of enactment. However, notwithstanding any other provision of this Act, any member to whom section 1431 of title 10, United States Code, applies on the date of enactment of this Act may, before the first day of the thirteenth calendar month beginning after the date of enactment of this Act, submit a written application to the Secretary concerned requesting that an election or a change or revocation of election made by such member prior to the date of enactment of this Act shall continue to be governed by the provisions of section 1431 (b) or (c) of title 10, United States Code, as in eflfect on the day before the date of enactment of this Act. Approved August 13, 1968.

755

Ante,

p. 751.

Public Law 90-486 AN ACT To clarify the s t a t u s of National Guard technicians, and for other purposes.

August 13, 1968 [_38^^j

Be it enacted by the SeTuite and House of RepreHentatlveH of the United States of America in Congress assembled, That this Act may T eN a tni ocniaaln sGuard ch i Act be cited as the "National Guard Technicians Act of 1968". 0^1968" SEC. 2. Title 32, United States Code, is amended as follows: (1) Section 709 is amended to read as follows: ^°^ ^'^*- ^^^ "§ 709. Technicians: employment, use, s t a t u s "(a.) Under regulations prescribed by the Secretary of the Army or the Secretary of the Air Force, as the case may be, and subject to subsection (b) of this section persons may be employed as technicians in— "(1) the administration and training of the National Guard; and '"(2) the maintenance and repair of supplies issued to the National Guard or the armed forces. ''(b) Except as prescribed by the Secretary concerned, a technician employed under subsection (a) shall, while so employed, be a member of the National Guard and hold the military grade specified by the Secretary concerned for that position. "(c) The Secretary concerned shall designate the adjutants general referred to in section 314 of this title, to employ and administer the 70A Stat. 604. technicians authorized by this section. " (d) A technician employed under subsection (a) is an employee of the I)epa,rtment of the Army or the Department of the Air Force, as the case may be, and an employee of the United States. However, a position authorized by this section is outside the competitive service if the technician employed therein is required under subsection (b) to be a member of the National Guard. "(e) Notwithstanding any other provision of law and under regulations prescribed by the Secretary concerned— "(1) a technician who is employed in a position in which National Guard membership is required as a condition of employment and who is separated from the National Guard or ceases to hold the military grade specified for his position by the Secretary concerned shall be promptly separated from his technician employment by the adjutant general of the jurisdiction concerned; "(2) a technician who is employed in a position in which National Guard membership is required as a condition of employment and who fails to meet the military security standards established by the Secretary concerned for a member of a reserve component of the armed force under his jurisdiction may be sepa-

�


text:
Page:United States Statutes at Large Volume 82.djvu/798

 756

80 Stat. 410528; 81 Stat. 196. 80 Stat. 486, 515; 81 Stat. 200, 641.

Compensatory time.

80 Stat. 485; 81 Stat. 200.

Numerical limitation.

74 Stat. 878.

Claims, provision.

PUBLIC LAW 90-486-AUG. 13, 1968

[82 STAT.

rated from his employment as a technician and concurrently discharged from the National Guard by the adjutant general of the jurisdiction concerned; " (3) a technician may, at any time, be separated from his technician employment for cause by the adjutant general of the jurisdiction concerned; " (4) a reduction in force, removal, or an adverse action involving discharge from technician employment, suspension, furlough without pay, or reduction in rank or compensation shall be accomplished by the adjutant general of the jurisdiction concerned; "(5) a right of appeal which may exist with respect to clause (1), (2), (3), or (4) shall not extend beyond the adjutant general of the jurisdiction concerned; and "(6) a technician shall be notified in writing of the termination of his employment as a technician and such notification shall be given at least thirty days prior to the termination date of such employment. "(f) Sections 2108, 3502, 7511, and 7512 of title 5, United States Code, do not apply to any person employed under this section. " (g)(1) Notwithstanding sections 5544(a) and 6102 of title 5, Lliited States Code, or any other provision of law, the Secretary concerned may, in the case of technicians assigned to perform operational duties at air defense sites— " (A) prescribe the hours of duties; " (B) fix the rates of basic compensation; and " (C) fix the rates of additional compensation; to reflect unusual tours of duty, irregular additional duty, and work on days that are ordinarily nonworkdays. Additional compensation under this subsection may be fixed on an annual basis and is determined as an appropriate percentage, not in excess of 12 percent, of such part of the rate of basic pay for the position as does not exceed the minimum rate of basic pay for GS-10 of the General Schedule under section 5332 of title 5, United States Code. "(2) Notwithstanding sections 5544(a) and 6102 of title 5, United States Code, or any other provision of law, the Secretary concerned may, for technicians other than those described in clause (1) of this subsection, prescribe the hours of duty for technicians. Notwithstanding sections 5542 and 5543 of title 5, United States Code, or any other provision of law, such technicians shall be granted an amount of comjjensatory time off from their scheduled tour of dut^ equal to the amount of any time spent by them in irregular or overtime work, and shall not be entitled to compensation for such work. " (h) In no event shall the number of technicians employed under this section at any one time exceed 42,500." (2) The analysis of chapter 7 is amended by striking out the following item: "709. Caretakers and clerks." and inserting in place thereof the following item: "709. Technicians: employment, use, status." (3) Section 715(a) is amended by striking out "caused by a person employed under section 709 of this title acting within the scope of his employment;". SEC. 3. (a) A claim accrued under section 715 of title 32, United States Code, before the effective date of this Act by reason of the act or omission of a person employed under section 709 of title 32, United States Code, may, if otherwise allowable, be settled and paid under section 715 of title 32, United States Code.

�


text:
Page:United States Statutes at Large Volume 82.djvu/799

 82

STAT.]

757

PUBLIC LAW 90-486-AUG. 13, 1968

(b) Except as provided in this Act and in the amendments made by this Act, and notwithstanding any law, rule, regulation, or decision to the contrary, the positions of persons employed under section 709 of title 32, United States Code, existing on the day before the effective date of this Act, and the persons holding those positions on that day, shall, on and after that effective date, be considered to be positions in and employees of the Department of the Army or the Department of the Air Force, as the case may be, and employees of the United States io the same extent as other positions in and employees of the Department of the Army or the Department of the Air Force. Such positions shall be outside the competitive service, if, as a condition of employment, the persons employed therein were, on the day before the effective date of this Act, required to be members of the Army National Gua,rd or the Air National Guard. (c) All service under section 709 of title 32, United States Code, or prior corresponding provision of law, performed before the effective date of this Act shall be included and credited in the determination of length of service for the purposes of leave, Federal employees death and disability compensation, group life and health insurance, severance pay, tenure, and status. This subsection shall apply only in the case of l>ersons who perform service under section 709 of title 32, United States Code, on or after the effective date of this Act. (d) Annual leave and sick leave to which a technician was entitled on the day before the conversion of his position, as provided in subsection (b) of this section, shall be credited to him in his new position. SEC. 4. Section 2105(a) of title 5, United States Code, is amended— (1) by striking out "or" at the end of clause (1)(D); (2) by adding "or" at the end of clause (1)(E); and (3) by adding the following new subclause (F) at the end of clause (1): " (F) the adjutants general designated by the Secretary concerned under section 709(c) of title 32, United States Code;". SEC. 5. (a) Section 8332(b) of title 5, United States Code, is amended— (1) by striking out "and" at the end of clause (4); (2) by striking out the period at the end of clause (5) and inserting in place thereof "; and"; and (3) by adding the following new clause: "(6) employment under section 709 of title 32, United States Code or any prior corresponding provision of law."; and (4) by adding at the end thereof the following: "Service referred to in paragraph (6) is allowable only in the case of persons performing service under section 709 of title 32, United States Code, on or after the effective date of the National Guard Technicians Act of 1968." (b) Section 8334(c) of title 5, United States Code, is amended by adding at the end thereof the following: "Notwithstanding the foregoing provisions of this subsection, the deposit with respect to a period of service referred to in section 8332(b)(6) which was performed prior to the effective date of the National Guard Technicians Act of 1968 shall be an amount equal to 55 per centum of a deposit computed in accordance with such jirovisions." (c) Section 8339 of title 5, United States Code, is amended by adding at the end thereof the following new subsection: " (1) In determining service for the purpose of computing an annuity under each paragraph of this section, 45 per centum of each year, or fraction tnereof, of service referred to in section 8332(b)(6) which was performed prior to the effective date of the National Guard Technicians Act of 1968 shall be disregarded."

Technicians, conversion to Federal employee status.

Past service, credit.

Leave credit.

80 Stat. 409.

Ante, p. 755. Civil service retirement. 80 Stat. 567.

80 Stat. 570.

80 Stat. 574.

�


text:
Page:United States Statutes at Large Volume 82.djvu/800

 PUBLIC LAW 90-486-AUG. 13, 1968

758

80 Stat. 564. 5 USC 83318348. State retirement system, election.

Reemployed technicians, election.

70A Stat. 159, 4 9 1.

Ante,

p. 755.

79 Stat. 396; !1 Stat. 8 3 6, 8 3 7.

80 Stat. 569. Ante,

p. 757.

[82 STAT.

(d) Clause (4) of subsection (a) of this section and subsections (b) and (c) of this section do not apply to any person employed prior to the effective date of this Act under section 709 of title 32, United States Code, whose employment under that section was covered by subchapter III of chapter 83 of title 5, United States Code. SEC. 6. (a) Notwithstanding section 709(d) of title 32, United States Code, a person who, on the date of enactment of this Act, is employed under section 709 of title 32, United States Code, and is covered by an employee retirement system of, or plan sponsored by, a State or the Commonwealth of Puerto Eico, may elect, not later than the effective date of this Act, not to be covered by subchapter III of chapter 83 of title 5, United States Code, and with the consent of the State concerned or Commonwealth of Puerto Rico, to remain covered by the employee retirement system of, or plan sponsored hj, that State or the Commonwealth of Puerto Rico. Unless such an election, together with a statement of approval by the State concerned or the Commonwealth of Puerto Rico, is filed with the Secretary of the Army or the Secretary of the Air Force, as appropriate, on or before the effective date of this Act, the person concerned is covered by subchapter III of chapter 83 of title 5, United States Code, as of that date. (b) A member of the National Guard of a State or the Commonwealth of Puerto Rico who was employed as a technician under section 709 of title 32, United States Code, or prior corresponding provision of law, who— (1) was involuntarily ordered to active duty after January 1, 1968, from that employment and has not been released from that duty prior to the effective date of this Act; or (2) is on active duty under section 265, 3015, 3033, 3496, 8033 or 8496 of title 10, United States Code, on the effective date of this Act; and was covered by a retirement system or plan of a State or the Commonwealth of Puerto Rico, may, if he is reemployed within sixty days under section 709 of title 32, United States Code, make the election described in subsection (a) of this section, within thirty days following the date of his reemployment. (c) In the case of any person who files a valid election under this section to remain covered by an employee retirement system of, or plan sponsored by, a State or the Commonwealth of Puerto Rico, the United States may pay the amount of the employer's contributions to that system or plan that become due for periods beginning on or after the effective date of this Act. However, the payment by the United States, including any contribution that may be made by the United States toward the employer's tax imposed by section 3111 of the Internal Revenue Code of 1954, as amended (26 U.S.C. 3111), may not exceed the amount which the employing agency would otherwise contribute on behalf of the person to the Civil Service Retirement and Disability Fund under section 8334(a) of title 5, United States Code. Notwithstanding section 8332(b) of title 5, United States Code, as amended by section 5 of this Act, the service under section 709 of title 32, United States Code, or prior corresponding provision of law, of a person who has made an election to remain covered by the einployee retirement system of, or plan sponsored by, a State or the Commonwealth of Puerto Rico, shall not be creditable toward eligibility for or amount of annuity under subchapter III of chapter 83 of title 5, United States Code. A person who retires pursuant to his valid election shall not be eligible for any rights, benefits, or privileges to which retired civilian employees of the United States may be entitled.

�


text:
Page:United States Statutes at Large Volume 82.djvu/801

 82 STAT. ]

PUBLIC LAW 90-486-AUG. 13, 1968

759

SEC. 7. The fourth sentence of section 218(b)(5) of the Social /"^^^^J/^"'"*^ Security Act, as amended (42 U.S.C. 418(b)(5)), is amended to read Trsrar.'5i4; as follows: "Persons employed under section 709 of title 32, United es Stat. 1059. States Code, who elected under section 6 of the National Guard Technicians Act of 1968 to remain covered by an employee retirement system of, or plan sponsored by, a State or the Commonwealth of Puerto Rico, shall, for the purposes of this Act, be employees of the State or the Commonwealth of Puerto Rico and (notwithstanding the preceding provisions of this paragraph), shall be deemed to be a separate coverage group.". SEC. 8. (a) Except as provided in section 709(g) of title 82, United compensation^ States Code, the Secretary concerned shall fix the rate of basic com- "Vnfe! pTse!"" pensation of positions existing on the date of enactment of this Act in accordance with the General Schedule set forth in section 5332, or under the appropriate prevailing rate schedule in accordance with section 5341 of title 5, United States Code, as applicable. I n fixing such „,^° ^'^'j^l,!^' .

81 Stat. 220^

rate—

_^ _ _ Post, p. 997. (1) If the technician is receiving a rate of basic compensation which is less than the minimum rate of the appropriate grade of the General Schedule, or which is less than the minimum rate of the appropriate grade or compensation level of the appropriate prevailing rate schedule, as applicable, in which his position is placed, his basic compensation shall be increased to that minimum rate. (2) If the technician is receiving a rate of basic compensation which is equal to a rate of the appropriate grade of the General Schedule, or which is equal to a rate of the appropriate grade or compensation level under the appropriate prevailing rate schedule, as applicable, in which his position is placed, he shall receive basic compensation at that rate of the General Schedule, or at that rate under the prevailing rate schedule, as applicable. (3) If the technician is receiving a rate of basic compensation which is between two rates of the appropriate grade of the General Schedule, or which is between two rates of the appropriate grade or compensation level under the appropriate prevailing rate schedule, as applicable, in which his position is placed, he shall receive basic compensation at the higher of those two rates under the General Schedule or appropriate prevailing rate schedule, as applicable. (4) If the technician is receiving a rate of basic compensation which is in excess of the maximum rate of the appropriate grade of the General Schedule, or which is in excess of the maximum rate of the appropriate grade or compensation level of the appropriate prevailing rate schedule, as applicable, in which his position is placed, he shall continue to receive basic compensation without change in rate until— (A) he leaves that position, or (B) he is entitled to receive basic compensation at a higher rate, but, when any such position becomes vacant, the rate of basic compensation of any subsequent appointee thereto shall be fixed in the manner provided by applicable law and regulation. (b) The conversion of positions and employees to appropriate grades of the General Schedule set forth in section 5332 of title 5, United States Code, and the initial adjustment of rat«s of basic compensation of those positions and technicians, provided for by this Act,

B-600 O - 69 - Rl

�


text:
Page:United States Statutes at Large Volume 82.djvu/802

 760 80 Stat. 4 7 1.

Army National Guard. 72 Stat. 1485, 1486.

Air National Guard. 72 Stat. 1537; 74 Stat. 279, 280.

Regulations.

Effective date.

PUBLIC LAW 90-486-AUG. 13, 1968

[82 STAT.

shall not be considered to be transfers or promotions within the meaning of section 5334(b) of title 5, United States Code, and the regulations issued thereunder. (c) Each technician on the effective date of this Act whose position is converted to the General Schedule set forth in section 5332 of title 5, United States Code, or to the appropriate prevailing rate schedule, as applicable, who prior to the initial adjustment of his rate of basic compensation under subsection (a) of this section, has earned, but has not been credited with, an increase in that rate, shall be granted credit for such increase before his rate of basic compensation is initially adjusted under that subsection. (d) Each technician on the effective date of this Act whose position is converted to the General Schedule set forth in section 5332 of title 5, United States Code, or to the appropriate prevailing rate schedule, as applicable, shall be granted credit, for purposes of his first step increase under the General Schedule or prevailing rat© schedule, for all satisfactory service performed by him since his last increase in comX)ensation prior to the initial adjustment of his rate of basic compensation under subsection (a) of this section. (e) An increase in rate of basic compensation by reason of the enactment of subsection (a) of this section shall not be considered to be an equivalent increase with respect to step increases for technicians whose positions are converted to the General Schedule set forth in section 5332 of title 5, United States Code, or the appropriate prevailing rate schedule under authority of this section. SEC. 9. Title 10, United States Code, is amended as follows: (1) Sections 3848(c) and 3851(c) are each amended to read as follows: "(c) Notwithstanding subsections (a) and (b) of this section, the Secretary of the Army may authorize the retention in an active status until age 60 of any officer of the Army National Guard of the United States who would otherwise be removed from an active status under this section and who— " (1) is assigned to a headquarters or headquarters detachment of a State or territory, the Commonwealth of Puerto Rico, the Canal Zone, or the District of Columbia; or "(2) is employed as a technician under section 709 of title 32, United States Code, in a position for which Army National Guard membership is prescribed by the Secretary." (2) Sections 8848 and 8851 are each amended by adding the following new subsection: "(c) Notwithstanding subsections (a) and (b) of this section, the Secretary of the Air Force may authorize the retention in an active status until age 60 of any officer of the Air National Guard of the United States who would otherwise be removed from an active status under this section and who is employed as a technician under section 709 of title 32, United States Code, in a position for which Air National Guard membership is prescribed by the Secretary." SEC. 10. Regulations prescribed by the Secretary of the Army and Secretary of the Air Force under this Act shall be approved by the Secretary of Defense and shall, so far as practicable, be uniform. SEC. 11. This Act becomes effective January 1, 1969, except that no deductions or withholding from salary which result therefrom shall conmience before the first day of the first pay period that begins on or after January 1, 1969. Approved August 13, 1968.

�


text:
Page:United States Statutes at Large Volume 82.djvu/803

 82. STAT, 1

PUBLIC LAW 9a-4a7-^AUG..15, 1968

761

Public Law 90-487 AN ACT To provide for United States standard s and a national inspection system for grain, and for other purposes.

August 15, 1968 [H-R- 15/94]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the United Gra"n*sfand^.rd^s States Grain Standards Act, consisting of part B of "An Act Making Act!" appropriations for the Department of Agriculture for the fiscal year ending June thirtieth, nineteen hundred and seventeen, and for other purposes", approved August 11, 1916 (39 Stat. 446, at 482), as amended (7 U.S.C. 71-87), is hereby amended to read as follows: a SHORT TITLE

1. This Act may be cited as the 'United States Grain Standards Act'. "SECTION
 * DECLARATION OF POLICY

"SEC. 2. Grain is an essential source of the world's total supply of Ijuman food and animal feed and is merchandised in interstate and foreign commerce. I t is declared to be the policy of the Congress, for the promotion and protection of such commerce in the interests of producers, merchandisers, warehousemen, processors, and consumers of grain, and the general welfare of the people of the United States, to provide for the establishment of official United States standards for grain, to promote the uniform application thereof by official inspection personnel, and to provide for an official inspection system for grain; with the objectives that grain may be marketed in an orderly manner and that trading in grain may be facilitated. "DEFINITIONS

"SEC. 3. When used in this Act, except where the context requires otherwise— " (a) the term 'Secretary' means the Secretary of Agriculture of the United States or his delegates; " (b) the term 'Department of Agriculture' means the United States Department of Agriculture; "(c) the term 'person' means any individual, partnership, corporation, association, or other business entity; " (d) the term 'United States' means the States (including Puerto Rico) and the territories and possessions of the United States (including the District of Columbia); "(e) the term 'State" means any one of the States (including Puerto Rico) or territories or possessions of the United States (including the District of Columbia); "(f) the term 'interstate or foreign commerce' means commerce from any State to or through any other State, or to or through any foreign country; " (g) the term 'grain' means corn, wheat, rye, oats, barley, flaxseed, grain sorghum, soybeans, mixed grain, and any other food grains, feed grains, and oilseeds for which standards are established under section 4 of this Act; " (h) the term 'export grain' means grain for shipment from the United States to any place outside thereof; " (i) the term 'official inspection' means the determination and the certification, by official inspection personnel, of the kind, class, quality, or condition of grain, under standards provided for in this Act; or, upon request of the interested person applying for

�


text:
Page:United States Statutes at Large Volume 82.djvu/804

 762

PUBLIC LAW 90-487-AUG. 15, 1968

[82 STAT.

inspection, the quantity of sacks of grain, or other facts relating to grain under other criteria approved by the Secretary under this Act (the term 'officially inspected' shall be construed accordingly); "(j) the term 'official inspection personnel' means employees of State or other governmental agencies or commercial agencies or other persons who are licensed to perform all or specified functions involved in official inspection under this Act; employees of the Department of Agriculture who are authorized to supervise official inspection and to conduct appeal inspection or initial inspection of United States grain in Canadian ports; " (k) the term 'official inspection mark' means any symbol prescribed by regulations of the Secretary to show the official determination of an official inspection; "(1) the term 'official grade designation' means a numerical or sample grade designation, specified in the standards provided for in this Act; " (m) the term 'official inspection agency' means the agency or person located at an inspection point designated by the Secretary for the conduct of official inspection under this Act; " (n) the terms 'official certificate' and 'official form' mean, respectively, a certificate or other form prescribed by regulations of the Secretary under this Act; "(o) the term 'official sample' means a sample obtained from a lot of grain by, and submitted for official inspection by, official inspection personnel (the teiTQ 'official sampling' shall be construed accordingly); " (p) the term 'submitted sample' means a sample submitted by or for an interested person for official inspection, other than an official sample; "(q) the term 'lot' means a specific quantity of grain identified as such; " (r) the term 'interested person' means any person having a contract or other financial interest in grain as the owner, seller, purchaser, warehouseman, or carrier, or otherwise; "(s) the verb 'ship' with respect to grain means transfer physical possession of the grain to another person for the purpose of transportation by any means of conveyance, or transport one's own grain by any means of conveyance; " (t) the terms 'false', 'incorrect', and 'misleading' mean, respectively, false, incorrect, and misleading in any particular; " (u) the term 'deceptive loading, handling, or sampling' means any manner of loading, handling, or sampling that deceives or tends to deceive official inspection personnel, as specified by regulations of the Secretary under this Act. ((STANDARDS "SEC. 4. (a) The Secretary is authorized to investigate the handling, grading, and transportation of grain and to fix and establish standards of kind, class, quality, and condition for corn, wheat, rye, oats, barley, flaxseed, grain sorghum, soybeans, mixed grain, and such other grains as in his judgment the usages of the trade may warrant and permit, and the Secretary is authorized to amend or revoke such standards whenever the necessities of the trade may require. ires°^°ubr"° ion "(^) Before establishing, amending, or revoking any standards ices, pu ication. ^j^^^^. ^j^jg ^^^^ ^.j^^ Secretary shall publish notice of the proposal and give interested persons opportunity to submit data, views, and arguments thereon and, upon request, an opportunity to present data, views, and arguments orally in an informal manner. No standards established or amendments or revocations of standards under this Act shall become

�


text:
Page:United States Statutes at Large Volume 82.djvu/805

 82 STAT. ]

PUBLIC LAW 90-487-AUG. 15, 1968

763

effective less than one calendar year after promulgation thereof, unless in the judgment of the Secretary, the public health, interest, or safety require that they become effective sooner. "OFFICIAL INSPECTION REQUIREMENTS FOR CERTAIN EXPORT GRAIN

"SEC. 5. Whenever standards are effective under section 4 of this Act for any grain, no person shall ship from the United States to any place outside thereof any lot of such grain that is sold, offered for sale, or consigned for sale by grade, unless such lot is officially inspected in accordance with such standards on the basis of official samples taken after final elevation as the grain is being loaded aboard, or while it is in, the final carrier in which it is to be transported from the United States, and unless a valid official certificate showing the official grade designation of the lot of grain is promptly furnished by the shipper, or his agent, to the consignee w4th the bill of lading or other shipping documents covering the shipment: Provided, however, That the Secretary may waive any requirement of this section with respect to shipments from or to any area or any other class of shipments when in his judgment it is impracticable to provide official inspection with respect to such shipments. "REQUIRED USE OF OFFICIAL GRADE DESIGNATIONS AND PROHIBITION OF CERTAIN ACTS WITH RESPECT TO CERTAIN GRAIN

"SEC. 6. (a) Whenever standards are effective under section 4 of this Act for any grain no person shall in any sale, offer for.sale, or consignment for sale, which involves the shipment of such grain in interstate or foreign commerce, describe such grain as being of any grade in any advertising, price quotation, other negotiation of sale, contract of sale, invoice, bill of lading, other document, or description on bags or other containers of the grain, other than by an official grade designation, with or without additional information as to specified factors: Provided, That the description of such grain by any proprietary brand name or trademark that does not resemble an official grade designation, or with respect to interstate commerce, by the use of one or more grade factor designations set forth in the official United States standards for grain, or by other factor information shall not be deemed to be a description of grain as being of any grade. "(b) No person shall, in any sale, offer for sale, or consignment for sale, of any grain which involves the shipment of such grain from the United States to any place outside thereof, knowingljy describe such grain by any official grade designation, or other description, which is false or misleading. "OFFICIAL INSPECTION AUTHORITY AND FUNDING

"SEC. 7. (a) The Secretary is authorized to cause official inspection under the standards provided for in section 4 of this Act to be made of all grain required to be officially inspected as provided in section 5 of this Act, in accordance with such regulations as he may prescribe. "(b) The Secretary is further authorized, upon request of any interested person, and under such regulations as he may prescribe, to cause official inspection to be made with respect to any grain whether by official sample, submitted sample, or otherw^ise within the United States or with respect to United States grain in Canadian ports under standards provided for in section 4 of this Act, or, upon request of the interested person, under other criteria approved by the Secretary for determining the kind, class, quality, or condition of grain, or quantity of sacks of grain, or other facts relating to grain, whenever in his

waiver authority.

�