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 91 STAT. 186

30 USC 1122.

Classification.

42 USC 5914 note.

Reporting requirement.

Exemption.

Small grant program, establishment. 42 USC 5907a.

Limitation.

PUBLIC LAW 95-39—JUNE 3, 1977 suant to this Act for nonnuclear energy programs and subprograms, reflecting the relationships, consistencies, and dissimilarities between those allocations and (a) the comprehensive program definition transmitted pursuant to section 102 of the Geothermal Energy Kesearch, Development, and Demonstration Act, (b) the comprehensive program definition transmitted pursuant to section 15 of the Solar Energy Kesearch, Development, and Demonstration Act of 1974 (42 U.S.C. 5564), (c) the comprehensive plan for nonnuclear energy research, development, and demonstration transmitted pursuant to section 6 of the Federal Nonnuclear Energy Research and Development Act of 1974 (42 U.S.C. 5905). SEC. 110. Section 13 of the Federal Nonnuclear Energy Research and Development Act of 1974 (42 U.S.C. 5912) is amended by— (1) striking, in the first sentence of subsection (a), the words "At the request of the Administrator, the" and inserting therein "The"; (2) striking, in the first sentence of subsection (b), the words "prepare or have prepared an assessment of the availability of adequate water resources." and inserting therein the following: "request the Water Resources Council to prepare an assessment of water requirements and availability for such project."; and (3) adding at the end thereof a new subsection to read as follows: "(f) The Administrator shall, upon enactment of this subsection, be a member of the Council.". SEC. 111. (a) The Administrator shall classify each recipient of any award, contract, or other financial arrangement in any nonnuclear research, development, or demonstration category as— (1) a Federal agency, (2) a non-Federal governmental entity, (3) a profitmaking enterprise (indicating whether or not it is a small business concern), (4) a nonprofit enterprise other than an educational institution, or (5) a nonprofit educational institution. (b) The information required by subsection (a), along with the dollar amount of each award, contract, or other financial arrangement made, shall be included as an appendix to the annual report required by section 15(a) of the Federal Nonnuclear Energy Research and Development Act of 1974 (42 U.S.C. 5914): Provided, That small purchases or contracts of less than $10,000, which are excepted from the requirements of advertising by section 252(c)(3) of title 41, United States Code, shall be exempt from the reporting requirements of this section. SEC. 112. (a) There shall be established within the Administration a program for appropriate technology under the direction of the Assistant Administrator for Conservation Research and Development. The Administator shall develop and implement a program of small grants for the purpose of encouraging development and demonstration projects described in subsection (c) of this section. (b) The aggregate amount of financial support made available to any participant in such program, including affiliates, under this section shall not exceed $50,000 during any two-year period. (c) Funds made available under this section shall be used to provide for a coordinated and expanded effort for the development and demonstration of, and the dissemination of information with respect to, energy-related systems and supporting technologies appropriate to—

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consequence of the unexampled depression which has now for so long a time paralysed the colony of New South Wales, in common with the other Australian settlements, and the melancholy truth that few occupations can now be profitably carried on there; many persons in England have arrived at the conclusion that the state of Australia is quite hopeless.

Having made a visit to my native country, after a residence of five years in New South Wales, during which time I had been engaged, either in surveying for the Government a district beyond the limits of location, in the north-eastern part of the territory, or in farming pursuits, I found that many of my friends, who took an interest in the colony, were very desirous of knowing whether there was any truth in the statement, that the natural resources of that part of Australia, were not of a nature to admit of the colonists advantageously competing with other countries, in any one article of production.

As this notion seemed to be very prevalent among those who have suffered from their connection with New South Wales, I have been induced to write the following pages during my limited stay in England, in the hope that they might not prove altogether

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


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Page:United States Statutes at Large Volume 91.djvu/221

 PUBLIC LAW 95-39—JUNE 3, 1977 (1) the needs of local communities and the enhancement of community self-reliance through the use of available resources; (2) the use of renewable resources and the conservation of nonrenewable resources; (3) the use of existing technologies applied to novel situations and uses; (4) applications which are energy-conserving, environmentally sound, small scale, durable and low cost; and (5) applications which demonstrate simplicity of installation, operation and maintenance. (d)(1) Grants, agreements or contracts under this section may be made to individuals, local nonprofit organizations and institutions, State and local agencies, Indian tribes and small businesses. The Administration shall develop simplified procedures with respect to application for support under this section. (2) Each grant, agreement or contract under this section shall be governed by the provisions of section 9 of the Federal Nonnuclear Energy Research and Development Act of 1974 and shall contain effective provisions under which the Administration shall receive a full written report of activities supported in whole or in part by funds made available by the Administration; and (3) In determining the allocation of funds among applicants for support under this section the Administrator may take into consideration: (A) the potential for energy savings or energy production; (B) the type of fuel saved or produced; (C) the potential impact on local or regional energy or environmental problems; and (D) such other criteria as the Administrator finds necessary to achieve the purposes of this Act or the purposes of the Federal Nonnuclear Energy Research and Development Act of 1974. Guidelines implementing this section shall be promulgated with full opportunity for public comment. (e) The Administrator shall— (1) prepare and submit no later than October 1, 1977, a detailed report on plans for implementation, including the timing of implementation, of the provisions of this section to the Committee on Energy and Natural Resources of the Senate and the Committee on Science and Technology of the House of Representatives and shall keep such committees fully and currently informed conA ceming the development of such plans; and (2) include as a part of the annual report required by section 15(a)(1) of the Federal Nonnuclear Energy Research and Development Act of 1974 beginning in 1977, a full and complete report on the program under this section. SEC. 113. The Administrator, in consultation with the Administrator of the Environmental Protection Agency, shall submit a report to the Congress, six months after enactment of this Act, on the environmental monitoring, assessment, and control efforts, relating to environment, safety, and health, which are required to successfully demonstrate any project, which is subject to sections 8(e) and (f) of the Federal Nonnuclear Energy Research and Development Act of 1974 (42 U.S.C. 5907 (e) and (f)), and is authorized by this Act or any prior Act. The report shall contain the extent to which monitoring and control is required, the estimated costs thereof.

91 STAT. 187

Procedures.

Report. 42 USC 5908.

Criteria.

42 USC 5901 note. Guidelines, public comment. Report to congressional committees.

42 USC 5914. Report to Congress. 42 USC 5907 note.

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Page:United States Statutes at Large Volume 91.djvu/222

 91 STAT. 188

PUBLIC LAW 95-39—JUNE 3, 1977

TITLE II—FOR NONNUCLEAR ENVIRONMENTAL RESEARCH AND SAFETY, BASIC ENERGY SCIENCES, PROGRAM SUPPORT, AND RELATED PROGRAMS OPERATING EXPENSES

SEC. 201. For "Operating expenses", for the following programs, a sum of dollars equal to the total of the following amounts: (1) Biomedical and environmental research, $119,500,000, of which $1,000,000 shall be made available to the Water Resources Council to carry out the provisions of section 13 of the Federal ^^uf...^^^ Nonnuclear Energy Research and Development Act of 1974 (42 U.S.C. 5912). (2) Operational safety, $4,500,000. ,,..,,}! (3) Environmental control technology, $13,100,000. (4) Basic energy sciences for the following: ,-;jt, V J. i (A) Material sciences, $45,600,000. (B) Molecular, mathematical, and geosciences, $46,700,000. (5) Program support, $205,635,000: Pro-ywfec?, That $1,250,000 is auhorized to be appropriated pursuant to this subparagraph .4 •? M,i> (5) to reimburse the National Bureau of Standards for costs incurred in carrying out the provisions of section 14 of the Federal Nonnuclear Energy Research and Development Act of 1974 . (42 U.S.C. 5913). (6) To carry out the provisions of section 11 of the Federal . Nonnuclear Energy Research and Development Act of 1974 (42 U.S.C. 5910), $500,000 for the Council on Environmental Quality. PLANT AND CAPITAL EQUIPMENT

SEC. 202. For "Plant and capital equipment", including construction, acquisition, or modification of facilities, including land acquisi?, tion; and acquisition and fabrication of capital equipment not related to construction, a sum of dollars equal to the total of the following i< amounts: (1) Biomedical and Environmental Research: Project 77-6-a, modification and additions to biomedical and environmental research facilities, various locations, $4,200,000. (2) Program Support: Project 77-16-a, laboratory support complex, Los Alamos Scientific Laboratory, New Mexico, $6,000,000. (3) Capital Equipment, not related to construction: .;,-,, ';: (A^ Biomedical and environmental research, $6,660,000. (B) Environmental control technology, $282,000. ,,,."..s? (C) Basic energy sciences for the following: ' (i) Material sciences, $3,900,000. ' (ii) Molecular, mathematical, and geosciences, $3,000,000. (D) Program Support, $4,725,000. LIMITATIONS

SEC. 203. The Administration is authorized to start any project set forth in title II, subsection 202(1) and (2) only if the currently estimated cost of that project does not exceed by more than 25 per centum the estimated cost set forth for that project.

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Page:United States Statutes at Large Volume 91.djvu/223

 PUBLIC LAW 95-39—JUNE 3, 1977 TITLE III—GENERAL

91 STAT. 189

PROVISIONS

SEC. 301. Subject to the applicable requirements and limitations of this Act, when so specified in appropriations Acts amounts appropriated for the Administration pursuant to this Act for " Operating expenses" or for " P l a n t and capital equipment" may be merged with any other amounts appropriated for like purposes pursuant to any other Act authorizing appropriations for the Administration. SEC. 302. W h e n so specified in appropriation Acts, amounts appropriated pursuant to this Act for " Operating expenses" or for " P l a n t and capital equipment" may remain available until expended. SEC. 303. (a) Any Government-owned contractor operated laboratory, energy research center, or other laboratory performing functions under contract to the Administration may, with the approval of the Administrator, use a reasonable amount of its operating budget for the funding of employee-suggested research projects u p to the pilot stage of development. I t shall be a condition of any such approval that the director of the laboratory or center involved form an internal review mechanism for determining which employee-suggested projects merit funding in a given fiscal year; and any such project may be funded in one or more succeeding years if the review process indicates that it merits such funding. (b) E a c h director of a laboratory or center specified in subsection (a) of this section shall submit an annual report to the Administrator on projects being funded under this section; and on completion of each such project shall submit a report to the Technical Information Center of the Administration for inclusion in its data base. SEC. 304. The Administrator is authorized to perform construction design services for any Administration construction project whenever the Administrator determines that the project is of such urgency that construction of the project should be initiated promptly upon enactment of legislation a p p r o p r i a t i n g funds for its construction in order to meet the needs of national defense or protection of life and property or health and safety. SEC. 305. Any moneys received by the Administration may be retained and used, as provided in annual appropriations Acts for operating expenses (except sums received from disposal of property under the Atomic Energy Community Act of 1955 and the Strategic and Critical Materials Stockpiling Act, as amended, and fees received for tests or investigations under the Act of May 16, 1910, as amended (42 U.S.C. 2301; 50 U.S.C. 98h; 30 U.S.C. 7)), notwithstanding the provisions of section 3617 of the Revised Statutes (31 U.S.C. 484), and may remain available until expended. Funds may be obligated for purposes stated in this section only to the extent provided in appropriations Acts. SEC. 306. Transfers of sums from the " Operating expenses" appropriation may be made to other agencies of the Government for the performance of the work for which the appropriation is made, and in such cases the sums so transferred may be merged with the appropriation to which transferred. SEC. 307. Notwithstanding any other provision of this Act, provisions of sections 304, 305, and 306 of this Act shall not be applicable to any fossil energy activity, program, or subprogram. SEC. 308. (a) E a c h officer or employee of the Energy Research and Development Administration who— (1) performs any functions or duty under this Act or any other Act amended by this Act; and

Employeesuggested research projects. 42 USC 5817a.

Reports.

Construction
 * n services.

42 USC 2301 note. 50 USC 98 note.

Funds, transfer.

ERDA employees, annual financial statements, filing with Administrator. 42 USC 5816a.

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Page:United States Statutes at Large Volume 91.djvu/224

 91 STAT. 190

PUBLIC LAW 95-39—JUNE 3, 1977

(2) has any known financial interest— (A) in any person engaged in the business, other than at the retail level, of developing, producing, refining, transporting by pipeline, or converting into synthetic fuel, minerals, wastes, or renewable resources, o" in the generation of energy from such minerals, wastes, or renewable resources, or in conducting research, development, and demonstration with financial assistance under this Act or any other Act amended by this Act, or (B) in property from which minerals are commercially produced, shall, beginning on February 1, 1977, annually file with the Administrator a written statement concerning all such interests held by such officer or employee during the preceding calendar Availability. year. Such statements shall be available to the public, (b) The Administrator shall— (1) act within ninety days after the date of enactment of this section— (A) to define the term "known financial interest" for purposes of paragraph (2) of subsection (a) of this section; and (B) to establish the methods by which the requirement to file written statements specified in subsection (a) of this ^t'-.y^' section will be monitored and enforced, including appropriate provisions for the filing by such officers and employees of such statements and the review by the Administrator of such statements; and Report to (2) report to the Congress on June 1 of each calendar year Congress. with respect to such disclosures and the actions taken in regard thereto during the preceding calendar year. Exemption. (c) In the rules prescribed in subsection (b) of this section, the Administrator may identify specific positions within the Administration which are of a nonpolicymaking nature and provide that officers or employees occupying such positions shall be exempt from the requirements of this section. Penalty. (d) Any officer or employee who is subject to, and knowingly violates, this section or any regulation issued thereunder, shall be fined not more than $2,500 or imprisoned not more than one year, or both. SEC, 309. In utilizing the funds which have been made available by 90 Stat. 889. Public Law 94—355, as amended, the Administrator is hereby directed to observe the limitations of clauses (1) through (8) and clauses (12) through (14) of section 202, sections 203 through 207, and section 208 except subsection (e)(5) of the bill H.R. 13350 (Ninety-fourth Congress) as set forth in the conference report thereon (House Report 94^1718). -:

J ^e:f

42 USC 5918.

,...

TITLE IV—ORGANIZATIONAL CONFLICTS SEC. 401. The Federal Nonnuclear Energy Research and Development Act of 1974 (42 U.S.C. 4901) is amended by adding a new section to read as follows: "SEC. 19. (a) The Administrator shall by regulation require any person proposing to enter into a contract, agreement, or other arrangement, with the Energy Research and Development Administration whether by advertising or negotiation, or for technical consulting and management support services or other such similar services to provide the Administrator, prior to entering into any such contract, agreement, or arrangement, with all relevant information bearing on

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Page:United States Statutes at Large Volume 91.djvu/225

 PUBLIC LAW 95-39—JUNE 3, 1977 whether that person has a possible conflict of interest with respect to (1) being able to render impartial, technically sound, or objective assistance or advice in light of other interests or relationships with other persons or (2) being given an unfair competitive advantage. Such person shall insure, in accordance with regulations published by the Administrator, compliance with this section by subcontractors of such person who are engaged to perform similar services. "(b) The Administrator shall not enter into any such contract, agreement, or arrangement unless he affirmatively finds after evaluating all such information and any other relevant information otherwise available to him, either that (1) there is little or no likelihood that a conflict of interest would exist, or (2) that such conflict has been avoided after appropriate conditions have been included in such contract, agreement, or arrangement: Provided, That if he determines that such conflict of interest exists and that such conflict of interest cannot be avoided by including appropriate conditions therein, the Administrator may enter into such contract, agreement, or arrangement, if he determines that it is in the best interests of the United States to do so and includes appropriate conditions in such contract, agreement, or arrangement to mitigate such conflict. " (c) The Administrator shall publish rules for the implementation of this section, in accordance with section 553 of title 5, United States Code, as soon as possible after the date of enactment of this section but in no event later than 180 days after such date.". TITLE V—EXERGY EXTENSION SERVICE SHORT TITLE

91 STAT. 191

Rules.

National Energy Extension Service Act.

SEC. 501. This title may be cited as the "National Energy Extension 42 USC 7001 Service Act". note. FIJiTDINGS AND PURPOSES

SEC. 502. (a) The Congress hereby declares— (1) that the general welfare and the common defense and security require a greater public knowledge of energy conservation opportunities: (2) that scientific identification and practical demonstration of specifically designed energy conservation opportunities, the dissemination of information relating thereto, and the prompt delivery and acceptance of specific energy conservation opportunities require a national effort; (3) that the national effort required to develop, demonstrate, and encourage acceptance and adoption of energy conservation opportunities should be coordinated at the Federal level by the Energy Research and Development Administration; (4) that a special effort must be made to develop and demonstrate practical alternative energy technologies such as solar heating and cooling; (5) that successful implementation of energy conservation and new energy technologies will require both public awareness and individual capability to use the conservation opportunities and new technology; (6) that this required awareness and capability can only be achieved on a national basis by an active outreach effort; (7) that existing energy outreach programs are underfunded; (8) that any Federal outreach program should be organized

29-194 0 -

42 USC 7001.

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Page:United States Statutes at Large Volume 91.djvu/226

 91 STAT. 192

PUBLIC LAW 95-39—JUNE 3, 1977 with the States as full participants, and each State should plan and coordinate the outreach activities within the State, optimizing the use of existing outreach capabilities; (9) that Federal assistance should be provided for energy outreach activity, including coordinated energy outreach activities and technical support in each State for such efforts; (10) that the Energy Research and Development Administration should provide overall national direction and review of federally assisted State energy outreach programs. (b) The Congress declares that the purposes of this title are— (1) to establish a positive energy outreach program directed toward small business and individual energy consumers and the organizations that influence energy consumption; (2) to stimulate, provide for and supplement programs for the conduct of evaluation, planning and other technical support of energy conservation efforts, including energy outreach activities of States. '

Energy Extension Service.

42 USC 7002. Director.

Compensation.

Duties.

ESTABLISHMENT OF EXTENSION SERVICE

'

SEC. 503. (a) There is established in the Energy Research and Development Administration an office to be designated as the Energy Extension Service (hereinafter in this Act referred to as the "Service"). The Service shall be headed by a Director who shall be appointed by and directly responsible to the Administrator of the Energy Research and Development Administration (hereinafter referred to as the "Administrator"). The Director shall be a person who by reason of training, experience, and attainments is exceptionally qualified to implement the programs of the Service. There shall be in the Service a Deputy Director who shall be appointed by the Administrator, who shall have such functions, powers, and duties as may be prescribed from time to time by the Director, and who shall act for, and exercise the powers of, the Director during the absence or disability of, or in the event of a vacancy in the office of, the Director. (b) The Director shall receive basic pay at the rate provided for level IV of the Executive Schedule in section 5315 of title 5, United States Code. (c) The Director shall have overall responsibility for the national direction of the comprehensive program developed under section 504 and of all other activities conducted under this title and shall annually review the programs of the various States under sections 505 and 506 to insure that they are effectively promoting the realization of the objectives of this title. DESCRIPTION OF EXTENSION SERVICE

Program development.

42 USC 7003.

SEC. 504. (a) The Service shall develop and implement a comprehensive program for the identification, development, and practical demonstration of energy conserving opportunities, techniques, materials, and equipment, including opportunities, techniques, or methods responsive to local needs or resources, and alternative energy technologies such as solar heating and cooling, for— (1) agricultural, commercial, and small business operations, and (2) new and existing residential, commercial, and agricultural buildings or structures.

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Page:United States Statutes at Large Volume 91.djvu/227

 PUBLIC LAW 95-39—JUNE 3, 1977 Such program shall provide for technical assistance, instruction, information, dissemination, and practical demonstrations in energy conservation opportunities, and shall provide an active interface with end use energy consumers at the local level for the purpose of offering active outreach assistance and affording a communication channel for end user technology requirements. Such outreach assistance shall be provided by means of such appropriate local offices, including metropolitan city offices, county agents, and technical staff assistants, and inay be required to provide energy extension services. (b) The program authorized under subsection (a) of this section shall permit each State to establish a technical support institute at one or more colleges or universities designated by the Governor of that State. Each such institute shall— (1) have as its purpose to assist in implementation of the State (2) provide such analyses and technical support as is necessary for effective State energy extension service activities. (c) The comprehensive program developed under subsection (a) shall be implemented and carried out within each State pursuant to sections 505 and 506. (d) The Director shall take such steps as may be necessary to insure that the comprehensive program is implemented in a manner which minimizes conflict with existing services in the private sector of the economy that are similar to those provided under such program.
 * energy extension service; and

91 STAT. 193

Technical support institutes, establishment.

INITIAL IMPLEMENTATION OF EXTENSION SERVICE

SEC. 505. (a) The Director shall within forty-five days after the State plans, effective date of this title invite the Governor of each State through submittal to competitive procurement to submit a plan for the conduct of energy Director. extension service activities as described in section 504 of this title 42 USC 7004. throughout such State including provisions for appropriate technical support within such State of such activities, to disseminate information and provide advice and assistance to individuals, groups, and units of State and local government by means of— (1) specific studies and recommendations applicable to individual residences, businesses, and agricultural or commercial establishments; (2) demonstration projects; (3) distribution of studies and instructional materials; (4) seminars and other training sessions for State and local government officials and the public; and (5) other public outreach programs. (b) Each State shall be accorded not more than ninety days to submit a plan to the Director under subsection (a) of this section. The Director shall promptly review such proposals and shall, with Funds the approval of the Administrator, and subject to the limitations of section 512(c)(1) and (2), provide funds adequate for the support of the proposed energy outreach plan of a State if the Director finds that, such plan— (1) meets the obj ectives of this title; (2) was prepared with opportunity for input from State, county, and local officials. State universities, colleges and comV munity colleges, cooperative extension services, community service action agencies, and other public or private organizations involved in active energy outreach programs;

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Page:United States Statutes at Large Volume 91.djvu/228

 9 1 STAT. 194

PUBLIC LAW 9 5 - 3 9 — J U N E 3, 1977

(3) consistent with the objectives and requirements of this title, makes optimum use of existing outreach or delivery mechanisms or programs, and includes to the optimum extent any existing State, local, university, college, or other organizations' program s for energy information, education, or technology transfer which have objectives similar to those of this title and activities similar or related to those specified in section 504 and subsection •« (a) of this section; (4) provides that the State will maintain, or require other mty.. 1 ifc participating entities within the State to maintain, and make available upon request to the Director, such records with respect to the use and expenditure of any Federal funds paid to the State, or to entities within the State, under this title as the Director may ' * require; (5) provides for the establishment of effective procedures for responding to external inputs and inquiries; (6) requires that, to the extent possible, within personnel and i^ funding limitations, on-site energy evaluations will be made other business concerns within such limitations (as to size or otherwise) as the Director may specify; (7) provides that the State will furnish and widely disseminate ' information on the types of assistance available under this title, and under other Federal and State laws, with respect to the planing, financing, installation, and effective monitoring of energyrelated facilities and activities; (8) provides that the allocation within the State of the funds made available to it under this title will be based on, or give due consideration to, such factors (specifically including potential .#•:>*- ;i ';'|. energy savings and number of persons affected) as the Director determines will best carry out the purpose of this title; (9) requires the establishment and implementation of policies and procedures designed to assure that assistance provided under ' ' this title does not replace or supplant the expenditure of other Federal or State or local funds for the same purposes, but r a the r supplements such funds and increases the expenditure of such State or local funds to the maximum extent possible: Provided, That there shall be no requirement for matching State or local funds in the guidelines, unless such requirement is included in an J annual authorization; !«;> ^-j^Q^ requires effective coordination of the program s under such State plans with other Federal programs which provide funds for university extension programs, in order to avoid duplication; ^' (11) requires the establishment and implementation of effective procedures specifically designed for the dissemination of inford-ah'^t mation to small business concerns; (12) limits to a maximum of 20 per centum the portion of the funds made available under this title which may be used for the purchase of equipment, facilities, and library and related materials; (13) prohibits the use of any such funds for the purchase of land or interests therein or the repair of buildings or structures; and (14) satisfies such other criteria as the Director may establish to carry out the purpose of this title.
 * '•' available to all consumers and small business concerns, and to
 * r

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Page:United States Statutes at Large Volume 91.djvu/229

 91 STAT. 195

PUBLIC LAW 95-39—JUNE 3, 1977 IMPLEMENTATION

OF NATIONAL EXTENSION

SERVICE

SEC. 506. (a) Notwithstanding the provisions of section 505, the Non-participating Director, on behalf of the Administrator, is authorized and directed States, invitation to invite in each State of the United States not then participating in to submit plans. the program at the earliest practicable date, but no later than Octo- 42 USC 7005. ber Ij 1978, to submit a plan for the conduct of energy extension service activities, including provisions for appropriate technical support in such State, to disseminate information and provide advice and assistance to individuals, groups, and units of State and local government by means of— (1) specific studies and recommendations applicable to individual residences, businesses, and agricultural or commercial establishments; (2) demonstration projects; (3) distribution of studies and instructional materials; (4) seminars and other training sessions for State and local government officials and the public; and (5) other public outreach programs. (b) Pursuant to authority described in subsection (a) of this section, Guidelines. the Director, with the approval of the Administrator, shall issue guidelines for the preparation and submission of State plans under subsection (c). Such guidelines shall be designated to assure that the plans so submitted will be consistent with this title and will effectively contribute to the achievement of its objectives, and shall allow maximum flexibility and the exercise of maximum discretion by the States. In the preparation of such guidelines, the Administrator shall pro- Public review and vide a reasonable opportunity for inputs by representatives of the comment. several States and for a reasonable period for public review and comment. In any event, such guidelines— (1) shall require the establishment and implementation of policies and procedures designed to assure that assistance provided under this title does not replace or supplant the expenditure of other Federal or State or local funds for the same purposes, but rather supplements such funds and increases the expenditure of such State or local funds to the maximum extent possible; (2) shall require effective coordination of the programs under such State plans with other Federal programs which provide funds for university extension programs, in order to avoid duplication; (3) shall require the establishment and implementation of effective procedures specifically designed for the dissemination of information to small business concerns; (4) shall limit to a maximum of 20 per centum the portion of the funds made available under this title which may be used for the purchase of'equipment, facilities, and library and related materials; and (5) shall prohibit the use of any such funds for the purchase of land or interests therein or the repair of buildings or structures. (c) On the effective date of the guidelines described in subsection Non-participating (b) of this section, the Director shall invite the Governor of each States, invitation State not then participating in the program to submit a plan for the to Governors to conduct of energy extension service activities throughout such State. submit plans.

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Page:United States Statutes at Large Volume 91.djvu/230

 91 STAT. 196 State plan, approval.

PUBLIC LAW 95-39—JUNE 3, 1977

(d) Each State plan submitted under subsection (c) shall be approved by the Director if the Director finds that such plan— (1) meets the objectives of this title; (2) was prepared with opportunity for input from State, ^=..;;:,4 county, and local officials, State universities and community colleges, cooperative extension services, community service action agencies, and other public or private organizations involved in active energy outreach programs; (3) consistent with the objectives and requirements of this title, ' makes optimum use of existing active outreach or delivery mechanisms or programs, and includes to the optimum extent any exist, ing State, local, university, or other organizations' programs for '" energy information, education, or technology transfer which have objectives similar to those of this title and activities similar or related to those specified in section 504 and subsection (a) of this, section; "' (4) provides that the State will maintain, or require other participating entities within the State to maintain, and make available upon request to the Director, such records with respect to the use and expenditure of any Federal funds paid to the State, or to entities within the State, under this title as the Director may require; (5) provides for the establishment of effective procedures for responding to external inputs and inquiries; (6) requires that, to the extent possible, within personnel and s.,, ^ funding limitations, on-site energy evaluations will be made available to all consumers and small business concerns, and to other business concerns within such limitations (as to size or otherwise) as the Director may specify; n C^) provides that the State will furnish and widely disseminate and under other Federal and State laws, with respect to the planning, financing, installation, and effective monitoring of energyrelated facilities and activities; (8) provides that the allocation within the State of the funds .; made available to it under this title will be based on, or give due consideration to, such factors (specifically including potential energy savings and number of persons affected) as the Director determines will best carry out the purpose of this title; and (9) satisfies such other criteria as the Director may establish to carry out the purpose of this title. (e) If the Director finds that a State plan submitted under subsection (c) does not satisfy the requirements of subsection (d), he shall provide a reasonable opportunity for the State to present arguments in support of such plan and to revise the plan within a reasonable period of time to satisfy such requirements. Plan, (f)(1) If 8- State does not submit a plan under subsection (a) or its development by plan as S submitted (with any revisions made under subsection (e)) O Director. jg J^Q^. acceptable, the Director (after giving notice and an opportunity for comment to the Governor of such State) shall develop consistent with other subsections of this section an energy extension service plan for the State involved, which conforms to the requirements of subsec-
 * information on the types of assistance available under this title,

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Page:United States Statutes at Large Volume 91.djvu/231

 PUBLIC LAW 95-39—JUNE 3, 1977

91 STAT. 197

tion (d). In conducting energy extension service activities under any Agriculture plan developed under this subsection, the Director is authorized to Extension enter into agreements for the utilization of existing Agriculture Exten- Service, utilization sion Service offices and personnel, or such other offices and personnel agreements. as may be appropriate, and to provide funds for such operations; and in carrying out the functions of such offices the Director shall make maximum use of any existing delivery mechanisms for the State or local region concerned which are appropriate for purposes of this section, while coordinating his activities in connection with the performance of such functions with all such mechanisms in the State or region which are related to, but not directly involved, in the program under this title. (2) Each State shall have a period of one hundred and eighty days Revisions. after the issuance of the indication referred to in subsection (b) (or a longer period if the Director finds, at the request of the Governor of such State, that an extension is justified) within which to submit its plan under subsection (c) and if necessary to revise such plan under subsection (e) before the Director may undertake the development of a plan for such State under paragraph (1) of this subsection. (3) Any such plan developed by the Director shall be transmitted to Transmittal to the Governor of such State and shall not be implemented for ninety State Governors days after the date of transmittal: Provided, That notwithstanding Notification. the provisions of paragraphs (1) and (2) of this subsection, no such plan shall be implemented if the Governor within the ninety-day period notifies the Administration in writing of his objection to the implementation of said plan. (g) The Director shall annually review the implementation of Annual review. State plans approved under subsection (d) to insure continued conformance with the requirements of this title. If the Director deter- Notification of mines that the implementation of any approved State plan does not States. satisfy any of such requirements, he shall notify the Governor of the Remedial action. State and any other designated officials of the deficiency, with specific details, and shall provide a reasonable time and opportunity for remedial action. If, after such reasonable time and opportunity, satis- Notice. fying remedial action has not been taken to place the implementation in conformance with such requirements, the Director shall so inform the Administrator, who shall give the Governor notice of intention to terminate Federal assistance, after the opportunity for the Governor's comment, if the implementation continues to not satisfy all such requirements. Federal assistance shall be terminated thereafter if satisfactory action is not taken. In the event Federal assistance is Service, terminated under this subsection, the Director shall proceed in accord- development. ance with the procedures in subsection (f) to develop an energy extension service for the State. In so doing, the Director shall provide for continuation of all activities under the State plan which were in conformance with the requirements of this title and shall effect only such changes in the activities under such plan as are necessary to satisfy such requirements. The Director shall give the Governor notice of any Notice. such changes and shall provide a reasonable opportunity for the Governor to comment prior to proceeding with the changes. (h) In any case where a State has submitted a State energy conservation plan under part C of title III of the Energy Policy and Conservation Act, as amended, the State's plan submitted under sub- 42 USC 6321. section (c) of this section shall specifically indicate how its proposed extension service program will complement or supplement any pro-

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Page:Seventeen lectures on the study of medieval and modern history and kindred subjects.djvu/350

 coming to rescue the distressed lady, as Perseus to Andromeda; the avenger of blood at Bosworth field; the Hercules of the twelve labours; who overcame the Nemean lion in Edward IV; the Erymanthian boar in Richard III; the Arcadian stag in John of Lincoln; the Cretan bull in James of Scotland; the mares of Diomedes in Martin Swart; whose hydra had been the civil wars; who had put down the Stymphalian birds by the agency of the Star Chamber; had thwarted in Margaret of York the host of the Amazons; and found the three heads of Geryon in Maximilian, the archduke Philip, and the dowager of Burgundy; who had beaten Cacus in Perkin Warbeck, and Cerberus in three still more insignificant enemies, and by overcoming Max's opposition to the French alliance had lulled the dragon and made his way into the garden of the Hesperides. It is not every Hercules who answers so precisely to the archetype.

And then think of him as the eligible parti of Europe; the young pretender of fifty looking out for a wife; thinking of the queen of Naples as very practicable, and at all events worth very minute inquiries as to teeth and stay-laces; or perhaps Margaret of Austria, who could make him arbiter of the Netherlands, and possibly of Spain; or Johanna of Castile, if she could have been consoled for the death of the archduke; or that delightful duchess of Angoulême, Louise of Savoy, the mother of Francis I, and destroyer of the Constable of Bourbon; or last, but not least, Katharine of Aragon, his own daughter-in-law, if the pope, whose conscience was elastic enough to dispense a marriage with a brother's wife, could so far stretch a point of infallibility as to connive at such a politic enormity. Well, the lady Margaret, poor thing, had four husbands, and Henry VIII had six wives; matrimony was clearly a feature in the germinating policy of the Magians of the renaissance. And then, did ever English king receive, like Henry VII, three caps and swords from three successive popes,—from Innocent VIII, Alexander VI, and Julius II? And last, but not least, Francis Bacon for a biographer! And yet we want something more!


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Page:United States Statutes at Large Volume 91.djvu/232

 91 STAT. 198 42 USC 6322.

Financial assistance.

PUBLIC LAW 95-39—JUNE 3, 1977 grams of public education under section 362(d)(4) of such Act which are included under such energy conservation plan. In any event, each State plan submitted under subsection (c) of this section shall indicate how its proposed extension service program will complement or supplement any other energy conservation programs being carried out within the State with assistance from Federal funds or under other Federal laws. (i) The Director shall provide financial assistance to each State having a plan approved under subsection (d), from funds allocated to such State under section 512(c), and shall provide information and technical assistance to such State, for the development, implementation, or modification of the State's plan submitted under subsection (c) of this section. (j) Nothing in this title, or in the comprehensive program developed under section 504 or any State plan approved under this section, shall have the effect of modifying or altering the relationships existing between educational institutions and the States in which they are located in connection with activities provided for under this title. ADMINISTRATIVE

Regulations.

42 USC 7006. consultation and cooperation.

Interagency Advisory Group. Establishment. Membership.

PROVISIONS

SEC. 507. (a) The Director shall promulgate such regulations and directives as may be necessary to carry out the functions and projects of the Service. (b) The Director shall consult and cooperate with the Secretary of Housing and Urban Development, the Administrator of the Federal Energy Administration, the Secretary of Agriculture, the Administrator of the Environmental Protection Agency, the Secretary of Health, Education, and Welfare, the Community Services Administration (and its Institute for Appropriate Technology), the Secretary of Commerce (and the Regional Centers of the Economic Development Administration in the Department of Commerce), the Administrator of the Small Business Administration, and the heads of other Federal agencies administering energy-related programs, with a view toward achieving maximum coordination with such other programs, and for the purpose of insuring to the maximum extent possible that all energy conservation and new energy technology information disseminated by or through Federal programs in a given area are consistent and are fully coordinated in order to minimize duplication of effort and to maximize public confidence in the credibility of Federal or federally assisted programs. It shall be the responsibility of the Director to promote the coordination of programs under this title with other public or private programs or projects of a similar nature. (c) Federal agencies described in subsection (b) shall cooperate with the Director in disseminating information with respect to the availability of assistance under this title, and in promoting the identification and interests of individuals, groups, or business and commercial establishments eligible for assistance through programs funded under this title. (d) At such time as the Energy Resources Council is terminated, pursuant to section 108 of the Energy Reorganization Act of 1974, as amended (42 U.S.C. 5818), there shall be established an Interagency Advisory Group, consisting of the Director (as Chairman) and the heads of the Federal agencies described in subsection (b) or their delegates, to assist the Director in carrying out his responsibilities

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 PUBLIC LAW 95-39—JUNE 3, 1977

91 STAT. 199

under this section and to provide a mechanism for use by the Director and the heads of such agencies in the performance of their functions under subsections (b) and (c). COMPREHENSIVE PLAN AND PROGRAM

SEC. 508. (a) The Administrator is authorized and directed to pre- 42 USC 7007. pare a comprehensive program and plan for Federal energy education, extension, and information activities authorized by this title and any other law. In the preparation of the program and plan, the Adminis- Consultation. trator shall utilize and consult with the head of each agency referred to in this title and any other Federal agency with an energy education, extension, or information program. Preparation of such program and plan shall not delay in any way the procedures specified in sections 505 and 506 or the implementation otherwise of this title. Rather, the program and plan should reflect the activities mandated by this title and serve as a mechanism for Federal Government-wide coordination and management of those activities with the activities of other Federal agencies under other law. (b) The comprehensive program and plan shall include, but not be limited to, the following elements: (1) specific delineation of responsibility of each participating Federal agency in the conduct of this title; (2) mechanisms established to coordinate the activities under this title, pursuant to section 507(b), (c), and (d); (3) a detailed summary of all related Federal programs under other law, including program descriptions, types of delivery mechanisms, budget, and objectives; (4) procedures for defining and measuring the effectiveness, in terms of increased energy efficiency, fuel savings, adoption of new energy technologies, and other appropriate criteria, of the activities under this title and related activities under other law; (5) an assessment of other existing Federal assistance and incentives, other than public education, extension, and outreach programs, and their relation to such programs, in achieving the objectives of this title; (6) procedures pursuant to section 504(d) to minimize conflict with existing services in the private sector of the economy which are similar to those under this title and other law; and (7) a comprehensive and integrated plan for the resulting Federal program, taking into account paragraphs (1) through (c) The Administrator shall transmit the comprehensive program and plan to the President and to each House of Congress within one hundred and eighty days after the date of enactment of this Act. Thereafter, the Administrator shall revise the program and plan on an annual basis and submit the revisions as part of the annual fiscal year budget submission and the report required by section 15 of the Federal Nonnuclear Energy Research and Development Act of 1974.

Transmittal to President and Congress. Annual revision.

42 USC 5914.

ADVISORY BOARD

SEC. 509. (a) There is herebv established a National Energy Exten- Establishment. sion Service Advisory Board (hereinafter in this section referred to as Membership. the "Board"), which shall consist of not less than fifteen nor more than 42 USC 7008.

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User:Notafly/Alexander Henry Haliday/British Entomology

References to Alexander Henry Haliday in John Curtis' British Entomology

One of two families need only be here mentioned as examples:- the Diplolepidae or Chalcididae, which I always admired for their beauty, were neither arranged nor named in any family I had seen, which induced me to pay attention to those splendid little fairy-forms; and by occasionally illustrating a genus I cannot but congratulate myself that it has probably led to the invaluable researches of a Haliday and a Walker. Preface to Vol I London, Dec. 1839. List of subscribers (Vo1.I) J.C. Allman, Esq. Bandon, Ireland W. Clear, Esq. Cork Cork Royal Institution A.H. Haliday, Esq., Clifden, Belfast. G.C. Hyndman, Esq. Belfast. G. Roe Esq., Nutlay, Mairion, near Dublin Royal Dublin Society

Folio 426 [Cychrus rustratus]

and Mr. Haliday informs me that he has taken it near Belfast in Ireland.

Folio 446 [Carabus exasperatus]

in the list of British species of Carabus given in the folio text Ireland is mentioned frequently - this information was presumably supplied mostly by Haliday.

Folio 330 [Calosoma sycophanta] - of C. inquisitor ‘and Mr. Tardy has seen them flying among oak trees at Powerscourt in Ireland’.

Folio 302 [Pelophila borealis]

In the cabinet of Mr. Haliday’ For the opportunity of figuring this fine addition to our fauna I am indebted to A.H. Haliday, Esq.: it has never been taken in England and it is singular that it should not have been discovered in Scotland, for it inhabits the western coast of Lapland. The male represented was captured in Ireland, June 14 1829 on the sandy shore of L. Neagh by Robert Templeton, Esq., who presented it to the gentleman in whose cabinet it is now preserved”.

Folio 354 [Dyschirius inermis].

D. nitidus ‘Mr. Haliday thinks his specimens, captured on the banks of pools near Holywood in the Co. Down are the same as D. nitidus/D. aeneus Mr. Haliday, near London/D. gibbus and near Belfast, A.H. Haliday Esq.

Folio 15 [Omaseus aterrimus]

O. orinomum ‘Also on the banks of the Tees in March, at the base of Ben Lomond and near Belfast, Mr. Haliday O. rufifomoratus ‘I am indebted to Mr. Haliday for my specimen which he took with a few others near Belfast. O. tetricus Hal. ‘Discovered by Mr. Haliday, I believe near Belfast ‘. O. melanorius I11 ‘found everywhere, during the whole year under stones, at the roots of trees etc. near Belfast, Mr. Haliday.

Folio 326 [Blethisa multipunctata]

and Mr. Haliday has once met with it in Ireland’. Folio 250 [Ochthebius hybernicus] ‘In the cabinets of Mr. Haliday and the Author’ “For specimens of this fine species I am indebted to A.H. Haliday, Esq. who took them the end of last March on the shore of the Bay of Belfast after the tide had retired”.

Folio 307 [Hydraena testacea]

H. rufipes “Taken by Mr. Haliday, the beginning of May, under a stone in a rivulet at Woodside, Chesire”.

Folio 526 [Anisoplia suturalis] “taken by Mr. Bovington in immense profusion on the sea coast in the north of Ireland”.

Folio 204 [Micropeplus tesserula] tesserula Hal. Mss In the cabinet of Mr. Haliday” The natural size of this minute and curious insect is given by the side of the magnified figure. It was sent to me by the captor, A. Henry Haliday Esq. with the following memorandum ‘Taken out of a pond in a marsh near Belfast, in the County Down early in February 1827; it was perfectly lively and active when taken ’. Folio 546 [Antherophagus similis] “A. silaceus Taken the beginning of July and end of August on Umbelliferae by Mr. Haliday”. Folio 443 [Callicerus spencii] “In the cabinets of Mr. Haliday, Mr. Walker ani the author” “For specimens of the curious genus Callicerus. I am indebted to my friend A.H. Haliday, Esq., who accompanied them with the following remarks etc. C. spencii Kirby - Curt Brit. Ent. p1.443 Taken at Holywood, near Belfast; before the vernal equinox it occurs occasionally in the shelter of furze bushes; in the first burst of spring I have found it abundant on the fresh grass of sunny banks, not associating with the coprophagous Aleocharae; as summer advances it disappears entirely. While it is in motion the antennae and especially the thick joints of the tip are continually quivering in an extraordinary degree: the membranous suspension of the basal joints seems adapted to give those organs a high degree of versatility. C. hybridus Hall Mss. “Size and figure of C. spencii; thorax somewhat broader, 4th to 9th joints of antennae not so short, gradually increasing, 10th scarcely one half longer than the 9th, the rest as in C. spencii; and the palpi similar. Head and thorax opaque dusty black; elytra rufescent, disk suffused with brown; abdomen black, margins of segments rufescent; legs ferruginous, entennae and palpi darker. A single specimen taken at Holywood with the preceding species” by Mr. Haliday. Folio 410 [Lomechusa dentata] ‘L. paradoxa - in sandpits at Bexley, Kent, the end of May by Mr. Haliday. Vol. II. Folio 602. [Elodes pini] “and in great numbers in July 1835, on the larches at Castle Connel, Near Limerick”. Folio 398 [Thanasimus formicarius] on the seashore, Dublin, by Mr. Bulwer. Folio 59 [Cossonus tardii] “I have great pleasure in adopting the specific name proposed by Mr. Vigors in honour of his friend James Tardy, Esq., of Dublin, to whom I have to acknowledge my obligations for specimens of this fine Cossonus, taken by himself and Mr. Vigors in July 1822 near Powerscourt Waterfall, county of Wicklow, Ireland, under the bark of decayed hollies; it appears like all other wood-feeding insects to be extremely local; for Mr. Tardy in a letter says “I have in vain sought for it in places abounding as much in holly and in similar situations in the same county”. A slimy exudation, similar to that seen where the Nitidulae reside, was observed on the spots inhabited by the Cossonus” Folio 211 [Apion difformis] “In the cabinets of Mr. Haworth, Mr. Haliday and the author”. “One specimen of the curious insect figured was taken on paling near the Croydon Road and another in a furze-bush on Blackheath Nov. 10th & 13th by Mr. A.H. Haliday to whom I am indebted for my specimen”. Vol. III. Folio 608 [Locusta christii] “In the cabinets of Miss Ball and the author”. “Another specimen, captured last September at Ardmore in the county of Waterford by Miss M. Ball has been obligingly transmitted to me for my inspection by Robert Ball, Esq. of Dublin: it is of the same sex as the one figured, but the elytra are much more spotted”. Folio 385 [Elenchus walkeri] “In the cabinets of Mr. Dale, Mr. Haliday, Mr. Walker and the Author”. “Mr. F. Walker first discovered a female? at Southgate amongst grass, 24th June. Mr. Dale next took a male? 11th June 1830, by sweeping some flowers and wheat near Glanvilles Wootton, and found it in his not when he returned home; and the end of June 1830 and July, 1831 Mr. Haliday took two females in sweeping some herbage near Belfast. To all these gentlemen I am indebted for the use of their specimens and to the last for having presented me with one accompanied by the following interesting observations. ‘I have no clue to the family it may be parasitic on, for I have not found any bee with the larva in it, the most common in its locality are Andrena cineraria and albicans and Halictus rubicundus and albipes. It seems very delicate, the only specimen I could succeed in bringing home alive I put under a watchglass, but having to leave it for an hour I found it dead though placed in a cool spot. It moved with a vacillating but tolerably rapid gait with the upper wings extended and the lower rapidly vibrating, the abdomen with which it smooths the wings, twisting freely in all directions. The antennae are kept apart with the branches divaricated, and the longer one generally bent in an angle at the articulation, the palpi mostly in motion. All the membranous parts are capable of much dilation and contraction, and are fully expanded when in lively motion, but contract after death. The wings were cinereous with blacker nervures. Abdomen longer than the rest of the trunk, fleshy, of 8 segments besides the anal one bearing the appendage. The first three are softer, more extensile and versatile than the rest which have a single row of transverse spots down the back, one on each segment, of stronger consistence and darker colour, also a series of more minute ones down the belly. The colour of the membranous parts is cinercous yellow, the horny plates of a darker blackish-cinereous shade; the ovipositor tibiae and base of antennae nearly black, eyes deep black Mr. A.H. Haliday ‘s Mss”. Folio 764. Taken by Mr. Haliday, I believe near Belfast. 8. M. splenium Curt .......………………………….. Mr Haliday has at least 26 very distinct species of this genus.

Folio 528 [Conipteryx pscociformis]

'Psociformis Haliday's Mss.—Curt. Guide, Gen. 741*. No. 2. Length -2/3- of a line, expansion 4 lines. Dead pearly white,_ antennae twice as long as the body, composed of nearly 40 joints, subochreous : superior wings very ample and distinctly iridescent - inferior wings small. In the Cabinets of Mr. Haliday and the Author.This group may be distinguished from Psocus by the greater number of joints in the antennae palpi and tarsi, by the powdered wings (from whence the name of Coniopteryx) and the absence of a stigma. For the curious Larva represented at fig. L, I am indebted to my friend Mr. Haliday, who says in his letter, " This larva is found wandering in groves from the end of August to October; it is probably Aphidivorous; though this I have not proved, nor have I bred it, but I can entertain no doubt that it is the larva of C. tineiformis. The general character is closely allied to the larva of Hemerobius, to which genus it is related." It is rosy, with a large oval blackish patch on the back, and large white spots down each side. 1. C. tineiformis Curt. Mr. Haliday says, "It occurs in groves (especially on Coniferae) in summer: the colour is clear bluish white, but the dried specimens either fade or become rubbed. In the living insect the palpi are porrected and adhere together, forming a kind of beak. When captured they feign death, with their antennae bent in under the thorax, as in Hemerobius and Chrysopa." 2. C. Psociformis Hal.—Curt. Brit. Ent. I pl. 528 This Insect I also found in Norfolk many years since, and Mr. Haliday took it in the same situation as the last: and adds, " when the deflected upper wings in repose conceal the lower, it resembles the former species, but it is distinguished by its superior size and more brilliant white colour."

Folio 544 [Polycentropus irroratus] Curt. Brit. Ent. I took specimens the middle of last August in the Isle of Arran, and the beginning of September I met with others on large masses of rock in the bed of the river at Cartland Craigs, a magnificent and highly picturesque ravine near Lanark,which I visited with Mr. Haliday and Mr. H. Walker.

Folio 561 [Chimarra marginata] In a tour through the south-west of Ireland last July [1834], Mr. Haliday and myself observed the Eriocaulon in abundance, in various lakes from near Oughterard to Roundstone in Connemara.

Folio 211 [Apion difformis] In the Cabinets of Mr. Haworth, Mr. Haliday, and the Author.One specimen of the curious insect figured, was taken on paling near the Croydon road ; and another in a furze-bush on Blackheath, Nov. 10th and 13th, by Mr. A. H. Haliday, to whom I am indebted for my specimen.

Folio 486 [Macrocnema unimaculata] Macrocnema is one of Illiger's families of Haltica, characterized by him in the 6th Vol. of his Magazine, which I have never been able to obtain ; but Gyllenhal has transcribed them into the Appendix of his 4th Vol. No mention however is made of the anomalous antennae, which are only 10-jointed, the 2nd joint being wanting or lost between the 1st and 3rd; a character first pointed out by Mr. Haliday : it is also distinguished by the length of the posterior tarsi, which are attached in a groove on the inside, remote from the internal angle.

Folio 751 [Eriocephala calthella] It is to Mr. Haliday's acute investigations that we owe the detection of this anomalous group, and I am greatly indebted to him for the valuable materials he has placed in my hands. On comparing the dissections with those of Lampronia, it will instantly appear that it is impossible to retain the insects to which they belong in the same genus ; the extraordinary variation in the form and length of the labial palpi and of the maxillae, are most important differences. It will be now advisable to take a more general view of its relationship to the Trichoptera, for, as Mr. Haliday has justly observed, the whole aspect approaches the groups Hydroptila and Narycia. If the larva of E. Calthella was known, no question would remain ; but even in the absence of that testimony, I think it will be clear that it belongs to the Lepidoptera. The wings are clothed with scales ; the maxillae, though short, are in the situation we find them in the Lepidoptera ;the palpi are not hairy, and the anterior tibiae have an internal spine. The only character, therefore, that makes an approach to Trichoptera, is the relative proportions of the palpi, to which may, perhaps, be added the remarkable neuration of the wings, which is certainly very unlike any other Lepidoptera I have examined, and the caudal appendages of the male are rather singular. From this review of the affinities to the two orders, although it must be admitted that by this exception the distinctive character, which I imagined was furnished by the palpi, proves no longer to be unobjectionable, still it is not to be altogether disregarded, and I think that the internal spine of the anterior tibiae, so constantly present in the moths, is nowhere to be found in the Trichoptera ; if such be the case, we have a new distinctive character, scarcely of less value than that which we have been obliged to abandon.A short notice of all the species will be found at fol. 639b, under Lampronia, from No. 10. subpurpurella to No. 20. bistrigella.


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 91 STAT. 200

Chairman.

Travel" expenses.

Review.

Report to Administrator, Director, and Congress.

PUBLIC LAW 95-39—JUNE 3, 1977 twenty members appointed by the Administrator from among persons representative of State, county, and local governments. State universities, community colleges, community service action agencies, consumers, small business, and agriculture. The Administrator shall designate one of the members of the Board to serve as its chairman, and shall provide the Board with such services and facilities as may be necessary for the performance of its functions. The Administrator shall reimburse members of the Board for the full amount of any expenses (including travel expenses) necessarily incurred by them in the performance of their duties as such. (b) The Board shall carry on a continuing review of the operation of the comprehensive program developed under section 504 and the various State plans approved under sections 505 and 506, for the purpose of evaluating their effectiveness in achieving the objectives of this title and determining how their operation might be improved in furtherance of such objectives. (c) The Board shall report at least annually to the Administrator, the Director, and the Congress on the status of the program under this title, including any recommendations it may have for administrative or legislative changes to improve its operation. CONFORMING

42 USC 5813.

Ante, p. 191.

Ante, pp. 198, 199. 42 USC 6201 note. Energy Conservation Subcommittee. Establishment.

42 USC 5818.

AMENDMENTS

SEC. 510. (a") Section 103 of the Energy Eeorganization Act of 1974, as amended (42 U.S.C. 5801), is amended by redesignating paragraphs (7) through (11) as paragraphs (8) through (12), respectively, and inserting immediately after paragraph (6) the following new paragraph: "(7) establishing, in accordance with the National Energy Extension Service Act, an Energy Extension Service to provide technical assistance, instruction, and practical demonstrations on energy conservation measures and alternative energy systems to individuals, businesses, and State and local government officials;". (b) Section 108(b) of such Act (42 U.S.C. 5818(b)) is amended by striking out "and" at the end of paragraph (2), by striking out the period at the end of paragraph (3) and inserting in lieu thereof "; and", and by adding after paragraph (3) the following new paragraph: " (4) insure that Federal agencies fully discharge their responsibilities under sections 507 and 508 of the National Energy Extension Service Act for coordination and planning of their related activities under such Act and any other law, including but not limited to the Energy Policy and Conservation Act.". (c) Section 108 of such Act is further amended by adding at the end thereof the following new subsection: "(e) There is hereby established an Energy Conservation Subcommittee within the Council, which shall be chaired by the Administrator of the Energy Research and Development Administration, to discharge the responsibilities specified in subsection (b)(4) of this section and other related functions associated with the coordination and management of Federal efforts in the areas of energy conservation and energy conservation research, development and demonstration.".

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 PUBLIC LAW 95-39—JUNE 3, 1977 ......^

RECORDS

'-'-• ' ".

91 STAT. 201

^

SEC. 511. Each State or other entity within a State receiving Federal Maintenance and funds under this title shall make and retain such records as the retention. Administrator shall require, including records which fully disclose 42 USC 7009. the amount and disposition of such funds; the total cost of the facilities and activities for which such funds were given or used; the source and amount of any funds not supplied by the Administrator; and any data and information which the Administrator determines are necessary to protect the interests of the United States and to facilitate an effective financial audit and performance evaluation. Such recordkeeping shall be in accordance with Federal Management Circular 74-7 (34 CFR part 256) and any modification thereto. The Administrator, or any of his duly authorized representatives, shall have access until the expiration of three years after the completion of the facilities or activities involved, to any books, documents, papers, and records or receipts which the Administrator deems to be related or pertinent, directly or indirectly, to any such Federal funds. APPROPRIATION

AUTHORIZATION

SEC. 512. (a) There are authorized to be appropriated to the Direc- Nonnuclear tor to carry out this title such sums as may be included in the annual programs. authorization, for the fiscal year 1977 (as provided in section 42 USC 7010. 101(7)(G) of title I of this Act), for the nonnuclear programs of the Energy Research and Development Administration. (b) To the extent provided in the Act making the appropriation Funds, transfer. involved, any portion of the amount appropriated pursuant to subsection (a) for any fiscal year may be transferred by the Director, with the approval of the Administrator, to the head of any other Federal agency for payment to or expenditure within one or more States under sections 505 and 506 upon a determination by the Director that the existence of regular payment channels or administrative relationships between that agency and the State involved (or entities within such State) makes such transfer and such payment or expenditure administratively more efficient or effective or otherwise promotes the achievement of the objectives of this title; but no transfer of funds under this subsection shall result in any loss by the Director of any authority over program direction or control which is vested in him by this title. (c)(1) The total amount appropriated pursuant to subsection (a) Funds, allocation, for the initial implementation of the energy extension service (other than the portion thereof needed for administrative expenses and special State projects) shall be allocated among the participating States according to the amounts needed to implement their proposed initial programs. (2) The total amount appropriated pursuant to subsection (a) for Formula, any fiscal year (other than the portion thereof needed for administrative expenses and special State projects) shall be allocated among the States in accordance with the following formula: (i) one-half shall be divided equally among all the States; and (ii) one-half shall be divided among the States in proportion to their respective populations, with each State being entitled to a sum that bears the same ratio to one-half of such total amount as such State's population (determined on the basis of the most

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Page:United States Statutes at Large Volume 91.djvu/236

 91 STAT. 202 ,. ,, !«» vnw.r...« •.^^^

PUBLIC LAW 95-39—JUNE 3, 1977 recent decennial census) bears to the total population of all the States (as so determined). ^g^ During the fiscal year in which this title becomes effective, the Director shall provide funds in accordance with paragraph (1) of this subsection for the implementation of the energy extension service activities in the maximum number of States determined by the Director to be feasible with the total amount appropriated pursuant to subsection (a): Provided, That in no case shall such number be less than ten States. DEFINITIONS

42 USC 7011.

'

SEC. 513. As used in this title, the term— (1) "energy conservation" means energy conservation, efficient energy use and the utilization of renewable energy resources; and (2) "State" means any State of.the United States, the District of (Jolumbia, the Commonwealth of Puerto Kico, Guam, the ' Virgin Islands, American Samoa, or any territory or possession of the United States. Approved June 3, 1977.

'

.*.-Ji'?iJ^*t •'•!•« I

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-224 (Comm. on Science and Technology). SENATE REPORT No. 95-69 (Comm. on Energy and Natural Resources). CONGRESSIONAL RECORD, Vol. 123 (1977): Apr. 4, considered and passed Senate. May 2, considered and passed House, amended. May 13, Senate concurred in House amendment with amendments. May 18, House concurred in Senate amendments. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 13, No. 23: June 3, Presidential statement.

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 PUBLIC LAW 95-40—JUNE 3, 1977

91 STAT. 203

Public Law 95-40 95th Congress An Act To make certain technical and miscellaneous amendments to provisions relating to vocational education contained in the Education Amendments of 1976.

Be it enacted by the SeTiate and House of Representatives of the United States of America in Congress assembled, That the Vocational Education Act of 1963 is amended as follows: (1) Section 102(a) of the Vocational Education Act of 1963 is amended by striking out "$1,325,000" and inserting in lieu thereof "$1,325,000,000", and by striking out "$1,485,000" and inserting in lieu thereof "$1,485,000,000". (2) Section 102(d) of such Act is amended by inserting " and " after paragraph (2) and by striking out "; and, (4) State administration of vocational education programs assisted under this Act". (3) Section 1 0 3 (a)(1)(A) (as in effect on October 12, 1976, pursuant to section 204(a)(2)(B) of the Education Amendments of 1976) of such Act is amended by inserting " (b)(1) " immediately after "161". (4)(A) Section 103(a)(1)(B) (iii) of such Act is amended by striking out the last sentence and inserting in lieu thereof: "Beginning in the fiscal year 1979, the Bureau of Indian Affairs shall expend an amount equal to the amount made available under this subparagraph to pay a part of the costs of programs funded under this subparagraph. During each of the fiscal years covered by this subparagraph, the Bureau of Indian Affairs shall expend no less than the amount expended during the prior fiscal year on vocational education programs, services, and activities. The Commissioner and the Commissioner of Indian Affairs shall jointly prepare a plan for the expenditure of funds made available and for the evaluation of programs assisted under this subparagraph. Upon the completion of a joint plan for the expenditure of these funds and the evaluation of the programs, the Commissioner shall assume responsibility for the administration of the program, with the assistance and consultation of the Bureau of Indian Affairs.". (B) Section 103(a)(1)(B) (iii) of such Act is further amended by striking out "which has contracted" in the first sentence and inserting in lieu thereof "which is eligible to contract". (C) Section 1 0 3 (c)(1)(B) of such Act is amended by inserting "the Northern Mariana Islands," immediately after "the Virgin Islands," in both places where that term occurs. (5)(A) Section 105(a) (20) of such Act is amended by striking out "clauses of this paragraph " and inserting in lieu thereof "clauses of this sentence". (B) Section 1 0 5 (d)(4)(A) of such Act is amended by inserting "special education," after "vocational rehabilitation,". (6)(A) The first sentence of section 1 0 5 (f)(1) of such Act is amended by striking out "$8,000,000 for fiscal year 1982" and by inserting in lieu thereof "$10,000,000 for fiscal year 1982". (B) The second sentence of section 1 0 5 (f)(1) of such Act is amended by inserting immediately after "State advisory councils" the following: "from amounts allotted to such advisory councils in

June 3, 1977 [H.R. 3437]

Vocational Education Act of 1963, amendments. 20 USC 2302.

20 USC 2303.

Plan, preparation. Program administration.

20 USC 2305.

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Page:United States Statutes at Large Volume 91.djvu/238

 91 STAT. 2 0 4

PUBLIC LAW 95-40—JUNE 3, 1977

accordance with the method for allotment contained in section 103 20 USC 2303. (a)(2),". 20 USC 2305. (C) The t h i r d sentence of section 105(f)(1) of such Act is amended by inserting "the Northern Mariana Islands," immediately after "American Samoa,". 20 USC 2306. (7) Section 1 0 6 (a)(8) of such Act is amended by inserting ") " > after "under subpart 5 of this part ". (8) Section 107(a)(1) (as in effect on October 12, 1976, pursuant to section 204(a)(2)(A) of the Education Amendments of 1976) of 20 USC 2307. such Act is amended by inserting immediately before the period at the ' •. end of the first sentence thereof "in which the plan is submitted", and in the fifth sentence thereof by striking out " (a) " and inserting in lieu thereof " (A) ", by striking out " (b) " and inserting in lieu thereof " (B) ", and by striking out " (c) " and inserting in lieu thereof " (C) ". 20 USC 2310. (9) Sections 110(a) and 110(b)(1) of such Act are amended to read as follows: " SEC. 110. (a) For each fiscal year, at least 10 per centum of each Ante, p. 203. State's allotment under section 103 from appropriations made under Ante, p. 203. section 102(a) shall be used to pay up to 50 per centum of the cost of programs, services, and activities under subpart 2 and of program persons. " (b)(1) For each fiscal year, at least 20 per centum of each State's allotment under section 103 from appropriations made under section 102(a) shall be used to pay up to 50 per centum of the cost of programs, services, and activities under subpart 2 and of program ( improvement and supportive services under subpart 3 for disadvantaged persons (other than handicapped persons), for persons who have limited English-speaking ability, and for providing stipends author20 USC 2330. ized under section 120(b)(1)(G). ". (10) Section 110(c) of such Act is amended to read as follows: " (c) For each fiscal year, at least 15 per centum of each State's allotment under section 103 from appropriations made under section 102(a) shall be used to pay u p to 50 per centum of the cost of pro''•"'" improvement and supportive services under subpart 3 for (1) persons who have completed or left h i g h school and who are enrolled in organized programs of study for which credit is given toward an associate or other degree, but which programs are not designed as baccalaureate or higher degree programs, and (2) persons who have already entered the labor market, or are unemployed, or who have completed or left h i g h school and who are not described in paragraph (1).". 20 USC 2311. (11) Section 1 1 1 (a)(1) of such Act is amended by striking out .•>,-•., I- "equal to " in the first place where that term occurs and inserting in •'^; ' ' lieu thereof "not to exceed" and by inserting immediately after " Islands " the following: ", the Northern Mariana Islands, Guam, the I Virgin Islands,". (12) Section 1 1 1 (a)(1)(B) of such Act is amended by striking out "section" and inserting in lieu thereof "sections" and by striking out "vocational education program s " and by inserting in lieu thereof " p r o grams, services, and activities under subpart 2 and program improvement and supportive services under subpart 3". (13) Section 1 1 1 (a)(1)(C) of such Act is amended by striking out "described in sections 122(f), 133(b), and 140" and inserting in lieu thereof "provided in accordance with sections 122(f), 132(b), and 140 20 USC 2332, (b)(2)". 2352, 2370.
 * ' ' ''•' improvement and supportive services under subpart 3 for handicapped
 * '• grams, services, and activities under subpart 2 and of program

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 useless to those persons who desire to know the present state of that colony, and how far her natural resources will be henceforth available for the production of articles of export.

As the north-eastern part of the territory of New South Wales, from Port Macquarie northward, as far as the country has been explored past Moreton Bay, is of a very different character to the other parts of the colony, with regard to its geological structure, soil, vegetable productions, and climate, I have given a description of it; partly with a view of shewing its adaptation for the culture of many of the productions of tropical countries, and partly to endeavour to rectify the prevailing opinion of many persons, that all parts of New Holland are distinguished by a scantiness of vegetation, and aridity of soil, exceeding that in any other country.

The only central part of New South Wales, which bears any resemblance to the north-eastern part of the territory, is the isolated district of Illawarra, which has always astonished those who have visited it, by the wonderful luxuriance and tropical aspect of its vegetation. The cause of this unusual aspect is entirely attributable to the vicinity of high ranges near the coast, and their peculiar geological formation. The rich soil, covered by luxuriant jungles, of the north-eastern part of the territory, is also more owing to analogous causes, than to the warmer climate. Although the dense vegetation which covers the rich soil in this part of the colony, entirely


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Page:United States Statutes at Large Volume 91.djvu/239

 PUBLIC LAW 95-40—JUNE 3, 1977 • (14) Section 111(a)(1) of such Act is further amended by redesignating clause (C) as clause (D), by striking out "and" after clause (B), and by inserting immediately below clause (B) the following new clause: "(C) a part of the costs of supervision and administration of vocational education programs by an eligible recipient, except that such payment shall not exceed (i) a percentage of such costs equal to the percentage of the total costs of the vocational education program of such eligible recipient paid for from this section, or (ii) 50 per centum of such costs if the non-Federal share of such costs is paid by the State from appropriations for such purpose; and" (15)(A) Section 111(a)(2)(A) of such Act is amended to read as follows: "(2)(A) In addition, the Commissioner shall pay, from each State's allotment under section 103 from appropriations made under section 102(a), an amount not to exceed the Federal share of the cost of State administration of such plans.". (B) Section 108(b)(1)(B)(i) of such Act is amended by inserting after the word "uses" the second time it appears in such section the following: "for State administration and". (C) Section 108(b)(2)(B) of such Act is amended by inserting after the word "funds" the second time it appears in such section the following: "for State administration and". (D) Section 111(a) of such Act is amended by adding at the end thereof the following: "(3) In addition, the Commissioner shall pay, from the amount available to each State from the amount appropriated under section 102(d), an amount not to exceed 100 per centum of the cost of carrying out the purposes described in such section 102(d).". (16)(A) Section 111(a)(2)(B) of such Act is amended by strikout "for the fiscal year preceding fiscal year 1978" and by inserting in lieu thereof "for the latest fiscal year for which reliable data is available preceding fiscal year 1978". (B) Section 120(a) of such Act is amended by inserting immediately after "vocational education programs" the following: "and other programs, services, and activities operated". (17)(A) Section 120(b)(1) of such Act is amended by striking out "and" at the end of clause (L), by striking out the period at the end of clause (M) and inserting in lieu thereof a semicolon, and by adding at the end thereof the following new clauses: "(N) provision of vocational training through arrangements with private vocational training institutions where such private institutions can make a significant contribution to attaining the objectives of the State plan, and can provide substantially equivalent training at a lesser cost, or can provide equipment or services not available in public institutions; and " (O) subject to the provisions of section 111, the costs of supervision and administration of vocational education programs by eligible recipients, and State administration of the five-year plan submitted pursuant to section 107 and of the annual program plan submitted pursuant to section 108, except that not more than 80 per centum of the amount of payments determined under section 111 for such purposes shall be made from grants under this
 * subpart."

91 STAT. 205 20 USC 2311.

Payment. Ante, p. 203. Ante, p. 203. 20 USC 2308.

Payment.

20 USC 2330. Grants.

Supra. Ante, p. 204. Supra.

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Page:United States Statutes at Large Volume 91.djvu/240

 91 STAT. 206

PUBLIC LAW 95-40—JUNE 3, 1977

(B) Section 122(g) of such Act is amended by striking out "used for purposes of this section" and inserting in lieu thereof "made available under this section to accommodate students in nonprofit private schools". Grants. (C) Section 130(b) of such Act is amended by striking out "and" after paragraph (5), by striking out the period at the end of such 20 USC 2350. section and inserting in lieu thereof "; and", and by inserting immediately below paragraph (6) of such section the following new paragraph: Ante, p. 204. "(7) subject to the provisions of section 111, the costs of supervision and administration of vocational education programs by eligible recipients, and State administration of the five-year plan Ante, p. 204. submitted pursuant to section 107 and of the annual program Ante, p. 205. plan submitted pursuant to section 108, except that not more than 20 per centum of the amount of payments determined under section 111 for such purposes shall be made from grants under this subpart,". 20 USC 2351. (18)(A) Section 131(a) of such Act is amended by striking out "coordination" and inserting in lieu thereof "coordinating". Contracts. (B) That portion of section 132(a) of such Act preceding para20 USC 2352. graph (1) is amended to read as follows: Supra. "SEC. 132. (a) Funds available to the States under section 130(a) may be used for contracts by State research coordinating units pursuant to comprehensive plans of program improvement for the support of exemplary and innovative programs, including—". (C) Section 132(b) of such Act is amended by inserting immediately after "Federal funds" the following: "made available under this section to accommodate students in nonprofit private schools". contracts. (19) That portion of section 133(a) of such Act preceding para20 USC 2353. graph (1) is amended to read as follows: "SEC. 133. (a) Funds available to the States under section 130(a) may be used for contracts by State research coordinating units pursuant to comprehensive plans of program improvement for the support of curriculum development projects, including—". (20) Section 134(a) of such Act is amended by striking out "shall 20 USC 2354. include" and by inserting in lieu thereof "shall include one or more of the following activities". 20 USC 2391. (21) Section 161(a)(1) of such Act is amended by striking out 20 USC 2312. "section 112" and by inserting in lieu thereof "section 112(b)". (22) Section 161(a)(3)(A) of such Act is amended by striking out "October 1, 1977" and by inserting in lieu thereof "October 1, 1978". (23) Section 161(b)(1) (as in effect on October 12, 1976, pursuant 20 USC 2391 to section 204(a)(2)(B) of the Education Amendments of 1976) of note. such Act is amended by inserting immediately after "in effect" in the second sentence the following: "on the date of the enactment of the Education Amendments of 1976 and", and in clause (B) by striking out "September 30, 1977" and by inserting in lieu thereof "September 30, 1978". 20 USC 2392. (24)(A) Section 162(b)(4)(A) of such Act is amended by inserting "special education," after "vocational rehabilitation,". Gifts, acceptance. (B) Section 162(c) of such Act is amended by striking out "paragraph" in the first sentence thereof and inserting in lieu thereof "subsection", and by adding at the end of such section the following new sentence: "The National Council may accept gifts if the acceptance of such gifts will better enable it to carry out its functions under this section.". 20 USC 2332.

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Page:United States Statutes at Large Volume 91.djvu/241

 PUBLIC LAW 95-40—JUNE 3, 1977 • (25) Sections 191 and 192 of such Act are each amended by striking out "part" and inserting in lieu thereof "subpart", and such section 191 is further amended by striking out "August 2" and inserting in lieu thereof "August 12". (26)(A) Section 195(7) of such Act is amended by striking out "crippled" and inserting in lieu thereof "orthopedically impaired" and by inserting immediately after "impaired persons" the following: ", or persons with specific learning disabilities,". (B) Section 195(8) of such Act is amended by inserting "the Northern Mariana Islands," immediately after "American Samoa,". (27)(A) Section 195(15) of such Act is amended by striking out "designating" and inserting in lieu thereof "designing". (B) Section 195(20) of such Act is amended by striking out "For the purposes of this Act, the" and inserting in lieu thereof "The". (C) Section 195 of such Act is amended by adding at the end thereof the following: "(21) The term 'private vocational training institution' means a business or trade school, or technical institution or other technical or vocational school, in any State, which (A) admits as regular students only persons who have completed or left elementary or secondary school and who have the ability to benefit from the training offered by such institution; (B) is legally authorized to provide, and provides within that State, a program of postsecondary vocational or technical education designed to fit individuals for useful employment in recognized occupations; (C) has been in existence for two years or has been specially accredited by the Commissioner as an institution meeting the other requirements of this subsection; and (D) is accredited (i) by a nationally recognized accrediting agency or association listed by the Commissioner pursuant to this clause, or (ii) if the Commissioner determines that there is no nationally recognized accrediting agency or association qualified to accredit schools of a particular category, by a State agency listed by the Commissioner pursuant to this clause, or (iii) if the Commissioner determines that there is no nationally recognized or State agency or association qualified to accredit schools of a particular category, by an advisory committee appointed by him and composed of persons specially qualified to evaluate training provided by schools of that category, which committee shall prescribe the standards of content, scope, and quality which must be met by those schools and shall also determine whether particular schools meet those standards. For the purpose of this paragraph, the Commissioner shall publish a list of nationally recognized accrediting agencies or associations and State agencies which he determines to be reliable authority as to the quality of education or training afforded.". (28)(A) Section 107(b)(4) of the Comprehensive Employment and Training Act of 1973 is amended by inserting "special education," after "vocational rehabilitation,". (B) Section 503(5) of the Comprehensive Employment and Training Act of 1973 is amended by inserting "special education," after "vocational rehabilitation,". (29) Section 203 of the Education Amendments of 1976 is amended by adding at the end thereof the following: "(c)(1) Section 104 of the Vocational Education Amendments of 1968 is amended by adding before the period at the end thereof the following: '(as such Act will be in effect on October 1, 1977)'"(2) The amendment made by this section shall be effective on and after October 1, 1977.".

29-194

0

91 STAT. 207 20 USC 2441, 2442. 20 USC 2461.

"Private vocational training institution.'

List, publication.

29 USC 817. 29 USC 953. Effective date. 90 Stat. 2213. 20 USC 11 note.

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Page:United States Statutes at Large Volume 91.djvu/242

 91 STAT. 208 20 USC 2563. lai'.

Effective date.

20 USC 2563 note.

20 USC 2301 note.

PUBLIC LAW 95-40—JUNE 3, 1977 (30) The first sentence of section 523(b)(2) of the Education Amendments of 1976 is amended by striking out "September 30, 1979" and by inserting in lieu thereof "September 30, 1980" and by striking out "September 30, 1980" and by inserting in lieu there "September 30, 1981". The first sentence of such section 523(b)(2) is further amended by striking out everything which appears after "under this section". • (31)(A) Section 523(b)(3) of the Education Amendments of 1976 is amended by striking "section" at the end of the first sentence and by inserting in lieu thereof "subsection concerning the National Institute of Education", and the second sentence of su(m section is amended by striking "October 1, 1979" and by inserting in lieu thereof "October 1, 1981". (B) The amendments made by subparagraph (A) shall take effect on and after October 1, 1977. SEC. 2. Except where otherwise specifically indicated, any reference in the first section of this Act to the Vocational Education Act of 1963 means such Act as in effect on October 1, 1977. Approved June 3, 1977.

•f i

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-86 (Comm. on Education and Labor). SENATE REPORT No. 95-142 (Comm. on Human Resources). CONGRESSIONAL RECORD, Vol. 123 (1977): Mar. 22, considered and passed House. May 16, considered and passed Senate, amended. May 18, House concurred in Senate amendments.

iif i i 381 j O!':

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Page:United States Statutes at Large Volume 91.djvu/243

 PUBLIC LAW 95-41—JUNE 6, 1977

91 STAT. 209

Public Law 95-41 95th Congress An Act To amend the Water Resources Planning Act (79 Stat. 244) as amended.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) the Water Resources Planning Act of 1965 (79 Stat. 244 as amended) is hereby further amended by deleting in section 401(c) the words: "not to exceed a total of $10,000,000 for fiscal years 1976 and 1977" and inserting in lieu thereof "not to exceed the sum of $3,905,000 for fiscal year 1978". (b) Section 401(a) of the Water Resources Planning Act (75 Stat. 244) is amended by deleting from the first sentence the word "annually" and inserting in lieu thereof the following "for fiscal year 1978". (c) Section 401(b) of the Water Resources Planning Act (75 Stat. 244) as amended, is further amended by deleting the word "annually" and inserting in lieu thereof the following "for fiscal year 1978". Approved June 6, 1977.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-307 (Comm. on Interior and Insular Affairs). SENATE REPORT No. 95-192 accompanying S. 1530 (Comm. on Environment and Public Works). CONGRESSIONAL RECORD, Vol. 123 (1977): May 17, considered and passed House. May 25, considered and passed Senate, in lieu of S. 1530.

June 6, 1977 [H.R. 67521 Water Resources Planning Act of 1965, amendments. 42 USC 1962d. 79 Stat. 253.

79 Stat. 253.

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Page:United States Statutes at Large Volume 91.djvu/244

 91 STAT. 210

PUBLIC LAW 95-42—JUNE 10, 1977

Public Law 95-42 95th Congress An Act June 10, 1977 [H.R. 5306]

To amend the Land and Water Conservation Fund Act of 1965, and for other purposes.

Be it enacted by the Senate and House of Representatives of the Land and Water United States of America in Congress assembled., That the L and and Conservation W a t e r Conservation F u n d Act of 1965 (78 Stat. 987), as amended Fund Act of (16 U.S.C. 4601-4 et seq.), is further amended as follows: 1965, (1) Section 2(c)(1) is amended by deleting "$600,000,000 for fiscal amendments. 16 USC 460/-4 year 1978, $750,000,000 for fiscal year 1979, and $900,000,000 for fiscal year 1980" and inserting in lieu thereof "and $900,000,000 for fiscal note. 16 USC 460/-5. year 1978". Appropriation (2) Section 5 is amended by adding the following at the end thereof: authorization. "Those appropriations from the fund u p to and including $600,000,000 16 USC 460/-7. in fiscal year 1978 and u p to and including $750,000,000 in fiscal j^ear 1979 shall continue to be allocated in accordance with this section. There shall be credited to a special account within the fund $300,000,000 in fiscal year 1978 and $150,000,000 in fiscal year 1979 from the amounts authorized by section 2 of this Act. Amounts credited to this account shall remain in the account until appropriated. Appropriations from the special account shall be available only with respect to areas existing and authorizations enacted prior to the convening of the Ninety-fifth Congress, for acquisition of lands, waters, or interests in lands or waters within the exterior boundaries, as aforesaid, of— " (1) the national p a r k system; " (2) national scenic t r a i l s; " (3) the national wilderness preservation system; " (4) federally administered components of the National Wild and Scenic Rivers System; and " (5) national recreation areas administered by the Secretary of Agriculture.". 16 USC 460 1-9. (3) Section 7(a) is amended by adding the following new paragraph: " (3) Appropriations allotted for the acquisition of land, waters, or interests in land or waters as set forth under the headings 'NATIONAL P A R K S Y S T E M; RECREATION AREAS' and

Notice to congressional committees.

'NATIONAL FOREST SYSTEM'

in paragraph (1) of this subsection shall be available therefor notwithstanding any statutory ceiling on such appropriations contained in any other provision of law enacted prior to the convening of the Ninety-fifth Congress; except that for any such area expenditures may not exceed a statutory ceiling during any one fiscal year by 10 per centum of such ceiling or $1,000,000, whichever is greater. The Secretary of the Interior shall, prior to the expenditure of funds which would cause a statutory ceiling to be exceeded by $1,000,000 or more, and with respect to each expenditure of $1,000,000 or more in excess of such a ceiling, provide written notice of such proposed expenditure not less than thirty calendar days in advance to the Committee on Interior and Insular Affairs of the House of Representatives and the Committee on Energy and N a t u r a l Resources of the Senate.".

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