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Page:United States Statutes at Large Volume 90 Part 2.djvu/1021

 PUBLIC LAW 94-531—OCT. 17, 1976

90 STAT. 24819

Public Law 94-531 94th Congress An Act To amend the Federal Boat Safety Act of 1971.

Oct. 17, 1976 [H.R. 13585]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Federal Federal Boat Boat Safety Act of 1971 (85 Stat. 213; 46 U.S.C. 1451 et seq.) is Safety Act of 1971, amended as follows: amendments. (1) Section 4 is amended by adding a new subsection to read as 46 USC 1453. follows: "(d) Until such time as there is a final judicial determination that New Hampshire, they are navigable waters of the United States, the following waters navigable waters. lying entirely within the State of New Hampshire, to wit: Lake Winnisquam, Lake Winnipesaukee, portions of the Merrimack River, and their tributary and connecting waters, are declared not to be waters subject to the jurisdiction of the United States, within the meaning of this section.". (2) Section 5 is amended by striking the word "eighteen" in para- 46 USC 1454. graph (1) of subsection (b) thereof, and by inserting in lieu thereof "twenty-four". (3) Section 8 is amended by inserting, immediately after "8.", the 46 USC 1457. subsection designation " (a) ", and adding a new subsection to read as follows: "(b) The Secretary may conduct research, testing, and development Research and as necessary to carry out the purposes of this Act, including the pro- testing. curement (by negotiation or otherwise) of experimental and other boats or associated equipment for research and testing purposes, and the subsequent sale thereof.". (4) Section 15 is amended, in subsection (a), by striking, at the Repair or end thereof, "defect.", and by inserting in lieu thereof "defect: Pro- replacement of vided, That the manufacturer's duty of notification under subsection defects. (b)(1) and subsection (b)(2) of this section applies only to defects 46 USC 1464. or failures of compliance discovered by the manufacturer within one of the following periods, as appropriate: "(1) in the case of a boat or associated equipment required by regulation to have a date of certification affixed, five years from date of certification, or " (2) in the case of a boat or associated equipment not required by regulation to have a date of certification affixed, five years from date of manufacture.". (5) Section 15 is amended, in subsection (e), by striking, at the beginning of the third sentence thereof the word "Upon", and by inserting in lieu thereof "If the manufacturer receives notice from the Secretary within the time in which he would be required to make notification under subsection (a), upon". (6) Section 15 is amended, in subsection (g), by striking "this section.", and by inserting in lieu thereof "this section, including, but not limited to, procedures to be followed by dealers and distributors to assist manufacturers in obtaining the information required by this section: Provided, That a regulation promulgated hereunder may not relieve a manufacturer of any obligation imposed on him by this section.".

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Page:United States Statutes at Large Volume 90 Part 2.djvu/1022

 90 STAT. 2490 Standard numbering 2s n^r 14,67

46 USC 1469. 46 USC 1472.

46 USC 1476. 46 USC 1477.

PUBLIC LAW 94-531—OCT. 17, 1976 (7) Section 18 is amended, in subsection (a), by inserting, followj^g the second sentence thereof, a new sentence to read as follows: ""^"^ implementing and administering its numbering system, a State shall adopt any definitions of relevant terms, including, but not limited to, 'model year' and 'date of manufacture' established by the Secretary by regulation.". (8) Section 20 is amended, in subsection (a), by striking, in the second sentence the words "twenty-four hours", and by inserting in lieu thereof the words "seven days". (9) Section 23 is amended by inserting at the end of the first sentence a new sentence to read as follows: "The fees established pursuant to authority granted by this section shall apply equally to residents and nonresidents of the State.". (10) Section 27 is amended, in subsection (a), by striking "July 1", and by inserting in lieu thereof "October 1". (11) Section 28 is amended, in subsection (a), by striking the first sentence thereof and by inserting, in lieu thereof, the following: "Notwithstanding the allocation ratios prescribed in section 27, the Federal funds allocated to any State in any fiscal year may not exceed fifty per centum of the total cost of that State's boating safety program in that year.". (12) Section 28 is further amended by adding a new subsection to read as follows: "(d) For the purposes of this section, the transition period of July 1, 1976, to September 30, 1976, shall be treated as a fiscal year.". Approved October 17, 1976.

LEGISLATIVE HISTORY: HOUSE REPORT No. 94-1578 (Comm. on Merchant Marine and Fisheries). CONGRESSIONAL RECORD, Vol. 122 (1976): Sept. 20, considered and passed House. Sept. 30, considered and passed Senate, amended. Oct. 1, House agreed to Senate amendments.

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Page:United States Statutes at Large Volume 90 Part 2.djvu/1023

 PUBLIC LAW 94-532—OCT. 17, 1976

90 STAT. 2491

Public Law 94-532 94th Congress An Act To study and provide enhanced protection for whales, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Whale Conservation and Protection Study Act". FINDINGS

SEC. 2. The Congress finds that— (1) whales are a unicjue resource of great aesthetic and scientific interest to mankind and are a vital part of the marine ecosystem; (2) whales have been overexploited by man for many years, severely reducing several species and endangering others; (3) the United States has extended its authority and responsibility to conserve and protect all marine mammals, including whales, out to a two hundred nautical mile limit by enactment of the Fishery (Conservation and Management Act of 1976 (Public Law 94^265); (4) the conservation and protection of certain species of whales, including the California gray, bowhead, sperm, and killer whale, are of particular interest to citizens of the United States; (5) increased ocean activity of all types may threaten the whale stocks found within the two hundred-mile jurisdiction of the United States and added protection of such stocks may be necessary; (6) there is inadequate knowledge of the ecology, habitat requirements, and population levels and dynamics of all whales found in waters subject to the jurisdiction of the United States; and (7) further study of such matters is required in order for the United States to carry out its responsibilities for the conservation and protection of marine mammals.

Oct. 17, 1976 [H.R. 15445] Whale Conservation and Protection Study Act 16 USC 917note. 16 USC 917.

Ante, p. 331. 16 USC 1801 note.

STUDY BY THE SECRETARY OF COMMERCE

SEC. 3. The Secr-^tary of Connnerce, in consultation with the Marine Mammal Commission and the coastal States, shall undertake comprehensive studies of all whales found in waters subject to the jurisdiction of the United States, including the fishery conservation zone as defined in section (3)(8) of the Fishery Conservation and Management Act (16 U.S.C. 1802(8)). Such studies shall take into consideration all relevant factors regarding (1) the conservation and protection of all such whales, (2) the distribution, migration patterns, and population dynamics of these mammals, and (3) the effects on all such whales of habitat destruction, disease, pesticides and other chemicals, disruption of migration patterns, and food shortages for the purpose of developing adequate and effective measures, including appropriate laws and regulations, to conserve and protect such mammals. The Secretary of Commerce shall report on such studies, together with such recommendations as he deems appropriate, including suggested legislation, to the Congress no later than January 1, 1980.

16 USC 917a.

Report to Congress.

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 90 STAT. 2492

PUBLIC LAW 94-532—OCT. 17, 1976 COOPERATION OF OTHER FEDERAL AGENCIES

16 USC 917b.

SEC. 4. All Federal agencies shall cooperate, to the fullest extent possible, with the Secretary of Commerce in preparing the study and recommendations required by section 3. INTERNATIONAL

16 USC 917c.

NEGOTIATIONS

SEC. 6. The Secretary of Commerce, through the Secretary of State, shall immediately initiate negotiations for the purpose of developing appropriate bilateral agreements with Mexico and Canada for the protection and conservation of whales. AUTHORIZATION OF APPROPRIATIONS

16 USC 917d.

SEC. 6. For the purpose of carrying out the provisions of this Act, there is hereby authorized to be appropriated a sum not to exceed $1,000,000 for fiscal years 1978 and 1979. Approved October 17, 1976.

LEGISLATIVE HISTORY: HOUSE REPORT No. 94-1574 (Comm. on Merchant Marine and Fisheries). CONGRESSIONAL RECORD, Vol. 122 (1976): Sept. 20, considered and passed House. Sept. 28, considered and passed Senate, amended. Oct. 1, House concurred in Senate amendments. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 12, No. 43: Oct. 18, Presidential statement.

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Page:United States Statutes at Large Volume 90 Part 2.djvu/1025

 PUBLIC LAW 94-533—OCT. 17, 1976

90 STAT. 2493

Public Law 94-533 94th Congress An Act To amend the District of Columbia Police and Firemen's Salary Act of 1958 to provide for the same cost-of-living adjustments in the basic compensation of officers and members of the United States Park Police force as are given to Federal employees under the General Schedule and to require submittal of a report on the feasibility and desirability of codifying the laws relating to the United States Park Police force.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, PURPOSE

1. The purpose of this Act is to insure that officers and members of the United States Park Police force are entitled to adjustments in basic compensation in the same overall percentage as are other Federal employees within the General Schedule under the Federal pay comparability system. SECTION

Oct. 17, 1976 [H.R. 15276]

D.C. U.S. Park Police, compensation, cost-of-living adjustment. D.C. Code 4-833 note. 5 USC 5332 note.

ADJUSTMENTS I N BASIC COMPENSATION OF OFFICERS AND MEMBERS OP THE PARK POLICE FORCE

SEC. 2. Section 501 of the District of Columbia Police and Firemen's Salary Act of 1958 (D.C. Code, sec. 4-833) is amended— (1) by striking out "The rates" and inserting in lieu thereof "(a) Except as provided in subsections (b) and (c), the rates" in lieu thereof, and (2) by adding at the end thereof the following new subsections: "(b)(1) Effective at the beginning at the first applicable pay period commencing on or after the first day of the month in which an adjustment takes effect under section 5305 of title 5, United States Code, in the rates of pay under General Schedule, the annual rate of basic compensation of officers and members of the United States Park Police force shall be adjusted by the Secretary of the Interior by an amount (rounded to the next highest multiple of $5) equal to the percentage of such annual rate of pay which corresponds to the overall percentage (as set forth in the applicable report transmitted to the Congress under such section 5305) of the adjustment made in the rates of pay under the General Schedule. "(2) No adjustment in the annual rate of basic compensation of such officers and members may be made except in accordance with paragraph (1). "(c) Any reference in any law to the salary schedule in section 101 of this Act with respect to officers and members of the United States Park Police force shall be considered to be a reference to such schedule as adjusted in accordance with subsection (b).".

89-194 O—78—pt. 2

65

D.C. Code 4-823.

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Page:United States Statutes at Large Volume 90 Part 2.djvu/1026

 90 STAT. 2494

PUBLIC LAW 94-533--OCT. 17, 1976 REPORT ON THE FEASIBILITY OF CODIFYING I ^ W S RELATING TO THE PARK POLICE

Report to Congress. D.C. Code 4-833 note; 16 USC 1 "°*®'

SEC. 3. The Secretary of the Interior shall submit to Congress not later than one year after the date of enactment of this Act a report on the feasibility and desirability of enacting as a part of the United States Code those provisions concerning the powers, duties, functions, salaries, and benefits of officers and members of the United States P a r k Police force which presently are contained in several statutes and are compiled in the District of Columbia Code. EFFECTIVE DATE

D.C. Code 4-833 note.

8EC. 4. The amendments made by this Act shall take effect on October 1, 1976. Approved October 17, 1976.

LEGISLATIVE HISTORY: HOUSE REPORT No. 94-1473 (Coram, on the District of Columbia). SENATE REPORT No. 94-1342 (Comm. on the District of Columbia). CONGRESSIONAL RECORD, Vol. 122 (1976): Sept. 13, considered and passed House. Oct. 1, considered and passed Senate.

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Page:United States Statutes at Large Volume 90 Part 2.djvu/1027

 PUBLIC LAW 94-534—OCT. 17, 1976

90 STAT. 2495

Public Law 94-534 94th Congress An Act To amend the Act of June 3, 1976, relating to the Commission on Security and Cooperation in Europe. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 7 of the Act entitled "An Act to establish a Commission on Security and Cooperation in Europe", approved June 3, 1976 (Public Law 94^304), is amended— (1) by inserting " (a) " immediately after "SEC. 7."; and (2) by adding at the end thereof the following new subsection: "(b) For purposes of section 502(b) of the Mutual Security Act of 1954, the Commission shall be deemed to be a standing committee of the Congress and shall be entitled to use funds in accordance with such sections.". Approved October 17, 1976.

LEGISLATIVE HISTORY: CONGRESSIONAL RECORD, Vol. 122 (1976): Sept. 30, considered and passed House. Oct. 1, considered and passed Senate.

Oct. 17, 1976 [H.R. 15813]'

Commission on Security and Cooperation in Europe. Ante, p. 662. 22 USC 3007. 22 USC 1754.

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Page:United States Statutes at Large Volume 90 Part 2.djvu/1028

 90 STAT. 2496

PUBLIC LAW 94-535—OCT. 17, 1976

Public Law 94-535 94th Congress An Act Oct. 17, 1976 [H.R. 13326]

Delta Queen. Certain vessel laws, exemption. 46 USC 369 note.

To extend until November 1, 1983, the existing exemption of the steamboat Delta Queen from certain vessel laws.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That the primary purpose of the amendment made by section 2 of this Act is to assure the continuity of operation of the overnight riverboat, the steamboat Delta Queen, by extending her existing exemption from the safety at sea laws. In order to assure the preservation of this historic and traditional piece of American folklore and life, such amendment will provide for the continued operation of the present steamboat Delta Queen. SEC. 2. The penultimate sentence of section 5(b) of the Act of May 27, 1936 (49 Stat. 1384, 46 U.S.C. 369(b)), as amended, is amended by striking out "November 1, 1978," and inserting in lieu thereof "November 1, 1983,". Approved October 17, 1976.

LEGISLATIVE HISTORY; HOUSE REPORT No. 94-1340 (Comm. on Merchant Marine and Fisheries). SENATE REPORT No. 94-1340 (Comm. on Commerce). CONGRESSIONAL RECORD, Vol. 122 (1976): July 19, considered and passed House. Oct. 1, considered and passed Senate. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 12, No. 43: Oct. 18, Presidential statement

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Page:United States Statutes at Large Volume 90 Part 2.djvu/1029

 PUBLIC LAW 94-536—OCT. 17, 1976

90 STAT. 2497

Public Law 94-536 94th Congress An Act To permit the steamship United States to be used as a floating hotel, and for other purposes. Be it enacted by the Senate and House of Representatives of the United' States of America in Congress assembled, That the first sentence of section 2 of Public Law 92-296 (86 Stat. 140) is amended by striking out the period at the end thereof and inserting the following: "or for use as a floating hotel in or on the navigable waters of the United States. Whenever the conditions set forth in section 902, the Merchant Marine Act of 1936, exist, the vessel may be requisitioned or purchased by the United States and just compensation for title or use, as the case may be, shall be paid in accordance with section 902 of the Merchant Marine Act, as amended (46 U.S.C. 1242).". Approved October 17, 1976.

LEGISLATIVE HISTORY: HOUSE REPORT No. 94-1339 (Coram, on Merchant Marine and Fisheries). CONGRESSIONAL RECORD, Vol. 122 (1976): July 19, considered and passed House. Oct. 1, considered and passed Senate.

Oct. 17, 197o_ [H.R. 13218] SS United States. Floating hotel, 46 USC 1160 "ot«46 USC 1242.

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Page:United States Statutes at Large Volume 90 Part 2.djvu/1030

 90 STAT. 2498

PUBLIC LAW 94-537—OCT. 18, 1976

Public Law 94-537 94th Congress An Act Oct. 18, 1976 [S. 3557]

Treaty of Friendship and Cooperation between the United States and Spain. Appropriation authorization. Ante, p. 765. 22 USC 2151 note. 22 USC 2311. 22 USC 2346. Ante, p. 22 USC Ante, p. 22 USC

732. 2347. 734; 2764.

22 USC 2370.

To authorize the obligation and expenditure of funds to implement for fiscal year 1977 the provisions of the Treaty of Friendship and Cooperation between the United States and Spain, signed at Madrid on January 24, 1976, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) in order to carry out the programs and activities provided for in the Treaty of Friendship and Cooperation between the United States of America and Spain, signed at Madrid on January 24, 1976, including its Supplementary Agreements and the exchange of notes related to those Supplementary Agreements (hereafter in this Act referred to as the "treaty"), of the amounts authorized to be appropriated for fiscal year 1977 under section 507 of the International Security Assistance and Arms Export Control Act of 1976, not to exceed the following amounts shall be available for obligation and expenditure to carry out the treaty: (1) For military assistance under chapter 2 of part II of the Foreign Assistance Act of 1961, $15,000,000. (2) For security supporting assistance under chapter 4 of part II of such Act, $7,000,000. (3) For international military education and training under chapter 5 of part II of such Act, $2,000,000. (4) For guaranties under section 24 of the Arms Export Control Act, $12,000,000. (b) Subsection (b) of section 507 of the International Security Assistance and Arms Export Control Act of 1976 shall not apply with respect to the obligation or expenditure of funds appropriated under such section to carry out the treaty. SEC. 2. (a) Except as provided in subsection (b), foreign assistance and military sales activities carried out pursuant to the treaty shall be conducted in accordance with provisions of law applicable to foreign assistance and military sales programs of the United States. (b) Section 620(m) of the Foreign Assistance Act of 1961 shall not apply with respect to the programs and activities described in subsection (a). (c) In carrying out the provisions of article VI of Supplementary Agreement Number 7 (relating to modernizing, semiautomating, and maintaining the aircraft control and warning network in Spain), the United States contribution of not to exceed $50,000,000 shall be financed from Department of Defense appropriations available for that purpose. (d) This Act satisfies the requirements of section 7307 of title 10 of the United States Code with respect to the transfer of naval vessels pursuant to Supplementary Agreement Number 7.

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Page:United States Statutes at Large Volume 90 Part 2.djvu/1031

 PUBLIC LAW 94-537—OCT. 18, 1976

90 STAT. 2499

(e) In order to carry out the provisions of article X of Supplementary Agreement Number 7 (relating to lease and purchase of aircraft), the proceeds from the lease of aircraft to Spain under that article shall be available only for appropriation for the purchase of aircraft by the United States for the purposes of that article. SEC. 3. The authorities contained in this Act shall become effective Effective date, only upon such date as the treaty enters into force and shall continue in effect only so long as the treaty remains in force. Approved October 18, 1976.

LEGISLATIVE HISTORY: HOUSE REPORTS: No. 94-1393 accompanying H.R. 14940 (Comm. on International Relations) and No. 94-1704 (Comm. of Conference). SENATE REPORT No. 94-941 (Comm. on Foreign Relations). CONGRESSIONAL RECORD, Vol. 122 (1976): June 18, considered and passed Senate. Sept. 14, considered and passed House, amended, in lieu of H.R. 14940. Sept. 30, House agreed to conference report. Oct. 1, Senate agreed to conference report.

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Page:United States Statutes at Large Volume 90 Part 2.djvu/1032

 90 STAT. 2500

PUBLIC LAW 94-538—OCT. 18, 1976

Public Law 94-538 94th Congress An Act Oct. 18, 1976 [S. 2533]

R.E. "Bob" Woodruff Lake, Ala. Designation.

To provide that the lake formed by the lock and dam referred to as the "Jones Bluff lock and dam" on the Alabama River, Alabama, shall hereafter be known as the R. E. "Bob" Woodruff Lake.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in honor of late Probate Judge K. E. "Bob" Woodruff, of Lowndes County, Alabama, and in recognition of his long and outstanding service to his county. State, and Nation, the lake formed by the Jones Bluff lock and dam on the Alabama River, Alabama, shall hereafter be known and designated as the E.. E. "Bob" "Woodruff Lake. Any law, regulation, map, or record of the United States in which such lake is referred to shall be held and considered to refer to such lake by the name of the R. E. "Bob" Woodruff Lake. Approved October 18, 1976.

LEGISLATIVE HISTORY: HOUSE REPORT No. 94-1697 accompanying H.R. 10811 (Coram, on Public Works and Transportation). SENATE REPORT No. 94-483 (Coram, on Public Works), CONGRESSIONAL RECORD: Vol. 121 (1975): Dec. 1, considered and passed Senate. Vol. 122 (1976): Oct. 1, considered and passed House.

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Page:United States Statutes at Large Volume 90 Part 2.djvu/1033

 PUBLIC LAW 94-539—OCT. 18, 1976

90 STAT. 2501

Public Law 94-539 94th Congress An Act To authorize the establishment of the Eugene O'Neill National Historic Site, to provide for a cooperative agreement in the operation of the Cherokee Strip Living Museum and for other purposes.

Oct. 18, 1976 [S. 2398]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary Eugene O'Neill of the Interior is hereby authorized to accept the donation of, or pur- National Historic chase with funds donated for the acquisition of, all or any part of the Site, Calif. property (comprising approximately fourteen acres) and improve- Designation. note. 16 USC 461 ments thereon at Danville, California, formerly owned by Eugene O'Neill. Such property is hereby designated as the Eugene O'Neill National Historic Site in commemoration of the contribution of Eugene O'Neill to American literature and drama. SEC. 2. The national historic site established pursuant to this Act if acquired by the Secretary of the Interior shall be administered by him in accordance with the provisions of the Act of August 25, 1916 (39 Stat. 535), as amended and supplemented, and the Act of 43 USC 1457. August 21, 1935 (49 Stat, 666), as amended, as a memorial to Eugene 16 USC 1. O'Neill and a park for the performing arts and related educational programs. Whether acquired or not, the Secretary of the Interior is authorized directly or by means of cooperative agreements with the Eugene O'Neill Foundation, Tao House, to preserve, interpret, restore, program, adapt for public use and/or provide technical assistance for the Eugene O'Neill National Historic Site in accordance with the provisions of this Act: Provided, That prior to entering into any cooper- eooperative ative agreement the Secretary shall transmit a copy of the proposed agreement and agreement together with a report explaining the reasons for the agree- report, ment to the Committees on Interior and Insular Affairs of the Senate transmittal to congressional and House of Representatives. committees. TITLE II SEC. 201. The Secretary of the Interior is authorized to accept, subject to the consummation of the cooperative agreement referred to in Section 202, the donation of the Cherokee Strip Living Museum in Arkansas City, Kansas, and may administer such museum in accordance with such authorities as are available to him. SEC. 202. The Secretary may enter into a cooperative agreement with any responsible and competent organization satisfactory to him for

eherokee Strip Living Museum, Kans.

Cooperative agreement.

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Page:United States Statutes at Large Volume 90 Part 2.djvu/1034

 90 STAT. 2502

PUBLIC LAW 94-539—OCT. 18, 1976 the management and operation of the museum, and is authorized to render such technical advice and operating assistance as he may deem appropriate, the conditions of which are to be provided for in the cooperative agreement. ' Approved October 18, 1976.

LEGISLATIVE HISTORY: HOUSE REPORT No. 94-1681 accompanying H.R. 9126 (Comm. on Interior and Insular Affairs). SENATE REPORT No. 94-809 (Comm. on Interior and Insular Affairs). CONGRESSIONAL RECORD, Vol 122(1976): May 13, considered and passed Senate. Sept. 27, considered and passed House, amended, in lieu of H.R. 9126. Oct. 1, Senate agreed to House amendments with an amendment; House agreed to Senate amendment with an amendment; Senate concurred in House amendment. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol 12, No. 43: Oct. 19, Presidential statement.

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Page:United States Statutes at Large Volume 90 Part 2.djvu/1035

 PUBLIC LAW 94-540—OCT. 18, 1976

90 STAT. 2503

Public Law 94-540 94th Congress An Act To provide for the disposition of funds appropriated to pay a judgment in favor of the Grand River Band of Ottawa Indians in Indian Claims Commission docket numbered 40-K, and for other purposes.

Oct. 18, 1976 [S. 1659]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, notwithstand- Grand River ing any other provision of law, the funds appropriated by the Act of Band of Ottawa Indians. October 21, 1968 (82 Stat. 1190, 1198), to pay a judgment to the Grand Judgment funds. River Band of Ottawa Indians in Indian Claims Commission docket numbered 40-K, together with any interest thereon, after payment of attorney fees and litigation expenses and such expenses as may be necessary in effecting the provisions of this Act, shall be distributed as provided herein. SEC. 2. The Secretary of the Interior shall prepare a roll of all Requirements, persons of Grand River Band of Ottawa Indian blood who meet the following requirements for eligibility: (a) they were born on or prior to and were living on the date of this Act; and (b) their name or the name of a lineal ancestor from whom they claim eligibility appears as a Grand River Ottawa on the Ottawa and Chippewa Tribe of Michigan, Durant Roll of 1908, approved by the Secretary of the Interior, February 18, 1910, or on any available census rolls or other records acceptable to the Secretary of the Interior; (c) who possess Grand River Ottawa Indian blood of the degree or one-fourth or more; and (d) are citizens of the United States. SEC. 3. Applications for enrollment must be filed with the Great Applications. Lakes Agency of the Bureau of Indian Affairs at Ashland, Wisconsin, in the manner and within the time limits prescribed for that purpose. The determination of the Secretary of the Interior regarding the eligibility of an applicant shall be final. SEC. 4. The judgment funds shall be distributed per capita to the Distribution, persons whose names appear on the roll prepared in accordance with section 2 of this Act. SEC. 5. Sums payable to adult living enrollees or to adult heirs or legatees of deceased enrollees shall be paid directly to such persons. Sums payable to enrollees or their heirs or legatees who are less than eighteen years of age or who are under legal disability shall be paid in accordance with such procedures, including the establishment of trustees, as the Secretary of the Interior determines appropriate to protect the best interests of such persons.

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Page:United States Statutes at Large Volume 90 Part 2.djvu/1036

 90 STAT. 2504 Income tax, exemption.

Rules and regulations.

PUBLIC LAW 94-540—OCT. 18, 1976 SEC. 6. None of the funds distributed per capita or held in trust under the provisions of this Act shall be subject to Federal or State income taxes, nor shall such funds or their availability be considered as income or other resources or otherwise utilized as the basis for denying or reducing the financial assistance or other benefits to which such household or member would otherwise be entitled to under the Social Security Act or any other Federal or federally assisted program. SEC. 7. The Secretary of the Interior is authorized to prescribe rules and regulations to carry out the provisions of this Act. Approved October 18, 1976.

LEGISLATIVE HISTORY: SENATE REPORT No. 94-577 (Comm. on Interior and Insular Affairs). CONGRESSIONAL RECORD: Vol. 121 (1975): Dec. 19, considered and passed Senate. Vol. 122 (1976): Oct. 1, considered and passed House.

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Page:United States Statutes at Large Volume 90 Part 2.djvu/1037

 PUBLIC LAW 94-541—OCT. 18, 1976

90 STAT. 2505

Public Law 94-541 94th Congress An Act To amend the Public Buildings Act of 1959 m order to preserve buildings of historical or architectural significance through their use for Federal public building purposes, and to amend the Act of August 12, 1968, relating to the accessibility of certain buildings to the physically handicapped.

Be it enacted by the Senate and House of Representatives of the United /States of America In Congress assembled, TITLE I

Oct. 18, 1976 [S. 865]

Public buildings. Historical and architectural preservation. Public Buildings Cooperative Use Act of 1976. 40 USC 601 note. 40 USC 601a.

SLC. 101. This title may be cited as the "Public Buildings Cooperative Use Act of 1976"'. SKC. 102. (a) In order to carry out his duties under this title and under any other authority with respect to constructing, operating, maintaining, altering, and otherwise managing or acquiring space necessary for the accommodation of Federal agencies and to accomprsh the puiposes of this title, the Administrator shall— (1) acquire and utilize space in suitable buildings of historic, architectural, or cultural significance, unless use of such space would not prove feasible and prudent compared with available alternatives; (2) encourage the location of commercial, cultural, educational, and recreational facilities and activities within public buildings; (3) provide and maintain space, facilities, and activities, to the extent practicable, which encourage public access to and stinmlate public pedestrian traffic around, into, and through public buildings, permitting cooperative improvements to and uses of the area between the building and the street, so that such activities complement and supplement commercial, cultural, educational, and recreational resources in the neighborhood of public buildings; and (4) encourage the public use of public buildings for cultural, educational, and recreational activities. (b) In carrying out his duties under subsection (a) of this section, the Administrator shall consult with Governors, areawide agencies establislied pursuant to title II of the Demonstration Cities and Metropolitan Development Act of 1966 and title IV of the Inter- 42 USC 3331. governmental Cooperation Act of 1968, and chief executive officers of 42 USC 4231. those units of general local government in each area served by an existing or proposed public building, and shall solicit the comments of such other community leaders and members of the general public as he deems appropriate. SEC. 103. The Public Buildings Act of 1959 is amended— (1) by striking out at the end of section 7(a)(3) the word 40 USC 606. "buildings;" and inserting in lieu thereof "buildings, especially such of those buildings as enhance the architectural, historical, social, cultural, and economic environment of the locality;"; (2) by striking out "and" at the end of section 7(a)(4), by redesignating section 7(a)(5) as section 7(a)(6), and by inserting the following new section 7(a)(5):

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Page:United States Statutes at Large Volume 90 Part 2.djvu/1038

 90 STAT. 2506

40 USC 611.

Post, p. 2507.

40 USC 490.

PUBLIC LAW 94-541—OCT. 18, 1976 " (5) a statement by the Administrator of the economic and other justifications for not acquiring or purchasing a building or buildings identified to the Administrator pursuant to section 12(c) of this Act as suitable for the public building needs of the Federal Government; and"; and (3) by redesignating section 12(c) and section 12(d) and all references thereto as section 12(d) and section 12(e), respectively, and by inserting after section 12(b) the following new section 12(c): "(c) Whenever the Administrator undertakes a survey of the public buildings needs of the Federal Government within a geographical area, he shall request that, within sixty days, the Advisory Council on Historic Preservation established by title II of the Act of October 15, 1966 (16 U.S.C. 470i), identify any existing buildings within such geographical area that (1) are of historic, architectural, or cultural significance (as defined in section 105 of the Public Buildings Cooperative Use Act of 1976) and (2) would be suitable, whether or not in need of repair, alteration, or addition, for acquisition or purchase to meet the public buildings needs of the Federal Government". SEC. 104. (a) Section 210(a) of the Federal Property and Administrative Services Act of 1949 is amended by striking out "and" at the end of paragraph (14)^ by striking out the period at the end of paragraph (15) and inserting in lieu thereof a semicolon, and by adding after such paragraph the following new paragraphs: "(16) to enter into leases of space on major pedestrian access levels and courtyards and rooftops of any public building with persons, firms, or organizations engaged in commercial, cultural, educational, or recreational activities (as defined in section 105 of the Public Buildings Cooperative Use Act of 1976). The Administrator shall establish a rental rate for such leased space equivalent to the prevailing commercial rate for comparable space devoted to a similar purpose in the vicinity of the public building. Such leases may be negotiated without competitive bids, but shall contain such terms and conditions and be negotiated pursuant to such procedures as the Administrator deems necessary to promote competition and to protect the public interest; "(^17) to make available, on occasion, or to lease at such rates and on such other terms and conditions as the Administrator deems to be in the public interest, auditoriums, meeting rooms, courtyards, rooftops, and lobbies of public buildings to persons, firms, or organizations engaged in cultural, educational, or recreaational activities (as defined in section 105 of the Public Buildings Cooperative Use Act of 1976) that will not disrupt the operation of the building; "(18) to deposit into the fund established by subsection (f) of this section all sums received under leases or rentals executed pursuant to paragraphs (16) and (17) of this subsection, and each sum shall be credited to the appropriation made for such fund applicable to the operation of such building; and "(19) to furnish utilities, maintenance, repair, and other services to persons, firms, or organizations leasing space pursuant to paragraphs (16) and (17) of this subsection. Such services may be provided during and outside of regular working hours of Federal agencies.", (b) The Federal Property and Administrative Services Act of 1949 is amended by adding at the end of section 210(e) the following: "The Administrator shall, where practicable, give priority in the assignment of space on any major pedestrian access level not leased under the

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Page:United States Statutes at Large Volume 90 Part 2.djvu/1039

 PUBLIC LAW 94-541—OCT. 18, 1976

90 STAT. 2507

terms of subsection (a) (16) or (a) (17) of this section in such buildings to Federal activities requiring regular contact with members of the public. To the extent such space is unavailable, the Administrator shall provide space with maximum ease of access to building entrances.". SEC. 105. As used in this title and in the amendments made by this Definitions, titles

40 USC 612a.

(1) The term "Administrator" means the Administrator of General Services. (2) The terms "public building" and "Federal agency" have the same meaning as is given them in the Public Buildings Act of 1959. (3) The term "unit of general local government" means any city, county, town, parish, village, or other general purpose political subdivision of a State. (4) The term "historical, architectural, or cultural significance" inchides, but is not limited to, buildings listed or eligible to be listed on the National Register established under section 101 of the Act of October 15, 1966 (16 U.S.C. 470a). (5) The term "commercial activities" includes, but is not limited to, the operations of restaurants, food stores, craft stores, dry goods stores, financial institutions, and display facilities. (6) The term "cultural activities" includes, but is not limited to, film, dramatic, dance, and musical presentations, and fine art exhibits, whether or not such activities are intended to make a profit. (7) The term "educational activities" includes, but is not limited to, the operations of libraries, schools, day care centers, laboratories, and lecture and demonstration facilities. (8) The term "recreational activities" includes, but is not limited to, the operations of gymnasiums and related facilities.

' '''^

TITLE II SEC. 201. The Act entitled "An Act to insure that certain buildings financed with Federal funds are so designed and constructed as to be accessible to the physically handicapped", approved August 12, 1968 (42 U.S.C. 4151^156), is amended as follows: (1) The first section is amended by inserting after "structure" the following: "not leased by the Government for subsidized housing programs"; and by striking out in paragraph (2) the following: "after construction or alteration in accordance with plans and specifications of the United States". (2) Section 2 is amended— (A) by striking out "is authorized to prescribe such" and inserting in lieu thereof "shall prescribe"; (B) i3y striking out "as may be necessary to insure" and inserting in lieu thereof "to insure whenever possible"; and (C) by inserting immediately after "Department of Defense" the following: "and of the United States Postal Service". (3) Section 3 is amended— (A) hj^ striking out "is authorized to prescribe such" and inserting in lieu thereof "shall prescribe"; and (B) by striking out "as may be necessary to insure" and inserting in lieu thereof "to insure whenever possible". (4) Section 4 is amended— (A) by striking out "is authorized to prescribe such" and inserting in lieu thereof "shall prescribe"; and (B) by striking out "as may be necessary to insure" and inserting in lieu thereof "to insure whenever possible".

42 USC 4151.

42 USC 4152.

42 USC 4153.

42 USC 4154.

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Page:United States Statutes at Large Volume 90 Part 2.djvu/1040

 90 STAT. 2508 42 USC 4154a.

42 USC 4156.

Report to Congress. 42 USC 4157.

Report to congressional committees. 29 USC 792.

42 USC 4151 note.

PUBLIC LAW 94-541—OCT. 18, 1976

(5) Immediately after section 4 insert the following new section: "SEC. 4a. The United States Postal Service, in consultation with the Secretary of Health, Education, and Welfare, shall prescribe such standards for the design, construction, and alteration of its buildings to insure whenever possible that physically handicapped persons will have ready access to, and use of, such buildings.". (6) Section 6 is amended— (A) by inserting immediately after "section 4 of this Act," the following: "and the United States Postal Service with respect to standards issued under section 4a of this Act"; (B) by striking out "is authorized"; (C) by inserting immediately after " (1) " the following: "is authorized"; and (D) by striking out all that follows " (2) " and inserting in lieu thereof "shall establish a system of continuing surveys and investigations to insure compliance with such standards.". (7) By adding at the end thereof the following new section: "SEC. 7. (a) The Administrator of General Services shall report to Congress during the first week of January of each year on his activities and those of other departments, agencies, and instrumentalities of the Federal Government under this Act during the preceding fiscal year including, but not limited to, standards issued, revised, amended, or repealed under this Act and all case-by-case modifications, and waivers of such standards during such year. "(b) The Architectural and Transportation Barriers Compliance Board established by section 502 of the Rehabilitation Act of 1973 (Public Law 93-112) shall report to the Public Works and Transportation Committee of the House of Representatives and the Public Works Committee of the Senate during the first week of January of each year on its activities and actions to insure compliance with the standards prescribed under this Act.". SEC. 202. The amendment made by paragraph (1) of section 201 of this Act shall not apply to any lease entered into before January 1, 1977. It shall apply to every lease entered into on or after January 1, 1977, including any renewal of a lease entered into before such aate which renewal is on or after such date. SEC. 203. Section 410(b) of title 39, United States Code, is amended by adding at the end thereof the following: "(8) The provisions of the Act of August 12, 1968 (42 U.S.C. 4151-4156).". Approved October 18, 1976. LEGISLATIVE HISTORY: HOUSE REPORTS: No. 94-1584, pt. 1 (Comm. on Public Works and Transportation) and No. 94-1584, pt. 2 accompanying H.R. 15134 (Comm. on Government Operations). SENATE REPORT No. 94-349 (Comm. on Public Works). CONGRESSIONAL RECORD: Vol. 121 (1975): Aug. 1, considered and passed Senate. Vol. 122 (1976): Sept. 29, considered and passed House, amended, in lieu of H.R. 15134. Oct. 1, Senate concurred in House amendment.

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Page:United States Statutes at Large Volume 90 Part 2.djvu/1041

 PUBLIC LAW 94-542—OCT. 18, 1976

90 STAT. 2509

Public Law 94-542 94th Congress An Act To amend the International Claims Settlement Act of 1949 to provide for the determination of the validity and amounts of claims of nationals of the United States against the German Democratic Republic.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the International Claims Settlement Act of 1949, as amended, is amended byadding at the end thereof the following new title: "TITLE VI "PURPOSE or

Oct. 18. 1976 [S. 3621]

International Claims Settlement Act of 1949, amendments.

TITLE

"SEC. 600. It is the purpose of this title to provide for the determination of the validity and amounts of outstanding claims against the German Democratic Republic which arose out of the nationalization, expropriation, or other taking of (or special measures directed against) property interests of nationals of the United States. This title shall not be construed as authorizing or as any intention to authorize an appropriation by the United States for the purpose of paying such claims.

22 USC 1644.

"DEFINITIONS

"SEC. 601. As used in this title— "(1) The term 'national of the United States' means— "(a) a natural person who is a citizen of the United States; "(b) a corporation or other legal entity which is organized under the laws of the United States or of any State, the District of Columbia, or the Commonwealth of Puerto Eico, if natural persons who are citizens of the United States own, directly or indirectly, 50 per centum or more of the outstanding capital stock or other beneficial interest of such corporation or entity. The term does not include aliens. "(2) The term 'Commission' means the Foreign Claims Settlement Commission of the United States. "(3) The term 'property' means any property, right, or interest, including any leasehold interest, and debts owed by enterprises which have been nationalized, expropriated, or taken by the German Democratic Republic for which no restoration or no adequate compensation has been made to the former owners of such property. "(4) The term 'German Democratic Republic' includes the government of any political subdivision, agency, or instrumentality thereof or under its control. "(5) The term 'Claims Fund' is the special fund established in the Treasury of the United States composed of such sums as may be paid to the United States by the German Democratic Republic pursuant to the terms of any agreement settling such claims that may be entered into by the Governments of the United States and the German Democratic Republic.

89-194 O—78—pt. 2

66

22 USC 1644a.

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Page:United States Statutes at Large Volume 90 Part 2.djvu/1042

 90 STAT. 2510

PUBLIC LAW 94-542—OCT. 18, 1976 ii

RECEIPT AND DETERMINATION OF CLAIMS

"SEC. 602. The Commission shall receive and determine in accordance with applicable substantive law, including international law, the validity and amounts of claims by nationals of the United States against the German Democratic Republic for losses arising as a result of the nationalization, expropriation, or other taking of (or special measures directed against) property, including any rights or interests therein, owned wholly or partially, directly or indirectly, at the time by nationals of the United States whether such losses occurred in the Publication in German Democratic Republic or in East Berlin. Such claims must be Federal Register. submitted to the Commission within the period speciified by the Commission by notice published in the Federal Register (which period shall not be more than twelve months after such publication) within sixty days after the enactment of this title or of legislation making appropriations to the Commission for payment of administrative expenses incurred in carrying out its functions under this title, whichever date is later. 22 USC 1644b.

u.OWNERSHIP OF CLAIMS

22 USC 1644c.

"SEC. 603. A claim shall not be favorably considered under section 602 of this title unless the property right on which it is based was owned, wholly or partially, directly or indirectly, by a national of the United States on the date of loss and if favorably considered, the claim shall be considered only if it has been held by one or more nationals of the United States continuously from the date that the loss occurred until the date of filing with the Commission. CORPORATE CLAIMS

22 USC 1644d.

"SEC. 604. (a) A claim under section 602 of this title based upon an ownership interest in any corporation, association, or other entity which is a national of the United States, shall not be considered. A claim under section 602 of this title based upon a debt or other obligation owing by any corporation, association, or other entity organized under the laws of the United States, or of any State, the District of Columbia, or the Commonwealth of Puerto Rico shall be considered only when such debt or other obligation is a charge on property which has been nationalized, expropriated, or taken by the German Democratic Republic. "(b) A claim under section 602 of this title based upon a direct ownership interest in a corporation, association, or other entity for loss, shall be considered subject to the provisions of this title, if such corporation, association or other entity on the date of the loss was not a national of the United States, without regard to the per centum of ownership vested in the claimant. "(c) A claim under section 602 of this title for losses based upon an indirect ownership interest in a corporation, association, or other entity, shall be considered, subject to the other provisions of this title, only if at least 25 per centum of the entire ownership interest thereof, at the time of such loss, was vested in nationals of the United States. "(d) The amount of any claim covered by subsections (b) or (c) of this section shall be calculated on the basis of the total loss suffered by such corporation, association, or other entity, and shall bear the same proportion to such loss as the ownership interest of the claimant at the time of loss bears to the entire ownership interest thereof.

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 PUBLIC LAW 94-542—OCT. 18, 1976

90 STAT. 2511

"OFFSETS

"SEC. 605. In determining the amount of any claim, the Commission shall deduct all amounts the claimant has received from any source on account of the same loss or losses, including any amount claimant received under section 202(a) of the War Claims Act of 1948, as amended, for losses which occurred as a direct consequence of special measures directed against such property in any area covered under this title. ((CONSOLIDATED AWARDS

22 USC 1644e.

50 USC app. 2017a.

"SEC. 606. With respect to any claim under section 602 of this title 22 USC 1644f. which, at the time of the award, is vested in persons other than the person by whom the original loss was sustained, the Commission shall issue a consolidated award in favor of all claimants then entitled thereto, which award shall indicate the respective interests of such claimants therein, and all such claimants shall participate, in proportion to their indicated interests, in any payments that may be made under this title in all respects as if the award had been in favor of a single person. "CLAIMS FUND

"SEC. 607. (a) The Secretary of the Treasury is hereby authorized to Establishment. establish in the Treasury of the United States a fund to be designated 22 USC 1644g. the Claims Fund as defined under section 601(5) for the payment of unsatisfied claims of nationals of the United States against the German Democratic Republic as authorized in this title. " (b) The Secretary of the Treasury shall deduct from any amounts covered into the Claims Fund, an amount equal to 5 per centum thereof as reimbursement to the Government of the United States for expenses incurred by the Commission and by the Treasury Department in the administration of this title. The amounts so deducted shall be covered into the Treasury to the credit of miscellaneous receipts. u AWARD PAYMENT PROCEDURES

"SEC. 608. (a) The Commission shall certify to the Secretary of the 22 USC 1644,h. Treasury, in terms of United States currency, each award made pursuant to section 602 of this title. " (b) Upon certification of such award, the Secretary of the Treasury is authorized and directed, out of the sums covered into the Claims Fund, to make payments on account of such awards as follows, and in the following order of priority: "(1) payment in full of the principal amount of each award of $1,000 or less; "(2) payment in the amount of $1,000 on account of the principal amount of each award of more than $1,000 in principal amount; "(3) thereafter, payments from time to time, in ratable proportions, on account of the unpaid balance of the principal amounts of all awards according to the proportions which the unpaid balance of such awards bear to the total amount in the fund available for distribution at the time such payments are made; "(4) after payment has been made in full of the principal amounts of all awards, pro rata payments may be made on account of any interest that may be allowed on such awards;

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Page:United States Statutes at Large Volume 90 Part 2.djvu/1044

 90 STAT. 2512

PUBLIC LAW 94-542—OCT. 18, 1976 "(5) payments or applications for payments shall be made in accordance with such regulations as the Secretary of the Treasury may prescribe. "SETTLEMENT

22 USC 1644i.

PERIOD

"SEC. 609. The Commission shall complete its affairs in connection with the settlement of claims pursuant to this title not later than three years following the final date for the filing of claims as provided in section 602 of this title. "TRANSFER or RECORDS

22 USC 1644J.

"SEC. 610. The Secretary of State is authorized and directed to transfer or otherwise make available to the Commission such records and documents relating to claims authorized by this title as may be required by the Commission in carrying out its functions under this title. APPROPRIATIONS

22 USC 1644k.

"SEC. 611. There are hereby authorized to be appropriated such sums as may be necessary to enable the Commission and the Treasury Department of pay their respective administrative expenses incurred in carrying out their functions under this title. ((FEES

22 USC 1644Z.

FOR SERVICES

"SEC. 612. No remuneration on account of services rendered on behalf of any claimant, in connection with any claim filed with the Commission under this title, shall exceed 10 per centum of the total amount paid pursuant to any award certified under the provisions of this title on account of such claims. Any agreement to the contrary shall be unlawful and void. Whoever, in the United States or elsewhere demands or receives, on account of services so rendered, any remuneration in excess of the maximum permitted by this section shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not more than $5,000 or imprisoned not more than twelve months, or both. a APPLICATION o r OTHER LAWS

22 USC 1644m. 22 USC 1623, 1626.

"SEC. 613. To the extent they are not inconsistent with the provisions of this title, the following provisions of title I of the Act shall be applicable to this title: subsections (b), (c), (d), (e), (h),and (j) of section 4; subsections (c), (d), (e), and (f) of section 7. 'SEPARABILITY

22 USC 1644 note.

"SEC. 614. If any provisions of this Act or the application thereof to any person or circumstances shall be held invalid, the remainder of the Act or the application of such provision to other persons or circumstances shall not be affected. 'PROTESTS

22 USC 1623 note. 50 USC app. 20171, 2017J. 50 USC app. 2001 note. 5 USC app. II, 22 u s e 1622 note.

"SEC. 615. Notwithstanding the provision of sections 210 and 211 of the War Claims Act of 1948 (Act of July 3, 1948), as amended by Public Law 87-846, the Foreign Claims Settlement Commission established by Reorganization Plan No. 1 of 1954 (68 Stat. 1279) is authorized and directed to receive and consider protests relating to awards made by the Commission during the ten calendar days immediately

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Page:United States Statutes at Large Volume 90 Part 2.djvu/1045

 PUBLIC LAW 94-542—OCT. 18, 1976

90 STAT. 2513

preceding the expiration of the Commission's mandate to make such awards on May 17, 1967. Any such protests must be filed within ninety Publication in days after notice of the enactment of this provision is filed with and Federal Register. published in the Federal Register, which shall take place within thirty da^s of enactment. Such protests may include the submission of new evidence not previously before the Commission, and shall be acted upon within thirty days after receipt by the Commission. The Commission may modify awards made during the subject period in accordance with the procedures established by the War Claims Act of 1948, and any 50 USC app. increases in awards determined to be appropriated by the Commission 2001 note, shall be certified to and paid by the Secretary of the Treasury out of funds which are now or may hereafter become available in the War Claims Fund in accordance with section 213 of the Act.". 50 USC app. 2017/.

Approved October 18, 1976.

LEGISLATIVE HISTORY: SENATE REPORT No. 94-1188 (Comm. on Foreign Relations). CONGRESSIONAL RECORD, Vol. 122 (1976): Sept. 17, considered and passed Senate. Sept. 30, considered and passed House.

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Page:United States Statutes at Large Volume 90 Part 2.djvu/1046

 90 STAT. 2514

PUBLIC LAW 94-543—OCT. 18, 1976

Public Law 94-543 94th Congress An Act Oct. 18, 1976 [S. 3063]

Ozark-Jeta Taylor Lock and Dam, Ark. Designation. 60 Stat. 634.

Designating Ozark Lock and Dam on the Arkansas River as the "Ozark-Jeta Taylor Lock and Dam". Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Ozark Lock and Dam, Arkansas Eiver, Arkansas, authorized by the Elvers and Harbors Act of 1946 approved July 24, 1946, shall hereafter be known as the Ozark-Jeta Taylor Lock and Dam, and any law, regulation, document, or record of the United States in which such project is designated or referred to shall be held to refer to such project under and by the name of "Ozark-'Jeta Taylor Lock and Dam". Approved October 18, 1976.

LEGISLATIVE HISTORY: SENATE REPORT No. 94-921 (Comm. on Public Works). CONGRESSIONAL RECORD, Vol. 122 (1976): June 10, considered and passed Senate. Oct. 1, considered and passed House.

/

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 PUBLIC LAW 94-544—OCT. 18, 1976

90 STAT. 2515

Public Law 94-544 94th Congress An Act To designate certain lands in the Point Reyes National Seashore, California, as wilderness, amending the Act of September 13, 1962 (76 Stat. 538), as amended (16 U.S.C. 459c-6a), and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, in furtherance of the purposes of the Point Reyes National Seashore Act (76 Stat. 538; 16 U.S.C. 459c), and of the Wilderness Act (78 Stat. 890; 16 U.S.C. 1131-36), and in accordance with section 3(c) of the Wilderness Act, the following lands within the Point Reyes National Seashore are hereby designated as wilderness, and shall be administered by the Secretary of the Interior in accordance with the applicable provisions of the Wilderness Act: those lands comprising twenty-five thousand three hundred and seventy acres, and potential wilderness additions comprising eight thousand and three acres, depicted on a map entitled "Wilderness Plan, Point Reyes National Seashore", numbered 612-90,000-B and dated September 1976, to be known as the Point Reyes Wilderness. SEC. 2. As soon as practicable after this Act takes effect, the Secretary of the Interior shall file a map of the wilderness area and a description of its boundaries with the Interior and Insular Affairs Committees of the United States Senate and House of Representatives, and such map and descriptions shall have the same force and effect as if included in this Act: Provided, however, That correction of clerical and typographical errors in such map and descriptions may be made. SEC. 3. The area designated by this Act as wilderness shall be administered by the Secretary of the Interior in accordance with the applicable provisions of the Wilderness Act governing areas designated by that Act as wilderness areas, except that any reference in such provisions to the effective date of this Act, and, where appropriate, any reference to the Secretary of Agriculture, shall be deemed to be a reference to the Secretary of the Interior. SEC. 4. (a) Amend the Act of September 13, 1962 (76 Stat. 538), as amended (16 U.S.C. 459c-6a), as follows: In section 6(a) insert immediately after the words "shall be administered by the Secretary," the words "without impairment of its natural values, in a manner which provides for such recreational, educational, historic preservation, interpretation, and scientific research opportunities as are consistent with, based upon, and supportive of the maximum protection, restoration, and preservation of the natural environment within the area,". (b) Add the following new section 7 and redesignate the existing section 7 as section 8: "SEC. 7. The Secretary shall designate the principal environmental education center within the seashore as 'The Clem Miller Environ-

Oct. 18, 1976 [H.R. 8002]

Point Reyes National Seashore, Calif. Certain lands designated as wilderness areas. 16 USC 1132 note. 16 USC 1132. 16 USC 1131 note.

Map and description, filing with congressional committees.

Administration.

16 USC 459c-6.

16 USC 459c-7. The Clem Miller Environmental Education Center, designation. 16 USC 459c-6a.

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Page:United States Statutes at Large Volume 90 Part 2.djvu/1048

 90 STAT. 2516

PUBLIC LAW 94-544—OCT. 18, 1976 mental Education Center', in commemoration of the vision and leadership which the late Representative Clem Miller gave to the creation and protection of Point Eeyes National Seashore.". Approved October 18, 1976.

LEGISLATIVE HISTORY: HOUSE REPORT No. 94-1680 (Comm. on Interior and Insular Affairs). CONGRESSIONAL RECORD, Vol. 122 (1976): Sept. 29, considered and passed House. Oct. 1, considered and passed Senate. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 12, No. 43: Oct. 19, Presidential statement.

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 PUBLIC LAW 94-545—OCT. 18, 1976

90 STAT. 2517

Public Law 94-545 94th Congress An Act To authorize the establishment of the Congaree Swamp National Monument in the State of South Carolina, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in order to preserve and protect for the education, inspiration, and enjoyment of present and future generations an outstanding example of a near-virgin southern hardwood forest situated in the Congaree River floodplain in Richland County, South Carolina, there is hereby established the Congaree Swamp National Monument (hereinafter referred to as the "monument"). The monument shall consist of the area within the boundary as generally depicted on the map entitled "Congaree Swamp National Monument", numbered CS-80,001-B, and dated August 1976 (generally known as the Beidler Tract), which shall be on file and available for public inspection in the oJSices of the National Park Service, Department of the Interior. Following reasonable notice in writing to the Committees on Interior and Insular Affairs of the Senate and House of Representatives of his intention to do so, the Secretary of the Interior (hereinafter referred to as the "Secretary") may make minor revisions of the boundary of the monument by publication of a revised map or other boundary description in the Federal Register, but the total area may not exceed fifteen thousand, two hundred acres. SEC. 2. (a) Within the monument the Secretary is authorized to acquire lands, waters, and interests therein by donation, purchase with donated or appropriated funds, or exchange. Any lands or interests therein owned by the State of South Carolina or any politicial subdivision thereof may be acquired only by donation. (b) With respect to any lands acquired under the provisions of this Act which at the time of acquisition are leased for hunting purposes, such acquisition shall permit the continued exercise of such lease in accordance with its provisions for its unexpired term, or for a period of five years, whichever is less: Provided, That no provision of such lease may be exercised which, in the opinion of the Secretary, is incompatible with the preservation objectives of this Act, or which is inconsistent with applicable Federal and State game laws, whichever is more restrictive. SEC. 3. (a) The Secretary shall administer property acquired for the monument in accordance with the Act of August 25, 1916 (39 Stat. 535), as amended and supplemented, and the provisions of this Act. (b) The Secretary shall permit sport fishing on lands and waters under his jurisdiction within the monument in accordance with applicable Federal and State laws, except that he may designate zones where and establish periods when no fishing shall be permitted for reasons of public safety, administration, fish or wildlife management, or public use and enjoyment. Except in emergencies, any regulations promulgated under this subsection shall be placed in effect only after consultation with the appropriate fish and game agency of the State of South Carolina.

Oct. 18, 1976 [H.R. 11891]

Congaree Swamp National Monument, S.C. Establishment. 16 USC 431 note.

Notice to congressional committees. Publication in Federal Register.

Land acquisition. 16 USC 431 note.

Administration. 16 USC 431 note. Sport fishing.

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 90 STAT. 2518 Report to President. 16 USC 431 note.

16 USC 431 note.

General management plan, report to committees.

PUBLIC LAW 94-545—OCT. 18, 1976 SEC. 4. Within three years from the effective date of this Act, the Secretary shall review the area within the monument and shall report to the President, in accordance with subsections 3(c) and 3(d) of the Wilderness Act (78 Stat. 890; 16 U.S.C. 1132 (c) and (d)), his recommendation as to the suitability or nonsuitability of any area within the monument for preservation as wilderness, and any designation of any such area as wilderness shall be accomplished in accordance with said subsections of the Wilderness Act. SEC. 5. (a) The Secretary may not expend more than $35,500,000 from the Land and Water Conservation Fund for land acquisition nor more than $500,000 for the development of essential facilities. (b) Within three years from the effective date of this Act the Secretary shall, after consulting with the Governor of the State of South Carolina, develop and transmit to the Committees on Interior and Insular Affairs of the United States Congress a general management plan for the use and development of the monument consistent with the purposes of this Act, indicating: (1) the lands and interests in lands adjacent or related to the monument which are deemed necessary or desirable for the purposes of resource protection, scenic integrity, or management and administration of the area in furtherance of the purposes of this Act, and the estimated cost thereof; (2) the number of visitors and types of public use within the monument which can be accommodated in accordance with the protection of its resources; (3) the location and estimated cost of facilities deemed necessary to accommodate such visitors and uses. Approved October 18, 1976.

LEGISLATIVE HISTORY: HOUSE REPORT No. 94-1570 (Coram, on Interior and Insular Affairs). SENATE REPORT No. 94-1311 (Coram, on Interior and Insular Affairs). CONGRESSIONAL RECORD, Vol. 122 (1976): Sept. 21, considered and passed House. Sept. 28, considered and passed Senate, araended. Sept. 29, House agreed to Senate araendment. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 12, No. 43: Oct. 19, Presidential stateraent.

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 PUBLIC LAW 94-546—OCT. 18, 1976

90 STAT. 2519

Public Law 94-546 94th Congress An Act To amend certain laws affecting personnel of the Coast Guard, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That title 14, United States Code, is amended as follows: (1) In section 1 by striking in the second sentence the words "Treasury Department" and inserting in lieu thereof the words "Department of Transportation". (2) In section 3 by striking in the first sentence— (a) the word "executive" and inserting in lieu thereof the word "Executive"; and (b) the words "Treasury Department" and inserting in lieu thereof the words "Department of Transportation". (3) In section 81 by striking in clause (3)(c) the word "Agency" and inserting in lieu thereof the word "Administration". (4) In section 82 by striking in the first sentence the word "Agency" in both places where it appears and inserting in lieu thereof the word "Administration". (5) In item (section) 82 in the analysis of chapter 5 and in the catchline of the section by striking the word "Agency" and inserting in lieu thereof the word "Administration". (6) Section 87 is repealed. (7) Item (section) 87 in the analysis to chapter 5 and the catchline of the section are repealed. (8) In section 90 by striking in subsection (b) the word "Agency" wherever it appears and inserting in lieu thereof the word "Administration". (9) In section 93 by striking in subsection ^n) the words "covered into" and inserting in lieu thereof the words deposited in". (10) In section 144— (a) by striking in subsection (a) the words "of the Treasury"; and (b) by striking in subsection (c) the words "Chief of Ordnance" and inserting in lieu thereof the words "Secretary of the Army". (11) In section 145— (a) by striking in subsection (a) the words "of the Treasury"; and (b) by striking in subsection (c) — (i) in the first sentence the words "Treasury Department" and inserting in lieu thereof the words "Department of Transportation"; and (ii) in the second sentence the words "the Treasury" and inserting in lieu thereof the word "Transpoitation". (12) In item (section) 146 in the analysis of chapter 7 and in the catchline of the section by striking the words "Post Office Department]' and inserting in lieu thereof the words "United States Postal Service".

Oct. 18, 1976 [H.R. 12939]

U.S. Coast Guard personnel. 14 USC 1. 14 USC 3.

14 USC 81. 14 USC 82.

•' Repeal. 14 USC 87. 14 USC 90. 14 USC 93. 14 USC 144.

14 USC 145. •^ 14 USC 146.

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Page:United States Statutes at Large Volume 90 Part 2.djvu/1052

 90 STAT. 2520

PUBLIC LAW 94-546—OCT. 18, 1976

14 USC 147.

(13) In section 147— " ' (a) by striking the words "Weather Bureau" between the words "the" and "of" and inserting in lieu thereof the words "National Oceanic and Atmospheric Administration"; and (b) by striking the words "Chief of the Weather Bureau" wherever they appear and inserting in lieu thereof the words "Administrator, National Oceanic and Atmospheric Administration". Civilian teaching (14) In Section 186 by striking in subsection (a) the third sentence staff, regulations, in its entirety and inserting in lieu thereof the following "Leaves of 14 USC 186. absence and hours of work for civilian faculty members shall be governed by regulations promulgated by the Secretary, without regard to the provisions of title 5.". 14 USC 188. (15) In section 188 by striking in the last sentence the word "rank" between the words "the" and "in" and inserting in lieu therof the word "grade". 14 USC 193. (16) In section 193— (a) by striking in the fourth sentence the word "Chairman" and inserting in lieu thereof the word "chairman"; and (b) by striking the last sentence in its entirety and inserting in lieu thereof the following "Each member of the Committee shall be reimbursed from Coast Guard appropriations in conformity with the provisions of chapter 57 of title 5.". (17) By adding after section 256 the following new catchline and section: 14 USC 256a. "§ 256a. Promotion year; defined "For the purposes of this chapter, 'promotion year' means the period which commences on July 1 of each year and ends on June 30 of the following year.". (18) By inserting in the analysis of chapter 11 following item (section) 256, the following new item (section): "256a. Promotion year; defined.".

14 USC 257.

14 USC 273. 14 USC 282. 14 USC 283. 14 USC 284.

(19) In section 257— (a) by striking in subsection (a) the word "fiscal" and inserting in lieu thereof the word "promotion"; and (b) in subsection (d) — (i) by inserting the word "and" following the semicolon in clause (1); (ii) by striking the word "; and" at the end of clause (2) and inserting in lieu thereof a period; and (iii) by striking clause (3). (20) In section 273 by striking in subsection (b) the figures "16" and inserting in lieu thereof the figures "3331". (21) In section 282 by striking in clause (1) the word "fiscal" and inserting in lieu thereof the word "promotion". (22) In section 283 by striking in clause (1) of subsection (a) the word "fiscal" and inserting in lieu thereof the word "promotion". (23) In section 284 by striking in clause (1) of subsection (a) the word "fiscal" and inserting in lieu thereof the word "promotion".

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Page:United States Statutes at Large Volume 90 Part 2.djvu/1053

 PUBLIC LAW 94-546—OCT. 18, 1976 (24) In section 285 by striking in clause (1) the word "fiscal" and inserting in lieu thereof the word "'promotion". (25) In section 288 by striking in the first sentence of subsection (a) the word "fiscal" and inserting in lieu thereof the word "promotion". (26) In section 289— . (a) by striking in subsection (a) the word "fiscal" wherever it appears and inserting in lieu thereof the word "promotion"; and (b) by striking in subsection (g) the word "fiscal" and inserting in lieu thereof the word "promotion". (27) In section 290— (a) by striking in the last sentence of subsection (a) the word "fiscal" and inserting in lieu thereof the word "promotion"; (b) by striking in subsection (e) the word "fiscal" and inserting in lieu thereof the word "promotion"; (c) by striking in subsection (f) the word "fiscal" and inserting in lieu thereof the word "promotion"; and (d) by striking in subsection (g) the word "fiscal" wherever it appears and inserting in lieu thereof the word "promotion". (28) In section 373 by striking in subsection (a) the figures "6023 (b) " and inserting in lieu thereof the figures "2003". (29) In section 461 by striking the words "of the Treasury". (30) In section 475— (a) by striking in subsection (a) the phrase "of the Department in which the Coast Guard is operating wherever it appears; and (b) by striking in subsection (f) the phrase "of the Department in which the Coast Guard is operating", and the phrase "commencing April 1, 1973,". (31) In section 500 by striking in subsection (a) the words "of the Treasury". (32) In section 511 by striking the phrase "head of the department in which the Coast Guard is operating" and inserting in lieu thereof the word "Secretary". (33) In section 631— (a) by striking the words "of the Treasury" wherever they appear; and (b) by striking the phrase "of the Coast Guard" between the words "Commandant" and "any". (34) In section 647— (a) by striking preceding the first sentence the subsection designation " (a) "; (b) by striking the words "of the Treasury" wherever they appear; (c) by striking in the third sentence the words "covered into" and inserting in lieu thereof the words "deposited in"; and (d) by striking in the last sentence the word "title" and inserting in lieu thereof the word "section". (35) In section 650 by striking in subsection (b) the words "Bureau of the Budget" and inserting in lieu thereof the words "Office of Management and Budget".

90 STAT. 2521 14 USC 285. 14 USC 288. 14 USC 289.

14 USC 290.

14 USC 373. 14 USC 461. 14 USC 475.

14 USC 500. 14 USC 511. 14 USC 631. ^ 14 USC 647.

14 USC 650.

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Page:United States Statutes at Large Volume 90 Part 2.djvu/1054

 90 STAT. 2522 14 USC 651. 14 USC 655. 14 USC 829.

PUBLIC LAW 94-546—OCT. 18, 1976 (36) In section 651 by striking the word "January" and inserting in lieu thereof the word "April". (37\ In section 655 by striking the words "United States". (38) In section 829 by striking the words "chapter 5 of Title 47" and inserting in lieu thereof the words "Section 305 of the Communications Act of 1934 (47 U.S.C. 305)". Approved October 18, 1976.

LEGISLATIVE HISTORY: HOUSE REPORT No. 94-1337 (Comm. on Merchant Marine and Fisheries). SENATE REPORT No. 94-1333 (Comm. on eommerce). CONGRESSIONAL RECORD, Vol. 122 (1976): July 19, considered and passed House. Sept. 28, considered and passed Senate, amended. Oct. 1, House agreed to Senate amendment.

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Page:United States Statutes at Large Volume 90 Part 2.djvu/1055

 PUBLIC LAW 94-547—OCT. 18, 1976

90 STAT. 2523

Public Law 94-547 94th Congress An Act To amend the Railroad Retirement Act of 1974 with respect to the computation of annuity amounts in certain cases, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) section 204(a) of Public Law 93-445 is amended— (1) By striking out paragraph (1) and inserting in lieu thereof the following: "(1) that portion of the individual's annuity as is provided under section 3(a) of the Railroad Retirement Act of 1974 shall initially be in an amount equal to (A) the amount determined under clause (i) of section 3(a)(6) of the Railroad Retirement Act of 1937 for the purpose of computing the last increase in the amount of such individual's annuity as computed under the provisions of section 3(a), and that part of section 3(e) which preceded the first proviso, of the Railroad Retirement Act of 1937 or (B), if less in a case where such individual is not entitled to an annuity amount provided under paragraph (3) of this subsection, the amount of the annuity under section 2(a) of the Railroad Retirement Act of 1937 (before any reduction on account of age and without regard to section 2(d) of such Act) which such individual would have received for the month of January 1975 if this Act had not been enacted: Provided, however, That such annuity amount shall be subject to reduction in accordance with the provisions of section 3(m) of the Railroad Retirement Act of 1974 in the same manner as other annuity amounts provided under section 3(a) of the Railroad Retirement Act of 1974;" and (2) By inserting "no greater than" after "paragraph shall be" in the proviso to paragraph (2). (b) Section 204 of Public Law 93-445 is further amended by adding at the end thereof the following new subsection: "(d) The annuity amount provided an individual by paragraph (1) of this subsection as increased from time to time shall be deemed to be the primary insurance amount of such individual for purposes of computing the annuity of the spouse of such individual under section 4(a) of the Railroad Retirement Act of 1974.". (c) Section 206 of Public Law 93-445 is amended by striking out paragraph (1) and inserting in lieu thereof the following: "(1) that portion of the spouse's annuity as is provided under section 4(a) of the Railroad Retirement Act of 1974 shall initially be in an amount equal to (A) the amount determined under clause (i) of section 3(a)(6) of the Railroad Retirement Act of 1937 for the purpose of computing the last increase in the amount of such spouse's annuity as computed under the provisions of section 2 of the Railroad Retirement Act of 1937 or (B), if less in a case where such spouse is not entitled to an annuity amount provided by paragraph (3) of this section, the amount of the annuity under section 2(e) or 2(h) of the Railroad Retirement Act of 1937 (before any reduction on account of age and without regard to section 2(d) of such Act) which such spouse would

Oct. 18, 197e> [H.R. 14041]

Railroad Retirement Act of 1974, amendment. Annuity amounts. 45 USC 231 note. 45 USC 231b. 45 USC 228c.

45 USC 228c.

45 USC 231 note.

45 USC 231c. 45 USC 231 note.

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Page:United States Statutes at Large Volume 90 Part 2.djvu/1056

 90 STAT. 2524

PUBLIC LAW 94-547—OCT. 18, 1976

have received for the month of January 1975 if this Act had not been enacted: Provided, however, That the amount of such annuity shall be subject to reduction in accordance with the provi45 USC 402. sions of section 202(k) or 202 (q) of the Social Security Act, other than a reduction on account of age, in the same manner as any wife's insurance benefit or husband's insurance benefit payable under section 202 of the Social Security Act and shall also be subject to reduction in accordance with the provisions of sec45 USC 231c. tion 4(i) of the Eailroad Ketirement Act of 1974;". Effective date. (d) The amendments made by this section shall be effective Jan45 USC 231 note. uary 1, 1975: Provided, however, That the increases in annuities effective June 1, 1975, and June 1, 1976, shall be in the amount which would have been provided if this Act had not been enacted. Survivor SEC. 2. (a) Section 4(g) of the Railroad Eetirement Act of 1974 is annuities. amended— 45 USC 231c. (1) By striking out "subsections (a) and (b) of this section" each time it appears therein and inserting in lieu thereof "subsections (a), (b), and (e)(3) of this section"; and (2) By inserting immediately after '"Provided, however, the following: "That if a widow or widower of a deceased employee is 45 USC 231a. entitled to an annuity under section 2(a)(1) of this Act and if either such widow or widower or such deceased employee will have completed ten years of service prior to January 1, 1975, the amount of the annuity of such widow or widower under the preceding provisions of this subsection shall be increased by an amount equal to the amount, if any, by which (A) the widow's or widower's insurance annuity to which such widow or widower would have been entitled, upon attaining age 65, under section 5(a) of the Eailroad Eetirement Act of 1937 45 USC 231d. as in effect on December 31, 1974 (without regard to the proviso of that section or the first proviso of section 3(e) of that Act), on the 45 USC 231b. basis of the deceased employee's renmneration and service prior to January 1, 1975, increased by the same percentage, or percentages, as widow's and widower's insurance benefits under section 202 of the Social Security Act are increased during the period from January 1, 1975, to the later of the date on which such widow's or widower's annuity under section 2(a)(1) of this Act began to accrue or the date on which such widow's or widower's annuity under section 2(d)(1) of this Act began to accrue, exceeds (B) the total of the annuity amounts to which such widow or widower was entitled (after any reductions pursuant to subsection (i)(2) of this section but before any deductions on account of work) under the preceding provisions of this subsection and subsection (f) of this section as of the later of the date on which such widow's or widower's annuity under section 2(a)(1) of this Act began to accrue or the date on which such widow's or widower's annuity under section 2(d)(1) of this Act began to accrue: Provided furt'her,''\ (b) Section 4 of such Act is further amended by striking out subsection (h) and all that appears therein and inserting in lieu thereof the following: "(h) The amount of the annuity of the widow or widower of a deceased employee determined under subsections (f) and (g) of this section, if such deceased employee will have completed ten years of service prior to January 1, 1975, and such widow or widower will have been permanently insured under the Social Security Act of December 31, 1974, shall be increased by an amount equal to the amount, if any, by which (A) the widow's or widower's insurance annuity to

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Page:United States Statutes at Large Volume 90 Part 2.djvu/1057

 PUBLIC LAW 94-547—OCT. 18, 1976 which such widow or widower would have been entitled, upon attaining age 65, under section 5(a) of the Railroad lietirement Act of 1937 as in effect on December 31, 1974 (without regard to the proviso of that section or the first proviso of section 3(e) of that Act), on the basis of the deceased employee's remuneration and service prior to January 1, 1975, increased by the same percentage, or percentages, as widow's and widower's insurance benefits under section 202 of the Social Security Act are increased during the period from January 1, 1975, to the later of the date on which such widow's or widower's annuity under section 2(d)(1) of this Act began to accrue or the date beginning the first month for which such widow or widower is entitled to an old age insurance benefit or disability insurance benefit under the Social Security Act, exceeds (B) the total of the annuity amounts to which such widow or widower was entitled (after any reductions pursuant to section 202(k) or 202(q) of the Social Security Act but before any deductions on account of work) under subsections (f) and (g) of this section as to the later of the date on which such widow's or widower's annuity under section 2(d)(1) of this Act began to accrue or the date beginning the first month for which such widow or widower is entitled to an old-age insurance benefit or disability insurance benefit under the Social Security Act: Provided, however, That, if a widow or widower was entitled (or would have been entitled except for the provisions of section 2(e) or 2 (f) of this Act) to an annuity amount under subdivision (1) or (2) of subsection (e) of this section in the month preceding the employee's death, the amount of the annuity to which such widow or widower is entitled under this subsection shall not be less than an amount which would cause (A) the total of the annuity amounts to which such widow or widower is entitled (after any reductions pursuant to section 202(k) or 202(q) of the Social Security Act but before any deductions on account of work) under subsections (f) and (g) of this section and the preceding provisions of this subsection as of the date such widow's or widower's annuity under section 2(d)(1) of this Act began to accrue to equal (B) the total of the annuity amounts to which such widow or widower was entitled (or would have been entitled except for the provisions of section 2(e) or 2 (f) of this Act) as a spouse under subsections (a), (b), and (e) of this section (after any reductions on account of age) in the month preceding the employee's death.". (c) The amendments made by this section shall be effective with respect to annuities accruing for months after the month in which this Act is enacted: Provided, however. That the amendments made by subsection (b) of this section shall not operate to decrease any annuity amounts awarded under section 4(h) of the Railroad Retirement Act of 1974 prior to the date on which these amendments become effective. SEC. 3. (a) Section 15(c) of the Railroad Retirement Act of 1974 is amended by adding at the end thereof the following new sentences: "Whenever the, Board finds at any time that the balance in the Railroad Retirement Supplemental Account will be insufficient to pay the supplemental annuities which it estimates are due, or will become due. under section 2(b) of this Act, it shall request the Secretary of the Treasury to transfer from the Railroad Retirement Account to the credit of the Railroad Retirement Supplemental Account such moneys as the Board estimates would be necessary for the payment of such supplemental annuities, and the Secretary shall make such transfer. Whenever the Board finds that the balance in the Railroad Retirement

89-194 O—78—pt. 2

67

90 STAT. 2525

42 USC 402. 45 USC 231a.

42 USC 1305.

Effective date. 45 USC 231c note.

45 USC 231c. 45 USC 231n. Transfer of moneys.

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Page:United States Statutes at Large Volume 90 Part 2.djvu/1058

 90 STAT. 2526

Effective date. 45 USC 23 In 2?Tisr 2^1 45 utsL 261.

^

26 USC 3231.

^

PUBLIC LAW 94-547—OCT. 18, 1976

Supplemental Account, without regard to the amounts transferred pursuant to the next preceding sentence, is sufficient to pay such supplemental annuities, it shall request the Secretary of the Treasury to retransfer from the Railroad Retirement Supplemental Account to the credit of the Railroad Retirement Account such moneys as in its judgment are not needed for the payment of such supplemental annuities, plus interest at an annual rate equal to the average rate of interest borne by all special obligations held by the Railroad Retirement Account on the last day of the preceding fiscal year, rounded to the nearest multiple of one-eighth of 1 per centum, and the Secretary shall make such retransfer.". (b) The amendment made by this section shall be effective on the enactment date of this Act. ^^^' *• ^^) Section 1(h)(6) of the Railroad Retirement Act of 1974 jg amended by striking out the word "and" after paragraph (iv), by changing the period at the end of paragraph (v) to a semicolon, and by adding the following new paragraphs after paragraph (v): "(vi) the amount of any payment (including any amount paid by an employer for insurance or annuities, or into a fund, to provide for any such payment) made to, or on behalf of, an employee or any of his dependents under a plan or system established by an employer which makes provision for his employees generally (or for his employees generally and their dependents) or for a class or classes of his employees (or for a class or classes of his employees and their dependents), on account of sickness or accident disability or medical or hospitalization expenses in connection with sickness or accident disability; and "(vii) an amount paid specifically—either as an advance, as reimbursement or allowance—for traveling or other bona fide and necessary expenses incurred or reasonably expected to be incurred in the business of the employer provided any such payment is identified by the employer either by a separate payment or by specifically indicating the separate amounts where both wages and expense reimbursement or allowance are combined in a single payment.". (b) Section 3231(e) of the Internal Revenue Code of 1954 is amended by striking out the second sentence and inserting in lieu thereof the following: "Such term does not include (i) the amount of any payment (including any amount paid by an employer for insurance or annuities, or into a fund, to provide for any such payment) made to, or on behalf of, an employee or any of his dependents under a plan or system established by an employer which makes provision for his employees generally (or for his employees generally and their dependents) or for a class or classes of his employees (or for a class or classes of his ernployees and their dependents), on account of sickness or accident disability or medical or hospitalization expenses in connection with sickness or accident disability, (ii) tips (except as is provided under paragraph (3)), (iii) the voluntary payment by an employer, without deduction from the remuneration of the employee^ of the tax imposed on such employee by section 3201, or (iv) an amount paid specifically—either as an advance, as reimbursement or allowance—for traveling or other bona fide and necessary expenses incurred or reasonably expected to be incurred in the business of the employer provided any such payment is identified by the employer either by a separate payment or by specifically indicating the separate amounts where both wages and expense reimbursement or allowance are combined in a single payment.".

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 PUBLIC LAW 94-547—OCT. 18, 1976

90 STAT. 2527

(c)(1) The amendments made by subsection (a) of this section shall be effective January 1, 1975. (2) The amendments made by subsection (b) of this section shall apply with respect to taxable years ending after December 31, 1953: Provided, however, That any taxes paid under the Railroad Retirement Tax Act prior to the date on which this Act is enacted shall not be affected or adjusted by reason of the amendments made by such subsection (b) except to the extent that the applicable period of limitation for the assessment of tax and the filing of a claim for credit or refund has not expired prior to the date on which this Act is enacted. If the applicable period of limitation for the filing of a claim for credit or refund would expire within the six-month period following the date on which this Act is enacted, the applicable period for the filing of such a claim for credit or refund shall be extended to include such six-month period.

Effective dates. 45 USC 231 note. 26 USC 3231 note.

Approved October 18, 1976.

LEGISLATIVE HISTORY: HOUSE REPORT No. 94-1465, Pt. 1 (Comm. on Interstate and Foreign eommerce). CONGRESSIONAL RECORD, Vol. 122 (1976): Sept. 20, considered and passed House. Oct. 1, considered and passed Senate.

Extension.

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Page:United States Statutes at Large Volume 90 Part 2.djvu/1060

 90 STAT. 2528

PUBLIC LAW 94-548—OCT. 18, 1976

Public Law 94-548 94th Congress An Act Oct. 18, 1976 [H.R. 5682]

Tinicum National Environmental Center, Pa. Boundary extension. 86 Stat. 391.

Appropriation authorization.

To extend the boundary of the Tinicum National Environmental Center, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Act of June 30, 1972, entitled "An Act to provide for the establishment of the Tinicum National Environmental Center in the Commonwealth of Pennsylvania, and for other purposes" (Public Law 92-326) is amended— (1) by striking out "and Prospect Park Boroughs, exclusive of the portion of marshland which has been filled by the Folcroft Landfill Corporation." in the last sentence of section 2 and inserting in lieu thereof "Prospect Park Boroughs, and the Delaware County incinerator numbered 2."; and (2) by amending section 7 to read as follows: "SEC. 7, (a) There are authorized to be appropriated $2,250,000 to carry out the provisions of this Act. "(b) Beginning with fiscal year 1978, there are authorized to be appropriated, in addition to the authorization appropriated under subsection (a), $1,600,000 to carry out the purposes of this Act.". Approved October 18, 1976.

LEGISLATIVE HISTORY: HOUSE REPORT No. 94-1139 (Comm. on Merchant Marine and Fisheries). CONGRESSIONAL RECORD, Vol. 122 (1976): May 18, considered and passed House. Sept. 30, considered and passed Senate, amended. Oct. 1, House agreed to Senate amendment with an amendment; Senate agreed to House amendment.

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Page:United States Statutes at Large Volume 90 Part 2.djvu/1061

 PUBLIC LAW 94-549—OCT. 18, 1976

90 STAT. 2529

Public Law 94-549 94th Congress An Act To amend the Act establishing the Indiana Dunes National Lakeshore to provide for the expansion of the lakeshore, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Act entitled "An Act to provide for the establishment of the Indiana Dunes National Lakeshore, and for other purposes", approved November 5, 1966 (80 Stat. 1309), as amended (16 U.S.C. 460u), is further amended as follows: (1) The last sentence of the first section of such Act is amended by striking out " 'A Proposed Indiana Dunes National Lakeshore', dated September 1966, and bearing the number 'LNPNE-1008-ID'" and inserting in lieu thereof " 'Boundary Map, Indiana Dilnes National Lakeshore', dated September 1976 and bearing the number '626-91007'". (2) Section 3 of such Act is amended by inserting the following at the end of the first sentence: "By no later than October 1, 1977, the Secretary shall publish in the Federal Register a detailed description of the boundaries of the lakeshore and shall from time to time so publish any additional boundary changes as may occur.". (3)(a) Subsection 4(a) of such Act is repealed, subsection 4(b) is redesignated as section 4, and the following sentence is added to new section 4: "All rights of use and occupancy shall be subject to such terms and conditions as the Secretary deems appropriate to assure the use of such property in accordance with the purposes of this Act.". (b) The first sentence of section 4 of such Act is amended by inserting innnediately after "was begun before" the following: "February 1, 1973, or, in the case of improved property located within the boundaries delineated on a map identified as 'A Proposed Indiana Dunes National Lakeshore', dated September 1966, and bearing the number 'LNPNE-1008-ID', which map is on file and available for public inspection in the Office of the Director of the National Park Service, Department of the Interior, before". (4)(a) Section 6(a) of such Act is amended by revising the first sentence thereof to read as follows: "Except for owners of property within the area on the map referred to in the first section of this Act as area II - B, any owner or owners, having attained the age of majority, of improved property on the date of its acquisition by the Secretary may, as a condition to such acquisition, retain the rights of use and Occupancy of the improved property for noncommercial residential purposes for a term of twenty years, or for such lesser term as the owner or owners may elect at the time of acquisition by the Secretary". (b) Section 6(b) of such Act is amended to read as follows: "(b) Upon his determination that the property, or any portion thereof, has ceased to be used.in accordance with the applicable terms and conditions, the Secretary may terminate a right of use and occupancy. Nonpayment of property taxes, validly assessed, on any retained right of use and occupancy shall also be grounds for termination of such right by the Secretary. In the event the Secretary terminates a right of use and occupancy under this subsection he shall

Oct. 18, 1976 [H.R. 11455]'

Indiana Dunes National Lakeshore. Expansion.

16 USC 460u-2. Publication in Federal Register.

Repeal. 16 USC 460u-c(.

16 USC 460u-5. Right of use and occupancy.

Termination.

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