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Page:United States Statutes at Large Volume 96 Part 2.djvu/1146

 96 STAT. 2508 Ante, p. 1489.

Effective date. 12 USC 1729 note. Ante, p. 1492. Effective date. 12 USC 1823 note. Ante, p. 1496.

PUBLIC LAW 97-457—JAN. 12, 1983

(b)(1) Section 406(f)(5)(I) of such Act (12 U.S.C. 1729(f)(5)a)), as added by section 202 of Public Law 97-320, is amended by inserting "or dividends" after "interest". (2) The amendment made by paragraph (1) shall be deemed to have taken effect upon the enactment of Public Law 97-320. SEC. 10. (a) Section 13(i)(9) of the Federal Deposit Insurance Act (12 U.S.C. 1823(i)(9)), as added by section 203 of Public Law 97-320, is amended by inserting "or dividends" after "interest". (b) The amendment made by subsection (a) shall be deemed to have taken effect upon the enactment of Public Law 97-320. SEC. 11. Section 206 of Public Law 97-320 is amended to read as follows: "SUNSET PROVISION

12 USC 1729, 1823, 1729 note. Ante, p. 1489. Ante, p. 1492.

Ante, p. 1496.

Ante, p. 1501.

12 USC 461.

"SEC. 206. (a) Upon the expiration of three years after the date of enactment of this Act, section 406(f)(5) of the National Housing Act and section 13(i) of the Federal Deposit Insurance Act are repealed. "(b) The repeal by subsection (a) shall have no effect on any action taken or authorized pursuant to the amendments made by this title by or for a qualified institution while such amendments were in effect and while net worth certificates issued pursuant to these amendments are outstanding.". SEC. 12. The first sentence of section 5(b)(l)(B) of the Home Owners' Loan Act of 1933 (12 U.S.C. 1464(b)(l)(B)), as amended by section 312 of Public Law 97-320, is amended by inserting "may accept a demand account from itself and" after "An association". SEC. 13. Section 204 of the Depository Institutions Deregulation Act of 1980 (12 U.S.C. 3503), as amended by section 327 of Public Law 97-320, is amended by adding at the end thereof the following: "(4) The transitional adjustment provisions in section 19(b)(8) of the Federal Reserve Act, providing for the phase-in of reserve requirements, shall not apply to an account or accounts established pursuant to this subsection.". SEC. 14. (a)(1) Section 5(c)(3) of the Home Owners' Loan Act of 1933 (12 U.S.C. 1464(c)(3)) is amended by adding at the end thereof the following: "(D) CONSTRUCTION LOANS WITHOUT SECURITY.—Investments

Mih-i.0,iilni\

Effective date. 12 USC 1464 note. Ante, p. 1504.

not exceeding the greater of (i) the sum of its surplus, undivided it profits, and reserves, or (ii) 5 per centum of the assets of the li association, in loans the principal purpose of which is to provide financing with respect to what is or is expected to become @ primarily residential real estate where (I) the association relies li substantially for repayment on the borrower's general credit standing and forecast of income without other security, or (II) the association relies on other assurances for repayment, including but not limited to a guaranty or similar obligation of a third party. Investments under this subsection shall not be included in any percentage of assets or other percentage referred to in this subsection.". (2) The amendment made by paragraph (1) shall be deemed to have taken effect upon the enactment of Public Law 97-320. (b) Section 5(r)(2)(B) of the Home Owners' Loan Act of 1933 (12 U.S.C. 1464(r)(2)(B)), as added by section 334 of Public Law 97-320, is amended by striking out "Depository Institutions Amendments" and inserting in lieu thereof "Garn-St Germain Depository Institutions Act".

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Page:United States Statutes at Large Volume 96 Part 2.djvu/1147

 PUBLIC LAW 97-457—JAN. 12, 1983

96 STAT. 2509

SEC. 15. Section 352 of Public Law 97-320, is amended by inserting "Home" after "Federal" the first place it appears. SEC. 16. Section 6(m) of the Federal Home Loan Bank Act (12 U.S.C. 1426(m)), as added by section 355(b) of Public Law 97-320, is amended by striking out "Banks" and inserting in lieu thereof "banks or in connection with obtaining a charter from the Federal Home Loan Bank Board". SEC. 17. (a) Section 5200(b)(1) of the Revised Statutes (12 U.S.C. 84), as amended by section 401 of Public Law 97-320, is amended by inserting a comma before "to the extent specified by the Comptroller of the Currency". (b) Section ll(m) of the Federal Reserve Act (12 U.S.C. 248(m)) is amended by striking out in the first sentence "under paragraph (8) of section 5200 of the Revised Statutes, as amended (U.S.C., Supp. VII, title 12, sec. 84)" and inserting in lieu thereof "under section 5200(c)(4) of the Revised Statutes". SEC. 18. The last proviso of section 5136 Seventh of the Revised Statutes (12 U.S.C. 24 Seventh), as amended by section 404(b) of Public Law 97-320, is amended by striking out "10 per centum of its" and inserting in lieu thereof "10 per centum of the 3.ssoci3.tion s SEC. 19. (a) Section 2(b) of the Act of May 1, 1886 (12 U.S.C. 30(b)), as amended by section 405(a) of Public Law 97-320, is amended by inserting "for a relocation outside such limits" after "stock of such association". (b) The first sentence of section 5154 of the Revised Statutes (12 U.S.C. 35) is amended by striking out "with any name approved by the Comptroller of the Currency" and inserting in lieu thereof "with a name that contains the word 'national' ". SEC. 20. (a) Section 406 of Public Law 97-320 is amended to read as follows:

Ante, p. 1507. Ante, p. 1508.

Ante, p. 1508.

Ante, p. 1511.

Ante, p. 1512.

.S£5i.;:;,«yj%

Ante, p. 1512.

"VENUE PROVISIONS

"SEC. 406. The last sentence of section 5198 of the Revised Statutes (12 U.S.C. 94) is amended to read as follows: 'Any action or proceeding against a national banking association for which the Federal Deposit Insurance Corporation has been appointed receiver, or against the Federal Deposit Insurance Corporation as receiver of such association, shall be brought in the district or territorial court of the United States held within the district in which that association's principal place of business is located, or, in the event any State, county, or municipal court has jurisdiction over such an action or proceeding, in such court in the county or city in which that association's principal place of business is located.' ". (b) The amendment made by subsection (a) shall be deemed to have taken effect upon the enactment of Public Law 97-320. SEC. 21. Section 4(b)(1) of the Act of March 9, 1933 (12 U.S.C. 95(b)(l)), as amended by section 407 of Public Law 97-320, is amended by inserting "a State or" before "a State official". SEC. 22. Section 23A(d) of the Federal Reserve Act (12 U.S.C. 371c(d)), as amended by section 410(b) of Public Law 97-320, is amended— (1) by striking out "except for the purchase of a low-quality asset which is prohibited" in paragraph (1) and inserting in lieu thereof "subject to the prohibition contained in subsection (a)(3)"; and

Effective date. 12 USC 94 note. Ante, p. 1513.

Ante, p. 1515.

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


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Page:United States Statutes at Large Volume 96 Part 2.djvu/1148

 96 STAT. 2510 '

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v^k

Ante, p. 1521.

PUBLIC LAW 97-457—JAN. 12, 1983

5^ ?^

(2) by striking out "purchasing loans on a nonrecourse basis from affiliated banks" in paragraph (6) and inserting in lieu thereof ", subject to the prohibition contained in subsection (a)(3), purchasing loans on a nonrecourse basis from affiliated banks'. SEC. 23. (a) Section 412 of Public Law 97-320 is amended to read as follows: "VISITORIAL POWERS

"SEC. 412. The fifth paragraph of section 5240 of the Revised Statutes (12 U.S.C. 484) is amended to read as follows: " '(A) No national bank shall be subject to any visitorial powers except as authorized by Federal law, vested in the courts of justice or such as shall be, or have been exercised or directed by Congress or by either House thereof or by any committee of Congress or of either House duly authorized. " '(B) Notwithstanding subpargigraph (A), lawfully authorized ^ State auditors and examiners may, at reasonable times and upon reasonable notice to a bank, review its records solely to ensure compliance with applicable State unclaimed property or escheat laws upon reasonable cause to believe that the bank has feiiled to comply with such laws.' ". Effective date. (b) The amendment made by subsection (a) shall be deemed to 12 USC 484 note, have taken effect upon the enactment of Public Law 97-320. Ante. p. 1522. SEC. 24. Section 424(g) of Public Law 97-320 is amended by striking out "688" and inserting in lieu thereof "668". Ante, p. 1529. gEC. 25. Section 107(5)(A)(i) of the Federal Credit Union Act (12 U.S.C. 1757(5)(A)(i)), as amended by section 507 of Public Law 97-320, is amended by striking out Association" and inserting in lieu thereof "Administration". Ante, p. 1530. SEC. 26. Section 107(7) of the Federal Credit Union Act (12 U.S.C. 1757(7)), as amended by section 514 of Public Law 97-320, is amended— (1) by striking out "and" before "(J)"; (2) by striking out "(L)" and inserting in lieu thereof "(K)"; and (3) by striking out "; and" at the end thereof and inserting in lieu thereof a period. Ante. p. 1530. SEC. 27. The next to the last sentence of section 124 of the Federal Credit Union Act (12 U.S.C. 1770), as amended by section 515 of Public Law 97-320, is amended by inserting " o f after "installation". Ante, p. 1532. SEC. 28. Section 113 of the Federal Credit Union Act (12 U.S.C. 1761b), as amended by section 522 of Public Law 97-320, is amended— (1) by striking out "directions" and inserting in lieu thereof "direction"; (2) by striking out "unions" in paragraph (2) and inserting in lieu thereof "union"; '^ (3) by inserting "by" after "interest paid" in paragraph (9); ai and (4) by striking out "meetings" in paragraph (15) and inserting in lieu thereof "meeting". Ante, p. 1535. SEC. 29. Section 202(c) of the Federal Credit Union Act (12 U.S.C. 1782(c)), as amended by section 529 of Public Law 97-320, is

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Page:United States Statutes at Large Volume 96 Part 2.djvu/1149

 PUBLIC LAW 97-457—JAN. 12, 1983

96 STAT. 2511

amended by striking out "paragraphs (2) and (3)" in paragraph (1) and inserting in lieu thereof "paragraph (2)". SEC. 30. The first sentence of section 4(c)(8) of the Bank Holding Company Act of 1956 (12 U.S.C. 1843(c)(8)), as amended by section 601 of Public Law 97-320, is amended— (1) by inserting ": Provided, however, That such a bank holding company and its subsidiaries may not engage in the sale of life insurance or annuities except as provided in subparagraph (A), (B), or (C)" before "; or (G)"; and (2) by striking out the proviso at the end thereof. SEC. 31. Section 701(c) of Public Law 97-320 is amended— (1) by striking out "both"; and (2) by inserting ", on," after "prior to". SEC. 32, (a) Section l(b)(4) of the Bank Service Corporation Act (12 U.S.C. 1861(b)(4)), as amended by section 709 of Public Law 97-320, is amended— (1) by striking out "or another" after "insured bank," and inserting in lieu thereof "a"; and (2) by inserting before the final semicolon the following: ", or a financial institution the accounts or deposits of which are insured or guaranteed under State law and are eligible to be insured by the Federal Deposit Insurance Corporation, the Federal Savings and Loan Insurance Corporation, or the National Credit Union Administration Board". (b) The Bank Service Corporation Act, as amended by section 709 of Public Law 97-320, is amended— (1) by striking out "the Financial Institutions Supervisory Act of 1966 (12 U.S.C. 1818(b) et seq.)" in section 7(b) and inserting in lieu thereof the following: "section 8 of the Federal Deposit Insurance Act (12 U.S.C. 1818)"; and (2) by striking out "under this Act" in subsections (d) and (e) of section 4 and inserting in lieu thereof "under the law of the United States". SEC. 33. Section 414(a) of the National Housing Act (12 U.S.C. 1730c) is amended by inserting "(which, for the purpose of this section, shall include a Federal association the deposits of which are insured by the Federal Deposit Insurance Corporation)" after "insured institution" the first place it appears. Approved January 12, 1983.

LEGISLATIVE HISTORY—S. J. Res. 271: CONGRESSIONAL RECORD, Vol. 128 (1982): Dec. 16, considered and passed Senate. Dec. 21, considered and passed House, amended; Senate agreed to House amendments.

Ante, p. 1536.

Ante, p. 1538. Ante, p. 1540.

Ante, p. 1540.

12 USC I730g.

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Page:United States Statutes at Large Volume 96 Part 2.djvu/1150

 96 STAT. 2512

PUBLIC LAW 97-458—JAN. 12, 1983

Public Law 97-458 97th Congress Jan.12, 1983 [H.R. 3731]

Indians. Judgment funds, distribution. Plan, submittal to Congress. 25 USC 1402.

Proposed legislation, submittal to Congress.

.#rr.r:)^3 2

Extension request, submittal to congressional committees.

25 USC 1403.

.:Ai

An Act

To amend the Act of October 19, 1973 (87 Stat. 466), relating to the use or distribution of certain judgment funds awarded by the Indian Claims Commission or the Court of Claims.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 2 of the Act of October 19, 1973 (87 Stat. 466; 25 U.S.C. 1401 et seq.) is amended to read as follows: "SEC. 2. (a) Within one year after appropriation of funds to pay a judgment of the Indian Claims Commission or the Court of Claims to any Indian tribe, the Secretary of the Interior shall prepare and submit to Congress a plan for the use and distribution of the funds. Such plan shall include identification of the present-day beneficiaries, a formula for the division of the funds among two or more beneficiary entities if such is warranted, and a proposal for the use and distribution of the funds. The Secretary shall simultaneously submit a copy of such plan to each affected tribe or group. "(b) With respect to judgments, for which funds have been appropriated prior to the enactment of this amended section, but for which use or distribution has not been authorized by enactment of legislation or by an effective plan under this Act, the Secretary shall prepare and submit such plans within one year of the enactment of this amended section. "(c) In any case where the Secretary determines that the circumstances do not permit the preparation and submission of a plan as provided in this Act, he shall submit to the Congress within the oneyear period proposed legislation to authorize use or distribution of such funds, together with a report thereon. "(d) In cases where the Secretary has to submit a plan dividing judgment funds between two or more beneficiary entities, he shall obtain the consent of the tribal governments involved to the proposed division. If the Secretary cannot obtain such consent within one hundred and eighty days after appropriation of the funds for the award or within one hundred and eighty days of the enactment of this amended section, he shall submit proposed legislation to the Congress as provided in section 2(c). "(e) An extension of the one-year period, not to exceed one hundred and eighty days, may be requested by the Secretary or by the affected Indian tribe, submitting such request to the committees through the Secretary, and any such request will be subject to the approval of both the Senate Select Committee on Indian Affairs and the United States House of Representatives Committee on Interior and Insular Affairs.". SEC. 2. (a) Section 3(b)(3) of said Act is hereby amended by adding at the end thereof the following proviso: "Provided, That such funds may be disbursed to the parents or legal guardian of such minors or legal incompetents in such amounts as may be necessary for the minor or legal incompetent's health, education, welfare, or emergencies under a plan or plans approved by the Secretary and the tribal

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Page:United States Statutes at Large Volume 96 Part 2.djvu/1151

 PUBLIC LAW 97-458—JAN. 12, 1983

96 STAT. 2513

governing body of the Indian tribe involved.". Such plan or plans shall be limited to urgent needs arising from extenuating circumstances and shall accord with general principles governing administration of trust funds of minors and legal incompetents, including a requirement for strict accounting for expenditures. Ob) Clause (5) of section 3(b) of said Act is hereby striking out "warrant otherwise" and inserting in lieu thereof the following: "warrant otherwise: Provided, That in the development of such plan the Secretary shall survey past and present plans of the tribe for economic development, shall consider long range benefits which might accrue to the tribe from such plans, and shall encourage programing of funds for economic development purposes where appropriate,". SEC. 3. (a) Subsection (a) of section 5 of said Act is amended by deleting "either House adopts a resolution" and inserting in lieu thereof "a joint resolution is enacted". (b) Subsection (b) of section 5 of said Act is amended by deleting "adoption of a resolution" and inserting in lieu thereof "enactment of a joint resolution". (c) Section 5 of said Act is amended by adding the following new subsections at the end thereof: "(c) Within the sixty-day period and before the adoption of any resolution disapproving a plan, the Secretary may withdraw or amend such plan: Provided, That any amendments affecting the division of an award between two or more beneficiary entities shall be subject to the consent of these entities as provided in section 2(d) of this Act. Any such amended plan shall become valid at the end of a sixty-day period beginning on the day such amendment is submitted to the Congress, unless during such sixty-day period, a joint resolution is enacted disapproving such plan as amended. "(d) Once a plan is withdrawn before the end of a sixty-day period, the Secretary has until the expiration of the original one-year deadline to resubmit a plan to Congress. Such a plan shall become valid at the end of a sixty-day period beginning on the day such new plan is submitted to the Congress, unless during such sixty-day period, a joint resolution is enacted disapproving such plan. "(e) Upon the introduction of the first such resolution of disapproval in either the House of Representatives or the Senate, the sixty-day period shall be recomputed from the date of such introduction and shall not again be extended.". SEC. 4. Section 7 of said Act is amended to read as follows: "SEC. 7. None of the funds which— "(1) are distributed per capita or held in trust pursuant to a plan approved under the provisions of this Act, or "(2) on the date of enactment of this Act, are to be distributed per capita or are held in trust pursuant to a plan approved by the Congress prior to the date of enactment of this Act, or "(3) were distributed pursuant to a plan approved by Congress after December 31, 1981 but prior to the date of enactment of this Act, and any purchases made with such funds, including all interest and investment income accrued thereon while such funds are so held in trust, shall be subject to Federal or State income taxes, nor shall such funds nor their availability be considered as income or resources nor 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 under

25 USC 1403 note.

25 USC 1403.

25 USC 1405.

Plan, withdrawal or amendment.

25 USC 1407. Tax exemption.

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Page:United States Statutes at Large Volume 96 Part 2.djvu/1152

 96 STAT. 2514 42 USC 1305. 25 USC 1408. 0 > jH

PUBLIC LAW 97-458—JAN. 12, 1983

the Social Security Act or, except for per capita shares in excess of $2,000, any Federal or federally assisted program. "SEC. 8. Interests of individual Indians in trust or restricted lands shall not be considered a resource in determining eligibility for assistance under the Social Security Act or any other Federal or federally assisted program.". Approved January 12, 1983.

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LEGISLATIVE HISTORY—H.R. 3731: HOUSE REPORT No. 97-340 (Comm. on Interior and Insular Affairs). SENATE REPORT No. 97-658 (Comm. on Indian Affairs). CONGRESSIONAL RECORD: ' Vol. 127 (1981): Dec. 15, considered and passed House. Vol. 128 (1982): Dec. 19, considered and passed Senate, amended. Dec. 20, House concurred in Senate amendments. WEEKLY eOMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 19, No. 2 (1983): Jan. 12, Presidential statement.

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Page:United States Statutes at Large Volume 96 Part 2.djvu/1153

 PUBLIC LAW 97-459—JAN. 12, 1983

96 STAT. 2515

Public Law 97-459 97th Congress An Act To authorize the purchase, sale, and exchange of lands by Indian tribes and by the Devils Lake Sioux Tribe of the Devils Lake Sioux Reservation of North Dakota specifically, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, TITLE I SEC. 101. The Congress finds that— (1) the Devils Lake Sioux Tribe, of the Devils Lake Sioux Reservation, North Dakota, is vigorously pursuing its goal of self-determination through development of manufacturing and farming enterprises; and (2) the continued existence of the Devils Lake Sioux Reservation, North Dakota, as a permanent homeland of the Devils Lake Sioux Tribe and as a necessary foundation for continued self-determination requires that the Secretary of the Interior have authority to— (A) consolidate and increase the trust land base in the reservation for the tribe and individual tribal members; and (B) prevent further loss of trust land. SEC. 102. (a) The Secretary of the Interior (hereinafter in this Act referred to as the "Secretary") is authorized to— (1) purchase with any funds held by the Secretary in trust for the benefit of the Devils Lake Sioux Tribe or appropriated for the purpose, or acquire by gift, exchange, or relinquishment, any interest in land (or any improvements thereon) located within the boundaries of the Devils Lake Sioux Reservation for the benefit of the Devils Lake Sioux Tribe or individual members of such tribe; (2) sell or approve sales of any interest in tribal trust or tribal restricted land (or any improvements thereon) located within the boundaries of the Devils Lake Sioux Reservation but only if additional tribal trust or tribal restricted land which is approximately equal in acreage or value to the interest sold is acquired by the Secretary at the time of such sale; and (3) exchange any interest in tribal or individual trust land or tribal or individual restricted land (or any improvements thereon) for any land located within the Devils Lake Sioux Reservation but only if the values of the interests in land involved in such an exchange are equal or are equalized by the payment of money. (b) Any purchase of Federal lands under subsection (a)(1) shall be made in accordance with the provisions of the Federal Land Policy and Management Act of 1976 (90 Stat. 2744). SEC. 103. The Secretary shall accept any transfer of title from the Devils Lake Sioux Tribe, or from any individual member of such

97-200 O—84—pt. 2

37: QL3

Jan. 12, 1983 [S. 503]

Devils Lake Sioux Tribe, N. Dak. Authorization to procure land.

43 USC 1701 note.

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Page:United States Statutes at Large Volume 96 Part 2.djvu/1154

 96 STAT. 2516

Trust.

Death of decedent, purchase of land interest.

PUBLIC LAW 97-459—JAN. 12, 1983

tribe, for any interest in land (or any improvements thereon) located within the boundaries of the Devils Lake Sioux Reservation, and shall take title to such property in the name of the United States in trust for the benefit of the Devils Lake Sioux Tribe, or for such individual member. SEC. 104. Any acquisition, sale, or exchange of lands for the Devils Lake Sioux Tribe which is made under this title shall be made only upon the request of the authorized governing body of the Devils Lake Sioux Tribe, subject to the limitations and procedures of the tribal constitution. SEC. 105. Notwithstanding any other provision of applicable law, the title to any interest in land, or any improvements thereon, acquired by the Secretary under this title shall be acquired in the name of the United States in trust for the benefit of the Devils Lake Sioux Tribe or an individual member of such tribe, as the case may be, and such property shall be held and treated in the same manner as other trust or restricted Indian lands are held and treated under Federal law. SEC. 106. Money or amounts credited to the Devils Lake Sioux Tribe from the sale or exchange under this title of any interest in trust or restricted land (or any improvements thereon) may be used only for the purpose of purchasing or acquiring property under this title and shall be deposited in a special account under the control of the Secretary or his duly authorized representative. SEC. 107. Subsection (a) of the first section of the Act of August 9, 1955 (69 Stat. 539; 25 U.S.C. 415), as amended, is further amended— (1) by striking out "and leases of land on the Agua Caliente" in the second sentence and inserting in lieu thereof "leases of land on the Agua Caliente", and (2) by striking out "and the lands comprising the Moses Allotment Numbered 10, Chelan County, Washington," in the second sentence and inserting in lieu thereof the following: "leases of the lands comprising the Moses Allotment Numbered 10, Chelan County, Washington, and leases to the Devils Lake Sioux Tribe, or any organization of such tribe, of land on the Devils Lake Sioux Reservation,". SEC. 108. (a)(1) The devise or descent of any interest in trust or restricted land located within the Devils Lake Sioux Reservation to any person who is not a member of the Devils Lake Sioux Tribe shall be subject to the right of such tribe to purchase such interest within two years of the date of death of the decedent by paying to the Secretary for the benefit of such person an amount equal to the fair market value of such interest on the date of such purchase (as determined by the Secretary after appraisal). (2) Within ninety days after the date on which the Secretary receives payment of an amount for the benefit of a person under paragraph (1), the Secretary shall pay such amount to such person. (3) The Devils Lake Sioux Tribe may exercise its right under paragraph (1) to purchase the interest of a person only if the governing body of such tribe notifies such person and the Secretary of the intent of such tribe to purchase such interest at least ninety days prior to the date of such purchase. (b)(1) Subsection (a) shall not apply to any interest in land acquired by the spouse of a decedent if— (A) the spouse elects the application of this subsection prior to the date which is ninety days after the date on which the

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Page:United States Statutes at Large Volume 96 Part 2.djvu/1155

 PUBLIC LAW 97-459—JAN. 12, 1983

96 STAT. 2517

governing body of the Devils Lake Sioux Tribe notifies the spouse of its intent to acquire such interest, and (B) prior to such date, the spouse retains a life estate in such interest and conveys the remainder of such interest to any heir of the decedent who is a member of such tribe. (2) If the spouse of a decedent elects the application of this subsection with respect to any interest in land which was trust or restricted land immediately prior to the death of the decedent, the life estate and the remainder of such interest created by the conveyance described in paragraph (1)(B) shall acquire such trust or restricted status. (c) This section shall only apply to interests included in the estates of decedents dying on or after the date of enactment of this title. SEC. 109. The Devils Lake Sioux Reservation, North Dakota, is Permanent hereby declared the permanent homeland of the Devils Lake Sioux homeland. Tribe. SEC. 110. The Secretary is authorized to take such action as may be necessary to carry out the purposes of this title. TITLE II SEC. 201. This title may be cited as the "Indian Land Consolidation Act". SEC. 202. For the purpose of this title— (1) "tribe" means any Indian tribe, band, group, pueblo, or community for which, or for the members of which, the United States holds lands in trust; (2) "Indian" means any person who is a member of a tribe or any person who is recognized as an Indian by the Secretary of the Interior; (3) "Secretary" means the Secretary of the Interior; and (4) "trust or restricted lands" means lands, title to which is held by the United States in trust for an Indian or an Indian tribe or lands title to which is held by Indians or an Indian tribe subject to a restriction by the United States against alienation. SEC. 203. The provisions of section 5 of the Act of June 18, 1934 (48 Stat. 985), shall apply to all tribes notwithstanding the provisions of section 18 of such Act: Provided, That nothing in this section is intended to supersede any other provision of Federal law which authorizes, prohibits, or restricts the acquisition of land for Indians with respect to any specific tribe, reservation, or state(s). SEC. 204. (a) Notwithstanding any other provision of law, any tribe, acting through its governing body, is authorized, with the approval of the Secretary to adopt a land consolidation plan providing for the sale or exchange of any tribal lands or interest in lands for the purpose of eliminating undivided fractional interests in Indian trust or restricted lands or consolidating its tribal landholdings. SEC. 205. Any Indian tribe may purchase at no less than the fair market value all of the interests in any tract of trust or restricted land within that tribe's reservation or otherwise subjected to that tribe's jurisdiction with the consent of over 50 per centum of the owners or with the consent of the owners of over 50 per centum of the undivided interests in such tract: Provided, That— (1) no such tract shall be acquired by any Indian or Indian tribe over the objection of three or less owners owning 50 per centum or more of the total interests in such tract;

Indian Land Consolidation Act. 25 USC 2201 note. Definitions. 25 USC 2201.

25 USC 2202. 25 USC 465. 25 USC 478.

Land consolidation plan. 25 USC 2203.

Interests in tract or restricted land, guidelines for purchase. 25 USC 2204.

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Page:United States Statutes at Large Volume 96 Part 2.djvu/1156

 96 STAT. 2518

Nontribal members or nonIndians, land entitlement. 25 USC 2205.

Trust account.

Mineral rights.

PUBLIC LAW 97-459—JAN. 12, 1983 (2) any Indian owning any undivided interest in, and in actual use and possession of such tract, may purchase such tract by matching the tribal offer; (3) this section shall not apply to any tract of land owned by less than fifteen persons; and (4) all purchases and sales initiated under this section shall be approved by the Secretary. SEC. 206. Notwithstanding any other provisions of law, any Indian' tribe may provide by appropriate action of its governing body, subject to approval by the Secretary, that nonmembers of the tribe or non-Indians shall not be entitled to receive by devise or descent any interest of a member of such tribe in trust or restricted lands within that tribe's reservation or otherwise subjected to that tribe's jurisdiction: Provided, That in the event a tribe takes such action— (1) the sale price or exchange value received by the tribe for land or interests in land covered by this section shall be no less than within 10 per centum of the fair market value as determined by the Secretary; (2) if the tribal land involved in an exchange is of greater or lesser value than the land for which it is being exchanged, the tribe may accept or give cash in such exchange in order to equalize the values of the property exchanged; (3) any proceeds from the sale of land or interests in land or proceeds received by the tribe to equalize an exchange made pursuant to this section shall be used exclusively for the purchase of other land or interests in land; (4) the Secretary shall maintain a separate trust account for each tribe selling or exchanging land pursuant to this section consisting of the proceeds of the land sales and exchanges and shall release such funds only for the purpose of buying lands under this section; and (5) any tribe may retain the mineral rights to such sold or exchanged lands and the Secretary shall assist such tribe in determining the value of such mineral rights and shall take such value into consideration in determining the fair market value of such lands. (b) The Secretary must execute such instrument of conveyance needed to effectuate a sale or exchange of tribal lands made pursuant to an approved tribal land consolidation plan unless he makes a specific finding that such sale or exchange is not in the best interest of the tribe or is not in compliance with the tribal land consolidation plan— (1) if an Indian dies intestate, the surviving non-Indian or nonmember spouse and/or children shall be entitled to a life estate in as much of the trust or restricted lands as he, she or they would have been entitled to take under existing law; (2) if an intestate Indian decedent has no heir to whom interests in trust or restricted lands may pass, such interests shall escheat to the tribe, subject to any non-Indian or nonmember spouse and/or children's rights as described in paragraph (1) of this section; (3) if an Indian decedent has devised interests in trust or restricted lands to persons who are ineligible for such an inheritance by reeison of a tribal ordinance enacted pursuant to this section, the devise shall be voided only if, while the estate is pending before the Secretary for probate, the tribe acquires such interests by paying to the Secretary, on behalf of the

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 PUBLIC LAW 97-459—JAN. 12, 1983 devisees, the fair market value of such interests as determined by the Secretary as of the date of the decedent's death: Provided, That any non-Indian or nonmember spouse and/or children of such decedent who have been devised such interests may retain, at their option, a life estate in such interests, or be compensated by the tribe for the value of such interests. SEC. 207. No undivided fractional interest in any tract of trust or restricted land within a tribe's reservation or otherwise subjected to a tribe's jurisdiction shall descedent by intestacy or devise but shall escheat to that tribe if such interest represents 2 per centiun or less of the total acreage in such tract and has earned to its owner less than $100 in the preceding year before it is duie to escheat. SEC. 208. The Secretary in carrying out his responsibility to regulate the descent and distribution of trust lands under section 1 of the Act of June 25, 1910 (36 Stat. 855; 25 U.S.C. 372) as amended, and other laws, shall give full faith and credit to any tribal actions taken pursuant to section 206 of this title, which provision shall apply only to estates of decedent's whose deaths occur on or after the effective date of tribal ordinances adopted pursuant to this title. SEC. 209. The Secretary shall have the authority to issue deeds, patents, or such other instruments of conveyance needed to effectuate a sale or exchange of tribal lands made pursuant to the terms of this title and to remove, at the request of an Indian owner, the trust status of individually held lands or interests therein, where authorized by law. SEC. 210. Title to any land acquired under this title by any Indian or Indian tribe shall be taken in trust by the United States for that Indian or Indian tribe. SEC. 211. All lands or interests in land acquired by the United States for an Indian or Indian tribe under authority of this title shall be exempt from Federal, State and local taxation. Approved January 12, 1983.

LEGISLATIVE HISTORY—S. 503: HOUSE REPORT No. 97-908 (Comm. on Interior and Insular Affairs). SENATE REPORT No. 97-507 (Comm. on Indian Affairs). CONGRESSIONAL RECORD, Vol. 128 (1982): Aug. 20, considered and passed Senate. Dec. 6, considered and passed House, amended. Dec. 19, Senate agreed to House amendments with amendments. Dec. 20, House concurred in Senate amendments.

96 STAT. 2519

25 USC 2206.

25 USC 2207.

Deeds or patents, issuance. 25 USC 2208.

Land title. 25 USC 2209. Tax exemption. 25 USC 2210.

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Page:United States Statutes at Large Volume 96 Part 2.djvu/1158

 96 STAT. 2520

PUBLIC LAW 97-460—JAN. 12, 1983

Public Law 97-460 97th Congress An Act Jan. 12, 1983 [8. 1540] Saratoga National Historical Park, N.Y. Boundary revision. 16 USC 159f.

Land acquisition. 16 USC 159g.

16 USC 159e.

Land transfer.

To revise the boundaries of the Saratoga National Historical Park in the State of New York, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. In order to preserve certain lands historically associated with the Battle of Saratoga and to facilitate the administration and interpretation of the Saratoga National Historical Park Oiereinafter in this Act referred to as "the park"), the boundary of the park is hereby revised to include the area generally depicted on the map entitled "Saratoga National Historical Park", numbered 80,001, and dated March 23, 1979. SEC. 2. (a) Except as provided in subsection 0>), within the boundary of the park, the Secretary of the Interior Oiereinafter in this Act referred to as the "Secretary"), is authorized to acquire lands and interests therein by donation, purchase with donated or appropriated funds, or exchange. Except for the tract identified on the aforesaid map as tract number 01-132, which was authorized to be acquired by section 115 of the Act of March 5, 1980 (94 Stat. 71), the Secretary may not acquire (except by donation) fee simple title to those lands depicted on the map as proposed for less than fee acquisition. The map shall be on file and available for public inspection in the office of the National Park Service, Department of the Interior. (b)(1) Appropriated funds may not be used to acquire lands or interests therein within the pgirk without the consent of the owner except when— (A) the Secretary determines that such owner is subjecting, or is about to subject, the property to actions which would significantly degrade its value as a component of the park; or (B) the owner fails to comply with the provisions of paragraph (2). The Secretary shall immediately notify the owner in writing of any determination under subparagraph (A). If the owner immediately ceases the activity subject to such notification, the Secretary shall attempt to negotiate a mutually satisfactory solution prior to exercising any authority provided by subsection (a) of this section. (2) If an owner of lands or interests therein within the park intends to transfer any such lands or interest to persons other than the owner's immediate family, the owner shall notify the Secretary in writing of such intention. Within forty-five days after receipt of such notice, the Secretary shall respond in writing as to his interest in exercising a right of first refusal to purchase fee title or lesser interests. If, within such forty-five days, the Secretary declines to respond in writing or expresses no interest in exercising such right, the owner may proceed to transfer such interests. If the Secretary responds in writing within such forty-five days and expresses an interest and intention to exercise a right of first refusal, the Secre-

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Page:United States Statutes at Large Volume 96 Part 2.djvu/1159

 PUBLIC LAW 97-460—JAN. 12, 1983

96 STAT. 2521

tary shall initiate an action to exercise such right within ninety days after the date of the Secretary's response. If the Secretary fails to initiate action to exercise such right within such ninety days, the owner may proceed to otherwise transfer such interests. As used in this subsection with respect to a property owner, the term "immediate family" means the spouse, brother, sister, parent, or child of such property owner. Such term includes a person bearing such relationships through adoption and a stepchild shall be treated as a natural born child for purposes of determining such relationship. (c) Subsection (b) shall not apply with respect to tract number 01-142. (d) When an owner of property within the park desires to take an action with respect to his property, he shall request, in writing, a prompt written determination from the Secretary as to the likelihood of such action provoking a determination by the Secretary under the provisions of subsection (b)(l)(A). The Secretary is thereupon directed to promptly issue such owner a certificate of exemption from condemnation for such actions proposed by the owner which the Secretary determines to be compatible with the purposes of the park. (e)(l) An owner of improved property which is used solely for noncommercial residential purposes, or for commercial agricultural purposes found to be compatible with the General Management Plan, on the date of its acquisition by the Secretary may retain, as a condition of such an acquisition, a right of use and occupancy of the property for such residential or agricultural purposes. The right retained may be for a definite term which shall not exceed twentyfive years, or in lieu thereof, for a term ending at the death of the owner. The Secretary shall pay to the owner the fair market value of the property on the date of such acquisition, less the fair market value, of the term retained by the owner. (2) Except for tract number 01-142, paragraph (1) shall not apply to property which the Secretary determines to be necessary for the purposes of administration, development, access, or public use. if) Any owner of lands or interests therein within the park who desires to have such lands or interests acquired by the Secretary may notify the Secretary in writing of such desire. It is the intention of the Congress that, upon receipt of such notification, and on the condition that such acquisition will transpire at fair market value and in accordance with other conditions acceptable to the Secretary, the Secretary shall endeavor to acquire such lands or interests therein within six months of the date of receipt of such notice from the owner.

"Immediate family."

Certificate of exemption.

Right of use and occupancy.

Fair market value.

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Page:United States Statutes at Large Volume 96 Part 2.djvu/1160

 96 STAT. 2522

Appropriation 16 U^T59f^ noi;e

PUBLIC LAW 97-460—JAN. 12, 1983

SEC. 3. Section 2 of the Act approved June 22, 1948 (62 Stat. 571; 16 U.S.C. 159d), is amended to read as follows: "SEC. 2. The Secretary of the Interior is authorized to accept all or any portion of the General Philip Schuyler Mansion property, real and personal, situated at Schuylerville, New York, comprising approximately fifty acres.". SEC. 4. There are hereby authorized to be appropriated after October 1, 1983, such sums as may be necessary, but not to exceed $1,000,000 for the acquisition of lands and interests therein, to carry out the purposes of this Act. Approved January 12, 1983.

LEGISLATIVE HISTORY—S. 1540: HOUSE REPORT No. 97-926 (Comm. on Interior and Insular Affairs). SENATE REPORT No. 97-424 (Comm. on Energy and Natural Resources). CONGRESSIONAL RECORD, Vol. 128 (1982): June 10, considered and peissed Senate. Oct. 1, considered and passed House, amended. Dec. 20, Senate concurred in House amendment.

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Page:United States Statutes at Large Volume 96 Part 2.djvu/1161

 PUBLIC LAW 97-461—JAN. 12, 1983 Public Law 97-461 97th Congress

96 STAT. 2523

An Act

To authorize the Secretary of Agriculture to assess civil penalties with respect to violations of certain Acts relating to the prevention of the introduction and dissemination into the United States of plant pests, plant diseases, and livestock and poultry diseases, to increase the eunount of criminal fines which may be imposed with respect to violations of such Acts, and for other purposes.

Jan. 12, 1983 [H.R. 6679]

Be it enacted by the Semite and House of Representatives of the United States of America in Congress assembled, That (a) section Plant, livestock 108(a) of the Federal Plant Pest Act (7 U.S.C. 150bb(a)) is amended and poultry diseases, civil by striking out "knowingly" each place it appears. penalties for (b) Section 108 of the Federal Plant Pest Act (7 U.S.C. 150gg) is introduction and dissemination. amended to read as follows: "SEC. 108. (a) Any person who— "(1) knowingly violates section 103 of this Act or any regula- 7 USC 150bb. tion promulgated under this Act; "(2) knowingly forges or counterfeits any permit or other document provided for by this Act or by any such regulation; or "(3) knowingly and without the authority of the Secretary, uses, alters, or defaces any such permit or document; shall be guilty of a misdemeanor and shall be punished by a fine not exceeding $5,000, by imprisonment not exceeding one year, or both. "(b) Any person who— "(1) violates section 103 of this Act or any regulation promulgated under this Act; "(2) forges or counterfeits any permit or other document provided for by this Act or by any such regulation; or "(3) without the authority of the Secretary, uses, alters, or defaces any such permit or document; may be assessed a civil penalty by the Secretary not exceeding $1,000. The Secretary may issue an order assessing such civil pen- Notice; hearing, alty only after notice and an opportunity for an agency hearing on the record. Such order shall be treated as a final order reviewable under chapter 158 of title 28, United States Code. The validity of 28 USC 2341 et such order may not be reviewed in an action to collect such civil penalty.". SEC. 2. The first paragraph of section 10 of the Act of August 20, 1912 (7 U.S.C. 163, 164), commonly known as the Plant Quarantine Act, is amended by striking out "That any person" and all that follows through "; and it" and inserting in lieu thereof the following: "That any person who knowingly violates any provision of this Act or any rule or regulation promulgated by the Secretary of Agriculture under this Act, or who knowingly forges or counterfeits any certificate provided for in this Act or in any such rule or regulation, or who, knowingly and without the authority of the Secretary, uses, alters, defaces, or destroys any such certificate shall be deemed guilty of a misdemeanor and shall, upon conviction thereof, be punished by a fine not exceeding $5,000, by imprisonment not exceeding one year, or both. Any person who violates any such provision, rule, or regulation, or who forges or counterfeits any such

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Page:United States Statutes at Large Volume 96 Part 2.djvu/1162

 96 STAT. 2524

PUBLIC LAW 97-461—JAN. 12, 1983

certificate, or who, without the authority of the Secretary, uses, alters, defaces, or destroys any such certificate, may be assessed a Notice; hearing. civil penalty by the Secretary not exceeding $1,000. The Secretary may issue an order assessing such civil penalty only after notice and an opportunity for an agency hearing on the record. Such order shall be treated as a final order reviewable under chapter 158 of 28 USC 2341 et title 28, United States Code. The validity of such order may not be seq. reviewed in an action to collect such civil penalty. It". SEC. 3. The Act of January 31, 1942 (7 U.S.C. 149), is amended by C inserting "(a)" after "That"; and D (2) adding at the end the following new subsection: "(b)(l) Any person who knowingly violates any rule or regulation promulgated under subsection (a) shall be guilty of a misdemeanor and shall be punished by a fine not exceeding $5,000, by imprisonment not exceeding one year, or both. "(2) Any person who violates any such rule or regulation may be assessed a civil penalty by the Secretary of Agriculture not exceedNotice; hearing. ing $1,000. The Secretary may issue an order assessing such civil penalty only after notice and an opportunity for an agency hearing on the record. Such order shall be treated as a final order reviewable 28 USC 2341 et under chapter 158 of title 28, United States Code. The validity of 8eq. such order may not be reviewed in an action to collect such civil penalty.". SEC. 4. Section 6 of the Act of August 30, 1890 (21 U.S.C. 104), is amended by striking out the last sentence and inserting in lieu thereof the following: "Any person who knowingly violates any 21 USC 102, 103, provision of this section or sections 7 through 10 of this Act or any 101,105. regulation prescribed by the Secretary of Agriculture under any such section shall be guilty of a misdemeanor and shall, on conviction, be punished by a fine not exceeding $5,000, by imprisonment not exceeding one year, or both. Any person who violates any such provision or any such regulation may be assessed a civil penalty by Notice; hearing. the Secretary of Agriculture not exceeding $1,000. The Secretary may issue an order assessing such civil pen^ty only after notice and an opportunity for an agency hearing on the record. Such order shall be treated as a final order reviewable under chapter 158 of 28 USC 2341 et title 28, United States Code. The validity of such order may not be seq. reviewed in an action to collect such civil penalty.". SEC. 5. Section 7 of the Act of May 29, 1884 (21 U.S.C. 117), commonly known as the Animal Industry Act, is amended by— (1) inserting "(a)" after "SEC. 7."; (2) inserting "or the rules and regulations prescribed by the Secretary of Agriculture under such section" after "Act"; and (3) adding at the end the following new subsection: "(b) Any person or persons operating any railroad, or master or owner of any boat or vessel, or owner or custodian of, or person having control over, cattle or other livestock or live poultry who 21 USC 115. shall violate the provisions of section 6 of this Act or the rules and regulations prescribed by the Secretary of Agriculture under such section may be assessed a civil penalty by the Secretary of not more Notice; hearing. than $1,000. The Secretary may issue an order assessing such civil penalty only after notice and an opportunity for an agency hearing on the record. Such order shall be treated as a final order reviewable 28 USC 2341 et under chapter 158 of title 28, United States Code. The validity of seq. such order may not be reviewed in an action to collect such civil penalty.".

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Page:United States Statutes at Large Volume 96 Part 2.djvu/1163

 PUBLIC LAW 97-461—JAN. 12, 1983

96 STAT. 2525

SEC. 6. Section 3 of the Act of February 2, 1903 (21 U.S.C. 122), commonly known as the Cattle Contagious Diseases Act of 1903, is amend^ by— (1) striking out "one thousand dollars" and inserting in lieu thereof "five thousand dollars"; and (2) adding at the end the following: "Any person, company, or corporation violating such provisions, orders, or regulations may be assessed a civil penalty by the Secretary of Agriculture of not more than one thousand dollars. The Secretary may issue an order assessing such civil penalty only after notice and an opportunity for an agency hearing on the record. Such order shall be treated as a final order reviewable under chapter 158 of title 28, United States Code. The validity of such order may not be reviewed in an action to collect such civil penalty.". SEC. 7. Section 6 of the Act of March 3, 1905 (21 U.S.C. 127), is amended by— (1) striking out "one thousand dollars" and inserting in lieu thereof "five thousand dollars"; and (2) adding at the end the following: "Any person, company, or corporation violating such provisions may be assessed a civil penalty by the Secretary of Agriculture of not more than one thousand dollars. The Secretary may issue an order assessing such civil penalty only after notice and an opportunity for an agency hearing on the record. Such order shall be treated as a final order reviewable under chapter 158 of title 28, United States Code. The validity of such order may not be reviewed in an action to collect such civil penalty.". SEC. 8. Section 6(a) of the Act of July 2, 1962 (21 U.S.C. 134e), is amended by— (1) inserting "(1)" after "(a)"; (2) striking out "$1,000" and inserting in lieu thereof "$5,000"; and (3) adding at the end the following new paragraph: "(2) Whoever violates any such regulation may be assessed a civil penalty by the Secretary not exceeding $1,000. The Secretary may issue an order assessing such civil penalty only after notice and an opportunity for an agency hearing on the record. Such order shall be treated as a final order reviewable under chapter 158 of title 28, United States Code. The validity of such order may not be reviewed in an action to collect such civil penalty.". SEC. 9. Section 2 of the Act of May 6, 1970 (21 U.S.C. 135a), is amended by— (1) inserting "(a)" after "SEC. 2." and (2) adding at the end the following new subsection: "(b) Any person who brings any animal to the quarantine station or moves any animal from the quarantine station, contrary to the conditions prescribed by the Secretary in regulations issued hereunder, may be assessed a civil penalty by the Secretary not to exceed $1,000. The Secretary may issue an order assessing such civil

Notice; hearing

28 USC 2341 et seq.

Notice; hearing,

28 USC 2341 et seq.

Notice; hearing,

28 USC 2341 et ^^•

Notice; hearing.

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Page:United States Statutes at Large Volume 96 Part 2.djvu/1164

 96 STAT. 2526

PUBLIC LAW 97-461—JAN. 12, 1983

penalty only after notice and an opportunity for an agency hearing on the record. Such order shall be treated as a final order reviewable 28 USC 2341 et under chapter 158 of title 28, United States Code. The validity of ^^' such order may not be reviewed in an action to collect such civil penalty.". Approved January 12, 1983.

LEGISLATIVE mSTORY—H.R. 6679: HOUSE REPORT No. 97-875 (Comm. on Agriculture). CONGRESSIONAL RECORD, Vol. 128 (1982): Sept. 28, considered and passed House. Dec. 21, considered and passed Senate.

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Page:United States Statutes at Large Volume 96 Part 2.djvu/1165

 PUBLIC LAW 97-462—JAN. 12, 1983

96 STAT. 2527

Public Law 97-462 97th Congress An Act To amend the Federal Rules of Civil Procedure with respect to certain service of process by mail, and for other purposes.

"'—'[H.R. 7154]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That this Act may Federal Rules of be cited as the "Federal Rules of Civil Procedure Amendments Act civil Procedure nf 10QO" OI VSOb.

SEC. 2. The Federal Rules of Civil Procedure are amended as

follows:

Amendments p^Q^ (jf 1982

28 USC 2071 note.

(1) Rule 4(a) of such Rules is amended by striking out "it for 28 USC app. service to the marshal or to any other person authorized by Rule 4(c) to serve it" and inserting in lieu thereof "the summons to the plaintifTor the plaintiffs attorney, who shall be responsible for prompt service of the summons and a copy of the complaint". (2) Subsection (c) of Rule 4 of such Rules is amended to read as follows: "(c) SiaiviCE.

"(1) Process, other than a subpoena or a summons and complaint, shall be served by a United States marshal or deputy United States marshal, or by a person specially appointed for that purpose. "(2)(A) A sunmions and complaint shall, except as provided in subparagraphs (B) and (O of this paragraph, be served by any person who is not a party and is not less than 18 years of age. "(B) A summons and complaint shall, at the request of the party seeking service or such party's attorney, be served by a United States marshal or deputy United States marshal, or by a person specially appointed by the court for that purpose, only— "(i) on behalf of a party authorized to proceed in forma pauperis pursuant to Title 28, U.S.C. § 1915, or of a seaman authorized to proceed under Title 28, U.S.C. § 1916, "(ii) on behalf of the United States or an officer or agency of the United States, or "(iii) pursuant to an order issued by the court stating that a United States marshal or deputy United States marshal, or a person specially appointed for that purpose, is required to serve the summons and complaint in order that service be properly effected in that particular action. "(C) A summons and complaint may be served upon a defendant of any class referred to in paragraph (1) or (3) of subdivision (d) of this rule— "(i) pursuant to the law of the State in which the district court is held for the service of summons or other like process upon such defendant in an action brought in the courts of general jurisdiction of that State, or "(ii) by mailing a copy of the summons and of the complaint (by first-class mail, postage prepaid) to the person to

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Page:United States Statutes at Large Volume 96 Part 2.djvu/1166

 96 STAT. 2528

28 USC app.

PUBLIC LAW 97-462—JAN. 12, 1983

be served, together with two copies of a notice and acknowledgment conforming substantially to form 18-A and a return envelope, postage prepaid, addressed to the sender. If no acknowle(|gment of service under this subdivision of this rule is received b^ the sender within 20 days after the date of mailing, service of such summons and complaint shall be made under subparagraph (A) or (B) of this paragraph in the manner prescribed by subdivision (d)(1) or (d)(3). "(D) Unless good cause is shown for not doing so the court shall order the payment of the costs of personal service by the person served u such person does not complete and return within 20 days after mailing, the notice and acknowledgment of receipt of summons. "(E) The notice and acknowledgment of receipt of summons and complaint shall be executed under oath or afilrmation. "(3) The court shall freely make special appointments to serve summonses and complaints under paragraph (2)(B) of this subdivision of this rule and all other process under paragraph (1) of this subdivision of this rule.". (3) Rule 4(d) of such Rules is amended— (A) by striking out "SUMMONS: PERSONAL SERVICE" and inserting "SUMMONS AND COMPLAINT: PERSON TO BE SERVED in lieu thereof; and (B) by striking out paragraph 7. (4) Rule 4(d)(5) of such Rules is amended— (A) by striking out "delivering" and inserting "sending" in lieu thereof, and (B) by inserting "by registered or certified mail" after "complaint". (5) Rule 4(e) of such Rules is amended by striking out "SAME" and inserting "SUMMONS" in lieu thereof (6) Subdivision (g) of Rule 4 of such Rules is amended to read as follows: "(g) RETURN. The person serving the process shall make proof of service thereof to the court promptly and in any event within the time during which the person served must respond to the process. If service is made by a person other than a United States marshal or deputy United States marshal, such person shall make affidavit thereof If service is made under subdivision (c)(2)(C)(ii) of this rule, return shall be made by the sender's filing with the court the acknowledgment received pursuant to such subdivision. Failure to make proof of service does not affect the validity of the service.". (7) Rule 4 of such Rules is amended by adding at the end the following: "0") SUMMONS: TIME LIMIT FOR SERVICE. If a service of the summons and complaint is not made upon a defendant within 120 days £ ^ r the filing of the complaint and the party on whose behalf such service was required cannot show good cause why such service was not made within that period, the action shall be (Usmissed as to that defendant without prejudice upon the court's own initiative with notice to such party or upon motion. This subdivision shall not apply to service in a foreign country pursuant to subdivision (i) of this rule.". SEC. 3. The Appendix of Forms at the end of the Federal Rules of Civil Procedure is amended by inserting after Form 18 the following:

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Page:United States Statutes at Large Volume 96 Part 2.djvu/1167

 PUBLIC LAW 97-462—JAN. 12, 1983

96 STAT. 2529

"FORM 18-A.—NOTICE AND ACKNOWLEDGMENT FOR SERVICE BY MAIL.

"United States District Court for the Southern District of New York "CSvil Action, File Number "A. B., Plaintiff V.

"C. D., Defendant

Notice and Acknowledgment of Receipt of Summons and Complaint "NOTICE

"To: (insert the name and address of the person to be served.) "The enclosed summons and complamt are served pursuant to Rule 4(c)(2)(C)(ii) of the Federal Rules of Civil Procedure. "You must complete the acknowledgment part of this form and return one copy of the completed form to the sender within 20 days. "You must sign and date the acknowledgment. If you are served on behalf of a corporation, unincorporated association (including a partnership), or other entity, you must indicate under your signature your relationship to that entity. If you are served on behalf of another person and you are authonized to receive process, you must indicate under your signature your authority. "If you do not complete and return the form to the sender within 20 days, you (or the party on whose behalf you are being served) may be required to pay any expenses incurred in serving a summons and complaint in any other manner permitted by law. "If you do complete and return this form, you (or the party on whose behalf you are being served) must answer the complaint within 20 days. If you fail to do so, judgment by default will be taken against you for the relief demanded in the complaint. "I declare, under penalty of perjury, that this Notice and Acknowledgment of Receipt of Summons and Complaint was mailed on (insert date). Signature Date of Signature

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Page:United States Statutes at Large Volume 96 Part 2.djvu/1168

 96 STAT. 2530

PUBLIC LAW 97-462—JAN. 12, 1983 "ACKNOWLEDGMENT OF RECEIPT OF SUMMONS AND COMPLAINT

"I declare, under penalty of perjury, that I received a copy of the summons and of the complaint in the above-captioned manner at (insert address). Signature Relationship to Entity/Authority Receive Service of Process

to

Date of Signature".

Effective date. 28 USC 2071 28 USC 2071 note.

SEC. 4. The amendments made by this Act shall take effect 45 days after the enactment of this Act. SEC. 5. The amendments to the Federal Rules of Civil Procedure, the effective date of which was delayed by the Act entitled "An Act to delay the effective date of proposed amendments to rule 4 of the Federal Rules of Civil Procedure", approved August 2, 1982 (96 Stat. 246), shall not take effect. SEC. 6. Section 951 of title 18, United States Code, is amended by striking out "$5,000" and inserting in lieu thereof "$75,000". Approved January 12, 1983.

LEGISLATIVE HISTORY—H.R. 7154: CONGRESSIONAL RECORD, Vol. 128 (1982): Dec. 15, considered and passed House. Dec. 19, considered and passed Senate, amended. Dec. 20, House agreed to Senate amendment with an amendment. Dec. 21, Senate concurred in House amendment.

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Page:United States Statutes at Large Volume 96 Part 2.djvu/1169

 PUBLIC LAW 97-463—JAN. 12, 1983 Public Law 97-463 97th Congress

96 STAT. 2531

An Act To amend title 28 to provide protection to all jurors in Federal cases to clarify the compensation of attorneys for jurors in protecting their employment rights, and authorizing the service of jury summonses by ordinary mail.

Jan. 12, 1983 [S. 2863]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That section 1875(d) Jurors and attorneys for of title 28, United States Code, is amended— Federal cases, (1) by inserting "(1)" immediately after "(d)"; and protection and (2) by amending paragraph (2) to read as follows: compensation. "(2) In any action or proceeding under this section, the court may Attorneys' fees. award a prevailing employee who brings such action by retained counsel a reasonable attorney's fee as part of the costs. The court may tax a defendant employer, as costs payable to the court, the attorney fees and expenses incurred on behalf of a prevailing employee, where such costs were expended by the court pursuant to paragraph (1) of this subsection. The court may award a prevailing employer a reasonable attorney's fee as part of the costs only if the court finds that the action is frivolous, vexatious, or brought in bad faith.". SEC. 2. (a) The second paragraph of section 1866(b) of title 28, United States Code, is amended to read as follows: "Each person drav^ for jury service may be served personally, or by registered, certified, or first-class mail addressed to such person at his usual residence or business address.". (b) The fourth paragraph of section 1866(b) of title 28, United States Code, is amended to read as follows: "If such service is made by mail, the summons may be served by the marshal or by the clerk, the jury commission or their duly designated deputies, who shall make affidavit of service and shall attach thereto any receipt from the addressee for a registered or certified summons.". SEC. 3. Chapter 121 of title 28, United States Code, is amended— (1) by adding at the end thereof the following: 28 USC 1877. "§ 1877. Protection of jurors "(a) Subject to the provisions of this section and title 5 of the United States C!ode, subchapter 1 of chapter 81, title 5, United States Code, applies to a Federal grand or petit juror, except that entitle- 5 USC 8101. ment to disability compensation payments does not commence until the day after the date of termination of service as a juror. "(b) In administering this section with respect to a juror covered by this section— "(1) a juror is deemed to receive monthly pay at the minimum Pay rate. rate for grade GS-2 of the General Schedule unless his actual 5 USC 5332 note. pay as a Government employee while serving on court leave is higher, in which case monthly pay is determined in accordance with section 8114 of title 5, United States Oxle, and "(2) performance of duty as a juror includes that time when a juror is (A) in attendance at court pursuant to a summons, (B) in

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 96 STAT. 2532

PUBLIC LAW 97-463—JAN. 12, 1983 deliberation, (C) sequestered by order of a judge, or (D) at a site, by order of the court, for the taking of a view."; and (2) by amending the table of sections for such chapter by adding after the item relating to section 1876, the following:

"1877. Protection of jurors.".

SEC. 4. Section 8101 of title 5, United States Code, is amended in paragraph (F) of subsection (1) by striking out "juror" through the end of such paragraph and inserting in lieu thereof "juror;". Approved January 12, 1983.

LEGISLATIVE HISTORY—S. 2863: SENATE REPORT No. 97-674 (Comm. on the Judiciary). CONGRESSIONAL RECX)RD, Vol. 128 (1982): Dec. 21, considered and passed Senate and House.

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 PUBLIC LAW 97-464—JAN. 12, 1983 Public Law 97-464 97th Congress

96 STAT. 2533

An Act

To amend the Earthquake Hazards Reduction Act of 1977 to extend authorizations of appropriations, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, TITLE I—EARTHQUAKE HAZARDS REDUCTION PROGRAM

Jan.12, 1983 [S. 2273] Earthquake Hazards Reduction Act of 1977, amendment.

SEC. 101. (a) Section 7(a) of the Earthquake Hazards Reduction Act of 1977 is amended by adding at the end thereof the following new 42 USC 7706. paragraph: "(4) There are authorized to be appropriated to the Director, to Appropriation carry out the provisions of sections 5 and 6 of this Act, $1,281,000 for authorizations. 42 USC 7704, the fiscal year ending September 30, 1983.". 7705. (b) Section 7(b) of such Act is amended by striking out "and" after "1981;", and by inserting "; and $31,843,000 for the fiscal year ending September 30, 1983" before the period at the end thereof. (c) Section 7(c) of such Act is amended by striking out "and" after "1981;", and by inserting "; and $25,000,000 for the fiscal year ending September 30, 1983" before the period at the end thereof. (d) Section 7(d) of such Act is amended by striking out "and" after "1981;", and by inserting "; and $475,000 for the fiscal year ending September 30, 1983" before the period at the end thereof (e) Section 7(e) of such Act is amended by striking out "the fiscal year ending September 30, 1982" and inserting in lieu thereof "each of the fiscal years ending September 30, 1982 and September 30, 1983". TITLE II—MULTIHAZARD RESEARCH, PLANNING, AND MITIGATION SEC. 201. Section 302 of Public Law 96-472 is amended by adding at the end thereof the following new subsection: "(c) For the fiscal year ending September 30, 1983, there are authorized to be appropriated to the Director— "(1) $2,774,000 to carry out section 301, which amount shall include— "(A) not less than $300,000 to carry out the purposes of paragraphs (1) through (6) of such section; "(B) such sums as may be necessary, but in any case not less than $939,000, for use by the United States Fire Administration in carrying out paragraph (7) of such section; and "(C) not less than $1,535,000 to carry out paragraph (8) of such section with respect to those large California earthquakes which were identified by the National Security Council's Ad Hoc Committee on Assessment of Consequences and Preparations for a Major California Earth-

Appropriation

authorization. 50 USC app. 2251 note.

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 96 STAT. 2534

PUBLIC LAW 97-464—JAN. 12, 1983 quake and with respect to other high seismic risk areas in the United States; and ''(2) such further sums as may be necessary for adjustments required by law in salaries, pay, retirement, and employee benefits incurred in the conduct of activities for which funds are authorized by paragraph (1) of this subsection.". Approved January 12, 1983.

LEGISLATIVE HISTORY—S. 2273 (H.R. 6272): HOUSE REPORTS: No. 97-535, Pt. 1 (Comm. on Interior and Insular Affairs) and Pt. 2 (Comm. on Science and Technology), both accompanying H.R. 6272. SENATE REPORT No. 97-336 (Comm. on Commerce, Science, and Transportation). CONGRESSIONAL RECORD, Vol. 128 (1982): Apr. 29, considered and passed Senate. Sept. 14, H.R. 6272 considered and passed House; S. 2273, amended, passed in lieu. Oct. 1, Senate agreed to House amendments with amendments; House concurred in certain Senate amendments and in another with an amendment. Dec. 16, Senate concurred in House amendment.

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Page:United States Statutes at Large Volume 96 Part 2.djvu/1173

 PUBLIC LAW 97-465—JAN. 12, 1983

96 STAT. 2535

Public Law 97-465 97th Congress An Act To authorize the Secretary of Agriculture to convey certain National Forest System lands, and for other purposes.

Jan. 12, 1983 [S. 705]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That for purposes National Forest System, of this Act— land conveyance. (1) the term "person" includes any State or any political 16 USC 521c. subdivision or entity thereof; Definitions. (2) the term "interchange" means a land transfer in which the Secretary and another person exchange titles to lands or interests in lands of approximately equal value where the Secretary finds that such a value determination can be made without a formal appraisal and under such regulations as the Secretary may prescribe; and (3) the term "Secretary" means the Secretary of Agriculture of the United States. SEC. 2. The Secretary is authorized, when the Secretary deter- 16 USC 521d. mines it to be in the public interest— (1) to sell, exchange, or interchange by quitclaim deed, all right, title, and interest, including the mineral estate, of the United States in and to National Forest System lands described in section 3; and (2) to accept as consideration for the lands sold, exchanged, or interchanged other lands, interests in lands, or cash payment, or any combination of such forms of consideration, which, in the case of conveyance by sale or exchange, is at least equal in value, including the mineral estate, or, in the case of conveyance by interchange, is of approximately equal value, including the mineral estate, to the lands being conveyed by the Secretary. The Secretary shall insert in any such quitclaim deed such terms, convenants, conditions, and reservations as the Secretary deems necessary to ensure protection of the public interest, including protection of the scenic, wildlife, and recreation values of the National Forest System and provision for appropriate public access to and use of lands within the System. The preceding sentence shall not be applicable to deeds issued by the Secretary to lands outside the boundary of units of the National Forest System. SEC. 3. The National Forest System lands which may be sold, 16 USC 521e. exchanged, or interchanged under this Act are those the sale or exchange of which is not practicable under any other authority of the Secretary, which have a value as determined by the Secretary of not more than $150,000, and which are— (1) parcels of forty acres or less which are interspersed with or adjacent to lands which have been transferred out of Federal ownership under the mining laws and which are determined by the Secretary, because of location or size, not to be subject to efficient administration;

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 96 STAT. 2536

16 USC 521f.

Right-of-way.

Waiver.

16 USC 521g.

Regulations. 16 USC 521h.

Restrictions. 16 USC 521i.

16 USC 484a.

PUBLIC LAW 97-465—JAN. 12, 1983

(2) parcels of ten acres or less which are encroached upon by improvements occupied or used under claim or color of title by persons to whom no advance notice was given that the improvements encroached or would encroach upon such parcels, and who in good faith relied upon an erroneous survey, title search, or other land description indicating that there was not such encroachment; or (3) road rights-of-way, reserved or acquired, which are substantially surrounded by lands not owned by the United States and which are no longer needed by the United States, subject to the first right of abutting landowners to acquire such rights-ofway. SEC. 4. Any person to whom lands are conveyed under this Act shall bear all reasonable costs of administration, survey, and appraisal incidental to such conveyance, as determined by the Secretary. In determining the value of any lands or interest in lands to be conveyed under this Act, the Secretary may, in those cases in which the Secretary determines it would be in the public interest, exclude from such determination the value of any improvements to the lands made by any person other than the Government. In the case of road rights-of-way conveyed under this Act, the person to whom the right-of-way is conveyed shall reimburse the United States for the value of any improvements to such right-of-way which may have been made by the United States. The Secretary may, in those cases in which the Secretary determines that it would be in the public interest, waive payment by any person of costs incidental to any conveyance authorized by this Act or reimbursement by any person for the value of improvements to rights-of-way otherwise required by this section. SEC. 5. Conveyance of any road rights-of-way under this Act shall not be construed as permitting any designation, maintenance, or use of such rights-of-way for road or other purposes except to the extent permitted by State or local law and under conditions imposed by such law. SEC. 6. The Secretary shall issue regulations to carry out the provisions of this Act, including specification of— (1) criteria which shall be used in making the determination as to what constitutes the public interest; (2) the definition of and the procedure for determining "approximately equal value"; and (3) factors relating to location or size which shall be considered in connection with determining the lands to be sold, exchanged, or interchanged under clause (1) of section 3. SEC. 7. Nothing in this Act shall authorize conveyance of Federal lands within the National Wilderness Preservation System, National Wild and Scenic Rivers System, National Trails System, or National Monuments. Nothing in this Act shall authorize sale of Federal lands, within National Recreation Areas. SEC. 8. (a) The Act of December 4, 1967 (81 Stat. 531), is amended by inserting before the phrase "public school district" wherever it appears, and before the phrase "public school authority" the second time it appears, the words "State, county, or municipal government or".

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 PUBLIC LAW 97-465—JAN. 12, 1983

96 STAT. 2537

(b) The Act of December 4, 1967 (81 Stat. 531), is further amended 16 USC 484a. by adding the following at the end thereof: "Lands may be conveyed to any State, county, or municipal government pursuant to this Act only if the lands were being utilized by such entities on the date of enactment of this sentence. Lands so conveyed may be used only for the purposes for which they were being used prior to conveyance.". Approved January 12, 1983.

LEGISLATIVE HISTORY—S. 705 (H.R. 3021): HOUSE REPORT No. 97-492, pt. 1 accompanying H.R. 3021 (Ctomm. on Agriculture). SENATE REPORTS: No. 97-382 (Comm. on Agriculture, Nutrition, and Forestry) and No. 97-490 (Comm. on Energy and Natural Resources). CONGRESSIONAL RECORD, Vol. 128 (1982): Aug. 19, considered and passed Senate. Dec. 21, considered and passed House.

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Page:United States Statutes at Large Volume 96 Part 2.djvu/1176

 96 STAT. 2538

PUBLIC LAW 97-466—JAN. 13, 1983

Public Law 97-466 97th Congress

An Act Jan. 13, 1983 [H.R. 5161] Monongahela National Forest, W.Va. Land designations. 16 USC 1131 note. 16 USC 1132 note.

To designate certain lands in the Monongahela National Forest, West Virginia, as wilderness; and to designate management of certain lands for uses other than wilderness.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, DESIGNATION OF WILDERNESS AREAS

1. In furtherance of the purposes of the Wilderness Act, the following lands are hereby designated as wilderness, and therefore, as components of the National Wilderness Preservation System— (1) certain lands in the Monongahela National Forest, West Virginia, which comprise approximately thirty-five thousand six hundred acres, as generally depicted on a map entitled "Cranberry Wilderness—Proposed", dated May 1982, and which shall be known as the Cranberry Wilderness: Provided, That for purposes of the Act of July 14, 1955 (69 Stat. 322) as amended, the Cranberry WUdemess may be reclassified only by Act of Congress enacted after the date of enactment of this Act; (2) certain lands in the Monongahela National Forest, West Virginia, which comprise approximately six thousand one hundred acres, as generally depicted on a map entitled "Laurel Fork North Wilderness—Proposed", dated November 1981, and which shall be known as the Laurel Fork North Wilderness; and (3) certain lands in the Monongahela National Forest, West Virginia, which comprise approximately six thousand one hundred acres, as generally depicted on a map entitled "Laurel Fork South Wilderness—Proposed", dated November 1981, and which shall be known as the Laurel Fork South Wilderness. SECTION

MAPS AND DESCRIPTIONS Filing.

Public availability.

SEC. 2. As soon as practicable after the provisions of this Act take effect, the Secretary of Agriculture shall file maps and legal descriptions of each wilderness area designated by this Act with the Committee on Interior and Insular Affairs and the Committee on Agriculture of the House of Representatives and the Committees on Energy and Natural Resources and Agriculture, Nutrition, and Forestry of the United States Senate, and each such map and legal description shall have the same force and effect as if included in this Act: Provided, however. That correction of clerical and t3rpographical errors in such legal descriptions and maps may be made. Each such map and legal description shall be on file and available for public inspection in the office of the Chief, United States Forest Service, Department of.Agriculture.

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 PUBLIC LAW 97-466—JAN. 13, 1983

96 STAT. 2539

ADMINISTRATION OF WILDERNESS

SEC. 3. Subject to valid existing rights, each wilderness area designated by this Act shall be administered by the Secretary of Agriculture in accordance with the provisions of the Wilderness Act governing areas designated by that Act as wilderness: Provided, That any reference in such provisions to the effective date of the Wilderness Act shall be deemed to be a reference to the effective date of the relevant provision of this Act.

16 USC 1131 note.

DISPOSITION OF VALID EXISTING RIGHTS

SEC. 4. (a) The Secretary of the Interior (hereinafter in this Act referred to as "the Secretary"), in consultation with the Secretary of Agriculture, shall acquire: (1) all nonfederally owned coal deposits and other mineral interests and rights within the boundaries of the Cranberry Wilderness; and (2) coal deposits and mineral interests and rights outside the boundaries of the Cranberry Wilderness which are— (A) contiguous to the deposits, mineral interests, and rights referred to in paragraph (1) and owned by the person or entity which owns the deposits, interests, and rights referred to in paragraph (1); or (B) economically accessible only through the exercise of rights held within the wilderness. (b) For purposes of carrying out the acquisition required under Negotiations subsection (a), not later than three months after the date of enactment of this Act, the Secretary shall initiate negotiations with the owner of the coal deposits or other mineral interests and rights within the Cranberry Wilderness. (c)(1) The Secretary shall conduct such coal or mineral evaluations with respect to the coal or other mineral interests or rights within the Cranberry Wilderness as may be necessary to determine fair market value. The fair market value of any rights as may exist shall Fair market be determined without reference to any restriction on access or use value. which may result from designation of the area as a wilderness. In determining fair market value the Secretary may contract with the owner to perform any necessary exploratory drilling or other evaluation work and may compensate the owner therefor through payment of money or as an addition to the monetary credit under this Act. Where the Secretary conducts such evaluations, he shall provide the owner with all data available to the Secretary as a result of the evaluations. (2) Within one year of the date of enactment of this Act, the Secretary, in consultation with the owner shall determine the present fair market value of coal deposits and mineral interests and rights. (A) The determination of fair market value shall be based on the replacement cost of the unmined recoverable coal deposits and mineral interests and rights in the ground, taking into account comparable sales recoverable minerals of comparable nature in the ground in the eastern United States, costs of compliance with all applicable Federal, State, and local laws and regulations, including reclamation and restoration of the land (including wetlands) and other costs normally incurred in the mining of such minerals.

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Page:United States Statutes at Large Volume 96 Part 2.djvu/1178

 96 STAT. 2540 Monetary credits.

Fair market value.

Appropriation authorization.

PUBLIC LAW 97-466—JAN. 13, 1983

(B) Upon voluntary surrender and relinquishment by the owner of all nonfederally owned coal deposits and other mineral interests and rights in the Cranberry Wilderness, the Secretary shall extend to the owner, its successors and assigns, a monetary credit to be used against that portion of payment, bonus pa3anents, rental or royalty payments paid into the Treasury of the United States and retained by the Federal Government on any mineral, oil, or gas lease or other Federal property competitively won or otherwise held by the applicant, its successors, or assigns. The monetary credit may be transferred or sold at any time by the owner to any other party with all the rights of the owner to the credit, and after such transfer, the owner shall notify the Secretary. In lieu of the monetary credits described above, the Secretary may, at his sole option, purchase the mineral rights referred to above. (C) Monetary credits authorized pursuant to this subsection shall be based on the fair market value of the owner's mineral interests as determined pursuant to subsection (c) of this section. Such credit shall be used over a period of years with not more than ten percent of the credit to be used in any one year. (d) In the event the Secretary and the owner cannot agree on fair market value within one year of the date of enactment of this Act, either the Secretary or the owner shall have the right to petition the United States Claims Court for determination of fair market value in accordance with the standards set forth in this subsection, and said Court shall have jurisdiction to make said determination which shall be binding on all parties for purposes of this Act subject to the right of appeal. (e) Effective October 1, 1983, there are hereby authorized to be appropriated such sums as may be necessary to establish the value of the nonfederally owned mineral interests or rights lying within the Cranberry Wilderness area. Effective October 1, 1983, there are hereby authorized to be appropriated such sums as are necessary to carry out the other provisions of this Act: Provided, That no payment shall be effective except to the extent or in such amounts as are provided in advance in Appropriation Acts. (f) Exploration activities, including core drilling and use of mechanized ground equipment, shall be allowed in the Cranberry Wilderness designated by this Act to determine the value of the nonfederally owned mineral resources therein, under such reasonable stipulations and conditions as may be imposed by the Secretary of Agriculture. OTHER PROVISIONS

SEC. 5. (a) The Congress finds that— (1) the Department of Agriculture has completed the second Roadless Area Review and Evaluation program (RARE II); and (2) the Congress has made its own review and examination of National Forest System roadless areas in the State of West Virginia and of the environmental impacts associated with alternative allocations of such areas. Ob) On the basis of such review, the Congress hereby determines and directs that— (1) without passing on the question of the legal and factual sufficiency of the RARE II final environmental statement (dated January 1979) with respect to National Forest System

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 PUBLIC LAW 97-466—JAN. 13, 1983

96 STAT. 2541

lands in States other than West Virginia, such statement shall not be subject to judicisd review with respect to National Forest System lands in the State of West Virginia; (2) with respect to the National Forest System lands in the State of West Virginia which were reviewed by the Department of Agriculture in the second roadless area review and evaluation (RARE n), that review and evaluation shall be deemed for the purposes of the initial land management plans required for such lands by the Forest and Rangeland Renewable Resources Planning Act of 1974 as amended by the National Forest Management Act of 1976 to be an adequate consideration of the suitability of such lands for inclusion in the National Wilderness Preservation System and the Department of Agriculture shall not be required to review the wilderness option prior to the revision of the initial plans and in no case prior to the date established by law for completion of the initial planning cycle; (3) areas in the State of West Virginia reviewed in such final environmental statement and not designated as wilderness by this Act need not be managed for the purpose of protecting their suitability for wilderness des^ation pending revision of the initial plans; and (4) unless expressly authorized by Congress the Department of Agriculture shall not conduct any further statewide roadless area review and evaluation of national forest system lands in the State of West Virginia for the purposes of determining their suitability for inclusion in the National Wilderness Preservation System.

16 USC 1600 note. 16 USC 1600 note.

Restriction.

POCAHONTAS COUNTY AND WEBSTER COUNTY, WEST VIRGINIA

SEC. 6. Notwithstanding any other provision of law, effective October 1, 1983, there is hereby authorized to be appropriated up to $2,200,000 to be paid to Pocahontas and Webster C!ounties, West Virginia; such sum in compensation for property tax revenues and other taxes or pa3mients foregone by the aforementioned counties as a consequence of the acquisition of the nonfederally owned coal deposits and other mineral interests and rights within the boundaries of the Cranberry Wilderness as designated by this Act. Approved January 13, 1983.

LEGISLATIVE HISTORY—H.R. 5161: HOUSE REPORT No. 97-561, pt. 1 (Comm. on Interior and Insular Affairs). CONGRESSIONAL RECORD, Vol. 128 (1982): June 14, considered and passed House. Dec. 18, considered and passed Senate, amended. Dec. 20, House agreed to Senate amendment with an amendment; Senate WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 19, No. 2 (1983): Jan. 13, Presidential statement.

Appropriation authorization.

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Page:United States Statutes at Large Volume 96 Part 2.djvu/1180

 96 STAT. 2542

PUBLIC LAW 97-467—JAN. 14, 1983

Public Law 97-467 97th Congress A n Act Jan. 14, 1983 [H.R. 6538]

Tennyson BuUding Designation.

To designate the Federal Building in Lima, Ohio, as the "Tennyson Guyer Federal Bmlding".

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the building located at 401 West North Street, Lima, Ohio, 45801, known as the Lima Federal Building, shall hereafter be known and designated as the "Tennyson Guyer Federal Building". Any reference in a law, map, r^ulation, document, record, or other paper of the United States to the Lima Federal Building shall be deemed to be a reference to the Tennyson Guyer Federal Building. Approved January 14, 1983.

LEGISLATIVE HISTORY—H.R. 6538: CONGRESSIONAL RECORD, Vol. 128 (1982): Dec. 17, considered and passed House. Dec. 21, considered and passed Senate.

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 PUBLIC LAW 97-468—JAN. 14, 1983

96 STAT. 2543

Public Law 97 -468 97th Congress An Act Making technical corrections to the Natural Gas Pipeline Safety Act of 1968 and the Hazardous Liquid Pipeline Safety Act of 1979, and for other purposes.

Be it enacted by the Semite and House of Representatives of the United States of America in Congress assembled. That titles II through VII of this Act may be cited as the "Rail Safety and Service Improvement Act of 1982". TITLE I—NATURAL GAS PIPELINE SAFETY SEC. 101. Section 4(b) of the Natural Gas Pipeline Safety Act of 1968 (49 U.S.C. 1673(b)) and section 204(b) of the Hazardous Liquid Pipeline Safety Act of 1979 (49 U.S.C. 2003(b)) are each amended by striking "once every 6 months." and substituting "twice each calendar year.". SEC. 102. Section 8(a) of the Natural Gas Pipeline Safety Act of 1968 (49 U.S.C. 1675(a)) is amended by striking "sixtieth day" and substituting "90th day". SEC. 103. Section 206(a) of the Hazardous Liquid Pipeline Safety Act of 1979 (49 U.S.C. 2005(a)) is amended by striking "60th day^' and substituting "90th day". SEC. 104. Section 5(a) of the Natural Gas Pipeline Safety Act of 1968 (49 U.S.C. 1674(a)) is amended by striking "(other than subsection (a)(3) thereof)" and substituting "(other than subsection (aK2) thereof)". TITLE II-BANKRUPT RAILROADS SHORT TITLE

SEC. 201. This title may be referred to as the "Bankrupt Railroad Service Preservation and Employee Protection Act of 1982".

Jan. 14, 1983 [H.R. 3420] Rail Safety and Service Improvement Act of 1982. 45 USC 421 note.

Bankrupt Railroad Service Preservation and Employee Protection Act of 1982. 45 USC 901 note.

Subtitle A—Service Preservation PURPOSE

SEC. 211. It is the purpose of this subtitle to continue the effort by Congress to assure service over the lines of rail carriers subject to liquidation in instances where rail carriers are willing to provide service over such lines and financially responsible persons are willing to purchase the lines for continued rail operations.

45 USC 901 note.

FINDINGS

SEC. 212. The Congress finds that— (1) it is necessary to establish procedures to facilitate and expedite the acquisition of rail lines of carriers subject to liquidation by financially responsible persons in instances where service is not being provided over the line by the carrier and

45 USC 901 note.

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 96 STAT. 2544

PUBLIC LAW 97-468—JAN. 14, 1983 where the financially responsible person seeks to provide rail service over the line; (2) procedures set forth in the amendments made by this title represent an exercise of the powers of the Congress under the Constitution to regulate commerce among the several States which will provide a practicable means for preserving rail service, thus benefiting shippers, employees, and the economies of the States in which such carriers subject to liquidation have operated service, and for facilitating interstate commerce, while at the same time providing safeguards to protect the interest of the estates of such carriers by requiring compensation which is not less than the constitutionally required minimum; and (3) it is in the public interest that the Interstate Commerce Commission's authority to issue orders involving temporary authority to operate service over lines of carriers subject to liquidation be clarified. AMENDMENTS TO THE MILWAUKEE RAILROAD RESTRUCTURING ACT

SEC. 213. Section 17(b) of the Milwaukee Railroad Restructuring Act (45 U.S.C. 915(b)) is amended— (1) by redesignating paragraph (3) as paragraph (4); and (2) by inserting after paragraph (2) the following new paragraph: carrier subject to liquidation a rail line or lines over which no service is provided by that carrier, and that offer has been or is rejected by the trustee in bankruptcy of such carrier, such person may submit an application to the Commission seeking approval of such person's acquisition of such line or lines. A copy of any such application shall be filed simultaneously with the court. "(B) The Commission shall, within 15 days after the filing of an application under subparagraph (A) of this paragraph, determine whether the applicant— "(i) is a financially responsible person; and "(ii) has made a bona fide offer to acquire the line or lines under reasonable terms. "(C)(i) If the Commission's determination under subparagraph (B) of this paragraph is affirmative with respect to the matters referred to in clauses (i) and (ii) of such subparagraph, the applicant and the trustee in bankruptcy (hereafter in this paragraph referred to collectively as the 'parties') shall enter into negotiations with respect to terms for the acquisition of the line or lines applied for. If the parties at any time agree on such terms, a request for approval of the acquisition shall be filed with the Commission and the court. If the parties are unable to agree to such terms within 30 days after the date of the Commission's determination under subparagraph (B) of this paragraph, either party may, within 60 days after the expiration of such 30-day period, request the Commission to prescribe terms for such acquisition, including compensation for the line or lines to be acquired. The Commission shall prescribe such terms within 60 days after any such request is made. The terms prescribed by the Commission shall be binding upon both parties, subject to court review as provided in subparagraph (D) of this paragraph, except that the applicant may withdraw its offer within 10 days after the Commission prescribes such terms.
 * (3)(A) If a person has made or makes an offer to acquire from a

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