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  “ 212. (a) The Council shall submit its budget annually as a related agency of the Department of the Interior. To carry out the provisions of this title, there are authorized to be appropriated not more than $1,500,000 in fiscal year 1977, $1,750,000 in fiscal year 1978, and $2,000,000 in fiscal year 1979.

“(b) Whenever the Council submits any budget estimate or request to the President or the Office of Management and Budget, it shall concurrently transmit copies of that estimate or request to the House and Senate Appropriations Committees and the House Committee on Interior and Insular Affairs and the Senate Committee on Interior and Insular Affairs.”.

202. Section 5316 of title 5 of the United States Code is amended by adding at the end thereof the following new paragraph:

“(135) Executive Director, Advisory Council on Historic Preservation.”.

301. Section 35 of the Act of February 25, 1920 (41 Stat. 450), as amended (30 U.S.C. 191), is further amended by striking the period at the end of the proviso and inserting in lieu thereof the language as follows: “: And provided further, That all moneys paid to any State from sales, bonuses, royalties, and rentals of oil shale in public lands may be used by such State and its subdivisions for planning, construction, and maintenance of public facilities, and provision of public services, as the legislature of the State may direct, giving priority to those subdivisions of the State socially or economically impacted by the development of the resource.”.

Approved September 28, 1976.

SENATE REPORT No. 94-367 (Comm. on Interior and Insular Affairs).

CONGRESSIONAL RECORD:
 * Vol. 121 (1975): Oct. 29, considered and passed Senate.
 * Vol. 122 (1976): May 5, considered and passed House, amended, in lieu of H.R. 12234.
 * Sept. 10, House agreed to conference report.
 * Sept. 13, Senate agreed to conference report.

WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS:
 * Vol. 12, No. 40 (1976): Sept. 28, Presidential statement.


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Page:United States Statutes at Large Volume 90 Part 1.djvu/1374

 90 STAT. 1324

PUBLIC LAW 9 4 - 4 2 3 ~ S E P T. 28, 1976

Public Law 94-423 94th Congress An Act Sept. 28, 1976 [S. 3283] Reclamation Authorizations Act of 1976.

To authorize various Federal reclamation projects and programs, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act shall be known as the Reclamation Authorizations Act of 1976. TITLE

I

KANOPOLIS U N I T, KANSAS

^

.

>

SEC. 101. The Kanopolis unit, heretofore authorized as an integral part of the Pick-Sloan Missouri Basin program by the Act of Decem*.., ber 22, 1944 (58 Stat. 887, 891), is hereby reauthorized as part of that project. The construction, operation, and maintenance of the Kanopolis unit for the purposes of providing irrigation water for approximately twenty thousand acres of land, municipal and industrial water supply, fish and wildlife conservation and development, environmental preservation, and other purposes shall be prosecuted by the Secretary of the Interior in collaboration with the Secretary of the Army acting through the Chief of Engineers, in accordance with the Federal 43 USC 391 note, reclamation laws (Act of June 17, 1902; 32 Stat. 388, and Acts amendatory thereof or supplementary thereto). The principal features of the Kanopolis unit shall include the modification of the existing Kanopolis Dam and Lake, an irrigation diversion structure, the Kanopolis north and south canals, laterals, drains, and necessary facilities to effect the aforesaid purposes of the unit. Kanopolis SEC. 102. Upon expiration of existing leases for agricultural use of Reservoir area. publicly owned lands, in the Kanopolis Reservoir area, the Secretary of the Army is authorized to enter into a management agreement covering said lands with the Kansas Forestry, Fish and Game Commission. The Secretary of the Army is further authorized to include provisions in such operating agreements whereby revenues deriving from future use of said reservoir lands for agricultural purposes may be retained by the game commission to the extent that they are utilized for wildlife management purposes at Kanopolis Reservoir. SEC. 103. The Kanopolis unit shall be integrated physically and financially with the other Federal works constructed under the comprehensive plan approved by section 9 of the Flood Control Act of December 22, 1944 (58 Stat. 887, 891), as amended and supplemented. Repayment contracts for the return of construction costs allocated to Repayment contracts. irrigation will be based on the irrigator's ability to repay as determined by the Secretary of the Interior, and the terms of such contract shall not exceed fifty years following the permissible development period. Repayment contracts for the return of costs allocated to municipal and industrial water supply shall be under the jurisdiction of the Secretary of the Army, and such contracts shall be prerequisite to the initiation of construction of facilities authorized by this title. Costs allocated to environmental preservation and fish and wildlife shall be nonreimbursable and nonreturnable under Federal reclamation law.

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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 90 Part 1.djvu/1375

 PUBLIC LAW 94-423—SEPT. 28, 1976

90 STAT. 1325

SEC. 104. For a period of ten years from the date of enactment of this title, no water from the unit authorized by this title shall be delivered to any water user for the production on newly irrigated lands of any basic agricultural commodity, as defined in the Agricultural Act of 1949 (63 Stat. 1051; 7 U.S.C. 1421), or any amendment thereof, 7 USC 1421 note if the total supply of such commodity for the marketing year in which the bulk of the crop would normally be marketed is in excess of the normal supply as defined in section 301(b) (10) of the Agricultural Adjustment Act of 1938 (62 Stat. 1251), as amended, unless the Sec- 7 USC 1301. retary of Agriculture calls for an increase in production of such commodity in the interest of national security. SEC. 105. The interest rate used for computing interest during con- Interest rate. struction and interest on the unpaid balance of the reimbursable costs of the Kanopolis unit shall be determined by the Secretary of the Treasury, as of the beginning of the fiscal year in which construction of the unit is commenced, on the basis of the computed average interest rate payable by the Treasury upon its outstanding marketable public obligations which are neither due nor callable for fifteen years from date of issue. SEC. 106. The provisions of the third sentence of section 46 of the Lands eligible to Act of May 25, 1926 (44 Stat. 649, 650), and any other similar pro- receive water, visions of Federal reclamation laws as applied to the Kanopolis unit, limitation. Pick-Sloan Missouri Basin program, are hereby modified to provide 43 USC 423e. that lands held in a single ownership which may be eligible to receive water from, through, or by means of, unit works shall be limited to one hundred and sixty acres of class I land or the equivalent thereof in other land classes, as determined by the Secretary of the Interior. SEC. 107. There is hereby authorized to be appropriated for fiscal year 1978 and thereafter, for construction of the Kanopolis unit, the sum of $30,900,000 (January 1976 price levels) plus or minus such amounts, if any, as may be justified by reason of changes in construction costs as indicated by engineering cost indexes applicable to the types of construction involved. Of the funds authorized to be appro- Transfer of funds. priated by this section, the Secretary of the Interior shall transfer to the Secretary of the Army all except those required for postauthorization planning, design, and construction of the single use irrigation facilities of the unit, and the Secretary of the Army shall utilize such transferred funds for implementation of all other aspects of the authorized unit. There are also authorized to be appropriated such sums as may be required for operation and maintenance of the works of said unit. TITLE II OROVILLE-TONASKET

UNIT,

WASHINGTON

SEC. 201. For purposes of supplying water to approximately ten thousand acres of land and for enhancement of the fish resource of the Similkameen, Okanogan, and Columbia Rivers and the Pacific Ocean, the Secretary of the Interior (hereinafter referred to as the "Secretary") is authorized to construct, operate, and maintain the OrovilleTonasket unit extension, Okanogan-Similkameen division, Chief Joseph Dam project, Washington, in accordance with the Federal reclamation laws (Act of June 17, 1902,32 Stat. 388, and Acts amendatory thereof or supplementary thereto). The principal works of the Oroville-Tonasket unit extension (hereinafter referred to as the project) shall consist of pumping plants, distribution systems; necessary works incidental to the rehabilitation or enlargement of portions

43 USC 391 note.

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 90 STAT. 1326

PUBLIC LAW 9 4 - 4 2 3 — S E P T. 28, 1976

of the existing irrigation system to be incorporated in the project; drainage works; and measures necessary to provide fish passage and propagation in the Similkameen Kiver. I r r i g a t i o n works constructed and rehabilitated by the United States under the Act of October 9, 1962 (76 Stat. 761) and which are not required as a part of the project shall be dismantled and removed with funds appropriated hereunder and title to the lands and right-of-way thereto which were conveyed to the United States shall be reconveyed to the Oroville-Tonasket Irrigation District. All other irrigation works which are a part of the Oroville-Tonasket I r r i g a t i o n District's existing system and which are not required as a part of the project or that do not have potential as rearing areas for fish shall be dismantled and removed with funds appropriated hereunder. Contracts. SEC. 202. The Secretary is authorized to terminate the contract of December 26, 1964, between the United States and the OrovilleTonasket I r r i g a t i o n District and to execute new contracts for the payment of project costs, including the then unpaid obligation under the December 26, 1964, contract. Such contracts shall be entered into pursuant to section 9 of the Act of August 4, 1939 (53 Stat. 1187). 43 USC 485h. The term of such contract shall be fifty years, exclusive of any development period authorized by law. The contracts for irrigation water may provide for the assessment of an account charge for each identifiable ownership receiving water from the project. Such charge, together with the acreage or acre-foot charge, shall not exceed the repayment capacity of commercial family-size farm enterprises as determined on the basis of studies by the Secretary Project construction costs covered Construction costs, repayment by contracts entered into pursuant to section 9(d) of the Act of period. August 4, 1939, as determined by the Secretary, and which are beyond the ability of the irrigators to repay shall be charged to and returned to the reclamation fund in accordance with the provisions of section 2 of the Act of June 14, 1966 (80 Stat. 200), as amended by section 6 of the Act of September 7, 1966 (80 Stat. 707). The aforesaid contract shall provide that irrigation costs properly assignable to privately owned recreational lands shall be repaid in full within fifty years with interest. SEC. 203. Power and energy required for irrigation water p u m p i n g for the project, including existing irrigation works retained as a part of the project, shall be made available by the Secretary from the Federal Columbia River power system at charges determined by him. SEC. 204. The provision of lands, facilities, and any project modifications which furnish fish and wildlife benefits in connection with the project shall be in accordance with the Federal W a t e r Project Recrea16 USC 460Z-12 tion Act (79 Stat. 213), as amended. All costs allocated to the anadronote. mous fish species shall be nonreimbursable. SEC. 205. For a period of ten years from the date of enactment of this title, no water from the project authorized by this title shall be delivered to any water user for the production on newly irrigated lands of any basic apricultural commodity, as defined in the Agricul7 USC 1421 note. tural Act of 1949 (63 Stat. 1051; 7 U.S.C. 1421), or any amendment thereof, if the total supply of such commodity for the marketing year in which the bulk of the crop would normally be marketed is in excess of the normal supplv as defined in section 301(b) (10) of the Agricultural Adjustment Act of 1938 (62 Stat. 1251; 7 U.S.C. 1301), as amended, unless the Secretary of Agriculture calls for an increase in production of such commodity in the interest of national security. Interest rate. SEC. 206. The interest rate used for purposes of computing interest during construction and, where appropriate, interest on the unpaid

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 PUBLIC LAW 94-423—SEPT. 28, 1976 balance of the reimbursable obligations assumed by non-Federal entities shall be determined by the Secretary of the Treasury, as of the beginning of the fiscal year in which construction is initiated, on the basis of the computed average interest rate payable by the Treasury upon its outstanding marketable public obligations which are neither due nor callable for redemption from fifteen years from the date of issue. SEC. 207. The provisions of the third sentence of section 46 of the Act of May 25, 1926 (44 Stat. 649, 650), and any other similar provisions of Federal reclamation laws as applied to the OrovilleTonasket unit, are hereby modified to provide that lands held in a single ownership which may be eligible to receive water from, through, or by means of unit works shall be limited to one hundred and sixty acres of class I land or the equivalent thereof in other land classes as determined by the Secretary of the Interior. SEC. 208. There is hereby authorized to be appropriated for construction of the works and measures authorized by this title for the fiscal year 1978 and thereafter the sum of $39,370,000 (January 1976 prices), plus or minus such amounts, if any, as may be required by reason of changes in the cost of construction work of the types involved therein as shown by engineering cost indexes. There are also authorized to be appropriated such sums as may be required for the operation and maintenance of the project.

90 STAT. 1327

Lands eligible to receive water, limitation. 43 USC 423e.

TITLE III ITIKTAH U N r r,

UTAH

SEC. 301. Pursuant to the authorization for construction, operation, and maintenance of the Uintah unit, central Utah project, Utah, as provided in section 1 of the Act of April 11, 1956 (70 Stat. 105), as 43 USC 620. amended by section 501(a) of the Colorado River Basin Project Act (82 Stat. 897), there is authorized to be appropriated for fiscal year 43 USC 620, 620 1978 and thereafter, for the construction of said Uintah unit, the sum note, 620a, 620k of $90,247,000 (based on January 1976 price levels) plus or minus such note. amounts, if any, as may be required by reason of changes in construction costs as indicated by engineering cost indexes applicable to the type of construction involved. SEC. 302. Notwithstanding any other provision of law, lands held in Single ownership a single ownership which may be eligible to receive water from, lands, limitation. through, or by means of the Uintah works shall be limited to one hundred and sixty acres of class I land or the equivalent thereof in other land classes, as determined by the Secretary of the Interior.

TITLE IV AMERICAN CANAL EXTENSION, EL PASO, TEXAS

SEC. 401. The Secretary of the Interior, acting pursuant to the Federal reclamation laws (Act of June 17, 1902; 32 Stat. 388, and Acts 43 USC 391 note, amendatory thereof and supplementary thereto), in order to salvage water losses, eliminate hazards to public safety, and to facilitate compliance with the convention between the United States and Mexico concluded May 21, 1906, providing for the equitable division of the waters of the Rio Grande, is authorized as a part of the Rio Grande project. New Mexico-Texas, to construct, operate, and maintain, wholly within the United States, extensions of the American Canal approximately thirteen miles in total length, commencing in the vicinity of

89-194 0—78—pt. 1-

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 90 STAT. 1328

Repayment contract.

PUBLIC LAW 94-423—SEPT. 28, 1976 International Dam, El Paso, Texas, and extending to Riverside Heading; together with laterals, pumping plants, wasteways, and appurtenant facilities as required to assure continuing irrigation service to the project. Existing facilities no longer required for project service shall be removed or obliterated as a part of the program herein authorized. SEC. 402. Construction of the American Canal extension shall not be undertaken until the Secretary of the Interior has entered into a repayment contract with the El Paso County Water Improvement District Number 1, in which said irrigation district contracts to repay to the United States, for fifty years, an annual sum representing the value of eleven thousand six hundred acre-feet of salvaged water at a price per acre-foot established by the Secretary on the basis of an up-to-date payment capacity determination. Costs of the American Canal in excess of those repaid by the El Paso County Water Improvement District Number 1 shall be nonreimbursable and nonreturnable in recognition of benefits accruing to public safety and international considerations. SEC. 403. There is hereby authorized to be appropriated for fiscal year 1978 and thereafter for construction of the American Canal extension the sum of $21,714,000 (January 1976 price levels), plus or minus such amounts, if any, as may be required by reason of changes in the cost of construction work of the types involved therein as shown by engineering cost indexes. There are also authorized to be appropriated such sums as may be required for the operation and maintenance of the project. TITLE V ALLEN CAMP U N I T,

43 USC 391 note.

Allen Camp Dam and Reservoir.

Integration and coordination with Central Valley project.

Lands eligible to receive water, limitation.

Road and bridges, replacement.

CALIFORNIA

SEC. 501. For the purposes of providing irrigation water supplies, controlling floods, conserving and developing fish and wildlife resources, enhancing outdoor recreation opportunities, and for other related purposes, the Secretary of the Interior, acting pursuant to the Federal reclamation laws (Act of June 17, 1902, 32 Stat. 388 and Acts amendatory thereof or supplementary thereto), is authorized to construct, operate, and maintain the Allen Camp unit. Pit River division, as an addition to, and an integral part of, the Central Valley project, California. The principal works of the unit shall consist of Allen Camp Dam and Reservoir and necessary water diversion, conveyance, distribution, and drainage facilities, and other appurtenant works for the delivery of water to the unit, a wildlife refuge, channel rectification works and levees, and recreation facilities. SEC. 502. Subject to the provisions of this title, the operation of the Allen Camp unit shall be integrated and coordinated, from both a financial and an operational standpoint, with the operation of other features of the Central Valley project in such manner as will effectuate the fullest, most beneficial, and most economic utilization of the water resources hereby made available. SEC. 503. Notwithstanding any other provision of law, lands held in a single ownership which may be eligible to receive water from, through, or by means of the Allen Camp unit works shall be limited to one hundred and sixty acres of class I land or the equivalent thereof in other land classes, as determined by the Secretary of the Interior. SEC. 504. The costs of the Allen Camp unit allocated to flood control, conservation and development of fish and wildlife resources, and the enhancement of recreation opportunities shall be nonreimbursable. SEC. 505. The Secretary is hereby authorized to replace those roads and bridges now under the jurisdiction of the Secretary of Agriculture

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 PUBLIC LAW 94-423—SEPT. 28, 1976

90 STAT. 1329

which will be inundated or otherwise rendered unusable by construction and operation of the unit. Said replacements are to be the standards (including provisions for the future) which would be used by the Secretary of Agriculture in constructing similar roads to provide similar services. SEC. 506. For a period of ten years from the date of enactment of this title, no water from the unit authorized by this title shall be delivered to any water user for the production on newly irrigated lands of any basic agricultural commodity, as defined in the Agricultural Act of 1949 (63 Stat. 1051; 7 U.S.C. 1421), or any amendment thereof, 7 USC 1421 note. if the total supply of such commodity for the marketing year in which the bulk of the crop would normally be marketed is in excess of the normal supply as defined in section 301(b) (10) of the Agricultural Adjustment Act of 1938 (62 Stat. 1251), as amended, unless the Sec- 7 USC 1301. retary of Agriculture calls for an increase in production of such commodity in the interest of national security. SEC. 507. There is hereby authorized to be appropriated for fiscal year 1978 and thereafter the sum of $64,220,000 (January 1976 price levels) for the construction of the Allen Camp unit, plus or minus such amounts as are justified by reason of ordinary fluctuations in construction costs as indicated by engineering cost indexes applicable to the construction of works related to the Allen Camp unit. There are also authorized to be appropriated such sums as may be required to operate and maintain said unit and associated facilities. TITLE VI LEADVILLE M I N E DRAINAGE T U N N E L, COLORADO

SEC. 601. The Secretary of the Interior is authorized to rehabilitate Rehabilitation, the federally owned Leadville Mine drainage tunnel. Lake County, Colorado, by installing a concrete-lined, structural steel-supported, t «-;u eight-foot-diameter, horseshoe-shaped tunnel section extending for an approximate distance of one thousand feet inward, from the portal of said tunnel or for the distance required to enter structurally competent geologic formations. The Secretary is further authorized to maintain the rehabilitated tunnel in a safe condition and to monitor the quality of the tunnel discharge. SEC. 602. There is authorized to be appropriated for fiscal year 1978 and thereafter $2,750,000 (January 1976 price levels) for the rehabilitation of the tunnel. There is also authorized to be appropriated such sums as are necessary for maintenance of the rehabilitated tunnel, water quality monitoring and investigations leading to recommendations for treatment measures if necessary to bring the quality of the tunnel discharge into compliance with applicable water quality statutes. All funds authorized to be appropriated by this title, together with such sums as have been expended for emergency work on the Leadville Mine drainage tunnel by the Bureau of Keclamation, shall be nonreimbursable, TITLE VII M GEE CREEK PROJECT, OKLAHOMA

SEC. 701. The Secretary of the Interior is authorized to construct, construction, operate, and maintain the McGee Creek project, Oklahoma, in accord- operation, ance with the Federal Keclamation laws (Act of June 17, 1902,32 Stat. 388, and Acts amendatory thereof or supplementary thereto) and the 43 USC 391 note.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/1380

 90 STAT. 1330

Privately owned lands, purchase,

Rules and regulations.

Interest rate.

,

Contracts.

Transfer of care, operation, and maintenance.

Permanent right of usage.

PUBLIC LAW 94^423—SEPT. 28, 1976 provisions of this title for the purposes of storing, regulating, and conveying water for municipal and industrial use, conserving and developing fish and wildlife resources, providing outdoor recreation opportunities, developing a scenic recreation area, developing a wildlife management area and controlling floods. The principal physical works of the project shall consist of a dam and reservoir on McGee Creek, appurtenant conveyance facilities and public outdoor recreation facilities. SEC. 702. To provide for the protection, preservation, use, and enjoyment by the general public of the scenic and esthetic values of the canyon area adjacent to the upper portion of the McGee Creek Reservoir, the Secretary of the Interior is hereby authorized to purchase privately owned lands, not to exceed twenty thousand acres, for the aforesaid scenic recreation and wildlife management areas. The Secretary of the Interior is also authorized to construct such facilities as he determines to be appropriate for utilization of the scenic and wildlife management areas for the safety, health, protection, and compatible use by the visiting public. SEC. 703. The Secretary of the Interior shall make such rules and regulations as are necessary to carry out the provisions and intent of section 702 of this title and may enter into an agreement or agreements with a non-Federal public body or bodies for operation and maintenance of the scenic recreational and wildlife management areas. SEC. 704. The interest rate used for computing interest during construction and interest on the unpaid balance of the reimbursable costs of the project shall be determined by the Secretary of the Treasury, as of the beginning of the fiscal year in which construction of the project is commenced, on the basis of the computed average interest rate payable by the Treasury upon its outstanding marketable public obligations which are neither due nor callable for redemption for fifteen years from date of issue. SEC. 705. (a) The Secretary of the Interior is authorized to enter into a contract with a qualified entity or entities, for delivery of water and for repayment of all the reimbursable construction costs. All costs of acquiring, developing, operating, and maintaining the scenic recreation and wildlife management areas authorized by section 702 of this title shall be nonreimbursable. (b) Construction of the project shall not be commenced until the contracts and agreements required by this title have been entered into. (c) Upon execution of the contract referred to in section 705(a) of this title, and upon completion of construction of the project, the Secretary of the Interior shall transfer to a qualified contracting entity or entities the care, operation, and maintenance of the project works; and, after such transfer is made, will reimburse, subject to such amounts as may be provided in the appropriation Acts, the contractor annually for that portion of the year's operation and maintenance costs, which, if the United States had continued to operate the project, would have been nonreimbursable. Prior to assuming care, operation, and maintenance of the project works the contracting entity or entities shall agree to operate them in accordance with regulations prescribed by the Secretary of the Army with respect to flood control, and by the Secretary of the Interior with respect to fish, wildlife, and recreation. (d) Upon execution of the contract referred to in section 705(a) of this title, and upon completion of construction of the project, the contracting entity or entities, their designee or designees, shall have a permanent right to use the reservoir and related facilities of the McGee Creek project in accordance with said contract.

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 PUBLIC LAW 94-423—SEPT. 28, 1976

90 STAT. 1331

SEC. 706. The conservation and development of the fish and wildlife resources, and the enhancement of recreation opportunities in connection with the McGee Creek project, except the scenic recreation and wildlife management areas authorized by section 702 of this title, shall be in accordance with provisions of the Federal Water Project Kecreation Act (79 Stat. 213), as amended. 16 USC 460/-12 SEC. 707. There is hereby authorized to be appropriated for fiscal "ot«year 1978 and thereafter, for construction of the McGee Creek project the sum of $83,239,000 (January 1976 price levels), plus or minus such amounts, if any, as may be justified by reason of ordinary fluctuations in construction costs as indicated by engineering cost indexes applicable to the type of construction involved herein. There are also authorized to be appropriated such additional sums as may be required for the operation and maintenance of the project. Approved September 28, 1976.

LEGISLATIVE HISTORY: HOUSE REPORT No. 94-1382 accompanying H.R. 14578 (Comm. on Interior and Insular Affairs). SENATE REPORT No. 94-1122 (Comm. on Interior and Insular Affairs). CONGRESSIONAL RECORD, Vol. 122 (1976): Aug. 6, considered and passed Senate. Aug. 26, considered and passed House, amended, in lieu of H.R. 14578. Sept. 13, Senate concurred in House amendments.

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 90 STAT. 1332

PUBLIC LAW 94-424—SEPT. 28, 1976

Public Law 94-424 94th Congress An Act Sept. 28, 1976 [H.R. 3348]

Veterans. Exchange of medical information program. 38 USC 5054. Appropriation authorization. 38 USC 5055.

38 USC 203.

To amend title 38, United States Code, in order to extend and improve the program of exchange of medical information between the Veterans' Administration and the medical community, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That subchapter IV of chapter 81 of title 38, United States Code, is amended as follows: (1) By inserting at the end of section 5054(b) the following new sentence: "Any proceeds to the Government received therefrom shall be credited to the applicable Veterans' Administration medical appropriation."; and (2) By striking out in section 5055(c)(1) "$3,000,000 for each fiscal year 1968 through 1971, and such sums as may be necessary for each fiscal year 1972 through 1975," and inserting in lieu thereof $3,500,000 for fiscal year 1976; $1,700,000 for the period beginning July 1, 1976, and ending September 30, 1976; $4,000,000 for fiscal year 1977; $4,000,000 for fiscal year 1978; and $4,000,000 for fiscal year 1979,". SEC. 2. (a) Subchapter I of chapter 2 of title 38, United States Code, is amended by adding at the end thereof the following new section: "Any funds appropriated to the Veterans' Administration may, to the extent provided in this title or an appropriations Act, remain available until expended.". (b) The table of sections for subchapter I of chapter 3 of title 38, United States Code, is amended by adding at the end thereof the following new item: "203. Availability of appropriations.". Approved September 28, 1976.
 * §203. Availability of appropriations

LEGISLATIVE HISTORY: HOUSE REPORT No. 94-286 (Comm. on Veterans' Affairs). SENATE REPORT No. 94-891 (Comm. on Veterans' Affairs). CONGRESSIONAL RECORD: Vol. 121 (1975): June 16, considered and passed House. Vol. 122 (1976): Sept. 13, considered and passed Senate, amended. Sept. 16, House concurred in Senate amendment.

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 PUBLIC LAW 94-425—SEPT. 28, 1976

90 STAT. 1333

Public Law 94-425 94th Congress An Act To provide for acciuisition of lands in connection with the international Tijuana River flood control project, and for other purposes. Be it, enacted by the tienate and House of RepresentatircH of the United t^tates of America in Congress assembled. That section 2 of Public Law 89-640 (80 Stat. 884) is amended by striking out section 2 in its entirety and substituting in lieu thereof the following new section: ' ' S K ( \ 2. Pursuant to the agreement concluded under the authority of section 1 of this Act, the United States Commissioner is authorized to construct, operate, and maintain the portion of the 'International Flood Control Project, Tijuana River Basin,' assigned to the United States, and there is hereby authorized to be appropriated to the Department of State for use of the United States section the siAn of $10,800,000 for construction costs of such project, as modified, based on estimated June 1976 prices, plus or minus such amounts as may be justified by reason of price index fluctuations in costs involved therein, and such sums as may be necessary for its maintenance and operation, except that no funds may be appropriated under this Act for the fiscal year ending on September 30, 1977. Contingent upon the furnishing by the city of San Diego of its appropriate share of the funds for the acquisition of the land and interests therein needed to carry out the agreement between the United States and Mexico to construct such project, the Secretary of State, acting through the United States Commissioner, is further authorized to participate financially with non-Federal interests in the acquisition of said lands and interest therein, to the extent that funds provided by the city of San Diego are insufficient for this purpose.". Approved September 28, 1976.

LEGISLATIVE HISTORY: HOUSE REPORT No. 94-1399, Pt. 1 (Comm. on International Relations). SENATE REPORT No. 94-1237 (Comm. on Foreign Relations). CONGRESSIONAL RECORD, Vol. 122 (1976): Aug. 24, considered and passed House. Sept. 20, considered and passed Senate.

Sept. 28, 1976 [H.R. 14973] International Tijuana River flood control project.

22 USC

277d-33.

22 USC

277d-32. Appropriation authorization.

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 9 0 STAT. 1334

PUBLIC LAW 9 4 - 4 2 6 — S E P T. 28, 1976

Public Law 94-426 94th Congress An Act Sept. 28. 1976 [H.R. 15319]

Federal Rules of Procedure. Certain proposed amendments, approval and effective date. 28 USC 2071 note. Ante, p. 822.

28 USC app.

To approve in whole or in part, with amendments, certain rules relating to cases and proceedings under sections 2254 and 2255 of title 28 of the United States Code.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the rules governing section 2254 cases in the United States district courts and the rules governing section 2255 proceedings for the United States district courts, as proposed by the United States Supreme Court, which were delayed by the Act entitled " A n Act to delay the effective date of certain proposed amendments to the Federal Rules of Criminal P r o cedure and certain other rules promulgated by the United States Supreme C o u r t " (Public Law 94-349), are approved with the amendments set forth in section 2 of this Act and shall take effect as so amended, with respect to petitions under section 2254 and motions under section 2255 of title 28 of the United States Code filed on or after February 1, 1977. SEC. 2. The amendments referred to in the first section of this Act are as follows,: (1) Rule 2(c) of the rules governing section 2254 cases is amended— (A) by inserting "substantially" immediately after " The petition shall be i n "; and (B) by striking out the sentence " The petition shall follow the prescribed for m. '. (2) Rule 2 (e) of the rules governing section 2254 cases is amended to read as follows: " (e) RETURN OF I N S U F F I C I E N T P E T I T I O N. — I f a petition received by

the clerk of a district court does not substantially comply with the requirements of rule 2 or rule 3, it may be returned to the petitioner, if a judge of the court so directs, together with a statement of the reason for its return. The clerk shall retain a copy of the petition.". (3) Rule 2 (b) of the rules governing section 2255 proceedings is amended— (A) by inserting "substantially" immediately after " The motion shall be i n "; and (B) by striking out the sentence " The motion shall follow the prescribed form.", (4) Rule 2 (d) of the rules governing section 2255 proceedings is amended to read as follows: " (d) R E T U R N OF I N S U F F I C I E N T M O T I O N. — I f a motion received by

the clerk of a district court doesi not substantially comply with the requirements of rule 2 or rule 3, it may be returned to the movant, if a judge of the court so directs, together with a statement of the reason for its return. The clerk shall retain a copy of the motion.". (5) Rule 8(c) of the rules governing section 2254 cases is amended by adding a t the e n d: "These rules do not limit the appointment of counsel under 18 U.S.C. § 3006A at any stage of the case if the interest of justice so requires.".

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 PUBLIC LAW 94-426—SEPT. 28, 1976

90 STAT. 1335

(6) Rule 8(c) of the rules governing section 2255 proceedings is 28 USC app. amended by adding at the end the following: "These rules do not limit the appointment of counsel under 18 U.S.C. § 3006A at any stage of the proceeding if the interest of justice so requires.". (7) Eule 9(a) of the rules governing section 2254 cases is amended by striking out the second and third sentences. (8) Rule 9(b) is amended by striking out "is not excusable" and inserting in lieu thereof "constituted an abuse of the writ". (9) Rule 9(a) of the rules governing section 2255 proceedings is amended by striking out the final sentence. (10) Rule 9(b) of the rules governing section 2255 proceedings is amended by striking out "is not excusable" and inserting in lieu thereof "constituted an abuse of the procedure governed by these rules". (11) Rule 10 of the rules governing section 2254 cases is amended by inserting ", and to the extent the district court has established standards and criteria for the performance of such duties" immediately after "rule of the district court". (12) Rule 10 of the rules governing section 2255 proceedings is amended by inserting ", and to the extent the district court has established standards and criteria for the performance of such duties," immediately after "rule of the district court". Approved September 28, 1976.

LEGISLATIVE HISTORY: HOUSE REPORT No. 94-1471 (Comm. on the Judiciary). CONGRESSIONAL RECORD, Vol. 122 (1976): Sept. 14, considered and passed House. Sept. 16, considered and passed Senate.

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 90 STAT. 1336

PUBLIC LAW 94-427—SEPT. 28, 1976

K D- » Public Law 94-427 94th Congress An Act Sept. 28, 1976 [S. 2184]

r^^ authorize appropriations for the winter Olympic games, and for other purposes.

Olympic Winter Games Authorization Act of 1976.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SHORT TITLE 1. This Act may be cited as the "Olympic Winter Games Authorization Act of 1976". SECTION

FINDINGS

SEC. 2. The Congress finds and declares that— (1) it is desirable for Americans of present and future generations to be assured adequate outdoor recreational resources and wilderness areas; (2) the X III international Olympic winter games, which are to be held in the United States at Lake Placid, New York, in 1980, will further an awareness and appreciation of indoor and outdoor recreational activities and of the need for preserving wilderness areas; (3) amateur athletics and amateur athletic competition have contributed to the health and well-being of the Nation and, as the host country for the X III international Olympic winter games, the United States has a unique opportunity to encourage participation in such activities by furnishing limited financial assistance to assure the availability of adequate facilities, resources, and support for the Olympic winter games; (4) the Congress has pledged its cooperation and support in the successful fulfillment of the X III international Olympic winter games; and (5) the Federal financial assistance authorized by this Act is provided in recognition of the unique economic circumstances of the Lake Placid area and should not be considered as establishing a precedent for any future Federal financial assistance for international athletic competitions.

DEFINITIONS

^

SEC. 3. For purposes of this Act: (1) The term "Olympic winter games" means the X III international Olympic winter games to be held in 1980 at Lake Placid, New York. (2) The term "Secretary" means the Secretary of Commerce. (3) The term "winter games facilities" means existing or proposed winter sports and supporting facilities which are necessary to carry out the Olmpic winter games, including— (A) a field house; (B) ski jumps; (C) skating ovals or arenas;

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 PUBLIC LAW 9 4 - 4 2 7 — S E P T. 28, 1976 (D) housing for athletes; (E) a winter sports a r e n a; (F) administrative offices; (G) dressing rooms, equipment, and storage facilities; (H) a luge r u n; (I) p a r k i n g facilities; (J) facilities for increased electrical power; (K) sanitary and water facilities; and (L) a scoreboard and other miscellaneous facilities. FINANCIAL

ASSISTANCE

9 0 STAT. 1337

~

.:;;,;:,„,.,

,

SEC. 4. (a) GRANTS.—The Secretary shall provide financial assistance in the form of g r a n t s to — (1) the L a k e Placid 1980 Olympic Games, Incorporated, a notfor-profit corporation incorporated under the laws of the State of New Y o r k; or (2) State, local, or other governmental agencies, for purposes of assisting in the planning, design, and construction or improvement of winter games facilities, and for purposes of land acquisition and legal and fiscal fees in connection with the Olympic winter games. Subject to the provisions of subsection (b) of this i section, such g r a n t s shall be provided in such sums, at such times, and under such conditions as the Secretary considers necessary and appropriate. (b) CONDITIONS.—The amount of any g r a n t for a winter games facility under subsection (a) of this section shall be based initially on the estimated cost of such facility. If the actual cost of any winter games facility is less than such estimated cost, the difference may be • ,.> applied to meet the excess cost of any other winter games facility. If the actual cost of any winter games facility exceeds such estimated cost, plus any amounts applied to the excess cost under the preceding sentence, the Secretary shall not provide any g r a n t for more than 50 percent of the remaining excess cost of such facility. (c) REVERSION.—All revenues generated by the Olympic winter games in excess of actual costs shall revert to the Treasury of the United States in an amount not to exceed the total amount of funds appropriated under the authority of section 9 of this Act. (d) OTHER ASSISTANCE.—The Secretary may provide financial assistance for projects related to the Olympic winter games under the authority contained in title I of the Public W o r k s and Economic Development Act of 1965 (42 U.S.C. 3131-3136). Any such assistance (1) shall not be subject to the requirements for a non-Federal matching share set forth in section 101(c) of such title, and (2) shall be 42 USC 3131. excluded from the limitation on the amount available to any one State set forth in section 103 of such title. '*2 USC 3133. ENVIRONMENTAL PROTECTION

SEC. 5. I n carrying out the provisions of this Act, the Secretary— (1) shall require that all winter games facilities for which Federal financial assistance is provided under this Act are planned, designed, and constructed or improved in a manner which is consistent in all respects with State laws, rules, regulations, and plans governing the use, management, and development of Adirondack P a r k;

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 PUBLIC LAW 94-427—SEPT. 28, 1976

90 STAT. 1338

(2) shall not, as a condition on the receipt of Federal financial assistance under this Act, require any modification in any such State law, rule, regulation, or p l a n; and (3) shall take such action as may be necessary and appropriate to assure that all activities relating to the Olympic winter games are carried out in a manner designed to recognize the outdoor recreational and wilderness values of Adirondack P a r k and the Lake Placid area and meet the needs of the Olympic winter games. CONTINUED PUBLIC USE Consultation.

SEC. 6. The Secretary, in coordination and consultation with State and local officials, shall take such action as may be necessary and appropriate to assure that all winter games facilities for which Federal financial assistance is provided under this Act are planned, designed, and constructed or improved in a manner which will provide maximum continued public use and benefit following the conclusion of the Olympic winter games. REPORTS

Submittal to Congress and President.

Recommendations.

Submittal to Congress and President.

SEC.

7.

(a)

INTERIM

REPORTS.—The Secretary

shall, within

3

months after the end of fiscal year 1977 and within 3 months after the end of each of the 2 succeeding fiscal years, submit an interim report to the Congress and to the President on the progress of the planning, design, and construction or improvement of winter games facilities under this Act. E a c h such report shall summarize and evaluate the progress made in preparing for the Olympic winter games, and include any recommendations for any further Federal involvement which the Secretary considers necessary or appropriate. (b) F I N A L REPORT.—The Secretary shall, within 3 months after the conclusion of the Olympic winter games, submit a final report to the Congress and to the President containing a summary of all actions taken under this Act, including a description of the action taken under section 6 of this Act to assure the maximum continued public use of winter games facilities. RECORDS A N D A U D I T

SEC. 8. (a) RECORDS.—Each recipient of Federal financial assistance under this Act, whether directly or indirectly, shall keep such records as the Secretary shall prescribe, including— (1) records which fully disclose (A) the amount and the disposition by such recipient of the proceeds of such assistance, (B) the total cost of the winter games facility or related project for which such assistance is given or used, (C) the amount of that portion of the cost of such facility or project supplied by other sources, and (D) an identification of such other sources; and (2) such other records as will facilitate an effective financial audit. (b) AUDIT.—Until the expiration of 3 years after the completion of the winter games facility or related project referred to in subsection (a) of this section, the Secretary and the Comptroller General of the United States, or any of their duly authorized representatives, shall have access, for purposes of audit and examination, to any books, documents, papers, and records of each recipient of Federal financial assistance under this Act which the Secretary or the Comptroller General considers relevant to such Federal financial assistance.

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 PUBLIC LAW 94-427—SEPT. 28, 1976 AUTHORIZATION

90 STAT. 1339

OF APPROPRIATIONS

SEC. 9. (a) GENERAL.—There is authorized to be appropriated to the Secretary the sum of $49,040,000 for purposes of providing grants under section 4(a) of this Act for the Olympic winter games. (b) ADMINISTRATION.—There is authorized to be appropriated to the Secretary the sum of $250,000 for the administration of this Act. (c) AVAILABILITY.—Sums appropriated under this section arc authorized to remain available until expended. Approved September 28, 1976.

LEGISLATIVE HISTORY: HOUSE REPORTS: No. 94-1167 accompanying H.R. 13490 (Comm. on Interstate and Foreign Commerce) and No. 94-1447 (Comm. of Conference). SENATE REPORT No. 94-858 (Comm. on Commerce). CONGRESSIONAL RECORD, Vol. 122 (1976): June 9, H.R. 13490 considered in House. June 10, considered and passed Senate. June 11, considered and passed House, amended, in lieu of H.R. 13490. Sept. 10, House agreed to conference report. Sept. 16, Senate agreed to conference report. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 12, No. 40: Sept. 29, Presidential statement.

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 90 STAT. 1340

PUBLIC LAW 94-428—SEPT. 28, 1976

Public Law 94-428 94th Congress

' An Act

Sept. 28, 1976 [S. 2286]

r^^ amend the Act of June 9, 1906, to provide for a description of certain lands to be conveyed by the United States to the city of Albuquerque, New Mexico.

Be it enacted by the Senate and House of Representatives of the Albuquerque, United States of America in Congress assembled, That section 3(a) N. Mex. of the Act entitled " A n Act g r a n t i n g land to the city of Albuquerque Land conveyance, for public purposes", approved June 9, 1906 (34 Stat. 227), as amended, is further amended by striking out " A parcel of land situated within the northwest quarter" and all that follows through "containing 0.7041 acre more or less." and inserting in lieu thereof the following: " A parcel of land situated within the northwest quarter of section 20, township 10 north, range 4 east of the New Mexico principal meridian and within tract numbered 4 and tract numbered 1 of the nmnicipal addition numbered 2, an addition to the city of Albuquerque, New Mexico, said parcel of land being more particularly described as follows: "Beginning at the northwest corner of tract numbered 1 of said addition, said northwest corner being the same as shown on the plat of said addition filed for record in the offices of the county clerk of Bernalillo County, New Mexico, on July 12, 1955, from which point the northwest corner of said section 20 bears north 89 degrees 29 minutes 40 seconds west, a distance of 1,355,11 feet; "thence south 0 degrees 23 minutes 20 seconds west, a distance of 220.88 feet to a point on a curve on the new southerly right-ofway line of Lomas Boulevard Northeast as shown on the New Mexico State H i g h w a y Department right-of-way m a p for project numbered 1-040-3(1)163, and the true point of beginning; "thence southeasterly, along said southerly right-of-way line on a curve (said curve being concave to the northeast, having a radius of 1,461.13 feet, a central angle of 2 degrees 37 minutes 42 seconds, and a long chord which bears south 88 degrees 17 minutes 40 seconds east, a distance of 67.02 feet) a distance of 67.03 feet to a New Mexico State H i g h w a y Department right-of-way m a r k e r (station 14 + 47.46) and a point on the westerly right-ofway of H e r n d o n Street Northeast; "thence south 1 degree 49 minutes 00 seconds west, along said westerly right-of-way line, a distance of 11.81 feet to the point of curve marked by a New Mexico State H i g h w a y Department rightof-way marker (station 0 + 5 0); "thence southeasterly, along said westerly right-of-way line on a curve (said curve being concave to the northeast, h a v i n g a radius of 330.71 feet, a central angle of 48 degrees 55 minutes 00 seconds, and a long chord which bears south 22 degrees 38 minutes 30 seconds east, a distance of 273.85 feet) a distance of 282.35 feet to a New Mexico State H i g h w a y Department right-of-way marker (station 2 + 89.89); "thence north 43 degrees 02 minutes 30 seconds east, along said westerly right-of-way line, a distance of 10.00 feet to a New Mexico State H i g h w a y marker (station 2 + 89.89) and a point on a curve;

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 PUBLIC LAW 94-428—SEPT. 28, 1976

90 STAT. 1341

"thence southeasterly, along said westerly right-of-way line on a curve (said curve being concave to the southwest, having a radius of 242.58 feet, a central angle of 33 degrees 46 minutes 00 seconds and a long chord which bears south 30 degrees 04 minutes 30 seconds east, a distance of 140.09 feet) a distance of 142.96 feet to a New Mexico State Highway Department right-of-way marker (station 4 + 5 6); "thence north 64 degrees 32 minutes 30 seconds west, a distance of 1,343.09 feet to a point on a curve on the said southerly rightof-way line of Lomas Boulevard Northeast; "thence southeasterly, along said southerly right-of-way line on a curve (said curve being concave to the southwest, having a radius of 1,361.94 feet, a central angle of 15 degrees 31 minutes 33 seconds and a long chord which bears squth 79 degrees 46 minutes 46 seconds east, a distance of 367.93 feet) a distance of 369.04 feet to a New Mexico State Highway Department right-ofway marker (station 7+83.81); "thence south 72 degrees 01 minutes 00 seconds east, along said southerly right-of-way line, a distance of 200.00 feet to a New Mexico State Highway Department right-of-way marker (station 9 + 83.81) and the point of curve; "thence southeasterly, along said southerly right-of-way line on a curve (said curve being concave to the northeast, having a radius of 1,461.13 feet, a central angle of 16 degrees 24 minutes 18 seconds and a long chord which bears south 80 degrees 13 minutes 09 seconds east, a distance of 416.93 feet) a distance of 418.35 feet to the true point of beginning. Said parcel of land containing 3.6586 acres more or less.". Approved September 28, 1976.

LEGISLATIVE HISTORY: HOUSE REPORT No. 94-1538 (Comm. on Interior and Insular Affairs). SENATE REPORT No. 94-728 (Comm. on Interior and Insular Affairs). CONGRESSIONAL RECORD, Vol. 122 (1976): Apr. 1, considered and passed Senate. Sept. 20, considered and passed House.

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 90 STAT. 1342

PUBLIC LAW 94-429—SEPT. 28, 1976

Public Law 94-429 94th Congress An Act Sept. 28, 1976 [S. 2371]

National Park System. Mining activity, regulation. 16 USC 1901.

16 USC 1902.

Repeals.

To provide for the regulation of mining activity witliin, and to repeal the application of mining laws to, areas of the National Park System, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Congress finds and declares that— (a) the level of technology of mineral exploration and development has changed radically in recent years and continued application of the mining laws of the United States to those areas of the National Park System to which it applies, conflicts with the purposes for which they were established; and (b) all mining operations in areas of the National Park System should be conducted so as to prevent or minimize damage to the environment and other resource values, and, in certain areas of the National Park System, surface disturbance from mineral development should be temporarily halted while Congress determines whether or not to acquire any valid mineral rights which may exist in such areas. SEC. 2. In order to preserve for the benefit of present and future generations the pristine beauty of areas of the National Park System, and to further the purposes of the Act of August 25, 1916, as amended (16 U.S.C. 1) and the individual organic Acts for the various areas of the National Park System, all activities resulting from the exercise of valid existing mineral rights on patented or unpatented mining claims within any area of the National Park System shall be subject to such regulations prescribed by the Secretary of the Interior as he deems necessary or desirable for the preservation and management of those areas. SEC. 3. Subject to valid existing rights, the following Acts are amended or repealed as indicated in order to close these areas to entry and location under the Mining Law of 1872: (a) the first proviso of section 3 of the Act of May 22, 1902 (32 Stat. 203; 16 U.S.C. 123), relating to Crater Lake National Pprk, is amended by deleting the words "and to the location of mining claims and the working of same"; (b) section 4 of the Act of February 26, 1917 (39 Stat. 938; 16 U.S.C. 350), relating to Mount Mckinley National Park, is hereby repealed; (c) section 2 of the Act of January 26, 1931 (46 Stat. 1043; 16 U.S.C. 350a), relating to Mount McKinley National Park, is hereby repealed; (d) the Act of June 13, 1933 (48 Stat. 139; 16 U.S.C. 447), relating to Death Valley National Monument, is hereby repealed; (e) the Act of June 22, 1936 (49 Stat. 1817), relating to Glacier Bay National Monument, is hereby repealed; (f) section 3 of the Act of August 18, 1941 (55 Stat. 631; 16 U.S.C. 450y-2), relating to Coronado National Memorial is amended by replacing the semicolon in subsection (a) with a period and deleting the prefix " (a) ", the word "and" immediately preceding subsection (b), and by repealing subsection (b); and

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 PUBLIC LAW 94-429—SEPT. 28, 1976

90 STAT. 1343

(g) The Act of October 27, 1941 (55 Stat. 745; 16 U.S.C. 450z), relating to Organ Pipe Cactus National Monument, is hereby repealed. SEC. 4. For a period of four years after the date of enactment of this Act, holders of valid mineral rights located within the boundaries of Death Valley National Monument, Mount McKinley National Park, and Organ Pipe Cactus National Monument shall not disturb for purposes of mineral exploration or development the surface of any lands which had not been significantly disturbed for purposes of mineral extraction prior to February 29, 1976: Provided, That if the Secretary finds that enlargement of the existing excavation of an individual mining operation is necessary in order to make feasible continued production therefrom at an amiual rate not to exceed the average annual production level of said operation for the three calendar years 1973, 1974, and 1975, the surface of lands contiguous to the existing excavation may be disturbed to the minimum extent necessary to eifect such enlargement, subject to such regulations as may be issued by the Secretary under section 2 of this Act. For purposes of this section, each separate mining excavation shall be treated as an individual mining operation. SEC. 5. The requirements for annual expenditures on mining claims imposed by Revised Statute 2324 (30 U.S.C. 28) shall not apply to any claim subject to section 4 of this Act during the time such claim is subject to such section. SEC. 6. Within two years after the date of enactment of this Act, the Secretary of the Interior shall determine the validity of any unpatented mining claims within Glacier Bay National Monument, Death Valley and Organ Pipe Cactus National Monuments and Mount McKinley National Park and submit to the Congress recommendations as to whether any valid or patented claims should be acquired by the United States, including the estimated acquisition costs of such claims, and a discussion of the environmental consequences of the extraction of minerals from these lands. The Secretary shall also study and within two years submit to Congress his recommendations for modifications or adjustments to the existing boundaries of the Death Valley National Monument and the Glacier Bay National Monument to exclude significant mineral deposits and to decrease possible acquisition costs. SEC. 7. Within four years after the date of enactment of this Act, the Secretary of the Interior shall determine the validity of any unpatented mining claims within Crater Lake National Park, Coronado National Memorial, and Glacier Bay National Monument, and submit to the Congress recommendations as to whether any valid or patented claims should be acquired by the United States. SEC. 8. All mining claims under the Mining Law of 1872, as amended and supplemented (30 U.S.C. chapters 2,12A, and 16 and sections 161 and 162) which lie within the boundaries of units of the National Park System shall be recorded with the Secretary of the Interior within one year after the effective date of this Act. Any mining claim not so recorded shall be conclusively presumed to be abandoned and shall be void. Such recordation will not render valid any claim which was not valid on the effective date of this Act, or which becomes invalid thereafter. Within thirty days following the date of enactment of this Act, the Secretary shall publish notice of the requirement for such recordation in the Federal Register. He shall also publish similar notices in newspapers of general circulation in the areas adjacent to those units of the National Park System listed in section 3 of this Act. SEC. 9. (a) Whenever the Secretary of the Interior finds on his own motion or upon being notified in writing by an appropriate scientific,

89-194 0_78—Dt. 1

88

Repeal.

Certain mining operations, temporary cessation. 16 USC 1903.

16 USC 1904.

Certain unpatented mining claims, recommendations for acquisition. 16 USC 1905.

Study. Recommendations, submittal to Congress. Recommendations, submittal to Congress. 16 USC 1906.

Mining claims, recordation. 16 USC 1907.

Publication in Federal Register.

Landmarks. Report to Advisory Council on Historic Preservation. 16 USC 1908.

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 90 STAT. 1344

Report to Congress. Legislative recommendations.

Severability. 16 USC 1909. Civil actions. 16 USC 1910.

16 USC 1911.

PUBLIC LAW 94-429—SEPT. 28, 1976 historical, or archeological authority, that a district, site, building, structure, or object which has been found to be nationally significant in illustrating natural history or the history of the United States and which has been designated as a natural or historical landmark may be irreparably lost or destroyed in whole or in part by any surface mining activity, including exploration for or removal or production of minerals or materials, he shall notify the person conducting such activity and submit a report thereon, including the basis for his finding that such activity may cause irreparable loss or destruction of a national landmark, to the Advisory Council on Historic Preservation, with a request for advice of the Council as to alternative measures that may be taken by the United States to mitigate or abate such activity. (b) The Council shall within two years from the effective date of this section submit to the Congress a report on the actual or potential effects of surface mining activities on natural and historical landmarks and shall include with its report its recommendations for such legislation as may be necessary and appropriate to protect natural and historical landmarks from activities, including surface mining activities, which may have an adverse impact on such landmarks. SEC. 10. If any provision of this Act is declared to be invalid, such declaration shall not affect the validity of any other provision hereof. SEC. 11. The holder of any patented or unpatented mining claim subject to this Act who believes he has suffered a loss by operation of this Act, or by orders or regulations issued pursuant thereto, may bring an action in a United States district court to recover just compensation, which shall be awarded if the court finds that such loss constitutes a taking of property compensable under the Constitution. The court shall expedite its consideration of any claim brought pursuant to this section. SEC. 12. Nothing in this Act shall be construed to limit the authority of the Secretary to acquire lands and interests in lands within the boundaries of any unit of the National Park System. The Secretary is to give prompt and careful consideration to any offer made by the owner of any valid right or other property within the areas named in section 6 of this Act to sell such right or other property, if such owner notifies the Secretary that the continued ownership of such right or property is causing, or would result in, undue hardship. S U N S H I N E I N GOVERNMENT

Interior Department employees, financial disclosure.

16 USC 1912.

SEC. 13. (a) Each officer or employee of the Secretary of the Interior who— (1) performs any function or duty under this Act, or any Acts amended by this Act concerning the regulation of mining within the National Park System; and (2) has any known financial interest (A) in any person subject to such Acts, or (B) in any person who holds a mining claim within the boundaries of units of the National Park System; shall, beginning on February 1, 1977, annually file with the Secretary a written statement concerning all such interests held by such officer or employee during the preceding calendar year. Such statement shall be available to the public, (b) The Secretary shall— (1) act within ninety days after the date of enactment of this Act— (A) to define the term "known financial interest" for purposes of subsection (a) of this section; and

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 PUBLIC LAW 94-429—SEPT. 28, 1976 (B) to establish the methods by which the requirement to file written statements specified in subsection (a) of this section will be monitored and enforced, including appropriate provisions for the filing by such officers and employees of such statements and the review by the Secretary of such statements; and (2) report to the Congress on June 1 of each calendar year with respect to such disclosures and the actions taken in regard thereto during the preceding calendar year. (c) In the rules prescribed in subsection (b) of this section, the Secretary may identify specific positions within such agency which are of a nonregulatory or nonpolicymaking nature and provide that officers or employees occupying such positions shall be exempt from the requirements of this section. (d) Any officer or employee who is subject to, and knowingly violates, this section or any regulation issued thereunder, shall be fined not more than $2,500 or imprisoned not more than one year, or both. Approved September 28, 1976.

LEGISLATIVE HISTORY: HOUSE REPORT No. 94-1428 (Coram, on Interior and Insular Affairs). SENATE REPORT No. 94-567 (Coram, on Interior and Insular Affairs). CONGRESSIONAL RECORD, Vol. 122 (1976): Feb. 3, 4, considered and passed Senate. Sept. 14, considered and passed House, amended. Sept. 17, Senate concurred in House amendments.

90 STAT. 1345

Report to Congress, Exemptions.

Penalty,

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 90 STAT. 1346

PUBLIC LAW 94-430—SEPT. 29, 1976

Public Law 94-430 94th Congress An Act Sept 29, 1976 [H.R. 366]

To amend the Omnibus Crime Control and Safe Streets Act of 1968, as amended, to provide benefits to survivors of certain public safety oflScers who die in the performance of duty.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may Public Safety Officers' Benefits be cited as the "Public Safety Officers' Benefits Act of 1976". Act of 1976. SEC. 2. Title I of the Omnibus Crime Control and Safe Streets Act 42 USC 3701 of 1968, as amended, is amended by adding at the end thereof the note. following new part: "PART J.—PUBLIC SAFETY OFFICERS' DEATH BENEFITS PAYMENTS

42 USC 3796.

"SEC. 701. (a) In any case in which the Administration determines, under regulations issued pursuant to this part, that a public safety officer has died as the direct and proximate result of a personal injury sustained in the line of duty, the Administration shall pay a benefit of $50,000 as follows: "(1) if there is no surviving child of such officer, to the surviving spouse of such officer; "(2) if there is a surviving child or children and a surviving spouse, one-half to the surviving child or children of such officer in equal shares and one-half to the surviving spouse; "(3) if there is no surviving spouse, to the child or children of such officer in equal shares; or "(4) if none of the above, to the dependent parent or parents of such officer in equal shares. Interim payment. "(b) Whenever the Administration determines, upon a showing of need and prior to taking final action, that the death of a public safety officer is one with respect to which a benefit will probably be paid, the Administration may make an interim benefit payment not exceeding $3,000 to the person entitled to receive a benefit under subsection (a) of this section. "(c) The amount of an interim payment under subsection (b) of this section shall be deducted from the amount of any final benefit paid to such person. "(d) Where there is no final benefit paid, the recipient of any interim payment under subsection (b) of this section shall be liable for repayment of such amount. The Administration may waive all or part of such repayment, considering for this purpose the hardship which would result from such repayment. "(e) The benefit payable under this part shall be in addition to any other benefit that may be due from any other source, but shall be reduced by— "(1) payments authorized by section 8191 of title 5, United States Code;

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 PUBLIC LAW 9 4 - 4 3 0 — S E P T. 29, 1976

90 STAT. 1347

" (2) payments authorized by section 12(k) of the Act of September 1, 1916, as amended (D.C. Code, sec. 4 - 5 3 1 (1)). " (f) No benefit paid under this part shall be subject to execution or attachment. uLIMITATIONS " SEC. 702. No benefit shall be paid under this part — " (1) if the death was caused by the intentional misconduct of the public safety officer or by such officer's intention to b r i n g about his death; " (2) if voluntary intoxication of the public safety officer was the proximate cause of such officer's death; or " (3) to any person who would otherwise be entitled to a benefit under this part if such person's actions were a substantial cont r i b u t i n g factor to the death of the public safety officer.

42 USC 3796a.

uDEFINITIONS 42 USC 3796b. " SEC. 703. A s used in this part — " (1) 'child' means any natural, illegitimate, adopted, or posthumous child or stepchild of a deceased public safety officer who, at the time of the public safety officer's death, is— " (A) eighteen years of age or under; " (B) over eighteen years of age and a student as defined in section 8101 of title 5, United States Code; or " (C) over eighteen years of age and incapable of selfsupport because of physical or mental disability; " (2) 'dependent' means a person who was substantially reliant for support upon the income of the deceased public safety officer; " (3) 'fireman' includes a person serving as an officially recognized or designated member of a legally organized volunteer fire department; " (4) 'intoxication' means a disturbance of mental or physical faculties resulting from the introduction of alcohol, drugs, or other substances into the body; " (5) 'law enforcement officer' means a person involved in crime and juvenile delinquency control or reduction, or enforcement of the criminal laws. This includes, but is not limited to, police, corrections, probation, parole, and judicial officers; " (6) 'public agency' means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession of the United States, or any unit of local government, combination of such States, or units, or any department, agency, or instrumentality of any of the foregoing; and " (7) 'public safety officer' means a person serving a public agency in an official capacity, with or without compensation, as a law enforcement officer or as a fireman. aADMINISTRATIVE

PROVISIONS

" SEC. 704. (a) The Administration is authorized to establish such Rules and rules, regulations, and procedures as may be necessary to carry out the regulations. purposes of this part. Such rules, regulations, and procedures will be 42 USC 3796c. determinative of conflict of laws issues arising under this part. Rules, regulations, and procedures issued under this part may include regulations governing the recognition of agents or other persons representing claimants under this part before the Administration. The Adminis-

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 90 STAT. 1348

PUBLIC LAW 94-430—SEPT. 29, 1976

tration may prescribe the maximum fees which may be charged for services performed in comiection with any claim under this part before the Administration, and any agreement m violation of such rules and regulations shall be void. " (b) I n making determinations under section 701, the Administration may utilize such administrative and investigative assistance as may be available from State and local agencies. Responsibility for making final determinations shall rest with the Administration.". MISCELLANEOUS

PROVISIONS

SEC. 3. Section 520 of the Omnibus Crime Control and Safe Streets 42 USC 3768. Act of 1968, as amended, is amended by adding at the end thereof the following new subsection: Appropriation " (c) There are authorized to be appropriated in each fiscal yeaiauthorization. such sums as may be necessary to carry out the purposes of part J.". 42 USC 3796 SEC. 4. The authority to make payments under part J of the Omninote. bus Crime Control and Safe Streets Act of 1968 (as added by section 2 of this Act) shall be effective only to the extent provided for in advance by appropriation Acts. Severability. SEC. 5. If the provisions of any part of this Act are found invalid, 42 USC 3796 the provisions of the other part s and their application to other persons note. or circumstances shall not be affected thereby. Effective date. SEC. 6. The amendments made by this Act shall become effective and 42 USC 3796 apply to deaths occurring from injuries sustained on or after the date note. of enactment of this Act. Approved September 29, 1976.

LEGISLATIVE HISTORY: HOUSE REPORTS: No. 94-1032 (Comm. on the Judiciary) and No. 94-1501 (Comm. of eonference). SENATE REPORTS: No. 94-816 (Comm. on the Judiciary) and No. 94-825 accompanying S. 230 (Comm. on the Judiciary). CONGRESSIONAL RECORD, Vol. 122 (1976): Apr. 30, considered and passed House. July 19, considered and passed Senate, amended. Sept. 15, House agreed to conference report. Sept. 16, Senate agreed to conference report. WEEKLY eOMPILATION OF PRESIDENTIAL DOeUMENTS, Vol. 12, No. 40: Sept. 29, Presidential statement.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/1399

 PUBLIC LAW 94-431—SEPT. 30, 1976

90 STAT. 1349

Public Law 94-431 94th Congress An Act To authorize certain construction at military installations, and for other purposes.

oept. oU, i y / o [H.R. 14846]

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

TITLE I-ARMY o

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authorization

OEC. 101. Ine Secretary oi the x\rmy may establish or develop mm- acts, 1977. tary installations and facilities by acquiring, constructing, converting, rehabilitating, or installing permanent or temporary public works, including land acquisition, site preparation, appurtenances, utilities, and equipment, for the following acquisition and construction: INSIDE THE UNITED STATES UNITED STATES ARMY FORCES COMMAND

Fort Fort Fort Fort Fort Fort Fort Fort Fort Fort Fort Fort Fort

Bragg, North Carolina, $33,293,000. Campbell, Kentucky, $65,387,000. Carson, Colorado, $10,589,000. Drum, New York, $7,114,000. Greely, Alaska, $2,854,000. Hood, Texas, $20,033,000. Lewis, Washington, $2,114,000. George G. Meade, Maryland, $1,142,000. Ord, California, $14,453,000. Polk, Louisiana, $47,613,000. Eiley, Kansas, $5,694,000. Stewart/Hunter Army Air Field, Georgia, $39,634,000. Wainwright, Alaska, $17,163,000.

UNITED STATES ARMY TRAINING AND DOCTRINE COMMAND

Fort Fort Fort Fort Fort Fort Fort Fort Fort Fort Fort Fort

Belvoir, Virginia, $6,052,000. Benning, Georgia, $10,394,000. Bliss, Texas, $3,856,000. Eustis, Virginia, $3,016,000. Gordon, Georgia, $2,224,000. Benjamin Harrison, Indiana, $987,000. Knox, Kentucky, $10,379,000. Leavenworth, Kansas, $190,000. Lee, Virginia, $1,115,000. Rucker, Alabama, $1,841,000. Sill, Oklahoma, $1,181,000. Leonard Wood, Missouri, $15,249,000.

UNITED STATES ARMY MILITARY DISTRICT OP WASHINGTON

Fort McNair, District of Columbia, $722,000.

,,.

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 90 STAT. 1350

PUBLIC LAW 94-431—SEPT. 30, 1976 UNITED STATES ARMY MATERIEL COMMAND

.

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Aberdeen Proving Ground, Maryland, $726,000. Detroit Arsenal, Michigan, $340,000. Kansas Army Ammunition Plant, Kansas, $493,000. Letterkenny Army Depot, Pennsylvania, $8,357,000. Fort Monmouth, New Jersey, $495,000. Natick Laboratories, Massachusetts, $118,000. Picatinny Arsenal, New Jersey, $560,000. Pine Bluff Arsenal, Arkansas, $6,934,000. Pueblo Army Depot, Colorado, $417,000. Radford Army Ammunition Plant, Virginia, $25,663,000. Redstone Arsenal, Alabama, $1,126,000, Scranton Army Ammunition Plant, Pennsylvania, $162,000. Seneca Army Depot, New York, $421,000. Sharpe Army Depot, California, $551,000. Sierra Army Depot, California, $1,489,000. Tooele Army Depot, Utah, $2,572,000. USA Fuel Lubrication Research Laboratory, Texas, $469,000. Watervliet Arsenal, New York, $3,383,000. White Sands Missile Range, New Mexico, $349,000. Woodbridge Research Facility, Virginia, $2,130,000. Yuma Proving Ground, Arizona, $6,978,000. AMMUNITION

FACILITIES

Holston Army Ammunition Plant, Tennessee, $1,118,000. Indiana Army Ammunition Plant, Indiana, $6,758,000. Lone Star Army Ammunition Plant, Texas, $116,000. Longhorn Army Ammunition Plant, Texas, $86,000. Milan Army Ammunition Plant, Tennessee, $512,000. Radford Army Ammunition Plant, Virginia, $387,000. Sunflower Army Ammunition Plant, Kansas, $15,238,000. Volunteer Army Ammunition Plant, Tennessee, $285,000. UNITED STATES MILITAKT ACADEMT

United States Military Academy, West Point, New York, $2,857,000. UNITED STATES ARMY H E A L T H SERVICES COMMAND

Fitzsimmons Army Medical Center, Colorado, $244,000. Walter Reed Army Medical Center, District of Columbia, $1,108,000. UNITED STATES ARMY MILITARY TRAFFIC COMMAND

. Sunny Point Army Terminal, North Carolina, $531,000. NUCLEAR WEAPONS SECURITY

Various locations, $2,575,000. - OUTSIDE THE UNITED STATES EIGHTH UNITED STATES ARMY, KOREA

Various locations, $13,669,000.

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 90 STAT. 1351

PUBLIC LAW 94-431—SEPT. 30, 1976 UNITED STATES ARMY, J A P A N

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Okinawa, $124,000. UNITED STATES ARMY SECURITY AGENCY

Various locations, $4,480,000. UNITED STATES ARMY, EUROPE

Germany, various locations, $15,907,000. Italy, various locations, $1,088,000. Various locations: For the United States share of the cost of multilateral programs for the acquisition or construction of military facilities and installations, including international military headquarters, for the collective defense of the North Atlantic Treaty Area, $80,000,000. Within thirty days after the end of each quarter, the Secretary of the Army shall furnish to the Committees on Armed Services and on Appropriations of the Senate and House of Representatives a description of obligations incurred as the United States share of such multilateral programs.

Report to congressional committees.

NUCLEAR WEAPONS SECURITY

Various locations, $49,393,000. EMERGENCY CONSTRUCTION

SEC. 102. The Secretary of the Army may establish or develop Army installations and facilities by proceeding with construction made necessary by changes in Army missions and responsibilities which have been occasioned by (1) unforeseen security considerations, (2) new weapons developments, (3) new and unforeseen research and development requirements, or (4) improved production schedules, if the Secretary of Defense determines that deferral of such construction for inclusion in the next Military Construction Authorization Act would be inconsistent with interests of national security and, in connection therewith, may acquire, construct, convert, rehabilitate, or install permanent or temporary public works, including land acquisition, site preparation, appurtenances, utilities and equipment in the total amount of $10,000,000. The Secretary of the Army, or his designee, shall notify the Committees on Armed Services of the Senate and House of Representatives, immediately upon reaching a final decision to implement, of the cost of construction of any public work undertaken under this section, including those real estate actions pertaining thereto. This authorization will expire upon the date of enactment of the Military Construction Authorization Act for fiscal year 1978 except for those public works projects concerning which the Committees on Armed Services of the Senate and House of Representatives have been notified pursuant to this section prior to such date. TITLE II—NAVY SEC. 201. The Secretary of the Navy may establish or develop military installations and facilities by acquiring, constructing, converting, rehabilitating, or installing permanent or temporary public works, including land acquisition, site preparation, appurtenances,

Congressional committees, notification.

Authorization expiration.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/1402

 90 STAT. 1352

PUBLIC LAW 94-431—SEPT. 30, 1976 utilities, and construction:

equipment,

for

the

following

acquisition

and

INSIDE THE UNITED STATES TRIDENT FACILITIES

Various locations, $92,278,000.

.-;

^

MARINE CORPS

Marine Corps Supply Center, Albany, Georgia, $1,965,000. Marine Corps Base, Camp Lejeune, North Carolina, $22,001,000. Marine Corps Base, Camp Pendleton, California, $12,720,000. Marine Corps Air Station, Cherry Point, North Carolina, $526,000. Marine Corps Air Station, Kaneohe Bay, Hawaii, $1,900,000. Fleet Marine Force Atlantic, Norfolk, Virginia, $799,000. Headquarters, Fleet Marine Force Pacific, Camp Smith, Oahu, Hawaii, $1,046,000. Marine Corps Recruit Depot, Paris Island, South Carolina, $4,499,000. Marine Corps Development and Education Command, Quantico, Virginia, $532,000. Marine Corps Air Station, Yuma, Arizona, $940,000. C H I E F OF NAVAL

OPERATIONS

Naval Support Activity, Brooklyn, New York, $491,000. Naval Support Activity, New Orleans, Louisiana, $1,400,000. Commander in Chief Pacific, Pearl Harbor, Hawaii, $4,300,000. Naval Support Activity, Philadelphia, Pennsylvania, $201,000. Naval Support Activity, Seattle, Washington, $667,000. Headquarters Naval District Washington, Washington, District of Columbia, $1,300,000. COMMANDER I N C H I E F, ATLANTIC FLEET

Naval Air Station, Cecil Field, Florida, $272,000. Oceanographic System Atlantic, Dam Neck, Virginia, $8,048,000. Naval Air Station, Jacksonville, Florida, $6,101,000. Naval Station, Mayport, Florida, $1,674,000. Naval Submarine Base, New London, Connecticut, $300,000. Flag Administrative Unit, Atlantic, Norfolk, Virginia, $223,000. Naval Station, Norfolk, Virginia, $24,246,000. Naval Air Station, Oceana, Virginia, $14,457,000. COMMANDER I N C H I E F, PACIFIC FLEET

Naval Station, Adak, Alaska, $1,418,000. Naval Air Station, Barbers Point, Hawaii, $12,836,000. Naval Air Station, Fallon, Nevada, $2,376,000. Naval Air Station, Miramar, California, $4,958,000. Naval Air Station, MofFett Field, California, $896,000. Naval Air Station, North Island, California, $11,720,000. Naval Station, Pearl Harbor, Hawaii, $4,051,000. Naval Submarine Base, Pearl Harbor, Hawaii, $975,000. Naval Facility, Point Sur, California, $160,000. Naval Station, San Diego, California, $8,386,000. Naval Air Station, Whidbey Island, Washington, $1,055,000.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/1403

 PUBLIC LAW 94-431—SEPT. 30, 1976 NAVAL EDUCATION AND TRAINING

Naval Academy, Annapolis, Maryland, $1,639,000. Naval Supply Corps School, Athens, Georgia, $670,000. Navy Fleet Ballistic Missile Submarine Training Center, Charleston, South Carolina, $2,504,000. Naval Air Station, Memphis, Tennessee, $1,871,000. Naval Submarine School, New London, Connecticut, $672,000. Naval Education and Training Center, Newport, Rhode Island, $490,000. Naval School of Diving and Salvage, Panama City, Florida, $10,800,000. Naval Air Station, Pensacola, Florida, $1,546,000. Naval Technical Training Center, Corry Station, Pensacola, Florida, $900,000. Naval Submarine Training Center, San Diego, California, $3,520,000. Naval Training Center, San Diego, California, $5,455,000. Naval Air Station, Whiting Field, Florida, $1,208,000. BUREAU o r MEDICINE AND SURGERY

Naval Regional Medical Center, Jacksonville, Florida, $7,393,000. Portsmouth Naval Regional Medical Clinic, Kittery, Maine, $4,058,000. Naval Regional Dental Center, Newport, Rhode Island, $1,975,000. Naval Hospital, Orlando, Florida, $23,850,000. Navy Environmental and Preventive Medicine Unit No. 6, Pearl Harbor, Hawaii, $283,000. Naval Regional Dental Center, San Diego, California, $2,501,000. Navy Environmental and Preventive Medicine Unit No. 5, San Diego, California, $1,270,000. C H I E F OF NAVAL MATERIAL

Naval Air Rework Facility, Alameda, California, $1,191,000. Puget Sound Naval Shipyard, Bremerton, Washington, $10,876,000. Charleston Naval Shipyard, Charleston, South Carolina, $11,256,000. Naval Weapons Station, Charleston, South Carolina, $8,796,000. Polaris Missile Facility, Atlantic, Charleston, South Carolina, $2,315,000. Naval Weapons Center, China Lake, California, $950,000. Naval Weapons Support Center, Crane, Indiana, $988,000. Naval Weapons Station, Earle, New Jersey, $2,835,000. National Parachute Test Range, El Centre, California, $732,000. Naval Air Facility, El Centro, California, $3,500,000. Naval Construction Battalion Center, Gulfport, Mississippi, $4,551,000. Naval Ordnance Station, Indian Head, Maryland, $383,000. Naval Torpedo Station, Keyport, Washington, $2,145,000. Portsmouth Naval Shipyard, Kittery, Maine, $12,789,000. Naval Air Station, Lakehurst, New Jersey, $117,000. Long Beach Naval Shipyard, Long Beach, California, $3,981,000. Navy Ships Parts Control Center, Mechanicsburg, Pennsylvania, $135,000. Navy Public Works Center, Norfolk, Virginia, $454,000. Naval Air Test Center, Patuxent River, Maryland, $2,701,000.

90 STAT. 1353 /

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 90 STAT. 1354

PUBLIC LAW 94-431—SEPT. 30, 1976

Pearl Harbor Naval Shipyard, Pearl Harbor, Hawaii, $11,985,000. Naval Air Kework Facility, Pensacola, Florida, $7,784,000. Navy Public Works Center, Pensacola, Florida, $95,000. Navy Aviation Supply Office, Philadelphia, Pennsylvania, $629,000. Philadelphia Naval Shipyard, Philadelphia, Pennsylvania, $4,607,000. Pacific Missile Test Center, Point Mugu, California, $3,087,000. Naval Construction Battalion Center, Port Hueneme, California, $183,000. Norfolk Naval Shipyard, Portsmouth, Virginia, $5,909,000. Naval Undersea Center, San Diego, California, $811,000. Navy Public Works Center, San Francisco, California, $190,000. Mare Island Naval Shipyard, Vallejo, California, $9,302,000. OCEANOGRAPHER OF THE NAVY

Naval Oceanographic Center, Bay Saint Louis, Mississippi, $7,400,000. NUCLEAR WEAPONS SECURITY

Various locations, $34,581,000. OUTSIDE THE UNITED STATES COMMANDER I N CHIEF, ATLANTIC FLEET

Naval Station, Keflavik, Iceland, $6,009,000. Naval Station, Roosevelt Roads, Puerto Rico, $4,160,000. COMMANDER I N C H I E F, PACIFIC FLEET

Naval Magazine, Guam, Mariana Islands, $1,861,000. NAVAL TELECOMMUNICATIONS COMMAND

Classified location, $1,832,000. NAVAL SECURITY GROUP COMMAND

Naval Security Group Activity, Keflavik, Iceland, $3,000,000. NUCLEAR WEAPONS SECURITY

Various locations, $2,494,000. EMERGENCY CONSTRUCTION

SEC 202. The Secretary of the Navy may establish or develop Navy installations and facilities by proceeding with construction made necessary by changes in Navy missions and responsibilities which have been occasioned by (1) unforeseen security considerations, (2) new weapons developments, (3) new and unforeseen research and development requirements, or (4) improved production schedules, if the Secretary of Defense determines that deferral of such construction for inclusion in the next Military Construction Authorization Act would be inconsistent with interests of national security and, in connection therewith, may acquire, construct, convert, rehabilitate, or install permanent or temporary public works, including land acquisition, site preparation,

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Page:United States Statutes at Large Volume 90 Part 1.djvu/1405

 PUBLIC LAW 9 4 - 4 3 1 — S E P T. 30, 1976 appurtenances, utilities, and equipment, in the total amount of $10,000,000. The Secretary of the Navy, or his designee, shall notify the Committees on A r m e d Services of the Senate and House of Representatives, immediately upon reaching a decision to implement, of the cost of construction of any public work undertaken under this section, including those real estate actions pertaining thereto. This authorization will expire upon the date of enactment of the Military Construction Authorization Act for fiscal year 1978 except for those public works projects concerning which the Committees on Armed Services of the Senate and House of Representatives have been notified pursuant to this section prior to such date.

90 STAT. 1355

Congressional committees, notification. Authorization expiration.

DEFICIENCY AUTHORIZATIONS

SEC. 203. Public Law 93-166, as amended, is amended by striking out in clause (2) of section 602 "$549,849,000" and "608,682,000" 87 Stat. 679. and inserting in place thereof "$560,849,000" and "$619,682,000", respectively. TITLE III—AIR FORCE SEC. 301. The Secretary of the A i r Force may establish or develop military installations and facilities by acquiring, constructing, converting, rehabilitating, or installing permanent or temporary public works, including land acquisition, site preparation, appurtenances, utilities, and equipment, for the following acquisition and construction: INSIDE THE UNITED STATES AEROSPACE DEFENSE COMMAND

T y n d a l l A i r Force Base, Florida, $1,720,000. AIR FORCE LOGISTICS COMMAND

H i l l A i r Force Base, U t a h, $16,587,000. Kelly A i r Force Base, Texas, $2,374,000. McClellan A i r Force Base, California, $1,194,000. Newark A i r Force Station, Ohio, $266,000. Robins A i r Force Base, Georgia, $10,051,000. Tinker A i r Force Base, Oklahoma, $5,348,000. W r i g h t - P a t t e r s o n A i r Force Base, Ohio, $35,804,000. AIR FORCE

SYSTEMS COMMAND

A r n o l d Engineering Development Center, Tennessee, $439,010,000. E g l i n A i r Force Base, Florida, $354,000. Laurence G. Hanscom A i r Force Base, Massachusetts, $671,000. P a t r i c k A i r Force Base, Florida, $198,000. P i l l a r P o i n t A i r Force Station, California, $450,000. Various locations, $10,250,000. AIR TRAINING COMMAND

Columbus A i r Force Base, Mississippi, $6,467,000. Keesler A i r Force Base, Mississippi, $1,350,000. Mather A i r Force Base, California, $3,883,000. R and o l p h A i r Force Base, Texas, $4,927,000. Reese A i r Force Base, Texas, $250,000. Williams A i r Force Base, Arizona, $825,000.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/1406

 90 STAT. 1356

PUBLIC LAW 94-431—SEPT. 30, 1976 "

AIR UNIVERSITY

Maxwell Air Force Base, Alabama, $123,000. ALASKAN AIR COMMAND

Elmendorf Air Force Base, Alaska, $210,000. Shemya Air Force Base, Alaska, $3,110,000. Fort Yukon Air Force Station, Alaska, $448,000. HEADQUARTERS COMMAND

Andrews Air Force Base, Marjland, $2,880,000. Boiling Air Force Base, District of Columbia, $1,415,000. MILITARY AIRLIFT COMMAND

Altus Air Force Base, Oklahoma, $11,377,000. Charleston Air Force Base, South Carolina, $1,468,000. Dover Air Force Base, Delaware, $900,000. Little Rock Air Force Base, Arkansas, $2,305,000. McChord Air Force Base, Washington, $286,000. Norton Air Force Base, California, $900,000. Pope Air Force Base, North Carolina, $200,000. Scott Air Force Base, Illinois, $90,000. PACIFIC AIR FORCES

Hickam Air Force Base, Hawaii, $4,145,000. STRATEGIC AIR COMMAND

^

Barksdale Air Force Base, Louisiana, $3,628,000. Beale Air Force Base, Calif ornia, $7,825,000. Blytheville Air Force Base, Arkansas, $2,200,000. Carswell Air Force Base, Texas, $732,000. Castle Air Force Base, California, $1,270,000. Davis-Monthan Air Force Base, Arizona, $2,192,000. Fairchild Air Force Base, Washington, $100,000. Grand Forks Air Force Base, North Dakota, $2,441,000. Griffiss Air Force Base, New York, $699,000. K. I. Sawyer Air Force Base, Michigan $270,000. Malmstrom Air Force Base, Montana, $3,150,000. McConnell Air Force Base, Kansas, $2,948,000. Minot Air Force Base, North Dakota, $980,000. Offutt Air Force Base, Nebraska, $38,060,000. Plattsburgh Air Force Base, New York, $588,000. Rickenbacker Air Force Base, Ohio, $704,000. Vandenberg Air Force Base, California, $1,454,000. Whiteman Air Force Base, Missouri, $133,000. Wurtsmith Air Force Base, Michigan, $1,607,000. TACTICAL AIR COMMAND

England Air Force Base, Louisiana, $198,000. Holloman Air Force Base, New Mexico, $500,000. Luke Air Force Base, Arizona, $987,000. MacDill Air Force Base, Florida, $1,022,000. Moody Air Force Base, Georgia, $5,796,000.

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 PUBLIC LAW 94-431—SEPT. 30, 1976

90 STAT. 1357

Myrtle Beach Air Force Base, South Carolina, $1,570,000. Nellis Air Force Base, Nevada, $245,000. Seymour-Johnson Air Force Base, North Carolina, $1,030,000. East Coast Eange, $7,500,000. UNITED STATES AIR FORCE ACADEMT

United States Air Force Academy, Colorado, $354,000. NUCLEAR WEAPONS SECURITY

Various locations, $15,523,000. AIR INSTALLATION COMPATIBLE USE ZONES

Various locations, $2,217,000. OUTSIDE THE UNITED STATES AIR FORCE S Y S T E M S

COMMAND

Classified locations, $1,300,000. STRATEGIC AIR COMMAND

Andersen Air Force Base, Guam, $4,170,000. UNITED STATES AIR FORCES I N EUROPE

Various locations, $38,000,000. NUCLEAR WEAPONS SECURITY

Various locations, $13,180,000. EMERGENCY

CONSTRUCTION

S E C 302. The Secretary of the Air Force may establish or develop Air Force installations and facilities by proceeding with construction made necessary by changes in Air Force missions and responsibilities which have been occasioned by (1) unforeseen security considerations, (2) new weapons developments, (3) new and unforeseen research and development requirements, or (4) improved production schedules, if the Secretary of Defense determines the deferral of such construction for inclusion in the next Military Construction Authorization Act would be inconsistent with interests of national security and, in connection therewith, may acquire, construct, convert, rehabilitate, or install permanent or temporary public works, including land acquisition, site preparation, appurtenances, utilities, and equipment in the total amount of $10,000,000. The Secretary of the Air Force, or his designee, shall notify the Committees on Armed Services of the Senate and House of Representatives, immediately upon reaching a final decision to implement, of the cost of construction of any public work undertaken under this section, including those real estate actions pertaining thereto. This authorization will expire upon the date of enactment of the Military Construction Authorization Act for fiscal year 1978 except for those public works projects concerning which the Committees on Armed Services of the Senate and House of Representatives have been notified pursuant to this section prior to such date.

Congressional committees, notification.

Authorization expiration.

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 9 0 STAT. 1358

PUBLIC LAW 9 4 - 4 3 1 — S E P T. 30, 1976 TITLE IV—DEFENSE AGENCIES SEC. 401. The Secretary of Defense may establish or develop milit a r y installations and facilities by acquiring, constructing, converting, rehabilitating, or installing permanent or temporary public works, including land acquisition, site preparation, appurtenances, utilities and equipment, for the following acquisition and construction: INSIDE THE UNITED DEFENSE MAPPING

STATES AGENCY

Defense M a p p i n g Agency Aerospace Center, Saint Louis, Missouri, $1,023,000. Defense M a p p i n g Agency Topographic Center, Bethesda, Maryland, $455,000. DEFENSE SUPPLY AGENCY

Cameron Station, Alexandria, Virginia, $8,000,000. Defense Construction S u p p l y Center, Columbus, Ohio, $855,000. Defense Electronics Supply Center, Dayton, Ohio, $130,000. Defense F u e l S u p p o r t Point, Cincinnati, Ohio, $191,000. Defense Fuel S u p p o r t Point, L y n n Haven, Florida, $1,393,000. Defense Fuel S u p p o r t Point, Melville, Newport, Rhode Island, $225,000. Defense General S u p p l y Center, Richmond, Virginia, $1,624,000. Defense Logistics Service Center, Battle Creek, Michigan, $1,862,000. Defense Property Disposal Office, Ayer, Fort Devens, Massachusetts, $500,000. Defense Property Disposal Office, D u l u t h A i r Force Base, Minnesota, $135,000. Defense Property Disposal Office, Groton, Connecticut, $231,000. Defense Property Disposal Office, Gunter A i r Force Base, Alabama, $150,000. Defense Property Disposal Office, Fort Riley, Kansas, $772,000. Defense Property Disposal Office, W u r t s m i t h, Michigan, $162,000. TERMINAL PROCUREMENT

Harrisville, Michigan, $700,000. Verona, New York, $200,000. NATIONAL SECURITY AGENCY

Fort George G. Meade, Maryland, $2,247,000. OUTSIDE THE UNITED

STATES

DEFENSE SUPPLY AGENCY

Defense Property Disposal Office, Kaiserslautern, Germany, $575,000. Defense Property Disposal Office, Nuremberg, Germany, $649,000. Defense Property Disposal Office, Seckenheim, Germany, $867,000. EMERGENCY

CONSTRUCTION

SEC. 402. The Secretary of Defense may establish or develop installations and facilities which he determines to be vital to the secu-

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