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(A) the lands comprising approximately 571,995 acres in the Big Delta Area, Alaska, as generally depicted on the map entitled "Fort Greely Maneuver Area Withdrawal—Proposed", dated January 1985, and filed in accordance with section 2; and (B) the lands comprising approximately 51,590 acres in the Granite Creek Area, Alaska, as generally depicted on the map entitled "Fort Greely, Air Drop Zone Withdrawal—Proposed', dated January 1985, and filed in accordance with section 2. (f) FORT WAINWRIGHT MANEUVER AREA.—(1) Subject to valid existing rights and except as otherwise provided in this Act, the public lands described in paragraph (2) of this subsection are hereby withdrawn from all forms of appropriation under the public land laws (including the mining laws and the mineral leasing and the geothermal leasing laws), under an Act entitled "An Act to provide for the admission of the State of Alaska into the Union", approved July 7, 1958 (48 U.S.C. note prec. 21), and under the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.). Such lands are reserved for use by the Secretary of the Army for— (A) military maneuvering; (B) training for artillery firing, aerial gunnery, and infantry tactics; and (C) subject to the requirements of section 3(f), other defenserelated purposes consistent with the purposes specified in this paragraph. (2) The lands referred to in paragraph (1) of this subsection are the lands comprising approximately 247,951.67 acres of land in the Fourth Judicial District, Alaska, as generally depicted on the map entitled "Fort Wainwright Maneuver Area Withdrawal—Proposed', dated January 1985, and filed in accordance with section 2.

Alaska.

SEC. 2. MAPS AND LEGAL DESCRIPTIONS.

(a) PUBLICATION AND FILING REQUIREMENT.—As soon as practicable after the date of enactment of this Act, the Secretary of the Interior shall— (1) publish in the Federal Register a notice containing the Federal legal description of the lands withdrawn and reserved by this Register, publication. Act; and (2) file maps and the legal description of the lands withdrawn and reserved by this Act with the Committee on Energy and Natural Resources of the United States Senate and with the Committee on Interior and Insular Affairs of the United States House of Representatives. (b) TECHNICAL CORRECTIONS.—Such maps and legal descriptions shall have the same force and effect as if they were included in this Act except that the Secretary of the Interior may correct clerical and typographical errors in such maps and legal descriptions. (c) AVAILABILITY FOR PUBLIC INSPECTION.—Copies of such maps Alaska. and legal descriptions shall be available for public inspection in the Arizona. offices of the Director and appropriate State Directors of the Bureau of Land Management; the office of the commander, Bravo-20 Bombing Range; the offices of the Director and appropriate Regional Directors of the United States Fish and Wildlife Service; the office of the commander, Nellis Air Force Base; the office of the commander, Barry M. Goldwater Air Force Base; the office of the commander, McGregor Range; the office of the installation commander, Fort Richardson, Alaska; the office of the commander. Marine Corps Air Station, Yuma, Arizona; and the office of the Secretary of Defense.

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PUBLIC LAW 99-606—NOV. 6, 1986

(d) REIMBURSEMENT.—The Secretary of Defense shall reimburse the Secretary of the Interior for the cost of implementing this section. SEC. 3. MANAGEMENT OF WITHDRAWN LANDS. National Wildlife Refuge System.

Safety. Defense and national security.

(a) MANAGEMENT BY THE SECRETARY OF THE INTERIOR.—(1) During the period of the withdrawal, the Secretary of the Interior shall manage the lands withdrawn under section 1 (except those lands within a unit of the National Wildlife Refuge System) pursuant to the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.) and other applicable law, including the Recreation Use of Wildhfe Areas Act of 1962 (16 U.S.C. 460k et seq.), and this Act. Lands within the Desert National Wildlife Range and the Cabeza Prieta National Wildlife Refuge shall be managed pursuant to the National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd et seq.) and other applicable law. No provision of this Act, except sections 4,11, and 12, shall apply to the management of the Desert National Wildlife Range or the Cabeza Prieta National Wildlife Refuge. (2) To the extent consistent with applicable law and Executive orders, the lands withdrawn under section 1 may be managed in a manner permitting— (A) the continuation of grazing pursuant to applicable law and Executive orders where permitted on the date of enactment of this Act; (B) protection of wildlife and wildlife habitat; (C) control of predatory and other animals; (D) recreation; and (E) the prevention and appropriate suppression of brush and range fires resulting from nonmilitary activities. (3)(A) All nonmilitary use of such lands, other than the uses described in paragraph (2), shall be subject to such conditions and restrictions as may be necessary to permit the military use of such lands for the purposes specified in or authorized pursuant to this Act. (B) The Secretary of the Interior may issue any lease, easement, right-of-way, or other authorization with respect to the nonmilitary use of such land only with the concurrence of the Secretary of the military department concerned. 0)) CLOSURE TO PUBLIC.—(1) If the Secretary of the military department concerned determines that military operations, public safety, or national security require the closure to public use of any road, trail, or other portion of the lands withdrawn by this Act, the Secretary may take such action as the Secretary determines necessary or desirable to effect and maintain such closure. (2) Any such closure shall be limited to the minimum areas and periods which the Secretary of the military department concerned determines are required to carry out this subsection. (3) Before and during any closure under this subsection, the Secretary of the military department concerned shall— (A) keep appropriate warning notices posted; and (B) take appropriate steps to notify the public concerning such closures. (c) MANAGEMENT PLAN.—The Secretary of the Interior (after consultation with the Secretary of the military department concerned) shall develop a plan for the management of each area withdrawn

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under section 1 during the period of such withdrawal. Each plan shall— (1) be consistent with applicable law; (2) be subject to conditions and restrictions specified in subsection (a)(3) of this section; (3) include such provisions as may be necessary for proper management and protection of the resources and values of such areas; and (4) be developed not later than three years after the date of enactment of this Act. (d) BRUSH AND RANGE FIRES.—The Secretary of the military

department concerned shall take necessary precautions to prevent and suppress brush and range fires occurring within and outside the lands withdrawn under section 1 as a result of military activities and may seek assistance from the Bureau of Land Management in the suppression of such fires. The memorandum of understanding required by subsection (e) shall provide for Bureau of Land Management assistance in the suppression of such fires, and for a transfer of funds from the Department of the Navy, Army, or Air Force, as appropriate, to the Bureau of Land Management as compensation for such assistance. (e) MEMORANDUM OF UNDERSTANDING.—(1) The Secretary of the

Interior and the Secretary of the military department concerned shall (with respect to each land withdrawal under section 1) enter into a memorandum of understanding to implement the management plan developed under subsection (c). Any such memorandum of understanding shall provide that the Director of the Bureau of Land Mang^ement shall provide assistance in the suppression of fires resulting from the military use of lands withdrawn under section 1 if requested by the Secretary of the military department concerned. (2) The duration of any such memorandum shall be the same as the period of the withdrawal of the lands under section 1. (f) ADDITIONAL MILITARY USES.—(1) Lands withdrawn by section 1 (except those within the Desert National Wildlife Range or within the Cabeza Prieta National Wildlife Refuge) may be used for defense-related uses other than those specified in such section. The Secretary of Defense shall promptly notify the Secretary of the Interior in the event that the lands withdrawn by this Act will be used for defense-related purposes other than those specified in section 1. Such notification shall indicate the additional use or uses involved, the proposed duration of such uses, and the extent to which such additional military uses of the withdrawn lands will require that additional or more stringent conditions or restrictions be imposed on otherwise-permitted nonmilitary uses of the withdrawn land or portions thereof. SEC. 4. SPECIAL WILDLIFE RULES. (a) NELUS AIR FORCE RANGE.—(1) Neither the withdrawal under

section 1(b) nor any other provision of this Act shall be construed to amend— (A) the National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd et seq.) or any other law related to management of the National Wildlife Refuge System; or (B) any Executive order or public land order in effect on the date of enactment of this Act with respect to the Desert National Wildlife Refuge.

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PUBLIC LAW 99-606—NOV. 6, 1986

(2) Neither the withdrawal under section 1(b) nor any other provision of this Act shall be construed to amend any memorandum of understanding between the Secretary of the Interior and the Secretary of the Air Force regarding the administration and joint use of a portion of the Desert National Wildlife Range. The provisions of the memorandum of understanding between the Secretary of the Interior and the Department of the Air Force regarding Air Force operations on the Desert National Wildlife Range in effect on March 15, 1986, shall not be amended sooner than 90 days after the Secretary of the Interior has notified the Committee on Interior and Insular Affairs of the House of Representatives, the Committee on Energy and Natural Resources of the Senate, the Committees on Armed Services of the Senate and the House of Representatives, the Committee on Merchant Marine and Fisheries of the House of Representatives, and the Committee on Environment and Public Works of the Senate of any proposed amendments to such provisions. (b) BARRY M. GOLDWATER AIR FORCE RANGE.—(1) Neither the withdrawal under section 1(c) nor any other provision of this Act shall be construed to amend— (A) the National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd et seq.) or any other law related to management of the National Wildlife Refuge System; or (B) any Executive order or public land order in effect on the date of enactment of this Act with respect to the Cabeza Prieta National Wildlife Refuge. (2) Neither the withdrawal under section 1(c) nor any other provision of this Act shall be construed to amend any memorandum of understanding between the Secretary of the Interior and the Secretary of the Air Force regarding the administration and joint use of a portion of the Cabeza Prieta National Wildlife Refuge. The provisions of the memorandum of understanding between the Secretary of the Interior and the Department of the Air Force regarding Air Force operations on the Cabeza Prieta National Wildlife Refuge in effect on March 24, 1975, shall not be amended sooner than 90 days after the Secretary of the Interior has notified the Committee on Interior and Insular Affairs of the House of Representatives, the Committee on Energy and Natural Resources of the Senate, the Committees on Armed Services of the Senate and the House of Representatives, the Committee on Merchant Marine and Fisheries of the House of Representatives, and the Committee on Environment and Public Works of the Senate of any proposed amendments to such provisions. SEC. 5. DURATION OF WITHDRAWALS.

(a) DURATION.—The withdrawal and reservation established by this Act shall terminate 15 years after the date of enactment of this Act. (b) DRAFT ENVIRONMENTAL IMPACT STATEMENT.—(1) No later than 12 years after the date of enactment of this Act, the Secretary of the military department concerned shall publish a draft environmental impact statement concerning continued or renewed withdrawal of any portion of the lands withdrawn by this Act for which that Secretary intends to seek such continued or renewed withdrawal. Such draft environmental impact statement shall be consistent with the requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) applicable to such a draft environmental

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impact statement. Prior to the termination date specified in subsection (a), the Secretary of the military department concerned shall hold a public hearing on any draft environmental impact statement published pursuant to this subsection. Such hearing shall be held in the affected State or States in order to receive public comments on the alternatives and other matters included in such draft environmental impact statement. (2)(A) For purposes of such draft environmental impact statement Nevada. published by the Secretary of the Navy, the term "lands withdrawn by this Act" shall be deemed to include lands withdrawn by public land orders 275, 788, 898, and 2635 and lands proposed for withdrawal as specified in the draft environmental impact statement for the proposed master land withdrawal. Naval Air Station, Fallon, Nevada. (B) For purposes of this subsection, lands withdrawn by section 1(b) shall be deemed to include lands withdrawn by Public Law 98-485. (c) EXTENSIONS OR RENEWALS.—The withdrawals established by

98 Stat. 2261.

this Act may not be extended or renewed except by an Act or joint resolution. SEC. 6. NEVADA REPORT.

(a) SPECIAL NEVADA REPORT.—No later than five years after the Health and date of enactment of this Act, the Secretary of the Air Force, the medical care. Secretary of the Navy, and the Secretary of the Interior shall submit Safety. to Congress a joint report. In addition to the other matters required by this section, the report shall include an analysis and an evaluation of the effects on public health and safety throughout Nevada of— (1) the operation of aircraft at subsonic and supersonic speeds; (2) the use of aerial and other gunnery, rockets, and missiles; and (3) the uses specified in section 1. (b) EVALUATION OF CUMULATIVE EFFECTS OF CONTINUED OR RENEWED WITHDRAWAL.—Each of the military departments con-

cerned and the Secretary of the Interior shall, in the report required by this section, evaluate the cumulative effects of continued or renewed withdrawal for military purposes of the military department concerned of some or all of the lands withdrawn by sections 1(a) and 1(b) on the environment and population of Nevada. In performing this evaluation, there shall be considered— (1) the actual and proposed withdrawal for military and related purposes of other lands in Nevada, including (but not limited to)— (A) lands withdrawn by sections 1(a) and 1(b) of this Act and by Public Law 98-485 (98 Stat. 2261); (B) lands withdrawn by Public Land Orders 275, 788, 898, and 2635; (C) lands proposed for withdrawal as specified in the draft environmental impact statement for the proposed master land withdrawal, Naval Air Station, Fallon, Nevada; and (D) lands withdrawn or being considered for withdrawal for use by the Department of Energy; and (2) the cumulative impacts on public and private property in Nevada and on the fish and wildlife, cultural, historic, scientific, recreational, wilderness, and other values of the public lands of Nevada resulting from military and defense related uses of the

Real property. Defense and national security.

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PUBLIC LAW 99-606—NOV. 6, 1986

lands withdrawn by sections 1(a) and 1(b) and the other lands described in paragraph (1) of this subsection. (c) MITIGATION MEASURES.—The report required by this subsection shall include an analysis and an evaluation of possible measures to mitigate the cumulative effect of the withdrawal of public lands in Nevada for military and defense-related purposes, and of use of the airspaces over public lands in Nevada for such purposes, on people B >5/5?'. ^j^jj property in Nevada and the fish and wildlife, cultural, historic, scientific, wilderness, and other resources and values of the public lands in Nevada (including recreation, mineral development, and agriculture). SEC. 7. ONGOING DECONTAMINATION. (a) PROGRAM.—Throughout the duration of the withdrawals made by this Act, the Secretary of the military department concerned, to the extent funds are made available, shall maintain a program of < '%.i«t decontamination of lands withdrawn by this Act at least at the level of cleanup achieved on such lands in fiscal year 1986. President of U.S. (b) REPORTS.—At the Same time as the President transmits to the Congress the President's proposed budget for the first fiscal year beginning after the date of enactment of this Act and for each subsequent fiscal year, each such Secretary shall transmit to the • • • Committees on Appropriations, Armed Services, and Energy and Natural Resources of the Senate and to the Committees on Appropriations, Armed Services, and Interior and Insular Affairs of the House of Representatives a description of the decontamination efforts undertaken during the previous fiscal year on such lands and the decontamination activities proposed for such lands during the next fiscal year including: (1) amounts appropriated and obligated or expended for decontamination of such lands; (2) the methods used to decontaminate such lands; (3) amount and types of contaminants removed from such i« lands;

(4) estimated types and amounts of residual contamination on such lands; and (5) an estimate of the costs for full decontamination of such ' lands and the estimate of the time to complete such decontamination.

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SEC. 8. REQUIREMENTS FOR RENEWAL. (a) NOTICE AND FIUNG.—(1) No later than three years prior to the termination of the withdrawal and reservation established by this Act, the Secretary of the military department concerned shall advise the Secretary of the Interior as to whether or not the Secretary of the military department concerned will have a continuing military need for any of the lands withdrawn under section 1 after the termination date of such withdrawal and reservation. (2) If the Secretary of the military department concerned concludes that there will be a continuing military need for any of such lands after the termination date, that Secretary shall file an application for extension of the withdrawal and reservation of such needed lands in accordance with the regulations and procedures of the Department of the Interior applicable to the extension of withdrawals of lands for military uses. (3) If, during the period of withdrawal and reservation, the Secretary of the military department concerned decides to relinquish

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all or any of the lands withdrawn and reserved by this Act, such Secretary shall file a notice of intention to relinquish with the Secretary of the Interior. (b) CONTAMINATION.—(1) Before transmitting a notice of intention to relinquish pursuant to subsection (a), the Secretary of Defense, acting through the military department concerned, shall prepare a written determination concerning whether and to what extent the lands that are to be relinquished are contaminated with explosive, toxic, or other hsizardous materials. (2) A copy of such determination shall be transmitted with the notice of intention to relinquish. (3) Copies of both the notice of intention to relinquish and the determination concerning the contaminated state of the lands shall be published in the Federal Register by the Secretary of the Interior. (c) DECONTAMINATION.—If any land which is the subject of a notice of intention to relinquish pursuant to subsection (a) is contaminated, and the Secretary of the Interior, in consultation with the Secretary of the military department concerned, determines that decontamination is practicable and economically feasible (taking into consideration the potential future use and value of the land) and that upon decontamination, the land could be opened to operation of some or all of the public land laws, including the mining laws, the Secretary of the military department concerned shall decontaminate the land to the extent that funds are appropriated for such purpose. (d) ALTERNATIVES.—If the Secretary of the Interior, after consultation with the Secretary of the military department concerned, concludes that decontamination of any land which is the subject of a notice of intention to relinquish pursuant to subsection (a) is not practicable or economically feasible, or that the land cannot be decontaminated sufficiently to be opened to operation of some or all of the public land laws, or if Congress does not appropriate a sufficient amount of funds for the decontamination of such land, the Secretary of the Interior shall not be required to accept the land proposed for relinquishment. (e) STATUS OF CONTAMINATED LANDS.—If, because of their contaminated state, the Secretary of the Interior declines to accept jurisdiction over lands withdrawn by this Act which have been proposed for relinquishment, or if at the expiration of the withdrawal made by this Act the Secretary of the Interior determines that some of the lands withdrawn by this Act are contaminated to an extent which prevents opening such contaminated lands to operation of the public land laws— (1) the Secretary of the military department concerned shall take appropriate steps to warn the public of the contaminated ^'* state of such lands and any risks associated with entry onto such lands; (2) after the expiration of the withdrawal, the Secretary of the military department concerned shall undertake no activities on such lands except in connection with decontamination of such lands; and (3) the Secretary of the military department concerned shall report to the Secretary of the Interior and to the Congress concerning the status of such lands and all actions taken in furtherance of this subsection. (f) REVOCATION AUTHORITY.—Notwithstanding any other provisions of law, the Secretary of the Interior, upon deciding that it is in

Hazardous materials.

Federal Register, publication.

Public information.

Reports

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Federal Register, publication.

Minerals and mining.

PUBLIC LAW 99-606—NOV. 6, 1986

the public interest to accept jurisdiction over lands proposed for relinquishment pursuant to subsection (a), is authorized to revoke the withdrawal and reservation established by this Act as it applies to such lands. Should the decision be made to revoke the withdrawal and reservation, the Secretary of the Interior shall publish in the Federal Register an appropriate order which shall— (1) terminate the withdrawal and reservation; (2) constitute official acceptance of full jurisdiction over the lands by the Secretary of the Interior; and (3) state the date upon which the lands will be opened to the operation of some or all of the public lands laws, including the mining laws. SEC. 9. DELEGABILITY.

(a) DEFENSE.—The functions of the Secretary of Defense or of a military department under this title may be delegated. (b) INTERIOR.—The functions of the Secretary of the Interior under this title may be delegated, except that an order described in section 7(f) may be approved and signed only by the Secretary of the Interior, the Under Secretary of the Interior, or an Assistant Secretary of the Department of the Interior. SEC. 10. WATER RIGHTS.

Nothing in this Act shall be construed to establish a reservation to the United States with respect to any water or water right on the lands described in section 1 of this Act. No provision of this Act shall be construed as authorizing the appropriation of water on lands described in section 1 of this Act by the United States after the date of enactment of this Act except in accordance with the law of the relevant State in which lands described in section 1 are located. This section shall not be construed to affect water rights acquired by the United States before the date of enactment of this Act. National Wildlife Refuge System.

-vio;

Federal Register, publication.

17 Stat. 91. 30 USC 181. 30 USC 351 note, 1001 note. Federal Register, publication. National Wildlife Refuge System.

SEC. 11. HUNTING, FISHING, AND TRAPPING.

All hunting, fishing, and trapping on the lands withdrawn by this Act shall be conducted in accordance with the provisions of section 2671 of title 10, United States Code, except that hunting, fishing, and trapping within the Desert National Wildlife Range and the Cabeza Prieta National Wildlife Refuge shall be conducted in accordance with the National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd et seq.), the Recreation Use of Wildlife Areas Act of 1962 (16 U.S.C. 460k et seq.), and other laws applicable to the National Wildlife Refuge System. SEC. 12. MINING AND MINERAL LEASING.

(a) DETERMINATION OF LANDS SUITABLE FOR OPENING.—As soon as possible after the enactment of this Act and at least every five years thereafter, the Secretary of the Interior shall determine, with the concurrence of the Secretary of the military department concerned, which public and acquired lands (except as provided in this subsection) described in subsections (a), (b), (d), (e), and (f) of section 1 of this Act the Secretary of the Interior considers suitable for opening to the operation of the Mining Law of 1872, the Mineral Lands Leasing Act of 1920, as amended, the Mineral Leasing Act for Acquired Lands of 1947, the Geothermal Steam Act of 1970, or any one or more of such Acts. The Secretary of the Interior shall publish a notice in the Federal Register listing the lands determined suit-

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able pursuant to this section and specifying the opening date, except that lands contained within the Desert National Wildlife Range in Nevada or within the Cabeza Prieta National Wildlife Refuge in Arizona shall not be determined to be suitable for opening pursuant to this section. (b) OPENING LANDS.—On the day specified by the Secretary of the

Interior in a notice published in the Federal Register pursuant to subsection (a), the land identified under subsection (a) as suitable for opening to the operation of one or more of the laws specified in subsection (a) shall automatically be open to the operation of such laws without the necessity for further action by either the Secretary or the Congress. (c) EXCEPTION FOR COMMON VARIETIES.—NO deposit of minerals or materials of the types identified by section 3 of the Act of July 23, 1955 (69 Stat. 367), whether or not included in the term "common varieties" in that Act, shall be subject to location under the Mining Law of 1872 on lands described in section 1. (d) REGULATIONS.—The Secretary of the Interior, with the advice and concurrence of the Secretary of the military department concerned shall promulgate such regulations to implement this section as may be necessary to assure safe, uninterrupted, and unimpeded use of the lands described in section 1 for military purposes. Such regulations shall also contain guidelines to assist mining claimants in determining how much, if any, of the surface of any lands opened pursuant to this section may be used for purposes incident to mining. (e) CLOSURE OF MINING LANDS.—In the event of a national emergency or for purposes of national defense or security, the Secretary of the Interior, at the request of the Secretary of the military department concerned, shall close any lands that have been opened to mining or to mineral or geothermal leasing pursuant to this section.

Federal Register, publication.

30 USC 611. 17 Stat. 91.

Defense and national security.

(f) LAWS GOVERNING MINING ON LANDS WITHDRAWN UNDER THIS

ACT.—(1) Except as otherwise provided in this Act, mining claims located pursuant to this Act shall be subject to the provisions of the mining laws. In the event of a conflict between those laws and this Act, this Act shall prevail. (2) All mining claims located under the terms of this Act shall be subject to the provisions of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.). (g) PATENTS.—(1) Patents issued pursuant to this Act for locatable minerals shall convey title to locatable minerals only, together with the right to use so much of the surface as may be necessary for purposes incident to mining under the guidelines for such use established by the Secretary of the Interior by regulation. (2) All such patents shall contain a reservation to the United States of the surface of all lands patented and of all nonlocatable minerals on those lands. (3) For the purposes of this section, all minerals subject to location under the Mining Law of 1872 are referred to as "locatable minerals". (h) REVOCATION.—Notwithstanding any other provision of law, the Secretary of the Interior, if the Secretary determines it necessary and appropriate for the purpose of consummating an exchange of lands or interests therein under applicable law, is hereby authorized and directed to revoke the Small Tract Act Classification S.T.049794 in Clark County, Nevada.

Nevada.

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PUBLIC LAW 99-606—NOV. 6, 1986

SEC. 13. IMMUNITY OF UNITED STATES.

The United States and all departments or agencies thereof shall be held harmless and shall not be liable for any injuries or damages to persons or property suffered in the course of any mining or mineral or geothermal leasing activity conducted on lands described in section 1 of this Act. Military Lands Withdrawal Act of 1986.

SEC. 14. SHORT TITLE.

Sections 1 through 15 of this Act may be cited as the "Military Lands Withdrawal Act of 1986". SEC. 15. REDESIGNATION.

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Arizona.

The Luke Air Force Range in Arizona is hereby redesignated as the "Barry M. Groldwater Air Force Range". Any reference in any law, regulation, document, record, map, or other paper of the United States to the Luke Air Force Range shall be deemed to be a reference to the "Barry M. Goldwater Air Force Range".

16 USC 460ff-l.

SEC. 16. BOUNDARY ADJUSTMENT TO CUYAHOGA VALLEY NATIONAL RECREATION AREA.

U.

State and local governments.

Section 2 of the Act entitled "An Act to provide for the establishment of the Cuyahoga Valley National Recreational Recreation Area", approved December 27, 1974 (16 U.S.C. 460ff et seq.), is amended as follows: (1) In subsection (a), strike out "numbered 655-90,001-A and July 1986". (2) At the end of subsection (a), insert the following: "The recreation area shall also comprise any lands designated as 'City of Akron Lands' on the map referred to in the first sentence which are offered as donations to the Department of the Interior or which become privately owned. The Secretary shall revise such map to depict such lands as part of the recreation area.". (3) In subsection fl)), after the first sentence, insert the following: "The Secretary may not acquire fee title to any lands included within the recreation area in 1986 which are designated on the map referred to in subsection (a) as 'Scenic Easement Acquisition Areas'. The Secretary may acquire only scenic easements in such designated lands. Unless consented to by the owner from which the easement is acquired, any such scenic easement may not prohibit
 * dated May 1978" and insert "numbered 644-80,054 and dated

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100 STAT. 3469

any activity, the subdivision of any land, or the construction of any building or other facility if such activity, subdivision, or construction would have been permitted under laws and ordinances of the unit of local government in which such land was located on April 1, 1986, as such laws and ordinances were in effect on such date.". Approved November 6, 1986.

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LEGISLATIVE HISTORY—H.R. 1790: CONGRESSIONAL RECORD, Vol. 132 (1986): Oct. 17, considered and passed House. Oct. 18, considered and passed Senate.

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 100 STAT. 3470

PUBLIC LAW 99-607—NOV. 6, 1986

Public Law 99-607 99th Congress Nov. 6, 1986 [H.R, 2434]

An Act To authorize appropriations for the Patent and Trademark Office in the Department of Commerce, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. AUTHORIZATION OF APPROPRIATIONS. (a) PURPOSES AND AMOUNTS.—There are authorized to be appro-

Small business.

Small business.

35 USC 42 note.

priated to the Patent and Trademark Office— (1) for salaries and necessary expenses, $101,631,000 for fiscal year 1986, $110,400,000 for fiscal year 1987, and $111,900,000 for fiscal year 1988; and (2) such additional amounts as may be necessary for each such fiscal year for increases in salary, pay, retirement, and other employee benefits authorized by law. (b) REDUCTION OF PATENT FEES.—(1) Amounts appropriated under subsection (a) shall be used to reduce by 50 per centum each fee paid on or after October 1, 1985, under section 41(a) or 410t)) of title 35, United States Code, by— (A) an independent inventor or nonprofit organization as defined in regulations prescribed by the Commissioner of Patents and Trademarks, or (B) a small business concern as defined under section 3 of the Small Business Act (15 U.S.C. 632). (2) Section 41 of title 35, United States Code, is amended by adding at the end the following new subsection: "(h)(1) Fees charged under subsection (a) or (b) shall be reduced by 50 percent with respect to their application to any small business concern as defined under section 3 of the Small Business Act, and to any independent inventor or nonprofit organization as defined in regulations issued by the Commissioner of Patents and Trademarks. '(2) With respect to its application to any entity described in paragraph (1), any surcharge or fee charged under subsection (c) or (.d) shall not be higher than the surcharge or fee required of any other entity under the same or substantially similar circumstances.". SEC. 2. APPROPRIATIONS AUTHORIZED TO BE CARRIED OVER.

Amounts appropriated under this Act and such fees as may be collected under title 35, United States Code, and the Trademark Act of 1946 (15 U.S.C. 1051 and following) may remain available until expended. 15 USC 1113 note.

SEC. 3. OVERSIGHT OF AND LIMITATIONS ON TRADEMARK AND CERTAIN PATENT FEES. (a) TRADEMARK FEES.—The Commissioner of Patents and Trade-

marks may not, during fiscal years 1986, 1987, and 1988, increeise fees established under section 31 of the Trademark Act of 1946 (15 U.S.C. 1113) except for purposes of making adjustments which in the

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 PUBLIC LAW 99-607—NOV. 6, 1986

100 STAT. 3471

aggregate do not exceed fluctuations during the previous three years in the Consumer Price Index, as determined by the Secretary of Labor. The Commissioner also may not establish additional fees under such section during such fiscal years. (b) PATENT FEES.—The Commissioner of Patents and Trademarks may not, during fiscal years 1986, 1987, and 1988, increase fees established under section 41(d) of title 35, United States Code, except for purposes of making adjustments which in the aggregate do not exceed fluctuations during the previous 3 years in the Consumer Price Index, as determined by the Secretary of Labor. The Commissioner also may not establish additional fees under such section during such fiscal years. (c) REPORT TO CONGRESS.—The Secretary of Commerce shall, on the day on which the President submits the annual budget to the Congress, provide to the Committees on the Judiciary of the Senate and the House of Representatives— (1) a list of patent and trademark fee collections by the Patent and Trademark Office during the preceding fiscal year; (2) a list of activities of the Patent and Trademark Office during the preceding fiscal year which were supported by patent fee expenditures, trademark fee expenditures, and appropriations; (3) budget plans for significant programs, projects, and activities of the Office, including out-year funding estimates; (4) any proposed disposition of surplus fees by the Office; and (5) such other information as the committees consider necessary. SEC. 4. FEES FOR USE OF SEARCH ROOMS AND LIBRARIES PROHIBITED.

The Commissioner of Patents and Trademarks may not impose a fee for use of public patent or trademark search rooms and libraries. The costs of such rooms and libraries shall come from amounts appropriated by Congress. SEC. 5. CONGRESSIONAL OVERSIGHT AND LIMITATIONS ON THE USE OF FEE REVENUES FOR PROPOSED PURCHASE OF AUTOMATED DATA PROCESSING SYSTEMS. (a) FUNDING OF AUTOMATED DATA PROCESSING RESOURCES.—

(1) ALLOCATIONS.—Of amounts available to the Patent and Trademark Office for automatic data processing resources for fiscal years 1987 and 1988, not more than 30 percent of such amounts in each such fiscal year may be from fees collected under section 31 of the Trademark Act of 1946 (15 U.S.C. 1113) and section 41 of title 35, United States Code. The Commissioner of Patents and Trademarks shall notify the Committees on the Judiciary of the Senate and the House of Representatives of any proposed reprogrammings which would increase or decrease the amount of appropriations expended for automatic data processing resources. (2) USE OF REVENUES BY PATENT AND TRADEMARK OFFICE.—

Except as otherwise specifically provided in this Act and section 42(c) of title 35, United States Code, the Patent and Trademark Office is authorized to use appropriated or apportioned fee revenues for any of its operations or activities. (b) REPORT BY COMMISSIONER ON IMPLEMENTATION AUTOMATION

PLAN.—At least 90 calendar days before the date of implementation of each key deployment decision provided for in the revised master

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text:
Page:United States Statutes at Large Volume 100 Part 4.djvu/1126

 100 STAT. 3472

PUBLIC LAW 99-607—NOV. 6, 1986

automation plan that was approved by the Secretary of Commerce and the Director of the Office of Management and Budget and that was submitted, in February 1986, to the Committees on the Judiciary of the Senate and the House of Representatives, the Commissioner of Patents and Trademarks shall report the proposed implementation to those committees. Each key deployment decision shall be approved by the designated Senior Official for Information Resources Management of the Department of Commerce before the report on the decision is made under the preceding sentence. Each such report on a key deployment decision shall include the cost and method of financing the deployment decision, including, where appropriate, a comparison with the cost benefit analysis contained in the revised automation master plan, as well as such other information as the committees consider necessary. Contracts. Reports.

Contracts. International organizations. 35 USC 6 note.

(c) PROHIBITION ON N E W OBLIGATIONS.—The Patent and Trade-

mark Office may not enter into any new contract, or obligate any funds, to implement a key deployment decision described in subsection (b) until the expiration of 90 calendar days after the report with respect to such deployment decision is submitted under such subsection. (d) EFFECTIVE DATE.—Subsections (b) and (c) take effect on January 1, 1987. SEC. 6. USE OF EXCHANGE AGREEMENTS RELATING TO AUTOMATIC DATA PROCESSING RESOURCES PROHIBITED.

The Commissioner of Patents and Trademarks may not enter into new agreements for the exchange of items or services (as authorized under section 6(a) of title 35, United States Code) relating to automatic data processing resources (including hardware, software and related services, and machine readable data) during fiscal years 1986, 1987, and 1988, nor continue existing agreements for the exchange of such items or services after April 1, 1987. This section shall not apply to any agreement relating to data for automation programs entered into with a foreign government or with an internationed intergovernmental organization. Approved November 6, 1986.

. ' ' '

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LEGISLATIVE HISTORY—H.R. 2434: HOUSE REPORTS: No. 99-104 (Comm. on the Judiciary). SENATE REPORTS: No. 99-305 (Comm. on the Judiciary). CONGRESSIONAL RECORD: Vol. 131 (1985): June 24, considered and passed House. Vol. 132 (1986): June 6, considered and passed Senate, amended. Oct. 2, House concurred in certain Senate amendments, in others with amendments. Oct. 18, Senate concurred in House amendments. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 22 (1986): Nov. 6, Presidential statement.

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Page:United States Statutes at Large Volume 100 Part 4.djvu/1127

 PUBLIC LAW 99-608—NOV. 6, 1986

Public Law 99-608 99th Congress

100 STAT. 3473

An Act

To authorize funds to preserve the official papers of Joseph W. Martin, Jr.

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

Nov. 6, 1986 [H.R. 4244]

SECTION 1. ASSISTANCE AUTHORIZED.

In recognition of the public service of the former Speaker of the United States House of Representatives, Joseph W. Martin, Jr., and of the need for preserving the official papers of Speaker Martin, the Secretary of Education is authorized to provide funds in accordance with the provisions of this Act to assist in the construction of the Joseph W. Martin Institute for Law and Society at Stonehill College, North Easton, Massachusetts.

Schools and colleges. Massachusetts.

SEC. 2. CONDITIONS FOR ASSISTANCE.

No payment may be made under this Act except upon an application at such time, in such manner, and containing or accompanied by such information as the Secretary of Education may require in order to certify the amount of eligible funds. All such payments may be used in furtherance of the mission of the Joseph W. Martin Institute for Law and Society to establish a regional and national academic center for scholarship and applied research on the development of domestic and foreign policy during the career of Joseph W. Martin, Jr. SEC. 3. DURATION OF ASSISTANCE.

Funds appropriated pursuant to this Act shall be made available to Stonehill College on or after October 1, 1986, and prior to the close of the fiscal year ending September 30, 1990. SEC. 4. AUTHORIZATION OF APPROPRIATION.

There are authorized to be appropriated such sums as may be necessary to carry oxd this Act for the fiscal year ending September 30, 1986, and for each of the three succeeding fiscal years, except that the aggregate amount so appropriated shall not exceed $6,000,000. Funds appropriated pursuant to this section shall remain available until expended. SEC. 5. AUTHORIZATION OF KANSAS EDUCATIONAL SATELLITE VIDEO COMMUNICATIONS CENTER

(a) The Secretary is authorized to provide financial assistance, in accordance with the provisions of this section, to pay the Federal share of the cost of construction, and related expenses, for the Kansas Educational Satellite Video Communications Center at the Kansas State University located in Manhattan, Kansas, to enable the Kansas State University to establish the Kansas Educational Satellite Video Communications Center in order to produce and disseminate television programming in subject areas of local, regional, national, and international importance.

Research and development.

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Page:United States Statutes at Large Volume 100 Part 4.djvu/1128

 100 STAT. 3474

Appropriation authorization.

PUBLIC LAW 99-608—NOV. 6, 1986

(b) No financial assistance may be made under this section except upon an application at such time, in such manner, and containing or accompanied by such information, as the Secretary may reasonably require. (c) There are authorized to be appropriated such sums, not to exceed $6,000,000, as may be necessary to carry out the provisions of this section. Funds appropriated pursuant to this section shall remain available until expended. Approved November 6, 1986.

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Page:United States Statutes at Large Volume 100 Part 4.djvu/1129

 PUBLIC LAW 99-609—NOV. 6, 1986

100 STAT. 3475

Public Law 99-609 99th Congress An Act To transfer the Community Development Credit Union Revolving Loan Fund to the National Credit Union Administration and to authorize the National Credit Union -' Administration Board to administer the Fund.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE.

This Act may be cited as the "Community Development Credit Union Revolving Loan Fund Transfer Act". SEC. 2. TRANSFER OF COMMUNITY DEVELOPMENT CREDIT UNION REVOLVING LOAN FUND.

Nov. 6, 1986 [H.R. 5554]

Community Development Credit Union Revolving Loan Fund Transfer Act. 42 USC 9822 note.

(a) ADMINISTRATION OF FUND BY N C U A. — 42 USC 9822 (1) IN GENERAL.—Beginning on the date of the enactment of note, this Act, the National Credit Union Administration Board shall administer the Community Development Credit Union Revolving Loan Fund. (2) TRANSFER OF AUTHORITY.—All authority to carry out the purposes of the Fund and to prescribe regulations in connection with the administration of the Fund which, on the day before the date of the enactment of this Act, was vested in the Secretary of Health and Human Services shall vest on such date in the Board. Except as provided in. subsection (c), the Secretary shall have no further responsibility with respect to the Fund. (b) CONTINUED AVAILABILITY OF APPROPRIATED FUNDS.—All funds appropriated to the Fund and interest accumulated in the Fund which continue to be available under section 633 of the Omnibus Budget Reconciliation Act of 1981 shall continue to be available to 42 USC 9822. the Board to carry out the purposes of the Fund. (c) TRANSFER OF ASSETS; ETC.—The Secretary shall transfer to the National Credit Union Administration all assets, liabilities, grants, contracts, property, records, and funds held, used, arising from, or available to the Secretary in connection with the administration of the Fund before the end of the 60-day period beginning on the date of the enactment of this Act. (d) SAVINGS PROVISIONS.—

(1) REGULATIONS.—Any regulations prescribed by the Secretary in connection with the administration of the Fund shall continue in effect until superseded by regulations prescribed by the Board. (2) EXISTING RIGHTS, DUTIES, AND OBLIGATIONS NOT AFFECTED.—

Subsection (a) shall not be construed as affecting the validity of any right, duty, or obligation of the United States or any other person arising under or pursuant to any contract, loan, or other instrument or agreement which was in effect on the day before the date of the enactment of this Act. (3) CONTINUATION OF SUITS.—No action or other proceeding commenced by or against the Secretary in connection with the

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text:
Page:United States Statutes at Large Volume 100 Part 4.djvu/1130

 100 STAT. 3476

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PUBLIC LAW 99-609—NOV. 6, 1986

administration of the Fund shall abate by reason of the enactment of this Act, except that the Board shall be substituted for the Secretary as a party to any such action or proceeding. (e) DEFINITIONS.—For purposes of this section— (1) BOARD.—The term "Board" means the National Credit Union Administration Board. (2) FUND.—The term "Fund" means the Community Development Credit Union Revolving Loan Fund established under title ^' VII of the Economic Opportunity Act of 1964 (as in effect before the date of the enactment of the Omnibus Budget Reconciliation Act of 1981). •s ^ (3) SECRETARY.—The term "Secretary" means the Secretary of Health and Human Services. Approved November 6, 1986.

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LEGISLATIVE HISTORY—H.R. 5554: CONGRESSIONAL RECORD, Vol. 132 (1986): Sept. 29, considered and passed House. Oct. 18, considered and passed Senate.

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Page:United States Statutes at Large Volume 100 Part 4.djvu/1131

 PUBLIC LAW 99-610—NOV. 6, 1986 Public Law 99-610 99th Congress

100 STAT. 3477 ,

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Joint Resolution To authorize the establishment of a memorial on Federal land in the District of Columbia and its environs to honor women who have served in the Armed Forces of the United States.

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Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, AUTHORIZATION OF MEMORIAL

1. The Women in Military Service for America Memorial 40 USC 1003 Foundation is authorized to establish a memorial on Federal land in note. the District of Columbia and its environs to honor women who have served in the Armed Forces of the United States. Such memorial shall be established in accordance with the provisions of H.R. 4378, as approved by the House of Representatives on September 29, 1986. SECTION

FUNDING

SEC. 2. The Women in Military Service for America Memorial Foundation shall establish the memorial with non-Federal funds. Approved November 6, 1986.

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LEGISLATIVE HISTORY—H.J. Res. 36: HOUSE REPORTS: No. 99-342 (Comm. on House Administration). SENATE REPORTS: No. 99-461 (Comm. on Energy and Natural Resources). CONGRESSIONAL RECORD: Vol. 131 (1985): Nov. 4, 6, considered and passed House. Vol. 132 (1986): Oct. 16, considered and passed Senate, amended. Oct. 17, House concurred in Senate amendments.

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text:
Page:United States Statutes at Large Volume 100 Part 4.djvu/1132

 100 STAT. 3478

PUBLIC LAW 99-611—NOV. 6, 1986

Public Law 99-611 99th Congress

0. t ^f« v, ^^.L,.; " «:vrv Joint Resolution

Nov. 6, 1986 [H.J. Res. 594]

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To designate the week beginning May 3, 1987 as "National Correctional Officers Week".

Whereas American correctional officers who work in our jails and prisons are currently responsible for the containment and control of over six hundred thousand prisoners; Whereas correctional officers must protect inmates from violence while encouraging them to develop skills and attitudes that can .^,, „. help them become productive members of society following their ''^; release; Whereas the morale of correctional officers is affected by many factors, and the public perception of the role of correctional officers is more often based upon dramatization rather than factual review; Whereas good job performance requires correctional officers to absorb the adverse attitudes present in confinement while maintaining themselves as professionals in order to have their actions appreciated and accepted by the public at large; Whereeis correctional officers had been similarly honored by many States and localities in 1984 and 1985; Whereas correctional officers had been similarly honored by a joint resolution of the Senate and House of Representatives of the United States in Congress assembled in 1984 and 1985; and Whereas the attitude and morale of correctional officers is a matter worthy of serious congressional attention: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled. That the week beginning May 3, 1987 hereby is designated "National Correctional Officers Week" and the President of the United States is authorized and requested to issue a proclamation calling upon the people of the United States to observe such week with appropriate ceremonies and activities. Approved November 6, 1986.

LEGISLATIVE HISTORY—H.J. Res. 594: CONGRESSIONAL RECORD, Vol. 132 (1986): Oct. 10, considered and passed House. Oct. 18, considered and passed Senate.

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Page:United States Statutes at Large Volume 100 Part 4.djvu/1133

 PUBLIC LAW 99-612—NOV. 6, 1986 Public Law 99-612 99th Congress

100 STAT. 3479 -

Joint Resolution '-

Calling for recognition of United Way's one hundredth anniversary.

Whereas voluntarism, the fundamental fiber which has made America the most giving nation in the world, is becoming even more vital, and is being strongly encouraged and endorsed by the administration and this Congress; Whereas America's United Way, our country's premiere organized voluntarism entity is celebrating the end of its first century of service to America, and is looking forward to its second century; Whereas there are more than two thousand two hundred United Way organizations across America helping communities meet critical health and human care needs through an ingenious system of local charitable groups; Whereas these United Way organizations involve tens of thousands of caring and concerned volunteers from ail walks of life in a catal)^ic process of solving community problems; Whereas these organizations are responsible for garnering voluntary contributions to support more than thirty-seven thousand charities providing services and programs to aid tens of millions of people throughout our country; and Whereas to help meet this Nation's urgent health and human care needs United Way will launch a Second Century Initiative, with the goal of doubling its volunteers and financial resources by 1991: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the Congress of the United States hereby expresses its gratitude and that of the American people for the outstanding contribution made by the America's United Way over the last century; congratulates the America's United Way on the event of its one hundredth anniversary; applauds and encourages America's United Way to continue its fine work and achieve its goal of doubling its effective resources by 1991. Approved November 6, 1986.

LEGISLATIVE HISTORY—H.J. Res. 684 (S.J. Res. 430): CONGRESSIONAL RECORD, Vol. 132 (1986): Sept. 18, considered and passed House. Oct. 16, considered and passed Senate.

Nov. 6, 1986 [H.J. Res. 684]

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Page:United States Statutes at Large Volume 100 Part 4.djvu/1134

 100 STAT. 3480

PUBLIC LAW 99-613—NOV. 6, 1986

Public Law 99-613 99th Congress Joint Resolution Nov. 6, 1986 [H.J. Res. 755]

Providing for the convening of the first session of the One hundredth Congress.

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the first regular session of the One hundredth Congress shall begin at 12 o'clock meridian on Tuesday, January 6, 1987. i! Approved November 6, 1986.

LEGISLATIVE HISTORY—H.J. Res. 755: CONGRESSIONAL RECORD, Vol. 132 (1986): Oct. 17, considered and passed House. Oct. 18, considered and passed Senate.

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Page:United States Statutes at Large Volume 100 Part 4.djvu/1135

 PUBLIC LAW 99-614—NOV. 6, 1986

100 STAT. 3481

Public Law 99-614 99th Congress An Act To confirm a conveyance of certain real property by the Southern Pacific Transportation Company to Ernest Pritchett and his wife, Dianna Pritchett, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, subject to section 3, the conveyance described in section 2(a) of this Act involving certain real property in Jackson County, Oregon, forming a part of the right-of-way granted by the United States to the California and Oregon Railroad Company under the Act entitled "An Act granting lands to aid in the construction of a railroad and telegraph line from the Central Pacific Railroad, in California, to Portland, in Oregon", approved July 25, 1866 (14 Stat. 239), is confirmed in Ernest Pritchett and his wife, Dianna Pritchett, the grantees in such conveyance, and their successors in interest, with respect to all interests of the United States in the rights to the real property described in section 2(b) of this Act. SEC. 2. (a) The conveyance confirmed by this Act was made by a deed dated July 23, 1982, by the Southern Pacific Transportation Company to Ernest Pritchett and his wife, Dianna Pritchett, and recorded on October 20, 1982, in the official records of Jackson County, Document Numbered 82-15174. (b) The real property referred to in the first section of this Act is a parcel of land in the northwest quarter of section 26, township 36 south, range 4 west, Willamette meridian, county of Jackson, State of Oregon, more particularly described as follows: Commencing at the west quarter corner of such section 26; thence south 89 degrees 46 minutes 45 seconds east along the southerly line of such northwest quarter of section 26 a distance of 1082.50 feet to a point in a line parallel with and distant 100 feet northeasterly, measured at right angles, from the original located center line of Southern Pacific Transportation Company's main track (Siskiyou branch), and also the true point of beginning of the parcel to be described;

thence north 65 degrees 2 minutes 35 seconds west along such parallel line 1191.92 feet to the westerly line of such section 26; thence south zero degrees 12 minutes 52 seconds west along such westerly line 55.05 feet to a point in a line parallel with and distant 50 feet northeasterly, measured at right angles, from such center line; thence south 65 degrees 2 minutes 35 seconds east along last such parallel line, as last such parallel line being also the northeasterly line of that certain parcel of land described in deed dated June 23, 1883, from Frederick G. Birdsey to Oregon and California Railroad Company, recorded July 28, 1883, in deed book 10, page 463, records of such county, a distance of 1060.35 feet to such southerly line;

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text:
Page:United States Statutes at Large Volume 100 Part 4.djvu/1136

 100 STAT. 3482

Minerals and mining.

PUBLIC LAW 99-614—NOV. 6, 1986

thence south 89 degrees 46 minutes 45 seconds east along such southerly line 119.49 feet to the true point of beginning, containing an area of 1.293 acres, more or less. SEC. 3. (a) Nothing in this Act shall— (1) diminish the right-of-way referred to in the first section of this Act to a width of less than 50 feet on each side of the center of the main track or tracks established and maintained by the Southern Pacific Transportation Company on the date of enactment of this Act; or (2) validate or confirm any right or title to, or interest in, the land referred to in the first section of this Act arising out of adverse possession, prescription, or abandonment, and not confirmed by conveyance by the Southern Pacific Transportation Company before the date of enactment of this Act. Qo) There is reserved to the United States all oil, coal, or other minerals in the land referred to in the first section of this Act, together with the right to prospect for, mine, and remove such oil, coal, or other minerals under such rules and regulations as the Secretary of the Interior may prescribe. FINDINGS

SEC. 4. The Congress finds that— (1) the Southern Pacific Transportation Company is the successor grantee of the real property described in section 6; (2) pursuant to a petition of the Southern Pacific Transportation Company, the Interstate Commerce Commission has exempted the abandonment of the real property described in section 6 from the provisions of 49 U.S.C. 10903 (relating to abandonment and discontinuance of railroad lines and rail transportation); (3) the Southern Pacific Transportation Company has abandoned all right, title, and interest in and to the real property described in section 6. DECLARATION OF ABANDONMENT

SEC. 5. For the purposes of the Act entitled "An Act to provide for the disposition of abandoned portions of rights of way granted to railroad companies", approved March 8, 1922 (43 U.S.C. 912), the Congress hereby declares that the Southern Pacific Transportation Company has abandoned the real property described in section 6. LAND DESCRIPTION

California.

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SEC. 6. The real property referred to in sections 4 and 5 is certain real property situated in the City of Coalinga, California, which forms part of the right-of-way granted by the United States to the Atlantic and Pacific Railroad Company by the Act entitled "An Act granting Lands to aid in the Construction of a Railroad and Telegraph Line from the States of Missouri and Arkansas to the Pacific Coast", approved July 27, 1866 (16 Stat. 292), and more particularly described as that portion of the right-of-way extending from the section line of sections 33 and 34 of township 20 south, range 15 east.

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text:
Page:United States Statutes at Large Volume 100 Part 4.djvu/1137

 PUBLIC LAW 99-614—NOV. 6, 1986

100 STAT. 3483

Mount Diablo Base & Meridian to the south city limits of the City of Coalinga. Approved November 6, 1986.

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LEGISLATIVE HISTORY—S. 386: CONGRESSIONAL RECORD, Vol. 132 (1986): Feb. 4, considered and passed Senate. Oct. 15, considered and passed House, amended. Oct. 18, Senate concurred in House amendments.

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Page:United States Statutes at Large Volume 100 Part 4.djvu/1138

 100 STAT. 3484

PUBLIC LAW 99-615—NOV. 6, 1986

Public Law 99-615 99th Congress

. a. Ml ^ An Act

Nov. 6, 1986 [S. 511]

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To change the name of the Loxahatchee National Wildlife Refuge, Florida, to the Arthur R. Marshall Loxahatchee National Wildlife Refuge.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Loxahatchee National Wildlife Refuge, in the State of Florida, shall hereafter be known and designated as the "Arthur R. Marshall Loxahatchee National Wildlife Refuge". Any reference in any law, regulation, map, document, record, or other paper of the United States to such wildlife refuge, shall be held and considered to be a reference to the "Arthur R. Marshall Loxahatchee National Wildlife Refuge". Approved November 6, 1986.

LEGISLATIVE HISTORY—S. 511 (H.R. 1438): HOUSE REPORTS: No. 99-535 (Comm. on Merchant Marine and Fisheries). CONGRESSIONAL RECORD, Vol. 132 (1986): Apr. 29, H.R. 1438 considered and passed House. Oct. 9, considered and passed Senate. Oct. 16, considered and passed House.

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Page:United States Statutes at Large Volume 100 Part 4.djvu/1139

 PUBLIC LAW 99-616—NOV. 6, 1986

100 STAT. 3485

Public Law 99-616 99th Congress An Act

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To amend the patent laws implementing the Patent Cooperation Treaty.

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Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That this Act may 35 USC 351 note. be cited as the "Act to authorize the United States to participate in chapter II of the Patent Cooperation Treaty". 28 UST 7645. SEC. 2. (a) Section 351(a) of title 35, United States Code, is amended by striking out ", excluding chapter II thereof". (b) Section 351(b) of title 35, United States Code, is amended by striking out "excluding part C thereof". (c) Section 351(g) of title 35, United States Code, is amended by— (1) striking out "term" and inserting in lieu thereof "terms"; (2) inserting "and 'International Preliminary Examining Authority' " after "Authority"; and (3) striking out "means" and inserting in lieu thereof "mean". (d) Section 361(d) of title 35, United States Code, is amended to read as follows: "(d) The international fee, and the transmittal and search fees prescribed under section 376(a) of this part, shall either be paid on filing of an international application or within such later time as may be fixed by the Commissioner.". SEC. 3. The item relating to section 362 in the analysis for chapter 36 of title 35, United States Code, is amended to read as follows: "362. International Searching Authority and International Preliminary Examining Authority.".

SEC. 4. Section 362 of title 35, United States Code, is amended to read as follows: "§362. International Searching Authority and International Preliminary Examining Authority "(a) The Patent and Trademark Office may act as an International Searching Authority and International Preliminary Examining Authority with respect to international applications in accordance with the terms and conditions of an agreement which may be concluded with the International Bureau, and may discharge all duties required of such Authorities, including the collection of handling fees and their transmittal to the International Bureau. "(b) The handling fee, preliminary examination fee, and any additional fees due for international preliminary examination shall be paid within such time as may be fixed by the Commissioner.". SEC. 5. Section 364(a) of title 35, United States Code, is amended by(a) striking out "or', first occurrence and inserting in lieu thereof","; (b) inserting "International Preliminary Examining Authority" after "Authority, or"; and

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Page:United States Statutes at Large Volume 100 Part 4.djvu/1140

 100 STAT. 3486

PUBLIC LAW 99-616—NOV. 6, 1986

(c) striking out "both". ' ' r ^? SEC. 6. Section 368(c) of title 35, United States Code, is amended by(a) striking out the second occurrence of "or" and inserting in "1 '^j'; _ lieu thereof",", and ic (b) striking out "both" and inserting in lieu thereof "International Preliminary Examining Authority". ..:'.• r.j:, • SEC. 7. (a) Section 371(a) of title 35, United States Code, is amended to read as follows: '.' "(a) Receipt from the International Bureau of copies of international applications with any amendments to the claims, international search reports, and international preliminary examination reports including any annexes thereto may be required in the case of international applications designating or electing the United States." (b) Section 371(b) of title 35, United States Code, is amended to read as follows: "(b) Subject to subsection (f) of this section, the national stage shall commence with the expiration of the applicable time limit under article 22 (1) or (2), or under article 39(l)(a) of the treaty ". (c) Section 371(c)(4j of title 35, United States Code, is amended by striking the "." and inserting in lieu thereof ";". (d) Section 371(c) of title 35, United States Code, is amended by adding at the end thereof the following new paragraph (5): "(5) a translation into the English language of any annexes to the international preliminary examination report, if such annexes were made in another language,". (e) Section 371(d) of title 35, United States Code, is amended by adding at the end thereof the following sentence: "The requirement of subsection (c)(5) shall be complied with at such time as may be fixed by the Commissioner and failure to do so shall be regarded as cancellation of the amendments made under article 34(2)(b) of the treaty " (f) Section 371(e) of title 35, United States Code, is amended by inserting "or article 41" after "28" SEC. 8. (a) Section 376(a) of title 35, United States Code, is amended by— (1) inserting "and the handling fee" after the first occurrence of "fee"; (2) striking "amount is" and inserting in lieu thereof "amounts are", (3) redesignating paragraph (5) as paragraph (6); and vfiii ^^^ inserting the following new paragraph (5): ^' "(5) A preliminary examination fee and any additional fees (see section 362(b))." (b) Section 376(b) of title 35, United States Code, is amended by— (1) inserting "and the handling fee" after the first occurrence of "fee" in the first sentence; and (2) inserting "the preliminary examination fee and any additional fees," after "fee," in the third sentence. ,,,,,

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text:
Page:United States Statutes at Large Volume 100 Part 4.djvu/1141

 PUBLIC LAW 99-616—NOV. 6, 1986

100 STAT. 3487

SEC. 9. Sections 2 through 8 of this Act shall come into force on the Effective date. same day as the effective date of entry into force of chapter II of the 35 USC 351 note. Patent Cooperation Treaty with respect to the United States, by 28 UST 7645. virtue of the withdrawal of the declaration under article 64(l)(a) of the Patent Cooperation Treaty. It shall apply to all international applications pending before or after its effective date. , j^* Approved November 6, 1986.
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LEGISLATIVE HISTORY—S. 1230: SENATE REPORTS: No. 99-275 (Comm. on the Judiciary). CONGRESSIONAL RECORD, Vol. 132 (1986): Oct. 16, considered and passed Senate. Oct. 17, considered and passed House.

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Page:United States Statutes at Large Volume 100 Part 4.djvu/1142

 100 STAT. 3488

PUBLIC LAW 99-617—NOV. 6, 1986

Public Law 99-617 99th Congress

• An Act

Nov 6 1986 p" -.qiri [b. idllj

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To authorize the Board of Regents of the Smithsonian Institution to construct the Charles McC. Mathias, Jr. Laboratory for Environmental Research in Edgewater, Maryland, and to designate the United States Courthouse and Customhouse in Louisville, Kentucky, as the "Gene Snyder United States Courthouse and Customhouse".

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, 20 USC 50 note.

Effective date.

SECTION 1. CONSTRUCTION OF CHARLES McC. MATHIAS, JR. LABORATORY FOR ENVIRONMENTAL RESEARCH. (a) CONSTRUCTION AUTHORIZATION.—The Board of Regents of the

Smithsonian Institution is authorized to construct the Charles McC. Mathias, Jr. Laboratory for Environmental Research. (b) LOCATION.—The Charles McC. Mathias, Jr. Laboratory for Environmental Research shall be located at the Smithsonian Environmental Research Center, a bureau of the Smithsonian Institution, located at Edgewater, Maryland. (c) AUTHORIZATION OF APPROPRIATIONS.—Effective October 1, 1986, there is authorized to be appropriated to the Board of Regents of the Smithsonian Institution $1,000,000 to carry out the purposes of this section. (d) TRANSFER OF FUNDS.—Any portion of the sums appropriated to carry out the purposes of this section may be transferred to the General Services Administration which, in consultation with the Smithsonian Institution, is authorized to enter into contracts and take such other action, to the extent of the sums so transferred to it, as may be necessary to carry out such purposes. SEC. 2. NAMING OF GENE SNYDER UNITED STATES COURTHOUSE AND CUSTOMHOUSE. (a) DESIGNATION OF BUILDING.—The United States Courthouse and

Customhouse at 601 West Broadway, Louisville, Kentucky, shall be known and designated as the "Gene Snyder United States Courthouse and Customhouse".

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Page:United States Statutes at Large Volume 100 Part 4.djvu/1143

 PUBLIC LAW 99-617—NOV. 6, 1986

100 STAT. 3489

(b) LEGAL REFERENCES.—Each reference in a law, map, regulation, document, record, or other paper of the United States to such building shall be deemed to be a reference to the "Gene Snyder United States Courthouse and Customhouse". (c) EFFECTIVE DATE.—Subsections (a) and (b) of this section shall take effect on January 4, 1987. Approved November 6, 1986.

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LEGISLATIVE HISTORY—S. 1311: SENATE REPORTS: No. 99-414 (Comm. on Rules and Administration). CONGRESSIONAL RECORD, Vol. 132 (1986): Sept. 15, considered and passed Senate. Oct. 16, considered and passed House, amended. Oct. 18, Senate concurred in House amendments.

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Page:United States Statutes at Large Volume 100 Part 4.djvu/1144

 100 STAT. 3490

PUBLIC LAW 99-618—NOV. 6, 1986

Public Law 99-618 99th Congress Nov. 6, 1986 [S. 2852]

49 USC 1115 app.

Regulations.

Real property.

An Act To authorize the Secretary of Transportation to release restrictions on the use of certain property conveyed to the Peninsula Airport Commission, Virginia, for airport purposes. • v.
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Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) notwithstanding section 16 of the Federal Airport Act (as in effect on May 14, 1947), the Secretary of Transportation is authorized, subject to section 4 of the Act of October 1, 1949 (50 U.S.C. App. 1622c) and subsection (b) of this section, to grant releases from any of the terms, conditions, reservations, and restrictions contained in the deed of conveyance dated May 14, 1947, under which the United States conveyed certain property in Newport News, and York County, Virginia, to the Peninsula Airport Commission for airport purposes. (b) Any release granted by the Secretary of Transportation under subsection (a) of this section shall be subject to the following conditions— (1) The Peninsula Airport Commission shall agree that in leasing or conveying any interest in the property which the United States conveyed to such Commission by the deed described in subsection (a), the (Commission will receive an amount for such interest which is equal to the fair lease value or the fair market value, as the case may be (as determined pursuant to regulations issued by the Secretary). (2) Any amount so received by the Peninsula Airport Commission shall be used by the Commission for the development, improvement, operation, or maintenance of a public airport. (3) Any release granted by the Secretary of Transportation under subsection (a) of this section may not apply to more than 7.5 acres of real property. (4) The Peninsula Airport (Commission may not lease or convey any interest in any of the property which the United States conveyed to such Commission by the deed described in subsection (a), to any person or business concern other than the City of Newport News, Virginia. Approved November 6, 1986.

LEGISLATIVE HISTORY—S. 2852 (H.R. 5379): CONGRESSIONAL RECORD, Vol. 132 (1986): Sept. 24, H.R. 5379 considered and passed House. Oct. 9, S. 2852 considered and passed Senate. Oct. 17, considered and passed House.

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Page:United States Statutes at Large Volume 100 Part 4.djvu/1145

 PUBLIC LAW 99-619—NOV. 6, 1986

100 STAT. 3491

Public Law 99-619 99th Congress An Act To provide for a Deputy Secretary of Labor, an Assistant Secretary of Labor for Administration and Management, three additional Assistant Secretaries of Labor, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. This Act may be cited as the "Department of Labor Executive Level Conforming Amendments of 1986". SEC. 2. (a)(1) Section 1 of the Act of April 17, 1946 (60 Stat. 91; 29 U.S.C. 552), as amended, is amended by striking out "Under" wherever it appears in such section and inserting in lieu thereof "Deputy". (2) Section 5313 of title 5, United States Code, is amended by inserting at the end thereof: "Deputy Secretary of Labor.". (3) Section 5314 of title 5, United States Code, is amended by striking: "Under Secretary of Labor.". (4) Any reference to the Under Secretary of Labor in any law, rule, regulation, certificate, directive, or other document in force on the date of enactment of this Act shall be deemed to refer and apply to the Deputy Secretary of Labor. (b)(1) Section 2 of the Act of April 17, 1946 (60 Stat. 91; 29 U.S.C. 553), as amended, is amended by striking out "five" in the first sentence of such section and inserting in lieu thereof "nine". (2) Section 5315 of title 5, United States Code, is amended by striking: "Assistant Secretaries of Labor (5)." and substituting therefor: "Assistant Secretaries of Labor (10), one of whom shall be the Assistant Secretary of Labor for Veterans' Employment and Training.". (3) Any reference in any law, regulation, certificate, directive, or other document to the Assistant Secretary of Labor for Veterans' Employment in force on the date of enactment of this Act shall be deemed to be a reference to the Assistant Secretary of Labor for Veterans' Employment and Training. (c)(1) Section 3 of Reorganization Plan No. 6 of 1950 is repealed. (2) Section 5316 of title 5, United States Code, is amended by striking: "Assistant Secretary of Labor for Administration.". (d) Section 5316 of title 5, United States Code, is amended by striking: "Assistant Secretary of Labor for Veterans' Employment.". (e) Subsection (c) of this section shall become effective on the day upon which the individual who is the incumbent of the position abolished by such subsection, as of the date of enactment, ceases to hold the position.

Nov. 6, 1986 .[S. 2864]

Department of Labor Executive Level Conforming Amendments of 1986. 29 USC 551 note.

29 USC 552 note.

29 USC 553 note.

5 USC app.

5 USC 5316 note.

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Page:United States Statutes at Large Volume 100 Part 4.djvu/1146

 100 STAT. 3492

PUBLIC LAW 99-619—NOV. 6, 1986

President of U.S. (f)(1) The incumbent in the position of Under Secretary of Labor 29 USC 552 note, on the date of enactment of this Act may serve as Deputy Secretary of Labor at the pleasure of the President after such date and the amendments made by subsection (a)(2) shall apply to such incumbent. 29 USC 553 note. (2) The incumbent in the position of Assistant Secretary of Labor for Veterans' Employment on the date of enactment of this Act may serve as Assistant Secretary of Labor for Veterans' Employment and Training at the pleasure of the President after such date and the amendments made by subsection (b)(2) shall apply to such incumbent. A

Approved November 6, 1986.

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LEGISLATIVE HISTORY—S. 2864: SENATE REPORTS: No. 99-484 (Comm. on Labor and Human Resources). CONGRESSIONAL RECORD, Vol. 132 (1986): Oct. 10, considered and passed Senate. Oct. 16, considered and passed House.

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Page:United States Statutes at Large Volume 100 Part 4.djvu/1147

 PUBLIC LAW 99-620—NOV. 6, 1986 Public Law 99-620 99th Congress

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100 STAT. 3493 '

^ Joint Resolution

Authorizing establishment of a memorial to honor the American Armored Force.

Nov. 6, 1986 [S.J. Res. 43]

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. ESTABLISHMENT OF MEMORIAL.

40 USC 1003

(a) IN GENERAL.—Subject to subsection (c), the organizations District of specified in subsection (b) are authorized jointly to establish a Columbia. memorial on Federal land in the District of Columbia or its environs to honor members of the American Armored Force who have served in armored units. The memorial shall commemorate the exceptional professionalism of the members of the American Armored Force and their efforts to maintain peace worldwide. (b) ORGANIZATIONS.—The organizations referred to in subsection (a) are: the Armored Force Monument Committee, the United States Armor Association, the United States Field Artillery Association, the World Wars Tank Corps Association, the Veterans of the Battle of the Bulge, the 11th Armored Cavalry Regiment Association, the Tank Destroyer Association, the 1st, 2d, 3d, 4th, 5th, 6th, 7th, 8th, 9th, 10th, 11th, 12th, 13th, 14th, and 16th Armored Division Associations, the Council of Armored Division Associations, and the National Association of Uniformed Services. (c) STANDARDS.—The memorial shall be established in accordance with the standards set forth in H.R. 4378, as passed by the Senate Ante, p. 3650. with amendments on September 10, 1986, and further amended by the House of Representatives on September 29, 1986, except that section 6(b)(l) of H.R. 4378 shall not apply to the memorial. SEC. 2. PAYMENT OF EXPENSES.

The United States shall not pay any expense of establishment of the memorial. Approved November 6, 1986.

LEGISLATIVE HISTORY—S.J. Res. 43: SENATE REPORTS: No. 99-127 (Comm. on Energy and Natural Resources). CONGRESSIONAL RECORD: Vol. 131 (1985): Sept. 20, considered and passed Senate. Vol. 132 (1986): Oct. 16, considered and passed House, amended. Oct. 17, Senate concurred in House amendment.

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Page:United States Statutes at Large Volume 100 Part 4.djvu/1148

 100 STAT. 3494

PUBLIC LAW 99-621—NOV. 6, 1986

Public Law 99-621 99th Congress Joint Resolution Nov. 6, 1986 [S.J. Res. 268]

Providing for reappointment of Murray Gell-Mann as a citizen regent of the Board of Regents of the Smithsonian Institution.

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That, in accordance with section 5581 of the Revised Statutes of the United States (20 U.S.C. 43), the vacancy on the Board of Regents of the Smithsonian Institution, in the cleiss other than Members of Congress, occurring by reason of the expiration of the term of Murray Gell-Mann of California, is filled by reappointment of the incumbent for a term of six years, effective August 30, 1986.

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Approved November 6, 1986.

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LEGISLATIVE HISTORY—S.J. Res. 268: SENATE REPORTS: No. 99-517 (Comm. on Rules and Administration). CONGRESSIONAL RECORD, Vol. 132 (1986): Oct. 3, considered and passed Senate. Oct. 14, considered and passed House, amended. Oct. 18, Senate concurred in House amendment. ','

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Page:United States Statutes at Large Volume 100 Part 4.djvu/1149

 PUBLIC LAW 99-622—NOV. 6, 1986 Public Law 99-622 99th Congress

100 STAT. 3495 • '

Joint Resolution To express the sense of Congress on recognition of the contributions of the seven Challenger astronauts by supporting establishment of a Children's Challenge Center for Space Science.

Whereas the crew of the space shuttle Challenger was dedicated to stimulating the interest of American children in space flight and science generally; Whereas the members of that crew gave their lives trying to benefit the education of American children; Whereas a fitting tribute to that effort and to the sacrifice of the Challenger crew and their families is needed; and ^ Whereas an appropriate form for such tribute would be to expand educational opportunities in science by the creation of a center that will offer children and teachers activities and information derived from American space research: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That it is the sense of Congress that— (1) a Children's Challenge Center for Space Science should be established in conjunction with the Smithsonian Institution as a living memorial to the seven Challenger astronauts who died serving their country and to other individuals who gave their lives in exploration of the space frontier; and (2) the Federal Government should, along with public and private organizations and persons, cooperate in the establish- ' ment of such a Center. Approved November 6, 1986.

LEGISLATIVE HISTORY—S.J. Res. 336: SENATE REPORTS: No. 99-502 (Comm. on Commerce, Science, and Transportation). CONGRESSIONAL RECORD, Vol. 132 (1986): Oct. 1, considered and passed Senate. Oct. 17, considered and passed House, amended. Oct. 18, Senate concurred in House amendment.

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Page:United States Statutes at Large Volume 100 Part 4.djvu/1150

 100 STAT. 3496

PUBLIC LAW 99-623—NOV. 6, 1986

Public Law 99-623 99th Congress

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Joint Resolution Nov. 6, 1986 [S.J. Res. 427]

Reaffirming our friendship and S3mipathy with the people of El Salvador following • the devastating earthquake of October 10, 1986.

Whereas on October 10, 1986, El Salvador suffered a devastating W earthquake resulting in heavy loss of life and injuries to many of its citizens; Whereas the prolonged and extreme hardship of the people of El 1/ Salvador as a result of civil conflict has been deepened by this natural disaster; Whereas the assistance of many governments, as well as international and nongovernmental organizations, for the people of El 7 Salvador has been prompt and generous; Whereas Secretary of State George Shultz will visit El Salvador during this emergency in order to convey the solidarity and friendship which link the peoples of our two nations: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the Government of the United States, on behalf of the citizens of the United States, extends to the people and Government of El Salvador our most profound sympathies in this time of tragedy. SEC. 2. The President should provide all appropriate relief and rehabilitation assistance to help prevent further loss of life, alleviate suffering, and safeguard the public health in El Salvador. SEC. 3. The United States, in consultation with the Government of El Salvador, is prepared to cooperate with El Salvador in long-term efforts to recover from the effects of the earthquake. „. Approved November 6, 1986.

LEGISLATIVE HISTORY—S.J. Res. 427: CONGRESSIONAL RECORD, Vol. 132 (1986): Oct. 15, considered and passed Senate. Oct. 16, considered and passed House.

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Page:United States Statutes at Large Volume 100 Part 4.djvu/1151

 PUBLIC LAW 99-624—NOV. 7, 1986

100 STAT. 3497

Public Law 99-624 99th Congress An Act To establish a commission for the purpose of encouraging and providing for the commemoration of the centennial of the birth of President Dwight David Eisenhower.

Nov. 7, 1986 [H.R. 4302]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. FINDINGS.

The Congress finds that as the Nation approaches October 14, 1990, marking the 100th anniversary of the birth of Dwight David Eisenhower, it is appropriate to establish a national commission to contribute to the commemoration of that anniversary. SEC. 2. ESTABLISHMENT.

There is established the Dwight David Eisenhower Centennial Commission (hereinafter in this Act referred to as the "Commission"). SEC. 3. DUTIES.

The Commission shall— (1) in cooperation with the Eisenhower World Affairs Institute in the District of Columbia, the Eisenhower Foundation in Abilene, Kansas, and such other public or private entities as the Commission considers appropriate, encourage, plan, develop, and coordinate observances and activities commemorating the centennial of the birth of Dwight David Eisenhower; and (2) submit recommendations to Congress relating to a joint meeting of both Houses of Congress to commemorate that centennial. SEC. 4. MEMBERSHIP.

(a) NUMBER AND APPOINTMENT.—The Commission shall be composed of— (1) the President pro tempore of the Senate; (2) the Speaker of the House of Representatives; (3) 6 members of the Senate appointed by the President pro tempore of the Senate (of whom 3 shall be upon recommendation of the majority leader of the Senate and 3 shall be upon recommendation of the minority leader of the Senate); (4) 6 members of the House of Representatives appointed by the Speaker of the House of Representatives (of whom 3 shall be upon recommendation of the majority leader of the House of Representatives and 3 shall be upon recommendation of the minority leader of the House of Representatives); (5) 6 members appointed by the President; and (6) the Archivist of the United States or his delegate. A vacancy in the Commission shall be filled in the manner in which the original appointment was made.

District of ^°^J^J!?1?^^' Kansas.

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Page:United States Statutes at Large Volume 100 Part 4.djvu/1152

 100 STAT. 3498

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PUBLIC LAW 99-624—NOV. 7, 1986

(b) TERMS.—(1) Except as provided in paragraph (2), members of the Commission shall be appointed for the life of the Commission. (2) If any member of the Commission who WEIS appointed as a Member of Congress or an officer in the executive branch ceases to be such a Member or officer, that individual may continue as a member of the Commission for not longer than the 30-day period beginning on the date such individual ceases to be such a Member or officer. (c) PAY; EXPENSES.—(1) Members of the Commission shall serve without pay. (2) Subject to the availability of appropriations, while away from their homes or regular places of business in the performance of services for the Commission, members shall be allowed travel expenses, including a per diem allowance in lieu of subsistence, in the same manner as persons serving intermittently in Government service are allowed travel expenses under section 5703 of title 5, United States Code. (d) QUORUM.—Eleven members of the Commission shall constitute a quorum. (e) CHAIR AND VICE CHAIR.—Members of the Commission shall

select a chair and a vice chair from among its members. (f) MEETINGS.—(1) Except as provided in paragraph (2), the Commission shall meet a t the call of the chair or a majority of its members. (2) The first meeting of the Commission shall be called by the Speaker of the House of Representatives and the President pro tempore of the Senate within 6 months after the date of the enactment of this Act. SEC. 5.P O W E R S.

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(a) EXECUTIVE DIRECTOR AND STAFF.—(1) The Commission may accept the services of an executive director and staff personnel only as provided in subsection QoXD(2) Any individual providing services under paragraph (1) may be afforded travel expenses (including a per diem allowance in lieu of subsistence) subject to the same terms and conditions as apply under section 4(c)(2). (b) DONATIONS.—(1) The Commission may accept, use, and dispose of gifts or donations of money, property, or personal services. (2)(A) Any books, manuscripts, miscellaneous printed matter, memorabilia, relics, or other materials donated to the Commission which relate to the life of Dwight David Eisenhower— (i) may be deposited for preservation in the Dwight D. Eisenhower Library in Abilene, Kansas; or (ii) subject to subparagraph (B), may otherwise be disposed of by the Commission in consultation with the Librarian of Congress and the Secretary of the Smithsonian Institution. (B) Materials may not be disposed of under subparagraph (A)(ii) without the consent of the Dwight D. Eisenhower Library. (c) POWERS OF MEMBERS AND AGENTS.—Any member or agent of the Commission may, if so authorized by the Commission, take any action which the Commission is authorized to take under this Act. (d) MAII^.—The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States.

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Page:United States Statutes at Large Volume 100 Part 4.djvu/1153

 PUBLIC LAW 99-624—NOV. 7, 1986

•

100 STAT. 3499

SEC. 6. REPORTS.

(a) INTERIM REPORTS.—The Commission shall transmit interim reports to the President and each House of Congress no later than December 31 of each year. Each such report shall include a description of the activities of the Commission during the year covered by the report, an accounting of any funds received or expended by the Commission during such year, and recommendations for any legislation or administrative action which the Commission considers appropriate. (b) FINAL REPORT.—The Commission shall transmit a final report to the President and each House of Congress no later than December 31, 1990. Such report shall include an accounting of any funds received or expended, and the disposition of any other properties, not previously reported.

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SEC. 7. TERMINATION.

(a) DATE.—The Commission shall terminate on such date as the Commission may determine, but not later than December 31, 1990. OD) DISPOSITION OF FUNDS AND PROPERTY.—(1) Any funds held by ', « the Commission on the date the Commission terminates shall be deposited in the general fund of the Treeisury. (2) Any property, other than funds, held by the Commission on the Gifts and date the Commission terminates shall be transferred to any depart- property. ment or agency of the United States authorized to accept donations of property, subject to the provisions of section 503)(2) (if and to the extent that such provisions apply to the property involved). SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

There is authorized to be appropriated $50,000 for fiscal year 1987 to carry out this Act. Any amount so appropriated shall remain available until expended. Approved November 7, 1986.

LEGISLATIVE HISTORY—H.R. 4302: HOUSE REPORTS: No. 99-842 (Comm. on Post Office and Civil Service). CONGRESSIONAL RECORD, Vol. 132 (1986): Sept. 23, considered and passed House. Oct. 18, considered and passed Senate. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 22 (1986): Nov. 7, Presidential statement.

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Page:United States Statutes at Large Volume 100 Part 4.djvu/1154

 '^f 100 STAT. 3500

PUBLIC LAW 99-625—NOV. 7, 1986

Public Law 99-625 99th Congress An Act Nov. 7, 1986 [H.R. 4531]
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Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, 16 USC 1536

16 USC 1536.

California. (., _. X T;.

SECTION 1. TRANSLOCATION OF CALIFORNIA SEA OTTERS.

(a) DEFINITIONS.—For purposes of this section— (1) The term "Act" means the Endangered Species Act of 1973 (16 U.S.C.1531etseq.). (2) The term "agency action" has the meaning given that term in section 7(a)(2) of the Act. (3) The term "experimental population" means the population of sea otters provided for under a plan developed under subsection (b). (4) The phrase "parent population" means the population of sea otters existing in California on the date on which proposed regulations setting forth a proposed plan under subsection (b) are issued. (5) The phrase "prospective action" refers to any prospective agency action that— (A) may affect either the experimental population or the parent population; and (B) has evolved to the point where meaningful consultation under section 7(a)(2) or (3) of the Act can take place. (6) The term "Secretary" means the Secretary of the Interior. (7) The term "Service" means the United States Fish and Wildlife Service. (b) PLAN SPECIFICATIONS.—The Secretary may develop and imple-

ment, in accordance with this section, a plan for the relocation and management of a population of California sea otters from the existing range of the parent population to another location. The plan, which must be developed by regulation and administered by the Service in cooperation with the appropriate State agency, shall include the following: (1) The number, age, and sex of sea otters proposed to be relocated. (2) The manner in which the sea otters will be captured, translocated, released, monitored, and protected. (3) The specification of a zone (hereinafter referred to as the "translocation zone") to which the experimental population will be relocated. The zone must have appropriate characteristics for furthering the conservation of the species. (4) The specification of a zone (hereinafter referred to as the "management zone") that— (A) surrounds the translocation zone; and (B) does not include the existing range of the parent population or adjacent range where expansion is necessary for the recovery of the species.

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