text:
Page:United States Statutes at Large Volume 96 Part 2.djvu/581

 PUBLIC LAW 97-384—DEC. 22, 1982

96 STAT. 1943

1976 (Public Law 94-588) to be an adequate consideration of the suitability of such lands for inclusion in the National Wilderness Preservation System and the Department of Agriculture shall not be required to review the wilderness option prior to the revision of the initial plans and in no case prior to the date established by law for completion of the initial planning cycle; (3) areas in the State of Indiana reviewed in such final environmental statement and not designated as wilderness by this Act shall be managed for multiple use pursuant to section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974 as amended by the National Forest Management Act of 1976; and (4) unless expressly authorized by Congress the Department of Agriculture shall not conduct any further statewide roadless area review and evaluation of national forest system lands in the State of Indiana for the purpose of determining their suitability for inclusion in the National Wilderness Preservation System. SEC. 5. As soon as practicable after enactment of this Act, maps and legal descriptions of the Wilderness Area shall be filed with the Committees on Agriculture and Interior and Insular Affairs of the House of Representatives and the Committee on Energy and Natural Resources of the Senate, and such mai» and legal descriptions shall have the same force and effect as if included in this Act: Provided, however. That corrections of clerical and typographical errors in such legal descriptions and maps may be made. Approved December 22, 1982.

LEGISLATIVE HISTORY—S. 2710: HOUSE REPORT No. 97-948 Pt. I (Comm. on Interior and Insular Affairs). SENATE REPORT No. 97-557 (Comm. on Energy and Natural Resources). CONGRESSIONAL RECORD, Vol. 128 (1982): Sept. 29, considered and passed Senate; action vitiated and bill returned to calendar. Oct. 1, considered and passed Senate. Dec. 13, considered and passed House.

16 USC 1600 ^°*®-

leuscieoo ^°^^-

Filing.

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Page:United States Statutes at Large Volume 96 Part 2.djvu/582

 96 STAT. 1944

PUBLIC LAW 97-385—DEC. 23, 1982

Public Law 97-385 97th Congress

"-*'' ^

An Act Dec. 23, 1982 [H.R. 2329]

Conferring jurisdiction on certain courts of the United States to hear and render judgment in connection with certain claims of the Cherokee Nation of Oklahoma.

Be it enacted by the Senate and House of Representatives of the Cherokee Nation United States of America in Congress assembled. That (a) notwithof Oklahoma. standing sections 2401 and 2501 of title 28, United States Code, and Claims against U.S., judgment. section 12 of the Act of August 13, 1946, as amended (the Indian Claims Commission Act, 60 Stat. 1049, 1052; 25 U.S.C. 70k), jurisdiction is hereby conferred upon the United States Court of Claims, or upon the United States District Court for the Eastern District of Oklahoma, to hear, determine, and render judgment, under the jurisdictional provisions of section 2 of the Indian Claims Commission Act of August 13, 1946, as amended (60 Stat. 1049, 1050; 25 U.S.C. 70a), on any claim which the Cherokee Nation of Oklahoma may have against the United States for any and all damages to Cherokee tribal assets related to and arising from construction of the Arkansas River Navigation System, including, but not limited to, the value of sand, gravel, coal, and other resources taken, the value of damsites and powerheads of dams constructed on that part of the Arkansas riverbed within Cherokee domain in Oklahoma, without the authority or consent of said Cherokee Nation; and also on any claim which the Cherokee Nation of Oklahoma may have against the United States resulting from any action under section 14 of the Act of April 26, 1906 (34 Stat. 137, 142), wherem the United States gave away to third parties lands for what are known as station grounds of railroads, said lands being segregated from Cherokee Nation tribal lands without compensation to said Cherokee Nation of Oklahoma therefor; all of said lands or interests therein being held by said Cherokee Nation by virtue of treaties and by patent issued by the United States granting said lands to said Cherokee Nation in fee simple, or otherwise. Choctaw and (b) Notwithstanding sections 2401 and 2501 of title 28, United Chickasaw States Code, and section 12 of the Act approved August 13, 1946 (25 Nations. U.S.C. 70k), the Court of Claims or the United States District Court for the Eastern District of Oklahoma shall have jurisdiction to the

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


text:
Page:United States Statutes at Large Volume 96 Part 2.djvu/583

 PUBLIC LAW 97-385—DEC. 23, 1982 same extent as under subsection (a) of this Act to hear, determine, and render judgment on any claim of the Choctaw Nation and on any claim of the Chickeisaw Nation against the United States for any damages to any tribal assets, lands, or interests of such Nations arising from the actions of the United States described in such subsection. Approved December 23, 1982.

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LEGISLATIVE HISTORY—H.R. 2329: HOUSE REPORT No. 97-453, pt. I (Comm. on the Judiciary). CONGRESSIONAL RECORD, Vol. 128 (1982): Mar. 16, 18, considered and failed of passage in House. July 23, considered and passed House. Dec. 10, considered and passed Senate.

96 STAT. 1945

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Page:United States Statutes at Large Volume 96 Part 2.djvu/584

 96 STAT. 1946

PUBLIC LAW 97-386—DEC. 23, 1982

Public Law 97-386 97th Congress An Act Dec. 23, 1982 [H.R. 4364]

To declare that the United States holds in trust for the Pascua Yaqui Tribe of Arizona certain land in Pima County, Arizona.

Be it enacted by the Senate and House of Representatives of the Tribe orAr'^^o United States of America in Congress assembled. That subject to all Land in trust "^ valid existing rights, all right, title, and interest of the United States in the following described tracts of lands shall be held by the United States in trust for the Pascua Yaqui Tribe of Arizona and shall be a part of the reservation of such tribe: (1) the east half of southeast quarter of section 22; (2) the northeast quarter of northeast quarter, south half of northeast quarter, north half of southeast quarter, south half of northwest quarter, southwest quarter of section 23; (3) the southwest quarter of northwest quarter of section 24; and (4) the southeast quarter of northeast quarter of northwest quarter of section 24. SEC. 2. Nothing in this Act shall deprive any person or entity of any legal existing right-of-way, legal mining claim, legal grazing permit, legal water right, or other legal right or legal interest which such person or entity may have in land described in section 1. SEC. 3. The State of Arizona shall exercise criminal and civil jurisdiction over such lands as if it had assumed jurisdiction pursuant to the Act of August 15, 1953 (67 Stat. 588), as amended by the Act of April 11, 1968 (82 Stat. 79). Approved December 23, 1982.

LEGISLATIVE HISTORY—H.R. 4864: HOUSE REPORT No. 97-347 (Comm. on Interior and Insular Affairs). SENATE REPORT No. 97-657 (Comm. on Indian Affairs). CONGRESSIONAL RECORD: Vol. 127 (1981): Dec. 15, considered and passed House. Vol. 128 (1982): Dec. 3, considered and passed Senate, amended. Dec. 10, House concurred in Senate amendments.

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Page:United States Statutes at Large Volume 96 Part 2.djvu/585

 PUBLIC LAW 97-387—DEC. 23, 1982 Public Law 97-387 97th Congress

-

96 STAT. 1947

'

An Act '

rp j. u tj n A* To amend the Peace Corps Act.

•

Dec. 23, 1982 [o. 2D11J

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) section 6 of the Peace Corps Act is amended by striking out "not to exceed" in the first proviso and by inserting in lieu thereof "not less than". (b) This amendment shall be effective as of December 29, 1981. Approved December 23, 1982.

LEGISLATIVE HISTORY—S. 2611: CONGRESSIONAL RECORD, Vol. 128 (1982): Dec. 16, considered and passed Senate. Dec. 17, considered and passed House.

Peace Corps Act, 22^USC Isos E^f?a^^J^^-

note. Ll UoL 2505

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Page:United States Statutes at Large Volume 96 Part 2.djvu/586

 96 STAT. 1948

PUBLIC LAW 97-388—DEC. 23, 1982

Public Law 97-388 97th Congress An Act Dec. 23, 1982 [S. 3073]

To provide for the distribution within the United States of the United States Information Agency film entitled "Dumas Malone: A Journey With Mr. Jefferson".

Be it enacted by the Senate and House of Representatives of the "Dumas Malone: United States of America in Congress assembled, That (a) notwithMrTe'ffersori^"^ Standing the second sentence of section 501 of the United States distribution of Information and Educational Exchange Act of 1948 (22 U.S.C. film within U.S. 1461)— (1) the Director of the United States Information Agency shall make available to the Administrator of General Services a master copy of the film entitled "Dumas Malone: A Journey with Mr. Jefferson", and (2) the Administrator shall reimburse the Director for any expenses of the Agency in making that master copy available, shall secure any licenses or other rights required for distribution of that film within the United States, shall deposit that film in the National Archives of the United States, and shall make copies of that film available for purchase and public viewing within the United States. (b) Any reimbursement to the Director pursuant to this section shall be credited to the applicable appropriation of the United States Information Agency. Approved December 23, 1982.

LEGISLATIVE HISTORY—S. 3073: . CONGRESSIONAL RECORD, Vol. 128 (1982): Dec. 16, considered and passed Senate. Dec. 17, considered and passed House.

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Page:United States Statutes at Large Volume 96 Part 2.djvu/587

 PUBLIC LAW 97-389—DEC. 29, 1982

96 STAT. 1949

Public Law 97-389 97th Congress An Act To amend the Commercial Fisheries Research and Development Act of 1964.

Dec. 29, 1982 [H.R. 3942]

Be it enacted by the Senate and House of Representatives of the . United States of America in Congress assembled, That this Act may Amendments of be cited as the "Fisheries Amendments of 1982". 1982. TITLE I—COMMERCIAL FISHERIES RESEARCH AND DEVELOPMENT ACT

16 USC 779 note.

SEC. 101. (a) Section 4(a) of the Commercial Fisheries Research and Development Act of 1964 (16 U.S.C. 779b(a)) is amended— (1) by striking the period at the end of paragraph (2) and inserting in lieu thereof ", and"; and (2) by adding at the end thereof the following new paragraph: "(3) $5,000,000 for each of the fiscal years ending September 30, 1984, and September 30, 1985.". (b) Section 4(b) of the Commercial Fisheries Research and Development Act of 1964 (16 U.S.C. 779b(b)) is amended— (1) by striking "and" at the end of paragraph (2); (2) by inserting ", and" at the end of paragraph (3); and (3) by adding at the end thereof the following new paragraph: "(4) $2,500,000 for each of the fiscal years ending September 30, 1984, and September 30, 1985.". (c) Section 4(c) of the Commercial Fisheries Research and Development Act of 1964 (16 U.S.C. 779b(c)) is repealed. TITLE II—MARINE MAMMAL PROTECTION SEC. 201. Section 14 of the North Pacific Fisheries Act of 1954 (16 U.S.C. 1034) is amended to read as follows: "SEC. 14. (a)(1) The Secretary of Commerce is directed to take such actions as are necessary and appropriate to determine the effect of the Japanese salmon drift gillnet fishery on marine mammal populations, and to reduce or eliminate the incidental taking of marine mammals, particularly Dall's porpoise, by this fishery. Such actions shall include, but not be limited to— "(A) the placement of duly authorized observers of the United States onboard Japanese salmon fishing and research vessels while within the Fishery Conservation Zone, for the purpose of making scientific observations and studies relating to the biology of the Dall's porpoise and the incidental taking of marine mammals, seabirds, and king salmon of North American origin; "(B) the collection of a representative sample of biological material and data on all marine mammals incidentally taken in the fishery; and "(C) the adoption of requirements, by permit conditions or agreement, governing the incidental taking of marine mammals by Japanese salmon fishing vessels within the Fishery Conservation Zone, which will insure that new fishing gear or tech•it

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text:
Page:United States Statutes at Large Volume 96 Part 2.djvu/588

 96 STAT. 1950

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dl

General Permit, extension.

Report, availability. Publication in Federal Register.

Publication in Federal Register.

PUBLIC LAW 97-389—DEC. 29, 1982

niques, or both, are implemented in the North Pacific salmon fishery which will reduce porpoise mortality to the greatest extent practicable. "(2) The introduction of new fishing gear or techniques, or both, in the fishery under paragraph (1) of this subsection shall be accomplished no later than is specified in the following timetable: "(A) 25 per centum of the fleet by the commencement of the 1984 season; "(B) 50 per centum of the fleet by the commencement of the 1985 season; "(C) 75 per centum of the fleet by the commencement of the 1986 season; and "(D) 100 per centum of the fleet in order to be eligible for a new permit for the period after June 9, 1987. The Secretary shall have the authority to decide, based upon available fishery research, which types of fishing gear or techniques offer the most practical and effective opportunity for reducing porpoise mortality, and to specify which of these fishing gear or techniques, or both, must be implemented during the time periods specified in subparagraphs (A) through (D) of this paragraph. In addition, the National Marine Fisheries Service may require the implementation of new gear types or fishing techniques, or both, on a faster schedule if the Service determines that faster implementation is technically and economically feasible. "(b) The General Permit issued under the Marine Mammal Protection Act of 1972 (16 U.S.C. 1361 et seq.) to the Federation of Japan Salmon Fisheries Cooperative Association on May 7, 1981 (hereinafter referred to as the 'General Permit'), is extended through June 9, 1987, unless earlier terminated by the Secretary pursuant to applicable law: Provided, That— "(1) all other provisions of the General Permit and applicable law shall remain in effect during that period; "(2) the Secretary shall by January 1 of each year during that period prepare and make available a report covering the results of the annual review required by condition B-2 of the General Permit and a proposed action plan for the forthcoming fishing season setting forth monitoring, research and development, and any other necessary actions to assure compliance with the General Permit, resolve questions about the status and trends of marine mammals affected by the Japanese high seas and landbased salmon gillnet fisheries, and reduce the annual incidental take of marine mammals in the Fishery Conservation Zone, and shall publish a notice of availability of the report in the Federal Register. The Secretary shall, by April 30 of each year during this period, prepare and make available a report covering a final action plan and shall publish a notice of availability of the report in the Federal Register. (3) the Memorandum of Understanding between the Government of the United States of America and the Government of Japan dated June 3, 1981, relating to such incidental taking shall be modified or renegotiated by June 9, 1984, so as to apply to this extended period and to ensure the conduct of necessary monitoring and research and development efforts to implement the action plans described in paragraph (2) of this subsection. "(c) The taking of marine mammals incidental to fishing operations by Japanese salmon fishing vessels within the Fishery Conservation Zone shall be regulated in accordance with the General

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Page:United States Statutes at Large Volume 96 Part 2.djvu/589

 PUBLIC LAW 97-389—DEC. 29, 1982

96 STAT. 1951

Permit, except that the Secretary shall take appropriate steps, including the suspension or modification of the General Permit, if the Secretary determines that the General Permit holder or certificate holders are not adhering to the conditions of the General Permit or to the conditions specified in paragraphs (a)(1)(C) and (a)(2) of this section and publishes such determination and its basis in the Federal Register. "(d) The terms and conditions under which the General Permit is issued may be modified by the Secretary in such manner as the Secretary determines to be consistent with and necessary to carry out the purposes of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1361 et seq.) and this Act. "(e) The Secretary shall ensure that any Memorandum of Understanding between the Government of Japan and the Government of the United States of America shall require no less of a commitment to marine mammal research and seabird research than that required by this section and the Memorandum of Understanding in effect on the date of enactment of the Fisheries Amendments Act of 1982. "(f)(1) In order to assure full implementation of the provisions of this section, the Secretary shall include as a condition of such General Permit and any Memorandum of Understanding that the Government of Japan or the permit holder, shall provide— "(A) appropriate funding each year to carry out fully a joint research program on Ball's porpoise and other marine mammals incidentally taken in the Japanese fishery; and "(B) a full report each year on the activities undertaken by the Government of Japan and the General Permit holder relating to marine mammal research and the progress toward the elimination of the incidental taking of marine mammals in the fishery. "(2) If the Secretary finds that such research cannot be successfully conducted because of a lack of adequate funding by the Government of Japan or the General Permit holder the Secretary shall immediately suspend the General Permit until such time as adequate funding is provided.". SEC. 202. The first sentence of section 201(b)(1) of the Act of October 21, 1972 (16 U.S.C. 1401(b)(1)), is amended to read as follows: "Effective September 1, 1982, the Commission shall be composed of three members who shall be appointed by the President, by and with the advice and consent of the Senate.". TITLE III—NORTH ATLANTIC SALMON TREATY SEC. 301. This title may be cited as the "Atlantic Salmon Convention Act of 1982". SEC. 302. As used in this title, the term— (1) "Act of 1976" means the Act entitled "An Act to provide for the conservation and management of the fisheries, and for other purposes", approved April 13, 1976 (16 U.S.C. 1801 et seq.); (2)' Commission means any of the Commissions of the Organization that are established by the Convention; (3) "Commissioner" means a United States Commissioner appointed under section 403 of this title; (4) "Convention" means the Convention for the Conservation of Salmon in the North Atlantic Ocean, signed at Reykjavik, Iceland, on March 2, 1982;

Ante, p. 1949.

Research program funding. Report.

Permit suspension.

Effective date.

Atlantic Salmon Convention Act of 1982. 16 USC 3601 note. Definitions. 16 USC 3601.

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Page:United States Statutes at Large Volume 96 Part 2.djvu/590

 96 STAT. 1952

Council and Commissions, membership. 16 USC 3602.

Compensation.

5 USC 8101 et seq., 28 USC 2671 et seq.

5 USC app. 16 USC 3603.

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PUBLIC LAW 97-389—DEC. 29, 1982

(5) "Council" means the Council established by the Convention; (6) "fishing" has the same meaning as such term has in section 3(10) of the Act of 1976 (16 U.S.C 1802(10)); (7) "Organization" means the North Atlantic Salmon Conservation Organization established under the Convention; (8) "person" has the same meaning as such term has in section 3(19) of the Act of 1976 (16 U.S.C. 1802(19)); and (9) "salmon" means all species of salmon which migrate in or into the waters of the Atlantic Ocean north of 36 degrees north latitude. SEC. 303. (a) The United States shall be represented on the Council and Commissions by three United States Commissioners to be appointed by the President to serve at his pleasure. Of such Commissioners, one shall be an official of the United States Government, and two shall be individuals (not officials of the United States Government) who are knowledgeable or experienced concerning the conservation and management of salmon of United States origin. Ob) The Secretary of State, in consultation with the Secretary of Commerce and the Secretary of the Interior, may designate alternate United States Commissioners. In the absence of a Commissioner appointed under subsection (a) of this section, an alternate Commissioner may exercise at any meeting of the Organization, the Council, or any Commission all functions of such Commissioner. (c) Individuals who serve as Commissioners and alternate Commissioners shall not receive any compensation for such service. Such individuals shall be considered to be Federal employees while performing such service, except for purposes of injury compensation or tort claims liability as provided in chapter 81 of title 5, United States Code, and chapter 171 of title 28, United States Code. (d) In carrying out their functions under the Convention, the Commissioners may consult with the appropriate Regional Fishery Management Councils established by section 302 of the Act of 1976 (16 U.S.C. 1852), and may consult with such other interested parties as they consider appropriate. The Federal Advisory Committee Act (5 U.S.C. App. 1 et seq.) shall not apply to consultations described in this subsection. SEC. 304. (a) The Secretary of State may— (1) receive, on behalf of the United States, reports, requests, recommendations, proposals, and other communications of the Organization and its subsidiary organs; (2) with the concurrence of the Secretary of Commerce and the Secretary of the Interior, approve, object to, or withdraw objections to regulatory measures proposed in accordance with the Convention; and (3) act upon, or refer to other appropriate authority, any communication referred to in paragraph (1) of this subsection other than a proposed regulatory measure. (b) If the concurrence required under subsection (a)(2) of this section has not been obtained by the Secretary of State— (1) regarding the approval of, or the objection to, a proposed regulatory measure within forty-five days after the measure was received on behalf of the United States; or (2) regarding the withdrawal of an objection of the United States to a proposed regulatory measure within forty-five days after such withdrawal is proposed by the Secretary of State;

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Page:United States Statutes at Large Volume 96 Part 2.djvu/591

 PUBLIC LAW 97-389—DEC. 29, 1982

96 STAT. 1953

the Secretary of State shall submit the matter in disagreement, together with a statement of the opposing positions, to the President for timely disposition. SEC. 305. (a) The Secretary of Commerce, in cooperation with the Secretary of the Interior and the Secretary of the department in which the Coast Guard is operating, shall promulgate such regulations pursuant to section 553 of title 5, United States Code, as may be necessary to carry out the purposes and objectives of the Convention and this title, and to implement regulatory measures that are binding on the United States under the Convention. Any such regulation may be made applicable, as necessary, to all persons and all vessels subject to the jurisdiction of the United States, wherever located. (b) The Secretary of Commerce, in cooperation with the Secretary of the Interior, shall prepare all statements, reports, and notifications required by Articles 14 and 15 of the Convention and submit such documents to the Secretary of State for transmission to the Organization. SEC. 306. (a) In carrying out the provisions of the Convention, the Secretary of Commerce, in consultation with the Secretary of the Interior, may arrange for the cooperation of agencies of the United States and the States, and of private institutions and organizations. (b) Appropriate agencies of the United States may cooperate in the conduct of scientific and other programs, and may furnish facilities and personnel, for the purposes of assisting the Organization in carrying out its duties under the Convention. Such agencies may accept reimbursement from the Organization for providing such services, facilities, and personnel. SEC. 307. (a) It is unlawful for any person, or any vessel, subject to the jurisdiction of the United States— (1) to conduct directed fishing for salmon in waters seaward of twelve miles from the baselines from which the breadths of territorial seas are measured, in waters of the Atlantic Ocean north of 36 degrees north latitude; or (2) to violate any provision of the Convention or this title, or of any regulation promulgated under this title. Ob) Any person who commits any act that is unlawful under subsection (a) of this section shall— (1) be liable to the United States for a civil penalty under section 308 of the Act of 1976 (16 U.S.C. 1858) to the same extent as if such act were an act prohibited under section 307 of the Act of 1976 (16 U.S.C. 1857); and (2) be guilty of an offense under section 309 of the Act of 1976 (16 U.S.C 1859) to the same extent as if such act were an act prohibited by section 307(1)(D), (E), (F), or (H) of the Act of 1976 (16 U.S.C 1857(1)(D), (E), (F), or (H)). (c) Any vessel used in the commission of an act which is unlawful under subsection (a) of this section shall be subject to civil forfeiture under section 310 of the Act of 1976 (16 U.S.C. 1860) to the same extent as if such vessel was used in the commission of an act prohibited by section 307 of the Act of 1976 (16 U.S.C. 1857). SEC. 308. The Secretary of Commerce and the Secretary of the department in which the Coast Guard is operating shall enforce the provisions of this title and any regulation issued under this title. For purposes of such enforcement, such provisions and regulations shall be considered to be provisions of the Act of 1976 to which section 311

^^e^^ations. ^^ ^°^ ^^^^•

16 USC 3605.

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...g..-j.. . 16 USC 3606.

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16 USC 3607.

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Page:United States Statutes at Large Volume 96 Part 2.djvu/592

 96 STAT. 1954

Appropriation authorization. 16 USC 3608.

PUBLIC LAW 97-389—DEC. 29, 1982

(a), (b), (c), and (d) of the Act of 1976 (16 U.S.C. 1861 (a), (b), (c), and (d), respectively) apply. SEC. 309. There are authorized to be appropriated from time to time such sums as may be necessary for carrying out the purposes and provisions of the Convention and this title, including— (1) necessary travel expenses of the Commissioners and alternate Commissioners in accordance with the Federal Travel Regulation and sections 5701, 5702, 5704 through 5708, and 5731 of title 5, United States Code; and (2) the United States contribution to the Organization as provided in Article 16 of the Convention, not to exceed $50,000 for fiscal year 1983, and not to exceed, for each succeeding fiscal year, the amount assessed by the Organization for the United States for such year. TITLE IV—GOVERNING INTERNATIONAL FISHERY AGREEMENTS

Effective date. 16 USC 1823 note.

16 USC 1823 note. M^x> '.'Ji

SEC. 401. Notwithstanding any other provision of law, the governing international fishery ^ e e m e n t entered into between the Government of the United States and the Government of Japan pursuant to the Magnuson Fishery Conservation and Management Act of 1976 (16 U.S.C. 1801 et seq.) signed at Washington on September 10, 1982, is approved, and shall become effective on January 1, 1983. SEC. 402. Notwithstanding any other provision of law, the governing international fishery agreement entered into between the Government of the United States and the Government of Spain pursuant to the Magnuson Fishery Conservation and Management Act of 1976 (16 U.S.C. 1801 et seq.) signed on July 29, 1982, is approved. TITLE V—MISCELLANEOUS PROVISIONS

SEC. 501. Notwithstanding the failure of the vessels named below to meet the requirements contained in sections 111 and 112 of the 46 USC 65i, 65j. Vessel Documentation Act, as amended (46 U.S.C. 65 (i) and (j)), and section 27 of the Merchant Marine Act, 1920, as amended (46 U.S.C. 883), on the date of this Act, the Secretary of the department in which the Coast Guard is operating shall cause the vessel Centurion (officially numbered 236815), owned by Joseph B. Simoncelli, of Scranton, Pennsylvania, and the vessel Ellen Ruth (officially numbered 282354) owned by Jefferson B. Bruton, of Isle of Palms, South Carolina, to be documented as vessels of the United States upon compliance with all other requirements of law, with the privilege of engaging in the coastwise trade. SEC. 502. The Merchant Marine Act, 1920 (41 Stat. 988), as amended (46 U.S.C. 861 et seq.), is amended by adding at the end of section 27: "For the purposes of this section, after December 31, 46 USC 883. 1983, or after such time as an appropriate vessel has been constructed and documented as a vessel of the United States, the transportation of hazardous waste, as defined in section 1004(5) of the Resource Conservation and Recovery Act of 1976 (42 U.S.C. 6903(5)), from a point in the United States for the purpose of the incineration at sea of that waste shall be deemed to be transportation by water of merchandise between points in the United Stat^: Provided, however, That the provisions of this sentence shall not

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Page:United States Statutes at Large Volume 96 Part 2.djvu/593

 PUBLIC LAW 97-389—DEC. 29, 1982

96 STAT. 1955

apply to this transportation when performed by a foreign-flag ocean incineration vessel, owned by or under construction on May 1, 1982, for a corporation wholly owned by a citizen of the United States; the term 'citizen of the United States', as used in this proviso, means a corporation as defined in sections 2(a) and 2(b) of the Shipping Act, 1916 (46 U.S.C. 802 (a) and (b)). The incineration equipment on these vessels shall meet all current United States Coast Guard and Environmental Protection Agency standards. These vessels shall, in addition to any other inspections by the flag state, be inspected by the United States Coast Guard, including drydock inspections and internal examinations of tanks and void spaces, as would be required of a vessel of the United States. Satisfactory inspection shall be certified in writing by the Secretary of Transportation. Such inspections may occur concurrently with any inspections required by the flag state or subsequent to but no more than one year after the initial issuance or the next scheduled issuance of the Safety of Life at Sea Safety Construction Certificate. In making such inspections, the Coast Guard shall refer to the conditions established by the initial flag state certification as the basis for evaluating the current condition of the hull and superstructure. The Coast Guard shall allow the substitution of an equivalent fitting, material, appliance, apparatus, or equipment other than that required for vessels of the United States if the Coast Guard has been satisfied that fitting, material, appliance, apparatus, or equipment is at least as effective as that required for vessels of the United States.". SEC. 503. (a) Section 20 of the Act of March 4, 1915 (38 Stat. 1185), as amended (46 U.S.C 688) is amended— (1) by redesignating that section as section 20(a); and (2) by adding at the end thereof the following new subsection: "(b)(1) No action may be maintained under subsection (a) or under any other maritime law of the United States for maintenance and cure or for damages for the injury or death of a person who was not a citizen or permanent resident alien of the United States at the time of the incident giving rise to the action, if the incident occurred— "(A) while that person was in the employ of an enterprise engaged in the exploration, development, or production of offshore mineral or energy resources—including but not limited to drilling, mapping, surveying, diving, pipelaying, maintaining, repairing, constructing, or transporting supplies, equipment or personnel, but not including transporting those resources by a vessel constructed or adapted primarily to carry oil in bulk in the cargo spaces; and "(B) in the territorial waters or waters overlaying the continental shelf of a nation other than the United States, its territories, or possessions. As used in this paragraph, the term 'continental shelf has the meaning stated in Article I of the 1958 Convention on the Continental Shelf. "(2) The provisions of paragraph (1) of this subsection shall not be applicable if the person bringing the action establishes that no remedy was available to that person— "(A) under the laws of the nation asserting jurisdiction over the area in which the incident occurred; or "(B) under the laws of the nation in which, at the time of the incident, the person for whose injury or death a remedy is sought maintained citizenship or residency.".

"Citizen of the United States."

Vessel inspections.

"Continental shelf." 15UST471.

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Page:United States Statutes at Large Volume 96 Part 2.djvu/594

 96 STAT. 1956

PUBLIC LAW 97-389—DEC. 29, 1982

^stri^tion (b) The amendment made by this section does not apply to any 46 USC 688 note, action arising out of an incident that occurred before the date of enactment of this section. SEC. 504. Section 27 of the Merchant Marine Act, 1920 (46 U.S.C. 883) is amended by inserting the following immediately before the period at the end thereof: "Provided further, That for the purposes of this section, supplies aboard United States documented fish proc; 7isi essing vessels, which are necessary and used for the processing or assembling of fishery products aboard such vessels, shall be considered ship's equipment and not merchandise". Approved December 29, 1982. ..

LEGISLATIVE HISTORY—H.R. 3942: HOUSE REPORT No. 97-295 (Comm. on Merchant Marine and Fisheries). CONGRESSIONAL RECORD: Vol. 127 (1981): Nov. 4, considered and passed House. sxj Vol. 128 (1982): Dec. 10, considered and passed Senate, amended; House con," r curred in Senate amendments.

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Page:United States Statutes at Large Volume 96 Part 2.djvu/595

 PUBLIC LAW 97-390—DEC. 29, 1982

96 STAT. 1957

Public Law 97-390 97th Congress An Act To provide for appointment and authority of the Supreme Court Police, and for other purposes.

Dec. 29, 1982 [H.R. 6204]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That (a) the first Supreme Court Police. section of the Act entitled "An Act relating to the policing of the Appointment building and grounds of the Supreme Court of the United States", and authority. approved August 18, 1949 (40 U.S.C. 13f), is amended— (1) by striking out "special policemen" and inserting in lieu thereof "members of the Supreme Court Police"; and (2) by striking out ", for duty" and all that follows through "adjacent streets". (b) Subsection (b) of section 7 of such Act (40 U.S.C. 131(b)) is 40 USC 13/. amended by striking out "promulgated under" and all that follows through the end of the subsection and inserting in lieu thereof "prescribed under this section shall be posted in a public place at the Supreme Court Building and shall be made reasonably available to the public in writing.". (c)(1) Section 9 of such Act (40 U.S.C. 13n) is amended by striking out "SEC. 9. The special" and all that follows through ": Provided, That the Metropolitan Police force of the District of Columbia" and inserting in lieu thereof the following: "SEC. 9. (a) The Marshal of the Supreme Court and the Supreme Court Police shall have authority, in accordance with regulations prescribed by the Marshal and approved by the Chief Justice of the United States— "(1) to police the Supreme Court Building and grounds, and adjacent streets for the purpose of protecting persons and property; "(2) in any part of the United States, to protect— "(A) the person of the Chief Justice of the United States, any Associate Justice of the Supreme Court, and any official guest of the Supreme Court; and L "(B) the person of any officer or employee of the Supreme Court while such officer or employee is engaged in the performance of official duties; "(3) in the performance of duties necessary for carrying out - paragraph (1) of this subsection, to make arrests for any viola^ tion of a law of the United States or any State and any regulation under such law; "(4) in the performance of duties necessary for carrying out paragraph (2) of this subsection, to make arrests for any violation of a law of the United States and any regulation under such law; and "(5) to carry firearms as may be required for the performance of duties under this Act. "Ob) The Metropolitan police force of the District of Columbia".

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Page:United States Statutes at Large Volume 96 Part 2.djvu/596

 PUBLIC LAW 97-390—DEC. 29, 1982

96 STAT. 1958

Expiration. Report to Congress.

Definitions.

(2) Section 9 of such Act (40 U.S.C. 13n), as amended by paragraph (1) of this subsection, is further amended by adding at the end the following new subsections: "(c) "llie authority created under subsection (a)(2) shall expire three years after the date of enactment of this subsection. During the three-year effective period of subsection (a)(2), the Marshal of the Supreme Court shall report annually to the Congress on March 1 regarding the administrative cost of carrying out his duties under such subsection. Duties under subsection (a)(2)(A) of this section with respect to an official guest of the Supreme Court in any part of the United States (other than the District of Columbia, Maryland, and Virginia) shall be authorized in writing by the Chief Justice of the United States or an Associate Justice of the Supreme Court, if such duties require the carrying of firearms under subsection (a)(5) of this section. "(d) As used in this Act, the term— "(1) 'official guest of the Supreme Court' means an individual who is a guest of the Supreme (Dourt, as determined by the Chief Justice of the United States or any Associate Justice of the Supreme Court; "(2) 'State' means a State of the United States, the District of (Dolumbia, the Commonwesilth of Puerto Rico, and any territory or possession of the United States; and "(3) 'United States', when used in a geographical sense, means the several States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession of the United States.", (d) Section 11 of such Act (40 U.S.C. 13p) is amended by adding at the end the following new sentence: "In addition to the property referred to in the preceding sentence, for the purposes of this Act, the Supreme Court grounds are comprised of any property under the custody and control of the Supreme Court as part of the Supreme Court grounds, including property acquired as provided by law on behalf of the United States in lots 2, 3, 800, 801, and 802 in square 758 in the District of Columbia as an addition to the grounds of the United States Supreme Court Building.". SEC. 2. Section 672(c) of title 28, United States Code, is amended— (1) by striking out the period at the end of paragraph (7) and inserting in lieu thereof a semicolon; and (2) by adding at the end the following new paragraph: "(8) Oversee the Supreme Court Police.". SEC. 3. Section 3 of the Act entitled "An Act to provide for the acquisition of certain property in square 758 in the District of Columbia as an addition to the grounds of the United States Supreme Court Building", approved December 15, 1980 (40 U.S.C. 13p note), is amended by striking out "Act of May 7, 1934 (40 U.S.C. 13a through 13p), as amended" and inserting in lieu thereof "Act entitled 'An Act to provide for the custody and maintenance of the '>f"'

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Page:United States Statutes at Large Volume 96 Part 2.djvu/597

 PUBLIC LAW 97-390—DEC. 29, 1982

96 STAT. 1959

United States Supreme Court Building and the equipment and grounds thereof, approved May 7, 1934 (40 U.S.C. 13a-13c), and section 6 of the joint resolution entitled 'Joint resolution to provide for the use and disposition of the bequest of the late Justice Oliver Wendell Holmes to the United States, and for other purposes', approved October 22, 1940 (40 U.S.C. 13e)". Approved December 29, 1982.

LEGISLATIVE HISTORY—H.R. 6204 (S. 2601): HOUSE REPORT No. 97-704 (Comm. on the Judiciary). CONGRESSIONAL RECORD, Vol. 128 (1982): Aug. 16, considered and passed House. Oct. 1, considered and passed Senate, amended. Dec. 13, House concurred in Senate amendment.

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Page:United States Statutes at Large Volume 96 Part 2.djvu/598

 96 STAT. 1960

PUBLIC LAW 97-391—DEC. 29, 1982

Public Law 97-391 97th Congress An Act Dec. 29, 1982 [H.R. 6588]

Cow Creek Band of Umpqua Tribe of Indians Recognition Act. 25 USC 712 note.

To provide for Federal recognition of the Cow Creek Band of Umpqua Tribe of Indians, to institute for such tribe those Federal services provided to Indians who are recognized by the Federal Government and who receive such services because of the Federal trust responsibility, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SHORT TITLE SECTION 1. This Act may be cited as the "Cow Creek Band of

Umpqua Tribe of Indians Recognition Act". DEFINITIONS

25 USC 712.

SEC. 2. For the purposes of this Act— (1) the term "tribe" means the Cow Creek Band of Umpqua Tribe of Oregon; and (2) the term "member", when used with respect to the tribe, means a person enrolled on the membership roll of the tribe in accordance with section 5 of this Act. EXTENSION OF FEDERAL RECOGNITION, RIGHTS, AND PRIVILEGES

25 USC 712a.

SEC. 3. (a) FEDERAL RECOGNITION.—Notwithstanding any provision of the Act approved August 13, 1954 (25 U.S.C. 691 et seq.), or any other law. Federal recognition is extended to the Cow Creek Band of Umpqua Tribe of Oregon. Except as otherwise provided in this Act, all laws and regulations of the United States of general application to Indians or nations, tribes, or bands of Indians which are not inconsistent with any specific provision of this Act shall be applicable to the tribe. (b) RESTORATION OF RIGHTS AND PRIVILEGES.—All rights and privi-

leges of the tribe and the members of the tribe under any Federal treaty, Executive order, agreement, or statute, or under any other Federal authority, which may have been diminished or lost under the Act approved August 13, 1954 (25 U.S.C. 691 et seq.), are restored, and the provisions of such Act shall be inapplicable to the tribe and to members of the tribe after the date of enactment of this Act. (c) FEDERAL SERVICES AND BENEFITS.—Notwithstanding any other provision of law, the tribe and members of the tribe shall be eligible for all Federal services and benefits furnished to federally recognized Indian tribes upon the date of enactment of this Act without regard to the existence of a reservation for the tribe or the residence of members of the tribe on a reservation. (d) EFFECT ON PROPERTY RIGHTS AND OTHER OBLIGATIONS.—Except

as otherwise specifically provided in this Act, no provision contained

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Page:United States Statutes at Large Volume 96 Part 2.djvu/599

 PUBLIC LAW 97-391—DEC. 29, 1982

96 STAT. 1961

in this Act shall alter any property right or obligation, any contractual right or obligation, or any obligation for taxes already levied. ORGANIZATION OF TRIBE; CONSTITUTION AND BYLAWS

SEC. 4. The tribe may organize for its common welfare and adopt an appropriate instrument, in writing, to govern the affairs of the tribe when acting in its governmental capacity. The tribe shall file with the Secretary of the Interior a copy of its organic governing document and any amendments thereto.

25 USC 7i2b. ^ -.7 '«--

MEMBERSHIP ROLLS

SEC. 5. (a) IN GENERAL.—Membership in the tribe shall consist of 25 USC 7i2c. every individual— (1) whose name appears on the tribal roll in effect on the date t^^'S ^5 1 of enactment of this Act; or » (2) who is a descendant of any individual described in paragraph (1). (b) LIMITATION.—Membership in the tribe pursuant to subsection (a) shall not entitle an individual, who is not otherwise entitled, to participate in any distribution of funds pursuant to a judgment under the Act approved May 26, 1980 (94 Stat. 372). -jy

RULES

?

SEC. 6. The Secretary of the Interior may make such rules as are 25 USC 7l2d. necessary to carry out the provisions of this Act. Approved December 29, 1982. ' -

~3C

LEGISLATIVE HISTORY—H.R. 6588: HOUSE REPORT No. 97-862 (Comm. on Interior and Insular Affairs). CONGRESSIONAL RECORD, Vol. 128 (1982): Dec. 6, considered and passed House. Dec. 16, considered and passed Senate.

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Page:United States Statutes at Large Volume 96 Part 2.djvu/600

 96 STAT. 1962

PUBLIC LAW 97-392—DEC. 29, 1982

Public Law 97-392 97th Congress An Act Dec. 29, 1982 [H.R. 6758] Arms Export Control Act, amendment.

To authorize the sale of defense articles to United States companies for incorporation into end items to be sold to friendly foreign countries.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Arms Export Control Act is amended by inserting after chapter 2A the following new chapter: "Chapter 2B.—SALES TO UNITED STATES COMPANIES FOR INCORPORATION INTO END ITEMS

22 USC 2770.

22 USC 2778.

"Defense articles," and "defense services." 22 USC 2794.

30. GENERAL AUTHORITY.—(a) Subject to the conditions specified in subsection (b) of this section, the President may, on a negotiated contract basis, under cash terms (1) sell defense articles at not less than their estimated replacement cost (or actual cost in the case of services), or (2) procure or manufacture and sell defense articles at not less than their contract or manufacturing cost to the United States Government, to any United States company for incorporation into end items (and for concurrent or follow-on support) to be sold by such a company on a direct commercial basis to a friendly foreign country or international organization pursuant to an export license or approval under section 38 of this Act. The President may also sell defense services in support of such sales of defense articles, subject to the requirements of this chapter: Provided, however. That such services may be performed only in the United States. The amount of reimbursement received from such sales shall be credited to the current applicable appropriation, fund, or account of the selling agency of the United States Government. "(b) Defense articles and defense services may be sold, procured and sold, or manufactured and sold, pursuant to subsection (a) of this section only if (1) the end item to which the articles apply is to be procured for the armed forces of a friendly country or international organization, (2) the articles would be supplied to the prime contractor as government-furnished equipment or materials if the end item were being procured for the use of the United States Armed Forces, and (3) the articles and services are available only from United States Government sources or are not available to the prime contractor directly from United States commercial sources at such times as may be required to meet the prime contractor's delivery schedule. "(c) For the purpose of this section, the terms 'defense articles' and 'defense services' mean defense articles and defense services as defined in sections 47(3) and 47(4) of this Act.". "SEC.

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 PUBLIC LAW 97-392—DEC. 29, 1982

96 STAT. 1963

SEC. 2. Sections 42(d) and 42(e) of the Arms Export Control Act are 22 USC 2791. amended by striking out "and 29" wherever it appears and inserting in lieu thereof "29 and 30". SEC. 3. Section 21(i)(l) of the Arms Export Control Act is amended 22 USC 2761. by deleting the comma following "under this section" and inserting in lieu thereof "or under authority of chapter 2B,". Approved December 29, 1982. ^.

LEGISLATIVE HISTORY—H.R. 6758: SENATE REPORT No. 97-586 (Coram, on Foreign Relations). CONGRESSIONAL RECORD, Vol. 128 (1982): July 19, considered and passed House. Oct. 1, considered and passed Senate, amended. Dec. 13, House concurred in Senate amendment.

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Page:United States Statutes at Large Volume 96 Part 2.djvu/602

 96 STAT. 1964

.

«

Dec 29 1982 ' [S. 816]

Clayton Act, amendment.

PUBLIC LAW 97-393—DEC. 29, 1982

Public Law 97-393 97th Congress ,,

An Act

"^^ amend the Clayton Act to modify the amount of damages payable to foreign states and instrumentalities of foreign states which sue for violations of the antitrust laws.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That section 4 of the Clayton Act (15 U.S.C. 15) is amended— (1) by striking out "That" and inserting in lieu thereof "(a) Except as provided in subsection (b)," and (2) by adding at the end thereof the following new subsections: "(b)(i) Except as provided in paragraph (2), any person who is a foreign state may not recover under subsection (a) an amount in excess of the actual damages sustained by it and the cost of suit, including a reasonable attorney's fee. "(2) Paragraph (1) shall not apply to a foreign state if— "(A) such foreign state would be denied, under section 1605(a)(2) of title 28 of the United States Code, immunity in a case in which the action is based upon a commercial activity, or an act, that is the subject matter of its claim under this section; "(B) such foreign state waives all defenses based upon or arising out of its status as a foreign state, to any claims brought against it in the same action; "(C) such foreign state engages primarily in commercial activities; and "(D) such foreign state does not function, with respect to the commercial activity, or the act, that is the subject matter of its claim under this section as a procurement entity for itself or for another foreign state.

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 PUBLIC LAW 97-393—DEC. 29, 1982

96 STAT. 1965

"(C) For purposes of this section—

"(1) the term 'commercial activity' shall have the meaning given it in section 1603(d) of title 28, United States Code, and "(2) the term 'foreign state' shall have the meaning given it in section 1603(a) of title 28, United States Code.". Approved December 29, 1982.

LEGISLATIVE HISTORY—S. 816 (H.R. 5106): SENATE REPORT No. 97-78 (Comm. on the Judiciary). CONGRESSIONAL RECORD, Vol. 128 (1982): Apr. 27, H.R. 5106 considered and passed House. Sept. 30, H.R. 5106 considered and passed Senate, amended. July 9, considered and passed Senate. Dec. 13, considered and passed House, amended. Dec. 15, Senate concurred in House amendments.

Definitions.

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Page:United States Statutes at Large Volume 96 Part 2.djvu/604

 96 STAT. 1966

PUBLIC LAW 97-394—DEC. 30, 1982

Public Law 97-394 97th Congress

An Act Dec. 30, 1982 [H.R. 7356] Interior Department and related agencies, appropriations for fiscal year 1983.

Making appropriations for the Department of the Interior and related agencies for the fiscal year ending September 30, 1983, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the Department of the Interior and related agencies for the fiscal year ending September 30, 1983, and for other purposes, namely: TITLE I—DEPARTMENT OF THE INTERIOR LAND AND WATER RESOURCES BUREAU OF LAND MANAGEMENT MANAGEMENT OF LANDS AND RESOURCES

For expenses necessary for protection, use, improvement, development, disposal, cadastral surveying, classification, and performance of other functions, including maintenance of facilities, as authorized by law, in the management of lands and their resources under the jurisdiction of the Bureau of Land Management, including the general administration of the Bureau of Land Management, $330,226,000. CONSTRUCTION AND ACCESS

For acquisition of lands and interests therein, and construction of buildings, recreation facilities, roads, trails, and appurtenant facilities, $2,243,000, to remain available until expended. PAYMENTS IN LIEU OF TAXES

Ante, p. 877.

For expenses necessary to implement the Act of October 20, 1976 (31 U.S.C. 1601) $96,320,000, of which not to exceed $400,000 shall be available for administrative expenses: Provided, That this appropriation may be used to correct underpayments in the previous fiscal year to achieve equity among all qualified recipients. LAND ACQUISITION

43 USC 1715, 1748.

For expenses necessary to carry out the provisions of sections 205 and 318Cd) of Public Law 94-579 including administrative expenses and acquisition of lands or waters, or interest therein, $311,000, to be derived from the Land and Water Conservation Fund, to remain available until expended: Provided, That the unexpended balances of funds appropriated to the Bureau of Land Management in the Heritage Conservation and Recreation Service "Land and Water Conservation Fund" shall be merged with this appropriation.

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Page:United States Statutes at Large Volume 96 Part 2.djvu/605

 PUBLIC LAW 97-394—DEC. 30, 1982

96 STAT. 1967

OREGON AND CALIFORNIA GRANT LANDS

For expenses necessary for management, protection, and development of resources and for construction, operation, and maintenance of access roads, reforestation, and other improvements on the revested Oregon and California Railroad grant lands, on other Federal lands in the Oregon and California land-grant counties of Oregon, and on adjacent rights-of-way; and acquisition of lands or interests therein including existing connecting roads on or adjacent to such grant lands; $56,963,000, to remain available until expended: Provided, That the amount provided herein for the purposes of this appropriation on lands administered by the Forest Service shall be transferred to the Forest Service, Department of Agriculture: Provided further. That the amount appropriated herein for road construction on lands other than those administered by the Forest Service shall be transferred to the Federal Highway Administration, Department of Transportation: Provided further, That twenty-five per centum of the aggregate of all receipts during the current fiscal year from the revested Oregon and California Railroad grant lands is hereby made a charge against the Oregon and California land grant fund and shall be transferred to the General Fund in the Treasury in accordance with the provisions of the second paragraph of subsection (b) of title II of the Act of August 28, 1937 (50 Stat. 876). RANGE IMPROVEMENTS

For rehabilitation, protection, acquisition of lands and interests therein, and improvement of Federal rangelands pursuant to section 401 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701), sums equal to fifty per centum of all moneys received 43 USC 1751. during the prior fiscal year under sections 3 and 15 of the Taylor Grazing Act (43 U.S.C. 315, et seq.), and the amount designated for 43 USC 3i5b, range improvements from grazing fees and mineral leasing receipts ^i^"^from Bankhead-Jones lands transferred to the Department of the Interior pursuant to law, to remain available until expended: Provided, That not to exceed $600,000 shall be available for administrative expenses. SERVICE CHARGES, DEPOSITS, AND FORFEITURES

For administrative expenses and other costs related to processing application documents and other authorizations for use and disposal of public lands and resources, for monitoring construction, operation, and termination of facilities in conjunction with use authorizations, and for rehabilitation of damaged property, such amounts as may be collected under sections 2090b), 304(a), 3040t)), 305(a), and 504(g) of the Act approved October 21, 1976 (43 U.S.C. 1701), and 43 USC 1719, sections 101 and 203 of Public Law 93-153, to be immediately ^'^^^' i^^^' 1^64. available until expended. ^^ use 185. 43 USC 1652. MISCELLANEOUS TRUST FUNDS

In addition to amounts authorized to be expended under existing law, there is hereby appropriated such amounts as may be contributed under section 307 of the Act of October 21, 1976 (43 U.S.C. 1701), and such amounts as may be advanced for administrative costs, surveys, appraisals, and costs of making conveyances of omit-

43 USC 1737.

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Page:United States Statutes at Large Volume 96 Part 2.djvu/606

 96 STAT. 1968 43 USC 1721.

PUBLIC LAW 97-394—DEC. 30, 1982

ted lands under section 211(b) of that Act, to remain available until expended. ADMINISTRATIVE PROVISIONS

Appropriations for the Bureau of Land Management shall be available for purchase, erection, and dismantlement of temporary structures, insurance on official motor vehicles, aircraft, and boats operated by the Bureau of Land Management in Canada; and alteration and maintenance of necessary buildings and appurtenant facilities to which the United States has title; up to $10,000 for payments, at the discretion of the Secretary, for information or evidence concerning violations of laws administered by the United States Bureau of Land Management; miscellaneous and emergency expenses of enforcement activities, authorized or approved by the Secretary and to be accounted for solely on his certificate, not to exceed $10,000: Provided, That appropriations herein made for the Bureau of Land Management expenditures in connection with the revested Oregon and California Railroad and reconveyed Coos Bay Wagon Road grant lands (other than expenditures made under the appropriation "Oregon and California grant lands") shall be reimbursed to the General Fund of the Treasury from the 25 per centum referred to in subsection (c), title II, of the Act approved August 28, 1937 (50 Stat. 876), of the special fund designated the "Oregon and California land grant fund and section 4 of the Act approved May 43 USC ii8if-4. 24, 1939 (53 Stat. 754), of the special fund designated the "Coos Bay Wagon Road grant fund": Provided further, That appropriations herein made may be expended for surveys of Federal lands of the United States and on a reimbursable basis, for protection of lands 43 USC 1752 for the State of Alaska: Provided further. That the Secretary of the "°*®

Interior shall develop criteria for extending, on a case-by-case basis, the period allowed for phased livestock reductions on public range-

lands administered through the Bureau of Land Management up to five years. Such criteria shall take into account available agricultural assistance programs, the magnitude of projected livestock reductions, alternative pasturage available, and ability of such public rangelands to sustain such phasing in of livestock reductions without damage to rangeland productivity: Provided further. That an appeal of any reductions in grazing allotments on public rangelands must be taken within thirty days after receipt of a final grazing allotment decision or ninety days after the effective date of this Act in the case of reductions ordered during 1979, whichever occurs later. Reductions of up to 10 per centum in grazing allotments shall become effective when so designated by the Secretary of the Interior. Upon appeal any proposed reduction in excess of 10 per centum shall be suspended pending final action on the appeal, which shall be completed within two years after the appeal is filed. FISH AND WILDLIFE AND PARKS UNITED STATES FISH AND WILDLIFE SERVICE RESOURCE M A N A G E M E N T

7 K

aj gj

For expenses necessary for scientific and economic studies, conservation, management, investigations, protection, and utilization of sport fishery and wildlife resources, except whales, seals, and sea lions, and for the performance of other authorized functions related

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 PUBLIC LAW 97-394—DEC. 30, 1982

96 STAT. 1969

to such resources; for the general administration of the Fish and Wildlife Service; for maintenance of the herd of long-horned cattle on the Wichita Mountains Wildlife Refuge, $238,593,000; of which $4,000,000, to carry out the purposes of 16 U.S.C. 1535, shall remain available until expended: Provided, That the only critical habitat to be designated under section 4(b)(2) of the Endangered Species Act of 1973 (Public Law 93-205), as amended, for the Northern Rocky Mountain Wolf in Idaho shall be coterminous with the boundaries of the Central Idaho Wilderness Areas, as established by Public Law 96-312: Provided further. That notwithstanding any other provision of this paragraph, $2,000,000 is available to carry out the purposes of 16 U.S.C. 1535, to remain available until expended.

16 USC 1533. 16 USC 1132 "°J®' ^^'^^' ^^^^ "° ^"

CONSTRUCTION AND ANADROMOUS FISH

VI

.

For construction and acquisition of buildings and other facilities required in the conservation, management, investigations, protection, and utilization of sport fishery and wildlife resources, and the aquisition of lands and interests therein; and for expenses necessary to carry out the Anadromous Fish Conservation Act (16 U.S.C. 757a-757f); $16,665,000, to remain available until expended. MIGRATORY BIRD CONSERVATION ACCOUNT

For an advance to the migratory bird conservation account, as authorized by the Act of October 4, 1971, as amended (16 U.S.C. 715k-3, 5), $2,000,000, to remain available until expended. 16 USC 7i5k-3, 715k-5. LAND ACQUISITION

For expenses necessary to carry out the provisions of the Land and Water Conservation Fund Act of 1965, as amended (16 U.S.C. 4601-4-11), including administrative expenses, and for acquisition of 16 USC 460/-4land or waters, or interest therein, in accordance with statutory 460Z-11. authority applicable to the United States Fish and Wildlife Service, $27,200,000, to be derived from the Land and Water Conservation Fund, to remain available until expended: Provided, That the unexpended balances of funds appropriated to the Fish and Wildlife Service in the Heritage Conservation and Recreation Service "Land and Water Conservation Fund" shall be merged with this appropriation. NATIONAL WILDLIFE REFUGE FUND

For expenses necessary to implement the Act of October 17, 1978 (16 U.S.C. 715s), $5,760,000. ADMINISTRATIVE PROVISIONS

Appropriations and funds available to the United States Fish and Wildlife Service shall be available for purchase of not to exceed 124 passenger motor vehicles of which 113 are for replacement only (including 46 for police-type use); purchase of 4 new aircraft as additions; not to exceed $200,000 for payment, at the discretion of the Secretary, for information, rewards, or evidence concerning violations of laws administered by the United States Fish and Wildlife Service and miscellaneous and emergency expenses of enforcement activities, authorized or approved by the Secretary and

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Page:United States Statutes at Large Volume 96 Part 2.djvu/608

 96 STAT. 1970

Private John Allen National Fish Hatchery.

Ante, p. 837.

PUBLIC LAW 97-394—DEC. 30, 1982

to be accounted for solely on his certificate; insurance on official motor vehicles, aircraft, and boats operated by the United States Fish and Wildlife Service in Mexico and Canada; repair of damage to public roads within and adjacent to reservation areas caused by operations of the United States Fish and Wildlife Service; options for the purchase of land at not to exceed $1 for each option; facilities incident to such public recreational uses on conservation areas as are not inconsistent with their primary purpose; and the maintenance and improvement of aquaria, buildings, and other facilities under the jurisdiction of the United States Fish and Wildlife Service and to which the United States has title, and which are utilized pursuant to law in connection with management and investigation of fish and wildlife resources: Provided, That the national fish hatchery at Tupelo, Mississippi, shall hereafter be named the "Private John Allen National Fish Hatchery": Provided further, That the administrative/visitor facility at the Merritt Island NWR, Florida, for which funds were appropriated under the head "Construction and anadromous fish in chapter VIII of Public Law 97-257 is herebv designated the Scott J. Manness-Beau W. Sauselein administrative/visitor facility and that the maintenance center not be named as provided in that account. NATIONAL PARK SERVICE OPERATION OP THE NATIONAL PARK SYSTEM

For expenses necessary for the management, operation, and maintenance of areas and facilities administered by the National Park Service (including special road maintenance service to trucking permittees on a reimbursable basis), and for the general administration of the National Park Service, including not to exceed $394,000 for the Roosevelt Campobello International Park Commission, and $500,000 for the Volunteers-in-the-Park program, $564,460,000 without regard to the Act of August 24, 1912, as amended (16 U.S.C. 451): 16 USC 20b note. Provided, That the Park Service shall not enter into future concessionaire contracts, including renewals, that do not include a termination for cause clause that provides for possible extinguishment of possessory interests excluding depreciated book value of concessionaire investments without compensation: Provided further. That appropriations for maintenance and improvement of roads within the boundary of Indiana Dunes National Lakeshore shall be available for such purposes without regard to whether title to such road rights-of-way is in the United States: Provided further. That $85,000 shall be available for the National Park Service to assist the town of Harpers Ferry, West Virginia, for police force use: Provided further. That $160,000 shall be available for operation, including maintenance and protection, of the former home of Harry S Truman at 219 North Delaware Street, Independence, Missouri, upon assumption of administrative jurisdiction thereof by the National Park Service pursuant to specific legislation similar to S. 3077, Ninety-seventh Congress, or pursuant to the general authority of the Act of August 16 USC 461-467. 21, 1935 (49 Stat. 666), or otherwise. NATIONAL RECREATION AND PRESERVATION

For expenses necessary to carry out recreation programs, natural programs, cultural programs, environmental and compliance

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Page:United States Statutes at Large Volume 96 Part 2.djvu/609

 PUBLIC LAW 97-394—DEC. 30, 1982

96 STAT. 1971

review, and grant administration, not otherwise provided for, $9,887,000. HISTORIC PRESERVATION FUND

For expenses necessary in carrying out the provisions of the Historic Preservation Act of 1966 (80 Stat. 915), as amended (16 U.S.C. 470), $26,000,000 to be derived from the Historic Preservation Fund, established by section 108 of that Act, as amended, to remain 16 USC 470h. available for obligation until September 30, 1984. CONSTRUCTION

For construction, improvements, repair or replacement of physical facilities, without regard to the Act of August 24, 1912, as amended (16 U.S.C. 451), $156,096,000, to remain available until expended, including $15,000,000 for reconstruction of the Filene Center at Wolf Trap Farm Park for the Performing Arts to be available for obligation only as authorized by Public Law 97-310, not less than $6,000,000 for nourishment of the Sandy Hook, New Jersey portion of Gateway NRA notwithstanding any other provisions of law, and not less than $2,444,000 for Perry s Victory and International Peace Memorial, $1,400,000 for the Federal share of the construction and development costs for the Alaska Interagency Visitor Centers in Anchorage, Fairbanks, and Tok, Alaska, pursuant to section 1305 of the Alaska National Interest Lands Conservation Act (Public Law 96-487). 16 USC 3195. LAND ACQUISITION AND STATE ASSISTANCE

For expenses necessary to carry out the provisions of the Land and Water Conservation Fund Act of 1965, as amended (16 U.S.C. 4601-4-11), including administrative expenses, and for acquisition of \^}j^^ 460/-4— land or waters, or interest therein, in accordance with statutory 460/-ii. authority applicable to the National Park Service, $142,505,000, to be derived from the Land and Water Conservation Fund, to remain available until expended, of which $75,000,000 is for the State Assistance program including $4,381,000 to administer the program, $5,000,000 is for Pinelands National Preserve: Provided, That unexpended balances of funds appropriated to the National Park Service in the Heritage Conservation and Recreation Service "Land and Water Conservation Fund" shall be merged with this appropriation: Provided further. That State administrative expenses associated with the State grant portion of the State Assistance program shall not exceed 15 percent: Provided further. That none of the State Assistance funds may be used as a contingency fund. JOHN p. KENNEDY CENTER FOR THE PERFORMING ARTS

For expenses necessary for operating and maintaining the nonperforming arts functions of the John F. Kennedy Center for the Performing Arts, $4,247,000. ADMINISTRATIVE PROVISIONS

Appropriations for the National Park Service shall be available for the purchase of not to exceed 1 helicopter for replacement only, 175 passenger motor vehicles of which 148 shall be for replacement only, including not to exceed 107 for police-type use and 13 buses;

97-200 O—84—pt. 2

20: QL3

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Page:United States Statutes at Large Volume 96 Part 2.djvu/610

 96 STAT. 1972

PUBLIC LAW 97-394—DEC. 30, 1982 and to provide, notwithstanding any other provision of law, at a cost not exceeding $100,000, transportation for children in nearby communities to and from any unit to the National Park System used in connection with organized recreation and interpretive programs of the National Park Service; and options for the purchase of land at not to exceed $1 for each option: Provided, That any funds available to the National Park Service may be used, with the approval of the Secretary, to maintain law and order in emergency and other unforeseen law enforcement situations and conduct emergency search and rescue operations in the National Park System; and to provide insurance on official motor vehicles and aircraft operated by the National Park Service in Mexico and Canada: Provided further. That none of the funds appropriated to the National Park Service may be used to process any grant or contract documents which do not include the text of 18 U.S.C. 1913: Provided further. That none of the funds appropriated to the National Park Service may be used to add industrial facilities to the list of National Historic Landmarks without the consent of the owner: Provided further, That notwithstanding any other provision of law, the Secretary of the Interior is authorized to enter into a cooperative agreement with the Smith River Fire Protection District, California, for a special use permit on lands within the boundary of Redwood National Park to permit construction of a fire station. ENERGY AND MINERALS GEOLOGICAL SURVEY SURVEYS, INVESTIGATIONS, AND RESEARCH (INCLUDING TRANSFER OF FUNDS)

43 USC 50.

For expenses necessary for the Geological Survey to perform surveys, investigations, and research covering topography, geology, and the mineral and water resources of the United States, its Territories and possessions, and other areas as authorized by law (43 U.S.C. 31, 1332 and 1340); classify lands as to mineral character and water and power resources; give engineering supervision to power permittees and Federal Energy Regulatory Commission licensees; administer the minerals exploration program (30 U.S.C. 641); and publish and disseminate data relative to the foregoing activities; $363,389,000 and $16,200,000, to be derived by transfer from "Exploration of National Petroleum Reserve in Alaska": Provided, That $44,164,000 shall be available only for cooperation with States or municipalities for water resources investigations: Provided further, That no part of this appropriation shall be used to pay more than one-half the cost of any topographic mapping or water resources investigations carried on in cooperation with any State or municipality: Provided further. That the Geological Survey is authorized to accept lands, buildings, equipment, and other contributions from public and private sources and to prosecute projects in cooperation with other agencies, Federal, State, or private.

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Page:United States Statutes at Large Volume 96 Part 2.djvu/611

 PUBLIC LAW 97-394—DEC. 30, 1982

96 STAT. 1973

BARROW AREA GAS OPERATION, EXPLORATION, AND DEVELOPMENT

For necessary expenses of carrying out the provisions of section 104 of Public Law 94-258, $6,400,000, to remain available until expended. ADMINISTRATIVE PROVISIONS

The amount appropriated for the Geological Survey shall be available for purchase of not to exceed 18 passenger motor vehicles, for replacement only; reimbursement to the General Services Administration for security guard services; contracting for the furnishing of topographic maps and for the making of geophysical or other specialized surveys when it is administratively determined that such procedures are in the public interest; construction and maintenance of necessary buildings and appurtenant facilities; acquisition of lands for observation wells; expenses of the U.S. National Committee on Geology; and payment of compensation and expenses of persons on the rolls of the Geological Survey appointed, as authorized by law, to represent the United States in the negotiation and administration of interstate compacts. MINERALS MANAGEMENT SERVICE LEASING AND ROYALTY MANAGEMENT (INCLUDING TRANSFER OF FUNDS)

For expenses necessary for minerals leasing and environmental studies, regulation of industry operations, and collection of royalties, as authorized by law; for enforcing laws and regulations applicable to oil, gas, and other minerals leases, permits, licenses and operating contracts; $196,506,000 of which not less than $81,601,000 shall be available for royalty management activities including general administration. BUREAU OF MINES MINES AND MINERALS

For expenses necessary for conducting inquiries, technological investigations and research concerning the extraction, processing, use and disposal of mineral substances without objectionable social and environmental costs; to foster and encourage private enterprise in the development of mineral resources and the prevention of waste in the mining, minerals, metal and mineral reclamation industries; to inquire into the economic conditions affecting those industries; to promote health and safety in mines and the mineral industry through research; and for other related purposes as authorized by law, $143,158,000, of which $88,346,000 shall remain available until expended. ADMINISTRATIVE PROVISIONS

The Secretary is authorized to accept lands, buildings, equipment, and other contributions from public and private sources and to prosecute projects in cooperation with other agencies, Federal, State, or private: Provided, That the Bureau of Mines is authorized, during the current fiscal year, to sell directly or through any Government agency, including corporations, any metal or mineral

42 USC 6504.

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Page:United States Statutes at Large Volume 96 Part 2.djvu/612

 96 STAT. 1974

PUBLIC LAW 97-394—DEC. 30, 1982

product that may be manufactured in pilot plants operated by the Bureau of Mines, and the proceeds of such sales shall be covered into the Treasury as miscellaneous receipts. OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT REGULATION AND TECHNOLOGY

30 USC 1201 note.

For necessary expenses to carry out the provisions of the Surface Mining Control and Reclamation Act of 1977, Public Law 95-87, $60,356,000, including the purchase of not to exceed 35 passenger motor vehicles for replacement only. ABANDONED MINE RECLAMATION FUND

30 USC 1231.

Ante, p. 1749.

30 USC 1236.

For necessary expenses to carry out the provisions of title IV of the Surface Mining Control and Reclamation Act of 1977, Public Law 95-87, including the purcheise of not more than 10 passenger motor vehicles for replacement only, to remain available until expended, $161,209,000, to be derived from receipts of the Abandoned Mine Reclamation Fund: Provided, That pursuant to Public Law 97-365, the Department of the Interior is authorized to utilize up to 20 percent from the recovery of the delinquent debt owed to the United States Government to pay for contracts to collect these debts: Provided further, That of the funds made available to the States to contract for reclamation projects authorized in section 406(a) of Public Law 95-87, administrative expenses may not exceed 15 percent. INDIAN AFFAIRS BUREAU OF INDIAN AFFAIRS OPERATION OF INDIAN PROGRAMS

For operation of Indian programs by direct expenditure, contracts, cooperative agreements and grants including expenses necessary to provide education and welfare services for Indians, either directly or in cooperation with States and other organizations, including payment (in advance or from date of admission) of care, tuition, assistance, and other expenses of Indians in boarding homes, institutions, or schools; grants and other assistance to needy Indians; maintenance of law and order and payment of rewards for information or evidence concerning violations of law on Indian reservation lands or treaty fishing rights tribal use areas; management, development, improvement, and protection of resources and appurtenant facilities under the jurisdiction of the Bureau of Indian Affairs, including payment of irrigation assessments and charges; acquisition of water rights; advances for Indian industrial and business enterprises; operation of Indian arts and crafts shops and museums; development of Indian arts and crafts, as authorized by law; for the general administration of the Bureau of Indian Affairs, including such expenses in field offices, $843,508,000 of which $9,350,000 shall be available until expended for transfer to the State of Alaska to assist in the bsisic operation and maintenance of Bureau-owned schools which are transferred to the State, such sum to be in addition to assistance otherwise available under the Act of April 16, 1934 (48 Stat. 596), as amended (25 U.S.C. 452 et seq.) or any other Act to

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Page:United States Statutes at Large Volume 96 Part 2.djvu/613

 PUBLIC LAW 97-394—DEC. 30, 1982

96 STAT. 1975

such schools on the same basis as other public schools, and of which not to exceed $55,278,000 for higher education scholarships and assistance to public schools under the Act of April 16, 1934 (48 Stat. 596), as amended (25 U.S.C. 452 et seq.), shall remain available for obligation until September 30, 1984, and the funds made available to tribes and tribal organizations through contracts authorized by the Indian Self-Determination and Education Assistance Act of 1975 (88 Stat. 2203; 25 U.S.C. 450 et seq.) shall remain available until September 30, 1984: Provided, That this carryover authority does not extend to programs directly operated by the Bureau of Indian Affairs; and includes expenses necessary to carry out the provisions of section 19(a) of Public Law 93-531, $3,899,000, to remain available until 25 USC 640d-l8. expended: Provided further. That none of these funds shall be expended as matching funds for programs funded under section 103(a)(l)(B)(iii) of the Vocational Education Act of 1963, as amended (20 U.S.C. 2303(a)(l)(B)(iii)) by the Act of June 3, 1977 (Public Law 95-40): Provided further. That notwithstanding the provisions of section 6 of said Act of April 16, 1934, as added by section 202 of the Indian Education Assistance Act (88 Stat. 2213, 2214; 25 U.S.C. 457) funds appropriated pursuant to this or any other Act for fiscal years ending September 30 of 1982 and 1983 may be utilized to reimburse school districts for up to the full per capita cost of educating Indian students (1) who are normally residents of the State in which such school districts are located but do not normally reside in such districts, and (2) who are residing in Federal boarding facilities for the purpose of attending public schools within such districts; in addition, moneys received by grant to the Bureau of Indian Affairs from other Federal agencies to carry out various programs for elementary and secondary education, handicapped programs, bilingual education, and other specific programs shall be deposited into this account and remain available as otherwise provided by law. CONSTRUCTION

For construction, major repair and improvement of irrigation and power systems, buildings, utilities, and other facilities; acquisition of lands and interests in lands; preparation of lands for farming; and architectural and engineering services by contract, $67,250,000, to remain available until expended: Provided, That such amounts as may be available for the construction of the Navajo Indian Irrigation Project may be transferred to the Bureau of Reclamation. ROAD CONSTRUCTION

For construction of roads and bridges pursuant to authority contained in 23 U.S.C. 203, the Act of November 2, 1921 (42 Stat. 208; 25 U.S.C. 13), and the Act of May 26, 1928 (45 Stat. 750; 25 U.S.C. 318a), $43,585,000, to remain available until expended. TRIBAL TRUST FUNDS

In addition to the tribal funds authorized to be expended by existing law, there is hereby appropriated not to exceed $3,000,000 from tribal funds not otherwise available for expenditure for the benefit of Indians and Indian tribes, including pay and travel expenses of employees; care, tuition, and other assistance to Indian children attending public and private schools (which may be paid in

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Page:United States Statutes at Large Volume 96 Part 2.djvu/614

 96 STAT. 1976

18 USC 4124 note.

PUBLIC LAW 97-394—DEC. 30, 1982

advance or from date of admission); purchase of land improvements on land, title to which shall be taken in the name of the United States in trust for the tribe for which purchased; lease of lands and water rights; compensation and expenses of attorneys and other persons employed by Indian tribes under approved contracts; pay, travel, and other expenses of tribal officers, councils, and committees thereof, or other tribal organizations, including mileage for use of privately owned automobiles and per diem in lieu of subsistence at rates established administratively but not to exceed those applicable to civilian employees of the Government; relief of Indians, without regard to section 7 of the Act of May 27, 1930 (46 Stat. 391), including cash grants: Provided, That in addition to the amount appropriated herein, tribal funds may be advanced to Indian tribes during the current fiscal year for such purposes as may be designated by the governing body of the particular tribe involved and approved by the Secretary. REVOLVING FUND FOR LOANS

During fiscal year 1983, and within the resources and authority available, gross obligations for the principal amount of direct loans shall not exceed $19,970,000. INDIAN LOAN GUARANTY AND INSURANCE FUND

During fiscal year 1983, and within the resources and authority available, total commitments to guarantee loans may be made only to the extent that the total loan principal, any part of which is to be guaranteed, shall not exceed $15,800,000. ADMINISTRATIVE PROVISIONS

Appropriations for the Bureau of Indian Affairs (except the revolving fund for loans) shall be available for expenses of exhibits; purchase of not to exceed 258 passenger carrying motor vehicles of which 178 shall be for replacement only, which may be used for the transportation of Indians; advance payments for services (including services which may extend beyond the current fiscal year) under contracts executed pursuant to the Act of June 4, 1936 (25 U.S.C. 452), the Act of August 3, 1956 (25 U.S.C. 309), and legislation terminating Federal supervision over certain Indian tribes; and expenses required by continuing or permanent treaty provisions: Provided, That no part of any appropriations to the Bureau of Indian Affairs shall be available to continue academic and residential programs of the Chilocco, Seneca, and Fort Sill boarding schools, Oklahoma; and Stewart boarding school, Nevada: Provided further. That no part of any appropriation to the Bureau of Indian Affairs shall be available to continue academic and residential programs at Mount Edgecumbe boarding school in Alaska after June 30, 1983: Provided further, That no part of any appropriation to the Bureau of Indian Affairs shall be used to subject the transportation of school children to any limitation on travel or transportation expenditures Indian Claims for Federal employees: Provided further. That notwithstanding any 1982*^^*^^°"^'^^°^ other provision of law: The following may be cited as the "Indian 28 USC 2415 Claims Limitation Act of 1982.". note. SEC. 2. (a) Subsection (a) of section 2415 of title 28, United States Code, is amended by striking "after December 31, 1982" in the third

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 PUBLIC LAW 97-394—DEC. 30, 1982

96 STAT. 1977

proviso and inserting in lieu the following: "sixty days after the date of publication of the list required by section 4(c) of the Indian Claims Act of 1982: Provided, That, for those claims that are on either of the two lists published pursuant to the Indian Claims Act of 1982, any right of action shall be barred unless the complaint is filed within (1) one year after the Secretary of the Interior has published in the Federal Register a notice rejecting such claim or (2) three years after the date the Secretary of the Interior has submitted legislation or legislative report to Congress to resolve such claim". (b) Subsection (b) of section 2415 of title 28, United States Code, is amended by striking "December 31, 1982" in the proviso and inserting in lieu the following: "sixty days after the date of the publication of the list required by section 4(c) of the Indian Claims Act of 1982: Provided, That, for those claims that are on either of the two lists published pursuant to the Indian Claims Act of 1982, any right of action shall be barred unless the complaint is filed within (1) one year after the Secretary of the Interior has published in the Federal Register a notice rejecting such claim or (2) three years after the Secretary of the Interior has submitted legislation or legislative report to Congress to resolve such claim". SEC. 3. (a) Within ninety days after the enactment of this Act, the Secretary of the Interior (hereinafter referred to as the "Secretary") shall publish in the Federal Register a list of all claims accruing to any tribe, band or group of Indians or individual Indian on or before July 18, 1966, which have at any time been identified by or submitted to the Secretary under the "Statute of Limitation Project" undertaken by the Department of the Interior and which, but for the provisions of this Act, would be barred by the provisions of section 2415 of title 28, United States Code: Provided, That the Secretary shall have the discretion to exclude from such list any matter which was erroneously identified as a claim and which has no legal merit whatsoever. (b) Such list shall group the claims on a reservation-by-reservation, tribe-by-tribe, or State-by-State basis, as appropriate, and shall state the nature and geographic location of each claim and only such other additional information as may be needed to identify specifically such claims. (c) Within thirty days after the publication of this list, the Secretary shall provide a copy of the Indian Claims Limitation Act of 1982 and a copy of the Federal Register containing this list, or such parts as may be pertinent, to each Indian tribe, band or group whose rights or the rights of whose members could be affected by the provisions of section 2415 of title 28, United States Code. SEC. 4. (a) Any tribe, band or group of Indians or any individual Indian shall have one hundred and eighty days after the date of the publication in the Federal Register of the list provided for in section 3 of this Act to submit to the Secretary any additional specific claim or claims which such tribe, band or group of Indians or individual Indian believes may be afiected by section 2415 of title 28, United States Code, and desires to have considered for litigation or legislation by the United States. (b) Any such claim submitted to the Secretary shall be accompanied by a statement identifying the nature of the claim, the date when the right of action allegedly accrued, the names of the potential plaintiffs and defendants, if known, and such other information needed to identify and evaluate such claim.

Infra. Notice, publication in Federal Register. 28 USC 2415 note. Notice, publication in Federal Register.

Claims list, publication in Federal Register. 28 USC 2415 note.

28 USC 2415 note.

Additional claims, submittal to Secretary. 28 USC 2415 note. Supra.

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Page:United States Statutes at Large Volume 96 Part 2.djvu/616

 96 STAT. 1978 Additional claims list, publication in Federal Register.

28 USC 2415 note. Ante, p. 1977.

28 USC 2415 note. Rejected claims, report.

Notice.

Notice, publication in Federal Register.

Legislation or report, submittal to Congress. 28 USC 2415 note.

PUBLIC LAW 97-394—DEC. 30, 1982

(c) Not more than thirty days after the expiration of the one hundred and eighty day period provided for in subsection (a) of this section, the Secretary shall publish in the Federal Register a list containing the additional claims submitted during such period: Provided, That the Secretary shall have the discretion to exclude from such list any matter which has not been sufficiently identified as a claim. SEC. 5. (a) Any right of action shall be barred sixty days after the date of the publication of the list required by section 4(c) of this Act for those pre-1966 claims which, but for the provisions of this Act, would have been barred by section 2415 of title 28, United States Code, unless such claims are included on either of the lists required by section 3 or 4(c) of this Act. (b) If the Secretary decides to reject for litigation any of the claims or groups or categories of claims contained on either of the lists required by section 3 or 4(c) of this Act, he shall send a report to the appropriate tribe, band, or group of Indians, whose rights or the rights of whose members could be affected by such rejection, advising them of his decision. The report shall identify the nature and geographic location of each rejected claim and the name of the potential plaintiffs and defendants if they are known or can be reasonably ascertained and shall, briefly, state the reasons why such claim or claims were rejected for litigation. Where the Secretary knows or can reasonably ascertain the identity of any of the potential individual Indian plaintiffs and their present addresses, he shall provide them with written notice of such rejection. Upon the request of any Indian claimant, the Secretary shall, without undue delay, provide to such claimant any nonprivileged research materials or evidence gathered by the United States in the documentation of such claim. (c) The Secretary, as soon as possible after providing the report required by subsection (b) of this section, shall publish a notice in the Federal Register identifying the claims covered in such report. With respect to any claim covered by such report, any right of action shall be barred unless the complaint is filed within one year after the date of publication in the Federal Register. SEC. 6. (a) If the Secretary determines that any claim or claims contained in either of the lists as provided in sections 3 or 4(c) of this Act is not appropriate for litigation, but determines that such claims may be appropriately resolved by legislation, he shall submit to the Congress legislation to resolve such claims or shall submit to Congress a report setting out options for legislative resolution of such claims. (b) Any right of action on claims covered by such legislation or report shall be barred unless the complaint is filed within 3 years after the date of submission of such legislation or legislative report to Congress. TERRITORIAL AND INTERNATIONAL AFFAIRS ADMINISTRATION OF TERRITORIES

For expenses necessary for the administration of Territories under the jurisdiction of the Department of the Interior, $73,892,000, of which (1) not to exceed $72,011,000 shall be available until expended for technical assistance and grants to the judiciary in American Samoa for compensation and expenses, as authorized by

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Page:United States Statutes at Large Volume 96 Part 2.djvu/617

 PUBLIC LAW 97-394—DEC. 30, 1982

96 STAT. 1979

law (48 U.S.C. 1661(c)); grants to American Samoa, in addition to current local revenues, for support of governmental functions; Economic Development Loan Fund grants to Guam, as authorized by law (48 U.S.C. 1428-1428e; Public Law 95-134; 91 Stat. 1161, 1162, 1163; Public Law 95-348; 92 Stat. 487, 488); grants to the Government of the Virgin Islands as authorized by law (Public Law 95-348, 92 Stat. 490); construction grants to Guam of $8,028,000 as authorized by Public Law 97-357; direct grants to the Government of the Ante, p. 1705 Northern Mariana Islands as authorized by law (Public Law 94-241, 90 Stat. 272, and Public Law 96-205, 94 Stat. 86); and (2) not to exceed $1,881,000 for fiscal year 1983 salaries and expenses of the Office of Territorial and International Affairs: Provided, That the 48 USC 1401f, Territorial and local governments herein provided for are 1423i, 1665. authorized to make purchases through the General Services Administration: Provided further. That appropriations available for the 48 USC 1470a. administration of Territories may be expended for the purchase, charter, maintenance, and operation of surface vessels for official purposes and for commercial transportation purposes found by the Secretary to be necessary: Provided further, That all financial trans- 48 USC 1469b. actions of the Territorial and local governments herein provided for, including such transactions of all agencies or instrumentalities established or utilized by such governments, shall be audited by the General Accounting Office, in accordance with the provisions of the Budget and Accounting Act, 1921 (42 Stat. 23), as amended, and the Accounting and Auditing Act of 1950 (64 Stat. 834). TRUST TERRITORY OF THE PACIFIC ISLANDS

For expenses necessary for the Department of the Interior in administration of the Trust Territory of the Pacific Islands pursuant to the Trusteeship Agreement approved by joint resolution of July 18, 1947 (61 Stat. 397), and the Act of June 30, 1954 (68 Stat. 330), as amended (90 Stat. 299; 91 Stat. 1159; 92 Stat. 495), grants for the expenses of the High Commissioner of the Trust Territory of the Pacific Islands; grants for the compensation and expenses of the Judiciary of the Trust Territory of the Pacific Islands; grants to the Trust Territory of the Pacific Islands; grants to the Trust Territory of the Pacific Islands in addition to local revenues, for support of governmental functions; $95,810,000, of which $77,410,000 is for operations, and $18,400,000 for construction, to remain available until expended: Provided, That all financial transactions of the 48 USC 1683. Trust Territory, including such transactions of all agencies or instrumentalities established or utilized by such Trust Territory, shall be audited by the General Accounting Office in accordance with the provisions of the Budget and Accounting Act, 1921 (42 Stat. 23), as amended, and the Accounting and Auditing Act of 1950 (64 Stat. 834): Provided further, That the government of the Trust 48 USC 1682. Territory of the Pacific Islands is authorized to make purchases through the General Services Administration: Provided further, 48 USC 1687. That appropriations available for the administration of the Trust Territory of the Pacific Islands may be expended for the purchase, charter, maintenance, and operation of surface vessels for official purposes and for commercial transportation purposes found by the Secretary to be necessary in carrying out the provisions of article 6(2) of the Trusteeship Agreement approved by Congress.

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