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[79 STAT.

there is a significant potential for future growth, and where the expected, return on public dollars invested will be the greatest. The States will be responsible for recommending local and Stat© projects, within their borders, which will receive assistance under this Act. As the region obtains the needed physical and transportation facilities and develops its human resources, the Congress expects that the region will generate a diversified industry, and that the region will then be able to support itself, through the workings of a strengthened free enterprise economy. TITLE I — THE A P P A L A C H I A N R E G I O N A L COMMISSION MEMBEKSHIP AND VOTING

78 Stat. 417, 5 USC 2211.

rufc*im'

SEC. 101. (a) There is hereby established an Appalachian Regional Commission (hereinafter referred to as the "Commission") which shall be composed of one Federal member, hereinafter referred to as the "Federal Cochairman", appointed by the President by and with the advice and consent of the Senate, and one member from each participating State in the Appalachian region. The Federal Cochairman shall be one of the two Cochairmen of the Commission. Each State member may be the Governor, or his designee, or such other person as may be provided by the law of the State which he represents. The State members of the Commission shall elect a Cochairman of the Commission from among their number. (b) Except as provided in section 105, decisions by the Commission shall reijuire the affirmative vote of the Federal Cochairman and of a majority of the State members (exclusive of members representing States delinquent under section 105). I n matters coming before the Commission, the Federal Cochairman shall, to the extent practicable, consult with the Federal departments and agencies having an interest in the subject matter. (c) Each State member shall have an alternate, appointed by the Governor or as otherwise may be provided by the law of the State which he represents. The President, by and with the advice and consent of the Senate, shall appoint an alternate for the Federal Cochairman. An alternate shall vote in the event of the absence, death, disability, removal, or resignation of the State or Federal representative for which he is an alternate. (d) The Federal Cochairman shall be compensated by the Federal Government at level IV of the Federal Executive Salary Schedule of the Federal Executive Salary Act of 1964. His alternate shall be compensated by the Federal Government at not to exceed the maximum scheduled rate for grade GS-18 of the Classification Act of 1949, as amended, and when not actively serving as an alternate for the Federal Cochairman shall perform such functions and duties as are delegated to him by the Federal Cochairman. Each State member and his alternate shall be compensated by the State which they represent at the rate established by the law of such State.

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PUBLIC LAW 89-4-MAR. 9, 1965 FUNCTIONS OF THE COMMISSION

SEC. 102. In carrying out the purposes of this Act, the Commission shall— (1) develop, on a continuing basis, comprehensive and coordinated plans and programs and establish priorities thereunder, giving due consideration to other Federal, State, and local planning in the region; (2) conduct and sponsor investigations, research, and studies, including an inventory and analysis of the resources of the region, and, in cooperation with Federal, State, and local agencies, sponsor demonstration projects designed to foster regional productivity and growth; (3) review and study, in cooperation with the agency involved. Federal, State, and local public and private programs and, where appropriate, recommend modifications or additions which will increase their effectiveness in the region; (4) formulate and recommend, where appropriate, interstate compacts and other forms of interstate cooperation, and work with State and local agencies in developing appropriate model legislation; (6) encourage the formation of local development districts; (6) encourage private investment in industrial, commercial, and recreational projects; (7) serve as a focal point and coordinating unit for Appalachian programs; (8) pl'ovide a forum for consideration of problems of the region and proposed solutions and establish and utilize, as appropriate, citizens and special advisory councils and public conferences; and (9) advise the Secretary of Commerce on applications for grants for administrative expenses to local development districts. RECOMENDATIONS

SEC. 103. The Commission may, from time to time, make recommendations to the President and to the State Governors and appropriate local officials with respect to— (1) the expenditure of funds by Federal, State, and local departments and agencies in the region in the fields of natural resources, agriculture, education, training, health and welfare, and other fields related to the purposes of this Act; and (2) such additional Federal, State, and local legislation or administrative actions as the Commission deems necessary to further the purposes of this Act.

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[79 STAT.

L I A I S O K B E T W E E N FEDERAL G O V E R N M E N T A N D THE COMMISSION

SEC. 104. The President shall provide effective and continuing liaison between the Federal Government and the Commission and a coordinated review within the Federal Government of the plans and recommendations submitted by the Commission pursuant to sections 102 and 103. ADMINISTRATIVE E X P E N S E S OF THE COMMISSION

SEC. 105. (a) For the period ending on June 30 of the second full Federal fiscal year following the date of enactment of this Act, the administrative expenses of the Commission shall be paid by the Federal Government. Thereafter, such expenses shall be paid equally by the Federal Government and the States in the region. The share to be paid by each State shall be determined by the Commission. The Federal Cochairman shall not participate or vote in such determination. No assistance authorized by this Act shall be furnished to any State or to any political subdivision or any resident of any State, nor shall the State member of the Commission participate or vote in any determination by the Commission while such State is delinquent in payment of its share of such expenses. (b) Not to exceed $2,200,000 of the funds authorized in section 401 of this Act shall be available to carry out this section. ADMINISTRATIVE POWERS OF COMMISSION

SEC. 106. To carry out its duties under this Act, the Commission is authorized to— (1) adopt, amend, and repeal bylaws, rules, and regulations governing the conduct of its business and the performance of its functions. (2) appoint and fix the compensation of an executive director and such other personnel as may be necessary to enable the Commission to carry out its functions, except that such compensation shall not exceed the salary of the alternate to the Federal Cochairman on the Commission as provided in section 101. No member, alternate, officer, or employee of the Commission, other than the Federal Cochairman on the Commission, his staff, and his alternate and Federal employees detailed to the Commission under paragraph (3) shall be deemed a Federal employee for any purpose. (3) request the head of any Federal department or agency (who is hereby so authorized) to detail to temporary duty with the Commission such personnel within his administrative jurisdiction as the Commission may need for carr^in^ out its functions, each such detail to be without loss of seniority, pay, or other employee status. (4) arrange for the services of personnel from any State or local government or any subdivision or agency thereof, or any intergovernmental agency.

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PUBLIC LAW 89-4-MAR. 9, 1965

(5) make arrangements, including contracts, with any participating State government for inclusion in a suitable retirement and employee benefit system of such of its personnel as may not be eligible for, or continue in, another governmental retirement or employee benefit system, or otherwise provide for such coverage of its personnel. The Civil Service Commission of the United States IS authorized to contract with the Commission for continued coverage of Commission employees, who at date of Commission employment are Federal employees, in the retirement program and other employee benefit programs of the Federal Government. (6) accept, use, and dispose of gifts or donations of services or property, real, personal, or mixed, tangible or intangible. (7) enter into and perform such contracts, leases, cooperative agreements, or other transactions as may be necessary in carrying out its functions and on such terms as it may deem appropriate, with any department, agency, or instrumentality of the United States or with any State, or any political subdivision, agency, or instrumentality thereof, or with any person, firm, association, or corporation. (8) maintain a temporary office in the District of Columbia and establish a permanent office at such a central and appropriate location as it may select and field offices at such other places as it may deem appropriate. (9) take such other actions and incur such other expenses as may be necessary or appropriate. INFORMATION

SEC. 107. I n order to obtain information needed to carry out its duties, the Commission shall— (1) hold such hearings, sit and act at such times and places, take such testimony, receive such evidence, and print or otherwise reproduce and distribute so much of its proceedings and reports thereon as it may deem advisable, a Cochairman of the Commission, or any member of the Commission designated by the Commission for the purpose, being hereby authorized to administer oaths when it is determined by the Commission that testimony shall be taken or evidence received under oath; (2) arrange for the head of any Federal, State, or local department or agency (who is hereby so authorized to the extent not otherwise prohibited by law) to furnish to the Commission such information as may be available to or procurable by such department or agency; and (3) keep accurate and complete records of its doings and transactions which shall be made available for public inspection, and for the purpose of audit and examination by the Comptroller General or his duly authorized representatives. PERSONAL

FINANCIAL

INTERESTS

SEC. 108. (a) Except as permitted by subsection (b) hereof, no State member or alternate and no officer or employee of the Commission shall participate personally and substantially as member, alternate, officer, or employee, through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or otherwise, in any proceeding, application, request for a ruling or other determination, contract, claim, controversy, or other particular matter in which, to his knowledge, he, his spouse, minor child, partner, organization (other than a State or political subdivision thereof) in 49-850 0-66—4

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76 Stat. 1121.

PUBLIC LAW 89-4-MAR. 9, 1965

[79 STAT.

which he is serving as officer, director, trustee, partner, or employee, or any person or organization with whom he is serving as officer, director, trustee, partner, or employee, or any person or organization with whom he is negotiating or has any arrangement concerning prospective employment, has a financial interest. Any person who shall violate the provisions of this subsection shall be fined not more than $10,000, or imprisoned not more than two years, or both. (b) Subsection (a) hereof shall not apply if the State member, alternate, officer, or employee first advises the Commission of the nature and circumstances of the proceeding, application, request for a ruling or other determination, contract, claim, controversy, or other particular matter and makes full disclosure of the financial interest and receives in advance a written determination made by the Commission that the interest is not so substantial as to be deemed likely to affect the integrity of the services which the Commission may expect from such State member, alternate, officer, or employee. (c) No State member or alternate shall receive any salary, or any contribution to or supplementation of salary for his services on the Commission from any source other than his State. No person detailed to serve the Commission under authority of paragraph (4) of section 106 shall receive any salary or any contribution to or supplementation of salary for his services on the Commission from any source other than the State, local, or intergovernmental department or agency from which he was detailed or from the Commission. Any person who shall violate the provisions of this subsection shall be fined not more than $5,000, or imprisoned not more than one year, or both. (^) Notwithstanding any other subsection of this section, the Federal Cochairman and his alternate on the Commission and any Federal officers or employees detailed to duty with it pursuant to paragraph (3) of section 106 shall not be subject to any such subsection but shall remain subject to sections 202 through 209 of title 18, United States Code. (e) The Commission may, in its discretion, declare void and rescind any contract, loan, or grant of or by the Commission in relation to which it finds that there has been a violation of subsection (a) or (c) of this section, or any of the provisions of sections 202 through 209, title 18, United States Code. TITLE II—SPECIAL APPALACHIAN PROGRAMS PART A — N E W PROGRAMS A P P A L A C H I A N DEVELOPMENT H I G H W A Y

72 Stat. 885.

SYSTEM

SEC. 201. (a) The Secretary of Commerce (hereafter in this section referred to as the "Secretary") is authorized to assist in the construction of an Appalachian development highway system serving the Appalachian region (the length of which shall not exceed two thousand three hundred and fifty miles. I n addition thereto, there are authorized to be constructed not in excess of one thousand miles of local access roads, that will serve specific recreational, residential, commercial, industrial, or other like facilities or will facilitate a school consolidation program). The system, in conjunction with the Interstate System and other Federal-aid highways in the region will provide a highway system which will ppen u p an area or areas with a developmental potential where commerce and communication have been inhibited by lack of adequate access. The provisions of title 23, United States Code, that are applicable to Federal-aid primary highways, and which the Secretary determines are not inconsistent

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with this Act, shall apply to the Appalachian development highway system, and the local access roads. (b) As soon as feasible, the Commission shall submit to the Secretary its recommendations with respect to (1) the general corridor location and termini of the development highways, (2) the designation of local access roads to be constructed, (3) priorities for construction of the local access roads and of the major segments of the development highways, and (4) other criteria for the program authorized by this section. Before any State member participates in or votes on such recommendations, he shall have obtained the recommendations of the State highway department of the State which he represents. (c) The Secretary shall have authority to approve in whole or in part such recommendations or to require modifications or revisions thereof. I n no event shall the Secretary approve any recommendations for any construction which would require for its completion the expenditure of Federal funds (other than funds available under title 23, United States Code) in excess of the appropriation authorizations in subsection (g). On its completion each development highway not already on the Federal-aid primary system shall be added to such system and shall be required to be maintained by the State. (d) In the construction of highways and roads authorized under this section, the States may give special preference to the use of mineral resource materials indigenous to the Appalachian region. (e) For the purposes of research and development in the use of coal and coal products in highway construction and maintenance, the Secretary is authorized to require each participating State, to the maximum extent possible, to use coal derivatives in the construction of not to exceed 10 per centum of the roads authorized under this Act. (f) Federal assistance to any construction project under this section shall not exceed 50 per centum of the costs of such project, unless the Secretary determines, pursuant to the recommendation of the Commission, that assistance in excess of such percentage is required in furtherance of the purposes of this Act, but in no event shall such Federal assistance exceed 70 per centum of such costs. (g) To carry out this section, there is hereby authorized to be appropriated $840,000,000.

11

Submission of recommendations.

Approval authority.

72 Stat. 885.

Use of coal derivatives.

Federal assistance, limitation.

Appropriation.

DEMONSTRATION HEALTH FACILITIES

SEC, 202, (a) In order to demonstrate the value of adequate health and medical facilities to the economic development of the region, the Secretary of Health, Education, and Welfare is authorized to make grants for the construction, equipment, and operation of multicounty demonstration health facilities, including hospitals, regional health diagnostic and treatment centers, and other facilities necessary to health. Grants for such construction (including initial equipment) shall be made in accordance with the applicable provisions of title VI of the Public Health Service Act (42 U,S,C. 291-291z) and the 78 Stat, 447, Mental Retardation Facilities and Community Mental Health Centers 42 Construction Act of 1963 (77 Stat, 282), without regard to any pro- note. u s e 2661 visions therein relating to appropriation authorization ceiling or to allotments among the States. Grants under this section shall be made solely out of funds specifically appropriated for the purpose of carrying out this Act and shall not be taken into account in the computation of the allotments among the States made pursuant to any other provision of law. (b) No grant under this section for construction (including initial equipment) shall exceed 80 per centum of the cost of the project. Not to exceed $41,000,000 of the funds authorized in section 401 shall be available for construction grants under this section.

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PUBLIC LAW 89-4-MAR. 9, 1965

[79 STAT.

(c) Grants under this section for operation (including equipment other than initial equipment) of a project may be made up to 100 per centum of the costs thereof for the two-year period beginning on the first day such project is in operation as a health facility. For the next three years of operations such grants shall not exceed 50 per centum of such costs. No grants for operation of a project shall be made after five years following the commencement of such operations. Not to exceed $28,000,000 of the funds authorized in section 401 of this Act shall be available for operating grants under this section. LAND STABILIZATION, CONSERVATION, AND EROSION CONTROL

Conservation agreements.

Modification or termination of agreements.

Allotment histories, preservation.

SEC. 203. (a) I n order to provide for the control and prevention of erosion and sediment damages in the Appalachian region and to promote the conservation and development of the soil and water resources of the region, the Secretary of Agriculture is authorized to enter into agreements of not more than ten years w4th landowners, operators, and occupiers, individually or collectively, in the Appalachian region determined by him to have control for the period of the agreement of the lands described therein, providing for land stabilization, erosion and sediment control, and reclamation through changes in land use, and conservation treatment including the establishment of practices and measures for the conservation and development of soil, water, w'oodland, wildlife, and recreation resources. (b) The landowner, operator, or occupier shall furnish to the Secretary of Agriculture a conservation and development plan setting forth the appropriate and safe land uses and conservation treatment mutually agreed by the Secretary and the landowner operator, or occupier to be needed on the lands for which the plan was prepared. (c) Such plan shall be incorporated in an agreement under which the landowner, operator, or occupier shall agree with the Secretary of Agriculture to carry out the land uses and conservation treatment provided for in such plan on the lands described in the agreement in accordance with the terms and conditions thereof. (d) In return for such agreement by the landowner, operator, or occupier the Secretary of Agriculture shall be authorized to furnish financial and other assistance to such landowner, operator, or occupier in such amounts and subject to such conditions as the Secretary determines are appropriate and in the public interest for the carrying out of the land uses and conservation treatment set forth in the agreement: Provided, That grants hereunder shall not exceed 80 per centum of the cost of carrying out such land uses and conservation treatment on fifty acres of land occupied by such owner, operator, or occupier. (e) The Secretary of Agriculture may terminate any agreement with a landowner, operator, or occupier by mutual agreement if the Secretary detemiines that such termination would be in the public niterest, and may agree to such modification of agreements previously entered into hereunder as he deems desirable to carry out the purposes of this section or to facilitate the practical administration of the program authorized herein. (f) Notwithstanding any other provision of law, the Secretary of Agriculture, to the extent he deems it desirable to carry out the purposes of this section, may provide in any agreement hereunder for (1) preservation for a period not to exceed the period covered by the agreement and an equal period thereafter of the cropland, crop acreage, and allotment history applicable to land covered by the agreement for the purpose of any Federal program under which such history is used as a basis for an allotment or other limitation on the production of such crop; or (2) surrender of any such history and allotments.

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PUBLIC LAW 89-4-MAR. 9, 1965

(g) The Secretary of Agriculture shall be authorized to issue such rules and regulations as he determines are necessary to c any out the provisions of this section. (h) I n carrying out the provisions of this section, the Secretary of Agriculture shall utilize the services of the Soil Conservation Service, and the State and local committees provided for in section 8(b) of the Soil Conservation and Domestic Allotment Act (16 U.S.C. 590(b)), and is authorized to utilize the facilities, services, and authorities of the Commodity Credit Corporation. The Corporation shall not make any expenditures to carry out the provisions of this subsection unless funds specifically appropriated for such purpose have been transferred to it. (i) Not to exceed $17,000,000 of the funds authorized in section 401 of this Act shall be available to carry out this section.

52 Stat. 3 1. 16 USC S90h.

Limitation.

TIMBER DEVELOPMENT ORGANIZATIONS

SEC. 204. (a) I n order that the region shall more fully benefit from the timber stands that are one of its prime assets, the Secretary of Agriculture is authorized to— (1) provide technical assistance in the organization and operation, under State laAV, of private timber development organizations having as their objective the carrying out of timber development programs to improve timber productivity and quality, and increase returns to landowners through establishment of private nonprofit corporations, which on a self-supporting basis may provide (A) continuity of management, good cutting practices, and marketing services, (B) physical consolidation of small holdings or administrative consolidation for efficient management under long-term agreement, (C) management of forest lands, donated to the timber development organizations for demonstrating good forest management, on a profitable and taxpaying basis, and (D) establishment pf a permanent fund for perpetuation of the work of the corporations to be composed of donations, real or personal, for educational purposes. (2) provide not more than one-half of the initial capital requirements of such timber development organizations through loans under the applicable provisions of the Consolidated Farmers Home Administration Act of 1961 (7 U.S.C. 1926 et seq.). Such loans shall not be used for the construction or acquisition of facilities for manufacturing, processing, or marketing forest products, or for physical consolidation of small timber holdings authorized by (1)(B) above except for the establishment of demonstration units. (b) Xot to exceed $5,000,000 of the funds authorized in section 401 of this Act shall be available to carry out this section. MINING

AREA

75 Stat, 307.

Limitation,

RESTORATION

SEC. 205. (a) In order to further the economic development of the region by rehabilitating areas presently damaged by deleterious mining practices, the Secretary of the Interior is authorized to— (1) make financial contributions to States in the region to seal and fill voids in abandoned coal mines, and to reclaim and rehabilitate existing strip and surface mine areas, in accordance with provisions of the Act of July 15, 1955 (30 U.S.C. 571 et seq.), to the extent applicable, without regard to section 2(b) thereof (30 U.S.C. 572(b)) or to any provisions therein limiting assistance to anthracite coal formation, or to the Commonwealth of Pennsylvania. Grants under this paragraph shall be made

69 Stat. 352. 76 Stat. 934.

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68 Stat. 1009.

50 Stat. 917. 64 Stat. 430.

Federal share of c o s t s.

Strip and surface mining a r e a s, study and survey.

Report to P r e s i dent for t r a n s mittal to Congress.

PUBLIC LAW 89-4-MAR. 9, 1965

[79 STAT.

wholly out of funds specifically appropriated for the purposes of carrying out this Act. (2) plan and execute projects for extinguishing underground and outcrop mine fires in the region in accordance with the provisions of the Act of August 31, 1954 (30 U.S.C. 551 et seq.), without regard to any provisions therein relating to annual appropriation authorization ceilings. Grants under this paragraph shall be made solely out of funds specifically appropriated for the purpose of carrying out this Act. (3) expand and accelerate fish and wildlife restoration projects in the region in accordance with the provisions of the Act of September 2, 1937 (16 U.S.C. 669 et seq.), and the Act of August 9, 1950 (16 U.S.C. 777 et seq.), without regard to any provisions therein relating to apportionments among the States and to limitations on the availability of funds. The expenses of projects under this paragraph shall be paid solely out of funds specifically appropriated for the purpose of carrying out this Act, and shall not be taken into account in the computation of the apportionments among the States pursuant to any other provisions of law. (b) For the fiscal years 1966 and 1967, notwithstanding any other provision of law, the Federal share of mining area restoration projects carried out under subsection (a) of this section and conducted on lands other than federally owned lands shall not exceed 75 per centum of the total cost thereof. (c) The Congress hereby declares its intent to provide for a study of a comprehensive, long-range program for the purpose of reclaiming and rehabilitating strip and surface mining areas in the United States. To this general end, the Secretary of the Interior shall, in full cooperation with the Secretary of Agriculture, the Tennessee Valley Authority, and other appropriate Federal, State, and local departments and agencies, and with the Commission, make a survey and study of strip and surface mining operations and their effects in the United States. The Secretary of the Interior shall submit to the President his recommendations for a long-ran^e comprehensive program for reclamation and rehabilitation of strip and surface mining areas in the United States and for the policies under which the program should be conducted, and the President shall submit these to the Congress, together with his recommendations, not later than July 1, 1987. By July 1, 1966, the Secretary shall make an interim report to the Commission summarizing his findings to that date on those aspects of strip and surface mining operations in the region that are most urgently in need of attention. Such study and recommendations shall include, but not be limited to, a consideration of the following matters— (1) the nature and extent of strip and surface mining operations in the United States and the conditions resulting therefrom; (2) the ownership of the real property involved in strip and surface mining operations; (3) the effectiveness of past action by States or local units of government to remedy the adverse effects of strip and surface mining operation by financial or regulatory measures, and requirements for appropriate State legislation, including adequate enforcement thereof, to provide for proper reclamation and rehabilitation of areas which may be strip and surface mined in the future; (4) the public interest in and public benefits which may result from reclamation, rehabilitation, and appropriate development and use of areas subjected to strip and surface mining operations,

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including (A) economic development growth, (B) public recreation, (C) public health and safety, (D) water pollution, stream sedimentation, erosion control, and flood control, (E) highway programs, (F) fish and wdldlife protection and restoration, (G) scenic values, and (H) forestry and agriculture; (5) the appropriate roles of Federal, Stat«, and private interests in the reclamation and rehabilitation of strip and surface mining areas and the relative costs to be borne by each, including specific consideration of (A) the extent, if any, to which strip and surface mine operators are unable to bear the cost of remedial action within the limits imposed by the economics of such mining activity, and (B) the extent to which the prospective value of lands and other natural resources, after remedial work has been completed, would be inadequate to justify the landowners doing the remedial work at their expense; and (6) the objectives and the total overall costs of a program for accomplishing the reclamation and rehabilitation of existing strip and surface mining areas in the United States, giving adequate consideration to (A) the economic benefits in relation to costs, (B) the prevention of future devastation of reclaimed and rehabilitated areas, (C) the avoidance of unwarranted financial gain to private owners of improved property, and (D) the types of aid required to accomplish such reclamation and rehabilitation. (d) Not to exceed $36,500,000 of the funds authorized in section 401 of this Act shall be available to carry out this section. No moneys authorized by this Act shall be expended for the purposes of reclaiming, improving, grading, seeding, or reforestation of strip-mined areas (except on lands owned by Federal, State, or local bodies of govermnent) until authorized by law after completion of the study and report to the President as provided in subsection (c) of this section.

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Limitation.

WATER RESOURCE SURVEY

SEC. 206. (a) The Secretary of the Army is hereby authorized and directed to prepare a comprehensive plan for the development and efficient utilization of the water and related resources of the Appalachian region, giving special attention to the need for an increase in the production of economic goods and services within the region as a means of expanding economic opportunities and thus enhancing the welfare of its people, which plan shall constitute an integral and harmonious component of the regional economic development program authorized by this Act. (b) This plan may recommend measures for the control of floods, the regulation of the rivers to enhance their value as sources of water supply for industrial and municipal development, the generation of hydroelectric power, the prevention of water pollution by drainage from mines, the development and enhancement of the recreational potentials of the region, the improvement of the rivers for navigation where this would further industrial development at less cost than would the improvement of other modes of transportation, the conservation and efficient utilization of the land resource, and such other measures as may be found necessary to achieve the objectives of this section. (c) To insure that the plan prepared by the Secretary pf the Army shall constitute a harmonious component of the regional program, he shall consult with the Commission and the following: the Secretary of Agriculture, the Secretary of Commerce, the Secretary of Health, Education, and Welfare, the Secretary of the Interior, the Tennessee Valley Authority, and the Federal Power Commission.

F l o o d control, etc.

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[79 STAT.

(d) The plan prepared pursuant to this section shall be submitted to the Commission. The Commission shall submit the plan to the President with a statement of its views, and the President shall submit the plan to the Congress with his recommendations not later than December 31, 1968. ^®) "^^^ Federal agencies referred to in subsection (c) of this section are hereby authorized to assist the Secretary of the Army in the preparation of the plan authorized by this section, and the Secretary of the Army is authorized to enter into and perform such contracts, leases, cooperative agreements, or other transactions as may be necessary to the preparation of this plan and on such terms as he may deem appropriate, with any department, agency, or instrumentality of the United States or with any State, or any political subdivision, agency, or instrumentality thereof, or with any person, firm, association, or corporation. (f) The plan to be prepared by the Secretary of the Army pursuant to this section shall also be coordinated with all comprehensive river basin plans heretofore or hereafter developed by United States study commissions, interagency comniittees, or similar planning bodies, for those river systems draining the Appalachian region. (g) Not to exceed $5,000,000 of the funds authorized in section 401 of this Act shall be available to carry out this section. PART B—SUPPLEMENTATIONS AND MODIFICATIONS or EXISTING PROGRAMS VOCATIONAL EDUCATION EACILITIES

SEC. 211. (a) I n order to provide basic facilities to give the people of the region the training and education they need to obtain employment, the Secretary of Health, Education, and Welfare is authorized to make grants for construction of the school facilities needed for the provision of vocational education in areas of the region in which such education is not now adequately available. Such grants shall be made in accordance with the provisions of the Vocational Education Act of 20 USC 35 note. ^QQ^ ^77 g|-j^^^ 403), without regard to any provisions therein relating to appropriation authorization ceilings or to allotments among the States. Grants under this section shall be made solely out of funds specifically appropriated for the purpose of carrying out this Act, and shall not oe taken into account in the computation of the allotments among the States made pursuant to any other provision of law. (b) Not to exceed $16,000,000 of the funds authorized in section 401 of this Act shall be available to carry out this section. SEWAGE TREATMENT WORKS

^g7o^stau^498;

SEC. 212. (a) In order to provide facilities to assist in the prevention of pollution of the region's streams and to protect the health and welfare of its citizens, the Secretary of Health, Education, and Welfare is authorized to make grants for the construction of sewage treatment works in accordance with the provisions of the Federal Water Pollution Coutrol Act (33 U.S.C. 466 et seq.), without regard to any provisions therein relating to appropriation authorization ceilings or to allotments among the States. Grants under this section shall be made solely out of funds specifically appropriated for the purpose of carrying out this Act, and shall not be taken into account in the computation of the allotments among the States pursuant to any other provision of law.

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17

(b) Not to exceed $6,000,000 of the funds authorized in section 401 of this Act shall be available to carry out this section. AMENDMENTS TO H O U S I N G ACT OF 1954

SEC. 213. (a) Section 701(a) of the Housing Act of 1954 (40 U.S.C. 461(a)) is amended by striking the word "and" at the end of para- 78^stat%q2^793 graph (7), by substituting for the period at the end of paragraph (8) the phrase "; and", and by adding a new paragraph (9) to read as follows: "(9) the Appalachian Kegional Commission, established by the Appalachian Regional Development Act of 1965, for comprehensive planning for the Appalachian region as defined by section 403 of such Act." (b) Section 701(b) of the Housing Act of 1954 (40 U.S.C. 461 (b)), is amended by adding before the period at the end of the first sentence the following: ", to States participating in planning for Appalachian regional programs, for expenses incurred in the course of such planning, or to the Appalachian Regional Commission". S U P P L E M E N T S TO FEDERAL G R A N T - I N - A I D PROGRAMS

SEC. 214. (a) I n order to enable the people, States, and local communities of the region, including local development districts, to take maximum advantage of Federal grant-in-aid programs (as hereinafter defined) for which they are eligible but for which, because of their economic situation, they cannot supply the required matching share, the Secretary of Commerce is authorized, pursuant to specific recommendations of the Commission approved by him and after consultation with the appropriate Federal officials, to allocate funds appropriated to carry out this section to the heads of the departments, agencies, and instrumentalities of the Federal Government responsible for the administration of such Federal grant-in-aid programs. Funds so allocated shall be used for the sole purpose of increasing the Federal contribution to projects under such programs above the fixed maximum portion of the cost of such project otherwise authorized by the applicable law. Funds shall be so allocated for Federal grant-in-aid programs for which funds are available under the Act authorizing such programs. Such allocations shall be available without regard to any appropriation authorization ceilings in such Act. (b) The Federal portion of such costs shall not be increased in excess of the percentages established by regulations promulgated by the Secretary of Commerce, and such regulations shall in no event authorize the Federal portion of such costs to exceed 80 per centum thereof. (c) The term "Federal grant-in-aid programs" as used in this section means those Federal grant-in-aid programs authorized by this Act for the construction or equipment of facilities, and all other Federal grant-in-aid programs authorized on or before the effective date of this Act by Acts other than this Act for the acquisition of land and the construction or equipment of facilities, including but not limited to grant-in-aid programs authorized by the following Acts: Federal Water Pollution Control Act; Watershed Protection and Flood Prevention Act; title VI of the Public Health Service Act; Vocational Education Act of 1963; Library Services Act; Federal Airport Act; part IV of title III of the Communications Act of 1934; Higher Education Facilities Act of 1963; Land and Water Conservation Fund Act of 1965; National Defense Education Act of 1958. The term shall not include (A) the program for the construction of the development highway system authorized by section 201

. '^^^'^^'•^\^'"°"*; ^""^^ programs.

jg^usc^iooi""'^' note; 42 USC 291; 20 USC 35 note. iiornlte;^4'7 USC 390-397; 20 USC 4°o«-4*n;Je;;"^^ 20 USC 401 note.

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PUBLIC LAW 89-4-MAR. 9, 1965

[79 STAT.

of this Act or any other program relating to highway or road construction, or (B) any other program for which loans or other Federal financial assistance, except a grant-in-aid program, is authorized by this or any other Act. (d) Not to exceed $90,000,000 of the funds authorized in section •401 of this Act shall be available to carry out this section. PART C — GENERAL PROVISIONS MAINTENANCE OF EFFORT

SEC. 221. No State and no political subdivision of such State shall be eligible to receive benefits under this Act unless the aggregate expenditures of State funds, exclusive of Federal funds, for the benefit of the area within the State located in the region are maintained at a level which does n^ot fall below the average level of such expenditures for its last two full fiscal years preceding the date of enactment of this Act. I n computing the average level of expenditure for its last two fiscal years, a State's past expenditure for participation in the National System of Interstate and Defense Highways shall not be included. The Commission shall recommend to the President or such Federal officer or officers as the President may designate, a lesser requirement when it finds that a substantial population decrease in that portion of a State which lies within the region would not justify a State expenditure equal to the average level of the last two years or when it finds that a State's average level of expenditure, within an individual program, has been disproportionate to the present need for that portion of the State which lies within the region. C O N S E N T OF STATES

SEC. 222. Nothing contained in this Act shall be interpreted as requiring any State to engage in or accept any program under this Act without its consent. PROGRAM I M P L E M E N T A T I O N

SEC. 223. A program and projects authorized under any section of this title shall not be implemented until (1) the Commission has consulted with the appropriate official or officials concerned with such program and projects as may be designated by the Governor or Governors of the State or States involved and has obtained the recommendations of such official or officials with respect to such program and projects and (2) plans with respect to such program and projects have been recommended by the Commission and have been submitted to and approved or modified by the President or such Federal officer or officers as the President may designate. PROGRAM DEVELOPMENT CRITERIA

SEC. 224. (a) I n developing recommendations on the programs and projects to be given assistance under this Act, and in establishing within those recommendations a priority ranking of the requests for assistance presented to the Commission, the Commission shall follow procedures that will insure consideration of the following factors: (1) the relationship of the project or class of projects to overall regional development including its location in an area determined by the State have a significant potential for growth; (2) the population and area to be served by the project or class of projects including the relative per capita income and the unemployment rates in the area;

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 79 STAT. ]

PUBLIC LAW 89-4-IVlAR. 9, 1965

(3) the relative financial resources available to the State or political subdivisions or instrumentalities thereof which seek to undertake the project; (4) the importance of the project or class of projects in relation to other projects or classes of projects which may be in competition for the same funds; (5) the prospects that the project for which assistance is sought will improve, on a continuing rather than a temporary basis, the opportunities for employment, the average level of income, or the economic and social development of the area served by the project. (b) No financial assistance shall be authorized under this Act to be used (1) in relocating any establishment or establishments from one area to another; (2) to finance the cost of industrial plants, commercial facilities, machinery, working capital, or other industrial facilities or to enable plant subcontractors to undertake work theretofore performed in another area by other subcontractors or contractors; (3) to finance the cost of facilities for the generation, transmission, or distribution of electric energy; or (4) to finance the cost of facilities for the production, transmission, or distribution of gas (natural, manufactured, or mixed). TITLE III—ADMINISTRATION LOCAL DEVELOPMENT

DISTRICTS

CERTIFICATION

SEC. 301. For the purposes of this Act, a "local development district" shall be an entity certified to the Commission either by the Governor of the State or States in which such entity is located, or by the State officer designated by the appropriate State law to make such certification, as having a charter or authority that includes the economic development of counties or parts of counties or other political subdivisions within the region. No entity shall be certified as a local development district for the purposes of this Act unless it is one of the following: (1) a nonprofit incorporated body organized or chartered under the law of the State m which it is located; (2) a nonprofit agency or instrumentality of a State or local government; (3) a nonprofit agency or instrumentality created through an interstate compact; or (4) a nonprofit association or combination of such bodies, agencies, and instrumentalities. GRANTS FOR ADMINISTRATIVE E X P E N S E S OF LOCAL DEVELOPMENT DISTRICTS A N D FOR RESEARCH A N D D E M O N S T R. \ T I 0 N PROJECTS

SEC. 302. (a) The Secretary of Commerce is authorized— (1) either directly or through arrangements with the Commission, to make grants for administrative expenses to local development districts. The amount of any such grant shall not exceed 75 per centum of such expenses in any one fiscal year. No grants for administrative expenses shall be made to a local development district for a period in excess of three years beginning on the date the initial grant is made to such development district. The local contributions for administrative expenses may be in cash or in kind, fairly evaluated, including but not limited to space, equipment, and services; and (2) either directly or through arrangements with appropriate public or private organizations (including the Commission), to

19

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 20

Records, maintenance and availability.

R e s e a r c h and development activities.

PUBLIC LAW 89-4-MAR. 9, 1965

[79 STAT.

provide funds for investigation, research, studies, and demonstration projects, but not for construction purposes, which will further the purposes of this Act. (b) Recipients of Federal assistance under the provisions of this section shall, in accordance with regulations to be promulgated by the Secretary of Commerce, maintain accurate and complete records of transactions and activities financed with Federal funds and report thereon to the Secretary of Commerce. The records of the recipient shall be available for audit with respect to such grants by the Secretary of Commerce and the Comptroller General, or their duly authorized representatives. (c) Not to exceed $5,500,000 of the funds authorized in section 401 of this Act shall be available to carry out this section. (d) No part of any appropriated funds may be expended pursuant to authorization given by this Act involving any scientific or technological research or development activity unless such expenditure is conditioned upon provisions effective to insure that all information, copyrights, uses, processes, patents, and other developments resulting from that activity will be made freely available to the general public. Nothing contained in this subsection shall deprive the owner of any background patent relating to any such activity, without his consent, of any ri^ht which that owner may have under that patent. Whenever any information, copyright, use, process, patent or development resulting from any such research or development activity conducted in whole or in part with appropriated funds expended under authorization of this Act is withheld or disposed of by any person, organization, or agency in contravention of the provisions of this subsection, the Attorney General shall institute, upon his own motion or upon request made by any person having knowledge of pertinent facts, an action for the enforcement of the provisions of this subsection in the district court of the United States for any judicial district in wiich any defejidant resides, is found, or has a place of business. Such court shall have jurisdiction to hear and determine such action, and to enter therein such orders and decrees as it shall determine to be required to carry into effect fully the provisions of this subsection. Process of the district court for any judicial district in any action instituted under this subsection may be served in any other judicial district of the United States by the United States marshal thereof. Whenever it appears to the court in which any such action is pending that other parties should be brought before the court in such action, the court may cause such other parties to be summoned from any judicial district of the United States. PROJECT APPROVAL

SEC. 303. An application for a grant or for any other assistance for a program or project under this Act shall be made only by a State, a political subdivision of a State, or a local development district. Each such application shall be made through the State member of the Commission representing such applicant, and such State member shall evaluate such application for approval. Only applications for programs-and projects which are approved by a State member as meeting the requirements for assistance under the Act shall be approved for assistance by the Commission. A N N U A L REPORT

SEC. 304. Not later than six months after the close of each fiscal year, the Commission shall prepare and submit to the Governor of each State in the resrion and to the President, for transmittal to the

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 79 STAT.]

PUBLIC LAW 89-4-MAR. 9, 1965

21

Congress, a report on the activities carried out under this Act during such year. TITLE

IV—APPROPRIATIONS AND PROVISIONS

MISCELLANEOUS

AUTHORIZATION OF APPROPRIATIONS

SEC. JrOl. In addition to the appropriations authorized in section 201 for the Appalachian development highway system, there is hereby authorized to be appropriated for the period ending June 30, 1967, to be available until expended, not to exceed $252,400,000 to carry out this Act. A P P L I C A B L E LABOR STANDARDS

SEC. 402. All laborers and mechanics employed by contractors or subcontractors in the construction, alteration, or repair, including painting and decorating, of projects, buildings, and works which are nnancially assisted through the Federal funds authorized under this Act, shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor in accordance with the Davis-Bacon Act, as amended (40 U.S.C. 276a—276ar-5). The Secretary of Labor shall have with respect to such labor standards, the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (15 F.R. 3176, 64 Stat. 1267, 5 U.S.C. 133—133Z-15), and section 2 of the Act of June 13, 1934, as amended (48 Stat. 948, as amended; 40 U.S.C. 276 (c)).

"^gtat^*' ^°^^' ^ ' ^' ^ use usz-is 63 Stat. los.

note.

DEFINITION OF A P P A L A C H I A N REGION

SEC. 403. As used in this Act, the term "Appalachian region" or "the region" means that area of the eastern United States consisting of the following counties (including any political subdivision located within such area): I n Alabama, the counties of Bibb, Blount, Calhoun, Chambers, Alabama. Cherokee, Chilton, Clay, Cleburne, Colbert, Coosa, Cullman, De Kalb, Elmore, Etowah, Fayette, Franklin, Jackson, Jefferson, Lauderdale, Lawrence, Limestone, Madison, Marion, Marshall, Morgan, Randolph, Saint Clair, Shelby, Talladega, Tallapoosa, Tuscaloosa, Walker, and Winston; I n Georgia, the counties of Banks, Barrow, Bartow, Carroll, '^^°''Catoosa, Chattooga, Cherokee, Dade, Dawson, Douglas, Fannin, Floyd, Forsyth, Franklin, Gilmer, Gordon, Gwinnett, Habersham, Hall, Haralson, Heard, Jackson, Lumpkin, Madison, Murray, Paulding, Pickens, Polk, Rabun, Stephens, Towns, Union, Walker, White, and Whitfield; In Kentucky, the counties of Adair, Bath, Bell, Boyd, Breathitt, Kentucky. Carter, Casey, Clark, Clay, Clinton, Cumberland, Elliott, Estill, Fleming, Floyd, Garrard, Green, Greenup, Harlan, Jackson, Johnson, Knott, Knox, Laurel, Lawrence, Lee, Leslie, Letcher, Lewis, Lincoln, McCreary, Madison, Magoffin, Martin, Menifee, Monroe, Montogomery, Morgan, Owsley, Perry, Pike, Powell, Pulaski, Rockcastle, Rowan, Russell, Wayne, Whitley, and Wolfe;

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 22 Maryland. North Carolina.

Ohio.

Pennsylvania.

South Carolina. Tennessee.

Virginia.

West Virginia. N e w York. Study.

PUBLIC LAW 89-4-MAR. 9, 1965

[79 STAT.

I n Maryland, the counties of Allegany, Garrett, and Washington; I n North Carolina, the counties of Alexander, Alleghany, Ashe, Avery, Buncombe, Burke, Caldwell, Cherokee, Clay, Davie, Forsyth, Graham, Haywopd, Henderson, Jackson, McDowell, Macon, Madison, Mitchell, Polk, Rutherford, Stokes, Surry, Swain, Transylvania, Watauga, Wilkes, Yadkin, and Yancey; I n Ohio, the counties of Adams, Athens, Belmont, Brown, Carroll, Clermont, Coshocton, Gallia, Guernsey, Harrison, Highland, Hocking, Holmes, Jackson, Jefferson, Lawrence, Meigs, Monroe, Morgan, Muskingum, Noble, Perry, Pike, Ross, Scioto, Tuscarawas, Vinton, and Washington; In Pennsylvania, the counties of Allegheny, Armstrong, Beaver, Bedford, Blair, Bradford, Butler, Cambria, Cameron, Carbon, Centre, Clarion, Clearfield, Clinton, Columbia, Crawford, Elk, Erie, Fayette, Forest, Fulton, Greene, Huntingdon, Indiana, Jefferson, Juniata, Lackawanna, Lawrence, Luzerne, Lycoming, McKean, Mercer, Miiflin, Monroe, Montour, Northumberland, Perry, Pike, Potter, Schuylkill, Snyder, Somerset, Sullivan, Susquehanna, Tioga, Union, Venango, Warren, Washington, Wayne, Westmoreland, and Wyoming; In South Carolina, the counties of Anderson, Cherokee, Greenville, Oconee, Pickens, and Spartanburg; I n Tennessee, the counties of Anderson, Bledsoe, Blount, Bradley, Campbell, Carter, Claiborne, Clay, Cocke, Coffee, Cumberland, De Kalb, Fentress, Franklin, Grainger, Greene, Grundy, Hamblen, Hamilton, Hancock, Hawkins, Jackson, Jefferson, Johnson, Knox, Loudon, McMinn, Macon, Marion, Meigs, Monroe, Morgan, Overton, Pickett, Polk, Putnam, Rhea, Roane, Scott, Sequatchie, Sevier, Smith, Sullivan, Unicoi, Union, Van Buren, Warren, Washington, and White; In Virginia, the counties of Alleghany, Bath, Bland, Botetourt, Buchanan, Carroll, Craig, Dickenson, Floyd, Giles, Grayson, Highland, Lee, Pulaski, Russell, Scott, Smyth, Tazewell, Washington, Wise, and Wythe; All the counties of West Virginia: Provided, That the Commission is hereby authorized and directed to study and consider, in consultation with the Governor of the State of New York or an appropriate official or officials designated by him, the inclusion of such counties of the State of New York as are contiguous to the Appalachian region as defined in this section and counties contiguous thereto in the Appalachian region for the purposes of this Act; and if the Commission shall decide after such consultation, that these counties share the social and economic characteristics of the region, and that the inclusion of these counties would further the purposes of this Act as set forth in section 2, then the Commission is authorized and directed to invite the State of New York to participate in the Commission on an appropriate basis: Provided further, That the Commission may extend the invitation to the State of New York for inclusion of such of the described counties the inclusion of which would further the purposes of the Act: And provided further, That if such invitation is duly accepted by the State of New York,

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 79

STAT.]

PUBLIC LAW

89'6-MAR.

24, 1965

23

those counties shall be included in "the region" or "the Appalachian region" for the purposes of this Act. SEVERABILITY

SEC. 404. If any provision of this Act, or the applicapility thereof to any person or circumstance, is held invalid, the remainder of this Act, and the application of such provision to other persons or circumstances, shall not be affected thereby. TERMINATION

SEC. 405. This Act shall cease to be in effect on July 1, 1971. Approved March 9, 1965.

Public Law 89-5 AN ACT To promote public knowledge of progress and achievement in a s t r o n a u t i c s and related sciences through the designation of a special day in honor of Doctor Robert Hutchings Goddard, the father of modern rockets, missiles, and astronautics.

Be It enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Congress hereby finds that rapid advances and developments in the fields of astronautics and related sciences are having an increasing impact on the daily lives of the people, the national security, and long-range human progress. I t is therefore desirable and appropriate that steps be taken to promote greater public knowledge of the progress and achievement being brought about in these fields, and for that purpose to provide for special recognition and honor to Doctor Robert Hutchings Goddard, the father of modern rockets, missiles, and astronautics, and to designate and set aside a special day to honor his memory and his accomplishments. SEC. 2. (a) The Administrator of the National Aeronautics and Space Administration shall provide for appropriate ceremonies, meetings, and other activities on March 16, 1965, said day to be known and celebrated as Goddard Day in honor of the epochal achievements in these fields by the late Doctor Robert Hutchings Goddard. (b) The President is authorized and requested to issue a proclamation calling upon omcials of the Government and the public to participate in the ceremonies, meetings, and other activities held in observance of Goddard Day. Approved March 12, 1965.

March 12, 1965 [S. 3oi]

Dr. Robert H. Goddard day.

presidential

proclamation.

Public Law 89-6 AN ACT To amend the Inter-American Development Bank Act to authorize the United States to participate in an increase in the resources of the F u n d for Special Operations of the I liter-American Development Bank.

March 24, 1965 [H. R. 45]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the InterAmerican Development Bank Act (22 U.S.C. 283-283i) is amended ^ ^I^^S^*- ^^^' by adding at the end thereof the following new section: ^' '

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 24

Appropriation.

Loan disapproval by U.S.

77 Stat. 366; 78 Stat. 1013. 22 USC 2370.

PUBLIC LAW 89.7-MAR. 29, 1965

[79 STAT.

"SEC. 14. (a) The United States Governor of the Bank is hereby authorized to vote in favor of the resolution entitled 'Increase of Resources of the Fund for Special Operations' proposed by the Governors at their annual meeting in April 1964, and now pending before the Board of Governors of the Bank. Upon the adoption of such resolution, the United States Governor is authorized to agree, on behalf of the United States, to pay to the Fund for Special Operations of the Bank, the sum of $750,000,000, in accordance with and subject to the terms and conditions of such resolution. "(b) There is hereby authorized to be appropriated without fiscal year limitation, for the United States share in the increase in the resources of the Fund for Special Operations of the Bank, the sum of $750,000,000. "(c) With respect to any dollars herein provided, the voting power of the t^nited States shall be exercised for the purpose of disapproving any loan from the Fund for Special Operations of the Bank for any project, enterprise, or activity in any country, during any period for which the President has suspended assistance to the government of such country because of any action taken on or after January 1, 1962, by the government of such country or any government agency or subdivision within such country as specified in paragraph (A), (B), or (C) of subsection (e)(1) of section 620 of the Foreign Assistance Act of 1961, as amended, and the failure of such country within a reasonable time to take appropriate steps to discharge its obligations or provide relief in accordance with the provisions of such subsection." Approved March 24, 1965.

Public Law 89-7 March 29, 1965 [S. J. R e s. 481

Bennett p l a c e commemoration. Proclamation.

JOINT RESOLUTION To provide for Bennett Place commemoration.

Whereas a profound spirit of unity among Americans underlies this Nation's greatness; and Whereas a striking and memorable example of that spirit of unity pervaded the negotiations between General William T. Sherman and General Joseph E. Johnston when those opposing commanders in their search for peace met at the Bennett House, near the city of Durham, North Carolina, in April of 1865; and Whereas through the diligent and unselfish labors of the Bennett Place Memorial Commission over long years, the Bennett House, together with its grounds and appurtenant buildings, has been carefully preserved and now comprises an official State historic site, administered by the State of North Carolina, so that the Bennett Place today stands as a permanent symbol of the Nation's unity; and Whereas the people of North Carolina, imbued with the same sense of unity and concord that characterized the Johnston-Sherman Bennett Place conferences a century ago, and wishing to commemorate the centennial of those conferences, will hold appropriate ceremonies at the Bennett Place, near the city of Durham, on April 25, 1965; and Whereas the Governor of the State of North Carolina, the city of Durham, and Bennett Place Memorial Commission have invited the people of the United States to attend those ceremonies: Therefore be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the President of the United States is authorized and requested to issue a proclamation, on

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 79 STAT.]

PUBLIC LAW 89-8-MAR. 29, 1965

25

or before April 1, 1965, reminding the American people of the spirit of national unity that is symbolized by the Bennett Place, near the city of Durham, North Carolina, and urging those who can do so to attend the commemorative ceremonies to be held by the people of North Carolina at the Bennett Place on April 25, 1965. SEC. 2. Departments and agencies of the Government of the United States, including the Civil W a r Centennial Commission, are hereby requested to cooperate with the Governor of the State of North Carolina, with other public officers, and with governmental agencies of said State, and with the city of Durham, and the Bennett Place Memorial Commission in planning and carrying out the aforementioned commemorative ceremonies. Approved March 29, 1965. Public Law 89-8 JOINT RESOLUTION To authorize the President to designate the week of May 2 through May 8, 1965, a s "Professional Photography Week".

March 29, 1965 [S. j. Res. 47]

Whereas professional photography is vital to the economy and welfare of our Nation, touching upon every aspect of this country's economic, scientific, industrial, and family life; and Whereas one hundred and fifty thousand men and women are engaged in the practice of professional photography; and Whereas a billion-dollar industry is generated and supported by the activities of the professional photographer: and Whereas the work of the professional photographer is used by industry in product design, research, manufacture, the promotion of safety, training, purdiasing and sales; and Whereas professional photography communicates and educates and illustrates in advertising, in our courts, on our farms; and Whereas in our reach toward outer space, in our search of the ocean's depth, and in research in our hospitals and laboratories throughout the land the professional photographer serves the cause of science; and Whereas the professional photographer records history for our edification today and the benefit of our posterity; and Whereas professional photography as an art form has enriched the cultural life of America; and Whereas professional photography continues in its traditional role of remembrance and recording those we love: Therefore be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That as a tribute to the professional professional photographer and his many works and in recognition of ^^ro^iTmati^!^''' the importance of professional photography in our life today and in America's future, the President is authorized to issue a proclamation designating the week beginning May 2 through May 8, 1965, as Professional Photography Week, and calling upon the people of the United States to observe such week with appropriate ceremonies and activities. Approved March.29, 1965.

49-850 0-66—5

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PUBLIC LAW 89-9-APR. 2, 1965

1

[79 STAT:

Public Law 89-9 April 2. 1965 [H. R. 1496]

Zinc, lead, copper

Dlsposai.

60 Stat. 59 6.

73 Stat. 607.

AN ACT To authorize the release of certain quantities of zinc, lead, and copper from either the national stockpile or the supplemental stockpile, or both.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Administrator of General Services is hereby authorized to dispose of^ by negotiation or otherwise, from either the national stockpile established pursuant to the Strategic and Critical Materialsi Stock Piling Act (50 U.S.C. 98-98h) or the supplemental stockpile established pursuant to section 104(b) of the Agricultural Trade Development and Assistance Act of 1954 (7 U.S.C. 1704(b)), or from both such stockpiles, (1) approximately one hundred and fifty thousand short tons of zinc, (2) approximately one hundred and fifty thousand short tons of lead, and (3) approximately one hundred thousand short tons of copper (part or all of which may be supplied in the form of brass and bronze, taking into account onl^ the copper content thereof). The disposals authorized by this section may be made without regard to the provisions of section 3 of the Strategic and Critical Materials Stock Piling Act, but the time and method of the disposals shall be fixed with due regard to the protection of the United States against avoidable loss and the protection of producers, processors, and consumers against avoidable disruption of their usual markets. SEC. 2. The Administrator is also authorized, without regard to the provisions of the Strategic and Critical Materials Stock Piling Act, to make available an additional fifty thousand short tons of zinc and an additional fifty thousand short tons of lead now held in either the national stockpile or the supplemental stockpile, or both such stockpiles, for direct use by agencies of the United States Government. Approved April 2, 1965.

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 79 STAT. ]

PUBLIC LAW 89-10-APR. 11, 1965

27

Public Law 89-10 AN ACT To strengthen and improve educational quality and educational oppoitunitie!S i n the Nation's elementary and secondary sch(X)ls.

April 11. 1965 [H. R. 23(32]

Be it enacted by the Senate and House of RejJt'eHentatlves of the United States of America in Congress assembled, That this Act may gecondariEdT^ be cited as the "Elementary and Secondary Education Act of 1965". tion°Act of iges." TITLE I — F I N A N C I A L A S S I S T A N C E TO LOCAL EDUCATIONAL AGENCIES FOR THE EDUCATION OF CHILD R E N O F LOW-INCOME F A M I L I E S AND E X T E N S I O N OF P U B L I C L A W 874, E I G H T Y - F I R S T CONGRESS SEC. 2. The Act of September 30, 1950, Public Law 874, Eighty-first Congress, as amended (2^ U.S.C. 236-244), is amended by inserting:

64 Stat. noo.

" TITLE I — F I N A N C I A L A S S I S T A N C E FOR LOCAL EDUCAT I O N A L A G E N C I E S I N A R E A S A F F E C T E D BY FEDERAL ACTIVITY" immediately above the heading of section 1, by striking out "this Act*' wherever it appears in sections 1 through 6, inclusive (other than where it appears in clause (B) of section 4(a)), and inserting in lieu thereof "this title", and by adding immediately after section 6 the following new title: " TITLE II — F I N A N C I A L A S S I S T A N C E TO LOCAL EDUCATIONAL AGENCIES FOR THE EDUCATION OF CHILD R E N O F LOW-INCOME F A M I L I E S "DECLARATION OF POLICY

"SEC. 201. In recognition of the sjjecial educational needs of children of low-income families and the impact that concentrations of lowincome families have on the ability of local educational agencies to support adequate educational programs, the Congress hereby declares it to be the policy of the United States to provide financial assistance (as set forth in this title) to local educational agencies serving areas with concentrations of children from low-income families to expand and improve their educational programs by various means (including preschool programs) which contribute particularly to meeting the special educational needs of educationally deprived children. "KIXDS AND DURATIOX OF GRANTS

"SEC. 2<)2. The Commissioner shall, in accordance with the provisions of this title, make payments to State educational agencies for basic grants to local educational agencies for the period beginning July 1, 1965, and ending June 30, 1968, and he shall make payments to State educational agencies for special incentive grants to local educational agencies for the period beginning July 1, 1966, and ending June 30, 1968.

6? Stat. 53^?. 20 USC 239.

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PUBLIC LAW 89-10-APR. 11, 1965 u BASIC GRANTS

42 USC'6oY'609

"Average per twe."^"^^^"^ '"

[79 STAT.

A M O U N T AND E L I G I B I L I T Y

"SEC. 203. (a)(1) From the sums appropriated for making basic grants under this title for a fiscal year, the Commissioner shall reserve such amount, but not in excess of 2 per centum thereof, as he may determine and shall allot such amount among Puerto Rico, Guam, American Samoa, the Virgin Islands, and the Trust Territory of the Pacific Islands according to their respective need for such grants. The maximum basic grant which a local educational agency in Puerto Rico, Guam, American Samoa, the Virgin Islands, and the Trust Territory of the Pacific Islands shall be eligible to receive shall be determined pursuant to such criteria as the Commissioner determines will best carry out the purposes of this title. "(2) I n any case in which the Commissioner determines that satisfactory data for that purpose are available, the maximum basic grant which a local educational agency in a State shall be eligible to receive under this title for any fiscal year shall be (except as provided in paragraph (3)) an amount equal to the Federal percentage (established pursuant to subsection (c)) of the average per pupil expenditure in that State multiplied by the sum of (A) the number of children aged five to seventeen, inclusive, in the school district of such agency, of families having an annual income of less than the low-income factor (established pursuant to subsection (c)), and (B) the number of children of such ages in such school district of families receiving an annual income in excess of the low-income factor (as established pursuant to subsection (c)) from payments under the program of aid to families with dependent children under a State plan approved under ^^^^^ ^^ ^^ ^^^^ Social Security Act. I n any other case, the maximum basic grant for any local educational agency in a State shall be determined on the basis of the aggregate maximum amount of such grants for all such agencies in the county or counties in which the school district of the particular agency is located, which aggregate maximum amount shall be equal to the Federal percentage of such per pupil expenditure multiplied by the number of children of such ages and families in such county or counties and shall be allocated among those agencies upon such equitable basis as may be determined by the State educational agency in accordance with basic criteria prescribed by ^]^Q CommissioiieT. FoT purposes of this subsection the 'average per pupil expenditure' in a State shall be the aggregate current expenditures, during the second fiscal year preceding the fiscal year for which the computation is made, of all local educational agencies in the State (without regard to the sources of funds from which such expenditures are made), divided by the aggregate number of children m average daily attendance to whom such agencies provided free public education during such preceding year. In determining the maximum amount of a basic grant and the eligibility of a local educational agency for a basic grant for any fiscal year, the number of children determined under the first two sentences of this subsection or under subsection (b) shall be reduced by the number of children aged five to seventeen, inclusive, of families having an annual income of less than the lowincome factor (as established pursuant to subsection (c)) for whom a payment was made under title I for the previous fiscal year. "(3) If the maximum amount of the basic grant determined pursuant to paragraph (1) or (2) for any local educational agency for the fiscal year ending June 30, 1966, is greater than 30 per centum of the sum budgeted by that agency for current expenditures for that year (as determined pursuant to regulations of the Commissioner), such maximum amount shall be reduced to 30 per centum of such budgeted sum.

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29

"(4) For purposes of this subsection, the term 'State' does not include Puerto Rico, Guam, American Samoa, the Virgin Islands, and the Trust Territory of the Pacific Islands. "(b) A local educational agency shall be eligible for a basic grant for a fiscal year under this title only if it meets the following requirements with respect to the number of children aged five to seventeen, inclusive, of families having an annual income of less than the lowincome factor (as established pursuant to subsection (c)): "(1) I n any case (except as provided in paragraph (3)) in which the Commissioner determines that satisfactory data for the purpose of this subsection as to the number of such children of such families are available on a school district basis, the number of such children of such families in the school district of such local educational agency shall be— " (A) at least one hundred, or " (B) equal to 3 per centum or more of the total number of all children aged five to seventeen, inclusive, in such district, whichever is less, except that it shall in no case be less than ten. "(2) I n any other case, except as provided in paragraph (3), the number of children of such ages of families with such income in the county which includes such local educational agency's school district shall be one hundred or more. " (3) I n any case in which a county includes a part of the school district of the local educational agency concerned and the Commissioner has not determined that satisfactory data for the purpose of this subsection are available on a school district basis for all the local educational agencies for all the counties into which the school district of the local educational agency concerned extends, the eligibility requirement with respect to the number of children of such ages of families of such income for such local educational agency shall be determined in accordance with regulations prescribed by the Commissioner for the purposes of this subsection. "(c) For the purposes of this section, the 'Federal percentage' and ^^^f^'^^'if '^^'^" the 'low-income factor' for the fiscal year ending June 30, 1966, shall ""^"L^o^wlincome pe 50 per centum and $2,000, respectively. For each of the two sue- factor." ceeding fiscal years the Federal percentage and the low-income factor shall be established by the Congress by law. " (d) For the purposes of this section, the Commissioner shall determine the number of children aged five to seventeen, inclusive, of families having an annual income of less than the low-income factor (as established pursuant to subsection (c)) on the basis of the most recent satisfactory data available from the Department of Commerce. A t any time such data for a county are available in the Department of Commerce, such data shall be used in making calculations under this section. The Secretary of Health, Education, and Welfare shall determine the number of children of such ages from families receiving an annual income in excess of the low-income factor (established pursuant to subsection (c)) from payments under the program of aid to families with dependent children under a State plan approved under title IV of the Social Security Act on the basis of the best available tl^i^^'.tV:-. data for the period most nearly comparable to those which are used 42 USC 601-609. by the Commissioner under the first two sentences of this subsection in making determinations for the purposes of subsections (a) and (b). When requested by the Commissioner, the Secretary of Commerce shall make a special estimate of the number of children of such ayes who are from families having an annual income less than the low

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Page:United States Statutes at Large Volume 79.djvu/70

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PUBLIC LAW 89-10-APR. 11, 1965

[79 STAT.

income factor (established pursuant to subsection (c)) in each county or school district, and the Commissioner is authorized to pay (either in advance or by way of reimbursement) the Secretary of Commerce the cost of making this special estimate. The Secretary of Commerce shall give consideration to any request of the chief executive of a State for the collection of additional census information. "'SPECIAL IXCEXTIVE GRANTS

j'Averagejjer ture."

"SEC. 204. Each local educational agency which is eligible to receive a basic grant for the fiscal year ending June 80, 1967, shall be eligible to receive in addition a special incentive grant which does not exceed the product of (a) the aggregate number of children in average daily attendance to whom such agency provided free public education during the fiscal year ending June 30, 1965, and (b) the amount by which the average per pupil expenditure of that agency for the fiscal year ending June 30, 1965, exceeded 105 per centum of such expenditure for the fiscal year ending June 30, 1964. Each local educational agency which is eligible to receive a basic grant for the fiscal year ending June 30, 1968, shall be eligible to receive in addition a special incentive grant which does not exceed the product of (c) the aggregate number of children in average daily attendance to whom such agency provided free public education during the fiscal year ending June 30, 1966, and (d) the amount by which the average per pupil expenditure of that agency for the fiscal year ending June 30, 1966, exceeded 110 per centum of such expenditure for the fiscal year ending June 30, 1964. -poT the purpose of this section the 'average per pupil expenditure' of a local educational agency for any year shall be the aggregate expenditures (without regard to the sources of fmids fixDm which such expenditures are made, except that funds derived from Federal sources shall not be used in computing such expenditures) from current revenues made by that agency during that year for free public education, divided by the aggregate number of children in average daily attendance to whom such agency provided free public education during that year. "APPLICATION

"SEC. 205. (a) A local educational agency may receive a basic grant or a special incentive grant under this title for any fiscal year only upon application therefor approved by the appropriate State educational agency, upon its determination (consistent with such basic criteria as the Commissioner may establish)— "(1) that payments under this title will be used for programs and projects (including the acquisition of equipment and where necessary the construction of school facilities)(A) which are designed to meet the special educational needs of educationally deprived children in school attendance areas having high concentrations of children from low-income families and (B) which are of sufficient size, scope, and quality to give reasonable promise of substantial progress toward meeting those needs, and nothing herein shall be deemed to preclude two or more local educational agencies from entering into agreements, at their option, for carrying out jointly operated programs and projects under this title; "(2) that, to the extent consistent with the number of educationally deprived children in the school district of the local educational agency who are enrolled in private elementary and secondary schools, such agency has made provision for including

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PUBLIC LAW 89-10-APR. 11, 1965

special educational services and arrangements (such as dual enrollment, educational radio and television, and mobile educational services and equipment) in which such children can participate; "(3) that the local educational agency has provided satisfactory assurance that the control of funds provided under this title, and title to property derived therefrom, shall be in a public agency for the uses and purposes provided in this title, and that a public agency will administer such funds and property; "(4) in the case of any project for construction of school facilities, that the project is not inconsistent with overall State plans for the construction of school facilities and that the requirements of section 209 will be complied with on all such construction projects; "(5) that effective procedures, including provision for appropriate objective measurements of educational achievement, will be adopted for evaluating at least annually the effectiveness of the programs in meeting the special educational needs of educationally deprived children; "(6) that the local educational agency will make an annual report and such other reports to the State educational agency, in such form and containing such information, as may be reasonably necessary to enable the State educational agency to perform its duties under this title, including information relating to the educational achievement of students participating in programs carried out under this title, and will keep such records and afford such access thereto as the State educational agency may find necessary to assure the correctness and verification of such reports; "(7) that wherever there is, in the area served by the local educational agency, a community action program approved pursuant to title II of the Economic Opportunity Act of 1964 (Public Law 88-452), the programs and projects have been developed in coop- ^^ ^^^ Vgi. eration with the public or private nonprofit agency responsible 2831. for the community action program; and "(8) that effective proceoures will be adopted for acquiring and disseminating to teachers and administrators significant information derived from educational research, demonstration, and similar projects, and for adopting, where appropriate, promising educational practices developed through such projects. " (b) The State educational agency shall not finallj^ disapprove in whole or in part any application for funds under this title without first affording the local educational agency submitting the application reasonable notice and opportunity for a hearing. ((ASSURANCES

TROM STATES

"SEC. 206. (a) Any State desiring to participate in the program of this title shall submit through its State educational agency to the Commissioner an application, in such detail as the Commissioner deems necessary, which provides satisfactory assurance— "(1) that, except as provided in section 207(b), payments under this title will be used only for programs and projects which have been approved by the State educational agency pursuant to section 205(a) and which meet the requirements of that section, and that such agency will in all other respects comply with the provisions of this title, including the enforcement of any obligations imposed upon a local educational agency under section 205(a); "(2) that such fiscal control and fund accounting procedures will be adopted as may be necessary to assure proper disbursement

31

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 32

^^p""^**-

K^""*"^^-

PUBLIC LAW 89-10-APR. 11, 1965

[79 STAT.

of, and accounting for, Federal funds paid to the State (including such funds paid by the State to local educational agencies) under this title; and "(3) that the State educational agency will make to the Commissioner (A) periodic reports (including the results of objective measurements required by section 205(a) ('5)) evaluating the^ effectiveness of payments under this title and of particular programs assisted under it in improving the educational attainment of educationally deprived children, and (B) such other reports as may be reasonably necessary to enable the Commissioner to perform his duties under this title (including such reports as he may require to determine the amounts which the local educational agencies of that State are eligible to receive for any fiscal year), and assurance that such agency will keep such records and afford such access thereto as the Commissioner may find necessary to assure the correctness and verification of such reports. " (b) The Commissioner shall approve an application which meets the requirements specified in subsection (a), and he shall not finally disapprove an application except after reasonable notice and opportunity for a hearing to the State educational agency. "PAYMENT

"SEC. 207. (a)(1) The Commissioner shall, subject to the provisions of section 208, from time to time pay to each State, in advance or otherwise, the amount which the local educational agencies of that State are eligible to receive under this title. Such payments shall take into account the extent (if any) to which any previous payment to such State educational agency under this title (whether or not in the same fiscal year) was greater or less than the amount which should have been paid to it. "(2) From the funds paid to it pursuant to paragraph (1) each State educational agency shall distribute to each local educational agency of the State which is not ineligible by reason of section 203(b) and which has submitted an application approved pursuant to section 205(a) the amount for which such application has been approved, except that this amount shall not exceed an amount equal to the total of the maximum amount of the basic grant plus the maximum amount of the special incentive grant as determined for that agency pursuant to sections 203 and 204, respectively. "(b) The Commissioner is authorized to pay to each State amounts equal to the amounts expended by it for the proper and efficient performance of its duties under this title (including technical assistance for the measurements and evaluations required by section 205(a)(5)), except that the total of such payments in any fiscal year shall not exceed 1 per centiun of the total of the amount of the basic grants paid under this title for that year to the local educational agencies of the State. "(c)(1) Xo payments shall be made under this title for any fiscal year to a State which has taken into consideration payments under this title in determining the eligibility of any local educational agency in that State for State aid, or the amount of that aid, with respect to the free public education of children during that year or the preceding fiscal year. " (2) Xo payments shall be made under this title to any local educational agency for any fiscal year unless the State educational agency finds that the combined fiscal effort (as determined in accordance with regulations of the Commissioner) of that agency and the State with

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PUBLIC LAW 89-10-APR. 11, 1965

33

respect to the provisdon of free public education by that agency for the preceding fiscal year was not less than such combined fiscal effort for that purpose for the fi.scal year ending June 30, 1964. a ADJUSTMENTS W H E R E NECESSITATED BY APPROPRIATIONS

"SEC. 208. If the sums appropriated for the fiscal year ending June 30, 1966, for making the payments provided in this title are not sufficient to pay in full the total amounts which all loc^l and State educational agencies are eligible to receive under this title for such year, such amounts shall be reduced ratably. I n case additional funds become available for making payments under this title for that year, such reduced amounts shall be increased on the same basis that they were reduced. "LABOR

STANDARDS

"SEC. 209. All laborers and mechanics employed by contractors or subcontractors on all construction projects assisted under this title shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor in accordance with the Davis-Bacon Act, as amended (40 U.S.C. 276a— 276a-5). The Secretary of Labor shall have with respect to the labor yo'^stat^^sss"'^^' standards specified in this section the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (15 F.R. 3176; 5 U.S.C. 133Z-15) and section 2 of the xVct of June 13, 1934, as amended 64 Stat. i267. (40 U.S.C. 276c). 63 Stat. 108. "WITHHOLDING

"SEC. 210. Whenever the Commissioner, after reasonable notice and opportunity for hearing to any State educational agency, finds that there has been a failure to comply substantially with any assurance set forth in the application of that State approved under section 206(b), the Commissioner shall notify the agency that further payments will not be made to the State under this title (or, in his discretion, that the State educational agency shall not make further payments under this title to specified local educational agencies affected by the failure) until he is satisfied that there is no longer any such failure to comply. Until he is so satisfied, no further payments shall be made to the State under this title, or payments by the State educational agency under this title shall be limited to local educational agencies not affected by the failure, as the case may be. "JUDICIAL REVIEW

"SEC. 211. (a) If any State is dissatisfied with the Commissioner's final action with respect to the approval of its application submitted under section 206(a) or with his final action under section 210, such State may, within sixty days after notice of such action, file with the United States court of appeals for the circuit in which such State is located a petition for review of that action. A copy of the petition shall be forthwith transmitted by the clerk of the court to the Commissioner. The Commissioner thereupon shall file in the court the record of the proceedings on which he based his action, as provided in section 2112 of title 28, United States Code. "(b) The findings of fact by the Commissioner, if supported by substantial evidence, shall be conclusive; but the court, for good cause shown, may remand the case to the Commissioner to take further evidence, and the Commissioner may thereupon make new or modified

72 Stat. 941.

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62 Stat. 928.

PUBLIC LAW 89-10-APR. 11, 1965

[79 STAT.

findings of fact and may modify his previous action, and shall file in the court the record of the further proceedings. Such new or modified findings of fact shall likewise be conclusive if supported by substantial evidence. "(c) Upon the filing of such petition, the court shall have jurisdiction to affirm the action of the Commissioner or to set it asidCj in whole or in part. The judgment of the court shall be subject to review by the Supreme Court of the United States upon certiorari or certification as provided in section 1254 of title 28, United States Code. " ^ T

N A T I O N A L ADVISORY

COUNCIL

"SEC. 212. (a) The President shall, within ninety days after the enactment of this title, appoint a National Advisory Council on the Education of Disadvantaged Children for the purpose of reviewing the administration and operation of this title, including its effectiveness in improving the educational attainment of educationally deprived children, and making recommendations for the improvement of this title and its administration and operation. These recommendations shall take into consideration experience gained under this and other Federal educational programs for disadvantaged children and, to the extent appropriate, experience gained under other public and l)rivate educational programs for disadvantaged children. " (b) The Council shall be appointed by the President without regard to the civil service laws and shall consist of twelve persons. Wlien requested by the President, the Secretary of Health, Education, and Welfare shall engage such technical assistance as may be required to carry out the functions of the Council, and the Secretary shall make available to the Council such secretarial, clerical, and other assistance and such pertinent data prepared by the Department of Health, Education, and Welfare as it may require to carrv out such functions. dentTnd c°o^'^^'" "(c) The Couucil shall niake an annual report of its findings and gress. recommendations (including recommendations for changes in the provisions of this title) to the President not later than March 81 of each calendar year beginning after the enactment of this title. The President shall transmit each such i*eport to the Congress together with his comments and recommendations. " (d) Members of the Council who are not regular full-time employees of the United States shall, while serving on business of the Council, be entitled to receive compensation at rates fixed by the President, but not exceeding $100 per day, including travel time: and while so serving away from their homes or r e ^ l a r places of business, they may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5 of the Administrative Expenses Act 75^stat*^3*39°34o ^^ ^^^^ ('^ I'^.S.C. 73b-2) foT persous in Government service employed intermittently.'' TKCITNICAL AND CONFORMING

^67 st«t^,53i;

70 Stat. 9 7 1.

67 Stat. 532.

AMENDMENTS

SEC. 3. (a) Clause (A) of section.3(c)(4) of the Act of September 30, 10.50, Public Law 874, Eighty-first Congress, as amended (20 U.S.C. 2-38 (c)(4)(A)) is amended by strikingout ") is," and inserting ", but excluding funds available under title II) is,". (b) The sentence which immediately follows clause (B) of section 4(a) of such Act (20 U.S.C. 2.39(a)(B)) is amended by inserting "(exclusive of funds available under title II) " immediately after "Federal funds".

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Page:Folk-lore - A Quarterly Review. Volume 15, 1904.djvu/215

Rh there is great poverty among them. The ornaments are all objects of domestic or every-day use, and the necklace, worn by a housewife, secures the peaceable possession of all her ordinary belongings. As some are not quite easy to distinguish, I subjoin a list as given meby a Jew.

I. Male frog. 2. Shoe. 3. Comb. (These are generally made of wood.) 4. Stove (for roasting coffee). 5. Lock. 6. Dog. 7. Pigeon. 8. Pestle (for coffee). 9. Hammer. 10. Axe. 11. Sabre. 12. Key. 13. Scissors. 14. Hammer (for tent-pegs). 15. Pickaxe (used mainly for extracting the roots of trees long ago cut down, to which the people are now reduced for fuel). 16. Camel. 17. Pistol. 18. Hen. 19. Coffee-pot. 20. Shoe. 21. Frog.

The exact nature of the superstition connected with the frog I have not been able to ascertain, and fancy it may be of a nature not easily imparted to a lady inquirer. The frogs are used in pairs, male and female, and those I have seen were always in the possession of Jews from Yemen in Arabia, great numbers of whom are now living near Jerusalem in what is known as the Box Colony, being built mainly of the tin boxes in which petroleum is brought from Russia and Galicia. It has been suggested, but I offer it only as a suggestion, that as the frog is associated with evil, it is separated at both ends from the harmless objects of domestic life by a shoe, which, though not evil, is an object of contempt. Hence the saying that you must not speak to a man of his shoes or his wife!

The charms figured on Plate IV. are both against eye-trouble, the most prevalent of all diseases in this country. They are hung round the head so as to hang over the afflicted eye; the green for severe cases, the brown for temporary inflammation.

The children's charms, alum in an ornamental network of beads, are worn by Moslems and Christians as well as by Jews.

.

The following is a description of the devices impressed on the metal (silver) amulet also exhibited. (See p. 2.)

I. Obverse.—A picture of Rachel's Tomb with the words "Tomb of Rachel" underneath, and as an encircling legend the following prayer: "May it be pleasing in Thy sight, O my God