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 kind. … Not yet twenty-one, yet her technical attainments, we are disposed to think, are nearly as great as those of any other vocalist in this country, with the slight reservations and allowances we shall make as we proceed. She is beautiful in her person and features … above the middle height, slender, and delicately formed; her dark hair and eyes give animation and contrast to a clear complexion, and sensibility illuminates every change of sentiment that she has to express. … Her compass is A to D or E, eighteen or nineteen notes.’ At that time her voice was not evenly produced. Her execution was facile, ‘no difficulties appal or embarrass her. Even in Rossini's most rapid passages she multiplies the notes in a way few mature singers would attempt.’ A plate is given to show her embellishments in Rossini's ‘Tu che accendi.’ ‘Her manner, exuberantly florid, is the fault of her age, and in some sort, of her attainment. … She imitates Catalani …’

Miss Paton's father had insisted on her breaking off an engagement with a young medical man named Blood, who went upon the stage for a short time under the name of Davis. Afterwards she became on 7 May 1824 the wife of Lord William Pitt Lennox [q. v.], but from him she freed herself by divorce in the Scottish courts in 1831. In the same year she married Joseph Woods, a tenor singer.

Her reputation as a dramatic singer was greatly enhanced when, in 1824, she took the part of Agatha in ‘Der Freischütz.’ A still greater triumph was her impersonation of Rezia in ‘Oberon,’ of which Weber conducted the sixteen rehearsals, besides the performance on 12 April 1826, two months before his death. ‘She was created for the part;’ ‘her enthusiasm for the music was great,’ he wrote; ‘she sang exquisitely even at the first rehearsal.’ The ‘Harmonicon’ declared that Miss Paton never sang with more ability and effect. From that time Miss Paton was considered at the head of her profession. She was not excelled by any contemporary in her mastery of the art of singing.

In 1831 she was engaged at the King's Theatre, where she sang in ‘La Cenerentola’ and other Italian operas. Returning to Drury Lane, she took the part in 1832 of Alice in ‘Robert le Diable.’ She then went to reside at Woolley Moor, Yorkshire, with her husband. In 1840 they visited America for the first time. After their return Mrs. Wood retired to a convent for a year, but she reappeared at the Princess's Theatre and at concerts, in which her husband was also engaged. They finally settled at Bulcliffe Hall, near Chapelthorpe, and it was there that Mrs. Wood died, on 21 July 1864, aged 62. She left a son, born in 1838.

Her sisters were singers. Isabella made her début at Miss Paton's benefit at Covent Garden, 1824, as Letitia Hardy. Eliza sang at the Haymarket in 1833.

[Burke's Landed Gentry, 1894 (Wood of Woolley Moor); Grove's Dict. ii. 672, iv. 745; Parke's Memoirs, ii. 203; Oxberry's Dramatic Biography, v. 19; Harmonicon, 1823, passim; Quarterly Musical Mag. v. 191; Weber's Life; Busby's Anecdotes, i. 46; Musical Recollections of the last Half Century, i. 68, 133; Aus Moscheles Leben, i. 120, 211; Clayton's Queens of Song, vol. ii.]  PATON, RICHARD (1716?–1791), marine painter, was born in London about 1716. He is said to have been of humble birth, and to have been found as a poor boy on Tower Hill by Admiral Sir Charles Knowles [q. v.], who took him to sea. For many years he held an appointment in the excise office, and at the time of his decease was one of the general accountants. How he acquired his art training is unknown. The earliest record of him as an artist is in 1762, when he exhibited with the Society of Artists two pictures, ‘The Action of Admiral Boscawen off Cape Lagos,’ engraved by William Woollett, and ‘The Taking of the Foudroyant, in the Mediterranean, by the Monmouth,’ which was etched by himself. These were followed from 1763 to 1770 by nineteen other works; but in 1771, after a very angry correspondence, he resigned his membership. About 1774 he painted four pictures representing the victory of the Russian fleet under Count Orloff over the Turkish fleet at Cheshme Bay in 1770, and soon afterwards five views of the royal dockyards, now at Hampton Court, in all of which the figures were painted by John Hamilton Mortimer, A.R.A. [q. v.] In 1776 he exhibited at the Royal Academy views of Rochester and of Deptford dockyard, and between that year and 1780 thirteen other pictures of naval engagements and marine subjects.

Three of his pictures are in Greenwich Hospital: ‘The Battle off Cape Barfleur between the French and Combined English and Dutch Fleets, 19 May 1692;’ ‘The Defeat of the Spanish Fleet near Cape St. Vincent by Admiral Rodney, 16 Jan. 1780;’ and ‘The Action off Sicily between the English and Spanish Fleets, 11 Aug. 1718.’ In the Guildhall, London, are four pictures by him of the defence and relief of Gibraltar, and another of the lord mayor proceeding by water to Westminster, in which the figures are by


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 PUBLIC LAW 99-386—AUG. 22, 1986

100 STAT. 821

Public Law 99-386 99th Congress An Act To discontinue or amend certain requirements for agency reports to Congress.

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Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may Congressional be cited as the "Congressional Reports Elimination Act of 1986". 5?P°?^.- A. °

TITLE I—ELIMINATIONS REPORTS BY MORE THAN ONE AGENCY

SEC. 101. (a) Section 218(a) of the Biomass Energy and Alcohol Fuels Act of 1980 (42 U.S.C. 8818(a)) is repealed. (b) Section 3104 of title 5, United States Code, is amended by— (1) striking out subsection (b); (2) redesignating paragraphs (1), (2), and (3) of subsection (a) as subsections (a), (b), and (c), respectively; and (3) striking out "paragraph (1) of this subsection" each place it appears in subsections (b) and (c) (as redesignated by paragraph (2) of this subsection) and inserting in lieu thereof "subsection (a) of this section". REPORTS BY THE DEPARTMENT OF COMMERCE

SEC. 102. Section 5 of the Central, Western and South Pacific Fisheries Development Act (16 U.S.C. 758e-2) is repealed. REPORTS BY THE DEPARTMENT OF EDUCATION

SEC. 103. (a) Section 117(d) of the Higher Education Act of 1965 (20 U.S.C. 1017(d)) is repealed. (b) Section 553(c) of the Higher Education Act of 1965 (20 U.S.C. 111 yC""2(^c)^ is rfiDPfilGd

(c) Section 605(b) of the Higher Education Act of 1965 (20 U.S.C. 11250?)) is repealed. REPORTS BY THE DEPARTMENT OF ENERGY

SEC. 104. (a) Section 703)(7) of the Federal Nonnuclear Energy Research and Development Act of 1974 (42 U.S.C. 5906(b)(7)) is amended by— (1) striking out subparagraph (A); and (2) striking out the subparagraph designator "(B)". (b) Section 11 of the Wind Energy Systems Act of 1980 (42 U.S.C. 9210) is amended by— (1) striking out paragraph (5); (2) inserting "and" at the end of paragraph (4); and (3) redesignating paragraph (6) as paragraph (5).

Elimination Act of 1986.

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 100 STAT. 822

PUBLIC LAW 99-386—AUG. 22, 1986 REPORTS BY THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

SEC. 105. (a) Section 505(f) of the Housing and Urban Development Act of 1970 (12 U.S.C. 1701z-4(f)) is repealed. (b) Section 506(c) of the Housing and Urban Development Act of 1970 (12 U.S.C. 1701z-5(c)) is repealed. REPORTS BY THE DEPARTMENT OF JUSTICE

SEC. 106. Section 2101(d) of title 18, United States Code, is amended by striking out the semicolon and all that follows and inserting in lieu thereof a period. REPORTS BY THE DEPARTMENT OF TRANSPORTATION

SEC. 107. Section 13 of the Merchant Ship Sales Act of 1946 (50 U.S.C. App. 1746) is repealed. REPORTS BY THE NATIONAL SCIENCE FOUNDATION

SEC. 108. Section 8 of the National Science Foundation Authorization Act, 1977 (42 U.S.C. 1883) is amended by— (1) inserting "and" after the semicolon at the end of paragraph (3); (2) striking out "; and" at the end of paragraph (4) and inserting in lieu thereof a period; and (3) striking out paragraph (5). REPORTS BY THE NUCLEAR REGULATORY COMMISSION

SEC. 109. Section 201(h) of the Energy Reorganization Act of 1974 (42 U.S.C. 5841(h)) is repealed. REPORTS BY THE OFFICE OF PERSONNEL MANAGEMENT

SEC. 110. (a) Section 5114 of title 5, United States Code, is repealed, (b) The table of sections for chapter 51 of such titlf is amended by striking out the item relating to section 5114. TITLE II—MODIFICATIONS REPORTS BY MORE THAN ONE AGENCY

Real property. Gifts and property.

SEC. 201. Section 203(o) of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 484(o)) is amended— d) striking out "The Administrator" and all that follows through "shall submit" and inserting in lieu thereof the following: "The Administrator with respect to property disposed of under subsection (j) or (p) of this section, and the head of each executive agency disposing of property under subsection (k) of this section, or under section 13(d) or 13(g) of the Surplus Property Act of 1944 (50 U.S.C. App. 1622 (d) or (g)), shall submit"; and (2) by striking out "personal property so donated and of all real"; and (3) by striking out "donations and transfers" and inserting in lieu thereof "disposals".

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 PUBLIC LAW 99-386—AUG. 22, 1986

100 STAT. 823

REPORTS BY THE DEPARTMENT OF AGRICULTURE

SEC. 202. The last sentence of the paragraph under the heading "GENERAL

SALES

MANAGER—(ALLOTMENT

FROM

THE COMMODITY

CREDIT CORPORATION) in title IV of Public Law 97-370 (15 U.S.C. 713a-10; 96 Stat. 1808) is amended by striking out "quarterly" and inserting in lieu thereof "annual". REPORTS BY THE DEPARTMENT OF COMMERCE

SEC. 203. (a) Section 7(a) of the Marine Resources and Engineering Development Act of 1966 (33 U.S.C. 1106(a)) is amended by striking out "in January of each year" and inserting in lieu thereof "biennially in January". (b) Section 16 of the Act of June 18, 1934 (48 Stat. 1002, chapter 590; 19 U.S.C. 81p) is amended by— (1) striking out "containing a full statement of all the operations, receipts, and expenditures, and such other information as the Board may require" in subsection (b) and inserting in lieu thereof "on zone operations"; and (2) striking out subsection (c) and inserting in lieu thereof the following: "(c) The Board shall make a report to Congress annually containing a summary of zone operations.". REPORTS BY THE DEPARTMENT OF EDUCATION

SEC. 204. Section 653(c) of the Education of the Handicapped Act (20 U.S.C. 1453(c)) is amended by striking out "The Secretary shall make an annual" and inserting in lieu thereof "Every three years, the Secretary shall make a". REPORTS BY THE DEPARTMENT OF TRANSPORTATION

SEC. 205. Section 107 of the Federal Aviation Act of 1958 (49 U.S.C. 49 USC app. 1307) is amended by— 1307(1) striking out "each January 31 thereafter" in subsection (b) and inserting in lieu thereof "each April 1 thereafter"; and (2) striking out "each January 31 thereafter" in subsection (c) and inserting in lieu thereof "each April 1 thereafter". REPORTS BY THE DEPARTMENT OF THE TREASURY

SEC. 206. (a) Section 201(f) of the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1821(f)) is amended by— (1) striking out "Secretary of the Treasury, in cooperation with the"; and (2) striking out the comma after "the Secretary of State", (b) Section 6103(p)(5) of the Internal Revenue Code of 1954 (26 U.S.C. 6103(p)(5)) is amended by striking out "quarter" and inserting in lieu thereof "year". GENERAL SERVICES ADMINISTRATION

SEC. 207. Section 203(j)(4)(E) of the Federal Property and Administrative Services Act of, 1949 (40 U.S.C. 484(j)(4)(E)) is amended by striking out "$3,000" andinserting in lieu thereof "$5,000".

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 100 STAT. 824

PUBLIC LAW 99-386—AUG. 22, 1986 REPORTS BY THE UNITED STATES MERIT SYSTEMS PROTECTION BOARD

SEC. 208. Section 7701(i)(2) of title 5, United States Code, is amended by striking out "calendar" and inserting in lieu thereof "fiscal". Approved August 22, 1986.

LEGISLATIVE HISTORY—S. 992 (H.R. 2518): HOUSE REPORTS: No. 99-698 accompanying H.R. 2518 (Comm. on Government Operations). SENATE REPORTS: No. 99-211 (Comm. on Governmental Affairs). CONGRESSIONAL RECORD, Vol. 132 (1986): Mar. 14, considered and passed Senate. July 28, H.R. 2518 considered and passed House; S. 992, amended, passed in lieu. Aug. 9, Senate concurred in House amendment. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 22 (1986): Aug. 23, Presidential statement.

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 PUBLIC LAW 99-387—AUG. 23, 1986 Public Law 99-387 99th Congress

100 STAT. 825

An Act

To modify the boundary of the Humboldt National Forest in the State of Nevada, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. The purpose of this Act is to provide for the efficient administration of Federal lands located in Elko and White Pine Counties, Nevada (comprising approximately 14,743 acres and administered by the Bureau of Land Management). SEC. 2. (a) The exterior boundary of the Humboldt National Forest is hereby modified as generally depicted on a map entitled "Boundary Modification, Humboldt National Forest", dated March 1984. Such map, and a legal description of the boundary modification, shall be on file and available for public inspection in the office of the Chief of the Forest Service, Department of Agriculture and the Director of the Bureau of Land Management, Department of the Interior, and appropriate field offices of these agencies. (b) Subject to valid existing rights, all Federal lands brought within the boundary of the Humboldt National Forest under subsection (a) are hereby added to the Humboldt National Forest and shall be administered as part of such National Forest. SEC. 3. Nothing in this Act shall affect the validity of or the terms and conditions of any existing right-of-way, easement, lease, license, or permit on lands transferred by this Act except that they shall be administered by the Forest Service. Reissuance of any authorization shall be in accordance with the regulations of the Forest Service, and the change of jurisdiction over such lands resulting from the enactment of this Act shall not constitute a ground for the denial of renewal or reissuance of any such authorization. SEC. 4. For purposes of section 7 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 4601-9), the boundary of the Humboldt National Forest, as modified by section 2, shall be treated as if it were the boundary of such National Forest as of January 1, 1965. Approved August 23, 1986.

LEGISLATIVE HISTORY—H.R. 850: HOUSE REPORTS: No. 99-384 (Comm. on Interior and Insular Affairs). SENATE REPORTS: No. 99-359 (Ckjmm. on Energy and Natural Resources). CONGRESSIONAL RECORD: Vol. 131 (1985): Dec. 1, considered and passed House. Vol. 132 (1986): Aug. 11, considered and passed Senate.

Aug. 23, 1986 [H.R.850] National Forest System.

Public information.

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 100 STAT. 826

PUBLIC LAW 99-388—AUG. 23, 1986

Public Law 99-388 99th Congress An Act Aug. 23, 1986 [H.R. 1963]

To increase the development ceiling at Allegheny Portage Railroad National Historic Site and Johnstown Flood National Memorial in Pennsylvania, and for other purposes, and to provide for the preservation and interpretation of the Johnstown Flood Museum in the Cambria County Library Building, Pennsylvania.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. AUTHORIZATION OF APPROPRIATIONS FOR HISTORIC SITE AND NATIONAL MEMORIAL.

Public buildings Section 5 of the Act of August 31, 1964 (78 Stat. 752), is amended and grounds. by inserting "(a)" after "SEC. 5." and adding the following new subsection at the end thereof: "(b) In addition to such sums as may have been authorized for development prior to the enactment of this subsection, effective October 1, 1986, there is authorized to be appropriated not to exceed $9,800,000 for the purposes of development at both Allegheny Portage Railroad National Historic Site and Johnstown Flood National Memorial.". SEC. 2. JOHNSTOWN FLOOD MUSEUM AGREEMENT.

Section 4 of the Act of August 31, 1964 (78 Stat. 752), is amended by inserting "(a)" after SEC. 4." and by adding the following new subsection at the end thereof: "(b) In furtherance of the purposes of this Act, the Secretary of the Interior is authorized to enter into an argreement with the Johnstown Flood Museum Association, pursuant to which the Secretary may— "(1) provide technical assistance to mark, restore, interpret, operate, and maintain the Johnstown Flood Museum, and "(2) with funds appropriated specifically for the purpose, provide financial assistance to mark, restore, interpret, operate, and maintain the museum. No Federal funds may be used to provide financial assistance to the Johnstown Flood Museum Association until the agreement referred to in this subsection has been executed. Financial assistance under

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 PUBLIC LAW 99-388—AUG. 23, 1986

100 STAT. 827

paragraph (2) shall not cover more than 50 percent of the costs described in paragraph (2). The remaining share of such costs shall be provided from non-Federal funds, services, or materials, or any combination thereof. The Secretary may also accept the donation of the building and collection owned by the Johnstown Flood Museum Association and the parcel of land on which such building is situated. Following acceptance by the Secretary, such parcel shall be included within the boundary of the Johnstown Flood National Memorial without regard to any acreage limitations set forth in any other provision of law.". Approved August 23, 1986.

LEGISLATIVE HISTORY—H.R. 1963: HOUSE REPORTS: No. 99-291 (Comm. on Interior and Insular Affairs). SENATE REPORTS: No. 99-363 (Comm. on Energy and Natural Resources). CONGRESSIONAL RECORD: Vol. 131 (1985): Sept. 30, considered and passed House. Vol. 132 (1986): Aug. 11, considered and passed Senate.

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 100 STAT. 828

PUBLIC LAW 99-389—AUG. 23, 1986

Public Law 99-389 99th Congress An Act Aug. 23, 1986 [H.R. 3212]

Indians. Nevada. u ic an.

To declare that the United States holds certain lands in trust for the Reno Sparks Indian Colony.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That (a) except as otherwise provided in section 2, all right, title, and interest of the United States in the lands described in subsection (b) of this section are hereby declared to be held by the United States in trust for the benefit and use of the Reno Sparks Indian Colony and are hereby declared to be part of the Reno Sparks Indian Colony. (b) The lands referred to in subsection (a) comprise approximately 1,949.39 acres of public land within Hungry Valley, Washoe County, Nevada, and are described as follows: Township 21 north, range 20 east. Mount Diablo baseline and meridian, section 4, 640 acres more or less, reservations, restrictions, and conditions, if any, rights-of-way and assessors either of record or actually existing on said premises. Township 21 north, range 20 east. Mount Diablo baseline and meridian, section 9, 640 acres more or less, reservations, restrictions, and conditions, if any, rights-of-way and assessors either of record or actually existing on said premises. Township 21 north, range 20 east. Mount Diablo baseline and meridian, section 16, 640 acres more or less, reservations, restrictions, and conditions, if any, rights-of-way and assessors either of record or actually existing on said premises. Township 19 north, range 20 east. Mount Diablo baseline and meridian, beginning at a point on the north county road rightof-way fenceline described as being 1,268 feet east and 30 feet north of the west quarter corner of section 7 said point being at the intersection of the boundary fence between L. M. Christianson and A. L. Jensen, with said north county road right-of-way line; thence north 0 degrees 18 minutes west 490.30 feet; thence west 787.74 feet; thence south 0 degrees 12 minutes west 490.30 feet to north county road right-of-way fence; thence along said fenceline 373.16 feet; thence north 104.35 feet to the north county road right-ofway fenceline 208.71 feet to the place of beginning, containing 8.38 acres more or less, beginning reservations, restrictions, and conditions, if any, rights-of-way and assessors either of record or actually existing on said premises. Township 19 north, range 20 east. Mount Diablo baseline and meridian, beginning at the intersection of the east boundaryline of the west half of the southwest quarter of section 7 with the southline of Scott Street Road, said point being 30 feet south of the northeast corner of said west half of the southwest quarter;

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text: Author:Philip Wilson Steer

title: Author:Philip Wilson Steer


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 PUBLIC LAW 99-389—AUG. 23, 1986

100 STAT. 829

thence south 89 degrees 35 minutes west and along the southline of said Scott Street Road 361.2 feet; thence south and a parallel with the east boundaryline of said west half of southwest quarter of section 7, 2,326.18 feet south to northline of Glendale Road; thence south 64 degrees 30 minutes east along the northline of said Glendale Road 400 feet to the eastline of Glendale Road west half of southwest quarter of section 7; thence north along east boundary line 2,501 feet to the place of beginning containing 20 acres more or less, reservations, restrictions, and conditions, if any, rights-of-way and assessors either of record or actually existing on said premises. Township 19 north, range 20 east. Mount Diablo baseline and meridian, section 7, lots 13 through 18, lock D, Granata, Cafferata subdivision, 1.002 acres, more or less, reservations, restrictions, and conditions, if any, rights-of-way and assessors either of record or existing on said premises. SEC. 2. (a)(1) Except as otherwise provided in this section, nothing in this Act shall deprive any person of any right-of-way, mining claim, water right, or other right or interest which such person may have in the land described in the first section on the date preceding the date of enactment of this Act. (2) Notwithstanding the last sentence of section 402(g) of the Federal Land Policy and Management Act of 1976 (90 Stat. 2774, 43 U.S.C. 1752(g)), within thirty days after the date of enactment of this Act, the Secretary of the Interior shall cancel all grazing permits and leases on the following described land: Township 21 north, range 20 east. Mount Diablo meridian, sections 4, 9, and 16 comprising 1,920 acres more or less in Washoe County, Nevada. (b) Within one hundred and twenty days after the date of enactment of this Act, the Secretary of the Interior, in accordance with section 402(g) of the Federal Land Policy and Management Act of 1976 (90 Stat. 2774, 43 U.S.C. 1752(g)), shall pay to the holder of any lease or permit canceled under subsection (a) of this section resisonable compensation, to be determined by the Secretary, for the adjusted value of any improvements which said holder constructed or placed on the land described in subsection (a)(2) of this section and cannot be removed. Such payment shall not exceed the fair market value of the terminated portion of the holder's interest therein. (c) The Secretary of the Treasury is authorized and directed to pay to the Secretary of the Interior, out of funds in the Treasury of the United States not otherwise appropriated, such sums as the Secretary of the Interior may require to make the payments required under subsection (b) of this section. SEC. 3. (a) Section 1 of the Act of August 9, 1955 (69 Stat. 539, as amended; 25 U.S.C. 415), is amended by inserting ", and lands held in trust for the Reno Sparks Indian Colony," immediately after "Twenty-nine Palms Band of Luiseno Mission Indians".

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 100 STAT. 830

PUBLIC LAW 99-389—AUG. 23, 1986

(b) Section 164 of the Act of July 14, 1955 (42 U.S.C. 7474), shall be applied without regard to the provisions of the first section of this Act. Approved August 23, 1986.

LEGISLATIVE HISTORY—H.R. 3212: HOUSE REPORTS: No. 99-501 (Comm. on Interior and Insular Affairs). SENATE REPORTS: No. 99-364 (Ctomm. on Energy and Natural Resources). CONGRESSIONAL RECORD, Vol. 132 (1986): Apr. 21, considered and passed House. Aug. 11, considered and passed Senate.

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 PUBLIC LAW 99-390—AUG. 23, 1986

100 STAT. 831

Public Law 99-890 99th Congress An Act To provide for the exchange of land for the Cape Henry Memorial site in Fort Story, Virginia.

Aug. 23, 1986 [H.R. 3556]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary National parks, of the Interior may transfer administrative jurisdiction over?^°us^^<fi^^' ^^^' approximately 0.23 acres of land within Colonial National Historical ° Park, Virginia, to the Secretary of the Army, and in exchange therefor, he may accept administrative jurisdiction over a like amount of land from the Secretary of the Army, transfer of which is hereby authorized, for the purpose of relocating the Cape Henry Memorial Cross. Land over which jurisdiction is transferred to the Secretary of the Interior shall become part of Colonial National Historical Park, and land over which jurisdiction is transferred to the Secretary of the Army shall become part of Fort Story Military Reservation. Approved August 23, 1986.

LEGISLATIVE HISTORY—H.R. 3556: HOUSE REPORTS: No. 99-442, Pt. 1 (Comm. on Interior and Insular Affairs). SENATE REPORTS: No. 99-365 (Comm. on Energy and Natural Resources). CONGRESSIONAL RECORD, Vol. 132 (1986): Mar. 11, considered and passed House. Aug. 11, considered and passed Senate.

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 100 STAT. 832

PUBLIC LAW 99-391—AUG. 23, 1986

Public Law 99-391 99th Congress Joint Resolution Aug. 23, 1986 [H.J. Res. 377]

To designate December 5, 1986, as "Walt Disney Recognition Day".

Whereas in 1986 there occurs the 31st anniversary of the founding of Disneyland and the 15th anniversary of the founding of Disney World; Whereas December 5, 1986, is the 85th anniversary of the birth of the founder of Disneyland and Disney World, Walter Elias Disney; Whereas the delightful characters created by Walt Disney, including Mickey Mouse and Donald Duck, have brought joy to several generations; Whereas Walt Disney used the characters he created to promote family values and to teach civic and moral lessons; Whereas the unceasing commitment of Walt Disney to excellence led him to perfect animation as an art form; Whereas Walt Disney produced nature documentaries that yielded fascinating insights into the animal kingdom and emphasized the importance of conserving the natural heritage of the Nation; Whereas Walt Disney devoted an enormous amount of time and resources to improving the quality of urban life in the United States through the construction of Walt Disney World and Epcot Center; Whereas classic films produced by Walt Disney included Fantasia, Bambi, and the first full-length animated cartoon. Snow White and the Seven Dwarfs; and Whereas Walt Disney was an American folk hero who became famous worldwide: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That December 5, 1986, hereby is designated "Walt Disney Recognition Day", and the President of the United States is authorized and requested to issue a proclamation calling upon the people of the United States to observe such day with appropriate ceremonies and activities. Approved August 23, 1986.

LEGISLATIVE HISTORY—H.J. Res. 377: CONGRESSIONAL RECORD: Vol. 131 (1985): Dec. 3, considered and passed House. Dec. 6, considered and passed Senate, amended. Vol. 132 (1986): Aug. 8, House concurred in Senate amendments.

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 PUBLIC LAW 99-392—AUG. 23, 1986

100 STAT. 833

Public Law 99-392 99th Congress Joint Resolution Designating the week of September 21, 1986, through September 27, 1986, as "Emergency Medical Services Week".

Whereas the members of emergency medical services teams devote their lives to saving the lives of others; Whereas emergency medical services teams consist of emergency physicians, nurses, emergency medical technicians, paramedics, educators, and administrators; Whereas the people of the United States benefit daily from the knowledge and skill of these trained individuals; Wheresis advances in emergency medical care increase the number of lives saved every year; Whereas the professional organizations of providers of emergency medical services promote research to improve emergency medical care; Whereas the members of emergency medical services teams work together to improve and adapt their skills as new methods of emergency treatment are developed; Whereas the members of emergency medical services teams encourage national standardization of training and testing of emergency medical personnel, and reciprocal recognition of training and credentials by the States; Whereas the designation of "Emergency Medical Services Week" will serve to educate the people of the United States about accident prevention and what to do when confronted with a medical emergency; and Whereas it is appropriate to recognize the value and the accomplishments of emergency medical services teams by designating "Emergency Medical Services Week": Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the week of September 21, 1986, through September 27, 1986, is designated as "Emergency Medical Services Week", and the President is authorized and requested to issue a proclamation calling upon the people of the United States to observe such week with appropriate ceremonies and activities. Approved August 23, 1986.

LEGISLATIVE HISTORY—H.J. Res. 529: CONGRESSIONAL RECORD, Vol. 132 (1986): July 16, considered and passed House. Aug. 9, considered and passed Senate.

7i_iqA O - 8q - 29: QL 3 Part i

Aug. 23, 1986 [H.J. Res. 529]

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 100 STAT. 834

PUBLIC LAW 99-393—AUG. 23, 1986

Public Law 99-393 99th Congress

iMJoint Resolution

A 9^ 1 QRfi ^— [H.J. Res. 630]

Designating the College of William and Mary as the official United States representative to the Tercentenary Celebration of the Glorious Revolution to be celebrated jointly in the United States, the Netherlands, and the United Kingdom.

Whereas the years 1988-1989 signify the three hundredth anniversary of the accession of King William III and Queen Mary II to the throne of England; Whereas the Governments of the Netherlands and the United Kingdom have established a William and Mary Tercentenary Committee for the purposes of celebrating this event in all appropriate ways, including historical, educational, horticultural, maritime, artistic, scientific, and performing arts activities; Whereas the Tercentenary Committee has invited the College of William and Mary in Virginia, founded by their Joint Majesties under a royal charter granted in 1693, to be the New World representatives of the William and Mary Tercentenary celebration; Whereas the historical and cultural ties of the 1688-1689 period to the constitutional history of the United States of America are profound, including the beginnings of the limited and constitutional government and the establishment of the English Bill of Rights; and Whereas the College of William and Mary desires to organize and participate in celebrations relating to the Tercentenary in this country and in the Netherlands and United Kingdom as appropriate: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the College of William and Mary in Virginia is hereby designated as the coordinating body for the 1988-1989 celebrations relating to the world of William and Mary and its relationship to the former British colonies in America now known as the United States of America. Approved August 23, 1986.

mifii'

LEGISLATIVE HISTORY—H.J. Res. 630: CONGRESSIONAL RECORD, Vol. 132 (1986): July 28, considered and passed House. Aug. 9, considered and passed Senate.

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 PUBLIC LAW 99-394—AUG. 23, 1986

100 STAT. 835

Public Law 99-894 99th Congress Joint Resolution To designate the week beginning May 17, 1987, as "National Tourism Week".

— - ^ — ' ^^^^ [H.J. Res. 642]

Whereas tourism is vital to the United States, contributing to economic prosperity, employment, and the international balance of payments; Whereas travelers from the United States and other countries spent $259,500,000,000 in the United States during 1985, directly producing five million nine hundred thousand jobs, $59,600,000,000 in wages and salaries, and over $33,200,000,000 in Federal, State, and local tax revenues; Whereas if viewed as a single retail industry the travel and tourism sector of the economy constituted the third largest retail industry in the United States in 1985 as measured by business receipts; Whereas tourism contributes substantially to personal growth, education, and appreciation of intercultural differences among all people; Whereas tourism enhances international understanding and good will; and Whereas as people throughout the world become aware of the outstanding cultural and recreational resources available across the United States, travel and tourism will become an increasingly important aspect of the daily lives of the people of the United States: Now, therefore, be it Resolved by tfie Senate and House of Representatives of the United States of America in Congress assembled. That the week beginning May 17, 1987, is designated as "National Tourism Week". The President is requested to issue a proclamation calling on the people of the United States to observe such week with appropriate ceremonies and activities. Approved August 23, 1986.

LEGISLATIVE HISTORY—H.J. Res. 642: CONGRESSIONAL RECORD, Vol. 132 (1986): July 16, considered and passed House. Aug. 9, considered and passed Senate.

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 100 STAT. 836

PUBLIC LAW 99-395—AUG. 27, 1986

Public Law 99-395 99th Congress An Act Aug. 27, 1986 [H.R. 1343]

National parks, monuments, etc.

16 USC 460bb-3 note.

To authorize the use of funds from rental of floating drydock and other marine equipment to support the National Maritime Museum in San Francisco, California, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 4(f) of the Act entitled "An Act to establish the Golden Gate National Recreation Area in the State of California, and for other purposes", approved October 27, 1972 (Public Law 92-589; 16 U.S.C. 460bb-3(f)) is amended by— (1) inserting in the second proviso after the words "the administration of said parcels" the following "and of the AFDL38 Drydock or other vessels or heavy marine equipment,"; (2) striking out "for the management of said parcels of property" in such proviso and substituting "for the management (including rental or lease) of said properties"; and (3) inserting in the first paragraph after the words "National Maritime Museum," the word "and" and deleting ", and for a coordinated public and private access system to and within the recreation area and other units of the national park system in Marin and San Francisco Counties". SEC. 2. (a) Section 4(e) of the Act of October 27, 1972 (16 U.S.C. 460bb-3; 92 Stat. 3486), is amended by deleting the phrase ", for a period not exceeding five years from the date of the enactment of this legislation," and by inserting after "sailing vessel Balclutha" the following new phrase "and other historic vessels of the National Maritime Museum". (b) Notwithstanding any other provisions of law, moneys collected pursuant to section 4(e) of the Act of October 27, 1972 (16 U.S.C. 460bb-3; 92 Stat. 3486), since November 10, 1983, shall be deemed to have been collected in accordance with such section as amended by this Act. Approved August 27, 1986.

LEGISLATIVE HISTORY—H.R. 1343: HOUSE REPORTS: No. 99-183 (Comm. on Interior and Insular Affairs). SENATE REPORTS: No. 99-361 (Comm. on Energy and Natural Resources). CONGRESSIONAL RECORD: Vol. 131 (1985): July 15, considered and passed House. Vol. 132 (1986): Aug. 11, considered and passed Senate, amended. Aug. 14, House concurred in Senate amendments.

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 PUBLIC LAW 99-396—AUG. 27, 1986

100 STAT. 837

Public Law 99- 396 99th Congress An Act To amend the Revised Organic Act of the Virgin Islands, to amend the Covenant to Establish a Commonwealth of the Northern Mariana Islands, to amend the Organic Act of Guam, to provide for the governance of the insular areas of the United States, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 12 of the Revised Organic Act of the Virgin Islands (48 U.S.C. 1593), is amended to read as follows: "SEC. 12. (a) The people of the Virgin Islands shall have the rights of initiative and recall to be exercised as provided in subsection (b) and subsection (c), respectively. "(b)(1) An initiative may enact, amend, or repeal any law, except that an initiative shall not be used to repeal a law declared by the legislature at the time of passage to be an emergency law necessary for the preservation of the public health, safety, or peace. "(2) An initiative that proposes a reduction of taxes shall also provide for an equivalent reduction of expenditures or an equivalent increase in revenues from other sources. "(3) An initiative shall address one subject only and matters reasonably related to that subject. "(4) The ballot question shall be in such form that a 'y^s' vote is a vote in favor of the proposal and a 'no' vote is a vote against the proposal. "(5) A copy of the proposed initiative petition, including a complete text of the proposed law and containing signatures equal to at least 1 percent of the voters of each legislative district or 4 percent of all voters of the Virgin Islands must be submitted to the Supervisor of Elections prior to circulation for ballot qualification. The Supervisor of Elections must determine within 10 days after the submission whether the preliminary signatures are sufficient. If so determined, the Supervisor of Elections shall refer the preliminary petition to an initiative titling board consisting of the Attorney General, the Supervisor of Elections, and the legislative counsel of the legislature. The board shall, in an open hearing, prepare the official ballot title, the submission question, and a summary of the initiative proposal, and this preparation shall be completed within 30 days after the referral. "(6) After the ballot title has been written, proponents of the initiative proposal shall have a maximum of 180 days to circulate the petition. Petitions containing signatures equal to at least 10 percent of the voters of each legislative district or 41 percent of all voters of the Virgin Islands must be submitted to the Supervisor of Elections. The Supervisor shall have 15 days to determine that the minimum number of valid signatures are contained in the petition and he shall forward the certified proposal to the legislature which must accept or reject the measure within 30 days. If approved, the initiative shall take effect in accordance with its terms. If the legislature does not approve, the initiative shall be submitted to

Aug. 27, 1986 [H.R. 2478]

Virgin Islands. Northern Mariana Islands. Guam. American Samoa. Trust Territory of the Pacific Islands. Elections.

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 100 STAT. 838

Loans. 48 USC 1681 "°**'

PUBLIC LAW 99-396—AUG. 27, 1986

the voters at the next general election, unless the legislature approves a special election for this purpose. The legislature may submit its own version of the initiative to the voters. Should both measures be approved by the voters, the measure receiving the higher number of votes shall prevail. The voters shall have a clear alternative of rejecting either version or the entire proposition. "(7) An initiative submitted to the voters shall take effect if the initiative is approved by a majority of persons voting and if a majority of the voters of the Virgin Islands vote on the initiative. An initiative may not be vetoed by the Governor, and when approved by the voters, may not be amended or repealed by the legislature during the 3-year period after its approval unless the legislature acts by a two-thirds majority. "(8) The legislature may provide the manner in which petitions shall be circulated, filed, certified, and the ballot question shall be submitted to the voters. "(c)(1) An elected public official of the Virgin Islands may be removed from office by a recall election carried out under this subsection. The grounds for recall are any of the following: lack of fitness, incompetence, neglect of duty, or corruption. "(2) A recall election may be initiated by a two-thirds vote of the members of the legislature or by a petition under this subsection. "(3) Prior to circulation a recall petition which identifies by name and office the official being recalled and which states the grounds for recall shall be submitted to the Supervisor of Elections. The sponsors of the recall petition shall be allowed a period of 60 days after such submission for filing with the Supervisor of Elections a list of signatures equal in number to at least 50 percent of the whole number of votes cast for that office in the last general election at which that office was filled. The Supervisor of Elections shall have 15 days in which to determine whether the minimum number of valid signatures are contained in the recall petition. "(4) A special recall election shall be held with respect to an elected public official not earlier than 30 days after a vote of the legislature under paragraph (2) or a determination of the board of elections under paragraph (3), as the case may be, and not later than 60 days after such vote or determination. "(5) An official shall be removed from office upon approval of the recall in an election in which at least two-thirds of the number of persons voting for such official in the last preceding general election at which such official was elected vote in favor of recall and in which those so voting constitute a majority of all those participating in such recall election. "(6) No recall election shall be held with respect to an elected public official— "(A) during the first year of the first term of office of the official; or "(B) less than 3 months before a general election for the office. "(d) As used in this section, the term— "(1) 'law' means a law of the Virgin Islands; and "(2) 'voter' means a registered voter who is eligible to vote on the issue or for the office involved.". SEC. 2. A total of up to $4,000,000 of funds currently reserved for use by the economic development loan fund, as established under subsection (c) of section 702 of the Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union with the

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100 STAT. 839

United States of America, approved by Public Law 94-241, may be expended for capital improvement projects: Provided, That such funds become available for use by the economic development loan fund and such funds are not obligated for economic development loans. SEC. 3. The first sentence of section 4(a) of the Act of November 20, 1963 (77 Stat. 339) is amended to read as follows: "(a) Except as otherwise provided by law, the governments of the Virgin Islands, Guam, and American Samoa, shall have concurrent civil and criminal jurisdiction with the United States with regard to property owned, reserved, or controlled by the United States in the Virgin Islands, Guam, and American Samoa respectively.". SEC. 4. Effective October 1, 1986, there are authorized to be appropriated $1,200,000 for grants to the College of the Virgin Islands for projects related to the Eastern Caribbean Center, to remain available until expended. SEC. 5. Section 290)) of the Organic Act of Guam (64 Stat. 392) is amended by striking out "Governor" and inserting in lieu thereof "Government of Guam". SEC. 6. The Secretary of the Interior is authorized and directed to develop, in consultation with the Governor of the Virgin Islands, options for the future use or disposition of Water Island which would contribute to economic growth in and make the island an integral part of the Virgin Islands community. The Secretary shall submit such options to the Committee on Interior and Insular Affairs of the House of Representatives and the Committee on Energy and Natural Resources of the Senate within 10 days after the convening of the 100th Congress. SEC. 7. Section 901(a) of part I of title I of the Act of June 19, 1968 (82 Stat. 225, as amended, 42 U.S.C. 3791(a)) is further amended— , (1) in paragraph (2)— (A) by striking out "and"; and (B) by inserting before the semicolon the following: ^•^ ", American Samoa, Guam, and the Northern Mariana Islands: Provided, That for the purposes of section 407(a) American Samoa, Guam, and the Northern Mariana Islands shall be considered as one State and that, for these purposes, 33 per centum of the amounts allocated shall be allocated to American Samoa, 50 per centum to Guam, and 17 per centum to the Northern Mariana Islands"; and (2) in paragraph (3)— (A) by striking out ", Guam, American Samoa" and inserting "and" in lieu thereof; and (B) by striking out all that appears after "Pacific Islands" and inserting a semicolon in lieu thereof. SEC. 8. (a) Section 8A of the Act of September 2, 1937 (50 Stat. 918, as amended and supplemented, 16 U.S.C. 669g-l) is amended by deleting the word "Act," the first place it appears and inserting in lieu thereof: "Act, and hunter safety programs as provided by section 8(b) of this Act,". (b) Section 4(b) of the Act of September 2, 1937 (50 Stat. 918, as amended and supplemented, 16 U.S.C. 669c(b)) is further amended by striking the period at the end of the first sentence and adding: "and Guam, the Virgin Islands, American Samoa, and the Northern Mariana Islands shall each be apportioned one-sixth of 1 per centum of such revenues.".

48 USC 1681 note.

48 USC 1704. Real property.

Effective date. Appropriation authorization. Grants. 48 USC 1421g.

42 USC 3747.

Wildlife.

16 USC 669g.

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 100 STAT. 840

PUBLIC LAW 99-396—AUG. 27, 1986

SEC. 9. (a) Section 506 of the Education Amendments of 1972, Public Law 92-318 (86 Stat. 235) is further amended by inserting, "the Northern Marianas College", after "the College of Micronesia" 7 USC 301 note, in subsection (a). (b) Section 5 of the Act of August 30, 1980, c. 841, 26 Stat. 417 (the Second Morill Act), as added by section 506(c) of Public Law 92-318 7 USC 326a. (86 Stat. 235) is amended by striking out "and Micronesia, and Guam" and inserting in lieu thereof "Guam, the Northern Mariana Islands, and the Trust Territory of the Pacific Islands (other than the Northern Mariana Islands)". (c) Subsection (c) of section 1361 of Public Law 96-374 (94 Stat. 7 USC 301 note. 1367) is amended by striking out "American Samoa and in Micronesia" and inserting in lieu thereof "American Samoa, the Northern Mariana Islands, and the Trust Territory of the Pacific Islands (other than the Northern Mariana Islands)'. (d) Section 22 of the Act of June 29, 1935, c. 388, 49 Stat. 439, as amended (7 U.S.C. 329), is further amended— (1) by striking out "and Guam" wherever it appears and inserting in lieu thereof "Guam, and the Northern Mariana Islands"; (2) by striking out "$8,100,000" and inserting in lieu thereof "$8,250,000"; and (3) by striking out "$4,360,000" and inserting in lieu thereof "$4,380,000". (e) The first sentence of section 303)(2) of the Act of May 8, 1914, c. 79, 38 Stat. 372, as amended (7 U.S.C. 343), is further amended by striking out "and Guam" and inserting in lieu thereof "Guam, and the Northern Mariana Islands". (f) Section 10 of the Act of May 8, 1914, c. 79, 38 Stat. 372, as added by section l(i) of Public Law 87-749 (76 Stat. 745) and as amended (7 U.S.C. 349), is further amended to read as follows: "The term 'State' means the States of the Union, Puerto Rico, the Virgin Islands, Guam and the Northern Mariana Islands.". Grants. SEC. 10. The Act of March 24, 1976 (Public Law 94-241; 90 Stat. 48 USC 1681 263), is amended by adding the following new sections at the end ''°^thereof: "SEC. 3. Pursuant to section 701 of the foregoing Covenant, enactment of this section shall constitute a commitment and pledge of the full faith and credit of the United States for the payment of $228 million at guaranteed annual amounts of direct grant assistance for the Government of the Northern Mariana Islands for an additional period of seven fiscal years after the expiration of the initial sevenyear period specified in section 702 of said Covenant, which assistance shall be provided according to the schedule of payments contained in the Agreement of the Special Representatives on Future United States Financial Assistance for the Government of the Northern Mariana Islands, executed July 10, 1985, between the special representative of the President of the United States and the special representatives of the Governor of the Northern Mariana Spain. Islands. The islands of Rota and Tinian shall each receive no less than a Vs share and the island of Saipan shall receive no less than a VA share of annualized capital improvement project funds, which shall be no less than 80 per centum of the capital development funds identified in the schedule of payments in paragraph 2 of part II of the Agreement of the Special Representatives. Funds shall be granted according to such regulations as are applicable to such grants.

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 PUBLIC LAW 99-396—AUG. 27, 1986

100 STAT. 841

"SEC. 4. (a) Section 704(c) of the foregoing Covenant shall not apply to the Federal financial assistance which is provided to the Government of the Northern Mariana Islands pursuant to section 3 of this Act. "(b) Upon the expiration of the period of Federal financial assistance which is provided to the Government of the Northern Mariana Islands pursuant to section 3 of this Act, payments of direct grant assistance shall continue at the annual level provided for the last fiscal year of the additional period of seven fiscal years until Congress otherwise provides by law. "SEC. 5. Should the Secretary of the Interior believe that the performance standards of the agreement identified in section 3 of this Act are not being met, he shall notify the Government of the Northern Mariana Islands in writing with the intent to resolve such issue in a mutually agreeable and expeditious manner and notify the Committee on Interior and Insular Affairs of the House of Representatives and the Committee on Energy and Natural Resources of the Senate. Should the issue not be resolved within thirty days after the notification is received by the Government of the Northern Mariana Islands, the Secretary of the Interior may request authority from Congress to withhold payment of an appropriate amount of the operations funds identified in the schedule of payments in paragraph 2 of part II of the Agreement of the Special Representatives for a period of less than one year but no funds shall be withheld except by Act of Congress.". SEC 11. The final rule of June 18, 1986, amending part 697 of title 29 of the Code of Federal Regulations shall have no effect. The minimum rates of wages paid to the employees in American Samoa shall be those in effect July 1, 1986, until new rates are established by another industry committee acting pursuant to the Fair Labor Standards Act of 1938. SEC. 12. (a) In awarding assistance grants, consolidated under the provisions of title V of the Act entitled "An Act to authorize certain appropriations for the territories of the United States, to amend certain Acts related thereto, and for other purposes" (91 Stat. 1159, as amended), to the Trust Territory of the Pacific Islands, American Samoa, Guam, the Northern Mariana Islands or the Virgin Islands, the Administrator of the Environmental Protection Agency may, in his discretion, adjust or otherwise modify maintenance or level of effort requirements. (b) In awarding grants to the Trust Territory of the Pacific Islands, American Samoa, Guam, the Northern Mariana Islands and the Virgin Islands under section 201(g)(1) of the Clean Water Act (33 U.S.C. 1251 et seq.), the Administrator of the Environmental Protection Agency may waive limitations regarding grant eligibility for sewerage facilities and related appurtenances, insofar as such limitations relate to collector sewers, based upon a determination that applying such limitations could hinder the alleviation of threats to public health and water quality. In making such a determination, the Administrator shall take into consideration the public health and water quality benefits to be derived and the availability of alternate funding sources. The Administrator shall not award grants under this section for the operation and maintenance of sewerage facilities, for construction of facilities which are not an essential component of the sewerage facilities, or any other activities or facilities which are not concerned with the manage-

48 USC 1681 note. Ante, p. 840. Grants.

48 USC 1681 note.

Wages.

29 USC 201 et seq. Grants. 48 USC 1469a note. 48 USC 1469a.

Grants. Waste disposal. Water. Health and medical care. 33 USC 1281 note. 33 USC 1281.

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 100 STAT. 842

48 USC I42lg.

Aliens.

Defense and national security.

Regulations. 8 USC 1182 note.

Reports. 8 USC 1182 note.

Supra. Nationality.

PUBLIC LAW 99-396—AUG. 27, 1986

ment of wastewater to alleviate threats to public health and water quality. SEC. 13. (a) Section 29 of the Organic Act of Guam (64 Stat. 392) as amended, is further amended— (1) by striking "at such places" and all thereafter in subsection (b) and inserting in lieu thereof "according to the laws of Guam."; and (2) by adding the following new subsection at the end thereof: "(c) The Government of Guam may by law establish an Office of Public Prosecutor and an Office of Public Auditor. The Public Prosecutor and Public Auditor may be removed as provided by the laws of Guam.". SEC. 14. (a) Subsection (1) of section 212 of the Immigration and Nationality Act (8 U.S.C. 1182) is amended to read as follows: "(1)(1) The requirement of paragraph (26)(B) of subsection (a) of this section may be waived by the Attorney General, the Secretary of State, and the Secretary of the Interior, acting jointly, in the case of an alien applying for admission as a nonimmigrant visitor for business or pleasure and solely for entry into and stay on Guam for a period not to exceed fifteen days, if the Attorney General, the Secretary of State, and the Secretary of the Interior, after consultation with the Governor of Guam, jointly determine that— "(A) an adequate arrival and departure control system has been developed on Guam, and "(B) such a waiver does not represent a threat to the welfare, safety, or security of the United States or its territories and commonwealths. "(2) An alien may not be provided a waiver under this subsection unless the alien has waived any right— "(A) to review or appeal under this Act of an immigration officer's determination as to the admissibility of the alien at the port of entry into Guam, or "(B) to contest, other than on the basis of an application for asylum, any action for deportation against the alien. "(3) If adequate appropriated funds to carry out this subsection are not otherwise available, the Attorney General is authorized to accept from the Government of Guam such funds as may be tendered to cover all or any part of the cost of administration and enforcement of this subsection. "(b) After consultation with the Secretary of State, the Secretary of the Interior, and the Governor of Guam and within ninety days after the date of the enactment of this Act, the Attorney General shall issue regulations governing the admission, detention, and travel of nonimmigrant aliens pursuant to the visa waiver authorized by the amendment made by subsection (a). "(c) Each year the Attorney General shall submit a report on the implementation of section 212(1) of the Immigration and Nationality Act to the Committees on the Judiciary and Interior and Insular Affairs of the House of Representatives and the Committees on the Judiciary and Energy and Natural Resources of the Senate.". SEC. 15. (a) Section 308 of the Immigration and Nationality Act (8 U.S.C. 1408) is amended by adding at the end the following new paragraph: "(4) A person born outside the United States and its outlying possessions of parents one of whom is an alien, and the other a national, but not a citizen, of the United States who, prior to the birth of such person, was physically present in the United States or

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100 STAT. 843

its outlying possessions for a period or periods totaling not less than seven years in any continuous period of ten years— "(A) during which the national parent was not outside the United States or its outlying possessions for a continuous period of more than one year, and "(B) at least five years of which were after attaining the age of fourteen years. The proviso of section 301(g) shall apply to the national parent under this paragraph in the same manner as it applies to the citizen parent under that section.". (b) The amendment made by subsection (a) shall apply to persons born before, on, or after the date of the enactment of this Act. In the case of a person born before the date of the enactment of this Act— (1) the status of a national of the United States shall not be considered to be conferred upon the person until the date the person establishes to the satisfaction of the Secretary of State that the person meets the requirements of section 308(4) of the Immigration and Nationality Act, and (2) the person shall not be eligible to vote in any general election in American Samoa earlier than January 1, 1987. SEC. 16. (a) Section 341 of the Immigration and Nationality Act (8 U.S.C. 1452) is amended—

8 USC 1401.

8 USC 1408 note.

Ante, p. 842. Elections.

(1) in the heading, by inserting "OR U.S. NON-CITIZEN NATIONAL

after "CITIZENSHIP", (2) by inserting "(a)" after "SEC. 341.", and (3) by adding at the end the following new subsection: "(b) A person who claims to be a national, but not a citizen, of the United States may apply to the Secretary of State for a certificate of non-citizen national status. Upon— "(1) proof to the satisfaction of the Secretary of State that the applicant is a national, but not a citizen, of the United States, and "(2) in the case of such a person born outside of the United States or its outlying possessions, taking and subscribing, before an immigration officer within the United States or its outlying possessions, to the oath of allegiance required by this Act of a petitioner for naturalization, the individual shall be furnished by the Secretary of State with a certificate of non-citizen national status, but only if the individual is at the time within the United States or its outlying possessions.". (b) The item in the table of contents of such Act relating to section 341 is amended to read as follows: STATUS"

"Sec. 341. Certificates of citizenship or U.S. non-citizen national status; procedure.".

(c) The Secretary of State may not impose a fee exceeding $35 for the processing of an application for a certificate of non-citizen national status under section 341(b) of the Immigration and Nationality Act filed before the end of fiscal year 1987. SEC. 17. The Act of June 12, 1906 (34 Stat. 259, 43 U.S.C. 391), is amended by inserting a comma after "State of Texas" and adding "American Samoa, Guam, the Northern Mariana Islands and the Virgin Islands.". SEC. 18. (a) Section 9(a) of the Organic Act of Guam (64 Stat. 387) is amended by adding the following new sentence at the end thereof: "The Government of Guam may by law establish a Civil Service

8 USC 1452 note.

48 USC 1422c.

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 100 STAT. 844

Appropriation authorization. Puerto Rico. 48 USC 1421 note. 48 USC 1469a-l. Ante, p. 840. 48 USC 731 note. 48 USC 1541 note.

99 Stat. 1037; ante, p. 773. 48 USC 1681 note. Micronesia Marshall Islands.

99 Stat. 1807, 1822, 1825.

48 USC note. 99 Stat. 1799. 16 USC 99 Stat.

1681 1791, 470. 1791.

Retirement.

PUBLIC LAW 99-396—AUG. 27, 1986

Commission to administer the merit system. Members of the commission may be removed as provided by the laws of Guam.". SEC. 19. (a) There are hereby authorized to be appropriated such sums as may be necessary to carry out the purposes of this Act. (b) Pursuant to the terms of the Organic Act of Guam (64 Stat. 384), as amended; the Joint resolution to Approve the Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union With the United States of America (90 Stat. 263), as amended; the Puerto Rican Federal Relations Act (64 Stat. 319), as amended and supplemented; and the Revised Organic Act of the Virgin Islands (86 Stat. 497), as amended and supplemented and an Act to authorize appropriations for certain insular areas of the United States, and for other purposes (92 Stat. 487), as amended; there shall be paid into the treasuries of Guam, the Northern Mariana Islands, Puerto Rico, and the Virgin Islands respectively the full amounts which are to be covered into the treasuries of said islands or paid pursuant to said laws as amended and supplemented and such amounts shall not be reduced, notwithstanding Public Law 99-177, Public Law 99-366, or any other provision of law. SEC. 20. (a) Section 105(b)(2) of Public Law 99-239 is amended to read as follows: "(2) Except for programs or services provided by or through other federal agencies or officials to the Federated States of Micronesia or the Republic of the Marshall Islands, or for which residents thereof are eligible pursuant to the Compact or any other provision of this joint resolution, appropriations made pursuant to the Compact or any other provision of this joint resolution may be made only to the Secretary of the Interior. The Secretary of the Interior shall coordinate and monitor any programs or activities, including such activities for which funding is made directly to such other agencies, provided to the Federated States of Micronesia or the Republic of the Marshall Islands by agencies of the Government of the United States and related economic development planning pursuant to the Compact or pursuant to any other authorization except for the provisions of sections 161(e), 313, and 351 of the Compact and the authorization of the President to agree to an effective date pursuant to this resolution. Funds appropriated to the Secretary of the Interior pursuant to this paragraph shall not be allocated to other Departments or agencies, except that the Secretary of the Interior shall be able to reimburse Departments or agencies for purposes authorized by this joint resolution.". (b) The programs and services specified in section 105(h)(1), sections 105(i)(1) and (2), section 111(a), the services of the National Health Service Corps pursuant to section 105(k), and the Technical Assistance and National Historic Preservation Act grants pursuant to section 105(1), of Public Law 99-239 shall be provided on a nonreimbursable basis. SEC. 21. (a) Section 373 of title 28, United States Code, is amended to read as follows: "§ 373. Judges in territories and possessions "(a) Any judge of the District Court of Guam, the District Court of the Northern Mariana Islands, or the District Court of the Virgin Islands who retires from office after attaining the age and meeting the service requirements whether continuous or otherwise, of subsection (b) shall, during the remainder of his lifetime, receive an annuity equal to the salary he is receiving at the time he retires.

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100 STAT. 845

"(b) The age and service requirements for retirement under subsection (a) of this section are as follows: "Attained age: 65 66 67 68 69 70

Years of service: 15 14 13 12 11 10

"(c)(1) Any judge or former judge who is receiving an annuity pursuant to this section may elect to become a senior judge of the court upon which he served before retiring. "(2) The chief judge of a judicial circuit may recall any such senior judge, with the judge's consent, to perform, for the court from which he retired, such judicial duties for such periods of time as the chief judge may specify. "(3) Any act or failure to act by a senior judge performing judicial duties pursuant to recall under paragraph (2) of this subsection shall have the same force and effect as if it were an act or failure to act of a judge on active duty; but such senior judge shall not be counted as a judge of the court on which he is serving as a recalled annuitant for purposes of the number of judgeships authorized for that court. "(4) Any senior judge performing judicial duties pursuant to recall under paragraph (2) of this subsection shall be paid, while performing such duties, the same compensation (in lieu of the annuity payable under subsection (a) of this section) and the same allowances for travel and other expenses as a judge on active duty with the court being served. "(5) Any senior judge performing judicial duties pursuant to recall under paragraph (2) of this subsection shall at all times be governed by the code of judicial conduct for United States judges approved by the Judicial Conference of the United States. "(d) Any judge who elects to become a senior judge under subsection (c) of this section and who thereafter— "(1) accepts civil office or employment under the Government of the United States (other than the performance of judicial duties pursuant to recall under subsection (c) of this section); "(2) engages in the practice of law; or "(3) materially violates the code of judicial conduct for United States judges, shall cease to be a senior judge and to be eligible for recall pursuant to subsection (c) of this section. "(e) Any judge of the District Court of Guam, the District Court of Handicapped the Northern Mariana Islands, or the District Court of the Virgin persons. Islands who is removed by the President of the United States upon the sole ground of mental or physical disability, or who is not reappointed (as judge of such court), shall be entitled, upon attaining the age of sixty-five years or upon relinquishing office if he is then beyond the age of sixty-five years, (1) if his judicial service, continuous or otherwise, aggregates fifteen years or more, to receive during the remainder of his life an annuity equal to the salary he received when he left office, or (2) if his judicial service, continuous or otherwise, aggregated less than fifteen years but not less than ten years, to receive during the remainder of his life an annuity equal to that proportion of such salary which the aggregate number of his years of his judicial service bears to fifteen. ifi #i

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Page:United States Statutes at Large Volume 100 Part 1.djvu/882

 100 STAT. 846

PUBLIC LAW 99-396—AUG. 27, 1986

"(f) Service at any time as a judge of the courts referred to in subsection (a) or of any other court of the United States, as defined 28 USC 451. by section 451 of this title, shall be included in the computation of aggregate years of judicial service for purposes of this section. "(g) Any retired judge who is entitled to receive an annuity under subsection (a) shall be entitled to a cost of living adjustment in the amount payable to him computed as specified in section 8340(b) of title 5, except that in no case may the annuity payable to such retired judge, as increased under this subsection, exceed 95 per centum of the salary of a United States district judge in regular active service.". (b)(1) Subsection (a)(1)(B) of section 376 of title 28, United States Code, is amended to read as follows: "(B) a judge of the District Court of Guam, the District Court of the Northern Mariana Islands, or the District Court of the Virgin Islands;". (2) Subsection (a)(2)(B) of section 376 of title 28, United States Code, is amended to read as follows: "(B) in the case of a judge of the District Court of Guam, the District Court of the Northern Mariana Islands, or the District Court of the Virgin Islands, (i) an annuity paid under subsection (a) of section 373 of this title or (ii) compensation paid under Ante, p. 844. paragraph (4) of subsection (c) of section 373 of this title;". 28 USC 373 note. (c) The amendments made by this section shall not affect the amount payable to a judge who retired in accordance with the provisions of section 373 of title 28, United States Code, in effect on the day before the date of enactment of this Act. Indians. SEC. 22. (a) The first proviso of section 2(a)(2) of Public Law 94-204 Securities. (89 Stat. 1146) as amended by section 1411(a) of Public Law 96-487 43 USC?!??!' ^^^ ^*^^- 2498) is amended to read as follows: "Provided, That the note. interest on proceeds received prior to January 2, 1976, shall be calculated and paid at the rate of the earnings on Individual Indian Moneys in the custody of the Secretary of the Interior pursuant to sections 463 and 465 of the Revised Statutes (25 U.S.C. 2 and 9) and invested by him pursuant to the Act of June 24, 1938 (25 U.S.C. 162a), from the date of receipt to January 2, 1976. Effective January 2, 1976, the interest so calculated shall be added to the principal amount of such proceeds. The interest on this total amount and on proceeds received on or after January 2, 1976, shall be calculated and paid as though such proceeds and previously calculated interest had been deposited in the escrow account from January 2, 1976, or the date of receipt, whichever occurs later, to the date of payment to the affected Corporation.", (b) Section 2(e) of Public Law 94-204 (89 Stat. 1146) as added by 43 USC 1613 section 1411(b) of Public Law 96-487 (94 Stat. 2498) is amended to note. read as follows: "(e) The Secretary shall calculate the amounts payable pursuant to this section and notify the affected Corporation of the results of his calculations. The affected Corporation shall have thirty days in which to appeal the Secretary's calculations after which the Secretary shall promptly make a final determination of the amounts payable. The Secretary shall certify such final determinations to the Secretary of the Treasury and each determination shall constitute a final judgment, award, or compromise settlement under section 1304 of title 31 of the United States Code. The Secretary of the Treasury is authorized and directed to pay such amounts to the appropriate Real property. Corporation out of funds in the Treasury: Provided, That if the lands

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Page:United States Statutes at Large Volume 100 Part 1.djvu/883

 PUBLIC LAW 99-396—AUG. 27, 1986

100 STAT. 847

from which the proceeds and interest entitlement are derived have not been conveyed to the selecting Native Corporation at the time the Secretary makes his final determination, the Secretary of the Treasury is authorized and directed to pay such amount into the escrow account where it will earn interest and be disbursed in the same manner as other proceeds and interest." Approved August 27, 1986.

LEGISLATIVE HISTORY—H.R. 2478: HOUSE REPORTS: No. 99-116 and Pt. 2 (Comm. on Interior and Insular Affairs). SENATE REPORTS: No. 99-236 (Comm. on Energy and Natural Resources). CONGRESSIONAL RECORD: Vol. 131 (1985): Dec. 3, considered and passed House. Vol. 132 (1986): Apr. 24, considered and passed Senate, amended. Aug. 1, House concurred in Senate amendment No. 1; disagreed to Senate amendment No. 3; and concurred in other Senate amendments with amendments. Aug. 9, Senate receded from amendment No. 3 and agreed to House amendments. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 22 (1986): Aug. 27, Presidential statement.

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text: Narrative of an Official Visit to Guatemala from Mexico/Chapter 6


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Page:United States Statutes at Large Volume 100 Part 1.djvu/884

 100 STAT. 848

PUBLIC LAW 99-397—AUG. 27, 1986

Public Law 99-397 99th Congress An Act Aug. 27, 1986 [H.R. 3108]

Communications and telecommunications.

To amend title 17, United States Code, to clarify the definition of the local service area of a primary transmitter in the case of a low power television station.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the fourth paragraph of section 111(f) of title 17, United States Code, relating to the definition of local service area of a primary transmitter, is amended by adding after the first sentence the following new sentence: "In the case of a low power television station, as defined by the rules and regulations of the Federal Communications Commission, the 'local service area of a primary transmitter' comprises the area within 35 miles of the transmitter site, except that in the case of such a station located in a standard metropolitan statistical area which has one of the 50 largest populations of all standard metropolitan statistical areas (based on the 1980 decennial census of population taken by the Secretary of Commerce), the number of miles shall be 20 miles.". SEC. 2. (a) Section 111(d) of title 17, United States Code, is amended— (1) in paragraph (3) by striking out "clause (2)" and inserting in lieu thereof "paragraph (1)"; (2) in paragraph (2) by striking out "clause (5)" and inserting in lieu thereof "paragraph (4)"; (3) in paragraph (2)(B) by striking out "clause (5)" and inserting in lieu thereof "paragraph (4)"; (4) by striking out paragraph (1); and (5) by redesignating paragraphs (2), (3), (4), and (5) as paragraphs (1), (2), (3), and (4), respectively. (b) Section 111(f) of title 17, United States Code, is amended by striking out "subsection (d)(2)" in the third undesignated paragraph defining a cable system and inserting in lieu thereof "subsection (d)(1)". (c) Section 801(b)(2) of title 17, United States Code, is amended by striking out "111(d)(2)(B)" each place it appears and inserting in lieu thereof "111(d)(1)(B)". (d) Section 801(d)(2)(D) of title 17, United States Code, is amended by striking out "111(d)(2)(C) and (D)" and inserting in lieu thereof "111(d)(1)(C) and (D)". Approved August 27, 1986.

H:'

LEGISLATIVE HISTORY—H.R. 3108: HOUSE REPORTS: No. 99-615 (Comm. on the Judiciary). CONGRESSIONAL RECORD, Vol. 132 (1986): July 28, considered and passed House. Aug. 9, considered and passed Senate, amended. Aug. 15, House concurred in Senate amendments.

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Page:United States Statutes at Large Volume 100 Part 1.djvu/885

 PUBLIC LAW 99-398—AUG. 27, 1986

100 STAT. 849

Public Law 99-398 99th Congress An Act To provide for the restoration of the Federal trust relationship with, and Federal services and assistance to, the Klamath Tribe of Indians and the individual members thereof consisting of the Klamath and Modoc Tribes and the Yahooskin Band of Snake Indians, and for other purposes.

Aug. 27, 1986 [H.R. 3554]

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

Tribe Restoration Act. Oregon

SECTION 1. SHORT TITLE.

This Act may be cited as the "Klamath Indian Tribe Restoration Act". SEC.

2.

RESTORATION OF PRIVILEGES.

FEDERAL

RECOGNITION.

RIGHTS.

25 USC 566 note

AND 25 USC 566.

(a) FEDERAL RECOGNITION.—Notwithstanding any provision of law,

Federal recognition is hereby extended to the tribe and to members of the tribe. Except as otherwise provided in this Act, all laws and regulations of the United States of general application to Indians or nations, tribes, or bands of Indians which are not inconsistent with any specific provision of this Act shall be applicable to the tribe and its members. (b) RESTORATION OF RIGHTS AND PRIVILEGES.—All rights and privi-

leges of the tribe and the members of the tribe under any Federal treaty, Executive order, agreement, or statute, or any other Federal authority, which may have been diminished or lost under the Act entitled "An Act to provide for the termination of Federal supervision over the property of the Klamath Tribe of Indians located in the State of Oregon and the individual members thereof, and for other purposes", approved August 13, 1954 (25 U.S.C. 564 et seq.), are restored, and the provisions of such Act, to the extent that they are inconsistent with this Act, shall be inapplicable to the tribe and to members of the tribe after the date of the enactment of this Act. (c) FEDERAL SERVICES AND BENEFITS.—Notwithstanding any other provision of law, the tribe and its members shall be eligible, on and after the date of the enactment of this Act, for all Federal services and benefits furnished to federally recognized Indian tribes or their members without regard to the existence of a reservation for the tribe. In the case of Federal services available to members of federally recognized Indian tribes residing on or near a reservation, members of the tribe residing in Klamath County shall be deemed to be residing in or near a reservation. Any member residing in Klamath County shall continue to be eligible to receive any such Federal service notwithstanding the establishment of a reservation for the tribe in the future. Notwithstanding any other provision of law, the tribe shall be considered an Indian tribe for the purpose of the "Indian Tribal Government Tax Status Act" (Sec. 7871, I.R.C. 1954). 26 USC 7871.

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Page:United States Statutes at Large Volume 100 Part 1.djvu/886

 100 STAT. 850

PUBLIC LAW 99-398—AUG. 27, 1986

Oklahoma. 25 USC 861a.

(d) CERTAIN RIGHTS NOT ALTERED.—Nothing in this Act shall alter any property right or obligation, any contractual right or obligation, or any obligation for taxes already levied. (e) This Act does not apply to the members of the Modoc Indian Tribe of Oklahoma as recognized under section 2(a) of the Act of May 15, 1978 (92 Stat. 246) and the Klamath Tribe of Indians does not (except for the purposes set out in section 2(a)(1) of that Act) include the members of the Modoc Indian Tribe of Oklahoma.

25 USC 566a.

SEC. 3. TRIBE CONSTITUTION AND BYLAWS.

25 USC 566b.

25 USC 478.

25 USC 566c.

Taxes. 25 USC 566d.

25 USC 566e.

The tribe's Constitution and Bylaws shall remain in full force and effect and nothing in this Act shall affect the power of the General Council to take any action under the Constitution and Bylaws. SEC, 4 CONSERVATION AND DEVELOPMENT OF LANDS. . (a) IN GENERAL.—Notwithstanding the tribe's previous rejection of the Act of June 18, 1934 (25 U.S.C 461 et seq.), upon written request of the General Council, the Secretary of the Interior shall conduct a special election pursuant to section 18 of such Act to determine if such Act should be applicable to the tribe. (b) ADOPTION OF CONSTITUTION.—Upon written request of the General Council, the Secretary shall conduct an election pursuant to section 16 of the Act approved on June 18, 1934 (43 Stat. 987; 25 U.S.C. 476), for the purpose of adopting a new constitution for the tribe. SEC. 5. HUNTING. FISHING. TRAPPING. AND WATER RIGHTS.

Nothing in this Act shall affect in any manner any hunting, fishing, trapping, gathering, or water right of the tribe and its members. SEC. 6 TRANSFER OF LAND TO BE HELD IN TRUST. . The Secretary shall accept real property for the benefit of the tribe if conveyed or otherwise transferred to the Secretary. Such property shall be subject to all valid existing rights including liens, outstanding taxes (local and State), and mortgages. Subject to the conditions imposed by this section, the land transferred shall be taken in the name of the United States in trust for the tribe and shall be part of their reservation. The transfer of real property authorized by this section shall be exempt from all local, State, and Federal taxation as of the date of transfer. SEC. 7. CRIMINAL AND CIVIL JURISDICTION.

The State shall exercise criminal and civil jurisdiction within the boundaries of the reservation, in accordance with section 1162 of title 18, United States Code, and section 1360 of title 28, United States Code, respectively. 25 USC 566f.

State and local governments.

SEC. 8. ECONOMIC DEVELOPMENT.

(a) PLAN FOR ECONOMIC SELF-SUFFICIENCY.—The Secretary shall— (1)(A) enter into negotiations with the Executive Committee of the General Council with respect to establishing a plan for economic development for the tribe; and (B) in accordance with this section and not later than two years after the date of the enactment of this Act, develop such a plan. (2) Upon the approval of such plan by the General Council (and after consultation with the State and local officials pursu-

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Page:Amazing Stories Volume 01 Number 01.djvu/51

Rh And, turning contemptuously on his heel, Servadac left the old man vociferating bitterly, and with uplifted hands protesting vehemently against the rapacity of the Gentiles.

By the 20th all preliminary arrangements were complete, and everything ready for a final departure from the island. The thermometer stood on an average at 8° below zero, and the water in the cistern was completely frozen. It was determined, therefore, for the colony to embark on the following day, and take up their residence in Nina's Hive.

A final consultation was held about the Hansa. Lieutenant Procope pronounced his decided conviction that it would be impossible for the tartan to resist the pressure of the ice in the harbor of the Shelif, and that there would be far more safety in the proximity of the volcano. It was agreed on all hands that the vessel must be shifted; and accordingly orders were given, four Russian sailors were sent on board, and only a few minutes elapsed after the Dobryna had weighed anchor, before the great lateen sail "of the tartan was unfurled, and the "shop-ship," as Ben Zoof delighted to call it, was also on her way to the southward.

Long and loud were the lamentations of the Jew. He kept exclaiming that he had given no orders, that he was being moved against his will, that he had asked for no assistance, and needed none; but it required no very keen discrimination to observe that all along there was a lurking gleam of satisfaction in his little gray eyes, and when, a few hours later, he found himself securely anchored, and his property in a place of safety, he quite chuckled with glee.

"God of Israel!" he said in an undertone, "they have made no charge; the idiots have piloted me here for nothing."

For nothing! His whole nature exulted in the consciousness that he was enjoying a service that had been rendered gratuitously.

Destitute of human inhabitants, Gourbi Island was now left to the tenancy of such birds and beasts as had escaped the recent promiscuous slaughter. Birds, indeed, that had migrated in search of warmer shores, had returned, proving that this fragment of the French colony was the only shred of land that could yield them any sustenance; but their life must necessarily be short. It was utterly impossible that they could survive the cold that would soon ensue.

The colony took possession of their new abode with but few formalities. Everyone, however, approved of all the internal arrangements of Nina's Hive, and were profuse in their expressions of satisfaction at finding themselves located in such comfortable quarters. The only malcontent was Hakkabut; he had no share in the general enthusiasm, refused even to enter or inspect any of the galleries, and insisted on remaining on board his tartan.

"He is afraid," said Ben Zoof, "that he will have to pay for his lodgings. But wait a bit; we shall see how he stands the cold out there; the frost, no doubt, will drive the old fox out of his hole."

Towards evening the pots were set boiling, and a bountiful supper, to which all were invited, was spread in the central hall. The stores of the Dobryna contained some excellent wine, some of which was broached to do honor to the occasion. The health of the governor general was drunk, as well as the toast "Success to his council," to which Ben Zoof was called upon to return thanks. The entertainment passed off merrily. The Spaniards were in the best of spirits; one of them played the guitar, another the castanets, and the rest joined in a ringing chorus. Ben Zoof contributed the famous Zouave refrain, well known throughout the French army, but rarely performed in finer style than by this virtuoso:

The concert was succeeded by a ball, unquestionably the first that had ever taken place in Gallia. The Russian sailors exhibited some of their national dances, which gained considerable applause, even though they followed upon the marvelous fandangos of the Spaniards. Ben Zoof, in his turn, danced a pas seul (often performed in the Elysée Montmartre) with an elegance and vigor that earned many compliments from Negrete.

It was nine o'clock before the festivities came to an end, and by that time the company, heated by the high temperature of the hall, and by their own exertions, felt the want of a little fresh air. Accordingly the greater portion of the party, escorted by Ben Zoof, made their way into one of the adjacent galleries that led to the shore. Servadac, with the count and lieutenant, did not follow immediately; but shortly afterwards they proceeded to join them, when on their way they were startled by loud cries from those in advance.

Their first impression was that they were cries of distress, and they were greatly relieved to find that they were shouts of delight, which the dryness and purity of the atmosphere caused to re-echo like a volley of musketry.

Reaching the mouth of the gallery, they found the entire group pointing with eager interest to the sky.

"Well, Ben Zoof," asked the captain, "what's the matter now?"

"Oh, your Excellency," ejaculated the orderly, "look there! look there! The moon! the moon's come back!"

And, sure enough, what was apparently the moon was rising above the mists of evening.

moon! She had disappeared for weeks; was she now returning? Had she been faithless to the earth? and had she now approached to be a satellite of the new-born world?

"Impossible!" said Lieutenant Procope; "the earth is millions and millions of leagues away, and it is not probable that the moon has ceased to revolve about her."

"Why not?" remonstrated Servadac. "It would not be more strange than the other phenomena which we have lately witnessed. Why should not


text:
Page:United States Statutes at Large Volume 100 Part 1.djvu/887

 PUBLIC LAW 99-398—AUG. 27, 1986

100 STAT. 851

ant to subsection (b)), the Secretary shall submit such plan to the Congress. (b) CONSULTATION WITH STATE AND LOCAL OFFICIALS REQUIRED.—

To assure that legitimate State and local interests are not prejudiced by the proposed economic self-sufficiency plan, the Secretary shall notify and consult with the appropriate officials of the State and all appropriate local governmental officials in the State. The Secretary shall provide complete information on the proposed plan to such officials, including the restrictions on such proposed plan imposed by subsection (c). During any consultation by the Secretary under this subsection, the Secretary shall provide such information as the Secretary may possess, and shall request comments and additional information on the extent of any State or local service to the tribe. (c) RESTRICTIONS TO BE CONTAINED IN PLAN.—Any plan developed Real property, by the Secretary under subsection (a) shall provide that— (1) any real property transferred by the tribe or any member to the Secretary shall be taken and held in the name of the United States for the benefit of the tribe; (2) any real property taken in trust by the Secretary pursuant to such plan shall be subject to— (A) all legal rights and interests in such land existing at Taxes. the time of the acquisition of such land by the Secretary, including any lien, mortgage, or previously levied and outstanding State or local tax; and (B) foreclosure or sale in accordance with the laws of the State pursuant to the terms of any valid obligation in existence at the time of the acquisition of such land by the Secretary; and (3) any real property transferred pursuant to such plan shall Taxes. be exempt from Federal, State, and local taxation of any kind. (d) APPENDIX TO PLAN SUBMITTED TO THE CONGRESS.—The Secretary shall append to the plan submitted to the Congress under subsection (a) a detailed statement— (1) naming each individual and official consulted in accordance with subsection (b); (2) summarizing the testimony received by the Secretary pursuant to any such consultation; and (3) including any written comments or reports submitted to the Secretary by any party named in paragraph (1). SEC. 9. DEFINITIONS.

For the purposes of this Act the following definitions apply: (1) The term "tribe" means the Klamath Tribe consisting of the Klamath and Modoc Tribes of Oregon and the Yahooskin Band of Snake Indians. (2) The term "member" means those persons eligible for enrollment under the Constitution and Bylaws of the Klamath Tribe. (3) The term "Secretary" means the Secretary of the Interior or his designated representative. (4) The term "State" means the State of Oregon. (5) The term "Constitution and Bylaws" means the Constitution and Bylaws of the Klamath Tribe of Indians in effect on the date of the enactment of this Act. (6) The term "General Council" means the governing body of the tribe under the Constitution and Bylaws.

25 USC 566g.

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Page:United States Statutes at Large Volume 100 Part 1.djvu/888

 100 STAT. 852 25 USC 566h.

PUBLIC LAW 99-398—AUG. 27, 1986

SEC. 10. REGULATIONS.

The Secretary may make such rules and regulations as are necessary to carry out the purposes of this Act. Approved August 27, 1986.

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LEGISLATIVE HISTORY—H.R. 3554: HOUSE REPORTS: No. 99-630 (Comm. on Interior and Insular Affairs). CONGRESSIONAL RECORD, Vol. 132 (1986): June 16, considered and passed House. Aug. 15, considered and passed Senate.,.^ , ,,

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Page:United States Statutes at Large Volume 100 Part 1.djvu/889

 PUBLIC LAW 99-399—AUG. 27, 1986

100 STAT. 853

Public Law 99-399 99th Congress An Act To provide enhanced diplomatic security and combat international terrorism, and for other purposes.

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

Aug. 27, 1986 [H.R. 4151]

Omnibus

SECTION 1. SHORT TITLE.

Diplomatic Security and

This Act may be cited as the "Omnibus Diplomatic Security and Antiterrorism Act of 1986".

Art'^^osT™ 22 USC 4801

SEC. 2. TABLE OF CONTENTS.

"^^

The table of contents of this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. TITLE I—DIPLOMATIC SECURITY Sec. Sec. Sec. Sec. Sec. Sec. Sec.

101. 102. 103. 104. 105. 106. 107.

Short title. Findings and purposes. Responsibility of the Secretary of State. Bureau of Diplomatic Security. Responsibilities of the Assistant Secretary for Diplomatic Security. Cooperation of other Federal agencies. Protection of foreign consulates.

TITLE II—DIPLOMATIC SECURITY SERVICE Sec. 201. Establishment of Diplomatic Security Service. Sec. 202. Director of Diplomatic Security Service. Sec. 203. Positions in the Diplomatic Security Service. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec.

301. 302. 303. 304. 305. 401. 402. 403. 404. 405. 406. 407. 408.

Sec. 409. Sec. Sec. Sec. Sec. Sec.

410. 411. 412. 413. 414.

TITLE III—PERFORMANCE AND ACCOUNTABILITY Accountability review. Accountability Review Board. Procedures. Findings and recommendations by a Board. Relation to other proceedings. TITLE IV-DIPLOMATIC SECURITY PROGRAM Authorization. Diplomatic construction program. Security requirements for contractors. Qualifications of persons hired for the diplomatic construction program. Cost overruns. Efficiency in contracting. Advisory Panel on Overseas Security. Training to improve perimeter security at United States diplomatic missions abroad. Protection of public entrances of United States diplomatic missions abroad. Certain protective functions. Reimbursement of the Department of the Treasury. Inspector General for the United States Information Agency. Inspector General for the Department of State. Prohibition on the use of funds for facilities in Israel, Jerusalem, or the West Bank.

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Page:United States Statutes at Large Volume 100 Part 1.djvu/890

 100 STAT. 854

Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec.

PUBLIC LAW 99-399—AUG. 27, 1986 TITLE V—STATE DEPARTMENT AUTHORITIES TO COMBAT .,., INTERNATIONAL TERRORISM 501. Rewards for international terrorists. 502. Rewards for information relating to international narcoterrorism and drug trafficking. 503. Coordination of terrorism-related assistance. 504. Counterterrorism Protection Fund. ' '"•' ' - • " • • - ' • »*> »H * 505. Terrorism-related travel advisories. 506. Authority to control certain terrorism-related services. , 507. Management of antiterrorism assistance programs. "'' •'508. Nonlethal airport security equipment and commodities for Egypt. 509. Exports to countries supporting acts of international terrorism.

Sec. 601. Sec. 602. Sec. 603. Sec. 604. Sec. 605. Sec. 606.

TITLE VI—INTERNATIONAL NUCLEAR TERRORISM Actions to combat international nuclear terrorism. Authority to suspend nuclear cooperation with nations which have not ratified the Convention on the Physical Protection of Nuclear Material. Consultation with the Department of Defense concerning certain nuclear exports and subsequent arrangements. Review of physical security standards. International review of the nuclear terrorism problem. Criminal history record checks.

TITLE VII—MULTILATERAL COOPERATION TO COMBAT INTERNATIONAL TERRORISM Sec. 701. International Antiterrorism Committee. Sec. 702. International arrangements relating to passports and visas. Sec. 703. Protection of Americans endangered by the appearance of their place of birth on their passports. Sec. 704. Use of diplomatic privileges and immunities for terrorism purposes. Sec. 705. Reports on progress in increasing multilateral cooperation. Sec. 801. Sec. 802. Sec. 803. Sec. 804. Sec. 805. Sec. 806. Sec. 807. Sec. 808.

TITLE VIII—VICTIMS OF TERRORISM COMPENSATION Short title. Payment to individuals held in captive status between November 4, 1979, and January 21, 198?. Benefits for captives and other victims of hostile action. Retention of leave by alien employees following injury from hostile action abroad. Transition provisions. Benefits for members of uniformed services who are victims of hostile action. Regulations. Effective date of entitlements. TITLE IX—MARITIME SECURITY

Sec. 901. Short title. Sec. 902. International measures for seaport and shipboard security. Sec. 903. Measures to prevent unlawful acts against passengers and crews on board ships. Sec. 904. Panama Canal security, Sec. 905. Threat of terrorism to United States ports and vessels. Sec. 906. Port, harbor, and coastal facility security. Sec. 907. Security standards at foreign ports. Sec. 908. Travel advisories concerning security at foreign ports. ' ' Sec. 909. Suspension of passenger services. Sec. 910. Sanctions for the seizure of vessels by terrorists. Sec. 911. Definitions. Sec. 912. Authorization of appropriations. Sec. 913. Reports. Sec. 1001. Sec. 1002. Sec. 1003. Sec. 1004. Sec. 1005.

TITLE X—FASCELL FELLOWSHIP PROGRAM Short title. Fellowship program for temporary service at United States missions in the Soviet Union and Eastern Europe. Fellowship Board. Fellowships. Secretary of State.

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