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Page:United States Statutes at Large Volume 95.djvu/1710

 95 STAT. 1684

84 Stat. 1824.

90 Stat. 2923.

76 Stat. 1180.

Tampa, Fia., ^lilf!.,„*.;«_ construction. """"

PUBLIC LAW 97-128—DEC. 29, 1981

Bridge and the northeasterly side of the existing Northern Avenue Bridge. (b) Work shall not be commenced on such bridge until the location and plans therefor are submitted to and approved by the Secretary of Transportation. (c) Any project heretofore authorized by an Act of Congress, insofar as such project relates to the above described portions of Fort Point Channel, is hereby abandoned. (d) In approving the location and plans of any bridge, the Secretary of Transportation may impose any specific conditions relating to the maintenance and operation of the structure which may be deemed necessary in the interest of public navigation. SEC. 5. The project for the Sandridge Dam and Reservoir, EUicott Creek, New York, for flood protection and other purposes as authorized ui section 201 of the Flood Control Act of 1970 is hereby modified to authorize the Secretary of the Army, acting through the Chief of Engineers, to construct a combination of channel enlargement work and diversion channels along Ellicott Creek mostly in the town of Amherst in accordance with the report of the Chief of Engineers dated April 2, 1979, except that cost sharing for such project shall be as provided in the report of the Board of Engineers for Rivers and Harbors dated July 20, 1978, at an estimated cost of $13,200,000. SEC. 6. (a) The lock authorized by section 114 of the Water Resources Development Act of 1976 (Public Law 94-587), as a replacement for Vermilion Lock, Louisiana, shall hereafter be known as Leland Bowman Lock. Any law, regulation, map, document, or record of the United States which refers to such lock shall hereafter be held and considered to refer to such lock as "Leland Bowman Lock". (b) The dam and reservoir on the Salt River, Missouri, known as the Clarence Cannon Dam and Reservoir, authorized by section 203 of the Flood Control Act of 1962 (Public Law 87-874) as the Joanna Reservoir, shall hereafter be known as the Clarence Cannon Dam and Mark Twain Lake. Any law, regulation, map, document, or record of the United States in which such dam and reservoir are referred to shall be held and considered to refer to such dam as the Clarence Cannon Dam and to such reservoir as the Mark Twain Lake, respectively. SEC. 7. (a) The consent of Congress is hereby given to the city of Tampa, Florida, or its designee to construct and maintain two fixedspan bridges in and over the waters of the Garrison Channel, Tampa, Florida; one bridge to be at or adjacent to the site of the existing bascule railroad bridge and the other bridge to be at the site of the southerly extension of Franklin Street. Work shall not be commenced on such bridges until the location and plans therefor are submitted to and am)roved by the Secretary of Transportation. (b) m the case of any project authorized before the date of enactment of this Act which relates to that portion of Garrison Channel from the point of intersection of the easterly right-of-way line of the existing railroad bridge with the existing pierhead and bulkhead line on the north side of Garrison Channel, westward to, but not to include the turning basin at the junction of Garrison and Seddon Channels, the authorization relating to such portion of Garrison Channel shall be terminated upon approval by the Secretary of Transportotion of the location and plans for the first of the bridges referred to in subsection (a) of this section. (c) Any project authorized before the date of enactment of this Act as it relates to the construction and maintenance of Seddon Channel, ia hereby modified to provide for a channel two hundred feet wide by

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Page:United States Statutes at Large Volume 95.djvu/1711

 PUBLIC LAW 97-128—DEC. 29, 1981

95 STAT. 1685

twelve feet deep from the junction of Sparkman and Seddon Channels northwesterly to its intersection with the Federal navigation project for the Hillsborough River. (d) In approving the location and plans of any bridge under this section, the Secretary of Transportation may impose any specific conditions relating to the maintenance and operation of the structure which the Secretary deems necessary in the interest of public navigation. SEC. 8. No houseboat, floating cabin, marina (including any with 16 USC 460d sleeping facilities), dock, cabin, or other structure of a permanent note. nature shall be required to be removed before December 31, 1989, from any Federal water resources reservoir or lake project administered by the Secretary of the Army, acting through the Chief of Engineers, on which it was located on the date of enactment of this Act, if such property is maintained in usable condition. Approved December 29, 1981.

LEGISLATIVE HISTORY—S. 1493: SENATE REPORT No. 97-270 (Comm. on Environment and Public Works). CONGRESSIONAL RECORD, Vol. 127 (1981): Nov, 18, considered and passed Senate. Nov. 23, considered and passed House, amended. Dec. 16, Senate concurred in House amendments. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 17, No. 53 (1981): Dec. 29, Presidential statement.

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Page:United States Statutes at Large Volume 95.djvu/1712

 95 STAT. 1686

PUBLIC LAW 97-129—DEC. 29, 1981

Public Law 97-129 97th Congress An Act Dec. Ja, 1981 [S. 1211]

rjig amend the Toxic Substances Control Act to authorize appropriations for fiscal years 1982 and 1983.

Be it enacted by the Senate and House of Representatives of the Toxic Substances United States of America in Congress assembled. That (a) the first amendment' sentence of section 28(d) of the Toxic Substances Control Act is amended to read as follows: "For the purpose of making grants under 15 USC 2627. subsection (a), there are authorized to be appropriated $1,500,000 for each of thefiscalyears 1982 and 1983.". 15 USC 2628. (b) Section 29 of the Toxic Substances Control Act is amended by striking out "$10,100,000" and all that follows through "1979" and inserting in lieu thereof the following: "$58,646,000 for the fiscal year 1982 and $62,000,000 for thefiscalyear 1983". Approved December 29, 1981.

LEGISLATIVE HISTORY—S. 1211 (H.R. 3495): HOUSE REPORTS: No. 97-86 accompanying H.R. 3495 (Comm. on Energy and Commerce) and No. 97-373 (Comm. of Conference). SENATE REPORT No. 97-117 (Comm. on Environment and Public Works). CONGRESSIONAL RECORD, Vol. 127 (1981): June 2, considered and passed Senate. Sept. 29, H.R. 3495 considered and passed House; proceedings vacated and S. 1211 passed in lieu, amended. Dec. 16, House and Senate agreed to conference report.

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Page:United States Statutes at Large Volume 95.djvu/1713

 PUBLIC LAW 97-130—DEC. 29, 1981

Public Law 97-130 97th Congress

95 STAT. 1687

An Act

To amend the Communications Act of 1934 to eliminate certain provisions relating to consolidations or mergers of telegraph and record carriers and to create a fully competitive marketplace in record carriage, and for other purposes.

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

1. This Act may be referred to as the "Record Carrier Competition Act of 1981". SECTION

Dec. 29, 1981 [S. 271]

Record Carrier Competition Act of 1981. 47 USC 609 note.

COMPETITION AMONG RECORD CARRIERS

SEC. 2. Section 222 of the Communications Act of 1934 is amended 47 USC 222. to read as follows: COMPETITION AMONG RECORD CARRIERS

"SEC. 222. (a) For purposes of this section: Definitions. "(1) The term 'primary existing international record carrier' means any record carrier which (A) derives a majority of its revenues during any calendar year from the provision of international record communications services between points of entry into or exit from the United States and points outside the United States; (B) is eligible, on the date of the enactment of the Record Carrier Competition Act of 1981, to obtain record traffic from a record carrier in the United States for delivery outside the United States; and (C) is engaged in the direct provision of record communications services between the United States and four or more continents. "(2) The term 'record carrier' means a common carrier engaged in the offering for hire of any record communications service, including service on interstate network facilities between two points located in the same State. Such term does not include any common carrier which derives a majority of its revenues during any calendar year from the provision of services other than record communications service. "(3) The term 'record communications service' means those services traditionally offered by telegraph companies, such as telegraph, telegram, telegram exchange, and similar services involving an interconnected network of teletypewriters. "OJXD The Commission shall, to the maximum extent feasible, promote the development of fully competitive domestic and international markets in the provision of record communications service, so that the public may obtain record communications service and facilities (including terminal equipment) the variety and price of which are governed by competition. In order to meet the purposes of this section, the Commission shall forbear from exercising its author-

89-194 0 - 8 2

108:QL3

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Page:United States Statutes at Large Volume 95.djvu/1714

 95 STAT. 1688

Facilities, availability.

47 USC 201.

Agreement.

PUBLIC LAW 97-130—DEC. 29, 1981

ity under this Act as the development of competition among record carriers reduces the degree of regulation necessary to protect the public. "(2) In furtherance of the purposes of this section, record carriers shall not impose upon users of any regulated record communications services the costs of any other services or facilities (including terminal equipment), whether regulated or unregulated. "(c)(l)(A)(i) In implementing its responsibilities under section 201(a), the Commission shall require each record carrier to make available to any other record carrier, upon reasonable request, full interconnection with any facility operated by such record carrier, and used primarily to provide record communications service. Such facility shall be made available, through written agreement, upon terms and conditions which are just, fciir, and reasonable, and which are otherwise consistent with the purposes of this section. "(ii)(I) Subject to the provisions of subclause (II), if a request for interconnection under clause (i) is for the purpose of providing international record communications service, then the agreement entered into under clause (i) shall require that the allocation of record communications service between points outside the United States and points of entry in the United States shall be based upon a pro rata share of record communications service between points of exit out of the United States and points outside the United States provided by the carrier making such request for interconnection. "(II) The requirement established in subclause (I) shall not apply in any case in which the customer requesting any record communications service between a point outside the United States and a point of entry in the United States has the option to specify the international record carrier which will provide such record communications service. "(B) The Commission shall require that— "(i) if any record carrier engages both in the offering for hire of domestic record communications services and in the offering for hire of international record communications services, then such record carrier shall be treated as a separate domestic record carrier and a separate international record carrier for purposes of administering interconnection requirements; "(ii) in any case in which such separate domestic record carrier furnishes interconnection to such separate international record carrier, any interconnection which such separate domestic record carrier furnishes to other international record carriers shall be (I) equal in type and quality; and (II) made available at the same rates and upon the same terms and conditions; and "(iii) in any case in which such separate international record carrier furnishes interconnection to such separate domestic record carrier, any interconnection which such separate international record carrier furnishes to other domestic record carriers shall be (I) equal in type and quality; and (II) made available at the same rates and upon the same terms and conditions. The requirements of clauses (i), (ii), and (iii) shall not apply to a record carrier if such record carrier does not have a significant share of the market for record communications services. "(2) If any request made by a record carrier under paragraph (l)(A)(i) will require an agreement under which any record communications service or facility operated by one of the parties to such agreement will be used by any other party to such agreement, then such agreement shall establish a nondiscriminatory formula for the equitable allocation of revenues derived from such use between the

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Page:United States Statutes at Large Volume 95.djvu/1715

 PUBLIC LAW 97-130—DEC. 29, 1981

95 STAT. 1689

parties to such agreement, except that each party to such agreement shall have the right to establish the total price charged by such party to the public for any such service which is originated by such party, consistent with the provisions of section 203. To the extent possible, 47 USC 203 and consistent with the provisions of paragraph (3)(B)(ii), the Commission shall require that such equitable allocation of revenues be based upon the costs of the record communications service or facility employed as a result of such agreement. (3)(A) The Commission, as soon as practicable Oiut not later than fifteen days) after the date of the enactment of the Record Carrier Competition Act of 1981, shall convene a meeting among all record carriers which the Commission determines would be parties to any agreement required by paragraph (l)(A)(i). Such meeting shall be held for the purpose of negotiating any such agreement. Representatives of the Commission shall attend such meeting for purposes of monitoring and presiding over such negotitions. "(B)(i) In the case of any such required agreement, if— "(I) the record carrier subject to the interconnection requirement; and "(II) a majority of the primary existing international record carriers involved in the meeting convened by the Commission under subparagraph (A); fail to enter into an agreement before the end of the forty-five-day period following the beginning of such meeting, then the Commission Interim or final shall issue an interim or final order which establishes a just, fair, order. reasonable, and nondiscriminatory agreement which is consistent with the purposes of this section. Any such agreement established by the Commission shall be binding upon such parties. "(ii) Such interim or final order shall be issued not later than ninety days after the date on which the Commission convenes the meeting under subparagraph (A). In the case of any such required agreement, if— "(I) the record carrier subject to the interconnection requirement; and "(II) a majority of the primary existing international record carriers involved in the meeting convened by the Commission under subparagraph (A); reach an agreement which complies with the requirements of this section, and such agreement is entered into before the issuance of such order by the Commission under this subparagraph, then such agreement of the parties shall take effect and the Commission shall not be required to issue any such order. "(C) Any record carrier which is not subject to the agreement Notice entered into, or established by the Commission, under this paragraph may elect to be subject to the terms of such agreement upon furnishing written notice to the Commission and to all existing parties to such agreement. After a carrier makes such an election, the terms and arrangements established by the agreement shall apply to such carrier to the extent practicable, as determined by the Commission. "(4) The Commission shall have authority to vacate or modify any Authority to agreement entered into by any record carriers under this section if vacate or modify the Commission determines that (A) such agreement is not consistent agreements. with the purposes of this section; or (B) such agreement unjustly or unreasonably discriminates against any record carrier. "(5) If the Western Union Telegraph Company submits an applica- Application, tion to the Commission for authority to provide international record restrictions. communications service, the Commission shall not have any authori-

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Page:United States Statutes at Large Volume 95.djvu/1716

 95 STAT. 1690

47 USC 214.

PUBLIC LAW 97-130—DEC. 29, 1981

ty to take any final action with respect to such application until the end of the one hundred and twenty-day period following the date a written agreement is entered into between such Company and other record carriers under paragraph (3), or following the effective date of any interim or final order issued by the Commission under paragraph (3)(B) with respect to such carriers. The limitation upon Commission authority established in this paragraph shall expire at the end of the two hundred and ten-day period following the date of the enactment of the Record Carrier Competition Act of 1981. "(d) Subject to the provisions of subsection (c)(5), each record carrier may provide record communications service in the United States domestic market and in the international market. Any record carrier seeking to provide domestic record communications service may provide such service without submitting an application to the Commission under section 214 unless the Commission requires such a submission. The Commission shall act expeditiously upon any application submitted pursuant to section 214. enactment of the Record Carrier Competition Act of 1981, the provisions of subsection (c), other than paragraph (1)(B) of such subsection, shall cease to have any force or effect. "(2) The provisions of paragraph (1) shall not be construed to affect the obligation of any carrier to interconnect with any other carrier pursuant to this Act.". COMMISSION OVERSIGHT OF DISTRIBUTION FORMULAS
 * (e)(l) At the end of the 36-month period following the date of the

47 USC 222 note. 47 USC 609.

Ante, p. 1687.

SEC. 3. (a) Subject to the provisions of subsection (b), the Federal Communications Commission shall exercise its authority under the Communications Act of 1934 to continue its oversight of the establishment of just and reasonable distribution formulas for unrouted outbound telegraph traffic and the allocation of revenues with respect to such traffic, consistent with the purposes of section 222 of the Communications Act of 1934, as amended in section 2. (b) The provisions of subsection (a) shall cease to have any force or effect at the end of the 1-year period beginning on the date of the enactment of this Act. EFFECT OF AMENDMENT UPON CERTAIN CONTRACTS

47 USC 222 note.

SEC. 4. The amendment made in section 2 shall not affect the validity of the terms of any otherwise lawful contract relating to the distribution of outbound international record traffic between any domestic record carrier and any international record carrier if such contract was entered into before June 23, 1981. AMENDMENT TO OTHER LAW

Rock Island g^stat 409 45 USC 1017.

SEC. 5. (a) Section 122(a) of the Rock Island Transition and Employ® Assistance Act is amended by adding at the end thereof the ® following new sentence: "The Commission shall have authority to authorize continued rail service under this section over the lines of the Rock Island Railroad until the disposition of the properties of the estate of the Rock Island Railroad.".

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Page:United States Statutes at Large Volume 95.djvu/1717

 PUBLIC LAW 97-130—DEC. 29, 1981

95 STAT. 1691

(b) The applicability of the amendment made by subsection (a) to Expiration date. Interstate Commerce Commission Service Order 1498 shall expire at ^^.r theendofMayl5, 1982. ''°*Approved December 29, 1981.

LEGISLATIVE HISTORY—S. 271 (H.R. 4927): HOUSE REPORT No. 97-356 accompanying H.R. 4927 (Comm. on Energy and Commerce). SENATE REPORT No. 97-25 (Comm. on Commerce, Science, and Transportation). CONGRESSIONAL RECORD, Vol. 127 (1981): June 2, 22, considered and passed Senate. Dec. 8, H.R. 4927 considered and passed House; proceedings vacated and S. 271, amended, passed in lieu. Dec. 16, Senate concurred in House amendments with an amendment; House concurred in Senate amendment.

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Page:United States Statutes at Large Volume 95.djvu/1718

 95 STAT. 1692

PUBLIC LAW 97-131—DEC. 29, 1981

Public Law 97-131 97th Congress Joint Resolution Dec. 29, 1981 [S.J. Res. 34]

National Patriotism Designation

TQ provide for the designation of the week commencing with the third Monday in February 1982 as "National Patriotism Week".

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled. That the first section of the joint resolution of October 10, 1980, Public Law 96-421,94 Stat. 1798, is amended by striking "1981" and inserting "1982". SEC. 2. The title of such joint resolution is amended to read as follows: "Joint resolution to designate the week commencing with the third Monday in February 1982 as 'National Patriotism Week'.". Approved December 29, 1981.

LEGISLATIVE HISTORY—S.J. Res. 34: CONGRESSIONAL RECORD, Vol. 127 (1981): Nov. 16, considered and passed Senate. Dec. 16, considered and passed House.

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Page:United States Statutes at Large Volume 95.djvu/1719

 PUBLIC LAW 97-132—DEC. 29, 1981

95 STAT. 1693

Public Law 97-132 97th Congress Joint Resolution To authorize the participation of the United States in a multinational force and observers to implement the Treaty of Peace between Egypt and Israel.

Whereas the Treaty of Peace between E^gypt and Israel signed on March 26, 1979, calls for the supervision of security arrangements to be undertaken by United Nations Forces and Observers; and Whereas the United Nations has been unable to assume those responsibilities at this time; and Whereas a Protocol signed on August 3, 1981, by the Government of the Arab Republic of Egypt and the Government of the State of Israel provides for the creation of an alternative Multinational Force and Observers to implement the Treaty of Peace; and Whereas the Government of the Arab Republic of Egypt and the Government of the State of Israel have requested that the United States participate in the Multinational Force and Observers: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, SHORT TITLE

SECTION 1.

This joint resolution may be cited as the "Multinational Force and Observers Participation Resolution".

Dec. 29, 1981 [S.J. Res. 100]

Multinational Force and Observers Participation Resolution. 22 USC 3401 note.

STATEMENT OF POLICY

SEC. 2. The Congress considers the establishment of the Multina- 22 USC 3421. tional Force and Observers to be an essential stage in the development of a comprehensive settlement in the Middle East. The Congress enacts this resolution with the hope and expectation that establishment of the Multinational Force and Observers will assist Egypt and Israel in fulfilling the Camp David accords and bringing about the establishment of a self-governing authority in order to provide full autonomy in the West Bank and Gaza. PARTICIPATION OF UNITED STATES PERSONNEL IN THE MULTINATIONAL FORCE AND OBSERVERS

SEC. 3. (a)(1) Subject to the limitations contained in this resolution, 22 USC 3422. the President is authorized to assign, under such terms and conditions as he may determine, members of the United States Armed Forces to participate in the Multinational Force and Observers. (2) The Congress declares that the participation of the military personnel of other countries in the Multinational Force and Observers is essential to maintain the international character of the peacekeeping function in the Sinai. Accordingly— (A) before the President assigns or details members of the Notification of United States Armed Forces to the Multinational Force and Congress.

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Page:United States Statutes at Large Volume 95.djvu/1720

 95 STAT. 1694

Functions and responsibilities.

U.S. Armed Forces, strength limitation. U.S. civilian observers.

Status of U.S. personnel. 22 USC 2389.

PUBLIC LAW 97-132—DEC. 29, 1981

Observers, he shall notify the Congress of the names of the other countries that have agreed to provide military personnel for the Multinational Force and Observers, the number of military personnel to be provided by each country, and the functions to be performed by such personnel; and (B) if a country withdraws from the Multinational Force and Observers with the result that the military personnel of less than four foreign countries remain, every possible effort must be made by the United States to find promptly a country to replace that country. (3) Members of the United States Armed Forces, and United States civilian personnel, who are assigned, detailed, or otherwise provided to the Multinational Force and Observers may perform only those functions or responsibilities which are specified for United Nations Forces and Observers in the Treaty of Peace and in accordance with the Protocol. (4) The number of members of the United States Armed Forces who are assigned or detailed by the United States Government to the Multinational Force and Observers may not exceed one thousand two hundred at any one time. (b) Subject to the limitations contained in this resolution, the President is authorized to provide, under such terms and conditions as he may determine. United States civilian personnel to participate as observers in the Multinational Force and Observers. (c) The status of United States Government personnel assigned to the Multinational Force and Observers under subsection (a)(l) or (b) of this section shall be as provided in section 629 of the Foreign Assistance Act of 1961. UNITED STATES CONTRIBUTIONS TO COSTS

22 USC 3423.

Appropriation authorization. 22 USC 2348.

Ante, p. 967.

U.S. observers, reimbursements.

SEC. 4. (a) In accordance with the agreement set forth in the exchanges of letters between the United States and Egypt and between the United States and Israel which were signed on August 3, 1981, the United States shcre of the costs of the Multinational Force and Observers— (1) shall not exceed 60 per centum of the budget for the expenses connected with the establishment and initial operation of the Multinational Force and Observers during the period ending September 30, 1982; and (2) shall not exceed 33 Vs per centum of the budget for the annual operating expenses of the Multinational Force and Observers for each financial year beginning after that date. (b)(1) There are authorized to be appropriated to the President to carry out chapter 6 of part II of the Foreign Assistance Act of 1961, in addition to amounts otherwise available to carry out that chapter, $125,000,000 for the fiscal year 1982 for use in paying the United States contribution to the budget of the Multinational Force and Observers. Amounts appropriated under this subsection are authorized to remain available until expended. (2) Expenditures made pursuant to section 138 of the joint resolution entitled "Joint resolution making continuing appropriations for the fiscal year 1982, and for other purposes", approved October 1, 1981 (Public Law 97-51), or pursuant to any subsequent corresponding provision applicable to the fiscal year 1982, shall be charged to the appropriation authorized by this subsection. (c) Unless required by law, reimbursements to the United States by the Multinational Force and Observers shall be on the basis of

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Page:United States Statutes at Large Volume 95.djvu/1721

 PUBLIC LAW 97-132—DEC. 29, 1981

95 STAT. 1695

identifiable costs actually incurred as a result of requirements imposed by the Multinational Force and Observers, and shall not include administrative surcharges. NONREIMBUBSED COSTS

SEC. 5. (a) Any agency of the United States Government is authorized to provide administrative and technical support and services to the Multinational Force and Observers, without reimbursement and upon such terms and conditions as the President may direct, when the provision of such support or services would not result in significant incremental costs to the United States. (b) The provision by the United States to the Multinational Force and Observers under the authority of this resolution or any other law of any property, support, or services, including the provision of military and civilian personnel under section 3 of this resolution, on other than a reimbursable basis shall be kept to a minimum. (c) The President may provide military training to members of the armed forces of other countries participating in the Multinational Force and Observers.

Administrative and technical support. 22 USC 3424.

Military training for participating countries.

REPORTS TO THE CONGRESS

SEC. 6. (a) Not later than April 30, 1982, the President shall 22 USC 3425. transmit to the Speaker of the House of Representatives, and to the chairman of the Committee on Foreign Relations of the Senate, a detailed written report with respect to the period ending two weeks prior to that date which contains the information specified in subsection (b). (b) Not later than January 15 of each year (beginning in 1983), the President shall transmit to the Speaker of the House of Representatives, and to the chairman of the Committee on Foreign Relations of the Senate, a written report which describes— (1) the activities performed by the Multinational Force and Observers during the preceding year; (2) the composition of the Multinational Force and Observers, including a description of the responsibilities and deployment of the military personnel of each participating country; (3) All costs incurred by the United States Government (including both normal and incremental costs), set forth by category, wMch are associated with the United States relationship with the Multinational Force and Observers and which were incurred during the preceding fiscal year (whether or not the United States was reimbursed for those costs), specifically including but not limited to— (A) the costs associated with the United States imits and personnel participating in the Multinational Force and Observers (including salaries, allowances, retirement and other benefits, transportation, housing, and operating and maintenance costs), and (B) the identifiable costs relating to property, support, and services provided by the United States to the Multinational Force and Observers; (4) the costs which the United States Government would have incurred in maintaining in the United States those United States units and personnel participating in the Multination£LL Force and Observers;

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Page:United States Statutes at Large Volume 95.djvu/1722

 95 STAT. 1696

PUBLIC LAW 97-132—DEC. 29, 1981

(5) amounts received by the United States Government from the Multinational Force and Observers as reimbursement; (6) the types of property, support, or services provided to the Multinational Force and Observers by the United States Government, including identification of the types of property, support, or services provided on a nonreimbursable basis; and (7) the results of any discussions with Egypt and Israel regarding the future of the Multinational Force and Observers and its possible reduction or elimination. (c)(1) The reports required by this section shall be as detailed as possible. (2) The information pursuant to subsection (b)(3) shall, in the case of costs which are not identifiable, be set forth with reasonable accuracy. (3) The information with respect to any administrative and technical support and services provided on a nonreimbursed basis under section 5(a) of this resolution shall include a description of the types of support and services which have been provided and an estimate of both the total costs of such support and services and the incremental costs incurred by the United States with respect to such support and services. STATEMENTS OF CONGRESSIONAL INTENT 22 USC 3426.

Limitations.

War powers. 50 USC 1541 note.

SEC. 7. (a) Nothing in this resolution is intended to signify approval by the Congress of any agreement, understanding, or commitment made by the executive branch other than the agreement to participate in the Multinational Force and Observers as set forth in the exchanges of letters between the United States and Egypt and between the United States and Israel which were signed on August 3, 1981. (b) The limitations contained in this resolution with respect to United States participation in the Multinational Force and Observers apply to the exercise of the authorities provided by this resolution or provided by any other provision of law. No funds appropriated by the Congress may be obligated or expended for any activity which is contrary to the limitations contained in this resolution. (c) Nothing in this resolution shall afTect the responsibilities of the President or the Congress under the War Powers Resolution (Public Law 93-148).

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Page:United States Statutes at Large Volume 95.djvu/1723

 PUBLIC LAW 97-132—DEC. 29, 1981

95 STAT. 1697

DEFINITIONS

SEC. 8. As used in this resolution— (1) the term "Multinational Force and Observers" means the Multinational Force and Observers established in accordance with the Protocol between Egypt and Israel signed on August 3, 1981, relating to the implementation of the security arrangements of the Treaty of Peace; and (2) the term "TVeaty of Peace" means the Treaty of Peace between the Arab Republic of Egypt and the State of Israel signed on March 26, 1979, including the Annexes thereto. Approved December 29, 1981.

LEGISLATIVE HISTORY—S.J. Res. 100 (H.J. Res. 349): HOUSE REPORT No. 97-310 accompanying H.J. Res. 349 (Comm. on Foreign Affairs). SENATE REPORT No. 97-197 (Comm. on Foreign Relations). CONGRESSIONAL RECORD, Vol. 127 (1981): Oct. 7, considered and passed Senate. Nov. 19, H.J. Res. 349 considered and passed House; proceedings vacated and S.J. Res. 100, amended, passed in lieu. Dec. 16, Senate concurred in House amendments with an amendment; House concurred in Senate amendment. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 17, No. 53 (1981): Dec. 29, Presidential statement.

22 USC 3427.

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text:
Page:United States Statutes at Large Volume 95.djvu/1724

 95 STAT. 1698

PUBLIC LAW 97-133—DEC. 29, 1981

Public Law 97-133 97th Congress Joint Resolution Uec. ^a, ia»l [H.J. Res. 377]

97th Congress. Second session,

Providing for the convening of the second session of the Ninety-seventh Congress.

Resolved by the Senate and House of Representatives of the United States of America in Congress Assembled, That the second regular session of the Ninety-seventh Congress shall begin at 12 o'clock meridian on Monday, January 25, 1982. Approved December 29, 1981.

LEGISLATIVE HISTORY—H.J. Res. 377: CONGRESSIONAL RECORD, Vol. 127 (1981): Dec. 15, considered and passed House. Dec. 16, considered and passed Senate.

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Page:United States Statutes at Large Volume 95.djvu/1725

 PUBLIC LAW 97-134—DEC. 29, 1981

95 STAT. 1699

Public Law 97-134 97th Congress An Act To amend the Surface Transportation Assistance Act of 1978, to establish obligation limitations for fiscal year 1982, and for related purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That the first sentence of section 105 of the Surface Transportation Assistance Act of 1978 is amended by striking out "per fiscal year for each of the fiscal years ending September 30, 1982 and September 30, 1983." and inserting in lieu thereof "for the fiscal year ending September 30, 1982, not to exceed $800,000,000 for the fiscal year ending September 30, 1983, and not to exceed $800,000,000 for the fiscal year ending September 30, 1984.". SEC. 2. The Secretary of Transportation shall apportion for the fiscal year ending September 30, 1983, the sums authorized to be apportioned for such year by section 108(b) of the Federal-Aid Highway Act of 1956, as amended, for expenditures on the National System of Interstate and Defense Highways, using the apportionment factors contained in revised table 5 of the committee print numbered 97-28 of the Committee on Public Works and Transportation of the House of Representatives. SEC. 3. (a) Notwithstanding any other provision of law, the total of all obligations for Federal-aid highways and highway safety construction programs for fiscal year 1982 shall not exceed $8,000,000,000. This limitation shall not apply to obligations for emergency relief under section 125 of title 23, United States Code, or projects covered under section 320 of title 23, United States Code, section 147 of the Surface Transportation Assistance Act of 1978, or section 9 of the Federal-Aid Highway Act of 1981. No obligation constraints shall be placed upon any ongoing emergency project carried out under section 125 of title 23, United States Code, or section 147 of the Surface Transportation Assistance Act of 1978. (b) For the fiscal year 1982, the Secretary shall distribute the limitation imposed by subsection (a) by allocation in the ratio which sums authorized to be appropriated for Federal-aid highways and highway safety construction which are apportioned to each State for such fiscal year bears to the total of the sums authorized to be appropriated for Federal-aid highways and highway safety construction which are apportioned to all the States for such fiscal year. (c) During the period October 1 through December 31, 1981, no State shall obligate more than 35 per centum of the amount distributed to such State under subsection 0)), and the total of all State obligations during such period shall not exceed 25 per centum of the total amount distributed to all States under such subsection. (d) Notwithstanding subsections (b) and (c), the Secretary shall— (1) provide all States with authority sufficient to prevent lapses of sums authorized to be appropriated for Federal-aid highways and highway safety construction which have been apportioned to a State, except in those instances in which a State indicates its

Dec. 29, 1981 [H.R. 3210] Federal-Aid Highway Act of 1981. 92 Stat. 2692.

23 USC 104 note.

23 USC 101 note.

Limitation. 23 USC 104 note.

23 USC 144 note.

Distribution of limitation.

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Page:United States Statutes at Large Volume 95.djvu/1726

 95 STAT. 1700

23 USC 101 note.

Interstate system, construction.

C!o8t estimate, transmittal to Congress.

23 USC 101 note.

PUBLIC LAW 97-134—DEC. 29, 1981

intention to lapse sums apportioned under section 104(b)(5)(A) of title 23, United States Code; (2) after August 1, 1982, revise a distribution of the funds made available under subsection (b) if a State will not obligate the amount distributed during that fiscal year and redistribute sufficient amounts to those States able to obligate amounts in addition to those previously distributed during that fiscal year; and (3) not distribute amounts authorized for administrative expenses and forest highways. SEC. 4. (a) Subsection (b) of section 108 of the Federal-Aid Highway Act of 1956, as amended, is amended by striking out "the additional sum of $3,200,000,000 for the fiscal year ending September 30, 1983," and inserting in lieu thereof the following: "the additional sum of $3,100,000,000 for the fiscal year ending September 30, 1983,". (b) Subsection (b) of section 108 of the Federal-Aid Highway Act of 1956, as amended, is further amended by adding at the end thereof the following: "Effective on and after the date of enactment of this sentence, the obligation of funds authorized by this subsection, except for advance construction interstate projects approved before the date of enactment of this sentence, shall be limited to the construction necessary to provide a minimum level of acceptable service on the Interstate System which shall consist of (1) full access control; (2) a pavement design to accommodate the types and volumes of traffic anticipated for the twenty-year period fh>m date of authorization of the initial basic construction contract; (3) essential environmental requirements; (4) a design of not more than six lanes (exclusive of high occupancy vehicle lanes) in rural areas and all urbanized areas under four hundred thousand population, and up to eight lanes (exclusive of high occupancy vehicle lanes) in urbanized areas of four hundred thousand population or more as shown in the 1980 Federal census; and (5) those high occupancy vehicle lanes (including approaches and all directly related facihties) included in the interstate cost estimate for fiscal year 1981. The obligation of funds authorized by this subsection shall be further limited to the actual costs of only those design concepts, locations, geometries, and other construction features included in the 1981 interstate cost estimate, except in any case where the Secretary of Transportation determines that a provision of Federcd law requires a different demgn, location, geometric, or other construction feature of a type authorized by this subsection. For purposes of this subsection, construction necessary to provide a minimum level of acceptable service on the Interstate System shall include, but not be limited to, any construction on the Interstate Svstem which is required under a court order issued before the date of enactment of this sentence.". (c) Section 104(b)(5)(A) of title 28, United States Code, is amended by adding at the end thereof the following new sentence: "Notwithstanding any other provisions of this subparagraph, the Secretary in making the revised estimate of the cost of completing the then designated Interstate System for the purpose of transmitting it to the Senate and House of Representatives within ten days subsequent to January 2, 1983, or thereafter, shall include only those costs eligible for fUnds authorized by subsection (b) of section 108 of the FederalAid Highway Act of 1956, as amended, including the amendments made by section 4 of the Federal-Aid Highway Act of 1981.". SEC. 5. Section 104(b)(5)(B) of title 23, United States Code, is amended to read as follows:

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Page:United States Statutes at Large Volume 95.djvu/1727

 PUBLIC LAW 97-134—DEC. 29, 1981

95 STAT. 1701

"(B) For resurfacing, restoring, rehabilitating, and reconstructing the Interstate System: "55 per centum in the ratio that lane miles on the Interstate routes designated under sections 103 and 139(c) of this title (other than those on toll roads not subject to a Secretarial agreement provided for in section 105 of the Federal-Aid Highway Act of 1978) in each State bears to the total of all such lane miles in all States; and 45 per centum in the ratio that vehicle miles traveled on lanes on the Interstate routes designated under sections 103 and 139(c) of this title (other than those on toll roads not subject to a Secretarial agreement provided for in section 105 of the Federal-Aid Highway Act of 1978) in each State bears to the total of all such vehicle miles in all States. Notwithstanding the preceding sentence, no State excluding any State that has no interstate lane miles shall receive less than one-half of 1 per centum of the total apportionment made by this subparagraph for any fiscal year.". SEC. 6. (a) Section 119(a) of title 23, United States Code, is amended by striking out the words "and rehabilitating" and by inserting in lieu thereof the words "rehabilitating, and reconstructing" and by striking out the words "those lanes in use for more than five years on the Interstate System" and inserting in lieu thereof the words "routes of the Interstate System designated under sections 103 and 139(c) of this title.". (b) Section 119 of title 23, United States Code, is further amended by adding the following new subsection: "(b) Reconstructing as authorized in subsection (a) of this section may include, but is not limited to, the addition of travel lanes and the construction and reconstruction of interchanges and overcrossings along existing completed interstate routes, including the acquisition of right-of-way where necessary.". SEC. 7. Subsection (a) of section 119 of title 23, United States Code, is amended by adding at the end thereof the following: "Effective on and after the date of enactment of this sentence, the Federal share for projects financed by funds apportioned under section 104(b)(5)(B) of title 23, United States Code, for resurfacing, restoring, rehabilitating, and reconstructing routes of the Interstate System designated under sections 103 and 139(c) of this title shall be that set forth in section 120(c) of this title.". SEC. 8. In any case in which the city of Santa Rosa, California, has incurred costs on behalf of the State of California for the acquisition, between the date of enactment of Public Law 94-154 and the date of enactment of the Federal-Aid Highway Act of 1976 (Public Law 94-280), of land which was utilized in a Federal-aid urban system project at an intersection with a segment of the Federal-aid primary system, the Secretary of Transportation is authorized, notwithstanding any other provision of law, to reimburse the State of California from funds apportioned to the State of California under section 104(b)(6) of title 23, United States Code, 75 per centum of such costs. SEC. 9. (a) The Secretary of Transportation may approve any project for the reconstruction, resurfacing, restoration, or rehabilitation of any bridge on the Interstate System which is both owned by the United States Government and located in two States and the District of Columbia, whenever both such States and the District shall submit to the Secretary for approval appropriate plans, specifications, and estimates for any such project.

23 USC 103. Post, p. 1702. 92 Stat. 2692.

23 USC 120. Reimbursement to California. 89 Stat. 823. 23 USC 101 note.

Project plans, approval.

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Page:United States Statutes at Large Volume 95.djvu/1728

 95 STAT. 1702

Appropriation authorization.

23 USC 101 et seq. Cost estimates, transmittal to Congress.

Federal-aid system.

23 USC 103.

23 USC 104.

Maine Turnpike. Repayment. 92 Stat. 2713.

PUBLIC LAW 97-134—DEC. 29, 1981

(b) The Secretary of Transportation shall prior to approval of such project enter into an agreement with such States and the District for future maintenance and rehabilitation of the bridge. (c) There is hereby authorized to be appropriated $60,000,000, out of the Highway Trust Fund, to be available until expended, to carry out the provisions of this section. Such sums shall be available for obligation in the same manner and to the same extent as if such funds were apportioned for the Interstate System under chapter 1 of title 23, United States Code. The Federal share of the project cost shall be 100 per centum. (d) In making any revised estimate of the cost completing the Interstate System, which estimate is required by section 104(b)(5)(A) of title 23, United States Code, to be transmitted to the Congress after the date of enactment of this Act, the Secretary of Transportation shall not include any costs for any bridge eligible for approval under subsection (a). The Secretary shall reduce apportionments made under section 104(b)(5) of title 23, United States Code, to such States or District by an amount, if any, equal to amounts apportioned under such section to any such State or District with respect to any such bridge for any fiscal year ending before October 1, 1982. The reduction, if any, made by the preceding sentence for each State or the District shall be made out of app|Ortionments under such section to such State or the District, beginning with the apportionment for the fiscal year ending September 30, 1983, and shall be made, in equal shares, over the number of fiscal years in which apportionments described in the preceding sentence were made. SEC. 10. Section 139 of title 23, United States Code, is amended by adding a new subsection (c) as follows: "(c) The Secretary shall designate those portions of highway segments on the Federal-aid primary system in States which have no Interstate System that are logical components to a system serving the State's principal cities, national defense needs and military installations, and traffic generated by rail, water, and air transportation modes. The designated segments shall have been constructed to the geometric and construction standards adequate for current and probable future traffic demands and the needs of the locality of the segment. The milesige of any highway designated as part of the Interstate System under this subsection shall not be charged against the limitation established by the first sentence of section 103(e)(1) of this title. The designation of a highway under this subsection shall create no Federal financial responsibility with respect to such highway, except that the State involved may use Federal-aid highway funds available to it under sections 104(b)(l) and 104(b)(5)(B) of this title, for the resurfacing, rehabilitation, restoration, and reconstruction of a highway designated as a route on the Interstate System under this subsection.". SEC. 11. Section 145 of the Federal-Aid Highway Act of 1978 is amended to read as follows: "SEC. 145. (a) Upon satisfaction by the State of Maine or the Maine Turnpike Authority of the following conditions, the State of Maine and the Maine Turnpike Authority shall be free of all restrictions with respect to the imposition and collection of tolls or other charges on the Maine Turnpike or for the use thereof contained in title 23, United States Code, or in any regulation or agreement thereunder: repayment by the State of Maine or the Maine Turnpike Authority to the Treasurer of the United States of the sum of $8,577,900 which is the amount of Federal-aid highway funds received for construction of interchanges or connections with the Maine Turnpike at West

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Page:United States Statutes at Large Volume 95.djvu/1729

 PUBLIC LAW 97-134—DEC. 29, 1981

95 STAT. 1703

Gardiner, Kennebec County, Maine, at York, York County, Maine, and at Scarborough-South Portland, Cumberland County, Maine. The amount to be repaid shall be deposited to the credit of the appropriation for 'Federal-Aid Highway (Trust Fund)'. Such repayment shall be credited to the unprogramed balance of the Federal-aid highway funds of the classes determined by the Secretary to and in cooperation with the State of Maine. The amount so credited shall be in addition to all other funds then apportioned to such State and shall be available for expenditure in accordance with the provisions of title 23, United States Code. "(b) The State of Maine and the Maine Turnpike Authority are deemed to be in compliance with section 129(c) of title 23, United States Code: Provided, That the conditions of subsection (a) are satisfied.". SEC. 12. (a) Section 152 of the Federal-Aid Highway Act of 1978 is 92 Stat. 2716. amended by adding after "fiscal year 1981" the following "and $55,000,000 for fiscal year 1983". (b) Such section 152 is further amended by adding at the end thereof the following new sentence: "Sums authorized to be appropriated under this section shall not be subject to any State or local law relating to apportionment of funds available for the construction or improvement of highways.". SEC. 13. This Act may be cited as the "Federal-Aid Highway Act of Short title. 19gl'\

o

^

Approved December 29, 1981.

LEGISLATIVE HISTORY—H.R. 3210 (S. 1024) (S. 1208): HOUSE REPORT No. 97-92 (Comm. on Public Works and Transportation). SENATE REPORTS: Nos. 97-202 accompanying S.;1024 and 97-114 accompanying S. 1208 (both from Comm. on Environment and Public Worla). CONGRESSIONAL RECORD, Vol. 127 (1981): Sept. 24, considered and passed House. Nov. 16, considered and passed Senate, amended, in lieu of S. 1024. Dec. 15, House concurred in Senate amendment with an amendment. Dec. 16, Senate concurred in House amendment.

89-194 O—82

1H:QL3

23 USC 101 note.

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Page:United States Statutes at Large Volume 95.djvu/1730

 95 STAT. 1704

PUBLIC LAW 97-135—DEC. 29, 1981

Public Law 97-135 97th Congress Joint Resolution Dec. 29, 1981 [S.J. Res. 57]

National Scleroderma ^ee], De^slgnation.

.pj, provide for the designation of Febniary 7 through 13, 1982, as "National Scleroderma Week".

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled That the President shall issue a proclamation dmgaating February 7 through 13, 1982, as "National Scleroderma Week"7and calling upon the people of the United States to observe such week with appropriate ceremonies and activities. Approved December 29, 1981.

LEGISLATIVE HISTORY—S.J. Res. 57: CONGRESSIONAL RECORD, Vol. 127 (1981): Nov. 18, considered and passed Senate. Dec. 16, considered and passed House.

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Page:United States Statutes at Large Volume 95.djvu/1731

 PUBLIC LAW 97-136—DEC. 29, 1981

95 STAT. 1705

Public Law 97-136 97th Congress An Act To authorize appropriations for the Coast Guard for fiscal year 1982, and for other purposes.

Dec. 29, 1981 [S. 831]

Be it enacted by the Senate and House of Representative of the United States of America in Congress assembled. That funds are Coast Guard, appropriation authorized to be appropriated for necessary expenses of the Coast authorization. Guard for fiscal year 1982 as follows: (1) For the operation and maintenance of the Coast Guard, including expenses related to the Capehart housing debt reduction, $1,404,800,000. (2) For the acquisition, construction, rebuilding, and improvement of aids to navigation, shore facilities, vessels, and aircraft, including equipment related thereto, $537,200,000. (3) For the alteration or removal of bridges over navigable waters of the United States, constituting obstructions to navigation, $17,500,000. (4) For research, development, test, and evaluation, $29,730,000 of which sufficient funds shall be made available to continue in operation a Coast Guard research and development center through the end of the 1982 fiscal year: Provided, That the Coast Guard submits its research, development, test, and evaluation program plan, including the continuation or operation of a research and development center, for fiscal year 1982 to the Committee on Merchant Marine and Fisheries of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate for approval before implementation. SEC. 2. For fiscal year 1982, the Coast Guard is authorized an end-of- Active duty year strength for active duty personnel of 42,224. This end-of-year personnel. strength shall not include members of the Ready Reserve called to active duty under the authority of section 712 of title 14, United States Code. Military SEC. 3. For fiscal year 1982, the Coast Guard is authorized average training military training student loads as follows: students loads. (1) For recruit and special training, 3,660 student-years. (2) For flight training, 118 student-years. (3) For professional training in military and civilian institutions, 655 student-years. (4) For officer acquisition, 1,038 student-years. SEC. 4. Notwithstanding any other provision of law, the fiscal 1982 Civilian end-of-year civilian personnel strength of the Coast Guard shall be at personnel. least 5 484 SEC. 5. The Act of October 3, 1980 (Public Law 96-376; 94 Stat. 1509), is amended— (1) in paragraph (1) of the first section, by striking out "$1,248,367,000" and substituting "$1,337,207,000"; and (2) in section 2, by striking out "39,600" and substituting "39,819".

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Page:United States Statutes at Large Volume 95.djvu/1732

 95 STAT. 1706

Active duty promotion list.

14 USC 290.

PUBLIC LAW 97-136—DEC. 29, 1981

SEC. 6. (a)(1) Subsection (a) of section 41a of title 14, United States Code, is amended to read as follows: "(a) The Secretary shall maintain a single active duty promotion list of officers of the Coast Guard on active duty in the grades of ensign and above. Reserve officers on active duty, other than pursuant to an active duty agreement executed under section 679 of title 10, retired officers, and officers of the permanent commissioned teaching staff of the Coast Guard Academy shall not be included on the active duty promotion list.". (2) Subsection (b) of such section is amended by striking out the period at the end of the second sentence and substituting ", except that the rear admiral serving as Chief of Staff shall be the senior rear admiral for all purposes other than pay.". (3) Subsection (d) of such section is amended by striking out "extended". (b) Section 290(a) of such title is amended by inserting "or in the position of Chief of Staff" in the second sentence after "vice admiral". (c)(1) Section 711 of such title is amended by striking out the first sentence. (2) The heading of such section is amended to read as follows: (3) The item relating to section 711 in the analysis of chapter 21 is amended to read as follows: "711. Exclusiveness of service.".
 * §711. Exclusiveness of service*'.

(d) Section 93(p) of such title is amended by inserting "including telephones in residences leased or owned by the Government of the United States when appropriate to assure efficient response to extraordinary operational contingencies of a limited duration," after "of such lines and cables,". Housing leases. SEC. 7. Section 475(a) of title 14, United States Code, is amended by inserting after the first sentence thereof the following new sentences: "The Secretary is also authorized to lease housing facilities for assignment as public quarters, without rental charge, to military personnel who are on sea duty or duty at remote offshore Coast Guard stetions and who do not have dependents. Such authority shall be effective in any fiscal year onlv to such extent or in such amounts as are provided in appropriation Acts." Temporary SEC. 8. (a) The third sentence of section 707(a) of title 14, United Reserve States Code, is amended to read as follows: "For benefit computetion, members, regardless of pay or pay stetus, the member is considered to have had benefit computation. monthly pay of the monthly equivalent of the minimum rate of basic 5 USC 5332 note. pay in effect for grade GS-9 of the General Schedule on the date the injury is incurred.". Effective date. (b) The amendment made by subsection (a) shall apply only with 14 USC 707 note. respect to paymente for benefite under section 707(a) of title 14, United States Code, for months beginning on or after the date of the enactment of this Act. SEC. 9. The Act of July 5, 1884 (46 U.S.C. 2 et seq.), is amended by adding at the end thereof the following new section: Vessel "SEC. 8. (a) The original and periodic inspections or examinations of inspection, examination or a vessel documented or to be documented as a vessel of the United documentation. States, both in the United States and in foreign countries, may be delegated to the maximum extent practicable by the Secretary of the 46 USC 9. department in which the Coast Guard is operating to the American Bureau of Shipping, or similar American classification society, or agent thereof, who may issue certificates of inspection, attesting to

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Page:United States Statutes at Large Volume 95.djvu/1733

 PUBLIC LAW 97-136—DEC. 29, 1981

95 STAT. 1707

compliance with existing Coast Guard regulations, and such other certificates as are essential to documentation. "(b) The Secretary of the department in which the Coast Guard is operating may also contract or enter into agreements with or utilize the American Bureau of Shipping, or similar American classification society for the review and approval of vessel hull, machinery, piping, and electrical plans. "(c) The Secretary of the department in which the Coast Guard is operating shall report to the Congress on the implementation of subsections (a) and (b) within 6 months of the date of the enactment of this section, and annually thereafter for 3 years. Such report shall include the views of the affected industry on the implementation of those subsections.". SEC. 10. Paragraphs (1) and (2) of section 104 of the Vessel Documentation Act (Public Law 96-694; 94 Stat. 3453) are amended to read as follows: "(1) an individual who is a citizen of the United States, or an association, trust, joint venture, or other entity capable of holding title to a vessel, under the law of the United States, of any State, territory, or possession of the United States, of the District of Columbia, or of the Commonwealth of Puerto Rico, all of the members of which are citizens of the United States; "(2) a partnership whose general partners are citizens of the United States, and the controlling interest in the partnership is owned by citizens of the United States;". SEC. 11. Section 7 of the Act of May 21, 1920 (31 U.S.C. 686), is amended by inserting "Coast Guard," in the first proviso of subsection (a) after "Federal Aviation Agency,". SEC. 12. Nothing in this Act shall be construed to authorize or provide funds for removing facilities of Coast Guard Group Port Angeles from Ediz Hook. SEC. 13. (a) The Congress, in recognition of the heroic efforts that resulted in the saving, under extremely adverse conditions, of the lives of all 510 passengers aboard the motor vessel Prinsendam which caught fire off the coast of Alaska on October 4, 1980, hereby honors and expresses its thanks to the members of the Coast Guard, the individuals of the United States and Canadian Air Forces, and the crew of the tanker Williamsburg and all others who participated directly in this valiant underta^ng, as well as the crew of the Prinsendam. 0^) The Commandant of the Coast Guard shall determine the names and addresses of those individuals honored under subsection (a), and provide the names and addresses to the Clerk of the House of Representatives who shall convey in appropriate language the appreciation of Congress to each such individual for his or her actions in connection with the Prinsendam rescue. SEC. 14. The Coast Guard shall deploy at least one helicopter for search and rescue, as well as other missions of the (]!oast Guard, at each of the following sites: Newport, Oregon; Cordova, Alaska; and Charleston, South Carolina.

Contracts and agreements.

Report to Congress.

46 USC 65b.

Prinsendam, congressional recognition of rescue efforts.

Helicopter deployment.

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Page:United States Statutes at Large Volume 95.djvu/1734

 95 STAT. 1708

PUBLIC LAW 97-136—DEC. 29, 1981

SEC 15. The Rogue River station in Oregon operated by the Ck>a8t Guaid shall remain in operation until at least October 31 of each year. Approved December 29, 1981.

LEGISLATIVE HISTORY—S. 831 (H.R. 2559): HOUSE REPORT No. 97-62 accompanying H.R. 2559 (Comm. on Merchant Marine and Fisheries). SENATE REPORT No. 97-45 (Comm. on Commerce, Science, and Transportation). CONGRESSIONAL RECORD, Vol. 127 (1981): May 4, considered and passed Senate. Dec. 8, 14, H.R. 2559 considered and passed House; passage vacated and S. 831, amended, passed in lieu. Dec. 16, Senate concurred in House amendment with an amendment; House concurred in Senate amendment.

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Page:United States Statutes at Large Volume 95.djvu/1735

 PUBLIC LAW 97-137—DEC. 29, 1981

95 STAT. 1709

Public Law 97-137 97th Congress An Act To provide for the establishment of the Bandon Marsh National Wildlife Refuge, Coos County, State of Oregon, and for other purposes.

Dec. 29, 1981 [H.R. 2241]

Be it enacted by the Senate and House of Representatives of the Bandon Marsh United States of America in Congress assembled, TITLE I—BANDON MARSH NATIONAL WILDLIFE REFUGE

National Wildlife Refuge. Establishment.

PURPOSES OF REFUGE

SEC. 101. For the preservation and enhancement of the highly 16 USC 668dd significant wildlife h£dpitat of the area known as Bandon Marsh, in note. the estuary of the CSoquille River in the State of Oregon, for the protection of migratory waterfowl, numerous species of shorebirds and fish, including Chinook and silver salmon, and to provide opportunity for wildlife-oriented recreation and nature study on the marsh, the Secretary of the Interior (hereinafter iti this title referred to as the "Secretary") shall establish as part of the national wildlife refuge system a national wildlife refuge to be known as the Bandon Marsh National Wildlife Refuge Oiiereinafter in this title referred to as the "refuge"). BOUNDARIES OF THE REFUGE

SEC. 102. There shall be included within the boundaries of the refuge those lands and waters generally depicted on the map entitled ''Bandon Marsh National WUdlife Reluge", dated September 1980, comprising approximately three hundred acres. The map shall be on file and available for public infection in the office of the United States Fish and Wildlife Service, Department of the Interior. ACQUisrnoN SBO. 103. The Secretary may acquire lands or waters, or interests therein, within the boundaries of the refuge by donation, purchase with donated or appropriated funds, or exchange. Any lands, waters, or interests therein owned by the State of Oregon or by any political subdivision thereof may be acquired only with the consent of the owner thereof. BSTABUSHMENT

SBC. 104. The Secretary shall establish the refiige by publication of Publication in a notice to that effect in the Federal Register at such time as he Federal Register. determines that lands, waters, and interests therein sufficient to constitute an efficiently administrable refuge have been acquired.

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Page:United States Statutes at Large Volume 95.djvu/1736

 95 STAT. 1710

PUBLIC LAW 97-137—DEC. 29, 1981 ADMINISTRATION

SEC. 105. The Secretary shall administer the lands, waters, and interests therein acquired for the refuge in accordance with the National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd and 668ee). The Secretary may utilize, to the extent he deems appropriate to cany out the purposes of this title, such additional statutory authority as may be available to him for (1) the development of outdoor recreation opportunities compatible with the wildlife resources of the refuge, and (2) interpretive education. AUTHORIZATION OP APPROPRIATIONS

SEC. 106. Beginning October 1, 1982, there are authorized to be appropriated $270,000 for the acquisition of lands, waters, or interests therein, for the refuge. TITLE II-FALLS OF THE OHIO NATIONAL WILDLIFE CONSERVATION AREA CONGRESSIONAL FINDINGS

16 USC 668dd "°*®-

SEC. 201. The Congress finds that— (1) the area along the Ohio River near the city of Louisville, Kentucky, contains highly significant and varied wildlife and supports important aquatic nurseries; (2) the area includes a unique and world-renowned threehundred-million-year-old fossilized coral reef which is the only place where the Ohio Riverflowsover bedrock; (3) the wetlands of this area represent one of the most valuable and unique wildlife habitat tvpes in the United States and have extremely high value for fisnermen, birdwatchers, nature photographers, paleontologists, and others; and (4) this area should be preserved to ensure the well-being of these species, to provide wildlife-oriented recreation for the public and encourage the study of fossils. DEFINrnONS

SEC. 202. For purposes of this title: (1) The term "Secretary" means the Secretary of the Interior. (2) The term "selection area" means those lands and waters near the McAlpine Dam in the Ohio River located in Jefferson County, Kentucky, and Clark and Floyd Counties, Indiana, depicted on the map entitled "Falls of the Ohio National Wildlife Conservation Selection Area", dated December, 1981, and on file at the United States Fish and Wildlife Service. (3) The term "wildlife conservation area" means the Fedls of the Ohio National Wildlife Conservation Area. PURPOSES OF WILDLIFE CONSERVATION AREA

SEC. 203. The purposes for which the Falls of the Ohio National Wildlife Conservation Area is established are— (1) to protect wildlife populations and habitats in their natural diversity including, but not limited to, bald eagle, peregrine falcon, Canada geese, mallard, gadwall, blue-winged teal, black duck, American widgeon, and wood duck;

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Page:United States Statutes at Large Volume 95.djvu/1737

 PUBLIC LAW 97-137—DEC. 29, 1981

95 STAT. 1711

(2) to conserve fish populations in their natural diversity including, but not limited to, shad, shiner, crappie, largemouth bass, striped bass, and channel catfish; (3) to ensure, to the maximum extent practicable and in a manner consistent with paragraphs (1) and (2) and compatible with navigation on the Ohio River and operation of the McAlpine locks and dam, the necessary water quantity within the wildlife conservation area; (4) to protect the fossilized coral reef as a unique paleontological feature; and (5) to provide opportunities for scientific research and interpretive and environmental uses and fish and wildlife oriented recreational uses. SELECTION AND ESTABLISHMENT OF WILDLIFE CONSERVATION AREA

SEC. 204. (a) SELECTION.—(1) Within one year after the date of the enactment of this title the Secretary shall, in consultation with the Secretary of the Army acting through the Chief of Engineers— (A) designate approximately one thousand acres of land and water within the selection area as land which the Secretary considers appropriate for the wildlife conservation area; and (B) publish in the Federal Roister a detailed map depicting the boundaries of the land designated under subparagraph (A), which map shall be on file and available for public inspection at offices of the United. Statas Fish and Wildlife Service and the Corps of Engineers. (2) The Secretary may make such minor revisions in the boundaries designated under paragraph KB) as may be appropriate to cau-ry out the purposes of, or to facilitate the acquisition of property (and interests therein) within, the wildlife conservation area. (b) ESTABLISHMENT.—The Secretary shall, in consultation with the Secretary of the Army acting through the Chief of Engineers, establish the Falls of the Ohio National Wildlife Conservation Area, by publication of a noticetothat effect in the Federal Register, within one year after the date of the enactment of this title. ADMINISTRATION

SEC. 205. The Secretary of the Army, acting through the Chief of Engineers, shall administer all lands, waters, and interests therein wiuiin the wildlife conservation area to assure that the wildlife conservation area is managed to cany out the purposes for which it was established, and to that end shall consult with, and utilize the services of, the Secretary. In order to effectively manage the wildlife conservation area, the Secretary of the Armv shall acquire by donation, purchase with donated or appropriated funds, or exchange lands, waters or interests therein within the boundaries of such area. The Secretary of the Army and the Secretary may utilize such additional statutory authority as may be available to them to carry out this title. REGULATIONS

SEC. 206. The Secretary of the Army shall promulgate regulations, within oneyear after date of the enactment of this title, to carry out this title. Such regulations shall include, but not be limited to, a

Publication in Federal Register.

Publication in Federal Register.

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Page:United States Statutes at Large Volume 95.djvu/1738

 95 STAT. 1712

PUBLIC LAW 97-137—DEC. 29, 1981

rohibition on all huntuM^, as well as prohibitions on vandalism ncludinff the removal of fossils) and the dumping of refuse, within the boundaries of the wildlife conservation area.

S

AUTHORIZATION OF APPROPRIATIONS

SEC. 207. Beginning October 1, 1982, there are authorized to be appropriated to the Secretary of the Army not to exceed $300,000 to carry out this title; and such sums shall remain available until expended. Approved December 29, 1981.

LEGISLATIVE HISTORY—H.R. 2241: HOUSE REPORT: No. 97-376 (Comm. on Merchant Marine and Fisheries). CONGRESSIONAL RECORD, Vol. 127 (1981): Dec. 15, considered and passed House. Dec. 16, considered and passed Senate.

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Page:United States Statutes at Large Volume 95.djvu/1739

 PUBLIC LAW 97-138—DEC. 29, 1981

95 STAT. 1713

Public Law 97-138 97th Congress Joint Resolution To proclaim March 19, 1982, "National Energy Education Day".

Dec. 29, 1981 [S.J. Res. 84]

Whereas inexpensive and abundant energy permitted our great Nation to rise to a position of preeminence in the world community of nations; and Whereas events of recent years have shown that our growing dependence on foreign energy supplies present a serious threat to the national security of the United States and to the health, safety, and welfare of its citizens; and Whereas the development of new technologies to increase supplies and efficient use of traditional domestic and renewable energy resources promise to reduce our dependence on insecure and financially draining foreign energy supplies; and Whereas theseftrndfiimentalchanges require the update of our educational system at all grade levels to prepare our youth to meet the new demands which are being created; and Whereas the celebration of National Energy Education Day (NEED) will bring together students, teachers, school officials, and community members, to focus attention, during the past year, on the growth of an energy educated public, both yoimg and old; and Whereas NEED must also prompt additional efforts for the upcoming year which will demonstrate that to ignore the plight of an energy shortfall and to fail to seek sound remedies would be an error: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That March 19, 1982, is National Energy Education Day. proclaimed "National Energy Education Day" to expedite and Designation. enhance energy education programs in schools, both public and private, at all grade levels, and the President is authorized and requested to (a) issue a proclamation calling upon the general public

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Page:United States Statutes at Large Volume 95.djvu/1740

 95 STAT. 1714

PUBLIC LAW 97-138—DEC. 29, 1981

and educational institutions of the United States to observe this day with appropriate activities and ceremonies, and (b) to send suitable engrossed copies to all of the Nation's Governors and Members of Congress, and (c) to direct all appropriate Federal agencies to cooperate with and participate in the celebration of "National Energy Education Day". Approved December 29, 1981.

LEGISLATIVE HISTORY—S.J. Res. 84: CONGRESSIONAL RECORD, Vol. 127 (1981): July 24, considered and passed Senate. Dec. 16, considered and passed House.

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Page:United States Statutes at Large Volume 95.djvu/1741

 PUBLIC LAW 97-139—DEC. 29, 1981

95 STAT. 1715

Public Law 97-139 97th Congress Joint Resolution To provide for the designation of the year 1982 as the "Bicentennial Year of the American Bald Eagle" and the designation of June 20, 1982, as "National Bald Eagle Day".

Whereas on June 20, 1782, the Congress adopted the American bald eagle as the symbol of our Nation; Whereas the American bald eagle was so adopted because of its legendary strength and its single-minded commitment to the protection of its young and the defense of its home; Whereas the American public has adopted the American bald eagle as a symbol of strength, courage, determination, and beauty; Whereas the seals of twelve States and the District of Columbia bear the image of the American bald eagle; Whereas human encroachment on the American bald eagle's natural habitat has resulted in the designation of the American bald eagle as an endangered species throughout most of the United States; Whereas Federal, State, and local governments and private wildlife conservation groups have adopted programs in recent years to increase the number and dispersal of nesting pairs in the United States; Whereas the celebration of the Bicentennial Year of the American Bald Eagle and National Bald Eagle Day will serve to make people aware of the current plight of our country's living symbol; Whereas such celebration will draw attention to the spirit the American bald eagle represents and the pride that it signifies; Whereas such celebration should be conducted in a manner that encourages additional efforts to keep the American bald eagle a flying symbol of freedom: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled. That the year 1982 is designated as the "Bicentennial Year of the American Bald Eagle" and June 20, 1982, is designated as "National Bald Eagle Day'. In order to promote and enhance efforts to inform the American people of the plight of our national bird, the American bald eagle, and to encourage additional efforts to protect and increase the population of this symbol of our Nation, the President of the United States is authorized and requested—

Dec. 29, 1981 [S.J. Res. 121]

Bicentennial Year of the American Bald Eagle and National Bald Eagle Day. Designation.

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Page:United States Statutes at Large Volume 95.djvu/1742

 95 STAT. 1716

PUBLIC LAW 97-139—DEC. 29, 1981 (1) to issue a proclamation calling upon the people of the United States* including wildlife conservation organizations and educational institutions, to observe such year and day with appropriate ceremonies and activities; (2) to send a suitable copy of such proclamation to the Governor of each State and to each Member of Congress; and (3) to direct all Federal agencies and departments which have activities which affect the bald eagle to cooperate with and participate in the celebration of such year and day. Approved December 29, 1981.

LEGISLATIVE HISTORY—S.J. Res. 121: CONGRESSIONAL RECORD, Vol. 127 (1981): Dec. 15, considered and passed Senate. Dec. 16, considered and passed House.

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Page:United States Statutes at Large Volume 95.djvu/1743

 PUBLIC LAW 97-140—DEC. 29, 1981

95 STAT. 1717

Public Law 97-140 97th Congress An Act To authorize the Secretary of the Army to contract with the Tarrant County Water Control and Improvement District Numbered 1 and the city of Weatherford, Texas, for the use of water supply storage in Benbrook Lake, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That the Act entitled "An Act to provide for municipal use of storeige water in Benbrook Dam, Texas" approved July 24, 1956 (70 Stat. 632) (as amended by section 6 of Public Law 91-282 (84 Stat. 312) and section 9 of Public Law 92-222 (85 Stat. 799)), is amended— (1) in the first sentence, by inserting "and with the Tarrant County Water Control and Improvement District Numbered 1, the city of Grandbury, and with the city of Weatherford," after "Benbrook Water and Sewer Authority,; (2) in the second sentence, by inserting "or the Tarrant County Water (Control and Improvement District Numbered 1, the city of Grandbury, or the city of Weatherford" after "Benbrook Water and Sewer Authority"; and (3) by adding at the end thereof the following new sentence: "To the extent consistent with the authorized purposes of the project, the Secretary of the Army is authorized to contract with the Tarrant County Water Control and Improvement District Numbered 1 to provide for the use by such district of terminal storage in the Benbrook Reservoir for water of such district delivered into the Benbrook Reservoir from other sources.". SEC. 2. (a) The third sentence of section 205 of the Flood Control Act of 1948 (33 U.S.C. 701s) is amended to read as follows: "Not more than $4,000,000 shall be allotted under this section for a project at any single locality.". (b) The amendment made by this section shall not apply to any project under contract for construction on the date of enactment of this Act. SEC. 3. Section 164 of the Water Resources Development Act of 1976 (Public Law 94-587) is amended by deleting the figure "$21,000,000" and inserting in lieu thereof "$23,200,000". SEC. 4. The Secretary shall relocate the water supply intake facility on the Missouri River at Springfield, South Dakota, which facility is subject to severe sedimentation, at an estimated cost of $2,190,000. SEC. 5. (a) The proviso of sfection 2 of Public Law 84-485 shall not be construed to prohibit the storage of San Juan-Chama project water acquired by contract with the Secretary of the Interior pursuant to Public Law 87-483 in any reservoir, including the storage of water for recreation and other beneficial purposes by any party contracting with the Secretary for project water. (b) The Secretary of the Army, acting through the Chief of Engineers, is authorized to enter into agreements with entities which have contracted with the Secretary of the Interior for water from the San Juan-Chama project pursuant to Public Law 87-483 for storage of

Dec. 29, 1981 [H.R. 779]

Benbrook Lake, Tex. Water supply storage.

33 USC 701s note.

San JuanChama water storage project. 43 USC 620a note. Abiquiu Reservoir.

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Page:United States Statutes at Large Volume 95.djvu/1744

 95 STAT. 1718

PUBLIC LAW 97-140—DEC. 29, 1981

a total of two hundred thousand acre-feet of such water in Abiquiu Reservoir. The Secretary of the Interior is hereby authorized to release San Juan-Chama project water to contracting entities for such storage. The agreements to thus store San Juan-Chama project water shall not interfere with the authorized purposes of the Abiquiu Dam and Reservoir project and shall include a requirement that each user of storeige space shall pay any increase in operation and maintenance costs attributable to the storage of that user's water. Elephant Butte (c) The Secretary of the Interior is authorized to enter into Reservoir. agreements with entities which have contracted with the Secretary of the Interior for water from the San Juan-Chama project pursuant to Public Law 87-483 for storage of such water in Elephant Butte Reservoir. The Secretary of the Interior is hereby authorized to release San Juan-Chama project water to contracting entities for such storage. Any increase in operation and maintenance costs resulting from such storage not offset by increased power revenues resulting from that storage shall be paid proportionately by the entities for which the San Juan-Chama project water is stored, (d) The amount of evaporation loss and spill chargeable to San Juan-Chama project water stored pursuant to subsections (b) and (c) of this section shall be accounted as required by the Rio Grande compact and the procedures established by the Rio Grande Compact Commission. 16 USC 460d SEC. 6. Notwithstanding any other provision of law, no houseboat, "°*^® floating cabin, marina (including any with sleeping facilities), or lawfully installed dock or cabin and appurtenant structures shall be required to be removed before December 31, 1989, from any Federal water resources reservoir or lake project administered by the Secretary of the Army, acting through the Chief of Engineers, on which it was located on the date of enactment of this Act, if such property is maintained in usable condition, and, in the judgment of the Chief of Engineers, does not occasion a threat to life or property. Approved December 29, 1981.

LEGISLATIVE HISTORY—H.R. 779: HOUSE REPORT No. 97-95 (Comm. on Public Works and Transportation). CONGRESSIONAL RECORD, Vol. 127 (1981): June 1, considered and passed House. Dec. 16, considered and passed Senate, amended; House concurred in Senate amendment. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 17, No. 53 (1981): Dec. 29, Presidential statement.

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Page:United States Statutes at Large Volume 95.djvu/1745

 PUBLIC LAW 97-141—DEC. 29, 1981

95 STAT. 1719

Public Law 97- 141 97th Congress An Act To amend title 5, United States Code, to extend the Federal Physicians Comparability Allowance Act of 1978, and for other purposes.

Dec. 29, 1981 [S. 1551]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That this Act may be Federal cited as the "Federal Physicians Comparability Allowance Amend- Physicians Comparability ments ofl981". Allowance SEC. 2. Section 5948 of title 5, United States Code, is amended— Amendments of 1981. (1) in subsection (d)— (A) by striking out "September 30, 1981" and inserting in 5 USC 5948 note. lieu thereof "September 30, 1983"; and (B) by striking out "September 30, 1983" and inserting in lieu thereof "September 30, 1985"; (2) in subsection (g), by amending so much of paragraph (1) as "Government physician." precedes subparagraph (A) to read as follows: "(1) 'Government physician' means any individual employed as a physician or dentist who is paid under—"; and (3) in subsection (g)(l)(F), by striking out "title 4 of the Foreign Service Act of 1946 (22 U.S.C. 861-890)" and inserting in lieu thereof "chapter 4 of title I of the Foreign Service Act of 1980 (22 U.S.C. 3961 and following)". SEC. 3. Section 3 of the Federal Physicians Comparability Allowance Act of 1978 (Public Law 95-603; 92 Stat. 3018) is amended by 5 USC 5948 note. striking out "September 30, 1983" and inserting in lieu thereof "September 30, 1985". SEC. 4. (a) Any service agreement entered into on or after the date 5 USC 5948 note. of the enactment of this Act pursuant to section 5948 of title 5, United States Code, as amended by section 2 of this Act, shall be effective only to such extent or in such amounts as are provided in advance in appropriation Acts. (b) The amendments made by this Act shall not be construed to authorize additional or supplemental appropriations for the fiscal year ending September 30, 1982, SEC. 5. (a) Section 8344(c) of title 5, United States Code, relating to termination of civil service annuities on reemployment, is amended by adding at the end thereof the following: "Upon separation from such position, an individual whose annuity is so terminated is entitled to have his rights redetermined under this subchapter, except that the amount of the annuity resulting from such redetermination shall be at least equal to the amount of the terminated annuity plus any increases under section 8340 of this title occurring after the termination and before the commencement of the redetermined annuity.", (b)(1) Subject to paragraph (2), the amendment made by subsection Effective date. (a) shall apply to individuals whose annuities terminate under section 5 USC 8344 note. 8344(c) of title 5, United States Code, on or after October 1, 1976, (2) In the case of an individual whose reemployment ended before the date of the enactment of this Act, the amendment shall apply only upon application by the individual to the Office of Personnel

9-194 O—82—

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Page:United States Statutes at Large Volume 95.djvu/1746

 95 STAT. 1720

PUBLIC LAW 97-141—DEC. 29, 1981

Management within one year after the date of enactment. Upon receipt of such application, the Office shall recompute the annuity, effective as of the day following the day reemployment ended. Approved December 29, 1981.

LEGISLATIVE HISTORY—S. 1551 (H.R. 4793): HOUSE REPORT No. 97-317 accompanying H.R. 4793 (Comm. on Post Office and Civil Service). SENATE REPORT No. 97-257 (Comm. on Governmental Affairs). CONGRESSIONAL RECORD, Vol. 127 (1981): Nov. 9, considered and passed Senate. Nov. 17, H.R. 4793 considered and passed House; proceedings vacated and S. 1551, amended, passed in lieu. Dec. 15, Senate concurred in House amendments.

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Page:United States Statutes at Large Volume 95.djvu/1747

 PUBLIC LAW 97-142—DEC. 29, 1981

95 STAT. 1721

Public Law 97-142 97th Congress An Act To authorize the Secretary of the Army to acquire, by purchase or condemnation, such interests in oil, gas, coal, and other minerals owned or controlled by the Oss^e Tribe of Indians as are needed for Skiatook Lake, Oklahoma, and for other purposes.

Dec. 29, 1981 [H.R. 4926]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Congress Osage Indians. Acquisition of finds that— mineral (1) Under the Act of June 28, 1906 (34 Stat. 539; Public Law interests for 59-321), the Osage Tribal Council is vested with authority to Skiatook administer the Osage mineral estate and that such authority Lake includes authority to agree upon compensation to be paid the Osage Tribe of Indians for the subordination to be acquired under the terms of this Act. (2) The Osage Tribal Council and the United States Corps of Payment Engineers have agreed that $7,400,000 should be paid to the Osage Tribe of Indians as compensation for the acquisition of the subordination of the oil, gas, coal, and other minerals owned by the Osage Tribe as is necessary for the construction of works relating to the Skiatook Lake and the operation and maintenance of such lake. SEC. 2. (a) Immediately upon the payment of $7,400,000, as provided in subsection (b) of this section, there hereby vests in the United States a subordination of such interests in oil, gas, coal, and other minerals owned by the Osage Tribe of Indians or held in trust by the United States for the benefit of the tribe as are necessary for the construction of works relating to Skiatook Lake and the operation and maintenance of such lake as a part of the project for improvement of the Verdigris River and tributaries, Oklahoma and Kansas, authorized by section 203 of the Flood Control Act of 1962 (76 Stat. 1180; Public Law 87-874). The nature of the subordination and the conditions and restrictions for oil and gas operations within the project area are set forth in the agreement between the Osage Tribe of Indians and the Secretary of the Army as set out in a resolution of the Osage Tribal Council numbered 25-651, dated December 3, 1981, together with appendices "A (Public Use Areas)"; "A (Reservoir Areas)'V'B-1"; and "B-2". (b) The payment of $7,400,000 for such subordination shall be made by the Secretary of the Army to the Secretary of the Interior, on behalf of the Osage Tribe of Indians. (c) The Secretary of the Army is authorized to acquire, by purchase or condemnation, a subordination of any interest in oil, gas, coal, and other minerals leased by, or on behalf of, the Osage Tribe of Indians as are necessary for the Skiatook Lake project referred to in subsection (a) of this section.

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Page:United States Statutes at Large Volume 95.djvu/1748

 95 STAT. 1722

Attorney fees.

PUBLIC LAW 97-142—DEC. 29, 1981

SEC. 3. The Secretary of the Interior, upon payment by the Secretary of the Army of the amount authorized by section 1 of this Act, is authorized to disburse such payment to the Osage Tribe of Indians in accordance with apphcable law. SEC. 4. Funds paid to the Osage Tribe of Indians under the provisions of this Act shall not be subject to the payment of attorney fees. Approved December 29, 1981.

LEGISLATIVE HISTORY—H.R. 4926 (S. 1370): HOUSE REPORT No. 97-382 Pt. 1 (Comm. on Interior and Insular Affairs). SENATE REPORT No. 97-295 accompanying S. 1370 (Comm. on Indian Affairs). CONGRESSIONAL RECORD, Vol. 127 (1981): Dec. 15, considered and passed House and Senate.

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Page:United States Statutes at Large Volume 95.djvu/1749

 PUBLIC LAW 97-143—DEC. 29, 1981 Public Law 97- -143 97th Congress

95 STAT. 1723

An Act

To amend the Act of July 31, 1946, as amended (40 U.S.C. 193a).

Dec. 29, 1981 [S. 1976]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) the Act United States entitled "An Act to define the area of the United States Capitol Capitol Police, authority. Grounds, to regulate the use thereof, and for other purposes", approved July 31, 1946, as amended (40 U.S.C. 193a), is amended by inserting immediately after section 9 thereof the following new section: "SEC. 9A. (a) Subject to the direction of the Capitol Police Board, 40 USC 212a-2. the United States Capitol Police is authorized to protect, in any area of the United States, the person of any Member of Congress, officer of the Congress, as defined in section 431 of the Act of October 26, 1970 (2 U.S.C. 60-l(b)), and any member of the immediate family of any such Member or officer, if the Capitol Police Board determines such protection to be necessary. "(b) In carrying out its authority under this section, the Capitol Regulations. Police Board, or its designee, is authorized, in accordance with regulations issued by the Board pursuant to this section, to detail, on a case-by-case basis, members of the United States Capitol Police to provide such protection as the Board may determine necessary under this section. "(c) In the performance of their protective duties under this section, members of the United States Capitol Police are authorized (1) to make arrests without warrant for any offense against the United States committed in their presence, or for any felony cognizable under the laws of the United States if they have reasonable grounds to believe that the person to be arrested has committed or is committing such felony; and (2) to utilize equipment and property of the Capitol Police. "(d) Whoever knowingly and willfully obstructs, resists, or interferes with a member of the Capitol Police engaged in the performance of the protective functions authorized by this section, shall be fined not more than $300 or imprisoned not more than one year, or both. "(e) Nothing contained in this section shall be construed to imply that the authority, duty, and function conferred on the Capitol Police Board and the United States Capitol Police are in lieu of or intended to supersede any authority, duty, or function imposed on any Federal department, agency, bureau, or other entity, or the Metropolitan Police of the District of Columbia, involving the protection of any such Member, officer, or family member. "(f) As used in this section, the term 'United States' means each of "United States. the several States of the United States, the District of Columbia, and territories and possessions of the United States.".

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Page:United States Statutes at Large Volume 95.djvu/1750

 95 STAT. 1724

PUBLIC LAW 97-143—DEC. 29, 1981

(b) Section 1114 of title 18, United States Code, is amended by inserting immediately after "any officer or employee of the Secret Service or of the Drug Enforcement Administration," the following: "any officer or member of the United States Capitol Police ". Approved December 29, 1981.

LEGISLATIVE HISTORY—S. 1976: CONGRESSIONAL RECORD, Vol. 127 (1981): Dec. 16, considered and passed Senate and House.

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text:
Author:Bruce Fairchild Barton

Works

 * A Personal Letter to the Kaiser (1916)
 * The Man Nobody Knows (1925)
 * Calvin Coolidge, a man with vision--but not a visionary
 * What can a man believe?

title: Author:Bruce Fairchild Barton


text:
Page:United States Statutes at Large Volume 95.djvu/1751

 PUBLIC LAW 97-144—DEC. 29, 1981 *

95 STAT. 1725

Public Law 97-144 97th Congress Joint Resolution To authorize and request the President to designate the week of January 17, 1982, through January 23, 1982, as "National Jaycee Week".

Whereas the Jaycee idea began with a handful of young men in Saint Louis, Mssouri, sixty-two years ago; Whereas the Jaycee idea embraces today approximately three hundred thousand members in seven thousand five hundred American communities that have chapters in the United States Jaycees; Whereas the Jaycee idea enriches the lives of communities around the world through affiliation in Jaycees International; Whereas the Jaycee organization retains a youthful outlook, even in its maturity, and continues to build on the individual member, even with its global scope—first, helping him be the best man he can be, then helping him help his fellow man in need, one to one; Whereas a Jaycee cares about people, and he shows it; Whereas a Jaycee cares about progress, and he does something about it; Whereas a Jaycee lives by the creed that "service to humanity is the best work of life", and throws himself into that work both in his vocation and avocation; Whereas a Jaycee is the kind of young man this country will need in great numbers to help meet the challenges of our times and the coming century; and Whereas it is fitting that we should give special recognition and encouragement to the Jaycee and Ms organization: Now, therefore, be it

Dec. 29, 1981 [S.J. Res. 117]

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Page:United States Statutes at Large Volume 95.djvu/1752

 95 STAT. 1726

PUBLIC LAW 97-144—DEC. 29, 1981

Resolved by the Senate and House of Representatives of the United NationaiJaycee States of America in Congress assembled. That the President is nr«1^«fion authorized and requested to issue a proclamation designating the authStiin. week of January 17, 1982, through January 23, 1982, as "National Jaycee Week", and calling upon all Government agencies and people of the United States to ooierve the week with appropriate programs, ceremonies, and activities. Approved December 29, 1981.

LEGISLATIVE HISTORY—S.J. Res. 117: CONGRESSIONAL RECORD, Vol. 127 (1981): E>ec. 16, considered and passed Senate and House.

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