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 PUBLIC LAW 95-485—OCT. 20, 1978

92 STAT. 1627

ABOLISHMENT OF W O M E N ' S ARMY CORPS

SEC. 820. (a) Section 505 of title 10, United States Code, is amended by striking out subsection (d) and by redesignating subsection (e) as subsection (d). (b) Chapter 307 of such title is amended by striking out section 3071 and by striking out of the table of sections at the beginning of such chapter the item relating to section 3071. (c) Chapter 331 of such title is amended— (1) by striking out "; Women's Army Corps" in the catchline of section 3209; (2) by striking out the subsection designation " (a) " at the beginning of subsection (a) of section 3209 and striking out subsection (b) of such section; (3) by striking out section 3215; (4) by striking out "and the Women's Army Corps" in clause (1) of the third sentence of section 3220; and (5) by striking out in the table of sections at the beginning of such chapter ".; Women's Army Corps" in the item relating to section 3209 and by striking out the item relating to section 3215. (d) Chapter 335 of such title is amended— (1) by striking out ", in the Women's Army Corps," in subsection (a) of section 3283 and by striking out "and the Women's Army Corps" in subsection (b) of such section; (2) by striking out clause (2) of section 3296(b) and redesignating clause (3) as clause (2); (3) by striking out in the third sentence of section 3297(a) "a selection board considering promotion-list officers of the Women's Army Corps under section 3300(a) or (b) of this title may include officers of the Regular Army in that corps whose regular or temporary grades are above major, and"; (4) by striking out section 3311; and (5) by striking out in the table of sections at the beginning of such chapter the item relating to section 3311. (e) Chapter 337 of such title is amended— (1) by striking out "and the Women's Army Corps" and "or corps, as the case may be" in the first sentence of section 3363(g) and by striking out "or the Women's Army Corps" in the second sentence of such section; (2) by striking out "and to the Women's Army Corps" in section 3364(a); (3) by striking out "or the Women's Army Corps" and "or corps" in section 3364(b); (4) by striking out "or the Women's Army Corps" in section 3364(c) each time it appears; and (5) by striking out the second sentence of section 3383(b). (f) Chapter 345 of such title is amended by striking out section 3580 and by striking out in the table of sections at the beginning of such chapter the item relating to section 3580. (g) Section 3818 of suc-h title is amended— (1) by striking out clause (2) of subsection (a) and inserting in lieu thereof the following: "(2) the appointment of a female warrant officer, or the enlistment of a female member, of the Regular Army."; and (2) by striking out "of the Women's Army Corps" in subsection (c). (h) Section 3848(d) of such title is amended by inserting "or"

10 USC 3071.

10 USC 3209.

10 USC 3215. 10 USC 3220.

10 USC 3283. 10 USC 3296. 10 USC 3297.

10 USC 3311.

10 USC 3363.

10 USC 3364.

10 USC 3383. 10 USC 3580. 10 USC 3818.

10 USC 3848.

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Page:Folk-lore - A Quarterly Review. Volume 10, 1899.djvu/107

 Rh retained from classic antiquity. But this very poverty is in itself an advantage. The lore of our folk has behind it no such long ages of civilisation to crush or modify it as has that of Greece or Italy. It is, however, to the two great barbaric stocks, the Celts and the Teutons, that we owe the preservation at least (I will not raise controversy by saying the origin) of the folklore of North-western Europe, and in the light which its study can throw back upon our barbaric forefathers consists much of its interest. We must conceive of Celts and Teutons as originally occupying Central Europe, and radiating thence, the Celts first, in all directions save apparently to the due north, the Teutons secondly, first to the north and then later in all directions. In their southern and south-eastern advance the Celts met with mightier powers, more highly organised civilisations, into which they and their culture melted and were lost. In the north-west alone, in these islands that is, were they able to maintain and develop their institutions, their speech, and their literature, free, or almost free, from the all-dominating influence of Rome.

The very fact that they could advance no further, that before them lay the boundless, trackless sea, that they were compelled to halt, and, as it were, to stereotype their culture, whatever lowering influence it may be held to have had upon the vital energy of the race, had at least this advantage, to preserve for us stages of custom and fancy which otherwise would have passed away. To a far less extent this was also the case with the Teutons who invaded Britain; they did not, as did their Goth and Vandal and Frank cousins, come into contact with Rome herself, Rome weakened, attenuated to a shadow, yet powerful enough to subjugate her overthrowers, to largely impose upon them her own civilisation. Our Low German forefathers were at liberty to develop their own institutions, to exhibit a type of commonwealth more truly German than that of the kinsmen who remained on the Continent to build up half

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 92 STAT. 1628

10 USC 3916. ...

.

PUBLIC LAW 95-485—OCT. 20, 1978 before "the Army Medical Specialist Corps" and by striking out "or the Women's Army Corps,". (i) Section 3916(b) of such title is amended— (1) by inserting "and" at the end of clause (1); (2) by striking out "Women's Army Corps," in clause (2); (3) by striking out the semicolon and the word "and" at the end of clause (2) and inserting in lieu thereof a period; and (4) by striking out clause (3). AUDIT AND REVIEW OF CERTAIN FUNDS

Contractor relief, prohibition.

Annual report to Congress by Comptroller General.

SEC. 821. (a) Any funds authorized by this or any other Act to provide relief to contractors under authority of the first section of the Act entitled "An Act to authorize the making, amendment, and modification of contracts to facilitate the national defense", approved August 28, 1958 (72 Stat. 972; 50 U.S.C. 1431), in connection with contracts numbered N00024^69-C-0283, N00024-70-C-0275, N00024r71-C-0268, and N00024-74-C-0206 for the procurement for the United States of landing helicopter assault vessels (LHA), DD-963 vessels, and SSN 688 nuclear attack submarines, and paid by the United States to such contractors, shall be subject to such audits and reviews by the Comptroller General of the United States as the Comptroller General shall determine necessary to insure that such funds are used only in connection with such contracts and to insure that the prime contractors concerned do not realize any total combined profit on such contracts. (b) No funds described in subsection (a) may be used to provide relief to any contractor described in subsection (a), in connection with contracts described in such subsection, to the extent that the use of such funds would result in any total combined profit on such contracts, as determined by the Comptroller General of the United States. (c) The Comptroller General of the United States shall keep the appropriate committees of the Congress currently informed regarding the expenditure of funds referred to in subsection (a) and shall submit to the Congress annually, until the completion of the contracts referred to in subsection (a), a written report on the status of the contracts referred to in subsection (a), on the expenditure of the funds referred to in such subsection, and on the results of the audits and reviews conducted by the Comptroller General under authority of this section. Approved October 20, 1978.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-1573, accompanying H.R. 14042 (Comm. on Armed Services). SENATE REPORT No. 95-1197 (Comm. on Armed Services). CONGRESSIONAL RECORD, Vol. 124 (1978): Sept. 26, considered and passed Senate. Sept. 29, Oct. 4, H.R. 14042 considered and passed House; passage vacated, and S. 3486, amended, passed in lieu. Oct. 7, Senate concurred in House amendment.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/349

 PUBLIC LAW 95-486—OCT. 20, 1978

92 STAT. 1629

Public Law 95-486 95th Congress An Act To provide for the appointment of additional district and circuit judges, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) the President shall appoint, by and with the advice and consent of the Senate, three additional district judges for the northern district of Alabama, one additional district judge for the middle district of Alabama, three additional district judges for the district of Arizona, two additional district judges for the eastern district of Arkansas, one additional district judge for the northern district of California, three additional district judges for the eastern district of California, one additional district judge for the central district of California, two additional district judges for the southern district of California, two additional district judges for the district of Colorado, one additional district judge for the district of Connecticut, one additional district judge for the northern district of Florida, three additional district judges for the middle district of Florida, five additional district judges for the southern district of Florida, five additional district judges for the northern district of Georgia, one additional district judge for the southern district of Georgia, three additional district judges for the northern district of Illinois, one additional district judge for the central district of Illinois, one additional district judge for the northern district of Indiana, one additional district judge for the southern district of Indiana, one additional district judge for the southern district of Iowa, one additional district judge for the district of Kansas, two additional district judges for the eastern district of Kentucky, four additional district judges for the eastern district of Louisiana, one additional district judge for the middle district of Louisiana, one additional district judge for the western district of Louisiana, one additional district judge for the district of Maine, two additional district judges for the district of Maryland, four additional district judges for the district of Massachusetts, three additional district judges for the eastern district of Michigan, two additional district judges for the western district of Michigan, one additional district judge for the district of Minnesota, one additional district judge for the eastern district of Missouri, two additional district judges for the western district of Missouri, one additional district judge for the district of Nevada, one additional district judge for the district of New Hampshire, two additional district judges for the district of New Jersey, one additional district judge for the district of New Mexico, one additional district judge for the northern district of New York, one additional district judge for the eastern district of New York, one^ additional district judge for the eastern district of North Carolina, one additional district judge for the middle district of North Carolina, one additional district judge for the western district of North Carolina, one additional district judge for the northern district of Ohio, one additiono,! district judge for the southern district of Ohio, one additional district judge for the western district of Oklahoma, one additional district judge for the northern district of Oklahoma, two additional district judges for the district of Oregon, two additional district judges for the middle district of Pennsylvania, four additional

Oct. 20, 1978 [H.R. 7843]

Federal district and circuit judges, additional appointments. District judges. 28 USC 133 note.

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 92 STAT. 1630

PUBLIC LAW 95-486—OCT. 20, 1978

district judges for the district of P u e r to Rico, three additional district judges for the district of South Carolina, one add'tional district judge for the district of South Dakota, one additional district judge for the middle district of Tennessee, three additional district judges for the • northern district of Texas, one additional district judge for the eastern district of Texas, five additional district judges for the southern district of Texas, one additional district judge for the western district of Texas, one additional district judge for the district of U t a h, two additional district judges for the eastern district of Virginia, two additional district judges for the western district of Virginia, one additional district judge for the eastern district of Washington, one additional district judge for the western district of Washington, one additional district judge for the southern district of West Virginia, one additional district judge for the eastern district of Wisconsin, and one additional district judge for the western district of Wisconsin. 28 USC 133 note. (b) The existing district judgeship for the eastern and western districts of Washington, heretofore provided for by section 133 of title 28 of the United States Code, shall hereafter be a district judgeship for the western district of Washington only, and the present incumbent of such judgeship shall henceforth hold his office under section 133, as Infra. amended by t^is Act. 28 USC 133. (c) I n order that the table contained in section 133 of title 28 of the United States Code will, with respect to each district therein, reflect the changes in the number of judgeships made by this section, such table is amended to read as follows: "Districts Judges Alabama: Northern 7 Middle 3 Southern 2 Alaska 2 Arizona 8 Arkansas: Eastern 3 Western 1 Eastern and Western 2 California: Northern 12 Eastern 6 Central 17 Southern 7 Colorado 6 Connecticut 5 Delaware 3 District of Columbia 15 Florida: Northern 3 Middle 9 Southern 12 Georgia: Northern 11 Middle 2 Southern 3 Hawaii 2 Idaho 2 Illinois: Northern 16 Central 3 Southern 2

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Page:United States Statutes at Large Volume 92 Part 2.djvu/351

 PUBLIC LAW 95-486—OCT. 20, 1978 "Districts Indiana: Northern Southern Iowa: Northern Southern Northern and Southern Kansas Kentucky: Eastern Western Eastern and Western Louisiana: Eastern Middle Western Maine Maryland Massachusetts Michigan: Eastern Western Minnesota Mississippi: Northern Southern Missouri: Eastern Western Eastern and Western Montana Nebraska Nevada New Hampshire New Jersey New Mexico New York: Northern Southern Eastern Western North Carolina: Eastern Western Middle North Dakota Ohio: Northern Southern Oklahoma: Northern Eastern Western Northern, Eastern, and Western Oregon Pennsylvania: Eastern Middle Western Puerto Rico Rhode Island South Carolina South Dakota Tennessee: Eastern Middle Western

92 STAT. 1631 Judges 4 5 1 2 1 5 4 3 1 13 2 5 2 9 10 13 4 5 2 3 4 5 2 2 3 3 2 11 4 3 27 10 3 3 3 3 2 9 6 2 1 3 2 5 19 5 10 7 2 8 3 3 3 3

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 92 STAT. 1632

PUBLIC LAW 95-486—OCT. 20, 1978 "Districts Texas: Northern Southern Eastern Western Utah Vermont Virginia: Eastern Western Washington: Eastern Western West Virginia: Northern Southern Northern and Southern Wisconsin: Eastern Western Wyoming

28 USC 133 note.

Vacancies.

Circuit judges. 28 USC 44 note.

28 USC 45 note.

9 13 4 6 3 2 8 4 2 5 1 3 1 4 2 1".

SEC. 2. The President shall appoint, by and with the advice and consent of the Senate, one additional district judge for the eastern district of Kentucky, one additional district judge for the district of Minnesota, one additional district judge for the northern district of Ohio, and one additional district judge for the southern district of West Virginia. The first vacancy in the office of district judge in the judicial districts named in this section occurring five years or more after the effective date of this Act shall not be filled. SEC. 3. (a) The President shall appoint, by and with the advice and consent of the Senate, one additional circuit judgeship for the first circuit, two additional circuit judgeships for the second circuit, one additional circuit judgeship for the third circuit, three additional circuit judgeships for the fourth circuit, eleven additional circuit judgeships for the fifth circuit, two additional circuit judgeships for the sixth circuit, one additional circuit judgeship for the seventh circuit, one additional circuit judgeship for the eighth circuit, ten additional circuit judgeships for the ninth circuit, one additional circuit judgeship for ithe tenth circuit, and two additional circuit judgeships for the District of Columbia. (b) In order that the table contained in section 44(a) of title 28, United States Code, will, with respect to each circuit, reflect the changes in the number of judgeships made by this Act, such table is amended to read as follows: "Circuits District of Columbia First Second Third Fourth Fifth Sixth Seventh Eighth Ninth Tenth

28 USC 45 note.

Judges

Number of judges 11 4 11 10 10 26 11 9 9 28 8".

SEC. 4. Section 3 of the Act entitled "An Act to provide that chief judges of circuit courts and chief judges of district courts having three or more judges shall cease to serve as such upon reaching the age of seventy" (Public Law 85-593, approved August 6, 1958 (72 Stat. 497)) is amended by striking out ", except that the amendment made by

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Page:United States Statutes at Large Volume 92 Part 2.djvu/353

 PUBLIC LAW 95-486—OCT. 20, 1978

92 STAT. 1633

section 136 shall not be effective with respect to any district having two judges in regular active service so long as the district judge holding the position of chief judge of any such district on such date of enactment continues to hold such position". SEC. 5. (a) Section 46(c) of title 28 of the United States Code is amended— (1) in the first sentence, by striking out "division" and inserting "panel" in lieu thereof; and (2) by striking out the third sentence. (b) The heading of section 46 of title 28 of the United States Code is amended by striking out "divisions" and inserting "panels" in lieu thereof. (c) The item relating to section 46 in the table of sections for chapter 3 of title 28 of the United States Code is amended by striking out "divisions" and inserting "panels" in lieu thereof. SEC. 6. Any court of appeals having more than 15 active judges may Appeals court constitute itself into administrative units complete with such facilities units. and staff as may be prescribed by the Administrative Office of the 28 USC 41 note. United States Courts, and may perform its en banc function by such number of members of its en banc courts as may be prescribed by rule of the court of appeals. SEC. 7. (a) The first section and section 2 of this Act shall take effect 28 USC 133 note immediately upon the President's promulgation and publication of standards and guidelines for the selection, on the basis of merit, of nominees for United States district court judgeships authorized by this Act. (b) The President may waive such standards and guidelines with Waiver, respect to any nomination by notifying the Senate of the reasons for notification to Senate. such waiver. (c) Following the promulgation and publication of such standards and guidelines, no nomination or appointment to a United States district court judgeship may be invalidated on the basis of the President's failure to comply with this section or with any standards or guidelines promulgated under this section. (d) This Act, other than the first section and section 2, shall take effect on the date of enactment of this Act. 28 USC 133 note. SEC. 8. The Congress— (1) takes notice of the fact that only 1 percent of Federal judges are women and only 4 percent are blacks; and (2) suggests that the President, in selecting individuals for nomination to the Federal judgeships created by this Act, give due consideration to qualified individuals regardless of race, color, sex, religion, or national origin. SEC. 9. (a) Section 1337 of title 28 of the United States Code is amended to read as follows: "§ 1337. Commerce and antitrust regulations; amount in controversy, costs "(a) The district courts shall have original jurisdiction of any civil action or proceeding arising under any Act of Congress regulating commerce or protecting trade and commerce against restraints ana monopolies: Provided, however, That the district courts shall have original jurisdiction of an action brought under section 20(11) of part I of the Interstate Commerce Act (49 U.S.C. 20(11)) or section 219 of part II of such Act (49 U.S.C. 319), only if the matter in con-

39-194 O—80—pt. 2

23: QL3

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 92 STAT. 1634

PUBLIC LAW 95-486—OCT. 20, 1978 troversy for each receipt or bill of lading exceeds $10,000, exclusive of interest and costs. "(b) Except when express provision therefor is otherwise made in a statute of the United States, where a plaintiff who files the case under section 20(11) of part I of the Interstate Commerce Act (49 U.S.C. 20(11)) or section 219 of part II of such Act (49 U.S.C. 319), originally in the Federal courts is finally adjudged to be entitled to recover less than the sum or value of $10,000, computed without regard to any setoff or counterclaim to which the defendant may be adjudged to be entitled, and exclusive of any interest and costs, the district court may deny costs to the plaintiff and, in addition, may impose costs on the plaintiff.". (b) Subsection (b) of section 1445, of title 28 of the United States Code is amended by striking out "$3,000" and inserting in lieu thereof "$10,000". (c) The item relating to section 1337 in the table of sections for chapter 85 of title 28 of the United States Code is amended to read as follows: "1337. Commerce and antitrust regulations; amount in controversy, costs.".

Position classifications.

5 USC 5332 note. 28 USC 133 note. Appropriation authorization.

SEC. 10. Section 5108(c)(3) of title 5, United States Code, is amended to read as follows: "(3) the Director of the Administrative Office of the United States Courts, subject to the standards and procedures prescribed by this chapter, may place a total of 15 positions in GS-16, IT, and 18;". SEC. 11. Notwithstanding any other provision of this Act, the first section and section 2 shall not take effect before November 1, 1978. SEC. 12. There are authorized to be appropriated such sums as may be necessary to carry out the provisions of this Act. Approved October 20, 1978.

LEGISLATIVE HISTORY: HOUSE REPORTS: No. 95-858 (Comm. on the Judiciary) and No. 95-1643 (Comm. of eonference). SENATE REPORTS: No. 95-117 accompanying S. 11 (Comm. on the Judiciary) and No. 95-1257 (Comm. of eonference). CONGRESSIONAL RECORD: VoL 123 (1977): May 23, 24, S. 11 considered and passed Senate. VoL 124 (1978): Feb. 7, considered and passed House; considered and passed Senate, amended, in lieu of S. 11. Sept. 28, eonference report filed in disagreement in House. Oct. 4, House concurred in Senate amendment with an amendment. Oct. 7, Senate agreed to conference report; concurred in House amendment. WEEKLY eOMPILATION OF PRESIDENTIAL DOeUMENTS: Vol. 14, No. 42 (1978)i: Oct. 20, Presidential statement.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/355

 PUBLIC LAW 95-487—OCT. 20, 1978

92 STAT. 1635

Public Law 95-487 95th Congress An Act To provide means for the acquisition and retention of title to certain lands by the village corporation organized pursuant to the Alaska Native Claims Settlement Act for the Natives of the village of Kake, Alaska, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) notwithstanding any other provisions of law, any Indian tribal or other entity that holds any lands described in section 2 of this Act, or interests therein, in fee simple may freely alienate and convey such lands or interests therein to others and, upon request of any Indian tribal or other entity for whom the United States holds title in trust to any lands described in section 2 of this Act, the Secretary of the Interior shall convey such lands to such entity in fee simple, free of all encumbrances and restrictions whatsoever, and (b) notwithstanding any other provisions of law, the corporation organized for the Natives of the village of Kake, Alaska, pursuant to the Alaska Native Claims Settlement Act, 85 Stat. 688, as amended and supplemented, shall be entitled to retain, and shall not be required to reconvey to any others, title to the surface estate in any lands described in section 2 of this Act that is conveyed to it pursuant to the Settlement Act. SEC. 2. The lands subject to this Act are: (a) That portion of United States Survey 963 in section 35, township 56 south, range 72 east. Copper River Meridian, Alaska, described as follows: Beginning at the southwest corner of United States Survey 963, thence along the south boundary of said survey north 67 degrees 24 minutes 20 seconds east, a distance of 220.53 leet to a point on the boundary of power easement numbered E-2 of the Alaska Department of Highways; thence along the boundary of said easement north 34 degrees west a distance of 36.71 feet to a point which coincides with a corner on the boundary of such easement; thence continuing on the boundary of such easement, north 9 degrees 30 minutes west a distance of 100 feet; thence north 61 degrees 16 minutes 58 seconds west a distance of 149.93 feet; thence south 76 degrees 35 minutes west a distance of 100 feet to a point on the west boundary of United States Survey 963; thence along said boundary south 13 degrees 25 minutes east a distance of 270 feet to the point of beginning, containing 1.09 acres, more or less, together with all improvements thereon and appurtenances thereto; (b) That portion of lot 2 of United States Survey 3852 that lies between the west side of Keku Road as presently alined and Keku Straight, containing less than 1 acre, together with all improvements thereon and appurtenances thereto; and

Oct. 20. 1978 [H.R. 14026]

Indians. Acquisition and retention of certain lands, Kake, Alaska.

43 USC 1601 note.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/356

 92 STAT. 1636

PUBLIC LAW 95-4fi7—OCT. 20, 1978 (c) That portion of Alaska Tideland Survey Numbered 1091 designated as parcel E on the preliminary plat thereof, containing 2.183 acres, more or less, together with all improvements thereon and appurtenances thereto. Approved October 20, 1978.

c

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-1615 (Comm. on Interior and Insular Affairs). CONGRESSIONAL RECORD, Vol. 124 (1978): Oct. 2, considered and passed House. Oct. 4, considered and passed Senate.

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Page:Folk-lore - A Quarterly Review. Volume 10, 1899.djvu/108

 82 German, half Roman States. And, as I have already insisted, what was vital in Teutonic institutions has been preserved for the modern world by England, by the island colony, not by the mainland home of the Germans. In one thing our Saxon ancestors seem at first blush sadly deficient from the folklorist's point of view: the rich store of myth and romance preserved alike by the Continental and the Scandinavian Germans would seem to have dwindled away in their hands, influencing but slightly our later literature or our mass of popular fancy. But we must not forget that the most archaic German hero-legend of any length, Beowulf, was composed in these islands, nor that, if Continental German literature had had its development violently arrested in the eleventh and twelfth centuries, as was the case with our Anglo-Saxon literature, Germany would have had nought to tell us of Siegfried or Dietrich, of the wooing of Brunhild or the vengeance of Kriemhild. If, however, this plea be admitted m striking the balance between the claims of Low and High Germany to the preservation of the racial sagas, it cannot, will it be said, be urged against the far superior claims of Scandinavia. Anglo-Saxondom must yield to Norway and Denmark the honour of preserving the crown of Teutonic myth and romance. Anglo-Saxondom, Yes! but Britain? This query is allowable in view of the large share which has been claimed of late for men of these islands in the elaboration of that great fabric of mythico-heroic saga which we owe to Iceland, Norway, and Denmark. In the North and North-west the Teutons found their limit as had the Celts in the West, but after ages of comparative quiescence they broke forth, hurling themselves upon communities partly subjected to the double influence of Christian and Roman civilisation. In the stress of conflict with the alien ideals they encountered, they expressed and magnified and developed their own; but to do this they had to come in contact with men who still sympathised with the pre-Christian conception of life, and still retained much of the


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 PUBLIC LAW 95-488—OCT. 20, 1978

92 STAT. 1637

Public Law 95-488 95th Congress An Act To amend the Internal Revenue Code of 1954 to insure that the deduction for contributions to a black lung benefit trust be allowed for any such contributions which are made for the purpose of satisfying unfimded future liability, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) subsection (b) of section 192 of the Internal Revenue Code of 1954 (relating to contributions to black lung benefit trusts) is amended to read as follows: " (b) LIMITATION.—The maximum amount of the deduction allowed by subsection (a) for any taxpayer for any taxable year shall not exceed the greater of— "(1) the amount necessary to fund (with level funding) the remaining unfunded liability of the taxpayer for black lung claims filed (or expected to be filed) by (or with respect to) past or present employees of the taxpayer, or ''(2) the aggregate amount necessary to increase each trust described in section 501(c) (21) to the amount required to pay all amounts payable out of such trust for the taxable year." (b) Paragraph (1) of section 192(c) of such Code (relating to special rules) is amended to read as follows:

Oct. 20, 1978 [H.R. 13167]

Taxes. Deductions for contributions to a black lung benefit trust. 26 USC 192.

26 USC 501. 26 USC 192.

"(1) METHOD OF DETERMINING AMOUNTS REFERRED TO IN SUBSECTION (b).—

"(A) IN GENERAL.—The amounts described in subsection (b) shall be determined by using reasonable actuarial methods and assumptions which are not inconsistent with regulations prescribed by the Secretary. " (B) FUNDING PERIOD.—Except as provided in subpara-

graph (C), the funding period for purposes of subsection (b)(1) shall be the greater of— "(i) the average remaining working life of miners who are present employees of the taxpayer, or "(ii) 10 taxable years. For purposes of the preceding sentence, the term 'miner' has "Miner. the same meaning as such term has when used in section 402 (d) of the Black Lung Benefits Act (30 U.S.C. 902(d)). "(C) DIFFERENT FUNDING PERIODS.—To the extent that— "(i) regulations prescribed by the Secretary provide for a different period, or "(ii) the Secretary consents to a different period proposed by the taxpayer, such different period shall be substituted for the funding period provided in subparagraph (B). " (c) Subsection (c) of section 192 of such Code is amended by adding at the end thereof the following new paragraph: "(5) DENIAL OF SECTION 162 DEDUCTION WITH RESPECT TO LIABIL- 26 USC 162.

ITY.—NO deduction shall be allowed under section 162(a) with respect to any liability taken into account in determining the deduction under subsection (a) of this section of the taxpayer (or a predecessor)."

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 92 STAT. 1638

PUBLIC LAW 95-488—OCT. 20, 1978

(d)(1) The first sentence of subparagraph (A) of section 6104(a) 26 USC 6104. (1) of such Code (relating to inspection of applications for tax exemption) is amended by striking out "(other than in paragraph (21) thereof)", (2) Subsection (b) of section 6104 of such Code (relating to inspection of annual information returns) is amended by striking out the last sentence. 26 USC 192 note. (e) The amendments made by this section shall apply to taxable years beginning after December 31, 1977. Nothing in the amendments made by subsection (d) to section 6104 of the Internal Revenue Code of 1964 shall be construed to permit the disclosure under such section 6104 of confidential business information of contributors to any trust 26 USC 501. described in section 501(c) (21) of such Code. Approved October 20, 1978.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-1656 (Comm. on Ways and Means). CONGRESSIONAL RECORD, Vol. 124 (1978): Oct. 3, considered and passed House. Oct. 10, considered and passed Senate.

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 PUBLIC LAW 95-489—OCT. 20, 1978

92 STAT. 1639

Public Law 95-489 95th Congress An Act To terminate the authorization of the navigation project on the Columbia Slough, Oregon.

Uct. 2U, 197o [H.R. 13803]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the navigation project on the Cohimbia Slough, Oregon, authorized by section 101 of the River and Harbor Act of 1950 (64 Stat. 167) is not authorized after the date of enactment of this Act.

Columbia Slough, Oreg., navigation project, Termination.

Approved October 20, 1978.

LEGISLATIVE HISTORY: CONGRESSIONAL RECORD, Vol 124 (1978): Oct. 4, considered and passed House. Oct. 7, considered and passed Senate.

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 92 STAT. 1640

PUBLIC LAW 95-490—OCT. 20, 1978

Public Law 95-490 95th Congress An Act Dct. 20, I97o [S. 1318]

Hawaii. Revenue or proceeds from disposition of certain lands, 72 Stat 850

r£iQ permit tj,e s t a t e of Hawaii to use the proceeds from the sale, lease, or other disposition of certain real property for any public puiT)ose.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, notwithstanding section 4(a) of the Act entitled "An Act to provide for the transfer of title to certain land at Sand Island, Territory of Hawaii, to the Territory of Hawaii, and for other purposes", approved August 25, 1958, the State of Hawaii may use for any public purpose the revenue ®^ proceeds from the sale, lease, or other disposition of the lands held by it under a transfer made by Executive Order Numbered 10833 under such Act on August 25, 1959. Such sale, lease, or other disposition shall comply with the laws of the State of Hawaii relating to public lands. Approved October 20, 1978.

LEGISLATIVE HISTORY: SENATE REPORT No. 95-515 (Coram, on Energy and Natural Resources). CONGRESSIONAL RECORD: VoL 123 (1977): Oct. 28, considered and passed Senate. Vol. 124 (1978): Oct. 10, considered and passed House.

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 PUBLIC LAW 95-491—OCT. 20, 1978

92 STAT. 1641

Public Law 95-491 95th Congress An Act To authorize the permanent establishment of a system of Federal information centers.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That this Act may be cited as the "Federal Information Centers Act". SEC. 2. (a) Title I of the Federal Property and Administrative Services Act of 1949 is amended by adding at the end thereof the following new section: IIFEDERAL INFORMATION

Oct. 20, 1978 [S. 3259]

Federal Information Centers Act. 40 USC 751 note.

CENTERS

"SEC. 112. (a) The Administrator is authorized to establish within Establishment, the General Services Administration a nationwide network of Federal 40 USC 760. information centers for the purpose of providing the public with information about the programs and procedures of the Federal Government and for other appropriate and related purposes. "(b) The Administrator is authorized to prescribe such rules and Rules and regulations as may be necessary to the functioning of the Federal regulations. information centers. "(c) There is hereby authorized to be appropriated $7,000,000 for Appropriation the fiscal year ending September 30, 1980, and such sums as may be authorization. necessary for each succeeding fiscal year for carrying out the purposes of this section.". (b)(1) The table of contents of the Federal Property and Administrative Services Act of 1949 is amended by inserting immediately after the item pertaining to section 109 the following new items: "Sec. 110. Federal telecommunications fund. "Sec. 111. Automatic data processing equipment. "Sec. 112. Federal information centers.".

(2) Title I of the Federal Property and Administrative Services Act is further amended by inserting immediately before section 110 40 USC 757. the following heading: a FEDERAL TELECOMMUNICATION F U N D '

Approved October 20, 1978.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-1530, accompanying H.R. 13688 (Coram, on Governmental Operations). SENATE REPORT No. 95-1129 (Coram, on Governmental Affairs). CONGRESSIONAL RECORD, Vol. 124 (1978): Sept. 12, considered and passed Senate. Sept. 25, H.R. 13688 considered and passed House; passage vacated and S. 13259, amended, passed in lieu. Oct. 5, Senate concurred in House amendments.

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 92 STAT. 1642

PUBLIC LAW 95-492—OCT. 20, 1978

Public Law 95-492 95th Congress An Act Oct. 20. 1978 [S. 3373]

Girl Scouts of America. Transportation services. 10 USC 2545.

To amend title 10, United States Code, to authorize the Secretary of Defense to provide transportation to the Girl Scouts of the United States of America in connection with International World Friendship Events or Troops on Foreign Soil meetings, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That chapter 151 of title 10, United States Code, is amended by adding after section 2544 the following new section: "§ 2545. Transportation services: international Girl Scout events "(a) The Secretary of Defense is authorized, under such regulations as he may prescribe, to provide, without expense to the United States Government, transportation from the United States or military commands overseas, and return, on vessels of the Military Sealift Command or aircraft of the Military Airlift Command for (1) those Girl Scouts and officials certified by the Girl Scouts of the United States of America as representing the Girl Scouts of the United States of America at any International World Friendship Event or Troops on Foreign Soil meeting which is endorsed and approved by the National Board of Directors of the Girl Scouts of the United States of America and is conducted outside of the United States, (2) United States citizen delegates coming from outside of the United States to triennial meetings of the National Council of the Girl Scouts of the United States of America, and (3) the equipment and property of such Girl Scouts and officials, to the extent that such transportation will not interfere with the requirements of military operations. "(b) Before furnishing any transportation under subsection (a), the Secretary of Defense shall take from the Girl Scouts of the United States of America a good and sufficient bond for the reimbursement to the United States by the Girl Scouts of the United States of America, of the actual costs of transportation furnished under subsection (a). " (c) Amounts paid to the United States to reimburse it for the actual costs of transportation furnished under subsection (a) shall be credited to the current applicable appropriations or funds to which such costs were charged and shall be available for the same purposes as such appropriations or funds.". SEC. 2. The table of sections at the beginning of chapter 151 of title 10, United States Code, is amended by adding after the item relating to section 2544 the following new item: "2545. Transportation services: international Girl Scout events.". Approved October 20, 1978.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-1572 (Comm. on Armed Services). SENATE REPORT No. 95-1137 (Comm. on Armed Services). CONGRESSIONAL RECORD, Vol. 124 (1978): Aug. 24, considered and passed Senate. Oct. 10, considered and passed House.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/363

 PUBLIC LAW 95-493—OCT. 20, 1978

92 STAT. 1643

Public Law 95-493 95th Congress An Act To incorporate the United States Capitol Historical Society,

Oct. 20, 1978 [H.R. 11035]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following United States Capitol Historical persons: Honorable Fred Schwengel, Washington, District of Columbia; Society, incorporation. Honorable Marguerite Stitt Church, Evanston, Illinois; 36 USC 1201. Doctor Melvin M. Payne, Washington, District of Columbia; Carl Haverlin, JTorthridge, California; Doctor Walter Rundell, College Park, Maryland; Victor M. Birely, Washington, District of Columbia; Arthur B. Hanson, Esquire, Washington, District of Columbia; Mrs. Adlai Stevenson III, Hanover, Illinois; Mrs. Florian Thayn, Washington, District of Columbia; and their successors are hereby created and declared to be a body corporate of the District of Columbia having the name "United States Capitol Historical Society" (hereinafter the corporation"). The said corporation shall have perpetual existence and the powers, limitations, and restrictions herein contained. COMPLETION

OF ORGANIZATION

SEC. 2. The persons named in the first section of this Act are 36 USC 1202. authorized to complete the organization of the corporation by the selection of officers and employees, the adoption of a constitution and bylaws, not inconsistent with this Act, and the doing of such other acts as may be necessary to carry out the provisions of this Act. OBJECTS AND PURPOSES OP CORPORATION

SEC. 3. The objects and purposes of the corporation shall be— 36 USC 1203. (a) to encourage in the most comprehensive and enlightened manner an understanding by the American people of the founding, growth, and significance of the Capitol of the United States of America as the tangible symbol of their representative form of government; (b) to undertake research into the history of the Congress and the Capitol and to promote the discussion, publication, and dissemination of the results of such studies; (c) to foster and increase an informed patriotism of the land '' • -in the study of this living memorial to the founders of this Nation and the continuing thread of principles as exemplified by their successors; and (d) to mutually cooperate with the standing committees of the Congress, the Library of Congress, the Architect of the Capitol, and relevant departments and agencies of the executive branch of the Federal Government in furthering the objectives of the corporation.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/364

 92 STAT, 1644

PUBLIC LAW 95-493—OCT. 20, 1978 POWERS OF THE CORPORATION

36 USC 1204.

'^ ^''

SEC. 4. The corporation shall have the power— (a) to sue and be sued, complain, and defend in any court of competent jurisdiction; , (b) to adopt, alter, and use a corporate seal; (c) to choose officers, managers, and agents as the business of the corporation may require; '''!} (d) to charge and collect membership dues; '''^"-^ (e) to adopt, amend, apply, and alter a constitution and bylaws not inconsistent with the laws of the United States of America or any State in which the corporation is to operate, for the management of its property and the regulation of its affairs; (f) to contract and be contracted with; (g) to take hold by lease, gift, purchase, grant, devise, bequest, or otherwise any property, real, personal, or mixed, necessary or convenient for attaining the objects of the corporation, subject, however, to applicable provisions of law of any State (1) governing the amount or kind of real and personal property which may be held by, or (2) otherwise limiting or controlling the ownership or real and personal property which may be held by, or (3) otherwise limiting or controlling the ownership of real and personal property by, a corporation operating in such State; (h) to transfer, lease, or convey real or personal property; (i) to borrow money for the purposes of the corporation and issue bonds or other evidences of indebtedness therefor and secure > the same mortgage or pledge subject to applicable Federal or State laws; (j) to conduct campaigns for raising of funds and to accept contributions from individuals, corporations, and other bodies, foundations, and organizations; (k) to print, to create and distribute commemorative medals, edit and publish, make, display, and sell books and magazines, .;. pictures, slides, and cinemas, as may be necessary or desirable for the accomplishment of the purposes of the corporation; (1) to buy, sell, and generally deal in appropriate and related souvenirs, commemorative medals, curios, momentos, and publications; and (m) to do any and all acts necessary and proper to carry out the purposes of the corporation. PRINCIPAL OFFICE; TERRITORIAL SCOPE OF ACTIVITIES; RESIDENT AGENT

36 USC 1205.

SEC. 5. (a) The principal office of the corporation shall be located in Washington, District of Columbia, or in such other place as may later be determined by the board of directors, but the activities of the corporation shall not be confined to that place and may be conducted throughout the various possessions of the United States. (b) The corporation shall have in the District of Columbia at all times a designated agent authorized to accept service of process for the corporation, and notice to or service upon such agent or mailed to the business address of such agent shall be deemed as service or notice upon the corporation.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/365

 PUBLIC LAW 95-493—OCT. 20, 1978

92 STAT. 1645

MEMBERSHIP

SEC. 6. Eligibility for membership in the corporation and the rights 36 USC 1206. and privileges of members shall, except as provided in this Act, be determined as the constitution and bylaws of the corporation may provide. ACTIVE BOARD OF TRUSTEES

SEC. 7. (a) The control and management of the affairs and funds 36 USC 1207. of the corporation shall be vested in its active board of trustees which, exclusive of ex officio and honorary members, shall consist of not more than forty active members and not less than twelve active members, one of whom shall be elected chairman. (b) The term of an active trustee of the board shall be four years in duration and, except by the unanimous vote of the members of the board of trustees present and voting, no active trustee may be reelected as an active trustee until after a lapse of one year from the expiration of his term as active trustee. (c) The board of trustees shall meet not less than once annually in the Capitol of the United States at Washington, District of Colum' ' bia, and at such other times as may be determined by the chairman. No meeting of the board of trustees may be held except pursuant to a time and place stated in the bylaws or upon thirty days written notice in advance of any such meeting. (d) Trustees of the corporation shall be elected by action of the active board of trustees. Trustees may be removed by the vote of twothirds of the other active trustees at any time with or without cause. OFFICERS OF THE CORPORATION

SEC. 8. (a) The officers of the corporation shall be a president, who 36 USC 1208. shall be the chief executive officer, five vice presidents, a treasurer, and a secretary. (b) During their respective terms of office, the officers of the corporation shall be ex officio members of the board with all the rights and privileges of a trustee including the right to vote. Officers may receive compensation or other remuneration for their services as determined by the board of trustees, and they may be reimbursed for their actual expenses. (c) Officers of the corporation shall be elected annually by action ,;;,; of the board of trustees and shall continue in office at the pleasure of the board. (d) The duties of the officers of the corporation shall be such as usually pertain to the offices they hold and also shall include such additional duties as may be delegated by the board of trustees. 4 (e) The board of trustees may employ an executive secretary and such other paid personnel as may be needed to assist the officers and the board and to accomplish the programs and business of the corporation. The board shall fix the compensation and prescribe the duties of the executive secretary and such other paid personnel who shall serve at the pleasure of the board.

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 92 STAT. 1646

PUBLIC LAW 95-493—OCT. 20, 1978 USE OF I N C O M E: L O A N S TO OFFICERS, T R U S T E E S, OR E M P L O Y E E S

36 USC 1209.

SEC. 9. (a) No part of the income or assets of the Corporation shall inure to any of its members, trustees, or officers, as such, or be distributable to any of them during the life of the corporation or upon its dissolution or final liquidation. Nothing in this subsection, however, shall be construed to prevent the payment of reasonable compensation to officers or employees of the corporation or reimbursement for actual expenses in amounts approved by the board of trustees of the corporation. (b) The corporation shall not make loans to its officers, trustees, or employees. Any director who votes for or assents to the making of a loan or advance to an officer, director, or employee of the corporation, and any officer who participates in the making of such loan or an advance shall be jointly and severally liable to the corporation for the amount of such loan or advance until the repayment thereof. LIABILITY FOR ACTS OF OFFICERS AND

36 USC 1210.

AGENTS

S E C 10. The corporation shall be liable for the acts of its officers and agents when acting within the scope of their authority. PROHIBITION AGAINST ISSUANCE OF STOCK OR P A Y M E N T OF DIVIDENDS

36 USC 1211.

S E C 11. The corporation shall have no power to issue any shares of stock or to declare or pay any dividends. BOOKS AND R E C O R D S:

36 USC 1212.

INSPECTION

SEC 12. The corporation shall keep correct and complete books and records of account and shall keep minutes of the proceedings of its members, board of trustees, and committees having any authority under the board of trustees, and it shall also keep at its principal office a record of the names and addresses of its members entitled to vote. All books and records of the corporation may be inspected by any member entitled to vote, or the agent or attorney of such member, for any proper purpose, at any reasonable time. AUDIT OF F I N A N C I A L

TRANSACTIONS

36 USC 1213.

SEC 13. (a) The provisions of sections 2 and 3 of the Act entitled "An Act to provide for audit of accounts of private corporations established under Federal law", approved August 30, 1964 (36 U.S.C. 1102, 1103), shall apply with respect to the corporation. (b) The corporation shall comply with the provisions of Public 40 USC 193m-l. Law 91-510, section 451, October 26, 1970. USE OF ASSETS ON DISSOLUTION

36 USC 1214,

OR

LIQUIDATION

S E C 14, Upon dissolution or final liquidation of the corporation, after discharge or satisfaction of all outstanding obligations and i liabilities, any remaining assets of the corporation shall be distributed in accordance with the determination of the board of trustees of thei corporation and in compliance with the constitution and bylaws of I the corporation and all Federal and State laws applicable thereto.

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 PUBLIC LAW 95-493—OCT. 20, 1978

92 STAT. 1647

EXCLUSIVE RIGHT TO NAME, EMBLEM, SEALS, AND INSIGNIA

SEC. 16. The corporation shall have the sole and exclusive right to 31 USC 1215. the name "United States Capitol Historical Society" and to have and use in carrying out its purpose, distinctive insignia, emblems, seals, descriptive or designating marks, and words or phrases, as may be required in the furtherance of its functions. Nothing in this section shall be construed to interfere or conflict with estaWished or vested rights. ACQUISITION OF ASSETS AND LIABILITIES OF EXISTING CORPORATION

SEC. 16. The corporation may acquire the assets of the United States 31 USC 1216. Capitol Historical Society, a corporation incorporated under the laws of the District of Columbia. The United States Capitol Historical Society shall retain and maintain its existing status as a corporation incorporated under the laws of the District of Columbia or a State. A N N U A L REPORT

SEC. 17. The corporation shall, as soon as practicable after the end Submittal to of each fiscal year, submit a report to each House of the Congress with Congress, respect to the activities of the corporation during the preceding fiscal 31 USC 1217. year. RESERVATION OF RIGHT TO AMEND OR REPEAL ACT

SEC. 18. The right to alter, amend, or repeal this Act is expressly 31 USC 1218. reserved to the Congress. Approved October 20, 1978.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-1638 (Comm. on the Judiciary). CONGRESSIONAL RECORD, Vol. 124 (1978): Oct. 2, considered and passed House. Oct. 5, considered and passed Senate.

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 92 STAT. 1648

PUBLIC LAW 95-494—OCT. 21, 1978

Public Law 95-494 95th Congress An Act Oct. 21. 1978 [H.R. 12264] Blackjack Springs Wilderness Area and Whisker Lake Wilderness Area, Wise. Designation. 16 USC 1132 note.

Map and description, filing with congressional committees.

Administration.

To designate certain lands in the State of Wisconsin as wilderness. Be it enacted by the Senate and House of Representatives of the United /States of America in Congress assembled, That in furtherance of the purposes of the Wilderness Act (78 Stat. 891), the following lands as generally depicted on maps appropriately referenced, dated March 1978, which is on file and available for public inspection in the office of the Chief, Forest Service, Department of Agriculture, are hereby designated as Wilderness and, therefore, as components of the National Wilderness Preservation System— (1) certain lands in the Nicolet National Forest, Wisconsin, which comprise approximately five thousand eight hundred and eight-six acres are generally depicted on a map entitled "Blackjack Springs Wilderness Area—Proposed"; and (2) certain lands in the Nicolet National Forest, Wisconsin, which comprise approximately seven thousand three hundred and fifteen acres and are generally depicted on a map entitled "Whisker Lake Wilderness Area—Proposed". SEC. 2. As soon as practicable after this Act takes effect, the Secretary of Agriculture shall file a map and a legal description of the Blackjack Springs Wilderness and Whisker Lake Wilderness with the Senate Committee on Energy and Natural Resources and the House Committee on Interior and Insular Affairs, and such map and description shall have the same force and effect as if included in this Act: Provided, however, That correction of clerical and typographical errors in such map and description may be made. SEC. 3. The Blackjack Springs Wilderness and Whisker Lake Wilderness shall be administered by the Secretary of Agriculture in accordance with the provisions of the Wilderness Act governing areas designated by that Act as Wilderness areas, except that any reference in such provisions to the effective date of the Wilderness Act shall be deemed to be a reference to the effective date of this Act. Approved October 21, 1978.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-1323 (Coram, on Interior and Insular Affairs). CONGRESSIONAL RECORD, Vol. 124 (1978): Sept. 25, considered and passed House. Oct. 9, considered and passed Senate.

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 PUBLIC LAW 95-495—OCT. 21, 1978

92 STAT. 1649

Public Law 95-495 95th Congress An Act To designate the Boundary Waters Canoe Area Wilderness, to establish the Boundary Waters Canoe Area Mining Protection Area, and for other purposes.

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

1. The Congress finds that it is necessary and desirable to provide for the protection, enhancement, and preservation of the natural values of the lakes, waterways, and associated forested areas known (before the date of enactment of this Act) as the Boundary Waters Canoe Area, and for the orderly management of public use and enjoyment of that area as wilderness, and of certain contiguous lands and waters, while at the same time protecting the special qualities of the area as a natural forest-lakeland wilderness ecosystem of major esthetic, cultural, scientific, recreational and educational value to the Nation. SECTION

Oct. 21, 1978 [H.R. 12250]

Boundary Waters Canoe Area Wilderness, desi|;nation; Boundary Waters Canoe Area Mining Protection Area, establishment.

PURPOSES

SEC. 2, It is the purpose of this Act to provide for such measures respecting the areas designated by this Act as the Boundary Waters Canoe Area Wilderness and Boundary Waters Canoe Area Mining Protection Area as will— (1) provide for the protection and management of the fish and wildlife of the wilderness so as to enhance public enjoyment and appreciation of the unique biotic resources of the region, (2j protect and enhance the natur&l values and environmental quality of the lakes, streams, shorelines and associated forest areas of the wilderness, (3) maintain high water quality in such areas, (4) minimize to the maximum extent possible, the environmental impacts associated with mineral development affecting such areas, (5) prevent further road and commercial development and restore natural conditions to existing temporary roads in the wilderness, and (6) provide for the orderly and equitable transition from motorized recreational uses to nonmotorized recreational uses on those lakes, streams, and portages in the wilderness where such mechanized uses are to be phased out under the provisions of this Act. BOUNDARY WATERS CANOE AREA WILDERNESS DESIGNATION AND MAP

SEC. 3. The areas generally depicted as wilderness on the map entitled 16 USC 1132 "Boundary Waters Canoe Area Wilderness and Boundary Waters note. Canoe Area Mining Protection Area" dated September 1978, comprising approximately one million and seventy-five thousand five hundred acres, are hereby designated as the Boundary Waters Canoe Area Wilderness (hereinafter referred to as the "wilderness"). Such designation shall supersede the designation of the Boundary Waters Canoe

39-194 O—80—pt. 2

24: QL3

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 92 STAT. 1650 16 USC 1132.

Publication in Federal Register.

Filing with congressional committees.

PUBLIC LAW 95-495—OCT. 21, 1978 Area under section 3(a) of the Wilderness Act (78 Stat. 890) and such map shall supersede the map on file pursuant to such section. The map of the wilderness shall be on file and available for public inspection in the offices of the Supervisor of the Superior National Forest and of the Chief, United States Forest Service. The Secretary of Agriculture, hereinafter referred to as "The Secretary," shall, as soon as practicable but in no event later than one year after the date of enactment of this Act, publish a detailed legal description and map showing the boundaries of the wilderness in the Federal Register. Such map and description shall be filed with the Committee on Interior and Insular Affairs of the House of Representatives and the Committee on Energy and Natural Resources of the United States Senate. Such map and description shall have the same force and effect as if included in this Act. Correction of clerical and typographical errors in such legal description and map may be made. ADMINISTRATION

Repeal.

16 USC 1133. Motorboat use.

SEC. 4. (a) The Secretary shall administer the wilderness under the provisions of this Act, the Act of January 3, 1975 (88 Stat. 2096; 16 U.S.C. 1132 note), the Wilderness Act of 1964 (78 Stat. 890,16 U.S.C. 1131-1136), and in accordance with other laws, rules and regulations generally applicable to areas designated as wilderness. (b) Paragraph (5) of section 4(d) of the Wilderness Act of 1964 is hereby repealed and paragraphs (6), (7), and (8) of such section 4(d) are hereby redesignated as paragraphs (5), (6), and (7). (c) Effective on January 1, 1979 the use of motorboats is prohibited within the wilderness designated by this Act, and that portion within the wilderness of all lakes which are partly within the wilderness, except for the following: (1) On the following lakes, motorboats with motors of no greater than twenty-five horsepower shall be permitted: Fall, Lake County; Newton, Lake County; Moose, Lake County; Newfound, Lake County; Sucker, Lake County; Snowbank, Lake County; East Bearskin, Cook County; South Farm, Lake County; Trout, Saint Louis County; Basswood, except that portion generally north of the narrows at the north end of Jackfish Bay and north of a point on the international boundary between Ottawa Island and Washington Island; Saganaga, Cook County, except for that portion west of American Point; Provided: That, on the following lakes, until January 1, 1984, the horsepower limitations described in this paragraph shall not apply to towboats registered with the Secretary: Moose, Lake County: Newfound, Lake County; Sucker, Lake County; Saganaga, Cook County, as limited in this paragraph. (2) On the following lakes and river, motorboats with motors no greater than ten horsepower shall be permitted: Clearwater, Cook County; North Fowl, Cook County; South Fowl, Cook County; Island River east of Lake Isabella, Lake County; Sea Gull, that portion generally east of Threemile Island, Cook County; Alder, Cook County; Canoe, Cook County. (3) On the following lakes, or specified portions of lakes, motorboats with motors of no greater than ten horsepower shall be permitted until the dates specified: Basswood River to and including Crooked Lake, Saint Louis and Lake Counties, until January 1, 1984; Carp Lake, the Knife River, and Knife Lake, Lake County, ', until January 1, 1984; Sea Gull, Cook County, that portion generally west of Threemile Island, until January 1, 1999; Brule,

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 PUBLIC LAW 95-495—OCT. 21, 1978 Cook County, until January 1, 1994, or until the termination of operation of any resort adjacent to Brule Lake in operation as of 1977, whichever occurs first. (4) On the following lakes, or specified portions of lakes, motorboats with motors of no greater than twenty-five horsepower shall be permitted until January 1, 1984: Birch, Lake County; Basswood, Lake County, that portion generally north of the narrows at the north end of Jackfish Bay and north of a point on the international boundary between Ottawa Island and Washington Island. (d) The detailed legal description and map to be published pursuant to section 3 of this Act shall contain a description of the various areas where the motorized uses permitted by this section are located. No provision of this section shall be construed to limit mechanical portages or the horsepower of motors used on motorboats in the following areas within the wilderness: Little Vermilion Lake, Saint Louis County; Loon River, Saint Louis County; Loon Lake, Saint Louis County; that portion of the Lac La Croix, Saint Louis County, south of Snow Bay and east of Wilkins Bay. (e) For the purposes of this Act, a snowmobile is defined as any motorized vehicle which is designed to operate on snow or ice. The use of snowmobiles in the wilderness designated by this Act is not permitted except that the Secretary may permit snowmobiles, not exceeding forty inches in width, on (1) the overland portages from Crane Lake to Little Vermilion Lake in Canada, and from Sea Gull River along the eastern portion of Saganaga Lake to Canada, and (2) on the following routes until January 1, 1984: Vermilion Lake portage to and including Trout Lake; Moose Lake to and including Saganaga Lake via Ensign, Vera and Knife Lakes, East Bearskin Lake to and including Pine Lake via Alder Lake and Canoe Lake. In addition to the routes listed above, the Secretary may issue special use permits for the grooming by snowmobiles of specified crosscountry ski trails for day use near existing resorts. (f) The Secretary is directed to develop and implement, as soon as practical, entry point quotas for use of motorboats within the wilderness portions of the lakes listed in subsection c, the quota levels to be based on such criteria as the size and configuration of each lake, and the amount of use on that lake: Provided, That the quota established for any one year shall not exceed the average actual annual motorboat use of the calendar years 1976, 1977, and 1978 for each lake, and shall take into account the fluctuation in use during different times of the year: Provided further, That on each lake homeowners and their guests and resort owners and their guests on that particular lake shall have access to that particular lake and their entry shall not be counted in determining such use. (g) Nothing in this Act shall be deemed to require the termination of the existing operation of motor vehicles to assist in the transport of boats across the portages from Sucker Lake to Basswood Lake, from Fall Lake to Basswood Lake, and from Lake Vermilion to Trout Lake, during the period ending January 1, 1984. Following said date, unless the Secretary determines that there is no feasible nonmotorized means of transporting boats across the portages to reach the lakes previously served by the portages listed above, he shall terminate all such motorized use of each portage listed above.

92 STAT. 1651

Exemptions.

Snowmobile use.

Trail grooming, special permits. Motorboat use, entry point quotas.

Boat portages, motorized assistance.

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 92 STAT. 1652 Motorized craft, authorizations. Additional standards and criteria.

PUBLIC LAW 95-495—OCT. 21, 1978 (h) The motorized uses authorized by this section shall be conj&ned to those types of snowmobiles, motorboats and vehicles which have been in regular use in the Boundary Waters Canoe Area prior to the date of enactment of this Act. The Secretary may set forth additional standards and criteria to further define the type of motorized craft which may be permitted. (i) Except for motorboats, snowmobiles, and mechanized portaging, as authorized and defined herein, no other motorized use of the wilderness shall be permitted. Nothing in this Act shall prohibit the use of aircraft, motorboats, snowmobiles, or other mechanized uses in emergencies, or for the administration of the wilderness area by Federal, State, and local governmental officials or their deputies, only where the Secretary finds that such use is essential. RESORTS

Purchase, notice from owner.

Fair market value.

Residence retention.

Appropriation authorization.

SEC. 5. (a) The owner of a resort in commercial operation during 1975, 1976 or 1977 and located on land riparian to any of the lakes listed below may require purchase of that resort, including land and buildings appurtenant thereto, by written notice to the Secretary prior to September 30, 1985. The value of such resort for purposes of such sale shall be based upon its fair market value as of July 1, 1978, or as of the date of said written notice, whichever is greater, without regard to restrictions imposed by this Act: Fall, Lake County, Moose, Lake County, Snowbank, Lake County, Lake One, Lake County, Sawbill, Cook County, Brule, Cook County, East Bearskin, Cook County, Clearwater, Cook County, Saganaga, Cook County, Sea Gull, Cook County, McFarland. Cook County, North Fowl, Cook County, South Fowl, Cook County, Jasper Lake, Lake County, Ojibway, Lake County. (b) An owner requiring purchase of a resort under this provision may elect to retain one or more appropriate buildings and lands not exceeding three acres, for personal use as a residence: Provided, That the purchase price to the Government for a resort shall be reduced by the fair market value of such buildings and lands, with the same valuation procedures outlined above. (c) With respect to any privately owned lands and interests in lands riparian to the lakes listed above, and if the Federal Government has been required to purchase a resort on said lake, said lands shall not be sold without first being offered for sale to the Secretary who shall be given a period of one hundred days after the date of each such offer within which to purchase such lands. No such lands shall be sold at a price below the price at which they have been offered for sale to the Secretary, and if such lands are reoffered for sale they shall first be reoffered to the Secretary: Provided, That, this right of first refusal shall not apply to a change in ownership of a property within an immediate family. (d) There are authorized to be appropriated such sums as may be necessary for the acquisition of lands and interests therein as provided by this section. TIMBER SALE CONTRACTS

Termination period.

SEC. 6. (a) The Secretary is directed to terminate within a period of one year after the date of passage of this Act, all timber sale contracts in the Boundary Waters Canoe Area Wilderness. There shall be no further logging of the virgin forest areas formerly enjoined from logging by the United States District Court on said contract areas during the termination period.

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 Rh store of myth and legend, men, not wholly Romanised, who could interpret to them in words which they could understand the new culture which they otherwise would simply have ignored. It was contact with the Christian classic world, but contact through the comparatively friendly medium of Anglo-Saxons and Celts, that was the determining impulse to the supreme expression by men of Teutonic races of their heathen beliefs and fancies, and it was in these islands that this contact took place, and that much of the resulting literature assumed form.

Such is the theory, the details of which have been pushed to such extravagant lengths as would reduce the magnificent poetry of the Scandinavians to a mere cento of misunderstood borrowings from Englishmen and Irishmen. Discarding as we must arbitrary and uncritical methods which would deprive the Eddas of all value as exponents of archaic belief and fancy, we may yet recognise that it was Britain which supplied the historical and social conditions, thanks to which Teutonic heathendom was able to realise and manifest itself in its grandest and most characteristic aspect. The Viking shock upon the Empires of the West and the East resulted in political changes the effects of which have lasted until to-day, but otherwise influenced but little the culture of the south and south-west of Europe. The Viking shock upon England and Ireland, less momentous in its political consequences, had for an outcome that superb body of mythical and heroic sagas which preserve not alone the formal legends and traditions of our forefathers, but a conception, a vision of life, alien to the Christian, alien to the latter classic ideals, whose loss would have left mankind infinitely weaker and poorer.

Thus when the older barbarism manifests itself for the first time in its awful strength and beauty our land and our


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Page:United States Statutes at Large Volume 92 Part 2.djvu/373

 PUBLIC LAW 95-495—OCT. 21, 1978

92 STAT. 1653

The purpose of said termination period is only to permit completion of the harvesting of timber within existing areas under contract that are not within the areas described above and permit the taking of ameliorative measures, including land and cover restoration that will, at the earliest feasible date, make the imprint of man's work substantially unnoticeable on the lands included as wilderness in this Act. (b)(1) In the event that termination of timber sale contracts in subsection (a) reduces the total national forest volume which a purchaser has under contract on the Superior National Forest to less than two years cut based on the average volume of Superior National Forest timber harvested by the purchaser in the last three years, the Secretary may, with the consent of the purchaser, substitute, to the extent practicable, timber on other national forest lands approximately equal in species and volume to the timber sale contract affected. In offering substitute timber, the Secretary shall negotiate the substitution at a price that is mutually eq^uitable considering such factors as species, volume, logging accessibility, and other terms of the agreement. (2) The United States will pay just compensation for any timber contracts terminated or modified by this Act, consistent with amendment V to the Constitution of the United States. Losses due to costs incurred in directly fulfilling the terms of such contracts shall be paid by the United States. Any action for the recovery from the United States of cost as provided above shall be brought in a court of competent jurisdiction. Any such judgments shall be paid from the claims and judgments fund (31 U.S.C. 724a). (c) Within the limits of applicable laws and prudent forest management: (1) the Secretary shall, in furtherance of the purposes of subsection (a) of this section and of section 4 of the National Forest Management Act of 1976 (90 Stat. 2949), expedite the intensification of resource management including emphasis on softwood timber production and hardwood utilization on the national forest lands in Minnesota outside the wilderness to offset, to the extent feasible, the reduction in the programmed allowable timber harvest resulting from reclassification of the Boundary Waters Area, and the Secretary shall make a review of progress to date in 1983, and a forecast of planned achievements by 1985 and shall submit, as a part of the 1985 program under the schedule called for in the Eesources Planning Act of 1974, a Plan and recommendations for 1985-1990. In administering the Superior National Forest, the Secretary is authorized and directed to engage in artificial and natural regeneration, release, site preparation, and other forms of timber production enhancement. (2) The Secretary, in carrying out the requirements in section (c)(1), is authorized and directed to cooperate with the State of Minnesota and its political subdivisions to develop and implement a system of grants, for the development of renewable resources on State, County and private lands. He may also seek the cooperation of other Federal departments and agencies to assure a coordinated approach to renewable resources development. (d) There is authorized to be appropriated, in addition to such sums as may otherwise be appropriated for the Superior National Forest from existing authorities established by law, the following additional sums for the fiscal years 1980 through 1990 inclusive: (1) to carry out the purposes of subsection 6(c)(1) an additional $8,000,000 annually; and.

Substitution.

Compensation, u s e prec. title I. Recovery.

Resource management review and plan. 16 USC 1601.

Administrative provisions.

Grants system, cooperation.

Appropriation authorizations.

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 92 STAT. 1654

PUBLIC LAW 95-495—OCT. 21, 1978

(2) to carry out the purposes of subsection 6(c)(2) an additional $3,000,000 annually: Provided, however, That the Federal share of any grant made pursuant to subsection 6(c)(2) shall not exceed 80 percent of the total cost of said grant. (e) Funds appropriated pursuant to this section shall remain available until expended. Authorizations in excess of funds appropriated in a given fiscal year shall remain available for appropriation in subsequent fiscal years. (f) In addition to those personnel who would otherwise be available, the Secretary is authorized to appoint and fix the compensation (not 5 USC 5332 note, to exceed that of grade 15 on the General Schedule for Federal empWyees) of additional full-time personnel for the Superior National Forest to carry out the purposes of this Act. LAWS APPLICABLE TO CERTAIN LANDS AND WATERS I N THE SUPERIOR NATIONAL FOREST

SEC. 7. (a) The provisions of the Acts listed in paragraph (b) of this section shall continue to apply to lands and waters specified in such Acts notwithstanding the inclusion of any such lands and waters in the wilderness or mining protection area designated under this Act. For lands and waters to which such Acts listed in paragraph (b) apply which are also within the wilderness or mining protection area designated under this Act, any withdrawal, prohibition, or restriction contained in such Acts listed in paragraph (b) shall be in addition to any withdrawal, prohibition, or restriction otherwise applicable to such wilderness or mining protection area under any other law. (b) The Acts referred to in paragraph (a) are as follows: •' ' ' (1) The Act of July 10, 1930 (46 Stat. 1020; 16 U.S.C. 5T7a, 577b), herein referred to as the "Shipstead-Nolan Act". (2) The Act of June 22, 1948 (62 Stat. 568, as amended, 16 U.S.C. 577c-577b), herein referred to as the "Thye-Blatnik Act". (c) The provisions of the Shipstead-Nolan Act are hereby extended and made applicable to all lands and waters not otherwise subject co such Act which are within the wilderness designated under this Act. (d)(1) The authorities contained in the Thye-Blatnik Act are hereby extended and made applicable to all lands and waters not otherwise subject to such Act which are within the wilderness designated under this Act. (2) In applying the second proviso of section 5 of such Thye16 USC 577g. Blatnik Act to the areas to which such Act is extended and made applicable under this subsection, the phrase "fiscal year 1980" shall be substituted for the phrase "the first full fiscal year after the approval of this Act" in such proviso. Appropriation (3) There are authorized to be appropriated such sums as may be authorization. necessary to carry out the provisions of the Thye-Blatnik Act with respect to the lands and waters within the wilderness designated under this Act. Such sums may be used for the payment of court judgments in condemnation actions brought under the terms of the Thye-Blatnik Act without regard to the date such condemnation actions were initially instituted. Funds appropriated from the Land and Water Conservation Fund may be used for the acquisition of any lands and waters, or interests therein within such wilderness. EXISTING AIRSPACE RESERVATION

3 CFR 1949-1953 5^°"?-' P- 287 note.

SEC. 8. The provisions of Executive Order 10092 as made applicable to the Boundary Waters Canoe Area established by the Wilderness Act of 1964 shall be deemed incorporated into this Act.

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 PUBLIC LAW 95-495—OCT. 21, 1978

92 STAT. 1655

M I N I N G PROTECTION AREA ESTABLISHMENT

SEC. 9. I n order to protect existing natural values and high standards of environmental quality from the adverse impacts associated with mineral development, there is hereby established the Boundary Waters Canoe Area Mining Protection Area (hereinafter in this Act referred to as the "mining protection area"), comprising approximately two hundred and twenty-two thousand acres. M A P AND BOUNDARIES

SEC. 10. The mining protection area shall comprise the area generally depicted as a mining protection area on the map entitled "Boundary Waters Canoe Area Wilderness and Boundary Waters Canoe Area Mining Protection Area" dated September 1978, which shall be on file and available for public inspection in the offices of the Supervisor of the Superior National Forest and of the Chief, United States Forest Service. As soon as practicable after this Act takes effect, the Secretary shall file a map and a legal description of the mining protection area with the Committee on Interior and Insular Affairs of the House of Representatives and the Committee on Energy and Natural Resources of the United States Senate. Such map and description shall have the same force and effect as if included in this Act. Correction of clerical and typographical errors in such description may be made.

Filing with congressional committees.

M I N I N G AND MINERAL LEASING I N THE WILDERNESS AND M I N I N G PROTECTION AREA

SEC. 11. (a) In addition to any other applicable prohibition or with- Prohibitions, drawal from entry or appropriation under any provision of the Wilderness Act or under any other provision of law, no permit, lease, or other authorization may be issued by any agency or authority of the United States for— (1) exploration for, or mining of, minerals owned by the United States within the Boundary Waters Canoe Area Wilderness and Boundary Waters Canoe Area Mining Protection Area; or (2) exploration for, or mining of minerals within such areas if such activities may affect navigable waters; or (3) the use of property owned by the United States in relation to any mining of or exploration for minerals in such areas which may materially impair the wilderness qualities of the wilderness area or which may materially impair the natural values and environmental quality of the mining protection area. The prohibitions contained in this subsection and any withdrawal from entry or appropriation for mining of or exploration for minerals applicable to the Boundary Waters Canoe Area Wilderness and Boundary Waters Canoe Area Mining Protection Area shall not apply to the extent specifically provided in legislation enacted by the United States after the date of enactment of this Act pursuant to a national emergency declared by the President. (b)(1) Consistent with the prohibitions and other requirements in subsection (a) of this section, no permit, lease, or other authorization shall be issued unless and until— (A) the Secretary shall have approved a plan that details how mining will be conducted consistent with this Act and with other Federal, State, and local requirements, and that details how the -

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 92 STAT. 1656

Minerals or mineral rights, acquisition.

PUBLIC LAW 95-495—OCT. 21, 1978 area will be restored to its original condition or to a substantially equivalent condition, including the estimated cost thereof; (B) the applicant has posted a bond for performance payable to the United States in an amount determined by the Secretary to be sufficient to assure completion of the reclamation plan if the work had to be performed by the United States; (C) the applicant shall have obtained all permits, licenses, certifications, and approvals required by Federal, State, or local law; and (iv) the Secretary has determined that no permanent facility will be constructed nor altetation will occur that could render the area incapable of reverting to its original condit ion or to a substantially equivalent condition. (2) The provisions of paragraphs (2) and (3) of section 4(d) of the Wilderness Act (78 Stat. 890; 16 U.S.C. 1133(d)(2) and 16 U.S.C. 1133(d)(3)) shall not apply to the area designated herein as the Boimdary Waters Canoe Area Wilderness. (c) The Secretary is authorized to acquire any minerals or mineral rights within the wilderness and mining protection area alleged to be owned by persons other than the Federal or State governments in the following manner: (1) The Secretary first may seek to acquire these minerals or mineral rights by donation. In seeking a donation, the Secretary shall inform the person alleging the ownership interest of the procedures and limitations to be followed in acquisition by purchase as set forth in paragraph (2) below. (2) If the person alle^ng the ownership interest does not donate his minerals or mineral rights to either the Federal or State governments, the Secretary is authorized to acquire the rights by purchase, within the limits of funds appropriated for property acquisition in the Superior National Forest, and in an amount appropriately discounted for the following factors if existent in relation to the particular mineral interest: (A) The original patenting from the Federal public domain was fraudulent. The patenting of lands in the Boundary Waters Canoe Area Wilderness and Boundary Waters Canoe Area Mining Protection Area is prima facie fraudulent if (1) the Act under which the patent was issued was one of the Acts intended to put settlers on the land, such as, but without limitation, the Cash Purchase Act of 1820 (chapter L I, Act of April 24, 1820, 3 U.S. Stat. 566, 567, as amended); the Preemption Act of 1830 (chapter CCVIII, Act of May 29, 1830, 4 U.S. Stat. 420, 421, as amended); the Homestead Act of 1862 (chapter LXXV, Act of May 20, 1862, 12 U.S. Stat. 392-394, as amended); and the Timber and Stone Act (chapter 150, Act of June 3, 1878, 20 U.S. Stat. 88, 89, as amended, particularly by chapter 375, Act of August 4, 1892, 27 U.S. Stat. 348); and (2) the land was patented after 1875 and before the establishment of the Superior National Forest by proclamation on February 13, 1909. The Secretary also shall consider any other evidence of fraud when determining the value of the minerals such as (1) the transfer by the entryman or patentee of whole or partial interests in the property during the patenting process or soon thereafter, (2) the appearance in the chain of title of persons known to have participated in land speculation as land brokers, entrymen, or in other capacities.

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 PUBLIC LAW 95-495—OCT. 21, 1978

92 STAT. 1657

(B) The date of separation of the mineral or mineral rights from the surface interest, if the separation occurred after 1927, the year when the courts have determined that the roadless policy was established by the Secretary for the area. (C) Any other factor, such as restrictions on mining within the area imposed by State or local government, or by operation of treaty. (d) In the event any legal action or proceeding is instituted by or against the United States in relation to minerals or mineral rights where the patenting is prima facie fraudulent as described in subsection (c) of this section, the Attorney General of the United States shall assert the public's equitable right to constructive or public trusts, or to recover or offset damages including but not limited to those based on the value of land fraudulently acquired plus interest at 6 per centum per annum. (e) Notwithstanding any requirement of this section, the Secretary shall have authority to acquire within the wilderness or mining protection area designated by this Act, existing mineral interests by donation, purchase, exchange, or through exercise of the power of eminent domain. (f) There is authorized to be appropriated to the Secretary such sums as may be required to carry out the purposes of this section, to be available until expended.

Appropriation authorization.

SEVERABILITY

SEC. 12. If any provision of this Act is declared to be invalid, such declaration shall not affect the validity of any other provision hereof. EXISTING STRUCTURES

SEC. 13. Nothing in this Act or the Wilderness Act shall be con- 16 USC 1131 strued to prohibit the maintenance of the Prairie Portage Dam (on note. the international boundary chain between Birch and Basswood Lakes), and the Secretary is authorized to perform such maintenance work as may be required to keep that dam functional at its present height and width. The Secretary is authorized to maintain other existing water control structures only where such structures are necessary to protect wilderness values or public safety. JURISDICTION OVER F I S H AND WILDLIFE

SEC. 14. Nothing in this Act shall be construed as affecting the jurisdiction or responsibilities of the State with respect to fish and wildlife in the wilderness and the mining protection area. JURISDICTION OVER WATERS

SEC. 15. The Secretary is authorized to promulgate and enforce Regulations, regulations that limit or prohibit the use of motorized equipment on or relating to waters located within the wilderness in accordance with the provisions of this Act: Provided, That nothing in this Act shall be construed as affecting the jurisdiction or responsibilities of the State with respect to such waters except to the extent that the exercise of such jurisdiction is less stringent than the Secretary's regulations promulgated pursuant to this section: Provided further, That any regulations adopted pursuant to this Act shall be complementary to, and not in derogation of regulations issued by the United States Coast Guard.

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 92 STAT. 1658 Cooperative agreements.

PUBLIC LAW 95-495—OCT. 21, 1978 The Secretary is authorized to enter into cooperative agreements with the State of Minnesota with respect to enforcement of Federal and State regulations affecting the wilderness and the mining protection area. COOPERATION W I T H STATE

Administration of mining protection area and adjacent lands.

SEC. 16. (a) The Secretary shall cooperate with the State of Minnesota and any political subdivision thereof in the administration of the mining protection area and in the administration and protection of lands within or adjacent to the mining protection area owned or controlled by the State or any political subdivision thereof. Nothing in this title shall deprive the State of Minnesota or any political subdivision thereof of its right to exercise civil and criminal jurisdiction within the wilderness and the mining protection area and impose land use controls and environmental health standards on non-Federal areas within the wilderness and the mining protection area, or of its right to tax persons, corporations, franchises, or other non-Federal property, including mineral or other interests, in or on lands or waters within the wilderness and the mining protection area. (b) The Secretary is authorized to enter into cooperative agreements with the State of Minnesota with respect to enforcement of Federal and State regulations affecting the wilderness and the mining protection and shall consult with the State of Minnesota in an effort to enhance the multiple-use benefits to be derived from both State and national forest lands. TREATIES

SEC. 17. Nothing in this Act shall affect the provisions of any treaty now applicable to lands and waters which are included in the mining protection area and the wilderness. EXPANSION o r RECREATION PROGRAMS

16 USC 1131 note.

Program for disabled persons.

SEC. 18. (a) The Secretary is authorized and directed to expedite and intensify the program of dispersed outdoor recreation development on the Superior National Forest outside the Boundary Waters Canoe Area Wilderness, as designated by this Act. The Secretary shall consider in such new program development the need for the following: additional snowmobile trails, particularly those now planned or under construction; remote campsites on lightly developed lakes; and lake access sites and parking facilities to provide motorized recreation experiences similar to those previously available in the Boundary Waters Canoe Area. (b) The Secretary, consistent with the Wilderness Act of 1964 and with this Act, is authorized to construct a system of new hiking, backpacking and cross-country ski trails within the Boundary Waters Canoe Area Wilderness as designated by this Act, and on appropriate adjacent Federal lands outside the wilderness. In constructing such a trail system, consideration should be given to locating portions of the system near existing resorts on the perimeter of the wilderness to provide additional outdoor recreation opportunities for resort guests. (c) The Secretary is authorized and directed to develop an educational program for the recreational users of the wilderness which will assist them to understand the purpose, value, and appropriate use of wilderness lands and the functioning of natural ecosystems in wilderness. (d) The Secretary in cooperation with the State of Minnesota and other appropriate groups, consistent with the purposes of this Act,

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 PUBLIC LAW 95-495—OCT. 21, 1978 is authorized and directed to develop a program providing opportunities for a wide range of outdoor experiences for disabled persons. (e) There are authorized to be appropriated such sums as may be necessary for the Secretary to carry out the purposes of this section. SEC. 19. (a) The Secretary, in cooperation with other appropriate executive agencies, is authorized and directed to develop a cooperative program of technical and financial assistance to resorts in commercial operation in 1975, 1976, and 1977, and outfitters in commercial operation in 1977 which are located within the mining protection area or which are located on land adjacent to any of the lakes listed in section 5 of this Act. There are authorized to be appropriated such sums as may be necessary for the purposes of this subsection. (b) There are authorized to be appropriated to the Secretary funds to be made available as grants to the Agricultural Extension Service, University of Minnesota, to provide over a three-year period educational and technical assistance to businesses and communities adjacent to the Boundary Waters Canoe Area Wilderness in order to improve economic opportunities for tourism and recreation-related businesses in a manner which is complementary to the management of the wilderness. MANAGEMENT

92 STAT. 1659

Appropriation authorization. Technical and financial assistance for certain commercial operations.

Grants.

STUDY

SEC. 20. The Secretary, acting through the Chief, United States Submittal to Forest Service, shall, not later than October 1, 1981, submit to the congressional Committee on Interior and Insular Affairs of the House of Representa- committees. tives and the Committee on Energy and Natural Resources of the Senate, a comprehensive management plan setting forth the specific management procedures to implement the objectives of this Act. An Interim report, interim report setting forth public involvement procedures, management alternatives, and a timetable for the remaining study actions, shall be submitted within one year from the date of enactment of this Act. LIMITATION OP AUTHORIZATIONS

SEC. 21. All authorizations for any funds to be appropriated under the terms of this Act shall not be effective until October 1, 1979. Notwithstanding any other provision of this Act, authority to enter into agreements or to make payments under this Act shall be effective only to the extent or in such amounts as are provided in advance in appropriation Acts. Approved October 21, 1978.

LEGISLATIVE HISTORY: HOUSE REPORTS: No. 95-1117, Pt. I (Comm. on Interior and Insular Affairs) and No. 95-1790 (Comm. of Conference). SENATE REPORTS: No. 95-1274 (Comm. on Energy and Natural Resources) and No. 95-1327 (Comm. of Conference). CONGRESSIONAL RECORD, Vol. 124 (1978): June 5, considered and passed House. Oct. 9, considered and passed Senate, amended. Oct. 15, House and Senate agreed to conference report.

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