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 892. Waiver of de-

76 Stat. 410.

fu^d's"^^""" °^

PUBLIC LAW 89-645-OCT. 13, 1966

[80 STAT.

"jj (1) With respect to any extraordinary nuclear occurrence to which an insurance policy or contract furnished as proof of financial protection or an indemnity agreement applies and which— " (a) arises out of or results from or occurs in the course of the construction, possession, or operation of a production or utilization facility, or "(b) arises out of or results from or occurs in the course of transportation of source material, byproduct material, or special nuclear material to or from a production or utilization facility, or "(c) during the course of the contract activity arises out of or results from the possession, operation, or use by a Commission contractor or subcontractor of a device utilizing special nuclear material or byproduct material, the Commission may incorporate provisions in indemnity agreements with licensees and contractors under this section, and may require provisions to be incorporated in insurance policies or contracts furnished as proof of financial protection, which waive (i) any issue or defense as to conduct of the claimant or fault of persons indemnified, (ii) an J issue or defense as to charitable or governmental immunity, and (iii) any issue or defense based on any statute of limitations if suit is instituted within three years from the date on which the claimant first knew, or reasonably could have known, of his injury or damage and the cause thereof, but in no event more than ten years after the date of the nuclear incident. The waiver of any such issue or defense shall be effective regardless of whether such issue or defense may otherwise be deemed jurisdictional or relating to an element in the cause of action. When so incorporated, such waivers shall be judicially enforcible in accordance with their terms by the claimant against the person indemnified. Such waivers shall not preclude a defense based upon a failure to take reasonable steps to mitigate damages, nor shall such waivers apply to injury or damage to a claimant or to a claimant's property which is intentionally sustained by the claimant or which results from a nuclear incident intentionally and wrongfully caused by the claimant. The waivers authorized in this subsection shall, as to indemnitors, be effective only with respect to those obligations set forth in the insurance policies or the contracts furnished as proof of financial protection and in the indemnity agreements. Such waivers shall not apply to, or prejudice the prosecution or defense of, any claim or portion of claim which is not within the protection afforded under (i) the terms of insurance policies or contracts furnished as proof of financial protection, or indemnity agreements, and (ii) the limit of liability provisions of subsection 170 e. "(2) With respect to any public liability action arising out of or resulting from an extraordinary nuclear occurrence, the United States district court in the district where the extraordinary nuclear occurrence takes place, or in the case of an extraordinary nuclear occurrence taking place outside the United States, the United States District Court for the District of Columbia, shall have original jurisdiction without regard to the citizenship of any party or the amount in controversy. Upon motion of the defendant or of the Commission, any such action pending in any State court or United States district court shall be removed or transferred to the United States district court having venue under this subsection. Process of such district court shall be effective throughout the United States. "^" Wh^ii^ver the United States district court in the district where a nuclear incident occurs, or the United States District Court for the District of Columbia in case of a nuclear incident occurring outside the United States, determines upon the petition of any indemnitor or

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PUBLIC LAW 89-646-OCT. 13, 1966

other interested person that public liability from a single nuclear incident may exceed the limit of liability under subsection 170 e.: " (1) Total payments made by or for all indemnitors as a result of such nuclear mcident shall not exceed 15 per centum of such limit of liability without the prior approval of such court; " (2) The court shall not authorize payments in excess of 15 per centum of such limit of liability unless the court determines that such payments are or will be in accordance with a plan of distribution which has been approved by the court or such payments are not likely to prejudice the subsequent adoption and implementation by the court of a plan of distribution pursuant to subparagraph (3) of this subsection (o); and " (3) The Commission shall, and any other indemnitor or other interested person may, submit to such district court a plan for the disposition of pending claims and for the distribution of remaining funds available. Such a plan shall include an allocation of appropriate amounts for personal injury claims, property damage claims, and possible latent injury claims which may not be discovered until a later time. Such court shall have all power necessary to approve, disapprove, or modify plans proposed, or to adopt another plan; and to determine the proportionate share of funds available for each claimant. The Commission, any other indemnitor, and any person indemnified shall be entitled to such orders as may be appropriate to implement and enforce the provisions of this section, including orders limiting the liability of the persons indemnified, orders approving or modifying the plan, orders staying the payment of claims and the execution of court judgments, orders apportioning the payments to be made to claimants, and orders permitting partial payments to be made before final determination of the total claims. The orders of such court shall be effective throughout the United States." Approved October 13, 1966.

893 76 Stat. 410. 42 USC 2210.

Public Law 89-646 JOINT RESOLUTION To amend the joint resolution providing for membership of the United States in the Pan American Institute of Geography and History and to authorize appropriations therefor.

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That Public Eesolution 42, Seventy-fourth Congress, approved August 2, 1935 (22 U.S.C. 273), is amended to read as follows: "That in order to meet the obligations of the United States as a member of the Pan American Institute of Geography and History, there are authorized to be appropriated to the Department of State— "(1) such sums, not to exceed $90,300 annually, as may be required for the payment by the United States of its share of the expenses of the Institute, as apportioned in accordance with the statutes of the Institute; and "(2) such additional sums as may be needed annually for the payment of all necessary expenses incident to participation by the United States in the activities of the Institute." Approved October 13, 1966.

65-300 0-67—59

October 13, 1966 [S.J. R e s. 108]

Pan American Institute of Geography and History. Appropriation authorization. 68 Stat. 1008.

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PUBLIC LAW 89-647-OCT. 13, 1966

[80 STAT.

Public Law 89-647 October 13, 1966 [S. 3096]

Federal Airport Act, amendment. 75 Stat. 524; 78 Stat. 159. State projects.

60 Stat. 177. 49 USC n i l.

Hawaii, Puerto Rico, and Virgin Islands.

General aviation airports.

7 5 Stat. 524; 78 Stat. 160.

AN ACT To amend the Federal Airport Act to extend the time for making grants thereunder, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 5(d) of the Federal Airport Act (49 U.S.C. 1104(d)) is amended by adding at the end thereof the following new paragraphs: " (7) For the purpose of carrying out this Act in the several States, in addition to other amounts authorized by this Act, appropriations amounting in the aggregate to $199,500,000 are hereby authorized to be made to the Administrator over a period of three fiscal years, beginning with the fiscal year ending June 30, 1968. Of amounts appropriated under this paragraph, $66,500,000 shall become available for obligation, by the execution of giant agreements pursuant to section 12, beginning July 1 of each of the fiscal years ending June 30, 1968, June 30, 1969,,and June 30, 1970, and shall continue to be so available until expended. "(8) For the purpose of carrying out this Act in Hawaii, Puerto Rico, and the Virgin Islands, in addition to other amounts authorized by this Act, appropriations amounting in the aggregate to $4,500,000 are hereby authorized to be made to the Administrator over a period of three fiscal years, beginning with the fiscal year ending June 30, 1968. Of amounts appropriated under this paragraph, $1,500,000 shall become available for obligation, by the execution of grant agreements pursuant to section 12, beginning July 1 of each of the fiscal years ending June 30, 1968, June 30, 1969, and June 30, 1970, and shall continue to be so available until expended. Of each such amount, 40 per centum shall be available for Hawaii, 40 per centum shall be available for Puerto Rico, and 20 per centum shall be available for the V i r ^ n Islands. "(9) For the purpose of developing, in the several States, airports the primary purpose of which is to serve general aviation and to relieve congestion at airports having high density of traffic serving other segments of aviation, in addition to other amounts authorized by this Act for such purpose, appropriations amounting in the aggregate to $21,000,000 are hereby authorized to be made to the Administrator over a period of three fiscal years, beginning with the fiscal year, ending June 30, 1968. Of amounts appropriated under this paragraph, $7,000,000 shall become available for obligation, by the execution of grant agreements pursuant to section 12, oeginning July 1 of each of the fiscal years ending June 30, 1968, June 30, 1969, and June 30, 1970, and shall continue to be so available until expended." SEC. 2. (a) Section 6(a) of such Act (49 U.S.C. 1105(a)) is amended by striking out "or 5(d)(4) " in the first sentence and inserting "5(d)(4) or 5(d)(7)". (b) Section 6(b)(1) of such Act (49 U.S.C. 1105(b)(1)) is amended by striking out "and 5(d)(4) " and inserting in lieu thereof "o(d)(4) and 5(d)(7) " and by striking out "and 5(d)(6) " and inserting in lieu thereof ". 5 (d)(6) and 5 (d)(9)". Approved October 13, 1966.

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PUBLIC LAW 89-649-OCT. 13, 1966

895

Public Law 89-648 AN ACT

October 13, 1966

To amend Public Law 89-428 to authorize the Atomic Energy Commission to enter into a cooperative arrangement for a large-scale combination nuclear power-desalting project, and appropriations therefor, in accordance with section 261 of the Atomic Energy Act of 1954, as amended.

^^'^^"'^^

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That Public Law ^^^"^^l^^"" ^ro^ect 89-428 is hereby amended by adding a new section as follows: Ante, p. i62. " SEC. 108. LARGE-SCALE COMBINATION NUCLEAR POWER-DESALTING

PROJECT.—The Commission is hereby authorized to enter into a cooperative arrangement, in association with the Department of the Interior, with the Metropolitan Water District of Southern California, with privately, publicly, or cooperatively owned utilities, or others, for participation in a large-scale nuclear power-desalting project involving the development, design, construction, and operation of a desalting plant, back pressure turbine, and a nuclear powerplant or plants that will also be utilized for the generation of electric energy, in accordance with the basis for an arrangement described in the program justification data submitted by the Commission in support of this authorization for fiscal year 1967 without regard to the provisions of section 169 of the Atomic Energy Act of 1954, as amended: Provided further, That appropriations in the amount of $15,000,000 are hereby authorized for the Commission's participation in this project; and the Commission's cooperative assistance shall pertain to the dual-purpose aspects of the project; the siting and related design of the plants; and the coupling of the desalting plant with the back pressure turbine and the nuclear powerplants; or to other aspects of the project pertaining to interrelationship of nuclear power and desalting." Approved October 13, 1966,

^^ use'2^209'

Public Law 89-649 AN ACT

October 13, 1966

To clarify authorization for the approval by the Administrator of the Federal Aviation Agency of the lease of a portion of certain real property conveyed to the city of Clarinda, Iowa, for airport purposes.

[S. 2434]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, notwithstanding section 16 of the Federal Airport Act, the Administrator of the Federal Aviation Agency is authorized, subject to the provisions of section 4 of the Act of October 1, 1949 (50 App. U.S.C. 1622c), to grant releases from any of the terms, conditions, reservations, and restrictions contained in the deed of conveyance dated March 26, 1947, under which the United States conveyed certain property to the city of Clarinda, loMa, for airport purposes. Approved October 13, 1966.

^o Stat. 179. ^"^ ^^^^' " Stat. 700.

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PUBLIC LAW 89-650-OCT. 13, 1966

[80 STAT.

Public Law 89-650 October 13, 1966 [H. R. 9916]

Armed Forces. Military, Naval, and Air Force Academies, appointment. 70A Stat. 429; 7 8 Stat. 148, 151.

70A Stat. 102; 72 Stat. 702, 1564.

Alternates.

70A Stat. 430; 78 Stat. 150, 153.

AN ACT To amend title 10, United States Code, with respect to the nomination and selection of candidates for appointment to the Military, Naval, and Air Force Academies, and for other purposes.

Be it enacted by the Senate and House of Befresentatives of the United States of America in Congress assembled, That title 10, United States Code, is amended as follows: (1) Sections 4342(a)(1), 6954(a)(1), and 9342(a)(1) are each amended as follows: (A*) By inserting ", or have a service-connected disability rated at not less than 100 per centum resulting from," after "died of", and by striking out "active service" and all that follows through "1955" and inserting in lieu thereof "active service.". (B) By inserting "or disability, and the percentage at which the disability is rated," after "death" in the last sentence thereof. (2) Sections4342(a)(2), 6954(a)(2), and 9342(a)(2) areeach amended by inserting before the period at the end thereof "or, if there is no Vice President, by the President pro tempore of the Senate". (3) Sections 4342(b)(1),6954(b)(1), and9342(b)(1) areeach amended to read as follows: "(1) one hundred selected by the President from the sons of members of an armed force who— " (A) are on active duty (other than for training) and who have served continuously on active duty for at least eight years; " (B) are, or who died while they were, retired with pay or granted retired or retainer pay, other than those granted retired pay under section 1331 of this title; however, a person who is eligible for selection under clause (1) of subsection (a) may not be selected under this clause." (4) Section 4342(b)(3) is amended by striking out "the Army Reserve" and inserting in place thereof "reserve components of the Army". (5) Section 9342(b)(3) is amended by striking out "the Air Force Reserve" and inserting in place thereof "reserve components of the Air Force". SEC. 2. Notwithstanding any other provision of law, none of the additional appointments authorized in sections 4342(b)(1), 6954(b) (1) and 9342(b)(1) as provided by this Act shall serve to reduce or diminish the number of qualified alternates from congressional sources who would otherwise be appointed by the appropriate service Secretary under the authority contained in sections 4343, 6956, and 9343 of title 10, United States Code. Approved October 13, 1966.

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PUBLIC LAW 89-651-OCT. 14, 1966

897

Public Law 89-651 ,AN ACT

October 14, 1966

To implement the Agreement on the Importation of Educational, Scientific, and Cultural Materials, opened for signature at Lake Success on November 22, 1950, and for other purposes.

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

"

[H. R. 8664]

of the ^ Educational,

'

Scientific and

SECTION 1. SHORT TITLE, ETC.

cultural Mate-

(a) SHORT TITLE.—This Act may be cited as the "Educational, Act oT^ig'ee!'""

Scientific, and Cultural Materials Importation Act of 1966". (b) PURPOSE.—The purpose of this Act is to enable the United States to give effect to the Agreement on the Importation of Educational, Scientific and Cultural Materials, opened for signature at Lake Success on November 22, 1950, with a view to contributing to the cause of peace through the freer exchange of ideas and knowledge across national boundaries. (c) AMENDMENT OF TARIFF SCHEDULES.—Whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or lepeal of, an item or other provision, the reference shall be considered to be made to an item or other provision of the Tariff Schedules of the United States (19 U.S.C. sec. 1202). SEC. 2. EFFECTIVE DATE. This Act shall become effective with respect to articles entered, or withdrawn from warehouse, for consumption on or after a date to be proclaimed by the President, which date shall be within a period of three months after the date on which the United States instrument of ratification of the Agreement on the Importation of Educational, Scientific and Cultural Materials shall have been deposited with the Secretary-General of the United Nations. SEC. 3. BOOKS, PAMPHLETS, AND OTHER PRINTED AND MANUSCRIPT MATERIAL.

77A Stat. 3.

(a) BOOKS.—

(1) Schedule 2, part 5, is amended— ^ ^ (A) by striking out items 270.15 to 270.40, inclusive, and inserting in lieu thereof the following: " I 270.25 I Books not specially provided for

 * Free

 * Free

(B) by striking out the article description irmnediately preceding item 270.45 and inserting in lieu thereof "Printed catalogs relating chiefly to current offers for the sale of United States products:", (C) by striking out the item numbers and the article descriptions in items 274.75 to 274.90, inclusive, and the article descriptions preceding items 274.75 and 274.85, and inserting in lieu thereof the following: "Printed matter not specially provided for: 274.73 Suitable for use in the production of such books as would themselves be free of duty Other: Printed on paper in whole or in part by a lithographic process: 274.75 Not over 0.020 inch thick 274.80 Over 0.020 inch thick Other: 274.85 Susceptible of authorship 274.90 Other " (D) by inserting "Free" in each of the rate columns in item 274.73, added by subparagraph (C).

77A Stat. 109.

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PUBLIC LAW 89-651-OCT. U, 1966

77A Stat. 374. 19 USC 1202.

[80 STAT.

(2) Item 737.52 is amended to read as follows: 737.52

Toy books, including coloring books and books the only reading matter in which consists of letters, numerals, or descriptive words

Free

Free

(b) PERIODICALS.—Schedule 2, part 5, is amended by striking oui items 270.60 and 270.65 and the article description immediately preceding item 270.60 and inserting in lieu thereof the following: " I 270.63 I Periodicals

 * Free

 * Free

(c) TOURIST LITERATURE, ETC.—The article description in item 270.70 is amended to read as follows: "Tourist and other literature (including posters), containing geographic, historical, hotel, institutional, time-table, travel, or similar information, chiefly with respect to places, travel facilities, or educational opportunities outside the customs territory of the United States". (d) MUSIC I N BOOKS OR SHEETS.—Schedule 2, part 5, is amended by striking out items 273.05 to 273.20, inclusive, and the article descriptions immediately preceding items 273.05 and 273.15, and inserting in lieu thereof the following: " I 273.10 I Music in books or sheets

 * Free

I Free

(e) MAPS, ATLASES, AND CHARTS.—Schedule 2, part 5, is amended^— (1) by striking out item 273.25 and the article description immediately preceding it, (2) by striking out the item number and article description in item 273.30 and inserting in lieu thereof "273.30 | Printed globes", and (3) by striking out items 273.35 and 273.40 and the article description immediately preceding item 273.35 and inserting in lieu thereof the following: 273.35

77A Stat. 389.

Free

SEC. 4. WORKS OF ART; ANTIQUES. (a) PAINTINGS, ETC.—Schedule 7, part 11, subpart A, is amended by striking out items 765.05 and 765.07 and the article description immediately preceding item 765.05 and inserting in lieu thereof the following: 765.03

77A Stat. 41S

Maps, atlases, and charts (except tourist and other I literature provided for in item 270.70)
 * Free

Paintings, pastels, drawings, and sketches, all the foregoing, whether or not originals, executed wholly by hand

Free

Free

(b) ANTIQUES.—Schedule 7, part 11, subpart B, is amended by striking out so much of the article description immediately preceding item 766.20 as precedes "all the foregoing" and inserting m lieu thereof "Ethnographic objects made in traditional aboriginal styles and made at least 50 years prior to their date of entry; and other antiques made prior to 100 years before their date of entry;". SEC. 5. DOCUMENTS OF FOREIGN GOVERNMENTS AND INTERNATIONAL ORGANIZATIONS. The article description in item 840.00 is amended— (1) by inserting "(including exposed and developed motion picture and other films, recorded video tapes, and sound recordings) " immediately after "documents", and (2) by striking out "wholly" and inserting in lieu thereof "essentially". SEC. 6. CERTAIN ARTICLES IMPORTED BY EDUCATIONAL, SCIENTIFIC, AND OTHER SPECIFIED INSTITUTIONS. (a) GENERAL.—Schedule 8, part 4, is amended— (1) by striking out "plans" in headnote 3 and inserting in lieu thereof "plans, and reproductions thereof,",

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STAT.]

899

PUBLIC LAW 89-651-OCT. 14, 1966

(2) hj striking out "institution established solely" in the article description immediately preceding item 851.10 and inserting in lieu thereof "nonprofit institution established", and (3) by striking out so much of the article description in item 851.10 as precedes "all the foregoing" and inserting in lieu thereof "Drawings and plans, reproductions thereof, engravings, etchings, lithographs, woodcuts, globes, sound recordings, recorded video tapes, and photographic and other prints,". (b) PATTERNS AND MODELS.—The article description in item 851.50 is amended to read as follows: "Patterns and models exclusively for exhibition or educational use at any such institution". (c) SCIENTIFIC INSTRUMENTS AND APPARATUS.—Schedule 8, part 4, is amended— (1) by inserting after item 851.50 the following:

851.60

851.65

Articles entered for the use of any nonprofit institution, whetlier public or private, established for educational or scientific purposes: Instruments and apparatus, if no instrument or apparatus of equivalent scientific value for the purposes for which the instrument or apparatus is intended to be used is being manufactured in the United States (see headnote 6 to this part).. Free Repair components for instruments or apparatus admitted under item 8.51.60 Free

77A Stat. 420. 19 USC 1202.

Free Free

(2) by striking out headnote 1 and inserting in lieu thereof the following: " 1. Except as provided in items 850.50 and 852.20, or as otherwise provided for in this headnote, the articles covered by this part must be exclusively for the use of the institutions involved, and not for distribution, sale, or other commercial use within 5 years after being entered. Articles admitted under any items in this part may be transferred from an institution specified with respect to such articles to another such institution, or may be exported or destroyed under customs supervision, without duty liability being incurred. However, if any such article (other than an article provided for in item 850.50 or 852.20) is transferred other than as provided by the preceding sentence, or is used for commercial purposes, within 5 years after being entered, the institution for which such article was entered shall promptly notify customs officers at the port of entry and shall be liable for the payment of duty on such article in an amount determined on the basis of its condition as imported and the rate applicable to it (determined without regard to this part) when entered. If, with a view to a transfer (other than a transfer permitted by the second sentence) or the use for commercial purposes of an instrument or apparatus, a repair component admitted under item 851.65 has been assembled into such instrument or apparatus, such component shall, for purposes of the preceding sentence, be treated as a separate article.", (3) by inserting the following headnote immediately after headnote 5: " r "6. (a) The term 'instruments and apparatus' (item 851.60) andI nasptpu maet n tss. " ar u embraces only instruments and apparatus provided for in— " (i) schedule 5: items 535.21-.27 and subpart E of part 2; and 77A Stat. 242, items 547.53 and 547.55 and subpart D of part 3; 250. "(ii) schedule 6: subpart G of part 3; subparts A and F and 77A Stat. 308. items 676.15, 676.20, and 678.50 of part 4; part 5; and items 694.15, 694.50j and 696.60 of part 6; and "(iii) schedule 7: part 2 (except subpart G); and items 790.5977A Stat. 339, .62 of subpart A of part 13; 398. but the term does not include materials or supplies, nor does it include ordinary equipment for use in building construction or maintenance or

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 900

Ante, p. 899.

,

Publication in Federal Register.

PUBLIC LAW 89-651-OCT. 14, 1966

[80 STAT.

for use in supporting activities of the institution such as its administrative offices or its eating or religious facilities. "(b) ^11 institution desiring to enter an article under item 851.60 shall make application therefor to the Secretary of the Treasury including therein (in addition to such other information as may be prescrmed by regulation) a description of the article, the purposes for which the instrument or apparatus is intended to be used, the oasis for the institution's belief that no instrument or apparatus of equivalent scientific value for such purposes is being manufactured in the United States, and a statement that either the institution has already placed a bona fide order for the instrument or apparatus or has a firm intention, in the event of favorable action on its application, to place such an order on or before the final day specified in paragraph (d) of this headnote for the placing of an order. If the application is made in accordance with the applicable regulations, the Secretary of the Treasury shall promptly forward copies thereof to the Secretary of Commerce and to the Secretary of Health, Education, and Welfare. If, at any time while its application is under consideration by the Secretary of Commerce or by the Court of Customs and Patent Appeals on appeal from a finding by him, an institution cancels an order for the instrument or apparatus to which its application relates or ceases to have a firm intention to order such instrument or apparatus, it shall promptly so notify the Secretary of Commerce or such Court, as the case may be. "(c) Upon receipt of the application the Secretary of Commerce shall, by publication in the Federal Register, afford interested persons and other Government agencies reasonable opportunity to present their views with respect to the question whether an instrument or apparatus of equivalent scientific value for the purposes for which the article is intended to be used is being manufactured in the United States. After considering any views presented pursuant to this paragraph, including any written advice from the Secretary of Health, Education, and Welfare, the Secretary of Commerce shall determine whether an instrument or apparatus of equivalent scientific value to such article, for the purposes for which the instrument or apparatus is intended to be used, is being manufactured in the United States. Each finding by the Secretary of Commerce under this paragraph shall be promptly reported to the Secretary of the Treasury and to the applicant institution. Each such finding shall be published in the Federal Register, with a statement of the reasons therefor, on or before the ninetieth day following the date on which the application was made to the Secretary of the Treasury in accordance with applicable regulations. " (d) Item 851.60 shall not apply with respect to any instrument or apparatus unless a bona fide order therefor has been placed, by the institution making the application under this headnote, on or before the sixtieth day following the day on which a finding of the Secretary of Commerce favorable to the institution has become final and conclusive. "(e) Within 20 days after the publication in the Federal Register of a finding by the Secretary of Commerce under paragraph (c) of this headnote, an appeal may be taken from said finding only upon a question.or questions of law and only to the United States Court of Customs and Patent Appeals— " (i) by the institution which made the application under paragraph (b) of this headnote, "(ii) by a person who, in the proceeding which led to such finding, represented to the Secretary of Commerce in writing that he manufactures in the United States an instrument or apparatus

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901

PUBLIC LAW 89-651-OCT. 14, 1966

of equivalent scientific value for the purposes for which the article to which the application relates is intended to be used, "(iii) by the importer thereof, if the article to which the application relates has been entered at the time the appeal is taken, or " (iv) by an affent of any of the foregoing. Any appeal under mis paragraph shall receive a preference over all other matters before the Court and shall be heard and determined as expeditiously as the Court considers to be practicable. The judgment of the Court shall be final. "(f) The Secretary of the Treasury and the Secretary of Commerce may prescribe joint regulations to carry out their functions under this headnote.", and (4) by striking out "and electron microscopes," in item 854,10. SEC. 7. SCIENTIFIC SPECIMENS. Schedule 8 is amended by striking out item 852.10 and the article description immediately preceding it, and by inserting after item 870.25 the following new item: Specimens of archeology, mineralogy, or natural history (including specimens of botany or zoology other than live zoological specimens) imported for any public or private scientific collection for exhibition or other educational or scientific use, and not for sale or other commercial use Free SEC. 8. CONFORMING AMENDMENTS. (a) PRINTED AND MANUSCRIPT MATERIAL.—The

77A Stat. 420. 19 USC 1202.

870.27

Free

title of schedule 2,

part 5, is amended to read as follows:

77A Stat. 109.

" P A K T 5.—BOOKS, P A M P H L E T S, A N D OTHER P R I N T E D AND MANUSCRIPT MATERIAL". (b)

SPECIAL CLASSIFICATION PROVISIONS.—Schedule 8 is amended—

(1) by striking out "items 806.10, 806.20," in headnote 2 to part 1, subpart B, and inserting "items 806.20" in lieu thereof, (2) by striking out item 806.10, (3) by striking out so much of the article description in item 830.00 as precedes "and exposed photographic films" and inserting in lieu thereof "Engravings, etchings, photographic prints, whether bound or unbound, recorded video tapes,", (4) by inserting "and recorded video tapes" after "recordings" in item 831.00, and (5) by striking out so much of the article description in item 850.10 as precedes "all the foregoing" and inserting in lieu thereof "Drawings, engravings, etchings, lithographs, woodcuts, sound recordings, recorded video tapes, and photographic and other prints,". (c) JURISDICTION AND PROCEDURE OF COURT OF CUSTOMS AND PATENT APPEALS.—

(1) Chapter 93 of title 28, United States Code, is amended by adding after section 1543 the following new section: "The Court of Customs and Patent Appeals shall have jurisdiction to review, by appeal on questions of law only, findings of the Secretary of Commerce under headnote 6 to schedule 8, part 4, of the Tariff Schedules of the United States (relating to importation of instruments or apparatus)." (2) The table of sections at the beginning of such chapter is amended by adding at the end thereof the lollowing:
 * § 1544. Certain findings by Secretary of Commerce

62 Stat. 942. 28 USC 15411543.

Ante, p. 899.

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PUBLIC LAW 89-652-OCT. 14, 1966

[80

STAT.

"1544. Certain findings by Secretary of Commerce." 62 Stat. 980.

Ante. p. 899.

(3) Section 2602 of title 28, United States Code, is amended by adding at the end thereof the following new sentence: "Appeals from findings by the Secretary of Commerce provided for in headnote 6 to schedule 8, part 4, of the Tariff Schedules of the United States (19 U.S.C. sec. 1202) shall be given the precedence provided for in such headnote." SEC. 9. TARIFF ADJUSTMENT AND OTHER ADJUSTMENT ASSISTANCE.

Any duty-free treatment provided for in this Act shall, for purposes of title III of the Trade Expansion Act of 1962 (76 Stat. 883; 19 U.S.C. secs. 1901 to 1991), be treated as a concession granted under a trade agreement: Provided, That any action taken pursuant to section 351 of such Act as the result of this section shall be consistent with obligations of the United States under trade agreements. Approved October 14, 1966.

Public Law 89-652 October 14, 1966 [H. R. 5297]

Armed Forces. Revocation of retired pay, limitation. 70A Stat. 102.

10 USC 14011405.

10 USC 13311337.

AN ACT To amend title 10, United States Code, to limit the revocation of retired pay of members of the armed forces, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 1331 of title 10, United States Code, is amended by adding the following new subsection at the end thereof: " (d) The Secretary concerned shall provide for notifying each person who has completed the years of service required for eligibility for retired pay under this chapter. The notice must be sent, in writing, to .the person concerned within one year after he has completed that service." SEC. 2. Chapter 71 of title 10, United States Code, is amended as follows: (1) By adding the following new section at the end thereof: "§ 1406. Limitations on revocation of retired pay "After a person has been granted retired pay under chapter 67 of this title, or has been notified in accordance with section 1331(d) of this title that he has completed the years of service required for eligibility for retired pay under chapter 67 of this title, the person's eligibility for retired pay may not be denied or revoked on the basis of any error, miscalculation, misinformation, or administrative determination of years of service performed as required by section 1331 (a)(2) of this title, unless it resulted directly from the fraud or misrepresentation of the person. The number of years of creditable service upon which retired pay is computed may be adjusted to correct any error, miscalculation, misinformation, or administrative determination and when such a correction is made the person is entitled to retired pay in accordance with the number of years of creditable service, as corrected, from the date he is granted retired pay."; and (2) By adding the following new item at the end of the analysis: "1406. Limitations on revocation of retired pay."

SEC. 3. Notwithstanding section 1406 of title 10, United States Code, as added by this Act— (1) the granting of retired pay to a person under chapter 67 of that title is conclusive as to that person's entitlement to such pay only if the payment of that retired pay is begun after the effective date of this Act; and

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STAT.]

PUBLIC LAW 89-653-OCT. 14, 1966

903

(2) a notification that a person has completed the years of service required for eligibility for retired pay under chapter 67 of that title is conclusive as to the person's subsequent entitlement to such pay only if the notification is made after the effective date of this Act. Approved October 14, 1966. Public Law 89-653 AN ACT Authorizing the Secretary of Health, Education, and Welfare to make certain grants to the Menominee Indian people of Menominee County, Wisconsin, and for other purposes.

October 14, 1966 [H. R. 8034]

Be it enacted by the Senate and House of Representatives of 'the United States of America in Congress assembled, That in order to Menominee compensate the State of Wisconsin and its political subdivisions for Indians. Grants, extraordinary expenses occasioned by the termination of Federal supervision over the affairs of the Menominee Tribe of Indians by the Act 867. of June IT, 1954 (68 Stat. 250), as amended, there are hereby author- 74 Stat. 891. ized to be appropriated for the fiscal year ending June 30, 1967, and 25 USC for each of the three succeeding fiscal years and, when appropriated, to be paid by the Secretary of Health, Education, and Welfare to the State of Wisconsin— (a) on account of joint school district costs, $150,000 per annum; (b) on account of public welfare benefits (including administrative costs, public assistance, indigent medical care services, child welfare, veterans services, surplus commodities, general relief, and the services of State hospitals, mental institutions, and industrial schools), $100,000 per annum; and (c) on account of health and sanitation services (including hospitalization of the tubercular, employment of a public health nurse and a sanitary aide, immunization against communicable diseases, collection and disposal of garbage and refuse, and collection and recording of vital statistics), $100,000 per annum. The grants authorized by this section shall be made at such times, in such amounts and on such terms and conditions as the Secretary of Health, Education and Welfare deems appropriate. Payment of said sums, or any part of them, however, shall be conditioned on assurance by the State that its use thereof will supplement and w411 not replace or diminish State assistance that would otherwise be available for the purpose stated. The Secretary of Health, Education, and Welfare is authorized to issue such regulations as he may determine to be necessary to carry out the provisions of this section. SEC. 2. (a) The Surgeon General of the Public Health Service, Department or Health, Education, and Welfare, is authorized to complete the construction of sanitation facilities in Menominee County, Wisconsin, which construction was commenced by the Secretary of Health, Education, and Welfare pursuant to the authority contained in the Act of April 4, 1962 (76 Stat. 53). (b) There is hereby authorized to be appropriated the sum of Appropriation. $450,000 to carry out the provisions of this section. Approved October 14, 1966.

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 904

PUBLIC LAW 89-654-OCT. 14, 1966

[80 STAT.

Public Law 89-654 October 14, 1966 AN ACT [S.3433] To make it a criminal offense to steal, embezzle, or otherwise unlawfully take

property from a pipeline, and for other purposes.

Pipeline theft, ^^6^2 Stat.' 729.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assemMed^ That (a) the first paragraph of section 659 of title 18, United States Code, relating to theft, embezzlement, or other unlawful taking from interstate transportation facilities, is amended (1) by inserting before the word "railroad" the words "pipeline system,", (2) by inserting before the word "station" where it first appears the words "tank or storage facility,", and (3) by striking out the words "or express" and substituting a comma and the words "express, or other property". (b) The eighth paragraph of that section is amended by adding at the end thereof the following new sentence: "The removal of property from a pipeline system which extends interstate shall be prima facie evidence of the interstate character of the shipment of the property." (c) That section is further amended by adding at the end thereof the following new sentence: "Nothing contained in this section shall be construed as indicating an intent on the part of Congress to occupy the field in which provisions of th^s section operate to the exclusion of State laws on the same subject matter, nor shall any provision of this section be construed as invalidating any provision of State law unless such provision is inconsistent with any of the purposes of this section or any provision thereof." (d) The caption of that section is amended to read as follows: "§ 659. Interstate or foreign shipments by carrier; State prosecutions.". (e) The item relating to section 659 contained in the chapter analysis of chapter 31, title 18, United States Code, is amended to read as follows: "659. Interstate or foreign shipments by carriers; State prosecutions.".

63^stat^96^^^'

SEC. 2. (a) The first paragraph of section 2117 of title 18, United States Code, relating to break'ng the seal or lock on any railroad car, vessel, aircraft, motortruck, wagon, or vehicle containing interstate shipments, is amended by (1) striking out the comma after the word "vehicle" where it first appears, and inserting in lieu thereof the words "or of any pipeline system,"; (2) s t r k i n g out the comma after the word "express", and inserting in lieu thereof the words "or other property,"; and (3) inserting therein, immediately after the word "vehicle" where it appears the second time, the words "or pipeline system". (b) That section is further amended by adding at the end thereof the following new sentence: "Nothing contained m this section shall be construed as indicating an intent on the part of Congress to occupy the field in which provisions of this section operate to the exclusion of State laws on the same subject matter, nor shall any provision of this section be construed as invalidating any provision of State law unless such provision is inconsistent with any of the purposes of this section or any provision thereof." (c) The caption of that section is amended to read as follows: "§ 2117. Breaking or entering carrier facilities.". (d) The item relating to section 2117 contained in the chapter analysis of chapter 103, title 18, United States Code, is amended to read as follows: "2117. Breaking or entering carrier facilities.". Approved October 14, 1966.

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STAT.]

905

PUBLIC LAW 89.655-OCT. 14, 1966

Public Law 89-655 AN ACT To provide for the disposition of funds appropriated to pay a judgment in favor of the Quileute Tribe of Indians, including the Hoh Tribe, and for other purposes.

Be it ermcted by the Senate and House of Representatives of the United States of America in Congress assembled, That the unexpended balance of funds on deposit in the Treasury of the United States to the credit of the Quileute and Hoh Tribes that were appropriated by the Act of January 6, 1964 (77 Stat. 857), to pay a judgment by the Indian Claims Commission in docket numbered 155, and the interest thereon, after payment of attorney fees and expenses, shall be divided on the basis of tribal membership rolls for the respective groups after approval of such rolls by the Secretary of the Interior, and the funds so divided, including the interest thereon, may be advanced or expended for any purpose that is authorized by the respective tribal governing bodies and approved by the Secretary of the Interior: Provided, That until the Hoh Indians develop a formal organization with a recognized governing body, their share of the judgment funds, and any other Hoh tribal funds, may be expended by the Secretary for the benefit of the Hoh Reservation and the Hoh tribal members, upon approval by him of plans adopted by a majority of the adult Hoh Indians voting at a general meeting of the tribal membership called by the Secretary. SEC. 2. The Secretary of the Interior shall prepare membership rolls for the Quileute and Hoh Tribes. No person shall be eligible to have his name placed on either membership roll who at the same time is a member of any other tribe, and no person shall be permitted to be enrolled in both the Quileute and Hoh Tribes: Provided, That persons eligible for enrollment or already enrolled with other tribes may relinquish that membership through filing a formal statement of relinquishment with the Secretary according to rules and regulations which he may prescribe. SEC. 3. When preparing a Quileute tribal roll, the Secretary shall employ the criteria in article II of the approved constitution and bylaws of the Quileute Tribe of the Quileute Reservation, except that, in the absence of the 1935 census referred to in article II, section 1(a) of the constitution and bylaws, the Secretary, with the assistance of the governing body of the Quileute Tribe, shall construct a base roll from pertinent records, including other census data, of the same period. No person shall be eligible to have his name placed thereon if born after December 31, 1940. Upon iipproval of such base roll by the Secretary and the Quileute tribaLgoverning body, it shall henceforth serve as the Quileute base roll for all purposes, the provisions of article II, section 1(a) notwithstanding. SEC. 4. When preparing a Hoh tribal base roll, the Secretary shall include only the names of applicants who demonstrate that their names or the names of lineal ancestors from whom they are descended appear on the Census of the Hoh Indians of Neah Bay Agency, Washington, June 30, 1894. Upon approval by the Secretary, such roll shall henceforth serve as the Hoh base roll for all purposes. SEC. 5. Upon completion of a Hoh oase roll in accordance with section 4 of this Act, the Secretary shall assist the Hoh Indians in developing a tribal organizational document and shall call an election for the purpose of voting on the adoption of such document. SEC. 6. The Secretary is authorized to advance or expend, as provided in section 1 of this Act, the Hoh tribal funds now on deposit, or hereafter placed on deposit, in the Treasury of the United States under the following symbols and titles:

October 14, 1966

[H. R. IO633]

Quileute and Hoh Indian Tribes. Judgment funds.

Membership rolls, eligibility.

Quileute Tribe.

Hoh Tribe,

Tribal organizational docu-

Expenditures.

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 906

Income emption. Rules and regulations.

PUBLIC LAW 89-656-OCT. 14, 1966

[80

STAT.

14X7235 Proceeds of Labor, Hoh Indians, Washington; 14X7735 Interest and Accruals on Interest, Proceeds of Labor, Hoh Indians, Washington. SEC. 7. Any part of the funds that may be distributed to individual members of the Quileute and Hoh Tribes under the provisions of this Act shall not be subject to Federal or State income taxes. SEC. 8. The Secretary of the Interior is authorized to prescribe rules and regulations to carry out the provisions of this Act. Approved October 14, 1966. Public Law 89-656

October 14, 1966 [H. R. 12437]

Nooksack Tribe of Indians. Judgment funds.

79 Stat. 8 1.

Income tax exemption. R u l e s and regulations.

AN ACT To provide for the disposition of funds appropriated to pay a judgment in favor of the Nooksack Tribe of Indians, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Interior shall prepare a roll of all persons who meet the following requirements for eligibility: (a) They were b o m on or prior to and were living on the date of this Act, and (b^ they are descendants of members of the Nooksack Tribe as it existed m 1855. Applications for enrollment must be filed with the area director of the Bureau of Indian Affairs, Portland, Oregon, on forms prescribed for that purpose. The determination of the Secretary regarding the utilization of avaihible rolls or records and the eligioility for enrollment of an applicant shall be final. SEC. 2. After the deduction of attorney fees, litigation expenses, the costs of roll preparation, and such sums as may be required to distribute individual shares, the funds, including interest, remaining to the credit of the Nooksack Tribe, which were appropriated by the Act of April 30, 1965 (Public Law 89-16), shall be distributed in equal shares to those persons whose names appear on the roll prepared in accordance with section 1 of this Act. SEC. 3. The Secretary shall distribute a share payable to a living enrollee directly to such enrollee or in such manner as is deemed by the Secretary to be in the enrollee's best interest. The Secretary shall distribute the per capita share of a deceased enrollee to his heirs or legatees upon proof of death and inheritance satisfactory to the Secretary whose findings upon such proof shall be final and conclusive. Sums payable to enrollees or their heirs or legatees who are less than twenty-one years of age or who are under a legal disability shall be paid to the persons whom the Secretary determines will best protect their interests. Proportional shares of heirs or legatees amounting to $5 or less shall not be distributed and shall remain to the credit of the Nooksack Tribe. Any sum of money remaining to the credit of the Nooksack Tribe as a result of this judgment, three years after the date of this Act, shall escheat to the United States and shall be deposited in the Treasury of the United States in miscellaneous receipts. SEC. 4. The funds distributed under the provisions of this Act shall not be subject to Federal or State income taxes. SEC. 5. The Secretary of the Interior is authorized to prescribe rules and regulations to carry out the provisions of this Act. Approved October 14, 1966.

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 80 STAT. ]

PUBLIC LAW 89-657-OCT. 14, 1966

907

Public Law 89-657 AN ACT

October 14, 1966

To amend certain provisions of existing law concerning the relationship of the Environmental Science Services Administration to the Army and Navy so they will apply with similar effect to the Air Force.

[H. R. 722]

Be it enacted by the Senate and House of Representatives of the Environmental United States of America in Congress assembled, That section 16 of Science Services the Act of May 22, 1917, chapter 20, as amended (33 U.S.C. 855, Admi'nrstra'tion 858), is amended as follows: enc"°ris^frr^'^' (1) The first paragraph (33 U.S.C. 855) is amended to read as autho^riz^orr^' follows:

40 Stat. 87.

'"The President is authorized, whenever in his judgment a sufficient national emergency exists, to transfer to the service and jurisdiction of a military department such vessels, equipment, stations, and commissioned officers of the Environmental Science Services Administration as he may deem to the best interest of the country, and after such transfer all expenses connected therewith shall be defraj^ed out of the appropriations for the department to which transfer is made: Provided, That such vessels, equipment, stations, and commissioned officers shall be returned to the Environmental Science Services Administration when such national emergency ceases, in the opinion of the President, and nothing in this section shall be construed as transferring the Environmental Science Services Administration or any of its functions from the Department of Commerce except in time of national emergency and to the extent herein provided: Provided further, That any of the commissioned officers of the Environmental Science Services Administration who may be transferred as provided in this section, shall, while under the jurisdiction of a military department, have proper military status and shall be subject to the laws, regulations, and orders for the government of the Army, Navy, or Air Force, as the case may be, insofar as the same may be applicable to persons whose retention permanently in the military service of the United States is not contemplated by law." (2) The last paragraph (33 U.S.C. 858) is amended to read as follows: "The Secretary of Defense and the Secretary of Commerce shall J°int reguiajointly prescribe regulations governing the duties to be performed by ^""^^ ^" °"*^' the Environmental Science Services Administration in time of war, and for the cooperation of that service with the military departments in time of peace in preparation for its duties in war, which regulations shall not be effective unless approved by each of those Secretaries, and included therein may be rules and regulations for making reports and communications between a military department and the Environmental Science Services Administration." SEC. 2. Section 10 of the Act of January 19, 1942, chapter 6, as amended (33 U.S.C. 868a), is amended to read as follows: se Stat. s. "Commissioned officers, ships' officers, and members of the crews of Purchase of vessels of the Environmental Science Services Administration shall be supplies. permitted to purchase commissary and quartermaster supplies as far as available from the Army, Navy, Air Force, or Marine Corps at the prices charged officers and enlisted men of those services." SEC. 3. Section 1 of the Act of December 3, 1942, chapter 670, as amended (33 U.S.C. 854a-l), is amended to read as follows: ^6 Stat. loss. "Personnel of the Environmental Science Services Administration motions; limitaTemporary pro shall be subject in like manner and to the same extent as personnel tions. of the Navy to all laws authorizing temporary appointment or advance-

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PUBLIC LAW 89-658-OCT. 14, 1966

Ante, p. 907.

[ 80 STAT.

ment of commissioned officers in time of war or national emergency subject to the following limitations: "(1) Commissioned officers in the service of a military department, under the provisions of section 16 of the Act of M a j 22, 1917 (40 Stat. 87), as amended, may, upon the recommendation of the Secretary of the military department concerned, be temporarily promoted to higher ranks or grades. " (2) Commissioned officers in the service of the Environmental Science Services Administration may be temporarily promoted to fill vacancies in ranks and grades caused by the transfer of commissioned officers to the service and jurisdiction of a military department under the provisions of section 16 of the Act of May 22, 1917 (40 Stat. 87), as amended. "(3) Temporary appointments may be rilade in all grades to which original appointments in the Environmental Science Services Administration are authorized: Provided, That the number of officers holding temporary appointments shall not exceed the number of officers transferred to a military department under the provisions of section 16 of the Act of May 22, 1917 (40 Stat. 87), as amended." Approved October 14, 1966. Public Law 89-658

October 14, 1966

^^' ^^^^]

AN ACT

To establish a contiguous fishery zone beyond the territorial sea of the United States.

Be if enacted by the Senate and House of Representatives of the Fisheries zone United States of America in Congress assembled, That there is esu°.s*.'^terr"itoliai tablished a fisheries zone contiguous to the territorial sea of the United sea. States. The United States will exercise the same exclusive rights Establishment. in respect to fisheries in the zone as it has in its territorial sea, subject to the continuation of traditional fishing by foreign states within this zone as may be recognized by the United States. SEC. 2. The fisheries zone has as its inner boundary the outer limits of the territorial sea and as its seaward boundary a line drawn so that each point on the line is nine nautical miles from the nearest point in the inner boundary. SEC. 3. Whenever the President determines that a portion of the fisheries zone conflicts with the territorial waters or fisheries zone of Seaward bound- auothcr couutry, he may establish a seaward^boundary for such portion ary of the zone in substitution for the seaward boundary described in section 2. SEC. 4. Nothing in this Act shall be construed as extending the jurisdiction of the States to the natural resources beneath and in the waters within the fisheries zone established by this Act or as diminishing their jurisdiction to such resources beneath and in the waters of the territorial seas of the United States. Approved October 14, 1966.

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PUBLIC LAW 89-659-OCT. 14, 1966

909

Public Law 89-659 AN ACT To provide for the disposition of funds appropriated to pay judgments in favor of the Miami Indians of Indiana and Oklahoma, and for other purix)ses.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Interior shall take the necessary steps to provide for the distribution and use of the money appropriated to the Miami Indians of Indiana and Oklahoma in satisfaction of judgments awarded by the Indian Claims Commission in dockets numbered 67 and 124, 124-A, and 251 as hereinafter provided. SEC. 2. The funds on deposit in the Treasury of the United States to the credit of the Miami Tribe of Oklahoma that were appropriated by the Act of September 30, 1961 (75 Stat. 747), to pay a judgment by the Indian Claims Commission in docket numbered 251, together with the interest thereon, after payment of attorney fees and expenses, shall be advanced or expended in accordance with plans adopted by the governing body of the Miami Tribe of Oklahoma and approved by the Secretary of the Interior. The persons entitled to share in any per capita payment authorized by the governing body and approved by the Secretary shall be all individuals who are enrolled members of the Miami Tribe of Oklahoma, as organized under the Oklahoma Welfare Act (49 Stat. 1967). SEC. 3. For the purpose of determining entitlement to the judgment awarded in Indian Claims Commission docket numbered 124-A to the Miami Indians of Indiana and appropriated by the Act of September 30, 1961 (75 Stat. 747), the Secretary shall prepare a roll of all persons of Miami Indian ancestry who meet the following requirements for eligibility: (a) They were born on or prior to, and living on, the date of this Act; and (b) Their name or the name of an ancestor from whom they claim eligibility appears on the roll of Miami Indians of Indiana of June 12, 1895, or the roll of "Miami Indians of Indiana, now living in Kansas, Quapaw Agency, I.T., and Oklahoma Territory," prepared and completed pursuant to the Act of March 2, 1895 (28 Stat. 903), or the roll of the Eel River Miami Tribe of Indians of May 27, 1889, prepared and completed pursuant to the Act of June 29, 1888 (25 Stat. 223). No person whose name appears on the current tribal roll of the Miami Tribe of Oklahoma shall be eligible to be enrolled under this section. SEC. 4. For the purpose of determining entitlement to the judgment awarded in Indian Claims Commission dockets numbered 67 and 124 and appropriated by the Act of May 17, 1963 (77 Stat. 43), the Secretary of the Interior shall prepare a roll of all persons of Miami Indian ancestry who meet the following requirements for eligibility: (a) They were born on or prior to, and living on, the date of this Act; and (b) Their name or the name of an ancestor from whom they claim eligibility appears on any of the rolls cited in section 3(b) of this Act, or on the roll of the Western Miami Tribe of Indians of June 12, 1891, prepared and completed pursuant to the Act of March 3, 1891 (26 Stat. 1000). SEC. 5. Applications for enrollment must be filed with the area director of the Bureau of Indian Affairs, Muskogee, Oklahoma, on forms prescribed for that purpose. The determination of the Secretary regarding the eligibility of an applicant shall be final. SEC. 6. The funds on deposit in the Treasury of the United States to the credit of the Miami Indians of Indiana that were appropriated 65-300 0-67—60

October 14, 1966 [H. R. 7466]

Miami Indians of Indiana and Oklahoma. Judgment funds.

Expenditure of funds.

25 USC 501-509, Miami Indian ancestry rolls.

Enrollment applications.

Distribution of funds.

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Payment pro-

Reserve funds for e x p e n s e s.

Income tax exemption.

Rules and regulations.

PUBLIC LAW 89-660-OCT. 14, 1966

[80

STAT.

by the Act of September 30, 1961 (75 Stat. 747), to pay a judgment in Indian Claims Commission docket numbered 124-A, and the interest thereon, after payment of attorney fees and expenses, shall be distributed to the individuals whose names appear on the roll prepared pursuant to section 3, and in accordance with the instructions contained in sections 8 and 9, of this Act. SEC. 7. The funds on deposit in the Treasury of the United States to the credit of the "Miami Tribe of Oklahoma" that were appropriated by the Act of May 17, 1963 (77 Stat. 43), to pay a judgment in Indian Claims Commission dockets numbered 67 and 124, and the interest thereon, after payment of attorney fees and expenses, shall be distributed to the persons whose names appear on the roll prepared pursuant to section 4, and in accordance with the instructions contained in sections 8 and 9, of this Act. SEC. 8. (a) Except as provided in subsection (b) of this section, the Secretary shall distribute a per capita share payable to a living enrollee directly to such enrollee, and the Secretary snail distribute a per capita share payable to a deceased enrollee directly to his heirs or legatees upon proof of death and inheritance satisfactory to the Secretary, whose findings upon such proof shall be final and conclusive. (b) A share payable to a person under twenty-one years of age or to a person under legal disability shall be paid in accordance with such procedures as the Secretary determines will adequately protect the best interests of such persons. SEC. 9. (a) Prior to making any distribution of the funds credited to the Miami Tribe or Nation and the Miami Tribe of Indiana or approving any expenditures of the funds credited to the Miami Tribe of Oklahoma, pursuant to this Act, the Secretary is authorized to reserve in the Treasury of the United States a part of such funds sufficient, in his judgment, to meet the litigation expenses, exclusive of attorney fees, of the remaining cases which each has pending before the Indian Claims Commission. (b) The funds reserved shall be available for appropriate withdrawal by the Secretary. SEC. 10. The funds distributed under the provisions of this Act shall not be subject to Federal or State income taxes, and any costs incurred by the Secretary in the preparation of the rolls and in the distribution of per capita shares in accordance with the provisions of this Act shall be paid by appropriate withdrawals from the judgment funds. SEC. 11. The Secretary of the Interior is authorized to prescribe rules and regulations to carry out the provisions of this Act. Approved October 14, 1966. Public Law 89-660

October 14, 1966 [H. R. 10747]

Duwamish Tribe of Indians. Judgment funds.

AN ACT To provide for the disposition of funds appropriated to pay a judgment in favor of the Duwamish Tribe of Indians in Indian Claims Commission docket numbered 109, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Interior shall prepare a roll of all persons who meet the following requirements for eligibility: (a) They were born on or prior to and living on date of this Act, and (b) they are descendants of members of the Duwamish Tribe as it existed in 1855. Applications for enrollment must be filed with the area director of the Bureau of Indian

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 80 STAT.]

PUBLIC LAW 8 9 - 6 6 1 - O C T. 14, 1966

AffairSj Portland, Oregon, on forms prescribed for that purpose. The determination of the Secretary regarding the utilization of available rolls or records and the eligibility for enrollment of an applicant shall be final. SEC. 2. After the deduction of attorney fees, litigation expenses, the costs of roll preparation, and such sums as may be required to distribute individual snares, the funds, including interest, remaining to the credit of the Duwamish Tribe, which were appropriated by the Act of June 9, 1964 (78 Stat. 213), shall be distributed in equal shares to those persons whose names appear on the roll prepared in accordance with section 1 of this Act. SEC. 3. The Secretary shall distribute a share payable to a living enrollee directly to such enrollee or in such manner as is deemed by the Secretary to be in the enrollee's best interest. The Secretary shall distribute the per capita share of a deceased enrollee to his heirs or legatees upon proof of death and inheritance satisfactory to the Secretary whose findings upon such proof shall be final and conclusive. Sums payable to enrollees or their heirs or legatees who are less than twenty-one years of age or who are under a legal disability shall be paid to the persons whom the Secretary determines will best protect their interests. Proportional shares of heirs or legatees amounting to $5 or less shall not be distributed, and shall escheat to the United States. I n the event that the sum of money reserved by the Secretary to pay the costs of distributing the individual shares exceeds the amount actually necessary to accomplish this purpose, such funds shall also escheat to the United States. SEC. 4. The funds distributed under the provisions of this Act shall not be subject to Federal or State income taxes. SEC. 5. The Secretary of the Interior is authorized to prescribe rules and regulations to carry out the provisions of this Act. Approved October 14, 1966.

911

.^'i"^^ ^_^"^

income tax exemp ion. ^"^^^ ^"'^ "^^s"lations.

Public Law 89-661 AN ACT

October 14, 1966

To provide for the disposition of funds appropriated to pay a judgment in favor of the Otoe and Missouria Tribe of Indians, and for other purposes.

[H. R. IO674]

Be it enacted by the Senate mid Hou-ne of Representatives of the United States of America m Congress assembled, That the unexpended °*°^ ^^^ ^'^^balance of funds on deposit in the Treasury of the United States to ind^aL." the credit of the Otoe and Missouria Tribe of Indians that were appro- Judgment funds. priated by the Act of June 9, 1964, to pay a judgment by the Indian 78 Stat. 204. Claims Commission in docket numbered 11-A, and the interest thereon, less payment of attorney fees and expenses, may be advanced or expended for any purpose that is authorized by the tribal governing body and approved by the Secretary of the Interior, Any part of ^ J"^°H^„*^'' exemption. such funds that may be distributed to "the members of the tribe shall """" '"" not be subject to Federal or State income taxes. The sum of $150,000, and any accrued interest thereon, shall be held in the United States Treasury pending final determination of the Yankton Sioux claim m docket numbered 332-A. Any portion of such sum that is determined to belong to the Otoe and Missouria Tribe shall thereupon become subject to the foregoing provisions of this Act. Approved October 14, 1966.

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PUBLIC LAW 89-662-OCT. 14, 1966

[80 STAT.

Public Law 89-662 October 14, 1966

-^N ACT

^^' ^"^^^

Coast Guard. Navigation aids.

68 Stat. 1237.

7 2 Stat. 731. 70A sta^^456;

To improve the aids to navigation services of the Coast Guard.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That section 81 .

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01 title 14, United btates Code, is amended to read as tollows: "§ 81. Aids to navigation authorized "In order to aid navigation and to prevent disasters, collisions, and wrecks of vessels and aircraft, the Coast Guard may establish, maintain, and operate: "(1) aids to maritime navigation required to serve the needs of the armed forces or of the commerce of the United States; "(2) aids to air navigation required to serve the needs of the armed forces of the United States peculiar to warfare and primarily of military concern as determined by the Secretary of Defense ot the Secretary of any department within the Department of Defense and as requested by any of those officials; and " (3) electronic aids to navigation systems (a) required to serve the needs of the armed forces of the United States peculiar to warfare and primarily of military concern as determined by the Secretary of Defense or any department within the Department of Defense; or (b) required to serve the needs of the maritime commerce of the United States; or (c) required to serve the needs of the air commerce of the United States as requested by the Administrator of the Federal Aviation Agency. These aids to navigation other than electronic aids to navigation systems shall be established and operated only within the United States, the waters above the Continental Shelf, the territories and possessions of the United States, the Trust Territory of the Pacific Islands, and beyond the territorial jurisdiction of the United States at places where naval or military bases of the United States are or may be located." SEC. 2. Section 82 of title 14, United States Code, is amended to read as follows: "§82. Cooperation with Administrator of the Federal Aviation Agency "The Coast Guard, in establishing, maintaining, or operating any aids to air navigation herein provided, shall solicit the cooperation of the Administrator of the Federal Aviation Agency to the end that the personnel and facilities of the Federal Aviation Agency will be utilized to the fullest possible advantage. Before locating and operating any such aid on military or naval bases or regions, the consent of the Secretary of the Army, the Secretary of the Navy, or the Secretary of the Air Force, as the case may be, shall first be obtained. No such aid shall be located within the territorial jurisdiction of any foreign country without the consent of the government thereof. Nothing in this title shall be deemed to limit the authority granted by tj^g Federal Aviation Act of 1958, as amended (ch. 20 of title 49), or by the provisions of sections 7392 and 7394 of title 10." Approved October 14, 1966.

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 80 STAT.]

PUBLIC LAW 8 9 - 6 6 4 - O C T. 15, 1966

913

Public Law 89-663 AN ACT

October 14, 1966

To provide for the disposition of judgment funds on deposit to the credit of the Skokomish Tribe of Indians.

[H. R. 3596]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the unexpended balance of funds on deposit in the Treasury of the United States to the credit of the Skokomish Tribe of Indians that were appropriated by the Act of January 6, 1964 (77 Stat. 857), to pay a judgment granted by the Indian Claims Commission in docket numbered 296 and the interest thereon, less litigation expenses, may be advanced or expended for any purpose that is authorized by the Skokomish tribal governing body and approved by the Secretary of the Interior. Any part of such funds that may be distributed to the members of the tribe shall not be subject to the Federal or State income tax. Approved October 14, 1966.

Skokomish Tribe of Indians. Judgment funds.

Income tax exemption.

Public Law 89-664 AN ACT To provide for the establishment of the Bighorn Canyon National Recreation Area, 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) in order to provide for public outdoor recreation use and enjoyment of the proposed Yellowtail Reservoir and lands adjacent thereto in the States of Wyoming and Montana by the people of the United States and for preservation of the scenic, scientific, and historic features contributing to public enjoyment of such lands and waters, there is hereby established the Bighorn Canyon National Recreation Area to comprise the area generally depicted on the drawing entitled "Proposed Bighorn Canyon National Recreation Area", LNPMW-OIOA-BC, November 1964, which is on file in the Office of the National P a r k Service, Department of the Interior. (b) As soon as practicable after approval of this Act, the Secretary of the Interior shall publish in the Federal Register a detailed description of the boundaries of the area which shall encompass, to the extent practicable, the lands and waters shown on the drawing referred to in subsection (a) of this section. The Secretary may subsequently make adjustments in the boundary of the area, subject to the provisions of subsection 2(b) of this Act, by publication of an amended description in the Federal Register. SEC. 2. (a) The Secretary is authorized to acquire by donation, purchase with donated or appropriated funds, exchange, or otherwise, lands and interests in lands within the boundaries of the area. The Secretary is further authorized to acquire, by any of the above methods, not to exceed ten acres of land or interests therein outside of the boundaries of the area in the vicinity of Lovell, Wyoming, for development and use, pursuant to such special regulations as he may promulgate, as a visitor contact station and administrative site. I n the exercise of his exchange authority the Secretary may accept title to any non-Federal property within the area and convey in exchange therefor any federally owned property under his jurisdiction in the States of Montana and Wyoming which he classifies as suitable for exchange or other disposal, notwithstanding any other provision of law. Property so exchanged shall be approximately equal in fair market value:

October IS, 1966 [S. 491]

Bighorn Canyon National Recreation Area, establishment.

Boundaries. Publication in Federal Register.

Acquisition of land.

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 914

Crow Indian tribal lands.

Recreational facilities.

"Shoreline.

Administration.

Hunting, fishing areas.

72 Stat. 363,

Appropriation.

PUBLIC LAW 89-664-OCT. 15, 1966

[80

STAT.

Provided, That the Secretary may accept cash from, or pay cash to, the grantor in such an exchange in order to equalize the values of the properties exchanged. Any property or interest therein owned by the State of Montana or the State of Wyoming or any political subdivision thereof within the recreation area may be acquired only by donation or exchange. (b) No part of the tribal mountain lands or any other lands of the Crow Indian Tribe of Montana shall be included within the recreation area unless requested by the council of the tribe. The Indian lands so included may be developed and administered in accordance with the laws and rules applicable to the recreation area, subject to any limitation specified by the tribal council and approved by the Secretary. (c)(1) Notwithstanding any other provisions of this Act or of any other law, the Crow Indian Tribe shall be permitted to develop and operate water-based recreational facilities, including landing ramps, boathouses, and fishing facilities, along that part of the shoreline of Yellowtail Reservoir which is adjacent to lands comprising the Crow Indian Resefvaticfn. Any such part so developed shall be administered in accordance with the laws and rules applicable to the recreation area, subject to any limitations specified by the tribal council and approved by the Secretary. Any revenues resulting from the operation of such facilities may be retained by the Crow Indian Tribe. (2) As used in this subsection, the term "shoreline" means that land which borders both Yellowtail Reservoir and the exterior boundary of the Crow Indian Reservation, together with that part of the reservoir necessary to the development of the facilities referred to in this subsection. SEC. 3. (a) The Secretary shall coordinate administration of the recreation area with the other purposes of the Yellowtail Reservoir project so that it will in his judgment best provide (1) for public outdoor recreation benefits, (2) for conservation of scenic, scientific, historic, and other values contributing to public enjoyment and (3) for management, utilization, and disposal of renewable natural resources in a manner that promotes, or is compatible with, and does not significantly impair, public recreation and conservation of scenic, scientific, historic, or other values contributing to public enjoyment. (b) I n the administration of the area for the purposes of this Act, the Secretary may utilize such statutory authorities relating to areas administered and supervised by the Secretary through the National P a r k Service and such statutory authorities otherwise available to him for the conservation and management of natural resources as he deems appropriate to carry out the purposes of this Act. SEC. 4. The Secretary shall permit hunting and fishing on lands and waters under his jurisdiction within the recreation area in accordance with the appropriate laws of the United States and of the States of Montana or Wyoming to the extent applicable, except that the Secretary may designate zones where, and establish periods when, no hunting or fishing shall be permitted for reasons of public safety, administration, fish or wildlife management, or public use and enjoyment, and except that nothing in this section shall impair the rights under other law of the Crow Tribe and its members to hunt and fish on lands of the Crow Tribe that are included in the recreation area, or the rights of the members of the Crow Tribe to hunt and fish under section 2(d) of the Act of July 15, 1958. Except in emergencies, any regulations of the Secretary pursuant to this section shall be put into effect only after consultation with the Montana Fish and Game Department or the Wyoming Game and Fish Commission. SEC. 5. There is hereby authorized to be appropriated not more than $355,000 for the acquisition of land and interests in land pursuant to this Act. Approved October 15, 1966.

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

The Congress finds and declares—

 * (a) that the spirit and direction of the Nation are founded upon and reflected in its historic past;
 * (b) that the historical and cultural foundations of the Nation should be preserved as a living part of our community life and development in order to give a sense of orientation to the American people;
 * (c) that, in the face of ever-increasing extensions of urban centers, highways, and residential, commercial, and industrial developments, the present governmental and nongovernmental historic preservation programs and activities are inadequate to insure future generations a genuine opportunity to appreciate and enjoy the rich heritage of our Nation; and
 * (d) that, although the major burdens of historic preservation have been borne and major efforts initiated by private agencies and individuals, and both should continue to play a vital role, it is nevertheless necessary and appropriate for the Federal Government to accelerate its historic preservation programs and activities, to give maximum encouragement to agencies and individuals undertaking preservation by private means, and to assist State and local governments and the National Trust for Historic Preservation in the United States to expand and accelerate their historic preservation programs and activities.

101. (a) The Secretary of the Interior is authorized—
 * (1) to expand and maintain a national register of districts, sites, buildings, structures, and objects significant in American history, architecture, archeology, and culture, hereinafter referred to as the National Register, and to grant funds to States for the purpose of preparing comprehensive statewide historic surveys and plans, in accordance with criteria established by the Secretary, for the preservation, acquisition, and development of such properties;
 * (2) to establish a program of matching grants-in-aid to States for projects having as their purpose the preservation for public benefit of properties that are significant in American history, architecture, archeology, and culture; and
 * (3) to establish a program of matching grant-in-aid to the National Trust for Historic Preservation in the United States, chartered by act of Congress approved October 26, 1949 (63 Stat. 927), as amended, for the purpose of carrying out the responsibilities of the National Trust.

(b) As used in this Act—

(1) The term “State” includes, in addition to the several States of the Union, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, and American Samoa.

(2) The term “project” means programs of State and local governments and other public bodies and private organizations and individuals for the acquisition of title or interests in, and for the


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   of, any district, site, building, structure, or object that is significant in American history, architecture, archeology, and culture, or property used in connection therewith, and for its development in order to assure the preservation for public benefit of any such historical properties.

(3) The term “historic preservation” includes the protection, rehabilitation, restoration, and reconstruction of districts, sites, buildings, structures, and objects significant in American history, architecture, archeology, or culture.

(4) The term “Secretary” means the Secretary of the Interior.

102. (a) No grant may be made under this Act—
 * (1) unless application therefor is submitted to the Secretary in accordance with regulations and procedures prescribed by him;
 * (2) unless the application is in accordance with the comprehensive statewide historic preservation plan which has been approved by the Secretary after considering its relationship to the comprehensive statewide outdoor recreation plan prepared pursuant to the Land and Water Conservation Fund Act of 1965 (78 Stat. 897);
 * (3) for more than 50 per centum of the total cost involved, as determined by the Secretary and his determination shall be final;
 * (4) unless the grantee has agreed to make such reports, in such form and containing such information as the Secretary may from time to time require;
 * (5) unless the grantee has agreed to assume, after completion of the project, the total cost of the continued maintenance, repair, and administration of the property in a manner satisfactory to the Secretary; and
 * (6) until the grantee has complied with such further terms and conditions as the Secretary may deem necessary or advisable.

(b) The Secretary may in his discretion waive the requirements of subsection (a), paragraphs (2) and (5) of this section for any grant under this Act to the National Trust for Historic Preservation in the United States, in which case a grant to the National Trust may include funds for the maintenance, repair, and administration of the property in a manner satisfactory to the Secretary.

(c) No State shall be permitted to utilize the value of real property obtained before the date of approval of this Act in meeting the remaining cost of a project for which a grant is made under this Act.

103. (a) The amounts appropriated and made available for grants to the States for comprehensive statewide historic surveys and plans under this Act shall be apportioned among the States by the Secretary on the basis of needs as determined by him: Provided, however, That the amount granted to any one State shall not exceed 50 per centum of the total cost of the comprehensive statewide historic survey and plan for that State, as determined by the Secretary.

(b) The amounts appropriated and made available for grants to the States for projects under this Act for each fiscal year shall be apportioned among the States by the Secretary in accordance with needs as disclosed in approved statewide historic preservation plans.

The Secretary shall notify each State of its apportionment, and the amounts thereof shall be available thereafter for payment to such State for projects in accordance with the provisions of this Act. Any amount of any apportionment that has not been paid or obligated by the Secretary during the fiscal year in which such notification is given, and for two fiscal years thereafter, shall be reapportioned by the Secretary in accordance with this subsection.


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   104. (a) No grant may be made by the Secretary for or on account of any survey or project under this Act with respect to which financial assistance has been given or promised under any other Federal program or activity, and no financial assistance may be given under any other Federal program or activity for or on account of any survey or project with respect to which assistance has been given or promised under this Act.

(b) In order to assure consistency in policies and actions under this Act with other related Federal programs and activities, and to assure coordination of the planning acquisition, and development assistance to States under this Act with other related Federal programs, and activities, the President may issue such regulations with respect thereto as he deems desirable, and such assistance may be provided only in accordance with such regulations.

105. The beneficiary of assistance under this Act shall keep such records as the Secretary shall prescribe, including records which fully disclose the disposition by the beneficiary of the proceeds of such assistance, the total cost of the project or undertaking in connection with which such assistance is given or used, and the amount and nature of that portion of the cost of the project or undertaking supplied by other sources, and such other records as will facilitate an effective audit.

106. The head of any Federal agency having direct or indirect jurisdiction over a proposed Federal or federally assisted undertaking in any State and the head of any Federal department or independent agency having authority to license any undertaking shall, prior to the approval of the expenditure of any Federal funds on the undertaking or prior to the issuance of any license, as the case may be, take into account the effect of the undertaking on any district, site, building, structure, or object that is included in the National Register. The head of any such Federal agency shall afford the Advisory Council on Historic Preservation established under a reasonable opportunity to comment with regard to such undertaking.

107. Nothing in this Act shall be construed to be applicable to the White House and its grounds, the Supreme Court building and its grounds, or the United States Capitol and its related buildings and grounds.

108. There are authorized to be appropriated not to exceed $2,000,000 to carry out the provisions of this Act for the fiscal year 1967, and not more than $10,000,000 for each of the three succeeding fiscal years. Such appropriations shall be available for the financial assistance authorized by this title and for the administrative expenses of the Secretary in connection therewith, and shall remain available until expended.

201. (a) There is established an Advisory Council on Historic Preservation (hereinafter referred to as the “Council”) which shall be composed of seventeen members as follows:
 * (1) The Secretary of the Interior.
 * (2) The Secretary of Housing and Urban Development.
 * (3) The Secretary of Commerce.
 * (4) The Administrator of the General Services Administration.
 * (5) The Secretary of the Treasury.
 * (6) The Attorney General.
 * (7) The Chairman of the National Trust for Historic Preservation.


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  :(8) Ten appointed by the President from outside the Federal Government. In making these appointments, the President shall give due consideration to the selection of officers of State and local governments and individuals who are significantly interested and experienced in the matters to be considered by the Council.

(b) Each member of the Council specified in paragraphs (1) through (6) of subsection (a) may designate another officer of his department or agency to serve on the Council in his stead.

(c) Each member of the Council appointed under paragraph (8) of subsection (a) shall serve for a term of five years from the expiration of his predecessor’s term; except that the members first appointed under that paragraph shall serve for terms of from one to five years, as designated by the President at the time of appointment, in such manner as to insure that the terms of not less than one nor more than two of them will expire in any one year.

(d) A vacancy in the Council shall not affect its powers, but shall be filled in the same manner as the original appointment (and for the balance of the unexpired term).

(e) The Chairman of the Council shall be designated by the President.

(f) Eight members of the Council shall constitute a quorum.

202. (a) The Council shall—
 * (1) advise the President and the Congress on matters relating to historic preservation; recommend measures to coordinate activities of Federal, State, and local agencies and private institutions and individuals relating to historic preservation; and advise on the dissemination of information pertaining to such activities;
 * (2) encourage, in cooperation with the National Trust for Historic Preservation and appropriate private agencies, public interest and participation in historic preservation;
 * (3) recommend the conduct of studies in such areas as the adequacy of legislative and administrative statutes and regulations pertaining to historic preservation activities of State and local governments and the effects of tax policies at all levels of government on historic preservation;
 * (4) advise as to guidelines for the assistance of State and local governments in drafting legislation relating to historic preservation; and
 * (5) encourage, in cooperation with appropriate public and private agencies and institutions, training and education in the field of historic preservation.

(b) The Council shall submit annually a comprehensive report of its activities and the results of its studies to the President and the Congress and shall from time to time submit such additional and special reports as it deems advisable. Each report shall propose such legislative enactments and other actions as, in the judgment of the Council, are necessary and appropriate to carry out its recommendations.

203. The Council is authorized to secure directly from any department, bureau, agency, board, commission, office, independent establishment or instrumentality of the executive branch of the Federal Government information, suggestions, estimates, and statistics for the purpose of this title; and each such department, bureau, agency, board, commission, office, independent establishment or instrumentality is authorized to furnish such information, suggestions, estimates, and statistics to the extent permitted by law and within available funds.

204. The members of the Council specified in paragraphs (1) through (7) of section 201(a) shall serve without additional


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 . The members of the Council appointed under paragraph (8) of section 201(a) shall receive $100 per diem when engaged in the performance of the duties of the Council. All members of the Council shall receive reimbursement for necessary traveling and subsistence expenses incurred by them in the performance of the duties of the Council.

205. (a) The Director of the National Park Service or his designee shall be the Executive Director of the Council. Financial and administrative services (including those related to budgeting, accounting, financial reporting, personnel and procurement) shall be provided the Council by the Department of the Interior, for which payments shall be made in advance, or by reimbursement, from funds of the Council in such amounts as may be agreed upon by the Chairman of the Council and the Secretary of the Interior: Provided, That the regulations of the Department of the Interior for the collection of indebtedness of personnel resulting from erroneous payments (5 U.S.C. 46e) shall apply to the collection of erroneous payments made to or on behalf of a Council employee, and regulations of said Secretary for the administrative control of funds (31 U.S.C. 665 (g)) shall apply to appropriations of the Council: And provided further, That the Council shall not be required to prescribe such regulations.

(b) The Council shall have power to appoint and fix the compensation of such additional personnel as may be necessary to carry out its duties, without regard to the provisions of the civil service laws and the Classification Act of 1949.

(c) The Council may also procure, without regard to the civil service laws and the Classification Act of 1949, temporary and intermittent services to the same extent as is authorized for the executive departments by section 15 of the Administrative Expenses Act of 1946 (5 U.S.C. 55a), but at rates not to exceed $50 per diem for individuals.

(d) The members of the Council specified in paragraphs (1) through (6) of section 201(a) shall provide the Council, on a reimbursable basis, with such facilities and services under their jurisdiction and control as may be needed by the Council to carry out its duties, to the extent that such facilities and services are requested by the Council and are otherwise available for that purpose. To the extent of available appropriations, the Council may obtain, by purchase, rental, donation, or otherwise, such additional property, facilities, and services as may be needed to carry out its duties.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Act of September 13, 1962 (76 Stat. 538) is hereby amended as follows:

(a) Strike subsection (b) of section 2 and substitute therefor: “The area referred to in subsection (a) shall also include a right-of-way to the aforesaid tract in the general vicinity of the northwesterly portion of the property known as ‘Bear Valley Ranch’, to be selected by the Secretary, of not more than four hundred feet in width, together with such adjoining lands as would be deprived of access by reason of the acquisition of such right-of-way.”

(b) In section 8 strike out “$14,000,000” and substitute “$19,135,000”.

Approved October 15, 1966.