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 1474 Program filed with Secretary; notice of availability published in Federal Register.

PUBLIC LAW 93-492-OCT. 27, 1974

[88 STAT.

"(c) The manufacturer shall tile with the Secretary a copy of his program pursuant to this section for remedying any defect or failure to comply, and the Secretary shall make the program available to the public. Notice of such availability shall be published in the Federal Register. ENFOKGEMENT OF NOTIFICATION AND REMEDY ORDERS

15 USC 1415.

Notification.

"SEC. 155. (a)(1) An action under section 110(a) to restrain a violation of an order issued under section 152(b), or under section 109 to collect a civil penalty with respect to a violation of such an order, or any other civil action with respect to such an order, may be brought only in the United States district court for the District of Columbia or the United States district court for a judicial district in the State of incorporation (if any) of the manufacturer to which the order applies; unless on motion of any party the court orders a change of venue to any other district court for good cause shown. All actions (including enforcement actions) brought with respect to the same order under section 152(b) shall be consolidated in an action in a single judicial district, in accordance with an order of the court in which the first such action is brought (or if such first action is transferred to another court, by order of such other court). "(2) The court shall expedite the disposition of any civil action to which this subsection applies. " (b) If a civil action which relates to an order under section 152(b), and to which subsection (a) of this section applies, has been commenced, the Secretary may order the manufacturer to issue a provisional notification which shall contain— " (A) a statement that the Secretary has determined that a defect which relates to motor vehicle safety, or failure to comply with a Federal motor vehicle safety standard, exists, and that the manufacturer is contesting such determination in a proceeding in a United States district court, " (B) a clear description of the Secretary's stated basis for his determination that there is such a defect or failure, " (C) the Secretary's evaluation of the risk to motor vehicle safety reasonably related to such defect or failure to comply, " (D) any measures which in the judgment of the Secretary are necessary to avoid an unreasonable hazard resulting from the defect or failure to comply, " (E) a statement that the manufacturer will cause such defect or failure to comply to be remedied without charge pursuant to section 154, but that this obligation of the manufacturer is conditioned on the outcome of the court proceeding, and " (F) such other matters as the Secretary may prescribe by regulation or in such order. Issuance of notification under this subsection does not relieve the manufacturer of any liability for failing to issue notification required by an order under section 152(b). " (c)(1) If a manufacturer fails to notify owners or purchasers in accordance with section 153(c) within the period specified under section 153(b), the court may hold him liable for a civil penalty with respect to such failure to notify, unless the manufacturer prevails in an action described in subsection (a) of this section or unless the court in such an action restrains the enforcement of such order (in which case he shall not be liable with respect to any period for which the effectiveness of the order was stayed). The court shall restrain the enforcement of such an order only if it determines. (A) that the failure to furnish notification is reasonable, and (B) that the manufacturer has demonstrated that he is likely to prevail on the merits.

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"(2) If a manufacturer fails to notify owners or purcliasers as required by an order under subsection (b) of this section, the court may hold him liable for a civil penalty without regard to whether or not he prevails in an action (to which subsection (a) applies) with respect to the validity of the order issued under section 152(b). " (d) If (i) a manufacturer fails within the period specified in section 153(b) to comply with an order under section 152(b) to afford notification to owners and purchasers, (ii) a civil action to which subsection (a) applies is commenced with respect to such order, and (iii) the Secretary prevails in such action, then the Secretary shall order the manufacturer— "(1) to afford notice (which notice may be combined with any notice required by an order under section 152(b)) to each owner, purchaser, and dealer described in section 153(c) of the outcome of the proceeding and containing such other information as the Secretary may require; "(2) to specify (in accordance with the second and third sentences of section 154(b)) the earliest date on which such defect or failure will be remedied without charge; and "(3) if notification was required under subsection (b) of this section, to reimburse such owner or purchaser for any reasonable and necessary expenses (not in excess of any amount specified in the order of the Secretary) which are incurred (A) by such owner or purchaser; (B) for the purpose of repairing the defect or failure to comply to which the order relates; and (C) during the period beginning on the date such notification under subsection (b) was required to be issued and ending on the date such owner or purchaser receives notification pursuant to this subsection. REASONABLENESS OF NOTIFICATION AND REMEDY

"SEC. 156. Upon petition of any interested person or on his own motion, the Secretary may hold a hearing in which any interested person (including a manufacturer) may make oral (as well as written) presentations of data, views, and arguments on the question of whether a manufacturer has reasonably met his obligation to notify under section 151 or 152, and to remedy a defect or failure to comply under section 154. If the Secretary determines the manufacturer has not reasonably met such obligation, he shall order the manufacturer to take specified action to comply with such obligation; and, in addition, the Secretary may take any other action authorized by this title.

15 USC 1416. Hearing.

'EXEMPTION FOR INCONSEQUENTIAL DEFECT OR FAILURE TO COMPLY

"SEC. 157. Upon application of a manufacturer, the Secretary shall 15 USC 1417. exempt such manufacturer from any requirement under this part to give notice with respect to, or to remedy, a defect or failure to comply, Notice in if he determines, after notice in the Federal Register and opportunity Federal Register; for interested persons to present data, views, and arguments, that such data, views and defect or failure to comply is inconsequential as it relates to motor arguments, pres vehicle safety. ^"'^'^°" °PP°'tunity.

"INFORMATION, DISCLOSURE, AND RECORDKEEPING

"SEC. 158. (a)(1) Every manufacturer shall furnish to the Secretary a true or representative copy of all notices, bulletins, and other communications to the dealers of such manufacturer or to owners or purchasers of motor vehicle or replacement equipment produced by such manufacturer regarding any defect or failure to comply in such vehicle or equipment which is sold or serviced.

15 USC 1418.

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license: Creative Commons - Attribution Share-Alike - https://creativecommons.org/licenses/by-sa/4.0/


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 1476

Confidential

information.

PUBLIC LAW 93-492-OCT. 27, 1974

[88 STAT.

"(2) ^A) Except as provided in subparagraph (B), the Secretary shall disclose to the public so much of any information which is obtained under this Act and which relates to a defect which relates to motor vehicle safety or to a failure to comply with an applicable Federal motor vehicle safety standard, as he determines will assist in carrying out the purposes of this part or as may be required by section 152. " (B) Any information described in subparagraph (A) which contains or relates to a trade secret or other matter referred to in section 1905 of title 18, United States Code, shall be considered confidential for purposes of that section and shall not be disclosed; unless the Secretary determines that disclosure of such information is necessary to carry out the purposes of this title. " (C) Any obligation to disclose information under this paragraph shall be in addition to and not in lieu of the requirements of section 552 of title 5, United States Code. "(b) Every manufacturer of motor vehicles or tires shall cause the establishment and maintenance of records of the name and address of the first purchaser of each motor vehicle and tire produced by such manufacturer. To the extent required by regulations of the Secretary, every manufacturer of motor vehicles or tires shall cause the establishment and maintenance of records of the name and address of the first purchaser of each item of replacement equipment other than a tire produced by such manufacturer. The Secretary may, by rule, specify the records to be established and maintained, and reasonable procedures to be followed by manufacturers in establishing and maintaining such records, including procedures to be followed by distributors and dealers to assist manufacturers to secure the information required by this subsection; except that the availability or not of such assistance shall not affect the obligation of manufacturers under this subsection. Such procedures shall be reasonable for the particular type of motor vehicle or tires for which they are prescribed, and shall provide reasonable assurance that customer lists of any dealer and distributor, and similar information, will not be made available to any person other than the dealer or distributor, except where necessary to carry out the purpose of this part. "DEFINITIONS

IS u s e 1419.

"SEC. 159. For purposes of this part: "(1) The retreader of tires shall be deemed the manufacturer of tires which have been retreaded, and the brand name owner of tires marketed under a brand name not owned by the manufacturer of the tire shall be deemed the manufacturer of tires marketed under such brand name. "(2) Except as otherwise provided in regulations of the Secretary: " (A) The term 'original equipment' means an item of motor vehicle equipment (including a tire) which was installed in or on a motor vehicle at the time of its delivery to the first purchaser. " (B) The term 'replacement equipment' means motor vehicle equipment (including a tire) other than original equipment. " (C) A defect in, or failure to comply of, an item of original equipment shall be deemed to be a defect in, or failure to comply of, the motor vehicle in or on which such equipment was installed at the time of its delivery to the first purchaser.

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1477

" (D) If the manufacturer of a motor vehicle is not the manufacturer of original equipment installed in or on such vehicle a,t the time of its delivery to the first purchaser, the manufacturer of the vehicle (rather than the manufacturer of such equipment) shall be considered the manufacturer of such item of equipment. "(3) The term 'first purchaser' means first purchaser for purposes other than resale. "(4) The term 'adequate repair' does not include any repair which results in substantially impaired operation of a motor vehicle or item of replacement equipment. "EFFECT ON OTHER LAWS

"SEC. 160. The provisions of this part shall not create or affect any warranty obligation under State or Federal law. Consumer remedies under this part are in addition to, and not in lieu of, any other right or remedy under State or Federal law." (b)

IS use 1420.

CONFORMING AMENDMENTS.—

(1) Title I of such Act is amended by inserting after section 101 the following: "PART A—GENERAL PROVISIONS".

(2) Section 110(c) of such Act is amended by striking out "Actions" IS use 1399. and inserting in lieu thereof "Except as provided in section 155(a), actions". (c) EFFECTIVE DATE.—The amendments made by this section shall ^^ use i4ii not apply to any defect or failure to comply with respect to which, "° ^" before the effective date of this title, notification was issued under section 113(a) of such Act or was required to be issued under section 113(e). SEC. 103. ENFORCEMENT. (a)

PROHIBITED ACTS.—

(1)(A) Section 108(a) of the National Traffic and Motor Vehicle is use 1397. Safety Act of 1966 is amended by inserting " (1) " after "SEC. 108. (a) ", by redesignating paragraphs (1), (2), (3), and (4) as subparagraphs (A), (B), (C), and (D), respectively, and by adding at the end of such subsection the following new paragraph: "(2)(A) No manufacturer, distributor, dealer, or motor vehicle repair business shall knowingly render inoperative, in whole or part, any device or element of design installed on or in a motor vehicle or item of motor vehicle equipment in compliance with an applicable Federal motor vehicle safety standard, unless such manufacturer, distributor, dealer, or repair business reasonably believes that such vehicle or item of equipment will not be used (other than for testing or similar purposes in the course of maintenance or repair) during the time such device or element of design is rendered inoperative. For purposes of this paragraph, the term 'motor vehicle repair business' "Motor vehimeans any person who holds himself out to the public as in the busi- "^^ business." ness of repairing motor vehicles or motor vehicle equipment for compensation. " (B) The Secretary may by regulation exempt any person from this paragraph if he determines that such exemption is consistent with motor vehicle safety and the purposes of this Act. The Secretary may prescribe regulations defining the term 'render inoperative'. " (C) This paragraph shall not apply with respect to the rendering inoperative of (i) any safety belt interlock (as defined in section 125(f)(1)) or (ii) any continuous buzzer (as defined in section 125 Ante, p. i482, (f)(4)) designed to indicate that safety belts are not in use.

38-194 O - 76 - 11 pt. 2

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 1478

15 USC 1397.

^"^"•s-

15 USC 1398.

PUBLIC LAW 93-492-OCT. 27, 1974

[88 STAT.

" (D) Paragraph (1)(A) of this subsection shall not apply to the sale or offering for sale of any motor vehicle which has such a buzzer or interlock rendered inoperative by a dealer at the request of the first purchaser of such vehicle." ^g^ Subsection (b) of section 108 of such Act is amended by inserting " (A) " after "Paragraph (1) " in paragraphs (1), (2), and (5) of such subsection and by inserting " (A) " after "paragraph (1) " in paragraph (3) of such subsection. (2) Section 108(a) of such Act (as amended by paragraph (1) of this subsection) is amended— (A) by inserting after the semicolon in paragraph (1)(B) the following: "fail to keep specified records in accordance with such section; or fail or refuse to permit impounding, as required under section 112(a);" and (B) by adding at the end of subsection (a) the following new subparagraph: " (E) fail to comply with any rule, regulation, or order issued under section 112 or 114; and" (3) Section 108(a)(1)(D) of such Act is amended to read as follows: " (D) fail— " (i) to furnish notification, "(ii) to remedy any defect or failure to comply, or "(iii) to maintain records, as required by part B of this title; or fail to comply with any order or other requirement applicable to any manufacturer, distributor, or dealer pursuant to such part B; " ^b) PENALTIES.—Section 109 of such Act is amended by striking out "$400,000" in the second sentence of such subsection (a) and inserting in lieu thereof "$800,000". (c) INJUNCTIONS.—

is use 1399.

(1) The first sentence of section 110(a) of such Act is amended (1) by inserting " ( o r rules, regulations or orders thereunder)" after "violations of this title", and (2) by inserting immediately after "pursuant to this title," the following: "or to contain a defect (A) which relates to motor vehicle safety and (B) with respect to which notification has been given under section 151 or has been required to be given under section 152(b),". (2) The next to the last sentence of section 110(a) of such Act is amended by inserting before the period at the end thereof the following: "or to remedy the defect". SEC. 104. INSPECTION AND RECORDKEEPING.

15 USC 1401.

(a) Subsections (a), (b), and (c) of section 112 of the National Traffic and Motor Vehicle Safety Act of 1966 are amended to read as follows: " (a)(1) The Secretary is authorized to conduct any inspection or investigation— " (A) which may be necessary to enforce this title or any rules, regulations, or orders issued thereunder, or " (B) which relates to the facts, circumstances, conditions, and causes of any motor vehicle accident and which is for the purposes of carrying out his functions under this Act. The Secretary shall furnish the Attorney General and, when appropriate, the Secretary of the Treasury any information obtained indicating noncompliance with this title or any rules, regulations, or orders issued thereunder, for appropriate action. I n making investigations under subparagraph (B), the Secretary shall cooperate with appro-

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priate State and local officials to the greatest extent possible consistent with the purposes of this subsection. "(2) For purposes of carrying out paragraph (1), officers or employees duly designated by the Secretary, upon presenting appropriate credentials and written notice to the owner, operator, or agent in charge, are authorized at reasonable times and in a reasonable manner— " (A) to enter (i) any factory, warehouse, or establishment in which motor vehicles or items of motor vehicle equipment are manufactured, or held for introduction into interstate commerce or are held for sale after such introduction, or (ii) any premises where a motor vehicle or item of motor vehicle equipment involved in a motor \ehicle accident is located; " (B) to impound for a period not to exceed 72 hours, any motor vehicle or item of motor vehicle equipment involved in a motor vehicle accident; and " (C) to inspect any factory, warehouse, establishment, vehicle, or equipment referred to in subparagraph (A) or (B). Each inspection under this paragraph shall be commenced and completed with reasonable promptness. "(3)(A) Whenever, under the authority of paragraph (2)(B), the Secretary inspects or temporarily impounds for the purpose of inspection any motor vehicle (other than a vehicle subject to part II of the Interstate (^.ommerce Act) or an item of motor vehicle equipment, he shall pay reasonable compensation to the owner of such vehicle to the extent that such inspection or impounding results in the denial of the use of the vehicle to its owner or in the reduction in value of the vehicle. " (B) As used in this subsection, 'motor vehicle accident' means an occurrence associated with the maintenance, use, or operation of a motor vehicle or item of motor vehicle equipment in or as a result of which any person suffers death or personal injury, or in which there is property damage. " (b) Every manufacturer of motor vehicles and motor vehicle equipment shall establish and maintain such records and every manufacturer, dealer, or distributor shall make such reports, as the Secretary may reasonably require to enable him to determine whether such manufacturer, dealer, or distributor has acted or is acting in compliance with this title or any rules, regulations, or orders issued thereunder and shall, upon request of an officer or employee duly designated by the Secretary, permit such officer or employee to inspect appropriate books, papers, records, and documents relevant to determining whether such manufacturer, dealer, or distributor has acted or is acting in compliance with this title or any rules, regulations, or orders issued thereunder. Nothing in this subsection shall be construed as imposing recordkeeping requirements on distributors or dealers, except those requirements imposed under section 158 and regulations and orders promulgated thereunder. "(c)(1) For the purpose of carrying out the provisions of this title, the Secretary, or on the authorization of the Secretary, any officer or employee of the Department of Transportation may hold such hearings, take such testimony, sit and act at such times and places, administer such oaths, and require, by subpena or otherwise, the attendance and testimony of such witnesses and the production of such books, papers, correspondence, memorandums, contracts, agreements, or other records as the Secretary, or such officer or employee, deems advisable. "(2) In order to carry out the provisions of this title, the Secretary or his duly authorized agent shall at all reasonable times have access to, and for the purposes of examination the right to copy, any docu-

1479

Impoundment of motor v e h i c l e s.

Compensation to vehicle

49 USC 3 0 1.

"Motor vehicle accident."

Hearings.

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 1480

Noncompliance.

Punishment.

Witnesses f e e s.

PUBLIC LAW 93-492-^CT. 27, 1974

[88 STAT.

mentary evidence of any person having materials or information relevant to any function of the Secretary under this title. "(3) The Secretary is authorized to require, by general or special orders, any person to file, in such form as the Secretary may prescribe, reports or answers in writing to specific questions relating to any function of the Secretary under this title. Such reports and answers shall be made under oath or otherwise, and shall be filed with the Secretary within such reasonable period as the Secretary may prescribe. " (4) Any of the district courts of the United States within the jurisdiction of which an inquiry is carried on may, in the case of contumacy or refusal to obey a subpena or order of the Secretary or such officer or employee issued under paragraph (1) or paragraph (3) of this subsection, issue an order requiring compliance therewith; and any failure to obey such order of the court may be punished by such court as a contempt thereof. "(5) Witnesses summoned pursuant to this subsection shall be paid thQ same fees and mileage which are paid witnesses in the courts of the United States. "(6)(A) The Secretary is authorized to request from any department, agency or instrumentality of the Federal Government such statistics, data, program reports, and other materials as he deems necessary to carry out his functions under this title; and each such department, agency, or instrumentality is authorized and directed to cooperate with the Secretary and to furnish such statistics, data, program reports, and other materials to the Department of Transportation upon request made by the Secretary. Nothing in this subparagraph shall be deemed to affect any provision of law limiting the authority of an agency, department, or instrumentality of the Federal Government to provide information to another agency, department, or instrumentality of the Federal Government. " (B) The head of any Federal department, agency, or instrumentality is authorized to detail, on a reimbursable basis, any personnel of such department, agency, or instnimentality to assist in carrying out the duties of the Secretary under this title." (b) Section 112(e) of such Act is amended by striking out "All" and inserting in lieu thereof "Except as otherwise provided in section 158(a)(2) and section 113(b), all"; and striking out "subsection (b) or (c) " and inserting in lieu thereof "this title". SEC. 105. COST INFORMATION.

IS u s e 1402.

Publication in Federal Register.

The National Traffic and Motor Vehicle Safety Act of 1966 (as amended by section 102) is further amended by inserting after section 112 the following: "SEC. 113. (a) Whenever any manufacturer opposes an action of the Secretary under section 103, or under any other provision of this Act, on the ground of increased cost, the manufacturer shall submit such cost information (in such detail as the Secretary may by regulation or order prescribe) as may be necessary in order to properly evaluate the manufacturer's statement. The Secretary shall thereafter promptly prepare an evaluation of such cost information. "(b)(1) Subject to paragraph (2), such cost information together with the Secretary's evaluation thereof, shall be available to the public. Notice of the availability of such information shall be published in the Federal Register. "(2) If the manufacturer satisfies the Secretary that any portion of such information contains a trade secret or other confidential matter, such portion may be disclosed to the public only in such manner as to preserve the confidentiality of such trade secret or other confidential

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1481

matter, except that any such information may be disclosed to other officers or employees concerned with carrying out this title or when relevant in any proceeding under this title. Nothing in this subsection shall authorize the withholding of information by the Secretary or any officer or employee under his control, from the duly authorized committees of the Congress. "(c) For purposes of this section, the term 'cost information' means ^^"^°^^ informainformation with respect to alleged cost increases resulting from action by the Secretary, in such form as to permit the public and the Secretary to make an informed judgment on the validity of the manufacturer's statements. Such term includes both the manufacturer's cost and the cost to retail purchasers. " (d) The Secretary is authorized to establish rules and regulations ^e^^/aTion"'^ prescribing forms and procedures for the submission of cost informa- "^^^^ tion under this section. "(e) Nothing in this section shall be construed to restrict the authority of the Secretary to obtain, or require submission of, information under any other provision of this Act." SEC. 106. AGENCY RESPONSIBILITY. The National Traffic and Motor Vehicle Safety Act of 1966 is amended by inserting after section 123 the following new section: "SEC. 124. (a) Any interested person may file with the Secretary a ^^ use uioa. petition requesting him (1) to commence a proceeding respecting the issuance of an order pursuant to section 103 or to commence a proceeding to determine whether to issue an order pursuant to section i52(b) of this Act. " (b) Such petition shall set forth (1) facts which it is claimed establish that an order is necessary, and (2) a brief description of the substance of the order which it is claimed should be issued by the Secretary. "(c) The Secretary may hold a public hearing or may conduct such Hearing. investigation or proceeding as he deems appropriate in order to determine whether or not such petition should be granted. " (d) Within 120 days after filing of a petition described in subsection (b), the Secretary shall either grant or deny the petition. If the Secretary gr-ants such petition, he shall promptly commence the proceeding requested in the petition. If the Secretary denies such petition he shall publish in the Federal Register his reasons for such Publication S • T denial.

^

.

.

.

in Federal Register.

"(e) The remedies under this section shall be in addition to, and not in lieu of, other remedies provided by law." SEC. 107. NATIONAL MOTOR VEHICLE SAFETY ADVISORY COUNCIL. (a) PUBLIC MEMBERS.—Section 104 of the National Traffic and

Motor Vehicle Safety Act of 196,6 is amended by inserting " (1) " after is use 1393. "SEC. 104. (a) ", and by adding the following new paragraph at the end of subsection (a): " (2) For the purposes of this section, the term 'representative of the of the^^'e^ner"a?'''^ general public' means an individual who (A) is not in the employ of, public." or holding any official relation to any person who is (i) a manufacturer, dealer, or distributor, or (ii) a supplier of any manufacturer, dealer, or distributor, (B) does not own stock or bonds of substantial value in any person described in subparagraph (A)(i) or (ii), and (C) is not in any other manner directly or indirectly pecuniarily interested in such a person. The Secretary shall publish the names of the ^f^a^'^t's^^f'" member's of the Council annually and shall designate which members memb'^rs^, ° represent the general public. The Chairman of the Council shall be chosen by the Council from among the members representing the general public."

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fs^'usc 1393

15 USC 1392 "°*^-

PUBLIC LAW 93-492-OCT. 27, 1974

[88 STAT.

(^) EXPIRATION.—Effective October 1, 1977, section 104 of such Act (as amended by subsection (a) of this section) is repealed. SEC. 108. FUEL SYSTEM INTEGRITY STANDARD. (a) KATIFICATION or STANDARD.—Federal Motor Vehicle Safety Standard Number nOl (49 C F R 571.301-75; Docket No. 73-^20, Notice 2) as published on March 21, 1974 (39 F.R. 10588-10590) shall take effect on the dates prescribed in such standard (as so published). (b) AMENDMENT OR REPEAL OF STANDARD.—The Secretary may

amend the standard described in subsection (a) in order to correct technical errors in the standard, and may amend or repeal such standard if he determines such amendment or repeal will not diminish the level of motor vehicle safety. SEC. 109. OCCUPANT RESTRAINT SYSTEMS. The National Traffic and Motor Vehicle Safety Act of 1966 is amended by inserting after section 124 the following new section: 15 USC 1410b. «gj,(. 125. (a) Not later than 60 days after the date of enactment of this section, the Secretary shall amend the Federal motor vehicle safety standard numbered 208 (49 C F R 571.208), so as to bring such standard into conformity with the requirements of paragraphs (1), (2), and (3) of subsection (b) of this section. Such amendment shall take effect not later than 120 days after the date of enactment of this section. "(b) After the effective date of the amendment prescribed under subsection (a): "(1) No Federal motor vehicle safety standard may— " (A) have the effect of requiring, or " (B) provide that a manufacturer is permitted to comply with such standard by means of, any continuous buzzer designed to indicate that safety belts are not in use, or any safety belt interlock system. "(2) Except as otherwise provided in paragraph (3), no Federal motor vehicle safety standard respecting occupant restraint systems may— " (A) have the effect of requiring, or " (B) provide that a manufacturer is permitted to comply with such standard by means of, an occupant restraint system other than a belt system. "(3)(A) Paragraph (2) shall not apply to a Federal motor vehicle safety standard which provides that a manufacturer is permitted to comply with such standard by equipping motor vehicles manufactured by him with either— " (i) a belt system, or "(ii) any other occupant restraint system specified in such standard. " (B) Paragraph (2) shall not apply to any Federal motor vehicle safety standard M'hich the Secretary elects to promulgate in accordance with the procedure specified in subsection (c), unless it is disapproved by both Houses of Congress by concurrent resolution in accordance with subsection (d). " (C) Paragraph (2) shall not apply to a Federal motor vehicle safety standard if at the time of promulgation of such standard (i) the 60-day period determined under subsection (d) has expired with respect to any previously promulgated standard which the Secretary has elected to promulgate in accordance with subsection (c), and (ii) both Houses of Congress have not by concurrent resolution within such jjeriod disapproved such previously promulgated standard.

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text: Dictionary of National Biography, 1885-1900/Williams, Penry


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14J33

"(c) The procedure referred to in subsection (b)(3)(B) and (C) in accordance with which the Secretary may elect to promulgate a standard is as follows: "(1) The standard shall be promulgated in accordance with section 103 of this Act, subject to the other provisions of this subsection. Data, views, "(2) Section 553 of title 5, United States Code, shall apply to arguments, p r e sor such standard; except that the Secretary shall afford interested entation. persons an opportunity for oral as well as written presentation of data, views, or arguments. A transcript shall be kept of any oral presentation. C o n g r s, noti"(3) The chairmen and ranking minority members of the fication; e spresenHouse Interstate and Foreign Commerce Committee and the Sen- tation of data, ate Commerce Committee shall be notified in writing of any pro- v i e w s, or arguposed standard to which this section applies. Any Member of ments. Congress may make an oral presentation of data, views, or arguments under paragraph (2). "(4) Any standard promulgated pursuant to this subsection shall be transmitted to both Houses of Congress, on the same day and to each House while it is in session. I n addition, such standard shall be transmitted to the chairmen and ranking minority members of the committees referred to in paragraph (3), " (d)(1) A standard which the Secretary has elected to promulgate in accordance with subsection (c) shall not be effective if, during the first period of 60 calendar days of continuous session of Congress after the date of transmittal to Congress, both Houses of Congress pass a concurrent resolution the matter after the resolving clause of which reads as follows: 'The Congress disapproves the Federal motor vehicle safety standard transmitted to Congress on, 19—.'; (the blank space being filled with date of transmittal of the standard to Congress). If both Houses do not pass such a resolution during such period, such standard shall not be effective until the expiration of such period (unless the standard specifies a later date). " (2) For purposes of this section— " (A) continuity of session of Congress is broken only by an adjournment sine die; and " (B) the days on which either House is not in session because of an adjournment of more than 3 days to a day certain are excluded in the computation of the 60-day period. "(e) This section shall not impair any right which any person may have to obtain judicial review of a Federal motor vehicle safety standard. Definitions, " (f) For purposes of this section: " (1) The term 'safety belt interlock' means any system designed to prevent starting or operation of a motor vehicle if one or more occupants of such vehicle are not using safety belts, " (2) The term 'belt system' means an occupant restraint system consisting of integrated lap and shoulder belts for front outboard occupants and lap belts for other occupants. With respect to (A) motor vehicles other than passenger vehicles, (B) convertibles, and (C) open-body type vehicles, such term also includes an occupant restraint system consisting of lap belts or lap belts combined with detachable shoulder belts.

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PUBLIC LAW 93-492-OCT. 27, 1974

[88 STAT.

"(3) The term 'occupant restraint system' means a system the principal purpose of which is to assure that occupants of a motor vehicle remain in their seats in the event of a collision or rollover. Such term does not include a warning device designed to indicate that seat belts are not in use. "(4) The term 'continuous buzzer' means a buzzer other than a buzzer which operates only during the 8 second period after the ignition is turned to the 'start' or 'on' position." SEC. 110. TECHNICAL AND CONFORMING AMENDMENTS. 15 USC 1391.

15 USC 1408. 15 USC 1424,

is u s e 1409 note.

(a) DEFINITION OF SECRETARY.—Section 102(10) of the National

Traffic and Motor Vehicle Safety Act of 1966 is amended to read as follows: "(10) 'Secretary' means the Secretary of Transportation." (b) DATE OF ANNUAL EEPORT.—The first sentence of section 120(a) of the National Traffic and Motor Vehicle Safety Act of 1966 is amended by striking out "March 1" and inserting in lieu thereof "July 1". ^Q^ REGROOVED TIRES.—Section 204(a) of such Act is amended to read as follows: " (a) No person shall sell, offer for sale, or introduction for sale, or deliver for introduction in interstate commerce, any tire or motor vehicle equipped with any tire which has been regrooved, except that the Secretary may by order permit the sale, offer for sale, introduction for sale, or delivery for introduction in interstate commerce, of regrooved tires and motor vehicles equipped with regrooved tires which he finds are designed and constructed in a manner consistent with the purposes of this Act." SEC. 111. EFFECTIVE DATE. The amendments made by this title (other than section 109) shall take effect on the sixtieth day after the date of enactment of this Act; except that section 108(a)(4)(D) of the National Traffic and Motor Vehicle Safety Act of 1966 (as added by section 1 0 3 (a)(1)(A) of this Act) shall take effect on the date of enactment of this Act.

TITLE II—SCHOOLBUS SAFETY 15 USC 1391.

15 USC 1392.

SEC. 201. DEFINITIONS. Section 102 of the National Traffic and Motor Vehicle Safety Act of iQQQ js amended by adding at the end thereof the following: "(14) 'schoolbus' means a passenger motor vehicle which is designed to carry more than 10 passengers in addition to the driver, and which the Secretary determines is likely to be significantly used for the purpose of transporting primary, preprimary, or secondary school students to or from such schools or events related to such schools; and "(15) 'schoolbus equipment' means equipment designed primarily as a system, part, or component of a schoolbus, or any similar part or component manufactured or sold for replacement or improvement of such system, part, or component or as an accessory or addition to a schoolbus." SEC. 202. MANDATORY SCHOOLBUS STANDARDS. Section 103 of the National Traffic and Motor Vehicle Safety Act Qf 1966 is amended by adding at the end thereof the following: "(i)(1)(A) Not later than 6 months after the date of enactment of this subsection, the Secretary shall publish proposed Federal motor vehicle safety standards to be applicable to schoolbuses and schoolbus equipment. Such proposed standards shall include minimum stand-

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PUBLIC LAW 93-492-OCT. 27, 1974

ards for the following aspects of performance: " (i) Emergency exits. " (ii) Interior protection for occupants. "(iii) Floor strength. "(iy) Seating systems. "(v) Crash worthiness of body and frame (including protection against rollover hazards). " (vi) Vehicle operating systems. " (vii) Windows and windshields. "(viii) Fuel systems. " (B) Not later than 15 months after the date of enactment of this subsection, the Secretary shall promulgate Federal motor vehicle safety standards which shall provide minimum standards for those aspects of performance set out in clauses (i) through (viii) of subparagraph (A) of this paragraph, and which shall apply to each school bus and item of schoolbus equipment which is manufactured in or imported into the United States on or after the expiration of the 9-month period which begins on the date of promulgation of such safety standards. "(2) The Secretary may prescribe regulations requiring that any schoolbus be test-driven by the manufacturer before introduction into commerce." SEC. 203. ENFORCEMENT. Section 108(a)(1) of the National Traffic and Motor Vehicle Safety Act of 1966 is amended by adding at the end thereof the following: " (F) to fail to comply with regulations of the Secretary under section 103(i)(2)."

1485

is use 1397,

TITLE III—MOTOR VEHICLE DEMONSTRATION PROJECTS SEC. 301. DEMONSTRATION PROJECTS. (a) Title III of the Motor Vehicle Information and Cost Savings Act (15 U.S.C. 1961 et seq.) is amended— (1) by inserting after the heading for such title the following: " P A R T A—STATE

PROGRAMS";

(2) by striking out "this title" wherever it appears in sections 301, 302, and 303 and inserting in lieu thereof "this part ": (3) by redesignating section 304 as section 321; and (4) by inserting after section 303 the following:

is use i96i,

1962, 1963.

" P A R T B—SPECIAL DEMONSTRATION PROJECTS "AUTHORITY TO ESTABLISH

"SEC. 311. The Secretary shall establish a special motor vehicle diagnostic inspection demonstration project to assist in the rapid development and evaluation of advanced inspection, analysis, and diagnostic equipment suitable for use by the States in standardized hi^h volume inspection facilities and to evaluate the repair characteristics of motor vehicles. Such project shall be designed to facilitate evaluation of repair characteristics by small automotive repair garages. " P A R T C—AUTHORIZATION OF APPROPRIATIONS".

Approved October 27, 1974.

is use 1963a.

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 1486

PUBLIC LAW 93-493-OCT. 27, 1974

[88 STAT.

Public Law 93-493 October 27, 1974

[H. R. 15736]

^ ^

ACT

IJIQ authorize, enlarge, and repair various Federal reclamation projects and programs, and for other purposes.

Be it enacted by the Senate and House of Representatives of the D Jv'^lopm''ent"Ac\°" United States of America in Congress assembled, That this Act shall be of 1974. known as "The Reclamation Development Act of 1974". P a g e, Arizona, Community Act of 1974.

TITLE I IN(X)RPORATION OF PAGE, ARIZONA

Definitions.

SEC. 101. I t is the purpose of this title to separate that unincorporated area in Coconino County in the State of Arizona, commonly known as the town of Page, Arizona, from the Colorado River storage project in order that the United States may withdraw from the ownership and operation of the town and the people of that area may enjoy self-government, and to facilitate the establishment by the people of a municipal corporation under the laws of the State of Arizona by the transfer of certain Federal property described in section 103 of this title. SEC. 102. The following definitions shall apply to terms used in this title. (a) The area referred to herein as Page, Arizona, includes the following described land: PAGE TOWNSITE,

ARIZONA

GILA AND SALT RIVER MERIDIAN, ARIZONA

Township 40 north, range 8 east: Section 1. All Section 2. East half southwest quarter, southeast quarter Section 11. East half Section 12. All Township 41 north, range 8 east: Section 25. South half southwest quarter southeast quarter, southeast quarter southeast quarter Section 36. East half, south half northeast quarter northwest quarter, east half southwest quarter northwest quarter, southeast quarter northwest quarter, northeast quarter southwest quarter, east half northwest quarter southwest quarter, south half southwest quarter Township 40 north, range 9 east: Section 4. All Section 5. All Section 6. All Section 7. All Section 8. AH Section 9. All Section 19. East half southwest quarter, southeast quarter Section 20. South half Township 41 north, range 9 east: Section 21. West half southwest quarter, west half southeast quarter southwest quarter, southeast quarter southeast quarter southwest quarter, southwest quarter southwest quarter southeast quarter Section 28. West half northeast quarter, northwest quarter southeast quarter northeast quarter, south half southeast quarter northeast quarter west half, southeast quarter

Acres 638.94 240. 00 820.00 639.38 60. 00

540.00 639. 48 639. 84 622. 74 623.68 640.00 640.00 240. 00 320.00

120. 00

590.00

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PUBLIC LAW 93-493-OCT. 27, 1974

1487

PAGE TOWNSITE, ARIZONA—Continued GILA AND SALT KIVER M E R I D I A N, A R I Z O N A — C o n t i n u e d

Township 41 north, range 9 east:—Continued Section 29. All Section 30. All Section 31. All Section 32. All Section 33. All Total

Acres 640.00 641.20 642.00 640.00 640.00 10, 717.56

The boundary of Page, Arizona, is shown on drawing numbered in^°""ffi7 '^'^^^' 557-431-83, entitled "Page, Arizona, Townsite Boundary" which is on file in the Office of the Commissioner of Reclamation, Washington, District of Columbia. (b) The term "municipality" shall mean Page, Arizona, after its incorporation as a municipality under the laws of the State of Arizona. (c) The term "Secretary" shall mean the Secretary of the Interior. (d) The term "municipal facilities" shall mean certain land, and the improvements thereon, in Page, Arizona, such as hospital, police, and fire protection systems, sewage and refuse disposal plants, water treatment and distribution facilities, streets and roads, parks, playgrounds, airport, cemetery, municipal government buildings, and other properties suitable or usable for local municipal purposes, including any fixtures, equipment, or other property appropriate to the operation, maintenance, replacement, or repairs of the foregoing, which are owned by the United States and under the jurisdiction of the Department of the Interior, l^ureau of Reclamation, on the date of incorporation of Page, Arizona. SEC. 103. Upon incorporation of Page, Arizona, as a municipality nie^^ts'^ fa"uui^V under the statutes of the State of Arizona, the Secretary shall: activities and (a) Transfer to the municipality without cost, subject to any ^""''*^°"^'"^^"^" existing leases granted by the United States, all improved or unim- contracts, a^" i g n contrf^^^^ s s proved lands within Page, Arizona, owned by the United States, "'ent. which the Secretary determines are not required in the administration, operation, and maintenance of Federal activities within or near Page, Arizona, and can properly be included within the municipality under the laws of the State of Arizona, except the land to be transferred pursuant to subsection (c) hereof, and to assign to the municipality without cost any leases granted by the United States on such land. (b) Transfer to the appropriate school district without cost all right, title, and interest of the United States to the land in block 14-A and lot 1, block 16, UP shown on the United States Department of the Interior, Bureau of Reclamation drawing numbered 557-431-87, April 29, 1971, which drawing is on file in the Office of the Commissioner of Reclamation, Washington, District of Columbia, together with improvements thereon owned by the United States at the time of the transfer. (c) Transfer to the municipality without cost all rights, title, and interest of the United States in and to any land, and the improvements thereon, which may be contained in any reversionary clause of any dedication deed for land in Page, Arizona, issued by the United States. (d) Transfer all activities and functions of a municipal character being performed by the United States to the municipality subject to the provisions of sections 104 and 107 of this title. (e) Transfer to the municipality without cost the municipal facilities, as defined in subsection 102(d) of this title, except as provided under subsection 104(a) of this title. (f) Assign to the municipality without cost those contracts to which the United States is a party, and which pertain to activities or functions to be transferred under subsection (c) of this section and are

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 STATE OF NEW YORK

EDUCATION DEPARTMENT

Regents of the University

With years when terms expire

Commissioner of Education

Assistant Commissioners

Director of State Library

Director of Science and State Museum

Chiefs of Divisions


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Water supply,

43 USC 620.

PUBLIC LAW 93-493-OCT. 27, 1974

[88 STAT.

properly assignable. This shall include contracts for furnishing water outside the boundaries of Page, Arizona, utilizing the municipal system: Provided, That the contract which the United States has executed with a private utility for furnishing and distributing electrical energy to the municipality shall be assigned to the municipality upon its request: And provided further, That in the assignment of the contract for the operation of the Page Hospital the operating fund balance under said contract, together with all hospital accounts receivable, shall be transferred to the municipality for the same purpose as a part of the assignment of said contract. gj.^. 104. Tlicrc Is hereby reserved for the Glen Canyon imit, Colorado River storage project, the consumptive use of not to exceed three thousand acre-feet of water per year from Lake Powell, of which not to exceed two thousand seven hundred and forty acre-feet of consumptive use of water are hereby assigned to the municipality, consistent with the Navajo Tribal Council resolution numbered CJN-50-69, dated June 3, 1969: Provided, That upon incorporation the municipality shall enter into a contract satisfactory to the Secretary covering payment for and delivery of such water pursuant to the Colorado j^iver Storage Project Act of June 11, 1956 (70 Stat. 105), which contract shall among other things provide that: (a) The reservation and assignment of the consumptive use of water from Lake Powell under this section shall be subject to the apportionments of consumptive use of water to the State of Arizona in article III of the Colorado River Compact and article III (a)(1) of the Upper Colorado River Basin Compact. (b) Title to the water pumping and conveyance systems within the Glen Canyon Dam and powerplant necessary to supply water to the municipality for culinary, industrial, and municipal purposes shall be retained by the United States until the Congress provides otherwise. (c) Such retained facilities shall be operated and maintained by the Secretary at the expense of the United States until termination of the fifth fiscal year following the year of incorporation. Not to exceed two thousand seven hundred and forty acre-feet of water per annum or three million gallons of water in any twenty-four-hour period, will be pumped by the United States from Lake Powell to the water treatment plant, or to such intermediate points of delivery as shall be mutually agreed upon by the municipality and the United States for use by the municipality. (d) Beginning with the sixth year following incorporation and continuing through the tenth year, the municipality shall in each year pay to the United States proportionately increasing increments of the annual costs, including depreciation of the pumping equipment, involved in subsection (c) above with the objective that following the close of said tenth year the municipality shall thereafter bear such costs in total, according to the following schedule: Year following incorporation: Sixth Seventh Eighth Ninth Tenth Thereafter

Portion of cost in subsection (c) of section 104 to be paid to United States each year by municipality (per centum) 20 40 60 80 80 100

(e) Upon incorporation and at all times thereafter, the municipality shall bear all costs for operation, maintenance, and replacement of the municipal water system beyond Glen Canyon Dam and powerplant, including but not limited to filtration, treatment, and distribution of

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1489

water supplied pursuant to the water service contract with the United States. SEC. 105. As soon as reasonably practicable after incorporation of community prothe community, the Secretary is hereby authorized to complete all or uoZ^' '^°"'^ ^' any part of the following work which has not been completed at the date of incorporation. (a) Take census of population of the municipality within one year following incorporation. (b) Repair existing twelve-inch water supply line, if inspection determines this is necessary. (c) Paint interior of water storage reservoirs. (d) Seal coat paved streets in municipality. (e) Install water sprinkler system in Page cemetery. (f) Improve streets, install curbs, gutters, and sidewalks as follows: (1) North Navajo Drive: (i) Pave streets to seventy-foot width from Ninth Avenue to relocated intersection of Aero Avenue and sixty-one-foot width from Aero Avenue to Tenth Avenue. (ii) Place curb, gutter, and sidewalk on east side of North Navajo Drive from Aero Avenue to Tenth Avenue. (2) Aero Avenue from North Navajo Drive to Future Street: (i) Widen existing thirty-foot paved width to seventyfoot paved width. (ii) Place curb, gutter, and sidewalk on both sides of street. (3) Tenth Avenue from Future Street to Sandstone Street: (i) Construct new pavement on north half of street and overlay south half of street. (ii) Place curb and gutter only on north side of street. (4) Future Street—Approximately two thousand one hundred and fifty feet beginning at Tenth Avenue and bordering east side of block 101 as shown on Page townsite and block plats: (i) Pave street to fifty-two-foot width, (ii) Place curb, gutter, and sidewalk on west side of street and curb and gutter only on east side of street. (5) Hopi Avenue from Oak Avenue to west boundary of block 101: 'i) Pave street to forty-two-foot width, ii) Place curb, gutter and sidewalk on north side, (iii) Place curb and gutter only on south side. (g) Construct paved access road from United States Highway Numbered 89 to site of new sanitary landfill to be located in the northwest quarter, section 20, township 41 north, range 8 east, Gila and Salt River meridian, Arizona: Provided, That in the performance of the work authorized in this section, the Secretary may either cause the work to be done or transfer funds to the municipality for this purpose after ascertaining that each segment of work will be accomplished by a date certain and to standards satisfactory to the Secretary. SEC. 106. (a) Upon incorporation the Secretary is authorized to Payment to make a lump-sum payment of $500,000 to the municipality as assist- '"""^'^'P^ '^^^ ance to the municipality in meeting the expenses of police and fire protection facilities and services, sewage system, refuse disposal, electrical distribution system, water treatment and distribution, streets and roads, library, park, playgrounds and other recreational facilities, municipal government buildings, and other properties and services required for municipal purposes. (b) To make a lump-sum payment of $50,000 to the municipality for improvements to the Page Hospital. SEC. 107. Upon incorporation, the United States will provide to the Federal personnel, service municipality, upon its request, the services of Federal personnel, while prowdel'tT s provided to municipality.

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 STATE OF NEW YORK

EDUCATION DEPARTMENT

Regents of the University

With years when terms expire

Commissioner of Education

Assistant Commissioners

Director of State Library

Director of Science and State Museum

Chiefs of Divisions


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 1490

Limitations.

Funds, prohibition of additional u s e.

Transfer of funds.

Navajo T r i b e, transfer of land to be held in trust.

PUBLIC LAW 93-493-OCT. 27, 1974

[88 STAT.

they are employed by the United States in the operation and maintenance of the Glen Canyon unit of the Colorado River storage project, to assist in the transition from a federally administered community to a self-governing municipal corporation: Provided, That such assistance shall be for a maximum of six months following the date of incorporation: And provided further, That the total number of such employees shall be limited to ten at any time. SEC. 108. (a) Except as herein specifically provided, no assets of the Colorado River storage projects or moneys of the Upper Colorado River Basin Fund shall be utilized after incorporation of the municipality for carrying out the provisions of this Act. (b) At the election of the municipality, the United States shall make electric power and associated energy available to the municipality from the Colorado River storage project at the 69 kilovolt bus of the existing power substation at scheduled rates effective from time to time for resale by the municipality to an electric utility: Provided, That the sale agreement between the municipality and such utility is completed before August 1, 1976: And provided further, That in lieu of such purchase and resale, there is hereby authorized to be appropriated from the Upper Colorado River Basin F u n d and thereupon transferred to the municipality the amount necessary for the municipality to acquire the electric distribution facilities in Page, Arizona, in the event the municipality decides before August 1, 1976, to acquire said facilities through the exercise of its powers of eminent domain or the amount necessary for the municipality to acquire such facilities in accordance with the terms and conditions of the contract with the utility supplying the electricity, in the event the municipality exercises the option in said contract to acquire said electric distribution facilities: Provided, That the municipality agrees to repay with interest the amount of the funds so transferred in twenty equal annual installments: Provided, That the funds so repaid and the accrued interest thereon will be deposited in the Treasury to the credit of the aforesaid Upper Colorado River Basin Fund. The interest rate used for computing interest on the unpaid balance of funds transferred to the municipality for purposes of this subsection shall be determined by the Secretary of the Treasury, as of the beginning of the fiscal year in which the incorporation of Page, Arizona, occurs, on the basis of the computed average interest rate payable by the Treasury upon its outstanding marketable public obligations which are neither due nor callable for redemption for fifteen years from date of issue. SEC. 109. The Secretary of the Interior is authorized to transfer to the United States to be held in trust for the Navajo Tribe title to a tract of land situated within the southeast quarter of the southeast quarter, section 8, the southwest quarter, section 9, section 16, the east half of the northeast quarter, section 17, section 21, and the northeast quarter of the northeast quarter, section 28, all in township 41 north, range 9 east, Gila and Salt River meridian, Coconino County, Arizona, and containing eight hundred and eight acres, more or less, of which the particular description and drawing (Numbered 557-431-38 "Navajo Tribe—Antelope Creek Recreation Development Area Surivey Traverse" dated May 22, 1969) are on file and available for public inspection in the office of the Bureau of Reclamation, Department of the Interior, The transfer of title to such land is made in consideration of Navajo Council Resolution Numbered CNJ-50-69 dated June 3, 1969, and with the understanding that the land so transferred shall thereafter constitute a part of the Navajo Reservation and shall be subject to all laws and regulations applicable to that reservation. SEC. 110. The Congress hereby directs the Secretary of the Interior to facilitate the effectuation of Navajo Tribal Council Resolutions

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text: Dictionary of National Biography, 1885-1900/Williams, Peter


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1491

PUBLIC LAW 93-493-OCT. 27, 1974

CD 108-68 and CJN-50-69, subject to the provisions of the Colorado River Basin Project Act (82 Stat. 885). SEC. 111. The Secretary is hereby authorized, subject only to the provisions of this title to perform such acts, to delegate such authority, and to prescribe such rules and regulations, and establish such terms and conditions as he may deem necessary and appropriate for the purpose of carrying out the provisions of this title. SEC. 112. The Upper Colorado River Basin Fund established pursuant to section 5 of the Act of April 11, 1956 (70 Stat. 105), shall be utilized as appropriate for carrying out the provisions of this title: Provided, That the total expenditures from the fund shall not exceed $4,000,000. Payments made under the provisions of section 105 and section 106 of this title, and transfer, made under the provisions of subsection 108(b) will be made from revenues accruing to said basin fund from the sale of power from the Upper Colorado River storage project. SEC. 113. All authority of the Secretary under sections 101 through 112 of this title shall terminate five years following date of enactment unless incorporation of Page, Arizona, shall previously have been achieved. SEC. 114. This title may be cited as the "Page, Arizona, Community Act of 1974". TITLE II

43 USC 1501.

Funding. 43 USC 620.

Termination date.

CIBOLO P R O J E C T, TEXAS

SEC. 201, The Secretary of the Interior is authorized to construct, operate, and maintain the Cibolo project, Texas, in accordance with the Federal reclamation laws (Act of June 17, 1902, 32 Stat. 388, and Acts amendatory thereof or supplementary thereto) and the provisions of this title and the plan set out in the report of the Secretary on this project with such modification of, omissions from, or additions to the works, as the Secretary may find proper and necessary for the purposes of storing, regulating, and furnishing water for municipal and industrial use, conserving and developing fish and wildlife resources, providing outdoor recreation opportunities, and controlling floods. The principal features of the project shall consist of a dam and reservoir on Cibolo Creek and public outdoor recreation facilities. SEC. 202. The interest rate used for computing interest during construction and interest on the unpaid balance of the reimbursable costs of the project shall be determined by the Secretary of the Treasury, as of the beginning of the fiscal year in which construction of the project is commenced, on the basis of the computed average interest rate payable by the Treasury upon its outstanding marketable public obligations which are neither due nor callable for redemption for fifteen years from date of issue. SEC. 203. (a) The Secretary is authorized to enter into a contract with a qualified entity or entities, for delivery of water and for repayment of all the reimbursable construction costs. (b) Construction of the project shall not be commenced until a suitable contract has been executed by the Secretary with a qualified entity or entities. (c) Such contract may be entered into without regard to the last sentence of section 9, subsection (c), of the Reclamation Project Act of 1939. (d) Upon execution of the contract referred to in subsection 203(a) above, and upon completion of construction of the project, the Secretary shall transfer to a qualified contracting entity or entities the

43 USC 600f. 43 USC 391 note.

Interest r a t e. 43 USC 600f-l.

Water delivery and reimbursable construction c o s t s repayment, contracts. 43 USC 600f-2.

43 USC 485h. Maintenance and general operations of the project works, transfer.

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F i s h, wildlife, and recreation conservation and development. 43 USC 600f-3. 16 USC 4 6 0 M 2. Appropriations. 43 USC 600f-4.

PUBLIC LAW 93-493-OCT. 27, 1974

[88 STAT.

care, operation, and maintenance of the project works; and, after such transfer is made will reimburse the contractor annually for that portion of the year's joint operation and maintenance costs which, if the United States had continued to operate the project, would have been allocated to flood control, fish and wildlife, and recreation purposes. Prior to assuming care, operation, and maintenance of the project works the contracting entity or entities shall be obligated to operate them in accordance with regulations prescribed by the Secretary of the Army with respect to flood control, and by the Secretary of the Interior with respect to fish and wildlife and recreation. (e) Upon execution of the contract referred to in subsection 203(a) above, and upon completion of construction of the project, the contracting entity or entities, their designee or designees, shall have a permanent right to use the reservoir and relatwi facilities of the Cibolo project in accordance with said contract. SEC. 204. The conservation and development of the fish and wildlife resources and the enhancement of recreation opportunities in connection with the Cibolo project shall be in accordance with provisions of the Federal Water Project Recreation Act (79 Stat. 213). SP:C. 205. There is hereby authorized to be appropriated to defray construction costs of the Cibolo reclaipation project allocable to flood control, fish and wildlife, and recreation the sum of $24,160,000 (July 1973 prices) plus or minus such amounts, if any, as may be justified by reason of ordinary fluctuations in construction costs as indicated by engineering cost indexes applicable to the type of construction involved herein: Provided, That prior to appropriation of any Federal funds the San Antonio River Authority shall, pursuant to a contract satisfactory to the Secretary of the Interior, agree to advance funds for postauthorization planning and construction of the Cibolo reclamation project. The amount of funds to be advanced annually shall be in the proportion to the total annual fund requirements for the project as the construction cost allocated to municipal and industrial water is to the total cost of the project: Provided further, That the sum of funds advanced shall not exceed the total project cost allocated to municipal and industrial water. There are also authorized to be appropriated such additional sums as may be r-equired for the operation and maintenance of the project. The discount rate to be used by the Secretary for allocating costs of the works authorized herein shall be the rate for the fiscal year of passage of this Act as derived by the Secretary of the Treasury utilizing the formula set forth in Senate Document Numbered 97, Eighty-seventh Congress, second session, as revised by the Water Resources Council announcement in the Federal Register' of December 24, 1968. TITLE III MOUNTAIlSr P A R K PROJipCT, O K L A H O M A

Construction, operation, and maintenance, authorization.

43 USC 6l6aaaa. Appropriation.

43 USC 616ffff-l.

SEC. 301. I n order to provide for the construction, operation, and maintenance of facilities to deliver a water supply to the city of Frederick, Oklahoma, from the Mountain P a r k reclamation project, section 1 of Public Law 90-503 (82 Stat. 853) is amended by deleting "Altus and Snyder, Oklahoma," and substituting therefor "Altus, Snyder, and Frederick, Oklahoma,". SEC. 302. The amount which section 6 of said Act authorizes to be appropriated is hereby further increased by the sum of $6,057,000 (January 1974 prices), plus or minus such amounts, if any, as may be justified by reason of ordinary fluctuations in construction costs as indicated by engineering costs indexes applicable to the type of construction involved herein.

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1493

TITLE IV CASITAS RESERVOIR O P E N

SPACE,

CALIFORNIA

SEC. 401. I n order to provide for protection of the quality of water in Lake Casitas, and to provide for the preservation and enhancement of public outdoor recreation, fish and wildlife, and the environment of the area, the Secretary of the Interior is hereby authorized to acquire in the name of the United States certain privately owned lands within townships 3 and 4 north, ranges 23 and 24 west, San Bernardino base and meridian, lying outside the boundaries of the Los Padres National Forest, as generally depicted on the drawing entitled Boundries draw"Private Lands in 'Casitas Reservoir Watershed", numbered 767- '"^* 208-237, and dated September 1972, which is on tile and available for public inspection in the offices of the Bureau of Reclamation, Department of the Interior. SEC. 402. (a) Within the area described in section 401 of this title, by^d^nation"^'^ the Secretary may acquire such lands by donation, purchase with donated or appropriated funds, or exchange: Provided, That any lands owned by the State of California or any political subdivision thereof may be acquired only by donation. (b) With respect to any property acquired for the purposes of this title, which is beneficially owned by a natural person and which the Secretary determines can be continued in private use for a limited period of time without undue interference with the administration and public use of the area, the owner may on the date of its acquisition by the Secretary retain a right of use and occupancy of such property for agricultural or noncommercial residential purposes for a term, as the owners may elect, ending either— (1) at the death of the owner or spouse, whichever occurs later, or (2) not more than twenty-five years from the date of acquisition. Any right so retained may, during its existence, be transferred or assigned. The Secretary shall pay to the owner the fair market value ^^^^ market of the property on the date of such acquisition less the fair market value on such date of the right retained by the owner. (c) The Secretary may terminate the right of use and occupancy, retained pursuant to this section, upon his determination that such a right is being exercised in a manner not consistent with the purposes of this title and upon tender to the holder of the right an amount equal to the fair market valne of that portion of the right which remains unexpired on the date of termination. (d) For the purposes of this title, "noncommercial residential "Noncommercial property" shall mean any single family residence in existence or under r e s i d e n t i a l property. construction as of July 1, 1974. Land SEC. 403. The Secretary shall administer the lands to be acquired tration. adminisin accordance with the provisions of section 4 of the Act of July 9, '"Tusc 46oz-i5. 1965 (79 Stat. 213), and may issue such licenses, permits, or leases, or take such other action as may be required for proper management in accordance therewith. The lands will be kept in their natural state as permanent open space and may be managed by the Casitas Municipal Water District, or any other authorized non-Federal public body, as part of the Lake Casitas Recreation Area. SEC. 404. There is authorized to be appropriated the sum of Appropriation. $10,000,000 (April 1974 price levels) plus or minus such amounts as may be justified by changes in the price indexes for agricultural and noncommercial residential property in Ventura County, California. All funds authorized to be appropriated by this title shall be nonreimbursable.

38-194 O - 76 -12 Pt. 2

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[88 STAT.

TITLE V KLAMATH PROJECT RIGHT-OF-WAY, OREGON Land conveyance to owners of adjoining lands.

Filing of application.

Waiver and release.

SEC. 501. The Secretary of the Interior is hereby authorized and directed to convey by quitclaim deed to the respective owners of record of those certain lots situated in those subdivisions of Klamath Falls, Oregon, respectively known as Mills Addition, Enterprise Tracts, Mills Garden, Old Orchard Manor, Sixth Street Addition, and Subdivision Block 803, and as such officially shown on the recorded plats of the city records, all right, title, and interest of the United States in the specific tracts of land now owned by the United States which collectively constitute the abandoned Klamath reclamation project " B " lateral canal right-of-way, as designated for general location purposes on Bureau of Reclamation drawing numbered 12-208-338, dated March 27, 1970, and filed for reference purposes in both the Klamath County recorder's office and the corresponding records of the city of Klamath Falls, to the extent that any STich tract would constitute a contiguous addition to each of the lots in the above-named subdivisions if the boundaries of each of said lots were to be extended to include the affected portion of above-cited public lands of the United States. Such conveyance shall, in each instance, be made only upon application therefor by the owner of record of one of the affected lots within one year of the date of this Act: Provided, That said owner of record shall, to the satisfaction of the Secretary of the Interior, support such application at time of filing same with proof of ownership and an adequate description of the exterior boundaries of the parcel of Government interest land applied for. The Secretary of the Interior is authorized, as determined appropriate by him, to require payment of not more than $100 per parcel of Government interest land applied for in addition to the cost of such conveyance. SEC. 502. Acceptance of any conveyance made hereundei- by any applicant shall constitute a complete and unconditional waiver and release by said applicant or applicants individually or collectively of any and all claims against the United States arising from or occasioned by use of the land by said applicant or his successors in interest. TITLE VI SOLANO PROJECT RECREATIONAL FACILITIES, CALIFORNIA

Maintenance and operation of public outdoor recreation facilities.

Rules and regulations.

SEC. 601. I n order to provide for the protection, use, and enjoyment of the esthetic and recreational values inherent in the Federal lands and waters at Lake Berryessa, Solano project, California, the Secretary of the Interior is hereby authorized to develop, operate, and maintain such short-term recreation facilities as he deems necessary for the safety, health, protection, and outdoor recreational use of the visiting public; to undertake a thorough and detailed review of all existing developments and uses on Federal lands to determine their compatibility with preservation of environmental values and their effectiveness in providing needed public services; to implement corrective procedures when necessary; and to otherwise administer the Federal land and water areas associated with said Lake Berryessa in such a manner that, in his opinion, will best provide for the public recreational use and enjoyment thereof, all to such an extent that said use is not incompatible with other authorized functions of the Solano project. SEC. 602. The Secretary of the Interior shall make such rules and regulations as are necessary to carry out the provisions of this title and may enter into an agreement or agreements with the State of California, or political subdivision thereof, or a non-Federal agency or

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agencies or organizations as appropriate, for the development of a recreation management plan, and for the management of recreation including the operation and maintenance of the facilities within the area. The agency performing the recreation management functions is authorized to establish and collect fees for the use of recreation facilities. SEC. 603. There is authorized to be appropriated to the Secretary Appropriation. of the Interior the sum of $3,000,000 (April 1974 price levels) plus or minus such amounts, if any, as may be justified by reason of ordinary fluctuations in development costs as indicated by cost indexes applicable to the types of development involved herein. There is also authorized to be appropriated such sums as may be necessary for administration of existing facilities and for operation and maintenance of the facilities authorized by this title. SEC. 604. All funds authorized to be appropriated by this title shall, Nonreimbursable 1

.

,

, T

^^

^

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funds.

be nonreimbursable. TITLE

VII

MISCELLANEOUS DRAINAGE CONSTRUCTION, U T A H

SEC. 701. The Secretary of the Interior is authorized to construct drainage facilities for the Vernal Unit of the Central Utah project and the Emery County project to the extent that he determines necessary for the sustained crop production on the irrigable lands of these projects. The Secretary is further authorized to negotiate and execute amendments to contract numbered 14—06-400-778, dated July 14, 1958, between the United States and the Uintah Water Conservancy District and contract numbered 14-06-400-2427, dated May 15, 1962, between the United States and the Emery Water Conservancy District to provide for the cost of such drainage works to be paid from the Colorado River storage project basin fund with repayment to be based on ability of irrigation water users to repay as determined by the Secretary. TITLE VIII B E L L E F O U R C H E DAM REHABILITATION, S O U T H DAKOTA

SEC. 801. The Secretary of the Interior is authorized to construct, operate, and maintain an adequate spillway and to improve the upstream slope protection of Belle Fourche Dam, Belle Fourche project. Belle Fourche, South Dakota, in accordance with the Federal reclamation laws (Act of June 17, 1902,32 Stat. 388, and Acts amendatory n o43. u s e 391 te thereof and supplementary thereto) and the provisions of this title. SEC. 802. Construction authorized by this title shall be for the safety construction of Belle Fourche Dam and shall not provide additional conservation purposes. storage capacity or develop benefits over and above those provided by the original dam and reservoir. Nothing in this title shall be construed to reduce the amount of project costs allocated to reimbursable purposes heretofore authorized. SEC. 803. Reimbursement of costs associated with improving ^ Amendatory upstream slope protection on Belle Fourche Dam shall be limited to contract. an amount equal to the estimated annual savings to the Belle Fourche Irrigation District in operation and maintenance expense over the remaining: life of the district's repayment contract with the United States. The Secretary is hereby authorized to enter into an amendatory repayment contract with the Belle Fourche Irrigation District to effect such reimbursement without interest. All other costs of construction authorized by this title shall be nonreimbursable. SEC. 804. There is hereby authorized to be appropriated for the con- Appropriation. struction authorized by this title the sum of $3,620,000 (April 1974

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price levels) plus or minus such amounts, if any, as may be justified by reason of changes in construction costs as indicated by engineering cost indices applicable to the types of construction involved. TITLE IX GLENDO U N I T ROAD RECONSTRUCTION,

Appropriation.

WYOMING

SEC. 901. The Secretary of the Interior is authorized to relocate, reconstruct, and rehabilitate the road that was initially relocated in connection with the construction of Glendo Dam and Reservoir to provide a safe, durable, two-lane highway for public use. ggc. 902. There is hereby authorized to be appropriated for the relocation, reconstruction, and rehabilitation of said highway the sum of $284,000 (January 1974 price levels) plus or minus such amounts, if any, as may be justified by reason of ordinary fluctuation in construction cost indices applicable to the types of construction involved herein. TITLE X N U E C E S RIVER P R O J E C T, TEXAS

43 USC 6oog.

ggQ_ 1001. The Secretary of the Interior is authorized to construct, operate, and maintain the Nueces River project, Texas, in accordance 43 USC 3 91 ^i<3}^ i-he Federal reclamation laws (Act of June 17, 1902, 32 Stat. 388, note. and Acts amendatory thereof or supplementary thereto) and the provisions of this title and the plan set out in the report of the Secretary on this project with such modification of, omissions from, or additions to the works, as the Secretary may find proper and necessary for the purposes of storing, regulating, and furnishing water for municipal and industrial use, conserving and developing fish and wildlife resources, and providing outdoor recreation opportunities. The principal features of the project shall consist of the Choke Canyon Dam and Reservoir on the Frio River and public outdoor recreation and sport fishing facilities. eosts, repaySEC. 1002. (a) Costs of the project, allocated to municipal and ment. industrial water supply, shall be repayable to the United States in 43 USC 600g-l not more than forty years under either the provisions of the Federal reclamation laws or under the provisions of the Water Supply Act of 43 USC 390b. 1958 (title III of Public Law 85-500,72 Stat. 319, and Acts mandatory thereof or supplementary thereto): Provided, That, in either case, repayment of costs allocated to municipal and industrial water supply shall include interest on the unamortized balance. (b) The interest rate used for computing interest during construction and interest on the unpaid balance of the reimbursable costs of the project allocated to municipal and industrial water supply shall be determined by the Secretary of the Treasury, as of the beginning of the fiscal year in which construction of the project is commenced, on the basis of the computed average interest payable by the Treasury upon its outstanding marketable public obligations which are neither due nor callable for redemption for fifteen years from date of issue. Water delivery, gj,^ 1003. (a) Tfic Secretary is authorized to enter into a contract cVi^t^ucUon with a qualified entity or entities, for delivery of water and for repaycosts repaymcut of the balajicc of the reimbursable construction costs. "" 4"'usc"*6oog-2 (b) Construction of the project shall not be commenced until a suitable contract has been executed by the Secretary with a qualified entity or entities. (c) Such contract may be entered into without regard to the last sentence of section 9, subsection (c), of the Reclamation Project Act of 43 USC 485h. 1939.

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(d) Upon execution of the contract referred to in section 1003(a) above, and upon completion of construction of the project, the Secretary shall transfer to a qualified contracting entity or entities the care, operation, and maintenance of the project works, and, after such transfer is made, will credit annually against the contractors repayment obligation that portion of the year's joint operation and maintenance costs which, if the United States had continued to operate the project, would have been allocated to fish and wildlife and recreation purposes. Prior to assuming care, operation, and maintenance of the project works the contracting entity or entities shall agree to operate them in accordance with regulations prescribed by the Secretary of the Interior with respect to fish and wildlife and recreation. (e) Upon complete payment of the obligation assumed, including appropriate interest charges, the contracting entity or entities their designee or designees, shall have a permanent right to use the reservoir and related facilities of the Nueces River project in accordance with said contract. SEC. 1004. The conservation and development of the fisii and wildlife resources and the enhancement of recreation opportunities in connecHon with the Nueces River project shall be in accordance with provisions of the Federal Water Project Recreation Act (79 Stat. 213). SEC. 1005. There is hereby authorized to be appropriated for construction of the Nueces River project, Texas, the sum of $50,000,000 (January 1974 prices), plus or minus such amounts, if any, as may be justified by reason of ordinary fluctuations in construction costs as indicated by engineering cost indexes applicable to the type of construction involved herein: Provided, That, prior to appropriation of any Federal funds, a qualified local entity shall, pursuant to a contract satisfactory to the Secretary, agree to advance on a schedule mutually acceptable to the local entity and the Secretary, the sum of not less •than $15,000,000 representing a non-Federal contribution toward implementation of this title. Upon completion of the work authorized herein, the aforesaid $15,000,000 shall be applied as a credit to the repayment obligation of the local entity for municipal and industrial water service. The Secretary is authorized and directed, upon receipt of the aforesaid advance to proceed with postauthorization planning, preparation of designs and specifications, land acquisition, and award of construction contracts pending availability of appropriated funds. At any time following the first advance of funds by the local entity, said entity may request that the Secretary terminate activities then in progress, return unexpended balances of the funds so advanced, assign to the local entity the rights to any contract in force, convey any real estate acquired by the advanced funds and provide any data, drawings, or other items of value procured with advanced funds to the local entity; and such request shall be binding upon the Secretary.

1497 Maintenance and tTonT^of thr^' project works,
 * '"3"s^^'"-

^'^^' wiidufe consTrvaTil'n" and deveiop'"4'3*'usc eoog-s le use 46ori';i. ^3^ u'sc"6oo°"4 ^'

TITLE XI F R Y I N G P A N - A R K A N S A S P R O J E C T, COLORADO

SEC. 1101. Section 7 of the Act entitled "An Act to authorize the construction, operation, and maintenance by the Secretary of the Interior of the Fryingpan-Arkansas project, Colorado'', approved August 16, 1962 (76 Stat. 389), is amended by striking out •'$170,000,000 (June 1961 prices)" and inserting in lieu thereof •'$432,000,000 (January 1974 price levels)". SEC. 1102. For the purpose of increasing the hydroelectric generating capacity the Secretary of the Interior is authorized to construct, operate, and maintain a second one hundred-megawatt unit at the

43 USC 6i6f.

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Mount Elbert pumped storage powerplant site of the FryingpanArkansas project, Colorado. The funds required to construct such unit are included in the amount authorized to be appropriated by section 1101 of this title. TITLE XII SAVAGE RAPIDS F I S H W A Y, OREGON

SEC. 1201. The Secretary of the Interior is hereby authorized and directed to construct the necessary facilities at Savage Rapids Dam, Grants Pass Division, Rogue River Basin, Oregon, to provide for improved anadromous fish passage at the dam. Such improvements will be substantially in accordance with the plan set forth in the joint special report of the Bureau of Reclamation and the Bureau of Sport Fisheries and Wildlife entitled "Anadromous Fish Passage Facilities, Savage Rapids Dam, March 19Y4". Operation and maintenance of the facilities herein authorized will be in conformity with procedures developed by the Oregon State Game Commission and will be performed by the Grants Pass Irrigation District at no cost to the United States. Appropriations. QEC. 1202. There is hereby authorized to be appropriated for construction of the facilities authorized by this Act the sum of $851,000 (April 1974 price levels), plus or minus such amounts, if any, as may be justified by reason of ordinary fluctuations in construction costs as indicated by engineering cost indexes applicable to the type of construction involved herein. Nonreimbursable SEC. 1203. The cost of all construction authorized by this title shall costs. be nonreimbursable. TITLE XIII F E A S I B I L I T Y STUDY

AUTHORITIES

SEC. 1301. The Secretary of the Interior is hereby authorized to engage in feasibility studies of the following potential water resource development programs: (1) A total water management study to consider and coordinate the results of other water-related studies concerning Solano County, California. (2) A municipal and industrial water supply delivery system for delivery of water to the city of Yuma, Arizona. (3) The Apple Creek unit, Pick-Sloan Missouri Basin program in North Dakota. TITLE XIV E L E P H A N T B U T T E RECREATION POOL, N E W M E X I C O

43 USC 615pp.

SEC. 1401. (a) Pending the negotiation of contracts and completion of construction for furnishing water supplies for tributary irrigation units as authorized by section 8 of the Act of Congress dated June 13, 1962 (Public Law 87-483; 76 Stat. 96), and subject to the availability of stored water in Heron Reservoir in excess of one hundred thousand acre-feet, which water is not required for existing authorized uses, the Secretary of the Interior is authorized to permit releases from the Heron Reservoir of the San Juan-Chama project to provide storage and establish a minimum recreation pool in Elephant Butte Reservoir. Such releases, to the extent of the available supply, shall be limited to providing fifty thousand acre-feet for the initial recreation pool and up to six thousand acre-feet of water delivered to Elephant Butte Reservoir annually, for a period not exceeding ten years from establishment of the recreation pool, to replace loss by

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evaporation and other causes. Authorized releases, as provided above, are subject to and subordinated to any obligations under contracts for San Juan-Chama project vf^ater now or hereafter in force and for filling and maintaining a pool in Cochiti Reservoir under the Act of Congress dated March 26, 1964 (Public Law 88-293; 78 Stat. 171). The provisions of section 11(a) of the Act of June 13, 1962 (76 Stat. 96), requiring a contract satisfactory to the Secretary for the use of 43 USC asss. any water of the San J u a n River are hereby expressly waived with water use conrespect to the use of water required to establish and maintain a perma- *'"^''*' "'^'^^'^• nent pool in Elephant Butte Reservoir: Provided, however, That nothing in this Act shall be construed to diminish, abridge, or impair any water rights of the Jicarilla, Southern Ute, Navajo and Ute Mountain Indians. Releases, as authorized by this title, shall be discontinued or reduced upon a finding by a court of competent jurisdiction that such releases are detrimental to such Indian water rights. (b) The releases of water from Heron Reservoir authorized herein shall not be permitted unless and until the Rio Grande Compact Commission agrees by resolution that>— (1) the term "usable water" as defined in article I of the Rio Grande Compact shall not include San Juan-Chama project water stored in Elephant Butte Reservoir; (2) in the determination of "actual spill" as that term is defined in article I of the Rio Grande Compact, neither the spill of "credit water", as that term is defined in article I of the Rio Grande Compact, shall not occur until all San Juan-Chama project water stored in Elephant Butte Reservoir shall have been spilled; and (3) the amount of evaporation loss chargeable to San JuanChama project water stored in Elephant Butte Reservoir shall be that increment of the evaporation loss from the storage of San Juan-Chama project wate^r; the evaporation loss from the reservoir shall be taken as the difference between the gross evaporation from the water surface of Elephant Butte Reservoir and the rainfall on the same surface. (c) Fifty per centum of any incremental costs incurred by the Secretary in the implementation of this title shall be borne by a nonFederal entity pursuant to arrangements satisfactory to the Secretary. SEC, 1402. Nothing contained in this title shall be construed to increase the amount of money heretofore authorized to be appropriated for construction of the Colorado River storage project, any of its units, or of the Rio Grande project. SEC. 1403. Nothing herein shall be construed to alter, amend, repeal, modify, or be in conflict with the provisions of the Rio Grande compact. Approved October 27, 1974. Public Law 93-494 AN ACT

To authorize appropriations for the Indian Claims Commission for fiscal year

October 27, 1974

[S. 3007]

1975.

Be it enacted by the Senate and Houm of Representatives of the United States of America in Congress assembled., That there is author- Indian claims ized to be appropriated not to exceed $1,450,000 to carry out the pro- Appropriation visions of the Indian Claims Commission Act (25 U.S.C. 70), during authorization. fiscal year 1975. SEC. 2. The first sentence of the last paragraph in section 2 of the Act of August 13, 1946 (60 Stat. 1050; 25 U.S.C. 70a) is hereby

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amended by striking the semicolon and the word "the" after the words "section 250 of title 28" and inserting in lieu thereof a colon and the following: Provided, That expenditures for food, rations, or provisions shall not be deemed payments on the claim. The". Approved October 27, 1974. Public Law 93-495 October 28, 1974 [ H. R. 11221]

AN ACT To increase deposit insurance from $20,000 to $40,000, to provide full insurance for public unit deposits of $100,000 per account, to establish a National Commission on Electronic Fund Transfers, and for other purposes.

Be it enacted by the Senate and House of Representatives Federal deposit United States of America in Congress assembled, insurance, crease.

TITLE I — AMENDMENTS TO AND E X T E N S I O N S O F PROVISIONS OF L A W R E L A T I N G TO FEDERAL R E G U L A TION OF DEPOSITORY INSTITUTIONS F U L L DEPOSIT INSURANCE FOR P U B L I C

12 USC 181 note.

Infra.

Insured ba n k s, public funds in. coverage.

of the

UNITS

SECTION 101. (a) The Federal Deposit Insurance Act is amended— (1) in subsection (m) of section 3 (12 U.S.C. 1813(m)), by inserting immediately after "depositor" in the first sentence the following: "(other than a depositor referred to in the third sentence of this subsection)"; (2) in subsection (i) of section 7 (12 U.S.C. 1817(i)), by striking out "Trust" and inserting in lieu thereof the following: "Except with respect to trust funds which are owned by a depositor referred to in paragraph (2) of section 11(a) of this Act, trust"; and (3) in subsection (a) of section 11 (12 U.S.C. 1821(a)), by inserting " (1) " immediately after " (a) ", by striking out "The" in the last sentence and inserting in lieu thereof the following: "Except as provided in paragraph (2), the", and by inserting at the end of such subsection the following: " (2)(A) Notwithstanding any limitation in this Act or in any other provision of law relating to the amount of deposit insurance available for the account of any one depositor, in the case of a depositor who is— "(i) an officer, employee, or agent of the United States having official custody of public funds and lawfully investing or depositing the same in time and savings deposits in an insured bank; "(ii) an officer, employee, or agent of any State of the United States, or of any county, municipality, or political subdivision thereof having official custody of public funds and lawfully investing or depositing the same in time and savings deposits in an insured bank in such State; "(iii) an officer, employee, or agent of the District of Columbia having official custody of public funds and lawfully investing or depositing the same in time and savings deposits in an insured bank in the District of Columbia; or "(iv) an officer, employee, or agent of the Commonwealth of Puerto Rico, of the Virgin Islands, of American Samoa, or of Guam, or of any county, municipality, or political subdivision thereof having official custody of public funds and lawfully investing or depositing the same in time and savings deposits in a.n insured bank in the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, or Guam, respectively;

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text: Dictionary of National Biography, 1885-1900/Williams, Richard D'Alton