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Page:United States Statutes at Large Volume 90 Part 1.djvu/1104

 90 STAT. 1054

PUBLIC LAW 9 4 - 3 7 3 - - J U L Y 31, 1976 GENERAL. PROVISIONS, DEPARTMENT OF THE INTERIOR

Facilities, emergency reconstruction.

Forest or range fires.

Service facilities.

Uniforms.

Surplus aircraft.

SEC. 101. Appropriations made in this title shall be available for expenditure or transfer (within each bureau or office), with the approval of the Secretary, for the emergency reconstruction, replacement, or repair of aircraft, buildings, utilities, or other facilities or equipment damaged or destroyed by fire, flood, storm, or other unavoidable causes: Provided, That no funds shall be made available under this authority until funds specifically made available to the Department of the Interior for emergencies shall have been exhausted. SEC. 102. The Secretary may authorize the expenditure or transfer of any appropriation in this title, in addition to the amounts included in the budget programs of the several agencies, for the suppression or emergency prevention of forest or range fires on or threatening lands under jurisdiction of the Department of the Interior and for the emergency rehabilitation of burned-over lands under its jurisdiction: Provided, That appropriations made in this title for fire suppression purposes shall be available for the payment of obligations incurred during the preceding fiscal year, and the period July 1, 1976 through September 30, 1976, and for reimbursement to other Federal agencies for destruction of vehicles, aircraft, or other equipment in connection with their use for fire suppression purposes, such reimbursement to be credited to appropriations currently available a t the time of receipt thereof. SEC. 103. Appropriations made in this title shall be available for operation of warehouses, garages, shops, and similar facilities, wherever consolidation of activities will contribute to efficiency or economy, and said appropriations shall be reimbursed for services rendered to any other activity in the same manner ns authorized by the Act of June 30, 1932 (31 U.S.C. 686): Provided, That reimbursements for costs of supplies, materials, and equipment, and for services rendered may be credited to the appropriation current at the time such reimbursements are received. SEC. 104. Appropriations made to the Department of the Interior in this title shall be available for services as authorized by 5 U.S.C. 3109, when authorized by the Secretary, in total amount not to exceed $300,000; hire, maintenance, and operation of aircraft; hire of passenger motor vehicles; purchase of r e p r i n t s; payment for telephone service in private residences in the field, when authorized under regulations approved by the Secretary; and the payment of dues, when authorized by the Secretary, for library membership in societies or associations which issue publications to members only or at a price to members lower than to subscribers who are not members. SEC. 105. Appropriations available to the Department of the Interior for salaries and expenses shall be available for uniforms or allowances therefor, as authorized by law (5 U.S.C. 5901-5902 and D.C. Code 4r-204). SEC. 106. I n addition to the aircraft specifically authorized under this Act there is hereby authorized for acquisition five aircraft for replacement only, two of which shall be from surplus. Such acquisitions shall be integral to the provision of centralized aircraft services in Alaska. SEC. 107. Appropriations made in this title shall be available for obligation in connection with contracts issued by the General Services Administration for services or rentals for periods not in excess of twelve months beginning at any time during the fiscal year. s

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Page:United States Statutes at Large Volume 90 Part 1.djvu/1105

 PUBLIC LAW 94-373—JULY 31, 1976

90 STAT. 1055

TITLE II—RELATED AGENCIES DEPARTMENT OF AGRICULTURE FOREST SERVICE FOREST PROTECTION AND UTILIZATION

For expenses necessary for forest protection and utilization, as follows: Forest land management: For necessary expenses of the Forest Service, not otherwise provided for, including the administration, improvement, development, and management of lands, waters, or ' interests therein, under Forest Service administration, fighting and preventing forest fires on or threatening such lands and emergency rehabilitation and for liquidation of obligations incurred in the preceding fiscal year for such purposes, control of forest diseases and insects on Federal and non-Federal lands, implementation of forest advanced logging and conservation systems including necessary research and development related thereto, $897,151,000 of which $4,275,000 for fighting and preventing forest fires and for the emergency rehabilitation of burned-over lands under its jurisdiction and $5,025,000 for insect and disease control shall be apportioned for use, pursuant to section 3679 of the Revised Statutes, as amended, to the 31 USC 665. extent necessary under the then existing conditions: Provided, That funds appropriated for "Cooperative range improvements", pursuant to section 12 of the Act of April 24, 1950 (16 U.S.C. 580h), may be advanced to this appropriation: Provided further, That funds appropriated for the cooperative law enforcement program, $5,556,000, and insect and disease control, $15,892,000, shall remain available until expended. Forest research: For forest research at forest and range experiment stations, the Forest Products Laboratory, or elsewhere, as authorized by law, $87,087,000. State and private forestry cooperation: For cooperation with States in forest-fire prevention and suppression, in forest tree planting on non-Federal public and private lands, and in forest management and processing, and for advising timberland owners, associations, woodusing industries, and others in the application of forest management principles and processing of forest products, as authorized by law, $33,254,000. CONSTRUCTION AND LAND

ACQUISITION

For construction and acquisition of buildings and other facilities required in the conservation, management, investigation, protection and utilization of national forest resources, point discharge monitoring and evaluation, and non-point discharge surveillance monitoring and evaluation, and the acquisition of lands and interests therein necessary to these objectives, $18,016,000, to remain available until expended: Provided, That not more than $1,740,000 of this appropriation may be used for acquisition of land under the Act of March 1, 1911, as amended (16 U.S.C. 513-519). YOUTH CONSERVATION CORPS

For expenses necessary to carry out the provisions of the Act of Augiist 13, 1970, as amended by Public Law 93-408, $30,000,000, to 16 USC 1701. remain available until the end of the fiscal year following the fiscal

89-194 O—78—pt. 1

70

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Page:United States Statutes at Large Volume 90 Part 1.djvu/1106

 90 STAT. 1056

PUBLIC LAW 94-373—JULY 31, 1976 year for which appropriated: Provided, That $15,000,000 shall be yvailable to the Secretary of the Interior and $15,000,000 shall be available to the Secretary of Agriculture. FOREST ROADS

16 USC 535.

For the construction of roads by timber purchasers pursuant to clause (2) of section 4 of the Act of October 13, 1964 (78 Stat. 1089), and in advance of a determination of payments due pursuant to the Act of March 4, 1907 (16 U.S.C. 499) and the Acts of May 23, 1908 and March 1, 1911 (16 U.S.C. 500), $173,000,000. FOREST

ROADS

AND TRAILS

(LIQUIDATION

OF CONTRACT

AUTHORITT)

For expenses necessary for carrying out the provisions of title 23, United States Code, sections 203 and 205, relating to the construction and maintenance of forest development roads and trails, $208,104,000, to remain available until expended, for liquidation of obligations incurred pursuant to authority contained in title 23, United States Code, section 203: Provided, That funds available under the Act of March 4, 1913 (16 U.S.C. 501) shall be merged with and made a part of this appropriation: Provided further, That the unused contract authorization contained in Federal-Aid Highway Act of 1973, Public 23 USC 101 note. Law 93-87, August 13, 1973, in the amount of $39,827,943 is hereby rescinded effective October 1, 1976. ACQUISITION OF LANDS FOR NATIONAL FORESTS SPECIAL ACTS

For acquisition of land to facilitate the control of soil erosion and flood damage originating within the exterior boundaries of the following national forests, in accordance with the provisions of the following Acts, authorizing annual appropriations of forest receipts for such purposes, and in not to exceed the following amounts from such receipts. Cache National Forest, Utah, Act of May 11, 1938 (52 Stat. 347), as amended, $20,000; Unita and Wasatch National Forests, Utah, Act of August 26, 1935 (49 Stat. 866), as amended, $30,000; Toiyabe National Forest, Nevada, Act of June 25, 1938 (52 Stat. 1205), as amended, $10,000; Angeles National Forest, California, Act of June 11, 1940 (54 Stat. 299), $20,000; San Bernardino and Cleveland National Forests, California, Act of June 15, 1938 (52 Stat. 699), as amended, $80,000; in all, $160,000. ACQUISITION OF LANDS TO COMPLETE LAND EXCHANGES

For acquisition of lands in accordance with the Act of December 4, 1967 (16 U.S.C. 484a), to remain available until expended, $54,000, to be derived from deposits by public school authorities under said Act. COOPERATIVE RANGE

-^,

IMPROVEMENTS

For artificial revegetation, construction, and maintenance of range improvements, control of rodents, and eradication of poisonous and noxious plants on national forests in accordance with section 12 of the Act of April 24, 1950 (16 U.S.C. 580h), to be derived from grazing fees as authorized by said section, $700,000, to remain available until expended.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/1107

 PUBLIC LAW 94-373—JULY 31, 1976 ASSISTANCE TO STATES TOR TREE

90 STAT. 1057

PLANTING

For expenses necessary to carry out section 401 of the Agricultural Act of 1956, approved May 28, 1976 (16 U.S.C. 568e), $1,373,000, to remain available until expended. CONSTRUCTION AND OPERATION OF RECREATION

FACILITIES

For construction, operation, and maintenance of outdoor recreation facilities, including collection of special recreation use fees, to remain available until expended, $2,475,000, to be derived from the special receipt accounts established by section 1(b) of the Act of July 15, 1968 (82 Stat. 354), and section 4(e) of the Act of July 11, 1972 (86 16 USC 460/-5 Stat. 461): Provided, That not more than 40 per centum of the note. amount credited pursuant to section 4(e) of the Act of July 11, 1972, 16 USC 460/-6a. shall be available for the enhancement of the fee collection system established by section 4 of such Act, including the promotion and enforcement thereof. ADMINISTRATIVE PROVISIONS, FOREST SERVICE

Appropriations to the Forest Service for the current fiscal year shall be available for: (a) purchase of not to exceed two hundred thirty-two passenger motor vehicles of which one hundred fifty-seven shall be for replacement only, and hire of such vehicles; operation and maintenance of aircraft and the purchase of not to exceed four for replacement only; (b) employment pursuant to the second sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $100,000 for employment under 5 U.S.C. 3109; (c) uniforms, or allowances therefor, as authorized by law (5 U.S.C. 5901-5902); (d) purchase, erection, and alteration of buildings and other public improvements (7 U.S.C. 2250); (e) expenses of the National Forest Reservation Commission as authorized by section 14 of the Act of March 1, 1911 (16 U.S.C. 514); (f) acquisition of land and interests therein for sites for administrative and not to exceed $75,000 for research purposes, pursuant to the Act of August 3, 1956 (7 U.S.C. 428a); (g) expenses incident to acquisition by donation or exchange of land, waters, or interests in land or waters, pursuant to the Act of August 3, 1956 (7 U.S.C. 428a): Provided, That such appropriation shall not be available for expenses incident to donations and exchanges which can be made pursuant to authorities other than the Act of August 3, 1956 (7 U.S.C. 428a); and (h) not to exceed $100,000 for expenses pursuant to the Volunteers in the National Forest Act of 1972 (16 U.S.C. 558a, 558d, 558a note). Funds appropriated under this Act shall not be used for acquisition of forest lands under the provisions of the Act approved March 1, 1911, as amended (16 U.S.C. 513-519, 521), where such land is not within the boundaries of an established national forest or purchase unit. None of the funds made available under this Act shall be obligated or expended to change the boundaries of any region, to abolish any region, to move or close any regional office for research. State and private forestry, and National Forest System administration of the Forest Service, Department of Agriculture, without the consent of the House and Senate Committees on Appropriations and the Committee on Agriculture and Forestry in the U.S. Senate and the Committee on Agriculture in the U.S. House of Representatives.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/1108

 90 STAT. 1058

PUBLIC LAW 94-373—JULY 31, 1976 ENERGY RESEARCH AND DEVELOPMENT ADMINISTRATION OPERATING E X P E N S E S, FOSSIL FUELS

42 USC 5801 °°*®-

For necessary operating expenses of the Administration in carrying out the purposes of the Energy Reorganization Act of 1974; hire, maintenance, and operation of aircraft; publication and dissemination of atomic and other energy information; purchase, repair, and cleaning of uniforms; reimbursement of the General Services Administration for security guard services; hire of passenger motor vehicles; $521,775,000 and any moneys (except sums received from the Strategic and Critical Materials Stockpiling Act, as amended, and fees received for tests or investigations under the Act of May 16, 1910, as amended (50 U.S.C. 98h; 30 U.S.C. 7)) received by the Energy Research and Development Administration notwithstanding the provisions of section 3617 of the Revised Statutes (31 U.S.C. 484), to remain available until expended: Provided, That from this appropriation transfers of sums may be made to other agencies of the Government for the performance of the work for which this appropriation is made: Provided further, That the amount appropriated in any other appropriation act for "Operating expenses" for the Energy Research and Development Administration for the fiscal year ending September 30, 1977, shall be merged with this appropriation: Provided further, That no part of the sum herein appropriated shall be used for the field testing of nuclear explosives in the recovery of oil and gas: Provided further, That the funds made available under this head shall be available for obligation only upon the enactment into law of H.R. 13350, Ninety-Fourth Congress, or similar legislation: Provided further. That none of the funds herein appropriated for expenses related to fossil fuels shall be used to implement or finance authorized price support or loan guarantee programs unless specific provision is made for such programs in future appropriation acts. PLANT AND CAPITAL EQUIPMENT, FOSSIL FUELS

42 USC 5801 note.

For expenses of the Administration, as authorized by law, in connection with the purchase and construction of plant and the acquisition of capital equipment and other expenses incidental thereto necessary in carrying out the purposes of the Energy Reorganization Act of 1974, including the acquisition or condemnation of any real property or any facility or for plant or facility acquisition, construction, or expansion: $62,220,000, to remain available until expended: Provided, That the amount appropriated in any other appropriation act for "Plant and capital equipment" for the Energy Research and Development Administration for the fiscal year ending September 30, 1977, shall be merged with this appropriation: Provided further. That the funds made available under this head shall be available for obligation only upon the enactment into law of H.R. 13350, Ninety-Fourth Congress, or similar legislation. FEDERAL ENERGY ADMINISTRATION SALARIES AND EXPENSES

For necessary expenses of the Federal Energy Administration 15 USC 761. established by Public Law 93-275, dat^d May 7, 1974, including hire of passenger motor vehicles, and services as authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed the per diem equivalent 5 USC 5332 note, of the rate for grade GS-18; and not to exceed $2,000 for official

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Page:United States Statutes at Large Volume 90 Part 1.djvu/1109

 PUBLIC LAW 94-373—JULY 31, 1976

90 STAT. 1059

reception and representation expenses, $150,385,000: Provided, That advances or repayments or transfers from the appropriation may be. made to any department or agency for expenses of carrying out such activities: Provided further, That in the event of the expiration of such Administration, the funds provided herein shall be available for obligation by any other entity or entities established to carry out substantially the same functions as such Administration: Provided further, That loan guarantees and obligation guarantees authorized by Public Law 94-163 shall not be made unless so authorized by limita- 42 USC 6201 tions of outstanding obligational authority provided in future appro- °°*®priation acts. STRATEGIC PETROLEUM RESERVE

For expenses necessary to carry out sections 151 through 166 of the Energy Policy and Conservation Act of 1975, $447,684,000, to remain 42 USC available until expended: Provided, That this appropriation shall be 6231-6246. reduced to the extent that funds are made available for this purpose pursuant to section 201 of the Naval Petroleum Reserves Production Act of 1976.

Ante, p. 307. 10 USC 7420. F U N D S APPROPRIATED TO THE PRESIDENT PETROLEUM RESERVES

For expenses necessary to carry out the Naval Petroleum Reserves Production Act of 1976 (Public Law 94-258), $406,116,000, and such 42 USC 6501 sums as are available, not to exceed $447,684,000, which shall be derived note, from the Naval Petroleum Reserves Special Account, to remain avail> able until expended. DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE HEALTH SERVICES ADMINISTRATION INDIAN HEALTH SERVICES

For expenses, not otherwise provided for, necessary to carry out the Act of August 5, 1954 (68 Stat. 674), Public Law 93-638, and titles III 42 USC 2001. and V of the Public Health Service Act, including hire of passenger ^5 USC 450 note, motor vehicles and aircraft; purchase of reprints; payments for tele- 910 ^'^^' phone service in private residences in the field, when authorized under regulations approved by the Secretary, $337,422,000. I N D I A N H E A L T H FACILITIES

For construction, major repair, improvement, and equipment of health and related auxiliary facilities, including q^uarters for personnel; preparation of plans, specifications, and drawings; acquisition of sites; purchase and erection of portable buildings; purchase of trailers; and provision of domestic and community sanitation facilities for Indians, as authorized by section 7 of the Act of August 5, 1954 (42 U.S.C. 2004a), and Public Law 93-638, $88,163,000, to remain avail- 25 USC 450 note, able until expended. ADMINISTRATIVE PROVISIONS, H E A L T H SERVICES ADMINISTRATION

S E C 1001. Appropriations contained in this Act, available for salaries and expenses, shall be available for services as authorized by

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Page:United States Statutes at Large Volume 90 Part 1.djvu/1110

 90 STAT. 1060

PUBLIC LAW 94-373—JULY 31, 1976

6 U.S.C. 3109 but at rates not to exceed the per diem equivalent to 5 USC 5332 note, the rate for GS-18. SEC. 1002. Appropriations contained in this Act, available for salaries and expenses, shall be available for uniforms or allowances therefor as authorized by law (5 U.S.C. 5901-5902). SEC. 1003. Appropriations contained in this Act, available for salaries and expenses, shall be available for expenses of attendance at, ^.^ meetings which are concerned with the functions or activities for which ,^ . the appropriation is made or which will contribute to improved conduct, supervision, or management of those functions or activities. OFFICE OF EDUCATION INDIAN EDUCATION

20 USC 241aa note.

For carrying out, to the extent not otherwise provided, part A ($25,000,000), part B ($14,080,000), and part C ($4,000,000) of the Indian Education Act, and the General Education Provisions Act, $44,933,000.

20 USC 1221.

INDIAN CLAIMS COMMISSION SALARIES A N D EXPENSES

i > ^ vf

For expenses necessary to carry out the purposes of the Act of August 13, 1946 (25 U.S.C. 70), as amended (86 Stat. 115), creating an Indian Claims Commission, $1,525,000, of which not to exceed $14,000 shall be available for expenses of travel: Provided, That the funds made available under this head shall be available for obligation only upon the enactment into law of H.R. 11909, Ninety-Fourth Congress, or similar legislation. r NAVAJO AND HOPI RELOCATION COMMISSION SALARIES A N D EXPENSES

25 USC 640d-24.

For necessary expenses of the Navajo and Hopi Relocation Commission as authorized by law (Public Law 93-531, section 25(a)(5)), $400,000, to remain available until expended. ''"••*'

SMITHSONIAN INSTITUTION SALARIES A N D EXPENSES

For necessary expenses of the Smithsonian Institution, including research in the fields of art, science, and history; development, preservation, and documentation of the National Collections; presentation of public exhibits and performances; collection, preparation, dissemination, and exchange of information and publications; conduct of education, training, and museum assistance programs; maintenance, alteration, operation, and protection of buildings, facilities, and ap- ;.;...> "uf'l. - proaches; not to exceed $100,000 for services as authorized by 5 U.S.C. 3109; purchase or rental of two passenger motor vehicles; purchase rental, repair, and cleaning of uniforms for employees; $82,106,000: Provided, That funds appropriated herein are available for advance payments to independent contractors performing research services or participating in official Smithsonian presentations.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/1111

 PUBLIC LAW 94-373—JULY 31, 1976

90 STAT. 1061

M U S E U M PROGRAMS AND RFXATED RESEARCH (SPECIAL FOREIGN CURRENCT PROGRAM)

For payments in foreign currencies which the Treasury Department shall determine to be excess to the normal requirements of the United States, for necessary expenses for carrying out museum programs, scientific and cultural research, and related educational activities, as authorized by law, $3,481,000, to remain available until expended and to be available only to United States institutions: ProJe^/e^, That this appropriation shall be available, in addition to other appropriations to the Smithsonian Institution, for payments in the foregoing currencies: Provided further, That not to exceed $1,000,000 shall be available to the Smithsonian Institution for the salvage of archeological sites on the Island of Philae. SCIENCE INFORMATION

EXCHANGE

For necessary expenses of the Science Information Exchange, $1,900,000.

••-'

.

CONSTRUCTION AND IMPROVEMENTS, NATIONAL ZOOLOGICAL PARK

For necessary expenses of planning, construction, remodeling, and equipping of buildings and facilities at the National Zoological Park, by contract or otherwise, $6,580,000, to remain available until expended.

'

~

RESTORATION AND RENOVATION OF BUILDINGS

For necessary expenses of restoration and renovation of buildings owned or occupied by the Smithsonian Institution, by contract or otherwise, as authorized by section 2 of the Act of August 22, 1949 (63 Stat. 623), including not to exceed $10,000 for services as author- 20 USC 53a. ized by 5 U.S.C 3109, $2,950,000, to remain available until expended. SALARIES AND EXPENSES, NATIONAL GALLERY OF ART

For the upkeep and operations of the National Gallery of Art, the protection and care of the works of art therein, and administrative expenses incident thereto, as authorized by the Act of March 24, 1937 (50 Stat. 51), as amended by the public resolution of April 13, 1939 20 USC 74. (Public Resolution 9, Seventy-sixth Congress), including services as authorized by 5 U.S.C. 3109; payment in advance when authorized by the treasurer of the Gallery for membership in library, museum, and art associations or societies whose publications or services are available to members only, or to members at a price lower than to the general public; purchase, repair, and cleaning of uniforms for guards and elevator operators, and uniforms, or allowances therefor, for other employees as authorized by law (5 U.S.C. 5901-5902); purchase, or rental of devices and services for protecting buildings and contents thereof, and maintenance, alteration, improvement, and repair of buildings, approaches, and grounds; and not to exceed $70,000 for restoration and repair of works of art for the National Gallery of Art by contracts made, without advertising, with individuals, firms, or organizations at such rates or prices and under such terms and conditions as the Gallery may deem proper, $12,309,000.

'

SALARIES AND EXPENSES, WOODROW WILSON INTERNATIONAL CENTER FOR SCHOLARS

For expenses necessary in carrying out the provisions of the Woodrow Wilson Memorial Act of 1968 (82 Stat. 1356), including hire of 20 USC 80e note.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/1112

 90 STAT. 1062

PUBLIC LAW 9 4 - 3 7 3 — J U L Y 31, 1976 passenger vehicles and services as authorized by 5 U.S.C. 3109, $1,120,000. . _ NATTOXAL FOTJXDATION ON THE A R T S AND THE H U M A N I T I E S SALARIES AND EXPENSES

20 USC 951 note.

20 USC 954.

20 USC 956. '

'

20 USC 951 note,

For necessary expenses to carry out the National Foundation on the A r t s and the Humanities Act of 1965, as amended, $166,000,000, of which $77,500,000 shall be available until expended to the National Endowment for the A r t s for the support of projects and productions in the arts through assistance to groups and individuals pursuant to section 5(c) of the Act, of which not less than 20 percent shall be available until expended to the National Endowment for the A r t s for assistance pursuant to section 5(g) of the Act; $77,500,000 shall be available until expended to the National Endowment for the Humanities for support of activities in the humanities pursuant to section 7(c) of the Act; and $11,000,000 shall be available for administering the provisions of the Act: Provided, That not to exceed 3 per centum of the funds a p p r o p r i a t e d to the National Endowment for the A r t s for the purposes of sections 5(c) and ^ (g) and not to exceed 3 per centum of the funds appropriated to the National Endowment for the Human i ties for the purposes of section 7(c) shall be available for program development and evaluation: Provided further, That the funds made available under this head shall be available for obligation only upon the enactment into law of H.K. 12838, N i n e t y - F o u r t h Congress, or similar legislation. MATCHING G R A N T S

To carry out the provisions of section 1 0 (a)(2) of the National Foundation on the A r t s and the Humanities Act of 1965, as amended, $14,500,000, to remain available until expended: Provided, That this appropriation shall be available for obligation only in such amounts as may be equal to the total amounts of gifts, bequests, and devises of money, and other property accepted by the Chairman of each Endowment under the provisions of section 10(a)(2) during the current and preceding fiscal years and the transition period, for which equal amounts have not previously been a p p r o p r i a t e d: Provided further, That the funds made available under this head shall be available for obligation only upon the enactment into law of H. R. 12838, NinetyF o u r t h Congress, or similar legislation.

20 USC 959.

"

COMMISSION OF F I N E

ARTS

SALARIES AND EXPENSES

For expenses made necessary by the Act establishing a Commission of F i n e A r t s (40 U.S.C. 104), $214,000. NATIONAL CAPITAL P L A N N I N G COMMISSION SALARIES AND EXPENSES

^

For necessary expenses, as authorized by the National Capital P l a n n i n g Act of 1952 (40 U.S.C. 71-71i), including services as authorized by 5 U.S.C. 3109; and uniforms or allowances therefor, as authorized by law (5 U.S.C. 5901-5902), $1,904,000.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/1113

 PUBLIC LAW 94-373—JULY 31, 1976

90 STAT. 1063

AMERICAN KEVOLUTION BICENTENNIAL ADMINISTRATION SALARIES AND

EXPENSES

For expenses to carry out the provisions of the Act of December 11, 1973 (Public Law 93-179), $65,000.

87 Stat. 697.

FRANKLIN DELANO ROOSEVELT MEMORIAL COMMISSION SALARIES AND EXPENSES

For necessary expenses of the Franklin Delano Roosevelt Memorial Commission, established by the Act of August 11, 1955 (69 Stat. 694), as amended by Public Law 92-332 (86 Stat. 401), $29,000, to remain available until expended. JOINT FEDERAL-STATE LAND USE PLANNING COMMISSION FOR A L A S K A SALARIES A N D E X P E N S E S

For necessary expenses of the Joint Federal-State Land Use Planning Commission for Alaska, established by the Act of December 18, 1971 (Public Law 92-203), as amended, $737,000: Provided, That this appropriation shall not be available to pay more than one-half of the expenses of the Commission.

43 USC 1601 note.

PENNSYLVANIA AVENUE DEVELOPMENT CORPORATION SALARIES AND EXPENSES

For necessary expenses, as authorized by section 17 of Public Law 92-578, as amended, $1,000,000: Provided, That this appropriation 40 USC 885. shall be available only upon enactment of authorizing legislation. TITLE III—GENERAL PROVISIONS SEC. 301. No part of any appropriation under this Act shall be available to the Secretaries of the Interior and Agriculture for use for any sale hereafter made of unprocessed timber from Federal lands west of the 100th meridian in the contiguous 48 States which will be exported from the United States, or which will be used as a substitute for timber from private lands which is exported by the purchaser: Provided, That this limitation shall not apply to specific quantities of grades and species of timber which said Secretaries determine are surplus to domestic lumber and plywood manufacturing needs. SEC. 302. No part of any appropriation under this Act shall be available to the Secretary of Interior or the Secretary of Agriculture for the leasing of oil and natural gas by noncompetitive bidding on publicly owned lands within the boundaries of the Shawnee National Forest, Illinois: Provided, That nothing herein is intended to inhibit or otherwise affect the sale, lease or right to access to minerals owned by private individuals. SEC. 303. No part of any appropriation under this Act shall be made available to the Secretary of the Interior for the leasing of oil and natural gas on publicly owned lands within the boundaries of the Flathead National Forest, Montana.

Unprocessed timber, sale restrictions.

Leasing of mineral rights restrictions.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/1114

 90 STAT. 1064

Fiscal year limitation. Short title.

PUBLIC LAW 94-373—JULY 31, 1976 SEC. 304. Funds appropriated to the Lowell Historic Canal District Commission in the Department of the Interior and Related Agencies Appropriation Act, 1976, including funds appropriated for the period ending September 30, 1976 (Public Law 94-165; 89 Stat. 977), shall remain available until expended. SEC. 305. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein. This Act may be cited as the "Department of the Interior and Related Agencies Appropriation Act, 1977." Approved July 31, 1976.

LEGISLATIVE HISTORY: HOUSE REPORTS: No. 94-1218 (Comm. on Appropriations) and No. 94-1330 (Coram. of Conference). SENATE REPORT No. 94-991 (Comm. on Appropriations). CONGRESSIONAL RECORD, VoL 122 (1976): June 25, considered and passed House. June 26, considered and passed Senate, amended. July 20, House and Senate agreed to conference report.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/1115

 PUBLIC LAW 94-374—JULY 31, 1976

90 STAT. 1065

Public Law 94-374 94th Congress An Act To amend the Federal Aviation Act of 1958 to extend the authority of the Secretary of Transportation with respect to war risk insurance.

July 31. 1976 [H.R. 13308]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 1312 of War risk the Federal Aviation Act of 1958 (49 U.S.C. 1542) is amended by insurance, striking out "May 7, 1976", and inserting in lieu thereof "May 7, 1977". Extension. Approved July 31, 1976.

LEGISLATIVE HISTORY: HOUSE REPORT No. 94-1123 (Comm. on Public Works and Transportation). CONGRESSIONAL RECORD, Vol. 122 (1976): May 18, considered and passed House. July 20, considered and passed Senate.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/1117

 PUBLIC LAW 94-375—AUG. 3, 1976

90 STAT. 1067

Public Law 94-375 94th Congress An Act To amend and extend laws relating to housing and community development.

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

1. This Act may be cited as the "Housing Authorization Act of 1976". SECTION

Aug. 3, 1976 [S. 3295] Housing Authorization Act of 1976. 12 USC 1701 note.

AMENDMENTS TO THE UNITED STATES HOUSING ACT OF 1937

SEC. 2. (a) Section 5(c) of the United States Housing Act of 1937 is amended— (1) by striking out the first sentence and inserting in lieu thereof the following new sentence: "The Secretary is authorized to enter into contracts for annual contributions aggregating not more than $1,524,000,000 per annum, which limit shall be increased by $965,000,000 on July 1, 1974, by $662,300,000 on July 1, 1975, and by $850,000,000 on October 1, 1976, except that the additional authority to enter into contracts for annual contributions provided on or after July 1, 1975, shall be effective only in such amounts as may be approved in appropriation Acts."; and (2) by inserting immediately after "on July 1, 1975," in the fourth sentence thereof the following: "and by not less than $17,000,000 per annum on October 1, 1976,". (b)(1) Effective on October 1, 1976, the second and third sentences of section 5(c) of such Act are amended to read as follows: "Of the additional authority to enter into contracts for annual contributions provided on October 1, 1976, and approved in appropriation Acts, the Secretary shall (A) make available at least $60,000,000 for the modernization of low-income housing projects, and (B) make available at least $140,000,000 to assist in financing low-income housing projects for ownership by public housing agencies other than under section 8, of which not less than $100,000,000 shall be available only for the purpose of financing the construction or substantial rehabilitation of low-income housing projects. The Secretary, in utilizing the additional authority to enter into contracts for annual contributions provided on October 1, 1976, shall administer the programs authorized by this Act to provide assistance for new, substantially rehabilitated, and existing units, to the maximum extent practicable and consistent with section 213(d) of the Housing and Community Development Act of 1974, in accordance with the goals of units of general local government for such types of housing as reflected in their housing assistance plans prepared pursuant to section 104(a)(4) of such Act.". (2) Effective on October 1, 1976, the fourth sentence of section 5(c) of such Act is amended by striking out "to the amount of contracts for annual contributions required to be entered into by the Secretary under the second sentence of this subsection".

Low-income housing projects, contracts for annual contributions. 42 USC 1437c.

New and rehabilitated housing units.

42 USC 1439. 42 USC 5304. 42 USC 1437c.

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 90 STAT. 1068

PUBLIC LAW 94-375—AUG. 3, 1976

Appropriation authorization. 42 USC 1437g.

(c) Section 9(c) of such Act is amended to read as follows: "(c) There are authorized to be appropriated, for the purpose of providing annual contributions pursuant to this section not to exceed $535,000,000 on or after July 1, 1975, not to exceed $80,000,000 on or after July 1, 1976, and not to exceed $576,000,000 on or after October 1, 1976.". (d) Section 8(c)(4) of such Act is amended by striking out the 42 USC 1437f. period at the end thereof and inserting in lieu thereof the following: ", and, subject to the provisions of the following sentence, such payments may be made, in the case of a newly constructed or substantially rehabilitated project, after such sixty-day period in an amount equal to the debt service attributable to such an unoccupied dwelling unit for a period not to exceed one year, if a good faith effort is being made to fill the unit and the unit provides decent, safe, and sanitary housing. No such payment may be made after such sixty-day period (i) if the unoccupied unit is in a project insured under the National Housing 12 USC 1701 and Act, except pursuant to section 244 of such Act, or (ii) if the Secretary note, 1715Z-9. determines that the dwelling unit is in a project which provides the owner with revenues exceeding the costs incurred by such owner with respect to such project.". (e) Section 8(f) of such Act is amended by striking out "and" at 42 USC 1437f. the end of paragraph (4), by striking out the period at the end of paragraph (5) and inserting in lieu thereof "; and", and by adding the following new paragraph at the end thereof: "Debt service." "(6) the term 'debt service' means the required payments for principal and interest made with respect to a mortgage secured by housing assisted under this Act.". 42 USC 1437a. (f) The third sentence of section 3(2) of such Act is amended by striking out the word "and" before " (C) " and inserting before the semicolon the following: "and (D) other single persons in circumstances described in regulations of the Secretary: Provided, That in no event shall more than 10 percent of the units under the jurisdiction of any public housing agency be occupied by single persons under this Vilause |(D): Provided further, That in determining priority for admission to housing under this Act the Secretary shall give preference to those single persons who are elderly, handicapped, or displaced before those eligible under this clause (D)". (g) Section 8(e)(1) of such Act is amended by inserting after 42 USC 1437f. "State or local agency" the following: "or the Farmers' Home Administration". 42 USC 1382 (h) Notwithstanding any other provision of law, the value of any assistance paid with respect to a dwelling unit under the United States note. Housing Act of 1937, the National Housing Act, section 101 of the 42 USC 1430. 12 USC 1701 and Housing and Urban Development Act of 1965, or title V of the Housing Act of 1949 may not be considered as income or a resource note. for the purpose of determining the eligibility of, or the amount of 12 USC 17018. 42 USC 1471. the benefits payable to, any person living in such unit for assistance under title X VI of the Social Security Act. This subsection shall 42 USC 1381. become effective on October 1, 1976. SECTION 2 35 H O M E O W N E R S H I P PROGRAM

Mortgage insurance, termination. 12 USC 1715z.

SEC. 3. (a) Section 235(m) of the National Housing Act is amended by striking out "June 30, 1976" and inserting in lieu thereof "September 30, 1977".

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 PUBLIC LAW 94-375—AUG. 3, 1976

90 STAT. 1069

(b) The last proviso in section 235(b)(2) of such Act is amended by striking out "$21,600", "$25,200", "$25,200", and "$28,800" and inserting in lieu thereof "$25,000", "$29,000", "$29,000", and "$33,000", respectively. (c) Section 235(i)(3)(B) of such Act is amended by striking out "$21,600", "$25,200", "$25,200", and "$28,800" and inserting in lieu thereof "$25,000", "$29,000", "$29,000", and "$33,000", respectively. (d) Section 221(d)(2)(A) of such Act is amended— (1) by striking out "$21,600" and "$25,200" in the matter preceding the first proviso and inserting in lieu thereof "$25,000" and "$29,000", respectively; and (2) by striking out "$25,200" and "$28,800" in the second proviso and inserting in lieu thereof "$29,000" and "$33,000", respectively. (e) Section 235(h)(2) of such Act is amended by striking out "80 per centum" wherever it appears and inserting in lieu thereof "95 per centum". (f)(1) Section 235(a) of such Act is amended— ( A) by inserting " (1)" immediately after " (a) "; and (B) by adding at the end thereof the following: "(2)(A) Notwithstanding any other provision of this section, the Secretary is authorized to make periodic assistance payments under this section on behalf of families whose incomes do not exceed the maximum income limits prescribed pursuant to subsection (h)(2) of this section for the purpose of assisting such families in acquiring ownership of a mobile home consisting of two or more modules and a lot on which such mobile home is or will be situated, except that periodic assistance payments pursuant to this paragraph shall not be made with respect to more than 20 per centum of the total number of units with respect to which assistance is approved under this section after January 1, 1976. Assistance payments under this section pursuant to this paragraph shall be accomplished through payments on behalf of an owner of lower-income of a mobile home as described in the preceding sentence to the financial institution which makes the loan, advance of credit, or purchase of an obligation representing the loan or advance of credit to finance the purchase of the mobile home and the lot on which such mobile home is or will be situated, but only if insurance under section 2 of this Act covering such loan, advance of credit, or obligation has been granted to such institution. "(B) Notwithstanding the provisions of subsection (c) of this section, assistance payments provided pursuant to this paragraph shall be in an amount not exceeding the lesser of— "(i) the balance of the monthly payment for principal, interest, real and peisonal property taxes, insurance, and insurance premium chargeable under section 2 of this Act due under the loan or advance of credit remaining unpaid after applying 20 per centum of the mobile homeowner's income; or "(ii) the difference between the amount of the monthly payment for principal, interest, and insurance premium chargeable under section 2 of th's Act which the mobile homeowner is obligated to pay under the loan or advance of credit and the monthly payment of principal and interest which the owner would be obligated to pay if the loan or advance of credit were to bear interest at a I'ate derived by subtracting from the interest rate applicable to such loan or advance of credit the interest rate differential between the maximum interest rate plus mortgage insurance premium applicable to mortgages insured under subsection

12 USC 1715z.

 * r r '

Mortgage insurance, * eligibility. 12 USC 1715/.

12 USC 1715z.

Mobile homes, mortgage assistance payments.

12 USC 1703.

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 90 STAT. 1070 --•:

'• " J • =

12 USC 1715z.

PUBLIC LAW 94-375—AUG. 3, 1976 (i) of this section at the time such loan or advance of credit is made and the interest rate which such mortgages are presumed, under regulations prescribed by the Secretary, to bear for purposes of subsection (c)(2) of this section." (2) Section 235(e) of such Act is amended by inserting "(a)(2) (B)," immediately before " (c)". SECTION 2 3 6 AMENDMENTS

12 USC 1715z-l.

 * .''v

- rt?i

SEC. 4. (a) Section 236(n) of the National Housing Act is amended by striking out "June 30, 1976" and inserting in lieu thereof "September 30, 1977". (b) Section 236(f)(2) of such Act is amended— (1) by inserting "(including the amount allowed for utilities vf in the case of a project with separate utility metering)" immediately after "basic rentals" in the first sentence thereof and by striking out everything in such sentence which follows "of their income" and inserting in lieu thereof a period; and (2) by inserting "(including the amount allowed for utilities in the case of a project with separate utility metering)" immediately after "rental payment" in the second sentence thereof and by striking out everything in such sentence which follows "tenant's income" and inserting in lieu thereof a period. E H A SUPPLEMENTAL LOANS FOR HOSPITALS

12 USC 1715z-6.

SEC. 5. Section 241(a) of the National Housing Act is amended— (1) by inserting ", hospital," immediately after "multifamily project" in the first sentence thereof; (2) by inserting ", hospital," immediately after "such project" in the material preceding the proviso in the second sentence thereof; and (3) by inserting ", hospital," immediately before "or a group practice facility" and immediately before "or facility" in the proviso in the second sentence thereof. CO-INSURANCE

12 USC 1715z-9. Multifamily housing projects,

SEC. 6. (a) Section 244 of the National Housing Act is amended by inserting at the end thereof the following new subsection: " ( ^) (1) Where the mortgagee is a public housing agency or an insured depository institution and the mortgage covers a multifamily housing project, the co-insurance contract may provide that the mortgagee assume (i) the full amount of any loss on the insured mortgage up to an amount equal to a fixed percentage of the outstanding principal balance of the mortgage at the time of claim for insurance benefits, or (ii) the full amount of any losses on insured mortgages in a portfolio of mortgages approved by the Secretary up to an amount equal to a fixed percentage of the outstanding principal balance of all mortgages in such portfolio at the time of claim for insurance benefits on a mortgage in the portfolio, plus a share of any loss in excess of the amount under clause (i) or (ii), whichever is applicable. " (2) The second sentence of subsection (d) shall not apply to mortgages made to public housing agencies, but for purposes of such second sentence such mortgages shall not be counted in the aggregate principal amount of all mortgages insured under this title.

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 PUBLIC LAW 94-375—AUG. 3, 1976

90 STAT. 1071

"(3) The Secretary may make loans, from the applicable insurance fund, to public housing agencies in connection with mortgages which have been insured pursuant to this subsection and which are in default. " (4) The Secretary may insure and make a commitment to insure in connection with a co-insurance contract pursuant to this subsection (A) a mortgage on a project assisted under the second proviso in the first sentence of section 236(b) of this Act, and (B) a mortgage or advance on a mortgage made to a public housing agency on a project under construction which is not approved for insurance prior to construction. "(5) As used in this subsection, the term 'public housing agency' has the same meaning as in section 3(6) of the United States Housing Act of 1937, and the term 'insured depository institution' means any savings bank, savings and loan association, commercial bank or other such depository institution whose deposits are insured by the Federal Deposit Insurance Corporation, by the Federal Savings and Loan Insurance Corporation, or by an agency or instrumentality of a State. "(6) Notwithstanding any other provision of this Act, the Secretary may include in the determination of replacement cost of a project to be covered by a mortgage made to a public housing agency and insured pursuant to this subsection, such reserves and development costs, not to exceed 5 per centum of the amount otherwise allowable, as may be established or authorized by the public housing agency consistent with such agency's procedures and underwriting standards.". (b) Section 244(a) of such Act is amended by adding the following new sentence at the end thereof: "A mortgagee which enters into a contract of co-insurance under this section shall not by reason of such contract, or its adherence to such contract or applicable regulations of the Secretary, including provisions relating to the retention of risks in the event of sale or assignment of a mortgage, be made subject to any State law regulating the business of insurance.".

12 USC 1715Z-1.

"Public housing agency." 42 USC 1437a. "Insured depository institution."

12 USC 1715Z-9.

EXPERIMENTAL F I N A N C I N G

SEC. 7. Section 245 of the National Housing Act is amended by strik- 12 USC ing out "June 30, 1976" and inserting in lieu thereof "September 30, 1715Z-10. 1977". M U L T I F A M I L Y MORTGAGE LIMITS

SEC. 8. (a) The National Housing Act is amended by striking out "by not to exceed 75 per centum in any geographical area" where it appears in sections 207(c)(3), 213(b)(2), 220(d)(3)(B) (iii), 221 (d)(3) (ii), 221(d)(4) (ii), 231(c)(2), and 234(e)(3) and inserting in lieu thereof in each such section "by not to exceed 50 per centum in any geographical area". (b)(1)(A) Section 207(c)(3) of the National Housing Act is amended by striking out "$13,000", "$18,000", "$21,500", "$26,500", "$30,000", and "$3,250" in the matter preceding the first semicolon and inserting in lieu thereof "$19,500", "$21,600", "$25,800", "$31,800", "$36,000", and "$3,900", respectively. _ (B) Section 207(c)(3) of such Act is further amended by striking out "$15,000", "$21,000", "$25,750", "$32,250", and "$36,465" in the matter following the first semicolon and inserting in lieu thereof "$22,500", "$25,200", "$30,900", "$38,700", and "$43,758", respectively. (2)(A) Section 213(b)(2) of such Act is amended by striking out "$13,000", "$18,000", "$21,500", /'$26,500';, and "$30,000" in the matter preceding the first proviso and inserting in lieu thereof "$19,500", "$21,600", "$25,800", "$31,800", and "$36,000", respectively.

89-194 O—78—pt. 1

71

12 USC 1713, 1715e, 1715k, 1715/, 1715v, 1715y. .. '

' '

12 USC 1715e.

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 90 STAT. 1072 12 USC 1715e.

12 USC 1715k.

12 USC 1715/.

12 USC 1715v.

12 USC 1715y.

PUBLIC LAW 94-375—AUG. 3, 1976 (B) Section 213(b)(2) of such Act is further amended by striking out "$15,000", "$21,000'-, "$25_,750'', "$32,250", and "$36,465" in the first proviso and inserting in lieu thereof "$22,500", "$25,200", "$30,900", "$38,700", and "$43,758", respectively. (3)(A) Section 220(d)(3)(B) (iii) of such Act is amended by striking out "$13,000", "$18,000", "$21,500", "$26,500", and "$30,000" in the matter preceding "except" where it first appears and inserting in lieu thereof "$19,500", "$21,600", "$25,800", "$31,800'", and "$36,000", respectively. (B) Section 220(d)(3)(B) (iii) of such Act is further amended by striking out "$15,000", "$21,000", "$25,750", "$32,250", and "$36,465" in the matter following "except" where it first appears and inserting in lieu thereof "$22,500", "$25,200", "$30,900", "$38,700", and "$43,758", respectively. (4) Section 221(d)(3) (ii) of such Act is amended— (A) by striking out "$11,240", "$15,540", "$18,630", "$23,460", and "$26,570" and inserting in lieu thereof "$16,860", "$18,648", "$22,356", "$28,152", and "$31,884", respectively; and (B) by striking out "$13,120", "$18,630", "$22,080", "$27,600", and "$32,000" and inserting in lieu thereof "$19,680", "$22,356", "$26,496", "$33,120", and "$38,400", respectively. (5)(A) Section 221(d)(4) (ii) of such Act is amended by striking out "$12,300", "$17,188", "$20,525", "$24,700", and "$29,038" in the matter preceding the first semicolon and inserting in lieu thereof "$18,450", "$20,625", "$24,630", "$29,640", and "$34,846", respectively. (B) Section 221(d)(4) (ii) of such Act is further amended by striking out "$13,975", "$20,025", "$24,350", "$31,500", and "$34,578'' in the matter following the first semicolon and inserting in lieu thereof '•$20,962", "$24,030", "$29,220", "$37,800", and "$41,494", respectively. (6)(A) Section 231(c)(2) of such Act is amended by striking out "$12,300", "$17,188", "$20,525", "$24,700'', and "$29,038" in the matter preceding the first semicolon and inserting in lieu thereof "$18,450", "$20,625", "$24,630", "$29,640", and "$34,846", respectively. (B) Section 231(c)(2) of such Act is further amended by striking out "$13,975",_ "$20,025", "$24,350", "$31,500", and "$34,578" in the matter following the first semicolon and inserting in lieu thereof "$20,962", "$24,030", "$29,220", "$37,800", and "$41,494", respectively. (7)(A) Section 234(c)(3) of such Act is amended by striking out "$13,000", "$18,000", "$21,500", "$26,500", and "$30,000" in the matter preceding the first semicolon and inserting in lieu thereof "$19,500", "$21,600", "$25,800", "$31,800", and "$36,000", respectively. (B) Section 234(e)(3) of such Act is further amended by striking out "$15,000", "$21,000", "$25,750", "$32,250", and "$36,465" in the matter following the first semicolon and inserting in lieu thereof "$22,500", "$25,200", "$30,900", "$38,700", and "$43,768", respectively. CORRECTION OF DEFECTS

12 USC 1735b.

.,

SEC. 9. (a)(1) Section 518(b) of the National Housing Act is amended by striking out "not more than nineteen months after the date of enactment of the Housing and Community Development Act of 1974" in the first sentence thereof and inserting in lieu thereof "not more than four months after the date of enactment of the Housing Authorization Act of 1976".

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 PUBLIC LAW 94-375—AUG. 3, 1976

90 STAT. 1073

(2) Section 518(b) of such Act is amended by striking out the last 12 USC 1735b. sentence and inserting in lieu thereof the following: "Expenditures pursuant to this subsection shall be made from the insurance fund chargeable for insurance benefits on the mortgage covering the structure to which the expenditures relate. There are hereby authorized to jropnation be appropriated such sums as may be necessary to cover the costs of authorization. such expenditures not otherwise provided for.". (b) Section 518 of the National Housing Act is amended by adding at the end thereof the following new subsections: "(d) The Secretary is authorized to make expenditures to correct or Corrected to reimburse the owner for the correction of structural or other major defects, defects which so seriously affect use and liveability as to create a serious expenditures. danger to the life or safety of inhabitants of any one-, two-, three-, or four-family dwelling which is more than one year old on the date of issuance of the insurance commitment, is located in an older, declining urban area, and is covered by a mortgage insured under section 203 or 221 on or after January 1, 1973, but prior to the date of enact- 12 USC 1709, ment of this subsection if (1) the owner requests assistance from the 1715/. Secretary not more than one year after the date of enactment of this subsection, and (2) the defect is one that existed on the date of the issuance of the insurance commitment and is one that a proper inspection could reasonably have been expected to have disclosed. The Secretary may require from the seller of any such dwelling an agreement to reimburse him for any payments made pursuant to this subsection with respect to such dwelling. Expenditures pursuant to this subsection shall be made from the insurance fund chargeable for insurance benefits on the mortgage covering the structure to which the expenditures relate. There are hereby authorized to be appropriated such sums as Appropriation may be necessary to cover the costs of such expenditures not otherwise authorization. provided for. "(e) The Secretary of Housing and Urban Development is author- Investigation and ized and directed to conduct a full and complete investigation and study; report to study and report to Congress, with recommendations, not later than Congress. March 1, 1977, with respect to an effective program for protecting home buyers from hidden or undisclosed defects seriously affecting the use and livability of the home, which would be applicable to existing homes financed with mortgages insured under this Act. In the study and report the Secretary shall particularly investigate the need for, cost and feasible structure of, a national home inspection and warranty program, with respect to such homes, to be operated by the Federal Government out of fees assessed on the home buyer and amortized over a period of two years. The Secretary's report shall also present an analysis of alternative Federal programs to meet these needs, and the cost and means of financing such programs. In the report the Secretary shall also outline administrative steps which can be taken to provide disclosure to purchasers of existing homes financed with mortgages insured under this Act of the actual condition of the home and the types of repairs or replacements likely to be needed within a period of two years, such as repairs or replacement of furnace, roof or major appliances, based on age and useful life expectancy of such appurtenances.". GENERAL INSURANCE F U N D AUTHORIZATION

SEC. 10. Section 519 of the National Housing Act is amended by 12 USC 1735c. adding at the end thereof the following new subsection: "(f) There are authorized to be appropriated to cover losses sus- Appropriation authorization. tained by the General Insurance Fund not to exceed $500,000,000.".

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 90 STAT. 1074 rftf.

'Vi< s,

PUBLIC LAW 94-375—AUG. 3, 1976 4, ^ r „ 1* i

HOUSING FOR THE ELDERLT

12 USC 1701q.

SEC. 11. (a) Section 202(a)(4)(B)(i) of the Housing Act of 1959 is amended— ^; (1) by striking out "$800,000,000" in the first sentence and inserting in lieu thereof "$1,475,000,000, which amount shall be increased to $2,387,500,000 on October 1, 1977, and to $3,300,000,000 on October 1, 1978"; and (2) by inserting the following new sentence at the end thereof: ., ,^, "The Secretary may not issue notes or other obligations to the Secretary of the Treasury pursuant to this section in an aggre.u gate amount exceeding $800,000,000 except as approved in appropriation Acts.". (b) Section 202(d)(4) of such Act is amended by adding the fol"Elderly or lowing new sentence at the end thereof: "Notwithstanding the precedhandicapped ing provisions of this paragraph, the term 'elderly or handicapped families." families' includes two or more elderly or handicapped persons living together, one or more such persons living with another person who is determined (under regulations prescribed by the Secretary) to be essential to their care or well-being, and the surviving member or members of any family described in the first sentence of this paragraph who were living, in a unit assisted under this section, with the deceased member of the family at the time of his or her death.". (c)(1) Section 202(a)(8) of such Act is amended by striking out "current average market yield on outstanding marketable obligations of the United States with remaining periods to maturity comparable to the average maturities of such loans" and inserting in lieu thereof the following: "average interest rate on all interest bearing obligations of the United States then forming a part of the public debt, computed at the end of the fiscal year next preceding the date on which i,nt. the loan is made". 0 (2) The second sentence of section 202(a)(4)(B)(i) of such Act is amended by striking out "the current average market yield on outstanding marketable obligations of the United States of comparable maturities during the month preceding the issuance of the notes or other obligations", and inserting in lieu thereof the following: "the average interest rate on all interest bearing obligations of the United States then forming a part of the public debt, computed at the end of the fiscal year next preceding the date on which the loan is made". REHABILITATION LOAN PROGRAM

42 USC 1452b.

SEC. 12. (a) Section 312(d) of the Housing Act of 1964 is amended— (1) by striking out "and not to exceed $100,000,000 for the fiscal year beginning on July 1, 1975" and inserting in lieu thereof "not to exceed $100,000,000 for the fiscal year beginning on July 1, 1975, and not to exceed $100,000,000 for the fiscal year beginning on October 1, 1976"; and (2) by adding at the end thereof the following new sentence: "The amount of commitments to make loans pursuant to this section entered into after August 22, 1976, shall not exceed amounts approved in appropriation Acts.". (b) Section 312(h) of such Act is amended to read as follows: Termination date. "(h) No loan shall be made under this section after September 30, 1977, except pursuant to a contract, commitment, or other obligation entered into pursuant to this section prior to October 1, 1977.".

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 PUBLIC LAW 94-375—AUG. 3, 1976

90 STAT. 1075

EMERGENCY HOUSING

SEC. 13. (a) Section 109(b) of the Emergency Homeowners' Relief Act is amended by striking out "June 30, 1976" and inserting in lieu thereof "September 30, 1977". (b) The first sentence of section 110(a) of such Act is amended— (1) by striking out "Until one year from the date of enactment of this title, each" and inserting in lieu thereof "Each"; (2) by inserting "prior to October 1, 1977," immediately after " (1) "; and (3) by inserting "until one year from the date of enactment of this title," immediately after "(2)". (c) Section 111 of such Act is amended by striking out "July 1, 1976" and inserting in lieu thereof "October 1, 1977". (d) Section 3(b) of the Emergency Home Purchase Assistance Act of 1974 is amended by striking out "July 1, 1976" and inserting in lieu thereof "October 1, 1977". (e^ (1) Section 313(b) of the National Housing Act is amended by striking out the period at the end thereof and inserting in lieu thereof "; and", and by inserting the following at the end thereof: "(D) such mortgage involves a principal residence the sales price of which does not exceed $48,000 ($52,000 in high-cost areas as determined by the Secretary) per family residence or dwelling unit, except that such sales price in Alaska, Hawaii, and Guam may not exceed $65,000.". (2) The amendment made by paragraph (1) shall apply only with respect to mortgages purchased pursuant to commitments made after the date of the enactment of this Act.

12 USC 2708. 12 USC 2709.

12 USC 2710. 12 USC 1723e note. 12 USC 1723e.

12 USC 1723e note.

FLOOD INSURANCE

SEC. 14. (a) Section 202(b) of the Flood Disaster Protection Act of 1973 is amended by striking out all that follows "shall not apply to" and inserting in lieu thereof the following: "(1) any loan made to finance the acquisition of a residential dwelling occupied as a residence prior to March 1, 1976, or one year following identification of the area within which such dwelling is located as an area containing special flood hazards, whichever is later, or made to extend, renew, or increase the financing or refinancing in connection with such a dwelling, (2) any loan, which does not exceed an amount prescribed by the Secretary, to finance the acquisition of a building or structure completed and occupied by a small business concern, as defined by the Secretary, prior to January 1, 1976, (3) any loan or loans, which in the aggregate do not exceed $5,000, to finance improvements to or rehabilitation of a building or structure occupied as a residence prior to January 1, 1976, or (4) any loan or loans, which in the aggregate do not exceed an amount prescribed by the Secretary, to finance nonresidential additions or improvements to be used solely for agricultural purposes on a farm.". (b) Section 1336(a) of the National Flood Insurance Act of 1968 is amended by striking out "December 31, 1976" and inserting in lieu thereof "September 30 1977". (c) Section 1376 of the National Flood Insurance Act of 1968 is amended by adding at the end thereof the following new subsection: "(c) There are authorized to be appropriated for studies under this title not to exceed $100,000,000 for the fiscal year 1977.".

42 USC 4106.

\ 42 USC 4056. 42 USC 4127. Appropriation authorization.

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 90 STAT. 1076

PUBLIC LAW 94-375—AUG. 3, 1976 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM

Appropriation authorization.

SEC. 15. (a) Section 103(a)(2) of the Housing and Community Development Act of 1974 is amended by inserting ", and $200,000,000 42 USC 5303. for the fiscal year 1977, not more than 50 per centum of which amount may be used under section 106(d)(1)," immediately after "1976". (b) Paragraph (2) of section 105(a) of such Act is amended by 42 USC 5305. inserting immediately after "neighborhood facilities," the following: "centers for the handicapped,". Discretionary (c) Section 107(a)(1) of such Act is amended by inserting the fund. following immediately before the semicolon at the end thereof: "or in 42 USC 5307. behalf of new community projects assisted under title X of the National 12 USC 1749aa. Housing Act which meet the eligibility standards set forth in title VII 42 USC 4501. of the Housing and Urban Development Act of 1970 and which were the subject of an application or preapplication under such title prior to January 14, 1975". (d) Section 116 of such Act is amended by adding at the end thereof 42 USC 5316. the following new subsection: Transition "(h) In the event that the total amount available for distribution in provisions. fiscal year 1977 in metropolitan areas is insufficient to meet all basic grant and hold-harmless entitlement needs, as provided by section 106(a), and funds are not otherwise appropriated to meet such deficiency, the Secretary shall meet the deficiency, first, from amounts available for use under section 107 and, if such amounts are exhausted, through a ratable reduction of all entitlements under section 106(a).".

COMPREHENSIVE

PLANNING

SEC. 16. (a) The first sentence of section 701(e) of the Housing Act 40 USC 461. of 1954 is amended by striking out "and not to exceed $150,000,000 for the fiscal year 1976" and inserting in lieu threof "not to exceed $150,000,000 for the fiscal year 1976, and not to exceed $100,000,000 for the fiscal year 1977". 40 USC 461 note. (b) No eligible recipient under section 701 of the Housing Act of 1954 may be excluded from qualifying for funds under such section solely on the basis of participation or nonparticipation under such section prior to fiscal year 1977. CONFIRMATION OF GOVERNMENT NATIONAL MORTGAGE ASSOCIATION PRESIDENT

12 USC 1723.

12 USC 1723a.

SEC. 17. (a) The National Housing Act is amended by striking out the third sentence of section 308(a) and inserting in lieu thereof the following: "There is hereby established in the Department of Housing and Urban Development the position of President, Government National Mortgage Association, who shall be appointed by the President, by and with the advice and consent of the Senate. The Secretary shall select and effect the appointment of qualified persons to fill the offices of vice president,, and such other offices as may be provided for in the bylaws. Persons appointed under the preceding sentence shall perform such executive functions, powers, and duties as may be prescribed by the bylaws or by the Secretary, and such persons shall be executive officers of the Association and shall discharge all such executive functions, powers, and duties.". (b) Section 309(d) of such Act is amended by striking out the word "The" immediately preceding "Secretary" in the first sentence and inserting in lieu thereof "Subject to the provisions of section 308(a), the".

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90 STAT. 1077

(c) Section 5315 of title 5, United States Code, is amended by adding at the ending thereof the following new paragraph: "(108) President, Government National Mortgage Association, Department of Housing and Urban Development.". (d) Section 7(c) of the Department of Housing and Urban Development Act is amended by striking out "seven" in the proviso and 42 USC 3535 substituting in lieu thereof "six". (e) Notwithstanding the amendment made by subsection (a), the 12 USC 1723 rights, powers, and duties of the position of President, Government note. National Mortgage Association, as in effect on the day preceding the date of enactment of this Act shall remain in effect until the position established hereunder has been filled in accordance with the terms of this Act. SPECIAL ASSISTANT FOR COOPERATIVE HOUSING

SEC. 18. The first sentence of section 102(h) of the Housing Amendments of 1955 is amended— (1) by inserting after "section 221(d)(3)" a comma and the following: "section 235, section 236, section 241, section 243, section 246, and section 203(n) "; (2) by inserting after "Housing and Urban Development Act of 1965" the following: "or section 8 of the United State Housing Act of 1937"; and (3) by inserting before the period the following: "and Assistant Secretary for Housing Management". NEW

12 USC 1715e note. 12 USC 1715z, 1715Z-1, 1715Z-6, 1715Z-8, 1715Z-11, 1709. 42 USC 1408.

COMMUNITIES

SEC. 19. Section 720(a) of the Housing and Urban Development Act of 1970 is amended by striking out "June 30, 1975" and inserting in lieu 42 USC 4521. thereof "October 1, 1977". URBAN

HOMESTEADING

SEC. 20. Section 810(g) of the Housing and Community Development Act of 1974 is amended by striking out "and not to exceed 12 USC 1706e. $5,000,000 for the fiscal year 1976" and inserting in lieu thereof "not to exceed $6,250,000 for the fiscal year 1976, and for the transition quarter, not to exceed $5,000,000 for fiscal year 1977, and not to exceed $5,000,000 for the fiscal year 1978". DAY CARE

SEC. 21. Section 7 of the Department of Housing and Urban Development Act is amended by adding at the end thereof the following new subsection: "(n) Notwithstanding any other provision of law, the Secretary is authorized by contract or otherwise to establish, equip and operate a day care center facility for the purpose of serving children who are members of households of employees of the Department. The Secretary is authorized to establish or provide for the establishment of appropriate fees and charges to be chargeable against the Department of Housing and Urban Development employees or others who are beneficiaries of services provided by such a day care center.".

42 USC 3535. ' HUD employees, day care center.

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 90 STAT. 1078

PUBLIC LAW 94-375—AUG. 3, 1976 HOME OWNER'S LOAN

ACT

SEC. 22. The tM^elfth undesignated paragraph of section 5(c) of the Home Owner's Loan Act of 1933 (12 U.S.C. 1464(c)) is amended by adding in the first sentence, immediately after the words "made pursuant to either of such sections" and before the period the following language: "and in the share capital and capital reserve of the Inter-American Savings and Loan Bank". RESEARCH

AUTHORIZATION

Appropriation SEC. 23. (a) Section 501 of the Housing and Urban Development authorization. Act of 1970 is amended by striking out the second sentence and insert12 USC 1701Z-1. ing in lieu thereof the following: "There are authorized to be appro-

priated for activities under this title not to exceed $65,000,000 for the fiscal year 1977.". 12 USC 1701Z-3. (b) Section 504(b) of such Act is amended by striking out the first, third, and fourth sentences. (c) Section 502(f) of such Act is amended by striking out the 12 USC 1701Z-2. period at the end of the second sentence and inserting in lieu thereof the following: "and such departments and agencies are hereby authorized to execute such contracts and grants.". NATIONAL INSTITUTE or

BUILDING

SCIENCES

SEC. 24. Section 809(h) of the Housing and Community Develop12 USC 1701J-2. ment Act of 1974 is amended by inserting ", and $5,000,000 for each of the fiscal years 1977 and 1978" immediately after "fiscal year 1976". RURAL HOUSING

Interest rates. 42 USC 1490a. 42 USC 1490. 42 USC 1480.

42 USC 1490.

SEC. 25. (a) Section 521(a)(1) of the Housing Act of 1949 is amended by striking out "rate determined annually by the Secretary of the Treasury" and inserting in lieu thereof "rate determined by the Secretary of the Treasury upon the request of the Secretary". (b) Section 620(3)(B) of such Act is amended by inserting "for lower and moderate-income families" immediately after "has a serious lack of mortgage credit". (c) Section 510 of such Act is amended by redesignating subsections (f) and (g) as subsections (h) and (i), respectively, and by inserting the following new subsections immediately after subsection (e): "(f) continue processing as expeditiously as possible applications on hand received prior to the time an area has been determined by the Secretary not to be 'rural' or a 'rural area', as those terms are defined in section 520, and make loans or grants to such applicants who are found to be eligible on the same basis as though the area were still rural; "(g) notwithstanding that an area ceases, or has ceased, to be 'rural', in a 'rural area', or an eligible area, make assistance under this title available in connection with transfers and assumptions of property securing any loan made, insured, or held by the Secretary or in connection with any property held by the Secre: tary under this title on the same basis as though the area were still rural;". COUNSELING

SEC. 26. Title V of the Housing and Urban Development Act of 12 USC 1701Z-1. 1970 is amended by adding at the end thereof the following new section:

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 PUBLIC LAW 94-375—AUG. 3, 1976

90 STAT. 1079

uCOUNSELING TO MORTGAGORS

"SEC. 508. (a) In carrying out activities under section 501, the Secretary is directed to undertake programs of studies and demonstrations within at least three standard metropolitan statistical areas to determine the extent of need for and cost effectiveness of providing pre-purchase, default and delinquency counseling and related services to owners and purchasers of single-family dwellings insured or to be insured under the unsubsidized mortgage insurance programs of the National Housing Act. "(b) Within one year from enactment of this section, the Secretary shall submit an interim report to the Congress with respect to the progress made under such studies and demonstrations, including an estimate as to the date when a final report on the results of such demonstrations will be made available to the Congress.". Approved August 3, 1976.

LEGISLATIVE HISTORY: HOUSE REPORTS: No. 94-545 accompanying H.R. 9852 and No. 94-1091 and No. 94-1091, pt. II, accompanying H.R. 12945 (Comm. on Banking,, Currency and Housing) and Nos. 94-1291 and 94-1304 (Comm. of Conference). SENATE REPORTS: No. 94-520 accompanying H.R. 9852 and No. 94-749 (Coram, on Banking, Housing and Urban Affairs). CONGRESSIONAL RECORD: Vol. 121 (1975): Oct. 20, H.R. 9852 considered and passed House. Vol. 122 (1976): Jan. 23, H.R. 9852 considered and passed Senate, amended. Apr. 27, considered and passed Senate. May 26, considered and passed House, amended, in lieu of H.R. 12945. June 30, House agreed to conference report. July 20, Senate agreed to conference report. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS: Vol. 12, No. 32 (1976): Aug. 4, Presidential statement.

12 USC 1701z-7. 12 USC 1701z-l. .,

12 USC 1701 ^^® ingress,
 * ^^P^"^ *«

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 90 STAT. 1080

PUBLIC LAW 94-376—AUG. 4, 1976

Public Law 94-376 94th Congress

•i£ <yi

An Act Aug. 4, 1976 [S. 2054]

To amend sections 203 and 204 of the Communications Act of 1934.

Be it enacted by the Senate and House of Representatives of the Communications United States of America in Congress assembled, That section 203(b) Act of 1934, of the Communications Act of 1934 (47 U.S.C. 2 0 3 (b)) is amended to amendments. read as follows: Common carriers, " (b)(1) No change shall be made in the charges, classifications, notice to change regulations, or practices M-hich have been so filed and published except charges. after ninety days notice to the Commission and to the public, which shall be published in such form and contain such information as the Commission may by regulations prescribe. " (2) The Commission ma}^, in its discretion and for good cause shown, modify any requirement made by or under the authority of this section either in particular instances or by general order applicable to special circumstances or conditions except that the Commission may not require the notice period specified in paragraph (1) to be more than ninety days.". SEC. 2. Section 204 of the Communications Act of 1934 (47 U.S.C. 204) is amended to read as follows: New charges. " SEC. 204. (a) AVhenever there is filed with the Commission any new or revised charge, classification, regulation, or practice, the Commission may either upon complaint or upon its own initiative without complaint, upon reasonable notice, enter upon a hearing concerning the lawf ulness thereof; and pending such hearing and the decision thereon the Commission, upon delivering to the carrier or carriers affected thereby a statement in writing of its reasons for such suspension, may suspend the operation of such charge, classification, regulation, or practice, in whole or in part but not for a longer period than five months beyond the time Avhen it would otherwise go into effect; and after fvdl hearing the Commission may make such order with reference thereto as would be proper in a proceeding initiated after such charge, classification, regulation, or practice had become effective. If the proceeding has not been concluded and an order made within the period of the suspension, the proposed new or revised charge, classification, regulation, or practice shall go into effect at the end of such period; but in case of a proposed charge for a ncAv service or an increased charge, the Commission may by order require the interested carrier or carriers to keep accurate account of all amotmts received by reason of such charge for a new service or increased charge, specifying by whom and in whose behalf such amounts are paid, and upon completion of the hearing and decision may by further order require the interested carrier or carriers to refund, with interest, to the persons in whose behalf such amounts Mere paid, such portion of such charge for a new service or increased charges as by its decision shall be found not justified. A t any hearing involving a charge increased, or sought to be increased, the burden of proof to show that the increased charge, or proposed charge, is just and reasonable shall be upon the carrier, and the Commission shall give to the hearing and decision of such questions preference over all other questions pending before it and decide the same as speedily as possible.

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 PUBLIC LAW 94-376—AUG. 4, 1976 "(b) Notwithstanding the provisions of subsection (a) of this section, the Coiiiniission may allow part of a charge, classification, regulation, or practice to go into effect, based upon a written showing by the carrier or carriers affected, and an opportunity for written comment thereon by affected persons, that such partial authorization is just, fair, and reasonable. Additionally, or in combination with a partial authorization, the Commission, upon a similar showing, may allow all or part of a charge, classification, regulation, or practice to go into effect on a temporary basis pending further order of the Commission. Authorizations of temporary new or increased charges may include an accounting order of the type provided for in subsection (a).". Approved August 4, 1976.

LEGISLATIVE HISTORY: HOUSE REPORT No. 94-1315 accompanying H.R. 13961 (Comm. on Interstate and Foreign Commerce). SENATE REPORT No. 94-918 (Comm. on Commerce). CONGRESSIONAL RECORD, Vol. 122 (1976): May 27, considered and passed Senate. July 20, considered and passed House, amended, in lieu of H.R. 13961. July 2 1, Senate concurred in House amendment.

90 STAT. 1081

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 PUBLIC LAW 94-377—AUG. 4, 1976

90 STAT. 1083

Public Law 94-377 94th Congress An Act To amend the Mineral Leasing Act of 1920, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) this Act may be cited as the " Federal Coal Leasing Amendments Act of 1975". (b) Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision of the ^lineral L and s Leasing Act, the reference shall be considered to be made to a section or other provision of the Act of February 25, 1920, entitled " A n Act to promote the mining of coal, phosphate, oil, oil shale, gas, and sodium on the public domain" (41 Stat. 437). SEC. 2. The first sentence of section 2(a) of the Mineral L and s Leasing Act (oO U.S.C. 2 0 1 (a)) is amended to read as follows: " (1) The Secretary of the Interior is authorized to divide any lands subject to this Act which have been classified for coal leasing into leasing tracts of such size as he finds a p p r o p r i a t e and in the public interest and which will permit the mining of all coal which can be economically extracted in such tract and thereafter he shall, in his discretion, upon the request of any qualified applicant or on his own motion, from time to time, offer such lands for leasing and shall award leases thereon by competitive bidding. No less than 50 per centum of the total acreage offered for lease by the Secretary in any one year shall be leased under a system of deferred bonus payment. Upon default or cancellation of any coal lease for which bonus payments are due, any unpaid remainder of the bid shall be immediately payable to the United States. A reasonable number of leasing tracts shall be reserved and offered for lease in accordance with this section to public bodies, including Federal agencies, r u r a l electric cooperatives, or nonprofit corporations controlled by any of such entities: Provided, That the coal so offered for lease shall be for use by such entity or entities in implementing a definite plan to produce energy for their own use or for sale to their members or customers (except for short-term sales to other s). No bid shall be accepted which is less than the fair market value, as determined by the Secretary, of the coal subject to the lease. P r i o r to his determination of the fair market value of the coal subject to the lease, the Secretary shall give opportunity for and consideration to public comments on the fair market value. Nothing in this section shall be construed to require the Secretary to make public his judgment as to the fair market value of the coal to be leased, or the comments he receives thereon prior to the issuance of the lease.". SEC. 3. The last sentence of section 2(a) of the Mineral L and s Leasing Act (30 U.S.C. 2 0 1 (a)) is amended to read as follows: " (2)(A) The Secretary shall not issue a lease or leases under the terms of this Act to any person, association, corporation, or any subsidiary, affiliate, or persons controlled by or under common control w i t h such person, association, or corporation, where any such entity holds a lease or leases issued by the United States to coal deposits and has held such lease or leases for a period of ten years when such

Aug. 4, 1976 [S. 391] Federal Coal Leasing Amendments Act of 1975. 30 USC 181 note. 30 USC 181 note

••.. r. ^. •

Fair market value.

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 90 STAT. 1084

^ j^;. ''y^

Land-use plans.

V .

Proposed plans; hearing.

PUBLIC LAW 94-377—AUG. 4, 1976 entity is not, except as provided for in section 7(b) of this Act, producing coal from the lease deposits in commercial quantities. In computing the ten-year period referred to in the preceding sentence, periods of time prior to the date of enactment of the Federal Coal Leasing Amendments Act of 1975 shall not be counted. "(B) Any lease proposal which permits surface coal mining within the boundaries of a National Forest which the Secretary proposes to issue under this Act shall be submitted to the Governor of each State within which the coal deposits subject to such lease are located. No such lease may be issued under this Act before the expiration of the sixty-day period beginning on the date of such submission. If any Governor to whom a proposed lease was submitted under this subparagraph objects to the issuance of such lease, such lease shall not be issued before the expiration of the six-month period beginning on the date the Secretary is notified by the Governor of such objection. During such six-month period, the Governor may submit to the Secretary a statement of reasons why such lease should not be issued and the Secretary shall, on the basis of such statement, reconsider the issuance of such lease. "(3)(A)(i) No lease sale shall be held unless the lands containing the coal deposits have been included in a comprehensive land-use plan and such sale is compatible with such plan. The Secretary of the Interior shall prepare such land-use plans on lands under his responsibility where such plans have not been previously prepared. The Secretary of the Interior shall inform the Secretary of Agriculture of substantial development interest in coal leasing on lands within the National Forest System. Upon receipt of such notification from the Secretary of the Interior, the Secretary of Agriculture shall prepare a comprehensive land-use plan for such areas where such plans have not been previously prepared. The plan of the Secretary of Agriculture shall take into consideration the proposed coal development in these lands: Pro^ndecL That where the Secretary of the Interior finds that because of non-Federal interest in the surface or because the coal resources are insufficient to justify the preparation costs of a Federal comprehensive land-use plan, the lease sale can be held if the lands containing the coal deposits have been included in either a comprehensive land-use plan prepared by the State within which the lands are located or a land use analysis prepared by the Secretary of the Interior. " (ii) In preparing such land-use plans, the Secretary of the Interior or, in the case of lands within the National Forest System, the Secretary of Agriculture, or in the case of a finding by the Secretary of the Interior that because of non-Federal interests in the surface or insufficient Federal coal, no Federal comprehensive land-use plans can be appropriately prepared, the responsible State entity shall consult with appropriate State agencies and local governments and the general public and shall provide an opportunity for public hearing on proposed plans prior to their adoption, if requested by any person having an interest which is, or may be, adversely affected by the adoption of such plans. " (iii) Ijeases covering lands the surface of which is under the jurisdiction of any Federal agency other than the Department of the Interior may be issued only upon consent of the other Federal agency and upon such conditions as it may prescribe with respect to the use and protection of the nonmineral interests in those lands. "(B) Each land-use plan prepared by the Secretary (or in the case of lands within the National Forest System, the Secretary of

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 PUBLIC LAW 94-377—AUG. 4, 1976 Agriculture pursuant to subparagraph (A)(i)) shall include an assessment of the amount of coal deposits in such land, identifying the amount of such coal which is recoverable by deep mining operations and the amount of such coal which is recoverable by surface mining operations. "(C) Prior to issuance of any coal lease, the Secretary shall consider effects which mining of the proposed lease might have on an impacted community or area, including, but not limited to, impacts on the environment, on agricultural and other economic activities, and on public services. Prior to issuance of a lease, the Secretary shall evaluate and compare the effects of recovering coal by deep mining, by surface mining, and by any other method to determine which method or methods or sequence of methods achieves the maximum economic recovery of the coal within the proposed leasing tract. This evaluation and comparison by the Secretary shall be in writing but shall not prohibit the issuance of a lease; however, no mining operating plan shall be approved which is not found to achieve the maximum economic recovery of the coal within the tract. Public hearings in the area shall be held by the Secretary prior to the lease sale. "(D) No lease sale shall be held until after the notice of the proposed offering for lease has been given once a week for three consecutive weeks in a newspaper of general circulation in the county in which the lands are situated in accordance with regulations prescribed by the Secretary. " (E) Each coal lease shall contain provisions requiring compliance with the Federal Water Pollution Control Act (33 U.S.C. 1151-1175) and the Clean Air Act (42 U.S.C. 1857 and following).". SEC. 4. Subject to valid existing rights, section 2(b) of the Mineral Lands Leasing Act (30 U.S.C. 201 (b)) is amended to read as follows: "(b)(1) The Secretary may, under such regulations as he may prescribe, issue to any person an exploration license. No person may conduct coal exploration for commercial purposes for any coal on lands subject to this Act without such an exploration license. Each exploration license shall be for a term of not more than two years and shall be subject to a reasonable fee. An exploration license shall confer no right to a lease under this Act. The issuance of exploration licenses shall not preclude the Secretary from issuing coal leases at such times and locations and to such persons as he deems appropriate. No exploration license will be issued for any land on which a coal lease has been issued. A separate exploration license will be required for exploration in each State. An application for an exploration license shall identify general areas and probable methods of exploration. Each exploration license shall contain such reasonable conditions as the Secretary may require, including conditions to insure the protection of the environment, and shall be subject to all applicable Federal, State, and local laws and regulations. Upon violation of any such conditions or laws the Secretary may revoke the exploration license. " (2) A licensee may not cause substantial disturbance to the natural land surface. He may not remove any coal for sale but may remove a reasonable amount of coal from the lands subject to this Act included under his license for analysis and study. A licensee must comply with all applicable rules and regulations of the Federal agency having jurisdiction over the surface of the lands subject to this Act. Exploration licenses covering lands the surface of which is under the jurisdiction of any Federal agency other than the Department of the Interior may be issued only upon such conditions as it may prescribe with respect to the use and protection of the nonmineral interests in those lands.

90 STAT. 1085

Hearings. Notice, publication in newspaper.

Compliance. 33 USC 1251 et seq. Exploration license, regulations.

Conditions.

Revocation.

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 90 STAT. 1086 Data.

Penalty.

Notice and hearing. Repeal. 30 USC 201-1 note. Logical mining unit. 30 USC 201. 30 USC 202a. Hearing.

Reserves.

Regulation.

PUBLIC LAW 94-377—AUG. 4, 1976

"(3) The licensee shall furnish to the Secretary copies of all data (including, but not limited to, geological, geophyscal, and core drilling analyses) obtained during such exploration. The Secretary shall maintain the confidentiality of all data so obtained until after the areas involved have been leased or until such time as he determines that making the data available to the public would not damage the competitive position of the licensee, whichever comes first. "(4) Any person who willfully conducts coal exploration for commercial purposes on lands subject to this Act without an exploration license issued hereunder shall be subject to a fine of not more than $1,000 for each day of violation. All data collected by said person on any li'ederal lands as a result of such violation shall be made immediately available to the Secretary, who shall make the data available to the public as soon as it is practicable. No penalty under this subsection shall be assessed unless such person is given notice and opportunity for a hearing with respect to such violation.". SEC. 5. (a) Subject to valid existing rights, subsections 2(c) and 2(d) of the Act of August 31, 1964 (78 Stat. 710; 30 U.S.C. 201-1) are hereby repealed. (b) Section 2 of the Mineral Lands Leasing Act is amended by the addition of the following new subsection at the end thereof: "(d)(1) The Secretary, upon determining that maximum economic recovery of the coal deposit or deposits is served thereby, may approve the consolidation of coal leases into a logical mining unit. Such consolidation may only take place after a public hearing, if requested by any person whose interest is or may be adversely affected. A logical mining unit is an area of land in which the coal resources can be developed in an efficient, economical, and orderly manner as a unit with due regard to conservation of coal reserves and other resources. A logical mining unit may consist of one or more Federal leaseholds, and may include intervening or adjacent lands in which the United States does not own the coal resources, but all the lands in a logical mining unit must be under the eflfective control of a single operator, be able to be developed and operated as a single operation and be contiguous. " (2) After the Secretary has approved the establishment of a logical mining unit, any mining plan approved for that unit must require such diligent development, operation, and production that the reserves of the entire unit will be mined within a period established by the Secretary which shall not be more than forty years. " (3) In approving a logical mining unit, the Secretary may provide, among other things, that (i) diligent development, continuous operation, and production on any Federal lease or non-Federal land in the logical mining unit shall he. construed as occurring on all Federal leases in that logical mining unit, and (ii) the rentals and royalties for all Federal leases in a logical mining unit may be combined, and advanced royalties paid for any lease within a logical mining unit may be credited against such combined royalties. " (4) The Secretary may amend the provisions of any lease included in a logical mining unit so that mining under that lease will be consistent with the requirements imposed on that logical mining unit. "(5) Leases issued before the date of enactment of this Act may be included with the consent of all lessees in such logical mining unit, and, if so included, shall be subject to the provisions of this section. "(6) By regulation the Secretary may require a lessee under this Act to form a logical mining unit, and may provide for determination of participating acreage within a unit.

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