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Page:United States Statutes at Large Volume 95.djvu/1335

 PUBLIC LAW 97-98—DEC. 22, 1981

95 STAT. 1309

CONFORMING AMENDMENT

SEC. 1426. Section 1429 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3191) is amended by revising the last sentence thereof to read as follows: "It is recognized that the total animal health and disease research and extension efforts of the several State colleges and universities and of the Federal Government would be more effective if there were close coordination between such programs, and it is further recognized that colleges and universities having accredited schools or colleges of veterinary medicine and State agricultural experiment stations that conduct animal health and disease research are especially vital in training research workers in animal health.". ELIGIBLE INSTITUTIONS FOR ANIMAL HEALTH AND DISEASE RESEARCH FUNDS

SEC. 1427. Section 1430 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3192) is amended by amending paragraphs (1) and (2) to read as follows: "(1) the term 'eligible institution' means an accredited school "Eligible or college of veterinary medicine or a State agricultural experi- institution." ment station that conducts animal health and disease research; "(2) the term 'dean* means the dean of an accredited school or "Dean." college of veterinary medicine;". ANIMAL H E A L T H SCIENCE RESEARCH ADVISORY BOARD

SEC. 1428. Section 1432(a) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3194(a)) is amended by striking out "of five years" and inserting in lieu thereof "that expires September 30, 1985'' APPROPRIATIONS FOR ANIMAL HEALTH AND DISEASE RESEARCH PROGRAMS AT ELIGIBLE INSTITUTIONS

SEC. 1429. Section 1433(a) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3195(a)) is amended by striking out the nrst sentence and inserting in lieu thereof: "There are authorized to be appropriated such funds as Congress may determine necessary to support continuing animal health and disease research programs at eligible institutions, but not to exceed $25,000,000 annually for the period beginning October 1, 1981, and ending September 30, 1985, and not in excess of such sums as may after the date of enactment of this title be authorized by law for any subsequent fiscal year.". APPROPRIATIONS FOR RESEARCH ON SPECIFIC NATIONAL OR REGIONAL ANIMAL HEALTH OR DISEASE PROBLEMS

SEC. 1430. (a) Section 1434(a) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3196(a)) is amended to read as follows: "(a) There are authorized to be appropriated such funds as Congress may determine necessary to support research on specific national or regional animal health or disease problems, but not to exceed $35,000,000 annually for the period beginning October 1, 1981, and ending September 30, 1985, and not in excess of such sums as may

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Page:United States Statutes at Large Volume 95.djvu/1336

 95 STAT. 1310

7 USC 3197.

Priority lists.

PUBLIC LAW 97-98—DEC. 22, 1981

after the date of enactment of this title be authorized by law for any subsequent fiscal year.". (b) Section 1434(b) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3196(b)) is amended to read as follows: "(b) Notwithstanding the provisions of section 1435 of this title, funds appropriated under this section shall be awarded in the form of grants, for periods not to exceed five years, to eligible institutions.". (c) Section 1434 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3196) is amended by adding at the end thereof the following new subsections: "(c) In order to establish a rational allocation of funds appropriated under this section, the Secretary shall establish annually priority lists of animal health and disease problems of national or regional significance. Such lists shall be prepared after consultation with the Joint Council, the Advisory Board, and the Board. Any recommendations made in connection with such consultation shall not be controlling on the Secretary's determination of priorities. In establishing such priorities, the Secretary, the Joint Council, the Advisory Board, and the Board shall consider the following factors: "(1) any health or disease problem which causes or may cause significant economic losses to any part of the livestock production industry; "(2) whether current scientific knowledge necessary to prevent, cure, or abate such a health or disease problem is adequate; and "(3) whether the status of scientific research is such that accomplishments may be anticipated through the application of scientific effort to such health or disease problem. "(d) Without regard to any consultation under subsection (c), the Secretary shall, to the extent feasible, award grants to eligible institutions on the basis of the priorities assigned through a peer review system. Grantees shall be selected on a competitive basis in accordance with such procedures as the Secretary may establish. "(e) In the case of multiyear grants, the Secretary shall distribute funds to grant recipients on a schedule which is reasonably related to the timetable required for the orderly conduct of the research project involved.". EXTENSION AT 1890 LAND-GRANT COLLEGES, INCLUDING TUSKEGEE INSTITUTE

SEC. 1431. Section 1444 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3221) is amended by(1) inserting "and ending with the fiscal year ending September 30, 1981," in the second sentence of subsection (a) immediately after "Beginning with the fiscal year ending September 30, 1979,"; (2) inserting immediately after the second sentence of subsection (a) a new sentence as follows: "Beginning with the fiscal year ending September 30, 1982, there shall be appropriated under this section an amount not less than 5V2 per centum, and for each fiscal year thereafter, through the fiscal year ending September 30, 1985, an amount not less than 6 per centum of the total appropriations for such year under the Act of May 8, 1914 (7 U.S.C. 341 etseq.).";

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 PUBLIC LAW 97-98—DEC. 22, 1981

95 STAT. 1311

(3) inserting "current at the time each such additional sum is first appropriated" in subsection (b)(2)(B) after "the last preceding decennial census" both times it appears; (4) striking out "administrative head for extension" in subsection (c) and inserting in lieu thereof "extension administrator", and inserting "and each five years thereafter" before the period; and (5) striking out "submitted by the proper officials of each institution," in subsection (d) and inserting in lieu thereof "submitted, as part of the State plan of work,". AGRICULTURE RESEARCH IN 1890 LAND-GRANT COLLEGES, INCLUDING TUSKEGEE INSTITUTE

SEC. 1432. (a) Section 1445 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3222) is amended byC adding at the end of subsection (b)(1) a new sentence as D follows: "These administrative funds may be used for transportation of scientists who are not officers or employees of the United States to research meetings convened for the purpose of assessing research opportunities or research planning.; (2) inserting "current at the time each such additional sum is first appropriated" in subsection (b)(2)(B) after "the last preceding decennial census" both times it appears; and (3) striking out "chief administrative officer" each time it appears in subsections (c) and (d) and inserting in lieu thereof "research director" (b)(1) The Secretary of Agriculture shall make a grant of funds 7 USC 3222 note. appropriated under paragraph (5) of this subsection to the one college of all the colleges el^ble to receive funds under the Act of August 30, 1890 (7 U.S.C. 321 et seq.), including Tuskegee Institute, which on the date of the enactment of this title— (A) has initiated a dairy goat research program; and (B) has the best demonstrable capacity to carry out dairy goat research. (2) Any grant received under paragraph (1) by such college may be expended to— (A) pay expenses incurred in conducting dairy goat research; (B) print and disseminate the results of such research; (C) contribute to the retirement of employees engaged in such research; (D) plan, administer, and direct such research; and (E) construct, acquire, alter, and repair buildings necessary to conduct such research. (3)(A) Under the terms of such grant, funds appropriated under paragraph (5) of this subsection for a fiscal year shall be paid to such college in equal quarterly installments beginning on or about the first day of October of such year upon vouchers approved by the Secretary of Agriculture. (B) Not later than sixty days after the end of each fiscal year for which funds are paid under this subsection to such college, the research director of such college shall submit to the Secretary a detailed statement of the disbursements in such fiscal year of funds received by such college under this subsection. (C) If any of the funds so received by such college are by any action or contingency misapplied, lost, or diminished, then— (i) such college shall replace such funds; and

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 95 STAT. 1312

Appropriation authorization.

PUBLIC LAW 97-98—DEC. 22, 1981

(ii) the Secretary shall not distribute to such college any other funds under this subsection until such replacement is made. (4) For purposes of section 1445(e) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3222(e)), research and experiments funded under this subsection shall be deemed to be research and experiments funded under section 1445 of such Act. (5) There is authorized to be appropriated to the Secretary to carry out this subsection, for each of the fiscal years ending September 30, 1982, September 30, 1983, September 30, 1984, and September 30, 1985, an amount equal to one per centum of the aggregate amount of funds appropriated under section 1445 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3222) in the fiscal year preceding the fiscal year for which funds are authorized to be appropriated under this paragraph. AUTHORITY TO AWARD GRANTS TO UPGRADE 1890 LAND-GRANT COLLEGE RESEARCH FACILITIES

7 USC 3223.

Appropriation authorization.

SEC. 1433. (a) It is hereby declared to be the intent of Congress to assist the institutions eligible to receive funds under the Act of August 30, 1890 (7 U.S.C. 321 et seq.), including Tuskegee Institute (hereinafter referred to in this section as "eligible institutions''), in the acquisition and improvement of research facilities and equipment so that eligible institutions may participate fully with the State agriculture^ experiment stations in a balanced attack on the research needs of the people of their States. (b) There are authorized to be appropriated to the Secretary of Agriculture for the purpose of carrying out the provisions of this section $10,000,000 for each of the fiscal years enduig September 30, 1982, September 30, 1983, September 30, 1984, September 30, 1985, and September 30, 1986, such sums to remain available until expended. (c) Four per centum of the sums appropriated pursuant to this section shall be available to the Secretary for administration of this grants program. The remaining funds shall be available for grants to the eligible institutions for the purpose of assisting them in the purchase of equipment and land, and the planning, construction, alteration, or renovation of buildings to strengthen their capacity to conduct research in the food and agricultural sciences. (d) Grants awarded pursuant to this section shall be made in such amounts and under such terms and conditions as the Secretary shall determine necessary for carrying out the purposes of this section. (e) Federal funds provided under this section may not be utilized for the payment of any overhead costs of the el^ble institutions. (f) The Secretary may promulgate such rules and regulations as the Secretary may deem necessary to carry out the provisions of this section. AUTHORIZATION FOR APPROPRIATIONS FOR SOLAR ENERGY MODEL FARMS AND DEMONSTRATION PROJECTS

SEC 1434. Section 1454 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3263) is amended by striking "September 30, 1981" and inserting in lieu thereof "September 30, 1985".

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 PUBLIC LAW 97-98—DEC. 22, 1981

95 STAT. 1313

SOLAR ENERGY DEFINITION

SEC. 1435. Section 1457 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3282) is amended to read as follows: "SEC. 1457. For purposes of this subtitle, the term 'solar energy' means energy derived from sources (other than fossil fuels) and technologies included in the Federal Non-Nuclear Energy Research and Development Act of 1974, as amended.". 42 USC 5901 INTERNATIONAL AGRICULTURAL RESEARCH AND EXTENSION

SEC. 1433. Section 1458 of the National Agricultural Research Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3291) is amended to read as follows: "SEC. 1458. (a) The Secretary, subject to such coordination with other Federal officials, departments, and agencies as the President may direct, is authorized to— "(1) expand the operational coordination of the Department of Agriculture with institutions and other persons throughout the world performing agricultural and related research and extension activities by exchanging research materials and results with such institutions or persons and by conducting with such institutions or persons joint or coordinated research and extension on problems of significance to food and agriculture in the United States; "(2) assist the Agency for International Development with food, agricultural, research and extension programs in developing countries; "(3) work with developed and transitional countries on food, agricultural and related research and extension, including the training of persons from such countries engaged in such activities and the stationing of scientists at national and international institutions in such countries; "(4) assist United States collies and universities in strengthening their capabilities for food, agricultural, and related research and extension relevant to agricultural development activities in other countries; and "(5) further develop within the Department of Agriculture highly qualified and experienced scientists who specialize in international programs, to be available for the activities described in this section. "(b) The Secretary shall draw upon and enhance the resources of the land;^ant collies and universities, and other colleges and universities, for developing linkages among these institutions, the Federal Government, international research centers, and counterpart agencies and institutions in both the developed and less-developed countries to serve the purposes of agriculture and the economy or the United States and to make a substantial contribution to the cause of improved food and agricultural progress throughout the world. "(c) The Secretary may provide specialized or technical services, on an advance of funds or a reimbursable basis, to United States colleges and universities carrying out international food, agricultural, and related research, extension, and teaching development projects and activities. All funds received in payment for furnishing such specialized or technical services shall be deposited to the credit of the

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PUBLIC LAW 97-98—DEC. 22, 1981

appropriation from which the cost of providing such services has been paid or is to be charged.". AUTHORIZATION FOR APPROPRIATIONS FOR EXISTING AND CERTAIN NEW AGRICULTURAL RESEARCH PROGRAMS

Ante, p. 1303. Ante, p. 1309. J^usc 3195, 3196.

SEC. 1437. Section 1463 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3311) is amended by(1) striking out "and $780,000,000 for the fiscal year ending September 30, 1982," in subsection (a) and inserting in lieu thereof "$780,000,000 for the fiscal year ending September 30, 1982, $780,000,000 for the fiscal year ending September 30, 1983, $835,000,000 for the fiscal year ending September 30, 1984, and $890,000,000 for the fiscal year ending September 30, 1985,"; (2) striking out "and $220,000,000 for the fiscal year ending September 30, 1982," in subsection (b) and inserting in lieu thereof "$220,000,000 for the fiscal year ending September 30, 1982, $230,000,000 for the fiscal year ending September 30, 1983, $240,000,000 for the fiscal year ending September 30, 1984, and $250,000,000 for the fiscal year ending September 30, 1985,"; and (3) adding at the end thereof a new subsection as follows: "(c) Notwithstanding any other provision of law effective beginning October 1, 1983, not less than 25 per centum of the total funds appropriated to the Secretary in any fiscal year for the conduct of the cooperative research program provided for under the Act of March 2, 1887, commonly known as the Hatch Act (7 U.S.C. 361a et seq.); the cooperative forestry research program provided for under the Act of October 10, 1962, commonly known as the Mclntire-Stennis Act (16 U.S.C. 582a et seq.); the special and competitive grants programs provided for in sections 2(b) and 2(c) of the Act of August 4, 1965 (7 U.S.C. 4501); the animal health research program provided for under sections 1433 and 1434 of this title; the native latex research program provided for in the Native Latex Commercialization and Economic Development Act of 1978 (7 U.S.C. 178 et seq.); and the research provided for under various statutes for which fluids are appropriated under the Agricultural Research heading or a successor heading, shall be appropriated for research at State agricultural experiment stations pursuant to the provision of the Act of March 2, 1887.". AUTHORIZATION FOR APPROPRIATIONS FOR EXTENSION PROGRAMS

SEC. 1438. Section 1464 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3312) is amended by striking out "and $350,000,000 for the fiscal year ending September 30, 1982," and inserting in lieu thereof "$350,000,000 for the fiscal year ending September 30, 1982, $360,000,000 for the fiscal year ending September 30, 1983, $370,000,000 for the fiscal year ending September 30, 1984, and $380,000,000 for the fiscal year ending September 30, 1985,". MISCELLANEOUS PROVISIONS

SEC. 1439. (a) The National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3101 et seq.) is amended by adding in subtitle K the following new sections:

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 PUBLIC LAW 97-98—DEC. 22, 1981

95 STAT. 1315

"PROGRAM EVALUATION STUDIES

"SEC. 1471. (a) The Secretary shall regularly conduct program '^ use 3317. evaluations to meet the purposes of this title and the responsibilities assigned to the Secretary and the Department of Agriculture in this title. Such evaluations snail be designed to provide information that may be used to improve the administration and effectiveness of agricultural research, extension, and teaching programs in achieving their stated objectives. "(b) The Secretary is authorized to encourage and foster the regular evaluation of agricultural research, extension, and teaching programs within the State agricultural experiment stations, cooperative extension services, and colleges and universities, through the development and support of cooperative evaluation programs and program evaluation centers and institutes. "GENERAL AUTHORITY TO ENTER INTO CONTRACTS, GRANTS, AND COOPERATIVE AGREEMENTS

"SEC. 1472. (a) The purpose of this section is to confer upon the ^ use 3318. Secretary general authority to enter into contracts, grants, and cooperative agreements to further the research, extension, or teaching programs m the food and agricultural sciences of the Department of Agriculture. This authority supplements all other laws relating to the Department of Agriculture and is not to be construed as limiting or repealing any existing authorities. "(b) The Secretary may enter into contracts, grants, or cooperative agreements, for periods not to exceed five years, with State agricultursil experiment stations. State cooperative extension services, all colleges and universities, other research or education institutions and organizations. Federal and private agencies and organizations, individuals, and any other contractor or recipient, either foreign or domestic, to further research, extension, or teaching programs in the food and agricultural sciences of the Department of Agriculture. "(c) The Secretary may vest title to expendable and nonexpendable equipment and supplies and other tangible personal property in the contractor or recipient when the contractor or recipient purchases such equipment, supplies, and property with contract, grant, or cooperative agreement funds and the Secretary deems such vesting of title a furtherance of the agricultural research, extension, or teaching objectives of the Department of Agriculture. "(d) Unless otherwise provided in this title, the Secretary may enter into contracts, grante, or cooperative agreements, as authorized by this section, without regard to any requirements for competition, the provisions of section 3709 of the Revised Statutes (41 U.S.C. 5), and the provisions of section 3648 of the Revised Statutes (31 U.S.C. 529). "RESTRICTION ON TREATMENT OF INDIRECT COSTS AND TUITION

REMISSION

"SEC. 1473. Funds made available by the Secretary under estab- 7 USC 3319. lished Federal-State partnership arrangements to State cooperative institutions under the Acts referred to in section 1404(16) of this title ^"-te, p. 1297. and funds made available under subsection (c)(2) and subsection (d) of section 2 of the Act of August 4, 1965 (7 U.S.C. 450i) shall not be Ante, p. 1304. sub^'ect to reduction for indirect costs or for tuition remission. No indirect costs or tuition remission shall be charged against funds in

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 95 STAT. 1316

PUBLIC LAW 97-98—DEC. 22, 1981

connection with cooperative agreements between the Department of Agriculture and State cooperative institutions if the cooperative program or project involved is of mutual interest to all the parties and if all the parties contribute to the cooperative agreement involved.". (b) The table of contents of the Food and Agriculture Act of 1977 is amended by inserting immediately after the item relating to section 1470 the following new items: "Sec. 1471. Program evaluation studies. "Sec. 1472. General authority to enter into contracts, grants, and cooperative agreements. "Sec. 1473. Restriction on treatment of indirect costs and tuition remission.". AQUACULTURE AND RANGELAND RESEARCH

SEC. 1440(a). The National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3101 et seq.) is amended by adding at the end thereof the following new subtitles L and M: "Subtitle L—Aquaculture "PURPOSE

7 USC 3321. Infra94 Stat. 1198.

"SEC. 1474. It is the purpose of this subtitle to promote research and extension activities of the institutions hereinafter referred to in section 14750)), and to coordinate their efforts as an integral part in the implementation of the National Aquaculture Act of 1980 (16 U.S.C. 2801 et seq.) by encouraging landowners, individuals, and commercial institutions to develop aquaculture production and facilities and sound aquacultural practices that will, through research and technology transfer programs, provide for the increased production and marketing of aquaculturalroodproducts. "AQUACULTURE ASSISTANCE PROGRAMS

7 USC 3322.

"SEC. 1475. (a) The Secretary may develop and implement a cooperative research and extension program to encourage the development, management, and production of important aquatic food species within the several States and territories of the United States, in accordance with the national aquaculture development plan, and revisions thereto, developed under the National Aquaculture Act of 1980. "(b) The Secretary may make grants to— "(1) land-grant colleges and universities; "(2) State agricultural experiment stations; and "(3) colleges, universities, and Federal laboratories having a demonstrable capacity to conduct aquacultural research, as determined by the Secretary; for research and extension to facilitate or expand promising advances in the production and marketing of aquacultural food species and producte. Except in the case of Federal laboratories, no grant may be made under this subsection unless the State in which the grant recipient is located makes a matching grant to such recipient equal to the amount of the grant to be made under this subsection, and unless the grant is in implementation of the national aquaculture development plan, and revisions thereto, developed under the National Aquaculture Act of 1980.

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 PUBLIC LAW 97-98—DEC. 22, 1981

95 STAT. 1317

"(c) The Secretary may assist States to formulate aquaculture development plans for the enhancement of the production and marketing of aquacultural species and products from such States and may make grants to States on a matching basis, as determined by the Secretary. The aggregate amount of the grants made to any one State under this subsection may not exceed $50,000. The plans shall be consistent with the national aquaculture development plan, and revisions thereto, developed under the National Aquaculture Act of 1980. "(d) To provide for aquacultural research, development, and demonstration projects having a national or regional application, the Secretary may establish in existing Federal facilities or in cooperation with State agencies (including State departments of agriculture), and land-grant colleges and universities, up to four aquacultural research, development, and demonstration centers in the United States for the performance of aquacultural research, extension work, and demonstration projects. Funds made available for the operation of such regional centers may be used for the rehabilitation of existing buildings or facilities to house such centers, but may not be used for the construction or acquisition of new buildings or facilities. "(e) Not later than one year after the effective date of this subtitle and not later than March 1 of each subsequent year, the Secretary shall submit a report to the President, the House Committee on Agriculture, the House Committee on Appropriations, the Senate Committee on Agriculture, Nutrition, and Forestry, and the Senate Committee on Appropriations, containing a summary outlining the progress of the Department of Agriculture in meeting the purposes of the programs established under this subtitle.

94 Stat. 1198. 16 USC 2801 note.

Report to President and congressional committees.

AQUACULTURE ADVISORY BOARD

"SEC. 1476. (a) The Secretary shall establish within the Department of Agriculture a board to be known as the Aquaculture Advisory Board (hereinafter in this subtitle referred to as the 'Board') which shall have a term that expires September 30, 1985, and which shall be composed of the following twelve members appointed by the Secretary— "(1) four representatives of agencies of the Department of Agriculture which have significant research, extension, or teaching responsibilities; "(2) two representatives of cooperative extension services; "(3) two representatives of State agricultural experiment stations; and "(4) four representatives of national aquaculture organizations. Members of the Board shall serve without compensation, if-not otherwise officers or employees of the United States. While away from their homes or regular places of business in the performance of services for the Board, members of the Board shall be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in the Government service are allowed expenses under sections 5701 through 5707 of title 5, United States Code. "(b) The board shall meet at the call of the Secretary, but at least annually, to consult with and advise the Secretary with respect to the implementation of this subtitle and to recommend priorities for the conduct of research and extension programs authorized in this

Establishment. 7 USC 3323.

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 95 STAT. 1318

PUBLIC LAW 97-98—DEC. 22, 1981

subtitle, under such rules and procedures for conducting business as the Secretary may, in the Secretary's discretion, prescribe. "AUTHORIZATION OF APPROPRIATIONS

7 USC 3324.

"SEC. 1477. (a) There is authorized to be appropriated $7,500,000 for each fiscal year beginning after the effective date of this subtitle, and ending with the fiscal year ending September 30, 1985, and not in excess of such sums as may after the date of enactment of this subtitle be authorized by law for any subsequent fiscal year. "(b) Funds appropriated under subsection (a) shall be allocated by the Secretary for work to be done as mutually agreed upon between the Secretary and the institutions described in section 1475(b). The Secretary shall, whenever possible, consult with the Board in developing plans for the use of these funds. "Subtitle M—Rangeland Research "PURPOSE

7 USC 3331.

"SEC. 1478. It is the purpose of this subtitle to promote the general welfare through improved productivity of the Nation's rangelands, which comprise 60 per centum of the land area of the United States. Most of these rangelands are unsuited for cultivation, but produce a great volume of forage that is inedible by humans but readily converted, through an energy efficient process, to high quality food protein by grazing animals. These native grsizing Iands, are located throughout the United States and are important resources for major segments of the Nation's livestock industry. In addition to the many livestock producers directly dependent on rangelands, other segments of agriculture are indirectly dependent on range-fed livestock and on range-produced forage that can be substituted for grain in times of grain scarcity. Recent resource assessments indicate that forage production of rangeland can be increased at least 100 per centum through development and application of improved range management practices while simultaneously enhancing wildlife, watershed, recreational, and aesthetic values and reducing hazards of erosion and flooding. "RANGELAND RESEARCH PROGRAM

7 USC 3332. 16 USC 1600 ^°^-

"SEC. 1479. The Secretary may develop and implement a cooperative rangeland research program in coordination with the program carried out under the Renewable Resources Extension Act of 1978 to improve the production and quality of desirable native forages or introduced forages which are managed in a similar manner to native forages for livestock and wildlife. 'The program shall include studies of: (1) management of rangelands and agricultural land as integrated systems for more efficient utilization of crops and waste products in the production of food and fiber; (2) methods of managing rangeland watersheds to maximize efficient use of water and improve water yield, water quality, and water conservation, to protect against onsite and offsite damage of rangeland resources from floods, erosion, and other detrimental influences, and to remedy unsatisfactory and unstable rangeland conditions; (3) revegetation and rehabilitation of rangelands including the control of undesirable species of plants; and (4) such other matters as the Secretary considers appropriate.

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95 STAT. 1319

"RANGELAND RESEARCH GRANTS

"SEC. 1480. The Secretary may make grants to land-grant colleges ^ USC 3333. and universities, State agricultural experiment stations, and to colleges, universities, and Federal laboratories having a demonstrable capacity in rangeland research, as determined by the Secretary, to carry out rangeland research. Except in the case of Federal laboratories, this grant program shall be based on a matching formula of 50 per centum Federal and 50 per centum non-Federal funding. "REPORTS

"SEC. 1481. Not later than one year after enactment of this subtitle, 7 USC 3334. and not later than March 1 of each successive year, the Secretary shall submit a report to the President, the House Committee on Agriculture, the House Committee on Appropriations, the Senate Committee on Agriculture, Nutrition, and Forestry, and the Senate Committee on Appropriations, outlining the progress of the Department of Agriculture in meeting the program requirements set forth in section 1479 of this subtitle. "RANGELAND RESEARCH ADVISORY BOARD

"SEC. 1482. (a) The Secretary shall establish a board to be known as Establishment. the Rangeland Research Advisory Board which shall have a term '^ use 3335. that expires September 30, 1985, and which shall be composed of the following twelve members appointed by the Secretary: "(1) four representatives of agencies of the Department of Agriculture which have significant research, extension, or teaching responsibilities; (2) four representatives of the State agricultural experiment stations; and "(3) four representatives of national rangeland and range livestock organizations. The members shall serve without compensation, if not otherwise officers or employees of the United States, except that they shall, while away from their homes or regular places of business in the performance of services for the Board, be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in the Government service are allowed expenses under sections 5701 through 5707 of title 5, United States Code. "(b) The Board shall meet at the call of the Secretary, but at least once annually, to consult with and advise the Secretary with respect to the implementation of this subtitle and to recommend priorities for the conduct of programs authorized under this subtitle, under such rules and procedures for conducting business as the Secretary shall prescribe. "APPROPRIATIONS

"SEC. 1483. (a) There are authorized to be appropriated, to imple- ? use 3336. ment the provisions of this subtitle, such sums not to exceed $10,000,000 annually for the period beginning October 1, 1981, and ending September 30, 1985, and thereafter such sums as may after the date of enactment of this subtitle be authorized by law for any subsequent fiscal year. "(b) Funds appropriated under this section shall be allocated by the Secretary to eligible institutions for work to be done as mutually agreed upon between the Secretary and the eligible institution or

89-194 O—82

85:QL3

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PUBLIC LAW 97-98—DEC. 22, 1981

institutions. The Secretary shall, whenever possible, consult with the Board in developing plans for the use of these funds.". 7 USC 1281 note. (b) The table of contents of the Food and Agriculture Act of 1977 is amended by adding at the end of title XIV the following new items: "SUBTITLE L—AQUACULTURE "Sec. 1474. Purpose. "Sec. 1475. Aquaculture assistance programs. "Sec. 1476. Aquaculture Advisory Board. "Sec. 1477. Authorization of appropriations. "SUBTITLE M-RANGELAND RESEARCH "Sec. "Sec. "Sec. "Sec. "Sec. "Sec.

1478. Purpose. 1479. Rangeland research program. 1480. Rangeland research grants. 1481. Reports. 1482. Rangeland Research Advisory Board. 1483. Appropriations.". COOPERATIVE STATE FORESTRY

16 USC 1600 note. 16 USC 2001 note.

Regulations.

eouncil, appointment.

Report.

Supra.

SEC. 1441. (a) Section 1 of the Act of October 10, 1962 (16 U.S.C. 582a), commonly known as the Mclntire-Stennis Act of 1962, is amended by adding at the end thereof the following: ' I t is also recognized that the provisions of this Act are essential to assist in providing the research background that undergirds the Forest and Rangeland Renewable Resources Planning Act of 1974, the Renewable Resources Extension Act of 1978, and the Soil and Water Resources Conservation Act of 1977.". (b) Section 2 of the Act of October 10, 1962 (16 U.S.C. 582a-l), is amended by adding at the end thereof the following: 'Tf more than one institution wimin a State are certified as qualli^yring for assistance, then it shall be the responsibility of such institutions, in agreement with the Secretary, to develop complementary programs of forestry research for the State.". (c) Sections 5 and 6 of the Act of October 10, 1962 (16 U.S.C. 582a-4 and 582a-5), are amended to read as follows: "SEC. 5. (a) The Secretary shall prescribe such regulations as may be necessanr to carry out this Act and to furnish such advice and assistance through a cooperative State forestry research unit in the Department as will best promote the purpcNses of this Act. (b) The Secretary shall appoint a council of not fewer than sixteen members which shall be constituted to give representation to Federal and State agencies concerned with developing and utilizing the Nation's forest resources, the forest industries, the forestry schools of the State-certified eligible institutions. State agricultural experiment stetions, and volunteer public groups concerned with forests and related natural resources. The council shall meet at least annually and shall submit a report to the Secretary on regional and national planning and coordination of forestry research within the Federal and State agencies, forestry schools, and the forest industries, and shall advise the Secretary on the apportionment of funds. The Secretary shall seek, at least once each year, the advice of the council to acconiplish efficiently the purposes of this Act. "SEC. 6. Apportionments among participating States shall be determined by the Secretary after consmtetion with the council appointed under section 5. In making such apportionments, consideration shall be given to pertinent factors including non-Federal expenditures for forestry research by State-certified eligible institutions, areas of non-

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Page:United States Statutes at Large Volume 95.djvu/1347

 PUBLIC LAW 97-98—DEC. 22, 1981

95 STAT. 1321

Federal commercial forest land, and the volume of timber cut annually. Three per centum of such funds as may be appropriated shall be made available to the Secretary for administration of this Act. These administrative funds may be used for transportation of scientists who are not officers or employees of the United States to research meetings convened for purposes of assessing research opportunities or research planning.". PROHIBITION AGAINST REDUCTION OP STATE FUNDS UPON INCREASE IN FEDERAL ALLOTMENT

SEC. 1442. (a) Section 3 of the Act of March 2, 1887 (7 U.S.C. 361c), commonly known as the Hatch Act, is amended by adding at the end thereof a new subsection (g) as follows: "(g) If in any year the amount made available by a State from its own funds (including any revenue-sharing funds) to a State agricultural experiment station is reduced because of an increase in the allotment made available under this Act, the allotment to the State agricultural experiment station from the appropriation in the next succeeding fiscal year shall be reduced in an equivalent amount. The Secretary shall reapportion the amount of such reduction to other States for use by their agricultural experiment stations.". (b) Section 4 of the Act of October 10, 1962 (16 U.S.C. 582a-3), commonly known as the Mclntire-Stennis Act, is amended by adding at the end thereof the following: "If in any year the amount made available by a State fii^m its own funds (including any revenuesharing funds) to a State-certified institution eligible for assistance under this Act is reduced because of an increase in the allotment made available under this Act, the allotment of such State-certified institution from the next succeeding appropriation shall be reduced in an equivalent amount. The &cretary shall reapportion the amount of such reduction to other eligible colleges and universities of the same State if there be any that qualify therefor and, if there be none, the Secretary shall reapportion such amount to the qualifying colleges and universities of other States participating in the forestry research program.". EXCESS FEDERAL PROPERTY

SEC. 1443. Section 202(d)(2) of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 483(d)(2)) is amended by— (1) striking out the word "or" at the end of subpargraph (C); (2) striking out the period at the end of subparagraph (D) and inserting in lieu thereof a semicolon and the word "or"; and (3) adding the following new subparagraph immediately after subparagraph (D): "(E) property furnished by the Secretary of Agriculture to any State or county extension service engaged in cooperative agricultural extension work pursuant to the Act of May 8, 1914 (7 U.S.C. 341 et seq.); any State experiment station engaged in cooperative agricultural research work pursuant to the Act of March 2, 1887 (7 U.S.C. 361a et seq.); and any institution engaged in cooperative agricultural research or extension work pursuant to sections 1433, 1434, 1444, or 1445 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3195, 3196, 3221, and 3222) or the Act of October 10, 1962 (16 U.S.C. 582a et seq.), where title is retained in the United States. For the purpose

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Page:United States Statutes at Large Volume 95.djvu/1348

 95 STAT. 1322 "State."

PUBLIC LAW 9 7 - 9 8 ~ D E C. 22, 1981 of this provision, the term 'State' means any one of the fifty States, the Commonwealth of Puerto Rico, Guam, American Samoa, the Commonwealth of the Northern Marianas, the Trust Territory of the Pacific Islands, the Virgin Islands of the United States, and the District of Columbia.". RURAL DEVELOPMENT AND SMALL FARM RESEARCH AND EXTENSION

7 USC 2661.

SEC. 1444. (a) Title V of the Rural Development Act of 1972 (7 U.S.C. 2661 et seq.) is amended by striking out sections 501 through 508 and inserting in lieu thereof the following: "SEC. 501. PURPOSES AND GOALS.—(a) The overall purpose of this title is to foster a beilanced national development that provides opportunities for increased numbers of the people of the United States to work and enjoy a high quality of life dispersed throughout our Nation by providing the essential knowledge necessary for successful programs of rural development. It is further the purpose of this title to— "(1) provide multistate regional agencies. States, counties, cities, multicounty planning and development districts, businesses, industries, Indian tribes on Federal and State reservations or other federally recognized Indian tribal groups and others involved with public services and investments in rural areas or that provide or may provide employment in these areas the best available scientific, technical, economic, organizational, environmental, and mansigement information and knowledge useful to them, and to assist and encourage them in the interpretation and application of this information to practical problems and needs in rural development; "(2) provide research and investigations in all fields that have as their purpose the development of useful knowledge and information to assist those planning, carrying out, managing, or investing in facilities, services, businesses, or other enterprises, public and private, that may contribute to rural development; "(3) increase the capabilities of, and encourage, colleges and universities to perform the vital public service roles of research, and the transfer and practical application of knowledge, in support of rural development; (4) expand small farm research and extend training and technical assistance to small farm families in assessing their needs and opportunities and in using the best available knowledge on sound economic approaches to small farm operations and on existing services offered by the Department of Agriculture and other public and private agencies and organizations to improve their income and to gain access to essential facilities and services; and "(5) support activities to supplement and extend programs that address special research and education needs in States experiencing rapid social and economic adjustments or unique problems caused by rural isolation and that address national and regional rural development policies, strategies, issues, and programs. "(b) the goals of this title are to— "(1) encourage and support rural United States, in order to help make it a better place to live, work, and enjoy life; (2) increase income and improve employment for persons in rural areas, including the owners or operators of small farms, small businesses, and rural youth;

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 PUBLIC LAW 97-98—DEC. 22, 1981

95 STAT. 1323

"(3) improve the quality and availability of essential community services and facilities in rural areas; "(4) improve the quantity and quality of rural housing; "(5) improve the rural management of natural resources so that the growth and development of rural communities needed to support the family farm may be accommodated with minimum effect on the natural environment and the agricultural land base; "(6) improve the data base for rural development decisionmaking at local, State, and national levels; and "(7) improve the problem solving and development capacities and effectiveness of rural governments, officials, institutions, communities, community leaders, and citizen groups in— "(A) improving access to Federal programs; "(B) improving targeting and delivery of technical assistance; "(C) improving coordination among Federal agencies, other levels of government, and institutions and private organizations in rural areas; and "(D) developing and disseminating better information about rural conditions. "SEC. 502. PROGRAMS AUTHORIZED.—The Secretary of Agriculture " use 2662. 7 may conduct, in cooperation and coordination with colleges and universities, the following programs to carry out the purposes and achieve the goals of this title. "(a) RURAL DEVELOPMENT EXTENSION PROGRAMS.—Rural development extension programs shall consist of the collection, interpretation, and dissemination of useful information and knowledge from research and other sources to units of multistate regional agencies. State, county, municipal, and other units of government, multicounty planning and development districts, organizations of citizens contributing to community and rural development, businesses, Indian tribes on Federal or State reservations or other federally recognized Indian tribal groups, and industries that employ or may employ people in rural areas. These programs also shall include technical services and educational activities, including instruction for persons not enrolled as students in colleges or universities, to facilitate and encourage the use and practical application of this information. These programs may also include feasibility studies and planning assistance. "(b) RURAL DEVELOPMENT RESEARCH.—Rural development research

shall consist of research, investigations, and basic feasibility studies in any field or discipline that may develop principles, facts, scientific and technical knowledge, new technology, and other information that may be useful to agencies of Federal, State, and local government, industries in rural areas, Indian tribes on Federal and State reservations or other federally recognized Indian tribal groups, and other organizations involved in community and rural development programs and activities in planning and carrying out such programs and activities or otherwise be practical and useful in achieving the purposes and goals of this title. "(c) SMALL FARM RESEARCH PROGRAMS.—Small farm research programs shall consist of programs of research to develop new approaches for initiating and upgrading small farm operations through management techniques, agricultural production techniques, farm machinery technologj', new products, new marketing techniques, and small farm finance; to develop new enterprises that can use labor, skills, or natural resources available to the small farm

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Page:United States Statutes at Large Volume 95.djvu/1350

 95 STAT. 1324

7 USC 2663.

PUBLIC LAW 97-98—DEC. 22, 1981

family; or that will help to increase the quality and availability of services and facilities needed by the small farm family. "(d) SMALL FARM EXTENSION PROGRAMS.—Small farm extension programs shall consist of extension programs to improve small farm operations, including management techniques, agricultural production techniques, farm machinery technology, marketing techniques and small mrm finance; to increase use by small farm families of existing services offered by the Department of Agriculture and other public and private agencies and organizations; to assist small farm families in establishing and operating cooperatives for the purpose of unproving then- family income from farming or other economic activities; to increase the quality and availability of services and facilities needed by small farm families; and to develop new enterprises that can use labor, skills, or natural resources available to the small farm familv. "(e) SPECIAL GRANTS PROGRAMS.—Special grants programs shall consist of extension and research programs to strengthen research and education on national and regionsQ issues in rural development, including the assessment of alternative policies and strategies for rural development and balanced growth; to develop alternative strategies for national and regional investment, and the creation of employment, in rural areas; to develop alternative energy policies to meet rural development needs; and to strengthen rural development programs of agencies of the Department of Agriculture and those in other Federal departments and agencies. "SEC. 503. APPROPRIATION AND ALLOCATION OF FUNDS.—(a) There are authorized to be appropriated such sums as are necessary to carry out the purposes of thus title. "(b) Such sums as are appropriated to carry out the provisions of sections 502(a) and 502(b) of mis title shall be distributed by the Secretary of Agriculture as follows: "(1) 4 per centum shall be retained by the Secretary for program administration and national coordination of State programs, and program assistance to the Stotes; "(2) 10 per centum shall be used to finance work serving two or more Stotes in which colleges or universities in two or more ' Stotes cooperate or that is conducted by one college or university to serve two or more Stotes: "(3) 20 per centum shall oe allocated equally among the Stotes; and "(4) 66 per centum shall be allocated to each Stote as follows: One-half m an amount that bears the same ratio to the total amount to be allotted as the rural population of the Stote bears to the total rural population of all the Stotes, as determined by the last preceding decennial census current at that time; and onehalf in an amount that bears the same ratio to the total amount to be allotted as the farm population of the Stote bears to the total farm population of all the States, as determined by the last preceding decennial census current at that time: Provided, That, beginning with the fiscal year ending September 30, 1982, no Stote may receive more than $75,000 until all Stotes have been allotted a minimum of $75,000. "(c) Such sums as are appropriated to carry out the provisions of section 502(e) of this title shall be distributed by the Secretary to colleges and universities, on a competitive or matching fund basis, according to the Secretary's determination of the projects and manner of funding that show the most promise of fulnlling the objectives of section 502(e) of this title.

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Page:United States Statutes at Large Volume 95.djvu/1351

 PUBLIC LAW 97-98—DEC. 22, 1981

95 STAT. 1325

"(d) Funds appropriated under this title may be used to pay salaries and other expenses of personnel employed to carry out the functions authorized by this title; to obtain necessary supplies, equipment, and services; and to rent, repair, and maintain facilities needed, but not to purchase or construct buildings. "(e) Payment of funds to any State for programs authorized under sections 502(a), 502(b), 502(c), and 502(d) of this title shall be contingent upon approval by the Secretary of a plan of work and budget for such programs and compliance with such regulations as the Secretary may issue under this title. Plans for work shall be jointly developed in each State by the land-grant colleges and universities eligible to receive funds under the Act of July 2, 1862 (7 U.S.C. 301 et seq.), and the Act of August 30, 1890 (7 U.S.C. 321 et seq.), including Tuskegee Institute. In States in which there is no land-grant institution eligible to receive funds under the Act of August 30, 1890, the land-grant institution eligible to receive funds under the Act of July 2, 1862, shall be responsible for developing plans of work and budgets. In the development of the plans of work and budgets, consideration shall be given to involvement of the resources and expertise of the colleges and universities serving the region in which the plans and budgets are to be applied. "(f) Funds shall be available for use by each State in the fiscal year for which appropriated and the next fiscal year following the fiscal year for which appropriated. Funds shall be budgeted and accounted for on such forms and at such times as the Secretary shall prescribe. "(g) Funds provided to each State under this title may be used to finance programs through or at private and publicly supported colleges and universities other than the institutions responsible for administering the programs, as provided under section 504 of this title. "SEC. 504. COPERATING COLLEGES AND UNIVERSITIES.—(a) To 7 USC 2664. ensure national coordination with other federally supported agricultural research and extension programs, administration of each State program shall be the responsibility of the colleges and universities eligible to receive funds under the Act of July 2, 1862, and the Act of August 30, 1890, including Tuskegee Institute. In States that contain more than one such institution, such administration shall be the responsibility of the institution designated by mutual agreement of all such institutions, subject to approval by the Secretary of Agriculture. The Secretary shall pay funds available to each State to such institution or university. Such administration shall be coordinated with other federally supported agricultural research and extension programs conducted in the State. "(b) All private and publicly supported colleges and universities in a State shall be eligible to participate in programs authorized under this title. Officials at universities or colleges other than those responsible for administering the programs that wish to participate in these programs shall submit program proposals to the college or university officials responsible for administering the programs who shall consider such proposals in the process of developing the budgets and plans of work. "(c) The institution of each State responsible for administering the programs authorized under this title shall designate an official who shall be responsible for the overall coordination of the programs. "(d) The institution in each State responsible for administering the programs authorized under this title shall name an advisory council to review and approve budgets and plans of work conducted under this title and to advise the chief administrative officer of the institu-

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Page:United States Statutes at Large Volume 95.djvu/1352

 95 STAT. 1326

7 USC 2665.

7 USC 2666.

7 USC 2667. Repeal.

PUBLIC LAW 97-98—DEC. 22, 1981

tion administering the programs on matters pertaining to the programs. An existing State rural development committee or council may be named to perform this function, or a new council may be appointed by the chief administrative officer or officers. The committee or council named or appointed shall consist of at least twelve members and shall include persons representing farmers, business, labor, banking, local government, multicounty planning and development districts, public and private colleges and universities in the State, and Federal and State agencies involved in rural development. "SEC. 505. WITHHOLDING FUNDS.—If the Secretary of Agriculture determines that a State is not eligible to receive part or all of the funds to which it is otherwise entitled for programs under sections 502(a) and 502(b) of this title because of a failure to comply with regulations issued by the Secretary under this title, the facts and reasons therefor shall be reported to the President, and the amount involved shall be kept separate in the Treasury until the expiration of the Congress next succeeding the session of the legislature of the State from which funds have been withheld in order that the State may, if it should so desire, appeal to Congress from the determination of the Secretary. If the next Congress shall not direct such sum to be paid, it shall be covered into the Treasury. If any portion of the moneys that are received by the designated officers of any State for the support and maintenance of programs authorized under this title shall by any action or contingency be diminished or lost, or be misapplied, it shall be replaced by the State. "SEC. 506. DEFINITIONS.—For the purposes of this title— "(a) 'rural development' means the planning, financing, and development of facilities and services in rural areas that contribute to making those areas desirable places in which to live and make private and business investments; the planning, development, and expansion of business and industry in rural areas to provide increased employment and income; the planning, development, conservation, and use of land, water, and other natural i resources of rural aresis to maintain or improve the quality of the environment for people and business in rural areas; and the building or improvement of institutional, organizational, and leadership capacities of rural citizens and leaders to define and resolve their own community problems; "(b) 'State' means the several States, the Commonwealth of Puerto Rico, Guam, Americem Samoa, the Virgin Islands of the United States, and the Commonwealth of the Northern Mariana Islands; and "(c) 'small farm' means any farm (1) producing family net income from all sources (farm and nonfarm) below the median nonmetropolitan income of the State; (2) operated by a family dependent on farming for a significant though not necessarily a majority of its income; and (3) on which family members provide most of the labor and management. "SEC. 507. REGULATIONS.—The Secretary of Agriculture may issue such regulations as the Secretary determines necessary to carry out the provisions of this title.". 0)) Section 509 of the Rural Development Act of 1972 (7 U.S.C. 2669) is redesignated as section 508, and section 510 of the Rural Development Act of 1972 (7 U.S.C. 2670) is repealed.

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Page:United States Statutes at Large Volume 95.djvu/1353

 PUBLIC LAW 97-98—DEC. 22, 1981

95 STAT. 1327

INCREASED EMPHASIS ON MARKETING EDUCATION PROGRAMS FOR SMALL AND MEDIUM SIZE FAMILY FARMING OPERATIONS

SEC. 1445. In carrying out marketing research and education programs, the Secretary of Agriculture shall take such steps as may be necessary to increase the efforts of the Department of Agriculture in providing marketing education programs for persons engaged in small and medium size family farm operations.

7 USC 2271.

SOYBEAN RESEARCH ADVISORY INSTITUTE

SEC. 1446. (a)(1) There is established within the Department of Establishment. Agriculture a temporary advisory body to be known as the Soybean 7 USC 2281 note. Research Advisory Institute (hereinafter in this section referred to as the "Advisory Institute"). (2) The Advisory Institute shall be composed of eleven members appointed by the Secretary of Agriculture (hereinafter in this section referred to as the "Secretary"). Members appointed to the Advisory Institute shall be individuals who are recognized soybean research experts and shall represent the interest of soybean producers, soybean processors, land grant colleges and universities, Federal research agencies, and private industry. The Secretary shall, to the maximum extent practicable, balance the membership of the Advisory Institute geographically on the basis of the soybean producing areas of the United States. (3) The Secretary shall designate a representative of the soybean producers to serve as Chairman of the Advisory Institute. Functions. (b) It shall be the function of the Advisory Institute to— (1) assess the effectiveness of the ongoing soybean research programs in the United States; (2) assess the impediments to increased United States soybean production, including the soybean cyst nematode, and consider the most effective means of removing such impediments; (3) evaluate the available means and the potential for increase ing soybean production in the United States; (4) estimate the amount of funds required to carry out a coordinated program of national soybean research to develop means of effectively increasing the overall United States soybean production and profitability; and (5) develop plans for and sponsor an international conference on soybean research for the purpose of comparing and sharing current information on the production and utilization of soybeans. (c) The Advisory Institute shall submit to the Senate Committee on Report to Agriculture, Nutrition, and Forestry and the House Committee on congressional Agriculture, not later than March 1, 1983, a comprehensive report on committees. the findings of the Advisory Institute regarding research on soybean production and utilization. The Advisory Institute shall also include Recommendations. in such report its recommendations for actions that should be taken to ensure that an effective soybean research program is carried out in the United States. (d) Members shall receive no compensation for service on the Compensation. Advisory Institute but may be paid, while in the performance of their duties away from their homes or regular places of business, travel expenses, including per diem in lieu of subsistence, as authorized by sections 5701 through 5707 of title 5, United States Code, for persons employed intermittently in Government service.

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 95 STAT. 1328

PUBLIC LAW 97-98—DEC. 22, 1981

(e) The Advisory Institute shall cease to exist on the day on which it submits its report to the committees referred to in subsection (c). ADMINISTRATIVE JURISDICTION OVER LANDS

SEC. 1447. It is the intent of Congress that dual administration and jurisdiction by the Departments of Agriculture and the Interior over certain lands currently administered by the Secretary of Agriculture should be avoided. Therefore, the Secretary of Agriculture shall have sole administrative jurisdiction of the following described lands: The United States Sheep Experiment Station in Idaho and Summer Range in Montana. These lands, containing a total of 45,013 acres of land, more or less, were withdrawn by Executive Orders 3767, dated December 19, 1922; 2268, dated October 30, 1915; 2491, dated November 21, 1916; 3141, dated August 6, 1919; and 3165, dated September 3, 1919, for agricultural experiment purposes. TITLE XV—RESOURCE CONSERVATION Subtitle A—Soil and Water Conservation POLICY

16 USC 3401.

SEC. 1501. Congress hereby reaffirms its policy to promote soil and water conservation, improve the quality of the Nation's waters, and preserve and protect natural resources through the use of effective conservation and pollution abatement programs. Subtitle B—Special Areas Conservation Program FINDINGS

16 USC 3411.

SEC. 1502. Congress finds that— (1) studies by the Department of Agriculture indicate that billions of tons of soil are eroded annusilly from non-Federal lands in the United States, much of which represents soil eroded from cropland; (2) nearly one-half of the four hundred and thirteen million acres of cropland have soils with moderate, high, or very high risk of damage by sheet and rill erosion; (3) the severity of erosion-related problems varies widely from one geographic area to the next; (4) some of the most productive agricultural areas of the United States are also those having the most serious and chronic erosion-related problems; (5) solutions to such chronic erosion-related problems should be designed to address the local social, economic, environmental, and other conditions unique to the area involved to ensure that the goals and policies of the Federal Government are effectively integrated with the concerns of the local community; (6) certain range and peisturelands in the United States are producing less than their potential and therefore their productive capacity could be substantially improved by application of intensified range and pasture management practices; the protection of these lands is essential to controlling erosion, improving ecological conditions, enhancing wildlife and riparian habitats, improving water quality and yield, and meeting the need to

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Page:United States Statutes at Large Volume 95.djvu/1355

 PUBLIC LAW 97-98—DEC. 22, 1981

95 STAT. 1329

produce food and fiber in a manner that is more energy efficient; and (7) there is a need for— (A) reducing seepage from on-farm and off-farm irrigation ditches and conveyance systems; (B) improving water conservation and utilization; and (C) installing measures to capture on-farm irrigation return flows. FORlMtULATION AND IMPLEMENTATION OF SPECIAL AREAS CONSERVATION PROGRAM

SEC. 1503. (a) The Secretary of Agriculture (hereafter in this subtitle referred to as the "Secretary") shall establish a program for the conservation of soil, water, and related resources in special areas designated pursuant to section 1504 (hereafter in this subtitle referred to as "designated special areas") by providing technical and financial assistance to owners and operators or groups of owners and operators of farm, ranch, and certain other lands at their request. Such assistance with respect to State, county, and other public land shall be limited to those lands that are an integral part of a private farm operating unit and under the control of the private landowner or operator. (b) To carry out the program established under this subtitle, the Secretary may enter into contracts with owners and operators of farm, ranch, or other land in a designated special area having such control over the land as the Secretary deems necessary. Contracts may be entered into with respect to land in a designated special area which is not farm or ranch land only if the erosion-related problems of such land are so severe as to make such contracts with respect to such land necessary for the effective protection of farm or ranch land in that designated special area. Contracts under this subtitle shall be designed to provide assistance to the owners or operators of such farm, ranch, or other land to make voluntary changes in their cropping systems which are needed to conserve or protect the soil, water, and related resources of such lands, and to carry out the soil and water conservation practices and measures needed under such changed systems and uses. (c) The basis for such contracts shall be a conservation plan approved by the Secretary and the soil and water conservation <Ustrict in which the land on which the plan is to be carried out is situated. The Secretary shall provide to the landowner or operator, upon request, such technical assistance as may be needed to prepare and submit to the Secretary a conservation plan that— (1) incorporates such soil and other conservation practices and measures as may be determined to be practicable to protect such land from erosion or water-related problems; (2) outlines a schedule for the implementation of changes in cropping systems or use of land or of water and of conservation practices and measures proposed to be carried out on the farm, ranch, or other land during the contract period; (3) is designed to take into account the local social, economic, and environmental conditions, which will help solve the particular erosion or water-related problems of the designated area; (4) may allow for such varying levels of conservation application as are appropriate to address the problems and may be developed to cover all or part of a farm, ranch, or other land as determined to be necessary to solve the conservation problems;

16 USC 3412.

Contracts.

Conservation P^^"-

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 95 STAT. 1330

Termination or Sntracts °" °^

PUBLIC LAW 97-98—DEC. 22, 1981

(5) may include practices and measures for enhancing fish and wildlife and recreation resources and for reducing or controlling agricultural-related pollution; and (6) identifies those conservation practices and measures, including planned grazing systems, needed to improve vegetative conditions, reduce erosion, and conserve water on range and pasturelands. (d) The landowner or operator, in any contract entered into under this subtitle, shall agree— (1) to carry out the plan for the owner's or operator's farm, ranch, or other land substantially in accordance with the schedule outlined therein unless any requirement thereof is waived or modified by the Secretary pursuant to subsection (f); (2) to forfeit further payments under the contract and refund to the United States all payments received thereunder, including interest, upon violation by the owner or operator of the contract at any stage during the time the owner or operator has control of the land if the Secretary, after considering the recommendations of the soil and water conservation district board for the district in which the lands are located, determines that such violation is of such a nature as to warrant termination of the contract, or to make refunds, including interest, or accept such payment adjustments as the Secretary may deem appropriate if the Secretary determines that the violation by the owner or operator does not warrant termination of the contract; (3) not to adopt any practice or measure specified by the Secretary in the contract which would tend to defeat the purposes of the contract; and (4) upon transfer, during the contract period, of the rights or interests of the owner or operator in the farm, ranch, or other land on which the plan is to be carried out, to forfeit all rights to further payments under the contract and refund to the United States all payments received thereunder, including interest, unless the transferee of any such land agrees with the Secretary to assume all obligations of the contract. (e) In return for such agreement by the landowner or operator, the Secretary shall agree to share the cost of carrying out those conservation practices and measures set forth in the contract for which the Secretary determines that cost sharing is appropriate and in the public interest. The portion of the costs to be shared shall be that part which the Secretary determines is necessary and appropriate to effectuate the implementation, and, if applicable, the maintenance of the conservation practices and measures under the contract, including the cost of labor. In determining the share of costs to be borne by the Federal Government, the Secretary shall take into consideration the particular social, economic, and environmental conditions of the geographic area involved and the degree of conservation to be achieved. The Secretary shall determine the maximum amount of cost-share assistance that may be provided to any single recipient. If adjustments from cultivated crops to permanent vegetative cover or changes in crop varieties are undertaken as a conservation practice or measure under the contract, cost-share assistance may be provided under such contract with regard to the income lost as a result of such adjustments. (f) The Secretary may terminate any contract with a landowner or operator by mutual agreement with the owner or operator if the Secretary determines that such termination would be in the public interest. The Secretary may agree to such modification of contracts

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 PUBLIC LAW 97-98—DEC. 22, 1981

95 STAT. 1331

previously entered into as the Secretary may determine to be desirable to carry out the purposes of the program or facilitate the practical administration thereof or to accomplish equitable treatment with respect to similar conservation or other programs administered by the Secretary. (g) The Secretary may also enter into contracts with lemdowners or operators for the purpose of maintaining any conservation practice or measure established under this subtitle or other conservation practice or measure which has been adequately established, and to provide necessary assistance to retain the practice or measure on the land. The provisions and administration of such contracts shall be in accordance with the requirements set forth in subsections (b) through (f) of this section. PROGRAM TO BE DIRECTED AT SPECIFIC PROBLEMS

SEC. 1504. (a) The program established under this subtitle shall be 16 USC 3413. directed toward identifying and correcting such erosion-related or water management-related problems as may exist within each designated special area. Assistance under this subtitle may be provided to any geographic area of the United States only if such area is first designated by the Secretary as having severe and chronic erosionrelated or water management-related problems. (b) In designating a geographic area as a special area under this subtitle, the Secretary shall review national resources inventory data, river basin plans, special studies, and other resource information; consider tons of soil loss prevented, acres protected, and volume of water conserved; and evaluate the degree and t } ^ of interagency cooperation, the degree of local acceptance of the planned target activity, and the significant favorable and adverse impacts of the targeted activity. The Secretary shall prepare and publish a report Report. setting forth an assessment of the problems, objectives, and priorities in such area, and a schedule for the implementation of the program under this subtitle. The report shall also indicate how the program with respect to such area takes into consideration ongoing programs of Federal, State, and local agencies, including soil conservation districts, relating to soil and water conservation, pollution abatement, or the improvement or protection of forest land. The Secretary shall, to the extent practicable, assure that all Department of Agriculture conservation programs operating in a designated special area complement the conservation objectives outlined for such area. CONTRACT LIMITATIONS

SEC. 1505. Special areas may be designated pursuant to section 1504 16 USC 3414. of this subtitle at any time within the period beginning on the date of enactment of this subtitle and ending on September 30, 1991. Contracts authorized by subsections (b) and (g) of section 1503 of this subtitle may be entered into at any time within ten years after the designation of the special area to which they relate and may not exceed ten years in duration. The total dollar amount of such contracts that may be entered into in any one fiscal year shall not exceed such amounts as may be provided for in advance in appropriations Acts.

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Page:United States Statutes at Large Volume 95.djvu/1358

 95 STAT. 1332

PUBLIC LAW 97-98—DEC. 22, 1981 NOTIFICATION OF CONGRESS AND APPROVAL OF DESIGNATIONS

16 USC 3415.

SEC. 1506. The Secretary shall submit a copy of each special area report developed and published pursuant to section 1504(b) of this subtitle to the Committee on Agriculture, Nutrition, and Forestry of the Senate and to the Committee on Agriculture of the House of Representatives at least forty-five daj^s prior to entering into any contract under section 1503 of this subtitle with respect to land in the designated special area. UTILIZATION OF SERVICES AND FACILITIES

16 USC 3416. 16 USC 590h.

SEC. 1507. In carrying out the provisions of this subtitle, the Secretary may utilize the services of local, county, and State committees established under section 8(b) of the Sou Conservation and Domestic Allotment Act and the technical services of the Department of Agriculture, soil and water conservation districts, and other State or IcKcal agencies. The Secretary may utilize the services and facilities of the Commodity Credit Corporation in carrying out this subtitle. IMPROVEMENT OF TECHNOLOGY

16 USC 3417.

SEC. 1508. The Secretary may expend funds directly or through grants for such research as is needed to assist in developing new or improving existing technologies for controlling erosion or waterrelated problems in designated special areas. AUTHORIZATION FOR APPROPRIATIONS

16 USC 3418.

SEC. 1509. There are authorized to be appropriated annually, to be available until expended, such sums as may be necessary to carry out the program authorized by this subtitle. REPORT TO CONGRESS

16 USC 3419.

SEC. 1510. The Secretary shall submit a report to Congress by January 1, 1986, and at the end of eachfive-y^earinterval thereafter concerning the operation of the program provided for in this subtitle. Such report shall contain an evaluation of the operation of such program and shall include recommendations for such additional legislation as may be necessary to solve identified soil, water, and related resources problems in areas designated by the Secretary under this subtitle and to utilize new technology and research related to such problems. PROTECTION OF PARTICIPANTS

16 USC 3420.

SEC. 1511. No person shall be disqualified from participating in, or suffer any forfeiture or reduction in benefits under, any other program administered by the Secretary by virtue of participation in the program provided for in this subtitle. Subtitle C—Amendments to the Small Watershed Program and to the Bankhead-Jones Farm Tenant Act AMENDMENTS TO SMALL WATERSHED PROGRAM

SEC. 1512. (a) Section 2 of the Watershed Protection and Flood Prevention Act (16 U.S.C. 1002) is amended bj; changing the period at the end thereof to a semicolon and inserting immediately thereafter

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Page:United States Statutes at Large Volume 95.djvu/1359

 PUBLIC LAW 97-98—DEC. 22, 1981

95 STAT. 1333

the following: "or any Indian tribe or tribal organization, as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b), having authority under Federal, State, or Indian tribal law to carry out, maintain, and operate the works of improvement/'. Ob) Section 2 of the Watershed Protection and Flood Prevention Act (16 U.S.C. 1002) is further amended by striking out "$1,000,000" and inserting in lieu thereof "$5,000,000". (c) Section 3(6) of the Watershed Protection and Flood Prevention Act (16 U.S.C. 1003(6)) is amended by inserting "energy," after "wildlife,". (d) Section 4(1) of the Watershed Protection and Flood Prevention Act (16 U.S.C. 1004(1)) is amended by changing the semicolon at the end thereof to a colon and inserting immediately thereafter the following: "Provided further. That the Secretary shall be authorized to bear an amount not to exceed one-half of the costs of the land, easements, or rights-of-way acquired or to be acquired by the local organization for mitigation of fish and wildlife habitat losses, and that such acquisition is not limited to the confines of the watershed project boundaries;". (e) Section 5(3) of the Watershed Protection and Flood Prevention Act (16 U.S.C. 1005(3)) is amended by striking out "$1,000,000" and inserting in lieu thereof "$5,000,000". (f) Section 5(4) of the Watershed Protection and Flood Prevention Act (16 U.S.C. 1005(4)) is amended by striking out "$1,000,000" and inserting in lieu thereof "$5,000,000". AMENDMENT TO THE BANKHEAD-JONES FARM TENANT ACT

SEC. 1513. Section 31 of title III of the Bankhead-Jones Farm Tenant Act (7 U.S.C. 1010) is amended by inserting "developing energy resources," after "dams and reservoirs,". Subtitle D—Matching Grants for Conservation Activities GRANTS PROGRAM

SEC. 1514. (a) The Secretary of Agriculture (hereafter referred to in 16 USC 3431. this subtitle as the "Secretary") may formulate and implement a program for furthering the conservation of soil, water, and related resources through annual grants to local units of government through State soil conservation agencies. Such grants shall be for noncapital expenditures in furtherance of local and State conservation objectives specified in section 1516 of this subtitle. (b) Such grants shall be made to augment rather than to replace other technical and financial assistance programs of the Department of Agriculture. (c) A local unit of government may be eligible for a grant under subsection (a) if it— (1) has in effect a current long-range program which the State soil conservation agency determines is adequate to meet local and State laws and objectives; (2) has in effect a current annual work plan which is consistent with the long-range program in paragraph (1) of this subsection; and (3) certifies to the Secretary or the Secretary's designee at the State level that it has arranged for equal matching funds or in-

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Page:United States Statutes at Large Volume 95.djvu/1360

 95 STAT. 1334

PUBLIC LAW 97-98—DEC. 22, 1981

kind services to the local unit from regional, State, local, or private sources. (d) Whenever the Secretary determines that a component of the long-range program or annual work plan involves primarily a national rather than a local or State objective, the State or local matching funds required for the national component of the longrange program or annual plan need not exceed 25 per centum of the total funds required to accomplish the national objective. The Secretary, by regulation, shall define those objectives which are national in scope. PROGRAM IMPLEMENTATION AND REVIEW

16 USC 3432.

16 USC 2001 ^°^-

SEC. 1515. (a) The State soil conservation agency, the State agricultural stabilization and conservation committee, and the Secretary or the Secretary's designee at the State level shall review programs and work plans under section 1514(c) of this subtitle, and may recommend additions or changes in order to meet urgent State, multistate, and national conservation needs or priorities as developed under the Soil and Water Resources Conservation Act of 1977 or similar authority. (b) For purposes of implementing the program and plan, the local unit of government is encouraged to seek information from and the cooperation o— f (1) local agencies, organizations, and citizens; and (2) agencies of the Department of Agriculture or other Federal agencies, cooperative extension services, and others that may be designated by the Secretary or the Governor to serve as advisers. PLANS

16 USC 3433.

SEC. 1516. (a) Long-range programs and annual work plans may include any of the following soil, water, and related resource conservation objectives: (1) soil erosion prevention and control; (2) cropland, forest, woodland, pasture, or rangeland improvement; (3) water conservation, development, and management, and water quality improvement; (4) agricultural land retention or preservation; (5) demonstration projects to test and publicize the effectiveness of natural resource management systems adapted to local conditions; (6) fish and wildlife habitat improvement; (7) animal waste management; (8) watershed protection and flood prevention; (9) sediment control and stormwater management in urbanizing areas; (10) environmentally sound energy conservation and production; (11) leadership in natural resources aspects of rural community planning and development; or (12) any other purpose authorized or required by local or State conservation laws. (b) If an objective has been identified which will require more than one year to complete or reach, the Secretary or the Secretary's designee may enter into a long-term agreement of not more than ten years with the local unit of government or State agency to provide funding assistance for the term of the agreement. Such assistance shall be contingent upon the amount of funds appropriated under section 1519 of this subtitle. MATCHING FUNDS

16 USC 3434.

SEC. 1517. (a) Federal matching grant funds, as mutually agreed upon by the State soil conservation agency and the Secretary, may be used to provide technical assistance to landowners and operators for

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Page:United States Statutes at Large Volume 95.djvu/1361

 PUBLIC LAW 97-98—DEC. 22, 1981

95 STAT. 1335

planning and application of soil and water conservation practices and measures and natural resource management systems. (b) Such technical assistance shall be administered by the State soil conservation agency through local soil and water conservation districts. (c) Such technical assistance shall be fully coordinated with technical assistance provided through ongoing Federal, State, and local resource conservation programs, and shall be in accord with established technical standards or guidelines. (d) The basis for the transfer of grant funds shall be a grant agreement entered into by the Secretary or the Secretary's designee with the local unit of government or State agency. RECORDS

SEC. 1518. (a) Each local unit of government or State agency 16 USC 3435. receiving assistance under this subtitle shall keep such records as the Secretary requires, including records which fully disclose the amount and disposition by such unit or agency of the proceeds of such grants, the total cost of the projects or undertakings in connection with which such funds are given or used, and the amount of that portion of the costs of the projects or undertakings supplied by other sources, and such other records as will facilitate an effective audit. (b) The Secretary and the Comptroller General of the United States or any of their duly authorized representatives shall have access for the purpose of audit and examination to any books, documents, papers, and records of each local unit of government or State agency that are pertinent to the grants under this subtitle. AUTHORIZATION FOR APPROPRIATIONS

SEC. 1519. (a) There are authorized to be appropriated such sums as may be necessary to carry out the provisions of this subtitle, such sums to remain available until expended. (b) No funds shall be appropriated to carry out this subtitle for the fiscal year beginning October 1, 1992, and subsequent fiscal years, except as authorized by law enacted after the effective date of this subtitle. (c) The Secretary shall report to the House Committee on Agriculture and the Senate Committee on Agriculture, Nutrition, and Forestry on the progress of the program authorized by this subtitle. The first such report shall be submitted by January 1, 1986, and a succeeding report by January 1, 1991. Each such report shall include an evaluation of the program and the Secretary's recommendations for strengthening it.

l^ use 3436.

Report to congressional ^^"^"^^ ® ^ ®-

Subtitle E—Conservation Loan Program CONSERVATION LOANS

SEC. 1520. (a) Section 4(h) of the Commodity Credit Corporation Charter Act is amended by inserting immediately after the second 15 USC 7i4b. sentence the following: "To encourage the alleviation of natural resource conservation problems that reduce the productive capacity of the Nation's land and water resources or that cause degradation of environmental quality, the Corporation may, beginning with enactment of the Agriculture and Food Act of 1981, make loans to any agricultural producer for those natural resource conservation and

89-194 0—82

86:QL3

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Page:United States Statutes at Large Volume 95.djvu/1362

 95 STAT. 1336

16 USC 590h.

PUBLIC LAW 97-98—DEC. 22, 1981

environmental enhancement measures that are recommended by the applicable county and State committees established under section 8(b) of the Soil Conservation and Domestic Allotment Act and are included in the producer's conservation plan approved by the local soil and water conservation district; such loans shall be for a period not to exceed ten years at a rate of interest based upon the rate of interest charged the Corporation by the United States Treasury; the Corporation may make loans to any one producer in any fiscal year in an amount not to exceed $25,000; loans up to $10,000 in amount may be unsecured and loans in excess of $10,000 shall be secured; and the total of such unsecured and secured loans made in each fiscal year shall not exceed $200,000,000: Provided, That the authority provided by this sentence to make loans shall be effective only to the extent and in such amounts as may be provided for in prior appropriation Acts.". Subtitle F—Reservoir Sedimentation Reduction Program FORMULATION OF PROGRAM

16 USC 3441.

SEC. 1521. The Secretary of Agriculture (hereafter referred to in this subtitle as the "Secretary") may formulate and implement a program for testing the feasibility of reducing excessive sedimentation in existing reservoirs. Such an assistance program shall be implemented on the watershed drainage areas of no more than five publicly owned reservoirs. The Secretary shall select for the program those reservoirs in which excessive amounts of sediment are being deposited because of critical soil erosion problems in the watershed drainage area. PLANS

16 USC 3442. Agreement.

SEC. 1522. For each reservoir and drainage area selected under section 1521 of this subtitle, a plan shall be prepared that includes an assessment of the problems, a listing of objectives and priorities, and an implementation plan for achieving the objectives. The Secretary shall enter into an agreement with the soil and water conservation districts containing land within the reservoir or drainage area, an agency of State government designated by the Governor, and units of local government that have recognized interests in the reservoir, for the purpose of preparing the plan. The plan shall be signed by the Secretary, or the Secretary's designee, and the other parties to the agreement. APPROVAL OF PLANS

16 USC 3443.

SEC. 1523. The Secretary shall submit each plan developed under section 1522 of this subtitle to the (IJommittee on Agriculture, Nutrition, and Forestry of the Senate and the Committee on Agriculture of the House of Representatives. The Secretary may implement any such plan only after each such committee adopts a resolution approving the plan. AUTHORIZATION FOR APPROPRIATIONS

16 USC 3444.

SEC. 1524. There are authorized to be appropriated, for each of the fiscal years 1983 through 1987, such sums as may be necessary for

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Page:United States Statutes at Large Volume 95.djvu/1363

 PUBLIC LAW 97-98—DEC. 22, 1981

95 STAT. 1337

carrying out the provisions of this subtitle, such sums to remain avaai^e until expended. REPORT

SEC. 1525. The Secretary shall submit a report evaluating the 16 USC 3445. program authorized under this subtitle to Congress by January 1, 1987. The report shall include a recommendation as to whether the program should be extended and, if so, how it could be strengthened. Subtitle G—Volunteers for Department of Agriculture Programs ESTABLISHMENT OF PROGRAM

SEC. 1526. (a) The Secretary of Agriculture (hereafter referred to in this subtitle as the "Secretary") may establish a program to use volunteers in carrying out the programs of the Department of Agriculture. (b) The Secretary may accept, subject to regulations issued by the Office of Personnel Management, voluntary service for the Department of A^culture for such purpose if the service: (1) is to be without compensation; and (2) wili not be used to displace any employee of the Department of Agriculture including the local, county, and State committees established under section 8(b) of the Soil Conservation and Domestic Allotment Act. (c) Any individual who provides voluntary service under this subtitle shall not be considered a Federal employee, except for purposes of chapter 81 of title 5, United States Code (relating to compensation for injury), and sections 2671 through 2680 of title 28, United States Code (relating to tort claims).

'? use 2272.

16 USC 590h. 5 USC sioi ^^ *^^

AUTHORIZATION FOR APPROPRIATIONS

SEC. 1527. There are authorized to be appropriated such sums as ^ use 2272 note. may be necessary to carry out the provisions of this subtitle, such sums to remain available until expended. Subtitle H—Resource Conservation and Development Program PURPOSE

SEC. 1528. It is the pun)ose of this subtitle to encourage and 16 USC 3451. improve the capability of State and local units of government and local nonprofit organizations in rural areas to plan, develop, and carry out p n ^ a m s for resource conservation and development. DEFINITIONS

SEC. 1529. As used in this subtitle— 16 USC 3452. (1) The term "area plan" means a resource conservation and utilization plan which is developed for a designated area of a State or States through a planning process and which includes one or more of the following elements: (A) a land conservation element, the purpose of which shall be to control erosion and sedimentation; (B) a water management element, the purpose of which shall be to provide for the conservation, utilization, and quahty of water, including irrigation and rural water supplies, the mitigation of floods and high water tables, con-

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Page:Bulletin of the Geological Society of America 3 59-60.djvu/2

 specimens of Leperditia (L. angelini), Platyschisma helicites, Sow., and small scales of fishes mostly belonging to the genus Cælolepis of Pander.

With us the Eurypterus horizon forms the base of our uppermost Silurian stage, K, according to my arrangement of our Russian Baltic Silurian in Estonia and the island of Oesel, and can be followed all over the island, from west to east, at the boundary line between the stages J and K, the former corresponding to the Wenlock of England and the Niagara limestone of North America.

The Eurypterus beds are overlain by a yellow limestone or dolomite containing Stromatopora, Favosites, Syringopora reticulata, Labechia conferta, and other corals (but not Halysites, which is restricted entirely to lower horizons of the Upper Silurian), besides Murchisonia cingulata and allied forms, Orthoceras imbricatum, O. angulatum, and O. gigantea, Ilionia prisca, Megalonus gothlandicus, Meristella didyma, Leperditia grandis, and other fossils. In the southern and southwestern portions of Oesel there follows a band of gray limestone with Atrypa prunum, Spirifer eleratus, Chonetes striatella, numerous specimens of Tentaculites and Beyrichia, peculiar forms of Calymene and Proetus, and in some places with a profusion of spines (Onchus) and scales (Tachylepis, Pand., or Ghelodus, Murch., Oniscolepis) of fishes described by Pander in 1856. This gray limestone, which is known among the northern German erratic bowlders as the Beyrichia limestone, I regard as the highest beds of Oesel, though actual superposition has not been observed. Both the gray and the yellow limestones correspond very well with the Ludlow of Great Britain. The yellow limestone containing also Eurypterus fischeri is very clearly recognized on the eastern side of the Swedish island of Gothland, near Oestergarn, and also on the Dniester in Podolia (southern Russia), from which locality the Eurypterus fischeri was originally described.

With regard to my Silurian country of Oesel, I have no reason to enter into the Hercynian question, because, as already stated, our uppermost Silurian strata correspond exactly to the typical Ludlow of England. Our Silurian is unconformably covered by the middle Devonian ("Old Red sandstone"), since in the east the Cambrian and lower Silurian strata are situated directly below the "Old Red sandstone," just as in the west they lie below the upper Silurian deposits.

The purpose of this communication is to attract the attention of American geologists to the striking resemblance of the fauna of our Baltic Eurpterus beds to the Waterlime fauna of North America, and to express the hope that our cephalaspidean fishes, or something like them, would be some time found in this country.

In coming to America it was my wish to become more intimately acquainted with the different Silurian stages, and especially with those adjacent to the Waterlime group, i.e., with the Onondaga and Guelph limestones on the one side and the Tentaculite limestone on the other. It would perhaps be possible to find other connecting links in the development of life in both countries.

Lately I have had the opportunity of seeing the Waterlime and the Tentaculite limestone at Oriskany falls in the state of New York. Both deposits together correspond very well to our uppermost eastern Baltic stage K. But, beyond this striking resemblance of the Waterlime crustacean fauna and that of our Eurypterus beds, I cannot yet compare strictly the other deposits of my uppermost Silurian zone in this country. That will perhaps be possible after returning from our long excursion, when I shall have perhaps the opportunity of seeing more of the Silurian strata in the United States and Canada.