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 Rh the discipline of the Druid and in the Bardic schools of distracted Ireland in the sixteenth century.

Irish mediæval manuscripts have preserved to us only a small part of the lore of the schools, but the legal Tracts, the Dinsenchus, the Dialogue of the Ancients, the many fragmentary Tales (often jotted down merely as memoranda) are specimens of the kind of traditional matter handed down by the organisation. But it is evident that the acceptance of Christianity must have profoundly disturbed the subject matter and importance of the pagan schools, so that for the last twelve centuries before the end came the greater part of the old teaching must have been modified or omitted; but though many of the spells and stories of the gods and the mass of heathen cosmogony and eschatology vanished, the method remained, and we have still much genealogy, law, romance, history and poetry of the old days. The place of the heathen religious matter was filled by the sacred history of the Church schools, where the interpretation and language of the sacred books of the Christians, and the rules and law of the Church Catholic were assiduously taught, where reading was, of course, permitted, and the degree attained was that of Sai or Doctor of Divinity.

But it is in the antipodes that by far the best example of the heathen university for an unlettered people is to be found. In the excellent and invaluable Maori history of John White, we have an account of a system of schools by which all valuable knowledge was accurately and orally handed down. Chief of these was the Red House, Wharekura, raised in a sacred place, consecrated by a living sacrifice in which need-fire was employed, the sons of priests, having had spells recited over them, occupied this place from nightfall to dawn in the Autumn, and studied from sunset to midnight for four or five months in succession. They were fed at the public expense, they were strictly disciplined, they were kept apart from the rest of the people, so that no distraction should interrupt the effort


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09

PUBLIC LAW 91-224-APR. 3, 1970

"(d) Whenever any hazardous substance is discharged into or upon the navigable waters of the United States or adjoining shorelines or the waters of the contiguous zone, unless removal is immediately undertaken by the owner or operator of the vessel or onshore or offshore facility from which the discharge occurs or which caused the discharge, pursuant to the regulations promulgated under this section, the President, if appropriate, shall remove or arrange for the removal thereof in accordance with such regulations. Nothing in this subsection shall be construed to restrict the authority of the President to act to remove or arrange for the removal of such hazardous substance at any time. "(e) Nothing in this section shall affect or modify in any way the obligations of any owner or operator of any vessel, onshore or offshore facility to any person or agency under any provision of law for damages to any publicly- or privately-owned property resulting from a discharge of any hazardous substance or from the removal of any such substance. "(f)(1) For the purpose of this section the definitions in subsection (a) of section 11 of this Act shall be applicable to the provisions of this section, except as provided in paragraph (2) of this subsection: "(2) For the purpose of this section, the term— "(A) 'remove' or 'removal' refers to removal of the hazardous substances from the water and shorelines or the taking of such other actions as may be necessary to minimize or mitigate damage to the public health or welfare, including, but not limited to, fish, shellfish, wildlife, and public and private property, shorelines, and beaches; "(B) 'owner or operator'means any person owning, operating, chartering by demise, or otherwise controlling the operations of, a vessel, or any person owning, operating, or otherwise controlling the operations of an onshore or offshore facility; and "(C) 'offshore or onshore facility' means any facility of any kind and related appurtenances thereto which is located m, on, or under the surface of any land, or permanently or temporarily affixed to any land, including lands beneath the navigable waters of the United States and which is used or capable of use for the purpose of processing, transporting, producing, storing, or transferring for commercial purposes any hazardous substance designated under this section. "(g) The President shall submit a report to the Congress, together with his recommendations, not later than November 1, 1970, on the need for, and desirability of, enacting legislation to impose liability for the cost of removal of hazardous substances discharged from vessels and onshore and offshore facilities subject to this section including financial responsibility requirements. In preparing this report, the President shall conduct an accelerated study which shall include, but not be limited to, the method and measures for controlling hazardous substances to prevent this discharge, and the most appropriate measures for (1) enforcement (including the imposition of civil and criminal penalties for discharges and for failure to notify) and (2) recovery of costs incurred by the United States if removal is undertaken by the United States. In carrying out this study, the President shall consult with the interested representatives of the various public and private groups that would be affected by such legislation as well as other interested persons. " ( h \ Any moneys in the funds established by section 11 of this Act shall be available to the President to carry out the purposes of this section. In carrying out this section the President shall utilize the personnel, services, and facilities of Federal departments, agencies, and instrumentalities in such manner as will avoid duplication of effort.

Ante,

p. 91.

Definitions.

Presidential report and recommendations to Congress.

•;J:i/S'->i

Availability of

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


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[84 STAT.

"CONTROL O F SEWAGE FROM VESSELS Definitions.

standards. Post, p. 112.

Regulations.

"SEC. 13. (a) For the purpose of this section, the term— "(1) 'new vessel' includes every description of watercraft or other artificial contrivance used, or capable of being used, as a means of transportation on the navigable waters of the United States, the construction of which is initiated after promulgation of standards and regulations under this section; " (2) 'existing vessel' includes every description of watercraft or other artificial contrivance used, or capable of being used, as a means of transportation on the navigable waters of the United States, the construction of which is initiated before promulgation of standards and regulations under this section; "(3) 'public vessel' means a vessel owned or bareboat chartered and operated by the United States, by a State or political subdivision thereof, or by a foreign nation, except when such vessel is engaged in commerce; "(4) 'United States' includes the States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Canal Zone, and the Trust Territory of the Pacific Islands; "(5) 'marine sanitation device' includes any equipment for installation on board a vessel which is designed to receive, retain, treat, or discharge sewage, and any process to treat such sewage; "(6) 'sewage' means human body wastes and the wastes from toilets and other receptacles intended to receive or retain body wastes; "(7) 'manufacture' means any person engaged in the manufacturing, assembling, or importation of marine sanitation devices or of vessels subject to standards and regulations promulgated under this section; "(8) 'person' means an individual, partnership, firm, corporation, or association, but does not include an individual on board a public vessel; "(9) 'discharge' includes, but is not limited to, any spilling, leaking, pumping, pouring, emitting, emptying, or dumping, " (b)(1) As soou as possiblc, after the enactment of this section and subject to the provisions of section 5(j) of this Act, the Secretary, after consultation with the Secretary of the department in which the Coast Guard is operating, after giving appropriate consideration to the economic costs involved, and within the limits of available technology, shall promulgate Federal standards of performance for marine sanitation devices (hereafter in this section referred to as 'standards') which shall be designed to prevent the discharge of untreated or inadequately treated sewage into or upon the navigable waters of the United States from new vessels and existing vessels, except vessels not equipped with installed toilet facilities. Such standard!s shall be consistent with maritime safety and the marine and navigation laws and regulations and shall be coordinated with the regulations issued under this subsection by the Secretary of the department in which the Coast Guard ig Operating. The Secretary of the department in which the Coast Guard is operating shall promulgate regulations, which are consistent with standards promulgated under this subsection and with maritime safety and the marine and navigation laws and regulations, governing the design, construction, installation, and operation of any marine sanitation device on board such vessels. "(2) Any existing vessel equipped with a marine sanitation device on the date of promulgation of initial standards and regulations under this section, which device is in compliance with such initial standards

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101

and regulations, shall be deemed in compliance with this section until such time as the device is replaced or is found not to be in compliance with such initial standards and regulations. "(c)(1) Initial standards and regulations under this section shall Effective dates become effective for new vessels two years after promulgation; and for reguiauons! ^" existing vessels five years after promulgation. Revisions of standards and regulations shall be effective upon promulgation, unless another effective date is specified, except that no revision shall take effect before the effective date of the standard or regulation being revised. "(2) The Secretary of the department in which the Coast Guard is operating with regard to his regulatory authority established by this section, after consultation with the Secretary, may distinguish among classes, types, and sizes of vessels as well as between new and existing vessels, and may waive applicability of standards and regulations as waiver. necessary or appropriate for such classes, types, and sizes of vessels (including existing vessels equipped with marine sanitation devices on the date of promulgation of the initial standards required by this section), and, upon application, for individual vessels. " (d) The provisions of this section and the standards and regulations promulgated hereunder apply to vessels owned and operated by the United States unless the Secretary of Defense finds that compliance would not be in the interest of national security. With respect to vessels owned and operated by the Department of Defense, regulations under the last sentence of subsection (b)(1) and certifications under subsection (g)(2) of this section shall be promulgated and issued by the Secretary of Defense. "(e) Before the standards and regulations under this section are promulgated, the Secretary and the Secretary of the department in which the Coast Guard is operating shall consult with the Secretary of State; the Secretary of Health, Education, and Welfare; the Secretary of Defense; the Secretary of the Treasury; the Secretary of Commerce; other interested Federal agencies; and the States and industries interested; and otherwise comply with the requirements of section 553 of title 5 of the United States Code. «° ^'^'- 383"(f) After the effective date of the initial standards and regulations promulgated under this section, no State or political subdivision thereof shall adopt or enforce any statute or regulation of such State or political subdivision with respect to the design, manufacture, or installation or use of any marine sanitation device on any vessel subject to the provisions of this section. Upon application by a State, and where the Secretary determines that any applicable water quality standards require such a prohibition, he shall by regulation completely prohibit the discharge from a vessel of any sewage (whether treated or not) into those waters of such State which are the subject of the application and to which such standards apply. " (g)(1) No manufacturer of a marine sanitation device shall sell, offer for sale, or introduce or deliver for introduction in interstate commerce, or import into the United States for sale or resale any marine sanitation device manufactured after the effective date of the standards and regulations promulgated under this section unless such device is in all material respects substantially the same as a test device certified under this subsection. "(2) Upon application of the manufacturer, the Secretary of the certification. department in which the Coast Guard is operating shall so certify a marine sanitation device if he determines, in accordance with the provisions of this paragraph, that it meets the appropriate standards and regulations promulgated under this section. The Secretary of the department in which the Coast Guard is operating shall test or require such testing of the device in accordance with procedures set forth by

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 102

Recordkeeping,

62 Stat. 7 9 1.

Unlawful a c t s.

Jurisdictions.

PUBLIC LAW 91-224-APR. 3, 1970

[84 STAT.

the Secretary as to standards of performance and for such other purposes as may be appropriate. If the Secretary of the department in which the Coast Guard is operating determines that the device is satisfactory from the standpoint of safety and any other requirements of maritime law or regulation, and after consideration of the design, installation, operation, material, or other appropriate factors, he shall certify the device. Any device manufactured by such manufacturer which is in all material respects substantially the same as the certified test device shall be deemed to be in conformity with the appropriate standards and regulations established under this section. " (3) Every manufacturer shall establish and maintain such records, make such reports, and provide such information as the Secretary or the Secretary of the department in which the Coast Guard is operating may reasonably require to enable him to determine whether such manufacturer has acted or is acting in compliance with this section and regulations issued thereunder and shall, upon request of an officer or employee duly designated by the Secretary or the Secretary of the department in which the Coast Guard is operating, permit such officer or employee at reasonable times to have access to and copy such records. All information reported to or otherwise obtained by, the Secretary or the Secretary of the department in which the Coast Guard is operating or their representatives pursuant to this subsection which contains or relates to a trade secret or other matter referred to in section 1905 of title 18 of the United States Code shall be considered confidential for the purpose of that section, except that such information may be disclosed to other officers or employees concerned with carrying out this section. This paragraph shall not apply in the case of the construction of a vessel by an individual for his own use. " (h) After the effective date of standards and regulations promulgated under this section, it shall be unlawful— "(1) for the manufacturer of any vessel subject to such standards and regulations to manufacture for sale, to sell or offer for sale, or to distribute for sale or resale any such vessel unless it is equipped with a marine sanitation device which is in all material respects substantially the same as the appropriate test device certified pursuant to this section; "(2) for any person, prior to the sale or delivery of a vessel subject to such standards and regulations to the ultimate purchaser, wrongfully to remove or render inoperative any certified marine sanitation device or element of design of such device installed in such vessel; "(3) for any person to fail or refuse to permit access to or copying of records or to fail to make reports or provide information required under this section; and "(4) for a vessel subject to such standards and regulations to operate on the navigable waters of the United States, if such vessel is not equipped with an operable marine sanitation device certified pursuant to this section. " (i) The district courts of the United States shall have jurisdictions to restrain violations of subsection (g)(1) and subsections (h)(1) through (3) of this section. Actions to restrain such violations shall be brought by, and in, the name of the United States. I n case of contumacy or refusal to obey a subpena served upon any person under this subsection, the district court of the United States for any district in which such person is found or resides or transacts business, upon application by the United States and after notice to such person, shall have jurisdiction to issue an order requiring such person to appear and give testimony or to appear and produce documents, and any failure to obey such order of the court may be punished by such court as a contempt thereof.

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103

" (j) Any person who violates subsection (g)(1) or clause (1) or (2) of subsection (h) of this section shall be liable to a civil penalty of not more than $5,000 for each violation. Any person who violates clause (4) of subsection (h) of this section or any regulation issued pursuant to this section shall be liable to a civil penalty of not more than $2,000 for each violation. Each violation shall be a separate offense. The Secretary of the department in which the Coast Guard is operating may assess and compromise any such penalty. No penalty shall be assessed until the person charged shall have been given notice and an opportunity for a hearine; on such charg-e. In determining the amount •

•

1

•

of the penalty, or the amount agreed upon m compromise, the gravity of the violation, and the demonstrated good faith of the person charged in attempting to achieve rapid compliance, after notification of a violation, shall be considered by said Secretary. " (k) The provisions of this section shall be enforced by the Secretary of the department in which the Coast Guard is operating and he may utilize by agreement, with or without reimbursement, law enforcement officers or other personnel and facilities of the Secretary, other Federal agencies, or the States to carry out the provisions of this section. " (1) Anyone authorized by the Secretary of the department in which the Coast Guard is operating to enforce the provisions of this section may, except as to public vessels, (1) board and inspect any vessel upon the navigable waters of the United States and (2) execute any warrant or other process issued by an officer or court of competent jurisdiction. " (m) In the case of Guam, actions arising under this section may be brought in the district court of Guam, and in the case of the Virgin Islands such actions may be brought in the district court of the Virgin Islands. I n the case of American Samoa and the Trust Territory of the Pacific Islands, such actions may be brought in the District Court of the United States for the District of Hawaii and such court shall have jurisdiction of such actions. I n the case of the Canal Zone, such actions may be brought in the District Court for the District of the Canal Zone.

Penalty.

Notification.

Hearing opportiinit V

Enforcement.

jurisdictions.

'' '

'

"AREA Acm AND OTHER M I N E WATER POLLUTION CONTROL DEMONSTRATIONS

"SEC. 14. (a) The Secretary in cooperation with other Federal departments, agencies, and instrumentalities is authorized to enter into agreements with any State or interstate agency to carry out one or more projects to demonstrate methods for the elimination or control, within all or part of a watershed, of acid or other mine water pollution resulting from active or abandoned mines. Such projects shall demonstrate the engineering and economic feasibility and practicality of various abatement techniques which will contribute substantially to effective and practical methods of acid or other mine water pollution elimination or control. " (b) The Secretary, in selecting watersheds for the purposes of this section, shall (1) require such feasibility studies as he deems appropriate, (2) give preference to areas which have the greatest present or potential value for public use for recreation, fish and wildlife, water supply, and other public uses, and (3) be satisfied that the project area will not be affected adversely by the influx of acid or other mine water pollution from nearby sources. "(c) Federal participation in such projects shall be subject to the conditions— "(1) that the State or interstate agency shall pay not less than 25 per centum of the actual project costs which payment may be in any form, including, but not limited to, land or interests therein

Federal aid to States.

conditions

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Appropriation.

PUBLIC LAW 91-224-APR. 3, 1970

[84 STAT.

that is needed for the project, or personal property or services, the value of which shall be determined by the Secretary; and "(2) that the State or interstate agency shall provide legal and practical protection to the project area to insure against any activities which will cause future acid or other mine water pollution. " (d) There is authorized to be appropriated $15,000,000 to carry out the provisions of this section, which sum shall be available until expended. No more than 25 per centum of the total funds available under this section in any one year shall be granted to any one State. "POLLUTION CONTROL IN GREAT LAKES

Demonstration p r o j e c t s. Federal aid to States.

Condition.

Appropriation.

"SEC. 15. (a) The Secretary, in cooperation with other Federal departments, agencies, and instrumentalities is authorized to enter into agreements with any State, political subdivision, interstate agency, or other public agency, or combination thereof, to carry out one or more projects to demonstrate new methods and techniques and to develop preliminary plans for the elimination or control of pollution, within all or any part of the watersheds of the Great Lakes. Such projects shall demonstrate the engineering and economic feasibility and practicality of removal of pollutants and prevention of any polluting matter from entering into the Great Lakes in the future and other abatement and remedial techniques which will contribute substantially to effective and practical methods of water pollution elimination or control. " (b) Federal participation in such projects shall be subject to the condition that the State, political subdivision, interstate agency, or other public agency, or combination thereof, shall pay not less than 25 per centum of the actual project costs, which payment may be in any form, including, but not limited to, land or interests therein that is needed for the project, and personal property or services the value of which shall be determined by the Secretary. " (c) There is authorized to be appropriated $20,000,000 to carry out the provisions of this section, which sum shall be available until expended. "TRAINING GRANTS AND CONTRACTS

"SEC. 16. The Secretary is authorized to make grants to or contracts with institutions of higher education, or combinations of such institutions, to assist them in planning, developing, strengthening, improving, or carrying out programs or projects for the preparation of undergraduate students to enter an occupation which involves the design, operation, and maintenance of treatment works, and other facilities whose purpose is water quality control. Such grants or contracts may include payment of all or part of the cost of programs or projects such as— " (A) planning for the development or expansion of programs or projects for training persons in the operation and maintenance of treatment works; " ^ B) training and retraining of faculty members; " (C) conduct of short-term or regular session institutes for study by persons engaged in, or preparing to engage in, the preparation of students preparing to enter an occupation involving the operation and maintenance of treatment works; " (D) carrying out innovative and experimental programs of cooperative education involving alternate periods of full-time or part-time academic study at the institution and periods of fulltime or part-time employment involving the operation and maintenance of treatment works; and

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PUBLIC LAW 91-224-APR. 3, 1970

" (E) research into, and development of, methods of training students or faculty, including the preparation of teaching materials and the planning of curriculum. APPLICATION FOR TRAINING GRANT OR CONTRACT; ALLOCATION OP GRANTS OR CONTRACTS

"SEC. 17. (1) A grant or contract authorized by section 16 may be made only upon application to the Secretary at such time or times and containing such information as he may prescribe, except that no such application shall be approved unless it— " (A) sets forth programs, activities, research, or development for which a grant is authorized under section 16, and describes the relation to any program set forth by the applicant in an application, if any, submitted pursuant to section 18; " (B) provides such fiscal control and fund accounting procedures as may be necessary to assure proper disbursement of and accounting for Federal funds paid to the applicant under this section; and " (C) provides for making such reports, in such form and containing such information, as the Secretary may require to carry out his functions under this section, and for keeping such records and for affording such access thereto as the Secretary may find necessary to assure the correctness and verification of such reports. "(2) The Secretary shall allocate grants or contracts under section 16 in such manner as will most nearly provide an equitable distribution of the grants or contracts throughout the United States among institutions of higher education which show promise of being able to use funds effectively for the purposes of this section. " (3)(A) Payment under this section may be used in accordance with regulations of the Secretary, and subject to the terms and conditions set forth in an application approved under subsection (a), to pay part of the compensation of students employed in connection with the operation and maintenance of treatment works, other than as an employee in connection with the operation and maintenance of treatment works or as an employee in any branch of the Government of the United States, as part of a program for which a grant has been approved pursuant to this section. " (B) Departments and agencies of the United States are encouraged, to the extent consistent with efficient administration, to enter into arrangements with institutions of higher education for the full-time, part-time, or temporary employment, whether in the competitive or excepted service, of students enrolled in programs set forth m applications approved under subsection (a). AWARD OF

SCHOLARSHIPS

"SEC. 18. (1) The Secretary is authorized to award scholarships in accordance with the provisions of this section for undergraduate study by persons who plan to enter an occupation involving the operation and maintenance of treatment works. Such scholarships shall be awarded for such periods as the Secretary may determine but not to exceed four academic years. "(2) The Secretary shall allocate scholarships under this section among institutions of higher education with programs approved under the provisions of this section for the use of individuals accepted into such programs, in such manner and according to such plan as will insofar as practicable—

Conditions.

Reports to Secretary.

Equitable distribution.

Compensation of employed students.

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PUBLIC LAW 91-224-APR. 3, 1970

[84 STAT.

" (A) provide an equitable distribution of such scholarships throughout the United States; and " (B) attract recent graduates of secondary schools to enter an occupation involving the operation and maintenance of treatment works. Program ap"^3^ 'jj^g Secretary shall approve a program of an institution of t'io°ns^,' ''°^ *" higher education for the purposes of this section only upon application by the institution and only upon his finding— " (A) that such program has as a principal objective the education and training of persons in the operation and maintenance of treatment works; " (B) that such program is in effect and of high quality, or can be readily put into effect and may reasonably be expected to be of high quality; " (C) that the application describes the relation of such program to any program, activity, research, or development set forth by the applicant in an application, if any, submitted pursuant to section 16 of this Act; and " (D) that the application contains satisfactory assurances that ,,!,'„ (i) the institution will recommend to the Secretary for the award of scholarships under this section, for study in such program, only persons who have demonstrated to the satisfaction of the institution a serious intent, upon completing the program, to enter an occupation involving the operation and maintenance of treatment works, and (ii) the institution will make reasonable continuing efforts to encourage recipients of scholarships under this section, enrolled in such program, to enter occupations involving the operation and maintenance of treatment works upon completing the program. stipends. "^4^ (^^ 'p}^g Secretary shall pay to persons awarded scholarships under this section such stipends (including such allowances for subsistence and other expenses for such persons and their dependents) as he may determine to be consistent with prevailing practices under comparable federally supported programs. " (B) The Secretary shall (in addition to the stipends paid to persons under subsection (a)) pay to the institution of higher education at which such person is pursuing his course of study such amount as he may determine to be consistent with prevailing practices under comparable federally supported programs, "(5) A person awarded a scholarship under the provisions of this section shall continue to receive the payments provided in this section only during such periods as the Secretary finds that he is maintaining satisfactory proficiency and devoting full time to study or research in the field in which such scholarship was awarded in an institution of higher education, and is not engaging in gainful employment other than employment approved by the Secretary by or pursuant to regulation. "(6) The Secretary shall by regulation provide that any person awarded a scholarship under this section shall agree in writing to enter and remain in an occupation involving the design, operation, or maintenance of treatment works for such period after completion of his course of studies as the Secretary determines appropriate. "DEFINITIONS AND AUTHORIZATIONS

"SEC. 19. (1) As used in sections 16 through 19 of this Act— " (A) The term 'State' includes the District of Columbia, Puerto Rico, the Canal Zone, Guam, the Virgin Islands, American Samoa, and the Trust Territory of the Pacific Islands.

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STAT. ]

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PUBLIC LAW 91-224-APR. 3, 1970

" (B) The term 'institution of higher education' means an educa- Accreditation. tional institution described in the first sentence of section 1201 of the Higher Education Act of 1965 (other than an institution of any 8279 Stat. 1269; Stat. 1042. agency of the United States) which is accredited by a nationally rec- 20 USC 1141. ognized accrediting agency or association approved by the Secretary for this purpose. For purposes of this subsection, the Secretary shall publish a list of nationally recognized accrediting agencies or associations which he determines to be reliable authority as to the quality of training offered. " (C) The term 'academic year' means an academic year or its equivalent, as determined by the Secretary. " (2) The Secretary shall annually report his activities under sections Annual report. 16 through 19 of this Act, including recommendations for needed revisions in the provisions thereof. "(3) There are authorized to be appropriated $12,000,000 for the Appropriations. fiscal year ending June 30, 1970, $25,000,000 for the fiscal year ending June 30, 1971, and $25,000,000 for the fiscal year ending June 30, 1972, to carry out sections 16 through 19 of this Act (and planning and related activities in the initial fiscal year for such purpose). Funds appropriated for the fiscal year ending June 30, 1970, under authority of this subsection shall be available for obligation pursuant to the provisions of sections 16 through 19 of this Act during that year and the succeeding fiscal year. ((ALASKA

VILLAGE DEMONSTRATION PROJECTS

"SEC. 20. (a) The Secretary is authorized to enter into agreements with the State of Alaska to carry out one or more projects to demonstrate methods to provide for central community facilities for safe water and the elimination or control of water pollution in those native villages of Alaska without such facilities. Such projects shall include provisions for community safe water supply systems, toilets, bathing and laundry facilities, sewage disposal facilities, and other similar facilities, and educational and informational facilities and programs relating to health and hygiene. Such demonstration projects shall be for the further purpose of developing preliminary plans for providing such safe water and such elimination or control of water pollution for all native villages in such State. " (b) I n carrying out this section the Secretary shall cooperate with the Secretary of Health, Education, and Welfare for the purpose of utilizing such of the personnel and facilities of that Department as may be appropriate. "(c) The Secretary shall report to Congress not later than January 31, 1973, the results of the demonstration projects authorized by this section together with his recommendations, including any necessary legislation, relating to the establishment of a statewide program. " (d) There is authorized to be appropriated not to exceed $1,000,000 to carry out this section." SEC. 103. Redesignated section 21 of the Federal Water Pollution Control Act, as amended, is amended to read as follows: 'COOPERATION

BY ALL FEDERAL AGENCIES I N THE CONTROL POLLUTION ,..

Report to Congress.

Appropriation. Ante,

p. 91.

or

"SEC. 21. (a) Each Federal agency (which term is used in this section includes Federal departments, agencies, and instrumentalities) having jurisdiction over any real property or facility, or engaged in any Federal public works activity of any kind, shall, consistent with the paramount interest of the United States as determined by the President, insure compliance with applicable water quality standards

Federal agenc i e s, alleged pollution, hearings.

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 108

70 Stat. 504; 79 Stat. 903, 907. 33 USC 466g.

79 Stat. 907; 80 Stat. 1251.

Federal l i c e n s e, State certification.

Public notification p r o c e d u r e s.

Waiver.

Standards, enforcement.

Public hearing.

PUBLIC LAW 91-224-APR. 3, 1970

[84 STAT.

and the purposes of this Act in the administration of such property, facility, or activity. I n his summary of any conference pursuant to section 10(d)(4) of this Act, the Secretary shall include references to any discharges allegedly contributing to pollution from any such Federal property, facility, or activity, and shall transmit a copy of such summary to the head of the Federal agency having jurisdiction of such property, facility, or activity. Notice of any hearing pursuant to section 10(f) of this Act involving any pollution alleged to be effected by any such discharges shall also be given to the Federal agency having jurisdiction over the property, facility, or activity involved, and the findings and recommendations of the hearing board conducting such hearing shall include references to any such discharges which are contributing to the pollution found by such board. "(b)(1) Any applicant for a Federal license or permit to conduct any activity including, but not limited to, the construction or operation of facilities, which may result in any discharge into the navigable waters of the United States, shall provide the licensing or permitting agency a certification from the State in which the discharge originates or will originate, or, if appropriate, from the interstate water pollution control agency having jurisdiction over the navigable waters at the point where the discharge originates or will originate, that there is reasonable assurance, as determined by the State or interstate agency that such activity will be conducted in a manner which will not violate applicable water quality standards. Such State or interstate agency shall establish procedures for public notice in the case of all applications for certification by it, and to the extent it deems appropriate, procedures for public hearings in connection with specific applications. In any case where such standards have been promulgated by the Secretary pursuant to section 10(c) of this Act, or where a State or interstate agency has no authority to give such a certification, such certification shall be from the Secretary. If the State, interstate agency, or Secretary, as the case may be, fails or refuses to act on a request for certification, within a reasonable period of time (which shall not exceed one year) after receipt of such request, the certification requirements of this subsection shall be waived with respect to such Federal application. No license or permit shall be granted until the certification required by this section has been obtained or has been waived as provided in the preceding sentence. No license or permit shall be granted if certification has been denied by the State, interstate agency, or the Secretary, as the case may be. " (2) Upon receipt of such application and certification the licensing or permitting agency shall immediately notify the Secretary of such application and certification. Whenever such a discharge may affect, as determined by the Secretary, the quality of the waters of any other State, the Secretary within thirty days of the date of notice of application for such Federal license or permit shall so notify such other State, the licensing or permitting agency, and the applicant. If, within sixty days after receipt of such notification, such other State determines that such discharge will affect the quality of its waters so as to violate its water quality standards, and within such sixty-day period notifies the Secretary and the licensing or permitting agency in writing of its objection to the issuance of such license or permit and requests a public hearing on such objection, the licensing or permitting agency sljall hold such a hearing. The Secretary shall at such hearing submit his evaluation and recommendations with respect to any such objection to the licensing or permitting agency. Such agency, based upon the recommendations of such State, the Secretary, and upon any additional evidence, if any, presented to the agency at the hearing, shall condition such license or permit in such manner as may be necessary to insure compliance with applicable water quality standards. If

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the imposition of conditions cannot insure such compliance such agency shall not issue such license or permit. "(3) The certification obtamed pursuant to paragraph (1) of this subsection with respect to the construction of any facility shall fulfill the requirements of this subsection with respect to certification in connection with any other Federal license or permit required for the operation of such facility unless, after notice to the certifying State, agency, or Secretary, as the case may be, which shall be given by the Federal agency to whom application is made for such operating license or permit, the State, or if appropriate, the interstate agency or the Secretary, notifies such agency within sixty days after receipt of such notice that there is no longer reasonable assurance that there will be compliance with applicable water quality standards because of changes since the construction license or permit certification was issued in (A) the construction or operation of the facility, (B) the characteristics of the waters into which such discharge is made, or (C) the water quality standards applicable to such waters. This paragraph shall be inapplicable in any case where the applicant for such operating license or permit has failed to provide the certifying State, or if appropriate, the interstate agency or the Secretary, with notice of any proposed changes in the construction or operation of the facility with respect to which a construction license or permit has been granted which changes may result in violation of applicable water quality standards. "(4) Prior to the initial operation of any federally licensed or ji^^"""" "'^^^'" permitted facility or activity which may result in any discharge into the navigable waters of the United States and with respect to which a certification has been obtained pursuant to paragraph (1) of this subsection, which facility or activity is not subject to a Federal operating license or permit, the licensee or permittee shall provide an opportunity for such certifying State or, if appropriate, the interstate agency or the Secretary to review the manner in which the facility or activity shall be operated or conducted for the purposes of assuring that applicable st water quality standards will not be violated. Upon notification by the tion,a nldi a r d ss e violacen certifying State or, if appropriate, the interstate agency or the Secre- suspension tary that the operation of any such federally licensed or permitted facility or activity will violate applicable water quality standards, such Federal agency may, after public hearing, suspend such license or permit. If such license or permit is suspended, it shall remain suspended until notification is received from the certifying State, agency, or Secretary, as the case may be, that there is reasonable assurance that such facility or activity will not violate applicable water quality standards. " (5) Any Federal license or permit with respect to which a certification has been obtained under paragraph (1) of this subsection may be suspended or revoked by the Federal agency issuing such license or permit upon the entering of a judgment under section 10(h) of this Act that such facility or activity has been operated in violation of ^° s*^'- ^04; Til, f-, i. J 1 ^ 79 Stat. 903, 907 applicable water quality standards. 33 USC 466g. "(6) No Federal agency shall be deemed to be an applicant for the purposes of this subsection. " (7) I n any case where actual construction of a facility has been lawfully commenced prior to the date of enactment of the Water Quality Improvement Act of 1970, no certification shall be required under this subsection for a license or permit issued after the date of enactment of such Act of 1970 to operate such facility, except that any such license or permit issued without certification shall terminate at the end of the three-year period beginning on the date of enactment of such Act of 1970 unless prior to such termination date the person having such license or permit submits to the Federal agency which issued such license or permit a certification and otherwise meets the requirements of this subsection. 47-348 O - 72 - 11 'Pt. 1)

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 "(8) Except as provided in paragraph (7), any application for a license or permit (A) that is pending on the date of enactment of the Water Quality Improvement Act of 1970 and (B) that is issued within one year following such date of enactment shall not require certification pursuant to this subsection for one year following the issuance of such license or permit, except that any such license or permit issued shall terminate at the end of one year unless prior to that time the licensee or permittee submits to the Federal agency that issued such license or permit a certification and otherwise meets the requirements of this subsection.

"(9)(A) In the case of any activity which will affect water quality but for which there are no applicable water quality standards, no certification shall be required under this subsection, except that the licensing or permitting agency shall impose, as a condition of any license or permit, a requirement that the licensee or permittee shall comply with the purposes of this Act.

"(B) Upon notice from the State in which the discharge originates or, as appropriate, the interstate agency or the secretary, that such licensee or permittee has been notified of the adoption of water quality standards applicable to such activity and has failed, after reasonable notice, of not less than six months, to comply with such standards, the license or permit shall be suspended until notification is received from such State or interstate agency or the Secretary that there is reasonable assurance that such activity will comply with applicable water quality standards.

"(c) Nothing in this section shall be construed to limit the authority of any department or agency pursuant to any other provision of law to require compliance with applicable water quality standards. The Secretary shall, upon the request of any Federal department or agency, or State or interstate agency, or applicant, provide, for the purpose of this section, any relevant information on applicable water (quality standards, and shall, when requested by any such department or agency or State or interstate agency, or applicant, comment on any methods to comply with such standards.

"(d) In order to implement the provisions of this section, the Secretary of the Army, acting through the Chief of Engineers, is authorized, if he deems it to be in the public interest, to permit the use of spoil disposal areas under his jurisdiction by Federal licensees or permittees, and to make an appropriate charge for such use. Moneys received from such licensees or permittees shall be deposited in the Treasury as miscellaneous receipts."

Sec. 104. Redesignated section 22 of the Federal Water Pollution Control Act, as amended, is amended by adding at the end thereof the following: "(f)(1) It is the purpose of this subsection to authorize a program which will provide official recognition by the United States Government to those industrial organizations and political subdivsions of States which during the preceding year demonstrated an outstanding technological achievement or an innovative process, method or device in their waste treatment and pollution abatement programs. The Secretary shall, in consultation with the appropriate State water pollution control agency, establish regulations under which such recognition may be applied for and granted, except that no applicant shall be eligible for an award under this subsection if such applicant is not in total compliance with all applicable water quality standards under this Act, and otherwise does not have a satisfactory record with respect to environmental quality.


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"(2) The Secretary shall award a certificate or plaque of suitable d e s i ^ to each industrial organization or political subdivision which qualifies for such recognition under regulations established by this subsection. " (3) The President of the United States, the Governor of the appropriate State, the Speaker of the House of Representatives, and the President pro tempore of the Senate shall be notified of the award by the Secretary, and the awarding of such recognition shall be published in the Federal Register." SEC. 105. Section 5 of the Federal Water Pollution Control Act, as amended, is amended as follows: (1) by redesignating subsections (g) and (h) as (m) and (n), respectively, including all references thereto; (2) by inserting after subsection (f) the following new subsections: " (ff)(1) For the purpose of providing an adequate supply of trained ^=>'' ^ i '.

i

S

• i

•

• J^

T p J.

J ^ ^ y

,

1

Awards.

Notification to etc^'^^"^^ °^ ^'^" Publication in ^'"^' ^"^'^*"' 7o Stat. 499; H llll[ IH^ so Stat. 1247, ^^ ^^^ '*^^" ^ Manpower and development train-

personnel to operate and maintain existing and future treatment works ing program. and related activities, and for the purpose of enhancing substantially the proficiency of those engaged in such activities, the Secretary shall finance a pilot program, in cooperation wnth State and interstate agencies, municipalities, educational institutions, and other organizations and individuals, of manpower development and training and retraining of persons in, or entering into, the field of operation and maintenance of treatment works and related activities. Such program and any funds expended for such a program shall supplement^ not supplant, other manpower and training programs and funds available for the purposes of this paragraph. The Secretary is authorized, under such terms and conditions as he deems appropriate, to enter into agreements with one or more States, acting jointly or severally, or wnth other public or private agencies or institutions for the development and implementation of such a program. " (2) The Secretary is authorized to enter into agreements with public and private agencies and institutions, and individuals to develop and maintain an effective system for forecasting the supply of, and demand for, various professional and other occupational categories needed for the prevention, control, and abatement of water pollution in each region, State, or area of the United States and, from time to time, to publish the results of such forecasts. "(3) I n furtherance of the purposes of this Act, the Secretary is authorized to— " (A) make grants to public or private agencies and institutions and to individuals for training projects, and provide for the conduct of training by contract with public or private agencies and institutions and with individuals without regard to sections 3648 and 3709 of the Revised Statutes; 31 USC s 29. 41 USC 5. " (B) establish and maintain research fellowships in the Depart- ^' " ° " " ment of the Interior with such stipends and allowances, including traveling and subsistence expenses, as he may deem necessary to procure the assistance of the most promising research fellowships; and " (C) provide, in addition to the program established under paragraph (1) of this subsection, training in technical matters relating to the causes, prevention, and control of water pollution for personnel of public agencies and other persons with suitable qualifications. "(4) The Secretary shall submit, through the President, a report ^^^fp°''j 'eon^° P""^^' dent and to the Congress within eighteen months from the date of enactment gress. of this subsection, summarizing the actions taken under this subsection and the effectiveness of such actions, and setting forth the number of persons trained, the occupational categories for which training was

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Contract authority.

Publication in Federal R e g i s t e r.

Report to Congress.

Ante, p. 100.

79 Stat. 907. 33 USC 466g.

PUBLIC LAW 91-224-APR. 3, 1970

[84 STAT.

provided, the effectiveness of other Federal, State, and local training programs in this field, together with estimates of future needs, recommendations on improving training progTams, and such other information and recommendations, including legislative recommendations, as he deems appropriate. " (h) The Secretary is authorized to enter into contracts with, or make grants to, public or private agencies and organizations and individuals for (A) the purpose of developing and demonstrating new or improved methods for the prevention, removal, and control of natural or manmade pollution in lakes, including the undesirable effects of nutrients and vegetation, and (B) the construction of publicly owned research facilities for such purpose, " (i) The Secretary shall— " (A) engage in such research, studies, experiments, and demonstrations as he deems appropriate, relative to the removal of oil from any waters and to the prevention and control of oil pollution; " (B) publish from time to time the results of such activities; and " (C) from time to time, develop and publish in the Federal Register specifications and other technical information on the various chemical compounds used as dispersants or emulsifiers in the control of oil spills. I n carrying out this subsection, the Secretary may enter into contracts with, or make grants to, public or private agencies and organizations and individuals. " (j) The Secretary shall engage in such research, studies, experiments, and demonstrations as he deems appropriate relative to equipment which is to be installed on board a vessel and is designed to receive, retain, treat, or discharge human body wastes and the wastes from toilets and other receptacles intended to receive or retain body wastes with particular emphasis on equipment to be installed on small recreational vessels. The Secretary shall report to Congress the results of such research, studies, experiments, and demonstrations prior to the effective date of any standards established under section 13 of this Act. In carrying out this subsection the Secretary may enter into contracts with, or make grants to, public or private organizations and individuals. " (k) In carrying out the provisions of this section relating to the conduct by the Secretary of demonstration projects and the development of field laboratories and research facilities, the Secretary may acquire land and interests therein by purchase, with appropriated or donated funds, by donation, or by exchange for acquired or public lands under his jurisdiction which he classifies as suitable for disposition. The values of the properties so exchanged either shall be approximately equal, or if they are not approximately equal, the values shall be equalized by the payment of cash to the grantor or to the Secretary as the circumstances require. "(1)(1) The Secretary shall, after consultation with appropriate local. State, and Federal agencies, public and private organizations, and interested individuals, as soon as practicable but not later than two years after the effective date of this subsection, develop and issue to the States for the purpose of adopting standards pursuant to section 10(c) the latest scientific knowledge available in indicating the kind and extent of effects on health and welfare which may be expected from the presence of pesticides in the water in varying quantities. He shall revise and add to such information whenever necessary to reflect developing scientific knowledge.

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"(2) For the purpose of assuring effective implementation of standards adopted pursuant to paragraph (1) the President shall, in consultation with appropriate local, State, and Federal agencies, public and private organizations, and interested individuals, conduct a study and investigation of methods to control the release of pesticides into the environment which study shall include examination of the persistency of pesticides in the water environment and alternatives thereto. The President shall submit a report on such investigation to Congress together with his recommendations for any necessary legislation within two years after the effective date of this subsection." (3) in redesignated subsection (m)(4) by striking out the words "and June 30, 1969," and inserting in lieu thereof "June 30, 1969, June 30, 1970, and June 30, 1971,"; (4) by amending the first sentence of redesignated subsection (n) to read as follows: "There is authorized to be appropriated to carry out this section, other than subsection (g)(1) and (2), not _ " • the " ' to exceed $65,000,000 per fiscal year for each of' the fiscal years ending June 30, 1969, June 30, 1970, and June 30, 1971. There is authorized to be appropriated to carry out subsection (g)(1) of this section $5,000,000 for the fiscal year ending June 30, 1970, and $7,500,000 for the fiscal year ending June 30, 1971. There is authorized to be appropriated to carry out subsection (g)(2) of this section $2,500,000 per fiscal year for each of the fiscal years ending June 30, 1970, and June 30, 1971.". SEC. 106. Section 6(e) of the Federal Water Pollution Control Act (33 U.S.C. 466c-l) is amended as follows: ^ (1) Paragraph (1) is amended by striking out "three succeeding fiscal years" and inserting in lieu thereof "five succeeding fiscal years,". (2) Paragraph (2) is amended by striking out "two succeeding fiscal years," and inserting in lieu thereof "four succeeding fiscal years,". (3) Paragraph (3) is amended by striking out "two succeeding fiscal years," and inserting in lieu thereof "four succeeding fiscal years,". SEC. 107. Redesignated section 24 of the Federal Water Pollution Control Act, as amended, is amended by deleting the following: "the Oil Pollution Act, 1924, or". SEC. 108. The Oil Pollution Act, 1924 (43 Stat. 604), as amended (80 Stat. 1246-1252), is hereby repealed. SEC. 109. The Secretary of the Interior shall conduct a full and complete investigation and study of the feasibility of all methods of financing the cost of preventing, controlling, and abating water pollution, other than methods authorized by existing law. The results of such investigation and study shall be reported to Congress no later than December 31, 1970, together with the recommendations of the Secretary for financing the programs for preventing, controlling, and abating water pollution for the fiscal years beginning after fiscal year 1971, including any necessary legislation. SEC. 110. (a) The first sentence of section 2 of the Federal Water Pollution Control Act (33 U.S.C. 466-1) is amended by striking out "Federal Water Pollution Control Administration" and inserting in lieu thereof "Federal Water Quality Administration". (b) Any other law, reorganization plan, regulation, map, document, record, or other paper of the United States in which the Federal Water Pollution Control Administration is referred to shall be held to refer to the Federal Water Quality Administration. is amended in the fourth sentence by inserting after "because of lack
 * SEC. 111. Section 8(c) of the Federal Water Pollution Control Act

113 igage^^'^^'J^oi^* s^udy.""" '^°

(.^^^"^y" ""s"^®^^8° ^^^^- ^248.

Ante, p. 111.

deveioTent^^a propria^i^n"*' ^^ so Stat. 1247.

^"'^' P- ^^• ^f^f^r 4,, ^^ntr of study" fg|'°'"° ^°"" ^'^^^*

Federal water Ps^ritionCd'^s'ignation. ^^ ^'^'' ^°^-

7s Stat. 206; ^^afusc 46*6e.

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Water quality standards. 79 Stat. 9 0 8. 33 USC 466g.

PUBLIC LAW 91-224-APR. 3, 1970

[84

STAT.

of funds" the following: "including States having jDrojects eligible for reimbursement pursuant to the sixth and seventh sentences of this subsection". SEC. 112. Section 10 of the Federal Water Pollution Control Act, as amended, is amended by adding at the end of subsection (c)(8) the following new sentence: " I n establishing such standards the Secretary, the hearing board, or the appropriate State authority shall take into consideration their use and value for navigation." TITLE II—ENVIRONMENTAL QUALITY SHORT TITLE

SEC. 201. This title may be cited as the "Environmental Quality Improvement Act of 1970." FINDINGS, DECLARATIONS, AND PURPOSES

Office of Environmental Quality. Authorization. 83 Stat. 854. 42 USC 4 3 4 1 4347.

SEC. 202. (a) The Congress finds— (1) that man has caused changes in the environment; (2) that many of these changes may affect the relationship between man and his environment; and (3) that population increases and urban concentration contribute directly to pollution and the degradation of our environment. (b)(1) The Congress declares that there is a national policy for the environment which provides for the enhancement of environmental quality. This policy is evidenced by statutes heretofore enacted relating to the prevention, abatement, and control of environmental pollution, water and land resources, transportation, and economic and regional development. (2) The primary responsibility for implementing this policy rests with State and local governments. (3) The Federal Government encourages and supports implementation of this policy through appropriate regional organizations established under existing law. (c) The purposes of this title are— (1) to assure that each Federal department and agency conducting or supporting public works activities which affect the environment shall implement the policies established under existing law; and (2) to authorize an Office of Environmental Quality, which, notwithstanding any other provision of law, shall provide the professional and administrative staff for the Council on Environmental Quality established by Public Law 91-190. OFFICE OF ENVIRONMENTAL QUALITY

Establishment.

83 Stat. 854. 42 USC 4 3 4 1 4347. eompensation.

SEC. 203. (a) There is established in the Executive Office of the President an office to be known as the Office of Environmental Quality (hereafter in this title referred to as the "Office"). The Chairman of the Council on Environmental Quality established by Public Law 91-190 shall be the Director of the Office. There shall be in the Office a Deputy Director who shall be appointed by the President, by and with the advice and consent of the Senate. (b) The compensation of the Deputy Director shall be fixed by the President at a rate not in excess of the annual rate of compensation payable to the Deputy Director of the Bureau of the Budget. (c) The Director is authorized to employ such officers and employees (including experts and consultants) as may be necessary to enable the

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OflSice to carry out its functions under this title and Public Law 91-190, except that ne may employ no more than ten specialists and other experts without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and pay such specialists and experts without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classiiication and s use s loiGenerai Schedule pay rates, but no such specialist or expert shall be ^^^^' S331-5338. paid at a rate in excess of the maximum rate for GS-18 of the General Schedule under section 5332 of title 5. Pos<, p. i98-i. (d) I n carrying out his functions the Director shall assist and advise the President on policies and programs of the Federal Government affecting environmental quality by— (1) providing the professional and administrative stajff and support for the Council on Environmental Quality established by Public Law 91-190; Af^^l'f^^: 42 USC 4341(2) assisting the Federal agencies and departments in apprais- 4347.""" ' ' ' '" ing the effectiveness of existing and proposed facilities, programs, policies, and activities of the Federal Government, and those specific major projects designated hj the President which do not require individual project authorization by Congress, which affect environmental quality; (3) reviewing the adequacy of existing systems for monitoring and predicting environmental changes in order to achieve effective coverage and efficient use of research facilities and other resources; (4) promoting the advancement of scientific knowledge of the effects of actions and technology on the environment and encourage the development of the means to prevent or reduce adverse effects that endanger the health and well-being of man; (5) assisting in coordinating among the Federal departments and agencies those programs and activities which affect, protect, and improve environmental quality; (6) assisting the Federal departments and agencies in the development and interrelationship of environmental quality criteria and standards established through the Federal Government; (7) collecting, collating, analyzing, and interpreting data and information on environmental quality, ecological research, and evaluation. Contract (e) The Director is authorized to contract with public or private thority. auagencies, institutions, and organizations and with individuals without regard to sections 3648 and 3709 of the Revised Statutes (31 U.S.C. 529; 41 U.S.C. 5) in carrying out his functions. REPORT

SEC. 204. Each Environmental Quality Report required by Public rfs^frona\ c° ''!"" Law 91-190 shall, upon transmittal to Congress, be referred to each m?ttWs?^ standing committee having jurisdiction over any part of the subject matter of the Report. AUTHORIZATION

SEC. 205. There are hereby authorized to be appropriated not to exceed $600,000 for the fiscal year ending June 30, 1970, not to exceed $750,000 for the fiscal year ending June 30, 1971, not to exceed $1,250,000 for the fiscal year ending June 30, 1972, and not to exceed $1,500,000 for the fiscal year ending June 30, 1973. These authorizations are in addition to those contained in Public Law 91-190.

Appropriations.

83 Stat. sse. 42 USC 4347.

Approved April 3, 1970.

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PUBLIC LAW 91-225-APR. 7, 1970

[84 STAT.

Public Law 91-225 AN ACT April 7, 1970

[s. 2593]

To amend the Immigration and Nationality Act to facilitate the entry of certain nonimmigrants into the United States, and for other purposes.

Be it enacted by the Senate and House of Representatives of the Immigration and United /Sttttes of Amevica in Congress assembled, That (a) section amln°dminLf''' 101 (a) (15)(H) of the Immigration and Nationality Act (8 U.S.C. 66 Stat. 168. 1101 (a) (15)(H)), is amended to read as follows: " (H) an alien having a residence in a foreign country which he has no intention of abandoning (i) who is of distinguished merit and ability and who is coming temporarily to the United States to perform services of an exceptional nature requiring such merit and ability; or (ii) who is coming temporarily to the United States to perform temporary services or labor, if unemployed persons capable of performing such service or labor cannot be found in this country; or (iii) who is coming temporarily to the United States as a trainee; and the alien spouse and minor children of any such alien specified in this paragraph if accompanying him or following to join him." (b) Section 101(a) (15) of the Immigration and Nationality Act 75 Stat. 534. (8 U.S.C. 1101(a) (15)) is amended by adding at the end thereof the following new subparagraphs: " (K) an alien who is the fiancee or fiance of a citizen of the United States and who seeks to enter the United States solely to conclude a valid marriage with the petitioner within ninety days after entry, and the minor children of such fiancee or fiance accompanying him or following to join him. " (L) an alien who, immediately preceding the time of his application for admission into the United States, has been employed continuously for one year by a firm or corporation or other legal entity or an affiliate or subsidiary thereof and who seeks to enter the United States temporarily in order to continue to render his services to the same employer or a subsidiary or affiliate thereof in a capacity that is managerial, executive, or involves specialized knowledge, and the alien spouse and minor children of any such alien if accompanying him or following to join him." SEC. 2. Section 212(e) of the Immigration and Nationality Act (8 U.S.C. 1182(e)) is amended to read as follows: "(e) No person admitted under section 101(a) (15)(J) or acquiring such status after admission whose (i) participation in the program for which he came to the United States was financed in whole or in part, directly or indirectly, by an agency of the Government of the United States or by the government of the country of his nationality or his last residence, or (ii) who at the time of admission or acquisition of status under section 101(a) (15)(J) was a national or resident of a country which the Secretary of State, pursuant to regulations prescribed by him, had designated as clearly requiring the services of persons engaged in the field of specialized knowledge or skill in which

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the alien was engaged, shall be eligible to apply for an immigrant visa, or for permanent residence, or for a nonimmigrant visa under section 101(a) (15)(H) or section 101(a) (15)(L) until it is estab- Ante.^. iie. lished that such person has resided and been physically present in the country of his nationality or his last residence for an aggregate of a least two years following departure from the United States: Provided, That upon the favorable recommendation of the Secretary of State, pursuant to the request of an interested United States Government agency, or of the Commissioner of Immigration and Naturaliza tion after he has determined that departure from the United States would impose exceptional hardship upon the alien's spouse or child (if such spouse or child is a citizen of the United States or a lawfully resident alien), or that the alien cannot return to the country of his nationality or last residence because he would be subject to persecution on account of race, religion, or political opinion, the Attorney General may waive the requirement of such two-year for e i ^ residence abroad in the case of any alien whose admission to the United States is found by the Attorney General to be in the public interest: And provided ftorther, That the Attorney General may, upon the favorable recom- waiver. mendation of the Secretary of State, waive such two-year foreign residence requirement in any case in which the foreign country of the alien's nationality or last residence has furnished the Secretary of State a statement in writing that it has no objection to such waiver in the case of such alien." SEC. 3. (a) Section 214(c) of the Immigration and Nationality Act (8 U.S.C. 1184(c)) is amended by inserting after "101(a) (15)(H) " 66 Stat. 189. the language "or (L) ". (b) Section 214 of the Immigration and Nationality Act (8 U.S.C. 1184) is amended by adding at the end thereof the following new subsection: " (d) A visa shall not be issued under the provisions of section 101(a) (15)(K) until the consular officer has received a petition filed in the United States by the fiancee or fiance of the applying alien and approved by the Attorney General. The petition shall be in such form and contain such information as the Attorney General shall, by regulation, prescribe. I t shall be approved only after satisfactory evidence is submitted by the petitioner to establish that the parties have a bona fide intention to marry and are legally able and actually willing to conclude a valid marriage in the United States within a period of ninety days after the alien's arrival. I n the event the marriage with the petitioner does not occur within three months after the entry of the said alien and minor children, they shall be required to depart from the United States and upon failure to do so shall be deported in accordance with sections 242 and 243. I n the event the marriage 21^2'' ^^'"' ^^^' between the said alien and the petitioner shall occur within three 8 USC 1252, months after the entry and they are found otherwise admissible, the 1253. Attorney General shall record the lawful admission for permanent residence of the alien and minor children as of the date of the payment of the required visa fees." Approved April 7, 1970.

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Page:Folk-lore - A Quarterly Review. Volume 15, 1904.djvu/32

 18 of memory. Spells and legends formed the greater part of the course, much of which consisted in the learning of verse. No man could become a teacher in less than three years, inapt pupils were at once dismissed, which with constant tests secured efficiency. Besides the Red House there was a School of Star-lore, where priests and chiefs of the highest rank taught the omens, the calendar, proper times and observances connected with feasts, hunting, and the times at which crops should be planted and reaped. The teaching time was always night, the school was under tabu and opened and closed ceremoniously like the Red House. There was also a less formal establishment which one might call a School of Agriculture, where people of all classes learnt the necessary knowledge for the procuring of vegetable food, and the incantations which secured good supplies.

We have both in the Irish and Maori tales many examples of the regular formulae that helped the reciter, just as the formal lines that so often recur in the Homeric poems and the Chansons de geste, descriptive of common operations, helped the rhapsode and the trouvere.

Among the Eddic poems we find examples of the poetic Dialogue, a form of didactic composition dating from the last days of Scandinavian heathendom in the ninth century, giving instruction of the kind then deemed most important. These poems prove that the Scandinavians had also their method of handing down folklore, though there were no Medicine-men or Druids in the heathen North, and though Scandinavia was never greatly given to regular superstitions, admodum dedita religionibus, like the Gaul of Cæsar's time.

What comes out of all this (and there is much more that could be said on these archaic arrangements for securing the correct transmission of knowledge and science without the use of letters) is that, unless interrupted by a revolution, such as the incoming of new religion and culture,


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PUBLIC LAW 91-226-APR. 9, 1970

[84 STAT.

Public Law 91-226 JOINT RESOLUTION [s. J. Res. 190]

Railway labor ment!*^' ^^"^^* 44 Stat. 577.

To providt^ for the settlement of the labor dispute between certain cnrriers by railroad and certain of their employees.

"Whereas the labor dispute between the carriers represented by the National Railway Labor Conference and certain of their employees represented by the International Association of Machinists and Aerospace Workers; International Brotherhood of Boilermakers, Iron shipbuilders, Blacksmiths, Forgers and Helpers; Sheet Metal Workers" International Association; International Brotherhood of Electrical Workers functioning? through the Employees' (Conference Committee, labor organizations, threatens essential transportation services of the Nation; and Whereas all the procedures for resolving such dispute under the Railway Labor Act have been exhausted; and Whereas the representatives of all parties to this dispute reached agreement on all outstanding issues and entered into a memorandum of understanding, dated December 4, 1969; and AVhereas the terms of the memorandum of understanding, dated December 4, 1969, were ratified by the overM'helming majority of all employees voting and by a majority of employees in three out of the four labor organizations party to the dispute; and Whereas the failure of ratification resulted from the concern of a relatively small group of workers concerning the impact of one provision of the agreement; and Whereas this failure of ratification has resulted in a threatened nationwide cessation of essential rail transportation services; and Whereas the memorandum of understanding, dated December 4, 1969, permits the service of notices or proposals for changes under the Railway I ^ b o r Act on September 1, 1970, to become effective on or after January 1, 1971; and Whereas the national interest, including the national health and defense, requires that transportation services essential to interstate commerce is maintained; and Whereas the Congress finds that an emergency measure is essential to security and continuity of transportation services: Now, therefore, be it Resolved by the Senate and House of Representatives of the United Sttttcs of AmeHca in Congress assembled, That the memorandum of Understanding, dated December 4, 1969, shall have the same effect (including the preclusion of resort to either strike or lockout) as though arrived at by agreement of the parties under the Eailway Labor Act (45 U.S.C. 151 et seq.) and that February 19, 1970, shall be deemed the "date of notification of ratification" as used in this memorandum of understanding. Approved April 9, 1970.

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119

PUBLIC LAW 91-228-APR. 10, 1970

Public Law 91-227 AN ACT To authorize the exchange, upon terms fully protecting the public interest, of the lands and buildings now constituting the United States Public Health Service Hospital at New Orleans, Louisiana for lands upon which a new United States I'ublic Health Service Hospital at New Orleans, Louisiana may be located.

April 10, 1970 [H. R.13448]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, He^uii seX\^ce SECTION 1. That, subject to the provisions of section 2 of this Act, Hospital, New the Secretary' of Health, Education, and Welfare, is hereby authorized, Orleans, La. Land exchange, on behalf of the United States, to exchange with the Administrators of the Tulane Educational Fund upon such terms and conditions as the Secretary may determine to be in the public interest, the lands and buildings comprising the United States Public Health Service Hospital at N^ew Orleans, Louisiana, for lands upon which a new United States Public Health Service Hospital at New Orleans, Louisiana may be located, to be provided by the Administrators of the Tulane Educational Fund at a suitable site. SEC. 2. The exchange authorized by the first section of this Act shall not be made unless the Secretary of Health, Education, and Welfare determines (1) that the value to the United States of the property to be conveyed to it is equal to or in excess of the market value of the property to be conveyed by the United States, or (2) that the United States is to receive from the Administrators of the Tulane ICducational Fund upon conveyance of the properties to be exchanged, a sum of money equal to the amount by whicn the market value of the property to be conveyed by the United States exceeds the value to the United States of the property to be conveyed to the United States. Any money received shall be covered into the Treasury as a miscellaneous receipt. Approved April 10, 1970. Public Law 91-228 AN ACT To permit El Paso and Hudspeth Counties, Texas, to be placed in the mountain standard time zone.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress a-ssembled. That, notwithstanding the first section of the Act of March 4, 1921 (15 U.S.C. 265), the Secretary of Transportation may, upon the written request of the County Commissioners Court of E l Paso County, Texas, change the boundary line betAveen the central standard time zone and the mountain standard time zone, so as to place VA Paso County in the mountain standard time zone, in the manner prescribed in section 1 of the Act of March 19, 1918, as amended (15 U.S.C. 261), and section 5 of the Act of April 13, 1966 (15 U.S.C. 266). I n the same manner, the Secretary of Transportation may also f)lace Hudspeth County, Texas, in the mountain standard time zone, if the Hudspeth County Commissioners Court so requests in writing and if El Paso County is to be placed in that time zone. Approved April 10, 1970.

April 10, 1970 [H. R.14289]

El Paso and Hudspeth Counties, T e x a s. Mountain standard time zone. 41 Stat. 1446,

80 Stat. 108.

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PUBLIC LAW 91-229-APR. 11, 1970

[84 STAT.

Public Law 91-229 April 11, 1970

f - ^^^1 ^

Indians.

^^^5 Stat. 316, 8 2 Stat. 770. 48 Stat. 988.

Limitation.

Title in trust.

Rights and privi eges.

Mortgaged property.

Interest rate. 7 5 Stat. 308. 7 TT^r^ 10*57

^ ^

ACT

To provide for loans to Indian tribes and tribal corporations, and for other purposes.

Be it enacted by the SeTiate and House of Representatives of the United States of America in Congress assembled, That the Secretary of Agriculture is authorized to make loans from the Farmers Home Administration Direct Loan Account created by section 338(c), and to make and insure loans as provided in sections 308 and 309, of the Consolidated Farmers Home Administration Act of 1961, as amended (7 U.S.C. 1988(c), 1928, 1929), to any Indian tribe recognized by the Secretary of the Interior or tribal corporation established pursuant to ^j^g Indian Reorganization Act (25 U.S.C. 477), which does not have adequate uncommitted funds, to acquire lands or interests therein within the tribe's reservation as determined by the Secretary of the Interior, or within a community in Alaska incorporated by the Secretary pursuant to the Indian Reorganization Act, for use of the tribe QJ. ^jjg corporation or the members of either. Such loans shall be limited to such Indian tribes or tribal corporations as have reasonable prospects of success in their proposed operations and as are unable to obtain sufficient credit elsewhere at reasonable rates and terms to finance the purposes authorized in this Act. SEC. 2. Title to land acquired by a tribe or tribal corporation with a loan made or insured pursuant to this Act may, with the approval of the Secretary of the Interior, be taken by the United States in trust for the tribe or tribal corporation. gj;c. 3. A tribe or tribal corporation to which a loan is made or iusurcd pursuant to this Act (1) may waive in writing any immunity from suit or liability which it may possess, (2) may mortgage or otherwise hypothecate trust or restricted property if (a) authorized by its constitution or charter or by a tribal referendum, and (b) approved by the Secretary of the Interior, and (3) shall comply with rules and regulations prescribed by the Secretary of Agriculture in connection with such loans. g^c. 4. Trust Or restricted tribal or tribal corporation property mortgaged pursuant to this Act shall be subject to foreclosure and sale or conveyance in lieu of foreclosure, free of such trust or restrictions, in accordance with the laws of the State in which the property is located. gj^c. 5. Loaus made or insured pursuant to this Act will be subject to the interest rate provisions of section 307(a) of the Consolidated Farmers Home Administration Act of 1961, as amended, and •

•

to the provisions of subtitle D of that Act except sections 340, 341, 7 USC 1990, 342, and 343 thereof: Provided, That section 334 thereof shall not be they are held by an Indian tribe or tribal corporation or by the United States in trust for such tribe or tribal corporation pursuant to this Act. Approved April 11, 1970.
 * 'yg5."i°984.^°^^^' construed to subject to taxation any lands or interests therein while

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PUBLIC LAW 91-230-APR. 13, 1970

121

Public Law 91-230 ^N ACT To extwid prgranis of assistance for elementary and secondary education, and for other puriM)ses.

April 13. 1970 [H. R. 514]

Be it eruK-ted by the Senate and Flou^e of Re'pre>i of the United Statea of America in Congr'e-sH nHHemhted^ Elementary and POI.K^Y W I T H

KKSPECT TO THE APPLICATION OF CERTAIN FEDERAL EAW

secondary education assistance PROVISIONS OK programs, extension.

SEC. 2. (a) It is the policy of the United States that guidelines and criteria established pursuant to title VI of the Civil Rights Act of 1964 and section 182 of the Elementary and Secondary Education "^ ^'f*- ^52. Amendments of 1966 dealing with conditions of segregation by race, go sta?, ^uo^t whether de jure or de facto, in the schools of the local educational si Stat. 787. agencies of any State shall be applied uniformly in all regions of the 42 USC 2000d-5. Ignited States whatever the origin or cause of such segregation. (b) Such uniformity refers to one policy applied uniformly to de uniformity. jure segregation wherever found and such other policy as may be provided pursuant to law applied uniformly to de facto segregation wherever found. (c) Nothing in this section shall be coiistrued to diminish the compliance. obligation of responsible officials to enforce or comply with such guidelines and criteria in order to eliminate discrimination in federally-assisted programs and activities as required by title VI of the Civil Rights Act of 1964. (d) It is the sense of the Congress that the Department of Justice Additional and the Department of Health, Education, and Welfare should request such additional funds as may be necessary to apply the policy set forth in this section throughout the United States. TITLE

I—AMENDMENTS T OTHER L E M E N T A R Y A N D SEC^ONDARY E D U C A T I O N ACT O F 1965

PART A—AMENDMENTS TO TITLE I ONDARY EDUCATION ACT OF 1965 (^HILDREN) EXTENSION OF TITLE

' '

OF THE ELEMENTARY AND SEC(EDUCATION OF DISADVANTAGED

I O F THE E L E M E N T A R Y A N D SECONDARY EDUCATION ACT OF 19 6 5

SEC. 101. (a) Section 102 of title I of the Elementary and Secondary P2ducation Act of 1965 is amended by striking out ''June 30, 1970"" g/gtal^'" ^^' and inserting in lieu thereof "June 30, 1973"'. 20 USC 24ib. (b) The third sentence of section 103(a)(1)(A) of such title I is ^^ ^tat. 783.' amended by striking out "the fiscal year ending June 30, 1969,"' and ^'*^'^* inserting in lieu thereof "each of the succeeding fiscal years ending prior to July 1, 1972,"'. (c) Section 121(d) of such title I is amended by striking out "each"' ^1 s'''*- ^s^' where it ajjpears after "$50,000,000" and by striking out "the succeed- 26 USC 24ih.i. ing fiscal year"* and insertiii.'i in lieu thereof "for each of the succeeding fiscal years ending prior to July 1, 1973"'. S T I D Y O F ALLOCATION OF F U N D S

SEC. 102. (a) The Commissioner of Education shall make a study of the allocation of sums appropriated for the purposes of title I of

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PUBLIC LAW 91-230-APR. 13, 1970

[84 STAT.

s/statVs?^' 20 USC 24ia "°

the Elementury and Secondary Education Act of 19(55 and of the effectiveness of the various provisions of such title in making funds avaihible to State and local educational agencies in order to meet the purposes of such title 1, Such study shall make special reference to the distribution of funds to local educational agencies within counties, the means by which such funds may he concentrated in school attendance areas with the highest concentrations of children from low-income families, the appropriateness of the Federal percentage and the lowincome factor provided for in subsection (c) of section 103 of such si^stat^'ssVs? ^^^^^ ^ when considered in the light of the extra cost of providing 20 USC 241C. * compensatory education for educationally deprived children (including the means of providing services authorized by such title to such children residing in rural areas), and the use of special incentive grants to increase State and local effort for education. 3!F°^^ *° ^°"' (^) ^^^ ^'^^^^' ^^*'^" March 81, 1972, the Commissioner shall submit gress. to the Congress a report on the study required by subsection (a), together with such recommendations as he may deem appropriate with respect to modification of programs under title I of the Elementary and Secondary Education Act of 1965. Xotwithstanding the first 79 Stat. 28. seiit^uce of section 108(d) of such title I, the Commissioner shall not )r use data fo the purposes of section 108 of such title I from the 1970 he census of the United States prior to July 1, 1972, nKSKJXA'riOX O K R K S P O N S I B I L I T Y FOR P R O VI S I O N O F Sl'KClAL E O r C A T l O N A L SEKVH'KS FOR IX S T l ' J l n O X A L I Z E D NE<}LE(TEI) OR D E I. IX Q I ' E N T CHlLnREX'^

SEC. 108. (a) Paragraph (2) of section 108(a) of title I of the 79 Stat. 28;

E l e m e n t a r y and S e c o n d a r y Education Act of 1965 is amended by a d d -

nig at the end thereof the following sentence: "Xotwithstanding the foregoing provisions of this paragraph, upon determination by the State educational agency that a local educational agency in the State is unable or unwilling to provide for the Special educational needs of 80 Stat. 1193.

79 Stat. 29.

children, described in clause (C) of the first sentence of t h i s p a r a -

graph, who are living in institutions for neglected or delinquent children, the State educational agency shall, if it assumes responsibility for t\\& special educational needs of such children, be eligible to receive the portion of the allocation to such local educational agency which is attributable to such neglected or delinquent children, but if the State educational agency does not assume such responsibility, any other State or local public agency, as determined by regulations established by the (Commissioner, which does assume such responsibility shall bo eligible to receive such portion of the allocation." (b) Section 108(d) of such Act is amended by adding at the end thereof the following new sentence: " For purposes of this section, the Secretary shall consider all children who are in correctional institutions to be living in institutions for delinquent children." IX C ' L l ' S I O N OF I ' l ERTO R1("0 AND OTJIER O l ' r i > Y l X ( } AREAS W l T F I RE81'E("T TO NE(J1.E(TEI> OR D E L I N Q V E N T C H I L D R E N

79 Stat. 28; 1 Stat. 787, Effective date.

SE(\ 104. (a) Paragraph (4) of section 108(a) of title I of the Elelueiitary and Secondary PMucation Act of 1965 is amended by striking ^^^^ "paragraph (5) " and inserting in lieu thereof "paragraphs (5) and (7)". ^j) J'],^, amendment made by this section shall be effective after June 80, 1970. i'l

i viiij

ili

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S i H "lO^ l>'*tBtiqO'f<[qi; • MilfJ- 'f<; ilOf ' frJOl I f: Oitt

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PUBLIC LAW 91.230-APR. 13, 1970

123

AMENDMENTS WITH RESPECT TO HANDICAPPED AND NEGLECTED OR DELINQUENT CHILDREN

SEC. 105. (a) Paragraph (5) of section 103(a) of title I of the Elementary and Secondary Education Act of 1965 is amended to read 79 Stat. nei; «n ^ 81 Stat. 787. as follows: 20 USC 24ic "(5) In the case of a State agency which is directly responsible for providing free public education for handicapped children (including mentally retarded, hard of hearing, deaf, speech impaired, visually handicapped, seriously emotionally disturbed, crippled, or other health impaired children who by reason thereof require special education), the maximum grant which that agency shall be eligible to receive under this part for any fiscal year shall be an amount equal to the Federal percentage of the average per pupil expenditure in the State or, if reater, m the United States, multiplied by the number of such chilren in average daily attendance, as determined by the Commissioner, at schools for handicapped children operated or supported by the State agency, including schools providing special education for handicapped children under contract or other arrangement with such State a ^ n c y, in the most recent fiscal year for which satisfactory data are available. Such State agency shall use payments under this part only for programs and projects (including the acquisition of equipment and where necessary the construction of school facilities) which are designed to meet the special educational needs of such children." (b) Paragraph (7) of section 103(a) of such title I is amended by ^o Stat. 1194. inserting after "supported by that State agency" the following: ", including schools providing education for such children under contract or other arrangement with such agency,". (c) The amendments made by this section shall be effective after Effective date. June 30, 1970.

f

R E Q U I R I N G GRANTS FOR MIGRATORY CHILDREN TO BE BASED ON THE NUMBER TO BE SERVED

SEC. 106. (a) The first sentence of paragraph (6) of section 103(a) of title I of the Elementary and Secondary Education Act of 1965 is, so Stat. 1192. effective with the first allocation of funds pursuant to such title by the Commissioner after the date of enactment of this Act, amended to read as follows: "A State educational agency which has submitted and had Stat. 1192. approved an application under section 105(c) for any fiscal year shall 80 USC 241e. 20 be entitled to receive a grant for that year under this part, based on the number of migratory children of migratory agriculture workers to be served, for establishing or improving programs for such children." (b) The second sentence thereof is amended by striking "shall be" the first time it appears and inserting in lieu thereof "may be made"; and by inserting immediately before the period in such second sentence the following: ", except that if, in the case of any State, such ^^t?..:? 1, amount exceeds the amount required under the preceding sentence and under section 105(c)(2), the Commissioner shall allocate such excess, to the extent necessary, to other States whose maximum total of grants under this sentence would otherwise be insufficient for all such children to be served in such other States". USE OF MOST R E C E N T DATA UNDER TITLE I

SEC. 107. (a) The third sentence of section 103(d) of title I of the Elementary and Secondary Education Act of 1965 is amended by so Stat. 1195; inserting immediately before the period at the end thereof the fol- ^^ ^'^** ^^'** lowing: "or, to the extent that such data are not available to him before April 1 of the calendar year in which the Secretary's determina-

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20 USC 2^1*0.

PUBLIC LAW 91-230-APR. 13, 1970

[84 STAT.

tion is made, tlieii on the basis of the most recent reliable data available to him at the time of such determination". ('^) Section 103(e) of such title is amended by inserting the following after "during the second fiscal year preceding the fiscal year for which the computation is made": "(or, if satisfactory data for that year are not available at the time of computation, then during the earliest preceding fiscal year for which satisfactory data are available)". SALARY BONUSES FOR TEACHERS I N SCHOOLS W I T H HKJH CONCENTRATIONS o r EDUCA.TIONALLY DEPRIVED C III U J R E N

^stat^** ^°' 20 USC 24i"e.

SEC. 108. Paragraph (1) of Section 105(a) of the Elementary and Secondary Education Act of 1965 is amended by inserting "payments to tcachers of amounts in excess of regular salary schedules as a bonus for service in schools eligible for assistance under this section," after "including the acquisition of equipment,''. P R O H I B I T I O N AGAINST S U P P L A N T I N G STATE AND LOCAL F U N D S W I T H FEDERAL F U N D S

Effective date.

SEC. 109. (a) Paragraph (3) of section 105(a) of title 1 of the Elementary and Secondary ICducation Act of 1965 is amended to read as follows: "(3) that (A) the local educational agency has provided satisfactory assurance that the control of funds provided under this title, and title to property derived therefrom, shall be in a public agency for the uses and purposes provided in this title, and that a public agency will administer such funds and property, (B) Federal funds made available under this title will be so used (i) as to supplement and, to the extent practical, increase the level of funds that would, in the absence of such Federal funds, be made available from non-Federal sources for the education of pupils participating in programs and projects assisted under this title, and (ii) in no case, as to supplant such funds from non-Federal sources, and (C) State and local funds will be used in the district of such agency to provide services in project areas which, taken as a whole, are at least comparable to services being provided in areas in such district which are not receiving funds under this title: Provided, That any finding of noncompliance with this clause shall not affect the payment of funds to any local educational agency until the fiscal year beginning July 1, 1972, and Provided further, That each local educational agency receiving funds under this title shall report on or before July 1, 1971, and on or before July 1 of each year thereafter with respect to its compliance with this clause;". (b) The amendment made by subsection (a) shall be effective with respect to all applications submitted to State educational agencies after thirty days after the date of enactment of this Act. Nothing in this section shall be construed to authorize the supplanting of State and local funds with Federal funds prior to the effective date of the amendment made by this section. APPLICATIONS

79 Stat. 30; 81 Stat. 784.

TO BE MADE AVAILABLE TO

PUBLIC

SEC. 110. Section 106(a) of title I of the Elementary and Secondary Education Act of 1965 is amended by redesignating paragraphs (8) through (11) as paragraphs (9) through (12), respectively, and jj^y inserting after paragraph (7) the following new paragraph:

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