text:
Page:United States Statutes at Large Volume 79.djvu/1241

 79 STAT. ]

PUBLIC LAW 89-321-NOV. 3, 1965

1201

wheat has been planted, or is considered to have been planted, for harvest as grain m any one of the three years immediately preceding the year for which allotments are determined on the basis of past acreage of wheat and the farm acreage allotment for the year immediately preceding the year for which the allotment is bein^ established, adjusted as hereinafter provided. For purposes of this paragraph, the acreage allotment for the immediately preceding year may be adjusted to reflect established crop-rotation practices, may be adjusted downw^ard to reflect a reduction in the tillable acreage on the farm, and may be adjusted upward to reflect such other factors as the Secretary determines should be considered for the purpose of establishing a fair and equitable allotment: Provided, That (i) for the purposes of computing the allotment for any year, the acreage allotment for the farm for the immediately preceding year shall be decreased by 7 per centum if for the year immediately preceding the year for which such reduction is made neither a voluntary diversion program nor a voluntary certificate program was in effect and there was noncompliance with the farm acreage allotment for such year; (ii) for purposes of clause (i), any farm on which the entire amount of farm marketing excess is delivered to the Secretary, stored, or adjusted to zero in accordance with applicable regulations to avoid or postpone payment of the penalty when farm marketing quotas are in effect, shall be considered in compliance with the allotment, but if any part of the amount of wheat so stored is later depleted and penalty becomes due by reason of such depletion, the allotment for such farm next computed after determination of such depletion shall be reduced by reducing the allotment for the immediately preceding year by 7 per centum; and (iii) for purposes of clause (i) if the Secretary determines that the reduction in the allotment does not provide fair and equitable treatment to producers on farms following special crop rotation practices, he may modify such reduction in the allotment as he determines to be necessary to provide fair and equitable treatment to such producers." Repeal (6) Subsection (d) of section 334 is repealed, 39. (7) Subsection (g) of section 334 is amended by striking out the 74 uStat. 1334. 7 se language "except as prescribed in the provisos to the first sentence of 71 Stat. 477; subsections (a) and (b), respectively, of this section" in the first 72 Stat. 180; 76 Stat. 1520. sentence, (8) Section 335 is amended by adding at the end thereof the follow- 76 Stat. 621, i n g: "This section shall not be applicable to the crops planted for 7 USC 1335. harvest in 1967 and subsequent years." (9) Section 339(b) is amended (1) by striking out "1964 and 1965 7 USC 1339. crops of wheat" and substituting "crops of wheat planted for harvest in the calendar years 1964 through 1969"; and, (2) by striking out of the third sentence "20 per centum of the farm acreage allotment" and "fifteen acres" and substituting "50 per centum of the farm acreage allotment" and "twenty-five acres", respectively. (10) Section 339(e) is amended to read as follows: " (e) The Secre- Diverted tary may permit all or any part of the diverted acreage to be devoted a c r e a g e. to the production of guar, sesame, safiiower, sunflower, castor beans, mustard seed, crambe, plantago ovato, and flaxseed, if he determines that such production of the commodity is needed to provide an adequate supply, is not likely to increase the cost of the price-support program and will not adversely affect farm income, subject to the condition that payment with respect to diverted acreage devoted to any such crop shall be at a rate determined by the Secretary to be fair and reasonable taking into consideration the use of such acreage for the production of such crops: Provided, That in no event shall

�


text:
Page:United States Statutes at Large Volume 79.djvu/1242

 1202

78 Stat. 179. 7 USC 1379b,

'^^u^^c^'is^? ^ 'd

li°r ^^''°"'^ '^ ^^'^^'

\

PUBLIC LAW 89-321-NOV. 3, 1965

[79 STAT.

the payment exceed one-half the rate which otherwise would be applicable if such acreage were devoted to conservation uses." SEC. 502. Effective only with respect to the crops of wheat planted for harvest in the calendar years 1966 through 1969, and the marketing years for such crops, section 3'r9b is amended to read as follows: "SEC. 379b. A wheat marketing allocation program as provided in this subtitle shall be in effect for the marketing years for the crops planted for harvest in the calendar years 1966 through 1969. Whenever a wheat marketing allocation program is in effect for any marketing year the Secretary shall determine (1) the wheat marketing allocation for such year which shall be the amount of wheat he estimates will be used during such year for food products for consumption in the United States, but the amount of wheat included in the marketing allocation for food products for consumption in the United States shall not be less than five hundred million bushels, and (2) the national allocation percentage for such year which shall be the percentage which, when applied to the farm as provided in this section, will result in marketing certificates being issued to producers in the amount of the national wheat marketing allocation. The cost of any domestic marketing certificates issued to producers in excess of the number of certificates acquired by processors as a result of the application of the five hundred million bushel minimum or an overestimate of the amount of -vyheat used during such year for food products for consumption in the United States shall be borne by Commodity Credit Corporation, Each farm shall receive a wheat marketing allocation for such marketing year equal to the number of bushels obtained by multiplying the number of acres in the farm acreage allotment for wheat by the projected farm yield, and multiplying the resulting number of bushels by the national allocation percentage." SEC. 503. Effective beginning with the 1970 crop, section 379b is amended by striking out "normal yield of wheat for the farm as determined by the Secretary" and substituting "projected farm yield". SEC. 504. (a) Effective upon the enactment of this Act, section 379d (b) is amended by striking out the third sentence and substituting the following: "The Secretary may exempt from the requirements of this subsection wheat exported for donation abroad and other noncommercial exports of wheat, wheat processed for use on the farm where grown, wheat produced by a State or agency thereof and processed for use by the State or agency thereof, wheat processed for donation, and wheat processed for uses determined by the Secretary to be noncommercial. Such exemptions may be made applicable with respect to any wheat processed or exported beginning July 1, 1964. There shall be exempt from the requirements of this subsection beverage distilled from wheat prior to July 1, 1964. A beverage distilled from wheat after July 1, 1964, shall be deemed to be removed for sale or consumption at the time it is placed in barrels for aging except that upon the giving of a bond as prescribed by the Secretary, the purchase of and payment for such marketing certificates as may be required may be deferred until such beverage is bottled for sale. Wheat shipped to a Canadian port for storage in bond, or storage under a similar arrangement, and subsequent exportation, shall be deemed to have been exported for purposes of this subsection when it is exported from the Canadian port." (^) Section 379d(d) is amended by inserting after the word "flour" the following: " (excluding flour second clears not used for human consumption as determined by the Secretary)", and by inserting at the end thereof the following: "The Secretary may at his election administer the exemption for wheat processed into flour second clears through refunds either to processors of such wheat or to the users

�

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


text:
Page:United States Statutes at Large Volume 79.djvu/1243

 79 STAT. ]

PUBLIC LAW 89-321-NOV. 3, 1965

1203

of such clears. For the purpose of such refunds, the wheat equivalent of flour second clears may be determined on the basis of conversion factors authorized by section 379f of the Agricultural Adjustment Act of 1938, even though certificates had been surrendered on the basis of 76 Stat. (529. the weight of the wheat." ' ^ '''"'• This subsection shall be effective as to products sold, or removed for Effective date, sale or consumption on or after sixty days following enactment of this Act, unless the Secretary shall by regulation designate an earlier effective date within such sixty-day period. (c) Section 379d(b) is amended by adding at the end thereof the y^ul^c^uyVd following: "Whenever the face value per bushel of domestic marketing certificates for a marketing year is different from the face value of domestic marketing certificates for the preceding marketing year, the Secretary may require marketing certificates issued for the preceding marketing year to be acquired to cover all wheat processed into food products during such preceding marketing year even though the food product may be marketed or removed for sale or consumption after the end of the marketing year." (d) Section 379g is amended by inserting " (a) " after "SEC. 379g" 76 Stat. 629. and adding a new subsection (b) as follows: ^' "(b) Whenever the face value per bushel of domestic marketing certificates for a marketing year is substantially difi'erent from the face value of domestic marketing certificates for the preceding marketing year, the Secretary is authorized to take such action as he determines necessary to facilitate the transition between marketing years. Notwithstanding any other provision of this subtitle, such authority shall include, but shall not be limited to, the authority to sell certificates to persons engaged in the processing of wheat into food products covering such quantities of wheat, at such prices, and under such terms and conditions as the Secretary may by regulation provide. Any such certificate shall be issued by Commodity Credit Corporation." SEC. 505. The Agricultural Act of 1964 is amended as follows: (1) Amendment (7) of section 202 is amended by striking out 78 Stat. 179. "1964 and 1965" and substituting "the calendar years 1964 through n^te^ ^^^^ 1969". (2) Amendment (13) of section 202 is amended by striking out 7 USC 1379c "only with respect to the crop planted for harvest in the calendar "°*^" year 1965" and substituting "with respect to the crops planted for harvest in the calendar years 1965 through 1969". (3) Section 204 is amended by striking out "1964 and 1965" and 7 USC 1427 substituting "1964 through 1969". "°*^SEC. 506. Effective only with respect to the 1966 through 1969 crops, section 107 of the Agricultural Act of 1949, as amended (7 U.S.C. 1445a), is amended to read as follows: 78 Stat. is 2. "SEC. 107. Notwithstanding the provisions of section 101 of this Act, for any marketing year— 63 Stat. 1051. u s e 1441. " (l)(a) Price support for wheat accompanied by domestic certificates shall be at 100 per centum of the parity price or as near thereto as the Secretary determines practicable, and (b) price support for wheat not accompanied by marketing certificates shall be at such level, not in excess of the parity price therefor, as the Secretary determines appropriate, taking into consideration competitive world prices of wheat, the feeding value of wheat in relation to feed grains, and the level at which price support is made available for feed grains, "(2) notwithstanding the provisions of paragraph (1), for the 1966 crop, price support for wheat accompanied by domestic marketing certificates shall be at 100 per centum of the parity price therefor, and price support for wheat not accompanied by mar-

�


text:
Page:United States Statutes at Large Volume 79.djvu/1244

 1204

76 Stat. 622; 78 Stat. 179. 7 USC 1339.

'Cooperator."

76 Stat. 627; 78 Stat. 180. 7 USC 1379c.

76 Stat. 621. 7 USC 1335.

52 Stat. 38. 7 USC 130 1. "Projected national yield."

PUBLIC LAW 89-321-NOV. 3, 1965

[79 STAT.

keting certificates shall be not less than $1.25 per bushel. For any crop of wheat planted for harvest during the calendar years 1967 through 1969 for which the diversion factor established pursuant to section 339(a) of the Agricultural Adjustment Act of 1938, as amended, is not less than 10 per centum, the total average rate of return per bushel made available to a cooperator on the estimated production of his allotment based on projected yield through loans, domestic marketing certificates, estimated returns from export marketing certificates, and diversion payments for acreage diverted pursuant to section 339(a) of the Agricultural Adjustment Act of 1938, as amended, shall not be less than the total average rate of return per bushel made available to cooperators through loans and domestic marketing certificates for the 1966 crop. " (3) Price support shall he, made available only to cooperators, and " (4) A 'cooperator' with respect to any c-rop of wheat produced on a farm shall be a producer who (i) does not knowingly exceed (A) the farm acreage allotment foi- wheat on the farm or (B) except as the Secretary may by regulation prescribe, the farm acreage allotment for wheat on any other farm on which the producer shares in the production of wheat, and (ii) complies with the land-use requirements of section 339 of the Agricultural Adjustment Act of 1938, as amended, to the extent prescribed by the Secretary. No producer shall be deemed to have exceeded a farm acreage allotment for wheat if the production on the acreage in excess of the farm acreage allotment is stored pursuant to the provisions of section 379c (b), but the pi-oducer shall not be eligible to receive price support, on the wheat so stored.'"' SEC. 507. Effective beginning with the crop planted for harvest in the calendar year 1967, section 339(a)(1) of the Agricultural Adjustment Act of 1938, as amended, is amended by inserting after the words "national acreage allotment", wherever they appear, the following: "(less an acreage equal to the increased acreage allotted for 1966 pursuant to section 335) '. SEC. 508. Effective beginning with the crop planted for harvest in the calendar year 1966, section 379c(a) of the Agricultural Adjustment Act of 1938, as amended, is amended by inserting before the f)eriod at the end of the third sentence thereof a semicolon and the folowing: "except that in any case in which the Secretary determines that such basis would not be fair and equitable, the Secretary shall provide for such sharing on such other basis as he may determine to be fair and equitable."", and by adding at the end thereof the following: "An acreage on the farm not planted to wheat because of drought, flood, or other natural disaster shall be deemed to be an actual acreage of wheat planted for harvest for purposes of this subsection provided such acreage is not subsequently planted to any other income-producing crops during such year. Producers on any farm who have planted not less than 90 per centum of the acreage of wheat required to l>e planted in order to earn the full amount of marketing certificates for which the farm is eligible shall be deemed to have planted the entire acreage required to be planted for that purpose.'* SEC. 509. Section 301(b) of the Agricultural Adjustment Act of 1938, as amended, is amended as follows: (1) Paragraph (8) is amended by inserting "(A) " after "(8)"' and adding the following new subparagra])!): " (B) 'Projected national yield" as applied to any crop of wheat. shall be determined on the ba-sis of the national yield per harveste<l acre of the commodity (hiiiiiir each of the Hve calendar years immedi-

�


text:
Page:United States Statutes at Large Volume 79.djvu/1245

 79 STAT. ]

PUBLIC LAW 89-321-NOV. 3, 1965

ately preceding the year in which such projected national yield is determined, adjusted for abnormal weather conditions affecting such yield, for trends in yields and for any significant changes in production practices." (2) Paragraph (13) is amended by adding the following new subparagraphs: " (J) 'Projected county yield' for any crop of wheat shall be determined on the basis of the yield per harvested acre of such commodity in the county during each of the five calendar years immediately preceding the year in which such projected county yield is determined, adjusted for abnormal weather conditions affecting such yield, for trends in yields and for any significant changes in production practices. " (K) 'Projected farm yield' for any crop of wheat shall be determined on the basis of the yield per harvested acre of such commodity on the farm during each of the three calendar years immediately preceding the year in which such projected farm yield is determined, adjusted for abnormal weather conditions affecting such yield, for trends in fields and for any significant changes in production practices, but m no event shall such projected farm yield be less than the normal yield for such farm as provided in subparagraph (E) of this paragraph." SEC, 510. (a) Section 379c(b) of the Agricultural Adjustment Act of 1938, as amended, is amended, effective beginning with the 1966 crop, by striking out of the fifth sentence the words ' for m a l yield of wheat per acre established for the farm" and substituting therefor the words projected farm yield". (b) Section 379i of the Agricultural Adjustment Act of 1938, as amended, is amended, effective as of the effective date of the original enactment of that section, by inserting in subsections (a) and (b) after the word "who", wherever it appears, the word "knowingly". SEC. 511. (a) Effective beginning with the crop planted for harvest in 1966, paragraph (9) of section 301(b) of the Agricultural Adjustment Act of 1938, as amended, is amended by striking out "cotton" and "wheat" and by adding at the end thereof the following: " 'Normal production' as applied to any number of acres of cotton or wheat means the projected farm yield times such number of acres." (b) Public Law 74, Seventy-seventh Congress, as amended, is amended by changing the words "normal yield of wheat per acre established for the farm" in paragraph (1) to the words "projected farm yield". SEC. 512. The national. State, county, and farm acreage allotments for the 1966 crop of w'heat shall be established in accordance with the provisions of law in effect prior to the enactment of this Act. SEC. 513. (a) Section 379d(b) of the Agricultural Adjustment Act of 1938 is amended by striking out the second sentence and substituting the following: "The cost of the export marketing certificates per bushel to the exporter shall be that amount determined by the Secretary on a daily basis which would make United States wheat and wheat flour generally competitive in the world market, avoid disruption of world market prices, and fulfill the international obligations of the United States." (b) Section 379c (a) of such Act is amended by striking out everything in the next to the last sentence beginning with the words "United States" and substituting the following: "United States. The Secretary shall also provide for the issuance of export marketing certificates to eligible producers at the end of the marketing year on a pro rata basis. For such purposes, the value per bushel of export marketing certificates shall be an average of the total net proceeds from the sale of export marketing certificates during the marketing year after

1205

7\j|*c*'i3'^i "Projected^ ''°""*^ ^'^

.^'Projected farm

7o Stat. 212. ^^ ^*^*- ^27; 7 USC fa^c.

^ "^^ 13791.

7 USC*i34o'

^^us^c* 137 ^ d

�


text:
Page:United States Statutes at Large Volume 79.djvu/1246

 1206

PUBLIC LAW 89-321-NOV. 3, 1965

[79 STAT.

deducting the total amount of wheat export subsidies paid to exporters." rus*c*i379^c (^) Section 379c(c) of such Act is amended by striking out "and the face value per bushel of export certificates shall be the amount by which the level of price support for wheat accompanied by export certificates exceeds the level of price support for noncertificate wheat". Tu^c'^issVc ^^^' ^^^- Section 328 of the Food and Agriculture Act of 1962 is amended by adding to the end thereof the following: "In establishing terms and conditions for permitting wheat to be planted in lieu of oats and rye, the Secretary may take into account the number of feed units per acre of wheat in relation to the number of feed units per acre of oats and rye." SEC. 515. Section 379c of the Agricultural Adjustment Act of 1938, 76 Stat. 627. ^g amended, is amended, effective beginning with the crop planted for harvest in the calendar year 1964, by adding the following subsection: " (e) I n any case in which the failure of a producer to comply fully with the terms and conditions of the programs formulated under this Act preclude the issuance of marketing certificates, the Secretary may, nevertheless, issue such certificates in such amounts as he determines to be equitable in relation to the seriousness of the default." SEC. 516. Section 379e of the Agricultural Adjustment Act of 1938, 7 USC i379e. ^g amended, is amended by adding at the end thereof the following: "Notwithstanding any other provision of this Act, Commodity Credit Corporation shall sell marketing certificates for the marketing years for the 1966 through the 1969 wheat crops to persons engaged in the processing of food products at the face value thereof less any amount by which price support for wheat accompanied by domestic certificates exceeds $2 per bushel." !^'^!n!:fl\^^°^^^ SEC. 517. Subsection (b) of section 379c of the Agricultural Adjustfor relief pur ment Act of 1938 is amended by inserting immediately preceding poses the words "stored" wherever it appears, in the fourth through the sixth sentences, the words "delivered to the Secretary or", and by adding at the end thereof the following: "Any wheat delivered to the Secretary hereunder shall become the property of the United States and shall be disposed of by the Secretary for relief purposes in the United States or in foreign countries or in such other manner as he shall determine will divert it from the normal channels of trade and commerce. Notwithstanding any other provision of this Act, the Secretary may provide that a producer shall not be eligible to receive marketing certificates, or may adjust the amount of marketing certificates to be received hj the producer, with respect to any farm for any year in which a variety of wheat is planted on the farm which has been determined by the Secretary, after consultation with State Agricultural Experiment Stations, agronomists, cereal chemists and other qualified technicians, to have undesirable milling or baking qualities and has made public announcement thereof."

TITLE VI—CROPLAND ADJUSTMENT ^^^s^tai" 1 ^^^' ^^^- "^^^ ^^^1 Bank Act of 1956, as amended, is hereby re7 USC 1801' pealed, except that it shall remain in effect with respect to contracts "oteentered into prior to such repeal. rZll?^'^^^ "^"^ SEC. 602. (a) Notwithstanding any other provision of law, for the producers. purpose of reducing the costs of farm programs, assisting farmers in turning their land to nonagricultural uses, promoting the development and conservation of the Nation's soil, water, forest, wildlife, and recreational resources, establishing, protecting, and conserving open spaces and natural beauty, the Secretary of Agriculture is authorized to formulate and carry out a program during the calendar

�


text:
Page:United States Statutes at Large Volume 79.djvu/1247

 79 STAT. ]

PUBLIC LAW 89-321-NOV. 3, 1965

1207

years 1965 through 1969 under which agreements would be entered into with producers as hereinafter provided for periods of not less than five nor more than ten years. No agreement shall be entered into under this section concerning land with respect to which the ownership has changed in the three-year period preceding the first year of the agreement period unless the new ownership was acquired by will or succession as a result of the death of the previous owner, or unless the new ownership was acquired prior to January 1, 1965, under other circumstances which the Secretary determines, and specifies by regulation, will give adequate assurance that such land was not acquired for the purpose of placing it in the program: Provided, That this provision shall not be construed to prohibit the continuation of an agreement by a new owner after an agreement has once been entered into under this section: Provided further, That the Secretary shall not require a person who has operated the land to be covered by an agreement under this section for as long as three years preceding the date of the agreement and who controls the land for the agreement period to own the land as a condition of eligibility for entering into the agreement." (b) The producer shall agree (1) to carry out on a specifically Land use. designated acreage of land on the farm regularly used in the production of crops (including crops, such as tame hay, alfalfa, and clovers, which do not require annual tillage and which have been planted within five years preceding the date of the agreement), hereinafter called "designated acreage", and maintain for the agreement period practices or uses which will conserve soil, water, or forest resources, or establish or protect or conserve open spaces, natural beauty, wildlife or recreational resources, or prevent air or water pollution, in such manner as the Secretary may prescribe (priority being given to the extent practicable to practices or uses which are most likely to result in permanent retirement to noncrop uses); (2) to maintain in conserving crops or uses or allow to remain idle throughout the agreement period the acreage normally devoted to such crops or uses; (3) not to harvest any crop from or graze the designated acreage during the agreement period, unless the Secretary, after certification by the Governor of the State in which such acreage is situated of the need for grazing or harvesting of such acreage, determines that it is necessary to permit grazing or harvesting in order to alleviate damage, hardship, or suffering caused by severe drought, flood, or other natural disaster, and consents to such grazing or harvesting subject to an appropriate reduction in the rate of payment; and (4) to such additional terms and conditions as the Secretary determines are desirable to effectuate the purposes of the program, including such measures as the Secretary may deem appropriate to keep the designated acreage free from erosion, insects, weeds, and rodents. Agreements entered into under which 1966 is the first year of the agreement period (A) shall require the producer to divert from production all of one or more crops designated by the Secretary; and (B) shall ndt provide for diversion from the production of upland cotton in any county in which the county committee by resolution determines, and requests of the Secretary, that there should not be such diversion in 1966. (c) Under such agreements the Secretary shall (1) bear such part Federal costs. of the average cost (including labor) for the county or area in which the farm is situated of establishing and maintaining authorized practices or uses on the designated acreage as the Secretary determines to be necessary to effectuate the purposes of the program, but not tb exceed the average rate for comparable practices or uses under the agricultural conservation program, and (2) make an annual adjust- Annual adjustment payment to the producer for the period of the agreement at ""^"^ payment.

�


text:
Page:United States Statutes at Large Volume 79.djvu/1248

 1208

Advertising and bid procedures.

Annual adj usttnent payment, limitation.

Agreements, termination or modification.

Allotment histories.

Repeal. 74 Stat. 1030; 7 6 Stat. 606. 16 USC 590p.

5 2 Stat. 31. 16 USC 590h.

PUBLIC LAW 89-321-NOV. 3, 1965

[79 STAT.

such rate or rates as the Secretary determines to be fair and reasonable in consideration of the obligations undertaken by the producers. The rate or rates of annual adjustment payments as determined hereunder may be increased by an amount determined by the Secretary to be appropriate in relation to the benefit to the general public of the use of the designated acreage if the producer further agrees to permit, without other compensation, access to such acreage by the general public, during the agreement period, for hunting, trapping, fishing, and hiking, subject to applicable State and Federal regulations. The Secretary and the producer may agree that the annual adjustment payments for all years of the agreement period shall be made either upon approval of the agreement or in such installments as they may agree to be desirable: Provided, That for each year any annual adjustment payment is made in advance of performance, the annual adjustment payment shall be reduced by 5 per centum. The Secretary may provide for adjusting any payment on account of failure to comply with the terms and conditions of the program. (d) The Secretary shall, unless he determines that such action will be inconsistent with the effective administration of the program, use an advertising and bid procedure in determining the lands in any area to be covered by agreements. The total acreage placed under contract in any county or local community shall be limited to a percentage of the total eligible acreage in such county or local community which the Secretary determines would not adversely affect the economy of the county or local community. In determining such percentage the Secretary shall give appropriate consideration to the productivity of the acreage being retired as compared to the average productivity of eligible acreage in the county or local community. (e) The annual adjustment payment shall not exceed 40 per centum of the estimated value, as determined by the Secretary, on the basis of prices in effect at the time the agreement is entered into, of the crops or types of crops which might otherwise be grown. The estimated value may be established by the Secretary on a county, area, or individual farm basis as he deems appropriate. (f) The Secretary may terminate any agreement with a producer by mutual agreement with the producer if the Secretary determines that such termination would be in the public interest, and may agree to such modification of agreements as he may determine to be desirable to carry out the purposes of the program or facilitate its administration. (g) Notwithstanding any other provision of law, the Secretary of Agricillture may, to the extent he deems it desirable, provide by appropriate regulations for preservation of cropland, crop acreage, and allotment history applicable to acreage diverted from the production of crops in order to establish or maintain vegetative cover or other approved practices for the purpose of any Federal program under which such history is used as a basis for an allotment or other limitation or for participation in such program. Subsections (b)(3) and (4) and (e)(6) of section 16 of the Soil Conservation and Domestic Allotment Act, as amended, are repealed, except that all rights accruing thereunder to persons who entered into contracts or agreements prior to such repeal shall be preserved. (h) I n carrying out the program, the Secretary shall utilize the services of local, county, and State committees established under section 8 of the Soil Conservation and Domestic Allotment Act, as amended. (i) For the purpose of obtaining an increase in the permanent retirement of cropland to noncrop uses the Secretary may, notwithstanding any other provision of law, transfer funds available for

�


text:
Page:United States Statutes at Large Volume 79.djvu/1249

 79 STAT. ]

PUBLIC LAW 89-321-NOV. 3, 1965

1209

carrying out the program to any otliei- Federal agency or to States or local government agencies for use in acquiring cropland for the preservation of open spaces, natural beauty, the development of wildlife or recreational facilities, or the prevention of air or water pollution under terms and conditions consistent with and at costs not greater than those under agreements entered into with producers, provided the Secretary determines that the purposes of the program will be accomplished by such action. (j) The Secretary also is authorized to share the cost with State and local governmental agencies in the establishment of practices or uses which will establish, protect, and conserve open spaces, natural beauty, wildlife or recreational resources, or prevent air or water pollution under terms and conditions and at costs consistent with those under agreements entered into with producers, pro\ided the Secretary determines that the purposes of the program will be accomplished by such action. (k) I n carrying out the program, the Secretary shall not during any of the fiscal years ending June 80, 1966 through June 30, 1968 or during the period June 30, 1968 through December 31, 1969, enter into agreements with producers which would re(iuire payments to producers in any calendar year under such agreements in excess of $225,000,000 plus any amount by which agreements entered into in prior fiscal years require payments in amounts less than authorized for such prior fiscal years. For purposes of applying this limitation, the annual adjustment payment shall be cluirgeaple to the year in which performance is rendered I'egardless of the year in which it is made. (1) The Secretary is authorized to utilize the facilities, services. Commodity authorities, and funds of the Commodity (^redit Corporation in dis- tion/use°af°'^^' charging his functions and responsibilities under this program, includ- facilities. ing payment of costs of administration: Provided. That after December 31, 1966, the Connnodity Credit Corporation shall not make any expenditures for carrying o\U the purposes of this title unless the Corporation has received funds to cover such expenditures from appropriations made to carry out the purposes of this title. There are hereby authorized to be appropriated such sums as may be necessary to carry out the program, including such amounts as may be required to make payments to the Corporation for its actual costs incurred or to be incurred under this program. (m) In case any producer who is entitled to any payment or compensation dies, becomes incompetent, or disappears before receiving such payment or compensation, or is succeeded by another who renders or completes the required performance, the payment or compensation shall, without regard to any other provisions of law, be made as the Secretary may determine to be fair and reasonable in all the circumstances and so provide by regulations. (n) The Secretary shall provide adeijuate safeguards to protect the interests of tenants and sharecroppers, in<']uding provision for sharing, on a fair and equitable basis, in payments or compensation under 'this program. (o) The acreage on any farm which is diverted from the production of any commodity pursuant to an agreement hereafter entered into under this title shall be deemed to be acreage diverted from that commodity for the purposes of any conmiodity program under which diversion is required as a condition of eligibility for price support. (p) The Secretary may, without regard to the civil service laws. Advisory Board appoint an Advisory Board on Wildlife to advise and consult on pointment^' ^ matters relating to his functions under this title as he deems appropriate. The Board shall consist of twelve persons <^hosen from members of wildlife organizations, farm organizations, State game and 49-850 0-66—79

�


text:
Page:United States Statutes at Large Volume 79.djvu/1250

 1210

PUBLIC LAW 89-321-NOV. 3, 1965

[79 STAT.

fish agencies, and representatives of the general public. Members of such Advisory Board who are not regular full-time employees of the United States shall not be entitled to any compensation or expenses, (q) The Secretary shall prescribe such r e f l a t i o n s as he determines necessary to carry out the provisions of this title. TITLE VII—MISCELLANEOUS Commodity or land u s e, acreage measurement. 5 2 Stat. 65. 7 USC 1374.

68 Stat. 90 4; 74 Stat. 258. To b a c c o allotments. 77 Stat. 8 1. 7 USC 1314b.

75 Stat. 469; Ante, p. 66. 7 USC 1314c.

P e a n u t s, definition. 71 Stat. 344; 77 Stat. 9 2. P a r i t y income study.

Report to e o n gress. Transfer of allot, ments, etc.

SEC. 701. Section 374(a) of the Agricultural Adjustment Act of 1938, as amended, is amended to read as follows: " (a) The Secretary shall provide for ascertaining, by measurement or otherwise, the acreage of any agricultural commodity or land use on farms for which the ascertainment of such acreage is necessary to determine compliance under any program administered by the Secretary. Insofar as practicable, the acreage of the commodity and land use shall be ascertained prior to harvest, and, if any acreage so ascertained is not in compliance with the requirements of the program the Secretary, under such terms and conditions as he prescribes, may provide a reasonable time for the adjustment of the acreage of the commodity or land use to the requirements of the program." SEC. 702. Section 374(c) of the Agricultural Adjustment Act of 1938, as amended, is amended by deleting the first sentence thereof. SEC. 703. Subsection (a) of section 316 of the Agricultural Adjustment Act of 1938, as amended, is amended (i) by striking out of the first sentence thereof "1962, 1963, 1964, and 1965," and inserting "1962 through 1969" and (ii) by striking out of the last sentence thereof "1964 or 1965" and inserting "1964 through 1969". Notwithstanding the provisions of subsection 316(c) and subsection 317(f) relating to lease and transfer of allotments for years subsequent to 1965, of the Agricultural Adjustment Act of 1938, as amended, whenever acreage-poundage quotas are in effect for any kind of tobacco as provided in section 317 of the Act, except in the case of hurley tobacco, and other kinds of tobacco not subject to section 316, the lease and transfer shall be on a pound for pound basis and the acreage allotment for the lessee farm shall be increased by an amount determined by dividing the number of pounds leased by the farm yield for the lessee farm, and the acreage allotment for the lessor farm shall be reduced by an amount determined by dividing the number of pounds leased by the farm yield for the lessor farm. SEC. 704. The last paragraph of the Act entitled "An Act to amend the peanut marketing quota provisions of the Agricultural Adjustment Act of 1938, as amended, and for other purposes", approved August 13, 1957 (7 U.S.C. 1359 note), is amended to read as follows: "This amendment shall be effective for the 1957 through 1969 crops of peanuts." SEC. 705. The Secretary of Agriculture shall make a study of the parity income position of farmers, including the development of criteria for measuring parity income of commercial family farmers and the feasibility of adapting such criteria to major types of farms and to selected counties. The Secretary shall report the results of such study to the Congress not later than June 30, 1966. SEC. 706. Notwithstanding any other provision of law, the Secretary, upon the request of any agency of any State charged with the administration of the public lands of the State, may permit the transfer of acreage allotments or feed grain bases together with relevant production histories which have been determined pursuant to the Agricultural Adjustment Act of 1938, as amended, or section 16 of

�


text:
Page:United States Statutes at Large Volume 79.djvu/1251

 79 STAT. ]

PUBLIC LAW 89-321-NOV. 3, 1965

the Soil Conservation and Domestic Allotment Act, as amended, from any farm composed of public lands to any other farm or farms in the same county composed of public lands: Provided, That as a condition for the transfer of any allotment or base an acreage equal to or greater than the allotment or base transferred prior to adjustment, if any, shall be devoted to and maintained in permanent vegetative cover on the farm from which the transfer is made. The Secretary shall prescribe regulations which he deems necessary for the administration of this section, which may provide for adjusting downward the size of the allotment or base transferred if the farm to which the allotment or base is transferred normally has a higher yield per acre for the commodity for which the allotment or base is determined, for reasonable limitations on the size of the resulting allotments and bases on farms to which transfers are made, taking into account the size of the allotments and bases on farms of similar size in the community, and for retransferring allotments or bases and relevant histories if the conditions of the transfer are not fulfilled. SEC. 707. The Agricultural Adjustment Act of 1938, as amended, is amended by inserting after section 378 the following new section: «R E CONSTITUTION

1211

5 2 Stat. 31. 7 USC 128 1.

OF F A R M S

"SEC. 379. I n any case in which the ownership of a tract of land is transferred from a parent farm, the acreage allotments, history acreages, and base acreages for the farm shall be divided between such tract and the parent farm in the same proportion that the cropland acreage in such tract bears to the cropland acreage in the parent farm, except that the Secretary shall provide by regulation the method to be used in determining the division, if any, of the acreage allotments, histories, and bases in any case in which— "(1) the tract of land transferred from the parent farm has been or is bein^ transferred to any agency having the right to acquire it by eminent domain; "(2) the tract of land transferred from the parent farm is to be used for nonagricultural purposes; "(3) the parent farm resulted from a combination of two or more tracts of land and records are available showing the contribution of each tract to the allotments, histories, and bases of the parent farm; "(4) the appropriate county committee determines that a division based on cropland proportions would result in allotments and bases not representative of the operations normally carried out on any transferred tract during the base period; or "(5) the parent farm is divided among heirs in settling an estate. "(6) neither the tract transferred from the parent farm nor the remaining portion of the parent farm receives allotments in excess of allotments for similar farms in the community having allotments of the commodity or commodities involved and such allotments are consistent with good land uses, but this clause (6) shall not be applicable in the case of hurley tobacco." SEC. 708. Notwithstanding any other provision of law, in the determination of farm yields the Secretary may use projected yields in lieu of normal yields. In the determination of such yields the Secretary shall take into account the actual yield proved by the producer for the base period used in determining the projected yield, and the pro-

Projected

yields.

�


text:
Page:United States Statutes at Large Volume 79.djvu/1252

 1212

PUBLIC LAW 89-321-NOV. 3, 1965

[79 STAT.

jectecl yield shall not be less than such actual yield proved by the producer. Dairy products. gj,^. 709. TliB Secretary of Agriculture is hereby authorized to use funds of the Commodity Credit Corporation to purchase sufficient supplies of dairy products at market piices to meet the I'equirements of any programs for the schools (other than fluid milk in the case of schools), domestic relief distribution, community action, foreign distribution, and such other programs as are authorized by law, when (here are insufficient stocks of dairy products in the hands of Commodity Credit Corporation available for these purposes. TITLE VIII—KICK Acreage diver63 Stat. 1059; 69 Stat. 45; ^'^7 USC 1353. sion program.

^^^, y|^ Section 85:^(c) of the Agricultural Adjustment Act of. I T T t ^ i T i c n • 15>88, as amended, is amended by addnig the tollowing new paragraph "(7) If the national acreage allotment for rice for 1966, 1967, 1968, or 1969 is less than the national acreage allotment for rice for 1965, the Secretary shall fonnulate and carry out an acreage diversion program for rice for such yeai- designed to support the gross income of rice producers at a level Jiot lower than that for 1965, minus any reduction in jH'oduction costs resulting from the reduced rice acreage. Tender such program conservation payments shall be made to producers who comply with their rice acreage allotments, devote to an approved conservation use an acreage of cropland on the farm equal to the number of acres determined by multiplying the fann acreage allotment by the diversion factor, and comply with such additional terms and conditions as the Secretary may prescribe. The diversion factor shall be determined by dividing the number of acres by which the national acreage allotment is reduced below the national acreage allotment for 1965 by the number of acres in the national acreage allotment. Notwithstanding the foregoing provisions, the Secretary may pennit all or any part of such diverted acreage to be devoted to the production of guar, sesame, safflower, sunflower, castor beans, mustard seed, crambe, plantago ovato, and flaxseed, if he determines that such production is not likely to increase the cost of the price-suppoit program and will not adversely affect farm income, subject to the condition that payment with respect to diverted acreage devoted to any such crops shall be at a rate determined by the Secretary to be fair and reasonable, taking into consideration the use of such acreage for the production of such crops; but in no event shall the payment exceed one-half the rate which otherwise would be applicable if such acreage were devoted to conservation uses. Such program shall require the producer to take such measures as the Secretary may deem appropriate to keep such diverted acreage free from erosion, insects, weeds, and rodents. The Secretary may make not to exceed 50 per centum of any payments to producers in advance of determination of performance. The Secretary shall provide for the sharing of payments under this paragraph among proayments authorized in this paragraph and to pay administrative expenses necessary in carrying out this paragraph.''
 * it the end thereof:

�


text:
Page:United States Statutes at Large Volume 79.djvu/1253

 79 STAT. ]

PUBLIC LAW 89-323-NOV. 5, 1965

1213

SEC. 802. Section 403 of the Agricultural Act of 1949, as amended, ^J'st^t^'^PPgJ; is amended by inserting at the end thereof the following: " I n deter- 72 Stat. 993. ' mining support prices for the 1966 and 1967 crops of rice the Secre- 7 USC 1423. tary shall, notwithstanding the foregoing or any other provision of law, use head and broken rice value factors for the various varieties which (1) are not lower than those used with respect to the 1965 crop, and (2) QO not differ as between any two varieties by a greater amount than the value factors used with respect to the 1965 crop for such two varieties differed." Approved November 3, 1965.

Public Law 89-322 AN ACT

To authorize the release of certain quantities of zinc from either the national stockpile or the supplemental stockpile, or both.

November 4, 1965 [H. R. 9047]

Be it enacted by the Senate and House of Representatives of the Zinc. United States of America in Congress assembled, That the Adminis- D i s p o s a l. trator of General Services is hereby authorized to dispose of, by negotiation or otherwise, from either the national stockpile established pursuant to the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98-98h) or the supplemental stockpile established pur- ^o Stat. 596. suant to section 104(b) of the Agricultural Trade Development and Assistance Act of 1954 (7 U.S.C. 1704(b)), or from both such stock- ^s Stat. 607. piles (1) approximately two hundred thousand short tons of zinc. The disposals authorized by this section may be made without regard to the provisions of section 3 of the Strategic and Critical Materials Stock Piling Act, but the time and method of the disposals shall be fixed with due regard to the protection of the United States against avoidable loss and the protection of producers, processors, and consumers against avoidable disruption of their usual markets. Approved November 4, 1965.

Public Law 89-323 AN ACT

November 5, 19 65

To authorize the disposal, without regard to the prescribed six-month waiting I)eriod, of approximately two hundred million pounds of nickel from the national stockpile.

[H. R. IPSO5]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Adminis- Nickei. trator of General Services is hereby authorized to dispose of approxi^sposai. mately two hundred million pounds of nickel now held in the national stockpile. Such disposal may be made without regard to the provision of section 3(e) of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98b(e)) that no disposition of materials held ^ ^tat. 597. in the national stockpile shall be made prior to the expiration of six months after the publication in the Federal Kegister and the trans- p,f^"'^i\''^*i°PJ" mission to the Congress and to the Armed Services Committee of each Federal Reg;ister. House thereof of the notice of the proposed disposition required by said section 3(e). Approved November 5, 1965.

�


text:
Page:United States Statutes at Large Volume 79.djvu/1254

 1214

PUBLIC LAW 89-324-NOV. 5, 1965

[79 STAT.

Public Law 89-324 November 5, 1965 [H. R. 78 12]

Naval v e s s e l s. Loan authorization.

AN ACT To a u t h o r i z e the loan of naval vessels to friendly foreign other purposes.

countries, and for

Be if enacted by the Senate and Roune of Repre>:>entativeH of the Ignited StaisH of Amer'/ca tn Congress assembled, TITLE I

70A Stat. 452.

Italy and Spain.

75 Stat. 424. 22 USC 2151

SEC. 101. Notwithstanding section 7807 of title 10, United States Code, or any other law, the President may lend to friendly foreign nations, on such terms and conditions as he deems appropriate, ships from the reserve fleet as follows: (1) Italy, two submarines, and (2) Spain, one helicopter carrier. SEC. 102, All expenses involved in the activation, rehabilitation, and outfitting (including repairs, alterations, and logistic support) of vessels transferred under this title shall be charged to funds provided by the recipient government under the reimbursable provisions of the Foreign Assistance Act of 1961, as amended, or successor legislation. TITLE II

Argentina and Brazil.

Sale of v e s s e l s. 70A Stat. 451.

'<ey and •pines.

SEC. 201. Notwithstanding section 7807 of title 10, United States Code, or any other law, the President may sell or lend, at his discretion, to friendly foreign nations of Latin America irom the reserve fleet, on such terms and conditions as he deems appropriate, destroyers as follows: (1) Argentina, two destroyers, Brazil, three destroyers. SEC. 202. All expenses involved in the activation, rehabilitation, and outfitting (including repairs, alterations, and logistic support) of vessels transferred under this title shall be charged to funds provided by the recipient government under the reimbursable provisions of the Foreign Assistance Act of 1961, as amended, or successor legislation. SEC. 203. Notwithstanding sections 7304 and 7305 of title 10, United States Code, should the President determine that the vessel or vessels shall be sold to the recipient government, said vessel or vessels shall be stricken from the Naval Vessel Register. The vessel or vessels shall be sold at not less than $1,000,000 each over and above any cost of activation, overhaul, or modification. All sales will be made pursuant to the Foreign Assistance Act of 1961, as amended, or successor legislation. TITLE III SEC. 301. Notwithstanding section 7307 of title 10, United States Code, or any other law, the President may lend to friendly foreign nations, on such terms and conditions as he deems appropriate, ships from the reserve fleet as follows: (1) Turkey, two destroyers, and (2) the Philippines, one destroyer escort. SEC. 302. All expenses involved in the activation, rehabilitation, and outfitting (including repairs, alterations, and logistic support) of vessels transferred under this title, shall be charged to funds programed for the recipient government as grant military assistance, or as reimbursable, under the provisions of the Foreign Assistance Act of 1961, as amended, or successor legislation.

�


text:
Page:United States Statutes at Large Volume 79.djvu/1255

 79 STAT. ]

PUBLIC LAW 89-325-NOV. 7, 1965

1215

TITLE IV SEC:. 401. Loans executed under this Act shall be for periods not jJj^"*'°" °^ exceeding five veal's, l)nt the President may in his discretion extend such loans for an additional period of not more than five years. They shall he made on the condition that they may be terminated at an earlier date if necessitated by the defense requirements of the United States. S E C 402. No sale or loan may be made under this Act unless the .Secretary of Defense. after consultation with the Joint Chiefs of Sta,rt', determines rliat such sale or loan is hi the best interest of the United v'^tates. The Secretary of Defense shall keep the Uonjrress currently ^^"l^'^^ ^° ^°"' advised of all sales or loans made under authority of this Act. SEC. 40O. The Pi'esident may promulgate such niles and regulations as he deems necessary to carry out the provisions of this Act. .SEC. 404. 'Hie authority of the President to sell or lend naval vessels jg^^""'""^"" under this:Vct terminates on I)e«'ember31, 1967. Approved November,5, 1965.

Public Law 89-325 JOINT RESOLUTION ^,,, „,,,,^ ^^^3 Authorizing Father Flanagan's Boys' Home to erect a memorial in the District [H. J. Res. 64 1] of Columbia or its environs. Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That Father Flanagan's ^-C- memorial, Boys' Home of Boys Town, Nebraska, is authorized to erect a memorial Boys^'^jfome.^^^"*'' on public grounds in the District of Columbia, or its environs, in honor and commemoration of Father Edward J. Flanagan, founder of the world famous home for underprivileged and homeless boys. SEC. 2. (a) The Secretary of the Interior is authorized and directed selection of to select, with the approval of the Commission of Fine Arts and the ^'**' jSTational Capital Planning Commission, a suitable site on public grounds in the District of Columbia, or its environs, upon which may be erected the memorial authorized in the first section of this joint resolution. If the site selected is on public grounds belonging to or under the jurisdiction of the government of the District of Columbia, the approval of the Board of Commissioners of the District of Columbia shall also be obtained. (b) The design and plans for such memorial shall be subject to the design. approval of the Secretary of the Interior, the Commission of Fine Arts, and the National Capital Planning Commission, and the United States and the District of Columbia shall be put to no expense in the erection thereof. SEC. 3. The authority conferred pursuant to this joint resolution conditions. shall lapse unless (1) the erection of such memorial is commenced within five years from the date of enactment of this joint resolution, and (2) prior to its commencement funds are certified available in an amount: sufficient, in the judgment of the Secretary of the Interior, to insure completion of the memorial. SEC. 4. The maintenance and care of the memorial erected under Maintenance. the provisions of this joint resolution shall be the responsibility of the Secretary of the Interior. Approved November 7, 1965.

�


text:
Page:United States Statutes at Large Volume 79.djvu/1256

 1216

PUBLIC LAW 89-326-NOV. 7, 1965

[79 STAT.

Public Law 89-326 November 7, 1965 [H. R. 1778]

D.c. Insanitary buildings, condemnation. 68 Stat. 884.

Property a s s e s s, ment. Payment provisions. D.C. Code 5-622.

Sale of property for delinquent taxes.

Service of notice; methods. D.C. Code. 5-625.

AN ACT To amend the Act entitled "An Act to create a Board for the Condemnation of Insanitary Buildings in the District of Columbia, and for other purposes'", approved May 1, 1906, as amended.

Be It enacted by the Senate arul House of Representative^! of the United States of America in Congress assembled, That subsection (d) of section 2 of the Act entitled "An Act to create a Board for the Condemnation of Insanitary Buildings in the District of Columbia, and for other purposes", approved May 1, 1906 (34 Stat. 157; title 5, chapter 6, D.C. Code, 1961 edition), as amended, is amended by striking "same manner as general taxes are collected in the District of Columbia", and inserting in lieu thereof "manner provided in section 7 of this Act". SEC. 2. (a) Section 7 of said Act, as amended, is amended (1) by striking "in the same manner as general taxes are collected in the District of Columbia", and inserting in lieu thereof "as provided in this section"; and (2) by inserting immediately before the period at the end of said section the following: ": Provided further. That the taxes authorized to be levied and collected under this Act may be paid without interest within sixty days from the date such tax was levied. Interest of one-half of 1 per centum for each month or part thereof shall be charged on all unpaid amounts from the expiration of sixty days from the date such tax was levied. Any such tax may be paid in three equal installments with interest thereon. If any such tax or part thereof shall remain unpaid after the expiration of two years from the date such tax was levied, the property against which said tax was levied may be sold for such tax or unpaid portion thereof with interest and penalties thereon at the next ensuing annual tax sale in the same manner and under the same conditions as property sold for delinquent general real estate taxes, if said tax with interest and penalties thereon shall not have been paid in full prior to said sale". (b) Ally tax levied pursuant to such Act approved May 1, 1906, as amended by the Act approved August 28, 1954, which was levied after the effective date of such Act of August 28, 1954, and prior to the effective date of this section, shall, for the purpose of computing interest thereon, be deemed to have been levied as of the effective date of this section. SEC. 3. Section 10 of such Act, as amended, is amended to read as follows: "SEC. 10. (a) Any notice required by this Act to be served shall be deemed to have been served when served by any of the following methods: (a) when forwarded to the last known address of the owner as recorded in the real estate assessment records of the District of Columbia by registered or certitied mail, with return receipt, and such receipt shall consti'tute prima facie evidence of service upon such owner if such receipt is signed either by the owner or by a person of suitable age and discretion located at such address: Provided. That valid service upon the owner shall be deemed effected if such notice shall be refused by the owner and not delivered for that reason; or (b) when delivered to the person to be notified; or (c) when left at the usual residence or place of business of the person to be notified with a person of suitable age and discretion then resident or employed therein; or (d) if no such residence or place of business can be found in the District of Columbia by reasonable search, then if left with any person of suitable age and discretion employed at the office of any agent of the person to be notified, which agent has any authority or duty with reference to the land or tenement to which said notice

�


text:
Page:United States Statutes at Large Volume 79.djvu/1257

 79 STAT. ]

PUBLIC LAW 89-327-NOV. 7, 1965

1217

relates; or (e) if any such notice forwarded by registered or certified mail be returned for reasons other than refusal, or if personal service of any such notice, as hereinbefore provided, cannot be effected, then if published on three consecutive days in a daily newspaper published in the District of Columbia; or (f) if by reason of an outstanding unrecorded transfer of title the name of the owner in fact cannot be ascertained beyond a reasonable doubt, then if served on the owner of record in a manner hereinbefore provided. Any notice to a corporation shall, for the purposes of this Act, be deemed to have been served on such corporation if served on the president, secretary, treasurer, general manager, or any principal officer of such corporation in the manner hereinbefore provided for the service of notices on natural persons holding property in their own right; and notices to a foreign corporation shall, for the purposes of this Act, be deemed to have been served if served personally on any agent of such corporation, or if left with any person of suitable age and discretion residing at the usual residence or employed at the usual place of business of such agent in the Distridt of Columbia. "(b) I n case such notice is served by any method other than personal service, notice shall also be sent to the owner by ordinary mail." Approved November 7, 1965.

Public Law 89-327 JOINT RESOLUTION

T<».'tuthorizt' the President to proelaini the month of.NoveuiKier HJ^ "Water Conservation Month,".

November 7, 19 65

L.

Jit-sol red by the Senate and HovHe of Rej/re-Heritatlves of the United Sfiite'S of Ameru-a in Congren-s aiHeinbled^ That the President ij^ hereby Water Conservation Month. uiithorized and reque,sted to issue a proclamation dftsignating the "p"r5 as "Water Conservation Month*' in recognilion of the hnportance of water conservation to the maintenance of public health?md the national economy. Approved November 7, 1965.

�


text:
Page:United States Statutes at Large Volume 79.djvu/1258

 1218

PUBLIC LAW 89-328-NOV. 7, 1965

[79 STAT.

Public Law 89-328 November 7^ 1965 [H. R. 5026]

Burt County Bridge Commission, Nebr. Refund of revenue bonds, authorization.

To l l s, operation, and maintenance.

Records.

Audit report.

AN ACT To authorize the Burt County Bridge Commission, a public body politic and corporate in the county of Burt and State of Nebraska, to refund the outstanding revenue bonds of said Burt County Bridge Commission heretofore issued to finance the cost of the construction of a bridge, together with, the necessary approaches and appurtenances therefor, from a point located in the city of Decatur, Burt County, Nebraska, across the Missouri River to a point located in Monona County, Iowa.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Burt County Bridge Commission, a public body politic and corporate in the county of Burt and State of Nebraska, be, and is hereby, authorized to refund the outstanding revenue bonds of said Burt County Bridge Commission heretofore issued to finance the cost of the construction of a bridge, together with the necessary approaches and appurtenances therefor, from a point located in the city of Decatur, Burt County, Nebraska, across the Missouri River to a point located in Monona County, Iowa. SEC. 2. There is hereby conferred upon said Burt County Bridge Commission, all such authority, rights, and powers as are necessary or required to enable said Burt County Bridge Commission to issue its refunding revenue obligations for the purpose of refunding and refinancing said outstanding revenue bonds, including the payment of reasonable financing costs and expenses in connection with such refunding and refinancing. Said obligations are, in order of priority, as follows: 2,000 series A bonds of par value of $500 each, total value of $1,000,000, bearing interest at 4 per centum per annum, due August 1, 1985, and redeemable at 100 per centum of par value and accrued interest on any interest payment date; 2,000 non-interest-bearing notes in the amount of $375 each, total value of $750,000 due not later than August 1, 2004; and 2,000 series B bonds of par value of $500 each, total value of $1,000,000, bearing no interest, and principal due not later than August 1, 2004. SEC. 3. I n fixing the rates of tolls to be charged for the use of such bridge, the same shall be so adjusted as to provide a fund sufficient to pay for the reasonable cost of maintaining, repairing, and operating said bridge and its approaches, under economical management, and to provide a sinking fund sufficient to amortize said refunding revenue obligations. After a sinking fund sufficient for such amortization shall have been so provided, but in any event not later than August 1, 2004, such bridge shall thereafter be maintained and operated free of tolls. An accurate record of the cost of such refunding and refinancing, the cost of maintaining, repairing, and operating said bridge and of the daily tolls collected, shall be kept and shall be available for the information of all persons interested. The Commission shall provide the Secretary of Commerce with a copy of its semiannual audit report, which shall be subject to review by the Secretary, and who, if he deems necessary, may undertake on-site audits of the Commission's records at no expense to the Ownmission. Approved November 7, 1965.

�


text:
Page:United States Statutes at Large Volume 79.djvu/1259

 79 STAT. ]

PUBLIC LAW 89-329-NOV. 8, 1965

1219

Public Law 89-329 AN ACT

November s^ 1965

To strengthen the educational resources of our colleges and universities and to provide financial assistance for students in postsecondary and higher education.

i • • -^ ]

Be it enacted by the Senate and Bouse of Representatives of the United States of America in Congress assembled, That this Act may ^^^^^^Y ^'^'"'^^' be cited as the "Higher Education Act of 1965". TITLE I—COMMUNITY SERVICE A N D C O N T I N U I N G EDUCATION PROGRAMS AppROrRIATIONS

AUTHORIZED

SEC. 101. For the purpose of assisting the people of the United States in the solution of community problems such as housing, poverty, government, recreation, employment, youth opportunities, transportation, health, and land use by enabling the Commissioner to make grants under this title to strengthen community service programs of colleges and universities, there are authorized to be appropriated $35,000,000 for the fiscal year ending June 30, 1966, and $50,000,000 for the fiscal year ending June 30, 1967, and for the succeeding fiscal year. For the fiscal year ending June 30, 1969, and the succeeding fiscal year, there may be appropriated, to enable the Commissioner to make such grants, only such sums as the Congress may hereafter authorize by law. DEFINITION o r COMMUNITY SERVICE PROGRAM

SEC. 102. For purposes of this title, the term "community service program" means an educational program, activity, or service, including a research program and a university extension or continuing education offering, which is designed to assist in the solution of community problems in rural, urban, or suburban areas, with particular emphasis on urban and suburban problems, where the institution offering such program, activity, or service determines— (1) that the proposed program, activity, or service is not otherwise available, and (2) that the conduct of the program or performance of the activity or service is consistent with the institution's over-all educational program and is of such a nature as is appropriate to the effective utilization of the institution's special resources and the competencies of its faculty. Where course ofl'erings are involved, such courses must be university extension or continuing education courses and must be— (A) fully acceptable toward an academic degree, or (B) of college level as determined by the institution offering such courses. ALLOTMENTS TO STATES

SEC. 103. (a) Of the sums appropriated pursuant to section 101 for each fiscal year, the Commissioner shall allot $25,000 each to Guam, American Samoa, the Commonwealth of Puerto Rico, and the Virgin Islands and $100,000 to each of the other States, and he shall allot to each State an amount which bears the same ratio to the remainder of such sums as the population of the State bears to the population of all States. (b) The amount of any State's allotment under subsection (a) for any fiscal year which the Commissioner determines will not be required.

�


text:
Page:United States Statutes at Large Volume 79.djvu/1260

 1220

PUBLIC LAW 89-329-NOV. 8, 1965

[79 STAT.

for such fiscal year for carrying out the State plan (if any) approved under this title shall be available for reallotment from time to time, on such dates during such year as the Commissioner may fix, to other States in proportion to the original allotments to such States under such subsection for such year, but with such proportioHalte amount for any of such States being reduced to the extent it exceeds the sum the Commissioner estimates such State needs and will be able to use for such year for carrying out the State plan; and the total of such reductions shall be similarly reallotted among the States whose proportionate amounts were not so reduced. Any amount reallotted to a State under this subsection during a year from funds appropriated pursuant to section 101 shall be deemed part of its allotment under subsection (a) for such year. (c) In accordance with regulations of the Commissioner, any State may file with him a request that a specified portion of its allotment under this title be added to the allotment of another State under this title for the purpose of meeting a portion of the Federal share of the cost of providing community service programs under this title. If it is found by the Commissioner that the programs with respect to which the request is made would meet needs of the State making the request and that use of the specified portion of such State's allotment, as requested by it, would assist in carrying out the purposes of this title, such portion of such State's allotment shall be added to the allotment of the other State under this title to be used for the purpose referred to above. (d) The population of a State and of all the States shall be determined by the Commissioner on the basis of the niost recent satisfactory data available from the Department of Commerce. U S E S OF ALLOTTED F U N D S

SEC. 104. A State's allotment under section 103 may be used, in accordance with its State plan approved under section 105(b), to provide new, expanded, or improved community service programs. STATE

PLANS

SEC. 105. (a) Any State desiring to receive its allotment of Federal funds under this title shall designate or create a State agency or institution which has special qualifications w4th respect to solving community problems and which is broadly representative of institutions of higher education in the State which are competent to offer community service programs, and shall submit to the Commissioner through the agency or institution so designated a State plan. If a State desires to designate for the purposes of this section an existing State agency or institution which does not meet these requirements, it may do so if the agency or institution takes such action as may be necessary to acquire such qualifications and assure participation of such institutions, or if it designates or creates a State advisory council which meets the requirements not met by the designated agency or institution to consult with the designated agency or institution in the preparation of the State plan. A State plan submitted under this title shall be in such detail as the Commissioner deems necessary and shall— (1) provide that the agency or institution so designated or created shall be the sole agency for administration of the plan or for supervision of the administration of the plan; and provide that such agency or institution shall consult with any State advisory council required to be created by this section with respect to policy matters arising in the administration of such plan;

�


text:
Page:United States Statutes at Large Volume 79.djvu/1261

 79 STAT. ]

PUBLIC LAW 89-329-NOV. 8, 1965

(2) set forth a comprehensive, coordinated, and statewide system of community service programs under which funds paid to the State (including funds paid to an institution pursuant to section 106(c)) under its allotments under section 103 will be expended solely for community service programs which have been approved by the agency or institution administering the plan; (3) set forth the policies and procedures to be followed in allocating Federal funds to institutions of higher education in the State, which policies and procedures shall insure that due consideration will be given— (A) to the relative capacity and willingness of particular institutions of higher education (whether public or private) to provide effective community service programs; (B) to the availability of and need for community service programs among the population within the State; and (C) to the results of periodic evaluations of the programs carried out under this title in the light of information regarding current and anticipated community problems in the State; (4) set forth policies and procedures designed to assure that Federal funds made available under this title will be so used as not to supplant State or local funds, or funds of institutions of higher education, but to supplement and, to the extent practicable, to increase the amounts of such funds that would in the absence of such Federal funds be made available for community service programs; (5) set forth such fiscal control and fund accounting procedures as may be necessary to assure proper disbursement of and accounting for Federal funds paid to the State (including such funds paid by the State or by the Commissioner to institutions of higher education) under this title; and (6) provide for making such reports in such form and contain- Records. ing such information as the Commissioner may reasonably require to carry out his functions under this title, and for keeping such records and for affording such access thereto as the Commissioner may find necessary to assure the correctness and verification of such reports, (b) The Commissioner shall approve any State plan and any modification thereof which complies with the provisions of subsection (a). PAYMENTS

SEC. 106. (a) Except as provided in subsection (b), payment under this title shall be made to those State agencies and institutions which administer plans approved under section 105(b). Payments under this title from a State's allotment with respect to the cost of developing and carrying out its State plan shall equal 75 per centum of such costs for the fiscal year ending June 30, 1966, 75 per centum of such costs for the fiscal year ending June 30, 1967, and 50 per centum of such costs for each of the three succeeding fiscal years, except that no payments for any fiscal year shall be made to any State with respect to expenditures for developing and administering the State plan which exceed 5 per centum of the costs for that year for which payment under this subsection may be made to that State, or $25,000, whichever is the greater. In determining the cost of developing and carrying out a State's plan, there shall be excluded any cost with respect to which payments were received under any other Federal program.

1221

�


text:
Page:United States Statutes at Large Volume 79.djvu/1262

 1222

PUBLIC LAW 89-329-NOV. 8, 1965

[79 STAT.

(b) No payments shall be made to any State from its allotments for any fiscal year unless and until the Commissioner finds that the institutions of hig-her education which will participate in carrying out the State plan for that year will together have available during that year for expenditure from non-Federal sources for college and university extension and continuing education programs not less than the total amount actually expended by those institutions for college and university extension and continuing education programs from such sources during the fiscal year ending June 30, 1965, plus an amount equal to not less than the non-Federal share of the costs with respect to which payment pursuant to subsection (a) is sought. (c) Payments to a State under this title may be made in installments and in advance or by way of reimbursement with necessary adjustments on account of overpayments or underpayments, and they may be paid directly to the State or to one or more participating institutions of higher education designated for this purpose by the State, or to both. ADMINISTRATION OF STATE P L A N S Opportunity for hearing.

Noncompliance.

SEC. 107. (a) The Commissioner shall not finally disapprove any State plan submitted under this title, or any modification thereof, without first affording the State agency or institution submitting the plan reasonable notice and opportunity for a hearing. (b) Whenever the Commissioner, after reasonable notice and opportunity for hearing to the State agency or institution administering a State plan approved under section 105(b), finds that— (1) the State plan has been so changed that it no longer complies with the provisions of section 105(a), or (2) in the administration of the plan there is a failure to comply substantially with any such provision, the Commissioner shall notify the State agency or institution that the State will not be regarded as eligible to participate in the program under this title until he is satisfied that there is no longer any such failure to comply. J U D I C I A L REVIEW

72 Stat. 9 4 1.

SEC. 108. (a) If any State is dissatisfied with the Commissioner's final action with respect to the approval of its State plan submitted under section 105(a) or with his final action under section 107(b), such State may, within sixty days after notice of such action, file with the United States court of appeals for the circuit in which the State is located a petition for review of that action. A copy of the petition shall be forthwith transmitted by the clerk of the court to the Commissioner. The Commissioner thereupon shall file in the court the record of the proceedings on which he based his action, as provided in section 2112 of title 28, United States Code. (b) The findings of fact by the Commissioner, if supported by substantial evidence, shall be conclusive; but the court, for good cause shown, may remand the case to the Commissioner to take further evidence, and the Commissioner may thereupon make new or modified findings of fact and may modify his previous action, and shall certify to the court the record of the further proceedings. Such new or modified findings of fact shall likewise be conclusive if supported by substantial evidence. (c) The court shall have jurisdiction to affirm the action of the Commissioner or to set it aside, in whole or in part. The judgment

�


text:
Page:United States Statutes at Large Volume 79.djvu/1263

 79 STAT. ]

PUBLIC LAW 89-329-NOV. 8, 1965

of the court shall be subject to review by the Supreme Court of the United States upon certiorari or certification as provided in section 1254 of title 28, United States Code.

1223

^2 Stat. 928.

N A T I O N A L ADVISORY C O U N C I L ON E X T E N S I O N A N D C O N T I N U I N G EDUCATION

SEC. 109. (a) The President shall, within ninety days of enactment p^tsfdint""'"* ^^ of this title, appoint a National Advisory Council on Extension and Continuing Education (hereafter referred to as the "Advisory Council"), consisting of the Commissioner, who shall be Chairman, one representative each of the Departments of Agriculture, Commerce, Defense, Labor, Interior, State, and Housing and Urban Development, and the Office of Economic Opportunity, and of such other Federal agencies having extension education responsibilities as the President may designate, and twelve members appointed, for staggered terms and without regard to the civil service laws, by the President. Such twelve members shall, to the extent possible, include persons knowledgeable in the fields of extension and continuing education. State and local officials, and other persons having special knowledge, experience, or qualification with respect to community problems, and persons representative of the general public. The Advisory Council shall meet at the call of the Chairman but not less often than twice a year. (b) The Advisory Council shall advise the Commissioner in the Duties. preparation of general regulations and with respect to policy matters arising in the administration of this title, including policies and procedures governing the approval of State plans under section 105(b), and policies to eliminate duplication and to effectuate the coordination of programs under this title and other programs offering extension or continuing education activities and services. (c) The Advisory Council shall review the administration and effec- id^^t'anVc^'^^^" tiveness of all federally supported extension and continuing education gress.^" programs, including community service programs, make recommendations with respect thereto, and make annual reports commencing on March 31, 1967, of its findings and recommendations (including recommendations for changes in the provisions of this title and other Federal laws relating to extension and continuing education activities) to the Secretary and to the President. The President shall transmit each such report to the Congress together with his comments and recommendations. (d) Members of the Advisory Council who are not regular full- compensation. time employees of the United States shall, while serving on the business of the Council, be entitled to receive compensation at rates fixed by the Secretary, but not exceeding $100 per day, including travel time; and, while so serving away from their homes or regular places of business, members may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5 of the Administrative Expenses Act of 1946 (5 U.S.C. 73b-2) for persons in the so Stat. sos; Government service employed intermittently. ^^ ^*^*- ^^^' ^'^^• (e) The Secretary shall engage such technical assistance as may be required to carry out the functions of the Advisory Council, and the Secretary shall, in addition, make available to the Advisory Council such secretarial, clerical, and other assistance and such pertinent data prepared by the Department of Health, Education, and Welfare as it may require to carry out its functions. {f\ In carrying out its functions pursuant to this section, the Advisory Council may utilize the services and facilities of any agency of the Federal Government, in accordance with agreements between the Secretary and the head of such agency.

�


text:
Page:United States Statutes at Large Volume 79.djvu/1264

 1224

PUBLIC LAW 89-329-NOV. 8, 1965

[79 STAT.

RELATIONSHIP TO OTHER PROGRAMS

SEC. 110. Nothing in this title shall modify authorities under the Act of February 23, 1917 (Smith-Hughes Vocational Education 60 lilt???• ^ ^ *) ' ^ amended (20 U.S.C. 11-15, 16-28); the Vocational Educa• • tion Act of 1946, as amended (20 U.S.C. 15i-15m, 15o-15q, 15aa-15jj, and 15aaa-15ggg); the Vocational Education Act of 1963 (20 U.S.C. 77 Stat. 403. 35-35n); title VIII of the Housing Act of 1964 (Public Law 8 8 II M«o lnf«M '"^^O); or the Act of May 8, 1914 (Smith-Lever Act), as amended 6? sta?. 1° (7 U.S.C. 341-348). LIMITATION

"School or devfnit^!" ° ^'

SEC. 111. No grant may be made under this title for any educational program, activity, or service related to sectarian instruction or religious worslilp, or provided by a school or department of divinity. For purposes of this section, the term "school or department of divinity'' means an institution or a department or branch of an institution whose program is specifically for the education of students to prepare them to become ministers of religion or to enter upon some other religious vocation, or to prepare them to teach theological subjects. TITLE II - C O L L E G E LIBRAKY ASSISTANCE AND LIBRARY TRAINING AND RESEARCH PART A—COLLEGE LIBRARY RESOURC^ES APPROPRIATIONS

AUTHORIZED

SEC. 201. There are authorized to be appi-opriated $50,000,000 for the fiscal year ending June 30, 1966, and for each of the two succeeding fiscal years, to enable the Commissioner to make grants under this part to institutions of higher education to assist and encourage such institutions in the acquisition for library purposes of books, periodicals, documents, magnetic tapes, phonograph records, audiovisual materials, and other related library materials (including necessary binding). For the fiscal year ending June 30, 1969, and the succeeding fiscal year, there may be appropriated, to enable the Commissioner to make such grants, only such sums as the Congress may hereafter authorize by law. BASIC GRANTS

SEC. 202. From 75 per centum of the sums appropriated pursuant tx) section 201 for any fiscal year, the Commissioner is authorized to make basic grants for the purposes set forth in that section to institutions of higher education and combinations of such institutions. The amount of a basic grant shall not exceed $5,000 for each such institution of higher education and each branch of such institution which is located in a community different from that in which its parent institution is located, as determined in accordance with regulations of the Commissioner, and a basic grant under this subsection may be made only if the application therefor is approved by the Commissioner upon his determination that the application (whether by an individual institution or a combination of institutions) — (a) provides satisfactory assurance that the applicant will expend during the fiscal year for which the grant is requested (from funds other than funds received under this part) for all library purposes (exclusive of construction)(1) an amount not

�


text:
Page:United States Statutes at Large Volume 79.djvu/1265

 79 STAT. ]

PUBLIC LAW 89-329-NOV. 8, 1965

1225

less than the average annual amount it expended for such purposes during the two-year period ending June 30, 1965, and (2) an amount (from such other sources) equal to not less than the amount of such grant; (b) provides satisfactory assurance that the applicant will expend during the fiscal year for which the grant is requested (from funds other than funds received under this part) for books, periodicals, documents, magnetic tapes, p h o n o ^ a p h records, audiovisual materials, and other related materials (including necessary binding) for library purposes an amount not less than the average annual amount it expended for such materials during the two-year period ending June 30, 1965; (c) provides for 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 (d) provides for making such reports, in such form and con- ^.^^°'^ '^*^"" taining such information, as the Commissioner may require to tion. carry out his functions under this section, and for keeping such records and for affording such access thereto as the Commissioner may find necessary to assure the correctness and verification of such reports. SUPPLEMENTAL GRANTS

SEC. 203. (a) From the remainder of such 75 per centum of the sums appropriated pursuant to section 201 for any fiscal year, plus any part of such sums as the Commissioner determines will not be used for making grants under section 204, the Commissioner is authorized to make supplemental grants for the purposes set forth in section 201 to institutions of higher education and combinations of such institutions. The amount of a supplemental grant shall not exceed $10 for each fulltime student (including the full-time equivalent of the number of parttime students) enrolled in each such institution, as determined pursuant to regulations of the Commissioner. A supplemental grant may be made only upon application therefor, in such form and containing such information as the Commissioner may require, which application shall— (1) meet the application requirements set forth in section 202 except for the matching requirement set forth in paragraph (a) (2) of that section: (2) describe the size and quality of the library resources of the applicant in relation to its present enrollment and any expected increase in its enrollment; (3) set forth any special circumstances which are impeding or will impede the proper development of its library resources; and (4) provide a general description of how a supplemental grant would be used to improve the size or quality of its library resources. (b) The Commissioner shall approve applications for supplemental grants on the basis of basic criteria prescribed in regulations and developed after consultation with the Council created under section 205. Such basic criteria shall be such as will best tend to achieve the objectives of this part and they (1) may take into consideration factors such as the size and age of the library collection and student enrollment, and (2) shall giv'e priority to institutions in need of financial n-^sistance for library purposes. 49-850 0-66—80

�


text:
Page:United States Statutes at Large Volume 79.djvu/1266

 1226

PUBLIC LAW 89-329-NOV. 8, 1965

[79 STAT.

SPECIAL P U R P O S E GRANTS

SEC. 204. (a)(1) Twenty-five per centum of the sums appropriated pursuant to section 201 for each fiscal year shall be used by the Commissioner in accordance with this subsection. (2) Of the sums available for use under paragraph (1) sixty per centum may be used to make special grants (A) to institutions of higher education which demonstrate a special need for additional library resources and which demonstrate that such additional library resources will make a substantial contribution to the quality of their educational resources, (B) to institutions of higher education to meet special national or regional needs in the library and information sciences, and (C) to combinations of institutions of higher education which need special assistance in establishing and strengthening jointuse facilities. Grants under this section may be used only for books, periodicals, documents, magnetic tapes, phonograph records, audiovisual materials, and other related library materials (including necessary binding). (3) Any sums available for use under paragraph (1) which are not used for the purposes of paragraph (2) shall be used in the manner prescribed by the first sentence of section 203(a). (b) Grants pursuant to paragraph (2) shall be made upon application providing satisfactory assurance that (1) the applicant (or applicants jointly in the case of a combination of institutions) will expend during the fiscal year for which the grant is requested (from funds other than funds received under this part) for the same purpose as such grant an amount from such other sources equal to not less than 3314 per centum of such grant, and (2) in addition each such applicant will expend during such fiscal year (from such other sources) for all library purposes (exclusive of construction) an amount not less than the average annual amount it expended for such purposes during the twoyear period ending June 30, 1965. ADVISORY C O U N C I L ON COLLEGE LIBRARY RESOURCES

^"*^^^-

Members, compensation.

75 Stat. 339, 340. 60 Stat. 808;

SEC. 205. (a) The Commissioner shall establish in the Office of Education an Advisory Council on College Library Resources consisting of the Commissioner, who shall be Chairman, and eight members appointed^ without regard to the civil service laws, by the Commissioner with the approval of the Secretary. (b) The Advisory Council shall advise the Commissioner with respect to establishing criteria for the making of supplemental grants under section 203 and the making of special purpose grants under section 204. The Commissioner may appoint such special advisory and technical experts and consultants as may be useful in carrying out the functions of the Advisory Council. /^\ Members of the Advisory Council, while serving on business of •, ^ /

i

•

/^

- i i n

•

,

,

,

^

n

^

the Advisory Council, shall receive compensation at a rate to be fixed by the Secretary, but not exceeding $100 per day, including travel time; and, while so serving away from their homes or regular places of business, they may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5 of the Administrative Expenses Act of 1946 (5 U.S.C. 73b-2) for persons in the Government service employed intermittently. ACCREDITATION REQUIREMENT FOR PURPOSES OF T H I S

PART

SEC. 206. For the purposes of this part, an educational institution shall be deemed to have been accredited by a nationally recognized accrediting agency or association if the Commissioner determines that

�


text:
Page:United States Statutes at Large Volume 79.djvu/1267

 79 STAT. ]

PUBLIC LAW 89-329-NOV. 8, 1965

1227

there is satisfactory assurance that upon acquisition of the library resources with respect to which assistance under this part is sought, or upon acquisition of those resources and other library resources planned to be acquired within a reasonable time, the institution will meet the accreditation standards of such agency or association. LIMITATION

SEC. 207. No grant may be made under this part for books, periodicals, documents, or other related materials to Ibe used for sectarian instruction or religious worship, or primarily in connection with any part of the program of a school or department of divinity. For pur- "schooi or deposes of this section, the term "school or department of divmity" means vfnit^^" an institution or a department or branch of an institution whose program is specifically for the education of students to prepare them to become ministers of religion or to enter upon some other religious vocation, or to prepare them to teach theological subjects. CONSULTATIOSr WITH STATE AGENCY

SEC. 208. Each institution of higher education which receives a grant under this part shall periodically inform the State agency (if any) concerned with the educational activities of all institutions of higher education in the State in which such institution is located, of its activities under this part. PART B—LIBRARY TRAINING AND RESEARCH APPROPRIATIONS AUTHORIZED

SEC. 221. There are authorized to be appropriated $15,000,000 for the fiscal year ending June 30, 1966, and for each of the two succeeding fiscal years, for the purpose of carrying out this part. For the fiscal year ending June 30, 1969, and the succeeding fiscal year, there may be appropriated for such purpose only such sums as the Congress may hereafter authorize by law. DEFINITION o r "LIBRARIANSHIP5?

SEC. 222. For the purposes of this part the term "librarianship" means the principles and practices of the library and information sciences, including the acquisition, organization, storage, retrieval, and dissemination of information, and reference and research use of library and other information resources. GRANTS FOR TRAINING IN LIBRARIANSHIP

SEC. 223. (a) The Commissioner is authorized to make grants to institutions of higher education to assist them in training persons in librarianship. Such grants may be used by sudh institutions to assist in covering the cost of courses of training or study for such persons, and for establishing and maintaining fellowships or traineeships with stipends (including allowances for traveling, subsistence, and other expenses) for felloM^s and others undergoing training and their dependents not in excess of such maximum amounts as may be prescribed by the Commissioner. (b) The Commissioner may make a grant to an institution of higher education only upon application by the institution and only upon his finding that such program will substantially further the objective of increasing the opportunities throughout the Nation for training in librarianship.

�